Se MERLE EE CLG - Re eae ae Se >) > * >, » ¥ x - = " SAI oS Ss bh 2 ae De ee ES eee) Bs ea tac sulitemnin ? » et are AR ae Ny Se BR ER + ea acter - Sn THE oF : JAMES O COIGLY, otherwife called JAMES QUIGLEY, otherwife called JAMES JOHN FIVEY, ARTHUR O'CONNOR, E/fy. JOHN BINNS, JOHN ALLEN, and JEREMIAH LEARY, FOR igh Creafon, UNDER A SPECIAL COMMISSION, AT MAIDSTONE, IN KENT, On Monday the Twenty-firft, and Tuefday the Twenty-fecond ) Days of May, 1798. TAKEN IN SHORT-HAND, BY JOSEPH GURNEY. LONDON: SOLD BY M. GURNEY, BOOKSELLER, HOLBORN+HILLs 1798. RRS IS Pies <0 [ENTERED AT STATIONERS’ HALL] TRIAL JAMES O COIGLY, otherwife called JAMES QUIGLEY, otherwife called JAMES JOHN FIVEY, ARTHUR O'CONNOR, Efy. JOHN BINNS, JOHN ALLEN, and JEREMIAH LEARY, FOR HIGH TREASON. On the 28th of February, 1798, the Prifoners were appre- hended at Margate. On the 6th of March the Prifoners were committed to the Tower, by Warrant from his Grace the Duke of Portland, one of his Majefty’s Principal Secretaries of State, on a charge of High Treafon. Qn the rgth of March a Special Commiffion of Oyer and Terminer ifflued under the Great Seal of Great Britain, to enquire of certain High Treafons and Mifprifions of Treafon committed within the County of Kent, and a Special Com- miffion of Gaol Delivery as to all Perfons who were or fhould be in cuftody for fuch offences on or before the toth of April following. On the 7th of April the Prifoners were removed by Habeas Corpora from the Tower to the County Gaol at Maidftone. B2 On ane On the roth of April the Special Commiffions were opened at the Seffion Houfe at Maidftone—Prefent, The Right Honourable Lord Romney, Lord Lieutenant of the County ; The Honourable Sir Francis Buller, Baronet; and thes Honourable John Heath, Efg. two of the Juftices of his Majefty’s Court of Common Pleas ; after which the Court adjourned to the next morning. On the 11th of April the Court met, purfuant to adjourn- ment ; the Sheriff delivered in the pannel of the Grand Jury, which was called over, when the following Gentlemen were fworn THE GRAND JURY. Sir Edward Knatchbull, Baronet. Sir John Gregory Shaw, Baronet. Francis Motley Auften, Efq, Sir John Dixon Dyke, Baronet. Edward Hufley, Efq. Sir William Geary, Baronet, | John Larkin, Efq. Charles Townfend, Efq. Thomas Brett, Efg. Henry Oxendon, Efq. Edward Peach, Efq. William Hammond, Efq. Henry Woodgate, Efq. George Polhill, Efq. William Francis Woodgate, Nicholas Roundell Toke, Efq. Efq. Lewis Gage, the younger, Efg. James Chapman, Efq. Edward Auften, Efq. George Smith, Efq. George Grote, Efq. George Talbot Hatley ‘George Children, Efq. Foote, Efq. | Mr. JUSTICE BULLER. Gentlemen of the Grand Fury, AS we are convened here under a commiffion which his Majefty has been pleafed to dire&t for a fpecial purpofe, and not in the. ordinary courfe of an Affize, it may naturally be ex- pected that I fhould fay fomething on the occafion of our being thus aflembled. To enable me to do that, I have no guide but the commiffions which I bear, for no depofitions are returned here according to the univerfal pra@tice of an Affize. Probably that has arifen from the circumftance that indi¢tments for Treafon are ufually prepared by the immediate Officers of the Crown, and not by the Officers of this Court. In many cafes a different practice might be ufeful, becaufe it is as material in Treafon as it is in Felony, that the Court fhould be enabled to point out to a. Grand Jury the leading features of the cafes which are {ubmitted to their confideration, and the circumftances to which it is moft effential for them to apply their attention, when they confider the effect and bearing of the evidence which may be brought before them, | At prefent I know not any of the circumftances which are likely to be adduced againft the prifoners, and therefore I can only deliver to you the Law in general terms, as I find it laid down in our books, with the hope that fome obfervations or other may be of affiftance to you in the inquiries which you will have to make. If they fhould be found not to be appli, cable to the cafes. brought before you, and any queftions fhould arife on which you may be defirous of obtaining information, the Court will at all times be ready to give you every affift- ance in their power. From the commiffions we learn that our enquiries are ta be confined to the crimes of High Treafon and Milprifion of Trea- fon. It was the happinefs of this country for a confiderable feries of years to be almoft a ftranger to the crime of Treafon, until the new principles and opinions which have been adopted in France unfortunately mifled the minds of many unthinking people, and. alfo furnifhed the difcontented in this country itp B 3 what. ° © 3 what they thought the probable means’ of fubverting our exift. ing laws and confitution, and introducing the fyftem of anarchy and confufion which has fatally prevailed’ there. “Powerfulas thefe opinions have been in their effect in France, they cannot make way with the confiderate part’ of this ‘country; becaufe they would deftroy ‘a conftitution, under which experience has fhewn that men may liye happily if they pleafe, and they would eftablifh nothing i in its room which can fecure' the freedom, ‘the liberty, or the property of the members of the community. Tn our prefent {tate we have rio danger to‘ fear from the power of the Supreme Magiftrate : he muft on alt occafions act by the advice or “intervention of' others, who: can’ derive no authority from him which the laws do not fanétion, and ‘who are refponfible for the advice they may afford, and punifhable for the evil counfel they ‘may give. No’ law ‘can here: be made to ‘which the Legiflature themfelves will not»be equally liable with every other fubject '; ‘and no better fecurity can be devifed againft opprefive laws, than’the certainty that if they be fo, their’ makers will fuffer by them, There is not in this country one rule by -which the-rich are povestict, and another for the poor. No man has juttice meted out to him by a different meafure on account of ‘his*rank ‘or fortune, from ‘what would be done if he were deftitute of bot h. Every invafion of property is judged of "y the fame ‘rule; every injury is compenfated ‘i in the fame way; and every crime is reftrained by the fame punifhment, be ‘the condition ofthe offender what it may. It is in’ this alone ‘that true equality can exift in focie ety. Different degrees are neceflary for every Government's ‘and greater talents and induftry will in the courfe of things give one mana fuperiority over anothers and with- out fome diftinction and rank, the Magittrate would ‘want auc thority; virtue: ‘would be without one’of its ftrongeft incen- tives; and® the prudent and induftrious would reinain on 4 footing with the idle and the diffipated. {f'this be-a fair defcription of the advantages of our Confti- tution, it'may be thought impoffible that: any number of perfons in this country fhould with to adopt any other form of Govern- ment, But it is the obfervation of a very wile man, that “he . a wha A) who goeeth-about to perfuade.a multitude that they are. not {6 well governedias they ought to be,, fhall never want attentive and. favourable hearers, becaufe they, know..the manifold de- fects whereunto every &ind of regimen isfubject; but-the fecret kets and difficulties. which. in. public proceedings are, innume- rable and. inevitable;.they-have. not; ordinarily the judgment ta confider.”’ . - Among the unthinking and thofe who do not-take.a compre- henfive wiew- of -the fubje@&,.much mifchief maybe done by artfuland defigning, men, who. aggravate the defects of one Confittition, and dwell.only on the advantages of others, and notwithftanding the imperfections of human wifdom, requiring unerring conda@. from. their Governors, imputing every-mil- ehief of chance to-illdefign and corruptions and as a correction of all thofe-evils, they teach the people that, the Government eught to be: in their hands... They whom 'this latter argument may allure, would:do well'to confider whether any change of Government can really better the condition of the body of the people. The actual exercife of power muft, from its nature, be -wefted-in a few); it may fhift, where there. is no Monarchy; from the hands of one contending party to.thofe of another but the mafs of the people muft remain as they are, employed at the plough, / the .anwil, the loom, or,.in fome occupation which will afford.a «maintenance and fupport. . There is noz thing which prevents men of abilities equal. to great fituations from obtaining -in-this country the higheft offices;and honours, of which therinftances:are numerous in every. department. But asi no State can gratify the ambition and views of every one, who:may feel: his: fortune wearing,away, think his merit neglected, or. his abilities employed on. fubjects below them; men:of this defcription will look for times of trouble and. con fufion, as affording them opportunities which in. the regulary courfe of -fettled Government, cannot. arife ; when» they may obtain in a day what nolength of labour could -have.procured without the affiftance of chance ; when they may rife-to fudden elevation by. the downfall of others ; and when from the general mifery of their-country,. they may,.by poffibility advance their own private intereft...To guard. again{t the machinations of B 4 fuch . € 2) fiich reftlefs and turbulent fpirits, the Common Law, and the Statute Law of the land have made: various provifions, at the head of which the code of Criminal Law relating to High Treafon is to be found. High Treafon by the Old Law of ine lands is faid to con~ fift:inthe imagination of the heart: but our Anceftors wifely provided that no man fhould be tried for fecret intentions only, and that any crime, of which he was accufed, fhould-not only be manifefted by overt acts, but that fuch overt. acts fhould be chargéd in the indi€tment, in order that the fuppofed of- fender might be apprized of the nature of the: cafe intended to be proved againft him, and be prepared to give it fuch an anfwer as the truth would admit. ‘This 1s one of the various inftances in which our forefathers have been zealous-to found a Conftitution which might preferve to their pofterity the fafety of their lives, and the fecurity of their liberties, provided only that they kept themfelves within the bounds of laws common to all, and made for the benefit of all. Of ‘the different kinds of Treafon which are comprized within the Statute of the 25 Edward III, I prefume it will fuffice for every purpofe of the prefent enquiry to felect thefe two. Firft, The compaffing or imagining the death of the King ; and; Secondly, adhering to the King’s Enemies, giv- ing them.aid and comfort within the realm or without. I will alfo take fome notice of two very modern Statutes which may or may not be found applicable to thefe cafes. Befides’ the grofler cafes of an immediate attack on the King’s perfan, with a view to deprive him of life, there are many others which have been holden at all times to be overt aéts of compafiing and imagining his death. Con/piring againft the King’s life,—Sending letters to invite other perfons to provide weapons to effeCtuate his death,—Meeting and con- - fuiting, or printing treafonable pofitions, to prove that the people ought to take the Government into their own hands, or any other aé&s which have a manifeft tendency: to endan- ger his.perfon, are overt ats to prove the compaffing of his ‘ death.—-And.on this ground it has been determined that con- certing with Foreigners or others: to procure an Invafion of a Poh the ( # the Kingdomy going abroad for that. purpofe,. or ever intends ing fo to do,.and taking any fteps.in order thereto, are overt acts of compaffing the King’s deaths The mere taking boat in. order to. go on board a veflel,.with: intention .toi go..te France for the purpofe of perfuading, the French, to~ invade this Kingdom, has. been folemnly; determined. to be).a fufi- cient overt-act.', ‘Fhefe points. have. been, long, decided. by Judges eminently. friendly, to the principlesjef the, Revolu- tions and the liberty of the fubje&, among whom was. Lord Chief: Juftice Holt, who.was,as found a Lawyer.as.mok who ever prefided in Weftminfter Hall; and whobore:a confi- derable, part in bringing about the Revolution itfelf. Under ‘the head of adhering..to the King’s .Enemies, it might be fufficient to fay that, any act by which it, is ins tended. to ftrengthen the Enemy, and to weaken. the King’s hands, is adhering to the King’s Enemies. .The bare fending or conveying money, provifions, or intelligence, in .order-te be conveyed to the enemy, though the money or intelligence happens to be intercepted, and never gets: to the-hands of the enemy; has alfo been determined to be an.a& ef ;treafon. The reafon afligned for which «is, that the party in fending it-did all he could, and the Treafon,-was.completé on his party though it had not the effect he intended;.in-ether words the fending, carrying or removing money, or intelligence for the purpofe mentioned, is an overt. act, which marks- and indicates the traiterous imagination of the heart, In Treafon, all concerned are principals. Wheremany are acting together.in the fame-traiterous defigns, thé act of each in purfuance of that defign, .is-the a of the others, and all are equally guilty... Many.acis in» their, nature can only be com- mitted by the hand.of one, but: {till they are tightly confidered as the acts of all, who are privy and confenting to the defign : and mens being in the fame company when the defign is in agi- tation, is a great evidence of their knowledge and confent. Indi€tments for High Treafon generally run to aconfiderable length: for firft they ftate the kind eftreafon which is imputed to the prifoner, and then they ftate the feveral facts done by the prifoner, which are intended to be eftablifhed by evidence as proofs ( 10 ) proofs. of the treafon which is:charged. © Thofeare called overt acts, and are the moft material for the attention of a°Jury. ‘Thotgh! many: fuch: acts arecharged in‘an indictment, ‘yet if any“ene is petasbactorily proved,'that is fufficient to convict the offender. The ftatutes:'to which I alluded are, firft, an act of the thirty-third year ofthe prefent King’s reign, chapter the thirty- feventh, entitled: 4a AG more effectually to prevent, during the prefent War. between Great Britain and France, ail traitorous corve/pondence.with, or aid or affifiance being given to, his Ma- joys Enemies, By that ftatute amongft other things’ it is enacted,: that if any perfon fhould procure, for the purpofe of being fent: into France, any arms, ‘ftores, bills, gold or filver coin, or other articles therein mentioned, without licenfe of the King or Council, he fhall be deemed a traitor, and fuffer death as fuch, except it be under different circumftances, ‘which ¢an hardly apply to any cafe that can be brought before you! ‘The effet of that ftatute feems to’ me to be only to'take the.obtaining money and goods for the purpofe of being ‘fent into. France, though never fent there, avdiftin@ ard pofitive treafon, inftead of being.an overtad only of treafon,\as it was before the paffing of that ftatute, joy fo monroe The other ftatute isan act made in the eKirtpotixth year of the reign of his prefent Majefty, by which it is enacted, “ that if any perfor fhall compais,; imagine or intend: the:death or de- ftruction, or any bodily harm tending to death or deftruction, maim, or wounding, imprifonment_or reftraint of the perfon of the King, or to deprive or depofe him from the ftyle, ho- nour, or kingly name of the imperial crown of this realm, or of any other-of his Majefty’s dominions or countries, or to levy war againft the King within this realm, in ‘order -by force. or conftraint to compel him:to change ‘his*meafures or counfels, gr in order to put any force or conftraint upon, or intimidate or overawe both Houfes, or either Houfe of Parlia- ment, or to move or ftir any foreigner or ftranger with force to invade this Realm,, or any other of his Majefty’s Dominions, or Countries, under the obeifance of his Majefty, and. fhall ex- prefs the. fame -by publifhing apy printing, or writing, or by dy any cc any overt, a&,: oredeed, mists fuch perfon: fhall: be —_—n 4 Traitor soi E «- Whetherythis iSeatute be: seal an i shaadi ener: mon Law, or:whether like the «former ane it ‘makes’ thofe acts fpecific Treafons which before were only overt \ats Of Treafon;* day theGrand Jury returned a trae Bill againft;: James O’Coigly, otherwife called James Quigley, otherwife called James John Fivey; Arthur O’Connor, Efy. John, Binnsy John Allen, and Jeremiah Leary, ‘for High Treafon, On the 12th of April the Court met purfuant to! adjourn? mente+Fhe Prifoners were fet to the Bar. . ru Juftice Buller informed the Prifoners an’ indi@ment had been: found againft them for High Treafon, and that''¢e2 pies of that indictment would foon be delivered to them 5: that the Court’ propofed to adjourn tothe goth inftant,' when they wouldicbei arraigned, » and ‘their ‘Trials would Siapaes 3 be brought lor the nextday: 3 Mr. O’Connor ftated that. from the ‘clofe: iconeeaass in which ( which he’ had been kept he had not had an opportunity of learns ing whether there would be any thing informal in his applyin x to have his trial put off ;+-that not yet knowing what was the charge againft him, he could not tell whether it might not be neceflary for him to fend to Ireland for. fome witneffes ; but re- quefted information from the Court. Mr. Juftice Buller faid that it would not be informal, if he could make/out’a proper cafe for it, but advifed him not to rely implicit!'y upon it. At therrequeft of the feveral prifoners, Mr. Gurney was affipned “by the Court of Counfel for John: Binns, ‘Mr. Fer- guffon of Counfel for John Allen, and Mr. ‘Scott of Counfel for Jeremiah Leary. The Attorney General moved that the Sheriff be required to deliver to Mr. White, the Solicitor for the: Treafury, who js to profecute for the Crown, a lift of the perfons returned to I 3 {érve on the Jury, which. was accordingly direéted. ‘On the 17th of April Mr. White, Solicitor for the Treafury, caufed to be delivered to each of the prifoners’a copy of the caption and indictment, a lift of the Petit Jurors returned by the Sheriff, anda lift of the witnefles to be produced by the Crown for proving the faid inditment. On the 28th of April, at the requeft of the prifoners, Mr. Plumer was affigned of Counfel, for James O’Coigly, and Arthur O’Connor, and Mr. Dallas. of Counfel. for all the Prifoners, SESSION-HOUSE, MAIDSTONE, i Manday, April 20th, 1798. The Court met purfuant to adjournment: PRESENT, The Right Honourable Lord ROMNEY. The Honourable Sir FRANCIS BULLER, Bart. And thé Honourable JOHN HEATH, Efq. ‘Two of) the Juftices of his Majefty’s Court of Common-Pleas, Sir SOULDEN LAWRENCE; Knut. One of the Juftices of his Majefty’s Court of King’s Benchs And SAMUEL SHEPHERD,» Efg; One’ of his Majefty’s Serjeants at Law. Fames O’Coigly, otherwife called Fames Quigley, otherwife called Fames ‘fobn Fivey, Arthur O’Connor, Efq, Fobu Binns, Fobu Allen, and Feremah Leary, were fet to the bar. The Counfel for the Prifoners flated that there were feveral variations in the Copies of the Indi€tment which had been deli- vered'to the Prifoners, but at the fame time mentioned that they made the objection with a view to poftpone the trial.—~ The following Affidavits being put into Court, and the Attor- ney General confenting to the trials being poftponed till. the arf of May, the Counfel for the Defendants waved their objections, and the prifoners were immediately arraigned upon the Indi@- ment, to which they feverally pleaded not guilty, Kent to wit. The King againft James O’Coigly other- wife called James Quigley otherwife called James John Fivey, Arthur O’Connor, Efq; John Hine, John Allen, and Jere- miah Leary. James Coigly, fued by the feveral names above mentioned, and the above named Arthur O’Connor, John Binns, John Allen, and Jeremiah Leary, all now prifoners in the gaol at Maidftone, in the County of Kent; John Simmons, of. Ro- chefter, | ( % } thefter; ia the County of Kent, Solicitor for the faid Arthir ©’Connor and Jeremiah Leary 3 John Auguftus’ Bonney, © of Percy-ftreet; ‘in: ‘the Parifh of ‘St.’Pancras, in the County of Middlefex, Solicitor for the faid John Binns and’ John Allen ; and ‘John Foulkes, of Hart-ftreet, in the Parifh of St. George; Blodmfbury, in the faid County of Middleféx, “Sélicitor' for thé‘{aid fames Coicly, feverally make oath and fay— And Arf the {aid Arthur O’Connor’ for ‘himfelf faith, that William Cox, gun-fmith, Chambers, bookfeller, Drennan, Doctor of PI hytic, Jeremiah Haffett, warden of thé tower of Dublin, Eleanor Haffett, wife of the ‘faid Jeremiah Haffe fett,« Matthew Smith, gent, Wm. Dowdall} gent. “Gene- ral Hutchinfon, Mercer, Efg; General RichardCradotk, and Standith O” Gready, are material witneffes for‘him this De- ponent, without whofe teftimony he cannot fafely pro¢éed ‘upon his defence at the trial of this indictment.’ And'this Deporient farther faith, that the faid William Cox, Chambers, 2. Drennan, Jeremiah Haffett, Eleanor Haflett, Wm. Dowdall, - Mercer, General Richard Cradock, ~ and Standifh ‘©’Gready, are refident in the “City of Dublin, ‘in the King- dom of Treland 5 and that the faid Matthew Smithis refidéht at “Belfaft, in the faid Kinedom of ‘Ireland; and that the faid ‘Ge- “nefal Hutchinfon is refident at the head cine Wide of the tie 3 in “the*faid Kingdom of Ireland: 4 And‘the faid James Coigly for himfelf faith; that ‘Bernard Coile’ and Valentine Derry are material ‘witneffes “for him ‘this Deponent, without whofe teftiniony he-cannot fafely pro- “teed upon’ his’ defence’ at the trial*of this” indi@ment. « And ‘this Deponent further faith, that the faid Bernard Coile and Valentine Derty’ are a ae in “or near ‘the’ Oey ba Dublin 5" _— And the faid Arthur O’Connor and Sas Carpe John “Binns “John Allen, and Jéremiah-Learys ° further’ feverally fay, that being kept in clofe confinement, without accefs ‘to perfons or papers, they were not acquainted with the nattire Of “the charges againft them, and did not know what ‘witneflés “they” fhould ‘refpectively have” occafion’ to produce’ on” their Behalf until the delivery of the copy of the” indi@tmerit, “and of a ( 4} the lift.of witneffes on, the part.of: the profecution,. and, that the fame. were delivered to; thefe Deponents refpectively at. of about nine of the clock in the evening of the 17th day. of Ane inftant, and not befores And>thefe Deponents.Arthur O’Connor: and ree Coigly further feverally fay, that.immediately after the delivery of the copies of the faid indi€tment and. lift.of witneffes they;refpec- tively confulted their faid Solicitors relative tothe fending a proper perfon to Ireland forthe purpofe; of procuring the atten- dance of the. faid .witnefles on their refpective behalfs non the trial of this indiétment. And this Deponent John Simmons for himielf. f faith, that he fent a copy of the faid indictment and lift of witneffes todon~ don in the morning of the 18th. day of Aprib-inftant, for the confideration and advice of ‘Thomas Plumer;and Robert Dallas, Efqrs. the Counfel intended to be affigned, for the, faid Arthur ‘O’Connor and James Coigly ; and that the faid John Foulkes, another of the above named Deponents;: arrived at Maidftone en theonight of the faid 18th inftant, and informed this De- ‘ponent that the faid Counfel, fo as aforefaid intended to be, af- figned for the faidArthur O’Connor and James Coigly, were.of opinion that the attendance of the faid witnefles on, behalf.of the faid Arthur O’Connor and James -Coigly refpectively, was . matetial and neceflary ; and this Deponent, further faith that in confequence thereof he this Deponent,did on the morning of the 1gth day of April inftant, obtain from the, faid. Arthur O’Connor the addrefles of the faid feveral witneffes on his be- half, with inftructions to fend immediately to Ireland for the -purpofe-of procuring their attendance on his behalf at the faid trial, and that he delivered the faid addrefs and inftruGtions to the faid John Foulkes to be forwarded by a proper perfon., to Ireland. , And this. Deponent John Foulkes for himfelf faith that -he did on the morning of the faid 19th day of April inftant, - obtain from the faid James Coigly the addreffes of the faid wit- nefles to be produced on his behalf, with inftruétions to fend the fame by, the perfon-intended to be employed. by or, on the . behalf of thefaid Arthur O’Connor, to Ireland, to procure their attendance { 16 ) ittendance on his behalf on the faid trials and that ‘he this Deponent did on the fame day receive from the {aid Joba ite mons the addrefles of the faid witneffes of the faid Arthur 4Q’Connor, with the faid inftructions of the faid Arthur Q’Con- nor relating thereto: | ) And this. Deponent further faith that he immediately deli- vered ithe faid feveral addreffes and inftructions fo received by him fromthe faid James Coigly and John Simmons refpec- tively, to John Auguftus Bonney another of the faid Deponents; to bé taken immediately by him to London and to be forwarded from thence without delay by a proper perfon to Ireland, for the purpofes aforefaid. And the faid John Auguftus Bonney for himfelf faith that he did fet out by the firft coach that went from Maidftone after he received the faid addrefles and infiruétions, and arrived in London about nine of the clock in the evening of the faid roth inftant; and that this Deponent on the morning of the 20th infant made enquiries for a proper perfon to be-fent to Ireland to procure the attendance of the faid witneffes, but that he was not able to procure fuch perfon, whereupon a {pecial meflenger was fent.to Maidftone aforefaid to defire the faid John Foulkes to come to town immediately for the purpofe. of his going to Ireland to procure the attendance of the faid witnefles. _And this Deponent Jolin Foulkes for himfelf further. faith that at or about feven o’clock in the evening of the faid 20th day of April inftant; he this Deponent received a letter by:a fpecial ‘meffenger defiring this Deponent to fet out for London the moment he received the fame, as it was neceflary he fhould ‘go to Ireland, and it could not: be difpenfed. with, and alfo.in- fortning this Deponent that the faid meffenger had heen direéted tocordershorfes for hint this Deponent on. the road, which the faid meflenger ‘formed this Deponent he had done accord- ingly; and this Deponent further faith that being too ill to undertake the journey he fent back a letter to that effect im- mediately by the fame meflenger to inform the Counfel of the {aid Defendants thereof, and that he-this Deponent would ne- verthelefs be in’ London thereupon early the next morning, which faid laft mentioned letter this Deponent gave the faid meflenger Ss Se ies Se Denys st eee ee (cee ») meflenget ftrift orders to deliver that night without fail, with inftru€tions to order horfes to be ready for this Deponent on the road early the next morning. And Deponent further faith that he did ‘accordingly ‘fet, out from Maidftone in a chaife the next morhing, at or before’ fix o’clock, and on his arrival in London made enquiries for feveral perfons whom he thought fit and proper to be fent to Irelatd for the purpofes aforefaid, but that no fuch perfon was found tili the afternoon of that day, when Jofhua Lucock Wilkinfon, of Gray’s Inn, in the County of Middlefex; Attorney at Law, agreed to go for the {aid purpofess; and this Deponent faith, that about fix o’clock in the evening of that day, he this De- ponent delivered the faid addreffes of the faid feveral witneffes, together with the faid inftruCtions fo received by this Deponent from the faid James Coigly and John Simmons as aforefaid, to the faid Jofhua Lucock Wilkinfon, who fet out that evening by the mail coach for Ireland, with the faid addreffes and in- ftructions as Deponent is informed and verily believes; and alfo with inftructions to return with all poffible expedition, and that the faid Jofhua Lucock Wilkinfon is not yet-returned from the faid journey; and the faid Arthur O’Connor and James Coigly further feverally fay they refpectively believe that the faid feveral perfons will attend as witneffes on their refpective behalfs upon the faid trial, if this Honorable Court will allow a fufficient time for their arrival from Ireland.’ And laftly, the faid John Binns, John Allen, and Jéerémiah Leary, for themfelves feverally fay, they are advifed by theit Counfel and verily believe that ‘the faid’ witneffes’ from Ire- land, intended to be produced by or on behalf of the faid Arthur O’Connor and James Coigly, are material witneffes for each of thefe Deponents, without whofe teftimony they could not fafely proceed upon their refpeftive defences at the trial of this indictment. All. the eight Deponents were il ib 5 ‘ + O Connor. {worn in Court, at Maidftone, Yobn-Binns. in the County of Kent, the Ata Allen. a ; . Leary. 30th April, 1798, before ¥. Simmons. F: BULLER. JF. Aug. Bonney. Fohn Foulkes. C Kens ( 388 J) ‘Kenttowit.—The King -againft JamesO?Coigly, “other~ -wifé called James Quigley, otherwife called\James JohmFivey, Arthur eo ie Efq; se Binns,: _— pnt and oJere~ ‘tnlats Leary famies Gviety, {ued tne ee — al names “ee dete ed, and! the “above ‘named Arthur O’Connor;: John’ Binns, John Allen, ard Jeremiah Learyy all: now prifoners in the gaol at Maidftone)! in the County of Kent, feverally makeioath=+ “© “Phav the application made to this Honorable‘ Court, for: put- tine off the trials of thefe Deponents refpe@tively, is! not made for the! purpofe ‘of delay, but-merelyon account .of| the mate- riality oftther evidence of ‘the :feveral «witnefles; mentioned \in the vother afidavit:made by thefe Deponents, insthissprofecu- tiony ‘who are expected from Ireland'on behalf of :thefe:Depo- ents ‘refpeCtively, ‘and without whofe -teftimony they cannot fafely proceed — their refpeGtive defences*to this indict. ment.) to TAIE the “five! Deponents were Fames Ligh se (fwétncin Court at Maidftone; ff © 4-0’ Gonnore - Fobn, Binns... Fobn Allen. Jeremiah Leary, — ino the County of Kent; «the ee eae 1798, before F, BULLER: »pcartion.f{ [Kent, to wit.] Be It Remembered, That a: a Special Seffion. of Oyer and Terminer and Gaol Delivery holden at Maidftone in and for the County of Kent on wee, day the tenth Day of April in the thirty-eighth Year of the Reign of our Sovereign. Lord George the Third King of ‘Great Britain and fo.forth Before the Honourable Sir Francis Bul ler Baronet one of the Juttices of our faid Lord the King of his Court.of Common Pleas the Honourable, fohn Heath Efquire one other.of the Juftices of our {aid Lord the King of his Court of Common Pleas. and others their fellows Jut- tices and Commiffioners of our faid Lord the King affigned by Letters Patent of our faid Lord the King under the Cet Seal of Great Britain to, the faid Sir Francis Bul ler Johar Heath L oD Eeath and others: theit fellows -Juftices land Commifisnérs of our faid Lord’ the! King .and :to-any two: or. méré!of them made and direGted: of whom “one’of them the faid Sir Frangis Buller and John Heath or of othets in the faid betters Pa- tent namedsour faiddsord the King willed:to bé on€to:engpire by \the Odthrof (Goodiand Lawfill Men of the Countyiafore- faid of -all High “TPreafons: and: Mifprifions ‘of High Treafon other: thamdfuch vas relate, to the Coin of) our faids Lerd-the King within the Count}!aforefaid 4s well within Liberties as without by whonifoever andin what manner foever done com- mittedoor perpetrated whet»: how: and after what manneh anid of ‘alh others Articles and: Cireumftances concerning the: Pre- mifes:and évery of ‘them or any of thém in any mannetwhat- foever-and the faid Treafons’ anid Mifprifions of ‘Treafonae= cording to the Laws and) Cuftoms of England fot -this‘time to hear andedetermine And alfo Juftices and Commiffionets of our faid Lord the King affigned and conftituted by Letters Patent of our faid Lord the King under the: Great Seal of Great Britaity to the faid Sir: Francis Buller JohnoHeath and others their fellows Juftices and Commifsioners of;our faid Lord the King and to any two or more of theni made and directed of whom one of them the faid Sir Francis Buller and John Heath or of others in the faid laft mentioned Letters Patent named our faid Lord the Ring willed to be one to deliver the Gaol of our faid Lord the King of the County aforefaid’ of thé Prifonets therein being and detained on the nineteenth Day of March in the thirty-cighth “Y rear aforefaid or who fhould be therein detained before ‘this prefeht ‘tenth Day of foul in the fame Year for of on account of any High ‘Treafons or Mifprifions of High Treafon other than fuch 4s Saks to the Coin of our faid Lord ‘the Ring’ by ‘whomfoever and in what manner foever done committed of pet- petrated and when That fame Sefsion of Oyer and Terminer and ‘Gaol Delivery is adjourned by the fame Juftices and Commit fioners of our faid Lord the King above named and others their” fellows aforéfaid to be holden at Maidftone aforefaid ini and for the” County aforefaid on Wednefday the eleventh Day of this prefent ‘Month of April inthe thirty-cighth Year aforefaid Upon which C 2 faid ( 20 j faid Wednefday the eleventh day. of this prefent Month of April in the thirty-eighth | year aforefaid the fame, Sefsien of .Oyer and, “Terminer ‘and Gaol Delivery is holden by the adjourn- ment aforelaid at. Maidftone aforefaid .in. and for the County aforefaid. before. ‘the faid Juftices_ and Commifsioners. of our faid Lord the King above named and others their fellows afore- faid and thereupon at the fame Sefsion.of Oyer and ‘Terminers and Gaol Delivery holden by the adjournment aforefaid at Maitiftone aforefaid inand for the County aforefaid on the {aid Wednelday the eleventh day of April in the thirty y-eighth year aforefaid before. the faid Juftices and Commifsioners of our faid ‘Lord the King aboye named and others their fellows aforefaid By the Oath of Sir Edward Knatchbull Baronet Sir, John. Gregory Shaw, Baronet Sir John Dixon, Dyke Baronet. Sir William Geary Baronet Charles “Tlownfend Efquire Henry .Oxendon Efquire William Hammond Efquire. George Polhill Efquire Nicholas Roundell Toke Efquire Lewis Cage the younger Efquire Edward Auftin Efquire George Grote Efquire George Children. Efquire Francis Motley Auftin Efquire Edward Hufley Efquire John Larken Efquire Thomas Brett Efquire Edward Peach Efquire Henry Wood- gate Efquire William Francis Woodgate Efquire James Chapman Efquire George Smith Efquire and George T'albot Hatley Foote Efquire Good and Lawful Men of the County aforefaid now here fworn and charged to enquire for our faid Lord thé King for the body of the faid County touching and con. cerning the Premifes in the aforefaid feveral Letters Patent men- tioned Iti Is prefented i in. manner and form as followeth that is to. fay ; INDICTMENT. + tien to wit.]| The Jurors for, our. Lord the King upon their oath prefent that long before and at the feveral. times hereinafter mentioned the perfons, exercifing the powers of government in France and the men, of , ‘France under the government of the faid perfons were. open. ‘and public enemies of our faid Lord the King and profecuted and carried on. open “and public war ‘againft our faid Lord the. ‘King to wit at Margate in the County of Kent_ and. that. James 0” Coigley as of Margate in the county eee 6 Re ( 21 ) county of Kent. labourer otherwife “called” James ‘Quigley late of the fame place labourer otherwife called James. John Fivey -late of the fame place labourer Arthur 0’ Conner late of the fame place Efq John Binns late of the fame place Te bourer John Allen late of the fame place labourer. and ‘Jeremiah Leary late of the fame place labourer being fubjects of our, faid Lord the King and well ‘knowing the premifes but not having the fear of God in their hearts nor weighing the duty Ot their allegiance and being moved and feduced by the inftigation. of the devil as falfe traitors againft our faid Lord the King and wholly withdrawing the love obedience fideli ity and alle- giance which every. true and faithful fubject of our, faid Lord the King fhould and of right ought to bear towards our faid Lord the King on the twenty-feventh day of February i in the” thirty-eighth year of the reign of our faid Sovereign ‘Lord George the Third by the grace of God King of Great-Britain France and Ireland Defender of the Faith &c. and on divers ether days and times as well before a8 after with force ahd, arms at. Margate in the county of Kent malicioufly and traiter=, oufly did amongft themfelves and together with divers other. falfe traitors whofe names are to the faid Jurors unknown con- {pire compafs imagine and intend to bring and put our fad. Lord the King to death And to fulfil perfect and bring to effedl their molt an ‘and wicked treafon and treafonable compafling ‘and ‘imagination. aforefaid they the faid James O’Coigly other wife called James. Quigley otherwife called James John Fivey Arthur OF ‘Connor y John Binns John Allen and Jeremiah Leary as fuch falfe. traitors as aforefaid with force and arms_on-the twenty- -feventh’ day of February in the thirty-eighth year of the reign aforefaid. and on divers other days and times as well before as after at Margate in the county of Kent malicioufly a and traiteroufly did aflemble meet confpire confult and agres among themfelyes: and together with divers other falfe traitors whofe hames arc to the faid Jurors unknown to ftir up raife and make rebellion Be and waragainft our faid Lord the King within this kingdom: ‘ and to incite encourage move and perfuade the faid enemies of, our faid Lord the King to make and caufe to be made an C3 ° hoftile ( 22 ) hoftile invafion of this kingdom ‘with fhips’ and armed men ta profecute anid wage war againft our faid Lord the King Within this kingdom “And further to’ fulfil perfe@ ‘and bring’ to effet their mofk evil and wicked treafon and treafonable compafiing and “ima- gination aforefaid they the faid James ©’Ooigly “ otherwife calléd “James Quigley otherwife ‘called’ James ‘John Fivey rthur “O*Connor John Binns “John” Allen’ and “Jeremiah Leary as fuch falfe traitors as aforefaid with force "and arms on the twenty-feventh day of February in the thirty-cighth year of the reign ‘a aforefaid at Margate in thé county of Kent! mali- cioully and traiteroully did procure ‘and obtain ‘and in ‘their cuftody and pofleffion conceal and keep a certain paper writing théretofore compofed and prepared to fignify' and ‘reprefent and éaufe to be fignified and reprefented to the aforefaid enemies of ¢ our faid Lord the King ‘that divers of the fubjects 6f our faid Esrd’ the King were ready to affift the’ faid enemies ‘of our faid Lord the King i in cafe the faid enemies of “our faid Lord the King fhould make or caufe to be made an hoftilé invafion ‘of this kingdom with fhips and armed men to profecute ‘and’ wage war’ apaintt our: faid Lord the King within this kingdom and gontaining incitements encouragements and perfuafions to, incite encourage perfuade and procure the faid enemies ‘of our faid Lord the King to make and caufe. to be made fuch'inva- fidn'! as aforefaid to: profecute and wage war againft ‘ourfaid Word the King within this kingdom and alfo cofitaining in- formation and intelligence of and concerning the fuppofed difpolitions « of divers of the fubje&ts of our faid Lord the King towards’ our faid’ Lord the King and his government and: of and concerning the revenue of our faid Lord the King ‘and the means fed to taife and increafe the fame and the fuppofed failure of fuck means with intent that they the faid James O*Coigly otherwife called James Quigley otherwife “called’ James: John Fi ivey “Arthur ©*Connor John Binns John Allen aad Jeremiah Peary y Might unlawfully and: traitetoufly carry and convey and cAtife té be” carried’ and conveyed ‘the’ faid® paper writing to parts beyond t the feas to. be de livered to certain perfons of ® the, faid’ éneinies ‘of our faid’ Port the Ring: fueh ‘perfons being ? called C we) called in: the -faid. paper) writing the Executive Diretory ‘of France-and might thereby.incitevencourage’ perfuade . and pro= cure the faid enemies of our faid Lord the King to make and caufe to.be made. an:hoftile invafien of this kingdom with {hips and.armed .men. to profecute, and wage war againgt our faid Lord.the King; within this kingdom ~-And further to.fulfil perfe& and bring t to effek. chair: mot evil.and, wicked .treafon.and treafonable ;compaffing and ima- ination. jaforefaid they the. faid James O’Coigly otherwife called. James., Quigley otherwife, called. James John Fivey Arthur,.O?Connor,. John. Binns. John Allen and Jeremiah Leary as fuch falfe: traitors. as aforefaid on the twenty-feventh day of February, in the thirty-eighth year of the reign aforefaid with, forceand,arms.at) Margate in the,county of Kent ma- licioufly and traiteroufly. did, treat and bargain and caufe‘and procure ja treaty, and -bargain tobe had and,made with one Thomas: Norris and one John Foreman concerning and for the hire rof..a vefleh and did then and there by fuch treaty and bargain.and by: :promife of money endeavour to obtain and hire’ aveflel.to.fail_and go from; this kingdom unto and into parts beyond. ;the feas.in. order. that, they the faid, James O’Coigly otherwife called, James. Quigley otherwife called James. John Fivey, Arthur.O’Connor John Binns John Allen and Jeremiah: Leary»might be conyeyed and carried in {uch yeflel from this kingdom unto.and into parts: beyond the {eas and might in parts* beyond the feas give advice information comfort, aid and affiftance to,the, faid enemies of our {aid Lord; the King and! incite encourage perfuade and procure the faid enemies of our {aid Lord,.the, King to make and; caufe) te be; made an hoftile invafion of this. kingdom with fhips and armed men to profecute” and wage. -waragainft our faid Lord the King within this kingdom) and, might for the. purpofe of fuch incitement . efy? couragement;perfuafion and procurement as laft aforef: aid deliver” and.,caufe.to be delivered the faid: paper wiiting to, certain. perfons of the aforefaid enemies of our faid, Lord the King fuch perfons being. called in the {aid paper writing the Executive Directory of France + Oy ee anaiias ov vnd: further to, fulfil perfe@: and bring to effe& their mol. U4 evil ( 24 ) eviland: wicked treafon and treafonable compafiing and imagin'a tion aforefaid:they ‘the: faid James “O20oigly otherwife: called James Quigleyotherwife -called° James’ John® Fivey® Arthur ©}Connor Joh Binns John Allen and Jeremiah Leary as fuch: falfectraitorsias aforefaid on the twenty-feventh day. of February in «the thirty-eighth year ofthe reign aforefaid with “force-and arins at» Margate in the-county of ‘Kent:maliciowfly and traiter- oufly:did make a-propofal to and treat with and caufe'and'procure a@propofalsand treaty to be made and had ta‘and with one Robert Campbelleconcerning and for the:hire of a certain other veffel andididithen and-there by fuch propofal and treaty endeavour’to obtain‘and shire {uch veffe] as laft aforefaid to fail and go from this kingdom untoand into parts beyond the feas ‘in order that they) the faid: James O’Coigly otherwife called James Quigley otherwifeto be delivered the {aid paper writing to certaim iperfens: of) thé: afarefaid enemies-ofsour: f2id Lord the King fuch \perfons~being called in ‘the faid and — the Executive Directory of France » And further to fulfil perfee: and bring to offed their: moft evil ‘and, wicked treafon and: treafonable: compafling and: ima- gination) aforefaid they the faidy James:O’Coigly otherwife called James Quigley otherwife: called James (John: Fivey Arthur: O’Connter John Binns Johm Alletand Jeremiah Leary as !fich) falfe traitors as:aforelaid on the -twenty-feventh day ‘of Kebriary:in the thirtyveighth year of the reign aforefaid- with fércercand armsiat' Margatem the county of Kent: malicioufly and etraiteroufly: did repair and goto» a certain’ houfe fituate: at Margate' aforefaid tinthe:faid county of Kent ‘called the King’s} Head in order ito difcover procure and» provide the: means: of going andmpaffing: and inorder ‘to go and: pals: from land out of? this -kingdomunto and into parts beyond’ the feas' with intént that) they: the: faide James’ O’Coigly otherwife: called: James Oiigley otherwife called: fames: John’ Fivey Arthur O’Connor John! Binns» John Allen» and Jeremiah Leary might> in «parts béyond>: the» feas “gives advice’ information: comfort: aid \:and affiftance:to'the faid: enémies of our faid Lord the King and incite encourage iperf{uade and procure the: faid: enemies: of our {pid ‘Lord the Kings to ‘makewand+ caufe to be :made-:an hoftile invafion of this kingdom» with’ fhips: and armed men taoprofecutes:and » wages war againf our: faid:. Lord: the Keing | within this ‘kingdom ‘in=contéempt of our-faid Lord the. Baiigoand:hissdaws to the evil example of all others in the lneé! Cafeioffending «contrary to. the duty/of the allegiance of | them? thevfaid: coil OiCoighy otherwife called: James: Quig=- brs ley ( 3) ley lotherwife called James! Fokn: Biveys Arthur: O'Cannog job! Binns:cJohn Alten landoJeremiah* Deaty's azainfd! the forth df theoStatute insduch scafe::made sand: provided“and again thes ce of ours thine a the ase i crown and dremity D2 ted ne bar: etAnd: bis er aforefiid upen: tists Sint sored dow further. prefent that the faid) James O*Coigly otherwifercalled’ Famies’ Quigley ‘other wifercalled: James John Fivey: forthur: O'Connor John Binns John Allen and :Jeremiah Leaby- being fubjestsiof out! id Lord theeKiingas aforefaid as fale traitors acginkt-our faid nord the Kijng during’the faidswarstotwit wr the twenty feventh day of February in the thirty-eighth pyeari6f the reign’ afarefaidsand on-divers:other:days and times as well: before\as after’ with forcecand arms: at Margate inthe county of Kent unlawfully andctraiteroufly' were adhering to:and ‘aiding’ and comforting» the aforefaid enemies of our: {aid Lord:the King andoin pyurfwance> performance and execution ‘of their treafon and treafonable adhering aforefaid they the{aid James: O’Coigly other wife ‘called: James Quigley otherwife called: James: John Fivey Arthur'O’Connor John Binns John Allen:and Jeremiah’ Learyoas fuchofalfe traitors:as aforefaid with forceiand arms on the twenty=feventh day: of February in the thirty-eighth year of the:reigmaforefaid and on divers otherdays and'times ‘as well before: as‘after: at Margate in the county of : Kent malicioufly, and traiteroufly-did: aflemble meet confpire ‘confult and agree among ft:themfelves and together with divers other falfe traitors whofe names/are’ to the faid Jurors unknown) to: {tir up! raife and: make’ rebellion: and! war againft our faid Lord the! Kine within this kingdom and to incite: encourage:move' and perfiade the faid enemies of our faid Lord the King to make andieaufe to be made an hoftile invafion of this: kingdom: with fhipsand armed men to profecute andi wage war againtt our faid Lord the King-within this kingdom | jAndin_ further purfuance. performance:sand execution of: eves gabe tor and treafonable adhering :aforefaid they the faidy James O’Coighy>atherwile called Fartion Quigley yotherwife: called James: John Fivey Arthur O’Connor John Binns: ‘John Allen and: Jeremiah Leary as'fuch falfe traitors as afordfaid:with force yok and ( 28 ) and-arms on the'twenty-feventh day of February inthe thirty. eighth-year of the teign aforefaid at Marpate*in the county of Kent malicioufly and traiteroufly did procure and “obtain and in their ‘cuftody and ‘poffeffion Conceal and keep’ a certain paper writing theretofore compofed and prepared to fignify and repre- fent/and caufe tobe fignified and reprefented to the aforefaid enemies'of our faid- Lord the King that divers of the flibje&ts of our {aid Lord the King were ready to affift- the faid enemies of ourfaidLordthe King in cafe the faid enemies of our {aid Lord the'Kine fhould- make ‘or caufe to be made an hoftile invafion of this. kingdom with fhips and armed men to profecute and wage war againft our faid- Lord the King within this kingdom aiid containing incitements encouragements and perfuafions ‘to imcite encourage perfuade and procure the faid enemies of our faid Lord the King to make and caufe to be made fuch invafion as'aforefaid to profecute and wage war againft our faid Lord the Kine ‘within -this kingdom and alfo containing information and intelligence of and concerning the fuppofed difpofitions of divers’ of the {ubjeéts of our faid Lord the King towards our faid Lord the King and his Government and of and concerning thé teve- nueof-our faid Lord the King “and the means ufed to ‘raife and ircreafe the fame and the fuppofed failure of fuch meatis with’ inteiit “that they the faid James O’Coigly otherwife called” Jaines Quigley otherwife called James John Fivey ‘Arthur’ O*€onnor Fohn Binns John Allen and Jeremiah Leary might unlawfully “and traiteroufly carry and convey and caufe to be” carriédand conveyed the faid laft mentioned paper writing to paits beyond the feas to be delivered to certain perfons of the faid enemies of our faid Lord the King fuch perfons being called — in‘the faid aft ‘mentioned paper writing the Executive Direc- toryof France and might thereby incite encourage perfuade and procure the {aid enemies of our faid Lord the King to make and‘¢aufé'to'be made an hottile invafion of this kingdom with fhips‘and armed men to profecute and wage war againit our ir faid ; Lordthe King within this kingdom And in’ further purfuance performance and execution of their treafon ‘and treafonable adhering aforefaid they the faid James OReigly otherwife called James Quigley ‘otherwife called James oe ( 2 ) Fames.John.Fivey..Arthur O2Connor; Joba, Binns JohwAlica and Jeremiah Leary,..as. fuch falfe, traitors..as, aforefaid. on, the. twenty-feventh day. on February, inthe thirty-eighth year, of the reign aforefaid with force)andarms at Margate. in:the county, of; Kent. malicioufly, and.traiteroufly) did treat. and)-bargain. and caufe and procuresa treaty.and, bargain to be, had, and made «wath one. Thomas, Norris..and.one.John; Foreman concerning and: for the hire ofsa.veflelpand did then. and there (by, fuchstreaty, and bargain and by promife of, money ,endeayour,to, obtain and hire,a veflel sto. fail and.go.from,,this.kingdom,unte and sinte parts.. beyond the feas; in order that, they. the,faid James: O’Coigly .otherwife, called ..James Quigley, otherwife.,called James John, Fivey. Arthur.O?Connor, John, Binns, john Allen and. Jeremiah Leary .might.be conveyed and carried.in fuck veflel_ from this,kingdom unto and into,parts, beyond the feas and. might, in parts beyond.the feas give advice informatien. comfort aid and affiftance to the faid enemies, .of our faid, Lord the King and incite encourage, perfuade. and) procure, the faid, enemies of .our faid-Lord. the King to, make, and. caufe, to. be made_an hoftile invafion of this kingdom, with, fhips, and, armed - men to, profecute and wage. war againft our faid Lord the King within this. kingdom and, might. for the purpofe. of. fuch, incites. ment encouragement perfuafion and precurement.as lafk afore. faid deliver and cAaufe to be delivered. the, faid, laf mentioned paper writing: to certain perfons of the aforefaid enemies of our faid Lord the K cing fuch. perfons. being called.in:the faid latt. mentioned paper writing. the Executive Dire@ tory of Brance : x, And in further purfuance performance and execution.of, their... treafon and treafenable adhering aforefaid they, the, faid Jamesy O’Coigly otherwife called. James Quigley, ..otherwife called, James, John Fiyey. Arthur O’Connor. Joha, Binns John Allen: and. Jeremiah Leary as fuch, falfe, traitors. as, 2forefaid, on, the,.. twenty-feventh day of February in the thirty-eighth yearvof.t the. reign aforefaid with force and arms at Margate. in. the count Fig’ of Kent malicioufly and traite roufly did make:a. propofal ta,and, \ treat with and eaufe and procure .a.propofal, and. treaty, to, be; made and had. to. and with, one Robert Campbell. concerning. ; and for the ¢.hire @ of a certain other veflel and did, then. and t there oy | ( $3 by fiich'piopofal and treaty endeavour to obtait:and, hire. fuck veffeb as! laft aforefaid tofail'and go-from this-kingdom‘unte and lintd parts: beyond the feas in order that: they-the:faid James OP Coicty lotherwife called James Ouigleyrotherwife: called James Johm:Fivey- Arthur O'Connor. John:Binns: John Allen and Jieremial Leary might be carried arid conveyed im the faid laffanentionedrveflel: from this kingdom/‘unto'andlintoparts bes yond thefeas and-might >in’ parts: beyond: the feas: sivenadvice inforniation:icomfort aid and affiiftanee sto the: faid enemies of our faid Lotd-the King and intite encourage perfuade and -pro- curé the faidienemies of our faid« Lord ‘the King tovihake: and caufe to be made an hoftile invafion ofthis kingdum with fhips and ‘armed ‘men:-torprofecute and; wage war: againttt: oun Maid Isord!the King within this kingdom‘ and might:for the purpofe of/fuch ineitement; encouragement perfuafion-and procurement as laft aforefaid deliver and:caufe to: be: delivered the faid daft mentioned paper writing to certain ‘perfons-of thenaforefaid enetnies of dur faid Lord the King fuch perfons-being: calledin the faid laft mentioned paper writing the Executive-DireGory off rance bib yfisvc qh Te: i © And in-further purfiance performance and execution of their treafon:and treafonable:adhering: aforefaid they the faid: James O’Coigly otherwife:-called James ‘Quigley otherwife called James: John Fivey’ Arthur O’Connor: John Binns Johm Allen and\feremiah Leary as fuch falfe: traitors :as:aforefaidcon the twenty-feventh day of! Februaty in the: thirtyseighth year>of the reign aforefaid with force and varms ‘at: Margate!in- the county ‘of Kent imalicicufly-and traitéroufly did maké a-propo- fal and caufe:and*procuré .a propofal to: be made :toconezJeres miah Mowle.éoncerning and: for the! hire of sacceértairbother veffel-andedid:then and there by fach propofal endeavour:to obs tain and-hire:fuchiveffel as laft aforefaid torfail and go-from this kingdom unto andbinto parts beyond the feas incorder thatithey the faid:; James»O’Coigly ‘otherwife called» James: Quipley othenwife:-called: James John -Fivey Arthur: O’Connor Fohn Binns, John Allen.and Jeremial: Leary might :be-carried-and conveyed: inthe faid Jaft’ mentioned teffel from this-kingdom wnhto and into parts beyond: the feas_ and might in parts beyond wa the c #7 the feas: give'advice>information: comfort ‘aid and:affiitinge to thefaid enemies of our*faid: Lord theoK mg -and: tacite: endow rape perfuadé and’ procure*the faid enemties:of our faid Lord ithe King .to'make and‘ canfe' to be made an hoftile:invafion of this kingdom cwitt fhips'and armed 'mhen to: profecute and wagerwar againft' our faidoLord the King within this kingdom and-mhight for the purpofesof-fuch incitement encouragement perfuafion and procurement. as laftaforefaid-deliver and:caufeto be delivier= ed the faid laft mentioned paper writing to certaim perfonsi of the aforefaid:enemies of our faid Lord the King ‘fuch ‘perfons being called inthe faid taft mentioned paper writing) the Exe cutive! Dire&ory of France PH Y Stet Andan’ farther purfuance performance and execution of ets treafon’ and treafonable adhering aforefaid they the faid'! James O’Coigly: otherwife ‘called James “Quigley -otherwife’ called James:John Fivey. Arthur O’Connor: John Binns fokn Alien and-Jeremiah Leary ‘asfuch’ falfe: traitors vas \aforefaid: oncthe twenty-feventh day of February. in the thirty-eighth year ofthe reign -aforefaid with’ force:and' arms at Margate aforefaid iin the faid county of Kent malicioufly and traiteroufly did ameet ‘and affemble themfelves: together® having the: faid> laft mentioned paper writing: fecretly and traiteroufly in their cuftody:and ipofs feffion in-orderto confult upon’ devife-contrive! difcover_and fettlé theheans of going: and paffing and. in order::to! gorant pafs from and out of this kingdom unto’ and: into ‘parts beyond the:feas with intent’ that they ‘the’ faid: James O’Coigly vothers wife called-Faies Quigley otherwife called James! J ohn TD ivey Arthur O’Connor ohn Binns John'Allen and Jeremiah Leary mightim parts beyond the feas give advice information dom fost aid and affiftance'to the faid enemies of our faidLord’the King and incite, encourage perfuade ‘and procure the’ faidvenemies of our faid-Lord'the King to:makeand caufe' tobe made!ah ‘hoftile invafion: of this kingdom with fhips and armed mento profeonte and: wage-swar againf} our faid. carried and: conveyed the faid laft mentioned paper writing, to parts beyond the feas.to be delivered to certain perfons of the faid foreigners and ftrangers fuch perfons being-called.in the faid laft mentioned paper writing the Executive Directory of France and might thereby incite encourage perfuade and pre- cure the faid foreigners and ftrangers to make and caufe to be made an hoftile invafion of this kingdom with fhips and armed. men to profecute and wage war againft our faid Lord the King within this kingdom And further to fulfil perfe&t and bring to effet their moft evil and wicked treafon and treafonable compaflings imagina- tions inventions devices and intentions laft aforefaid they the faid James O’Coigly otherwife called.James Quigley otherwife called James John Fivey Arthur O’Connor John Binns John Allen and Jeremiah Leary as fuch falfe traitors as aforefaid on the { 3 ) the twenty-feventh day~ of ‘February in» the:thirtyseighthiyear of the reign aforefaid with’ force ‘and! arms atv Margate siithe county of -Kerit malicioufly' and traiteroufl y:didictreatrand}bar- gain and caufe ahd procure’a treaty and-bargain toi bechadaind made with one Thomas Nofris'and one John’ Foreman iconcérn- ing and for the hire of a ‘veffel sand’did then:and: there by duch treaty and bargain and by promife “of money: endeavour :tovob- tain and hire’a veffel ‘to fail and»go from: this: kingdomi‘unto and into parts beyond -the feas in order thatthey the faid James O’Coigly otherwife called James. Quigley >:otherwife!icalled James John Fivey Arthur O’Connor John :Binns: John Allen and Jeremiah Leary ‘might be ‘conveyed:and:carriedsim fuch veflel from: this kingdonv‘unto and into parts: beyond thevfeas and might in parts beyond’ the: feas give advice informationaid and affiftanee to the {aid foreipners and ftrangers and incite encourage perfuade and procure the faid foreigners and’ ftrangers to make and canfe to be’ made an hoftile invafion ofthis king- dom with fhips and armed’ men’ to’profecute and wage ‘svar againft our faid Lord the King within ‘this kingdom and might for the purpofe of fuch- incitement encouragement -perfuafion ‘and procurement as laft aforefaid ‘deliver ‘and > canfe’ to be deli- vered the {aid laft mentioned paper writing to certain perfons of the aforefaid foreigners arid ftrangers fuch*perionsbeingscalled in the faid daft mentioned paper writing the Executive Dire@tory of France. é Ds 18g And further to fulfil perfe&t ‘and “bring to effec their moft evil and ‘wicked treafon’ and treafonable compaffings' simagiha- tions inventions dévices ‘and intentions laft 2aforefaid>they the faid James‘O’Coigly otherwife called James Quigley otherwife called James John Fivey Atthur O’Connor John Binns» John Allen and Jeremiah Leary ‘as fuch falfe traitors as aforefaidion the twenty-feventh day of February in the thirty-eighth. year of the reign aforefaid with force and arms at© Margate in the county of Kent malicioufly and traiteroufly did*make a propofal to and treat with and caufé and procure ‘a° propofal and treaty to be made and had to and with oné' Robert Campbell concern- ing and for the hire of a certain other veffel and did then and there by fuch propofal and treaty endéavour to obtain and hire ly 2 fuch Cj fuch veflel as laft aforefaid to fail and go from this kingdom unto and into parts beyond the feas in order that they the faid James O’Coigly otherwife called James Quigley otherwife called James John Fivey Arthur O’Connor John Binns John Allen and Jeremiah Leary might be carried and conveyed in the faid laft mentioned veffel from this kingdom unto and into parts beyond the feas and might in parts beyond the feas give advice information and affiftance to the faid foreigners and ftrangers-and incite encourage perfuade and procure the faid foreigners and ftrangers to make and caufe to be made an hoftile invafion of this kingdom with fhips and armed men to profecute and wage war againft our faid Lord the King within this king- dom and might for the purpofe of fuch incitement encourage- ment perfuafion and procurement ‘as laft aforefaid deliver and caufe tobe delivered the faid laft mentioned paper writing to certain perfons: of the aforefaid foreigners and ftrangers fuch perfons being called in the faid laft mentioned paper writing the Executive DireCtory of France And further to fulfil perfe&t and bring to effect their moft evil and wicked treafon and treafonable compaflings imagina- tions inventions devices and intentions laft aforefaid they the faid James O’Coigly otherwife called James Quigley otherwife called James John Fivey Arthur O’Connor John Binns John Allen and Jeremiah Leary as fuch falfe traitors as aforefaid on the twenty-feventh day of February in the thirty-eighth year of the reign aforefaid with force and arms at Margate in. the county of Kent malicioufly and traiteroufly did makea propofal and caufe and procure a propofal to be made to one Jeremiah Mowle concerning and for the hire ofa certain other veffel and did then and there by fuch propofal endeavour to obtain and hire fuch veffel as laft aforefaid to fail and go from this kingdom unto and into parts beyond the feas in order that they the faid James O’Coigly otherwife called James Quigley otherwife called James John Fivey Arthur O’Connor John Binns John Allen and Jeremiah Leary might be carried and conveyed in “the faid laft mentioned veffel from this kingdom unto and into parts beyond the feas and might in parts beyond the feas give advice information and affiftance to the faid foreigners and 2 ftrangers ( FF) ftrangers and-incite encourage perfuade and procure the faid foreigners and ftrangers to make and caufe to be made an hoftile invafion of this kingdom with fhips and armed men. to profe- cute and wage war againit our faid Lord the King within this kingdom and might for the purpofe of fuch incitement encou~ ragement perfuafion and procurement. as laft:aforefaid deliver and caufe to be delivered the faid laft mentioned paper writing to certain perfons of the aforefaid foreigners and ftrangers fuch pexfons being. called in the faid laft. mentioned paper writing the) Executive Directory of France And further to fulfil perfe& and_ bring to effe& their moft evil and wicked treafon and treafonable compaflings imagina- tions inventions devices and intentions laft aforefaid they the faid James O’Coigly otherwife called James Quigley otherwife called James John Fivey Arthur O’Connor John Binns John Allen and Jeremiah Leary as fuch falfe traitors as aforefaid on the twenty-feventh day of February in the thirty-eighth year of the reign aforefaid with force and:arms at Margate in the county. of Kent malicioufly and traiteroufly did meet and af. femble themfelves together having the faid laft mentioned. paper writing fecretly and traiteroufly in their, cuftody and pofleffion in,order to, confult.upon devife contrive difcover and fettle the means of going and pafling and in order; to go and: pafs from and out,of this kingdom, unto and into parts beyond the feas with intent that,they the faid, James ©’Coigly otherwife called , James. Quigley, otherwife.; called .James John. Fivey. Arthur O’Connor John Binns John.Allen.and Jeremiah Leary might in parts beyond the feas give advice information and affiftance to the faid foreigners and ftrangers and incite encourage per- fuade and procure the faid foreigners and ftrangers to make and caufe to be made an hoftile invafion of this kingdom with hips and armed men to profecute and wage war againft our faid Lord the King within this kingdom and might for the purpofe of fuch incitement encouragement perfuafion and procurement as laft aforefaid deliver and caufe to be delivered the faid laft mentioned paper writing to certain perfons of the aforefaid foreigners and ftrangers fuch perfons being called in the faid laft mentioned paper writing the Executive Directory of France D 3 A «. 3 J And further to fulfil perfe&t and bring to effe& their moft evil'and wicked: treafon and treafonable compaffings imagina~ tions inventions devices and. intentions laft aforefaid. they the faid James O’Coigly otherwife called James Quigley otherwife called James John Fivey Arthur O’Connor John Binns John Allen and Jeremiah Leary as fuch falfe traitors as’ aforefaid on the twenty-feventh day of February in the thirty-eighth year of the reign aforefaid with force and arms at Margate in the county of Kent malicioufly and traiteroufly did repair and go to a certain houfe fituate at Margate aforefaid'in the faid county of Kent called the King’s Head in order to difcover procure and provide the means of going and pafsing and in order to go and pafs from and out of this kingdom unto and into parts be- yond the feas with intent that “they the! faid James O’Coigly otherwife called James Quigley otherwife called James John Fivey Arthur O’Connor John Binns John Allen‘and' Jeremiah Leary might in parts beyond the feas give advice information and afsiftance to the faid’ foreigners and ftrangers and incite encourage perfuade and procure the faid foreigners and ftrangers to make ‘and caufe to be made an hoftile invafion of this king- dom with fhips and armed men to profecute and wage war againft our faid Lord the King within this kingdom in contempt of our {aid Lord'the King and his laws to the evil example of all others in the like cafe offending contrary to ‘the duty of the allegiance of them the faid- James O’Coigly otherwife called James Quigley otherwife called James* John: Fivey Arthur O’Connor John Binns John’ Allen and. Jeremiah Leary againit the form of the ftatute in fuch cafe lately made and provided and againft ‘the peace of our faid Lord the King his crowmand dignity. On Monday,’ May the arft; 1798, the Court met, purfuany fo adjournmenit, at feven o’clock in the morning. PRESENT, The Right Honourable Lord ROMNEY ; The Honourable Mr,.Juftice BULLER ; ~ The Honourable Mr. Juftice HEATH 5 The Honourable Mr. Juftice LAWRENCE ; and - Mr? Serjeant SHEPHERD. Counfel for the Crown. Counfel for the Prifoners, Mr; Attorney Generar, *® @figned by the Court, MroSorreitor GENERAL, Mr. Plumer, Mr: Gar Row, Mr. Datzas, Mr. ADAM, Mr. GurNeEY, Mr. FIELDING, Mr, Fercusson, Mr. AsBorT. Mr, WILLIAM SCOTT. Affiftant Counfel. Mr, Georce SMITH, : Solicitor. Solicitors. Josten Wurire, Efq. Mr. Simmons, of Rochefter, Solicitor for the affairs Mr. Joun FoutKkeEs, and of his Majefty’s T'rea- Mr. Bonney, of London. fury. Fames O’Coigly, otherwife called Fames Quigley, otherwife called Fames Fohn Fivey; Arthur O’ Connor, Efq. Fohn Binns 5 ; Fohn Allen; and Feremiah Leary, were fet to the bar. Mr. Plumer. I hope your Lordfhips will do me the juftice to believe that it is with great uneafinefs I feel myfelf under the neceflity of interrupting the proceedings of the prefent day: but I am fure your Lordfhips will feel that it was incum; bent upon me not to. delay a fingle moment in flating to you the contents of the affidavit that I have in my hand ; which contains a charge of the fouleft ature; one of the D 4 groflet ( 40 ) | erofleft contempts of the Court, and. one of. the moft daring ats tempts to|violate public-juftice, that,ever, was heard,of, &, feel, it. incumbent upon me,to prevent for a fingle moment any impreffion, being made,to the prejudice of the Gentlemen who are concerned for the, Profecution, by -ftating that,,I,do notin the leaft mean, direQly or indirectly, to,impute,in the imalleft, degree\to,any one of them, or to any, perfon, concerned in, the Profecution, the foul charge that.L.am naw, to;ftate,to your Lordfhips.--When it..was. firft, tated. to, me, it appeared to be of fo extraordinary a nature, that I certainly, did not-give entire. credit to the wicked attempt that. had been, madeto tamper, with the Jury, till I had ufed every poffible means, of afcertaining, the. fact, , Lhe charge. is. founded spon, the. affidavit ,,of. moft..re- f{petable, perfons, , of , whofe veracity and. honor . there), will not, be. the leaf, queftion. My Lord, an attempt has been made. to prejudice.the trial of thefe Prifoners, by converfations held with perfons known to be Jurymen, and. by the moft improper topics. being addrefled to the feelings and to the underftandings of thofe men, to induce them to come into Court. with a predetermined purpofe of conviction. fy.Lords,, Iwill ftate precifely what has been. the na- ture of this ..co nverfation 5 and your Lordfhips: will. -be aftonithed to hear that, the Gentleman againft.whom .I,make this change. bears..the charaCter of a clergyman; but, Lf fhall prove itounder his own hand. Fortun ately for, the Prifoners, we. are now in pofleffion of the account he gave of the attempts he had.been making to practife with thofe perfons who he knew were..fummoned to, conftitute.a part of the Jury, upon this folemn gccafion. Fle writes, thus—-‘‘ I dined with three of the <¢ Jurymen.of the, Blackburn, Hundred,.who have been fum- “¢.moned to Maidft ftone, to the tri ial of O” Connor and Com- 6 pany: and it is not a little fingwlar that not one Yeoman « of this Diftri@ fhould have been fummoned to an Affize for ‘this, County, Hor. to any Quarter. Seffions (excepting the * . Midfummer) for more’ than fifty years.—-Thefe three «c-Yeomen are wealthy Yeomen, and partizans of the *¢ High fc Court. Party,” EME this is as it ought to be 5 5 and as they , - are ~*3 ( 41 ) “ are good Farmers, and much in my intereft---to be fure, I “«* exerted all my eloquence to convince them, how abfolutely “* neceflary it'is, at the prefent moment, forthe fecurity of the “¢ realin, that the felons fhould fwing. “ them that the,acquittal of Hardy and Company laid the I reprefented to “¢ foundation of the. prefent confpiracy, the Manchefter, Lon- «* don Correfponding, &c. &c. 1 urged them by all. poffible ** means in my power to hang them through mercy: a me- ‘* mento to-.others, that had the others have fuffered, the * deep laid confpiracy which is coming to light would have “* been neceflarily crufhed in its :infancy.--Thefe, with many <5: other: arguments I prefled with a view that they-fhould: go: “into Court avowedly determined in their Verdi@---No “¢ matter what the-evidence.---An innocent man’committed to “ Gaol never offers a bribe to a turnkey to ‘let- him efcape. “ O’Connor did this to my knowledge; and although: the <¢ Judge” upon your Lordfhip I beg pardon for ftating here the foul imputations “¢ and although the Judge is’ fuf- ‘¢ ficiently ftern, and feldom acquits, when hanging is: ne- “ ceflary, the only fear I have is, that when the Jury is im- << pannelled, the ‘* Blues’? may gain the afcendancy—-in fhort, <¢ [ prefled the matter fo much upon their fenfes, that if any *¢ one of the three is chofen, I think fomething may be doné-- «< Thefe three men have gained their good. fortunes by “* farming ; and I think they are now thoroughly fenfible ‘that © they would lofe every fhilling by acquitting thefe felons.” ‘The remainder of the Letter I do not read, becaufe it does not concern this fubjeét This Letter is in the hand-writing of the Reverend Arthur Young; it was addrefled to a Gentle2 man at Bury, who has depofed tg the receipt of it, and to its , We have given notice to Mr. Arthur Young of the application intended being in the hand-writing of Mr. Arthur Young: to be made to the Court : he acknowledged that he wrote the Letter ; and being called upon to flate who the three perfons were to whom: he alludes, in order that we might be enabled to make it the fubjedt of diftin& challenge, he refufed to name them. Under thefe-circumftances, I am fure it will be the with: ef your Lordfhips, and I am confident it is of the Profecutors,. tg ( 42) to prevent thefe gentlemen being brought:to their trial wider the heavy weight of prejudices which’ may have been created inothe mind of any one of the perfons with whom \this con- verfation has been- held ‘what: ¢ourfe! your Lordfhip will pur- fue it istnot forme to ftate, itwwas’my duty to ‘put the Court in poflefion of the circumftance, and’ Tam furé I fall have the cosoperation of every Gentleman prefent, \in‘endeavouring to difcover, if pofiible, who the perfons are’ with whom this con- verfation has been held, in‘ order to:prevent: their conftituting a part,of the preferit Jury; with how many:\more the faine fort of converfation has béen held 1 know not, but: itis’ clear that this: converfation has béen held with thee at“leaft, I believe that: I ought to’ accompany’ this with! an: applicas tion: to your Lordfhips perfonally, againft thé indpyidaial who has unqueftionably been guilty of a grofs and ‘hhigh*contempt of the’ Court. | f Ms, Fuftice Heath. He is not here: Mr, Plimer. We have given: him ‘notice. Mr, Fuftice Heath. But our commiffions js’ actorntinabad ei We can proceed to punifhment. ff. StORt Mr, Fuftice Buller. Certainly-it: ought not °to’ ‘pags! unpus nifhed—will you: have him called? Mr. Phimer. ~Y es, if your Lordthip sicaiast ur Mr. “Fuftice Buller. Call him by his name. ’ {The Rev. Arthur Young was called;.butidid not appear} Mr. Plumer When the Rev. Arthur ‘Young ‘was’ ‘told: of an application 'being'to be made tothe Courtagainft him, ‘he faid he fhould confult’ Mr. Forbes, afvattorney, a relation® ~ his, as to’ what-would be beft forshim to dow Mr. “Fufiice Heath. It is avery great offence ;swhat would you ‘with us'to do‘upon it at prefent? Mr. P lamer. Tam fure it is'-your sLordfhip’s -wifh, gene- rallyyte' protect the purity of juftice, and that thefe' procéédings fhould« go! on in a‘ way'to attain’ that juftice; there are fum= moned from'the Blackburn Hundred a number of ifreeholders ta ferve’as Jurors; 1 prefume there will’ be’no objection to a-quef. tiombeing put from:an officer under’ your:Lordthip’sdire@tion, orfromyour’Lord{iip; to‘each of thent’a$ they-ate: called). ta ath know o C43.) know whetheri-any cone ofvtheny is’ a perfonowith whom-this converfation has: béen-treld. ont Mr. Fufiice Bullet: We-may ake thisoqueftion— have syow : beens in: company. withy Mri: Arthur Young—+but we rs r afk) a: jairymanany queftioa: that tends td’ criminate himfel fi: A dr. Plumer, < Vain eee aware’ ofthat, Rsftog Mr. Fuftice Buller» What part: thefe “Juryiiens took: we » sib not, they may bei pure! and guiltlefs this Largarsawreney rae to’ be-punifhed;-and-very heavily. sf mood = v Mr. Fuftice Heath: As 1 underftand’ the letter, he “ae he eae he made ancimpreffion upon them; there is nocimipux tation upon them; fora man'may liften:t6 a anether - not pay any attention 'to-what’ he: fays. ows Mr Dallas. Vcettainly do not: think it vie abort to add much to my friend Mr. Plumer’s obfervations, becaufeitefeems: fufficient for me that the Court is put in poflefiom of the faa; : Thave no doubt that every thing will be done to: cotinterad a plot of fo: bafe and*of fo" infamous ai nature, and to guard the purity’ of the adminiftration of juftice’; Drive therefore) for the purpofe merely of making one ebfervation upon what fell: from ione:of the learned‘ Judges: it is truly faidj thatvipon\the affidavit which has‘ begh ftated'to the Court) “iridoes not-appear: that thefe Jurymen affiented-to the arcuments that were ured to-‘induce them to:conviG: whatever the evidence might be ; but’ the queftion.iscwhether your: Lordihips’ wilk put’ thefe pri foners- upon’ their trials) without- that’ fast appearing’ one way or the other, after: your Lordfhips have beete: putin pofleffion. of: evidence, from: which- it does appear’ thatiattermpts of this fort' have been made. A.gréat variety of cafes’ have occurred in which-ttials:have been‘put offon account of the‘circulation of pamphlets, written with*a view to an inipending® trial = l-am-not aware that’in anyone of thofe'cafes'evidence has been laid, before: the-Court; that thofe pamphlets: did produce theefs feet: intended ';,1t was enough that they might produce the effeot} and-thereforeil take for granted; thatdf this-+had beendone with refpect: to.all the: Jury, whether- it-had- appeared» or! had»not. appeared that:it/iadproduced-any effet} the*Court would aipor that ground: generally: have-put ‘off the«tridl-altogether then the ( 44 ) the iqueftion is, whether when it does:appear with -refpect to fome of this Jury, your Lordthip will not inftitute that enquiry hefore they..are {worn,! which is neceflary for’ the!purpofe of juftice; it does not feem to me effential’ to {uch an ‘application to prove that in point.of effec the endeavour “did fucceed, “it is enough that the endeavour has been madew - Mr, Atterney General. l-am- perfe@ly:perfuaded that I do not take to myfelf a degree of credit: for feelings that are not genuine, when I proteft, in the name of the? Country, that I hear with’ great affi@ion.that.any fuch circumftance: has'taken place, as that which has been mentioned this:day in the-Court, and J have no dificulty in’ ftating, that if upon an-enquiry into the truth of this matter, conduéted upon principles: of juftice, with refpect to all. the-parties concernedim it,*I fhould find reafon finally to think, that the chatge!made by-this'affi- davit is true; I have no difficulty in ftating chere that I-think it my pbounden duty to 'thofe perfons who’ ftand at-the bar; that I think it my bounden duty to the Country, and that. I ought to be difmifled with difgrace from-my officeinftantly, if I hefitated one moment to exercife-the utmoft powers that my office confers upon me, to bring. to! juftice any-man wha dares to hold this fort of language to a,perfon whois to exe« cute the-office of a Juror in this Country. T perfectly agree that the law knows no more of the charac-+ ter of a Juror than this, that the Sheriff of; the‘County is tq bring into that box, to try indifferently between® the Country and theie prifoners, twelve men qualified according to law ta try them, without a prejudice upon their minds, and if poffible, without the leaft information with refpect to the matter which they are to try, till they hear it openly in this Court.—If, therefore, the object of this application bein the firft place, the punifhment of any man who-has. been guilty of any fuch practice; 1 have no difficulty in ftating: here, that I pledge myfelf.to .ufe my utmoft, endeavours, to. bring to juftice any man who can be juftly fo accufed.—If the. obje&.be, on the other hand, to prevent thefe three unknown’ perfons. from form- ing a| part. of this Jury, I-fay-alfo, that although Legiflature;| becaufe they had been obtained, in the words of the: Legiflature, ‘ dy © partial and unjuft constructions of law.’ The 8th volume of the State Trials, 471. If this is’not enough to damn thefe precedents;: I have fill more. This’ very Sir Francis Pemberton has held two opinions upon this fubje@ : forin Count Coningfmark’s trial for the murder of Mr. Thynn, who was a patriot, State Trials, Sth volume, 465, Sir F. Winnington challenged a Juror for the. King; and C. J. Pemberton himfelf faid; * For what caufe ?— Sir F. Winnington : * My Lord, we take it that we need snot ‘ fhew'any caufe, unlefs there be any want of number in the © pannel’—Lord Chief “Fustice: § Then we muft dovhim right, ‘and tell him what advantage the: law gives him) Fell, my ‘ Lord, you that underftand Englifh, that this gentleman. is ‘challenged for the King; and if the King fhew:any good ¢ caufe for it, he muft not be fworn; elfe he muft—and the *: way for him to caufe the King’s Counfel to fhew their caufe * (Gf he defire it) is to challenge all the rest?—Now, how does this agree with the doétrine of this fame Chief Juftice Pems berton, inthe cafe reported by Sir Thomas Raymond? » Behold, then, my Lords,- into what’ {crapes. Judges get: when they attempt to fet up a practice againft the law. ‘Fhe Aé does not fay a word about chalfenging all the ‘reft ;- and here is C. J. Pemberton, in’ Count. Coningfmark’s ‘cafe, fetting up this doctrine of challenging tows per availe, which means, as Tounderftand it, from Lord Coke’s definition (in 2 Inftitutes 296) where he fays, ¢ Tenant of the Land :is'tenant * per avatle, becaufe it is prefumed that he hath» avaz/e and ‘profit’ by the land,’) that when the Crown ‘challenges, the fubjett fhall have the availe and profit of challenging all the reft in order to: make the King’s Counfel thew their-caufe ; and:then, in this cafe of Lord Grey’s, Sir Fi Pemberton con tradicts: his ‘own former opinion... But the A@ fays, vthat’ ‘ the caufe certain foall be affigned, and thatthe truth ofthe Na ‘ fame (, 61, ) © fame challenge fhall be inquired of, according tothe cuftom © of the Court.”. Now, -what was the cuftom.of the Court when this A& was’made? Certainly to.fhew caufe at the time the challenge: was made— Therefore unlefs, the power of the, Judges is greater than the power of the Legiflature, all the Judges that ever lived have no authority to fhakethis Act.of Parliament. From this I conclude, that: precedents upon, fuch fubjects, made by fuch Judges, in fuch times, and.with \fuch.. jarring opinions, cannot poflibly have the leaft weight with the Court. —And then the doctrine ftands upon the opinion of Stamford alone; and that Stamford is not infallible, 1 quote what Lord Coke faid of him upon another fubject,,in-the debates relating tothe liberty of the fubject, State Trials. 7th. vel. ‘150; © Stamford, at firft, was my. guide; but my. guide had de- © ceived me—therefore I fwerved from it: I, have, now, better ‘ guides—Adcts of Parliament, and. other precedents—thefe * are now my guides.’ So, here; my Lords, I contend, we have a better guide than Stamford; ‘we have the 33 Edw.-I. which pofitively fays, ‘-that they who challenge for the King, fhall afign of their ‘ challenge, a caufe certain,’ without faying a fyllable about ‘the whole pannel ‘being firft -perufed.. And Lord Coke, whofe book is juftly confidered of the higheft authority. in the law,and: between whom-and Stamford there canbe no;comparifon, wrote fome time after Stamford ; and if this doctrine had been at all recognized, is it. poffible that this great luminary of the law fhould not«have mentioned it? and particularly as he felt: ftrongly the importance of this fubje@ ; for, before he begins’ to treat\of challenges, he fays, (in Coke Littleton, 156,:a3) ‘) Forafmuch: as men’s lives, fames, lands, and goods, are ‘to! ‘che tried by jurors, it-is moft neceflary that:they be.omnrex-° ‘sceptione majares ; and therefore I will handle this: mattercthe ‘omore largely.’ » Therefore, if fuch a:doctrine-as this of Stam) ford’s:had prevailed, he certainly would: have:touched upon it!;: whereas) neither here; nor in any other partoof his:book;rdokss he:fay any thing like it, but quite the contrary;:for he fays; (un Coke. Littleton, 150; b.) Note, thatatithe Common) f Law, (62°). ¢ Law, hefore the ftatute of 33 Edw. I. the King might chal. © lenge peremptorily without fhewing caufe, but only that © they were not good for the King, and without being limited *‘to any number. But this was mifchievous to the fubje '©tending to infinite del oh and danger; and therefore ’tis “enacted, Quod ‘de -cztero, licet™ per splos qui pro Domino « Rege fequuntur dicatur, adel juratores inquifitionum illarum, feu aliqui illorum, non ae boni pro Rege, non propter Hoc “remaneant inquifitiones ill capiendz ; fed fi illi qui fequun- “tur pro Rege aliquos juratorum illorum calumniati fuerint.’ (Calumniati) © afsignent certam caufam calumnie fue; again, my Lords, Galumnie—‘ ‘whereby, fays Lord Coke, the King ‘is now reftrained.” So that Lord Coke fays nothing about the pannel being firft gone through; and if [know any thine of that great man’s character as a lawyer, rather than have put his hand to fuch a do€trine as that, he would’ have thruft ic into the fire. Ithink this completely gets rid of Stamford’s authority, and then this doctrine has not a leg to ftand upon ; and it will be curious to fee what crutches the learned Attor- ney will ufe upon this occation. And‘now I come to my lait propofition ; and, to fhew how much fome great Lawyers, at the time of the glorious Re- volution, and fince, have reprobated this do€trine, I fhall firft quote a° paffage from Sir John Hawles’s remark upon Fitz- horris’s' trial, in the 4th volume of the State Trials 169, After mentioning the fhameful tricks that were praCtifed ‘in Colonel Sidney’s trial, and fome others, he fays, © Another art “-ufed was to enHVeHied for the King without caufe, where no caufe could be foewn, fuch Jurors as they did not like.?” This’ is hat Sir John Hawles tells'us, and I fhall make gréat‘ufe of it prefently. In’ Layer’s cafe, there is an irréfragable arcumént againtt the do€trine, and fhews the fatal confequencés of it in a moft glaring light.—Layer’s cafe, the 6th volume of the State Trials, 247—Mr. Attorney General: * challenge him for the “King’—Mfr. Ketelby : “Mr. Attorney is pleafed to challenge “him for the King; we humbly infift on it; ‘that Mr. Attorney ‘is to fhew his caufe immediately. ‘T‘own it has been other- ; © wife ante i . - z witha 25 SR AEe ae ae. 1p a bite 3 (\ OF +) ¢-wife in one or two late inftanées? but P fubmit dts if chat © practice fhould prevail, whether the AG of Parliament ““made on that occafion would’ not in effect be theréby ‘abro- “pated. The AG is the’ 33d Edw. I. ; and the’words ‘of i€ “are, “ If they that fue for the King will challenge any © Juror, they fhallaffign of their challenge a’ eaufe certain, ‘ and the truth of the fame fhall be inquired of, according ‘to “the cuftom of the Court!” Now, my Lord, I-beg' léavé-to ©“ obferve upon this-pannel, there are one’ hundred and odd “ perfons; if Mr. Attorney is not obligedito thew’ his’ caufe ‘of © challenge, when he challenges for the King, till all’ the ‘pannel is gone through, this A@ of Parliament will be of nt “ no validity whatfoever. If there had-been but a few returiied ia’) “ (twenty-four, or fuch a number), then there might hav “ been‘ fome colour for going through the pannel befére there “was any caufe affigned for the challenge ; but. firice’ this © modern practice has obtained to make fo numerous’ a parinel “if they are are not obliged: to fhew caufe ell va pannel “‘is‘gone through, that law is entirely a dead letter, and o¢ “no ‘fignificancy.’—-Lord’ Chief “Fustice ? © You’ know your « objection is of no validity; you cite an A@ of Parliament, “and you know the conftant practi¢e' is: againft you.’ Good»God! what an anfwer!~“Fhe Act of Parliament ‘is admitted’! but the practice is fet up againft it! How contrary’ is this to every principle of law and reafon! Remember, my. Lords, the {trong figure of Lord Hobart quoted: by Twit den in Maleverer' and’ Redthaw, in .1 Modern, 25, and again by Chief Juftice Wilmot, in Collins and Blontern, in 2 Wilfon, 351: The Statute is: like a Tyrant» where « he comes, he makes all void.’—And the fame principle is laid down, rather in a cooler manner, by Chief Juftice. Vaughan in Shepherd and Gofneld, in Vaughan’s rated: ¥69, 170, and agreed to by Chief Juftice Parker, im the, Attorney General v J. Chitty, Efg. in Parker’s Reports; 447 and fan@tioned and relied upon in the King v' Hog, in 1 Term Reports, 728, viz. © If the wfage’ Have been: to conftrue, “the words of a ‘Statute contrary to their obvious -means, ‘ing, fuch ufage is not to be regarded; it being: rather’ “s an ( 6 ) « an oppreftion of thofe concerned, than a conftruction of the “ Statute.’ My Lords, inthis cafe there are above two hundred upon the pannel. I afk, then, that the figurative expreflion of Lord Hobart, exemplified by this rule, may be applied to the prefent cafe; andl think the 33d, of Edw. I.. will no longer remain © a dead letter and of no fignificancy.’ . Now, to:fhew that the King’s Counfel have gone the whole. length of fetting defiance to the 33d of Edw. I. I will cite Mr. Cowper’s trial; and to fhew the fhamefulnefs of. the practice, and that the King’s Counfel have actually chal- lenged under pretence of caufe when in fact they had none, I will cite the trial of Mr. Horne Tooke. In Mr. Cowper’s trial, in the 5th volume of the State Trials,.195, the pannel being gone through before there was a full Jury, Mr. Cowper faid, ¢ If your Lordthip pleafe, the ‘ pannel is-now gone through, Idefire they may fhew fome ¢ legal caufe for their challenges.’—A4r. "Jones (Counfel for the « King\: I conceive we are not bound to fhew any caufe, or ‘ the caufe is fufficient if we fay they are not good. for the King; ‘ and that is allowed to be a good caufe of challenge, « for what other caufe can we fhew in this cafe? You are not ‘ to fhew your caufe, you challenge peremptorily; fo in this cafethe King does.’—Adr. Baron Hatfell: «As for this matter of challenge, Mr. Jones, I think you fhould fhew your caufe of, challenge, though the law allows the prifoner. liberty to challenge twenty peremptorily.’—-Adr. ‘fones : ‘ Idon’tknow, inall my practice of this nature, that it was ever put upon the King to thew caufe.’—-Then Mr. Cowper, trufting to the goodnefs of his caufe, did not infift upon it; otherwife Mr. Baron Hatfell, from what he faid, would certainly have called upon Mr. Jones for his caufe, But, Mr. Horne Tooke’s cafe is. much ftronger ; >for there that wonderful man, who in the midft of his other vaft attains ments, {till lives, my Lords, the firm, undaunted, and un- rivalled friend and advocate of the old Law and Liberty of England, faid.this :—‘ I do. not. mean to argue with your * Lordthip and the Counfel; but, I. find myfelf compelled to © tell your Lordfhip that I fhould, if I had not been over- ruled, - ~~ ~~ nw tal tad (f oy ) S-ruled by) the fuperiorjudgment.of my Counfely have con- © tended very. early againft the challenges of»the. Crown sFustice Buller, ~Ave’ not you aware’ you are verysirre- gular in-ftating what parties: fay ? *Invevery»cafe that. youshave quoted you'cannot help feeing. adecifion againit your ioe Mr Scott... | began by-ftating, that humbly. apprehend:it is shia thatany Court:can rule againftian Act of Parliament: dr, Fustice Buller What Tam faying isv-thisy:that-you are a extremely. irregularly’ when ftating »what'eithet hehe parties in thesceaferor the Counfel faids iy geen Mr, Scott.» My Lord, Icertainly donot mean todo anything irregular ; Edonot {tate it as:any authority to yourLerdthips:far- ther than the reafoning it:contains; liam fhewing your Lordhhip; that in this cafe of Mr. Tooke’s, the Attorney General; underthe pretence of having challenged for the King for caufe, iagtually challenged withoutany caufe at all. 1f your Lordfhip hasanyiob- jectionto my ftating Mr. Horne T ooke’s arguinenit [will forbear: Lr. “Fustice Buller... Certainly, any thing determined °F the Court you may ‘fate. Mr: Scott. Then: 1 only tate; that Mr: Horne Tooke’ s cafe was this: ‘The pannel was out, and there:were only ninemps: on the fury, and then Mr. Horne Tooke infifted upon iit, under theletter.of the At, that the Counfel muft thew: their ¢aufe:fér challenge. | There were three Gentlemen who wére'challeAgeds the King’s Counfel fhewed no 'caufe ;:and.the Tearned’Attorney General-faid, if your Lordthip willallow me to'read his words Mr... Fustice Buliers: No-3~ftate what ‘the Court faid: Mr, Scott. “The Attorney Generaladmitted he hadimo edufe! Mr. Fustice Buller... What did the Court.do? Mr. Scott. The Court took the three meh that had been thald lenged by the Attorney General. Thus, my Lord, the‘Attorney2 General, trufting to the large number of individuals upor the < pannel, challenges thefe three honeft men, under a pretenée of having caufe againft them ; and when, by.an unexpected cireum: = ftance, he is-driven'to fhew his caufe, he is compelled fairly « to confefs that he has none, and to fee thofe very men that het had.challenged, for caufe ‘*calumniatiy’ fit upon the trialee= Here, then is a pretended prattice, unfupported by -theleat * F authority, ( 6 ¥ authority, and directly inthe teethrof-a pofitive Statute. It is:ag contrary to juftice andireafonas itiis to law; becaufe thofe Gen- tlemen-ivho-arethus‘held:up to the world by the Attorney Ge- nerabasmeéermofifuctpinfamous characters that he can prove them an aoCourt of Tufticevto:be unworthy of being:trefted:upon theiroathsoimaocaufe’between the) King and a Sabjecty have nou remedy,; ‘as’ b believe, and: no ‘opportunity of vindicating their ‘reputation, ‘The words calumniati and calumnie are fixedoby the:Statute upon thofe: whom the Attorney General ehallenges sand it: would be much better that the: King fhould challenge =peremptorily, becaufe ‘then ‘only the lives. of the defendants would:be:in danger’; bet, now, not only: the-livés ‘of the ptifoners areoin danger, but the reputation ofevery axarr that issliable to be called _ a Jury isvat the wii of the Attorney General. » Why-fuch an outrageous violation of law and juftice Aioula i permitted; Iocall:upon the Attorney General to fnew fome good'reafors’and if he cannot, thenFcall upon the Court, not merely ‘fora decifion, which is’ eafily ‘made, but \forfome -reafon’ to fatisfy the minds of thofe Gentlemen: at-the-Bar whofe lives, fortunes and reputations, are now at ftake; and-to fatisfy alfa: the minds of thofe: Gentlemen’ of the ‘county ‘of ‘Kentswho goiout to their neighbours thus grofsly calumniated ; or elfe to:decide, as Judges by their oaths are bound to decide, that an Act of Parliament which fays, ‘ That ifthey that ‘fue «forthe: King will challenge any of the Jurors, ‘they: fhal} Scafignoofetheir challenge a caufe cestain,’ is the: law ofthe . land's and that itis not in their:power, ‘nor! in the power ofall -the Judges that'ever lived, to add words to°a Statute which “aretnotitobe found in that Statute; and that therefore, ‘the Attorney-General, who has now challenged ‘one’ - rai sna . eupesaia ign of bis challenge caufe certain. j ) Ars Ferguffon. 1 {hall not detain your Lexdthip o one momient, shore Tt feel ‘it neceflary that I fhould: rife im fupport of this ob- yjection:: Lcertainly was of: opinion that® this: objection ought ntorchave been takemin the outfet of thisccaufeyio T was: however toversmiled, asitvever will bey by thofe sperfons owhofe :expe- iniénce is greaterthan mine. When £ fount: thatthe Getle- nor nArttonanay IVI OE 6 oy atc ahd : “ 7 oy ws pe 2 Sta tS te SE i Seton Qabinig oe RS I Be ied 2 et crs sh sik le EN SS 3 ak URS SS eaomliaee poss { 6p )) rem Whoulead this caule,iauhere againft taking this objection, J withed:tondifiuede my friend froma) bringing»iti forwards but fitice he has broughthitoformard, ofince ‘therqueftion vhas;:been agitateds:d findhat a idutysocwhiehd scannotrefuse:to:mytown pcharacters: as awellies to.the,caufe!in:which I am engaged, 4o supponethecobjeetionsatidito ftate thatemysopiniondhirml ysis, thatthe Crown canhaveno aight:to challengd withowta:caule. fc thallsndt-gobinto: thewaw. upon this Pubjeet;zsbeeanle; iaty friend: hassdonent foilargely andufo ably: thatdycanhorpofibly add cany: thing! tesawhat: he chasdaid. hi Lofhall ianly. ebferyés to yourd.erdihipsswithorefpect otosthe practice;-thatyat-the! time walensiacconding tothe ancientyandiufual medeef proceeding imfummoning jusorsyithe:pannelowasnconfinedstonthe number Loffortyeceight.whichul belieme: inno pa ei porng phoma it was then impofsible—— prot res Aad: udlfre Justice Buller > Dosyeu mean>-there: ‘ae ever bet fo Mire Bergiffiex J] meant previoully-te:thatutime; certainly, : aks erly forty-eight only» wereifummoned};arid thenithe prito- whérs-could receive no material injury: from! thei€rawn refufing eto) afigni thei caufe till the pannel was. gone:throughy becdufe yan thapcafethere was but-one upon the paiinel: whom the Growin etould.challengeswithout thewingscaufe, ifuthe prifoneradopted -theadvieegiven-by the;Court:to’ Count} Coningfmark: té!chal- slenge the-tefh ofthe pannel, butitis sin! thé ipowér of a-bad (Judge i(l know! that fachva thingcannot occur aif théiprefent e¢ale) but itis in the powerlof>a chad: Judge» tofummonfiich ‘a ipannel;.,that it is: impofsible:the: prifoners: cam: ever fos intaxthe cigaute that-thesAttorney:General has» for challenging,bu: fub- ; Smite that.according tos the: prefent:/prattice:in fammoning fo wei, a:pannel,:dt -iscimpofsible the :prifoners.can: have jutties: Mr. Fuftice Buller. SNhetherthe reafors which-T: hail, af- “gn: for the opinion which Lhold, maybe fatisfagtory-to the -county of Kent,’ or any other defcriptiom of:men,:I am fare: is “fauch more than: I :can take:upon myfelf:to fay but fuchcasmy ireafons.arey [ undoubtedly thall not hefitate to! pronounce:them -npon this and upon all other:occafions, taking! the chance what ee be .theseffect either »of popular declamation, or: anyother prac F 2 reflection Geral: aspannel.as, forty-eight :fincerthe Revolution?) siniiee ss ( (68 |) tefleGtion that may-be thrown upon them... And I have no dif: ficulty, in faying; that Iam, moftyclearly. of opinion the law is’ as firmly andas (fully fettled on this_point,. as anyone queftion that canjarife on the law of Kngland. 1, will go, further, and fay; thatvevery.cafe which has.been quoted againft the condu& of the. Attorney,General: in: this inftance, is. a dire& proof, in fayour,oftthe power which he has exercifed,,, I» will alfo add, that the ftatute itfelf is not againft. it, j» Pirft, let.us, fee what the words of the ftatute are, thatithe $< inqueft, fhall:not remain untaken.”,. Every. decifion, has pro- ceeded upon; that ground ; every).cafe. that has ;been. decided upon -the; queftion, fhews show it fhall not. remain.untaken. ‘The pannel isto be gone through, and when it.is.gone through, in/order.that the. inqueft fhall not remain; untaken,, the Attor- mney,General is called upon to fhew his caufe; and if he:does not fhew caufe then, as Mr. Scott has faid, the Jurymen. mutt be-called, and. muft }be. fworn, notwithftanding, he has chal- Jenged them;, and therefore, in the words of the ftatute,. the inqueft does.not.remain untaken. Stamford, itis, agreed, is of this. opinion ;, but. not dey Stamford takes this as a clear point ; Lord Hale.and.Mr, Juttice Black{tone both ftate the fame, thing... It is faid, however, they have:done it upon the authority of Stamford, and therefore that that can go no higher than its fource. The cafe of Layer, that is ftated, is a dire& authority spit it. .. The objection, was. taken by Mr. Ketelby, and when Mr. Scott ftates. the. argument of Counfel,upon.us, he, does not treat the Court refpectfully. The material thing is, to look -to;what the. Chief Juftice fays. He fays,) “ "You know.your “¢ objection. is of no validity ; you cite an a@of Fahageny and ‘<.you know the conftant praCtice is againft you,” I have no.doubt. that, it was not intentional,..but Mr, “al ‘mufreprefented, the, paflage I ftated: he exclaimed.very:much upon the expreffion of Lord Chief Juftice) Pratt; in the cafe of Layer ;. he .commented.upon it)as if the words..‘‘. praétice : “againft you” had, been againft the)aé?7,,;whereas. the:meaning of ithe Chief. Juftice;was,,-that, the) practice was) againft the ob- ejection, and fo it has been in.all the cafes. Now, va eta Ferri) fete a er . Pit iE NAS SSA ty a | a clk Ant alle eae i NR ES AT = pret F, { “OR 4) ‘ Noéw;/in Cowper’s' cafe; itis Till ftronger’s ‘for ‘there the pannel was’ gone’ through.” Neither Cowper himfelf nor any bodyelfe, thought of making an objection till the pannel was gone ‘through, “and after that he'fays, “ Ifyour Lordfhippleate ¢he pantiel is now gone through ; I defirethey may thew fome “ Jegalcaufe for their challenges. 1) "Pheréeforé it is! Clea that - the! Counfel’ for the Crown were’not called UGH to pont Caiife till the pannel was: gone through: ' AS IST In’Mr? Horne*T ooke’s “cafe''the: panriel ‘was gone through before!an' objeCtion was made by any body ’; ‘and’ itoughtinever tobe fuppofed by any man whatever, that a challeneéamportsa’ refléction“upbn’ a Juror.’ What fhall we fay to? all the ‘eal? lenges that ‘have béen. made by the prifoners ? Do they» reflect’ afi’imputation or indignity upon the perfons’ challenged Pi Not at@all’> they have aright bylaw to ‘do it, and theréfore it‘cah throw“no' reflection upon‘any perfon whatever. » With refpe& to the obfervation that Mr. Ferguffon’ made>‘T think he'did“not quite confider in what manner the’ Court pro- ceeds in-criminal cafes. “Vhe Judge has: ‘nothing ‘more’té'do with fimmoning thé Jury than to awardthe rule, andthe knows 6 more of the’ fury when he comes to try the ‘¢aufé’ than “a child; the Court iflues its precept toithe Sheriff and thé Jury which comes«here’is felected'and fummoned'by the Sheriff-=* - Mr. Ferguffon.\ J meant: that; the Judge directs*the number of Jurors ‘of which the pannel thall confitthey + Jaw ahois ‘Lr. Fuflice Buller That is another thing. Now}'here are PGi things rmhore“to* be confidered, ! which are what: have ni tin in our Own time: (OLE was not faid by the: Chief janice in: Mri‘Aorhe Todke’s cafe, ‘that ‘the Attorney: General was“or could‘bé controlled by the Court in his*humberof ‘challenges: In the trial which, throughs infirmity, fwas’ the’ only one I attehdéd; which 'was Hardy’s,’ the ‘challenges. were madeby ithe! Attorhey General without the fmalleft objection on:any: part’ whatevetiie 8°09). ‘Phere are* fome other cafes: thatyhavefallen within my *nos fice!’ tn’ ‘the’ cafe ‘ofS uordrGeorge Gordon} ind tobjé Aion was taken bylany body ;' the ‘Attorney!Geneéral (¢hallenged ju xs snany as.she thought fits! ‘In De Laimbottestoafe, ~whotii’ P-alid eMO4R6 Toes 3 tried, ( 70% ) tried, “nobody thought ‘Of it? and there is ‘not Gilly “a eariftant moderi practice, but ‘a‘practice-as ancient as the itatute itfelf té: prove that ¢he ‘true conftruction’ of the fatate is'what Ehave mentioned’; ; ahd there is no cafe,. ‘no period,’ inWhich 2) diffe- rent detérmination has ‘been made. i Lene tole: ore = ' the cfeateft points’ that’ can Be. ; . ‘Mr. optic Heath: Phe ftatute’ is ‘clear ias connieted with ‘ the ctiftoin > ‘Fhe words of the fatute are} the“ tiqueft ‘fhall <<'not féthailt untaken for that caufe,” (that's; for the challenge” of the King)i* but if they that fue forthe King, will'challenge: ‘“¢any of thofe Jurors, they thall affign of thetrichallengera’caufe <¢ certain, ‘and the truth of the fame’ challenge thal! be inquired ‘* of, according ‘to the cuftom of the Court.” “What has been the’ cuftom of the Coutt? It hasbeen,’ that “it fhould be inquired itito after all the pannel is ‘gone throughs Yo" have’ all the ¢afes thathave been ‘cited, and all the authorities ‘that havebeen’ itéd; ‘have’ proved the” reverfe' of thé propofition? for which they have ‘beech’ produced. ‘With! regard to-the’circumftancé of having more Jurors now than ‘in? former times; ‘that! is for the béehefit'df-the prifoner} ito give hima fpéedier trialio* — MPS Fuftice Lawrente. “The queftion upon'this dccafion is; what i ts the’ true conftruction of the ftatute ? and! we ‘have beer referréd tothe authority of ‘Lord’Coke: “Lord Ceke; inthis eomtnent upon Magna'Charta, lays dowh that thebeftiexpo- fitions upon that and all-other ftatutes, ‘aré our hedks; ‘andiufe and expérience, Now, what kas beef! the conftra@ion of this ftatute by our books;’ and: by ufe ‘and experience) We find in one of our oldeft writers upon Crown Law, that he ttates the. eonftruction of the ftatite has’ been thatwhich is'contended for now dit behalfiof the Crown, that the pannel fhall be’ gone through before ‘the ‘Crown thall “be put*to affign caufe-for its challenges, Such ‘has! been’ the contruction of it by Lord Hale; one‘ofthe-ablef writers tipon the-Crown Law, andone of the moft worthy and) amiable of men, upon whom ‘no Ts flection can be caft, ‘whatéver' may be'tipon other ‘men. > Jt has” been faid this practice’ commented in bad times, me ‘Judges’ looked’ to the rifing-fun:» Was-Lord Holt fuch @ matr? Look at the cafe of Lord Prefton, The Counfel forthe King challenged ty de 9) er Juror,,and Lord Prefton defired: that .caufe might be dhewn, ord Holt. faid,. * Caufe is not, to be; fhewn by. die. «< King’s ouniol tilleall the pannel be gone through; and, then “ if there; be.not: twelve to, try, then, they. are bound to thew “ caufe ;.thatis the Jaw.’”?” And Lord Holt was, fo. clear that was the law, that he told Lord Prefton, he would not, have. the. time. of the, Court {pent by affigning Counfel.to argue it. Fhat was, the conduct.of Lord Holt; vee I take it that no.man,. let ; him,be ever,fo fond. of liberty, or, attached to the. law. and cons flitution.of the country,,can fet himfelf up. asa anton more attached than he was. tlt has been faid-that the nex Was, ea the Key me to, have, -but; fortyzeight . Jurors... That.is.a miftake, . dn Six, Henry, Vane’s cafe fixty.Jurors were returned. Since the. Fee volution a| hundred were: returned_in the cafe of Layer,. dn. the..cafe. of Charnock and others, tried. before Lord Holt, whos, Lfuppofe, directed, the proper number of Jurors, (and, he was, not. likely. to,diret an improper number} one hundred. and fixty. were returned ;. and. in the.cafe of Mr. Townley, an hundred and eight,... The confant uniform practice is, again this, ‘gb- jectiom,...I¢ feems, to. me, therefore, that .there is no ground whatever)for,it, and that the Attorney General ought not to beiput to,aflign .the caufe jof challenge. till the: pannel j is gone through, and: then, that. the inqueft. may. not remain untaken, he muft aflign.the.caufe of his. challenge, ie Richard, Ray, Farmer, fworn, William Rapfon, .Efg...not properly deferibed i in the pannel... James: Chapple, Diftiller,..fworn, Wiliam. Roots, Farmer,:challenged by. the prifanasee William Tyter,.Gent..not properly defcribed, in the. pannel, John Shaw, Gent. challenged by. the prifoners, ... 9. daiasid Joha Tyler, Gent..challenged by. the prifonerss +d cio fasit James Alexander, -T ibsieonsrchith ele by. the. iB ofonerss ywrtton: sit Yo Eisen, Worger,, ian not a 8 ad mgd mois Edward.Whitaker, | Farmer,,.challenged.by, the Crolwn. AST BenjaminF, Ustebiety, x armery Pate a. fesrbaldes tg..the, value, ua ain a) ee col? ed’ .noflev9 baad loskko add ts dood F et Ri chard . <2, bio Ba See! . * ~' ‘* = stash Ms be Dd sete ra eae een Pg ee MN ee rea eg a ce ne eT Ue eee ar ee “ ( 272 2) Rich4rd Greeh,. Farmer, excufed onaccount of “illnefs. Henry Streatfield;"Efq. exeufedson account of ‘llneis. ‘William Marchant, fen. Farmer,challenged'by the Crown: W illiaty Haynes; Farmer, challenged bythe Crown. Henry Woodhams, Farmer, challenged’ by the prifoners,' Richard A Nnute; Efq. challenged by the pata Michael Saxby, Farmer) fworn: Thonids Sutton, Parmeér;>challenged! by the es John Wehham’ Lewis} Efq: challenged:by the Crown! “Thomas? fohnfon, “Farmer, *challenged:by theCrown. Silas_Newmany Farmer, fworn. Taac Fomlyny Big: fworn, Joha ‘Taylor, Farmer, challenged by the Crown. Thomas Fry; Farmer, challenged by the Crown: ‘Thomas Selby, Eig. challeniéd by the Crown. ‘Thomas’ Kilowles, ‘Farmer, challenged by the Crown." - John Taylor; Ef. challenged by the’ Crown?” Barnard Blake, “Efqy not properly defcribéd'in the pannel William “sera, a challenged de the © Crown. Oe ee Mr: Shbie? My Hora: the Crown have'now’ chalfenséed ‘bove twenty ; ; your Lordfhip will recolles&t what was “tated by "om Chief Juftice Eyte, ih the’ cafe of Mr. TPéske: Mr Fiftice Baller. ‘Have you ‘any decifion of ‘the ‘Court? The mifchief, if there aS“any, mutt bes corrected | we Parlia- ment, it cannot be by us. Hie PR Riker Phat feariied Judge’ engttired into the timber that had’been challenged by the'Crowninthat inftariée Mr. Fuftice’ Buller He might fo5°but a em few me any authority’ for’ it; ‘any digtuin ? i ems Mr. Plimer.” have tio other authority*than’ this’ of Lord sap, hudics Eytdya' Judge of great experience in Crown Law. ty? Kit fice Bully? Whe had heard any argument upon the pas men perhaps he might have wiped again, jaw have — ceived that the Coiirt has’ ho power. | "Wr. Pilih’: rel certainly: ‘had sontibred it. MPS Fl hi & Bitlter?? He’ certainly did not decide it; “theres iS ho. deci ifion upon the — : Neh: we Ts Lh a Se os ee ae Ty Se Ee C30} Mr. Gurneyso Lord. Chief Juftice Kyredaid, when he*found that feven,oniiy shad, -héen: challenged. by ‘thesCtowny ‘that the indulgence. had-not been; abufed. ' Mr. Juftice Builer. Mz. Gurney, Ido not, corifider it an indulgence: Mr. Solicitor. General. Tt- is no indulgence; andiitis the grofieft mifconftruction of thé ack.to fuppofe the contrary. Mr. Fuftice Buller» He-did note dedideat! 2 40 Ye ) Mri Dallas. «Atswas-our duty;owhen we found atfated as words falling»from Lord Chief: Jufttee: Eyre, tomeritioniits it was:our dutyat leaftto bring thatsauthorityrbeforecthe Court § nowzitis wie af by the sgt: we popes recy ‘ Pola! Packham, Gent. ,not properly. delcribed j im the Tit de- liyered to, one.of the: prifoners, 4) ito : bai Rich yard Hofmer, Fanmer, challenged by, the, Crows ia oi James Atkinfon, Farmer; challenged by. the, C TOWN, oo: i Thomas Seabrook, Farmer, challenged | by, th ¢ Crown ye Thomas Henham,, Farmers, fworn,: William Fl leet Larkin, Gent, challenged by the prif fonerss Walter Barton,, Farmer, GeO Cn chitin d airieeainS Salle John, Miller, Gants Sworn,» - mtiiaad sein John Simmons, Farmer, fworn, BO. Ra ‘FU zatidichoe _ $84 ue Hafkins, ) Si i New man,.. William, Small, o52. sereotyae Haag omlyn, Wialliam:Cronk, »_, _ Thomas. Henham, , Richard, Ray, PR OME 7 Parton, James Chapple, »... John Mill lex, eee Saxdyy 2. oi un John, Simmons. , Fhe loan: of deraigns char ged her i ry Wi ‘th the Prfeners i in tbe re ufucal for MM» Se 3 )) be: Iadinient was ape iy Me Assory to bas ‘TOI wt Mage ¢ MR ‘ATT dRNEY GENERAL, Sar it ie your ue Lordinip, IN ie dlichaige of the sictyi of the office ibid shold, :f have ‘been mofb imperioufly: called upom to: lay before a Grand Jurpof thisecounty=the charge: contained: in theaindi€menty> which! you arenowdfolemnly: fworn to try ;)and:Gentlemen; I att bound to’act according tothe beft :fenfe ] cam form of ray: duty sand therefore; ‘however painful it»ds to me fovto flate: thismatterto you, [hold it: to be my: bounden duty to ftate:ta you thaeT am not ‘aware. how it sis: confiftent swith pofsis. bility thats upon the-trial of this: indictment, youccan-receive: fuchean anfwer fronythe prifoners, to the:proof,! which T have: to lay before you, as ¢an juftify you in the difchargesof that duty, whichvyow have:this'day taken upon’ yourfelyesy namely, toomake deliverdnce:according to the truth between the country and theprifonersiatithe-bar,’im pronouncing: that they are ‘not guiltysoil fay, it isnot within the reach of mycompfrchenfion what faétsctan spofsibly-exift, that will form an anfwer'to-the! evidence whichi:l have to:lay: before you, if you pela think that! evidente>worthy ofieredit.s - ooaGentlemen,® the:charge! made by) this « indi met is} im the- languave! ofthe daw;: Firft, va charge of compafsing ithe King’s déathe: Sedondly,: a':chargeof adhering sto his Majefty’s ene filesa 9:/ sheng en sorstded ve , (Ltcis not-my intention; Giehtiarinje to voarhhle you saat any asthe obfervationiupon the law, which willhbesto be applied: to thefactssof this: cafeon: Ifthe notion of theslaws which!] 4m about tooftate;orthe mferences which -b-fhall draw fromthe. factsy) happer tor be incorrect fam fured feel it to-be'my duty, equally on'the part of the:prifohers as ‘onthe pant ‘of the publics and indeed it never can be the intereft) ofi-the: public. that juftice: fhould not be fairly difpenfed between the country and the:prifoners++P feelit to be equally my duty’bothito fupplicate thofe who will deliver the law to you with authority,’ to: cars rect:me fully with refpe@ toany miftake that) may makes in point>of daw, orsanyi wrong: inference which)«in theit:judg- ment) may:deducefrom!-the' fads, fubmitting the inferences from faéts ultimately sta yours judgement. o As oto: the law, -T thallfay-onlyy: that Titake it tobe clear that, provided the fats laid in) this: imdiéinient: de proved: to» your: fatisfactiony | they. do,unqueftionably in law bring the cafes-of the prifoners within the! true meaning ofthe as-of CA NnNaN th bes which the,in- scasonipa di is framed;> thn Ghatenieek € 76 J sGéntlemeh; with refpect to*the Bas, EMA Wi to execute the duty, which is*impofedupén-me inthis? mometitous® buff. nefs) by endtavouring, ~withtas’ little’ of abfervation as’ I'can, bat withi2¢iniuch:as anay be ineceflary tot connea the‘circums Ranbes! of ‘thisiveate," fd ifarlas’ to make the ‘cafe intelligible to you, todétarl elearly thofe fats, which, Papprehends will be proved--wilP Ge Sproved: bysevidence ofa ‘nattire) the greatett part oh which admits’ of tidlcontradi@ions niAtitenib “hive: ftated: thofe: circumftaneés ‘to you; F thal then také:leave:to/calb Yourvattention’' to sthécondu@ ‘of the Pefpecti ve periofis/ atthe charrfor: feveral. days*previous to thofe’ days, “Vuelday the 27th and’ Wednefday the 28th of Pebtuary. You will uhnd;!dfchany corre€tly inftructed, ‘that/‘upon’ the ak terzicon of! Pueiday thé-27th of February; three of the perfons now. at'ithe 'har;!namely;:thesperfon' indi@ediby the name of Quighey; anO’Coigly, andther‘prifoner ofthe nameof’' Allen, and ‘another of *thesjame of niueary; came ifrom Whitftable; in this*ceunty} oto: ay placeocalled? Margate; to: an* inn ‘calléd'the Koiivg’si(ddead > there oir: O?Coigly »cames: as “1 thall have éccdfionte/prove to-yony inithe name iandcharaCter of a'Cap- tain Jonéso) Mon will be fo'good as:tokeep dn’ memory that ac tht ougheut what I shaves to. fate to! you Allen, -wHo cantel wath saint, tcdmesini the: character “of “his fervant;: which helis} nots: arid aLedry, owho-eame' with them, and who isthe fervantiohit: O7Gonnor, came'as-the fervant of Mx-O’ Connor, dnd, as Lithink Ifhallbeiableito fatisfy yous to-mect his matter Mar: OfCbninor: at the) King’s ‘Head; Margate.) Thal tateto you: prefefitly; but it feemsito me to be conveilient fF the puts pofcrof your inderftanding thisreafe, ‘thati Ti thoMld ret devit at thisomements cintewhatumdnnerthele thrée apna: travelled upon that “I Tuefday from W hitftable to Margate; ditishaves They sy 3 Ley ee he ut n . — ae MS Sirs Sa ae eAD WM, 255 UY aie di hire eaten A Wie en ae i eS ee ea > ( “ay 4) They had not; beef at the King’s: Head.at.Margate-any-con- fiderable time, , whether a quarter of an-hour; or more or.lefs, is not very material; when,there arrived at. the fame inn Mr, O’Connor, who, you,will find, throughout this: bufinefs, ,ai- fumed the name of ‘Colonel Morris, and the-other:prifoner, .ot the name,of Binns, who, you will find:throughout this bufinels, took. the name of Williams, and was correfponded with by.that name by. Mr, O’Gonnor, as I fhall prove.to-you:by his letters, which will be produced-prefently.| -They.came upon, the- fame afternoom from, Deal,: in this county, to-,the- King’s, Head at Margate.,..In, the.courfe of that evening,.and during the next morning, (J) fhall flate .to you. hereafter fomewhat moreain dg- tail the circumftances which are the. foundation. of .tcherepre- fentation which -1 am now making to you),.they: condutted themfelves, in, that shoufe .as, Jgnow mention.; ‘namely, Mz, ©’Connor.. affumed . the: name-of.2Colonel. Morris,: sand, Mr. O’Coigly affumed.the name of Captain Jones;, Allen jacted.as s the fervant.of: Mr,,O’Connor; -and.)Mr.. Binns: profefled to. be..2 vi ¥ therfervant, of Captain..Jones 5: Leary a&ted. (as -he,was) vas ? gentleman,,,under the» name of Walliams;) in. thescompanyyot Colonel: Morris..and Captain.Jones. )- They, {pent theimeyen- ing and part of the next morning under) fuch.circumfancesy as L havenow. reprefented to, you. | In the.courfe of >the: next morning, whilf:they .were,. medi- tating, as I fhall. be. able: to prove to. you; the,.removalyof all their baggage from.,Margate to: Deal; inthis. county, fora purpofe,.as.to.the nature ofwhich, I ithink you. will have,no doubt prefently, they were arrefted by two Oficers,, .ho will be.called:to you,,.the one of the name of Reyett,,. and the other of the name of Fugion..,. Mr, .O’Coigly was. fitting inja,room, where breakfaft was preparing for him, and.there hung, upon,a chair-in that)room a great: coat,.in the, pocket of) which, yor will_prefently.be fatisfied this black pocket-book,,,.whichd now have.in/ myrhand,: was.icontained;'.Mr.| O?Coigly, having flgpt in. a-room*on.onéfide of that.in which he wasyfitting, and Min. O’Connor having flépt.in:ayroomron;the othen fide, of thatyip which he was fitting,))"Mr.,O’Coigly was, arnefted, under the circumftances which» 1; aminow) ‘mentioning ytotiyeusy); «Me. 4\3 ~ ©’ Connor ae ae ( 98 9 ‘©’Connor coming from his roomotothe fame breakfait-room was arrefted alfo.c\ Mr.yBinns, Allens.and> Leary. were like- wife arrefted:in different parts»of the honfe. <: ossbdhould: haveftatedito' you, that onthe precedingyevening, whencO*Ooiglyp:Allen; :and:Leary came to.:this; houfescalled the King’s Head; they brought with them im a icart) which was driveny by aperfow of. thes name,-of:Thomfett) who: willbe called as ‘aowitnefs,:ai very: darge: quantity) of baggage, sdeal boxes; 2 portmanteaus,>‘mahogany> boxes; leather 2cafes;. and ether matters ofthatifort,’ whichcyourwillchave an opportunity offeeingjandowhich therefore d needinetimoresparticularlyide- fdribeto your When Mr.©’Connor, under the nameofCo- Jone) Morris;:and Mr. Binnsy wnder,the name (of Williams, came: from: Deabito>Margate;.they brought’ no! baggage | with them; and you wilkipermit me: to) beg: your attention eto this faG@,becanfe nt will be material, [cthink, for your confideration prefently. The whole of the baggage was understhe care: of Adlemand:Leary,as thedervantssof ‘Colonel Morris, that) is, Mru.@’Connor,:and:of Captain Jones; that is, MroQ’Goigly, except! thati fome ofcthefeboxesy: which! were «more valuable tp their contents, appear I think)to have been taken into:the bed-room in?which Morris and-J ones flept. »Gentlemen; having: ftated to -you ‘this circumftances that thefe:perfons' came:to:the-fame houfe: on:the preceding evening, and mow adding) Whilft itoccurs to me, that upon’ Mr.'O’Gon- mort’sscoming as:Colonel Morris with Mr. Binns‘te the King’s Head at Margate, he or Binns, oneor the other: oftthem, afked if there:wasa Captain Jones there ;.and that O’Coigly wassin- tfoduced as:Captain Jones, and: that they all {pent the ‘evening and) partofthe next morning in the manner :an:which:s have feprefentedyituis hardly neceflary for me hete'to obferve that; if ‘the cafe refted upon’ this, you:couldnothave'asdoubtwbut: that they> were perfons> tolerably: welliacquainted-with seach other. Whenothis party was feizedan the houfe, Ithink/yow'will-find by evidence:that-accompanied that fa@, as:wellas:cbyrevidence ‘which: T:have*toloffer youcas to their conduch fubfequently and after they werei brought to London, that they themfelyes were te sean thatiat: cdi ‘be iy ahs to pennies any ig ise rog oved | nodvw tsdagqedmftage scquaintanced with ‘eachother, thatathey pofitively denied knowingveachsotheryandsthat they‘were’ fo well fatished that the contents of the baggage): andthe other thing's; which were feized, were property that itrwas extremely idangérous) dndeed for them: to. acknowledge as being: theirs, that,) notwithftand+ ing the valuesofithat:propettyy you will find preféeatly, ifilam rightly inftructed\as to the evidence, ‘that they sot: only: repuis diated-all:knowledge of each other, but that they moft pofitively denied that any of them were the owners of thatibageagey or any partiof it, the contents of which I am about to, mention to you, Ihave reafon'to think: that the gentleman! whoo was|ap> prehended as Colonel Morris, was not: knownto ce dMin. ©’Connor ‘tilbhe arrivedin town, and the queftion: was there atked him,::;who:he was? \I:ftate this becaufe Ltake:the appre+ henfion of Mr.:.O’Connor toshave been‘that: which was asiwh- expected to:thofe who. did ‘apprehend him, ast was toothe sed fom who was:apprehendedss ¢«« nstsrg Gentlemen) 1 wilbnow Lites to you one paper; or one. papier onlycat prefent, meaning*to:call your attention ito: it _Agaim by and:by, which -was foundsin, thecpocketsbook of: Mr.-O/ Coigly; when: call.it the pocket-book:of' Mr: O’Goigly;sit: mightiper- haps, if it were neceflaryybe proved to: bé fo; by/troubling you with afking: ‘feveral queftions ‘to afcertain: whofenwas itheto’ its hative ek coiuntrysthere long to enjoy the well-earned:praife.of a grate~ “ae ofyP Wyorldyowhole freedom they have purchafed! with ‘their xt bhood:?+2This: paper, Gentlemen, you will find, us ‘under “fea and itis dated the oth Pluviofey A. R: PcG 63) whisk take to’ ineansin the fixth year of the Gallic Republicdsigxs ‘scl {hall proceed’ now to ftate to you the circuimftahces skihder cwhith thefe'different perfons came froin London'to the'different ‘Parts SFthis county, in which it will appear froin ithecevideiee ‘that they were;-and 1 -fhall fubmit ‘to ‘you,: that-thofe cireum- fates, connected with the otherfacts to be giverran evidence, “Mill leave 110 doubt in your minds with whatdatentions) as.to Rhat paper; thefe-parties'came’ into: the county of KéntsciGen- Were: the prifoner Binns; who upom this expeditian wentby Qhendiae of Williams) occupied: thelodgings vofial brothersef Hi a perfon of the name of Benjamin: Dinns;! wile avid appear ~ Ae La . ees re ee ° = - NG hres ~ Eee REN aaNet ST ore eS Mea See en ee tree ( 903 °)) to: you, Upomithe evidericey, ta bé pretty clofely connected with the:prifoner O’Coigly, at No 14, Plough-court;;Fetter-lane,-at the houfe ofa perfon of the namé.of Evans,. who :at. that tiitie was: Secretary to a fociety! which has been known in this country oby the aati: of the London Cortefponding Seeiety:,,, Mr. Ben- Jamin Binns: being out-of this country; the prifoner.Jolin Binns, Awho-owent' in: this: tranfaction by the name.of Williams, .oceu- spied his lodgings at that Houfe: You. will alfo:find, that fhortly o previous to thes time: of which. ‘I ain now {péaking; snainely, -Wednefday the 21ft of February, 2 Mr. and Mts,.Smith,, hav- cingyinithatihonfe: one floor of it :as ‘their feparate: dwelling- oplace, othe: prifoner Binns ‘hired for the prifoner’Allen,.|(who oappeareéd:in this tranfaCtion as the fervant of O’Coigly,..when vhe went ‘imidet’ the name of Captain Jones), :hired for Allen»a efoom‘in that part of this houfe; No, 14, which formed ereiapaie aments of Mr: and Mrs. Smith. Upon the arft of February the prifoner Bititis 1éft Tapio, 2 T fubmit toyou, for the purpofe. of- hiring veflels to go to ‘France;'and to:cafry thofe perfons, or fome of them whom I have named,’ atid their papers, and fuich other, intelligence as they: were ¢apable of giving, He left London... He came down .to\Graveferid, I think, in the hoy ; at, Gravefend he took the -€oach to Rochefter'; upon the Thurfday he came: to’ Canter- bury ¢ and'upon the Friday morning he applied himfelf to two ipérfons who ‘will:be called.to you as witnefles, one of the name sof ‘Clarisy:thé other of Mahoney; and reprefented ‘himfelf to “have fome concern in what hé'termed the fmuggling line, and exprefied'a wifh for a recommendation to fome perfons at Whit- ftablessoAnd-1-bég your attention to this'circumftance, that *apon the Friday’ he. wifhed to have recommendations to. this oplacevealled “Whitftable. | Thefe. witnefies: will inform. you, ~thatiin the courfe of that converfation ‘the names.of, shree. or With thofe sother witnefles he! entered ‘into treaty, and with each of them | * G 2 for ( & ) fe A dae, in the firft inftance-to go to Flufhing <:1twwas-repre- fuhited ‘td. him ‘that:he’ could not have'a boat toe'go/to Flufhing, Bediinfe the port being in the’ pofleffion ‘of thesenemy; and:-alb efitls there’ under an embargo, the Veffel whichshe, withed to Rite Would nét have the means; ‘orwatherswould not:hayesthe pariniffion, ‘to ‘come back again to this’ country sthatuit owas thétefore an extréinely dangerous’ bufimefs. The danger with refpect to Flufhing being flated, a propofition was then niade oft his ‘pate that they fhould go'to Havre, to Calais; or fome éther place, T'think, upon the coaft- of Frances and uponia re- prefentation’ how ‘extremely dangerous this ofervice! wasy: you will find, from ‘the evidence of all. thefe witneflesy the.fame f4& being confirmed by. the evidence of all the Whitfable wit- Aefles,. and by the witnefles who will be called:from Deal,; and therefore in truth proved by five, fix, or fevyeniwitnefles; at feaift, that Mr: Binns reprefented that there couldibe no hazard 6f that fort’; that‘he’had-the means’ of infuring thereturn ‘of the\veffel ; that they might depend upon it-that the veflel would dot be detained there more than two’ or three hours) at: the Ute mot: and’ that hé‘had fo much in his power thesmeans of: {e+ curing ‘the return of the veflel, that he intimated to fomeé of them: the pofiibility of receiving back a cargo, which you. know; in the terms ‘of perfons who {muggle upon the coaftof ‘Kent;,as well-as ‘upon other coafts, at leaft 1 happen to know, [it! | from official information upon fubjedts of this forty they call a:Crop:: that they might havea Crop back again. They .reprefenting ill the difficulties of the bufinefs upon which he withed them, to engage, ftated further the abfolute neceflity, if:they under- éidk this‘bufinefs, of being extremely well paid for it, and you willbe fo good as‘permit your attention to go along-withme when 1 fate this fact; that it was agreed that no lefs 2 fum than three handred pounds,’ or three hundred guineas, (when | ‘come ito {tate to"you the coritents-of the boxes, you willifeethe materias - ~ lity of this, ) ‘fhouldbe depofited : it was firft. propofed,-that! it fiduld be depofited’by Binns in the hands: of Claris.-of Canter. bury-; batt wasinfifted on the other hand, thathitefhould he depofited in'the-Bank of Canterbury;-as a fecurity forthe ceturn OPthevelfel’ And befides thatedepofitiof three: hundred pounds, or Seine oa « = Z « Cs Rg kn ee Ee } ‘ ( 8 ) or threeshundred: gitineéas, the very large fum,of-one. hundred andi fifty! pounds; oroguineasy was) to,be, giyen.for the.trip, everto Flufhing; orto anyother. of the places, which f have mentioned, inccafe the veffelicame: fafe back, .and came imme= diately backs tlfidhedid not.come immediately back, then the three ‘hundred pounds were. to remain asia.depofit, for. the: pay- ment of a giver fum per month during the fin abifie fhould besdetained imthat:country; » ): a Gentlemens this happened-as. I before dunn upon. he Fie day morning;sthe gd. It-appears, however,,that Mr. Binns did) not Vike) thefe terms ;,-he thought, them .too: extravagant, inviallo probability yhe thought) them, too extravagant, and he therefore returiiedin the morning .of Friday .to,Canterbury, and in the! courfe-of the next:morning he went to Deal, forthe purpofe of trying whether at Deal he could get a boat, -and if hescould;: whether he could: -get)it upon. better;terms,.I fhall callite youstwo:or three perfons with whom he,had converfation wheny he was at) Deal, upon) the Saturday.morning, and. you willjfind fromothe-evidence which they have, to.give to you,that he made‘thefame fort of propofitions to them which had been. made'to the men:at W hitftable ; that they; however, «propofed toragreecwith him upon more-reafonable terms; and I think, 2 pérfon either of the name of Campbell or of Hayman,.who will beccalled,ypointed out: the extreme. probability, if they came early in the next week, of finding a: boat that, under, neutral colours; wouldgo to Flufhing, Calais, or gic for the fur of fixty:pounds, or fixty guineas. rit ‘ Mr. Binns, upon the: Saturday. evening, neti again. to Canterbury,:and: Inow»beg:Jeave..to,remind younthat it, may be‘ material that:you: fhould .recolleé . that the. firft. place ‘he went to: was’ Whitftable;: fory in-the converfations which, paf fedat Whitftable, and:the converfations which ipaifed at. Deal, you will-find that Mr. Binnsdtated, that three, or four perfong, who-had-a‘concernin this tranfaction, . would be at Whitftable oi the Sunday evening... When, Mr. Binns got.to Canterbury on the Saturday evening, winder: the. idea thatshe might get.to London ‘before : the -perfons: that-were concerned! with, him in this tranfaction: fhould fet:outdrom London; he went: up. from G 3 Canterbury ( 86 } Canterbury to Lohdon, J believe ‘in the ‘Cantelbiity edach} ‘but did not arrive in London time enough to be there before Colo~ fel ‘Mortis ‘and his fervant, that is, Mr. O’Connef and his ‘fer. vant, and ‘Captain. Jones, that«is°Mr! ‘ey Coigl yf and his" fers vant, were on “Board the Whitfable’ hoy, and had'failed? from the tower fais.” For the purpole’of ‘your underftanding this eafe, it “becomes” neceflary for’ mé Here,” Gentlemen, to “ftite to you, ‘before I ‘mention the tranfactions ‘of the Sunday, the tranfadtions of ‘the’ Saturday, as far as they relate ‘to the pri- foners, other than Binns, who Affumed’ the nanie of! Williams. It will’ appear in the evidence that. Mr. O'Conner Had a’ ‘tedging in ‘Stratton-ftreet, which is at the weft’end of London ;°i¢ will appear alfo that he was intimate with’ a perfon of the tiattie 6F Bell, who lived’ in Charter-houfe-fquare, and that he’ acta. fionally dined-with that gentleman, that he ocedfiotially flept at that getitleman’ $ houfe, and ‘it will likewife appear to you, ther Mr. O'Coigly, introduced as Captain Jones,” ddcafinally dined’ at that houfe' with Mr. O’Connor. ° Upori’the’ Saturday, previous ta the Sanday; when they came down togetherd in the Whithable hoy, Mr, O’Connor and Mr. 0’ Coivk ¥, the Jateed atder the ‘hart “of ‘Captain Jones, ‘dined togéther with’ Mr: Bell, of ‘Charter toufe-fquare j that evening MroQ’Coiner flépe at Mr. Bell’s; that evening Mr. O°Coigly flept, utider the —hame of Captain: Jones, at’ No. 14; Plough-courey** “the houfe of Evans, in which lodgings had been ‘taken ‘for ‘Allen, Aho ‘perfonated the fervant of Mr. O*Coigly, affaming ‘the name of Captain Jones, but who ‘was not his fervant ; aide will be proved to you that Mr, O’Coigly, who the. next morn- ing went down to Whitftable, under the name and appearance of Captain Jones, flept on the Saturday night in the fame bed, es think, at leaft, in the fame room with Allen, ‘who, upon “the Sanday, perfonated the fervant of Captain Jones ; ‘we theres fore bring together, you fee, on the Saturday, Mr, O’Coigly and Mr. O’Connor, dining at Mr, Bell’s, where Mr. O° Coigly “had often dined under the name of Jones ; ; and we ‘bring toge- theron the Saturday night, Mr. O” Coigly, under the name of Captain Jones, with: Allen, w who .perfonated his fervant, vi next day: fleeping in. the fens room, the lodging of Allen, x at se X rognt) which, ..in that: schol had been Tet, to Fer Bia at Now 44, Plough-court, Fetter-lane, and: they flept in the, had aha in ae, Si of os Este ‘eA it nia » Gentlemen, I. fhould- here. tate to Yous before, I bring the parties, together. in the, Whitftable hoy» on. the ‘Sunday, ‘that Mr. O; Comar who,..in this, tranfaction, generally, went “by the. name¢, of, Colonel. Mortis, wrote or addreffed, the. following letter tour, William Williams, at the Fountain-inn, § St. Mar. garnet” “sltreet, Canterbury y ryou.will {ee that. it is quite, ‘cleag that the. parties; who. went from London, expected to. meet Biuns.at . Whitftable ; ; that. it, is, quite clear that Binns. came to town with, the intent to go with them to Whitfable, , or to, 9 with them.to. Deal; but. not arriving in time, they. had, gone off, in.the hoy from. Tower fairs to Whitftable, expecting to find, him there 5, and. I will, give you an acceunt, of his,j JOUFs ney, ¢ after them, prefently. —-On-the Saturday afternoon, at Mz. Bell's, Mr,. Q” Connor, after Mr. ©’ Coigly, under the name of, Jones, had dined with him, at Mr. Bell? 3, delized Mr, Bell tonaddrefs a etter, which he. produced jto shim, without. pa addrefs,upon)the.back.of it, to Mr, William Williams, Foun, fainrinn,. St, Margaret-ftregt,. Canterbury 5. Mrey Boll, , at, the inftance,, of Mr...6’Connor;. did addrefs, that, letter, to. Mz William Williams,. it, was, afterwards . found upons Williams, shatisy upon Binns, and it will be verified to, yoRote. be the fame letters, and.jt isin thefe, ‘terms: Yt P wo Kd «Dear Friend,” spe bib Polenta wo AG Stas aM ) ne SS “66 3 fet off to-mo! TOW, morning ina Witt, ‘e fable hoy, and. hope to be at Whitftable by nicht, ifthe’ wit id a is, fair} fe thal take all the parcels you BSE of syith 2 me. vo Your's fincerely,” ¥ se 28 CoD eae do, »youthink js'the 1 name at a Bot tom, of this. letter, which the prifoner, N tr, Oo! ‘Connor, relive Mr. Bell I to addrefs for him? 1+ ~ Your’ 'S fincerely,, Janes wi ALLIS." uo bie) i “ed et your fe teers,” $ ge 3 r HOOT SHigt sad os yaigsel vab dxen ory G4 This nee 88) fied is dated BAGO the ath of February, ‘the aug prée- ceding. the Sunday on which they were to'méet: “You ‘wilf find that the bage age, which was put’on board‘the Whitfable hoy, was carried from Bell’s houfe t6 the Whnfable hoy, by two fervants of Mr. Bell, who, iit be néceffary;" can’ be éalled ; indeed, | as they have but a fhort word toftate to you tipon that matter, I fhall call them. Mr. O’Cohitor atid’ Leary; on Sunday morning, went from the houfe ‘of Mr.“Bell'to’the Whitftable hoy, Mr. O° Coigly and Allen, under the’characters of Captain Jones and his fervant, having flept together “in the bed of Mr. Binns, on the Saturday night, wére:‘talled by the watchman, to whom they promifed'a fmal! {ut of money for calling them up early in the morning, and they went together from Evans’s in Plough-court, at five in the mornifig, “on board a. “fmall brig. or veflel which lay near the Whitftable"hoy) arid, upon Mr. O° Connor, and Leary his fervant, coming on beard the hoy, O’Coigly and Allen‘ came on board alfo fromthe brig as ‘Captain Jones and his fervant, and thefe four proceeded dow the river till they came to Whitftable, “in the evening™ “of the Sunday. - It will be fated to you what baggage théy had on board; the baggage which was on board ‘will “be! trated“from on board to the Bear and Key inn, Whitftable,°and will be traced from thence to the houfe at’ Margate, ‘where'it was feized. You will hear the witneffes {peak to ‘the "demeanour of thefe perfons, what care and anxiety they manifefted “about particular parts of this baggage ; sand you will hear what*parts of the baggage were taken on fhore that night; and® what were not taken on fhore till the next morning; fome parcelsy"of whith the prifoners feemed to, be saraeniarty carefuly’ were taken on fhore, by, I believe, Mr.'O” Connor ‘and’ “by? Mr o Coigly , afluming the names of Colonel Morris and’ Captain ‘Jones, the reft of the baggage remained’ on board: till ‘it-was Tanded. the next day, together with Allen and Leary''the fer ‘yants, , and, was fearched in the manner I {hall ftate, “By “Mr. King, | who was the land-waiter at W hitftable.”" ‘Having ‘brought from tower ftairs Mr. O” Connor and Mr. OrCoigly, junder thofe names, you will ‘find that ‘they, ¥ who; if am rightly inftructed,’ denied’ all RnoWledze “of éach othet}’ upon " the f € 89 ) the important occafiony have before mentioned, that they went to the Bear and Key at. Whitftable together, ‘that at the Bearand\Key,; as Allen and Mr. O’Coigly had flept together. i in, the fame room on Saturday ‘night, fo thefe two gentlemen, Mr. O’Connor.and Mr. O’Coigly flept together in the fame 60m. at, the Bearand Key inn,,at Whitftable, on the Sunday night ; and yow.will have evidence that, in the courfe of that, night,: they .werejoverheard counting money, and holding a _conyer= fation about that, money, the particulars of which, the Wits nefs that I,fhall cal, will ftate. Gentlemen, when thefe four perfons got “to: whietistues they, did not. find, there that-.Mr. Binns, who went under the name.of Williams, whom they expeéted to find there ; : and Williams, when he came to town, not finding’ them in‘town, immediately fet out on board the Hoy to Gravefend. At Gravefend he applied to a-perfon of the name of Affiter,: that man procured him a horfe from an acquaintance of. his, in, tlie town of Gravefend; and he came in the’ courle of that évening again to Canterbury, to.the Sun Inn, kept by a perlon of the name of Nicholas Cloke: when he came to the ink at Canterbury, you will find from his converlation, which’ will be giventin evidence to you, that his purpofe was to have ‘gone that night) to Whitftable from Canterbury, which was, about fix, miles ;diftant ; but the-party to whom he. joined himiel for -he\ there faw fome of the perfons he had feen the Preceding Friday, perfuaded him to ftay there that evening : he did ftay there that. evening ; and. the next morning he left the houfe, coming back again a few hours after he had left it, in com- pany with Mr. O’Connor, that gentleman ftill afluming the name. and character of Colonel Morris. « ‘Upon the Monday morning, after Mr. O’Connor and Me. O'Coigly had got up, and before breakfaft, they walked Out ; Mr. Binns, you fee, according to this ftate of the fact, mult have walked-out,alfo,from the inn at Canterbury. I fate itt ‘you as: probable, as that, indeed, which one cannot but belie though; ftritly _{peaking, I cannot .reprefent it. as deli a@ually proved to you, that Mr. O’Connor and Mr. O° Goigly had walked towards Canterbury; that Mr, Binns had walked dy? Let eae ( om )} fron Canterbury towards Wahitiables and ,that they had mes, uponsthe! rodds:anddT think !you,.will:-have no, difficulty, in ipfarring alfooffom:the evidences which Lam prefently, to fate. tosyou,thiat, previous to the time, at which.they jhad parted, 1¢, was: agreed that, after certain other: tranfaions, fhould, haye. takeri! places they“ fhould, meet: again .at Margate. Lfay it is, probable: «that ,thefe,’ perfons. had); walked.) from) sWhitftable, towards! Canterbury, and thatthe other: had. walked . ‘from, Canterbury towards W hitftable, -becaufe.. Mr. :OCaigly, went back: agais» toithe Inn. at Whitftable. without, Mr..O” Connor, and: Mr:)Binns: came -back hag to. the -Sum at} iid with. Mrs.Q’Gonnor.. : ii, i Gentlemen+T his. happened, as es te hom rive ‘oui upon:the Morday morning ; :the parties didnot meet again. til TEnuefday: afternoon; and it. becomes neceflary -that..I, fhould fhate -whati»} take! to: be the, effect of their srqnfagtions; on Monday) afternoon and. Tuefday smorning::);that is, of, Ms; Binsis and -Mr; O’Connor;: who were! together, and the. trants actions.of Allens O’Coigly and Leary, who. were leftat Whit. fables The baggage, which:I before mentioned, was. brought of thoré;:(and. jt included al] Mr. Q’Connor’s baggage, there being caudis section upon part of it to Colonel Morris) on,the Manday!s: andsit- will be in.evidence, that. one. perfon paid ifox the paflage of all of them; that: baggage, which came-on. Shore anthe Monday was fearched by, the; Cuftom-Haufe- Officers: It wasoreprefented to the Cuftom-Houfe: Officer, thatifome of the boxés,could:not-be opened,’ Teary,, L,think,, was othe. perfor who made,this reprefentation : :he faid that his: imafter, Colonel Morris, | pwas, gone, to fee a friend) at Dover,- and had, got the keys) with, hist ycand Leary mentioned, that his. mafter, was going; te.the Haft, Indies. b¥ou ‘will, hear,thatin,aconverfa- tion Which. Mr. O’Coigly:had with the mafteriof the. Inn, with reference.ito Colonel Morris, he represented .that.-Colones Marris was-going to the Weft Indies... They-had,a.gaed deal of .converfation, about,-the means of removing) this’ baggage.to Margate,;' there was/an ideasof: fending.it, by, water: that was. fraltrated . by, an /apprehenfion,'- which .was,: very much: felt, avhilft. they were going from Tower none to, Wohithable, lett islVi 38 todj9g0 ° they a AR te nie CEA SEY Pavan eet es ree cee somata sett NO Sees Sieeidiieek 2st ( oF they fhiauld'be, ae it was called; over-hauledy thar is; deditthe: baggage fhéuld: be: fearehiedic Tewas atclength;: however: agieed) tHata' perfor of the name of Thomferttiould: be: hired: to take'all that \bage gage in 4 cart from TW hithable ta. Margates' and it? was! agfecd that’ Captain Jones; thats iss Mr. O’Cgiglyy that'ANen as°his fervant;'and that Leary; fhould walk allithe: wiy from WhitRable with this’cart to Margate, along fide of; it} taking! cate of ity till ie fhould be° depofited)at Margate: Accordifiilys Phakletits eart being engaged, theobaggage was? put “itite that! eartyo¥eue will Keds what' was the demeandur: of the thite Prifsiiersy that went withthe cart mand T hotafete conveyed the haggage, the Prifoners walking: alone withlicaly she way from Whitftable to Mareate; where! they arrived aa I before told? yous’ inthe afternoon of ‘thePuefday) odnnther meat time; ‘Mr. O*Contior) as Colone] Morrisyand Mry Binns, A? Williams; went from /Ganterbury to! Deal without any hagbage » auben they: gat'to Dealy you wilboheary fromthe Wittcfes (abled frome that place, that the converfation about going: ‘to*Flathiaw andito. Calais and other platesp was! much SF. thé ihe’natuye' as that Lhave. ftatedvto you: Mn Binns had held, wheat he °was there upon: the precedjug Saturdays: Ie fiirhed Olt tat the perfon wha) it-was fuppofed,, would have had ‘his) boat ready in the bewinning of thar weeks :had MOE: his boat: ‘ready the beginning of that week: “bue there? was at ex: pectation that,’ in the ‘courie! of two-or lehyee ‘daysy, the: boat tight +beofipplied ; and a opertan’ wtore’ downs im pencilia direction toa han ofithe name of Lancelot Ha yitian, te whom theparties*thould apply, after they qheuld have come'g. feesnd tithe from! Margate to-Deal. ‘That direStiomin: peneil, twill Be'provedy: was found inthe purfe of MrvO’Cannoty at Mark gate) when he was ‘apprehended. «Inv what mannero Mir 4 Cotifier°andoMr. Binns werit from! Deal to Margate cam ainable to'ftate to you ybut°in point of fa&,, a& Dibefore told You, theys did" arrive at- Margate’ within a quartersor halP aa hourafter Mr. Q’Coigly;, Allen, and Ledryy had arrived theres and Isthinky wider thefe eircumftances; Tain fully juttified ia shaving: ‘repreferited ‘ta ‘you’ that they” muft haved uaderfood, ‘when they! parted! om the :Monday- ‘mornings that’ they were to ineet together at Margate. Gentlemen, (\ 92° } enGentlemen, hating ‘now traéed® als thefe parties “fron Bordon ‘through their *different°tranfations till they earive tdvether ‘at Mareatey Ido not repéat-to you'thetranfactions ‘of. the “Puefday evening ‘at: Margate; or the traiifaGtions of the. Wedneay’ morning at Margate, nor dol ftate ‘to! youragain thé circum fatices under which they were all apprehended >but Ptake leave; in a ‘thort word, ‘to defire you'to' recolle&h what the fiibfance ofthat paper was, which’I have read‘to*you, and to recolle@’ that; if Lam rightly inftruG@tedy T fhall prove’ to you that thefe*perfons, being this united in one common defi¢n from the Saturday morning, [may fay from the: Wednef- diy) morning preceding,’ till the’ Wednefday morning follow- irig, ‘when they’ were apprehended,’ thought properto beper- feStly ignorant of each other, tobe perfectly ignorant of the cdlitents of the baggage, and the pocket book, atid every thing that Kad ‘any ‘relation to any thing in which they ‘hadbeen cbticetiied,” of to Any of thofe tranfa€tions ‘in which they°had beenengaged, and ‘to reprefent themfelves’as ‘perfect ftrangers to eachother, though they had’been ‘living’ with’ this *clofenefs éfintimacy duting the’ period, the tranfactions of whieh I have been reprefenting to’you. BAF SRE With refpeG to the prifoner’ Mr.'O’Connor, it is: now / my Bil tofeate to'you the fubftance of two papers, which, “as it’appears to me, will call for. your moft particular'attefition—- thitlany perfon’ who had that pocket’ bodk-in’ his pofleffion, containing that paper, muft feel a “great anxiety ‘to dhake-of all knowledge: of ‘that pocket-book; ‘and: all connexion“ with its* ‘contents; is} 4° matter that, -T think, ‘cannot furprize you; orariy body who-hears ‘me.. When'T now ftate’ 'to‘you- what other paper. was found in one of the-boxess which; I'bélieve, will he ‘proved’to you beyond. all doubt to belong-to “Mr: OQ” Connor; and when’ T ftate to you ‘the ‘cantents of a letter’ in thé handwriting of. Mr. O’Connor}"‘whidh ‘has-been *foutid in theipafiefiion of Lord Edward Fitzgerald, and which will be prodiiced here to day—l'am forry to ‘fay it, Gentlemen, ‘but it'is‘mybounden duty to. fay it, that, unlefs' fome account’ ‘is given of this matter, God grant they may be able to givé'an atcount “of ity other than in ‘my’ anxious view of this cafe I . can spPResnidn ote SRO SIGE aie aa aac a: anasto ints nae Mee (y 930 ) Can at prefent ferm,any, expectation.of hearing, Jhaye.not a conception; even.if,the) evidence, I. have. already. flated.. were Not fufficientinslaw,to -connect Mr. ,O?Connor)with, the. des fign of thofewho, had thispaperjin their «pol efliony, how it will. be: pofsible;.to (deny, the .intention of, that anime $9 go to France-for,the purpofes.exprefled in, this .paper—-I will firft read, the, letter, found.in,the,.poflefsion of, my, Lord) Eds ward Fitzgerald, and; you, will fee clearly.ftom the contents of thisyletter,/;that.it waswritten about the fame time; that,the taanfadtions, 1 have.been mentioning took, place.., : )fs(My dear friend —I have had.a.Letter.waxitten,to, you ot ¢ tetl days,,and: have not,had.an opportunity, of fending it to, “& yous; you-cznnot conceive how it-has vexed..me. not.to be ‘Saable to, find.a good, .or indeed any. jway.of getting. Maxwell, ‘Soff.”’——-It will be.incumbent, upon the prifoner to explain this detter.if,hejcan—‘ he,has been moft,.aétive to try and, & get away, from. his, creditors, but . they..fo.watch him, and, al ‘, this.embargo-by.the enemy, makes it. moft dificult, thoughy §, I, think he, will,be,off in three. days.from.this.—It’s. faid that, “| Lord.Fitz-William, is. going over, to Ireland.” . “The pat, face that I am about to read, relates.to.what.we have. } heard a: great.deal .of—Catholic emancipation,. and you will, fee how, friendly .the writer ofthis, letter) 1s, tothe idea. of Catholig, emancipation, ;; he, fays,, that—-‘*. great. hopes are entertained of, wy ‘< feparating the, Catholics from the union, ; ‘This wall be your, © and; every, honeft. man’s. bufinefs,to prevent,’ —“ and though, ‘¢.a few. of, the,old-Committee patriots fhould attempt. It, the, ‘< people are moft.honeft... I received both your ot the. one ‘<.to, Debretts,.and the one.by the young men.,. I frall do, alt **. I can) for.them,”.that.is, for the young men,, “ and hops, Se withyeffect in three days., If that fails. 1,.will make, it-a ‘<< point, with Maxwell. that he. goes by errs Hee a ” not ‘that, he goes, to, Hamburgh, but. that. he goes dy the way. of Hams, burgh,,and he will make, it.a point. with, Maxwell ‘that he, goes by, Hambureh—in a given cafe—that is if all that he. can do, for.the-young;men ,in.three days, fhall fail, thea. heii is, to.make it a point swith Maxwell to, go by,Hamburgh,, ine deed. he is inthe. greateft, impatience to,be, off. , The man. & of _ © tof canfidetation tald me He/Keard-the/Government herd had ‘kiintercépted a-difpatch from France for:kteland, avhich! preé Momifed piedt s:afsiftance'sitheylarey here! ii Preat-cénftefne Mitiodienthis pallage: talliessvery tuchowithidome: parts.of te saddrefsd read, the money and their committe sare * svery blow. {iT he! black: tertier: andechis: obttleMrother, sare Stcbutelorry curs: thedatterhas becomie @ LandsBroket,-and; if “oil am might] yp iaformed, haso-found the hele Prick, -andicheé S$ bugar: Bakery and many other's, haves featshims tein iméney “ito lays olit {for them, ands: thus 2 tachave their! Agent, SSithew have been oat works Chevalier was ctliespetfen avhe $$ wrote to amy friend,”s~Gentlemen, Imuft:fubmitdt teqrou whether this paflage alfo does: not conned it lf-mith the: adt aréts, ‘whicli-l have: read to you—-as to\a cerkatnvfefief anén whore fuppofed to have fallen iinté corteinpb is Chevalier *¢ was the perfon: who :wrote- tomy frietidnté haye nothing i tolido-with ‘Nicholfon of her fet) for that thepuhad fallen St, intoodontempt ‘from the appearance: they>cuted:Lfenidstwe *6 copies: of the pamplhilét, -buti they wmuft: aiot bes Leto duts-of “ithe: room: yoit and Pamela! reads them, inyuntil youy hear from me,asi otherwife I thould:be in hmbo 3 theteds not: one **-out here, nor will thete until’ bcanh:doit if fafetys- youieam “have an’éditionoprintedsin Hreland: I, dhalk fend young hundred ‘copies :: for the: inftant, they are to, be>fold:.at three thillings and fix-pence; -and of Courfe ingt te: be: given &:to any: that.cannot be depended om to. avoid vprofecution.”’ Gentlemen,(I call your attention, ‘and that. of the Court tot articularly tothe next paflage——: the inftant J.gét tocWile gle gat ‘agate hear from me, Lumean: te be as vs mie Soeaki Sct 0: . OF Qa - When I firtts read this over; ‘Trthoughts the sot WZUliams meant Binds, :but, ina -part-of Mr. O*Conndt’s: razor’ cafe ‘was foundia very curious paper, @ copy’of ivhich: I thaveonow ah my-Hand,: the original of which will> be: produced to “you. Tt is obvious; fromthe text: andterms of: thiscletter that ituis written dh-what fecret-corre{pondenits calla: Cypher+—youl have the Black. Ferrier 4. you have++the! matt of confidetation--you have:>Nictiolfon :arid -her:det—the iSugar -Bake—the Land Broker ; ee lhe FLA yt eS ee ae eee ee ih vebeaneths LE p a e See | ¢ 3 3 Broker} andwariousphrifesj which you donéttindetftand,) but fou have an explanation of that!particular'exprefsion;,*¢ Phe int ftant Leet to Williams you fhall hear from me;?-for thé papét that I> am going! fo read ‘appears ‘to me to be-démonftration that: /¥illiams, »meant: Francejcand that- Paris wasotocbe the place of this: 'Geéntleman’s refidence:=T he! firft wotdvim it is France-the hext:is Spainy the third sword ‘imvit is Hollahd’; and°then’ it ¢ées through °a ‘great: Variety of the landing: places offreland,* and fome of England; which you will Hear read to youIn‘one column'it contains the names of different cour tries and° perfonsy ‘and° in van oppofite *column itgivesiithe rames ‘of ‘the: different countfies and perfonsy asthey are to be reprefertted!in the correfpondence, which was to'take’place {Phe firfh word is “France: the correfpondent | word wis, #1& Fiampoxidwards the “clofe’ of the: paper is: thelaword =Paric- oe ¢orrefpondent term to’Paris ‘isthis placesiclisy si) caw % ‘Ss Nowswhen this letter-to my Lord '‘Edwatd F inal ifr goerid him thaty when the: writer:gets tocW illiams$ che cfhouléd hear from him, ‘that’he would be as a@tiveaschecany and:wheh this paper informs you that Williams “means ‘Franceyandithat Paris means? this place (Paris-can Only 'mean'this:place when’. perfon is ufing: the words-who: is writingfrom Paris}jis # pofible, Gentlemen, ifpthefe circumftances>:fhoulds be madt Sutto your fatisfaGtion, ifvix thal! Gifo be: proved,basvit.will, af Tam rightly inftruQed (Itate only if I am rightlyinftru@e?, for Tcan only ‘ftate to’ you'the effe@ of sevidences/iasy it: is? re- preferited to°me); ifit fhall be proved that Mr: O’@onnbrihall the fort of connexion i this tranfaction of ‘O’Coigly's;.svhich Ihave ftated to you he had; if this-letter provescto yowithat ‘he was going to France; if the letter addreffed to thé Exect?- ‘*ive Directory ‘proves; from) the very contents:08 ieptWat ic ‘Was topo to France; if Iprove*to you that Mr, O’Connorias sorrefponding-with @ man who is ‘hiring boats in different parts 6fthe county-of Kent, to go to’ France; if: I proveahat:hets fiot only correfpouding with’that man, ‘but if T prove > SP i tse wa, RE ee rE See Can, ee ee ee Pps 2S, eS Sela se RS ( @@: ) ‘fas L.am-obliged.to.attend/my duty as .a.military, man at pres “‘fent,,and my.partner has,a quantity of goods juft ready .to ‘* fhip.and confign to.you 3; this willbe fent;oyer.by. .a,careful ‘hand, and the; fooner you, anfwer.it,the bettex,for,beth, par- ‘“ ties, becaufe; if your anfwer fhould.be favourable, we,fhalh “ fhip, ;perhaps,).a .treble quantity. Direa,, in, all, hafte,,to, ‘¢ Parkinfon,,and ,\Company,,High-ftreet,.. Manchefter,.,. Woe “<.are very, ungafy about, the) fafety, of the, daft. parcel.we fent * over; lofe ne time,,L.pray, you; in,the mean while L,am <{.your’s, ,fincerely, Edward, Wallace,” ..His, name. isParkin- fon ini the other,letter,, Edward. Wallace in this. The.addrefs of this, letter is, “Do. Mynheer, Van, Solomon Straet, Van ‘“Hacolem, Amfterdam.”’ aes Gentlemen, .I fhould have mentioned. to you, which, I now do, in,a.word, for, fear,,.I fhould, forget it, that, a.bargain,,had been made with a perfon of..the: name of Kerby, who. will, be called, to you,;to:take all the baggage from.Margate to Dea'. I mention.that.as.a circumftance of evidence; to fhew. that it was,the.intention of the perfons remoying, their baggage. from Margate,to,Deal, to go abroad from Deal... Without entering particularly, into. the contents, of all the other different, papers which) you,,will find were in the pockets. of .thefe refpective perfons, and..which, are.in their contents.extremely. fhort, I think I, may venture to flate to. you, that there,is not one.but which,will afford important evidence of the truth, of this,cafe, from. the,beginning to the end of it, againft thefe prifoners. Gentlemen, I, take leave.to ftate again, under their Lord. fhips. correction, that where perfons are acting together).in| a confpiracy,..when.it is once fatisfactorily proved that they, have all been.acting in. fome of the tranfaGtions which form.the.cir- cumftances of that confpiracy,. the act of each:of themzis. evi» denceagainft, all, .I.take it. alfo to be perfe@tly clear, that if the. evidence arifing out of, the acts of all of them, or the.eyic dence arifing.out.of the ats of each of them, .as applied to all of them, fhall make outithe fact of the confpiracy againt all as, Jaid/in the, indi¢tment, that it.is.your duty to, find.every, one of themguilty, I take it alfo,to be clear, that if, it fhould,sin the refult, be your, opinion. that, with, refpect to), any, one,or Y . isi > more (, 100 ) more of thefe prifoners, the guilt is not brought home to him or them, the innocence of any one or more of them is no reafon why you fhould acquit the reft. Gentlemén}/ it) may be, and ‘cértainly muft beithe fact, that in this general opening I have omitted a great many circum- {tances material to be-laid before-yous In the courfe of giving the evidence, however, fome fhort explanation will be offered, and fuch only as ought'to be given, from this place I mean, of the contents of each and every. paper which, will be read in evidence before you. With refpect to any circumftances, the detail of which I’may have omitted; and particularly fome cir- cumftances which may be referable to the papers» of Mr. O’Coigly, ‘as proving’him ‘to have had a good: deal of trarifac- tion at Manchefter, I do not go through the particulars of them now, but I fhall lay them before you in the order in which I think they will be moft intelligible.) When:you have heard this evidence it will be your duty, the duty» which you are {worn to difcharge, to make a true‘deliverance,: according to thé ‘evidence; between the: prifoners at the: bar and >the public.’ Ivam perfuaded;» Gentlemen, that, {peaking “to. you in a Britith Court of Juftice, you would treat with horror.and indignation any man who couldiventure) to prefs ‘for your ver- diGt; if \your ‘confciences are not perfectly fatisfied ‘that: the :prifoners‘are guilty. On the other hand, it is incumbent-upon ime to :put.you'in'mind, that if you do owe a great duty! to the ‘prifoners; you owe'alfoa great duty to the publics = but Lowas not prefent when it was opened. Q,) Look at,that,.paper (the cypher), has it. your, name ae itt, 1 Aa It nie I was prefent when F gion al it ia ong this razor Cafe, 2, Was any; thing elfe taken out of this, little, pereraageau that belonged to Mr. O’Connor ? « 4. There were fome filk ftockings taken out 5 .Eugion can give a better account of that than I. & 2. Is this the fmall mahogany box that you faw cpanel at the Secretary of. States Office? A Lis; I put my name upon it. Tohn Reveti, Grofs-Examined by Mr. Plumer. 2, T underftand you are a Bow-ftreet runner? A. Yes. 2, How long have you been inithat fortsof employiient 6 About three years. i 2, What time in the’ morning was it ake ps sivetied thefe people? wl wAbout nine or-ten o'clock. 2nw 380 2; After you had taken the papers in the: ere 1 did you at that place take any accoumt of them? raiisd S { Aolidid not: mark them there: certhinbyot oy non W ©. QuDid you take any lifteor inventory of theme val) avo a AT hua aad SSB ae abe FTN at 3g DES et 2 Uy ak oat asic ai seein Se RE aa ai ee ae Sh Ss oe SD ( 105 » A, I did not. 2, Did any beet elfe:in eit profence? A, No. 2, Werd they-marked — you, or in ay body elfe while you were at Margate? A. They were'not. °° Qy Were they fealed up by re ‘or “s aay body elfe'? A, They ‘were not. 2, Did you take: thenr beforé-any Magenene to have them examined by himij A, After. fete 2) You fay you fir found: Quigleyi inva room where Bere were fome tea things ? 4, Yes. 2. Then you went down with him leaving nobody in that room? 4. T left Mr. O’Connor there and.two foldiers. Q, When you went down with Mr. Quigley you left Mr. O’Connor there and two foldiers ? a. ¥ 3: Sha i 2, How long was it before you came back again? A. -Not more than five minutes, I fuppofes oy) woh 2. You went into another room you faid then with Mr, ©’Connor? iW & 4, No; I went into a bed room by mayfelf iqoag sous 2, That was before you returned into: this room /where the tea things: were ?: | d doy iitA 2 A. | believe it was, | ae st 3 ad 4 2, When you found the great coat, ‘you: fais you thok. it down ftairs, and: afked them whether it belonged to them’? ’ A, } ( Wop *) A, J did. 2. Had you at that time pints whetticr bend was any- thing in the great coat pocket? A. VY had not. 2) Where was it that you ‘firf pases the great coat? .-In the parlour below. 2, Who was prefent when you: firfk coibaandy it?! A. The prifoners were all in the room, and Fugion: »\Q: Who did you find in the room up ftairs, where-you found this great coat, when you took the great oat:down ftairs ? A. ¥; do: not ‘think any body was.in the; room at that time I had feen it in the room. 2, But you had left the room, and» when. you came back into the room you found the doar open ‘and nobody!then “was in the room, but the great coat was lying upon the chair? A. Juft fo. 2, This was a public inn at Margate? Yes. At ten o’clock in the morning? Between nine’and ten. mow 2, There were a great many people I behices i in the houfe at that time? A. There were foon after we went in. 2. Do -you.mean to fay you took the papers out of the pocket-book in the prefence of the prifoners ? ’ dA. No they were not prefent. 2. Then you took a pocket-book’: out of the great coat pocket, and other things? of Yes; [took the papers out and tied them. upin a hand- kerchief, ‘there. were ne papers’ examined in the prefence of 2 ee SS ae prifoners, (22,°Did° you keep the papers in your: poffefion'a after they were-taken out of the great coat pocket ? oso put-them!inmy infide pocket. 2, You did not examine any of them? ities ‘Yes; one that Mri Diwopeny fhewedeme:; : Rey peterts ay, Pea re Se OE NS Sag ay LE ens RN MT Sy SR Te ( soy ) 2, Who were prefent when. you examined them? _4, Yowopeny;,>Fugion, -and myfelf. Q, What is Mr. Twopeny? A, An attorney, I believe, at Rochefter. 2, I defire. you willrecolle& yourfelf a Did' you hear Mr.:Twopeny read it? A. Laid ;and read it myfelf afterwards. 2; Whatwas done with it after it had been fo-read? A, It was returned to Revett again, and: put into the fame pocket book; : and delivered into Revett’s care. 2, When did you next fee that pocket-book and the paper apain ? A, The next day, Thurfday, March the 1ft, at Bow-ftreet! 2, Did you mark that paper ? A A ded. ‘2; Can you take upon yourfelf to fay that the paper which you marked at Bow-ftreet, and which you faw in Twopeny’s hand and read, ‘was the fame you faw taken out of the pocket- book, at Margate? 4, Tam pofitive of it; this is the paper. (thé Addrefs to the Executive Directory of France). 2, Look at thefe two papers? 4. Thofe two papers I found upon Binns, in his coat pocket, at Mrs. Crickett’s, at Margate. Mr. Fuftice Buller. What are they? Mr. Garrow. One is a map of the County of Kent; the other appears to be a cypher—the word ‘ Claris,” bookfeller; Canterbury, at the bottom, will identify it. 2. After you had fecured the prifoners and the lugea this manner, what did you do with them? “A. Webrought ‘them to Canterbary, where we flopped all night ;: the’ ‘next’ morning we proceeded’ to’ Londén, ‘and went to Bow-ftreet. 2: Did aes keep all thefe things in yout cuftody' till you had marked them? iain wes, S 2 2 Did ( tia) 9, Did you fee the paper, which I have fhewn you, which has your mark upon it, at Bow-ftreet ? 4. Yes; I did. **Q, Did you then ‘mark it? A. I did. 2. Were you prefent afterwards when any of the lugeage which had been found at Margate was opened at the Duke of Portland’s office? A. Iwas prefent when that fmall mahogany box was opened. 2, Was it broke tee ? A. \t was. 2, Are you fure that was part of the luggage you found at Margate? A. Yes, Lam. 2, Where did you find it? a A. In the lower parlour on the left hand where I found the two firft prifoners. 2. Did you fee any razor cafe opened at the Duke of Portland’s office ? A. I did not. 2, Did you mark any paper? A, Yes, that paper which I found in the razor cafe after- wards. 2, Where had this razor cafe been found? A. I took it out of the cloak bag. Q2, Where did you find the cloak bag at Margate? A. I did not find it. | 2, Did you fee it found? A. 1 did not. 2. Have you fince taken any articles of wearing apparel out of this? | A. Yes, I took fome filk ftockings out, which I took to the Tower, to Mr. O’Connor. 2, Did you fee Mr. O’Connor? 4, I did. 2. Did he receive thofe filk ftockings ? 4, He did. 2, By whofe defire did you take thofe filk ftockings out ef this portmanteau ? Al Ce = ee re ee Sy treme ee | ty Se eRe ere Me eS Sr ees ( 113 ) A. 1 had amorder to. fend him fome things, I believe eo had been fome things taken out before. Mr. Fuftice Buller.; Who told. you to take ced Y thot ftockings ? A, J had an order from the Duke of Portland to take Mr. O’Connor fome ,filk ftockings and linen, and things; . I went to the Governor, he introduced me to Mr..O’Con- nor with the things, and I received a receipt I think from him. Mr. Fuftice Buller. Did you tellhim who youcame from? A. Yes, I told him I had brought the things he had writ- ' ten for; he received them and gave me a receipt for them. Mr. Garrow. Look at that great coat; is that the coat you faw when you firft went into the room at, Margate where Mr. Fivey was? 4, I faw a coat, but do not know what. the some was. 2, Is that gentleman. the perfon you have. been {peaking of as Mr. O’Connor ? A, gs. _ 2, Do you fee the perfon there you have called by the name of Quigley? Ae VC, 2, Look at the other PaO Binns, Leary, and ‘Allens A, Thofe are the perfons.1 have been fpeaking of. Edward Fugion, ‘Anil neieaed by Mr, Dallas. 2, What hour was it when you went to the King’s Head? A. About eight in the morning. 2, Who was with you at that time? A. Revett, two or three light horfe men, a quarter-mafter of light horfe, a cuftom-houfe officer, Mr. Sanderfon, and é another perfon or two. | 2, All thefe perfons went with you to the King’s Haste ; A. They did. 2, Who went into the houfe befides you and Revett? . 4, We took Mr. Sanderfon in with us, I think, to identify the perfons he had feen, as I Q. Re." ( we ) 2, Recolle& whether any ‘other’ perfons went into.“the houfe with you and Revett befides' Mr. Sanderfon. A. Yes, feveral of the light horfe went in, anda, quarter- mafter of light horfe. 2. Do you know the name of that quarter-maftet ? . 4. No. 2, Or the names of the light horfe men? 4, No, 1 do not. 2, When you went into the houfe you went into the pare lour on the left hand, where you found Leary and Allen? 4A, We.did. Q, Did you goalone into that room, or who went with you? A. There certainly were feveral perfons went with me. 2. Was Revett one of the perfons who went with you inte that room? | A, \believe he was. 2. Will you take upon yourfelf to: fwear it? A, I cannot. Q. Endeavour to recolle& whether you can or cannot? A. J really believe that he did, but I cannot pofitively {wear it. 2, Who was prefent when you fearched Leary and Allen? A. Several people were prefent. 2, Was Revett prefent at that time? A. 1 believe he went up ftairs while I fearched Leary and Allen. 2. If you are not pofitive that he was in the room at all, how can you be certain that he went out of the room when you fearched thefe two men? A, I cannot be certain, I think that was the poffibility of the cafe, I really think he was in. 2, How long have you been an officer in Bow-ftreet? 4, About’nine years. 2, Dont you know you muft fpeak to fats? A. Certainly, as far as T know. 2, Not knowing whether he was in the room or not, you now believe he went up ftairs when you fearched Leary and Allen? 4A, We both together met Binns upon the ftairs. 2. How igs | i | |, CC a) Q,. How long might that be after you firft entered the room, where Allen and Leary were? A, ‘Vhree or four minutes: a: iy 2, Then you met Binns upon the ftairs ? 4. Yes, coming down fairs. 2; Who fearched Leary? i A. TV think T did, T am fure TI fearched hit, ! 2, What did you find upon him? Sf Some 1 money, and a handkerchief in his pockes, and forme Brae Q, ‘That was all? A. I believe it was. a » What did you find upon Allen? ae 4, Some money, 2, And that was all? A. Yes, except a pocket handkerchief. 2, When you arrefted Binns was Binns on’ the fairs or at the-bottom of the fairs? A. At the bottom of the ftairs, 2, Did Binns make any refiftance ? A, He did not. Q; T think you have told'us he had piftols in ‘his pocket, but? did not make any refiftance when you flopped him at the bottom of the ftairs? 4. He did not. 2, What did he fay to you? 4, I cannot recolle& the converfation how. 2; Did not he atk you by what authority you topped him there? A, He did. 2, And you told him you wete an officer from Bow=ftreet? A, 1 did. 2, When you arrefted Binns at the bottom of the ftairs, w - were left in the room where Allen and Leary were? A. One or two light horfe men. Q; When youfearched Binns you found feveral papers, that have been produced, in his pofleffion? 4. I did. bey QD. What ( ur, ) 2, What did you do with thofe papers when you took them out of his pocket ? A. I tied them Wp in a handkerchief, I believe! belonging to him. 2, What was done with Binns? A. We left him in cuftody in the’ parlour. Q. Did you, while you continued in the King’s Head, put a mark upon ey one of thefe papers. ‘ A. I did not. 2. While you tine in the King’s Head, did this hand- kerchief remain in your poffeffion? A. It did. | 9, Was it ever opened to put in any article belonging, to any one of the other perfons‘now upon trial. A. Yes, all the money I took from the other prifoners» was put into the-fame handkerchief. Q, When you firft went into the room where Mr: O’Coigly was, you faw a great coat! ? Aa, YS. 2, But whether this is the great coat you are not able to {wear ; now are you able to fwear ‘to this “faét—after you had arrefted Mr. O’Coigly in the room up one pair of ftairs, in whofe charge and cuftody was Mr. O'Coigly left? A. 1 did not'go into the bed room ;' as foon.as Thad fearched Mr. O’Coigly and taken that dagger from ~ Tscame ‘down {tairs to fee after the other prifoners. : Q,.Who was left in the room sie him? A. Lieft Revett.. 2, From the time Mr. O’ Coiely was hee ah was_-he fuf- fered to quit the room in whichhe was arrefted ? A. He was arrefted up ftairs. 2, Was he inthe bed room where-the great coat ywas ?. A, He was not in the bed room. 2, When the great coat was. dicie toryou a Revett Was itin the room in which youjfirit faw atot: 4. He did not they. it me there, it was brought sy) Bim down, itairsi: ines t i Q, Then whether the great coat you one in Cth rook dios low was the fame great coat you had.{een up ftairs you cannot tell. 2 A. No. 4 ars eee eae SENS SE Ee Sie ea SS erate aa SS, ( #4 } A, Moi voy naw esas - J Pien the King $ Head: you went to the Hotel ? mh = Z. We aids [ 1S:0335° 2, While you were at she King’ S Head, or at the Hotel, were you not defired to fend for magiftrate, in order that the papers might be marked.andfealed-up ? A. Edo notthink-E wast 2, Will you fwear Hoe you were not? A. do not think I heard a magiftrate’s name mentioned. »Q; Wilb: you:fwear-that you were not. defired to fend for a magiftrate, to mark the papers.before that magiftrate, and have them fealed up? ~) A:clewas afked whether Mr. Tavopeny was a magiftrate; i faid he was a magiftrate:and he was a proper perfon, I never heard: any: othersmagiftrate’s: name: mentioned. - Q, Were you or not defired..té. fend for a magiftrate, in order that) the papers might be marked and fealed up at the time ? . A, 1 do not think I was. 2, Will you fwear you were not? A,cl will not. --Qy Will you! fwear Grisso was not defired to do itin your sale eau 4, I cannot fwear chat. 2, Who were ‘prefent when the» papers were afterwards opened at the hotel at Margate? 4, Mr. Twopeny, myfelf,.and Revett. 2, Then this handkerchief that had been tied up was opened at the hotel, when all the prifoners were abfent? A. It was. 2. Where were they at the time? A, In the Affembly room. 2; In what room were you when the papers were opened? A. J think a front parlour. 2, The papers were not marked: when they were feized, nor when the handkerchief was opened’at the hotel ? 4A. They were not. 2; In whofe cuftody did the handkerchief continue till a got to London? ge , word Lb 4, In Do ae Es Re ¢ md ) A, In Revett’s. 2. Becaufe J underftoed you to fay in anfwer to a guef- tion from my friend Mr. Garrow, that the papers continued in your cuftody and Revett’s till you got to Londen? A, The luggage. Q, Then you had not. the cuftody of the handkerchief, but it continued in Revett’s cuftody? Ai € &. Unea your arrival in. Bow-ftreet was not this handker- cist loft. or miffing for fome time? 4A. It -was not. Q, Did you hear nothing faid by any peffon about this hand« kerchief being mifling ? A, No. Q, That you {wear politively,? A. 1 do;-that was another handkerchief ,which -had the pa- pers of Binns in it. Q, There was a complaint of fome handkerchief being muf- fing in which you had papers of Binns? A. 1 made the complaint myfelf. Q. Then in how, many. handkerchiefs were thefe papers tied up when you left Margate for London? A. Two handkerchiefs. Q. One of thefe handkerchiefs you fay was in the.cuffody of Revett; was the other in your cuftody? A. It was. 2..When. you arrived at Bow-ftreet;’ the handkerchief in your cuftody was not to be found for fome time? A. It was not. 2, What had become of it 2 A. In getting out there was a great mob’ round the door, my wife was there, it. was.handed out by fome perfon, and they thought it was mine and gave it my!wife, and it was five.or ten miniites béfore the handkerchief was:found. ©, When the handkerchief was mifliing, did. not the magi-- trate direCall the prifoners to be fearched to fee if they ~had it? x 2 4. did not hear any fuch order, ‘ 2, Nol Be wae ie SS PSS SREY ere OA SET ME Reais Se tears ee oe ey SDE rie Hoc Seat teens 12. 2. Nor fee it done? A. I did not. Edward -Fugion, Crofs-Examined by Mr. Gurney, gh You were afked for your authority, and you told them you were a Bow-fireet officer, and.that you intended to take them to Bow-ftreet or to the Secretary of States ? 4. V did. 2. Did they not fay they fhould anfwer no queftions till they came before a proper authority ? A. They did. Edward Fugion, Crofs-Examined by Mr, Ferguffan, 2. You fearched Allen? i. “¥ eS. 2. Did you find any papers upon him ? 4A. No; I found fome money. 2. How much? 4. About fifteen guineas: I returned it to him again, 2, At Canterbury, where did the prifoners lie? 4. Allin the fame room, upon a mattrafs in the parlours 2, All in the fame room? A. Xen: 2, And. was the luggage there? 4, Yes, inthe fame rooms, <2. Was there any perfon in the room during the night ?_ A. Yes, there was a foldier relieved every, two hours. 2, And were, you there during the whole night? i (Wes. 2; ‘And, never-leftthe room ? . 4 I did-at intervals in the beginning of the evening. &;,Were you and Revett ever out of the room at the fame time ? ; A, 1 do not think we were, Edward ee & 1 4 ( 120 ) ‘Edward Fugion, Crofs-Examined by Mr. Scott. bQscAfter: youhad, taken, the gentlemen, from. the King’s Head, at Margates tothehotel, .do,.you remember Leary going: aut intothe garden? ade NES, 10. 2, Relate what paffed in the garden between you and hime A. Itis impofible to recollect. Mr. Fuftice Buller. It is improper for two Counfel for the fame prifoner to examine, a witnefs, Mr. Dallas. When;you went, into the garden. with him, did>you make, ufe.of any threat? :y) B Nows we: :Q, ‘Did-not’you-threaten to-knock, him down if he.did not tetbalbibe knew ? 4A. No; we had fome Sonia about going to the vault, he wanted to go with me, I faid he was an impudent little fellow, that wasiall.. Mr. William Twopeny. (Sworn.) Examined by Mr. Adam, — '® *Yow'are an Attorney at Rochefter? A, Tam. 2, You were at Margate upon the 28th of Fabmaaiih ? A I was. 9: Did you fee the prifoners there? 4. Vdid. Q, What did you do when*you firft went to “Margate yon went to the King’s Head? Hie bal A. V did. rod soalsoqg A 2, What did you do at the:King’s Head fisgo woy o0. A. I did not go to the King’ s ich till after be were in cuftody! ° jsadog sodas ci yood Jeusog:3an 2. Did you fee them in poy in the plo at “ King Head? PRI i3gsq ay F A, J did, ROGE 4 53 209 ‘ Re 5. « 44 aS oe bC. a 2. Look at that paper, did you find she paper in {they ae ae book ? bib Body oa 4. I Ad hd. 2. Did you read it at the time? 4. 1 did feveral times, I read it firft-to myfelf in (order, to know! what .the: contents were, and.upen -difcovering what the contentswere, I then read. it, to-them,. Qin what manner did. you find: it, in the pocket book? 4. There was fome writing paper in the pocket book, and this was in the writing paper, the top-of ‘the writing paper was. prefled down like:a:fheet of paper folded)together, and the upper part. was rather bent over, fo as to contain this paper within: fo that if I had taken that paper ouf»by itfelf; this would not have appeared. 2, Was it blank paper?! ft It was, at leaft D did» net, fee any writing upon it ; this was in one of the folds of it, not direétly in the middle, this part wasbent over pits fo that it was confined. » 2, Yoware quite fure-this is the fame paper ? A. Yes, I am. 2. Did you receive this paper from Revetts (Shewing ‘him a paper with the addrefs of Hayman. of Deal): A. Yes, he took it.out of the purfe, and I took at.from him, I.took it. out for, the purpofe of identifying the men,* for I could not find any body at Margate that knew the) men. Q, Did you -give that paper back to, Revett, that you faw ne take out.of the purfe? .. Yes, the fame paper. 3, Did. you hear any queftion put to, the, prifonersas to their names ? A. The prifoners swere.afked: as to theiz.namesj theyre- fufed to, tell their names, I defired they, would, not puzzle them aD HI more, about afking them their names... | - Were any more queftions afked them? 4 No. 2; Did you. accompany them to “London.? Se Yes, 1 never parted from them after, 2, Did you fee the paper. (the astabe produces at Bow bin ar A, ¥es, and, faw it marked, Sees Sta? SES Pe ae Mae an eee ee Se eee eo Se re ee \ 123») 2, Was that the fame paper tyou'read at Margate? A, Yes, it had never been‘away from-us,*I' would not open any thing there: ' : : > gi De * 4 Is there any'magiftrate refiding at Margate? 4, There is none,’ I enquired particularly if there was, Mr,. William Twapeny, GrofseExami ted by Mr. Plumer. 2, Lunderftand ‘you to have faid that*you'did ‘not ‘golwith thefe Bow Street*Officers ‘at firft, you came’after thefe i were atrefted? 4. No, it wasin -confequence\ofi'an” arrangement made; that I did not go. with them. 2, Butthe fact was ‘you didnot go? A, Noy notinfide, “I was outfide. Q:: What room! didthey! firft “go ‘into, when they “came into the King’s Head? 4, A parlour below ftairs. 2. At that time had 'they got the great ‘coat below fairs? 4A. Yes, I never went any’ furtherinto the Koufe! 2, In whofe pofiefion was it when you firft faw it? A. Revett’s: 2. Below ftairs ? >: A. Yes) 2, Was any thing taken out of it/in the prefetice’ of thé prifoners? A. l think the things were then taking out in‘the>inffant in the parlour. 4 2, When' the prifoners were prefent? A, The prifoners were’ then prefent, they ’were™ then;'T think, either in the act of ‘taking them ‘out, or had jufPtaken them out. 2, But you faw ee taken out of the great coat’pocket, in the parlour below ftairs, in the prefence of the prifoners? A. Yes. 3 Q. That you-are'pofitive of, ate you’? | A. In the way tate it) I am certain-of ‘it. 2. You are pofitive that that pocket book in particular WY so was sax ( s¥a4- 4) was produced, in the parlour below ftairs, when the prifoners were prefent? A, Yes, and the things were put into the handkerchief upon the table. 2, Do not let me mifunderftand you ; you.are pofitive you faw in the parlour below ftairs, that black pocket book, either in the act of being taken out of the great coat pocket, , or in the act of being produced there, while the prifoners were prefent? A. Yes, and put by Revett into his coat pocket. 2, Whilft the prifoners were prefent? 4A, Yes, it. was in the parlour while I was prefent, I was no where elfe, and could not fee it any where elfe. 2. You are quite clear about that ? A, T cannot conceive that I am miftaken about it. 2, Did you go with thefe two perfons, Revett and Fugion, into any other room? A. Not in that houfe. 2, Did you go intoa room with them, when nobody elfe was prefent, at any other houfe? A. At Benfon’s Hotel. &, The things were not taken out of the coat at Benfon’s Hotel, were they? A, No. 2. You are pofitive nothing was taken out of the great coat pocket at Benfon’s Hotel? A. I cannot fay that nothing was, but that was not, for it was carried by Revett in his coat pocket from the King’s Head to Benfon’s Hotel. 2, And you are pofitive they were taken out before you three got into that reom at the Hotel? ‘A. Yes, becaufe they were tied up ina handkerchief, at the King’s Head. Mr. Wiliam Twopeny, Re-Examined by Mr, Adam. 2, The pocket-book was taken out of the great-coat pocket at the King’s-Head, and tied up in a handkerchief? gk 28, 2, Was ee lil ce ee os RESTA OME Sara ewer Sa Uae ae Se OY SY PY Re ee ee ( 125 ) 2, Was the pocket-book opened at the King’s-Head? A, ph to ‘doe paige and I do not think it ie reg that it fhould?"™ 2. What was your reafon on not going into the houfe? A, Vhad leafned | ‘Mr. Pliner. “We én not want your reafons. Mr. Adam. You did not go into the houfe? WF didnot.) rr? [ The paper read.) The Secret Committee of England to the Executive Direc- “¢ tory of France. <¢ Health and Fraternity ! £ nm ‘© CriTIzZEN DIRECTORS, “¢ We are called together, on the wing of the moment,’to “¢ communicate to you our fentiments; the Citizen who now € Cal préefents them to you, and who was the bearer of them before, having but a few hours to remain in town, expect “ not a laboured addrefs from us, but plainnefs is the great «¢ characteriftic of Republicans. “ Affairs are now drawing to a great and awful crifis; ty- ranny, fhaken to its bafis, feems about to be buried in its “own ruins. With the tyranny of England ‘that of all Eu- “rope muft fall. Hafte then, great nation! pour forth thy gigantic force! Let the bafe defpot feel thine avenging ftroke, and let one oppreffed nation carol forth the praifes of France *< at the altar of liberty. ‘¢ We faw with rapture your proclamations, they met our | “ warmeft wifhes, and removed doubts from the minds of. “millions. Go on! Englifhmen will be ready to fecond your ‘ efforts. «¢ The fyftem of borrowing, which has hitherto enabled our “tyrants to difturb the peace of a whole world, is at an end; “they have tried to raife a kind of forced loan—it has failed! “Every tax diminifhes that revenue it was intended to aug- “< ment, and the voluntary contributions produce almoft nothing “The Ariftocracy pay their taxes under that mafk; the poor writings. Mr} Garrow: We fhall. read» this’ prefently, eavhen we have proved it to have been found in the prifoner O” Coigly’ Ss pocket book. Mr. Attorney G eneral.s\ Look at that «paper! (the paf)GDo you: find there the hand writing of Mr, O’Coigly# Po Met Gs Mr. Frederick Dutton, Crofs-Examined by Mr. Plumer, - You are Mr. Frederick Dutton, I think ? Yes. What are you? A Quarter Mafter in the Royal Trify Artillery. What were you before you were that? I had a commiffion in the Revenue which I hold yet. How long is it fince you were a fervant to a gentleman? I have not been a fervant for fome time, now. oN N fo N fo d do 9 ey Whofe footman were you laft? Ido not conceive that] was any perfon’s footman. Have you any doubt about it? bi I. have a'doubt as to being a footman. Was it butler? (S808 A. Tneverwas confidered as a footman. 2, In-what capacity have you been? : A. T have been engaged as own man and butler, ‘but hever as a footman. ; aah a 2: How many gentlemens own fervant have you been who had no other feryant but you? A, There were other fervants | in the houfe, ‘fuch as 2 a toach. man. 2, You werea livery fervant? MOT may term it that way if you pleatp, oencua I wore my own clothes. ~bolla1boA 2; Do you mean to fwear you never wore-a livery? A, No, I will not fwear that; but I was not engaged asa jivery fervant? &; When ( 738 ) »O:.AWhen 1 put the queftion to you, whether ,you avere a livery fervant, you faid you may put it fo if you pleafe, but [ wore my own clothes? : A. 1 was engaged by Mr; Carpenter,..of Armagh, as, his own man and butler; he begged I would wear the hiv ery till another fervant was got——-when that fervant was got I. did not wear the liver 9. Thea it now, comes out pi you did wear a livery, and were in the capacity of a fervant! ha ¥ es; 9, How many people did you ferve? A. Llived with Captain Bartom, of the 63d regiment four years at firft—I afterwa rds went to Doétor Levingfton, and from:that teMr.Lee, and from that to Mr, Carlifle—and from that> to: Mrs. Carpenter;-—-L think ;that is, the extent of my ae a attended Mr. Coleman too, I for cot him. Q, That is five, perfons.you have been fervant.to.., Upon what occafion were you difmifled the fervice of Mr. Carlifle ? As Vidase fay you will think it fuficient when I tell you, onemy. oath, that Mr. Carlifle. over-paid_me my wages, and | have. never met him fince without his {peaking to me on the moft' friendly terms. , AS. Fuftice Buller. Anfwer the queftion, on what occafion did ‘you leave him ? A. Inconfequence of an infamous woman having told a lie about me, which I believe Mr, Carlifle at this moment believes to be fo. | Mr. Plumer. What was that lie? A. /Things fhe laid to my, charge that 1 was not guilty of, 2; What things ? 4. A numberof things. (Qo Theft among the reft.? Ae SES; | 2, And upon that you were di finiffed ? A. Upon her »information.. was difmitted 5 and I am fure that Mr. Carlifle at this day, from the countenance he always gives me,)is well conyinced I:was not. guilty. 2; Pray See oad Pry Se Bia * aw. — =<. = : a ~ x3 ae fis OSS SS eons Se Bsa tes area: Bose re soma aes She SET ah Re ace LSS ¢f _ ( 739 ) _ 9, Pray how often have ‘you been’a witnefs: ima Courftot Juftice: 4A, Am I to include this time? QO, Bither include*or' exclade it. A. Y was twice before, “Oy Uponwhat odéafions? A. I was brought as a witnefs againft one Kayne, in Down Patrick, 4 man who was executed; and'P-was'brought againit one Lowry, at the laft Down Patrick afize. 2, Were you a fervant when you were brought as‘@ witnels = Ln | =) wv A. Twas nots 2, What were you? 1899 A. T was then keeping a public houfé and evaderys during the time Iwas 'a fervant, I “kept a public houfe’ and grocery: too. 2, While you were a gentleman’s fervant? A. Yes; my wife’carried on the bufinets: 2. Do you mean to fwear that you -keptia public. houfe during all the time you were a fervant ‘to thele ‘hve different gentlemen ? A. From the time that I lived with Mr. Coleman til T left Mr. Carpenter, I kept a grocery ‘aid public houfe::' I had a grocery licence the whole time ; but I did not the whole time I lived with Mr. Coleman keep a public houfe. 2, Did you keep'a public houfe or not ? Foi VB 2, Without a licence? A. No Thad’a groctry licence from the time I lived with Mr. Coleman till J left Mr. Carpenter’::-I had: the’ public licence part of the time, but not the whole time: 2, From the time you ferved Mr. Coleman; ‘you hadsthis licence for a public houfe? . A.° Yes: 2, But before that, you were nothing but a foantai? A. Before I went to Mr. Coleman, nothing elfe. 6, 2. 1 believe you’ were difcharged from Mr. Coleman's pon a fimilar charge ? Ait ( m0 ) AD wasnot. 2, Upon what occafion were you difcharged:by Bind P A. In confequence of his eohabiting::with another man’s wife;iandmy-difcovering it; and he took a prayer-book, and wanted me to take an oath that I would not difcover it3,and he offered me twenty guineas ; and becaufe;I;would-not take that oath, he difcharged me. 2, And you mean) to {wear upon your:oathyyouwere not difcharged becaufe fome:money was miiling out: of a:drawer? A. By virtue of my oath, and/as.1fhall anfwer:it:to‘Gad, never heard;it from that day to this. 2. Do you recolle& a perfon of the name of Laver? A. Very well. 2.) Do: you remember threatening that you would bere, venged on account of this bufinefs of Mr. Coleman’s? A.V do not recolle& any fuch thing. 2, Will you fwear you never faid you: would be revenged ? A. 1 might fay that I would make him make apfair fettle- ment, when he took my books and burned them. 2, You will fwear you never faid that ? A.\I do not recolle& ever having {aid that I know at different times I confulted with Mr. Laver, in what manner I hould preceed fo as to bring Mr. Coleman to a fettlement—= When I quarrelled with him, he burned the books... « « 2, You once lived at Dundalk, did not you? we. “Mes: 2. You donot live there now? A. I do not. &. 1}. believe you lodged fome charge before q magiftrate ‘there, againft Mr. Coleman, your matter ? ‘A.J did to:an attorney, not to a magiftrate, 2: Soon after that, you left the place ; did not you? wv. Yes. 2:-And went to a diftance from thence Y ou have never applied ‘to be rewarded for your evidence any where when you werein Ireland? ot. Tbelieve not, las Yow believe not-———Y ou muft know whether you have wi a or PP RS SPS SC Disa a ee eer 2 ( 141 ) or not Did you ever afk for a place of Mr« Cook, the Se- cretary, in Ireland? ; A.A believe I never-have afked Mr. Cook for any thing. 2, You-never applied to him upon any fubjectoof «giving you any thing ? A, Vbelieve not. 2, You muft know whether it is fo or not? A. Twill fwear to the beit of my belief.. 2> Aman can hardly have forgot the cafe of:anapplication to the Secretary.of State You, who were once a common footman, and are now a quarter mafter, as you reprefent, can tell whether..you have ever afked a place of the Secretary. of — »cI havernever afked:the Secretaryof State for any thing nor nae ernment for any thing ; and I do not confider sale as indebted to me; for I have done no more than amy duty : but d:do:hope Government will: provide for! my, family, cand protect me: 2, Have you never applied: for a-quarter mafter’s warrant? A. I never did, upon my-oath. . Q. ¥ou-fwear to. hand-writings know» your own hand-writing that-letter? A. I believe itis my hand-writing—I really: do ;not kage the contents of it I know that I never applied: to Mr. Cook, either by letter or otherwife. , 2. The queftion I afked. was, whether you ever applied to any perfon for a quarter mafter’s place ? A, -Inever did I ‘believe that letter was to Lord Git hampton ‘There »was an anonymous letter fent to meat Newry, to bring«me upiin the dead of the nights :a. man was murdered) that: night : this letter was figned Henry, Euftace, ordering my attendance at the Caftle at Dubliny. \I never knew Lord. Carhamptonm;) but. upon enquiring whether I could: fees his Lordfhip,. I went to him, and. faid, in-confe- quence of your Lordfhip’s letter, I am come here} in obedience to your Lordfhip’s commands. He faid; I) donot ‘know you: who are, you. I faid, Lcame: in) confequencé of a Let me: fee if syou Look: at thenfignature! to letter cae letter I received Jaft night; I gave Lord Carhampton -the letters "he brought mé into “his own’ office's ‘Captain’ Euftace was along with him. ‘On looking over it, they found it’tobe a counterfeit : Captain Eufftace faid; itts like my hand; but I fwear T ‘never ‘wrote it. You have had a’ moft miraculous efcape, faid Lord Carhampton. Mr. Gurney. This certainly is not evidence. Mr. Plumer. He is telling’ along’ tory about what paffed between him and Lord ‘Carhampton. Mr. Fujptice Lawrences Y¥ ou afked ‘him ifthat was as hand- writing : he is explaining the letter. Mr. Plumer. He has pofitively denied that ‘he ever ‘applied to ‘Lord Carhampton for a quarter mafter’s’ warrant! A. T faid, I-did -not’apply to Mr. ‘Cook: Mr, Fuffice Buller. He*has jut faid, that “he did apply to Lerd Carhampton. ; Mr.’ Gurney,’ Myr. Phamer’ afked ‘him, if ‘he evér applied to Mr. Cook : he faid; No. Then Mr. Plumer asked him-ge- or if he appliedito-any‘body-: ‘he faidy No. Mr, Fuftice Buller. 1 have taken jt ‘fo. Mr. Plumer. My queftion to him was, whether he thad ap= plied: or not ‘for-a quarter mafter’s warrant ? __ 4.1 did not apply for it. 2, You never did,'to-any'body? A. I did not. &; Not to Lord Carhampton, nor any*body,elfe ? 4, He firft promifed it to me 'before I wrote any. thing to him about it; then I wrote if I might go down: ‘tomy, family in'the Notthi 2 Phen’ T underftand ‘now, that ‘after ‘he ‘had promifed, you did apply to him, to‘remind him of his: promife, and.to de- fire ‘he would remember ‘it? ~ AS That'might have’ been the cafe. * Q:Am Ito underftand that that was 'the fa, or'not ? “AL AS far as‘T recolle@; I-wrote-to him, begging he would give me an-anfwer, whether I ‘muft ftay in towh, or go to any ‘familys’ that it was’ more than I--could afford, ‘to > be amyfelf in ‘one place, and my family in another. BS Cre a Sas a PRG NG, RRR oe Ta Uy PE aR er SRC RRO ERT Ure cea See ere eee ( 143.) i 2. Was. that before, or after you_had been examined as, 2 . witnefs ¢ A. After my firit examination as a witnels;, I believe 2, Were, you.in the capacity of a fervant when you were examined as a witne(s? 4A. No, I was not, 2. How long had you ceafed to be fo? 4. A ‘few months. han. _. 9; Both the times when - you» were..a_witnefs, -you,thad ceafed a few months at each time ? A. Yes. 2. You, have fife you faw Mr. O’Coigly.write.., Upon what occafion did you ever fee him write? ; 4, On -various -occafions: I have feen him. write letters and notes ; I have carried notes to the Poft-Office for him,'and can relate a fingular circumftance to you and the Court. 2. I donot want-your fingular circumftance. Mr. Garrow. The witnefs is entitled to give the anfwer: Mr. Plumer. Your Lordship fees how he tacks thiags or to his anfwer. A. There was a-poor man‘of the.name of Coleman in the gaol of Dundalk: he was under fentence’ of tranfportation, or death, I-cannot fay which: he was taken very ‘ill jee Mr. Plumer. Don’t tell us abotit fentence of tranfportation, or death, without producing the proper-evidence of it. Mr. Garrow. He was in‘prifon? pay 4. Yes; this man*had a ‘wife, and was in great diftrefs: the man’s wife ufed to come ‘to my little ‘thop-fortea anc bread, and what they wanted: fhe had no money, and left- her hufband’s watch in-my poflefion for the goods the wanted. Prieft O’Coigly, ‘I beli ieve ‘through an’ aét of charity tothe poor man, took upon him to have this, watch raffled, to relieve ‘the poor, man:’he*took a piece’ of paper, and put, his own name, and after that about a dozen more, and:defired me to call upon thefe'people, and they would -give mea: fhilling a piece; he gave me‘his fhillintg, and faid: he would coll act more about the town. : Mr. ( 144 ) Mr. Plamer. Upon that occafion you faw him write? # Yes. 2. How many times have you ever feen him write—~ Have you feen him write three times ? 4. For more than twelve months together I have feen him write two or three times a week regularly—He ufed to come to Mr. Coleman's room every day—I do not think, during the fifteen months I lived with Mr. Coleman, he was with him upon an average lefs than two days a week. 2. Look at that paper, and tell me whether that too is your hand-writing ? A. I {wear that is not my hand-writing. 2, Look at the back of it ? A. My name-is on the back of it; my name, in my own hand-writing, or elfe it is a very complete counterfeit, it is very like it. There is nothing my hand-writing but my name fubfcribed on the back ; the other I know nothing about. 2. I believe you were examined upon one of thofe oc~ cafions, as a witnefs againit one Lowry ? A. I was. 2. Upon that occafion do you remember your faying that you had been {worn not to divulge the fecret ? A, \ did. 2. And the way you got out of it was by faying the book you fwore on was a book ‘* Reading made Eafy 2” A, All that is true—I fay this, that an oath was propofed, and that it was to be on a “¢ Reading made Eafy,”’ I did not conceive that I was bound by it as an oath. 2. You had bought fome plate of this man? Ai Xe. 2. You fwore to fecrefy upon this book, ‘* Reading made Eafy,” not to difclofe that you had bought it? A) X85. 2, Afterwards you came into a Court of Juftice, and {wore again{t him? 4. 1 took the oath at that time with the intention of doing fo; it was with the intention of apprehending the robbers that I did Ruse 2S EAS So ra pach pe ace Ty eB La be A a ee NE sme ( m5 ) T did it, by the directions of Major Walton it was not my own money tl nat-I purchafed it with. Mr. Frederick Dae oil ResExamined by Mr. Garrow. &. You were examined in,a Court of Juftice under the ufual forms and fanétions, fwearing on the Evangelifts?_ A. 1 was. 2, And upon, that_occafion you difclofed an illegal oath which had been adminiftered to you, upon a book which had no folemnity nor fan€tion belonging to it? 4, -I did. ;, And which oath was, that you would conceal a felony previoufly committed? A. "Ves, 2; Was the oath adminiftered to you, or did you take that book into your hand, and fwear yourfelf? 4. It was adminiftered to me. 2, In order to be able to difclofe a felony previoufly com- mitted, upon the fubject ef the plate; if I underftand you right, you purchafed the plate, and undertook, upon, this ille- gal oath, not to difclofe the tranfa&tion ; you were afterwards called upon in a Court of Juftice, under the folemn fan&tion of 2 legal oath, to difclofe the tranfa@tion? A, 1 was. 2. Did you difclofe it truly ? x I did, , Did you attend Mr, Coleman whilft he was ih priion? A. I did, fifteen months, 2. Do you know what he was in n prifon for? We . Plumer. ‘That muft be proved in a proper for. Mr. Garrow. How long have you been a Quarter-mafter? A. I think fince laft November ; I have my warrant in my pocket. Mr. Plumer. With his Lordfhip’s permiffion I wif to ‘afk whether the man was acquittéd or convicted about the plate? * Mr. Garrow, Mr. Plumer has forgotten his own objection of not having the record here. L, Mr. ( 146 ) Ur. William Lane, (Sworn.) Examined by Mr. Gacrow. 2. Are you acquainted with the hapdawriting of . Mr, O’Connor ? A. Tam. 2.. Have you feen him write? A, I have. 2. Have you feen him write often enough to have formed an acquaintance with his character of hand-writing ? A, T have. 2, Look at that paper; do you, from your knowlédge of Mr, ©’Connor’s hand-writing, believe that paper to have been written by him? A. I do. [The paper read.} “© Dear Jones, ‘© Our friend Bell meaueks yowwulodine ; / 4 with him this.day at five o’clock. I hope to fee:you. “ Your’s ever, “¢ Sunday. sl © A tole Mr. William Lane, Crofs-Examined by Mr. Dallas. 2. I believe you are an attorney, and live at Cork ? A. lam attorney, and do live at Cork. 2, At what time was Mr. O’Connor Sheriff of the county of Cork? A, He came. into the office in February, 1791. 2, I believe you were his Under Sheriff during the time. he ferved the office? A. 1 was. 2, Was not Ireland at that time in a flate of confiderable difturbance ? ' A. At the end of the year it was. 2, Was not Mr. O’Connor at confiderable expence, to main- tain the tranquillity of the county? ~ ASS sg ( 147 ) 4. Lbelieve him to havé been a very good High Sheriff. Mr. Garrow, This paper has been proved to have been found in O’Goigly’s pocket by Revett. “Do you; Mr. Lane, believe that to have been written by Mr. O’Connor? A. it is very badly written, but I believe it to be shis-hand- writing. | Mr. Dallas. Vook at it again, and‘ tell me‘whether you will take upon you to fwear that that ‘is Mr,'O” Connor’ s hand —TI am fure you will not do what’is wreng? A. T certainly believe it to be Mr. O’Connot’s hand-wiiting. [The Letter read.) “e.My dear Captain, “ Tenclofe you a banksnote’for°fol. Tam forry it «¢ is not in my power at prefent' to-aecommodatée you ‘farther, “as: I have been difappointed ‘in Yeceiving remittahées from «Ireland. I mentioned'to you'my having fome bills of Flan- ** nock’s, which are here -perfe@ly ufelefs to mes Shall J fee © you before you goto the country?! Particular bufinefs pre< ** vents’ me from calling on you this ‘morning. & “Your? Sy £6 A + a ea ff Twelve ° Clock.» a Addreffed to ‘* Lieutenant Johnes, “¢ No. 14, Plough-court, Fetter-lane.” + The reft of the fignature illegible. Mr. Attorney General... I would afk whether thefe two let- ters are Mr. O’Connor’s hand-writing ? Midr. Lane. , They,are. Mr... Atiorney, General... I.mean.to read them hereafter; the firft is a letter to Lord Edward Fitzgerald, the other a letter to Mr. Roger O’Connor. Fames Claris. (Sworn) Examined by Mr, Adam. 2. Do’ you know the prifoners at the bar? 4A. One I have feen before, Birins, L2 8. Do Sine ae Meer So Se ee eS, en eee rey NOT Ce Sar eee nr ke ee { 148 ) 8, Do you remember his coming to you at Canterbury, ort the 23d of February. laft? A. It was about that time he came to my fhop, about the 22d or 230.5, he introduced himfelf to me by the name of Wil- liams, he made an apology for introducing himfelf to me as a ftranger. In the courfe of converfation a perfon’s name came up that I expected was the perfon that recommended him to me, a Mr. Rickman, in London. ®. After he had introduced himfelf to you, did he afk you any queftions refpeCting the coaft of Kent? A. He faid he had bufinefs on the coaft of Kent; that he wanted information refpecting people on the coaft engaged in the fmuggling bufinefs. 2, Did you give him any information ? A. J told him that my acquaintance with people of that ‘de- {cription -was but little; but I apprehended at any place round the coaft he might find numbers of people engaged in that bufi- nefs; he'afked me. the way to Whitftable ; 1 directed him the way to Whitftable ; he afked me if I could recommend him to any, perfon at Whitftable 5. I faid there, was nobody there. that I could take that liberty.-with; he afked me the names of the public houfes in the place; I enumerated moft of them that I recollected; I recommended him to one houfe in particular, knowing the landlord of the houfe, Mr. Kitchingham, the Duke of Cumberland. Q, Did he afk you about any gentleman in Canterbury that he was directed to? : A. Yes; he afked me where he was to find Mr. Mahoney, I went with him there, he introduced himfelf to him in a fimi- lar manner as he did to me, but I did not hear the whole that paffed betweeen them, I had occafion to go away ; when I came back again he was there, I repeated my directions:again of the road to Whitftable. 2, What time in the evening was this ?. A, It was in the morning, I fhould fuppofe, about. eight o’clock ; it was before my breakfaft-time, 1 ufually breakfaft between eight and nine, 2. What inn did you firft fee him at? ‘A. The See bese ai Ht We ee me Ve 2 . 2 : S eel sik He a eS Haas ins ae A AERTS LORRI ELS Sao ( 149 ) A. The firft.time I faw him at any inn was the evening.of i fame day. 9. Did he go to Whitftable ? 4. He did, as I fuppofe; 1 faw. him again in Canterbury that evening; at_a porter-houfe, a common public room for ftrangers and inhabitants fhop-keepers. Q. Didshe afk you any direétions to any other place ?* 4. In the courfe of that evening he told me he thought he fhould not make it do at Whitftable, or fhould not fucceed, or words to that effec’; I gave him a direction ; after fome~Con- yerfation he {aid he fhould go to Deal, could I recommend him to any perfon in particular at Deal; I did fo. 2, Who did you recommend him to there? A T recolleted a perfon I knew of the name of ' ‘Campbell; and.I wrote him a note, which he carried to Mr. Campbell. 2: Is that the note you wrote? A. Yes; this is my hand-writing, [ lt was read.] ¢¢ Dear Campbell, “¢ Canterbury, Feb. 22, 7798: “ ‘The bearer (Mr. Williams) is. a friend ‘© of our. friend Clio, and appears to want fome information « w on bufinefs, of what nature I know not, but fuppofe inthe € n {muggling trade ; from the recommendation I have received <¢ he appears to be worthy of affiftance, and having no friends “¢ in Deal, he wifhed me to write a note by way of intro- < duction. You will excufe (I hope) the liberty I take, ‘and n cal * judge.of him from what you hear from himfelf. jucg : : © I remain, dear Sir, © Your’s, refpectfully, “© James \CLaARIs,? Addreffed to “¢ Mr. Campbell, Pilot, Deal? Mr. Adam. Did he tell you any thing of what had pafied at Whititable ? _ A. No; but that it would not anfwer his Lea 2, Did he fay any thing about the hoy? L 3 Ae | 4 La ( 150 ) 4, He faid in the morning he wasigoing to Whitftable ; he expected fome things down by the hoy, and fome friends: that was in the morning, when he firft introduced himfelf.to me: 2, Did he fay any thing about the hoy»when. he came back to Canterbury ? : A. | do not know that he did in particular ;_I-believe fome- thing pafied that I recollected the hoy generally came im in the beginning of the: week ; that. veflel feldom comes in till a Monday. I had occafion to write to a relation of mine at Deal, and I put a poftfeript to the letter. &, Does that poft{cript relate to Williams ? A. It certainly related to Williams. F 2, When did you fee him after this ; did Williams, or Binns, as you know him now to be, defire you to write that poft- fcript ? A. Yes; I told him, having occafion to write to a friend, I fhould put -a poftfcript to this perfon, that he might, if he pleafed, call upon him. | Mr. Dallas. Wis being defired to write a letter is evidence; but the contents of that letter is not evidence. Mr, Adam. No; but that he wrote the’ poft{cript in ‘canfe- quence of a converfation. When did you fee him after that’? A. Sunday evening afterwards I faw him again in Cantere bury. . . Where did you fee him at = time? A. Ata public houfe called the Sun, in Canterbury. 2. Who was with him ‘then? 4, Mr. Mahoney came up to me in the evening,’ and told me Mr. Dallas, You muft not ftate what pafled with him. a. if he way I came to fee him then, was through the invi- ation of Mr, Mahone ey to ga down and fee Mr. Williams ape aga 2, Who was with him at that time? A.’ There was nobody in the room when I went in; but I went with Mr. Mahoney and another friend or two from my hae I had fome converfation with him, and then he admit- ted that his name was Binns, yey Oy 2, What Seep IONS ae : es is Soi aes a — a ates aie cs ie Rear eS - ad Se ee 1 gy Se ted Aras SS hs SSSR CS A A eas an ( 151) 2, What elfé did he fay? A. Hesfaid his \reafon forgoing, by anogtier name Way. being fo lately:tried: at. Warwick Afiizes, he thought people might make impertinent/enquiries. 2, How long might you remain with him there? Ay Probably two:hours: 2 Didsyow fee: any:moreiof:him:? A. I neverfaw him again till I faw him» at the bar. 2. Did you mean Rickman, by Clio? A. Yes. Thomas Clio Rickman. (Sworn.) Examined by Mr. Garrow. 2. I believe you live in London? Me XB. 2, Are you acquainted with a perfon of the name of Claris, at Canterbury? | A, Yes. 2. .Do you know: the prifoner at the bar, Binns? 4. No; Idojnot recolle@, ever feeing him before. 2. Did. you ever give him any introduction to.Mr, Claris, either by letter or meflage? A. I never did. 2, Your name is-Clio Rickman? A. Yes. 2, And you are known by that name to Claris? 4,. Very well, fome. years ago. | Kean Mahoney. (Sworn.) Examined by Mr. Solicitor General. 2. You are a fifhmonger and fruiterer at Canterbury ? Zw, Lam. +2, You have formerly been in a different Situation, I believes A. Yes. 2...Do you know Mr. Binns? A. Yao, Laj L 4, : x; Do (2482 )) 2; Do-you remember his.coming: with Mr, Claris at any time? #41 do: . 2,. When was that? 4. I cannot:{peak politively.asto:the day, but it was fome- where in the latter endiof February,:1 believe 5 Iiknow it\was on a Friday. 2, Did youknow him before hecame:to.you with Claris? A. Nos dineverfaw him before. Qs What converfation had you with him? 4, He told me‘he was recommended by a friend of bike toicall on me. 2, Who was that friend? A. A Mr. Bailey. 2, Of what place ? A. Ido not know where he was then, but he formerly lived ‘at Foreditch, near Canterbury. 2, Did you know what.was become of Mr. Bailey at that time ? A. No. 2. What did he fay when he introduced himfelf to you? A. He told me there were fome friends of his were very much diftrefled to get to the other fide ; that they wanted to eftablifh fomething in the fmuggling line, and ‘that he ‘was anxious to get them on the other fide; that previous to his leaving London he was direéted to call at Whitftable, that he wifhed to know if I knew any perfons there that were -ufed to letting boats ; I told him I did know,and mentioned the name of one in particular, a man of the name of Foreman, 2, Where did Foreman live? . In Whitftable. 2. What is he? : He belongs to the Oyfter Company of Dredgers. 2. Did Binns afk about any body at Whitftable ? A. He faid he was direfted to a perfon-of fome.other name which I do not immediately recolle&t; but I fhould recolle& the name, if I heard it—it was of the name of Appleton. 2, When he faid he wanted to go on the other fide, did ‘he fay to.~what place? 4. He SE eee sub ete ote. es eae Th NBS a DS Sala aac ( 153 ) A. He did not fay he wanted'to gos but'he had fomé ‘frignds in London wanted to go on the other fide, ‘he faid either te Flufhing or Oftend. Q, Did yow fee Mr. Binns again that'evenine ? A. Tfaw him on«his return’ from comma ts that was, I believe, that evening. 2, What converfatior’ had you with him then ? A. Vasked him how he was likely to’ fucceed, he told me he feared not at all. Tasked him why’; he faid' they were fo:ex- orbitant in their demands, that'he was afraid’ he could:not com- ply with them 2. Did you fee him after that? A, On Sunday I faw him, he called at a public houfe where I was, in Canterbury, on horfeback. 2. What was the public houfe? A. The Shakefpear. 2, What did he fay to you then? A, He told me he was-very much’ fatigued, having: rodé from Gravefend, and wifhed to reft himfelf; and defired me to recommend him to’ fome houfe where ‘he could be more private and’comfortable than he was where he was laft. 2, Did he fay where he had been? A. That he had been to London. 2, Did he tell you what for? A. J underftood it was to acquaint thofe gentlemen with his journey to Whitftable, and the refult of it; he did not tell me that. 2. Did he fay when he left‘ London? 4A. Yes; he faid he left it in the morning of Sunday, that he got to Gravefend in one of the Gravefend boats, 2. Did he tell you how he got from Gravefend to Canter- bury? A. On horfeback. Q) Didche fay any thing more to you about his reafon for coming back ? A. He faid'the gentlemen were not at London that hée'want- editofee) 2! ( 154) ) »2Did he fay any thing about thofe-gentlemen, whetherthey were coming, or what? A. No. '_.@, Didshe mention‘any thing about the’ Whitfable hoy ? A,\ He faid he, underftood.they: were to come by the W hit- ftable: hoy 3, but he could not tell any thing, of it, becaufe they were gone, he-faid, before he came out) of London. 2, He faid he wanted:a quieter houfe-than he was at before; what houfe-was he at before? A, The Rofe, he:told me; 2. Did you recommend him to any houfe? 4A. J did. 2, What was that houfe? A, The fign of the Sun, kept bya man of the name,of Cloke. 2. Did you go with him there? A. I did. 2: When you gof there, did he defire you to enquire about any letters? 4, No, he-did not ; he faid he wifhed to know, whether.there were any letters for him at the Office, and wifhed to get a fervant boy in the houfe to. go, to enquire, for them; I told him I would go, as he was fo fatigued. 2, Where did he direét you to go? A, To the Poft-office, or to the Fountain; I went to the Poft-office. 3 2, What did you enquire for? 4. Letters to the name of Williams, addreffed.to the Office, er to. the Fountain, 2, Did you find any letters there? 4. The Poft-mafter delivered me two, addrefled to the name of Williams. 2, Where? Bf A. Ido not know exaétly, for I did not take upon me te read them. 2. Who paid for them? A. I did, and. was repaid by him when Ideliveredhim the lettersy i Ea SE a eR cis oye ae GS EO a Se Sia ( Beet] letters, Which -wasoimmediatelys J) know nothing: of | their contents. 12, S198 2, Look at that letter. A. Pfee itis direCted' bythe name of Williams ;°but I can- not fay this’is'the letter’: -Isput them bothin my pocket as foon as I received them: from the! Poft-mafter, and°didunot examine. them at all; Ithought'it'a matter of impertinence'to.docfucha thing > 1 tookthe Poft-mafter’s word that they were. directed for him, I took themand put them immediately into my pocket, and delivered them to Mr. Binns, and he paid me for*them. Kean Mahoney, Crofs-Examined by Mr. Gurney. 2. Mr. Binns defired you to enquire for letters by the name of Williams’ ? A. FRE Grd: 2, Did he give you any particular reafon for not going by his own name? 4. He did, and it appeared to me a very fufficient reafon : he firft introduced himfelf to me by the name of Williams; then, after having mentioned his bufinefs, and finding I was a native of the fame kingdom he belonged to, he told me he hoped he need’ not ufe any more difguife with me ; he told me he would inform me hig name was Binns, and the reafon why he did not con- tinue that name, was, his having once been tried for an offence. againft the laws of the country, and that though he was ‘ac- quitted, he underftood Canterbury to be fo curious a place, a inquifitive, that he did not chufe to go by his own name. 2, Did he tell you he underftood his letters were opened at~ the Poft-office, that were dire&ted to him by the name~o Binns? : 4. Lam not pofitive of that; but I believe there was fome- thing of that kind paffed. 7 2, You ifaw him afterwards, I believe, on the Monday morning ? laren A. (did. Q. Upon’ that occafion did you go to Claris’s fhop, and purchafe a map of Kent for him? 4, He ( 156; ) A..He came to me in the forenoom about twelve o’clock, [ prefled him to flay dinner with me, he declined it, and begged I would go and purchafe a map of Kent for him, which | did. 2. Look at this map, hasit the appearance of being ithe map ? A. This has the appearance of being fucha map as I bought. . Did-he: borrow. any article of clothing of you on that Monday ? A. Yes; hefaid, not having ity luggage, he wanted a fhirt andmmeckcloth.«: I lent hima fhirt andineckcloth ; lwas abliged to.call for his, in order to have them, wathed againft his return, 2. How foon did he propofe returning ° # I underftood in a day or two. '; And you. got his linen wafhed for him againfthis.zeturn : é Pade 2. You didnot underftand that he was going abroad? JA, Na,.I never underftood fo, William Kitchingham. (Sworn.) Examined by Mr..Garrow. I believe you keep: the inn, known by the name of the Duke of Cumberland, at Whitftable ? ai eY ies: 2. Do you remember, on: Friday the 23d of February, feeing any perfon at your houfe who is now in Court? 4 4.:-Yes,, that man ( Binns.) 2. He.came to.your houfe? A, Lai 2: What did he fay to you? A. He enquired if I knew a Mr. Mahoney, a Fifhmonger; at Canterbury; I, told him I did not: if he had, pronounced it Mahon, I thould have’ known it ;:he then afked, me whether I i) knew Mr. Claris, a Stationer, there ?).J faid yes-He faid-hewas I knew Foremanjor-Appleton of Whitftable?, J afked him which ? recommended to my houfe by Claris. He-then afked..m li z é ia) pen ce the Appleton’s, for there were ifeveral?. He faid the one|that had got aiveffe! ;. } told him:that that Appleton was) at- Chat- ham ; he faid he was going te Canterburyis> heafkedsme if - I) > choupht, ih) ] ; | a ee a 8 a lin nie Ge Be bel Ge NL LS ¢ 157) thought he could’get a veflel-to go.onthe other fide’; I-fuppofed he meant to Flufhing; J told him I ebisufils not, ass the navi- gation was {topped. 2° Was there Flufhing? an embargo at “that time upon the'thips at A. Yes; he told me he'thought it was not: 2. Did you mention any other place that he might-go to? A. Yes; I told him he might get over to Cassie aud he faid that would not do. he might be aswell where he was. I afked him then if I could not fend for fome mafter of avefleF3 I told him I would fend for Foreman, and went out for that purpofe. Q. Did Foremanskeep‘a veffel ? 4A. He has part of fome veflels which belong to.the;Oyfter ground. I faw Mr. Foreman near my, own door; I told him there was a man.atmy. houfe wanted to go on the othervfide; I told him I did not much like him Mr. Dallas. You muft not ftate any,thing you faidyto Fore- man when’the prifoner Binns was not prefent. Mr. Garrow. Did yow introduce him to Binns? A. Vdid. 2, What paffed? A, J left him alone with Binns. 2, Did Binns ftay-there and dine ?,- . A, Yes, he hadfome oyfters, and went out afterwards; and he told me. he. fhould return ‘in. two hours,-\1aiked him. if he had got a fatisfa@ory anfwer from Mr. sain when. Pore- man-left him, he. faid he fhould know when,Appletén came back, he was gone to his owners; he went out then; he;re- turned again;..and afked. mewhether Appleton was ‘conié back I told vhim no. Appleton. afterwards,came’ with) Nofris ‘and, Foreman ; they -went.into.a.room, by. themfelves3\ 1. wasaide prefent at: their converfation ;. 1- heard no-difcourfe till /Binag was gone. 2, Viouomud not fate what they. faidjafter Binns’was one Had you-any further difcourfe with Binns? A. No. ; When:did Binns quit: your houfe? ( 158 ) Aj: He went away about/one o’clock, and left theni ‘there. . QeAreryoufure this is the:fame perfon? Alam. : t ; i William Kitchingham, Grofs-E xamined: by Mr.-Dalilas. ! You do not know what paffed in the room ‘between Nor- ris and Appleton ? A. No further than’ carrying in liquor, but I-didvnot ftayoin the room. a ai Ta a lt ee Edward Appleton. (Sworn.) Examined by Mr. Fielding. 2. Do-you know'the perfons of any of the prifoners’? 4, Yess the'middle one, Binns. 2: Did you fee him at Whitfableon the 23d of February ? a YES. ee ee a ee — 2, What time of day was it? 2. At what houfe did you fee him? A. At the Duke of Cumberland. 2. How came you to fee him? A. J went 'to him there. Q. Was any body in company withhim when ‘you went inte the room? ; ! A; Between twelve and one o’clock; when I firftfaw him. | | A, No; Foreman and I went in together 3 it was between twelve and one. : ; 2, What was faid when De and: Foreman went into’ the room ? A. He addreffed him(ele to me, afd afked me what he fhould give me *to take him acrofs the water, I told“him’the tintes were particular, and there was an embargo in all the ports, and Iicould ‘not'engage till I had‘feen my owners? 2, When you firft went into the room, was there any con- verfation about you or Foreman, asin you were? id. nNod : 2, Then upon your making this© obfervation, “in atifwer te- Gueftion, “what more veiled between you'?: bis A. He SBN ti atias VS Dy LR eNO ee ee Se ee Se RR Or > SRN nl ee (( 859 )) A. Heidtked: me feveral times what’ he diouldigive me; I told him I could:not engageowith him till Ifawamyowner; I would go to Herne Bay for that puipele, and would:be ba¢k in two hours. t 2. How: far is itn Bay? A, About five miles ; we parted; after I got out of the door, he atked-meugainihewnmnuch he fhould give me for taking him acrofs; I told him I could not give ae an anfwertilld& had feen: mycowner, 2, The queftion was pr youagain when you were going out of the room :|you faid.it was anfwering no purpofe talking about it till youchad scp your owner? ~~ Y:63, Y, Did Foremanday any thing to.him while you were there? 4, Yes; but I do not recolleét what Hoeneman:faids 2 Do! you reeellectany aaetioe that hi’ afked. of Fére- man? A. No, not:in particular, Q; Was any thitig more daid at: the door when, you wer going away than -what:youshave sélatedé A. No. Q, Did you leavé:him at ithe heat! A. Not atthe houfe; I went to MredNorrisom ysowner. . 2, Whenmyourhad:feen Mr. Nonriss:did yowand. Mr) Norris fee Binns again? Ai MRSsE 2; When was that 2 4.éxbout four ii the afternoon. 2, Was itatothe fame houfe you had feen him at befure fic Ae i VS: 2., Was Foreman in company with you at thatetime 2 he ¥ 8 2, Then you were)all four, Norris, Foreman, Binns, and) yous) ina room together? : 4. Yes. ytuod oi islioy 2, Now relate what vaffed at that time. Didhe pct bbe converfation with you, or you with himr?.: a 4, The firft converfation,-I believe;was: bet aeaNapr 1S and ( (t60_) and Binns; he afked Mr. Norris fir what:he fhould give him to hire his veflel: to carry him acrofs: the water.to Flufhing,; Dunkirk; or Calais? ; 2. You had told him before that Norris was your owner ; did h he know that the man you brought with-yeu ‘was. Norris? A. T told *him fo. 2; Now tell my Lord: and the Jury panies what he faid to Norris? A. Norris faid it was hazardous and a great«expence,; the veffel being ftopped, and foron. - 2, Did he fay any thing to Norris stony he:faid ithat ? A, He afked him what ‘he fhould: give himito carry him acrofs the water to Flufhing, Dunkirk, Calais, or Havre? MroNorris faid he could not think about. letting his. veffel go without he‘had fecurity for’ her. » He afked him. the value-of the veffel, and Binns‘éalled himfelf. Williams” at that time ; Norris afked three hundred guineas; Binns afked did. he take him for a child, to afk any fuch fum as that 3; and theré were fome? words: between/Mr. Norris and Mr. Binns ; they agreed for 150]. for the paflage to: Flufhing, and-that if the veffel was brought fafe back, he would pay a hundred inftead of ahundred and fifty. Then Binns afked when fhe would be ready ? ‘Norris faid,. Sheis’ ready now, I was juft going to fend her away for fome oyfters, Binns: faid, ‘It don’t . matter whether, I bring three, four, or half a dozen. I anfwered, It: is no matter how many you bring; when you come I. fhall be ready. Then he told me he fhould: ibe down again on Sunday; I told him I thought he could not be back by Sunday. He fai, why not? this was Friday night; ‘he could be down again by Monday. 2, Didhe fay he was going up to town then? 4, Yes, and meant to be down on Sunday; and-I faw'no more of ‘him till I-faw him) Were, you acquainted with Clio Rickman? #4. I was. 2, Upon reading the letter, what did; you fay to Mr.\Binns, by what name did you addrefs him? ; A.. By the.name of Williams,; I afked him his, bufinefs, he told me that he wifhed to get a paflage to Flufhing;.I told him, J thought it was..at prefent impofible, as.there was an argo laid at..Flufhing. ther 0 Did you add any thing more ? ( oy ) A, I did not afk him any reafon, nor he did not giVe any ; he faid that the-veflel, would: ‘not: -be detained»more than three hours ;nthat-he. fhould ‘return ‘inftantly- an her af he’ Werit. to either: of the.ports. Hort 2, Did he fay how many people weré toigo? A, I, will; tell you prefently.; Mr. -Appletons| who: was maf- ter of the veflel, objected to going to either l6f thofe ports she faid he was not capable. of taking the vefléh:td eithér}ofithe places except.Iluthing ; he faid, if fhe goes'to Fluthing what will you have provided fhe brings back:-a crop; I faid,ifi fhe brings ‘any thing back I will have a hundted! pound, ‘whieh was agreed upon; then he afked when the veffel wouldibe ready for fea, I told him fhe would be ready, at any: times® for fhe was then ready to go for a freight.of oyfters); he faid he + thought he fhould be ready by Sunday, and) it) ended by® his faying, 1, William. Williams depofit this money) fersyour, fe- curity in the Canterbury bank: then he took: his: leave,-of us.~ 2, You mentioned juft now ‘you would. tellus byand by fomething that was faid,' as to-how! many people were: to po with him? for F A. He faid, would it make any difference inthe price-re- fpecting ithe, quantity of people that went with him;-I-+tald him, no, he, faid perhaps three or four more might go ‘with him ; I.told.him the. veflel.might.as well carry eight or ten as one when fhe. was hired, 2. Do.you recolle&t whether any thing was faid about bag cage? A, 1 did.not hear a word faid about baggage, Thomas Norris, Crofs-Examined by Mr. Dallas. «2. How tong did this converfation laft between youlatd Mr,-Binns:? A Ut isimpoffible for me to‘ fay how long it lafted,) we-were in twofeparate rooms firft ; in.a fmall room by ourfelvesiwheh we were converfing about the bufinefs. 2, Ltake-for granted-as .you were, making. a bargain had a great deal of converfation!on the fubject: ; M 4 . What = ( 166 } A, Nes. | ‘Q, ‘What' was'the houfe at which you faw him? v) AisPhe'Duke’s Head, kept by one Mt: Kitchingham.,’ 2, When you went in there to him, whatowas'the fubjeé of your converfation ? ‘cif, “Mhey.'told:him Iowas'the perfon they had fent for refpect- ing, the vellel’ ‘He:afked «me if 1: could let him a°veffel to ¢o to) Flufhing; Q'toldishim’ it was'a dangerous ‘bufinefs im wat time, cand 'that it) was:very probable, as they were’ Enelifhmen; that! they would be detdined-as prifoners of war. Astor that, heifaid, at-would°be' no fuch thing, for he would) infure the veflel'tovreturn fafe back. wiQouW hat anfwerdid you make*to that? od Aid told-shim [thought it was avery hazardous thi nie. iW Dio Wehatedid he*fay ‘about hevatked me what it was ; I told him three hundred guineas, and that I fhould further demardy if fhe was>ftoppedsa *hundred -pound: aimonch® for three months if fhe’was detained there) he afked me‘how’ that could be managed 5-1 told him I fhould ‘like the money ‘tobe depofited ‘in: one of the’Canterbury banks} he" afked me: if it ‘could not be as well put in the hands: of one’ Mr? Claris, orsanother - perfor’ of Canterbury, which [objected to, not knowing either of thofe people; well, he faid it was notma~ terial about thatj-he afked° me what I would ‘have? for ‘the paflage, I told him a hundred and fifty pound; he got up then atid afked me if I thought he wasa child, he would give no fuch money, he {aid that a veffel ‘could take a cargo from Flufhing to°make good freight for her’ back ; I-told diim ‘that was a very dangerous piece of bufinefs, fo he then‘ afked ‘if we xcould take him’ to either Dunkirk, Calaisy or *Havre, that he would rather g° to either of thofe places than to Flufhing. Be. 2, Didhe give any reafon big he would rather £0 to-ei« ther r of thofe places ‘than to Plufhing? 22 1Q4kSD 2 yi tig pers Shes = Syn Sac aa ee Bi NI PESO is als eR ees ( 16g ) A. I did, I faid that’ the only method ‘forhim to proceed would be, to go to Yarmouth, and go by the way of Ham- burgh. . What ‘anfwer did Williams make to that? ” He faid that the perfon was afraid of being ferved, What did you underftand by that? Tfippofed*he meant from “the Exchequer. » What did you fay upon that ? ; I faid, then it is not yourfelf; he faid no, Ido not know I fhall go myfelf, What more did you fay about the pone . I told him he had better wait, thatthe: port might be opened. . . ; a) ee a 29 6 K may tha 5 ct SS ies 2, What. anfwer did he make to that? 4, No partieular anfwer, he feemed to be quite ‘entirely comfortable upon: the. bufinefs 3 I afked him: to fir down ta dinner with me; he did, and from. thence. we went to the Royal Oak, and he feemed very comfortable there. 2, Did he put any more queftions upon the fubje2? A. 1 faw Mr. Hayman coming, and I knew. he had ufed Flufaing; I had fome vist ve uatn with him: 2, After that, ‘had you any converfation with the prifoner, Binns, refpeCting the price? A. He afked me the price in my own, houfe ; he? afkéed me what I thought it might coft him; I told him fifty or fixtiy guineas ; ‘he {aid he thought that'a great deal of money; then I went with him to the Royal Oak. 2; After your converfation with Hayman did you commu- nicate the fubje& of it to Mr. Williams? A, I told him that there was no likelihood of | his artting acrofs then, or words to that purport. 2, What did (he fay to that? 4A. That he muft wait. 2. Did you fet him and Hayman to talk'together ? Ae ¥ es. 2, ‘Did you hear the converfation’ that'took’ place betwedii” Hayman and him after you had put them Pere ud A, I did, : £. What ( wo ) 2. What did'youhear pafs“between thein ? A. It was no more.than general. converfation, there were a great number of people fitting in the,room. 2, What was that converfation about ? 4. EF donot recolled: ®, Do you know a perfon of the name of Mowle? ” Yes. &, Did any converfation ‘pafs between. you ‘and WilKiams wee Hayman came in, in which the name of Mowle*oc- curred. 4. Yes, I faid I might, in all probability, be: out of the way when he might come down again as he: promifed; in thé courfe of two or three days, he faid he might come down. Qs. W hat :was to be done in cafe you were out? A, 1 mentioned, that he might aét with Mr, Mowle the fame as\/he might with ‘me, that if a boat was going!acrofs thatthe perfon-might have-a paflage. Tt 2, Was any thing faid about trunks. or bagpage ? 4, When that was propofed he afked:me whether/two. or three trunks would be any obftruction, or there: would. be any objection to that.;f told him: none’at all. 2. Was any thing faid about what fhould be done; ifthe trunks fhould come when you were out ? A, Mr. Hayman told him he — bring them to his’hdufe, as being an upholfterer, 2, Did you go with Williams ae whee aftés you ‘had been to the Royal Oak? A. V did, I went to get a poft pik to go to 5 Giunta, and he faid he was going to London. + 2. Did he tell you how foon he was going to London ‘and expected to be back again? © - A. He faid he would with to ie at London:ini thé.’morn- ing, and would-be back again in.a few days. . Did he affign any reafon to you for wifhing °to gd. to Paden: immediately? 4, No, he afigned no reafoni » Lancelot pee eS, ae Bier Gog ee ee saat iis Sn MaRS IN PS na AeA ss ( am) Lancelot Hayman (Sworn) Examined by Mr. Adami. 2, You are an Upholtterer and live at Deals fos LES, 2, Do you remember being at the Royal Oak) the 24h of February ? pe ae 2, Was Mr. Campbell there? a ¥ easy 2, Was either of the prifoners there? 45 °¥es,i\ Mr Binns. 2 What name did he' go by? 4, The name of Willianis. 2, Do you remember having any converfation with him refpecting lodging his trunks at ‘your houfe? Ay Yess Mr. Campbell afked my’ permiffion to let) 'Mr. Williams, a friend of his, fend two or three portmanteaus of clothes to my houfe, J agreed to it? Qs Wes he prefent ? A, Her was. 2, Was your addrefs taken at the time? A. Yes. 2, Who wrote it down? A. V believe Mr. Barham; &, He was in the company at the time? As O¥ ess 2, How was it written ? A. [believe with a pencil. 2, Who was it given to? 4. 1 donot recollect. 2, Who afked for your addrefs? Ac Mr. Binns. 9 6: Then it was written for him by Mr. Barham? A Yes. 2, Do you remember feeing the prifoner at anyother time? A. 1 faw him on the Monday evening following, 2, Was he alone then, or had he any body with him ? 4; Alone, ; @, Where ( 472 ) , Where did you fee him: that evening? A. At the Royal Oak again: 2, What paffed between you and him then? 4. Mr. Campbell informed the prifoner' on thé 24th, that he was going. to London, and he afked me if Mr. Campbell had returned from’ London, I*told hiin Fdid not know, but I would enquire the next morning, which 1 did: 2. Did any thing more pafs ‘that ex venting between you and the prifoner ? A, Not that T recollect. 2. Did you fee him next morning ? 4. 1 informed him that Mr. Campbell was not-at home, 2, This was upon Monday the 26th of February ? 4A.. Yes. 2, Did-you go to any body elfe | A. J did not. 2, Do you remember anything paffing between you and Mr. Binns tefpécting Mr. Mowle? A.'On Saturday the 24th, when Mr, Campbell infortied the prifoner he was going out of town, he recommended “him “ws to Mr. Mowle, I informed him’on Tuefday morning follow- o, that Mr, Mowle was at home, and that’ Mri Campbell! Was not. 2, Did you go with him to Mr. Mowle? A. ¥ did not. | . 2, Where did you go with him > A, No'where, I faw him at the Three Kings‘at Deal}:: 2, Who was with him when you faw him there? A. 1° do not know, there was a fecond‘perfon ‘th ‘the room! &. Look at the prifoners again, do you fee that“fecord perfon? A, Not there to my knowledge, there was ‘a fecond’ per- fon in the ‘room, but I did not. fee his face;’ when]. ‘entered the room the fecond gentleman was’ ftanding’‘ with" his® face wees the fire. Q: The fecond gentleman was a ftranger to you’? - A. Totally. 2. This was‘at thé Three Kings ? y i : i ; << Be SNS TES at ee - ber wears AS Se hal a SAD BS ER 2 sca a eS 2 Dr Pay aS a ea a nS (. 3) ) 4A. Yes, on Tuelday morning, 2, How was the gentleman diefled;.who. ftood vith ! his face to the fire, : A. He hadya-long fraight drab coloured coat on, the Sthe part-of his diefs-I cannot fpeak to. . Was it.a great coat ? A. I do not, recollect. ©, Was ita coat like any of thefe that lie upon arte table Mr. Dallas. He has faid he does not recoileé. A. V do not know the make ‘of the coat; but it; was a eoat cm ace about that colour, and it was nearly-of that kind. 2, Did you aftend to the eut of that perfon’s hair ? A. I did not. 2, Did you return to your fhop from the sigh Kings A, I did. 9, Did you fee any thing more of Mr. “Williams; after that! ? A, Vdid on the Tuefday morning after I beFinieae hinn Mr, Mowle was at home, Mr. Binns met Mr. Mowle -by the corner,.of. my.{hop, and there a converfation took place ref- pecting the poflibility of providing a boat. 2, Did youvhear that converfation ¢ 4. Tdid, Mr. Mowle told Mr. Binns he ‘thought it, was impracticable. . 2, What paffed between Binns and him in your hearing A. Mr. Binns faid to Mr. Mowle he wanted a paflage.to Flufhing-for two or three friends, Mr, Mowle faid he did not know of any, pofibility of going, he gave:for reafon that he knew. of no FORUPIARERD I do not recollect that he gave any 2 dther'feafony 6. | 9. Did Mr. Binns fay why he wifhed to hire aveflel to goto Flufhing ¢ 4. He faid he wanted to get a conveyance for two. or, three frierids, bat that.he. himfelf.was not going, 2, Where did he fay he wanted to go to? A. The:firft place was Flufhing, 1 believe.a fecondp sled named was Calais. 2, Any other ‘place? be A, None (2174 )) 4. sWonethat:I heard=-Mowle anfwered-the-fame as sai that he:knew of ocht conveyance. : Qo What did-Binns fay: to that ? i. Lidon’t remember that: hemade: any reply. 2.» Did he mention any: other place that ‘he: was going to from Deal? A. Nonethat T heard. 2. Did he fay any thing» about his baggage, or-any thing of that kind ? A. Nothing more than I have before obferved, that'd gave my confent for three or four trunks being fent:'to my fhop. 2; Did he fay where they were to come from? A. I did not hear that. "9: Did he, before he parted with you, fay where he “was going to in Kent? 4. Not that I remember, 2Qy Do-you know what time he left Deal upon: the: Tuef- dayit A. At .was about *rioon that this converfation ended by sig fhop: with Mrz. Mowle. 2: Did he fay any thing to you before he left your fhop, of where:he: was going to, after he fhould leave Deal? A.J: donot. remember his: mentioning any place—He left me, and Ifaw no more of him. Thomas Barham. (Swotn.) Lxamined by: Mr. Garrow, °Q; Are you of any profeffion at Deal? 4. A Grocer: 2. Do you recolle& upon frie the 24th of February latt, ‘being prefent ‘with Mr. Hayman, and i other’ perfon, when you wrote any direction? MIAN es: U2» Do. youfee any body here ‘that owas ‘in Company with them? 0, Mr. Binns was'in company then. 222: Do you know him by that name? “ad. He ‘was introduced to me by the name-of Williams," but he { : : h ($475 )) hevdeclaredibeforehheweft the company: thatsHissmaine was Binns.——-The company was:originally aipublic one; 2bati afer a fhort fpace, the company. had: onevby one defuitherdém{ex- cepting Mr. Binns;;MdrshCampbellj: MrecHaymangbaad \my- fel fc Mr 2Campbellintroduced(Mr- Binnsito mesby>ithe Hame of Williams, asa friend of his, faying he was a‘martlimdif- trefs, and wanted to go on the other fidesofl thelwater+—l. do not immediatelysrecolleci whatseply 1 made upon that. 2, Did Mr. Binns make sis — to th wee of correét:| that dtaterhent? bv AiNeot arrnaaiebed —Flufhing feemedto be tht objedhs Mr. Campbelhwaifed:an objection:to that;:and aid’ Calais Gwas the propereft place. 23 What objection didthe-ftate to Fluthing? 4.1 do not immediately recolle&, whether it was»becaufe it was not fo handy for the paflagerasCalais ;:but:1/do not recollect that any «particular reafon was .affygnedisothe conver- fation was in general terms about the probability of getting:a boat; forsthe purpofe:-ofgoing acrofs» the swaters,when'.the terms were mentioned, I think a fum of money. was: men tioned by Mr. Campbell,..as neceflary :for thats purpofe, ‘but he faid:he could:not effe& this:purpofe himfelf} -but:muft! have. the -afliftance: of othersy of courfe; and:thofe friends that he meant to employ in that expedition; -werenot then at‘home’s mentioning Mr. Mowle, and one or two others, who, being pilots, were up with fhips in*their profeffion, but would re-; turn on Monday, Tuefday, or Wednefday, and probably would do what he required of. them ;. but he could fay nothing more than that there was a saved of his getting over to fome places --Q,-When Galaié was;mentioned, did, Williams.make any objeto to Calais? dws 4.1 do not recolle& that he did—Mr. Campbell. left..the room, fometime, in. .the-courfe of. the converfation ;.and (Mr. : Binns then declared his name fomething in thefe words, he faid,—* I think it may be neceflary I fhould inform you who “¢ T am, my name is John: Binns,,perhaps you may recollect amy-name.?—-] did, recollect -it then, and nothing |further took ( 176) took place, excepting that Mr. Binns, in the courfe.6f cons i ) ) rerlation, declared he was not certain he fhould go hunfelf. . Who was to g0 then? A} He mentioned no names, but for three or four friends. I believe he cad that more than once or twice. 2, Was there any convetiation about luggage ? A, Mr. Bin nns afked Campbell whether a few trunks would be any incumberance to the boater ied he faid not at all; Binns afked for an addrefs of abst he might direct the luggage. Whether he might fend them to Campbell’s— Campbell faid he, might, by all means, but as his was a ? d >] private houfe and he probably might be out upon his profef= fion, if Hayman would take them in for him, being a man b] > S — a3 Hay- in public bufinefs, it might be more convenient man agreed to do it, Binns pulled out a book to fet down his addrefs, Hayman was called out of the houfe at that moment, and he defired me to put down his name for that purpofe, which I did. 2, Look at this, is this the addrefs you wrote, and which you delivered to Binns. A. No Ido not believe this is my writing. I did write Hayman’s addrefs, on a leaf of a pocket-book. 2. Of whofe pocket-book. A, On a leaf of a pocket-book of Binns’s, being written in pencil, I am not able to: {peak to that ; [ cannot believe this to be my hand-writing. 2. Look at the addrefs ‘in this pocket-book ? A. This is my hand-writing, 1 wrote it in this pocket- book, which Binns produced and delivered it to him. Mr. “Fuftice Buller. What is that pocket-book ? Mr. Garrow. Binns’s pocket-book.=Did you ftate what pafied upon the fubject of the price? A. 1 think the fum of-6ol. was mentioned, but I do not recollect that it was a_pofitive agreement. Mr. Garrow. We will read firft:the direGion in Binns’s pocket-book, written by the prefent witnefs. St Z & a re ae se Nt gOS aS NE ES NO eran Se SS OS ES a Re ( - T7he [ It was read. | « Mr. L; Hayman, jun. & Middle Street.” Mr. Garrow. We will now read this paper proved to have been found in Mr: O’Connor’s purfe: [lt was read. | «Mr. L. Hayman; jun. ‘ Auctioneer, “ Middle Stents “$ -Poa:? Fames Elliot, (Sworn.) 7 Examined by Mr: Fielding. 2. Do you keep the Three King’s Hotel, in Déal? 4. Yes. 2, Look at the gentlemeti at the bat, do you know the: per~ ’ fons of any of them? A. Two of them. 2, Which? A, Mr. O’Connor, and Mr, Binns 2, Did you fee them, or either of them,-at' Deal; on the 20th of February ? , A. Yes, I faw them both. 2, Were they in company together; or not? A, They were in company together. 2, At what time did they come to your houfe? A. They came together to my houfe, onthe 2§thof Fe- bruary, at fix in the evening. 2, How did they come? A, On foot. 2, Firft of all defcribe; if your recolleGtion will ferve, haw they were drefled? A. Mr. O’Connor was drefled in a ftraight drab eae coat, high up in the collar, with metal buttons, bthink ra- ther tarnifhed, cut ftraight down the thighs. 2, What was the other part of his.drefs? 4.1 do not recolleé&, he was buttoned! clofe'ups N 2, How C im F “"®: How was Binns dreffed ? A, I think he had a brown great coat on, with a bins col- Jar, rather rough, 2. You fhewed them into a room, I prefume? A. The waiter did. . 2. How long did they continue at your houfe? A, Till the following morning about ten or eleven o’clock. 2, Had you any converfation with them during the even- ing? A, None. 2; Did they fleep at your houfe? 4A. Yes. 2. Did they bring any baggage, or clothes with them ? 4A, None. 2, Did any people from Deal vifit them at your houfe ? 4. Yes, Mr. Hayman. 2. You were not in company with them at the time Mr. Hayman vifited them, were you? A. I was not. 2, Had you any converfation with them, during the time they ftaid in your houfe ? A. Never, no further than waiting upon hat 2, What time was it that they left your houfe? A. About ten, or eleven o’clock. ~ 2; Did you fee them after that time? A. I did not, they turned out to the left, and walked down the ftreet. 2: You have no doubt as to their perfons ? fA, None. Feremiah Mewle, {Sworn.) Examined by Mr. Abbott. _2; What are you, and where do you live? A. lama pilot, and live at Deal. -- 2, Do you know Mr. Hayman, of Deal? A Xs. 2, Do you remember being with him in the evening of Monday the 26th of February laft? A, No ( m9 ), 4. No, not on the 26th, it was. Tuefday.the 27th,. inthe forenoon. a ay mae 9. Do you know the perfor of that ftranger, whom ‘You u chen! met? A. Yes, it is the man who ftands in the middle (Binns. ° 2, Did he call himfelf by any name then that you heard Zz Not to me, I was told his name was Williams, but, hot till after Mr. Campbell came from.London. 2, Where did Hayman and you go together ' au A. Into a room at Hayman’s houfe. otek 9, When you came there, what was faid? . ae hs A. Binns requefted a paflage for Flufhing. node 2. What anfwer did you give him? a I told him there was ‘not’ any probability. at c ptelent, it might be a month or two months, I could not ‘in fac tell when there might be. He faid could not he ga to ‘Calais. — I told him no one there would run the Titk of going. to. Ca. lais.—I before’ this had obferved that the boat. or. the party might be detained~he faid he did not conceive there was any danger of that, ow 2: Didhe fay where he was going from Deal > of oS ae: A. He faid he was going to Margate. ve! ." 7. 2, Did he mention for what purpofe he was going. to Mar. gate! re ia A. He faid he had a portmanteau, or two. poRspaaene cand a faddle. , 2, Did he fay what he was to have done with t them? A. No further than Hayman’s telling him he was fecleamne to fend them to his houfe, that he would put them into, his warehoufe, and take care of them. Rok 2, Was any thing faid about .the price, in your prefence ? A, Not a word. 2. Was any thing further faid upon the fubjeG? ‘ A. Not another word, that was all that’ -paffed, the ffian then went away. 2, Did Hayman go with ‘him ? 4. No, he went away by himfelf. Fe Re ETI 29 ( 10 ) William Fones. (Sworn.), Examined by Mr. Solicitor General. &, You are, I believe, a waiter at the Three Kings at Deal? A. Yes. 2, Do you know either of ‘the prifoners at the bar? fA. Yes, Mr. O’Connor and Mr Binns. ‘2:-Do you remember their being at your mafter’s houfe? 4A. Yes. QQ. When? A, The 26th of February. 2; What day of the week was that ? A. Monday. 2; What time did they come there ? A. In the evening, between five and fix, to the belt of my knowledge—I fhewed them into a room. “2. Did you fee them when they came in? A. No, I did not, but I attended on them. 2. How long did they ftay there? 4. That night, and part of the next morning. 2, What time did they go away? 4. Between the hours of ten and eleven, as near as Pican recollect. 2; Did they by. where they were going? ANOS 2. How did they go away? A. On foot. *"O.-Look at that book, have you feen it before? A, Yes; it was left in the room they fat in. OL Was any thing faid to you about that book? 4A. One of the gentlemen told me to take care of the book, they fhould be back again prefently. _ 2; Did they ever return fA No. SMO hs ais ihe NS SI A eet ee ee Banca itv Se baka re As 28ST DO A Mr. Hugh Bell, (Sworn, ) Examined by Mr, Attorney- -General, 's u live, I believe, in Chartdrinett-tnidees we =, aS . wy, 4 £ 2) area merchant in. the.city of Londen? de Nee zh eo o § you know.the gentleman at the bar, M ir. oy Connor ! P have known him for a long time patt. | ; Do you know the perfon who fits next tohim (O* Coigly )? A. Yes. : 2, Do you know any. other.of the prifoners? 4, I know Mr, O’Connor’s fervant (Leary), and 1 Sy e Mr, Binns once or twice, but have no intimacy withbim. » Where, did you fee Mr. Binns? A. “Once or twice at my.own_houfe, 2; Did he come there to call upon you, or upon any body elfe? A. He came certainly to call upon Mr, O’Connor. 2, Was Mr. O’Connor, in the habit of dining oceafionally with you? A. 5X es, frequently, 2, And fleeping at your houfe? A, Occafionally fleeping at my houfe, 2, Did he dine with you on Saturday the pia of February | laft ? A. YT the beft of my recolle@tion he did. 2, Did any other of the prifoners dine with, you pRen that day? A. 1 do not recollect that any other of cher dined wits me Ry (2 feen rent 2 = on that day. + ae 2, Did a perfon of the name. of Captain Jones dine with you on that day? : A. He might have, but whether he did or not I do not, ‘re- colle&; he dined at my table twice, but whether that was eng of the days I do-not recolle& 9. How long is it fince you saps forzot that? N 3 4. Ido ( Yeo 4 A, 1 do not‘kAow that’ Ihave forgot? it““P did\ not fay “that he did not? titel do not pofitively “Pecolledt that “he did—if I recolleéted accurately that he had, PfhouldMay' fo. 70 6)~Did he-dine with you within that week? A. \ xather think he did, he dined twice with med know. ie 2, In company with Mr. O’Connor? 28 °Th conipany with Mr: O*Connor. OO) Was he introduced to you by Mr.'O’Connor? A, Certainly; only by Mr, O'Connor, . “By what-name was he introduced to you? “A “By the name of Captain Jones. 9" Did’ Mr: O’Connor tell you that his namé was CSHuain oh ? A. Tothe beft of my recolle&ion he did, “¢ O “Have you any idea that any body elfe ever told you that his name was Captain Jones? Az No. 29 “Have you any doubt that Mr. 0’ ene “told you~ his name was Captain Jones? _ A. Thaye.no doubt but that was the name by which I knew him: i DOLis JQ 2. And they dined twice together with you, you fay? “8 AV hey didfo- 2. How lately, before Mr. O’Connor left London, did ‘he dine with you? I Before faid,-that I cannot be accurate: whether it-was Saturday the 24th. --- ‘ONO. UWlas*it-upon a Saturday ? A. I cannot recollect, becaufe the whole of Captain Jones’s aici gis houfe did not exceed ten or eleven days. | O He did call in the courfe of the ten or eleven days before ‘Mr O’Connor left you? We Wes; he-did: o( @: How-often might ‘he call atyour honfe inthe courfe of thofe ten or eleven days. A. \ cannot fay, becaufe 1 am very much abroad: vib WY Team-not afking you what+yow do™not know; but what you do know of your own knowledge? 29% 73 ho ¥ A. To «2 So = ew bag REE a: eee ee eT pee Oy + SS Sas SS Ra ae ol ds A A NR 7 om aa ae eS RS GS SS da eee 2 ( 483) 4.,To my knowledge. he called four or five times. 2. Did-he-call upon you, or upon Mr. VU’ Corvicr? ? A, Upon Mr. O?Connor. 2, How often. did he dine in company atte Mr. O'Conner at your houfe ? A. Twice. ; 2, Do you mean to tell the Jury that you cannot recolle& in what part, of thofe,ten days it was thefe two dinners were, whether the beginning, the middle, or the end? A. The firft time he dined was the firft time I faw him—the fecond time I do not know, whether it was the laft day or not. 2; Will you take upon yourfelf to fay it was in the middle of the time? 3 A, I will not. 2, Will you take upon yourfelf to fay it was not jupon the laft day? A. { will not, I faid fo before. 2,-Did-you dire& any letter, at the inftance, of Mr..O’Con- ‘nor, upon Saturday the 24th? A. Not-that I recolledt. 2. Look at that dire€&tion, is not that your band writing i, It-is. 2. At whofe inftance did you write that addrefs upor. “that ele! A. That I cannot tell. “48 2, Mr:-Bell,. you are a merchant in Charterhoufe-fquare-—- you have directed a letter, which bears date the 24th of Febru- ary, to Mr. William Williams—do you mean to fay you cannot tell at whofe inftance you. diretted it? A, 1 dos -for Lhave.no recolleétion of dire€ting it.at all, ‘nor fhould I. know. that I ever had directed it, but.that I. know my own hand-writing. 2, You mean to fwear, that if it was not for its being. your own, hand-writing,: you fhould have no recollection that you ever directed it? ; 4. Pofitively. ae no id 30 ¥ ou dofwearit is your hand-writing, and that you did ph ct it? SAT ae 7 N 4 4. Yes, ( 284 ) 4. Yes, from its being my hand-writing. 2. Have you any correfpondent ofthat, name? 4. None. . onsen why, Mr, Bell, have you. neverfaid at whole inftance you dire&ted it? A. I never have. jmee 1 OU, however, did dire& that letter? fee ae directed va Q. Pray, Mr. Bell, do you know a perfon of the, name of William Williams? eféend.do nat. “t 2. Do you mean to fay, then, that you addrefled that Letter ce Mr. William Williams, Fountain Inn, Canterbury;”? fo lately as February, 1798, but that you have not ‘the leaft sarees how-you came to addrefs thatletter?. ..,. ; A. I dire& a a great many letters every.day.of my- life, and if this letter, or any other, was brought to me, by,afervanty. or any body elfe, to dire@t,.I fhould) do sit with a, greatideal of pleafure, and it would make no impreffion, jess upon me—— in this cafe it has not. 9. Mr, O’Connor left your houfe on Sci morning ? A. \ did not fee him on Sunday morning. 2, Did not he fleep at your.houfe:on Saturday night? A. I] believe he did. _ 2, Do not you know he did? "A. I was a-bed before him. 2. Haye you any doubt ahout it? er No. -2;.Upon’ your oath, do you knoy..where Mr, Q? fartor was going from your houfe? a, underftood that he was going into Kent. pA I afk you..if you did not know. it from. Mr, O: ‘Connor himfelf ? BP tes IN Mr, O'Connor told me he was going into Kent, 2: Why did not you fay fo then? TO hh, I think the word uuderfiood .was. fufficiently auresive of that, pecaufe I did not, accompany, Mr, O’?Connor. ie, Did Mr. O’Connor’s baggage go from your houfe ? A. I believe si oh 2 ACS NT UR CCE nc, bate ea ae es SOS A ee og ( 1885 -) A. I believe it did. : gi Rent 2, How was'it divefted 29 2nog os yoy vs A. I do not know. ; ~~ QDidary baggage ¢o from your houfe diréGed® s¢ Colenel Marris ?” A. Not to my knowledge. 2, You admit, hoWever, that that direction | is your hand writing ? AEX 2, Who is it directed to? A. * Mr, William Williams, Fountain-Inn, St. Margaret- s©ftfeet, Canterbury.” * @ Had‘you' any letter from Mr; O*Connor’ betwterl the Sanday and the Wednefday ? 4. Yo the beft of my recolleftion I had‘a letter from Kent: 2. Whatlis become of it? 4. ¥ have it not: 2: Do you know what became of it? A. | believe I deftroyed it—the purpofe of the’ letter was ferved by my reading it. 2, Is'it deftroyed? Hirde te: 2, If itis deftroyed, what name was at the botton; of itt ? A. James WaHace. , 2. How do you know that that letter, which was figned James iW eh was a letter from Mr. O’Connor? 4. Tonly conchided fo from the fubje& of it, and the mat. ter of it, r Q°Did Mr. O'Conner ‘tell you, before he left London, that he would write to you? i” A, I really do net recolle& that he did; T'might w rifh “to hear from Mr. O” Connor, but I do not recolledt that he pre mifed to write to me. a Q. Did you: deftroy that letter yourfelf, or give dt’ts any body elfe to deftroy ? YM on #. ‘The letter was deftroyed before I Knew of Mr. ‘Con. nor’s being taken into cpftody ‘ | iC 886 4) Lx Did-you deftroy it'yourfelf ordidiyou gives\it tovany bodynelfe tordeftroy? ) oD deftvoyed the Jetter a 2. Why did you deftroy it? “i A>oBetaufe: ‘theletter was! of ino \mementynof ito we, it ‘SG merely jnformedamesofshis being:in Kent. noMtrs P lamerzs! What: fignifes what this reafonvwas, that is novevidence againit us. Man Attorncy=General.. He faysihe received:a' letter between the Sunday and the Wednefday, which letter was figned: James Wallis, whichtheeknaws to be: from the >pfifoner;:and which he:defiroyed: lid, Fuftece Buller. Did you’know any ‘perfon'of! the name of James Wallis? 004.-No3 DU know no‘other aera of thatname butia fervant of mine. Mr. Fuftice Buller. You do not know whether ‘eitherdof the prifoners ‘went by the name of James Wallis? nn: Nox Mr. Attorney-General. Then how» came youd to fay ‘that that letter figned James Wallis.came from’ Mr! Q? iGonlioss As 1 knew by: the fubje&t andthe matter of it; 2. Did you know: the hand-writing of that: letter) ‘which you speeeels figned James Wallis, when you received \it? wud. Lwas fo fatisfied with the/fubje@, andthe: mattér, that the:hand-writing made no fort of impreffion upon my mind: 2:°Have you any doubt whofe hand-writing it was? Mr. Plumer. L-conceive he muft ftate facts; not whether he apprehendedut owas his hand-writing or ‘not. My ) Mr. Plumer. “That:is‘merely matter of opinion2Conctive that, faying he has‘no doubt of it, is not evidence ;) he may be convinced in -his own mind,’ and have an’ opinion relpedting a matter of fat, but that is not evidence: ; ’ Mr. Attorney-General.» He fays, from the fubject andthe matter of it, he has no doubt:that it camesfrom the prifoner.i Mr. Plumers ‘That is‘nothing morethan faymg,) that\from the fubject matter, which he does not poflefs: your Lordship or the Jury of, heidrawssa conclufion that the letter was written by: Mr.-O*Connor. Ad. Garrows Mr. Plumes? s objection is»in a circle-AHf, he fays you have not proved the contents, and thereforesyou cannot afk the witnefs to:it; then he fays, you cannot afk him to the contents without proving it to be his hand-writing. Mr. Fuftice-Lawrence.. Many things, for inftancey’a ‘con- verfation, may be as decifive as the hand-writing—Mr. Plumer’s objection is to afking his conclufion, , inftead,of afking the\con- tents of the letter, and fofeeing that his conclufion isa juft one. Mr. Garrow. Do not we prove the hand-writing of atman every day by the witnefs: having correfponded with’him).\ the fubject matter leading him to it? 3125 Mr. Plumer. ‘Yhat.is where the perfons are in the habit of correfponding. ae: Mr. Fuftice Buller. ‘There is another thing whieisaly bre- ther Shepherd ‘has juft fuggefted; fuppofing the letter Had been here; could the witnefs fpeak to any thing but an) opiniom, of its being the prifoner’s hand-writing ; he faysithe fubject mat- tenis fuch as would convince the mind of any reafonable man that the letter muft havecome from Mr. Q’Connor—thattakes it out of the objeftion; and if neither fide will afk him to the fubje& matter, it stands thus—that you have not traced that fact fo far as'you might; that goes to the point of whati¢redit the Jury will give to. the evidence, and not whether it dhall be received-or not. Mr. Plumer. J fhould make the fame. objeétion, if the det- ter hhad.been here, to any queftion of what his opinion«is, to any conclufion he draws from) the contents ; she-may flate om (| 188 ) facts from which your Lordihip and the Jury may drav cation. but no prtvate opinion is evidence: Mr. Fuftice Lawrence, What js opinion with refpect o€@ man’s hand-writing ? Mfr. Fuftice Buller. He has faid, that he has ‘formed that opinion from the fubject and the matter of the letter. Mr. Fuftice Lawrence. -From the hand-writing, and from the contents, he believed it to be Mr, O’Connor’s Ss writing—if you with to fee whether that belief is well-founded, you may get that out in crofs-examination, Mr. Attorney-General, To whom was this Jetter, figned James Wallis, neidnelied.? 4. ‘Addrefled ta me. 2; Did you receive it by the poft, or in any other, and what manner? A, It came by the pot, 2. You fay you judge, by the contents of it, that it came’ trom Mr. O’Connor, be fo good as flate what the contents of it were? [cannot ;' my recollection does not lead me to ftate-fur- ther than that he was there, and in hopes of doing the bufinefs that he went upon. Mr. Fuftice Buller. He was there—what do you mean 1 by there? A. In Kent, where he wrote from. Mr. Attorney-General. Do you recolle&t what poft-town the letter came from? A.” 'That he was there, that he had met with a good man; tie beft of a8 recolleCtion, and that he would dq the bud nefs Mr. Fuftice Buller. Had you had any converfation with bim, before he left: you, ‘ref pecting any bufinefs which he was to phat in Kent? {. Not that I recolle@ particularly, ice Buller, Had you any conye tien with him | cannot fay that Thad about an y bufi Pe Oe eR Seeey SS = Ed a OSS enter aia crt Re HS WY Ne oS Sa es plane (. 189. ) Mr. Fupice Buller. /Then how came the exprefsions that he was in Kent, and in hopes of doing the bufinefs that he went upon, to bring Mr. O’Connor to your mind? A, He eat | in the letter that he had found a ‘good. man to do the bufinefs for him ;, which bufinefs 1 underftood to be ai defire of getting out of the kingdom. at Buller. Ww ho did you underftand td from ? | Rie ©’Connor. k ae Mr. Attorney General. Leaving that fubject, did you know the prifoner who fits neareft you (O’Coigly) by any other name. than that of Captain Jones ? A. did not. 2, Mr. O’Connor had never méntioned him, to, you by any other name? ‘A. He did not till about the time of his departure ; tiga I learned that his name was not Jones. 2. Where did you learn that ? A, Tunderftood from Mr. O’Connor that his name was not, Jones. 2. What did Mr. O’Connor fay to you at the time you collected that underftanding from him, that his name was not Jones? A, To the beft of my recollection, he mentioned that his rea! name was O’Coigly. : 2, Did Mr. O’Connor tell you why he ufed the name of Jones ? iy A. 1 donot recolleStany precife caufe, but that he was a perfon that had come from Ireland on account of the flate of politics in that country, and perhaps didnot think it difcreet to go by his real name, that was the only reafon | conceived. 2, Did be mention whether he had any,.other name .than the names of Jones.and O’Coigly ? A. No; Lnever heard any other. hie 2, When was it that Mr. Binns called, was it. withiu the laft.ten days ? / 4. Yes. 2. Did Mr. O’Connor fleep at your houfe at all, except within the laft ten days? : A. Tee ( 190 ) 4. Yes, he did longer..than before the laft ten days; he flept fometimes at my houfe, and fometimes at the weft end of the town. 01@) Did you happen to fee’ Mr. Binns at all’after Mr. Connor left you? A. Yes. &, When was that? A. He called upon me on the Sunday’ morning “of Mr. ©’Connor’s departure, and finding that Mr. ‘O’Connor was gone, he went away himfelf immediately. 2. Had you any converfation with him eas he called upon you ? a No further than faying Mr. Connor was gone. ; What time in the morning did he call upon you? # I think about eight o’clock. 2, Did you fupply Mr. O’Connor with any money ? PIR did. 2. To what amount ? 4 Near to £.40¢ in Louis dors, but Mr. O’Corinor had about £:'700' altogether. 2. ge it fall within your knowledge. whether Mr. ©’Connor had made any conveyance of his eftate before? 4. No. &, Had you ever received a letter from any perfon before under the name of James Wallace? 4, Not that I recolleé&. &. Had you ever direéted a letter before to any perfon under the name of Williams? A. \ do not recollect, I may have—perhaps I have. 2, Have you any recollection of any fervant of yout’s applying to you-upon Saturday, the 24th of February, to direct fuch a letter? 4. \ have not; I may have direéted a letter for what I know at my counting houfe in Alderfgate-ftreet. 2. Have you any recollection of any perfon applying to you at your counting-houfe in Alderfgate-ftrect ‘to direct iuweh'a letter? "A. Vhave not! Mr. CO, Ree OY es ee i> ) C 206 } 4, No, I offered to carry fome, but O’Coigly faid no, they ‘would carry them themfelves. 2, When did you land the reft of the things? 4, About an hour after. 2. Where did you take them to? A. We carried them to the inn and left them there. 2, Who was there then? . A. Mr. O’Coigly. 2, Who paid you? A. He paid my mafter. 2. Did he pay fof all, or only his own fhare ? 4. He paid for all. 2, Did either of the perfons who were your paflengers upom: that trip wear @ great coat with a black collar? ‘A. I think I can tell the man that were that coat. 2. Who wore that coat ? A. The ftout gentleman, O’Coigly had that coat on, and he wore a hairy cap. 2. A cap of this fort (fhewing it the witnefs )? #4. Yes, acap of that fort, and a great coat of this kind. 2, You have feen the great coat fince thefe perfons were apprehended? Ay tes. &. Did you know it to be the great coat Q’Coigly wore in shat trip ? 4. Yes, and I have two pieces I cut out of it. Richard Smith, Crofs-Examined by Mr, Dallas. @. When did you mark that great coat? 4. When I was in’ London. 2. How long was that after Mr. O’Coigly was on board she hoy? A. I cannot fay rightly. Q. Was not that great coat produced to you by fome per- fon in London, as the great coat that Mr. O’Coigly had in the hoy? A, It was brought to me to fay whether it was? XY. alg Was ( 207 ) &, Was it not brought.to the houfe where you were, toafk you whether that was the great coat Mr, O’Coigly had in the hoy? HOES. 2, Was it produced to. you fingly, or with any other great coats f . A. It was in the room when I went in. 2, You never faw him before the day. when he was on board the hoy? | A, No; not to my knowledge. 9. And you faw him at Whitftablé the next day ? A. Wes, &. At what o’clock did Mr, O’Coigly come on board the hoy ? 4. Between fix and feven; he and Mr. O’Connor came to- gether, or nearly at the fame time, I did not.obferve it par~ ticularly, it was as nearas can be at the fame time; 2, Were you prefent. when, the baggage was fearched -at Whitftable ? A. I was in thé room: 2: The boxes wére broke opén atid fearched there ? 4, They were opened and fearchéd there. 2. By whom? A. By the King’s officer there, Mr. King. 2, How long was this after they arrived at Whhititable ? 4A. That was on the Monday night, we got there on the Sunday night. a 2. What place in London was it where you faw this great toat in the room, and pitched upon it as the one Mr. O’Coigly had worn? A, The Secretary of State’s office. ®. As foon as you faw it, did you fix upon thatas the -.one he wore? A, Yes, and told the gentlemen there fo, 9, Have you any doubt now about it? 4,4 do not, think I have. 2. The gentleman afked you how feon it was after you had feen thefe perfons at Whitftable, can you tell how. foon it was? 4.J cannot tell, it was within three or four days. Stephen ( 208 ) Stephen Perkins. (Sworn) Examined by Mr. Adam. 2. I believe ta keep the Bear and Key at Whitftable ? A. ee <2, Do you remember on Sunday the 25th of February laft, any of the perfons you fee at the bar, coming to your houfe? ff -s5¥85.. 2. Which of them? | A. One was catled Colonel Morris, and the other Captain Jones, but Ido not know which was called which, the twa others pafied as fervants. <; About what time of day did they arrive? A. About four in the afternoon. 2, Did they dine there ? .. Ye5. 2, Did they ftay all night? Ph eae 2. How were they accommodated as. to beds? A, The two gentlemen flept.in a two bedded room, the two fervants flept in one fingle bed in a room over my tap room. 2, Mr. O’Coigly and Mr. O’Connor flept in a two bedded room ? #. 1do not know what. their names are, but one pafled for Captain Jones, the other for Colonel. Morris. 2. Did they all breakfaft at your houfe the next morning ? 4A, No, 1 went out before they were ftirring, and one of the gentlemen went out of the door, .and went up ftreet from the butte. the other gentleman ftopped, as J underftood from my wife, and breakfafted. 2; You muft not mention what you underftood from any body elfe? I did not fee him breakfaft, 2, How do you know that.one was called Colonel Morris: and the other Captain Jones ? 4. 1 heard.the company in the tap room {peak it from their fervants. : . 2, Was their baggage brought on fhore that night, or the next morning ? A. The _ .& 209 ) 4. The baggage brought ‘that night was two or, three fmall boxes. 2, Was any baggage brought ext fe Pate ? ‘ji 4.. No, 2. Did Mr. O’Connor and O’Coigly bresk tat next morn- ing ? A. No, Mr. CoCo went up ‘the ftreet, and I never faw him at all that morning, nor never again. Oo Mire? ee remained during the greater part of that day? A. Yes, all the Monday. 2, Was the.baggage brought on fhore on n Monday , 4, Yes, in the evening. 2. Did.they propofe to go from thence to any other place? A. When the baggage was brought on fhore, that ‘gen- tleman, Mr, O’Coigly, told. me he had agreed for a young fellow to carry him to Margate in his boat, and he difappoint- ed him, and told him he could not carry him that night, and would carry him next morning, and he afked me if I could accommodate him with a boat to carry him to Margate, I told him I. would do the beft I could, I called a young fellow in, that was in the tap room, Edward Ward, and afked him if he could take the gentleman, and his baggage, down to Margate, he afked him a guinea and a half, Mr. O’Coigly did not like to give it. 2, Did O’Coigly make any enquiry about the baggage being fearched at the Cuftom-Houfe ? A. When* the baggage was brought on fhore, it was fearched by the King’s Officer, after it was fearched they all went out of the room, and Mr. O’Coigly afked me whether there was any danger of being fearched at Margate, I told him yes, I dared fay there was by the fearching officer ; I faid I fancy I ean tell you the reafon that you was fearched here, he afked me the reafon, I faid, did not you afk the Hoymen whether there was any danger of being fearched at Gravet- end, he faid yes ; I faid that is the reafon then: that you was fearched here, by the information of the Hoymen. 2. What time did the y leave your houfe next day? y A, In f C 216. J 4. In the morning. 2. How was the baggage carried? A. By a cart. 2, Whofe cart? A, One Thomfett’s cart. 2, Did Thomfett accompany the cart? 4. He went with the cart himfelf from my houfe. 2. Who went along with the cart’? A, The two fervants; Allen and Leary, and O’Coigly: 2, Was all the baggage put in the cart? i. XBS- 2; They fet off from your houfe to go to Margate ? A, Ves. 2, Had you any converfation with O’Coigly about going to Dover? ~ very difagreeable piece of bufinefs to have a pérfon’s goods torn about in that manner; I faid this to O’Coigly, he made anfwer to me it was; I afked him whether he wanted to go on the other fide of the water, he made me anfwer no he did not; I afked him whether he had any correfpondents at the other fide of the water, he told me he had acquaintance at Amfterdam; I made anfwer again that I was going to Dover, and if I could he of any fervice taking a line for him I would take one with 4, I went in after they had done fearching; I faid it is 2 . me, as there were neutral veflels lying in Dover harbour. 2, Did he give you a letter? 4. He faid he fhould be much obliged to me, and he gave me a letter—this is the letter he gave me. 2. Did you goto Dover? A. Yes, J carried the letter to Dover. 2. How came you to have the letter now? A. I faid, if there is no convoy from Dover, where fhall I direct this letter to-you again? the anfwer he made me was, it was of no confequence. Q,. Were you prefent when the agreement was made with Thomfett for the cart ? 4, I was; a guinea was the money agreed upon, } think. [ The i | Hi + Be ecie de ite wis OS ira ee aS Siu ees: ( di [ The Letter read. $3 & Dear Sir, Whitftable, February 26, ‘ape8. * Happening by accident to be here, and hearing’ of'a gene- *< ral embargo laid on all vefféls in the: Duteh ports,°ahd a fei- “ gure of our merchandize there, Iwithtobesinformed exactly ** by you, the more foas I-am obligedto attend my diity as a “* military man at préfent, aad) my partner has’!asquantity of “ goods. juft réady to fhip, and configned to yous This will be ** fent over by a carefulhand,\ and: the fooner ‘you anfwer it the “better for both parties; becaufe, if your anfwer fhould be ‘* favourable; we fhall fhip, perhaps, a treble quantity. Di- “ rect, in all hafte, to Parkinfon and Co. High-ftreet, Man- *< cheiter, We, are very uneafy about: the faféty of the laft “parcel we fent over. Lofe no time, I pray you. In the “* mean while I-am, “¢ Your’s; fincerely, “EDWARD WALLACE.” Addrefled to “ Mynheer Van Solomon, Straet Van Hacolem, *¢ Amiterdam.,” Stephen Perkins, Crofs-Examined by Mr. Plumér. 2, What part of the day was it when the luggage: was fearched by King? A, On Mopday evening. 2, There was Mr, Smith, and the Revende- officer, Mr. King, and another perfon? A, The people belongiig to the hoy came ‘afhore with them. 2, They. were forne time sli them? A. They-were fome.time; there were feveral people ftands ing at the door to fee them fearched—I did not: 2; This King, and the other men, expected’ to find fomea thing, they had ordered a bow] of punch at your houfe? 4. That I do not know. I did not fend for them. ya Be ( @2 9) ©, You told Mr, O’Coigly the reafon why he was fearched, and that he might expect to be fearched again at Margate? A. Yes, there is no goods go on fhore, from the quay at Margate, without being fearched. 2. You faid both thefe gentlemen flept in the fame room— you had but one room, I believe, to accommodate them with? 4.: There were two beds in one room. 2. You had no other roomito fleep them in? A. No; they afked. for two rooms I think, but I had no other beds fit for any gentlemen to fleep in. Fohn Dyafon. (Sworn.) Examined by Mr. Garrow. 2. You aré nephew, I underftand, and fervant to Mr. Perkins, who has juft been examined? ; Jt. NOS: 2. Did you fleep in the next room to the two-bedded room, on the night the gentlemen flept there? A. Yes. - 2. Did you fee the gentlemen before they went to bed? A. No. 2, Did you hear any thing paffing in that two-bedded room in the courfe of the night? A. Inthe morning, before I got up, I did. 2, What did-you hear paffing? A. ‘They paffed and re-paffed my door, and I heard.fome money told in the two-bedded room. 2, From the length of time that it was counting, did it appear to be a pretty large quantity? A. It was fome confiderable fum, I cannot tell the quantity. 2. Did you hear any expreffions whilft they ‘were counting the money? A. Yes, I heard them read writing, I.cannot tell what; I heard.a pen go; I heard there was fomebody in the room writ- ing; I heard one fay to the other, that it was wrong, they muft write fomething elfe, but I-could not tell what. Fo hn 4 %: ala ‘ aie alt { (¢ 223¢ ) Fohn Dyafon, , “Crofs-Examined by Mr. Dallas. 2, You are a waiter in this houfe—did you liften at the door? 4. No. 2, Lhope youdid not. Do you mean to fwear, that without liftening at the door you heard a pen go; look at the Jury» and tell them that, upon your oath; without liftening atthe | door, do you mean to tell the Jury ae you heard a pen g go? An ¥ §5- Mr. Garrow. Witt i is the evga at conftituted of ‘between the two rooms? ra). . . A. The partition between the two rooms is wain{cet, “part of the way up, and then. above it an open lattice work. 2, Therefore, without getting up torliften, . you: heard’ it ? Ad Yespt-heard it as] Jay uponany bed! Mr. Garrow. I will juft call Mr. Perkins: backs; to, hous whether what this withefsreprefents of the lattice-Work is true. q buslvoriies . Stephen Perkins. (Called again.) 2. What is the partition between the room ‘in which Dyafon fleptj arid ‘the room:int which thefestwomenflept? +s A. Lath and plaifter ; there is a paflage goes by this young fellow’s> room with acthin:partition;:end the head-of his»bcd comes againft the head! ofrone of tthe beds in the other’ room, 2, Is the Jath!and plaifter:a:clofe partition upto the top? VAY Yes, itvis upto the:topsinthatrpart,, but. it is epen, in thelpaflage-way toithe door,:for abgut: fixteen inches ; it is an open railing above the pannel. 2, Is there any thing there:to' prevent the fe ca heard from one room:to-the other? oad No; if you lay im. thatiroem, syou: can, hear any body moying in the other-room, John King, Efq. (Sworn.) gi Examined ih Mr. Garrow. Heo You, are Under: Secretary af State, to. hisGrace, the Duke of Portland? ti P 3 Pee kas (2144) Ares: . 2; Were you prefent when this mahogany money-cheft was broken open at the veertary of .State’s office? : As Fegyie 2 2; Did it require soudibntatile force to break it open? . Ae It did, 2: Did you, upon its being broken open, examine its con- tents? A. Vid, 2, Has it been fealed up fince? 4. Yes, with the joint feal of Mr, Ford and myfelf—this is my hand-writing upon it. : .. Mr. Suftice Buller: Y ou may open it. [ Mr. King broke the feal.] Mr: Garrow. Whatidoes it cantain? A. Louis-d’ors, double Joyis-d’ors, and guineas—and I think one or two-half-guineas, 2.-To-what amount in the whole? A. [believe fomething more than a thoufand pound, 2,, All ip fpecie?= ~~" A. AllLinigold, 2, What'proportion dges the foreign money bear to the other? ~ A. Thave-a little memorandum I put ini my-pocket.; =the great bulk is, I think, indouble andofingle -]ouis- dors ; this bit of paperwas in a’ bag with money, -and:there -wasia little bit of. ftring; «whether ‘the dtring:is now dn it Lido not ‘kriows but: it tied’ this:paper to the ‘money which was rolled:up.in brown paper. ; ee A ticket to fomething like.a syhl lees A. Sess. this is the bit of papery: and this pia erhies Canker Hk AER aoe ae : : ea 2, Did you and Mr. King ait your F eeiattivh féals upon it? iy Yes; firft of all we marked it. .: How did you: become poffeffed: of this fmallcheft? a | received it from Fugion and Revett, in Bow- ftreet. 22 Neo It continued in your office, unopened, till it was broken open in the prefence of Mr} King and. you? A, J ordered them te keep the box, and-to-bring it when I had them to re-examine; I did not break it open at that time ; they were ordered, the next day, to the Secretary ‘Of State’s office, and there the box was broken open in my prefence, Q2.. "There is a dreffing-box likewife, ina black teaphcr gale, did'y you fee that, broken open? A. Yes, I did. 2. By whom was that produced ? A, It was produced at Bow- ftreet by Fugion and RevVetty and Kevt by them till ‘the next day, when they i ng if to the Secretary of State’s office. He I underftand it has been in your ‘oliftody ever nee? - SOnas. ey 1 °° Richard Pordy Big. ER MES Grofs«Examined by Mr: Dallassixe 2.. Thefe boxes, were, brought by. Fugion | and Reyett to cic ris wt became of them after. they were sbrought there? price A. ‘They. wete nat opened in Bow-ftreet ; Pe Hers qwere committed; I knew they ‘would be re-examined, there- ii fore { 238 } fore I keptithe boxes.unopened ; the matter. was then commu- nicated to the Secretary of State; .who had been apprized of it before ; he ordered'them to be brought to his office, and there the boxes were broken open. 2. In whofe cuftody ‘did they ‘continue? A. In the officer’s cuftody, locked up in a room at Bow- ftreet. ’ Richard Ford, Eq. Grofs-Examined by Mr. Gurney. 2, The prifoners were brought before you immediately upon their arrival in town, prior to their being taken to the Secretary of State’s office? A. ¥es. 2. Mr. Binns, when he was brought before you, acknow-~ edged immediately that his name was John Binns? 4. He did, Richard Ford, Efq. Crofs-Examined by Mr, Ferguffan. 2. Do you recollect any money being ftated by the officers to be found upon Allen? . 4. do not recolled it. Mr, Plumer. Mr. O’Connor told you his name immediately ? A. Yafked him what his name was, he faid his name was O’Connor, . 2. Did Alen give you his name? A. He did; and he faid, what he bad Behe was by his mafter’ S$ orders. Adr. Gerrow. You have been afked whether Mr. Binns, upon being afked’his name, did not immediately. tell you his name, and whether Mr, O’Connor did not alfo. tell you ‘his name—I underftand they both did; did you afk any of the prifoners whether they were dinsieand or connected. with each other? e Mr. Plumer. Weie the pnegiars” of their examination taken down in writing?) A. The particulars of the prifoner O’Coigly’s-examination were taken down in writing by myfelf, which I-have got. | + a. ; Mr. Gee. ‘ io amy See he ae ones lacie mbna 3) uae See ie ia Bs: Sohn ar Neo Re POSSESS SS Stats Nos USAT paging Ae MMR SN Teer ge OT CNRS a #- (( 289 ®, Mr. O’Connor’s were not! 4, No, Mr. O’Connor ‘declined anfwering any queltions. Edward Fusion. (Called again. i Examined by Mr. Garrow. 2. Among the articles you fecured and. Ssoniabe-ad up to Lon- dur was this {mall heavy cheft one? A, It was. Q. Did you keep that in.your pofleffion till you got to Bow- ftreet ? Ht. ES, 2, Where did you take it next-day? 4, To the Secretary of State’s office. Q2, Did you take it there in the fame ftate in which you found it at Margate? As VES: Q, Did you deliver it in precifely the fame’ ftate at Mr. Ford’s office? A, A-did. 2, s this dreffing-box one of the articles you prongnt up in the fame manner? A, It is, 2, Did you take that likew ife t to Bow-ftreet >" A. T did. 2, During that night, whilft it-remained in Bow treet, in whofe cuftody was it? : A, Locked up in a dining-room, of which Thad the key ; it was Carried unopened to the Secretary of State’s office the next day. 2» Were you prefent when theboxes were opened? A. Iwas only prefent when the little box was opened, 2, Was it opened with confiderable difficulty? A, Ehere:wasa: fmith fent for'to open it, ~ John Revett. (Called again.) Examined by Mr. Garrow. 2, Did -you afitt.in, bringing: this ‘final cheft' ‘to ‘Déadon, and the dreffing-box ? A. Yes, ¢ 2, Did ( 220° ) 2, Did you keep them at Bows-ftreet that night,’ in,"the fame ftate in which pow found them at Margate? sab Coa Cha Bie bang oll a Maan Ge anh 2. Were they locked up. there that night in the fate ftate ? Zz They were; I took them the next morning ¢, in the fame ftate, to the Secretary of State’s office 2. Had they been opened, from fie time you found’them a Maryate? till they were opened by force at the seth Bicdos of State’s ‘office ? inhale sated A. They had not. Fonas:|King(Sworn.}oy | = JF xanithed by Mr. Adam.” 2 .¥ OU are Bouter aiter at Whitftable? Vies; 2.» Do;youknow. any, of the prifoners.? A. Tl have feen them all before. ' 2. Do you know Mr. O’ adage O’ Geigy A llen, ‘and Leary?) uc A. J faw them at | Margate, 2. Did you fee the other prifoner at Whitftable, on tHe 26th of February ? ¢ A. Yess1 oe not fee Mr. O’Connor there. &..Do.you remember;;on Monday ‘the 26th. of Febritary lat, fome baggage being brought from ‘on board ‘the hoys to the. Bear.and Key? : iesh heat . 2, Did you examine it? ) A. Yes, 1examined-the-whole} excepting two: mahogany packages, 2, What was your réafon' for not examining them? 4. 1 conceived there -were-no fmugeled! goods;in:them from their fmallnefs ; and if there were any treafonable papers, or any thing of that forts bs knew my au ehority was not fufficient to detain if: sa lade Q3oDid any thing pafs! between you and ‘Leary upon that fabjeH ? | | Ory A Mr, ( 228 ) A. Mr. O’Coigly-told. me, they,were}Golonel: Morris’s pack- ages, aiid he had the'keys and they were his fervants,{ which was the reafon why he did not chufe to, haye them.opened., 2, The others; you.opened.and-examined? : A. Yess 1 did. . : 2, Did, they, fay. where Colonel Mortis was edie to! »? A. ‘They told me he was going to the, Eaft Indies. 2, The perfon to whom thefe two boxes belonged? . ' A. They faid the whole belonged ,to Colonel Morris; and part were marked with his name; that he was going; to the Eaft Indies, and he hadthe keys,, which,.was,the.reafom why they did not produce them. 2, Did you fee Binns afterwards, at any time? 4, Yes, at Margate.’ 2, Do you remember any thing that pafléd refpe&ting Binns at Margate? . A. I told him he was the man that had been with the, people at Whitftable to hire a boat, as. he anfwered the defcription they had given me of him. 2, Did he fay any thing upon that occafion? A, No; he did not fay a word. 2. Had he faid any thing before that ? Z I believe he faid eng that-he {éemed furprifed that I fhould «fay, he had ever been.at Whitftable: I told him I thought he wagpthe perfon that had been with the Whitftable people to get a boat to convey fome perfons:to France 2; You did not fee Binns till: he was apprehended? A. No. Mr, Dallas.. Nothing pafled between you.and Leary ? 4, Not that I recollect. Thomas Flocklefs. (Sworn.) Examined by Mr. Abbott. ; Are you partiowner of the Whitftat ble hoy? Ades. 4s 2; Do you know either of thé prifoners ? A. | know O’Ceigly. ( te j 2. Upon what'occafion did you fee him? A. |. went to receive the freight from him on Monday even ing, the 26th of February. 2; For how many did you receive freight? A. I put down in the bill fix parcels and four paflengers, but there were feven, and four boxes, ~which made eleven. 2, Did he pay you? A. He paid me’ one’ guinea. 2, Did you give him a receipt for it ? A, I did. PO aKG Mr. Attorney General. Is this the bill? A. Yes, it is. [ft was reed} *¢ Col. Morris, ** To Salifbury and’ Coz ee 1998. 5. de. “25 Feby. “ To 4 Paffengers: = - a co Wa “° To freight of 6 parfel of badage TLYO Pee epee sagas ** Recd. the Conts, ** For Salifbury and Self, « Thos. Hocklefs.” Henry Thomfett.. (Sworn) Examined by Mr. Attorney-General. 2, Where do you live? | 4, At Offham, in this county. 2; What is your employment? 4, & Jabourer. 29% 2; Do you remember being at the Bear and Key; at Whit. ftable, on Monday, the 26th of F ebruary laft? A, Yes. 2, Upon what occafion did you. go there ? 4, T only went there knowing the people there. 9, Did SMBS Oa ie SF oe Esti i> ae aS Se eet Ets ee cat ne ( 223 ) &, Did you fee anyof the .prifoners. at-the’ ban there that night? A, Yes, theré were fome gulichen there. 2, Had you any.converfation with thofe gentlemen about taking’ any baggage to any place? A. I was in.Mr, Perkins’s tap-room, where the two-fervants fat, one of Captain Jones’s, and the other Colonel: Morris’s. 2, Do you know the names of the fervanss? A. No. 2; Had you any converfation with them about taking bag- gage any where’? A, The waterman-came in and faid he would not take them under a guinea and a half; I offered to take them for a guinea 5 the fervant immediately afked me to go into the parlour to Captain Jones, I went in and agreed to take them for him for a guinea. 2, Do you know Captain Jones again? 4. Yes, that is him. (O’Coigly.) 2, Did you fee Colonel Morris at Whitfable, on Monday morning ? Ae Yee. 2, Did you fee them land? 4. Yes, I was there when they came on {hore from the hoy on Sunday afternoon. 2. You did not fee Colonel Morris when you went to agree about taking the baggage ? 4. He was not ‘there then. 2, Had you any talk about Colonel Morris: with Captaia Jones, when agreeing with him about the baggage? 4, Not a word, | 2, Did Captain Jones, or either of the ferVants; tell x you where Colonel Morris was gone to, ot where Pac were to meet them ? AT wasito meet them at Margate. 2, Who did you make ‘that bargain with ?.°""° 4. With Captain Jones. 2, Had you any conveffation! with Colonel Motris? $ fervaint about where hissmafter was! going’ to’? my won 4. None sie ( 224 ) nite None dh particular; 1 did not afk him any, queftions 5 in travelling he put that converfation. to me—he faid he was going to meet Colonel Morris at Margate, with,another gentleman coming frommDeovers Q..In.the converfation that. paffed, .was, it. {tated to you where Colonel Morris was-going tof A, Captain Jones faid he fhould return to, London again, as Colonel Morris and his fervant were going to the Weft Indies. 2, Yoware fure of that! i as 2, What time did you fet out from Whitftable? A, A-quarter before feven in the morning. ; Q, At what time did you arrive at Margate? A. About four in the afternoon; we {topped on the road to breakfaft, at Mrs. Raddon’s, at a place called Sarr. 2, Was that on the Tuefday? A, Tuefday morning. Q, Did Captain Jones go with you? A. He and the two fervants walked along-fide the cart: all the way ; we got to Margate about four. 2, Had you any other converfation with the Captain, in your way from Whitftable to Margate? Y. After we left Sarr, Captain Jones afked me what bufinefs I was; I told him I was a trader, and lived about forty miles from the place where 1 was then, I told him the people at Whitftable were all in a boggle about him. 2, What did you mean by that-expreffion ¢ 4, All in confufion to.know where he was going ; that they were in a miftruft about:him, about where he was, going;. he faid he was going to meet Colonel Morris and the gentleman from Dover; he-faid he had-been at fea himfelf,_ that -he -had failed:in the Morgan Rattler, the laft. American difturbance, as Captain. ®. Do you recollect what, fort of baggage it was you.took in your cart? : A, Yes, this is fome of the luggage, 2. Do you recolleét any thing in particular? 4. Yes, that box Captain Jones told me to take great care 2 oO} Space de ES AC ae ee Slab at nck 5 Abe ciinbesaedocks wabpicehl dt SaaS S iSO Ses oa, (. 225 ) _of particularly, and-a-coat that was tied up; when we breaks fafted, he ordered me to take the coat out of the cart into the _parlour; I gave it to the perfon that ftands behind him, that aed as his fervant; he took it in the parlour. 2, Should you know the coat again if you faw it? A. Tt was fomething like one of thefe coats ; it was tied up, with a tea-cheft in it. After we had been at Margate about three minutes, Colonel Morris came, with the other gentke- man; he called for a private room. 2, Was that, the fame perfon you had feen come from the Whitftable hoy, on the Sunday ? A. Yes, with: a drab-coloured frock. coat on, with another gentleman with him; they went up ftairs immediately: I faid to the fervant, that is Colonel mae oh Jafus, faid he, I don’t know. - 2, Which of the fervants faid that ? A. Allen. 2, Were you paid for this Ben ? A. Yes; Captain Jones gave me a guinea. After the barber had dreffed his hair, he went up ftairs to Colonel Morris. Mr. Fuftice Lawrence. Do you know the perfon that was with Colonel Morris? 4, I did not take notice of his face .as he came in. Henry Thomfett, Crofs-Examined by Mr. Dallas. Q: ‘You told Captain Jones, on the way to Margate, that the people at Whitftable were ina ftate of diftruft about him? A. I did. When he gave me the guinea he faid, the people at Whitftable are nothing to you; they are ina boggle, keep them fo. 2, Do you know a woman of the name , of Sarah Jones ? 4. Yes, fhe is a fifter of mine: 2, Have you ever had any converfation with her about the evidencé you intended to give upon the trial of this indidt- snent? A. Nothing of any confequence. Q; As to:the confequence’you will fuffer us to judge : ftate AY roy s5n; what (<6) } “what the con Verfition was you had with her upon the evidenée “You intended to give upon. this indiétment ? A, She fent to me when I was at Canterbury, to ask me about this. bufinefs; fhe faid it would be better for me if I did not come forward, fhe thought I niight have fome.money there ; I denied her, and went out of the houfe immediately. She faid Mrs. Peck, the phyfician’s wife, at Canterbury, was Mr. O’Conhor’s firft coufin. : 2, Upon your oath, and mind what anfwer you give, ‘you néver declaréd-to her that you would hang all thefe perfons? 4. I faid if they deferved it, let them be hung; I ftick to, my ftuff now; I will never deny one word. 2. Upon your oath, have you not declared to Ker saleby “that you would-hang all thefe perfons ? A. 1 will take an oath I have not faid any fuch thing. 2, Have you ever talked to her about ‘the expectation you had of a reward after this trial fhould be over? A. Never, I was not with her’a minute. 2, And you never faid, I take for granted, that if ai had a hundred lives, you would take them all? A No. . , 2, Do you know Cornelius Kettle? A. Yes, he lives at Offham. ©, Have you never told him that you were to have areward after this trial was over ? A. No. 2, You never told him that you ‘were to have a hundred pound for the job? AS NO. 2, Nor faid any thing to that effe&? A. I faid 1 would not take a hundred pound: my meaning is bribery, that I would’ rot take a hundred guineas. 2, Upon. your oath, did you add the words, from. any, of Mr. O’Connor’s friends. A. Nos it was'only Kis converfation to'me, that I>refufed it becaufe I have had it put to me: fince that i have had three hundred pound offered mie. Li . “2--Do you mean tofay that the fubftance of your vbnverlas' q tion to me was, that you would not take a hundred guineas’S 19190; 5 DSA Afrom '* : ————— ES ee eM eee a Se he eae ete Sa i Arg tao SE) ee SEER SS ee from any friend of Mr. O’Conndis }%or that you would. not take a hundred guineas for the reward you were to have fofsthe "evidence you were to ‘vive? 4. There was nothing of Mr.’O’Connor mentioned. 2, But fomething of a hundred guineas was mentioned ? A, He might fay, Harry would LN take’ a sea suineas, and I might refufe it. : _ But upon your oath, did he fay 1OT ALT 'cannot fwear any fuch thing. “© 2, Upon your oath, what did you ‘yourfelf oe as 'tothis hundred guineas ? A, There was no hindred priineas: 2, You faid fo jut now? A. J faid I would not take.a hundred saan Q, What did you fay about the hundred pound? _ A. Ufaid I would not take a hundred. prey 2, For what? A, For bribery. 2, Do you mean.to, fwear that.is what you faid.to, Mr. Kettle ? 4. It-was. mymeaning., + . 2, Tatk you what you aid ou wilt not fwear you added the words, for bribery ! a 4, That is my meaning, that I Haake not take a hundred pound, if any body Rey me. 2; Did you makeufe of thesword, that you would not take a fara pound for bribery? a #4, There was no fuch thing asa Hiriired pound mentioned: 2, Do youknow a woman of} the name. of Mary Morges] g "7 No. "2, ‘Was there any woman) ‘prefent. at the time you had this converfation with Mrs. Jones#. ..:. ip 4. ‘There was fome chair-woman in her room there, Henry Thomfett, ResExamined:by Wr. Attorney-General, 2, Y ou dropped an°éxpreMion'that you had had'three hundred pound offered.you; ; Bray ‘who offered: “you ‘that three es pound? } AT had a ike that was fent from He wenrh, a prifoner that is in there, that offered it me. Q 2 2, What ({ 228: § Q@\ What.did he offer iteyou for ? 4. To goaway, and not come againft thefe people. 2, In point of fa&,? your brother; came. to you. and offered you three hundred pound ; how do-you know he, was)fent from Newgate? : ' 4. By his word. 1s os, ‘Thats all: you kadw of it? A. Yes. 2. You refufed that ‘hve huiired pound which was iia offered 2you ?: Ao Fes. “botluo a. mid wDavid Affiterc: (Sworns) Examined by Mr. Adam. 2. You area ‘ftone-mafon at Gravefend ? ? 4A. Yes. 2; Do you recolleé, upon Sunday the 25th of Febristy, either of the perfons. now at the bar coming to your houfe at Gravefend? A. ‘The middle one, Binns, came to my houfe. 2, What did he fay to you? A. He mentioned a name in London that I knew, Galloway. 2, Who is he? _. 4. He is fomething in the i iron work by profeffion, ~ 9, Where had you known Galloway ? _ A. I had known him. three or four years back in London. ©, You underftand my queftion ; in what charaéter and ca- pacity did you know Mr, Galloway? ~ A. As a member of the Correfponding Society ; ; he mention- ed Galloway’s name, and faid he wanted a horfe. tite Did he give any name as his own name ? “4. He {aid his name was Williams. | 2, What did he fay about Galloway ? thou ee only mentioned Galloway’ s name. ie As how?, A. He mentioned: his name. from my knowing, Galloway. _jthree. or, four years. back, . - 1, recommended, him to a horfe, ithat was what he afked. - pasate | abe Did he tell you where he came from ? . a bed L4A.He RRS a Lit “SS EE SA Se eee (¢ 239%") ) A> He faid from ses emt that “che: wurge come down. yon the atgem boat: : 2, Where did he fay eo was going” to? i Ye my Z To Canterbury or Whitftable. ’ 2, Did you procure him a horfe? ‘A. IT recommended him to a horfe. Q, Did he name both places, did» he fay that he was going to proce or blliunss seine ? . A. Yes. V5: f: 2, Did you fee any thing more of bia cil be was take is inte: cuftody ? : A, I never. faw himefrom that tiie till 1faw him in ican 2. You are fure he is the perfon?... A.: Tam. <. [ 2. You did not know his feal name? 4, No, I did not. Niebola: Cloke. (Sint vie Examined by Mr. Garrow. 2. You keep the SunInn, at Canterbury? A. Yes. 6853; ee 2, Do you remember, upon the evening of Synday the 25th of February, any perfon at the bar vail to Your houfe ? 4, Yes, Mr. Binns came to my houfe, 2. In company with whom ? A. A perfon of the name of Mahoney, - 2. How did he come to Canterbury ? - 4. He came on horfeback, Q, What application was nae to you with cpiort to this gentleman ? A. Mahoney afked me if T could accommodate that gentle, man with a bed, and take care of his horfe, I told him J} would dg it; he begged me to put up his horfe, then Mahoney and he went into the bar, and had fome beer there. 2) Did'the i oo make any application to. yoy to fend to any other inn for him? | desist, a us ogni A. He ( (230°) (A, He defired me:to fend to the Fountain’ Inn for’ a letter or parcel directed for - “pegege and gave me a yee to pay for it. 2, Was his name mentioned to you in any other way than defiring you to enquire for 4 parcel for Mr. Williams? A. Not at that time ; I fent, but there. was nothing 3" one: of them: faid it might be at the, Poft-Office, I-believé Mahoney, but am not certain, faid that, upon’ which) Mahoney fad he would go and fee-—he went. | Q. Didsthe prifoner fay any. thing to you, ‘after Mahoney was gone, with refpect to the journey he had taken’ that day? A..He faid he was. very much fatigued with his’ journey, that he came from London to Gravefend in:the boat, and‘ from thence to Canterbury on horfeback, and was very: much ‘fa- tigued; heafked me when I thought the Whitftable hoy would bein? I told him I thought that evening, ~~ ~ 2, Was this while Mahoney was gone ? 4. Yes; Mahoney returned with-a-letter or two which he gave to Mr. Binns. ‘ 2, I fuppofe you did not fee the directions of thofé letters? A, J did not. <2; Was it, or them, opened by the prifoner? A. T-am not certain whether one or two were brought; I‘faw, him open one, then fome converfation took place-about the Whititable hoy between Mahoney and Mr. Binns. 2, About its arrival? 4. Yes; Mahoney afked the prifoner then’ what he the prifoner intended to dowith himfelf that evening ? Binns {aid he had fome thoughts of going to Whitftable; Mahoney advifed him to {top and go in the morning, ahd he would get fomebody: to fpend the-evening with them; I then offered them another room, Mahoney went out and foon after returned, atid three’ perfons more, who {pent the evening with them. 2. Who were they? A, Claris, a bookfeller, Stirrup, a man that lives in Canter- bury, and another perfon that I did not know. 2, About what time did the prifoner Binns retire to reft ? A, About eleven o’clock. : 2. When Sea sitoulbe Ve 7k See Ses (23% } 2; When, did:you feeshim again ? my f The Wednefday following. 2; You never faw him till he was in wkomon again, I .-helieve t.. 4, No; -and then L pee him at Canterbury at the King’s >» Head... rote) Did you go into > he room. where he was? A. did; Iwentup to him and told.him I had had the plea- fure of ane him before, but he denied, knowing Me; and or- dered me. out of,the.room. 2... Repeat,his exprefiion when he denied knowing you, and ordered.you.out of the room ! A. He faid he.knew.nothing of me, and with. a deal of haugh- stinefs ordered.me out.of the room. 2,-That induces me to afk you whether you are fure that this is the perfon who was. at. your houfe upon the. Sunday evening before, and with whom you had all this converfation ? A. L. am. 2, Have you any, the leaft doubt in the world of it? A,. No, Mary Lemon. (Sworn). Examined by Mr. Garrow. 2, You,were afervant to Mr, Cloke, at the Sun, at Can- terbury,? Wwe rey A. Yes. } 2, Do, you,.remember .upon,.a. Sunday, night. any vperfon ss you, now, fee in Court fleeping at_you matter’s houfe fs rY eS. 2... Which.is the -perfon?, A... Ghat man, Binns, (pointing to Mr. O’Connor). cise How foon after, he came to your houfe did you fee him ? A. Till.2 about ten o ’clock when he went to bed ; I-warmed his bed and lighted him to bed. er aS, 3 2... Was the-perfon a ftranger to. you before? A. Yes, he.was. 2; Didthat,perfon, whom you fo light ed. to beds bre you any directions for the next morning ?. aa Ly O 4. pre Yes; fv ({ Agee ) A. Yes; Iwas to call him between fix! and -feveno’clock. 2, Did yoy'do fo? 4. Yes, I opened his door and called him Q. How foon after mie had called his. at fix o’cloek, aid you fee that perfon again? A, He called for his thoes: and’ black» gaiters: that: he~hady; and I faw no more of» him after he went out till between twelve and one:o'clock. 2, Where did you fee him then? 4.He came. back-to-our ‘houfe to: breakfaft. 2, Was any perfon with him when heocame back? 4. Yes, : 2. Are the two perfons here that returned:to your~ houfe afterthe gueft had gone out:in the: morning? 2. Yes. 9, Who were thefe two perfons that returned afte the gueit: had gone out in-the morning ? _ A. The perfon furtheft from me (Mr. O’Connor) is one: 2, Was that the perfon (0? Coigly) that came back? 4. No. 2, Was that the perfon (Binns) ? A. No. : 2. Was Mr. O’Connor the perfon? A. No... : 2, Which do you take to be the perfons that came back? A. Mr. O’Connor and Mr. Binns. sg Which are the two perfons, whom _— now take to-be Mr. O’Connor and Mr. Binns? | . _ A. Mr. O’Connor I cannot recollect. 9, Which do you take to be Mr..O” Connor now? _A. When I faw them before in London I knew them. D. Are you ‘enabled now to point out which you in. your confcience believe'to be thofe two perfons : ? A. No. ! | 2, Do'you think that by going nearer to them you fhould be able to point out the perfons? A, I think I fhould—(the witnefs went clofe to the bak) R; Do not hurry yourfelf, but: look attentively: at all'thofe ' _-perfons, Nr + cilia lic eas tee ih he bem GES Po SS Ne ie Sa ( 233°) perfons, and°ftate which you’ believe to be the perfon you lighted to bed, and who went out early in the morning? A, That is the gentleman that flept there (pointing to Mr. ©’Connor)—no, ‘that is the perfon—(pointing to Binns). Q, Who do‘ you now feprefent yourfelf to believe’ was the perfon that flept at your mafter’s houfe? A. That gentleman——(Mr. O’Connor). 2, What did you mean juft now by pointing, to the perfon who ftands neareft to you? A. This (Binns) is the: gentleman that came in the morning along with Mr. O’Connor about noon. 2, What do you mean? 4, He (Binns) is the gentleman that flept at our inwalt. 2, There was but one ftranger came to your mafter’s houfe. on Sunday, was there f oA. No. 2, Which of the perfons do you believe was that ftranger ? » A, ‘Vhis gentleman. Mr. Fuftice Buller, 1 have ftruck -her-evidence: out of my notes. Daniel Valder. (Sworn.) Examined by Garrow. 2. You are an Officer of the Cuftoms at ela 4A, Yes. oa 2, In confequence of fomething that had come to your knowledge was: you upon the watch upon’the ‘night wnat ag ing the apprehenfion of the prifoners at eet sinmeks A, I was. Q2, Did you continue on watch till alb\the boats were laid aground by «the ftate of the tide? ae. As AWdid. . 2, Did you afterwards go to Mrs. Crickett’s, at Margit where the prifoners were apprehended ? sy A. did. 2, Did you affift in their apptehenfion ? A, Tedid: 2. Did any’ of the prifoners fay any thing upon that occa- fion (12343) Son, with. refpect, to their _knowledge,of each: other? 4, Ydid not hear, them... .. 2: You affifted in, feizing the baggage likewife,? “yA. hedid, : 2, Did you, hear any converfation of the prifoners? 4. Noné at all. Oliver Carlton, Efg. (Sworn). Examined by Mr. Attorney General. 2, You live-T:believe in-Dublin? 4. I do. 2, What official employment do you shold there ? A. Tsam'High Conftable of the diftri& of the metropolis ? Q. Have the goodnefs.to .inform me whether you, found thofe papers any, where, and upon what occafion? A. I found thofe papers in Leinfter houfe, in the apartments of Lord Edward Fitzgerald. Mr, Attorney. General., ‘Thefe are. the two letters: which Mr, Lane:proyedto bein the handwriting of Mr. O?Connor. Oliver Carlton, Eq. Crofs-Examined by Mr. Plumer. 2. You live at Dublin? A. “1 -do. ~ 2; You know then that Mr. O’Connor’ was’ kept in clofe cuftody/in the caftle at Dublin for fix or feven: months? A: He'was for feveral months. &, And he was then liberated ‘without we trial? A, V believe fo; 2; T believe you’remember when Mr, Le Céhnsh hada feat ‘in the Trith Houfe of issih ALT do. : 2. What plate did he repre ? A. Ido'ndt know, 1 Q, Helis the nephew of my Lord Vorgueville? ; 9 4 Ihave heard Pies believe fo, Search FS Vite a (285. )> + Q, 1 believe-it-was: the beginning of January, -in: the’ pre- fent. year, when, Mr.. O’Connor. left‘Ireland? /« A, I do nov know the time he left. it. Lr... Attor my Gener al.. Look at this BE fubferibeel James O’Coigly® A. 1 found all the letters in the fame room 3: Ivput.a vere on. them. Mr. Abraham Abbot: (Sworny. Examined by Mr. Attorney General, Q2, Where do you live? A. In Cork, ‘in Ireland, 9, Bé fo good as look at thefe two letters, and’ ‘fay iF you know whofe hand-writing they are? A. I believe them to be the hadi wilt of Mr>©” Connor. 2. Have you feen him write? A, Vhave. Mr. Attorney General. Thofe two letters were alfo proved by Mr. Lane to be Mr. ‘O’Connor’s hand Hcg are will art read the letter to Lord Edward Fitzgerald. f ft was read. | «© My dear Friend, “ J. have hada letter. written to you thefe ten days, and have « not had an opportunity of fending.it to you; you can’t con- “ ceive how it has vexed me not to be able to find. a good, .or “ indeed any, way of. getting Maxwell off ; he. has been moft “ adive to try,and get away from his Creditors, but they fo ‘© watch him, and this Embargo by the Enemy make it, moft ¢ difficult, though I think he will be off in three days) from “ this; it’s faid that Lord Fitzwilliam. is going over, to Ire- “¢ land, and that great hopes are entertained of feparating the “ Catholics from the Union. .-This, will be your, )ando every “¢ honeft man’s bufine/s to prevent, and tho’.a .few.tof the old “. Committee Patriats fhould attempt it,,.the people are moft “ honeft.—I received both yourletters—the.one.to Debrets, ‘and the one by the Young Men—I fhall do all I can for * them, w ( 236°") ‘them, and hope with effet in three days ; if that fails, I will “ make it a point with Maxwell, that he'goes by Hamburg; ° “¢ indeed he is in the greateft impatience to be off. ~ The man <¢ of Confideration told me he heard the Government here had ‘ intercepted a difpatch from France for Ireland, which pro- “ mifed great affiftance. They ‘are here in great confterna- “<< tron, the Money and their Commerce are very low, The black “< Yerrier and his little Brother are but forry Curs—the latter “¢ has become a land broker, and if I amrightly informed, has “ found the little Priefi, and the Sugar Baker and many others “* have fent him their money to lay out for them, and thus to have “ their agent they have been at work $ Chevalier wasthe perfon “< who wrote to my friend to have nothing to do with Nicholfon “ or her fet, for that they had fallen into contempt, from. the <© appearance they cut. I fend two Copies of the Pamphlet, “‘ but they muft not be let out of the room you and Pamela “read them in, until you hear from me, as otherwife I “¢ fhould be in Limbo; there is not one out here, nor will ‘* there, until I can do it in fafety,—you can have an edition «¢ printed in Treland—I fhall fend you 100 capies for the ** inftant-—They are to be fold at three fhillings and fixpence, ‘Sand of courfe not to be given to any that cannot be de- ‘pended on, to avoid profecution.—The instant I get ta Willams you foall hear from me, I mean to be as ative as “© I can; one of the Copies are for Dowdall, and let him infert “as much of it, or all of it, as he likes ; he will obferve the *¢ Errata anc’ the Corrections. I have not words to tell you, “how much I am‘concerned at Pamela’s illnefs, but I hope ‘and truft fhe is getting better—I fend you a letter for M‘N. s* and leave it open that you may fee it. You can Seal it, and ‘fend it to him, and fend the Money to Hugh Bell. for me. ‘Adieu my dear Friénd, be difcreet, and on your guard, oa © Your’s, ever mott fincerely, ‘© P.S. I have written to Emmett about your Friends Bail— “© He has adjufted bis Fortune, fo as that you nor he can be put “sto any inconvenience for want of the Money being paid. 1 Lord Edward Fitzgerald.” Mr. (Bg. ), Mr. Attorney General, We will now read the paper, which is proved te have been, found in the razor cafe, which explains Williams by the word France. _f Jtt.was read. | <¢ France << Spain *¢ Holland « England < Brett « Texel . “© Belfaft « L. Swilly « R. Shannon <¢ Galway « Shannon “ Bantry ‘¢ Kinfale &¢ Cork “¢ Waterford “© Wexford Coaft “© Wicklow Coaft « Dublin Bay. “¢ Houth Bay _& Direct, “6 TOOO men — < Ship of line «cA Frigate - € Treland + tiie Ra th ('' 2658 ) Richard Ford, Ejq. Crofs-Examined by Mr. Plumer. 2, Was not the reafon why Mr. O’Coigly would not fign it, upon its being read over, that he faid it was not correct? 4. No, that was not the reafon. . Did he not fay fo? 4. No. GFA Sey 2, Was there no obfervation of that fort made? A. Mr. O’Coigly at Bow-ftreet faid it was the purport of what he had to fay, but that he did *not choofe to fign it. — Mr. O’Connior’s examination took up fome time, and hé-and I afterwards went into another room, where it was fettled, as far as I believe it could be, to his fatisfaction,’ but he declined figning it. ) : Mr, Attorney General. Do I underftand you right, that after it had been taken, Mr. O’Connor and you cone it together to his fatisfa€tion ? bs A. Mr. O’Connor was examined before the Members of the Council, and I took down a note of what he faid; that-was afterwards copied by one of the clerks, and copied incorredtly $ when it was read over the next day to Mr. O’Connor, ‘he ob- jected to many things, that they had not been written ashe ftated; I was defired to go into another room with® Mr. O’Connor to fettle the examination by ourfelves, and I fettled ‘it to Mr. O’Connor’s fatisfa@tion; Mr. O’Connor diétated a good deal of it to me; there was nothing I took down that I did not afterwards read to him, and have his affent to it. © Mr. Plumer, Did you tell either of thefe gentlemen, when you were takine Ha n their examination, that it might be. Be duced againft them? A, No. 2 You did not give them any notice of that ? 4, No. ‘VS Mr. Attorney General. What was faid to the perforis*that were examined in your prefence by the Secretary of State, be- fore any queftions were put to them? Rig A, They (( 240: ) A, ‘They were told, as all the prifoners I have been prefent at the examination of before. the Seeretaty of State, have been always told, when brought in, that the charge againft them is of fuch and fuch a nature; that they may decline anfwering any queftion that they feel at all to affect them. Mr. O'Connor. Did Ynot, at the Council, when I faw you writing, make an objection to any thing I faid being taken in writing, as it was fo liable to miitake ? oP) A, I rather think you objected; you feemed to think fome- thing might be taken down in an unfair way; it. was upon that ground afterwards that you was defired to do me the favour of going into the next room, and fettling your examination with me to your own fatisfaction. Mr, O Connor. Do you recolle&, when I went into that room, that I objected to moft parts as it had been taken down? A. As it had been taken down before. Mr. O'Connor. Do you recolle& that you was rather fight- ing to have a good deal rétained, which I was rather unwilling fhould ? A. 1 will ftate how I feel that in rhy own mind at prefent. You faid 4 great number of things the day before (whether re- Jevant or not I have nothing to do with) which the next day, or the day after, when you were in the other room with me to fettle the examination, you wifhed to alter; many of them-had no reference at all to the charge; thofe things were altered certainly ; a great number of things were ftruck out, and F be- lieve I might have faid, in anfwer to your queftion, “ Why, it “does not much fignify, you certainly faid that, it may as “¢ well ftand as not.” Mr “O Connor. You conftantly faid, * It does not firnify.” ‘To haften the matter, I brought in the paper to the Duke of Portland; you wanted me to fign it in the ftate it was ; I did not choofe to fign it, but I am not confcious that there is any thing in it. 7 Mr. Attorney. General. Was there any thing put down inthe firft paper that Mr. O’Connor did not declare ? A, Nothing. Bes Bae thks ks ae ces . ; 2 52 ESN a SN IES He gis) I 3» i at Hs EN SERS Wa ah { 247 ) Richard Ford, E/q. Crofs-Examined by Mr. Ferguffon. ®, Whether you can bring to your recollection whether the prifoner Allen was afked to fign his examination ? A. I can hardly fay whether he was examined or not; if he was, it was very flight. Yes, I have a minute of his exa- mination; I think he was asked to fign ‘its but he did not fign it; but I do not flate it with that certainty that I do with re- fpect to Mr. O’Connor or Mr. O’Coigly. Mr. Attorney General. Did Mr. O’Coigly call himfelf Mr; Fivey, to you? A. Tasked him what his name was? he faid it was Fivey- [The Examination of Fames Fobn Fivey, taken before Mr. Ford; read. | “ Weftminfter to wit. The Examination of Jamies John ‘© Fivey, of Dublin, in Ireland, who fays, that being in an ill <¢ ftate of health, he went into Kent, with a view of paffing a & Mbort time in the neighbourhood of the fea, previoufly to his going “ t9 Dublin, having an expectation of going in fome trading ‘¢ veflel back to Dublin in a few’ days—that he went down “ there (to Whitfable) in a Whitftable hoy; embarked near “ the Cuftom Houfe at Chefter Key, on board the faid hoy, and “¢ arrived at Whitftable on that night— That a young gentleman, «© named Allen, who was introduced to him a few days before; “< propofed to go for a few days with him previoufly to his going «< to Jamaica, where his brother lives—That faid Allen was in- ‘¢ troduced to him a few days before by an Irifhman, whofe name ‘he forgets, but rather believes to be one Hamilton—That <¢ Allen is an Irifhman, and is now in cuftody—+That another « gentleman and his fervant went on board with him, who are “¢ ftrangers to him—that he faw the name of Morris on their “< trunks—T hat the linen ftriped bag, a pair of faddle-bags, and ‘¢ a leather portmanteau, all now produced and marked by John “ Revett, in examinant’s prefence, were his (examinant’s) “ luggage——~T hat he recollects having feen the three maho- R.4 ‘* gany ( 248 ) <€ oany boxes now fhewn him, and marked by Richard Smith, «¢ and another box in a leather cafe, and rather. thinks they < Belonged to the gentleman he faw on board the ‘hoy That “the paper-board box now produced he alfo remembers to have “ belonved to faid Allen ——And this examinant fays -he Jatt “lived in Greek-ftreet, in Dublin; at Mr. Marmions, and is “Of no particular bufinefs ; that he bas been in London ever «Jinte May laft, excepting a fhort time at Mr. Campbells at “ Liverpool, and lodged in Barton-ftreety) Weftminfter, and ‘¢'with Dr. Macan, in Charles-ftreet, Weftminfter, and elfe- s¢ where. That when at Whitftable, one Perkins offered ** to take him to Flufhing, which examinant refufed, meaning “ to go to Marzate.” ¢ Taken by me, this rft March, 1798, “ RICHARD ForD.” Mr. Plumer. Where was the luggage marked? A. At Bow-ftreet. 2, By whom ? A. I directed it to be marked; I think I faw Smith mark it;. Lam fure it was marked by fome of the perfons that came from Whitftable ; it was marked in the room in which I was. Q, Were the prifoners there? A, 1 cannot fay whether they were or not. Mr. Fuftice Buller, Wad O’Coigly feen the lugcaee when that examination was taken? A, It was in the fame room, he was clofe to it, and when thefe boxes were marked, they were pointed out to-him. Mr. Plumer, It is here ftated as.a fact, that they were all marked by Revett, in his prefence, Mr, Ford. That is my writing, I wrote it-from what pafled at the time. [tbe Examination of “Fohn Fames Fivey, taken before his Grac: the Duke of Portland, read.] «The Examination of James John Fivey.—This examinant * fays that his name is Fivey, and that his Irifh name is O’Coig- “ly, «&¢ «e «ce “ < ec <4 ras \' ie F ( 249 ) Sly, Csig méaning in Irifh five; he is of no particular pros feflion, and declines anfwering whether he 1s in orders or not 5 ‘he came to England about the latter end of May laft; he did not engage the Whitftable Hoy before hand, but told a Sailor he defigned going, and made no particular agreement—he fent his basgage, but declines anfwering by whom—he meant to have ftaid at Whitftable if Ke had found good lodgings ; from thence he went by Jand to Margate, acrofs the country, with a perfon who fhewed him the road; he walked ; two of the company who were in the hoy joined him, he may have feen Mr. O’Connor before, but had no connection with him-»— Mr. O’Connor'went to Canterbury, he had no direttion to examinant at Margate. Examinant came to the inn firft— though Mr. O’Connor’s fervant and another young man, by name Allen, came before him.—Examinant had been ins troduced to Allen beforé by an frifhman, as ftated in his former examination—he has feen Binns at a public meet- ing inthe laft Summer, but has no particular acquaintance with him—hé thinks Binns went by the name of Williams, but has no dire&’ knowledge of it-—Examinant is fure he did not feé Kim at Whitftable, or any where between Lon- don and Margate, and that he had no kind of communica- tion with Williams about getting a veflel at Whitftable-— And this examinant further fays, that he did not know that O’Connor went by any other name, but he faw the name of Colonel’ Morris written on the trunks; examinant bad no great coat with him, nor was there any great coat in the room when be was taken—there were feveral great coats in the party, but he don’t remember who wore them. Ex- aminant fhould have remained at Margate, and have left his company in a few hours; hee ealtared for lodgings, the girl at the inn faid fhe knew a perfon who would let fome cheap, and that fhe would make enquiries—Examinant was not in health; he Bo for the hoy a guinea—the man gave him a receipt—the gentleman defired him to pay for all the party.—Examinant iene fhewn a paper, No. f. figned © O’C! and marked’J. Revett*) he fays he does not know QD Be} ae heortni ) ie 2 Wye a0 cing the note begining “ Dear Fones.”” Vide page 146. ( 250.) ‘ the hand-writing, or whether it was meant to be addrefled, *¢ to him-~Examinant has been in Plough Court Fetter Lane, “and may: have had letters directed to him there; (being “<< fhewn a pocket-book, green and gold, produced by Revett,) ‘Ohe fays ut. was not found upon him; he declines anfwering as ‘< thing of a paper direCted to Lieutenant Johnes (now fhewn “to him)-ar of a letter from Manchefter, figned We. Parkinfon, “¢ directed to Amfterdam—he never Jaw. the paper purporting “¢ ta be an Addrefs to the Directory of France.—No BEB 178 “¢ the baggage belonged te him, he fuppofes it belonged. to the ¢ perfon who had it in-his.care—Examinant denies oly great € coat to be his ; the baggage was taken care of by the gentle. « man3-—-Examinant faw fomething like the. coat in the cart; “ fays that he dined with Binns and O’Connor,, and that << Allen and O’Connor’s fervant dined together; being fhewn “a ftock: buckle, (produced by John Revett), he fays he had “ one, but does not know whether that is it or not; (being “ fhewn aidagger, produced by John. Revett}) he fays he «bought it near Capel Street, on the North Side the Ri- ver in Dublin; he did not order it, but found. it ready “ made; when he came to London, he lodged in Barton *¢ Street, at No. 8, up two pair of ftairs; lately he has had “ no lodging, but flept occafionally at acquaintances.; the laft *¢ niehts he flept at Hamilton’s in Holborn:—he knows Evans *¢ of No: 14, Plough Court, but does not know.whether he “© is a member of the Correfponding Society.—Binns of Fet- “€ter Lane; is a member of that Society, as..examinant be- ‘Clieves.~-Examinant had the care of the baggage from *¢ W hititable to Margate—but knew nothing ofits contents :-— “‘they were'to fettle with him at Margate.---Examinant never “ faw it opened but by the Revenue Officer at Whitftable.--- « Examinant does not know one Mahoney at, Canterbury,. or “Cany other perfon there, nor had he any recommendation to “any perfon there,,or direction ; he doesnot know. any .per- *‘ fon named Williams; (being fhewna paper in pencil, mark- “ ed 2.Kivey, and thet by john. Revett*), Examinant * Being the direction to Mr. Kean Mahoney. s¢ fays & fays he does not. know it ; that he does. not know~Mr, «© Murphy in Dover, Street Piccadilly ; (being: fhewnva paper cé ‘marked 7 Fivey, John Revett,) he fays he does not know “ the hand-writing, nor a paper marked No. 6:Fivey; he fays “Che has feen Crofsfield and Colonel. Defpaird, but does) not “know much of them+--he knowsjalfo one Stuchey a Taylor, Cunear pdb but. does not know Palmer, “ Taken before me, this 5th day of March, ‘1798, “PORTLAND. Richard Ford, Efq. Crofs-Examined by Mr. Plumer. ©, Whether particular queftions’ were not put to the: pri« foners when they were examined ? A, There were. 9, 1s any one of thofe queftions. put down in this exami- nation? A, Not one, excepting where it fays, “ being thewnm fuch >? “¢ a paper,” or “ being afked,” 2, Have you taken down the anfwers without taking down. the queftions A. J took it down in the nature of an examination. 2. Then when a queftion is put and negativedy it is not noticed? You do not mean to reprefent that this contains every thing that pafled? A. I fhould upon my- oath refer to. that paper, as a pretty corre tranfcript of what paffed. Q. I.dare fay that you took down correctly what appeared to you, to be material upon the fubject. I do not know ‘that you were aware at the time it would be produced ina Court of Juftice? A. ‘There was a great probability that might be the’ cafe ; I took it dewn as completely as I could, there were a num- ber of things which I did not think it was material to put dowit, 2. T-underftand then you did not apprize the’ prifoners, that thefe would be made ufe of againft them, as evidence, which ( 252 Jj which F take for granted, you would have done if you had expected it ; there is not one queftion put down? A. No. Mr. Attorney-General. Is not this the conftant courfe inf which examinations are taken? A. Yes, I have attended the Privy Council for years, and this is the manner in which examinations are always taken down, at the Privy Council, and at Bow Street. Fuftice Buller. Did you read this over to the party? A. 1 am almoft certain I did. Mr. Attorney-General. 1s it not the conftant pratice to read them over to the party afterwards? A. TY am almoft certain I did. Mr. “Fuftice Buller: Have you any doubt whether you did or not? A. I very ftrongly think that they were read over to them. Mr. Plumer. But you will not be pofitive? #. I will not be fo pofitive as Iam, that Mr. O’Connor’s was read over to him, becaufe that paffed in a room in which he and I were together, and I remember taking particular notice of that. Mr. "Fuftice Buller. Have you any memory whether the examination taken in Bow Street, was read over to O’Coigly ? A. It was read over to him, and he was afked if he would fign it; and he was afked alfo whether he would fign that before the Privy Council. Mr. Plumer. It would be very material to fee the quef- tions. Mr. Fuftice Buller; Y never faw an examination with the queftions. Mr. Garrow, According to the direction. of the a Oe is precifely the form that has been conftantly adopted.-+ Your Lordfhip recollects in Lamb’s cafe, it was precifely in ‘this form, and he was: executed upon it; after it had been faved for the opinion of all the Judges. rm £ n ce << cc ce cc al ¢ ral a a“ na cc 6¢ ¢ ray € n ¢ ray ¢ ra cc “6 EG. 6c al e ce ee &¢ «ec ce «cc ce «a¢ £¢ ( 68> ) rr77 The Examination of Mr. O? Connor, taken before bis Gricé the Duke of Portland, read. | nn pees ( The Examination of Arthur O’Connor, Efq TO WIT. “< This examinant fays that he embarked on Sunday morning laft, fome where nearthe Tower. That his purpofe was to go to Whitftable, his ultimate intention being to go. to Mar-~ gate; that he did not know any perfon of the name of Fi- vey, there were people in the hoy, and amongft them, a very old man, and fome others, but how many he does, not ‘ recollect.---Being afked whether he knows one Binns, he declines anfwering as to him or any other perfon ; he declares unlimitedly that he had nointention to have gone to France, or had engaged any veffel whatever for that purpofe; that he landed at Whitftable, and was afterwards at Margate, but does not fay with whom.. That he heard that his baggage was examined at Whitftable, though he was not prefent; but as the baggage has been a long time out of his shell he declines faying what part of it belonged to him; that he told his feryant to take his baggage to Margate, but heard that he could not get it conveyed by water. ‘That ex- aminant went from Whitftable to Canterbury, in his way to Margate, Says that he does not know a perfon named Mahoney, at Canterbury ; refpecting the baggage he fays, from its having been opened fince it was in his. poffeffion, ‘he declines fpecifying what part belongs to him; that he is no ways accountable for what may be in the baggage, not having himfelf kept the keys of it; he fays there are fome mahogany boxes which belonged to him, that there appear- ed to be 2 boxes that had money, but as they and the keys have been fometime out of his pofleffion, it would be im- prudent in him to be accountable for their contents; that he knows of no paper that can apply to him, and that he never kept a paper that any perfon ought not to fee, and ‘that he is convinced, that when the boxes were in his pof- feffion, there was ng political paper in them; but that there © was ( 254 j ** was money in them belonging to him; that he thinks there c€are 4° Rouleaus of 50 ee each, in one box that he “does not exactly know the amount in the other, but that it ** contained: Louis.—Says he bought the Louis in London: <*'from a gentleman who got them, he does not chufe to name “him; that he had had an intention to have gone to Ham. ‘burgh; that he was expecting letters conveying intelligence “Sof his bail,’ which were to determine the time of his going Sto Ireland, and that he bad an intention to have fent his bag- * gage by fea to Ireland; {ays that he feldom travels’ by his “own name, and that he had feen fome of his things marked «< with the name of Morris ; be declines faying whether be ever * went by the name of Maxwell; and this examinant declines **faying any thing, as to who was with him at any particular ** time; he does not with to be thought ere with any ““ body elfe, but to ftand clear of all other perforis—T hat he ‘eave hts fervant money to pay for his bad and’ of ‘courfe “¢ fuppofes'that he did fo; that he fhould not have ‘authorized ‘him to have paid for any body elfe; that he had had a ‘jack- «* et made when he had an intention to hay € gone to Swit- «¢ zerland, which may be inhis trunk; that he meant to have «paid a vifitto Lord Thanet, and Lord Stanhope, from Whom « s¢ 22. Breakfaft, fupper, and waiter, $¢ Coach to Canterbury, 27 «*¢ Coachman and expences, « Brandy and water, Whit, <¢ Supper, bed, and breakfatt, “ = <¢ Coachman and breakfaft, a = Fe “° Coach to London, 54, - ~~ - “Tea, oats for horfe, Newington.” ~ m™ OD 2 6 %O <6 LD BOLO LO DLO 20 50 © @ Oo OO OO -O O 6 Oo p= [Note. The laf? feven articles written in pencil.] al bh Co [An extra from the pocket-book, found on the perfon of ‘Fobx Binns, read. | 5. I N CO m is OTR? pw BW we ww Ow NNN ON DY ~~ oe me N ano %S Ss Cad O10 Wa G0 .46 G20 DSO GO ‘a Vw YN 4A oO" ao © (Ce) On the other fide of the leaf, “ Mr. Hayman, junior, Middle-ftreet, beg to know’ if *« Mr. Moule or Mr. Campbell is at home.” [Lhe following paper, found on the perfon of Fohn Binns, read. | *¢ Sign Captain’s Name'as my own “<< My Cowfin. - - - The Veffel’s Name «¢ Margaret. ~ - -~- Margate Hoy “Safety. - - - -~ Agreeable “« Luggage - - - = Incumbrance <¢ Departure - - Deployment “ Whitflaple - - - ‘The Church “Canterbury - - - Deacon “¢ Gravefend Boat - = Blair’s Grave “© Rochefter - - - Clergy “Coach = =. = = 406 per Ann. “ Waggon = += =.) 800 per Ann. “Guinea - - - = Shilliing. “ Claris, Pooler, Canterbury.” [ The following being proved, by Mr. Ford, to be a faithful tranflan tion of the French Pafsport, was read.} « No, 448 Liberty ~ Equality | Gratis “¢ French *< Republic “< The Minifter Plenipasentiaay of the French Repyblic, at *¢ the Batavian Republic “¢ Requires the Corps Adminiftratifs, and all officers, civil “and military, freely to let pafs Citizen James J. Coigly, “ American Traveller—Native of Bofton—Department of ‘i refident at Bofton, 35 years of age, five feet four “‘ inches high, greyifh Hair and Eyebrows, open’ Forehead, “‘ mederate Nofe, blue Eyes, middling fized Mouth, round “ Chin, round and full Face, going to Paris, S «“ The “No. 1277 (“258 *) “The prefent valid only for two Decades, and counter- “ figned by one of the Secretaries of Legation. “The Hague, the 25th Fructidor—fifth year of the Re- public, One and Indivifible. ‘¢ ‘The Minifter Plenipotentiary of the French Republic. ar, NOBEL. ( ar SE ) *¢ The Bearer of the Pafsport “ French Legation, << in Holland. “James J. Corcry. *« The Secretary of the Legation, “© 25° at Bofton, at one Receipt, “< K. Foveve.” On the reverfe is written as follows: «¢ Examined at the Police Office at Valenciennes, the 28th ¢¢ Frudtidor, 5th year—Matom. («£.S.) The Card of Hofpitality being returned (delivered “by virtue of a Letter from the Minifter of the General * Police) and fent to the Adminiftration of the’Department for “‘ the exchange of a Pafsport conformable to Law, this 21ft “¢ Brumaire, 6th year. “¢ For the Adminiftrators Cujus. “--- We are ruled by Englifhmen, and the Servants of Englifh- men, whofe'object is the Intereft of another Country ; whofe Inftrument is‘Corruption, and whofe Strength 1s the Weak- nefs of IRELAND’ and thefé Men havé the-whole of the «‘ Power and Patronage of the Country, as Means to feduce “ and ¢ ~ ¢ tad t al € o ¢ a € o 4 4 4 a 4 o o ¢ <¢ & ae ¢ ~ om § e ¢ *€ ¢ ra ¢ 9 & 3 5 oe gon < 4 i) mr ao ¢ € n nn a nv nm o nm Oo tal ce 4 “€ ¢ € 4 « tad Cay n c w~ c ce & 6 c o c ( "966. ') and fubdue the Honefty of her Reprefentatives in thé Le- giflature. Such extrinfic Power, ating with uniform Forces in a DireCtion: too frequently oppofite to the vtrue’ Line of our ‘obvious Interefts, can bevrefifted with effect folely by the Unanimity, Dectfion, and Spirit of the People,-—Qualities which may be exerted’ moft legally, conftitutionally, ‘and lefiicacioufly by that: great Meafure, ‘eflential»to:the Pro- fperity and Freedom of Ireland-——-4N EQUAL REPRE- SENTATION: OF ALL: THE PEOPLE IN PAR- LIAMENT. 64 “© We do not here mention as Grievances, the Reje@ion of a Place-bill,’ of »a Penfion-bill, of a Refponfibility-bills° the Sale of Peerazes in one Houfe, the Corruption publitly avowed in the other, nor the notorious Infamy of Borough- Traffic in both; not that we are infenfible of their Enormity, but that we confider them as but Symptoms of that mortal difeafe which corrodes the Vitals of our Conftitution, and leaves’ to’ the People, in their own Government, but the Shadow of a Name. . ‘¢ Impreffed with thefe Sentiments, we have agreed to form an aflociation, to be called THE SOCIETY OF UNITED IRISHMEN; and we do pledge ourfelves to our Country, and mutually to each other, that we will fteadily fupport, “and endeavour by all due Means to carry into effe&t the following Refolutions :—- First---Refolved---That the weight of Englifh influence .in “< the Government of this Country is fo great, as to require “‘Bardnial Committees fhall receive Delegates from Societies of a contiguous Barony, provided faid Barony) do not contain three Societies. “ 4th, That the Baronial Committee fhall correfpond with Societies or Individuals who have fubfcribed the Declaration and taken the T eft of the prefent aflociated Societies. “< sth. That all Queftions fhall be determined by a Majority of the Members prefent. Lan . “ 6th. «c ec € Lad ce ( 272 ) * 6th. That the Baronial Committee being regularly fum- moned, the one-third of its Members fhall be deemed a Quorum, ' and capable of proceeding to Bufinefs. “¢ 7th. ‘That any Bufinefs originating in any individual So- ciety, fhall at the inftance of fuch Society’s Delegates, ‘be by the Baronial Committee laid before the other Societies. COUNTY COMMITTEES. tt. WHEN any County fhall contain three or more € oy ec “ no ii ae @¢ “a “ aé 4 a ‘ae Lal € a et € ~~ Baronial Committees, two Perfons fhall be ele&ed by Ballot from each Baronial Committee to forma County Committee (for three Months.) s¢ 2d. County Committees fhall reccive Delegates from Ba- ronial Committees of adjacent Counties, if faid Counties do net contain three Baronial Committees. “© PROVINCIAL COMMITTEES. “© yft.. When two or more Counties fhall have County Committees, three Perfons fhall be eleG@ed by Ballot from each to form a. Provincial Committee (for three Months.) “< 2d. Delegates from County Committees in other Provin- ces will be received, if fuch Provinces do not contain two County Committees. eroeew “NATIONAL COMMITTEE. “* THAT when two Provincial Committees are formed, they fhall eleé&t five Perfons from each by Ballot to form a National Committee, “* KS Societies firfl Meetings in November, February, May, and Auguft, to be on or before the §th. Baronial Gommit- fees on or before the 8th. County Committees on or before the 25th of the above Months. ¢ Baronial, County, and Provincial Committees, fhall meet at leaft once in every Month, and report to their Confti- tuents, «Names of Committee-men fhould not be. known by any Perfon but by thofe who elec them. “ TEST. ( 273 ) le em 9 For Secretaries of Societies or Committees, “IN the awful prefence of Gon. <¢J, 4. B. do voluntarily declare, that as long as I pall hold the Office of Secretary to this: «< T will to the utmoft of my Abilities, faithfully difcharge ‘© the Duties thereof. “That all. Papers or Documents received by me, as Se- val “ cretary, 1 will in fafety keep; I will: not give any of “* them, or any Copy or Copies of them to any Perfon or «© Perfons, Members or others, but bya Vote of this « ; and‘ that I- wills at the expiration of my Secres << taryfhip, deliver up to this all fuch Papers ¢ as may be then in my pofleffion.” a © CERTIFICATE. « SOCIETY or UNITED IRISHMEN. “of s ; “ THEREBY certify, that 4. B. has been duly elected, “* and having taken the Teft provided in the Conftitution, has,, been admitted a Member of this Society.” N. “a a See. Fohn Revett, Crofs-Examined by Mr. Ferguffon. 9, Befides this printed paper and the paflport, did you find any other printed paper upon Mr. O’Coigly. A. Tfdtnd a number of printed papers which I marked at bach Keay of Portland’s office. . Are they here? WA Garrow. We are ready to hand them over to yous if you wifh to have them read; we can have no objection. Mr. Ferguffon, 1 fhould wifh to have the titles of them cead if you pleafe, } é KY Mp; € 24 ) Mr, Pllamadr Merely, to fhew,that, this, paper) was among a number of other printed papers. Mr. Garrow. We do not know of any other. printed paper but ‘a French newfpaper which I hold, in my. hand; dated the third and fourth of September, 1792. Mr. Ferguffon. Do not you recolle& feeing the Duke of Richmond’s > Letter to Colonel, Sharman? A. No. _ +, And Mr.:Pitt’s Speech at the Thatched,Houfe ? 1A. No: Mr. Henry Maryon, (Sworn.) Examined by Mr. Garrow. Q; Lock at thefe four. manufcript papers,,.where dia you “ie ios ? 4. In Mr. O’Connor’s Houle at .Belfats; myname is upon each of them. Mr.. Garrow. Vie do. not -propofe to read. thefe—it is mark enough for you, that there are four papers figned Henry Maryon, found at Mr. ©’Connor’s houfe in Belfaft. Mr, Plumer. When did -you-find thefe ? 4, ‘On the 7th‘of January, 1707. 2, That was before Mr. O’Connor was apprehended ? A. No, fome time’after he was taken up in Dublin. 2, Was it while he was in confinement that. you went to his houfe-at- Belfaft, and x Sa all. his papers, and. thefe among the reft ? : A. [think it was while he was in confinement. 2, Amongft his papers you found thefe? A. Yes. 2, You area’ Conftable are:not.you ? A, No, lam one of his Majefty’s Meffengers- = ,The: papers you feized, you fhewed to the Sécretary of State in Ireland, in January, 1797. 4. Yes, but at the time I took them I marked them. ' Be Do you: know when Mr. O’Connor was let out of BiHlon ? av, T.do not écolled. . Mr. Q’Connor. Do not you know that I was a confiderable time (275 j time! in ‘priforiafter ‘thefe’ had been taken, ‘and had been’, put in the cuftody of the Irith Government ? Ssdm A, Yes, certainly. Mr. 0’ Cinnor Do not you beli¢ve I was fix months in pri- fon fubfequent? ANY. 68} Mr. GQ’ Connor. Did'-you not hear Iwas ldchiiveed aftér Gx months imprifonment without any profecution ! A. 1 wnderftood you were difcharged by giving bail? Mr. O’ Conner. You never heard that there had beemany profecution ? A, No, I never heard that you were profecuted. Mr. G@ Connor: Did you hear that:that was an uncommonly fevere confinement—totally folitary ? Mr, Garrow) We cannot hear the witnefs’s judgment upon the feverity or the propriety of the confinement. Mr.-O’Connor. Has itefcaped your knowledge that 1 was in that fate in clofesconfinement.? A, I have faid that. Mr. O'Connor. That I was not allowed to have a: Sasle perfon to-come near me, did you not know that? A. I do not know it. Mr. OQ? Connor. And pen ink and paper denied me? A. never heard that it was fo. Mr. Attorney General. Here I fhall clofe the cafe on. the part -of the Crown. Lhe End of the Evidence for the Crown. Mr. Fustice Buller. Do the prifoners choofe te fay -any thing themfelves, and will they do it before or after their Counfel fpeak? Mr. Dallas. Your Lordthip will fee that the mode which js adopted, is in order to fave the time of the Court. After the opening of the cafe of Mr. O’Connor, and Mr. 0’ oe he 2 phe for : ( 276.) for whom Mr. Plumer is of Counfel, the Gentlemen with me will ftate the refpective cafes of Binns, of Allen, and of Leary. ——We fhall then call our witneffes, and I fhall then fum up the whole of the evidence, fo that the Court will only be troubled with one fpeech for each of the prifoners: — It being now near 12 o'clock at night, the officers were fworn, in the ufual form, to attend the Fury, who all flept in one large room=—and the Court adjourned to 8 o'clock the next morning. ( 277 ) On Tuefday, May the 22d, 1798, the Court met, pale to adjournment, at eight'o’clock in the sures 8 PRESENT, The Right Honourable Lord ROMNEY; The Honourable Mr. Juftice BULLER ; The Honourable Mr. Juftice HEATH ; The Honourable Mr. Juftice LAWRENCE ; and Mr. Serjeant SHEPHERD, 3 The prifoners were fet to the bar, . MR, PLUMER. May it pleafe your Lordfhips; and, Gentlemen of the Jury, I addrefs you upon this Occafion, with a Degree of anxiety which I never felt before, when I confider what is to be the refult of this day’s deliberation, and what important confe- quences are involved in your decifion; when I confider the nature of the accufation againft thefe unfortunate Gentlemen, and under what circumftances it is brought forward, it is im- pofible, Gentlemen, that I fhould not addrefs you with the deepeft anxiety, various difficulties prefent themfelves in the way of the defence. ‘The nature of the charge, interefting as it naturally muft be to every Englifhman, and affording great danger of confounding the accufed with the accufation; the temper of the times, the place where this fubject is made matter of enquiry, the prejudices that have been attempted to be raifed againft the unfortunate gentlemen who are now ftanding before you, not on the part of the profecution or by any body concerned in it, but by wicked and foolifh men, who are weak enough to fuppofe that the public fafety is interefted in the conviction of thefe men, right or wrong, let the evidence be what it may ; and let me add, gentlemen, my fears, that it is impoffible that you can live in the world, and live in this coumty in particular, expofed ‘as from its fituation it is, to the threatened invafion of the enemy, without, in fome refpects, feeling that thefe topics have been too fuccefsfully urged; but gentlemen, I rely that you are all imprefied with the impor- i 3 t ants ( 278 } tariceiof the duty which belongs to you, and I am»thorougily. convinced will fuffer no endeavours of any kind to. warp your judgments, “or prevent thefe men receiving at: -your hands, (whichis allcthey afk) a fair and impartial trial ; that-you' will hear their cafe, as they have a right to have it» heard,-in.-this, flage of the:procteeding, with every prefumption of their inno- cence; till the contrary is eftablifhed by a-verdiat ‘of-a Britifh Jurys! “Gentlemen, that the public have a great intereft that crimes fhould not ‘pafs with impunity, :and that this crime in particu- lar, the higheft that a fubje& can commit, fhould in all cafes, meet with the punifhment it juftly merits, I:do not im the leaft mean. to controvert; but Gentlemen, I am perfuaded it wills be: equally~ admitted on the other fide, that; there is: an intereft which the public have in common, even with thefe unfortunate perfons,.a much greater and more important .in- tereft, ‘that thofe who are under accufation fhould have) a fair trial, and fhould not be convicted unlefs their guilt. be efta- Ls blithed-by: clear:and indifputable evidence, leaving no reafon- able\ground of:doubt:upon the» mind of the Jury; that I fay, isvasmach’ broaderand a more permanent intereft than any the public can have:inthe conviction) of any -individual, where the enquiry. concerns, as in the prefent cafe, mere queftion of faG:, not involving, «in any way of confidering the fubjet, any general: principles of law, becaufe, in the fatety. of thefe mien if they are innocent, that of every individual is implicated ; the icharaGter and honour of Britifh juftice is at.ftake,, which is) deeply violated; not only if insany inftance, an-innecent nian fhould:berconvicted, but alfo if a perfou fhould.be-con- wictedwithout a. faixtrial, without an unprejudiced-confidera~ tion ofmthe fubject; and where the evidence does: not. clearly and’ fairly. make; out.the proof of the fpecific charge alledged againftshim, fo as.to leave no doubt upon the mind of the Jurync hs : ~Gentlemen, f-am perfuaded you go: alongwith mein adopting thefe igencral-principles, which] am ure, [feelin common with the gentlemen concerned.on the)other fide, and unqueflionably with thes,Court, that thefe are. the principles, upon. which ousetle every ( ag 3 every individual inia Britith Court. of Jufticedtands upomths iffwe forshis» life: ory death, ventitled to eyeryopréfumptiony cim his’ favour, ventitled to: haye'the charge :againft him, made out clearlyandsindifputably, before he-can be fubjected to the-con- fequences ofa conviction. : n Gentlemen, there is one fubjet in the outfet of this bokinelah from which am anxious to deliver: your minds, and the minds of all who hear me. Jam not inftruGed onthe part of theac4 éufed; inv any -refpe&, to complain upon: ithat:fubje&t, »whick was made the firf «topic: of the -introductienyin my dearned friend’s addrefsto: yous» He «was anxioussto dhew: that he was called upon by imperious neceflity (as think he ftated) te bring this charge under the confideration-of »the»Countty; ini order that a'matter might be fully..inveftigated, in-which the public intereft was fo deeply concerned. : Sos Gentlemen, I freely:admit,. whatever :be: thes iflue of this: day’s® decifion, and I truft it will be favourable; ammotiens titled to complain:that this cafe bas been made the fubjefiof public enquiry ; on the part of the Defendants 1. rejoice «that it has been fo,:and that that enquiry has been conducted: with the induftry employed by the Profecutor, bringing out by parok or written evidence, every circumftance that:could bear upom the fubje&; unqueftionably thofe concerned for the crown were called upon to a by the fufpicious circumftances, in which, bk admit, thefe perfons were found; J am not attempting to con ceal the) imprudent and improper ‘conduct: of fome sof: themy a conduct, however, very naturaily accounted for, - without any inference.of guilt, from the alarm )and apprehenfiom of perfons taken up on a charge: like this; but. under fuch cise cumftances undoubtedly itedid become neceflary that:theymatten fhould be publicly enquired into and probed to the battom 5 but Gentlemen, after the fubje@& has been fully enquired into, after you have'had the fatisfaction of knowing thatnothing has) been concealed, that the Profecutors have been in pofleffionyfor weeks)and months, ofall the «means of :difcovery; that they have brought-before you, with proper and) Jaudable.-induftry; parol witnefles, not lefs I think ‘than: forty: in mumber, that “ {crap/of paper they havergotaccefsrto, ‘has-been. pros Lee duced» { @8 9 duced; every quarter of this and:another kingdom» ranfacked; properly ranfacked, to adduce every piece’ of evidence and every witnefs that could be brought: Itruft gentlemen, Lam warranted‘in faying, after all this, you are not tovadd any prejudices, prefumptions, or fuppofitions, beyond: the. fair vre~ fult:of what is before:you, or to fufpect that there is any thing Mill ‘remaining ‘behind; and {till Jefs if, in the refult: of all that you have heard, there is nothing of that clear and con= vineing evidence, neceflary to fubftantiate a charge: like: the prefent, that you ought to convict upon the ground. of any Jatent fufpicion, or becaufe fome matters are not; fatisfactorily ¢leared:up. ‘Some doubts remaining upon parts of the cafe, and upon fome documents produced by the Profecutor, which the Prifoners. may not be able fully to:-explain ; give me leave ‘to obferve, that it is not incumbent upon the prifoners, in any cafe, to explain on‘their part, i¢ is incumbent upon the profe- eutor to prove ; if, in the refult, it fhould remain 2 matter of doubt, matter of myftery, as. my learned friend ftated, it is not incumbent upon the prifoners, at the peril of ;conviction, to clearit up and:explain it, and it would be very hard if it were fo. If the cafe remains doubtful, unexplained, and myf terious,: you are -not in a doubtful, in an unexplained, and in a myfterious cafe, to:convict ; but the prifoners are entitled:to the prefumption in their favour, that they are innocent: unlefs the contrary be eftablithed by proof; therefore; gentlemen, in every part of the cafe, where there‘is a defect of proof on the part of the profecution, I rely upon the general prefumption, that the: law: makes in favour of innocence, and on:the right which\every Defendant has, in every cafe, to expect full proof on the part of the profecution, before he fhall be fubje@: to con- demnation, wGéntlemenyd do not ftand hereto deprecate your vengeance, ifthe fa) beclearly eftablithed; [am not inftrugted on the part of the prifoners; to palliate this dreadful offence. or:to fay that any perfon; who has been guilty of it, does not july merit death in its moft) dreadful; form; but confctous of their innocence; scalled upon here, ftrangers inthe) county, he Natives of another kingdom, ata diftance; and fugitives sage unfortuna ely ‘( cea jy unfortunatelyofrom: that country, and in the:ad sof becoming fo. from: ‘this ;ftill: they: know; with owhatxconfidence aap may rely:upom the integrityrof\a Britith Jurys 3 that your wih not fufferranyounjuth prejudices to. operate, againft themgnthat you willoweigh all thecircumftances fairly cand thatafan the ‘refulty) you! find: alb the scirgumfancesys thats naturally have produced fufpicion againft them, ‘are!seither cleared wp, or*that inthe reiult, othey are not fairly nimputable wtoythens, to: the extent’ prefled; they are) perfectly» convinced Gentle- men you will make a juftvand truesdeliveranteerofothem, They have put: their: ali upon: the {take of this day’s event they have not attempted to:plit or divideothexcafe ;cthey shave not availed themfelves of their right) of feparate challenges but they» have:all: come:before yousat ‘once they shave: Com mitted into your hands altogether, their lives, andwevery thing thatus dearto ‘each: of them ; becaufe they are. perfe@ly af fured, that whenever a Britif, Jury have, to: coniider’ aceafe like the prefent, they will be governed byvall:thofe principles which form the fafeguards of the fubje& ;-and whichs'for the fake of all, thelaw, in every'cafe, throws;around the perfon who ftands in the awful fituatiomof thefe Prifonets. oO Gentlemen, in) the duty, Lshave' to difcharge, painful and diftreffing -asyit is, it is:a’ great. confolation, to me to-refech; that the cafe I have to difculs, involves no dificulty am) point of Jaw: I fhail.not difpute any one principle of-lawecon® tended fprion ‘the other fides, and I. truft Ithall not ftateiany that can admit of the {malleft:doubt: the lawis:perfeQly welk fettledy and itis not my duty, and certainly motwmyanchinat tion, to attempt to.unfettle thofe folid principles; :and. thofe decifions which have for azes eftablifhed, whattisctheslaiw: ap= plicable to the prefent fubject. sah Gentlemen, it is alfo fome:confolation to mey though ap2 pearing forone Gentleman in particular, whodftahdsiin aarery unfortunate predicament indeed, becaufe he is invfome refpact placedin this fituation by a circumftance that deprives himvof the afliftance. of the greateft talents that’ might have ybee: exerted om his behalf; but itis, I fay, a confolatiom to know} that the prefent cafe is not one of that nature which calls for the { @e2 } the exertion of thofe’great talents‘which have been fuccefully exerted°upon’ other ‘occafions.** The ‘prefent ‘is a:plainfimpled queftion of faa. The tatk, therefore; is‘of an humbler naturey and* better fuitedito the talents of him who addreffes-you, “Enothe difcharge of this “duty, I fhall not attempt tovhave yecourfe* to any extraneous ‘topics. I fhalb-endeavour “to fimplify the fubject, and to prefent it unentangled before yout Pfhall> confiderthe natureof the charge itfelf; the evidences whichis neceflary to fupport it, the principles, by which: an enquiry of thisskind muft be conducted, and the evidence that has-been’ adduced onthe part-of the profecution, in’ fupport of ‘it't:and: Gentlemen it is'a great fatisfaction toime’ to” rew fe&, that although every defe& of mine,’ will-be fupplied ‘by thofe who follow’ me: yet, that im the prefentj'and in all fimilar cafes, the-aid of Counfel is not neceflaryic~Thofe whe ftand winder accufation, “have better “Counfelto affift and ftand by'them, inthe perilous day of Trial ;:they have the’ Court for'their’Counfel; they have the great fecurity and protection ofall the general ‘principles of the law: thofe facred princi: ples which are fo well defcribed by a noble and learned Judge, i'an Addrefs to the Houfe of Lords, -upon'an ‘oceafion like the’ prefent.—I)mean Lord Nottingham, /at the Trialvof Lord Cornwallis. * [ know: your Lordfhips, (fays he,} will weigh “the fa with all its circumftances from which it is to receive its proper doom. Your Lordfhips are too juft to let pity “make an* abatement for the crime, and too wife to -fufter “rhetoric to make any improvement of ‘it. ) This’ only will “be ineceflary, tobe obferved by all your Lordfhips; that the “fouler''the crime‘is, the clearer and the ‘plainer ought! the ‘iproof of it to be ——There is no ‘other good’ reafon can “be © @iven- why the law refufes to allow the’ prifoner at the bar Counfel,’ in'matter of fa&, (which was the cafe at that time) “when ‘life ‘is ‘concerned, but only this ;—mark’ Gentlemen; ¢ what‘is ftated'by this great Judge: becaufe the’ evidence, by *+which-he'is condemned, ought ‘to be’ fo' very evident, and a thatvall the Counfel’in the world» fhould not “be -ableto-anfwer it. Gentlemen; remember: ‘that ‘principle, and carry ‘it along with ‘you’ in the’ prefent‘ enquiry. °- You will { 283 ) will hereafter, apply ‘it to the. evidence which ‘has beensads duced ‘on the part of the -profecution, and fee whether it-am any: refpectj comes up. to the criterion, and the teft .which this great and’excellent Judge has laid down upon the -fubjeét. Gentlemen, in examining the charge, it -is-of the greateft importanee, that you fhould. carefully-diftinguifh what is the, precife nature of the charge, what is theogift of it, -what it is that is. neceffary to be proved, without which, the. charge mutt: fall -to the ground 3; and to feparate what is mere ‘matter of. form; which muft accompany the charge; from that, which conftitutes the principal nature of the accufation —In an: Ins di&tment fer-Treafon, the nature of the charge; is the. imagi-< nation and thought of the mind; thereim eonfifts the) guilt; and all the reft-is mere matter of evidence,’ to prove it ; but; fuch an enquiry is obvioufly liable to. great difficulty in the.pro- fécution. of it. . And.on the one hand where. the: fafety, of the public is protefted by making the mere imaginatiomand thought,: voluntas pro facto, in -this-inftance, as it is not\in any, other, penal.in the extreme, the law on the other hand has protected the fubje&t, by requiring that he fhould not be convicted with. out clear proof of fome overtiact, manifefting that intention, and. fhewing that it is actually begun to be carried anto. exe- cution, and Gentlemen, here ‘you will recolle@; what arethe words. of the ftatute, upon which the prefent. Indictment. is grounded. The. Statute of Edward the Third, the great Statute, that has. fixed. the law of Treafon for four centuries and)@ half, in-that part, which applies to the’ prefent enquiry, ftates that *¢ Any perfon who ‘is adherent to the King’s Enemies in his) ‘¢. Realin, igiving. to them*aid and comfort in the Realm, of << elfewhere and thereof”’—now attend to thefe words; Gentle men—*,/and thereof be: provably attainted of-open \deed by “people -of their condition.” =It is not.enough that .there fheuld.be|,an:imagination to adhere. to the King’s. Enemies ; if..it refts merely in an abftraét thought.of the mind,j never catried, ot attempted tobe carried, into exetution (for admit that.if a fingle a& has been done towards canrying into,execu tion the intent, that is fuficient ; itis not.neceflary it fhouldibe actually ( 284) aGtually perpettated) but if there be no act done, confequent upon it, or if thé aét that is done, is not moft clearly referable to that intent, and proving it, if the prifoners are hot-provably attainted. of open deed by people of their condition, then, Gentlemen, they ate not guilty to the extent of this indict- ment. They are not to be conviéted of being adherent to the King’s Enemies in the Realm, unlefs they be provably attainted of it af open deed. Now, Gentlemen, remember what is the conftruction that has been put upon this Statute: I fhall beg you to attend to the words of a great Judge, in commenting upon’ this ftatute, which can never he too often repeated, whenever this Statute js made the fubject of enquiry.—I mean, Gentlemen, the ex- planation of it given by my Lord Coke: ¢ By proyably, (fays ‘ that great Judge) is meant, that it is upon direct and mani- fe? proof not upon conjectural prefumptions or inferences, or {trains of wit, but upon good and fufficient proof—and herein © the adverb provably hath a great force, and fignifyeth a “ a) ¢dire& plain proof, which word the Lords and Commons, ‘in Parliament, didufe; for that the offence of ‘Treafan was fo heinous, and was fo heavily and feverely punifhed as none a) other the like, and therefore the offender muft be provably € attainted, which words are as forcible as upon direct and mn manifeft proof.—Note, the word is not probably, for then tin) commune argumentum might have ferved, but the word is Cay provably be attainted.’ I requeft, Gentlemen, that you would carry along with you, throughout this enquiry, this teft, this guide, which is to conduct your judgment in pronouncing upon the evidence before you. Remember it muft be direct and manifeit proof, not upon conjecture, or prefumptions, or inferences, or ftrains of wit. I truft you will find that the profecutor here does rely altogether upon conjeéfure and prefumptions, in the taain part of the charge I mean, and not upon direc and ma- nifeft proof of his charge; mere conjecture, and prefum ptions, and inferentes, which are not fairly warranted by the evidence before you. Gentlemen, I thal] beg you likewife ta pay attention to ¢ . what ( 285 ) what my Lord Hale fays upon this fubject, he fates © That, © although the crime of High Treafon is the greateft crime. © againft faith, duty,.and human fociety, and brings with it © the greateft and moft fatal dangers to the government, © peacé, and happinefs of a-Kingdom or State, and, therefore, is defervédly branded with the higheft ignominy, and fub- © jeGted to the greateft penalties that the laws can infliét,— © It appears, firft how néceflary it was that there, fhould be fome. known, fixed, and fettled boundary for this great Crime of Treafon, andof what great importance the Statute, of 25 Edward III, was, in order to that end.—Secondly, ‘ How dangerous it is to depart from the letter af that Statute, and to multiply and inhance crimes into Treafon by ambigu- < ous and general words, fuch as accroaching of royal péwer, fubverting fundamental laws, and the like—and_ thirdly, How dangerous it is by conftru€tion and analogy to make ‘ Treafons where the letter of the law has not done it—for * {uch a method adinits of no limits or bounds, but runs as far and as wide as the wit and invention of accufers, and the odioufnefs and deteftation of perfons accufed, will carry « men,’ . Upon thefe general principles it is that I conceive this en- quiry muft be conducted ; they are recognized in every trial, they are ratified upon every occafion by the greateft autho- rities that have ever prefided upon enquiries like the prefent, and no cafe has been, of late years, conducted-(to the honour of the prefent times I ftate it) without enjoining the obfervance of them on thofe who are to decide upon it. Ifitbe neceflary that there fhould be overt A@s proved, to manifeft the intent, it is obvious what the nature of thefe overt Aéts mutt be ; viz, fuch as plainly evidence the intent charged, not acts indif- ferent in themfelves, not acts that are equivocal—not fuch as are referable to an honeft, a juft, and a lawful motive,—or if they be aéts of this latter defcription, that there muft be clear evidence, aliunde from other circumftances, to faften the par- ticular intent charged, in order that the reafon and principle of the law may be anfwered. The. reafon why the law, re- quires proof of overt Aéts in High Treafon, is 6n twoaccounts one F irit {( 286 } —Firft,,That the intent thould be manifeft—and next, ‘That it fhould have proceeded to the length of being:at‘leaft eee te be’ carried into execution. (But if-youtake an A@, that is indifferent in itfelfj fuch for inftance as the going abroad bya number ‘of perfons; and ent quire’whether that going abroad be Treafon’ or snot? it is nea ceflary.that it fhould be proved to be done with the intent; and for the. purpofe ‘charged; and the enquiry in thaticafeis not whether the aéts charged to be done were done or“not, “but the main fub{tantial point-of the enquiry is, whether they were done with the-intent and for the purpole, that is:the fubject of the charge ?-There you find the intent and the purpofe:con= ftitutes;the principal part of the charge.—The? aéts may be all admitted to have been done, as in the inftance in queftion, that. a numberof perfons did altogether agree to: go abroad, that, they did fo under circumftances lawful or not, no matter which for the purpofe of the prefent fubjeét,—if the latter, that accounts for-all the circumftances of concealment, and‘endea= yours to get fecretly out of the Kingdom, but this forms but «a fmall part of the fubject.—You are to enquire not fimply whether thefe acts were done? not fimply whether the prifo= mers treated with Jeremiah Mowle, and with Foreman: and Norris, fora veflel within the County of Kent ?—Not fimply whether thefe acts were done for the purpofe and: intent ftated, mamely with an intent to go abroad, which the acts naturally amport, and refpecting which you have heard fomuch evidence? «but there remains behind a further fubject of enquiry, i which is contained all the queftion betweensus; and: cupon which all the guilt is to faften, namely, whetherthere? was.an ulterior intent to carry intelligence: to the enemy? to carrya paper to. the Executive DireGtory of France, for the-purpofe of @viting an invafion of the Kingdem of Great Britain? ‘Now, Gentlemen, ina cafe of this nature, you will carefully Siiiedesith between the proof: of the acts themfelves, and the proofof the intent, that is.faftened upon them; and yet whea- you. examine---what isiall the laboured detailof sproof onthe part of the profecution ?. What is fpoken to by*alb the swit- mefles who have been called? What is all the written evidence, that ( 287 ) that) has been collected ? with the exception of one paper only; you will. find all.the reft of the evidence goes to prove merely. what is not difputed—that Mr. Binns, and,..if you pleafey under circumétances that have fairly been) made out; with ‘the knowledge, with the privityy:and on the behalf of others, did make certain treaties at Whitftable and at Deal, -with the different perfons who have been called, for the hire ‘of aweflek to go to parts beyond the feas, as {tated .in the Indi@ment Well, Gentkemen, what then? What would be the fair refule of all this? Guilty ; of what ?>Guilty of an intent to go ‘abroad: ‘Thefe are overt acs of that intent, not that they; or any-ons of them, actually did go abroad, but that, from the a&ts done, the treaties: that were entered into with a view to it, you are to colle this inference. if you were called upon here to fay, guilty, or not guilty, of certain overt acts, manifefting an intent to go abroad ; if with refpect to certain of the prifoners (not Mr. Binns undoubtedly; for whom I am not Counfel, but: whom the evidence deems fairly to have acquitted of any intent himfelf perfonally to.go abroad) but with refpect. to the other four perfonsy if che queftion were; »whether they did, or did not, in the month of February, meditate and intend to gojout of the Kingdom pon the day-ftated, and in the manner ‘ftated, to certain parts beyond feas, if that were the fubje@ of charge, and all-the charge,:1 fhould:certeinly admit that a great body of evidence had» been: adduced ‘on the part of the profecution, and that in the refult you would be fairly warranted in faying, we muft pronounce a’verdict againft thefe four perfons, guilty of am intent’ to igo abroad.., But, Gentlemen, is that» the fubje& ‘of enquiry?) Isythat- High Treafon? Perfons:may lawfully gots partsbeyond) the feas,: and. there may be: circumftances: that may makesit: unlawful tovgo-to parts beyond: the feas. «ide ag not lawful foran Englith fiubje& to go tofome parts beyond the feas now; for it: is smade! the: fubject of »prohibition:by/an exprefsAGiof Parliament, conftituting ita mifdemeanor piinithe able with fix months imprifonment, ‘for any Britith dubje@te govabroad,sto:'France. in) particular, withoutoac paflpdrt sand without ayproper licence.) te: $ host i? ¢ 268 4 - If that were the nature of the charge, then, Gentlemen; you would have to enquire further, not fimply whether they had intended 'to go abroad generally to parts beyond feas; but whether they had intended to go to that particular place, which was prohibited, namely, to France in particular ; and whether they had, or not, a licence and authority to go there. Ffthe prifoners were trying for a mifdémeanor under that a@, and if the intent were made, which it is not, a°crime, and could ‘be’ made a fubje& of enquiry, upon that fubje& I fhould fairly {tate that'a great deal of written and parol evidence has Been laid before you, prefsing againft four perfons, to prove fitch a charee. Do ‘not mifunderftand me, Gentlemen ; d6‘not mean to ftate that all the evidence of an intent and pre- paration ‘to go abroad was not neceflary on the part of the profécution—uit Certainly did ‘¢onftitute a neceflary part of the charge, a neceflary part of the proof; but all that Tam urging iS this, ‘that when the profecutor has eftablifhed that part of thé cafe, he has advanced a very littke way in proving that upon which ‘you are ultimately ‘to pronounce your verdict, and upon which the'lives of thefe' five men are’ at ftake. Gentlemen, you are to ‘fay, not what they actually did im this country, not what they intended to do in this country ; all that they did in this country was to treat for a veflel ; alk that is imputed to them as having intended to do’ in this country, was endeavouring to procure a veflel, in order to leave it, and go into parts beyond feas. That, I have fhewn you,’ Gentlemen, is not Treafon.--What is Treafon, then? and what is the point and gift of the accufation ‘againft ueh--Not what was actually done here---not what ‘was im- tendéed'to be done here---but a further and ulterior accufation; and upon which you, Gentlemen, are, if you pronounce @ verdict of Guilty againft thefe men, to declare prophetically eipecting an ulterior ‘intent to do heteafter, im another kings dom, what they ineant to do, if they had fucceeded in getting abroad. “This'is the charge, Gentlemen, and this the part of tHe'cafe upon which I make my ftand. I fay, this part of the clitrgé is not eftablifhed by the proof that the law requires, id upon whieh “you can fafely flandj in a cafe ef life and Hail: death, ( 289 ) death, to pronoiitice a verdi@ of Guilty apaink any body 7 fay, Gentlemen, when you examine it, you will find that call this part of the cafe refts altogether upon what my Lord Coke calls conjeéture, prefumptions, and inferences, upon which you ought not to prefs in a cafe like the prefent ; it is that fpecies of proof upon which all the authorities have faid it is dans gerous to reft in a cafe of life; but more efpecially in a café like the prefent, where undoubtedly the law has always ftood by the prifoner, not merely for his fake, but for the fake. of the public; in a State Profecution, where individuals on. the one fide ftand engaged in an unequal conteft with all the weight and power of the Crown oppofed againft them. On that account it is that the law ftands by the prifoner,.and requires that the profecutor fhall clearly make out his cafe, and. fhall not Jeave it upon naked prefumptions and con- je@ure, upon which a Jury cannot fafely fay they are clear in pronouncing upon the intent of others. In this view of the fubjeé it will not be neceffary for me, on the part of the De- fendants, to wade through all the evidence that has been adduced, to go through every particular witnefs; of even to examine, more than in a very general way, all the parol and written. evidence that has’ been adduced on the part of the profecution. You will recolle@, Gentlemen, that my learned friend, in his able and eloquent opening, went through minutely all the circumftances refpeéting an intended journey, and an intended voyage, to leave the kingdom.; all the witnefles- that were called, every one of them -went merely to, prove all the minutia.of this plan; all the luggage, that is now fpread on the table before you, all the circumftances that have been pto- duced, what do they tend to, but to prove all the particulars of the journey in detail: one went to this houfe, and one to the other, by fea, on horfeback, or on foot; what hour they arrived at this place, and the other, and a number of, wit- nefles. are called to prove different prifoners at this houfe, and at the other houfe, on this day, and the other; all which are only the minute circumftances attending a propofed journey anid a voyage abroad ; and had this been a civil. cafe, I cera U tainly { 290 ) tainly fhould, in the very outfet of it, the inftant:the other fide had begun witha detailed proof upon that fubject, I fhould have relieved ‘my learned friend by ftating, that undoubtedly I’ did’! not’ mean to’ controvert that’ part of the cafe; that four of the prifoners did intend to go out of the kingdom 5 Mr. O’Connor and his fervant Leary; another perfon, for whom I am Counfel, Mr. O’Coigly; and’ Mr. Allen. -[ admit that fair evidence has been given, fit to be laid before a Jury in‘ proof that thefe perfons were all clearly connected in an in- tent to vo out ofthe kingdom, and to go together. Gentle- niet, J will not addrefs you a’ word upon the fubject, to infift that;\after the weight and body’ of teftimony, parol and: written; shat has been adduced before you, you will not be warranted in that conclufion. But,’Gentlemen, now that you fee what is the nature of the charge upon which all the queftion arifes, I:beg to call your attention pointedly to the fubject, and to afk you to anfwer-—-- Has the profecutor eftablifhed, as he is bound to/do, beyond any reafonable ‘ground ‘of doubt---has he eftablifhed this pro- pofition, that the paper, upon which alone is faftened all the imputation, was intended to be carried by any body, as thé charge tates, and delivered to the Executive Directory of France, for the purpofe of procuring an invafion of England, or; as in one of the overt acts it is charged, this Realm---there is no doubt that this Realm means the realm of Great Britain-~ the charge againft us, in no part of it, relates to invafion of any “other part of his Majefty’s dominions, but is altogether confined to the Realm of Great Britain; and you are, if you pronounce the prifoners guilty, to adopt this firft propofition, to fay that it is clearly and fatisfactorily made out, in proofs that this paper was intended to be carried to the Executive Directory of France, for the purpofe ftated, of procuring the invafion of Great Britain ; that is the firft part of the charge--~ when that is proved, if it were proved, which itiis not The next point which the profecutor is obliged to make out iss again{t whom that charge is eitablifhed ; and, Gentlemen, if, you were‘ fatisfied upon: the: firft queftion, \it) would. be neceflary for you carefully to afcertain what evidence affects each ( aga ) each individual prifoner; becaufe ‘each is.refponfible only forhis own individual) acts, and.intentions--- You would then,,be, to pronounce, under this fecond head, whether it,were,poffible, in any: view of it, to make, any, body. refponfible, for, the, papery even fuppofing its deftination.to be:as fated, whether, it is po fible,upon’ the fair. refult. 6f the evidence ont which you lure bound to decide; to prefs any refponfibility. refpecting that paper beyond one individual, whois alone implicated in it,.whoalone purports tobe implicated by the paper.itfelf, upon whom alone itis ‘pretended to:have been found, and. without,any one.circum- ftancetto connect any other perfon now ftanding. before yousin charge, not. with a general purpofe of going abroad, that. is not the point, not with. an intent, to.go out of the kingdomy, that is not the queftion, but to corinect him with that indivis dual*paper; orto faften and, fix-upon him, more than: by gene- ral:loofe fufpicions (much too loofe.to act upon. even in. com- mon life; and infinitely too, loofe to a& upon in: a. Court, of Juttice upon any fubject, and leaft of all in-a.cafe.of life) the ulterior intent! of carrying that..paper:to the,Executive Diree- tory of France, for. the purpofe ftated, . But,is an, intent to carry this paper in the way ftated at all made out? I deny that it isy and I infift upon it the profecutor has net made out.that propofition: Gentlemen, Ido not, mean to ftate that here a¢ain there may not be:fufpicions, conjeures and prefumptions); but that isnot enough, .when you examine upon what ground thefe fufpicions are entertained; that they, are not of a fufficient nature to. wars rant. your verdict upon this, part. of the cafe, and to faften, upon any body, eyén upon the individual who is-principally congerned with refpect tothat paper, that there is not enough to: warrant you in faying you'cam venture to: pronounce, upon your oaths; »that that paper: was)intended to begarried to the Executive Directory of-France; for ithe: purpofe-of precuring an: /invafhion of Great, Britain.’ Before Lenter upon that-fubjeét, it is-juft neceflary, to:clear thesother part-of: the cafes I. mean’ that,whichrefpects d journey-and a voyage;. by: ftating; -that undoubtedly. you-have the cafe of four perfons, foreignets inca manner an this country, bls 263° ellis all ( 292 ) all the natives of a fitter kingdom, who have been, from cia cuniftances, that it is not neceflary more minutely ‘to detail, lndér the necefiity of becoming fugitives from ‘their native country, except that one of them, Leary, is the mere domeftic accompanying his mafter, having no concern or will'of his dwn; but merely following the fortunes of his mafter, without Being in any refpect concerned in them. ‘With refpect to the other perfons, Mr. O’Connor, Mr. O’Coigly, and Mr. Allens that they had recently been under the neceffity of leaving Tre- land; and comifig into this kingdom for a very fhort time, and foon were under the neceffity of leaving this kingdom alfo. *Gentlemen, } will not attempt to conceal from you, that théy were actually flying out of one country, and likewife out of anéther ; ‘that they were perfons under charge, under fufpi- tion, and under accufation. When I ftate this, I ‘am not afraid that it fhould operate to their prejudice upon the prefent fubjeat, that they were under charge or under fufpicion of 4 hature not like the prefent ; but you all know the political dif- trations in another country ; you all know in what a ftate Tre- fand is, and how impoffible it is for perfons who have taken an imprudent part in the polities of that country, which has thade it neceflary for them to leave it, to avoid the confequénces of thofe ats ; or that even if they have taken any decided, though fot imprudent part, yet that in the diftracted flate of that country, the circumftances in which fuch perfons are placed, nay render it impoffible for them fafely to remain there; fay it is ‘eafily accounted ‘for why perfons of all deferiptions fhould be emigrants from it for a time, and fhould for the prefent ex change it, if they could, for any other country ‘where they ¢ould fafely and properly remain. °* Gentlemen, I am free to flate to you that Mr. O’Connor was a gentleman of high rank in that country, ofan ancient and honourable family, a nephew, as you have heard, of Lord Longueville—a gentleman who had had a feat in the Trifh Houfe of Commons, who had filled the fituation of High ’She+ riff for the county of Cork, and who had conducted himfelf, as a witnefs has ftated, in a manner to merit the gratitude of his country” in the execution of that high and refponfible office. I am e ( 293 ) am not here called upon to yindicate all the political opinions of Mr. O?Connor ; he does, not ftand now in charge upon the propriety of them, nor. is it a queftion now whether he was right or wrong in the opinions that he entertained refpecting certain reforms, which. he, confidered. as neceflary to be made in that country—-whatever his opinions were, he had openly and plainly declared them in, his place, in the Houfe of Commons ; whether. they were right or not, he certainly, had.promulgated them publicly in a manly and open way; whether, after he had done fo, it was proper or right. in him to mix in another concern, as,one of the witnefles has ftated-he did, of a lefs ho- nourable nature, to become concerned in a. public new{paper, called the Prefs, and to make himfelf refponfible for all the contents of that paper, and for all the libels that might at dif. ferent times happen to be admitted into it ; whether it was pru- dent or proper in him fo to do, whether he has made himfelf refponfible for all the confequences of that conduct,. is not. the fubject, of enquiry to-day. Your acquittal of him upon-the prefent charge, will not leave him the lefs refpenfible for any thing that.can be brought in charge againft him for any thing he has done amifs.in another country, or even in this, upon any; other charge that can fairly be brought home againft him ; but, Gentlemen, you.cannot be furprifed that, under all thefe cir- cumftances, Mr, O’Connor had thought it right himfelf, and had been advifed by. his friends, aétually to. leave the kingdom of Ireland about. the beginning of fanuary in the prefent, year. In confequence of what had happened, he had found himfelf un-: derthe neceffity. of leaving that kingdam,-—W hy ?. Becaufe-you have already heard what was the unfortunate fituation of Mr, O’Connor, that he was undoubtedly an obnoxious man, who hag been, as ftated by one of the witnefles, already apprehended, had been in cuftody for a period of fix months, and. had been, releafed without. trial, without charge again him, after al} his. papers, had been feized in that kingdom, after they had been all in the poffefion of the Crown for a. period of fix.months, after he had fuffered’ clofe imprifonment for that time, and that during all that period nothing had been difcoyered agai inft V3 Lim ( 194 ) bim that made him. refponfible to the Jaws of that country you haye heard that he had been liberated without trial. _ Gentlemen, when Mr. O’Connor found that his’ ficuation was fuch in that country, that he was liable (the Habeas Cor- pus act being fufpended there) to be apprehended on: fufpicion, to be fubje&ed again to clofe imprifonment, which had already greatly impaired his health, and a repetition of which would in all probability have been fatal.to him—I fay, when a gentle- man had once fuffered fo much in that country, and was liable again to fuffer, he could not be expected to continue there ; and here I do not mean to argue whether it was right or not that he-fhould thus fuffer, whether the ftate of that country made it neceflary, on the part of Government, to adopt thofe meafures; I am not ftanding up here to arraign the propriety of them ; all that I ftate is, that fuch was the fact, fuch the fitu- ation of that country, that a perfon guilty of no crime, (Iam warranted in faying Mr, O’Connor had not committed any, for if he had, undoubtedly he would have been brought t6 trial for it) was liable notwithftanding to be arrefted and fent to gaol, there to be kept a clofe prifoner for fix months. You cannot wonder that a gentler man, under fuch circumftances, fhould think it neceflary to quit fuch a country. The apprehenfions of Mr. O'Connor were heightened alfo by circumftances that greatly tended to aggravate the nature of his imprifonment, to excite his alarm, and to ftrengthen his fears for his prefent fafety, and to make him dread a fecond im- prifonment. I fhall prove, that while he was actually in clofe cuftody in that country, a fort of conduct was obferved towards him, to which, (as I truft, Gentlemen, for the fake of huma- nity, and.as I have no doubt might be proved) the perfons hold- ing the great and refponfible fituations in that country could not in any refpect be acceflary ; but the fact is, that while he was in the Tower at Dublin, in no lefs than in three inftances, one in particular 1 under circumftances that greatly tended to ex- cite alarm in his mind, Mr. ‘O'Connor was fired at by a fentry with ball, in fuch a way, that he very narrowly efcaped with his life. Gentlemen, under fuch circumftances, when fuch. was the fituation of the country, that a man was liable to be taken ( a6y taken up and confined in clofe imprifonment, not merely at the peril of his health, by the ordinary effect of imprifonment, but to be fubje& to peril and danger while in that cuftody from actual force, in a cafe where his innocence was fo clear that he was ultimately liberated without a trial, it is not to be won- dered that a gentleman fhould endeavour to take the earlieft opportunity of quitting it, and to avoid all poffibility of being again placed in a fimilar predicament. In the early part of the prefent year, Mr. O°Connor there- fore came into this country ; that he had no other purpofe what- ever than the one I have ftated, viz. to avoid danger in his own, you will, I think, be clearly fatished, from his conduct when he came here. He ftaid from the beginning of January to the latter end of February, a period fomewhat fhort of two months, during which time I defy the Profecutor to prove (in- deed I may boldly ftate the reverfe, becaufe no proof has been adduced to the contrary) that during all the interval whilft he was here, any part of the conduét of Mr. O’Connor was in the fmalleft degree reprehenfible, or fuch as to excite the fmalleft fufpicions of his being concerned in any thing improper, either in a&t, in thought, or in deed. Gentlemen, the Profecutors have had opportunities enough of knowing where Mr. O” Con- nor lived, with whom he lived, how he conducted himfelf during all that time. They have got at all his papers; you obferve he has not ufed the precaution of concealing or deftroy- ing them ; they have preferved every {crap and bit of paper upon the common fubjects of life, and fome of a more private nature ; all are found,.fome in his poffeffion, fome in the pofleffion of others, and they are all here laid before you. I afk you now, Gentlemen, to fay, whether you difcover a fingle circumftance, from his arrival in England in the begin- ning.of January, 1798, to his leaving London on Sunday the 25th of February, one fcrap of paper, that jultly faftens upon Mr. O’Connor not merely any guilt, but even fufpicion of any improper, difhonourable, or even imprudent conduct; that tends to fhew, during that time, he took any part in the politics of England, or mixed with any Clubs or Societies which are fuppofed. to exift in diferent parts of the kingdom. Is there U4 the ( y@98 ))) the {malleft proof of it? It is impoffble: for Mr. O%Conner te prove.a negative, further than by the fort of evidence that-has already been given to you, namely, that his. moft,confidential friends, thofe who faw.and knew. moft of him, -never knew-or believed that he was, conneéted with any one political Society of any kind foever.in the whole. courfe of his life; he-has pofi- tively declared the contrary himfelf, and there is no proof on the. part, of the Crown that he ever was.:. Unlefs, therefore, you, prefume that he was,, without, proof, contrary to his own declaration upon the fubject, and. contrary to, the evidence of Mr., Bell, who, has faid that, to: his knowledge or belief, it was not. fo, you muft fay, that during all that period of time Mr. ©’Connor did not mix or conne& himfelf with any political So cieties of any kind whatever, good or bad, whether calculated to obtain pure and fimple reform, or defigned for worfe pur- pofes, if any fuch Societies exift in the kingdom. But, Gentlemen, how did, he condu&. himfelf during this time! with whom did he affociate?. who-were the: perfons he was. at that time converfant with? Here you. will find.a moft weighty and important part of the cafe in favour of this gen- tleman 5, you will find that Mr. O’Connor, who had come inta this country in the ardent hope. that he might have been per- mitted quietly to remain here, had undoubtedly; though he had no connexions with any part of the. politics, in England, dear and near connexions in this country ; great and refpectable characters in it had for a long period of time heen: Mr..O’Con- nor’s moft intimate and clofeft friends—gentlemen with whom it is the pride and honor of Mr. ©’Connor’s life toavow his connexion ; I truft they will be. here by and by, and:be ready to-day to avow, on their part, their clofe intimacy, :warm and affectionate attachment to him-—-perfons of fhrewd. and intelli- gent. minds; t hemfelyes, who will tell you, that\they never once difcoyered in any part of Mr. O’Connor’s life. or conduct, any thing to forfeit his.title to their warmeft and moft affec- tionate efteem, and their higheft opinion, Gentlemen, when I ftate who thefe perfons are, you will find this part of the cafe to be very important, not merely) in the general view of chara&tery which: ought always, to:have great (R97) great weight in any cafe refting merely on fufpicion and ‘pres fumption, but, in this, to be péculiarly effential in fhewing how this gentleman ‘conducted himfelf, with whom he lived, in orderito negative the imputation of this foul defign; and is further of the laf importance, when you come to apply this part of the evidence to the*paper' in queftion; for I fhall put out of all doubt, that this evidence difconneéts him with that foul paper, and-intrinfically proves that Mr. O’Connor ‘conld not poflibly have had any concern whatever, directly or indi- rely, any knowledge or privity, refpecting the contents of if, When I°ccome'to examine its contents, if any man breathing can ftand up, and ftate he fufpecéts even that’ Mr. O’Connor could have been ‘bafe enough, wicked enough, foolifh enough, to: have had any knowledge, or connection or privity, of any fort whatever, with the contents of that paper, gentlemen, I might venture to flate, that I would abandon all hope‘on the part of Mr. O’Connor.' You cannot conyi& Mr. O?Connor, becaufe that wouldybe‘in’ a cafe which, on the part of the pro- fecution, ‘depends folely on prefumption and probability, ‘to de- termine againft’all probability, againft all che workings of othe human mind, againft. the whole hiftory and experience of the world, againft-all the evidence that human ‘nature affords. I have ftated, ‘that during the period in queftion, Mr. ©?’Connor was in habits of the’clofeft intimacy and friendfhip withthe firft gentlemen of this country; and Jam ‘fure with men of liberalminds, fuch-as I have now the honour to addrefs, jt will not: operate, in any refpect, to the prejudice of Mr. ©’Connor, or leffen the juft weight that is due to the tefti- mony-of thofe gentlemen’ whom Iam’ about to name and to call; that they are, Ido not difpute'it, moftly of a particular political party and connection in this country. Weare not now difcufling the queftion who is right or who is ‘wrong, with refpect to the political opinions which divide this country ; it would beextremely improper to introduce any fuch difeufion into this folemn proceeding. I hope that all parties’ mean’ the ‘famey that the ultimate obje&taimed at,’in ‘the’ condu& and opinions: of ‘each, is the happinels, ‘fafety, and welfare, of their>country; that though they may differ refpecting the means, (99298), ) means, that is all the difference sbetween good, wife, and in- ' telligent:men, of this country...Nay,:the paper in queftion, if any, credence or authority..were due, to it, ,unqueftionably proves this.to she, the cafe ; that all. perfons of any rank and condition, all :perfons. of .any, eminent fituation in life, are confidered .as hoftile to the, great external foe of the country 5 that they.are all united in their horror; deteftation, and deter- mined refiftance. (if ever the..oceafion fhould call, for their united, efforts), to.a)man. united, to oppofe the common enemy. bam, fure it will not,operate upon your shade to leflen the weight that.is due to the teftimony of the gentlemen we fhall call, if, upon fubjects of a political nature, fuppofing you to haye ever made politics the fubje&t of your thoughts, you fhould .happen. to. differ in opinion with thefe gentlemen., | ftate, therefore, that Mr. O’Connor was the long, clofe, and intimate friend of all the gentlemen that, have taken an active part in parliament in oppofition tothe prefent miniftry. | fhall. call to you, as:witnefles, Mr. Fox, Mr. Sheridan, and many other gentlemen of great character and refpectability, to fhew folely their private intimacy and connection with Mr. O’Connor, down to the very time that he left London in February laft, receiving him at their houfes, interchanging the moft focial vifits, in the manner in which the clofeft friends communicate, and receive one another. Undoubtedly they thought alike upon public fubjects, they thought alike upon many private. fubjects, and it was that, and that only, which united one with the other, This, I fay, Gentlemen, operates negatively and pofitively ; it, negatives any other connection incompatible with this, and it pofitively proves his attachment and connection with all thofe perfons wha, you will by and by find, are the pointed objects of attack in the paper that is imputed to Mr. O’Connor. You will find throughout that, paper, that the greateft part of it, all the ftrongeft, and by much the moft acrimonious. part of it (if it was intended to. be. deliveredy..or. to. be fhewn ta any body), is ,clofely. and directly painted againgt the beft fri iends, C99 3 friends, the deareft' and ‘clofeft connections of Mr. O’Conner, who is fuppofed to have been the author or approver of it, and which you muft pronounce him ‘to be, if you determine that Mr. O’Connér i8 guilty of the charge in queftion. “Gentle- men; I ftate that Mr. O’Connor was quietly demeaning him- felf, and to this hour probably would have been employed'in the fame manner, would have continued to have lived unmo- lefted in this country, and’cértainly not taking any patt in thé affairs of it. He was, in truth, actually engaged in the poli+ tics of another country, where was his proper {phere of action. He had’ concerhed’ himfelf ‘about the politics of this country, merely from the ‘circumftance of his private friendfhips here with the gentlemen to whom I have alluded, and asa cafual by- ftander. But, Gentlemen, it may be faid, that the profecutor ‘has proved, refpecting Mr. O’Connor, an intent ‘not to remain here, but to go out of the kingdom; why did he intend to go out of this kingdom? If Icould not anfwer that queftion, and tell you why—if I was, on the part of Mr. O’Connor, to re- ain a fullen’filence, and to fay to the profecutor, you are bound, on your part, to prove, not merely what was the reafon, but to prove, that the fpecific reafon alledged in this indictment was the reafon why he was going abroad; I am not hound to difclofe any reafon. If it was left altogether in doubt what other intent he had, and you do not prove, to the fatisfation of the Jury, the intent that you have charged, namely, that he was going to invite an invafion of Great-Britain, though I were to be totally filent on the part of Mr. O’Connor, the Jury muft-acquit him. And, gentlemen, I beg you to recol- le&t, and to retain that obfervation, becaufe you will find it not an immaterial one, as applied to many of the topics preffed againft this gentleman, in the out-fet of this bufinefs, that the paper, and circumftances attending it, throws upon the gentle- men at the bar a fuppofed neceflity of explaining this or that circumftance, is not a true confideration of the cafe; it would be the greateft hardfhip in the world if it were fo, as I fhall particularly have occafion to obferve, when I come to take notice of one or two papers produced upon this fubject, and which { 300 ) which, alone are material for your confideration, . Reyerting now to, the fubject of this intended departure from, the kings dom, I fay, if, on the part of the profecutor, the evidence be not fufhicient, to prove the intent charged, you muft acquit Mr, O’Connor, without any pofitive evidence on his part, of what was: his motive. : But, Gentlemen, I am not difpofed, on the part of Mr. ©’Connor, nor am I inftru&ted on his part, to conceal any thing from you; that is not the nature of Mr. O’Connor;. if he has a fault, it is unqueftionably the unguarded franknefs, and unbounded liberality, of his mind, charaéteriftic of the coun. try to which he belongs, and peculiarly fo of himfelf, an opens unguarded manner of conduct, throughout all his public and private life. Gentlemen, Mr. O’Connor undoubtedly did ins tend to go out of this country—why did he? becaufe he was advifed by the beft legal advice that the country affords, becaufe he was informed that he could not with fafety remain in the kingdom ; that he was. liable, if he did, to be apprehended, and fent back to Ireland, where he might be in danger. of another cuftody, and the poffibility of a trial in that country. ‘Though originally he fuppofed himfelf to be in a ftate of fecu- rity here, he was told the contrary by the beft legal advice upon the fubject; and therefore, from the moment that he re- ceived it, unqueftionably Mr. O’Connar did, what is proved by Mr, Bell, and what I do not difpute, inceflantly endeavour. to find means to go out of the kingdom. : But you may, perhaps, afk for fatisfaction one ftep furthers does he not appear here to be going aut of the kingdom pri- vately and fecretly? does he not adopt. a change of name?. How is this referable to a legal departure out.of the kingdom, or confiftent with what he hada right to. do? Why-does he not plainly avow it, apply for a paflport, and publicly. go, in. the way that any other fubjec&t would, who, for any lawful reafon, had occafion to quit the kingdom? Here again, I fay : it would not be incumbent upon me to go into the {pecific rea~ fon. Ifthe profecutors do not faften uponit the intent charged, even if it was to be left to general fufpicion only, what was the reafon and motive for Mr. O’Connor having recourfe to thefe (° 301 ) thefe methods, ‘alk that you could fairly fay would be this, that there was fome reafon why it was neceflary for Mr. O’Connor to go privately out of the country, not in the regular channel, not with vouchers and documents that a perfon having a righé to go would have had:about him, at the time he aCtually went. But it does by no means follow that he was going to commit treafon, becaufé he was goifg privately out of the kingdom; for if that argument could hold, ‘no man could ever be guilty of that, which is a fubjeét of charge in a particular a@ of parliament that has prohibited Britith fubje@ts, without licence, Soing out of this kingdom into France, at the peril of com- mitting a mifdemeanor, and’being liable to fix months impri- fonment. It might always be faid, oh, they go out privately, there muft-be feme illicit and improper caufe, no man would so'out in that manner who had not fome wrong intent in ity and’ you muft go the length of inferring, that every man that does fois therefore to be fufpected of high treafon; you are to jump to the conclufion, that every man who is going to France, without licence, is to be fufpetted of high treafon. Proof that he intended to go fecretly, is to be a fufficient foundation for a Jury to eftablifh, by their verdi&, that he did intend to commit treafon in the foreign country to which he was deftined. No, the law doés not fay that, the law does not reach to in- ferences and’ prefumiptions in this manner; other proof muft be given than the bare circumftance of a private departure from the’ kingdomi—of a concealment of purpofe, name, object, and deftination ; fuch are only circumftances, and not alone fairly Wartanting a conélufion of a purpofe of treafon. | But, Gentlemen, is it not eafily explained why Mir. O’Con- not fhould go out in this: manner? If Mr. O’Connor was in- forméd; that by ftaying here he was liable to be apprehended by the Governmient of the country, was it not indifpenfably neceffary for him, when he was refolved to go out of the: kingdom, to execute his plan with fecrecy? and furely, if you feé one plain and obvious motive for a man’s conduct, you will not look’ for any other. In the’ profecution of the plan pre- feribed to him, it ‘was abfolutely neceffary for Mr. O’Connor that he fhoald go without the knowledge of Government. ° He ( 302 ) Fleicould, not therefore apply. for a -paflport to,the, Duke of Portland, becaufe that would immediately have fruftrated.-his abject, and, inftantly have made. him the prifoner, of .that Government, to whom he difclofed his intention.—It ts quite ne i to aflert that meaning to go out of the Kingdom, and. being advifed that he muft do fo,..for the purpofe of avoid- ing arreft, and, imprifonment,.he could..fafely go openly. to Government, and declare, that he, Arthur O?Connor, wanted a.paflport to.go:out of the Kingdom, to parts beyond the-feas. —-Uherefore 1, fay it is.very..naturally accounted for, why Mr. O’Connor fhould with to .go.out. of the Kingdom,,and go out under the, circumftances. that, have appeared in evidence+ — But, it.may be faid; why,does not -he go out alone,, or.-ac- companied-only by, Leary -his, fervant,. his common, domettic, who had lived with him fome.time?, Here. he is. going.ou with .others,, that.is to fay,, with.three’ other perfons,, as. ituis charged,,. Mr, Allen, Mr..O’Coigly, and Mr.,, Binns: how happened they to go.as part.of his. company ? Now, (Gentlemen, here, again. permit me to-have recousrfe to, the fame, argument that I have ufed.before..If I..were not able to explain to you by, what.accidental.circumftance, or.by .what.projected plan,.thofe.who intended'to go with him, happened to, be, drawn-into his company-—Indeed,.- with refpect, to.one,of them. I fubmit to you, and it.will.be-here« after more fully pointed out. to your attention, by -his.Coun= fel, the intent to go perfonally abroad, feems fairly negatived, hy. the evidence, but with refpect to the other two, .if L were, not able to.explain why they were.of his party, for. the.pur- pofe of going abroad. together privately, would.itneceflarily follow, that therefore they are all, to be fuppofed to have--had: the fame reafon, to have had. the. fame. motive, to-have-had the fame defign for going ?.. It would be incumbent on -the profecutor..to. prove that; he muft prove. the defign of one: individual of the party, and when he has proved that, he muft connect. the others with that defign, not with the bare defign: of going abroad, but with the further defign. of going, with the treafonable intent, which muft.-be. faftened on the ‘fingle individual, before he can be. convicted... It would be:the-rafh- f- eft (t 388. ) eft conclufion ih ‘the world) that becaufe’ four perfons'ither intend to go; or actually go ‘together upon any journey, or voyage, in ‘the Kingdom; orotit of the Kingdom,’ the defign ef each; is thé defign of all; and that each man is refponfible for what-the‘ others* intended: -Gentlemén, TE fhallbyto ‘take upon yourfelves to pronounce, refpecting the hidden purpofe ef anothermanh’s mind, what was his intent with refpe&to all the acts which he is proved to have done.—That is an enquiry, in all cafes, attended with: infinite dificulty, even in the cammon: affairs of life, for one man to pronounce, from circumftances, and from condué&, what was the intent of any other man’s mind} with refpe€t to particular acts ; but, undoubtedly, the degree of the ftrength of the cafe; will depend upon the nature of the acts, how far they do, or do not indicate, fufficiently clearly} the intent of ats that are unqueftionably, and certainly proved to have been done—How far they are, or are not, indicative of the intent charged.—Some acts are fo ‘plainly expreffive of the intent, that Juries -are fairly warranted in| drawing the inference—other acts are more equivocal, ftand doubtful; and referrible to one caufe, or another, to one motive, “of another, the conclufion then becomes more difficult ;. when to acts of that fort you are to impute any: particular intent) acts that are capable of being referred to a hundred different purpofes, and motives, then it becomes a matter of great caution, to beware how far: you take upon yourfelves to faften upon thofe acts, a {pecific intent; how ‘eafily may you be. miftaken, and deceived by circumftances, to fuppofe that to be the intent of another, which in truth was not—= I fhall ftate the doctrine upon this fubject from the higheft aus thority, and I beg you to carry in mind, when you come tocons fider the evidence before you, what the greateft authorities in the law have faid, with refpect to prefumptive evidence, and how. far it ought to operate in) all matters of criminal enquirys Gentlemen, 1 would entreat you to attend to what; as affording a fair analogy, is faid by my Lord Hale, in {peaking of the doctrine of prefumptive evidence, how far it! is fafeg or even proper, in any criminal enquiries, to rely upon it, and what his own experience had taught him,was the dane ger, and the fallibility of even ftrong circumftances ; fuchas would have been thought to. warrant, the conclufion, and :yet have.turned out to: be. totally fallacious, and to have led to very unfortunate confequences,, to, have -fubjected: innoceng men to death.—I will flate to you, what my Lord Hale has, x in ( 306 |) in his’ Pleas of the Crown, handed’ down to pofterity, as rules for the guide and conduct of all Courts of Criminal Judica, ture, upon fubjects like the prefent.—* In fome cafes” (fays he} © prefumptive evidence goes far to prove a perfon guilty, though $ there be no exprefs proof of the fact ta be committed by ¢ him—but then it muft be very warily preffed, for it is better ‘five guilty perfons fhould efcape unpunifhed, than one inno- ©cent perfon fhould die.—-He then ftates a circumftance» that’ had paffed within his own knowledge, ‘ if a horfe be © ftolen from A. and the fame day B. be found upon him, ‘it ¢ is a ftrong prefumption that B. ftole him—yet | do remem- © ber, before'a very learned and wary Judge, in fuch an in- ¢ flance B.’? (that is the perfon found ppon the horfe) was found guilty © was condemned, and executed at Oxford affizes, ¢ and yet, within two affizes after, another perfon being ap- € prehended for another robbery, and convicted, upon his ¢ judgment and execution, confefled he was the mam that ¢ ftole the horfe, and being clofely purfued, defired B.’ (that is the perfon found upon the horfe) * a ftranger, to walk his horfe for him, while he turned afide upon a neceflary oceafion, and © ‘efcaped, and B. was apprehended with the horfe, and died § innocently.’ Now here, Gentlemen, were ftrong circumftances, and as Lord Hale afterwards ftates, ‘ perfons really innocent may € be entangled under fuch prefumptions, that many times carry great probabilities of guilt.2 There were very ftrong cir- cumftances there, to inducea reafonable ground of prefumption ; a man is found with a ftolen horfe, ‘and it may be faid, is not this a reafonable ground, upon which the Jury may fairly draw an inference, that he was the man that ftole it. But, fays my Lord Hale, and he mentions this remarkable inftance, that had fallen within his own knowledge——take care how you draw conclufions from’ circumftances, let it be warily prefled, becaufe often it 1s fallible, and leads to erroneous, ‘and: dan= gerous ; conclufions ; ¢ therefore,’ adds Lord Hale, ¢ I would § never convict any perfon for ftealing the goods of a perfon ¢ unknown, merely becaufe he would not give an account how ; he came by them’ give me leave to requeft your attention, to that—‘ unlefs there were due proof made that a felony was . © coms (, 39%,.) € committed of.thefe goods,’—merely that.a man is.found with goods upon him, and will not give an account, of them,-—-why that, fays Lord Hale, may induce a pre{umption, that a maa ftole them, and did not come honeftly by, them, for why, ,(it may be faid,) will not, an innocent-man. tell. how he came,by goods found in his poffeffion ; but, fays Lord Hale, * I never * would convi& without firft requiring that there fhould\be © that corpus, deliéti, that there fhould be the fact.eftablifhed ‘ previoufly, of a felony being -actually committed:’—-So. he faysy-~* I. would never convict any. perfon’.of murder,,or ‘ manflaughtery unlefs the fact were proved tobe done,. or, at ‘ Jeaft the body found dead, for the fake. of two.cafes, ane al mentioned. in my Lord Ceke’s Pleas of the Crown, cap. 104, © page 232, a Warwickthire. cafe.’ « Another happened in my remembrance. in Staffordfhire,’— Lord-Hale then ftates a remarkable cafe, that. had happened within his own memory, proving the fallibility of prefumptive evidence ; ‘a perfon was long miffing, and, upon frong.pre- ‘ fumptions, another was fuppofed to have murdered him, and ‘ to have confumed him to afhes, inan oven, that he fhould ‘ not be found; upon which, that perfon was indicted for mur~ ‘ der, and conyicted, and executed,’— You gbferve here, upon ftrong prefumptions—Lord Hale ftates, it—and_ within one year afterwards, the man, who was fuppofed. to ,have .been murdered, returned, being indeed fent beyond fea, by the man who was accufed of his murder, againft his will,—-and fo, fays he, ¢ though the man who was under accufation, juftly deferved ‘ death, yet he was really not guilty of that offence for which he ¢ fuffered.’? Herethere was unqueftionably mifcondu¢t in the indi- vidual, under accufation. Hehaddone, toacertain degree, what he was highly criminal in having done., It warranted ftrong pre- fumptions againft him, yet fays Lord Hale in that cafe, by too rafhly drawing the conclufion, an innocent man, innocent of the particular charge again{t.him, was actually convicted and. exe- cuted. % Lord Hale refers to another cafe, mentioned in Lord Coke, élluftrative: of the fame general doétrine, how,warily a Jurys gnd a Court, ought to act upon prefumptive eyidence—A very 7 Dae. remrakable ( 308 ) remarkable cafe that had happened in Warwickthire, which is familiar to every body,—* An Uncle who had the bringing up Sof his niece, to whom he was heir at law, correting her’for ‘ fome offence, fhe was heard to fay—good Uncle do not kill ¢ me 3—After which time, the child could not be found, where- $ upon, the. Uncle was committed upon fufpicion of murder, ‘and admonifhed, by the Juftices of Affize, to find out the € child by the next \affizes; againft which time, he could-not ¢ find her.’—Here you will find that the perfon accufed of the fact, had attempted, what juftly created very ftrong prefump- tions againft him ;—He had recourfe to falfe teftimony in fup- port of his defence, * He brought another child, as like her in * perfon, and years, as he could find, and apparelled her like ¢ thetrue child; but, on examination, fhe was found, not to © be the true child Upon thefe prefumptions, he was found ‘ guilty, and executed—but the truth was, the child being ¢ beaten ran away and was received by a ftranger, and after- © wards, when fhe came of age to have her land, came and de- ¢ manded it, and was directly proved to be the true child’— This is a hiftory that ought to make men cautious of drawing rafh prefumptions in criminal cafes of life.—Three inftances are ftated by Lord Hale and Lord Coke, and held out as a warning to all Courts of Juftice, how warily they ought to prefs prefumptive ‘evidence in matter of life. Lord Hale con- cludes with obferving that perfons really innocent may be en- tangled 1 under fuch ptefumptions that many times carry great probabilities of guilt—that is his inference. I donot mean to ftate that thefe particular cafes are any otherwife applicable to the preferit, than for the fake of the general doctrine laid: down by Lord Hale, ‘which. is in truth the doctrine of common fenfe; of common experience, and teaches how extremely fallibleis reafoning drawn from prefumptions, though ftrong in .them- felves, how often they lead to falfe and erroneous conclufions, and therefore how warily they ought to be adopted in, any cafe, more. efpecially in a cafe of lifes ’ “Now: Gentlemen, do not ‘let it be inferred I mean to ftate, that in no cafe is a Court of Juftice to a& upon prefumptions, let the circumftances be ever fo ftrong, ‘no, that is not the doc. as : nw tio! trine, = ( 309 } : triney but thédoGrine is: this, that prefumptions ought tobe warily prefied, that the Jury ought to weigh them. cautioufly and guardedly, and to bear in their remembrance, that in their nature they are deceptive, that they may lead'to erroneous con- clufions, ‘that innocent men may be entangled under~ ftrong prefumptions of guilt; and that in doubtful cafes, as Lord Hale fays; ‘ Tutius fémper eft errare in Acquietando quam in‘puniendo “ex parte. mifericordiz quam ex parte juttitie,’—It is fafer to err on that fide; that is the conclufion, not that you ‘are uni- verfally: forbid to a& on circumftantial. evidence, but that where it comes to be a meafuring caft, you are to take thé ges neral prefumption of innocence along with you, and not ina cafe of life, to infer the imputed guilt, unlefs the circumftances are fo ftrong, fo pointed,’ and fo clear, that’ they cannot fairly be referrible to a contrary intent, Having fated thefe general principles; let us examine the circumftances that have’ been laid before you, whether they are of a nature fufficient to warrant a verdict-of guilty ; how far it has been made out clearly and fairly as it ought to be to your fatisfaction, that it was the intent of any body to carry the paper in queftion, the only paper which is pretended to have been deftined for that purpofe; to the Executive Directory “of France. You obferve, the profecutor is in pofleffion of all the luggage of all the perfons who were ftopped ; ‘there is not’ a fuggeftion in any part of the cafe, on the part of the profecu- tion; there is not a witnefs who has hinted at the idea, that at any period of the journey; or at any one place, there was any paper or bit of paper concealed or deftroyed by any one of them; you are not to prefume this, unlefs there be fome evidence; there is indeed clear evidence to the contrary; bés caufe, if the prifoners had been difpofed to deftroy their papers, if they had ufed fuch a fort of ptecaution, unqueftionably the profecutors would not have been in poffeffion ‘of all ‘the evi» dence they have produced; of all the moft private and particw2 Jar papers belonging to each prifoner ; but papers of that nature: are actually found, which excludes the idea that any had ever been deftroyed; you are therefore warranted in’ believing that you have before you all the papers that thefe perfons had in their pofleffion of any kind whatever, X 3 Now AS ee) Now in the refult of all the examination you have heardy and you fee nothing has been left undone, and properly fo, no= thing ‘has been left behind that the induftry and weight \of the €rown could produce, from all quarters of the different king- doms, there'is no paper of any kind whatever; deftimed to con- vey intelligence’ to the Executive Dire&tory of France, except one. It is a moft extraordinary circumftance, if it was the defien of any body of men in this country, if any fuch body of men exifts, calling themfelves, as they are ftated here, the Secret Committee of England, if it was their defign to fend intelligence to France for the purpofe of inviting an invafion of this kingdom; it feems to me to be a moft extra~ ordinary cafe, certainly it is the firft that ever exifted in hif- tory, where fo much induftry fhould be employed; fo ‘much labour and expence undertaken, as to hire four meffengers to carry one paper; one paper only is found, and that is unquef- tionably the only one that exifted. But, gentlemen, befides let us obferve, under what circumftances is this paper found, and what there is to prove, on the part of the profecution, that it was a ferious paper of the kind ftated, upon which you are to venture to take away the lives of five perfons. In the firft place there is not the leaft tittle of proof on the. part of the profecution, there is not the leaft fuggeftion that there does; in point of fa&t, exift any fuch body of men as this paper profeffes to come from ; for any thing that is proved ba fore you, it may be the produétion of fome idle garretteer, the random workings of fome madman, fome abfurd, frantic, foolifh perfon, who was writing a paper of this abfurd nature, without having any ferious meaning, without having any kind of authority, connection or correfpondence of any fort what- ever, with the perfons to whom it is addrefled. You will per- haps, fuppofe that improbable; I ftate it as mere conjecture on our part, but I ftate without hefitation, that there being no evidence to prove that there does, in fact, exift any Secret Committee of England, you are not to prefume it. On the part of the Crown they have, of courfe, been ufing all means to find out, and they have, it may reafonably be fuppofed, the means of-difcovering if there does exift fuch Secret Committee any (32%) ) fny where; no evidence has been adduced to prove that-ait does exift, and therefore I have a right to fay that it ftands on imere prefumption, except ‘as. it is proved by the paper itfelf. But whether the paper actually was written by one individual; unconneéted with any bedy, whether written for the purpofé of mifchief, or for any other wild, abfurd, or extravagant pur pofe, I fay, ‘refts altogether without any proof ‘oh the part of the profecution ; if, therefore, there be none on mine; we ftand inthis refpect on an equal footing. But it does not ftand indifferent upon this fubje€t, forthe paper itfelf, and the circums ftances under which it was found, furnifh fair négative evis dence, that it did not-and could not come from. any body of men whatever, condu@ing themfelyes with ordinary caution and prudence in the profecution of the fuppofed plan; or even with common fenfe, and the fame argument applies to thofe who-had the charge of it. If it was a paper of the defcription charged, fent by a body of men, conftituting the Secret Committee of England, to the Executive DireG@tory of France, this will be admitted to me, that no man could. be the carrier of it without knowing the perfonal danger to himfelf; he muft have known, that in cafe of his apprehenfiqn and this paper found upon him, he would certainly forfeit his life. Will vou believe then, the bearer of ‘it, if He had known it to be a paper of that defcription, would not have adopted ordinary caution for his own perfonal fafety, much more if many lives were known to be at flakes furely, I fay, that ordinary caution and ordinary care at leaft would have been ufed on two accounts: firft, becaufe if it was a paper of fufficient confequence to have a meflenger employed inthe tranfmiffion-of it, it was neceflary for the fafety of the paper, and for the object of the miffion conftituting the fole purpofe of it, that it fhould be protected with peculiar caress next it was neceflary that cave and caution ‘Should ‘be ufed for the fake ofthe individdal or individuals who were entfuited with the conveyance of it. Now, does there appear in any part of this bufinefs, from the evidence given by the Crowns ordinary caution to have been ufed with a view to either of thefe objeAs?-—-Was there ever a meflenger-employed ina pur x 4 pofe (312. ) pofe like this, and efpecially one, who as is fuppofed by the contents of the paper, to have been a ‘perfon practifed’in fuch an employment, to have once before been the bearer of a fimilar paper, and therefore knowing the ordinary caution neceflary to be taken with regard to it, who was guilty of fuch rath, imprudent, mad; and foolifh conduét, as upon the’ hypothefis of the profecutor, all the individuals ftanding here accufed be- fore you, did condud&t themfelves with in refpe& to this paper. You find, from the evidence adduced, on the part of the profecution, that after they had arrived at Whitftable, on Monday the 26th of February, even the firft day after their arrival, a circumftance happened, that would have put them upon their guard, that pointed out to them, even if before hand the nature of their errand and their miffion did not diftate par- ticular caution, they were roufed to it, if they were infenfible before, by a circumftance that happened in the firft commence- ment of this defperate undertaking, pregnant with danger every ftep they took. “They were endeavouring, you obferve, to go with circumftances of concealment with refpe&t to themfelves, and the object of their voyage, but not with refpect to this paper. With refpe& to the voyage, by which they mean to go fecretly out of the kingdom, they adopt all the ordinary means of caution. Would you not therefore expect from the fame men, ordinary caution to be obferved with refpe to an objegt of greater moment. Firft; I fay, generally upon fuch an occa- fion, men of all defcriptions would be cautious ; but next, when I fee thefe. men cautious upon all other fubjeéts, and’ thofe of lefs: moment, of a lefs prefling nature, in every point’ of view, Lam led to expect from them, upon the hypothefis of their being bearers of a treafonable paper, at leaft fimilar caution ‘with refpect to that important paper ; but if they were not fenfible of the neceffity of fuch vigilance before, furely the dulleft mind, a mind that never had been employed in a bufinefS of this kind before, would have been roufed to peculiar caution by the cir- sumftance that happened on Monday morning at Whitftable. As it not proved that on that morning a circumftance happened that intimated fairly to them all, that they were {fufpé&ted per- fons ; ( 333 ) fons ;.that.they were known.to be there}, that theeyes ofthe public officers were upon them; that they were watched, that they. were liable, every ftep they. took, to be apprehended and fearched? ,nay,.it, appears that .at Whititable,. they aually were fearched..- You.recolle@ it is proved, that; Mr,,King, the. revenue officer; and the other perfons who .came with.the luggage from. on.board the -hoy,, infifted upon,examining the contents of the luggage at..Whitftable, ,and, that, after, they were, gone, -or rather at the time, the landlord japprized, fome of the prifoners of their future. danger, and,told.them,that,they might. expect to be fearched .at Margate. Knowing; then, that they were become the objects, of fufpicion, and, noticed by, the public officers. of Government, in. confequence, of. the circum- {tances that:had happened, they, were called upon, from, thence- forth at leaft, .if, they had not been up.to that time, to, be more particularly cautious during the remainder. of the journey.— How then can you poffibly conceive that thefe.men, could, be con{cious, that there was in. the pocket of one of them.a:paper of this defcription, and that. no means fhould be, employed to. put it out.of the reach of being taken.in the event of their being apprehended and again fearched ; would not fome of the beft means have been. adopted for this purpofe, fuch as eafily fuggeft themfelves to perfons who are, in. the habit, of being bearers of papers of this dangerous nature, to put it beyond the poffibility of detection. A thoufand means might eafily have been adopted..to. make it-impoffible, in cafe of afecond fearch,; to have faftened upon them a fingle circumftance relative to. this paper; itwas ex-' tremely eafy for an individual to have put it into\a cypher known to himfelf, which he might have tranflated. afterwards when he, arrived in France, in a way that had. he been apprehended, : and. the cypher deftroyed, it would not. have been poffible for any: individual to have known what, was the nature of\the paper actually: conveyed; but here isa paper not: in» cypher, :noti in any difguifed epithets and language, but in plain diret terms, treafon inevery line of it; if it was a genuine: paper, being what it: purports to be, from a body of men here, addrefled to the Executive Directory of France, which Aveo man that fees ( 3% ) : fées it, inftantly obferves, is plain, palpable, direct treafony and points out thofe to be traitors who have it.» What now is the conduct of thofe who are faid to have the care of it ?>~ Where do they put it for the purpofe of fecure cuftody, care and concealment? In a preat coat pocket: Why gentlemen is it pofible to conceive that any one place could have been thought of more liable to danger than that was}; the clothes, the moft confpicuous when worn; yet liable at any time to be feparated from the perfon, and in the event of danger not at hand ‘to have its contents deftroyed. What, were thefe four bearers of a treafonable paper, upon the face of it undifguifed treafon, apprized of danger, expecting, and apprehending fearch, at Margate, and has not any one of them common fenfe or common caution, to adopt better means ‘6f conceal- ment, or find a place to put it in better than the great coat pocket of one of the individuals concerned? Gentlemen, I ftate this to be a very ftrong circumftance to fhew, that in the judgment of the perfon, to whom it was known to be there, it muft have been confidered as an idle paper, of no confequerce, or validity, and not of the im- portant nature that it is now reprefented to be: and therefore mixed with common papers, in a place of the leaft cuftody, or fafety ; but if this great coat did contain a paper, of this value and importance, furely, fome particular caution would have been obferved with refpect to the care of that great coat,. when the party were at Margate, where they expected to be fearched, where they knew they were watched : “furely, they would at leaft, if the paper was to be left in a-great’ coat pocket, have put that great coat where it would:not at once; ftvike the eye of the firft man that came into the houfe. Now let us fee, what is the account given of it. Why, Gentlemen, Mr. Fugion, -and Mr: Revett,:) two Bow Street Officers, upon whofe teftimony yow ate intirely to depend ;-as tothe proof that any fuch paper as ‘this, was actually found in that great coat pocket; telate that upon their coming into the room, a common room in a’ public: Inn, ‘(1 donot {peak of its being common, in the fenfe of being ‘ac- ‘ceflible to more than one party, but I mean im this fenfe -com- mon, ( 375) fmon, that any other party, of any defcription’ of ‘perfonsy might have occupied it, when not engaged by the individuals, that had been there over night :) a room where the company had fupped the preceding evening; and where they were to breakfaft in the morning; they find hanging upon a chair; a great coat, with this important paper in the pocket of at. Why, Gentlemen, during the whole night, was that room locked ? was it fecured ? were any ‘means taken to prevent any mere fpeCator, the waiter, even if he had not» been: fo attentive as to hear the fcratching of a pen, through a lattice in the next room, but a man who has the ordinary curiofity of a waiter, from examining the great coat, and infpecting the paper. Ina public Inn at Margate, a fea port town,’ ac- ceffible to all defcriptions of perfons, conftantly coming in and out, at all hours of the day and night, if any party, after thefe gentlemen had left the room, and were gone to bed, or any individual feeing a loofe great coat, had from motives, either of curiofity, or from awifh to pick the’ pockets of it, examined what it contained, might inftantly have got the poffeffion of this paper, which, according to the charge in this cafe, might fubje& to death, four perfons who were fleep= ing in the adjoining rooms. Surely it is impoffible to reconcile this with the ordinary caution of men, concerned in any purpofe, and much lefs in a purpofe of this nature; furely, they would at leaft have done that, which natural caution would have dictated; when they went into their bed-room at night, they would have car- ried the great coat with them, or fome of them, for conceal- ment of better care, and to keep it from any cafual obferver: and therefore, the leaving it in that expofed fituation, adds extremely to the improbability, of a confcioufnefs in any body, that there was any thing of weight, or importance, in the paper itfelf, that fhould dictate caution with refpect to’ it— Firft, becaufe of its being merely put in a great coat pocket 5 next, left loofe in a common room, and expofed, to be found in the manner the witnefles have defcribed it. But, Gentlemen, the contents of the paper, feem to me ta negative all reafonable ground, to fuppofe that it could have ( 316 ) have been written in the way alledged, and addreffed by any body here, to any well informed; and intelligent people:in France, for the purpofe. fuggefted. It is fuppofed, thatia Secret Committee formed in England, was meditating the horrid: and wicked purpofe, of inviting a ferocious enemy to invade this country; that they hired.a meffenger to carry in- telligence ‘to’ the enemy.—Why, Gentlemen, furely it will not be faid, that, if fuch a body exifts, they do not know what-all the: world befides does, the character and: defcription of the perfons'to whom they are writing; that, at leaft, thofe men, abandoned and_ profligate as:they are, upon many fubjects, have fenfe, and underftanding, and) experience in ftate »matters—as their fuccefles againft almoft all Europe muft evince, ,and that therefore, any perfon being wicked enoughto addrefs them, would, at leaft, do it ina way that was likely to gain attention, in a way likely to be of fome ufe.to that Directory. Men do not engage in treafon for nothing, they do not hire a meflenger to carry merely high founding epithets,. pompous fentences, and bombaft' phrafe- ology, of language ; or to convey rafh and general inferences and conclufions ; without. any. detail of facts, without any minute intelligence that could be of importance’ to-an enemy. Noman concerned in a plot, to invite an enemy to invade a country, could be foolifh enough to fend sutton not worth having. But at. the particular period, when this paper iis fapsoted to have been fent, to be put into the hands of the Executive Directory..of France, was the Invafion of England a new idea? Did the enemy never think of .it till it? was put: into their heads, by the Secret. Committee of Englands. in othe month of February, 1798? Are thefe:perfons :to fend a amefs fenger over to France, to point out the Invafion of England, as.a happy thought, anew plan? Is it not matter of: public notoriety, that the Executive: DireCtory had threatened: the Invafion of England, whether with an intent to profecute it, or only as a meafure: in terrorum; or for any other. purpofe, fora length of time before; nay, they are even inthis paper, applauded. for their -public. proclamations, iffued’ for: months together ; (37) together; announcing to the whole world, that they had" ‘had that’ fubje@t under their anxious confideration ; therefore, “it could anfwer no purpofe, to fend any paper ‘by way of fug’ geftion or hint on this fubje&. But, it may’ be faid, it was hot, to fuggeft the idea, but to encourage France to carry it into effet; to pat them on the back, and» induce them to profecute their intended purpofe: Well, then, if that was the- with, furely they: fhould addrefs to that DireQtory, ‘topics likely to induce them to adopt’ the meafure recommended,’ or at leaft, to perfevere in it. Is there one wordin this paper, from the beginning tothe end of it, (and I beg you to’ read ‘it by and by, for’ that purpofé) adapted to this objeét ? Does it: contain one! fyllable of intelligence, that’ the Executive Di- rectory of France muft not have been actually in pofleffion of; {able as they are to reafon upon the cafe) is there any fpecific intelligence’ of faéts, which the Executive: DireCtory ’ of France might not derive a knowledge of, by ‘the means they are known to poffefs, of getting at all that pafles pub-’ licly in this kingdom? I mean public meafures, aCtually going on in this kingdom. We all know it has been openly faid, by one.of the minifters of the country, and therefore it can be no fecret, that there are, in this country, among foreign- ers that refide here, as many {pies of the Executive Direc- tory of France, as France choofes to pay. But, upon fome fubjects they do not want fpies. With refpect to the flate of the finances of this country; the exaét ftate in figures, with refpe& to all the public ways and means of the king- dom, they: want no fpies, nor any meflenger from a Secret Committee: they have knowledge upon that fubje&, more precife and:accurate than any ordinary perfon can give them; and:certainly much more than this paper conveys: therefore, when this paper ftates by way of intelligence, to the -Execu- tive Directory of France, that the fyftem of borrowing ‘is’ at at'end,; that the Government has tried to raife a kind of forced loan,.which has failed; that every tax diminifhes that: reve- nte it -was intended to augment, and that the voluntary con- tributions! produce almoft nothing: “I fay that fuch' could ‘not: be any. {pecifie intelligence, to the Executive Directory of a0 France, ( 38 ) | Franee, which they had not, already obtained without. ic. ‘They knew from other fources, how far the fyftem of bor- rowing.-was at.an.end, how far a forced loan had. been. tried, and, how. far, contributions had fucceeded or not... The paper isi merely a comment upon facts, not a detailed {tatement of any thing {pecific, which fuch,Committee of England, might know, and which the enemy did not. . With refpect to the ftate of the kingdom, it is the fubje& you all know, of a fpeech publifhed in the. papers, fetting forth in detail, all the means and ways of the kingdom, all its refources, all the means by which a revenue is to be col- lected, and the application of it. . All:fuch intelligence could be got therefore from the public new({papers; and you. will not fuppofe, that the. Executive DireGory of France, would haye thanked any. body. for high founding comments or con- ¢lufions, without the difclofure of any one_fa@, which they did not know before... If this paper had.been intended. to be addrefled to the vulgar, to hold out general ideas to the. mob, to, captivate or delude the ordinary..clafs of people ;, then: it might be faid, this. generality will pafs.. There are well rounded. fentences; .calculated to, tickle the»ears of perfons who-do not inveftigate carre&ly, and who may be induced to act upon fuch materials... But that is not.the cafe with any Secret Committee, fending intelligence .to the Executive Di- rectory, fit. for their infpe€tion, and proper for them .to a& upon: they could only hope to make. the tranfmifs. valuable, to. make it an object of attention, by the communication of facts. not known to the .Direétory. before; by. putting. them in.poffeffion of facts material, for them to know, and. which, when difted and inveftigated, afford folid and. reafonable grounds for them to act upon.—The paper then flates: with refpect ifo, the contributions, that they have failed, that the poor ;workmen have been forced to contribute, under — the threat. of being turned, out of employ, that the, army have been called upon to give a portion of their pay. ta carry on the war, by far the greateft part have peremptorily refufed to contribute to fo bafe a purpofe; and the. few.that have complied, have.in general been cajoled) or reluctantly. com+ pelled : ( 38 ) pelled ¢o-it, ~Now I remark here, that the flate of the cons tributions of the kingdom, how much had been aétually col- leéted, what perfons had fubfcribed, in what part of the king- dom, by what clafs of men, workmen, manufacturers, army, navy, wich and poor, and: all defcriptions of men, with the exact fums they had actually fubfcribed, in every part of the kingdom, was matter of as much public notoriety as the public papers could make it in town and country : ‘upon this fubject. of the contributions, therefore, the Executive Direc: tory muft haveibeen poflefied of the moft accurate ‘intellis gence. My learned friend ftated as to this paper, that the falfity of it, aggravates its malignancy. I] infift the palpable falfity of sit; addrefled to thofe’who muft know the falfity, is decis five evidence, that it was not intended far their anfpection: Would not the Directory have felt themfelves infulted infkead of informed, difcouraged inftead of encouraged, if all the intelligence that could be fent to induce the inyafion: of the kingdom; was fuch as they knew to be bottomed im: falfe+ hood ? In that way, the argument feems to me to prefs. The Executive Directory muft have known that all ranks and defcriptions of men had freely and voluntarily contributed in aid of the war; and the declaration made in this paper, by the fuppofed Secret Committee of England, thatthe people of England had not fub{cribed, or that their motives were fo, and fo, could not have obtained credit for amoment. The fact fpoke the contrary; the French muft have known ‘that there were near two millions actually fub{cribed, andirecol- lecting that their own ragged fubferiptions amounted to ‘but a few hundreds, would they have conftdered this as proof that the people of England-were ready to receive:a foreign force? They muft have faid, why do you thus infult ‘us? This may do for the vulgar eye, but we know the fact of the actual amount-of the contributions, all. the perfons;;and all the circumftances connected with it.—It is matter of pub- lic notoriety. You come here pretending to deceiveius by ftating what-is notorioufly and obvioufly, tothe whole world, falfe. You come attempting: to impofe upon cour credulity. You (, 3205 )) Y otfuppofe that wei are fuch’dupes, as having) oureyes upon England for months) intending to- invade it,\ that) we'do. not. yet know ‘what’ is! the state-of the ! commerce? of | England, what is“the‘ftate of the-contributions, a’/fact known-to every péafant in France: Do you expect'to impofe°upomus: with. this abfurd paper to aid and‘direct ‘our decifion on the important meafure; whether we’ fhall or fhall not invade the kingdom of Great Britain ?\Nor is this all, “Gentlemen,. Dinfifty the paper is'upon the face of it fo abfurd “and: ridiculous, that it» could not impofe upon the credulity of any man living whoireads it throughout, for every fentence fhews the abfurdity ‘and folly of it. Mark the abfurdity of ‘the enfuing paflage, addreffed to men of common fenfe who are to read it)‘ The army and the navy; * the greateft part have peremptorily refufed to contribute to fo * bafe a purpofe, and'the few that have complied, have in gene- ‘ ral been cajoled or reluctantly compelled to it.2. What, with a majority againft it, compel the army to it! Who. compels them; ‘who can compel them''to a» meafure'to which they are not forced by law, to a meafure of pure volition?» How ab- furd, to reprefent ‘to'the Executive Directory of France, that although all the army andnavy, all the {trength and force ‘of the kingdom, are againft the ‘fubfcription, notwithftanding they are mot compelled by law to it, the few that have complied, have, in general, been’cajoled or reluctantly compelled to it. Gentlemen, that is fo impoffible that it carries upon the’ face of it.a plain, palpable contradiction, and if addreffed to men of common -fenfe, it muft inftantly have negatived)the af- fertion it’ contains. It could not be otherwife: it fpeaks ‘for: itfelf. -Invaplan.of voluntary ‘contribution fome | might concur as a teft of their patriotifm and. attachment 3: butit could not® be’matter of force’; nor could it’be‘believed to “be fo, by* thofe: who muft-have known how many: large:bodies 4 ofthe army and navy had contributed-A»mere general aflertion like this from any body, and:ftillmore from fuch’ a body as this, ftating fuch’ general, falle,sand “abfurd: intellise géhee. as this, could only have defeated itfel§ and ‘have pre=* vented any credit being paid to the paper or the bearers of it. But ( 3am. ) But Gentlemen, in what follows, there is. {till ftronger evi-, dence, that this, paper could not poflibly be intended; as is). _ fuggefted, for the; ufe of the Executive Directory of France. It is fuppofed that. it was fent for the purpofe of inviting the.,. Executive Dire&tory of France, to invade the kingdom ; and to have. been intended to furnifh, reafons why they ought to, invade it. I have already obferved, in part, on, what is ftated by way of inducement, to the Executive Directory of France; and how impoflible it was for it, in the leaft, to.operate upon the minds of any plain fenfible. men, examining, this. papers and acting with ordinary prudence upon. the fubject of it,-- , But, let us further fee, what is the encouragement held out by this paper.to the Executive Directory of France to invade . this kingdom.;, in fome part of. it; it is endeavoured. to, be reprefented that the people of England are waiting with anxiety to receive the Army of France upon the,Coaft.of England, to » co-operate with them.---Now other parts of the paper contain contradiGtions of that inducement, ‘fo plain andobyious, that. it could not but operate, upon any. intelligent mind, in.a way to . produce.the direétly oppofite impreflion... And fuppofing, for a, momenty,.that this paper had actually been addrefled-and carried to. the» Executive Direfory,. they would have faid this is plainly. a paper fent by your Government to us. to deceive us ; it cannot be fent by any fincere and real friends of ours.---It muft have appeared to be a mere trick practifed upon the Executive Diretory, to induce them to make an attempt which could not fucceed, fo. ill concealed that it. detects itfelf.--- For what does. it, tell the Executive Dire@tory. of France, upon fubje&ts on’ which they had as ample means. of informa- tion as the writer of the paper, namely, refpeéting the ftate of parties in this Kingdom ¢ . It plainly implies, in the firft place, that the writer of this paper, and whoever is concerned in it, conftitute a diftinG party, feparated and detached from all thofe generally diftinguifhed as the principal parties in the kingdom. I fhall hereafter have occafion to fhew how material this is for your confideration in every point of yiew.---You will obferve, it is quite clear, that xX the (322. ) thepaper is writtert by (ome perfonsyif- written for any public pur- pofe at all; hoftilétoall'the léadine-interefts inthe Kingdom, toall perfons of ‘any rank; allof any‘worth inthe Kingdom, all who have taken any part in’public meafures : and that itis more particularly: pointed againft thofé’ perfons: who have: taken the moft ative part inthe Oppofition;-as-it‘is called; in Parliament: It: plainly and ‘unequivocally points out to’ France—you'are'to underftand that we,the writers ofthis paper, are a diftin@ body, andtotally defpair of ‘having anyone leader of rank ‘or ‘confe- queneein'the kingdom we defpair of receiving any fwpport from thofe who have'taken the moft active partin the public affairs of the Kingdom: for, with refpect to them, we fairly and broadly tell you they are°all; toa man, »perfons who have mixed in the ranks of the people;—-there they will remain ; that not one of them:is worthy» of the -fmalleft degree of credit or confidence from! for they zo on to ftate—* but they have not aéed, ‘they have confidered é thettifelves as difting from the’ people, and the people will, , € in its turn, ‘confider their claims to its favour as unjuft and Me frivolous 3 3; they with, perhaps, to place us inthe front of the, . : battle, that unfupported by the wealth they enjoy, we may ¢ perith, ‘when they may hope to-rife upon our ruin,’—Mark, ‘throughout, jt is clear, that if the paper comes from any body ‘of men, it is from perfons in the loweft ranks and defcriptions ‘of life ; « they with, perhaps, to place us in the front of the “€ battle, that, unfupported by the wealth they enjoy, we may ‘t perifh, when ‘they’ may hope to rife: upon our ruin’ — “Gentlemen, ‘attend to this, © But'let them be told, though we © may fall through theircriminal negleé&t, they can never hope hofe rule, and ‘that Englifhmen, once free, will not fubmit to a, iG few political ‘impoitors.’—Here: you obferve plainly, there is 2 dire@t attack upon all thofe perfons, who had takem the “ moft decided afid open’ party upon any occafion, any where, ‘either. ‘in’ Parliament’ or out of Parliament, who had. any ‘ ‘where publicly avowed fentiments .moft favourable to the “friends of Democracy: all are indifcriminately given up; not one leader isto be found ‘amongft them ;:-not one «man j among them is deferving of confidence they are-.all fwept away in one < undiftinguifhed’ mafs. © They are all > political “impoffors 5 perfons unworthy of credit, and who-are plainly, held out by this paper, in the event of a Revolution taking place, as deferving tobe buried’in the general wreck and:ruin. —Nof, indeed; to bé left to the’ general fate’ of-others;. who have uniformly and openly declared their fentiments through- | out adverfe to Democracy, but they are‘to be particularly:no- “ficed as impoftors, men-who Had‘deluded the *people,:and:who, ‘therefore, in the event of any invafion of the Kingdom, would “be particularly marked out'#o the ‘vengeance both. of \the enemy and of ‘their country—and : particularly ‘of »all: the perfons, if there was any plurality of perfons, concerned in penning this idle, foolifh, ‘and malicious paper. Thefe will, I truft, appear weighty arguments, to fhow that ( 325 ) that the’ contents,efs this paper,).as applied, to an inyafion, would,” if it had been. delivered.to..the . Direétory., have ‘Jed France to defpair-inftead-of hope. = It.told: them plainly, that all ranks of people in this country, all the men of confequence, wealth, opulence;..and power-in it, aH. who had. taken. any part in the politics’ of it, .were hottile, to, them, and. hoftile to the fuppofed. purpofe of this paper.—--Is this encouragement to an enemy to invade the country. ?. How. would any ‘enlightened ‘mind reafon upon this? What would any, perfons, in France, who had -long been looking at this. country, - and who. had long known it intimately and accurately, conclude, on being told, that:allthe men of rank,.all the men of property, patties of all defcriptions are ‘united ;. that it is only amongft the loweft dregs of the community there can, be, any poffible hope. of fupport? Could that, be confidered as encouragement to .an ~enemy:? Does itnot decidedly intimate to them, give up your weak: and abandoned. proje& ? It is all over, you can never hope forfupport here; men of property and rank of all parties, are equally adverfe and hoftile to the meafure of an invafion. Is this calculated to. encourage, or dire&tly the reyerfe? I fay, ; thatif this paper had been delivered to the Executive Directory of France, they miuft. have reafoned thys upon it: You pre- tend-to holdout to us, in general terms, that you are friendly to:an invafion;-you ftate.conclufions of faét, about the con- ‘tributions: which we know. to. be falfe, and you ftate as a «motive to encourage us to invade the country, that all parties who: haves any property are againft us. A hope, that they might have fome leader, who was, friendly to an invafion, might. have afforded. fome. encouragement, but even this is negatived,—-Is it) pofsible that more difcouraging intelligence could be fent?: Muft not.the Directory have inftantly known, that in this great country, where property is, comparatively fpeaking,» fo. equally diftributed amongft all ranks of men, - that they would have, if they attempted to execute their wild project of an invafion,,to contend, not with one particular clafs:of-men, but with the united power that refults from the influence, the dependance and the attachment which property, thus diffufed, creates in this country.—Muft they not have 4 3 know: ( 326) known, that the inftant England is united in itfelf, the. inftant that all parties and defcriptions are united in determined hoftility to the enemy, not only they, but.all the world have known, that England, thus united, may bid defiance to the world ?*— That.it is in vain for an enemy to hope that when there is a union like this, proclaimed and declared by thofe who could haye, no. intereft in declaring it, if any fuch perfons exift, as this paper fuppofes, in this country, France muft confider in- vafion. asa forlorne hope: They are only to expect fupport from, perfons who poffefs no power, wealth, or confequence, andsto be oppofed by the men of property of all ranks and defcriptions throughout the Kingdom. Gentlemen, I mut entreat you not to mifunderftand the way, in which I point this. I do. not mean that the obferva- tions, made upon this paper, fhewing the folly of it, the con- traditions i it contains, the abfurdity. of its contents, are alone an anfwer to the charge. If it was, by other circumftances, decifiyely proved ,to rhe deftined to meet the eye of the Exe- cutive, Direétory of France, and actually to be delivered to them,..whatever may be the contents or effect of it; whether it would eflentially. tend to, encourage or to difcourage the in- vafions-—Yet, if it was intended to be fhewn to the Exe- cutive Dire&tory of France, in order for them to exercife their judgment. upon.it, although they would have drawn the con- clufions.I have pointed out, I'do not mean to argue that it would not be treafon to, carry it to them for this purpofe.— My. .argument is, that there being no pofitive evidence to prove that this paper was deftined for the eye of the Directory, no politive evidence that there was any Prey ious plot, any confpiracy, any body. of men affembled for the purpofe of com- municating with, or fending intelligence, to. France 3. there being .no evidence to prove that even an ordinary degree of caution was ufed with refpect to the paper, but every. attend- ant circumftance fhewing the negative :—under fuch circum- flances, the contents of the paper ought.to have great weight in, difproving the charge of its alledged deftination. “All tue circumftances taken together, the contents of the paper, the place where it was found, | the circumffances. attending on SENG ( \ 327° ¢y) the care.of it, the abfence of pofitive proof on ‘the part of the profecution, all fpeak, together, that, it muff have’ been’ an idle paper, not of the nature, nor intended for the’ purpofes charged in this indi€tinent. If this fhould ‘be your belief there is an end of the indigtment, for that is the point upon which the whole refts, T have aflumed, in what I have been now arguing, thatthe paper was actually, found-in,the pocket of the great coat, and that that greatcoat.didaCtually belong toMr, O’Coigly. If Thad been in any-refpect; difpofed to put, this cafe upon little circumftances, ‘T might have.gone into fome obferyations refpeéting the teftiv mony;that has been given upon that fubject—I might have obferved upon the manner in’ which the perfons conducted themfelves. with refpect to the finding this paper, and the inconfiftency in the teftimony given on the part of the Crown. Two.witnefles from Bow-ftreet have fpoken. of the finding it, anid the place where, they firft took it out of the pocket, which was, exprefsly, {tated by one of them, if not by both, not to be in the prefence of the prifoner ; but that it was actually, for the firft time, taken out of the great coat pocket in a room wherein the only perfons prefent were, the two Bow-ftreet officers and Mr. Twopeny, -the attorney. Mr, T’wopeny, the attorney, was called, and {wore the dire&t contrary. “He has pofitively fworn, that though che came after the prifoners were arrefted, yet he came into,the room where the great coat was, and-he a@tually faw the pocket-book taken out of the great-coat pocket in the prefence of the prifoners. Upon this fubject, therefore, there certainly is a direct’ contradics tion-between T'wopeny and the other witnefles examined on the part-of the Crown. Mr. Plumer was informed by the Court that he had miftaken the evidence-—-that their teftimany was uniform upon that cixcum/iance, Mr. Plumer. 1am thankful for the cortection—I was not going to lay any kind of -ftrefs upon it, but only ‘made the obfervation witha view to_a principle, ts truth of which is equally proyed by. another circumftance which occurred in the’ courfe of the evidence on another fubject. “You recollect Gent! emen, that a woman was examined for the seta se > ae identifying (09928) ) identifying. one .of the gentlemen, at the-bar; fhe gave her ;,.evidence pofitively and diftinctly at firft son being, afked 3 , which was. the .perfon that. cameto Canterbury.on, Sunday . night, fhe pointed out. Mr..O’Connor pofitively. to be the per- ...fon,., Afterwards fhe was defired to come up nearer:to him, © and again pointed him out, and) fwore.pofitively to the fact: but Mr. Garrow having mentioned. the name of. the perfon fo pointed .out,.to.be Mr. O’Connor, and the. witnefs. by that means, finding that fhe muft have made a miftake, inftantly corrected her.evidence, and fixed upon the Gentleman ftand- P ing next to,him;,and. it is notorious and admitted, that Mr. Binns, and.not. Mr, O’Connor, was the perfon. The evi- dence of this witnefs is, I know, ftruck out, and-will not be .dummed up to you; but I make the obfervation for, the pur- pofe.of fhewing with what, caution you ought to receive little circumftances, that are collected together. for the purpofe; of raifing a prefumption, and an inference of guilt. Another circumftance has been given upon evidence, which, _ Lprefume,_is, meant to be relied upon, and which. likewife .fhews how. extremely cautious you ought to be ‘in relying ., upon evidence, fuch as has been brought to day-;. colle@ing _. together little circumftances of probability and prefumption, to Pt preis again{t men to the extent of their lives. Papers have . been fpoken to. generally by perfons declaring their belief of _ their being. the hand-writing of the prifoner—a teflimony often given very. rafhly, even if not from perfons in’ the fuf- »picious fituation, to fay no worfe of him, of Mr..Dutton, but who. often. draw very rafh conclufions upon the. fubjeé of jhand-writing. .Papers are. by that means proved, and men made refponfible, to the extent of their lives, -by)a fingle wit- . nefs coming and faying, he-verily believes the paper to\be the hand-writing ofthe perfon under accufation. ..- A paper has been produced, fuppofed to. be’ a_letter. of Mr. 2» 0’Connor’s. . Mark, Gentlemen, the danger of relying upon »Gircumitances, proved by witnefles very frequently, who cer- tainly do not intend to mifreprefent the truth, who come bona fide to.declare what they believe to be true, but who. yet-give teflimony, too rafhly and peremptorily, upon a fubjeC-affetting 3 (329+) a man’s life.’ Such‘was the'eafe with Mr Lane) tipda whom Edo not meéai to'aft ‘any imputation; Mr. Lane’ whdoubtedly had good opportunities ‘of being converfant with the hand-writing of Mr. O’Connor’;’ he came’ here and ‘gave ‘evidence refpedting it, and I'do not ‘fufpect he intentionally meant’ to fay any ‘thing that was not'true.’ “All that T’mean to’ ftatée is’ the’ ex. treme danger, when men are’ upon’ trial for ‘their’ lives) of relying upon‘{uch fort of teRimony, even when given by men who are’the moft fairly difpofed, Here is‘a letter’ read againft ‘Mr. O’Connor as his letter; it is proved to be {0 by Mr. ‘Lane. Now, Gentlemen,‘ fuppofe that ‘this letter had bééa a letter of more moment than’ it ‘is.—It is ‘urged as one ¢ircum- flance againft Mr.’ O’Coiinor, conne&ting’ him with'’°Mr. O’Coigly.—Suppofe it had been’ a’ paper of {till moré’im- portance, the learned Judge,’ in’ fumming up that evidéhce to you, would have ftated this of courfe, as teftimony given againft Mr. O’Connor, ‘poffitively proving ‘it to ‘be his ‘hand- writing 3- and if Mr. O?Connor could not ‘have proved the reverfe (which it is extremely difficult to do, uniefs he happens to know whofe letter it is; in the cafe of a letter only figned by initials, and’ thofe not ‘eafily: made out,) what- muff have been the confequence. It would have been faid, Mr. O’Con- * nor only fays it is not his letter, but he does nat prove'that it is not his; and it is proved on the part of the’ profecution, that it is his—-you muft in that cafe have taken it into” your confideration as unconfradicted evidence againft~ him.—Sup- pofe ‘upon this paper, thus proved, you had’ brought in your verdict of guilty, and°had fentenced Mr. O’Connor to death. Gentlemén,: you would have been very foon in the ‘dif trefling fituation ftated by Lord Hale. Every one of you probably would have had ‘reafon’ to. recolle ‘with’ regret} to the lateft moment of “your ‘lives, the unfortunaté ‘véerdi@ you ‘Nhad*given,—This? letter was actually wtitten ‘by a iwitnefs, whom: DP will ‘cally and who will prove to you, that? it “was written without the leaft knowledge, without the Jeaft privity, of ‘Mr, ©’Connor, >What would "you Have felt if yoiihad convidted’ Mr. O’Connor upon fuch’a’ papér,’ in eonfequeéhce ofthe hand-writing being proved, by even'a refpectable wit- nefs, = ( 0330 )) refs, who {poke to the beft of his knowledge ai nd. belief. —It ‘this had been, prefled to. conneét Mr,.O’Connor with the paper in guettion, which it.is in-part, and this had more -pointedly conriedted him with it, what would you ,and the world have faid, if after, youthad pronounced your verdict, 2nd Mr, O’Connor had in confequence of that verdict fuftered death, the real-ftate of the fact which had not. been known at the time, had been afterwards accidentally difcovered, as in the cafe tated by Lord Hale, where, after, perfons had been executed, in three \inflances ada evidence appeared, mnegativing the ground, upon .which -they hadybeen , convicted. Hf it ‘hadi been siaaik ds difoovered «that, this. gentleman -had not been.in the kingdom at the time, but. was in Ireland, and therefore that it could not, poflibly have been-written by him, and this circumftance had formed an ingredient in your. mind to have conviéted Mr,-O’Connor, and .fentenced |hun ,to death, what would you.all have faid ? .what would the worldhave faid? ——The fame obfervations apply to the teftimony given. relpect- ing identity of perfon, if it had not been detected, .1n the in- ftance of the woman, who on her pofitive.oath pointed out Mr. O’Connor to be the man. who came to Canterbury on the Sunday night, which he unqueftonably. was not. You fee the extreme danger of relying upon this fort of evidence, and {till:more on prefumptions built upon it, and little circumftances tending to implicate a man in thofe foul crimes, the punifhment of which. is fo dreadful.and feyere, But, Gentlemen, I do not mean, to trouble ,you. with a‘ fur- ther detail of all the. minute circumftances that belong to. this part of the cafe. I vhave probably omitted many; but as far as refpedis this head of the fubject, I fhall. entirely leave it, with you; any defects of mine, and very many I am con{cious ,of,,_ will be well fupplied by the gentlemen who follow me, and {till more by the learned Judges, whoare ultimately to,fumup the -cafe. I fhall fubmit to you, upon this firft point, the -preof-of which muf{t.be made the foundation ofa verdigtof guilty againtt all, or-any of the prifoners, that.there is not.a fufficient ground eftablified. by -the :evidence, to induce a Jury to-pronounge, thay ( 231 4 that this paper, in whofever pofleflion it was found, and by whomfoever it was intended to be carried out of the kingdom, was certainly fent for the purpofe, and intended to be delivered to. the Executive Direétory,of France. There is no clear an nd pofitive evidence affirmatively to prove that firft propolition ; and I rely upon the contents of the paper, and ‘the circum- ftances under which it was found, as affording reafonable and fair evidence to the contrary. ‘Under thefe circumitances, f fubmit that it cannot but be admitted to be. matter of doubt at leaft, whether it. was fo, intended or not; and fuppofing it to be matter of doubt, it will not be denied that the jnevitable “confequence i is, thatit muft produce a a. verdict of acquittal ; be caufe you are not, in a doubtful cafe, to hazard a contrary yer- dict, which is to be attended with conieguences fo highly penal. Gentlemen, it.is however, neceflary, on behalf of one of the gentlemen for whom I appear, Mr. O’Connor, that I fhould de- tain you a very fhort time longer, to point out the circumftances | ahich relate perfonal lly to him, for the purpofe of fhewing t hat it is not, poflible he could have the defigi gn imputed to him, that he could have intended to be the bearer of this paper,..to. carry it to the Executive Dir rectory of France, for the purpofe of -in- viting the invafion of England. ‘To prove that be did fo, theye is not, on.the part of the Crown, .one fingle tittle of direct and potitive evidence ; | lay. Gentlemen, there is not, becaufe I do not confider the general evidence on the other part of the cafe, proving in him a purpofe, to go abroad, a pur pofe to go abroad in the company of others, a purpofe to go fecretly out of the kingdor m, which I have eens explained to have been done, with a view of avoiding the danger that prefled u upon him; this T do not confider as direct, certain evidence, pointedly ap- plying to. this part. of the cafe, or .as connecting him with the individual paper in quel ion, I’ am fure you will feel that .a hundred cales may be ftated, in which perions may form a a plan to go out of the kingdom together, and yet it by no means fol- lows that they are all going, after they have left the kingdom, to the fame place, or for the fame purpofe; a yariety of dif. ferent circumftances.i induce men to a change of country—-dan- 2 ger, ( 33% ) ger, diflike to the place ‘they are in, bufinefs, amufement, at tractions in the place to which they intend going 5 feveral per- fons may agree in wifhing to leave the country in which they are, without looking forward to the fame object, or intending ultimately ‘to confine themfelves' to the fame fpot. One man is ‘going to Holland, another to France, a’ third to Switzerland, a fourth to Italy, and fo ons all the party fplits ting and dividing the inftant they have got abroad, yet all wifh- ing to get out of the kingdom. Again, there may be four or more perfons'united ina plan of going out of the king¢om, each having his own motive for leaving it; one, for inftance, may be going for his health, an- other, for fear of his creditors ; a third, becaufe he apprehends that a charge may be made again{t him for any crime commit+ ted ; a fourth, merely for purpofes of amufement ; a fifth for ‘purpofés of public or private bufinefs. ‘They would «all: be united in an intention of going into parts beyond feas, and might all, for that purpofe, take a coachor veflel together, and “go abroad together. What then? Is it to be inferred, becaufe they leave the kingdom together, that they have all the fame motive, the fame place of deftination, the fame ultimate objec. “No, certainly, it concludes nothing with refpect to themotive “of each individual, proving only many to be going away in one company, and proving the intention of any individualvof the 7 company to be of a treafonable or other criminal nature, ‘or that he had committed any crime for which he was flying from the country, burglary, murder, or the like; that he’had been “éngazedin‘a duel, or done any thing elfe, the confequences of which were highly penal; proving, I fay, any of thefe'to be™ his reafon for going, does not prove that it is mine, .who go with him, or that-of any other perfon who happens ‘to be of the “company. Where, therefore, evidence is given of a perfonal and individual motive, it would be the rafheft conclufion inthe world to prefs that againft any more than the perfon whofe motive it is, merely becaufe they have'agreed to ga abroad with him, and are found-in’ company with him, ‘Fo a certain degree they may be faid to. be united.in defign, “Viz. in one Common’ with to go out of the kingdom, and they may (33g) may. be:.further united in the fame with, that their departure fhould: be: private, each-for a-different reafon ;. but what.is the motivesof one:isynot: the motive,of.another; whatis the motive of Mr;:O’Connior,) for inftance,, is not the motive of Leary his fervant ;; the mafter goes-for his own, bufinefs, the fervant to follow: his:mafter.. One gentleman goes out.of the country. be- caufe he has) taken part in the politics of another country, that makes it unfafe for him to remain. in it; another, may, be. in- fluenced by any other of the various motives I haye fuggefted. Apply this reafoning to the.prefent cafe—Four natives of Ire- Jand are found.going together out of this kingdom privately, and fo far they are-proved to be.connected together ; but.it does by: no means fairly and reafonably lead to the conclufion, that the motive.of one, if proved to. be. improper, .was the motive of the others.. Ido not mean.toftate that there may. not,be cir- cumftances to, connect them as.to,purpofe and, motive, but. I truft I have hewn, that merely connecting, them inthe purpofe of the voyage, or journey, is perfectly inconclufive as to the charge of a traitorous con{piracy. ..If there were fpecific proof that one of them was going to. France for the purpofe charged, yet his individual intent is not, ftanding alone, to be confidered as proper evidence of the motive, object, or, deftination of the reft; ftill- lefs,is it capable of being fo prefled in the cafe ofa treafonable act, fuch as the prefent.is fuppofed.to have been, which is-more naturally the.act of one.than of many, and where the evidence properly, fixes it upon one only, to the exclufien’ of the reft, A. paper)is found, under circumftances that properly confine. the refponfibility: for it folely,and perfonally to an individual <. 1 take it, ifthere is any propofition eftablifhed in the ufage of common life, itis that every,man.is alone refponfible for the {eontents of his.own pockets, If it were not, fo, ‘confider what — would be, the confequence! If any one could, be convicted of 4 crime, by-being made anfwerable for the contents of another /man’s pockets, no man could fafely go in company any where with another, and ; certainly, not, privately, without faying, Let. me firft examine your pockets; you muf let me fee the scontents of your coat, waiftcoat, and breeches pockets ; nay, to b> a to be netfec tly fafe, ie mult go farther, and fay, Strip ‘to your fhirt ; for if you have any thing about you any where,‘ T’do not know but I'may be made refantbte for if. Hé muft fée ‘ait the luggage of his fellow-traveller, and ranfack” every this belonging to him, before he could fafely go'out’of the kihgdom in his ‘company ;—for Mr. O’Connor was hanged at Maidftone, becaufé ‘he went in company with a man whofe pockets he had not examined: [f fuch 4 doctrine were to prevail, any'man who is in fufure going outof the kingdom with another, or travelling with him within the kingdom, muft ufe the precaution I have ffated, at the peril, if he does not, of beiag madé’ réfpénfible for the contents of the trunk’or other'package, the pockets and pocket-book of his companién. “This ‘can never be feri- oully ftated. Where any article is found’ in the pocket Of an- other, the proper inference is, if there be no evidence to carry it farther, that’ it is exclufive perfonal” poffeffion in him alone. It attaches individually and perfonally’on him, and ‘itis inhis fole poffeffion ; he ‘alone is to be called upon to explain it, he alone is to be refponfible for it; unlefs there be forte” offier evi- dence to maké any body elfe refponfible. It throws upon thofe who with to extend the refponfibility to others, the onus pro- bandi ; i prima facie, a‘paper {6 found excludes the idea of any participation and Co-operation in any other perfon’; I fay, prima” facie, it is to be confidered as not being in’ the pofleffion of any body elfe' than the individual in whofe pocket it was found, though certainly it‘may be ‘made “out other wife” by extrinfic circumftances. Let us fee, then, what other evidence théré is to rebut’ this prefumption, and to fhew that Mr. O’Connor was any way connééted with this paper. Tt might have been proved, that though the paper was found only in poffeffion of one, yet that the reft, and in particular Mr. O’Connor, had actually fech the paper, that he had read it, that he had compoted it, that it is in his hand-writing, that he had been in company when it“was “written, that it had been shes over to him. Is there any ‘evi- dénce of that fort?~ Has there been’a fingle witnels called to fuzgeft that Mr. O*Connor'’ ever faw it in his life till it was ‘produced in this Court? Ts there any the’ leaft evidence that he ever ( 3985) ever heard oft ity thattit? wasvever read*to him that irawas ever any part of if communicated to him’? Ig there’ the{malle# tittle of evidence,:on the part ‘of’ the profecution, to:this ek fet? Hereissall the ‘prefumption of the paper’s beloaiging 16 another, -and'proof of its béing im poflefiion of andther, -and not a tittle of pofitive evidence to“prove that Mr. O’Connor’eveér faw it, heardofuit,or hadever'the? contents of® it ‘ commurii cated to hint'inhis life’ Are’ you to’prefume this without, and adainf evidence?’ The graveft'and wifeft authorities have faid you-ought to‘paufe; inta edfe of/life, ever where thére is fore evidences to be cautious*how you adopt’ préfumptions again any mani | How; then, can! you venture*to prefuries without any evidence; that) Mr G’ Connor knew this paper was inthe pocket of Mr. -O’Coigly, and:that* he was antending to carry it-to the Executive Directory: of France? Itis impotible for Mr O’Connor to prove that he knew nothing of it? Though that -be true, ‘he cannot prove: ity becauféia) negative’ does not admit of proof. Ifthe charge were made againft anyone of you, who had unfortunately been in thé company- of thefe:perfons, going abroadowith them, -it would have-been impofible for you té give:politivesevidence to negative your connettion with the paper. You could only have faid, I never faw the’ paper, ne- ver heardofiittin my°life; L knew*nothing what this man had it his’ pocket=book oripreat-coat pocket : prove that I ever faw it,’ heard of it, or thatthe-contents ever were’ communicated tome. If the profecutordide not give fuch’proof, as he cer tainly has ‘notin this ‘cafe, you would ‘{urely think it unj juft to be-convicted' upon: prefumptions, without any proof: of ‘actual knowledge: What other evidencethas been adduced to ove Mr. Q” Con - not knew'of this'paper? Why, itiisfaidoMr: O’Connor was onéof this companys thatiafterche*was apprehended, he dita: vowed-his knowledge of anywof them ; that-he did not acknow- ledge the -baggage;:and-that he faid what? was not true with réfpedtsto the ideftinatiom of hisvoyage. L-have aly eady fated what, Derufty:you will confider-as ‘a fair and reafonable ground, foran indulgent confiniction ofwhat aman unguardediy:s fays in the momentiof alarm, oppreffed with the apprehenfion. o f bc 1 ( 336%) fent to paol, on {6 heavya charge as the prefent’; I traf you: . will think it ought not to be preffed further than to infer a con- , fcioufnefs in Mr. O’Connor that he was doing what he had'no right to do, which muft certainly be admitted to have been the fa&. He had not a right to go out of'the ‘kingdom. without a licence ; that will account why this gentleman did not condué himfelf with that candour and_prudence which he ought to have ufed, and the frank difclofure of every thing that belonged to the affair: He knew he was attempting what was forbiddén by Jaw, and from what he had endured in Ireland, he dreaded the danger of another imprifonment.. He was alarmed, and hadno friend to advife or direé&t him; he knew that fomeé of his com- panions were fufpected fugitives like himfelf ; but to infer, be caufe he acted in.the imprudent manner which has heen fhewn, in the difavowal of thofe companions, and the concealment of the deftination of his voyage, that he was concerned in, or knew the contents of this paper, feems to me to be a moft rath and unjuttifiable conclufion, It is further ftated that Mr. O’Connor did not acknowledge the baggage. Mr. Attorney General faid; What! not own baggage fo valuable---property fo confiderable ! What: can that be owing to but. guilt ? In the firft place, what reafon was there for Mr: O’Connor’s not acknowledging this baggage, when in this baggage there is not a fingle thing found to afford any proof againft him. All thefe clothes, the money, and other articles of confequence, that were found, why, it is afked, fhould not he‘own them? and you are defired to draw an inference from that circumftance, and impute guilt to him. But what is to be imputed/or in=< ferred’ from hence?) If you mean that it is a circurnftance’ to fhew his relu€tance to be identified in perfon, that isunegatived by the evidence, that the moment he came up:to' Bow-ftreet, upon being afked his name, he acknowledged it. With refpect, too, to his denial of his baggage, I do not obferve,; in the examination of Mr. O’Connor, given in evidence, he: does. defy it. He fays, the keys have been out of my polfeffion, things may have been put into it’ fince ‘it has been taken from: me, and therefore I do hot ‘choofe to be refponfible fort; and, On ( 3374) on the contrary; herdiftinétly claims the money, {tates that it is his; and he alfo.elaims: the property in the baggage. The fact, therefore, of a fuppofed: difclaimer, on his part, of the baggage, totally fails, andithe:inference, of courfe; with it. ‘Thenext circumftance relied upon: is a letter of Mr. O’Con nor’s; written to my Lord Edward Fitzgerald, which was founi in Leinfter-houfe,in the apartmentsof Lord. Edward Fitzgerald. You have heard it read; what does it prove? Why, Mr. At- torney General fays, that in this letter he indicates, with re- fpect to himfelf, an intention to go to Williams, which Wil- liams iss bythe cyphers he fays, made out to be France; and he likewife {peaks of getting Maxwell off; he talks of Nichol. fon.and -her-fet,-of the black terrier, and fo on; which-are evidently, fays the Attorney General, myfteries, not ‘meaning what. they appear.to mean, but having fome other meaning; What.then? why, fays he, itis incumbent upon Mr,:;O’Con- nor to explain them. Well, and if he does not, what then? Why then it remains a myftery, and becaufe it is a myftery it muft be treafon,--If it is not explained it is myftery, and all that isa myftery the profecutor has a right to fay is neceflarily treafon.. ‘Why fo, Gentlemen? Are you to follow thefe my-+ fterious interpretations, and to take upon yourfelves to. hazard a conviction, when you are left. in a ftate of myttery and doubt ?: Are. you to take for granted, that Nicholfon and: her fet muft mean fome other perfon, and then at random to inter- pret-whom in. particular the expreffion does mean? It does not appear who Maxwell is, therefore you are defired to cons clude it'muft mean O’Coigly, Is there any evidence to prove that he ever went by that name, or any circumftance to con neét him with it?, Mr. Attorney General fays, it is incumbent upon Mr, O’Connor to explain this. Give me leave, in the firft- place, to requeft the benefit of the obfervations made in the:beginning of my addrefs, that [am not on the part of a prifoner, charged with fo heavy a crinie, bound to explain at all,.oT have a right to maintain a fullén filence; to fay for him, I am-not guilty—it remains for you, the profecutor, to prove mefo: df:I-do-not explain.any letter or paper, it muft be left to fpeak for.itfelf.. If you-cany either -by-internal evidence of ZL its (2338 - ) its’ contents, or from other circumftances, explain it, and afcertain with certainty that the meaning is againft me, you are entitled'to the effec of it; but mere non-explanation, on the part of the accufed, is not a ground which can aid or fix the evidence given on the part of the profecution. The’prifo- ner’s' explanation might contradi@ it, but his ‘filence cannot help it. «Let me afk, too, whether it is reafonable, if Mr. ©’Connor gives no explanation of this letter to Lord Edward Fitzgerald, to conclude to the extent againft him,’ to which it has been prefled by Mr. Attorney General. Does this Jetter conftitiite any part of the charge againft Mr. O’Connor? Had he the leaft notice till yefterday that it was ‘to, be produced againft him? Had ‘he before the fmalleft idea of fuch a letter? and yet he is expected inftantly to be prepared, not only with an explanation, but with proof, in anfwer to it, for his own perfonal explanation is nothing. Is it reafonable, becaufe he is not able to explain the contents of a letter, which’ does not conftitute any part of the known charge againft him—becaufe he is not able, when furprized by the fudden production of a letter written’ toa gentleman in another kingdom, and plainly relating to perfons and things in ‘another kingdom—is it reafonable to ‘adopt the profecutor’s arbitrary, unproved interpretation, ‘and upon the’ ftrength of itto convict Mr. O’Connor? IL -infift it isnot reafonable. If ‘the profecutor had meant to prefs for a conviction upon this letter, it fhould, if poffible, have been introduced into the charge, or fome notice fhould have been given of it, and the explanation of it demanded. The profecutors have had it’in their ‘pofleffion from the time it was firft found in Leinfter ‘houfe'; they. have had opportunities, we have not had, to ex- plain. and) to prove all the circumftances belonging to “it. They long knew of this letter, I did not. Am IT then''to © have’ preffed againft’ me, that I give ‘no evidence to explain myitery, when they give no evidence to prove that that my- dtery has'the’ meaning which they’ put upon it? I fay, that if ‘the enquiry concerning this letter‘ends in myftery, it ends in doubt; and in a doubtful cafe you'certainly are not to adopt the meaning wafiiouos ra ( 339°)) meaning. which makes againft the accufed, jrather,than. that, which makes for him. ie | But with.refpect,to this letter, how does it in any, patt.con-,, nect Mr, O’Connor with the, paper found in. the great-coat pocket? \In that letter Mr. O’Connor is writing confidentially to Lord Edward Fitzgerald. Is there one word.of intimation that he is propofing, or coricerned in any plot. here, to invite an.invafion of England? that he is employing any perfon, for fuch a.purpofe, that he is himfelf to be the. bearer of any.in- telligence for fuch a purpofe, or, that he isto accompany; any perfon who is going. abroad for that , purpofe! .Canj any, fuch meaning be collected from this; letter? which, by.the)by, isa letter, without any date, and when.written ;,.and, what; it relates to is altogether left unexplained by the profecutor.;.. From. the way,.in. which this Maxwell.is mentioned, .it is_plain, he was not a perfon to accompany Mr. O’Connor, for the letter {peaks of, getting him. off. . 1 fay therefore, that throughout. this.Jet- ter, there is nothing in any, part of it that. neceffarily,.onj by fair. inference, conne&ts Mr. O’Connor. with the purpofe,.or manifefts the intent imputed, viz. that he was concerned ina plot. to, procure an invafion of England. Butthere-isafair inference to.be drawn. to the contrary, from the filence.of,the letter, on. that fubje@, though written. in confidence, inthe moft, undifguifed manner, to his friend, Lord Edward, Fitg- gerald. . You obferve that it relates altogether to meafures,4in Ireland, and refpe&ts another kingdom, and notthis... All that he fays in it, refpecting England, is nothing. more. thanthe common .obfervation of a gentleman refiding at the.time.in this country, and remarking upon. the ftate of it in general terms, as any, individual, cafually refident here, might, have . done to afriend in.another, kingdom... I contend, therefore, that as far as we can get at the contents and meaning of. this letter, there is nothing to prove Mr. Q’Connor ‘concerned. in any plot to, invade England, and that it throughout fhews, his mind was wholly. intent upon. the affairs of Ireland... It can never, therefore,. fairly, whatever ground. it..may- be faid to afford for any other imputation upon Mr..O’Connor, which is not the fubje&t to-day, it can never be fairly applied to, the Z 2 queftion (348 queftion now under confideration, viz. whether hé was con- cerned i in ‘carrying this paper to France, to invite an invafiori of England ; for throughout that letter there is not any one pallewe that intimates, or is expreflive of, any fuch intent. _ One paflage i in it has been much relied upon, wherein he fays he is going’ to Williams (which the profecutor fays is France), and that he means to be a@tive there. Now 7 will affume that Williams means France; what then? I mean to be attive there; active, how? What do you mean to do? Aétive in, public or in private bufinefg? “That is not faid. Oh, we rhuft therefore fuppofe it to be public bufinefs, and that public bufinefs you. muft infer to be treafonable bufinefs, and that treafon you muft conclude to be treafon directed againft Eng- Jand. Why? becaufe whenever a man flates that he is going to France, and intends to be active there, you muft neceflarily conclude he means to be active in a treafonable correfpondence againft England. Is not this {training the meaning of a fen- tence, which only imports fome intended activity, without fixing what? It might relate to bufinefs wholly private, to the private concerns of Lord Edward Fitzgerald, who had married a French lady, and might have a hundred concerns of # private nature, which Mr. O’Connor might have undertaken to tranfact for him there. It might relate to activity of any kind whatever; and unlefs it’ is proved to be activity of the nature ftated in the charge, all that you can make of it is, that it is left in doubt what it alludes to, and therefore you can form no Certain conclufion about it. Obferve, if a contrary reafon- ing were to prevail, what would be the effect with refpect ta the act, which prohibits any perfon going into France. If any man goes into France fecretly, he is hable, wnder that act, to fuffer fix months imprifonment, on béing convicted® of that mifdemeanor ; ; but if it is proved, befides going to France, he meant to be active there, then it is treafon; fo that act could Only apply ‘to a perfon who meant to do nothing when he got to France; and as to any man who meant to be active there, he muft intend treafon. Now no man would go out privately to Fiance without fome reafon for it, and therefore every fecret departure which, Under the act, ‘amounts only to a mifdemeanor, mult, ( 341) mutt, with che addition of amere intimation that he means SKE active, in fome thing or other, be converted ‘into High Trea- fon. I fubmit that no fuch inference can fairly arife againit Mr. O’Connor from that circumftance. Some obferyations have been made refpecting his drefs, his money, his. baggage, and all the more minute articles of pros perty, that are now fpread out before you, with a view, I {uppofe, to induce ftronger fufpicions in your. minds, of the euilt of Mr. Q’Connor; but how can fuch in any refpec& bear upon this part of the cafe That he was going abroad, clearly appears from his examination, and many other circumftances, and more than that, all this apparatus does not feem to. me to prove. With refpect to his taking with him abroad the money _thatis proved, why any NEE Se going to ftay for any time, would of courfe take money for that purpofe, It can- not.be fuppofed to be money for any other purpofe. It is not a fum that could be defigned for procuring aétive affiftance from abroad 5 nor is it pofsible to fuppofe, that Mr. O’Connor, a fugitive from his own country, and who had transferred away all his Property there, was in a dituation to go with pecuniary means of bribing, or corrupting, France, to take part in the invafion, of Tinigntevtine money was deftined for his own purpofes, while he continued abroad, during the diftractions of his country.—If this gentleman had been going in the pay of France, he did not want any money. I take for granted they would have paid fuch a convert to treafon pretty handfomely. It is plain he depended. upon himfelf, and therefore he took this money for his fupport. -, Gentlemen, excepting this, the only extrinfic cireumftances urged againft Mr. O’Connor are, that he is feenin company with Mr, .O’Coigly, before they fet off, dines with him at Mr. Bell’s, calls him by the name of Jones ; and afterwards fays that his name is O’Coigly ; upon that, I fhal] detain you but a few minutes, becaufe it feems to me, that thefe circum- ftances are already comprehended inthe general obfervations I have made. They merely tend to fhew, that he was induced to act towards Mr. O’Coigly, as Mr. Bell has ftated—that Mr, O’Coigly (who certainly ‘was in Ireland according to Z 3 the g ( 342 ) the. Letterthe :profecutor has produced, the ‘14th of January, 4798, and does not appear, by any evidence, to-have arrived here; till about ten days before he fet off ) had recently come from Ireland, and appeared, as Mr. Bell ftated; to be a new acquaintance.of Mr. O’Connor’s ; both intending to go abroad, they “agree to go together, and to take the means of conceal- ing this defign ; that is all that is proved by it; and: that ts perfectly confiftent with the cafe I have already ftated. Gentlémen, I fhall only juft obferve here, with refpe& to Mr. (O’Connor, that there'is not the leaft’ proof he had any previous acquaintance with one of the perfons, who is fup- pofed to be a co-Confpirator with him in this plot, I mean the prifoner of the name of Allen; you obferve there is no ‘proof of any previous knowledge; and the fact is, that he never faw Allen in his life, prior to their meeting in the Whitftable Hoy; and yet it is taken for granted, that he is willing to entruft his’ life in the hands of ‘this ftranger, of inferior fituation of life, and to be a confpirator with him, and his own fervant—He who had fuffered fo much from fuf- picions againft him in another Country, is fuppofed to be’ fo indifferent about. imprifonment, and. fo carelefs of life, as to truft -himfelf in the hands of this mifcellaneous party, upon an “embafly like this. Gentlemen; I will not detain you longer on this head.—I truft Ihave fhewn you, that there are no extrinfic circum- ftances adduced in proof, on the part of the profecutor, to bring this paper home'to Mr. O’Connor, or to render him refponfible “for'it, I have only now to obferve, what evidence is afforded “py the contents of the paper itfelf, as applied to’ this’ fubjec, "and in that I-fhall thew not only that they produce no: evi- “dence againft Mr: O’Connor, but the moft’ decifive negative * of any connexion with it, on the part of Mr. O’Connor. ; ~ Gentlemen upon this fubject, I hope I fhall only detain: you “avery few moments longer—I am extremely forry to have trefpafied upon your time, and that of their Lordfhips fo long. ve ‘only requeft your indulgence a very few minutes, while ~'Ypoitit ‘out, as material for your confideration, a paffage, I “have beforé “read from: this’ paper, tending’ to refle upon the ( 343) thé confidential friends of this Mr. O’Connor, who is charged to.be.concerned in. it.—Negatiyely I fay, that on the part of the profecution, theyhave not proved againft Mr. O’Connor, that he was connected.with the fuppofed author of the.paper, or, with. any fociety from whence it is fuppofed to have iflued: As far as any evidence goes, it is negatived by his nat be- longing,.to any fociety..at.all. Now,.Gentlemien,. if, prove to, you pofitively, .on the part of .Mr..O’Connor,. that he was connected moft clofely and. intimately with all.the. perfons, who are the fubject, of attack in this paper; and that there is all the evidence, the nature of thefubje& can admit, negatively, that he is not connected -with the party. who wrote. its it feems to me impoffible that .the contents of .any. paper can..more clearly evince in both ways, for the accufed, and againft the accufation.—W hen men read any paper, they generally, draw their inferences, with refpect tothe, author, from the ftile of the imputed author, if they are converfant with it ;—or from his habits and connec- tions, in life, they, judge how farit is probable he can be connected. with any particular campofition.—Judging by this criterion, could Mr, O’Connor have been the. author,. or in any.refpe& privy ta a paper of this fort now before you?’ Under the firft head, I fhall content myfelf with referring to the evidence, and obfervations before made, completely ne- gativing all connection with the fuppofed writers of this paper. Under the fecond, I. thall. prefently. call many of thofe Gen- tlemen. who.are the, principal. obje€ts of attack in this Paper, the gentlemen connegted with oppofition, whom it diftinguifhes as men who have deferted the caufe of liberty, and expofes as proper objects of .the vengeance, and refentment of invading ..France.. Gentlemen, I requeft of you te confider what was Mr. O’Connor’s fituation, and .reflect upon this, as if it were a bufinefs, of common ;life, and try, whether there is not the -moft convincing. proof.of smy. argument. If you will favour me with your attention for.a. very few moments, I think 1 Shall beable to fatisfy every, one of you, by the moft,decifive. criterions, fortunately for the vindication, of truth and inno- cence, -ever.occurring in a Court of Juftige; from the evidentia. beh rely (2344) vei, the. paper itfelf,, the moft:decifive proof to: negative! Mr. ©?Connor’s; being. the author~-of it, connected -withor-ap- proving. of it, upon every poffible hypothefis, that:dan -be adopted. Suppofe him-only. to poffefs the feelings of ‘a man, to have.a heart accefsible to the common’ motives. which go- yvern -human, nature..—Weigh every motive that can operate upon. the human.mind.—Suppofe him even to have been governed by interefted. motives; put it; that he. is the: bafeft .creature that .ever.exifted, that he is looking only -to his own good, advancement,, or.emolument, ‘in vany. way in which the: cafe can be viewed,.. 1 fay this paper prefents. the! moft decifive negative to the {uppofition, that any man‘in the circumftances of Mr. O’Connor, and acting upon any motive that can’ be fuggefted, could :poffibly. have been the author of it, or in-any Way -concerned, in it. Gentlemen, Mr,.O*Connor. had fmarted forely under the trod of adverfity—unqueftionably on account’ of his’ princi: ples, and, no.doubt, purely: and honeftly. ating upon them. Whether. thofe principles were, on were not, right, is not the .queftion now, but in confequence of them he had for- feited..and given up the deareft connetions he had in Tre. land ;, he. had refigned his feat.as a Member of Parliament, hecaufe his, political principles were not approved: of by/his noble. relation, who brought) him into Parliament, Lord Longueville... He had agted, therefore, at leaft a difinterefted, an open, and manly part, in the conduct, he had: obferved in his own counntry,.. He had: fuffered «a> clofe. ‘and dane gerous confinement. in a gaol for fix months: When libe- rated what had he. left—propertv.—They fay. he: had»tranf= ferred .it all.—-His natural relations and: connections.—From them, he) .was feparated;—from his native kingdom: he:was -compelled to become a. fugitive... What then, Ioafk, had he left? dear, intimate, and:affectionate friends.—They were all that his adverfe fortune had left -him. | . Gentlemen, they have remained: his friends shetivabens a the, period .of his »adverfity. They were not. velvet friends, with whom. mifery parts, the: flux of ‘company+=but fuch, as. sAPPTQNiNgs- loving, and-refpecting him, had sclung ' to fe (9945 7) to him ‘throughout all vhis: hard fufferings. ©° They ‘loved him: for his principles and virtues; “they “adinired him: for this talents:and abilities, and firmly adhered: to him through- out all ithe» adverfe: events‘of*his life. GoodvGod! Gentlemen, can» we fuppofe® a‘ than’ to be fo conitituted, to -have fo: little the» heart® and ‘feelings of a ‘man, as.toodefert ‘or betray his friends at‘’a ‘time when all amoft ftrongly feel their attachment, for it is in> the ‘hour ‘of adveriity'when the value of friends is moft warmly impreffed on the’ mind.” In profperity ‘their kind attentions do nat fo forcibly ‘affect the sheart.: © But when we are’expofed to‘the ftorms of adverfity—when the world frowns upon us, if a few faithful friends remain fteady around us, is there a man fo infenfible as ‘not‘to feel the: attachment: of fuch’ friends as not to love them, and cling to them! Gratitude, -fenfibility, tendernefs, \attachnment,! every motive muft. have’ -rivétted fuch friends to the feeling and generous mind of Mr: O’Cannor. He comes over to this country, lives with them in the‘utmoft antimacy and clefeft conneCtion; they are his bofom: friénds, the beloved friends:of his: life;°he has no other. ~ The profe- cutors have not proved that he had, and the dire@ negative is inproof, \oWhat now are: you: defired to conclude of Mr. ©’Connory:a man of talents, a man of a difirterefted-mind, ofa manly» fpirit, of an open) difpofition, who' ‘had’ always acted: with the «moft perfe&tfranknefs’ through’ thé “whole of -his’ public and private conduct, who had-tiever; in’ any in- ftance, difguifed the fentiments:of his heart ; that he fhould have livedswith thefe gentlemen; held, out the hand of friendfhip touthem, and received all: their obligations and their kind- -nefs, while; atthe fame «moment he was’ plotting a ‘bafé+ ai faffinationagainft them, marking them out’ as’ objects’ of deftruction ,and’ vengeance,yv'writing their death: warrant, -notat €%: defigaatad ‘tadem. ununquemque; crying out toa fe rocious and barbarous enemy, deftroy ‘all my triends and connections, ‘the only ones: have left; thefe are’ all my -bofom friends; » and: »adherents wham I love} they” have ferved;me;rand ‘loved me! dearly; they have. faithfully fidod -byome an) all: the, adverfities ef life, therefore deftroy- them to ( 340 ) toa man, fave not one, And why is:all this, Gentlemen? If. he were carrying intelligence to the enemy, and inviting them to jinvade the..country, could he, not be filent; wath refpect. to, thofe. friends? why need he. fo laborioufly . en- deavour to fecure their deftruction? for you muft fee, .gen- tlemen,¢that.the principal object of this paper, is to mark.out for .deftruction the. bofom, friends of Mr..O’Connor. What then can. you fuppofe, Mr..OQ’Connor to, be made of? Can you: believe, that with refpect. to. thofe who profe- cuted, | won’t fay perfecuted him, (though in his judgment he might think, fo of all who had. been. the authors. of his {ufferings), Can. you fuppofe he, is made.of {uch charity, that he is of fo forgiving and chriftian a fpirit, that of his enemies (as. we may.call them) he fays nota word; he -does, not point.them out as objects of refentment? . But, at the fame time, of fuch a. fiend-like: difpofition,) that he is to. implore the deftruction of all thofe who have ftood by him, .and who. have been. kind and affectionate to him?.Now, from what motive is,he fuppofed ta do this? [ have fhewn you that: this addrefs, informing the French that all the principal people of ..England were againft..them, was certainly..no encouragment,. nor could, any. man of» fenfe urge it. asa reafon for them. to. invade England.» What then could. in- duce.Mr. O’Connor: to go out. of his way.to point out his friends as objects of .refentment, as political impoftors, merely to weaken the argument he. is .fuppofed..to. be. enforcing. It muft be. mifchief for. mifchief’s fake, perfidy. for perfidy’s fake, pure unadultered ingratitude, bafenefs, and vilenefs..of heart... Gentlemen, I entreat. you .to confider the utter,, im- -probability of this charge. 1 fubmit .to your.better judg- ments whether the obfervations 1. haye made are not fairly deducible: from the contents’ of the paper in queftion, and whether ‘they. do not afford a. fair. reafonable) internal evi- dence, ftronger than ten thoufand witnefles, to negative. any poffible connection.of Mr, O’Connor with) it. Gentlemen, permit «me to; detain. you only for a, fingle moment longer, with an additional argument refulting, from the fame fource., “his Mr. O’Connor whom..you. are de- fired ( 347 ) fired to bélievé to’'be a bafe’ hearted man, one who ‘has no regard’ for his friends.’ ‘Whe characteriftic “is, “by all that know him, that~his mind poffefles the ‘truef ardor of friendfhip ; that ‘there never was aman more paffionately ‘ats tached’ or devoted to every friend he had. ‘He was on that account chofen as the objec of friendfhip, by men who could have no ‘poffible motive for fele&ing him as ‘fuch,’ but their knowledge of his worth—and they are not men to be eafily duped.” Their “enemies will admit that they have too much fagacity’ and. penetration «to be deceived in the charaGer of! a man with whom they were in the daily habit of affociating. if Mr. O’Connor ‘had’ really entertained the fentimenits con- tained inthis paper, it.could not havé remained unknown te thofe, ‘who’had the conftant opportunity of the mot’ confiden. tial’ intercourfe with him. And by what poffible ‘motive could thefe gentlemen be influenced in their friendthip for’ Mr. ‘©’Connor, but 2 conviétion’ of his deferts ?) They’ wete in curring a degree of odium in attaching themfelves to a per. fon who had ‘long been the objet’ of fufpicion and profecuz tion; yet did they ftill adhere to him, and afford the ftrongeft pofitive evidence; that they had never ‘feen hy thing’ throughout ‘Mr. O’Connor’s converfation, or condua, that ‘indicated the leaft deviation from the character of ‘a ‘true and - faithful stingy pofleffing on all fubjects; public and’pri “vate, fentiments congenial with their own. But, eek emen, fuppofe fora moment, that Mr. O’Connér has no regard for his friends, that, on the contrary, he’ is made of fuch fort of ftuff, that the more friendly any’ man ‘is to him, the more is fuch perfon the object of his vengeance and refentment; yet I prefume it will hardly be fuppofed that any man breathing is not a friend to himfelf, and on this ‘fuppofition fee whether the charge is not compleatly ne- gatived.—If Mr. O’Connor was his own friehd, I afk ‘whe- ‘ther it is poflible he could intend’ to ‘cait off all that ‘re- mained to him dear in’ life, in’ either country, only to ‘ef. fectuate his own difgrace and ruin? A man may, ‘by fomie fanciful ‘notions of public ‘principles, be induced to bétray his country, (though he can never be juftified in fo doing) but what ( 348 ) what can induce him to betray his private friendfhips.—Such conduct would make him an object of deteftation in every place throughout the civilized world—By what fuppofable motives could he be influenced to fuch treachery? Was it to gain in a foreign country friendfhip, emolument, or any of the objects that ambition might fuggeft to the mind? ‘Then at leaft.you would fuppofe the paper adapted to attain thofe purpofes ; but if you find that it is directly the reverfe—that it is calculated to overturn and blaft every fuch hope, furely this will furnifh an additional argument againft the privity of Mr. O’Connor. Is there any part of the paper calculated to conciliate any favour or attention from France towards Mr. O’Connor?—-Give me leave to obferve in the firft place, it profefles to be committed to the care of only one. individual. . It fays, * the citizen who now prefents this to “ you.’—Does not that import, that it is to be conveyed by one, and one only? That one alfo is ftated to have been the bearer of fomething before. Can this be fairly applied to more than the individual in whofe pocket it was found, if it prefles againft any body at all? Surely if Mr, O’Connor had. been bafe enough to become a participator in a bufinefs of this kind, he would at leaft have faid to his employers, make fome ho- nourable mention at leaft in this paper of me, who am going to rifk my. life, and caft off all my private and pub- lic connections and friends in this fervice—to facrifice, for your fake, every remaining hope in life. Let it contain fome teftimonial that may point me out to the notice of thefe new friends. Or,.if, Mr..O’Connor is not worthy, although there is a defcription of the individual who is to be the bearer of the paper, that there fhould be any mention in favor of bim in it, furely he would at leaft, have had intereft enough to have prevented any paflage being inferted, that would ope- rate againit him.—Now, was that the cafe with this paper, what would the French Executive Directory have faid to. Mr. Q’Con- nor. if he had brought this paper, and prefented it to them? Who are you,. Mr, O?Connor?, You defire us to invade England. What conneétions have you in England? To, whom do. you belong there? We know perfectly well who are your connections ; it is notorious who the gentlemen are in that C) 309) that country, with whom you have pafled the private and familiar habits of your life, and with whom you are united in the ftricteft intimacy and friendfhip. --Have you got any teftimonial of a connection ‘with any new fet of friends, or ih favour of thofe with whom you are known to have been hitherto conhected? Let’ us read your paper and fee what it fays of thefe friends of yours.—-Why, that they are all to a man political impoftors.”. Then what are you, nofcitur @ foctis. if they are political impoftors---fo are you---nay, we are the more convinced of it~becaufe you have fhewn your own private perfidy, by producing a letter to us, that tends to betray all your private friends, without difcrimination or exception. Do you pretend to tell us you have been em ployed to become the bearer of a paper of this nature, and that you could not get inferted in it even a dingle excep- tion in your favour, when all the gentlemen of a certain defcription, are in one general acens claufe comprehended; as perfons unworthy of confidence, and political impoftors. Did not thofe who fent you choofe to write in your be- half a fingle line of recommendation? We muft fuppofe the Executive Directory would have neceffarily condemned Mr. O’Connor; have pronounced him to be of the fame def cription as his friends, viz. adverfe to the caufe of France, and political impoftors. There could be no reafon for mu- tual attachment, they would have faid, between you~ and them, but becaufe your public and private principles were the fame, The paper you have brought, admits they aré our enemies.---You are the fame.--What would then have been the confequence to Mr. Connor? Ali that he would have got by his errand would have been, to have exchanged the Caftle of Dublin, for the Temple of France---there to have remained a degraded and miferable prifoner, without hope of redemption. He is then fappofed to have rifked his life, and caft off all his friends, to embark in a perilous and difgraceful bulinefs, with a double ftring to his bow, (if I’ may ufe the expreffion) doubly infuring his deftruc- tion, If he is difcovered by the Englifh Government, he is s tried, as a traitor, for his ci at Maiditone, for being the bearer C; 38@; ) bearer of this paper, and if he prefents it to the Executive Di- rectory, he is fhut up in a prifon, if not guillotined, in France, for the defcription it contains of the public principles of his confidential friends, and, confequently of himfelf, and con- demned, upon his own fhewing, as an enemy, inftead of a friend, of the caufe he profefled to fupport. Gentlemen, I will not trefpafs any longet.on your time— L,am perfuaded I need.not further urge the ,impoffibility,.of Mr. ©’Connor being the author of, or in any refpect privy to the paper in queftion, if it was defigned to be. delivered by any body to the Executive Directory .of France. I. beg. pardon for having detained, you and,the, Court-fo long, but I hope the great. importance. of, the occafion, will be accepted as my apology..—Y ou. are to, pronounce upon.this important cafe: I leaye it, thus ‘with you,, and: am) confident you will, give it a grave, folemn, and difpaflonate confidera- tion, laying afide every thing but the evidence; produced.in. the caufe, and the fair bearing of it. upon, the fubject..in).quef tion; and I have not the leaft doubt,. but the verdict you will give, will be that, which you. will remember with @mfort and. fatisfaction, to the Jateft hour, of your lives. ( 3 ) MR. GURNEY. May ‘it’pleafe your Lordfhip, : Gentlemen of the Jury, IT is now my duty to addrefs you on the part of the dé- fendant Mr. Binns, and notwithftanding the time ‘which has already been confumed in this great trial, 1 am fure it is not neceflary for me to apologize for trefpafling upen. your -pa- tience, when you recolle& that I ftand here: for the life and the honour of a fellow-fubject, to: anfwer a charge which feeks his death and infamy.—A charge, too, coming forward at a time, the moft perilous for a prifoner to meet it, ‘when the fituation of the country, when the alarms which have. pre- vailed, when the prejudices which have been created, when’the paffions of the people which have been generally inflamed, all eon- tribute to give force and effect to the profecution, and confe- quently to weigh down the perfon who ftands at the bar. accufed. Thefe are circumftances, Gentlemen, which might well deprefs and difmay even a firm mind ; in many cafes Iam frée to acknowledge they would deprefs mine. . But in this-I-am not deprefled, 1 am not difmayed, becaufe I am confident that I am the advocate of an innocent man, and I recollect that I am addrefling a Jury of my country. Gentlemen, it is not neceflary for me now to fay any thing to you on the enormity of the crime of High Treafon, with which the prifoner at the bar ftands charged—it is confefledly the moft heinows and the moft atrocious crime that can be committed by man : and, Gentlemen, in proportion to the atro- city of that crime, your own minds and your own hearts will tell you, ought to. be the clearnefs and the ftrength of the evi- dence. That which yourown minds and your own hearts muft tell you, is likewife told you by repeated acts of parliament, which have fucceeded each other in a long feries of ages, and which have provided for a perfon accufed of High Treafon, means of defence that are not given to a perfon accufed of any other crime known to the law of this country. There arg peculiar advantages given. He is allowed. to have counfel to conduct ( 382 5 eénduét his defence both as to matter of law and of fact—he is allowed a copy of the pannel of the jury—he is allowed a lift of the witnefles againft him—and inafmuch as the crime with which he ftands charged, is that which exifts in the heart of him who commits it, the overt-aéts, by which his fecret intentions are fiippofed to be manifefted, muft be ftated in the indi@ment; and unlefs they are proved; and proved in a manner I will ftate to you, a Jury cannot pro- nounce a verdict of guilty. Tn addition to all this, Gentlemen, fuppofing you fhould be conviiiced by the evidence of any one man, the moft refpect- able upon earth, that the prifoners were guilty of High Trea- fon, yet that evidence would be infufficient in a court of law, becaufe of fuch importance has the legiflature thought it to protec perfons who are accufed of this crime, that there muft be two witnefles, either both of them to the fame overt- act, or one of them to one overt-a&, and the other to another overt-aéct of the fame f{pecies-of Treafon, “The means ing of which is, if there fhould appear before’you one witnefs to prove an overt-aét of compafling the King’s death, and anos ther witnefs to prove an overt act of adhering to the King’s enemies, that would not be fufficient, becaufe they are two diftin& and different fpecies of Treafon, and by law both the witneffes muft be to overtzacts of the fame fpecies of Treafon. Gentlemen, thefe acts of parliament giving prifoners in cafes of High Treafon privileges of this nature and extent, were not enacted without the moft imperious neceffity for enacting them. Times have been when coufts of juftice (which I need not fay were a difgrace to the name of courts of juftice) have been made the means and inftruments of judicial murders; for no other name do fome of thofe tran/aétions in pafk ages which bear the title of trials deferve, than judicial murders, when the law was tortured for the purpofes of oppreflion, and when Juries, influenced either by the authority of the profe- cutors, by the circumftances of the times, or their own pats fiens and prejudices, fhed the blood of 1 innocence. , “Gentlemen, fuch being the law of High Treafon, fuch.the enormity: of the-crime, fuch the ftrength of -proof which is Ye-= (: 353%) réquifité, iet-us come to the confideration’ of the cafe which: is now before you. «And what is the character which is given of this cafe by the Attorriey General ?. The Attorney General in his opening faid to you, with 4 ferioufnefs and folemnity well becoming the occafion; that he fhould make out fuch a cafe againft the prifonérs at the bar, that he thought it was not within the compals of poffibility for them to give fuch an: anfwer to it; as to entitle them to a verdict of acquittal... Gen- tlemen, that language may be fomewhat new to you, but it is not néw to me. I have heard the fame kind of language, from the fame learned gentleman, delivered in the fame folemn manner: more than once,’ or twice, or thrice, orevén four times ; but- Fnever yet knew that Jury, in a cafe of High Treafon, who at the'conclufion of the caufe coincided with him in judgment. Therefore, Gentlemen, you will not take it as any thing like a matter of courfe, that becaufe a gentleman of his high rank, refpectable character, and great talents, is very ferioufly cons vinced-that he has an unanfwerable and irrefiftible cafe, that therefore his cafe is of that defcription ; becaufe this is the fixth cafe of High Treafon that-has occurred within the laft four years, and- upon’all the five former, although he was- equally confident, yet in every*cafe the Jury felt no difficulty in-being ofa contrary opinion. Gentlemen, what -is the outline of the cafe on the part of the profecution! The charge is, that the five perfons at‘ the bar were engaged in a’'treafonable confpiracy, and that the object of that'confpiracy was to carry a paper to’the Executive Dire&tory of France, the fubftance of which is ftated in the indictment, and-ts the main overt-aét relied upon—-a paper to communicate intelligence’ and information to the Executive Direétory of France, to enable them with more probability of fuccefs; to effect the invafion of this country. Gentlemen, you shave heard from the’ learned gentleman who-has addreffed: you on the part of Mr. O’Coigly and* Mr. O’Connor, a great deal of moft important obfervation on the improbability and‘abfurdity of that charge: In the firft- place it is demonftrated, «that there was not that~ connéGion” ee betweenallthe ‘five perfons ‘who ftand “at” the bar, Aa which (° 354° ) which can imprefs upon you any reafonable belief that. they could repofe fuch a degree of confidence, in each, other, in a ‘cafe in which the. life of every. one.of them was at ftake. Good men do. not affociate for good purpofes without fome knowledge of each other ; never, did the cafe yet occur of bad men confpiring for criminal, purpofes, efpecially purpofes. the moft criminal, and attended with the greateft danger, without the completeft knowledge of each other, and the firmeft con- fidence in eachother. ‘Therefore as far as that obfervation applies to any of the prifoners who did not know each other antecedently, and.to fome of them, efpecially to Mr. Binns, it applies. moft forcibly, it abfolutely deftroys the fundamental principle upon which the profecution is founded; namely, that all the five prifoners were engaged in the treafonable con- {piracy which is the fubjeét of the indictment, ‘Che improbability of five perfons being engaged in fuch a treafonable confpiracy as this is charged to be, appears more and more glaring the more clofely you examine it. If, it were in the contemplation of any bad and wicked man in this coun- try to fend a paper of this fort to the, Executive Directory of France, is it to, be believed that he would not take fome rea- fonable precaution as to the manner in which he would fend it? If he wanted fecrecy, would he. prefer five men to.one? fs it. that, which one man could not do? Jt is a fingle. paper, of no weight, of no bulk ; to the carriage of which one man was fully equal. Surely then that was an infinitely more. eligible method of accomplifhing the wicked purpofe, which is fuppofed to, have exifted in the mind of fome man or other, than the mode now fuggefted, In reply to this, | know, it will be faid that there is always a. certain mixture. of folly, in every crime, and that you muft.negative the exiftence of all crime, of you difbelieve a charge of. crime, becaufe you find it, accompanied with folly. Undoubtedly, gentlemen, there always is fome mixture of folly with crime, becaufe it is as foolifh as it is wicked. for a man to be guilty. of it; but where you. find crime, you find that degree. of cau- tion and warinefs which .is adapted, or at leaft defigneds. to protest, both the author and the inftrument from .fure and 7 C 35) . dnd certain’ detection, “and from fire and ‘certain punifhment: Tt has'already been obferved by the learned gentleman, who preceded me, and I fcartely need repeat it, ‘that’ if‘ any thing is to be gathered from the contents of the paper,’ aid when one part of them is made ufe of as evidénce againft Us; furely We are intitled to‘avail ourfelves of any part which’ af fords a prefumption in our favour, the paper fpeaks of but oné perfon as the bearer, and it has not the leaft relation or ‘refes rence to moré than one. Upon former’ o¢cafions, when the eonveyance of papers was made the fubject of charge againft two perfons, it was confidered by the Judges who tried thofé cafes, that it was moft important evidencé againft thofe two, that two perfons were mentioned in the papers which were found in the cuftody of one. ; Gentlemen, the fame degree of caution which you. may naturally expect from the author of the criminal purpofe, you muft expe& from the agent, who is confcious of the criminal purpofe he is executing, See how that agrees with this cafe— Thefe five defendants are apprehended at Margate. \ All their baggage is feized. You find fome things very carefully packed lip: you find the money packed up ina very excellent box, evidently made for the purpofé of containing money. You find the greateft degree of care taken of thofe things which are the moft material ; but where do you find the treafonable paper ? Where do you find that which is the ground and foundation-of _ the whole of this profecution? Where do you find that papet which thefe five men are fuppofed to have eonfpired to carry to the Executive Directory of France? Concealed about their perfons?’ No.--+CGoncealed in any part of their bageage--2 within a falfe bottom of a trunk, of any thing of that fort * No---nothing of ‘that fort---Not on their perfons, not in their baggage, although ‘their baggage afforded means of conceal- ment, but in a pocket of a great coat, hanging upon the back of a chair; in 4 room, into which feveral perfons, who are not here, had gone in and out before the coat was brought down’ ftairs, and, as the witnefles fay, the paper taken out: there= fore you find that, which ‘eannot be attributed to the folly which is ever mixed with crime, but that which abfolutely de- Ae a2 monitrates, 5 ( 366 ) monftrates, that all the perfons who now. ftand.at the, bar, and more. efpecially Mr. Binns, for, whom. alone.] .am, Counfel; were uncon{cious of the exiltence. of a paper, of that..im- portance. . Otherwife a paper of that importance, upon. which they, muft know all their lives depended,. they.would-not| have fuffered to be there, where a waiter coming in. might. have taken, it out, the confequence.of which. would be, they would find themfelves the next day in gaol, and foon, afterwards, on their. trial for High T'reafon. Another obfervation upon the improbability.of this charge of treafonable confpiracy, is, that/there is no other-paper. found on the. perfon of any. one, of the prifoners, which, at, all correbo- rates that which is the, foundation of the charge... It is more efpecially my duty to remind you, that no paper was'found-on Mr. Binns, which can give. the. leaft. countenance. to, that paper. Now, Gentlemen, is-there a, pretence. for faying, that-you have not.the whole cafe before you? The Crown, have given you every {crap of paper that was in the pockets. of every one of them, even of the moft, private nature, fo. that you mut perceive clearly from,all the evidence.you,have heard, that,their apprehenfion muft have, been unexpected to themfelves;.and, therefore, no preparation was made for it by the deftruGtion of any, paper. whatever, Another obfervation I. am intitled.to, make. Since the.ap- prehenfion of thefe, defendants, the Habeas Corpus. AG» has been. fufpended, and a vaft.number of perfons have been appre- hended, upon.whom bufy, meddling rumour has fixed.a.con- cern, in correfponding, with the enemy. Yet, there is not-.a tittle. of evidence before you, either. that; there does exifts.or that.there ever did exiit,fuch a body as this paper, purports-to come from.. It purports tobe. an, addrefs from ‘ the Secret ‘ Committee of England to the. Executive DireQory..of © France”. That defect. of proof,, therefore, fortifies. the, eb- fervations which: have been fo forcibly. made.to.you by Mr, Plumer, on.the improbability, and -abfurdity. of the, whole, of this charge. - 1 come now,, Gentlemen, to the evidnee,.as it applies more t | i ne parti- woae ( 957 /)) particularly ‘tomy Client, Mr. Binns. Tt is tated to you, and there’is-evidence to ‘confirm the ftatement, that Mr; Binns 1%. London, went to Gravefend, from thence'to Rochefter, Cant terbury, ‘and Whiftable, where he negociatéd for the hiré’of"4 veffel; that then he went back to Canterbury, and afterwards to Deal, where he entered into another negociation for the hire of a veflel, to’ take fome perfons to Flufhing or td France’ This is the outline of the cafe avainft Mr. Binns, and'T do not feel myfelf called upon to encounter thefe witneffes, by calling witnefies to contradi&t them. But in this’ cafe, the queftion you-are to confider is, not whether Mr. Binns'is, or not guilty of a mifdemeanor, but whether he is guilty of Hich Lreafon: for that very act of parliamént, upon which the aft count in the indiétment is founded, makes it an offence’ punifhable with fix months imprifonment to go to France, or ‘even to go on board a fhip, with an intention to repair to France without 4 licence. I intreat you, Gentlemen, throughout the whole of this trial, to keep that conftantly in your mind, becaufe you will find, that that is the clue which will enable you to uht ravel that concealment, artifice, and myftery, which was né. ceflarily reforted to by the defendants, and which is attempted on the part of the crown to be perverted into evidence of High T reafon. ai I do not affe& to deny that Mr. Binns was confeious He Was committing an offence againft the laws of ‘his country} ih hiring a veflel for perfons to go to Holland, or to Francé, without a licence, but I beg you to ‘confider what fort of ah offence it is-not malum in fe, not criminal in itfelf, but'an’ o£. fence merely becaufe an a& of parliament has made it an’ 6f& fence. If that aé did not exift, if would be no offencé For 4 man to go to France, but the aét has forbidden it, ‘and, there. fore, it is an offence—not a moral offence,’ but an offence created by act of parliament. When men aré confcidiis they are committing an offence againft the law, undoubtedly’ they ufe fome concealment and myftery to prevent their defion’ be- ing difeovered, becaufe punifhment follows difcoveéry ;°and you will not wonder therefore, that Mr. Binns being engaged to'hire a veflel for Mr. O’ Connor to’ take “him tothe ‘contis nent, fhould affume another name rather than “his own, be Aag3 caufe ( g58 ) caufe he'thought his own .would. make, him liable to, obferva- tion in confequence. of his having been tried at Warwick af- fizes, for fedition,.although he had been acquitted... “This is nota reafon, fuggefted now for the firft time for the purpofe.of defence. . For.the witnefs (Mahoney I think), has.told you, that Mr. Binns, at the time he informed him of his, real name, affigned that reafom for afluming the name. of Williams. A circumftance was very much relied upon by the Attorney- general in his opening, that when the men at Whitftable urged the danger of being delayed at Flufhing on account of the em- bargo,. Mr. Binns faid there was no danger. of that fort, the veflel would come back foon, almoft direGtly 5 and fo certain was he of it, that he was ready to depofit Zool. to, forfeit 1001, a month if the veflel fhould be delayed... You have fome evi- dence undoubtedly of a negociation of that defcription,, butt appeal.to you whether it is. atall furprizing when a manis fet upon a favourite object, that he fhould fay that which he thinks will remove the obftacles raifed by the perfons with whom he is treating., Is it not done every day; by every.man who hears me ?, What was the obftacle raifed? the detention of the veffel. ‘Lhe.idea that it. would not be.detained, was therefore necef- fary, to be in nprefled upon them, in order to fucceed in the, ob- je of his miffion,..1 might remark here, that the. witnefles who related this converfation, differed materially.in the words which Mr. Binns is fuppofed to have made ufe of, But it is of little confequence, when you find that he only faid that which was moft likely to contribute to. his purpofe, by remov- ing the obftacle that had been put in his way. What is there in this. or any, other, part of, Mr, Binnsls conduct, which proves that he was engaged ina traiterous des fign? What is there that proves him, to, have had any know- ledge of that paper, which is faid to have_been in the. great coat pocket of Mr, O’Coigly? The Attorney-General felt that it was neceflary for him to prove’a clofe connection between Mr, Binns and Mr. O’Coigly, as a means of proving further the conneCtion between Mr. Binns and that paper;andthe means by whichhe attempted to prove that was, thata French paffport of Mr. O’Coigly’s was found in a box belonging to.Mr, Binns, Noevidence of that fort has been given, no evidence has been laid eee as Se oan ay : 39 49 laid before you'to fhew where that ‘paffport, ‘which’ has been rat wasfound. If the faG@ were proved as it was opened, the prefumption would be’ but feeble, becaufe’ a paper’ ‘which has formerly belonged to one perfon may, as a matter of ‘curiofity, be in the poffeflion’ of another, ‘without proving fuch a’ clofe and intimate conne¢tion as muft be proved, in order to lay any foundation for the belief of the exiftence of a treafonable’ con- fpiracy between them: yet, ‘even that préfumption’ fails “the profecutors, becaufe there is not a fhadow of evidence to’ fub= ftantiate that part of the opening of ‘the Attorney-general. Then, Gentlemen, what is there in this evidence azainit Mr. Binns which at all’ connects him with that paper upon which all the overt-aéts depend? two or three of the overt- aGis in the indi€tment, namely, the treaties for veffels’ ‘at Whitftable and at Deal, which are proved upon him, are acts indifferent in themfelves, at leaft indifferent as to the charge of high treafon. “They muft be made by the Crown to receive their criminal complexion, colour, and nature, from the paper which is faid to have been found in the great coat pocket. You will never forget, IT am fure, that the whole charge is founded in that paper, for if that paper did not exift, no charge could exit ; and unlefs they are able to make out to you that the purpofe of each and every one of the prifoners, was to convey that paper tothe Executive Direftory of France, fo far as they fail in proving any conneétion with the paper, fo far they fail in proving their indictment. : P Why then, Gentlemen, what fort of evidence is there, that Mr. Binns knew any thing of this paper? Is it’ proved ‘that there ‘was any conneétion between Mr. O’Coigly ‘and and’Mr. Binns relating to this journey before the commencement of the journey ? There is not a tittle of proof. ‘The ‘utmoft’ extent of the evidence’ to fhew that they had ever feefi each other be: fore they ‘mét at the King’s Head at Margate i is, thatthe} “Aad lodged’in the fame honfe.° “There is nothing of intimacy ‘or con- nection, or-even acquaintance “proved to have exifted, bidvh léfs of confultation, or employment, or agency "with réefpee to this journey.’ “The evidence which ‘is to fix'on Mr: Binns’a knowledge of this agg and a criminal ‘participation “in’ the A a4 . purpofe { 360 ) purpofe of'conveying it to the Executive Directory, falls fhort “even of proving any conne&tion between him and the perfon whom the profecutors charge with being the actual andper- fonal bearer of it. Then if Mr. Binns does go to one place and to another for ~ the purpofe of engaging a veflel to go over to France, yet if you find that all his condué is clearly referrible ta one confide- ration, namely, to that of his confcioufnefs, that he was do~ “yng an a€t, which if deteted, would fhut him up within the walls of a prifon for fix months; when you find it referable to that which is the fmaller fpecies of offence, can you perfuade yourfelves to mount to the higheft fpecies of crime, without di- reat, manifeft, demonftrable evidence, to convince you that he muft have known of the exiftence of that paper, and that he muit have been a party to a confpiracy to convey that paper to the Executive Directory of France, and confequently, that he is a man who has either compafled the king’s death, or adhered to the king’s enemies, or compaffed the invafion of this realm by foreigners and ftrangers? This is a cafe which, of all others, requires the moft plain, dire&t, and manifeft proof, and you are called upon not on that plain and manifeft proof, but on proof of conduct, which is referable to another motive in every part of it, to infer and to conclude from that, that he was guilty of the higheft fpecies of offence of which man can be guilty. Why, Gentlemen, this is not to be a trial of fkill between the counfel for the Crown, and the counfel for the prifoners, which is the acuteft reafoner, which is the) ableft, logician, which is the moft ingenious fophift. God forbid, that fuch a conteft fhould be raifed in a cafe of High Treafon. . It is not whether the counfel on ‘one fide is able to {tate an inference more probable than the counfel on the other fide, but whether the counfel for the Crown, who are profecutors ‘here, “have laid before you fuch clear, direct, and manifeft: evidence, that you have nota fhadow of doubt in your minds, but ‘that all the conduct of Mr. Binns in this matter is referable toHigh Treafon, and can be referred to nothing elfe, For if it becomes a matter of the fmalleft doubt in your minds, whether the con. dubt of Mr, Binns is to be referred to a traiterous purpofe, or to | the { eget ~) the purpofe for which I contend, namely,. that.of procuring a veflel for perfons to, go,to Holland or France, without.a li- cence, itis your,bounden duty to pronounce.a verdict of ac- quittal. Gentlemen, there is. but.one cafe that-immediately prefles upon my. mind of any former trial for, High. Treafon, which bears any, clofe analogy to the prefent cafe; jand undoubtedly the.evidence,, upon which two perfons were convicted in that ~eafe, cannot be mentioned at the fame) time with the evidence which. is now, before you, unlefs. it be: to contraft. the weak- nefs-of this with the ftrength of that. That was the cafe, in the year 1690, of Lord, Prefton and Mr, Afhton,. who were indigted of, .compafling the death of King William and Queen Mary.» Phey,.were seal concealed in the hold of a veflel, in\the very act-of paffing over. into France to conyey etters and-intelligence to King James de Second, who you know had been but lately dethroned. Upon the perfon of Mr. Afhton: were found.letters from various perfons in this country to King: James, conftituting unqueftionably a treafonable cor- refpondence.,.. The guilty knowledge of their contents. was fixed. on Mr, Afhton by his.being feen to.conceal them in his bofem,. by his denying.the poflefiion of them, and by his urgent folicitations.to, Captain Billop, who had apprehended them, to deftroy the papers: added to which, the papers themfelves fpoke of more than one perfon to be concerned in conyeying them. The knowledge of Lord Prefton was proved by two feals of his lying along with the papers when they were taken up by. Mr, Afhten and concealed.in his bofom, by a paper er two contained in the pacquet being in his. hand-wuiting,. by one of the letters mentioning a: Lord as the bearer, and by his joining with Mr. Afhton in urging Captain Billop to deftroy the pacquet. ‘Thefe two. cafes. go infinitely beyond the preient,in, ftrength of proof, but I ei particularly call Tai att their companion Mr. Elliott, who was, indicted, with. them. He was found in the fame place of oa pa and he. joined with, Lord, Prefton. and Mr... Athton, in. intreating,.Captain Billop. to .deftroy the papers, He repeated: thofe intreaties again ention.to.that of See ( Be) agaitandiabainowith preat earneftnefs,’ and with offers! of “re- pard!s by whichche furelyevinced fome ‘knowledge of ‘their haturev and teadency.’ Yet becaufe there was rio plain® and directxevidence to connect: him with the papers,‘ the Attorney Geherak of: thatvtime never ventured ‘even to put him on his trialsuandiyet thatiwas a \period‘of great anxiety and of confi- derablesalarm 3.\it was only fifteen months-after the Revolution, whenmo:man:doubted-the exiftence of-plots'and confpiracies to ‘nefioré:King James;-and when‘ it was a point of infinite’ confe- “‘quenceto the then exiftine Governnient to fupprefs them, and ‘tosmake!fevere examples of thofe confpirators “who fhould be detected: Compare this cafe of ‘Mri Biliott who ‘was ‘not tried, with ‘thatof. Mr. Binns who now ftands upon his trial.’ What evi- dence have you that Mr. Binns ever faw that paper which is ‘madeithe:ground of charge’ againft him? What ‘confcioufhefs of a Knowledge of its exiftence has he ever betrayed? Can you be induced to-conclude that he did know of it, and that he was “a party to a confpiracy to convey it'to the Executive Directory of France, from his converfation when treating for the veflel, endeavouring to remove the objection of the danger of its de- tention, in giving them hopes of its fpeedy return, and from the difguife hi put on in afluming another name than his own, when you find that all this was’ natural, ‘confiftent’ and proba- ble conduct for'’a man who was'confcious he was committing a mifdemeanor? Gentlemen, Ido think it would be a moft dreadful prece~ dent in a cafe of High Treafon, for a Jury, where condu@ may be imputed to either of two motives, ‘to fay it fhall be imputed abfolutely to that motive which is the moft guilty--efpecially in a cafe qwhere'the charge is “founded upon a fuppofed know- ledge of a paper, and a concern in carrying that paper ‘to the Executive Directory of France—where there is not 4 fha- dow-of proof that Mr. Binns ever faw the paper; and where,’ {ubfequent to:his.apprehenfion, no -witnefs is brought to prove any ome word:he has faid,or any one aét he has done, ‘which has! eyineed: ‘the: ‘leaft confcioufnels of the oo of that papers piste tL SF yalivs ni 3 j Up G16 “if: But ( 303 ) But it-is: faid, that. fubfequent: to. the apprehenfion” of ‘the prifoners, ..inconfiftent and contradictory {tories are “told: by fome of them. »-It is not pretended that that-can’ be imputed to Mr. Binns,.. The ftories.-and: accounts of the other pri- foners are; not, evidence againft, him... But »you cannot failte obferve, that thofe inconfifteneies and -contradiCtions: are iald capable of explanation by. the..confeioufnefs which they had, that they had committed a mifdemeahor; in megociating: for the hire. of a veflel to.go to. France without a licence, whether they had: or .had not completed, even that offence maybe doubted, as they. were not, a€tually on board a veflel-fo def tined ; be that as it may, alarmed for the confequences to which they thought. they -had).expofed: themfelves, they might natu- rally enough ‘be induced. to give different accounts in) hopes ‘of averting thofe confequences. Gentlemen, the cafe ftanding thus on the evidence: for: the Crown, I afk you why the prifoner at the’Bar; Mr. Binns, is to be called, upon to. give any anfwer to it?—Is his con- duct myfterious?... Is his conduct:equivocal? “Then let that myftery be cleared up by the.Crown, and let it be cleared up fo.as to eftablifh a cafe of. criminality, and of criminality com- menfurate withthe charge, before he is to be called upon to give any explanation whatever. The learned gentleman who preceded me,,inforced this topic upon you, as well as every other, fo. much at length, and with fo much ability, that it is unneceflary for me to enlarge. If there is myftery in the cafe,,.as counfels for a defendant, I. am entitled to fay, myftery. ,it,may. remain for me. . Your charge is High Trea- fon, and your proof is myftery.. Myftery is not High ‘Treafon. I am not. bound toclear up that myftery, to prove my Client’s innocence,,,, Lhe Profecutors are bound to clear it up fo-as: to demonftrate. his guilt. The. prifoner ftands .at_the, bar... He puts in his» plea of not.guilty, and.it is: tobe, prefumed! that’ that plea) is true, unlefs it be, torn up, by.theoots by, the proof which the crown produces... .Now,.1 afk you, is.there that cafe laid: before> you on the. part.of the crown, which.completely fatisfies you, > be- yond all poffibility of doubt, that he is guilty? If there is noty what ( 3% ) what has he.to do. with giving an, anfwer, to the charge? He lies. upon, his oars and fays, J am not,guilty, but <1, amonot,te prove. .my ydelf not..guilty, for 1, am to, be prefumed to be not gu. ity, till you have proved me. guilty—prove..me,guilty But, it. maybe. faid, you are here,,conne&ted with Mr. *Connor,thus far at leaft, that you,were, thejagent employed by, Mr. O’Connor, for the purpofe of; procuring a. veflel for him to, go to Flufhing... Take it to, be fo—what,then?: Is there any evidence that Mr. O’Connor had. any, treafonable purpofe? Or if .there bey) is. there any. evidence that) Mn Binns was a,party to, that treafonable, purpofe ? Upon.the evidence, which is now before you, therefore, I have no doubt you would, without difficulty, or hefitation, acquit him of this charge. But every);prefumption in favour of Mr, Binns is fortified extremely, when the..cafe, of Mr. O’Connor is opened to you, and whenpit is ftated that.Mr. ©’Connor found it neceflary to quit Ireland, on account. of profecutions, for being fuppofed to have a concern ina newf- paper, called. The Prefs... Having already, fuffered feverely in his health, fo as to endanger -his life, from an_imprifon- ment which he had endured in Ireland,, an imprifonment of no common rigour and danger, he was anxious to avoid the repetition of that confinement from which, perhaps, he might not efcape with his life, and therefore he came to England, thinking that here he fhould be perfectly fafe from profecution and perfecution.. But he wasadvifed that even here he was not {afe, for that upon any charge of an oftencein:Jreland, he might be apprehended .in this, country and. be conveyed to Irelands and, therefore, in order to preferve himfelf. from. being again jmmured in a prifon, it was neceflary he fhould quit England, Why then, Gentlemen, if Mr. O’Connor).was advifed to do that, inot merely by honourable friends. who sfelt. an anxiety for his fafety, but if, he was advifed to doit by a,great legal. authority, who undoubtedly, upon this.occafion, united his legal knowledge and advice with the friendfhip which he felt-for Mr. O’Connor, whom he, as well as other gentlemen:of high rank and unqueftionable honour, have known and refpected-fop mM any Rat be aa - are ( 365 ) many years; if hé was advifed to do-that) and. took meafures that demonftrated -his’ intention to comply with that advice, why are ‘you'to impute Treafon to Mr. Binns, who merely acted as’ ‘his’ agent to: procure the veflel in which he was to take his paflage? Tt. is) not at all wonderful that when there were charges againft Mr. O*Connor im Ireland, he fhould be defirous of leaving that-diftracted sci sa apie if the ftate’ of that country be, \as-it is reprefenteds if it bea country where fo- ciety is diforganized, ia all the bonds: of focial intercourife diffelved; where, evéry gentleman’s houfe is turned into a fortrefs, the doors’ and: lower windows: barricaded to guard againit’ attack; and the inhabitants gaining accefs to it only ‘through’ the upper windows: by a ladder. If it be a country wheré the landlord is ‘armed againft the tenant, and the’ tenant againft the landlord; where too the people are op- prefled by a licentiqus foldiery, the character of whom, by their late commander in’ chief, is that they:-are: ‘ formidable to every © body but. the’ enemy’—a concife defcription of every fpecies of enormity, al epitome of oppreffton, confufion, mifery,; and diftration—is it not the Jaft country in which fuch a man as Mr. ©’Connor, whovhad made himfelf obnoxious to the mi- nifters:there by his oppofition: to: their ‘meafures, would choofe toremain, aud the Jat: country to which: he would choofe to return, when once he had efcaped from it? Andif that be the eafe with’ refpe&t:'to. Mr: O’*Connor, how ftrongly> does it fortify the'cafe of Mr: Binns? Becaufe every thing, whatever, which contributes to prove the innocence of Mr. O’Connor’s intention in quitting: this country, tends {till ftronger to prove the-innecence of Mr, Binns, who was acting merely as his:agent, ‘PRemit is confidered'a matter of great importance, on the part/ofithe profecution, tovconnedt Mr. Binns clofely with Mr: O’oigly; The profecutors: would: with you to’ believe that, from:the-commencement of hisagency in this bufine(s, he: was im; clofe’connection with:him: © Look at:the evidence—- there ( 9368} havelbeen -rdifed'in your minds, to be turned, by any’ means whatever to the injury of the defendants: - You wilbconfider; likewife, the infinite importance it is of, to preferve a-diftinction’ between crimes, and that it is not be+ caufe’any perfons may have been engaged in that, which if per= fected; would‘have amounted to a mifdemeanor, and that of a fort: which is not'a moral offence, that therefore you ought, without the moft dire&t, plain and manifeft proof, to involve them in the guilt of High Treafon: You will confider the diftintion between ‘one’ crime and another, to'be asimportant, even, as the diftin€tion between innocence and guilt ; and therefore where: the condué&t of men can ‘be referred to an offence of the flighteft nature, you will not, unlefs the evi- dence irrefiftibly: compels“you,: refer it to the moft enormous crime; which'the* bafeft and wickedeft of mankind alone ‘can commit. Gentlemen; Mr. Binns now ftands before you for his: cha- raGter‘and his lifes: forthe greateft flake for which any mancan ftand before a: Jury of his Country—and you, I am fure, will true deliverance:make between him and his accufers. 1f you fhould even think hisconduét myfterious, which 1 truft you will nots becaufe I conteive it to be fufficiently explained, yeu will not therefore take it'to be guilty, and guilty in the extent to which it! is charged—but you will fay that that which ‘is myflery is not proved, to’ your fatisfaction, ‘to be High Treafon. Gentlemen, your verdi& is of infinite moment, not only to the prifoner, who now ftands on his deliverance, but to the: people of England, whom you reprefent, and by whom it will’ be reviewed. It will be “reviewed alfo by along, long, en- lightened, and fevere pofterity.--It will be the theme of praife, or of execration in ages to which the names of few of us would reach, but that this trial will confer on them an im« mortality of honour or of fhame. It will confer an immor- tality’ of honour upon’ you, if, faithful to the facred truft re- pofed in you by the conftitution, you yield not to pafsion, to’ prejudice, to influence, or authority-of fhame and infamy, we on ( 369 ) : on the other hand, if you could allow the circumftances of the times, the influence of prejudice, or the authority of the pros fecutors, to tyrannize over your judgment, and prefcribe your verdiét. I am fure you will fulfil the duty you owé your country with integrity and firmnefs, and you will experience; as all Juries have, who have fo done, the gratitude of that country. Mr. Fuftice Buller. Mr. Gurney, you ftated that if was not proved how the pafs was found.--I took it, it was pro- duced by Mr. Ford as found in fome of thefe packages. “Mr. Gurney. believe, my Lord——— ° Mr. Dallas. As 1 take the fa& to be; it was fotiid in 4 box, which-they contended belonged to Mr. Binns, but they failed in proving that it did belong to Mr. Binns. Mr. Attorney General. 1 called a witnefs, of the name of Jones, to prove thefe facts, that he took a box from Evans’s, the Secretary of the London Correfponding Society; that the box was Binns’s box, and that in that box the pafs was found. Jones’admitted the fa&t of his taking a box from Evans’s, but he could not prove that that box was Binns’s.-The pafs therefore ftands only upon the evidence of O’Coigly’s hand Writing being found upon it. Bh MR a Cr, 3dQ« ) MR. FERGUSSON. May it pleafe, your Loxdthin, Gentlemen of ‘the Jury, I AM of Counfel. for John Allen, one of the. prifoners. at,, the bar; and, in, the courfe which it.has .been thought fit, to adopt, for. the conduct, of this defence;.it.,is allotted, to.me, in, this, ftage of the bufineis,.to .addrefs. you. on his behalf. Gentlemen, alarmed.and agitated as l.am,,to havein any de- gree, committed, to; me, the defence.of a man, upon, trial, for his. life ;.there, is one thought, which fupports. me under, the weight of this charge, that the gentlemen with,whom,d am aflociated im this caufe, have. had the neceflity impofed upon them, .invconducting, the, defence.of their chents,, of, likewife conducting. the defence of mine. Gentlemen, I have none of thofe advantages.of legal.ta- lent. and. experience, which they .poflefs,.. L have not .even, thofe.common advantages which it,has.generally been thought that acounfel.does poflefs in; defending,.the. caufe. of others.— J have heard it remarked, that there was ‘a, wide. difference between the tafk’ which was impofed upon a counfel who was conduéting the defence of a prifoner, and that which was im- pofed upon the prifoner himfelf, who was pleading. his own defence; ‘ there isa wide difference,’ I have heard it faid, “ between the. fportful combat of foils, and that which is feri- © oufly difputed with unbaited fwords.’ Gentlemen, this caufe is not to:me the ‘ fportful play. of ¢ foils.’ In the verdict which you are.this day to, give—is in- volved. the life of aman, with whom I have long lived on terms of the moft.endearing friendfhip. .But.to fay to you, any thing upon his cafe, would be to run the rifk of, ,weaken- ing; that impreffion which I fee has been made upon your minds, by the very able and eloquent opening which you have, heard of his defence. I fhall therefore ftrictly, confine myjelf, as in my. duty Iam bound, to the cafe with which 1 amgparticularly charged. , Gen- CC: Soe 7 Gentlemén, it will be neceflary for me, Shortly, td confider two diftin& points; the firft is with refpe& to the general nature of this charge ; the fecond will. be how far the per- fon whom I. am to deferid is connected with that charges With réfpect to the law upon thé, fubjecty you all of you know that it is founded upon the cleareft and plainéft: words, which it ‘is poffible fot language to convey. I mean’ the words of the great Statute of Treafons of Edwatd thé Third ° In-that;, the only treafons which are applicable: to this*indiGt= ment, are compafling the king’s death, andadhering tothe king's” enemies, Gentlemen, it certainly, in my opinion; was thé original intention of our forefathers who framed this'a@3° that the firft branch, namely, that of compaffing the death: of the king fhould ‘be confined, ftri@ly and literally confined} to'diz rect attempts upon the king’s perfon. -With refpet to adhering to the king’s enemies; therevate added words which will fufficiently explain’ what» was"the meaning. of the» framers of that Statute, ih that’ partieular branch of it-+the expteffion is; that’ whoever fhall be adz heting to the king’s enemies, giviig them~aid and comfort, that is, gentlemen, according to what has. been’ laid déwn’ by ouf beft writers upon the fubject, Imean Lord Coke, and Lord Hale, it is principally: direCted’ towards ‘abetting our” eneini¢s,:in, for inftances delivering up forts into their jpof fefion, in giving them any affiftance in landing, or in ‘giving them actual afiiftance in a foreign country, for the purpofe of-procuring an invafion, or facilitating a defcent upon’'the country. But it is unqueftionable, Gentlemen, that there have been conftructions of thefe two branches of the Statute, whith deviate alittle from that which I take'to: have been the 6pi2 - ginallaw. It has been conceived, and it “has beén laid dowri® as law, ‘in a variety of cafes, that confpiring to levy war’ againft the king, might be an‘ overt-att of compafing’ the’ king’s death; but in this conftru@tion no Judge that I know of, Lam fure no good’ Judge; has ever laid it dows’ ds law) that a confpiracy’to levy war, could be a ‘conftru@ive corms pafling the king’s death; unlefs the confpiracy to levy war, : Bba2 was (992-3) was: for the..purpofe of a direct attempt: upon. the king’s .per- fon .either for the purpofe of: putting him to death, or getting hing inte ,the.-power:.of confpirators;\ which it-was: naturally fuppofed would? lead:to his death and deftruction. It was fo Jaid).dewn; on; the. trial. of.the virtuous, Lord Ruffel;. who certainly; however he smight.have complained. of his Jury, had no complaint .to make of his Judge... The Judge, Lord Ghief, Juftice Pemberton, laid down the law thus—The quef- tionj)-Gentlemen of the Jury, for you to. confider, is not whe- ther my\Lord Ruffel, confpired..to levy-war, but. whether ‘he confpired to levy;;war--with an intent to) put and.-bring the king to death; and I conceive: that-:no otherpoffible,. at leaft no, other, wholefome. conftruction. of this’ part.of the ftatute can-be given. ‘There\ has certainly alfo been a) conftruction that a.-confpiracy to. procure an invafion of the country by a foreign’ enemy, and taking any. fteps) for. that» purpofe, the being found in the way. to.a foreign country at) enmity with ours—and being fo found with .treafonable papers in your poflefion, may, in certain,cafes, form a fufficient overt-act, not merely of adhering tothe, king’s enemies, :but alfo.of compaf- fing) the king’s death. . ‘Gentlemen, that “certainly. was fo. laid down.in the ‘cafe which. has been: this day.cited,, and..of which. I thal} have fomething more: to fay.to jyou. in.-the courfe, of my. addrefs. It was. fo-laid' down-in the cafe of Lord. Prefton,:.and.Mr. Afhton. . T:he'crime charged upon them, was going to France with treafonable papers, and this charge.was.laid as an. overt- act of both fpecies of treafon, of compafling the king’s: death, : and adhering to the :king’s enemies. But. beg.you will) re- mark, that-in this cafe.of my Lord Prefton, there was not.a conftruction or inference, but a-certainty, that this,.attempt . of my. Lord Prefton, and Mr. Afhton, to go into. France, was with.a view not merely to depofe, but alfo to. bring the king to:death.. It was very fhortly, I. believe:within, the. period of a twelvemonth after the Revolution, when tyranny. had been .chafed: from, this ‘country, and..when'we had received our deliverer, King William ; it was fhortly after the Rebellion had .been crufhed in Ireland, when, I will.not fay half, but, ; ] believe KC S33 77) I believe >the majority) of the country were tin Yavon? GF tHe abdicated family ) ‘it was’ ‘at that’ moment? that Lord “Prefton, and Mr, Affiton, Lord Prefton having been*Secretary of State to King Jatnes; and Mr. Afhton ‘private’ Secretary’ tothe Queen, Were indicted for this treafon; and it “was “fpecialty laid inthe indictment, that they were goihp to ‘parts beyond the feas, for the purpofe of procuring’ the ‘depofition Of the king, ‘and-of reftoring the late king throwgh a French int vafion; the direct confequence of which would > unqueftion- ably have been, not merely the depofition of King William ; but if James* had fuecéeded, the former muft have been ‘at- tainted and‘executed as a‘traitor. Now, with refpect to this charge, if you are'to admit a con= ftruction of this’ kind, *you are at leaft to fee that this con- ftruction is made out by the moft plain, manifeft and incontro- vertible proof—it was fo made out in the cafe of Lord Prefton and’ Mr. Afhton; and-it is not for me to ftand up in’ this Court to object either to the verdict of the fury in that cafe, or to the opinions of fuch Judges as my Lord Holt, whom one of the Judges upon this’ Bench yefterday fo highly and fo juftly praifed—a man in the praifes of whom I moft heartily concur; for I°am fure the fonder any man is of the’ liberties of his country, the more veneration he will have for the character of that great-and ‘conftitutional Judge: But what was the conductof my Lord Holt ‘upon that occafion ? He not only laid down the law, with thé reftriction which Ihave ftated, but’ in’ arguing upon’ each ‘particular cafe, he required that it fhould’ be° madé out that™there’ was in the parties concerned privity and'common defign ; and unlefs that had been directly, plainly, ‘and clearly proved, the Jury, upon’his charge, ‘never could*have brought in’a verdict of guilty. | But with refpect to the general con{piracy which ischarged© in this ‘indictment, and the factsi‘as applied to it, I fhall have little otcafion; ‘as I have already ftated, to go into the evidence which affects ‘the’ prifoners ‘in'general ; for that has been very ably’ done, and willbe again done with equalzeal and’ with equal ability, by the learned’ Counfel who'is to follow me— I fhall only fay, that ‘you will require very plain and ‘certain proof that this paper was found in the great coat pocket of B b 3 My, ( 374) Mr. QO? Goigly.; that.it was.concealed in that great-coat, and put there by: the prifoner. O’Coigly himfelf; and that. it was impoffible, in the mature,of things, that, after the prifoners were arrefted, that paper could have been put there by others— Eido:not fay whether the thing is probable or likely ; but Ido fay. this, that if there is .a poflible fuppofition that fuch a thing could have, been eafily done in the fhifting of hands, and in the different. places in which they were, and) from the.circum- ftance of its being found in a public room, .at.a public. Inn— If, L.fay, Gentlemen, from, all, thefe circumftances, there is.a reafonable. {uppofition,, that. fuch a paper. might have been in- ferted into. the pocket of this coat by others, you will hefitate, Iam, fure,. before, upon fuch evidence.as you have heard, you will pronounce-againit, any one of the prifoners,a verdict of guilty,—I hall remark. very little upon. the improbability. of any man carrying a paper.of this nature, the abfurdity.of which has been fo: well commented upon by my learned friend, Gentlemen, I have only further to obferve to you, that,in all.the. cafes which I have read, in which a treafonable cor- refpondence with the enemy was charged, it has. conftantly been fet. up.in proof, that-fuch paper was in the hand-writing of one,.of the perfons accufed; and why ?. becaufe if it 4s proved to be in the hand-writing of one of them, then there is an. end, of every idea that any. other perfon might have fabri- cated it, and put it inthe place where: it. was: found, when the prifoners were taken into. cuftody. Ifithis paper was in the hand-writing of one. ofthe pri- _doners,,.and that hand-writing was made clear to you, not inthe , Manner.in which fome papers have been proved in this cafe— ~and.efpwhich,,you , will, hear more..when, we bring our evidence, |. If, it was. clearly made out to be the hand-writing >of. one. of ithe) prifoners, then I.do, not fee how, upon any ceptinciple. of Jaw or. juftice, if you .were convinced he: was -going into. France, that.this paper was, made and. prepared eas ftated in the language of the indictment, and put and-con- -cealed there for the purpofe of being conveyed to the.enemy, I «do not, fee how you could acquit pausiohies upon your. oaths, Af,againtt, fuch_prifoner you. were. to bring i in a verdict-other than that of guilty, Gentle- ( 395 )) Gentlemen, Dothall not:detainyou longer.upon the genéral charge 3 I hall only ftate what particularly: relates» to othe prifoner Allen—TI find but one charge ‘through the wholevof the evidence whichis attempted to:be: made out, and which was laft night produced againft ANen—ijt was, that he ‘pafféd as O’Coigly’s fervant, and! from that circumftance the profé- cutor in this'caufe wifhes to infer, and to “convince you, Gentlemen of the Jury, that my client Allen) was privy to the defign. upon which’ O’Coigly is tated tothave gone; that he knew of this paperj.knew of its contents, and approved!of it You will obferye* by the very few points in’ the courfe of ‘the evidence which have related to’ Allen, particularly by*the evidence of Mrs. Smith, that: my Client was a ‘poor anda diftrefled man ; that even in the room where ‘he ledged: with two others of his countrymen, who were, like himfelf, driven from their country, there was but one bed; and that they paid together, for that room, feven {fhillings and” fixpence- per week ! 4 Gentlemen, the prifoner Allen fied from Ireland, as he did not conceive himfelf, for the fame’ reafon asthe other pri- foners, to be fafe in that country ; and he withed alfo to get out of England, from which it was poffible for'them to fend him back to his own country; he therefore took advantage of Mr. O’Coigly’s determination to go to’ Francethere’ is’ no doubt he accompanied Mr. O’Coigly as his’ fervant; and I will afk you, Gentlemen, whether a perfon of the habits and the education of my client,°a poor, ignorant, uneducated mai, could be found in a fituation which was more’ natural or fuitable to his circumftances thanas Mr. O'Coiely’s:fervant; for if he had not paffed as his fervant, how fhould he have gone at all?» Do you think Mr..O’Connor would haye ad- mitted) Allen: into his room—that he would have conyerfed with him-+that he would have affociated with him— brought thoufands of inftances-in which he had affifted'the late king inthe: attempts which he had made‘upon the liberties ‘of: Englands. buten that profecution, the counfel forthe crown didnot think: .that: they could.in any inftance, bring the cir. cumftances of ia man’s whole life, as:a proof of the intention with which he committed:a {pecific aft; «charged to: be'treafon’; becaufe if a: man commits treafon,, and:it can be«proved at! alk itscan'be:proved in the courfe ofa fhort evidence-—the ‘proof of High Treafon;:as it ‘was well remarked, mufblie)‘in-the palm of aiman’s. hand,* df aitriak for Hight Treafon,: goesvon'to the Jength:of ‘five, fixyfeven, or eight days, which the memorable trials of 1794 did, L:myfelf,: if] was a Juryman,:and:was not able to:cemprehend ithe mafs of evidence, and to:free my mind: from, that confufioniwhich it had broughtuponiit, I fhouldrat once bring in a.verdi& of net guilty, becaufe ‘D fhould con ceive if there was! Tréafon, it: could-be proved in-avfhérter.. mahhes—-but :to return.to-the: cafevof»Lord»:Prefton, fomeof tog the { “97 )} the ‘moft treafonable papers: were: found to besih the,ands writing: of hiswLordfhip, 9 fuch -as a memorandums of chints; which he ‘wastocufe when’ he got: to the Court ofsSt.1Gers - main’s 3: theren-wasa lift: of :feveral fhips;:in -what- condition they wéres/of themode» of :attacking they.countrys iniwhat manner the French fleet was:to fight; and.the declaration: of King James, to be:publifhed when he camesto this countrys befides thefe papers, there were many others which were: rank: treafon---there, was ‘the refult of a conference; fon bringing him the Pretender ;»therenwere the: heads of @ public declarationp and @ variety of papers: needlefs for me to-ftate-- Mr. Athton, Mr,) Elliot; and»Lord Prefton’s fervant ::he :pulled them from «the place where they -were hid, and whem he hady them upon decky he had madeno difcovery ; but’ Mr.vAfhton went down again under the hatches, where he had been before, and put the bundle of. treafonable papers into his bofom,: Mr. Afhon-returned upon deck,: and) one of: the: failorsy fortunately for the: difcovery: of the »plot,: mentioned to Captain Billop, who-apprehended. them, that, Mrv Afhton shad :pur fomething into his bofom; the Captain afked hint whatvhe, had in:his box fom, he faid~his handkerchief, and: pulled: it out; but Captain: Billop put>his hand: into his-bofom, and: pulled out the bundle: of; papers--and: howr-were they» made up? >. They: were tied! together witha piece ofilead affixed to them, for theypurs« pofe’ of finking, ini cafe. they were difeovered+-now this: cirs)! cumftance alone:was i fufficient, in’ my. opinion, toshave | gufti-: fied: the fury;: at leaf, im. bringing in: Afhtom guilty, «whothad! them) inshis bofom;vand,alfo Lord Prefton; in whofe hand: writing fome: of the papers were-befides, theim whole: con=ic duct fhewedia confcioufnefs. :of) guilt. )\As theywcame!iup thes riversina boatpithey:wepeatedly afked-Captain Billop.taodifei: 2 pole ot (( ea8))) pofeof*this: packet, aMr. Elliot »particularly, who, .although concernedin this, owas not»triedy and: alb hiftorians: agree ‘that he: «was: notysbecaufe there was no: fufficient::pofitive proof againtt him)xthis gentleman: wifhed Captain Billop oto take fome indifferent spapers, fome letters of Lord: Prefton’s; which he had) found in his pocket, and to fay, that-they were the papers heihad found. . When they fai they could: not pre- vail upon him» by-entreaty, they ufed»threats and menaces, in order to induce him ta comply with :what ithey propofed ; it is impofiible. to fiateiany cafe {tronger than: that---but how is it applicable® to this cafe?» 1. mean. the particular cafe of my celient--it is applicable in this: refpet---that Lord Holt,. whom I have mentioned, that Lord Chief» Juftice Pollexfen, ‘and Lord Chief Baron Ward, you find in the opinion» of »thefe three Judges, :who tried the caufe, that privity was abfolutely neceflary to be proved, and I hall. read one or two. extracts of the opinions: which the Judges. gave, which will be a perfe& proof to your minds, that-snlefs there canbe made out a privity in the defign with which Mr. Q’Coigly was going to France, fuppofing this, his: defign, to have: been made out, that ftill you cannot conyi@ any other of the prifon- ers at the bar. On Lord Prefton faying that. he:was not the bearer of the paper, that therefore they could. not affe& him: Lord Chief -Juftice Pollexfen: fays, ‘ Here are three papers, that by three * feveral. witnefles acquainted. with my Lord’s hand-writing, ‘are teftified, as they believe, to be his hand-writing if fo, © then there is an end of all, for therein is a horrid: ideal of § treafon contained: if thofe inftructions, thofe memorandums, thofe heads that were written, down, were my» Lord’s, and he did intend to go with thefe in a voyage towards France, * that will, be fufficient of itfelf, if there were nothing clfe in the caufe; to maintain this indi@ment.?) But: he fays:fur- ther, why they: ought to. condemn Lord, Prefton—‘ But, Gen- ‘ tlemen, you have in the reft of the: papers that were taken, § agreat character, of the-bearer ; that; the bearer. had.done , great things :’ which was the cafe with refpect to Lord Prefton, rahi That the bearer could inform them fullyof every ‘ thing, nm € he (379 )) ‘thing, and:there:faould: be full and .éntiré:confidencespubin £\the bearers’ and a great manyduch phrafes.. *) Buty faysomy Lord; ‘I was: mot the bearer, «it was Mr: Athtonjothe: papers .$ were dound about him; dt doesnot appear dire@ly whosthe ‘ bearer was;: theyowere not found about«ane.’ ‘. Nowy »continues: he, * pray bet us: lookia little how this ¢ evidence ftands): pray where was this bundle found? «ven © upoarthe gravel where my Lord)Prefton, and Mm Afiton lay 5. there: was it found, and) my Lexd’s. own) feal owithit: § thatds a.circumftance which I forgot to mention, :thatmpon ‘the: ballaft,: clofe to the papers, weré:found duord Preitonis ‘feal, which she had ufed when:he wasSeeretary of State to « King James. » Befides, afterwards, when he is taken, cand the letters taken.with him.in the fame company; you hear what .endeavours.there were. to fupprefs the) truth, even by ¢ my: Lord’s defiring to have the packet difpofed: of.’ In the cafe of Afhton, in whofe hand-writing mone of the papers were found, but the papers.were found upon:him, in:the hand-writing of mnctine: prifoner, with all the tafhicihas cir- cumftanees which E have ftated to.you on his trial, when he faid that the ere;none inihis hand-wariting 5: that hewasmnoat the bearer, though he put them in his.hofom, they lying mixed with, my .djord’s feal,, though net his, in. that eafe «Lord Holt fays, ‘ Your being concerned, and importunately endea- ‘.youring. ito «have them thrown, overboard 5: the hiring ‘the ‘ weflel.to;go with thofe treafoyable papers )to an venemy’s ‘country, 'iand the papers found about you, is fad ledge and ‘ is left to the Gentlemen of the Jury to confider o Now, Gentlemen, it isimpofible that any cale cou see have tied more clearly made out than this cafe was, againft Lord Prefton and Mr. Afhton; but Mr. Elliot was alfo arraigned along withthe prifonersj and a great part of the evidence which went to affed Lord Preften.and Mr. Athton, ungueftionably went toafie@: Mr, Elliot ; but the proofidid not go'to this extent, to fhew that Mr. Elliot wasan actiye party inthis confpisacy ; it didnotdhew that -he was either the contriver, of it, or that he was employed in carrying itvons it only dhewed that he had a general notion that they’ were going under fufpicious circumfances ; that he Se Une shad I ( [GR )) hhad,a'general notion that there might‘be danger, but it was ‘not fhewn that he had any privity:of ‘the paper, and therefore, ‘aé- cording tothe unanimous teftimony of all the hiftorians of thie time, Mr. Elliot was not brought to trial, becaufe there was fo pofitive proof againft him. Gentlemen,»1- willnot detain you any longer upon this part of the fubject ;.and indeed I have little more to fay to you. » My client, along with the other prifoners at the bar; fled from Ireland. «It \is not neceflary for me ‘to ‘ftate' to'you' what the fituationiof that country is. It is fufficient to be fufpected, to be imprifoned 5: and it would be happy’ for them that ‘it was fufficient that they were imprifoned, to be tried ;°but this is not the cafe: they are:imprifoned without’ a caufe affigned, as in the cafe.of one of the gentlemen at the bar, who was kept in.clofe cuftody for fix months, upon’a charge of High Tyea- fon ; he was allowed afterwards to go‘out* upon bail,’ and bail ought not to have been received, if a charge of High Treafon could have been made out againft him: and ftill more,’ in the cafe. of Mr, Roger O’Connor, he was imprifoned: for’ fix months ina dungeon in the gaol of Cork ; he was fome weeks ago acquitted, and no evidence whatever was produced againft him. The witnefies were called upon the part of the°Crown, but none appeared.. Mr, Roger O’Connor, upon the wings of brotherly affeQion, flew to this country, to comfortand ‘affift his brother in the hour of peril. | What was the confequence ? ‘To fhew you that it is in the power of the government of this country, or at Jeaft, that that power is affumed, to-fend’ perfons out, of this country. to Ireland, this unfortunate gentleman; ‘who had been but one day in London, who had travelled fevent or eight hundred miles, without fleep, and almoft'without refrefh: ment, when he came here he was arrefted by a warrant’ of the Secretary of State, and fent-back to Ireland: ‘his'evidencée was material upon this caufe, and the Duke: of: Portland ‘finding that:it was fo, fent a warrant that he might'be brought back: ‘Gentlemen, I firft propofe to fhew you “what! the fituation of Ireland is; and, fecondly, that there is '@ power,’ either real or aflumed, to fend any perfon-to Ireland, to be'tried there; or to. be imprifoned, .if government’ don’t think proper to bring him ( 3: ) him. to a trial ;.but with refpe@ to trial; the prifoners*had*an awful. warning, in that which dately took~place, sand of which you: may: have all heard} Iam fure you have, of the fate of eh unfortunate Mr,,Oxr Mr. Attorney General. Does your Tisrilthip think: that: the juftice of Ireland-is tobe traduced in this manner? Mr. Ferguffon. Lam ftating what TD believe to-be material to the defence of my client, to fhew that he would not’ have left Ireland, if in that country, from the fituation in which it%s, I-impute no blame to government, I ftate the fituation of the country to be fuch, that a perfon who is there; and who'is ful pected of any crime, may be imprifoned without ‘any? caufe being alledged. I further; fiate the circumftances of a late trial, which cannot be objected to, becaufe it fhews' the’ fate to which prifoners may be doomed if fent there. If your Lord- fhip thinks I ought not to proceed, I fubmit. . Mr. Fustice Buller.. You are ftating the particulars’ of a trial which took place in Ireland, whether ‘the trial was right or wrong, we cannot enquire under what’ circumftances ‘an indiétment was preferred, and by: what means it was tried. Mr. Ferguffon.. 1 meant to ftate, that fuch was the fitua- tion, of that country, that jury-men, according to an affidavit which themfelves made Mr: Fuftice Buller. . That cannot be admitted: Mr. Fergufjon, Gentlemen, I fand corre&ted by his Lordthip, who has prevented my going into that which’my inexperience in cafes, of this kind made me think I had a right to do, which’ I: conceived to) be: material to the defence of my client, but I cer- tainly fubmit.; however, there is no doubt that the fituation of Ireland is fuch, without referring at all to any proceedings of the courts of; juftice, that ithe conflict of parties in that country 2s fuch, that. any man who is active againft the adminiftration‘o f< that, country,: has’ great reafon to fear for his: life): 1 admit> that on the other fide: it .is the fame; that, in:fa&, any »perfon'' who has been forward, either in: one party’ or another, is nat now fafe in. that.country ; at:leaft, if Iowere an Trifhman, in? that predicament, I fhould endeavour to leave! it as foon as poftble, . You know that in Ireland, even fuppofing'a’prifonere? 1s (| 38%) is not brought 'to his trial, what the fitudtion of 4 man whois merely fulpected Mr. Fufiice Buller. You aré going too fat ; we cannot en= quire into the law of Ireland. Mr. Fergufjon. Nothing can be farther from my intention than to imptite any blame to any court of juftice in Ireland. Tr'the'cafe of Mr: Orr I méant to ftate a fact which happened after'the trial, and-which no ways related to the Bench. Mr. Fistice Buller. Wecannot enquire into that. Mr. Fer cuffon. Gentlemen, a material part of the defence of my ‘cliént isy as | conceive, that he left'a country where he could not remain with fafety ; [attempted to fhew that-he had a motive for leaving that country; [ was endeavouring to thew to you that he’ had a motive for Iéaving this’ country alfo; dlthoueh that certainly is unneceflary, ‘becaufe it mutt appear to you in fact, that thé Counfel for the Crown have made out no cafe whatever againft him. - Gentlemen I have done; I hopé-and truft; and am confidént that .no iiproper attempts which have been made; will influs ence’yowin your verdict. ‘Iam‘fare ['fhould be infulting you if I were'to think that any one of you didnot feel equal horror with myfelf; that his blood did not run' cold,’ whem he heard thofe monftrous doctrines which were promulgated in a-letter addrefled by a perfon-6f thé name of Y oting refpeécting this. trial ; ——that’ théfe attempts have been made= Mr. Fupice Lawrence. It is. no~ part of the: evidence in this: canfe. My. Fuftice Buller. Nor can you produce it as evidence, Mr, Ferguffan. Gentlemen; it is impofiible for youl truft to returna verdi@ contrary to evidence, but I will afk you to guard againfta prejudice, an unwilling andan involuntary prejudice, which perhaps may ¢entér into the minds of men, anxious as you naturally are, for the independence of your country. The prifoners are accufed of a great and a horrid crime, they are accufed of: that treafon which is the worft and the moft detef- table, as it'is’ that» which goes not only to the depofition of the King, but ‘the: fubverfion of the whole conftitution and laws of yews country; and that by a foreign force! the beft of minds (3830) minds may find themfelves a little biaffed againft any, prifoners. put upon their defence upon’ a- charge like this. . But do. not, I befeech you, Gentlemen, allow your minds, to receive im- preffions of this nature. ‘Take warning from,what happened in a memorable period of the hiftory of your country; -you cannot have forgottemin the courfe of the laft century, in» the reign of Charles. the'Second, that monftrous fiction the Popifh: Plot; Juries, unfortunately there, as it has been always admit- ted, brought in a verdi&t, which nobody has hitherto: been able to.juftify. .[ am forry alfo to fay, that perhaps the beft men of thofe times were to 4 certain. degree concerned, at leaft, in endeavouring to:raife a belief that fuch a:plet exifted;,.and I fear it cannot be denied, that the clamour raifed by the popular leaders at that time, had:too powerful and too fatal/an influence upon.the Juries.who tried. the confpirators m that pretended plot.. “Fhat:there was'a plan in thofé days to bring in popery and arbitrary power is certain, and inthe. zeal which men felt for .the prefervation of their liberties, they faw, in-every idle rumour a plot, and. in. every accufed: petfon a: confpirator.—< : ‘Fhe conmfequence was, that the blood of the innocent’ was fhed\,, and verdicts..wére given! which outraged every principle. of humanity.and juftice. ‘Phe times in which weilive;. bear in many points, too. neara. refemblance to thofé to which] have. alluded. May they never refemble them in thofe-dreadful judi cial proceedings. If yow fhowld in: this cafe return a verdiét of guilty, my mind:forbodes a trainiof difmal and melancholy events which await'my country :-=~Y ou will not be the firftta. open the-fcene of blood, ; MR ~ ¢ 384 } MR. SCOTT. Gentlemen of the Jury, I am of Counfel in this caufe for that excellent and innocent young man, Jeremiah Leary; Iam really ata lofs to know, from the evidence which I have heard, and which you have heard alfo, what the charge is againft that boy; he feems to me to have been moft wickedly and wantonly thruft into this indictment. Gentlemen, Leary is the-fervant of Mr. O’Connor, and what evidence then can he (a poor fervant) call to prove, that which muft be manifeft to the whole world, his innocence. Geatle- men, it is impoffible that he fhould have the opportunity of fub- poenaing witnefles or calling any evidence at all. What then, is he to have no defence? Is he to fink under the weight of this accufation? No, Gentlemen, he fhall not fall a victim to the cruelty and inhumanity of this charge; and I am _ juftified in calling this a:cruel charge; becaufe, in the whole hiftory of the legal proceedings of this country, there never was an in- ftance of a fervant, under fuch circumftances; being put upon atrial for his life, for High Treafon. Gentlemen, | will, however, call evidence in this lad’s defence, I will call fuch evidence as fiiall make his profecutors blufh; I do not. mean : the learned Attorney, of: any of the learned gentlemen: by whom he is profeffionally affifted, but I mean the real authors of this inditment. Gentlemen, I call this very indiétment, that evidence, which to their everlafting difgrace they have brought againft him; and what does it prove? Look you, gen- tlemen and fee what it proves—Why it proves that he was the fervant of Mr. O’Connor ; that he did as his mafter bid him; he packed up his mafter’s things-he went with his mafter— and, in fhort, obeyed his mafter’s orders. He knew nothing; and could therefore tell nothing. Good God! Gentlemen, what is his crime? That he is a fervant; and for this is that bey now ftanding at your bar, trembling for his life. Gentlemen, this is my cafe; it is very plain and very fhort 3 I shink'I fee how you feel it, and I will prefs it no farther upon (- 385 >) upon you; for tomake a long {peech would only be taking up your time, and giving an importance to this cafe which it does not deferve.. The. defence of the reft T cannot enter into, however I may feel difpofed to do. it, sbecaufe- that has been wifely entrufted to my learned friends,. who are more able, more learned; 4nd more experienced than myfelf, one of whom has done himfelf immortal honour already, and I am for that has “alivays ftruck ‘me .as‘a material . part (of ‘his ‘charaéter, ' T contmued my converfation with him, during the remainder‘of ‘my. ‘paf- faves after we ‘returned ito the boat, IT found he was Hikewife going to Cork; where I was°going to my regiment. “It was much my wifh, that°he fhould) accompany me* there, from what Ivhad feen of him, and >in order:to induce him to it, I told himp Mr. O*Connory Tam going to Cork, F “find you are going there, and that your friends ‘live in that part ‘of the country, I fhall ibe extremely obliged to you, if you ‘will take the place of my permitted'to. ftate: that; cbut ftom great intimacy with Madam De Sillery; «with whom Lady Fitzgerald was brought up, I had» opportunities of--knowing her and her conneCtions very intimately, as oprevious toher going to» France, fhe had fpent-a month: at my “Houfe. in°the country,..with Lady Edward. Fitzgerald; then called: Pamela, and had confulted with me many times upon the'fubject’of*this lady’s portion in France, which fhe wifled*to-withdraw. from France,.and place upon fecurities here, or inthe English funds ; when 45 ) when fhe was driven from Paris at an hour’s warning, I had a letter from her" Mr. Garrow: We cannot hear that:we take it from you, that fhe had property in France, Mr. Sheridan. Lord: Edward Fitzgerald has been in snlBluit of theiproperty; andit never has been recovered. Richard Brinfley Sheridan, Efq: Crofs-Examined by Mr. Garrow. Mi Whethet you happen:to-be acquainted’ with any friend ai Mrs O’Connor’s, ofthe name of ‘Captain Jones: orhad Wi, ©’Connor ever introduced fuch a perfon to you? 4. | muft be allowed ‘to ftate, thatowhen DPD advifed. Mr. O’Connor to leave this kingdom, he urged to-me+that he was eonfident he. fhould:not be permitted... Ladvifed-him to ¢o to Yarmouth. Mr. Garrow: My queftion is, whether it had: haphateayl that Mr. O’ Connor had:ever-introduced'to: your acquaintandée: any friend of his, of'the name of ‘Captain Jones? 4, He did not. 2, Whether Mr. O’Connor-ever informed you that’he'was intimately acquainted with any ‘perfon’ in» England; of the name of Captain Jones? 4, He: gave me reafon ‘to believe, that: in his attempts 'té leave England, he might form acquaintances that he would not otherwife do: of - Q, That isnot an anfwer to my queftion, » I muft takd the liberty of repeating it: Whether Mr: O’Connor ever informed ‘you that he was intimately acquainted with any aes in. ed land, of ‘the-name.of Captain Jones ? > A. 1 cannot-charge my memory 5 I cannot fay that/he igh not:mention’ Captain*Jones: to: me: rst + QP Did’ Mr: O?Connor eversintrodice-to' your i ig any ‘friend-of his “whom ‘you‘knew> by the-name-of conan ie #2 Certainly note - 2, Or Quigley? 4s) Certainly not. tecesong bast’. gonaeTe € 4% } 7 Bi Dr Fireye- Se (sf fis ies os eile Mr. Sheridan. Y ou mean ptetonat introduction? ef ¢° dreGarraw. es; at prefent. Ady. Sheridan. Certainly not: 2. My queftion now is—whether he had never informed you that he was acquainted with any perfon in England, of the name of O’Coigly? Mr. Sheridan; 1s thé queftior’ confined merely to the name of O’Coigly ? Mr. Garrow. Yes, my queftion is—whether you were ever informed by Mr.,O’Connor that he was intimately acquairited . with a gentleman whofe name was O’Coigly, or Quigley ? A. T think not. 2, Or whofe name was Fivey? A. I think not. ) Mr. Fufice Buller: Had you any teafor frorn Mr. O’Con= nor to know that he was acquainted with a perfon known by either of thofe names? ’ A. I think none of the names were ever mentioned ‘to me: Mr. Fuftice Buller. Whether in any of your converfations Mr. O’Connor gave you to underftand that he had made an acquaintance with a perfon known by thofe different names? _ A. If Tam, afked. whether I have had an intimation from Mr. O’Connor, that he may have made an acquaintance with a perfon who’ might’be the means of conveying him ‘out of the kingdom; he being apprehenfive that he {ould be {topped at any port, if he went in his own name, I fhall fay he has mentioned fuch a perfon, but, upon my honour, and my oath, Ido not recollect.that ‘he idiftin@ly named. who. that perfor was, 5 1 Mr, Fuftice Buller. Whether he gave -yow.to. underftand that he had made'an acquaintance. with fuch a-perfon? * soi Ae I think moft diftin@ly that he had. I meant to: have ftated athat,:if- I had been fuffered -to goon with my evidence at firft. Mr. Garrow. Are you at.all acquainted with Mr, Binns? 4,1 may have met Mr. Binns, and may have-fpokeh, to him, as I frequent popular focieties very: much,” but I’ have noteany xecollection of him, I really will not be pofitive,be- caufe ( 417 ) | caufe many gentlemen apply to me, as many, petforis dé td thofe who are fuppofed friends to the. popular caufe, upon any fubject which they think may have been of fervice, he may have been at my houfe ; I do not know whether he has, 2, But my queftion is whether he is acquainted with you? A. I may have been fpoken to by many people that I do not recollect. 2. Perhaps 1 may venture to fuppofe that Mr: O’Connor had never introduced Mr. Binns to you? A. Certainly not. ahaa 2, Nor informed you that he was acquainted with fuch a perfon? A. I beg in fairnefs to anfwer that queftion again—under the general intimation given to me. by Mr. O’Connor, upon his rejecting my advice to go openly to Yarmouth, and to go under his own name to Hamburgh, he intimated tome that his dread of being fhut up again in prifon in Ireland was fuch, that he was endeavouring to ufe means to fet his foot on the Conti- nent.in any way. that he could, 2, But did he make any communication which pointed to the prifoner at the bar, Mr. Binns ? A, By the name of Binns, I fhould think certainly not. 2. Nor defcriptive of what Mr; Binns now turns out to be? A. Certainly not: 2, Inthe latt vifit which Mr. O’Connor made to London, - and the various refpectable focieties in which you met him,whe~) ther you.met him by the name of O’Connor? 4. Never by any other name whatever. Richard Brinfley Sheridan, Efq. Re-Examined by Mr. Dalla:: 2; Did I underftand you rightly, that you advifed Mr. Connor to take another name in going out of the kingdom? Mr. Garrow. No, quite the contrary ; Mr. Sheridan’s advice was to go to Yarmouth in hisown name, and ftom thence ta Hamburgh. Mr. Dallas. Do you know whether Mr. O’Connor evér be- longed to any political fociety in this country? 4. I have-underftood from Mr. O’Connor that he avoided Ee all ( 418 ) ; all political’ focieties inthis country ; and’ what: particularly prepoffefled me in his favour, was, that I never met with any man who was fo determined in reprobating the idea of any party or body of men in this country, under any pretence of grievances whatever, encouraging the idea of French affiftance. In my life T never met with a man more’ fteady in that idea. Mr. Attorney General. When a queftion is: afked—Do you know whether Mr. O’Connor ever belonged to any political fociety in this country, I fhould think the anfwerto that would be much fhorter. A; With great refpe& to the learned gentleman, TI thought I had unjuftly and negligently omitted a circumftance in my gene- ral opinion of Mr. O’Connor’s chara€ter, which I ought not to have omitted, and I took that opportunity of fetting it right. Mr. Dallas. Did you ever obferve any change in’ Mr. O’Connor’s political fentiments and conduct ? A. Never in the flighteft degree, excepting, if it may be called a change, that I underftood, and with regret, that his apprehenfion of being apprehended and fent over a prifoner to Ireland; put him upon fome fchemes to get away,” his friends very much lamented that he was driven to any fuch necefiity. “9, Did he continue to live up to that time upon the fame footing of intimacy and regard with thofe friends with whom he had affociated before? A; Yes, and every one had the fame feelings with refpect to his endeavouring to get abroad by any means that were in his power. His Grace the Duke of Norfolk. (Sworn. ) Examined by Mr. Gurney. »»Q, My Lord Duke, are you acquainted with Mr, O’Connor! A. I faw-him.at two.different times about two, years, fiance. 2. In what company did your Grace fee him? 4, He. came to fee me one morning, and we had fomescon- verfation upon the fubject of a fpeech he:had made in the Houte of Commons in Ireland; he canie to fee me from a with cx- prefled on my part to be acquainted with him. 9. Nid € 419 ) 9; Did: you fee him in any company afterwards’? 4.1 afterwards:dined where he did, at the Earl of Suffolk’s: 2; Had» you any opportunity, my Lord Duke, of knowing the character of Mr..O’Connor? A, No further ‘than what 'miight arife from thofe two occas fions of meeting, 2; Then from what you know of Mr.Q’Connor, what do you apprehend to be his character? and general report. 4.1 cannot remember the particulars of any. converfation, but I confider him as a gentleman a€ting warmly in the poz litical line, and attached to conftitutional principles in the fame way as myfelf. Michael Angelo Taylor, Efg. (Sworn.) Lxamined by Mr. Gurney. 2, Are you Sir, acquainted with Mr. O’Connor? A. J have. been acquainted with Mr. Arthur O’Connor,.1 fhould think near, three years, it was either from the end of the year, 1795, or the beginning of the year, 1796, 2. In, what fociety have you generally met Mr..Q’Connor ? A. I have generally met him, and indeed my firft) acquain= tance with him commenced.in the fociety of the perfons, with whom, in political opinions, I have the honour conftantly to act, I mean the fociety of Mr. Fox, the Duke. of Bedford, Mr. Grey, and a variety of other moft honourable men, with whofe pelitical opinions I have always agreed, and fhall conti- nue to agree. 2, Had you an opportunity from your knowledge of Mr. O’Connor, to know what his political opinions were? A, I have ;—my opinion of his political opinions is, that he was attached to the principles upon which the Oppofition in this country is conducted; and I look upon thofe principles to be-the true principles which feated our prefent King upon the throne, where, I hope, he will long continue. Q¥ Did you know. Mr. O’Connor, down to the period. of his being laft in. London? Ee 2 Me dedia ( ap ) A, 1 did‘not: know Mr. O’Connor: for the» laft- fix months during the time: he was:in England, from an accidental circum- ftance; I was unfortunately laid up with a long illnefs, or I thould moft probably have done. all I could to have regained his, knowledge, and to have refumed his friendfhip. 2, Did you ever know of any change in the political opi-~ nions of Mr. O’Connor ? ‘A. None. 2, Did you ever hear him ftate any principles:at all adverfe to the conftitution of this country ? A, Far from it. 2, Any principles favourable to an invafion-of this country ? A. From all I know of Mr. O’Connor, and Ido, declare it moft folemnly,. I fhould think. him one of the laft men to plan an invafion of this country, or toact in any manner bafely to it. 2, Was Mr. O’Connor a'man of an unreferved open: cha- racter, or of clofenefs and diffimulation ? A, He appeared to be a man of uncommon opennefs of cha- racter, in all the converfations' I ever had with him. 2, What did you conceive to be the nature of his friend- fhips; cold or warm ? A. Exceedingly ftrong ; I.can only fay, I-beg to add, that I have looked upon Mr. O’Connor in private life to be:a man of the moft amiable manners and moft honourable intentions. The Right Honourable Henry Grattan... (Swowp.) Examined by Mr. Gurney. 2. You are acquainted with Mr. Arthur O’Connor ? A. Yes. 2. How.long have you been acquainted with him? A. Ihave been perfonally acquainted with Mr. O’Connior fincethe year 1792/1 knew him by character before, but have been well acquainted with him fince that time. , 2, Has your acquaintance with him enakled-you to. fn: z judgment of his political opinions? A, Yes, I think it has. 2, Did ( “ea )) 2. Did you ever hear any opinion from him which led’ you to fuppofe ‘he could favour an invafion of his country by the French? A: No, rather the contrary. 2. What do you conceive to be Mr. O’Connor’s private character ? 4. A very good one, 2. 1 underftand he was formerly a member of the Irjfh Houfe of Commons? A. He was. 2. Were you a member at the fame time? A. At the fame time. 2, Had you any opportunity of knowing whether Mr, O’Connor’s character was referved or unreferved ? A. I think his character ‘was unreferved. <2, And you have had an opportunity of forming a judg: ment of what his character really was? A. I think I have. The Honourable Lord ‘fohn Ruffell. (Sworn.) Examined by Mr. Gurney. 2, Is your Lordfhip acquainted with Mr. O’Connor ? A. Jam. 2; How long has your Lordfhip been acquainted with him? A. I had the honour of knowing Mr, O’Connor in the year 1796, arfd this year. 2, Has your Lordfhip had opportunities of frequently fee- ing and converfing with him, and forming any judgment of his character? A. T have been in Mr. O’Connor’s company feveral times. 2, What has “your opinion been of his opinions’ and cha- racter? : A. TV have always had ‘a very high opinion of Mr. ‘O’Con- nor’s principles and charaéter ; I‘conceive his principles td be the fame’ as thofe-which havevalways euided ‘my’ own -con- duct, to be in favour of a found) rational, and'conftitutional liberty. ne § Ee 3 2, Did ( °422 °) 9, Did you ever difcover in\Mr. O’Connor any fentiment favourable to an-invafion of this country by the French? A. Never. i Q. Did Mr. O’Connor live in habits of intimacy with the fame perfons as your Lordfhip? A, He did. 2. Was that the cafe during his refidence in England, in the prefent year? A. Yes, J have been in his fociety three or four times in the prefent year, always in the fociety of thofe perfons. 2. Was Mr. O’Connor received and treated on the fame terms of intimacy and regard as he had always been by thofe perfons? A, Yes, he was. 2. Ido not know whether you can inform the Court whe- ther it is not the cuftom for perfons abroad to travel in’ uni- form ; perfons who are not military men? A. It is the common practice, and I did it myfelf in the years 1795 and 1796, fome time after I had quitted the army, and ceafed to hold a commiffion from the King. 2. Your Lordfhip took with you a military drefs ? A. 1 did, and wore it at the time when I had ceafed to be a military man; it is a convenient and a common practice. The Right Honourable the. Earl of Thanet... (Sworn, ) Examined by Mr, Gurney. ®. 1s .your Lordfhip acquainted with Mr. Arthur O’Con- nor? A. Tam, 2. How long have you been fo? A, I was acquainted with Mr, O’Connor about three years ago, 2; In what fociety has your Lordfhip generally known him ° A, Vhave generally known him in the fociety of my friends, 2,-Will your Lordfhip have the goodnefs to ftate who they are? alr A, Mr, ( 423 ) A, Mr..Fox,,Mr. Sheridan, Mr, Grey, Mr. Francis, Lor Robert Spencer ;, generally thofe perfons who are in the Oppofition in both Houfes of Parliament, Mr.,Garrow. ‘That need not be repeated by every witnefs ; when afked if he has feen the prifoner, it will be taken for granted that it was in the moft refpeCtable circles. Mr. Gurney. Have you had an opportunity of forming an opinion of Mr. O’Connor’s charaGter and principles? A. LU have the higheft opinion of Mr, O’Connor’s character. 2, Haye you been enabled to form a judgment of his politi- — cal opinions ? A. 1 always underftood, both from his converfation and from others, who were perhaps more acquainted with him than I was myfelf, that he entertained the fame political fentiments as every one of the Oppofition. i a 2, Have you.ever obferved any change in thofe ae ood A. Never. 2, Has your Lordfhip ever obferved any opinion: or princi- ple of Mr, O’Connor that could lead you to fuppofe he had a with that this country fhould be invaded by the French? A. Never. 2, Had you given Mr, O’Connor any inyitation to. your houfe ? Hy Ses. 2, At what time ? A. As near as I recolle@, about the month of February laft. 2, Your Lordfhip has travelled on the Continent ? A.V have. 2. Do you know whether it is a practice for gentlemen who are not military men, to travel in regimentals? A. 1 had regimentals made myfelf, every. body I was ace guainted with alfo had regimentals. 2, I believe my Lord you never were in the army ? 44, Never, Re4 he ( 424 )) “O° The Right Honourable the Earl of Oxford. {Sworn.) Examined by Mr, Plumer. 2, Whether your Lordfhip is acquainted with Mr, O’Con- nor? 3 A. Perfeétly. &, What is the charaéter of Mr, O’Connor? A. That of a perfectly loyal man. 2. Was he a perfon much attached to his friends, or the contrary ? | 4. Perfectly attached to his friends. 9. Have you eyer obferved any marks of duplicity or re ferve conftitutine his charaéter ? A. Direétly the contrary. _ &, Did you ever obferve the leaft appearance of his haying any difpofition favourable to the French? 4. No, directly the contrary. The Right Honourable the Earl of Oxford, Crofs-Examined by Mr. Attorney General. “2. -Your Lordfhip faw Mr. O’Connor probably in’ the month of February latt? A. J did. ““Q.Do you know any of the other prifoners ? ef. I do not, “2; Do you know Mr. Binns ? ‘A, Ido not. 2, Did Mr, O'Connor mention to you any of the other pri~ foners? A. He did not. Samuel Whitbread, Efg. (Sworn.) Examined by Mr, Gurney. &, Are you acquainted with Mr. O’Connor? | A. I am. 2. How-long have you been fo? 4, I became { 425 } A. I became acquainted with Mr. O’Connor :in the -begin= ning of the year 1796. . 2, Has your acquaintance with himeenabled you to form a judgment of his character and principles : A: I think it has. Q. Be fo good as ftate what they are? 4, I think Mr. O’Connor to be a. man of amiable manners in private, and of an honourable and independent mind ;~ his public principles appeared to me to be the fame as my own; from the converfations that I have had with him, and from thofe which he has had with other perfons when I have been prefent, I colle&ted that he was a friend to the conftitution of this country, that he faw the exiftence of abufes. as I did, and wifhed a reformation of thofe abufes, by the means of Par liament. 2, Whether you ever heard any thing from Mr. OQ’ Cérinos which could lead you to fuppofe that he could with for an in- vafion of this country by the French? A. Quite the contrary. Mr. Plumer. We have fome more wrnningmés) but I could wifh to fave your Lordfhip the trouble; my TedPhed friends know, I believe, that there are feveral other gentlemen “at- tending. Mr. Garrow. Your. faying it is enough, Mr. Plumer, Mr. Plumer. Mr. Grey, my Lord Lauderdale, and feveral other gentlemen attend to give the fame teftimony. ' Mr. Fuftice Buller. Y ou have gone as far as character can 20. Mr. Plumer. We have thofe perfons willing. and defirous to be called here to atteft Mr. O’Connor’s character. > Mr. Garrow. Wewilltake it fo; it will be underftood >: from your ftating it, that there are many more gentlemen equally refpectable. The End of the Evidence for the Prifoners. " MR. DALLAS. ( 426 )) Mir. DALLAS. May it pleafe your Lordfhip, Gentlemen of the Jury, ‘The evidence being now clofed, which it -has;been thought neceflary.to trouble you. with in fupport of the defence, it be- comes my duty to recapitulate that evidence, and,to make fome obfervations upon the whole of this cafe. And, Gentlemen, I can: with.truth affure you, that the fituation in which I now ftand; has, for.fome time paft, to the exclufion of almoft every other thought, and to the extinction of almoft every other feel- ing, occupied my waking, and, I may add, my fleeping houts. Gentlemen, you-will alfo give me credit. when ‘I fay, that,I rife to addrefs..you, already greatly exhaufted by the length,to which this trial has proceeded, enervated to a confiderable degree by the anxieties which have unavoidably attended.the progrefs of fo importanta.cafe, and by other circumftances, which. it is wn- neceflary to ftateto you, and feeling, in common.with, every gentleman with whom I have the honour to, be joined upon this.occafion, a degree of folicitude beyond what I have ever /yeteexperienced in. the,whole courfe of my. profeffional life, Gentlemen, confult your own feelings, and you. will find,,no difficulty in giving .me-the fulleft credit. for what 1. fay, when you sefleQ, that I have to obferve, inthe laft inflance, upon a cafe of this magnitude, to confider the various evidence which has been given: to fupport and te repelthe charge,, and that in this moment, in fome degree-at leaft, depends, upon my-feeble efforts, the defence of. the five feveral perfons who now, ftand before you, charged with the higheft crime which it is poflible for fubje&ts to commit, and doomed, in the courfe of .a very fhort time, to hear from your lips a fentence of life ordeath, Gentlemen, the charge of) which they ftand accufed is High Treafon ; not confifting in facts. of that equivocal nature which, in the opinion of fome men, may amount totreafon, while, in the judgment of others, they may prove of a different quality— fuch as the trials that have been already alluded to in the courfe of this day, when the Attorney General, nodoubt, honourably in Aat ( 427) in the exercife of his office, thought it right to impute treafon to thofe men, whom Juries, acting no doubt as honourably in the difcharge of their office, thought fit to acquit ; not confifting, I fay, in acts of this equivocal nature, but in facts of that fort, which if they are eftablifhed by fufficient evidence, I agree with the Attorney General, muft, in the opinion of every man who lives, be confidered as amounting ‘to treafon,:and if there be degrees in treafon, to treafon of the) worft and of the higheft fort. Gentlemen, when I fay this, it leads me to an obfervation that you have heard more than once in the courfe of this bu- finefs; but it‘has been truly obferved by a celebrated moralift, that there are fome truths fo important, that they never can be- come ftale from repetition: and of this nature moft undoubt- edly are thofe truths, of all others, the moft important, which relate to the adminiftration of criminal juftice, and which, vin the adminiftration of that juftice, concern the life: of man. You haye been truly told, that in proportion to the magnitude of the offence, to the enormity of the crime, fo ought the evidence to be plain and to be ftrong, and I truft there is’na man among you, who, at this moment, is not fully fatished, that nothing fhort of complete demonftration, by which Iamean moral certainty, can juftify you to your country, to the ac- cufed, to your confciences, and to your God, in pronouncing a verdi@t againft them, or againft any one of them, that is to have the effect of depriving him of his life. This is not a rule of evidence drawn from the abftrufe my teries of law; it is not a maxim of artificial and technical re- finement: it is the firft rule of reafon and humanity ; it is the living principle of eternal juftice; the volume in which it is written, is the heart of every man who has a heartof flefh and blood within his bofom. But fortunately for the honour of the law of England, happily for the adminiftration ofvits jut. tice; the written law of the land, the commentaries ‘of the moft enlightened lawyers, the decifions of the moft re(pectable Judges, all are but fo many fplendid comments upon’ this great and important principle. ‘The ftatute upon which this charge is founded, bears it upon its hallowed-page, written in plain and Se ( 428 ) and indelible characters.Who fhall be attainted of open treafon? No man, fays the law, except -him who fhall be thereof provably attainted, of open deed by perfons of his own condi- tiont.--The word of the ftatute upon which this inditment is founded, is not probably but provadbly, and in what manner, Sir Edward Coke, the firft authority upon every fubject that re- lates tothe law ‘of England, has laboured the’expofition of this‘important ‘term, you have already heard fo fully from my Jegrned friend who has preceded me, and who made that addrefs to'you, which will, Iam confident, not only do him immor- tal honour, but which, [traft, will prove in the event as bene- ficial an addrefs as it was pofible to make for thofe who greac- cufed; that I fhall not trouble yaw with much obfervation. Gentlemen, in explaining this important word in the: fta- tite, Sir Edward Coke, defires that all perfons who may have occafion to confult it, that is all men who fhould be placed in the fituation in which you are now called upon’ to: agt, would take notice of the important diftinétion that there is in the ftatute, between the word provably and the word prabably, applying to the manner in which the charge of High Treafon is to be eftablifhed.. Gentlemen, I have before me the wards in which he exprefles himfelf upon the fubje&. By provably, hefays, is meant, that it is upon direct and manifeft-proof; not upon conjefture, or prefumptions, or inferences, . or ftrains of wit, but upon good and fufficient proof; and then he fays, the reafon why plain and dire& proof is required—why inferences, why prefumptions, why ftrains of wit are excluded, is, that the’offence'is punifhed in that manner fovheavily, andfo fe~ verely, ‘as there is none other the like, »As, therefare}the! pus nifhment is fuch, that there ‘is none other the like}: fovfays::this great luminary ofthe law of England, ought the! proof ‘to. be’ fich;°that it ought'to be more full, more*clear, *more nee than ‘is requifite in any other cafe, ‘Gentlemen, ‘this doGtrine is not ‘peculiar to the great Judge: to’whom-I have already: referred: your. I-have before’ me the writings of another eminent lawyer, to whom‘upon fubjects of this‘fort, we are peculiarly accuftomed to look up for informa- tron wait authority, I mean the work of Mr. Juftice Fofter, in hj ie) ( 429 ) his. difeourfe. upen the law of High. Treafon sand. in.which, not fpeaking of this flatute, but of another, but ftill:of .a) ita; tute which relates to. treafony I.mean.an. a@,-which pailed. in the reign of Queen Anne, by which it was enacted, ¢ thatif ‘any perfon-orperfons fhall..malicioufly, .advifedly, and di» ‘ re&tly, by writing or printing, declare, maintain, and afirmy ‘that the Queen was, not the lawful. or-rightful, Queen, of ‘-thefe realms, or that. the. pretended, Prince..of Wales, who ‘ now ftiles himfelf King of England, by. the name, of James ‘the Third, hath any right or title to the,Crown,of,,thefe ‘realms, sor that any other, perfon or. perfons hath, or have,any ‘right or title to the fame; fuch. perfon, or ,perfons fhall. be ‘ guilty of High Treafon.’——Mr. Juftice Pofter, in comment. ing upon this ftatute makes this obfervation, ‘In no cafe,can a ‘ man be argued inte the penalties of the act by inferences and © conclufions:drawn from: what he hath affirmed, the. criminal ‘ pofition muft be direcly, maintained to,bring him . within;the “ compafs' of the act.’ But, it»may perhaps be .afked;, what -is. plain. and. dred proof as applied to a fubje&t of this fort? It is faid to be,dan- gerous, and certainly it is, ‘at all times, difficult to define, L will not:therefore attempt it; but fuffer me to endeavour, at leaft, to illuftrate the fubje& by having-recourfe to the writings of an author, who. has more thoroughly, than, any other, in- veftigated the nature of the human mind,.in-order,to,afcertain the foundations. upon which belief and judgment. ought, to de- pend. I mean the celebrated Mr. Locke, in his. Effay. uper the Human Underftanding. » Providence, -he fays, has»for-the moft part, that is in matters of common concernment, afforded us only, what he calls the twilight of. probability); and, .4¢a- foning with the reverence; that it became, him to do upon,this, exercife of the divine will, he flates, that. it, was -prebably adapted to the ftate of mediocrity in which we are placed-here, that by being made everyday fenfible, of our own fhortfight- ednefs and liability to error, it might check our pridé, pandyre-: {train our arrogance ; but-he adds, there are fome things which God has, put in the broad. day-light |. Gentlemen,,treafon: is not a matter of common concernment--whether-the five per- fons ( 430 ) foriss*who now ftand before yow {hall live or die—live honourably or die’ ignominioufly—this is not’a matter )of common concernment to'be judged of, by what Mr. Locke calls’ the, twilight of probability—it is one of thofe things which, by the ipecial ordainment of Providence, to be col- lected from the reafon, and from the feelings beftowed upon man, ‘muft ‘be put in the broad: light of day—that isthe mind ‘mutt receive the fulleft affurance that it is ca pable of acquiring upon any human’ fubject. whatever. Gentlenien,you will do me the juftice to obferve, that as far'as I have hitherto proceeded, I, have been extremely Gautious, from refpect to you, and from .a regard: to othe perfons' who are accufed, to ftate nothing to. you from» 2 perfon® fo infignificant as. myfelf.. When I have. talked-to you of the evidence by which thecrime is to be eftablifhed, whichis as much a part of the law as the crime itfelf,, I have in’ every inftance -referred you: to authority, and I have ftated to you the exprefs words in» which that .au- thority is contained. Ivhave referred.you to the language of the’ ftatute, to the commentary of Sir Edward Coke, to the’ doctrine of Mr.. Juftice Fofter, and having now, as I humbly’ conceive, fixed and afcertained the great princi- ples by’ which you are to proceed to the inveftigation of this caufe, 1 will come immediately and directly to that which forms the fubject of the charge. Gentlemen, it feems to me that the whole of this cafe may be divided into three diftin@ grounds of confideration: the charge; ‘the law upon which the charge is.founded; and the evidence: given in fupport of the charge, and of the defence. ‘Fhe indi€iment. before ‘you contains the charge, and it con- fifts of different forts of ‘T'reafon-—but chiefly compaffing the kine’s death,’ and adhering to the king’s enemies. And. I admit, that’ adhering ‘to the king’s enemies, is in point of law, compaffing the king’s death upon this. plain principle, thatevery man fhall be prefumed to intend that-which is the probable confequence of the. act he does ; and it is a proba- ble ‘confequence of the a&t done, that is ian adherence te the ( 43r ) the ‘king’s enemies for ‘the “purpofe* of invading’ the! -realiti, that ‘the death of the king may be thereby” produced. Gentlemen, 'thefe ‘treafons are’ material for your confideras tion, becaufe’ you’ will find, that though the indi€@tment flates the fuppofed offence in different ways, yet ftill in fenfe’ ‘and fubftance the whole ‘of this’ cafe, as no doubt ‘you have already perceived, will finally refolve itfelf into the main allegation of 'a treafon confifting in an adherence to the king’s enemies ; that 1s, adhering to the king’s enemies ‘Is the pre- cife offence, which the indictment imputes to’ the 'feveral perfons who are now upon their trial before you; it is that of which you 'muft be fully fatisfied before you can find them’ guilty of the crime afcribed to them by the charge. But} Gentlemen, this is not ‘all: Every charge of this fort, befides fpecifying the particular fpecies of treafon, muft al ledge the overt-aéts, by which the intention of the mind is pretended to have been made manifeft.. This’ indi&tment, therefore, does alledge certain overt-acts of treafon, and’] am fure, that when I ftate to you, that none but thefe overt-acts of treafon can be the foundation of your verdict, I fhall have the acquiefcence of the learned Judges before whom this indiétment is now tried. Gentlemen, I do not mean to deny, that one overt-act of treafon may be evidence of another. But what ‘I mean to contend is, and J truft with the authority of the Court, that though’ they ‘fhould eftablifh any number of overt-acts of treafon, other’ than thofe {tated “in the inditment as evidence of the acts ftated in the indi@ment, fill, if the aQs flated in the indi&ment are not eftablifhed by that evidence, you mut put every other overt-act of treafon entirely out of your con- fideration, fo that the cafe is reduced to the fimple confi- deration of thofe fa@s which are ftated as the overt-acts of treafon upon the face of the charge. “All the other circum- {tances which have been given in proof before you, are no other than collateral faéts made ufe‘of by way of teftimony, in order to eftablifh the exiftence of thofe overt-aéts which are alledged’ inthe body of ‘the indictment. Gentlemen, having therefore ftated this for the purpofe of 3 makir g ( 432 ) inaking you diftinctly underftand, in the outfet of the few obs fervations. with. which Imean to trouble you, what is the charge which you have to try, and what are the princi- ples. as. applied to. the evidence, and as applied to the in- dictment,.. by’ which your. enquiry muft be conducted come now .directly to confider the nature of the overtzacts themfelves, Gentlemen, upon all oceafions there is nothing that con- duces fo much to the inveftigation of truth .as fimplicity. It is impoffible to do juftice in acafe which we do not thoroughly underftand. . I will therefore endeavour, diftinctly and clearly, and in {uch a manner that not one of you fhall, for a moment, be at a lofs to comprehend what is the cafe that you have to try, to bring you now to a clofe and correct confideration of the imdictment which lies open before me. Gentlemen, upon this indictment the Attorney General has ‘truly ftated. to you, that a great number of different overt-acts are alledged, the number being, for the reafon which I fthall prefently flate to you, - perfectly immaterial. "The overt-acte alledged, I believe, are, in number, feven, but whether more or lefs, is not material, as I fhall hereafter explain to you, as to the purpofe of the prefent enquiry. Gentlemen, the chief overt-act which is ftated upon. this indictment, and to which all the evidence applies, relates to a paper-writing of a certain defcription, and to which is imputed a {pecific quality, which I fhall prefently examine more at large. . But before 1 proceed to analyfe the fub- flance of this overt-act, I will-take the liberty of ftating to you, that the other overt-acts which relate merely to the different attempts made for the hiring of a veffel, are fub- ordinate and auxilliary; that is, they are charged as the mieans made ule of to carry into effect the traiterous imten- tion which. is alledged in the count, which imputes to thefe perfons: the .poffeffion of a certain paper-writing, intending to convey it to France, and. to. procure an invafion of this kingdom. ‘Gentlemen, the count to which I allude, -is. that. which {fates that the feveral perfons at the bar, Mr. O’Connor, Mr. ( 433.) Mr. O’Coigly,. Mr. Binns, and the two-perfons who ftand: behind, did..confpire; confult, and: agree to, procure and. ob- tain, and.,in their,cuftody..and pofleffion; conceal and - keep a.. certain. paper-writing.., The indictment then, fets forth the nature,of that writing, alledging that it was of -a;fort to. convey. intelligence tothe .enemies.of . the» country,+and by means of that intelligence, and,of the incitements, which the paper contained, to exhort. and to encourage: them to an invafion. of this realm, that is, of England. 1 fay of Eng- land, as..the.evidence applies. to. the charge; becaufe. the term,.realm,. would otherwife. include Scotland alfo, :but. as certainly. excludes, Ireland. Gentlemen, you perceive therefore, that in this cafe, ice overt act alledged.is. of a confultation, confpiracy, and agreement, the nature of that con{piracy and agreement being alledged by the in- di@tment to procure and obtaina certain writing, which it ftates, and then it goes onto alledge, after fpecifying the contents of the paper, that the intent. was to convey it to the enemy, in order.to induce them.to make.an invafion of England. In the intent, therefore, of inducing the enemies of this country, be- ing of a particular defcription, that is, the perfons carrying on the government of France, by the defcription of the Executive Direftory, of France, to invade England, and acts alledged, to have been done in profecution of that intent, confifts the whole of this .charge. Gentlemen, .[. ftate. this hecanfe itnis extremely important that you fhould. be made fully fenfible of it. And in order to illuftrate: it, Iwill put.aftrong cafe for, your .confideration : I will fuppofe, for, the purpofe of argument, what is completely difproved, in» point of fact, -by.all. the, circumftances .in, the caufe, that there exifted in the mind of ,any one. of the feveral perfons now.on trial before you, intentions ofa treafonable nature with refpeét. to, Ireland—Nay, Gentlemen, Iwill go further, and.I. will fuppofe that.it had turned out upon this. 9c- cafion,, by the. cleareft of all poffible.evidence, that thefe feve.. ral perfons were concerned in aconfpiracy to induce the French to invade Ireland. Why, Gentlemen, I fay precifely, for that te very ( 434) very reafon, that it did fo clearly and certainly appear that they intended to procure'the invafionof Ireland, for that*very rea- fon, if in point of fa& this was proved’ beyond all doubt’ to be the cafe, you would be comipelled'to acquit them of this indi@~ ment, wHich imputes to them not an intention fo procure an invafion of Ireland, but an intention to procure an invafion of England; and it is your bounden duty to fay, whether they are guilty or not’ guilty of the particular charge. But 1 put this eafe ‘for the fake of illuftration merely, becaufe by and by you will mioft fully perceive; that there is not the leaft ground for eafting fuch an imputation, or any thing leading even: to fuch fufpicion, with refpect to any one of the perfons new at the’ bar! Gentlemens. I have-now fated to you the nature’ of the trea fon-which this indi@ment charges; and the overt aéts which are alledged as the means of carrying that treafon ‘into execu- tion. And having thus explained to you, and I hope clearly and diftinétly, the nature of the accufation, and the means by which it is to be made out, IT will now come, without further préface, to confider what are the fats of the particular cafe. And, Gentlemen, before I-go into the detail of the evidence, I will take the liberty of ftating to you what I conceive to be the general nature of this tranfaction. I admit that it does diftin@ly appear, from the evidenee that has been given, that the feveral perfons at the bar, were, at the time when they were apprehended at Margate, about to embark on board’a fhip, with the exception of one, whofe cafe ftands upon a different ground from that of the others, and which, by and by, ‘TI fhall have: oceafidn to explain to you. ‘Bat, with the exception! of “Mr. Binns, it does appear, that the other perfons «at the bar, Mr.’ O’Connor, Mr. O’Coigly, Allen, and‘Leary, were about to ems bark on’ board’ a veffel at’ Margate, at the time that they were’ apprehended. And I further admit, that there is evidence! bex fore you, that in a preat-coat pocket which is'ftated‘to belong to‘one of the perfons now at the bar, was*foundia paper which« has been produced ‘in Court, andis‘a paper of! that defcription® that ‘will maintain the overt a&t ftated: in the indiCtment, ‘pro=- vided all the’other parts ‘of that overt act can be ‘madesout 5's that ( 435) that is, that.it, was.a paper. in the actual. poflefion of the pete fon in queftion, by which I mean. his cenfcious. poffefiony, a: poffeffion confifting in his‘knowledge of the fa&. of theipaper being in, his pocket 5, or, in other words, I admit, that-if.you; are fatished that the paper was found in the-pocket wof Mr. O’Coigly;. if you are further fatisfied that he knew ofits being there, if you-are fatisfied that. he intended to convey -it to the enemies of the Crown, and if you are fatisfied- that it:was a paper of that defcription, namely, an invitation, from: perfons ealling themfelves the. Secret Committee of England; to the Executive DireQory of Frances then, in refpec, of all. thefe circumftances, undoubtedly this overt act would be.completely eftablifhed as to him. But the cafe, with refpe& to the other perfons; would -ftand upon a very different ground: for-even the cafe attempted. to be made upon the part of the profecution, confifts in this fpecific fa&, namely, that the-paper in quéftion was found; according to them, in the pofleffion of Mr, O’Coig- ly, and-Mr.-O’Goigly only. . Ieis not pretended that thete iis any reafon-to believe that the great coat belonged to any other perfons nor has.it been endeavoured to be proved, .norvevyen has it been-fuggefted, that the paper was put into:that pocket by the hand of any-one of thofe:other perfons, or that:there,is any pofitive evidence that it was there with their knowledge,: phivity;-and confent. .The cafe, therefore, thus fated,! will,: as: you obferve,, refolve itfelf again into very differentagrounds: of confideration. For J am perfuaded that \it) cannot “have, efcaped. your accuracy, ftillslefs that-of the learned Judges:who prefide‘on this occafiony that.the cafe.of :thefe different:perfons: ftands, in fome-refpects, upon grounds entirely diftiné:.» Ip will therefore-again be neceflary, for the purpofe of inveftigating the! cafes of the feveral prifoners, to prefent each feparately:before’ you, inorder to enquire what part each:may be:fuppofed to-have: had in ithe tranfadtion in queftion, as the evidence now ftatidss +; Gentlemen, in this order of, proceedingy the.cafe »which: naturally prefents itfelf the fir for your corilideration is the cafe of “Mr. Q’Coigly., Now. what. are::the scircumftances under which Mr. O’Coigly appears:before:you'?t Gentlemen, it appears that heis.a native of Ireland ; that.-he ~was a: -Prief, B.t2 there ; ( 436.) there ; that, for caufes which-do not diftinctly appear, but the nature of which is immaterial, he was obliged to quit Ireland, it being unfafe for him to continue there. And you have it in evidence, as I fhall by and by thew. by referring you to par- ticular documents, that. he continued in Ireland {0 late at leaft as the 14th of January, 1798. It is in evidence on the part of the profecution, that on that day a letter was written by Mr, O’Coigly;, to Lord Edward Fitzgerald. This. proves him to have been in Dublin upon the 14th of January, and it does not appear at what time he left it, fubfequent to that day. . Gentlemen, the cafe therefore of Mr. O’Coigly is not that of a perfon who had been ufually refident in this country, connected with any one of the political focieties which exift in the town of London, but the cafe of a.perfon, a native of Ireland, and proved to have been there fo lately as the period which I have already mentioned. The firft thing that will occur for your confideration, will be how happened it, that there was any acquaintance be- tween Mr. O’Connor and O’Coigly. And we have heard a great deal of crofs-examination from different quarters of the Court, fome from my friend Mr. Garrow, who is abfent, and fome from the Attorney General, enquiring of thofe, who were the moft intimate friends of Mr. O’Connor, whe- ther he had ever introduced to them a perfon, as his friend, ‘by, the name of Captain Jones? Gentlemen, with refpedt to the origin of the connection between Mr. O’Connor and Mr. O’Coigly, Mr. O’Connor, who is now upon. his trial, can give you no evidence; O’Coigly, who is now upon his trial, can give you no evidence; you muft therefore collect it.in the beft manner. you are able, from the circumftances which exift in the cafe, and I truft it will be deemed the leaft ex- ceptionable manner of collecting it, on behalf of the accufed, when I refer you to the evidence that has been given upon the part.of the profecution. Gentlemen, by the evidence given for the Crown, it dif- tinétly appears that Mr. O’Coigly was in the habit of ac- quaint. nse, familiarity, and intimacy, with Lord Edward Fitzgerald; that Lord. Edward Fitzgerald was in the. habits 2 of (es ep a : of clofe’ friendfhip with Mr. O’Connor ; and you find, that upon the 14th of January, there was a correfpondence, which is in proof, between Mr. O’Coigly and Lord Edward Fitz- gerald. It is alfo in evidence, that Mr. O’Coigly was obliged to leave Ireland for his own fafety. He was not in England when Mr. O’Connor firft arrived here. Then the natural prefumption arifing even out of the eviderice given upon the part of the Crown, is, that Lord Edward Fitzgerald, who was the friend of Mr. O’Connor, was the perfon owing to whofe introdu€tion of Mr. O’Coigly to Mr. O’Connor, they were afterwards found in the fituation which I fhall have oc- “eafion to defcribe to you. Now, Gentlemen, Mr. O’Connor might or might not be acquainted’ with Mr, O’Coigly- in Ireland, or he might re- ceive a recommendation of him in the manner I have fuggeft- ed. -Which of the two, will turn out to be immaterial for the reafons I fhall prefently give. It is enough for me to {tate, that it is not proved on the part ef the Crown, that there was an acquaintance, intimacy, or friendfhip whatever, between O’Coigly, and Mr. O’Connor, before a time fubfequent to the correfpondence between him and Lord Edward Fitzgerald. You find, then, that Mr. O’Coigly was obliged to leave Ire- land, and that when in England he intended to go to France. But before we come to the circumftances of the journey in queftion, you will recolle& that it has been proved, and I admit the fact was fo, that Mr. O’Coigly paffed in London by the name of Captain Jones, and that Mr, O’Connor. undoubt- edly did, from time to time, addrefs him by that name. Why, Gentlemen, if you confider this circumftance accurately, you will be of opifion with me, thata perfon who was obliged to leave Ireland becaufe it was unfafe for him to continue there, was precifely, on that account, not likely to’ pafs by his own ‘natne in the town of Londen. ‘The circumftance, therefore, of Mr, O’Coigly paffing by the name of Captain Jones is accounted for, by the fact, that it was unfafe for him to continue in Ireland, and for the fame reafon he meant to be concealed in London. ‘The caufe therefore which induced the afluming a falfe name, was his wifh to continue in con- 1 ie cealment, ( 438 ) cealment, and becaufe he thought his fituation ‘unfafe, if Re fhould be known, which might have happened if ‘he ‘had paffed by his rea! name. Wr. Solicitor General. Myr. Dallas aflumes, as a’fact, Mr. O’Coigly being obliged to leave Ireland ; we have’ no note “of fuch evidence. ~ Wr. Fuftice Buller. "The evidence was no more than ‘that the Orange party racked his father’s houfe twelve years ago, that was by a fingle witnefs, Stewart. Mr. Dallas. Gentlemen, I certainly was endeavouring to, ftate to you the effe& of the evidence that has been already given; always fubmitting to you, fubje& to the correction of the learned Judge, when the evidence comes to be ftated hereafter, whether the obfervations I make upon the evidence are warranted or not. But you will underftand me to be ftating what I conceive to be the effe& of the evidence ; that effet to be made out by the obfervations which I fubmit to. your confideration. It appears then to be clear, that Mr. O’Coigly was pafling by the name of Captain Jones; and ‘you have no evidence that during the time that he continued n London, he did belong to any public fociety, or connected himfelf with perfons of any political defcription whatever. But you have this evidence from Mr. Bell, that he never faw Mr. O’Connor, and Captain Jones together, till about ten days, I think, before the time when they fet off inthe Whit- ftable hoy, that is, on Sunday the 25th of February, when O’Coigly, in company with Mr. O’Connor, with the other perfons, “with the exception of Mr. Binns, embarked at the “Tower, and arrived at Whititable in the evening of that "Now T would beg leave, Gentlemen, to make’ this obferva- ‘tion which appears to me to be material for your confidera- ‘tion. “The cafe endeavoured to be eftablifhed ‘againft Mr. O’Coigly, ‘is the poffefion of this paper, and by poffeffion, J ‘mean that he knew it to ‘be in the place’in which it is fated to have been found, fuppofing the evidence which the officers ‘from Bow ‘Street have given to be true in this refpedt. Now to proceed by fteps. It is perfectly clear, that there is no’ evi- . dence dence upon, the part of the rare of any antecedent delivery of this paper by any perfon whatever to Mr. O’Coigly ;, there is no proof of his having been feen in the poffefsion of the paper ; there..is no evidence of his having read the contents ; and.the whole cafe is reduced in point of, proof to the fingle circumftance of its being found in the pocket of a great Coat, which great .coat is ftated at the time to have belonged to him. Gentlemen, the firft fact therefore ae your confideration will be, to.whom this coat belonged. For undoubtedly if it..did. not..belong to Mr., O’Coigly there. is an end of the charge as..it relates to, him, and of courfe a complete end of the charge.as it.relates to all the other prifoners.. With ref pect to the: fact, of the great coat belonging to him, here again if L.recollect.the evidence diftinctly, it ftands upon the a mony of.one. perfon only, and that is the witnefs Smith, who was mafter of the hoy, and who ftates that in the courfe of that day he. faw Mr. O’Coigly wear a light great coat, with a black collar,, which great coat I admit he has gone the length,of fwearing, he believes to be that which was produced to him, andthe great coat produced to him was that which the. officer had proved to have been found jn the inn at Mar- gate. mere Now I would paufe here fora fingle moment. “The eyi- dence of this man is merely evidence of belief. He. neyer had feen Mr. Q’Coigly before ; of cqurfe-he had had no opportu~ nities of obferving his.drefs; he was on deck where there were the other, perfons occafionally, who are now at the bar ; then 1 put it..to you to fay even if this man had fworn in the moft pofitive manner that he knew the great coat to be the fame, inftead. of having merely faid, as J underftood him to ,haye faid, that it was a great coat, like that, produced to him, but fuppofing him, to have politiyely {worn that it was the fame great coat, I afk you whether you would go the length of believing a man who, having had no opportunity of particularly examining it, having made no mark upon it at the time, judg- ingimerely from, its colour,and cape, I afk, you whether you would. conclude ,in, your minds, when the Jife of aman is at Pf 4 Lg ftake, ( 440 |) {take, that that evidence was fuch’ as you ought to act upon, or whether you would not conclude that it was {wearing a great deal too much from fo flight an obfervation as the colour of a coat, and the fingle circumftance of the collar being the fame.» As far therefore as any pofitive evidence’ is given from any living witnefs, it is:clear it is not that which “you can depend upon, as that fort of certain teftimony, which proves.the property of the coat in queftion, and'when life is «fo depend upon the fort of proof. =u oBut I admit the cafe upon the:part of ‘the ‘profecution does not reft here.’ ‘They have undoubtedly given evidence to you ofa paper found in the pocket of ‘that coat, and among others, ‘they have given evidence that the paper which ‘forms the fub- - ject of this indictment was, among others, found there. The witnefles have undoubtedly fworn’ that the paper was found there. But no perfon has endeavoured to fay by whom it was put there, and, therefore whether the paper was there with the knowledge of Mr. O’Coigly, or without his knowledge, that alfo is a mere inference that. you muft draw from the circumftances of the cafe, becaufe the cafe in that refpe&, as m every other, is totally deftitute of any pofitive evidence. “Ido not mean to contend that it is not peculiarly a fubjec& for your confideration from the facts that have been ‘proved, but I fay, that according to the nature of thofe facts, fo ought ‘the inference that you draw from them to be one way or other in favour or againft the prifoner. What then is the nature of the facts proved? All that they have proved with regard’ to the great coat is, that in the pocket was founda paper which is the paper in queftion. ‘They found alfo a pocket: book’in which there are different articles belonging to: Mr. O’Coigly, and this great coat was found in the room of an Inn; where it had continued all night, the prifoners having flept'in a‘dif- ‘ferent apartment. Now this is° the whole ‘of the evidence that-is given on the part of the profecution in order to’prove the pofleffion of this paper by the prifoner, Mr. O’Coigly, with whiscown knowledge, and from’ which knowledge, “you are: de- firedto infer the intention of delivering it into the hands: of the enemys: Undoubtedly: it' is for you! to draw the inference. iq I can (441) I can only ftate the fats to you, and ftate them correctly; tor would I wifh to pufh any obfervations upon this “part of the cafe beyond that which it fairly warrants, becaufe feel that I fhould be rendering no fervice, either to) the’ particular ‘individual whofe cafe is now under your enquiry, or to the other pérfons taking their trial with him. But the queftion for your confideration will be, whether under the evidence given ‘on the part of the profecution, no perfon’ having -beem called to prove this to be the drefs-he generally -wore, momperfon being called to | prove that he knew of! this paper being ‘in his pocket, no perfon having been called to prove thatvit is in the hand writing of any one with whom he was acquaint- ed, the great coat being proved to have been in’the*open‘room of an Inn’ during the night, it will be for you to fay; whe- ther, under all thefe circumftances, you are fo eimanes con- vinced of the exiftence of this’ paper in-the-pocket of Mr. O’Coigly, with his knowledge, for the purpofe ftated \in the indiétment; that you muft find with refpect to-him the allega- tion of the indictment: fully: proved, that:is, that he: had*it in his cuftody and poffeffion, and had it for the purpofe ‘of conveying it to the enemy in order to fend them intelligence of the ftate of this country: Thecircumftance of its being in pofleffion of Mr. O’Coigly, with his knowledge, becomes ftill lefs probable, if you 'confider ‘the extraordinary fact that has been proved by one:of the wit- -neffes; who has been alfo called upon the part of the Crown. ‘For I am: fure you ‘cannot have forgotten, that one of the witnefles from Whitftable exprefsly told you, that. in a:con- verfation which he had with O’Coigly, he mentioned to: him that the pedple at Whitftable were in a ftate of diftruft, which is, in other words, that they fufpected.them to bein the profecution of fome improper purpofe.. Now. that’ con- verfation is extremely material in this refpect, namely, that it does” not’ profefs to have been addrefled to any of the‘other prifoners, becaufe then O’Coigly might have heard it-or not, but the converfation is addrefled to O’Coigly, and not to the -other’ prifoners ;) and yet the ‘very perfon «in whofe ‘ear the alarm 1 is founded; whois put upon/his guard, whois told that 21 fufpicion ( 442 ) fufpicion is abroad, who} has every, reafon to believe, that a fearch will. be) made. in ‘confequence,of that fufpicion, «what is the conduct of this).man. whois flated to be. charged with anoimportant paper for the, purpofe of conveying it to. the enemy. 7). Why, his conduct is fuch.as is repugnant .to all .ob- fervation furnifhed by common. experience: Inftead_ of in- ereafing bis caution in confequence of the intelligence he received, imftead. of concealing or deftroying the paper, know- ing that.it was in his pocket, liable to be fearched, he. leaves it in the open room of a public inn, and has not the common caution to.carry it into the room in. which he flept! .Gen- tlemeny. again J put it tothe. candor of every one of :you to fay, whether this is.aconduct that at.all agrees with the obfervation you have made upon the manner in which perfons generally conduct themfelves, who.are in the perpetration of deeds.of guilt? And with this obferyation T. leave this part of the fubject, having now» ftated ,all that occurs to me with refpect to the cafe of. Mr. O’Coigly,; with regard to the-pof- feflion of the paper in queftion, that.is, the fuppofed pofleffion, or the agtual poflefiion, with his knowledge, inthe manner it has-been endeavoured to be proyed by the witnefles called on the part of the Crown. I fhall next proceed to the confideratign..of the. cafe of Leary. And, Gentlemen, Leary’s.: cafe .is ‘very umportant fer: your confideration, not merely as it relates. to himfelf, -but .as it concerns all-the other prifoners at the-bar,,. Leary you have been told .by Mr. Attorney General, in -his opening, is the Servant of Mr, O’Connor, and what was. {tated to, you .by Mr, Attorney General, -has been proved bythe witnefs whom he called. You will.remember that:>Leary.was not.a perfon who «was -pafsing bya feigned name,.or under an. aflumed character. For though Mr. .O’Connor was pafling by. the name of Colonel Morris, yet Leary ftill continued to actin that charaGer which really belonged to him, that: is, .as:the fervant.of Mr..O’Connor,: pafling by the name of Colonel Morris. «But Leary is:included in this indiftment.. And: in the opening of the Attorney General, no diftinction whatever was sesh Sale Sis ait = Spates Meckea UNA Aas eer ( 443°) wasmade between his cafe, and that of any other of the prifoners at the bar. I donot wonder atit. ‘The Attorney General would have been inconfiftent with himfelf, according tothe»principles he has ‘tated, ‘if he had«gone‘the length of diftintyadmitang; what FP fhallidiftin@ly prove, ‘that it is utterly impoffible: for you, upon'the fort of evidence that you have heard, “to cor- yviG that boy of the crime of High Treafony which is ‘now imputed tochim. | In doing this, I fay he would shave been*ins confiftent with himfelf, for reafons which 1 fhall:prefently ex. plain. « 7. 18 Gentlemen, Leary, thefervant of Mr. O?Connor, “is not pretended to‘have had any particular connection with any ‘one of the perfons' whovare now upon “their trial) excepting his matter); nothing particular is “alledged with regard ‘to thiny as to the poflefsion of this paper’: his cafe therefore: amounts” to this; and this only, that*he, the fervant of Mr. O’Connor, who had been’ fuch for a great length of time, is found in the :courfeof his ufual employment, travelling «with his matter, his mafter, J admit, pafsing by a feigned name;:and that which is madeia queftion for you to confider is-—whether, upon the whole view ofthis ‘cafe, you think there:is the flighteft evi- dence to believe, that Leary was privy to the exiftence’of any fach: paper, ‘tothe contents of it, or‘to the’plot with which he, this fervant, is charged, of having confederated with his mafter, and other perfons:accufed, to commit High Treafon, by carry- ing this ‘paper over to the enemy ? sbikeies Why, ‘Gentlemen, Town I am iaftonifhed! If you were to be afked: who was ‘precifely the perfon, of all others, whom human imagination would poiat out as the laft, and the leaft likely, tobe acquainted withthe: purpofe .of Mr. O’Connor, if his parpofe were of a treafonablesnature; I-dhould fay the very man who ftood in the relation to him ‘of fervant to mafter. Gentlemen, you know’ perfe@ly well, that we are notin the habit of com- municating our plans, even: upon ordinary occafions, to thofe who:are*inithe capacity of domeftics about us: -°Youknow, likewife, that if you were going upon any journey, \and your fervants were'to enquire!of you what the object of that journey was, you would:confider it as'a very officious and impertinent intru- (444) intrifion. In the cafe, therefore, of Leary, it is repugnant to all probability to fuppofe that his mafter would explain to him, or that he w uld afk an explanation of his mafter where he was going, or what was the purpofe and seh sh of his journey. To what, then, does his cafe amount? To this, and this only y—The fervant of Mr. O’Connor, who had lived with him in 16h: nd, who knew the fituation of affairs there, knowing that Mr. O’Connor was about to embark at a fea-port town, Mr. O’Connor being a public man, knowing therefore that his mafter was pafling by a feigned name, to be concealed, he is found in the courfe of employment by his majfter, attending upon him, and there is no evidence of any fort before you, that at the moment when all thefe perfons were apprehended, this ‘man even knew, from any communication made to him, or from any circumftance whatever, whether his mafter was go-_ ing to Ireland, whether he was going to France, or, ina ‘word, where he was going; and without any evidence to con- vinee you that Leary knew whether Mr. O’Connor was going to one place or the other, without a word of evidence to con- nect him with the treafonable paper or purpofe, you are defired ‘to infer againft this fervant, from the mere act of his attend- ance upon his mafter, whom he had long ferved, that he not only knew that he was not going to Ireland, but that he a€tu- ally knew he was going to France; and further, that he knew he was going to France for the fpecific purpofe of carrying a treafonable invitation to the enemy to invade England, and was co-operating ‘with him in this intentian and defign!! Good’God! Gentlemen, this is the length to which the doc. trine of conftru€tion, of prefumption, and of inference, is pufhed upon the part of the profecution; and I admit that it does not ftop fhort of this extreme. For according to the rea- foning of the Attorney General, it would indeed comprehend the cafe of this man, for the fame reafons that he ftates it to involve the cafe of the others. It is for you to fay, whether thefe principles and do€trines can, in point of Jaw, reafon, or ‘humanity, be maintained. The cafe of Leary, ther augie: I take for granted, for the reafons given, is much too clear to require further obfervation. 7 With ( 445 .) With one word only I will detain you further. He is_in- cluded in-this indi&tment,, for what reafon I do not know, and becaufe I do-not know, I will not take upon me in this refpect to condemn the-conduct of the Attorney General. It is pof fible that he might have been originally put into the indict- ment from his exact fituation not being afcertained; and as thefe perfons were fome of them paffing by feigned names, and under aflumed charaéters, it may have happened, that the Crown might not be in poffeffion then, of complete evidence to afcer- tain the fact, whether he was that which he now turns out to be, the fervant of Mr. O’Connor, and nothing more. But now this fac does diftin@ly appear, I am extremely miftaken if the Attorney General will ultimately prefs you upon this part of the cafe for a verdict of guilty; but I am fure I am not miftaken, that if he fhould call upon you for fuch averdi ct, he will do it in vain. But before I finally difmifs the cafe of Leary, I will tr anus you with only one obfervation more. You have been already re- ferred to the cafe of Lord Prefton, Afhton, Elliot, and another perfon. There were four perfons who upon that occafion were going to France. With refpect to two of them, they, were tried and convicted under the circumftances that have been ftated. . Elliot, who was the third, but not a fervant, was not even brought to his trial, though put. in the indictment. As to the fourth perfon, whofe name alfo appears in the courfe of the proceedings, he was going as fervant to Lord Prefton, and the Crown,. knowing this:fact, did not even think it proper.to include him in the charge; and yet his cafe was in that refpect precifely the cafe of Leary. The fervant of Lord Prefton, go- ing in a ftate.of concealment out of this country, which flate of concealment, might have fuggefted to the. mind of a fervant, the idea of fome improper or criminal purpofe, at leaft precifely as much fo asin the eafe of Leary.. They are parallel cafes, the circumftances of each fuggelting an equal degree of fufpi- cion; but in that cafe the fervant was not even accufed, much lefs put upon his trial, and gravely pointed out.as a fit object for a verdict of high treafon. I now therefore quit his. "ale, 1 ie, with the moft entire and perfect confidence that it is-impofiible: (440. ) for you to hefitate, one moment in faying, that there is not the flighteft. pretence for imputing to this man any gailt whatevers much lefs that guilt which the indictment charges-the crime éf-high treafony.in adhering to the King’s, enemies. The néxt perfon,who-occurs, is. the prifoner of the name of. Allen... And-with refpect’ to him, his fituation isin fome de» gree afcertained, becaufe you find, from.a.perfon. of the name ef Smith, that Allen lodged in a houfe in Plough-court, Fetter- lane, |kept bya perfon of the name of Evans; and fhe tells you,y. that.fhe had not-known him for above.ten, or, twelve days be fore the time when he went to. Whitftable, in-company.with fome of the perfons now before.you. .. The,cafe, therefore, of Allen, appears to be,this---a perfon who, you find, :-had notlong been sefident.in, London, becaufe. he. is not. proved,.to-haye lodged at any. other. place, and.in the only place.in which he did lodge,.he is proved to have been there but.a, few days be- fore:the tranfactien-in queftion, and nothing is, given in evi- dence to you with refpect to his connection with.Mr,.O’Con- nor; nor with, any one of the other perfons,, except Mr. Binns, andthe only evidence of his connection with Mr. Binnsy,and indeed-Mr. O’Coigly, is, that he lodged in the fame houfe in which they did.. But who is Mr. Allen? Is he aman likely to, be\engaged: ina treafonable plot againft this country? Is he ‘a perfon whom you can imagine to have been in the pay of the enemy? Is he.a perfon whom you can fer one moment believe, to have received the wages of treafon?, Why, the evidence on the part of the Crown informs you what is the miferable con-+ dition of this wretched\man.. You find, that after arriving an London, he was reduced to that ftate of dittrefs and poverty. that he is proved to have lodged in this ,houfe, not in an apart. ment of his own, but. that he, in company, with.two,othes, men, all occupying thefame room, paying for. that room at the rate-of feven fhillings and fixpence a week, that -he, thus fitu« ated and, thus. circumftanced, had. lodged: there for. fome days». before he went on board this veffel with Mr. O’Qoigly, for’ the purpofe-of going with him, I admit, to-France.. “The evi< dence with refpect to Allen is different from that of Leary, in refpect of the peculiar circumftances of their different fituations, becaufe ( 447 J) bécaufe Allen, Tadinit, was not the fervant of Mri O’Coizly, but he was pafling under a feigned charafter, in order to efcape with Mr. O’Coigly, who was paffing by the name of Jones ; and: it clearly appears he was a man in a ftate of miferable poverty and abject diftrefs, But with regard to the paper, the point of the charge both'with refpect to him and Leary, there’ is not the fighteft particle of evidence, on the part of the Crown, to fhew that either of thefe perfons knew of the exiftence of fach a document in'the poffeffion of any man’ whatever, ‘orhad rea- fon to fafpett it, much lefs that they were engaged inthe plot defcribed: “Then fo far we get. “Leary was the fervant oF Mr. O’Connor, and Allen a perfon in’ diftrefs, pafiing as°the fervant of O’Coigly. ‘Their cafe amounts to this-+-One is with his mafter, and the other going out of England, it being unfafe for him to Continue there; and they are found in Mar- gate, in the fame houfe, I admit, having the charge’ of the bageage, at the tinie this paper is ftated to have been found in a Great-coat pocket, ‘which is’ faid to have belonged to Mr. O’Coigly. Therefore, with regard to thefe two perfons, the cafe on the part of the Crown completely fails in eftablifhing® that which it is neceflary to maintain, in order to induce “you! to corivict them, that is, their knowledge of the exiftence off this paper. Pofttive evidence there isnone. ‘The ¢circumftan+ tial proof Teads to no ftch inference with refpect to them;* on the contrary; as far as it leads'to'any inference,’ it excludes? the prefumption, as ‘it does alfo completely with refpect tothe: others, as I fhall next have occafion to fhew. And this “brifigs ‘me to the cafe-of Mr. Binns---he alfo-%s proved ‘to be a ‘native of Ireland... When his acquaintance! with Mr. O’Cénnor comimericéd, does ‘not exactly “appears nor can Gt’ for the reafon' that I have ftated‘to. you before, as'tg" another -part of tlie*cafe; becaufe he, as well as: Mr: O°Connédr™” beifig. now upon his trial, they’cannot give evidence'to explaia itr’ detained’ above: three hours, and) what?-that he, Mr. Binns;:would:return»in her, .Then whatidoes the, cafe come doi? The earlief, evidence and-the lateft te2imony- both, agree in this,othat.it, was not the original intention.ef Mr. Binns to goto France in this veflel, and that when he-did fate himfelf tocentertain: that idea, it) was not-with.an intention te continue jnsFrance; ibut :to-return to England with the.veflel,..he en- gaging; according: to, his notion, that the veflel would not -be detained above three hours. [fay again, therefore, that.the charge is difproved.completely with. .refpect, to, the circumftance ef Mr, Binns. intending, to go ito Francefor..the purpofe..of con- ( 451 ) conveying this treaforiable paper, | his inducement to go 'te France not being to carry any paper, but with the {pecial in- tention of remaining on board, in order to haften the return. In-every view therefore of the evidence, in every part of the teftimony;’ as it relates to Mr. Binns, I think I ftate the refult of the cafe fairly, when I affert it to amount to this, thatin- ftead of there being any proof of Mr. Binns being in a confpi- racy to go to France, if this were an indiétment for a mifde- meanor foran attempt to go to France, without-a licence, you muft acquit him even of intending that, becaufe in order to eftablith that charge, you muft prove he intended to remain, not that he went with others for the efpecial purpofe of haftening the return of the veffel; and not continuing there himfelf, Bat there is one, and one other part of the cafe of Mr. Binns only, which requires fome obfervation, and that is. the cone verfation which he held with thofe different perfons at the time he applied to them, in order to engage them to let their -veffel to him. And the Attorney General ‘has {tated in. his ‘opening, that Mr. Binns alledged to thefe different perfons that he had the means to infure her return. Now you will attend to that exprefsion, and fee how that accords with the evidence. Mr. Binns, fays the Attorney General, ftated:to thefe different perfons, that he had the means to. infure her return. But what is the evidence ? Why, all the perfons have told you, with whom Mr. Binns treated upon this occafion, that he faid, he thought it was probable fhe would not be de- tained ; that he didnot believe fhe would be detained ; that he ‘offered to depofit a fym of money in cafe fhe fhould be detained ; and fo’ fat from his going the length of afferting that he had the means to infure her return, you find the tranfaction ended jn his agreeing to depofit three hundred guineas, to. pay one hundred guineas per month for the time fhe continued there, and in that proportion during the length of her continuance, the whole to be forfeited if fhe did not return at the expiration of the time. Inftead, therefore, of his pofitively aflerting, that he had any fuch means, all he ftated to them was his own €x- pectation of what might happen in cafe the veflel fhould.carry the perfons he expeéted at Whititable ; and the evidence onthe. part rae G g2 of C 452») 6f the profecution, inftead of ¢onfirming the opening of the Attorney General, difproves it,—only amounting to this, that Binns made ufe of affuraricés to feveral of thefe perfons, as to the probability of what might happen by way of indiicement, When. anxious to procure, at all events, a veffel, in order to carry the perfons to Flufhing orto France, who were after wards to go on board of Her, not that he afferted, as a fact, that he himfelf had the means of infuring her return. Gentlemen, I have ftated to you, as far as I have now pro- ceeded, all that feems to me to relate to the diftin@ circum- Ttances of Leary, of O’Coigly, of Allen, and of Binns, and I now come to confider the cafe of Mr. O’Connor. But, before I proceed to the confideration of the: cafeof this gentleman, 1 would take the liberty of again recalling to your eonfidera- tion, very diftin@ly, what is the nature of the prefétit charge? Gentlemen, the indictment imptites to Mr. O’Connor, to Mr. O’€oigly, and to all the other perfons, that they hada paper of a certain defcription in their poflefsion, and you will recolle& the words=--in their poflefsion---becaufe, before you can find any one of thofe perfons guilty of that, which this indictment imputes to them, you muft be fatisfied, as honeft ‘men, in the exercife of the important and awful duty now ‘caft upon you, that you can-look every one of thefe perfons in the face, and with your hands upon your hearts, on the folemn obligation of your oaths, and-in the prefence of that juft God, in whofe name you are fworn to adminifter juftice, ‘fay, You had this paper in your poflefsion, with the criminal intent alledged by the indictment, at the time you were taken. into cuftody. To this length you muft proceed; becaufe the main allegation of the indictment, from which all the other facts ‘alledged, follow as confequences merely, is, the poflefsion of all and each of thofe feveral perfons of the paper in gueftion; and unlefs they have proved that poffefsion by fuch evidence as the law ‘requires,-—-inftead of having failed, as they have, to prove it by any evidence of any fort whatever, ‘then, I fay, you ‘cannot hefitate, for a fingle moment, in ‘declaring, with the ‘exception of Mr. O’Coigly, whofe cafe fands upon a different : ground, ( 453 ) srourid, as l-have ftafed, that all the other prifoners afe not guilty of ‘that which this indi€tment imputes to them, that’ is the poffefsion of this paper, at the time they were arrefted, with the intention of conveying it’to France, in’ order to de- liver it to the enemy. Now, let us examine, im what manner the Attorney General has endeavoured here to make out the rE is no pofitive evidence pretended to exift. For that any one of thefe perfons ever faw the paper, or heard the contents of the paper, or even knew of the exiftence of any paper, there has been no teftimony attempted to be given upon that part of the Crown, but: you are defired to infer ‘their knowledge of the exiftence of the paper from the'fingle cir- cumftance, that they fay it was found in the poficision of one of the party, that is, O’Coigly. But upon what ground is it that the Attorney General argues the cafe to this extent.---Why he ftates it thus :--s That when any number of perfons are in the profecution of a common purpofe, the act of one is the a& of all, and I agree that the Attorney General flates the law correctly in this re{pet, but the enquiry for your confideration is as to the common purpofe ; what was the common purpofe, in the pro-~ fecution of which all thefe perfons were affociated ? What was it which they confpired to do? Which they confulted to do? and which, therefore, conftitutes the common purpofe, as to which they were engaged.---This is the point, and the only point for your confideration. W4uithout denying, therefore, the law, as ftated by the Attorney General, I fay, that if he means to apply that law to the prefent cafe, by alledging that thefe perfons were in the profecution of a common purpofe, and that it was a treafonable purpofe, and, therefore, that the act of one is the at of all; in fo alledging, he begs the queftion, for before he can make the act of one the a of all, he muit prove the common purpofe a treafonable purpofe, and the treafonable purpofe charged by the indi€tment. But if he does not fhew this, then, according to the doétrine of the Attorney €seneral himfelf, there is no ground or colour for imputing the alledged poflefion of Mr. O’Coigly, of’ a par- ticular treafonable paper, to the other perfons, if the common G £ 3 purpofe (454. ) purpofe had no reference whatever'to that paper, and theres fore they would not be liable for any act done by him, even: ifthe paper was in his poffefsion and cuftody with his know- ledge, becaufe engaged with him in the profecution of .a com- mon purpofe of a different fort. ‘I will explain my meaning a little more diftin@ly. Thefe perfons were, I admit, in the profecution of a common pur- pofe, and that purpofe undoubtedly was going to France; that, I ftate; was the only common purpofe; and being inthe profe- cution of this common purpofe, I do admit that the a&t.of Mr. Binns, in applying to different perfons to hire a veflel in order tocarry them to France, is evidence againft all thofe other. perfons of an endeavour made to go to France. But the quef- tion is; whether they meant any thing beyond this ?. or to ftate. the cafe in this way+-If one of thefe perfons, who was going to France with the others, had, unknown to the others, this paper in his poffeflion, and this paper being in his pofleffion conftitutes ‘an act of treafon, then, I fay, that. fuch ulterior, purpofe being unknown to the reft, is not the common pur~ pofe, and the aét of this man cannot be afcribed to the reft, fo as'to involve them in his’ guilt; for nothing can be more. clear than that if five perfons agreed, for different purpofes, to go to France, it is utterly impoffible you can fay. that you. muft therefore infer the knowledge of each of thefe perfons of every paper that might be found concealed upon the perfon of any one of them, Therefore this cafe, after all, will come.round to the great queftion, which I originally ftated, not whether thefe; per- fons were concerned clandeftinely in going together to:France, but whether they were going to France in the joint profecution of carrying this paper to the enemy ; for if the others were merely going to France, and knew nothing of this paper, then a poflefion by O’Coigly is no evidence againft them; and how much foever it might operate againft him, it cannot touch their cafe, or affe& them in the) flighteft degree... I; hope; therefore, as far as I have proceeded, I have made) myfelf dif- tinctly underitood; and if I have, I truft you will agree with: me, ‘that the obfervations have hitherto made, are fairly war- ranted bythe: facts of the .cafe. Now (. 455°) Now, Gentlemén;’ we “come” to the important: queftionc in: thé édufé; and’ that is, whether this paper (noumatter, for the? purpofe of the ‘prefent argument; how it found»its way into}; the'pocket of Mr. O’Coigly\, was there with the knowledge-of: ' the reft. And here, I will aflume;) for the purpofe of the aren puiment, that the paper was in the pofleflion of O’Coigly, with his ‘knowledge ;: ahd I will aflume, for the purpofe alfo of the~ argument, what, I truft, ‘will not be the conclufion to which ~ you will come, ‘that it was there fora treafonable -purpofe 3 but afluming°all this,’the cafe of the other perfons differs from: that of Mr. O’Coigly in ‘this:material refpet,, that the paper; in this view ‘of the fubje@tyis a@tually found in his pofleffions : but in his exclufive poflefion, for it is not in the poffeffion of any other® perfon ; therefore’ the circumftance, in refpedt of: which'alones if you could ‘be ‘difpofed to convi&t him of-this» offerice} thepoffeffion ‘of the paper, that: circumftance is waritas ing in’ the cafe of every one of the other perfons accufed ; nor is there any’ evidence, either: pofitive or circumftantial, that : they knew the paper to be in his pofleffion, or of the exiftence: any where of any fuch paper. Upon this part of the cafe I beg that 1 may be diftinglly uns: derftood ; and let it not be fuppofed fora moment that I meamta» make the attempt to miflead any one of you: When I talk of | pofleffion, which is what this indictment alledges; I will)-ex- plain’ myfelf accurately.» And here again; that I. may. fate, nothing to you in point of law that. is not perfeGily correct, I will fate what I mean, inviting the animadverfion of the learned Judges, if I ftate it in an improper or:an incorrect manner, The indi@ment has alledged the: pofieffion of ;this: paper by all'the feveral perfons at the bar, and: from the fact.of poffeffion; the profecutors alledge. their knowledge, and, infer their criminal intention. “Now fee to what this cafe refults. Firft, they infer the poffeffion of the reft from the. fact,.as they’ alledge, of the pofleffion but of one; then they infer their knowledge’ from fuch their -conftructive poffeffion ;.and,_ laftly, they infer the treafonable intent from their conftructive knowledge, founded on their conftructive pofleffion ;, fo that inftead of this being a cafe, as the law requires, eftablifhed. by G gz 4 plain, oT ae ae ( 456 ) plain; direct, and manifeft proof, it is precifely the cafe of alf others in which the pith and fubftance of the charge, the gift and éffencé of the indictment, is all inference, is all conjec- ture, is all common argument, is all prefumption. But is it neéceflary there fhould be! an actual pofleffion? No; for admit that pofleflion may be of two forts. It may be actual, or it qnay ‘be conftructive. And by actual poffeffion, Imean where acpaper’ is’ in the perfonal poffeffion of any man, with his own knowledge; as, for inftance, if you fhould be of opinion that this paper was in the poflefiion of O’Coigly, he knowing it to be'in his pocket, that would be the actual poffeffion of O’Coigly, but it could not be the actual pofleffion of any one. of the other perfons: Then their cafe muft be reduced to a cafe of con- ftructive: poffeffion. And here again, I admit that poflefion may become conftruetive, or be inferred fromthe conduct of the’parties. For if all the circumftances of the cafe thew that it’ was in the poffeffion of O’Coigly, with the privity and con- fent of the others, in order to be conveyed by: him to France, they co-operating with him in that purpofe, then I admit that his pofleflion would be their poflefion, pon the principle eor- reCtly ftated by the Attorney General, that where they: all unite “in the profecution of one common purpofe, the a& of ene isthe act of all. ‘Pherefore, in order to make out the conftructive pofleffion in this cafe, it is neceflary the Crown fhouldeftablifth, which they have not attempted, by any po- fitive‘evidence, and which they have not only failed in doing ‘by any circumftantial evidence, but they have by circumftan- tial evidence eftablifhed dire&ly the reverfe, that’ this paper was in the actual pofleflion of O’Coigly, with the knowledge of Mr. O’Connory” or with the knowledge of the other perfons at the bar, forthe purpofe of being made ufe ef as the indift- anent ftates. But let us examine ftill more clofely what are the circum- “ftances‘on which they rely) The paper is found, they fay, in the pocket of O’Coigly. Why, my friend has’ truly told-you, that'that which is found in a man’s pocket; is generally fup- poledpeculiarly to-belong to himfelf.. But I go further, and -beg your attention to this, that if the place in which the paper Was (2457. ) was depolited, was the pocket of O’Coigly, it was precifely that, of all others, in which it was leaft likely to be known to Mr. O’Connor,.unlefs you can fuppofe that this. gentleman, after the character. and the account that you have heard of him, was a man of fuch a defcription, that he was likely. to put-his hand. into the pocket of another perfon... Its being therefore in the pocket of O’Coigly, would not merely prove that. it was in his pofleffion, and his pofieffion, exclufively, but would go the length of proving that it was depofited in that. place, in which, of all.others,. any gentleman travelling in ,his company would be the leaft likely to find it, -becaufe no gentleman. is likely to put his-hand into the pocket.of any other perfon. Whaé are the means by which knowledge of a paper isor- dinarily-eftablifhed ? Knowledge of a paper, I admit, is to be inferred from. the poffeffion of the paper... Again, if any,evi- dence had been given that this paper was in the hand-writing of any of thefe perfons, that would be evidence of their know- ledge... If any evidence had been given that they had heard it read, that would be,evidence of their knowledge... If any evi- Sciias had been given that they had told the contents .of it to another, before it was found, that would have been evidence of their knowledge. But none of thefe circumftances, which are the only facts in refpect of which you can raife the queftion of eonftructive poffeflion, for to be actually or conftructively pof- feffed of it they muft know of its exiftence, are to be found in the prefent cafe; but you are defired, from the mere circum- ftance of their going te Francein company with, O’Coigly, to infer their, guilt. to the full extent of the charge ;,are to take upon yourfelves, on your oaths, to declare, without, Laflere jt, a fyllable of evidence, pofitive er circumftantial, leading to. fuch a conclufion, that the fingle fact of a paper being found in place of concealme nt, to which they had no poffible,accefs, 3 fixes the full criminality of this paper upon Mr. O’Connor and the others, wath igh they are not proved ever to have known ofits exiftence, though they are not proved to shave heard it read, though they-are not proved to have told the contents to ane other perfon, and though it is abjolstaly inconfiftent, as 1 ! thew, with all the other circumftances of the cafe, all but impofible, ( 498°) inipotible, I might fay, that he or they could havé any know ledge of this paper having being, up to the moment when it is ftated to have been found. For confider who thefe perfons’: are, the circumftances which attended the difcovery, and the evidence which has been given. You find that Mr. O’Connor had 4 great number of pack- ages belonging to himfelf; that he had papers of his own in thofe packages, urider lock and key; I afk, then, can you be- lieve it of a man like Mr. O’Connor, who has been accuftomed to the bufinefs of thé world, whi has long lived in public life, who has acted a great part upon the political theatre, who is reprefented to you to be a man of a mind uncommonly acute and intelligent, can you fuppofe it poffible that he could prove fuch an idiot and driveller, that having knowledge of a paper of this treafonable fort, though he had concealed with the moft cautious care, others, of a nature which they have not ventured to alledge, “even as overt acts in this indictment, though he had hidden every other {crap of paper that belonged to him, can you, I fay, all this being proved, believe, that knowing the exiftence of this paper, when difcovery muft prove fo fatal, he would ‘have trufted it to the pofleffion of O’Coigly, to bé found in‘a loofe cover in his pocket, in an open great coat, in the common room of a public inn? “Such is the fort’ of intelligent mind Mr. O’Connor is proved to poflefs! and this you are defired to believe was his conduct when plotting the downfall of a State. “Ac- cording to them, he went out of this country exprefsly to invite the French to invade it, by the pofléffion of ‘a paper, which paper he knew, if difcovered, would lead to his certain deftruGtion, and which, however, turns out to ‘be the only paper which at all concerns him, which is proved not to have been under his own charge, or in his own cuftody, fectred in'his own packages by his own key. It ‘is ims poflible’ to come to fuch a conclufion. ‘Reafon revolts at the idea ! “feeling fickens at the thought ! It would be nothing fliort of a judicial murder, according to the light in which I ‘view this ‘cafe, if it were poffible for any man to con viet Mr, O’Connor, and the others, of the pofleffion of eens this { 459.) this. paper, .under|the. circumftances I have fairly. ftated..: When. I fay. this, it does not arife from any. diftrutt. phy you, eitherjon, my part, or on the part of the prifoners ats, the bar, Quite otherwife. Next to him in whom we. are chiefly taught to put our truft, their firm reliance is. upon you, in this, the awful hour of their deliverance, But I ama plain man, fpeaking to plain men, and it is ne-, ceflary to fpeak. plainly when. the lives of men are at flake. : Plainly, therefore, I fay, it is grofsly repugnant to every idea of juftice, to fuppofe that if this. were the cafe of a common mifdemeanor, inftead of a charge of High Treafon, . you would. infer the: privity of thefe feveral perfons, to: the poffeffion of this paper, on fuch: evidence. But, Gentlemen, confider further how. the: cafe. flands “in another refpect. And here again the conduct of Mr,,O? Coigly. becomes material. You find that he had. been told. the people of Whitftable entertained fufpicions on his account ; you find alfo, that he was.in company with Mr. O’Con- nor fubfequent to this; now, I afk you, whether it is rea- fonable to believe that if O’Coigly had been joined in a confpiracy with Mr, O’Connor to carry this paper to France, he would have fuffered Mr. O’Connor to. have. re- mained ignorant of fuch a circumftance? or is it probable that Mr. O’Connor,. knowing of fucha circumftance, and having a paper in his own poffleffion, or in that of O’Coigly, of a treafonable nature, would have delayed one moment to have deftroyed it, after the alarm was given, and diftruft was known to exift. But, inftead of this, you find all Mr, O’Connor’s packages continued locked; nothing is put into them, and nothing is removed; no attempt is made even to. fecrete the paper in queftion, but you find his boxes con- tinued exaétly in the fame ftate they did before; and when they are taken up to the fecretary of ftates office, the locks of each are obliged to be forced, in order. to. get at the contents. So with refpect to all. the. other prifoners. When. their luggage and pockets were fearched, there... is nothing found. that relates to. this paper, nor is there any + paper of .any other. fort, excepting one. belonging to; Mr.., Q’Connor ( 460 ) O’Conner, upon which: I fhall ‘prefently obferve, but ne paper of any fort or defcription, which has the moft remote relation to ‘that which forms the fubftance of the prefent charge. I -have now, therefore, in refpe& of .all extrinfic cir eumftaneces, I truft, completely fatisiied you, that it is quite impofible, even if this were a charge for 2 common mif- demeanour, and not a trial for High treafon, to come to any fuch conclufion, as that Mr. O’Connor and the others, whofe cafe flands upom the ground of conftructive pof- fefion, knew of the exiftence of this paper; but quite the reverfe. -And now, before I go to the confideration of the paper itfelf, I will take the liberty of troubling you’ with one-or two obferyations only, upon fome other parts of the cafe, as they relate to Mr. O’Connor alone. And firft, eénitlemen, you will always bear in. your minds that the charge againft thefe perfons is the pofleffion of this fpecific paper, which conftitutes the act of treafon alledged; and that the other papers which have been produced before you, have been given in evidence only as collateral . circum- flances, to prove the overt-a& alledged; that is, the poflef- fion of the paper. But the moment that you difbelieve the poflefien of this paper, even if the other circumftances were _ of & different- nature from what they are, and amounted in ‘themfelves “to overt-acts of treafon,. yet, inafmuch as they would be overt-acts of treafon not alledged in the in- di€tmenty you could not find them to be fuch upon «this occafion, and therefore, with the overt-aéts laid in the in- dictment, ail the other overt-aGts muft vanifh ef courfe—- if any {uch exifted, for they would be made -ufe of as evidence only, and not as matter of charge. Of thefe callateral’ circumftances, are fome papers found in Mr. ©’Conner’s poffefion. And that to which -your attention has been chiefly drawn, is a cypher with ‘the key to it. And here again it is neceflary, in order to underitand this partiof the-cafe, to confider who Mr. O’Connor was, ‘and what?had’ been his former habits. of life. You find ‘that Mre°Q’Connor had taken a very aétive: part in the palitics of ( 461 ) af Ireland; whether right or wrong, is hot the fubject of he prefent enquiry ; but one fact vis perfectly clear, that in. con+ fequetice of that active part, that he had been confined there, during a long fpace of time, in the gaol of Dublin, as you have heard from the gacler who had the charge of him, im- prifoned and guarded in the ftricteft manner; and upon being liberated from that confinement, which he was, without any trial, Mr. O’Connor fhortly after came over tothis country. On the part of ‘the Crown, I admit they have given in evi- dence a paper which is a cypher, and have alo produced a key to that cypher; and I do not deny that it diftinétly. appears, from thefe documents, that Mr. O’Connor was going to France; but I undertake to fatisfy you upon this part of the~cafe, deemed fo peculiarly important in fupport of the charge, as well as upon every other circumftance in ‘proof, that when this cypher comes to be attentively and accurately confidered, it is, of itfelf, the ftrongeft and moft conclufive evidence to deftroy even the poffibility of a fufpicion of the exittence of any intention, on the part of Mr. O’Connor, to carry this paper to France, in order, as the charge alledges, to invite the Executive DireCtory to invade England. And firft, I wall fappofe I could not account for the pofleffion gf this cypher, in any way whatever, by extrinfic circumftances, What then? Why you have been truly told, that the pofleffion of a cypher is not of itfelf Treafon, nor is it even criminal in any.degree. The only proper ufe, therefore, that can be made of it is, as a citcumftance in evidence, affi{ting the otherfacs in the cafe, to prove the overt-acts in the indiment. They muft conne& the cypher with the intention alledged, to procure an invafion of England, and if they can fo apply it, itmay no doubt be confidered as material evidence to that purpofe. The queftion then is, confidering the intended ‘app]ication of this cypher, does it apply to England or to Ireland? For. if it applies to Ireland only, there is an etid of the charge which imputes to Mr, O’Connor an intention, by means of this cypher, connected with the paper in queftion, to procure an invafioh of Englatid. ‘Now ‘what are the coritents of the cypher? Look att, examine it thoroughly, ‘and I ‘entreat ‘of youy ( 462 ) you, before “you. withdraw, again and again, to confider it, avith this particular view, always recollecting: that. the charge againft Mr: O’Connor is, his intending to invite the French to invade England, not Ireland. ‘Why, Gentlemen, you would naturally fuppofe, that in the cafe of fuch a cypher, intended for fach a purpofe, you would find Jittle, if any, which related to Ireland) and-much, if not all, which related to England; inftead’ of which, when'you examine the contents of the ‘cy- pher, you finda long ftring of fea-port’ towns all’! on the coaft of Ireland, and none of the fea-port towns upon: the coaft of England, with the fingle exception of Dover, which Ptruk it will not be contended, upon ‘the part of the Crown, “is précifely the {pot, and the only f{pot, upon-which we-are’to éxpectan invafion from France, It feems to me that the ob- fétvation is therefore nesiivly: ftrong, and. abfolutely con- clufive, that this cypher did not relate to any purpofe as to - ‘England, but that it related to Ireland, be the purpofe what it ‘might; becaufe all the different places which form the fubject of the cypher, and would be of courfe the matter of corre- fpondence, are, to a degree of minute and’ circumftantial de- tail; the ports of Ireland, and not of England, ‘Therefore, if I-could not account, from the character and purfuits of «Mr. O’Connor, from the habits of his public life, from the ‘ircumftance of the times rendering neceflary the ufe of a ‘€ypher, and if it refted upon the mere ground of -what you can ‘collect from the cypher itfelf, and if you were ~réquired to fay one way or other, which you fufpected’as mat- “ter ‘of ‘common belief, Iam certain you would, -without “Hefiation,- declare it- does not relate to England,- but to Ireland; and-'therefore the cypher is decifive and conclu- “five'evidence, to4thew that it could’ not be in the contempla- “tion of Mr. O’Connor, 'to make ufe of this cypher, with're- 'férence to ari invafion of England, becaufe the fubje@ of it’ is ireland, and not England, and yet this is the important paper on which the Attorney General, in his opening, mainly relied, “to prove Mr.:O’Coannor Buny of this charge. Bit the cafeidoes-net refi here the counfel for the Ciewn ‘haye given you that which pl in aconfiderable degree to ex- plain ( 463 >) plain: the-pofleffion -of fuch .a, paper... Mr.,.O’Connory,, befides being, a. public manin Ireland,.and in,this country, having been formerly. in the Lrith, Houfe of Commons, was alfo, as you have been informed, the proprietor of a newfpaper, called the Prefs... And here again, for I cautioufly forbear introducing, ‘political, topics. of any fort,into this queftion, putting the merits. of the Prefs.as a political paper, out of all. confideration, it is. enough to, fay, that it was a public and political print of great circulation throughout Ireland. Gentlemen, when Mr. Q’Connor. had; been. obliged to fly from. Ireland, becaufe. it was unfafe. for him to. continue there, no one can be fo weak, and fo filly as to believe, that if Mr..O’Connor had corref- ponded in his. own name, and openly at all times, if he had tran{iitted intelligence to his private friends, or to thofe who conducted this print, that his letters would not have been oc- cafionally ftopped and opened ; I do not fay. improperly opened, J ftate merely the fa&t. . To be the proprietor of a new{paper, to any effect, it is neceflary. to impart intelligence to thofe on the fpot who condu& that paper. This accounts for Mr. O’Connor’s being in poffeffion. of a cypher, and it alfo ex- plains why that cypher had relation. to public events, When he. was to correfpond with thofe who conducted the Prefs in his ajfence, with refpecét to the public fituation of England, France, or Spain, and probable, or actual events.of a public nature,.it was neceflary he fhould correfpond in cypher, if he did not mean to have his letters intercepted, underftood, and his intelligence difcovered. “That he was in the habit of tran mitting information for the Prefs, is proved on the part of the Crown, for they have given in evidence.a letter to Mr. Roger O’Connor, in.which he mentions the Prefs, and ftates a tranf- miffion. of the Courier, which is one of our. papers, for the purpofe of furnifhing intelligence for the Prefs, This alone reafonably accounts for his being in pofleffion of a cypher ; but further, being a. public man, and obnoxious to Government, liable to have all his. private letters ftopped at the Poft Office, and in the habit .of correfponding with his friends as to public affairs, he did not choofe, with the probability of that event, : in ( 464 ) in cafe they fhould be actually ftopped and intercepted, that the contents.of all his private correfpondence fhould be known. But upon this part of the cafe I will paufe for a mo- ment—and when this profecution has got to its clofe, 1 requeft you, Gentlemen, who are now honouring me with a degree of attention, for which, upon the part of the prifoners, and my felf, I moft humbly and moft gratefully return you thanks—I re- queit every one of you, when this cafe has got to its conclufion, to confider whether I have not, as far as I have troubled you with any obfervations, fubmitted thofe which fairly arife out of the faéts of the cafe, and I only defire of you ultimately to let them have effe@, as they agree or differ with the obferva; tions which may have arifen in your own minds. Subject, then, to this remark, I think, as far as [have gone, that I have .accounted for the nature of all thofe eae dita neces, which, on the part of the Crown, are faid to be myfterious. But I go further, and fay with my learned friend, that if they are myf terious, precifely for that very reafon you are not to conclude that they are criminal, for criminality muft diftinctly appear, inftead of fads myfterious, or doubtful, or dark. I have ex- plained them fatisfactorily ; I truft Ihave. But fuppofe the ex: planation, for a moment, not to be fatisfactory---Admit them to be myfterious fill. What is the effect of a cafe in which there are fome circumftances that cannot be developed, that can- not be‘explained, and which at laft remain the fubject of con- jeGture, of doubt, of myftery ? And to anfwer this queftion, I will refer you to the words of a very learned Judge, pecv- larly converfant in the adminiftration of criminal law, and equally diftinguifhed for his humanity and for his knowledge ; J mean the words of Lord Chief Juttice Eyre upon a very re- cent occafion, the trial of Mr. Horne Tooke. In‘the clofe of his addrefs to the Jury, the Chief Juftice expreffes himfelf ‘in » -thefe words :—‘ If you fhould be of opinion that notwithitand- € ing the firft impreffion which thefe circumftances have made ¢ upon.your minds, and muft I think certainly make upon every ¢ man’s mind who has heard the cafe, confidering the nature of “the enterprize, and confidering the “actual fituation ‘of the ‘means. by which it was to be effected, taken together with ¢€ tha tlle ( 465} € the evidence of his'principles, his habits of life, andshiefitu- © ation in point “of Health that you are bound to refer all thefe © tranfaions-to other objects, and you fhould concliide to form “your judgment, as to his intent in thefe méafires in which he “has been engaged, rather from ‘thefe domeftic parts 6f Kis t charatter, ‘than froin'thofe in which hé has aéted with others Con public 3” andy Gentlemen, the very laft important and -em- phatie words which he addreffed to that Jury, were thefe whi¢h fam now about ‘to‘ftate to you :==* 1 with heartily that Mr. * Horné Tooke had put this cafe’ really beyond ail fufpicion, © -becaufe fee; with great regret, a man of his cultivated under- * ftanding,* of his habits, of his capacity, to be ufeful to nian- ‘ kind, aman fupported by the evidence of that venerable pre- “© Jate the Bifhop of Gloucefter, who Tam fure would fatter no “manj3-I fay, I fhould have been heartily rejoiced if he could « have put this cafe beyond all fufpicion, but I cannot fay that ‘he has done-fo- There certainly is a great deal ‘to be ex- ‘ plained, which Iam not able to explain, and I am at this mo- “ment totally unable to develope the character and conduct of * this gentleman’—but that does, what? © But that? (fays Lord Chief Juftice Eyre) * goes but-a little way upon the quéftion, ‘ whether he-is guilty or innocent of this indi€tment ; that you < will judge of by the refult of the evidence, and the clear im- « preffion that that refult fhall make upon your minds.’—In- portant-words ! containing the found principles of juftice and ‘humanity. Applythem to this cafe; and, therefore, if I were to admit that all thefe circumftanees which are not the overt- aéts charged in the indictment, are of a nature which after all cannot be developed and explained,’ that they fill remain ful picious ‘and -myfterious,- ftill I am entitled boldly to fay to you, this goes but a little way to maintain the charge. “A verdict of guilty muft be the refult of a clear amipreflicn made by con- ‘vincing evidence on your minds. But what is this cafe? Not like the cafe which Ihave juft fated to you—a cafe, the refult of which in the clofe of a moft long and patient inveftigation, fill left in the mind of that learned Judge, a high degree of fufpicion as to many circumftances. No, Gentlemen, the pre- fent is a cafe; as far as T have gone, clear, [will ventere tofay Hoh upon ( (406 ») “upon! every principle of! law, ‘reafon, and: juftice; againft the «charge. But putting it‘in the {trongeft point of view for the profecution, allowing them the benefit of every obfervation ‘that may be made in reply, that thefe parts of the cafe have not -been fatisfatorily cleared up} firft I affert they have, but next, eif they have not,-then I fubmit they are not the overt-acts - charged, theyare but adduced as evidence to prove thofe acts, vands however fufpicious,; however myfterious they may be deemed,-which I fay they are not, yet ftill -according to the language of*the learned and-humane Judge; who’ tried the ocaufe:toowhich Thave ‘alluded, that goes but-a little way to- -wards ithe queftion-of guilt... To juftify fuch’ a verdiat, the refulemuft be, not-a doubtful, but a clear-impreffion. « ) Now,°Gentlemen, I come,and here'l fhall detain you very fhortly, to. the ‘confideration of ‘the paper itfelf.:| And upon manner you have heardi: ‘Sucly is Mr. ( 467 )) «Mri O’Connorj:,andyouchave \itwin evidence from, all, thefe ferith:whomi he has been, and: ftill:issmoft intimately acquainted, thatithe prevailing fubjectof his;confideration, ithe conitantob- ge of: his.thoughts, what Lord Chief Juftice Kyrei aptly calls the habits: of -his dife; were peculiarly.the habits ‘of drifh poeli- tics, and of whatever related to that countrys, Thete all: his thoughts: revolved; there all his: wifhes centered.) Mr, -Sheri- dan ‘has «told syou;= that in. the moft confidential converfations that he held) from time to time with himj fo occupied! was:He, ~ fo intent, fo engrofled, fo, abforbed with the ftate and) fitua- tion of Ireland; that he could not bring him for aymomént to believesthere: was. any) thing-of grievance-exifting;in. thiscoun- try, that is, te accede tothe opinion, which in this'refpee& Mr, Sheridan, entertained with: refpect:.to, it. . Thefethens-aré the Aabitsof lifelef,Mr. @’Conner : you:have it:from Mr. Erfkitie, from Mr; Fox: from: the Earl of Suffolk, from the:Duke of Norfolk, from all the,noble.and honourable perfons:whohave been calledi;They:have told, you, without a fingle exception, that/in the courfe «of the numerous confidential; converfations, during:a long! period. of time,>up: to’ the moment-of shis:depar- ture; ithe conftant fubject of thefe converfations, whenever of a political nature;'-was Ireland and not Englands:nay, ‘that they even found amaverfion to interfere: with :the:concerns:or poli- tics\of England, where his:propertywas* mot, « where! hissre- fidence was not; a people» with whom: he :wassno)otherwife connected; except by habits «of: private:and::domeftic: friend- fhip’ with many individuals, undoubtedly, of the: firtt: private and public confideration.,: ‘Phefe; then’ were: the: habits:of his politicalilifes: io smu sc sir ayst oni dhiwoatiok Jodw But:with whom was Mr.:O’Connor conne&ted in‘England ? Werechis friendthips with Adminiftration sor with Oppofition ? ‘With the latter you can entertain nodoubt, for we have.called all the moftdiftinguifhed 'perfons: who commonly pafs bys that defeription.., Gentlemen,.:you will fairly conclude,: when you find: Mr. O’Connor’ aflociating: with ‘Oppofition, men lout: of place, that:he could not have ancinterefted:imotivesin doing it : if his:attachmenthad been to perfons now in/Adminitration;: it might atleaft have been contended; he was-a,candidate for: a r 1 H Hh 2 place ( 468 ) place aid emolument; but when you find him. aflociated with MEN» | awho have. it not in their power to beftow any, fayour, or to, afford any promotion, you muft be certain that they are the men of his choice, that they are the friends of his heart, Then let us. for a-moment confider whatis.the fort of paper in queftion. The charge againft Mr. O’Connor is, of a foul and wicked con{piracy to induce an invafion of England. If the charge again{t him had, been,, that he was going over to the French:to induce them to. invade Ireland, upon general, prin- ciples, at leaft, it, would have been lefs improbable. But how it can be fuppofed that Mr. 'O’Connor, who came over to. Eng- land from Ireland, quitting the latter, ftung with. what he deeins the fenfe of injury, fhould the moment he arrived. in England, enter into a plot to induce the French to invade England only, about which he cared nothing, and forget all that related to. Ireland, about which alone he cared up to that moment, how this can reafonably be fuppofed, I own I cannot poflibly conceive. But this is not all; you. will attend to the manner in which this. paper is worded <. it purports to be a pa- per, from the Secret Committee. of Encuann, to the Execu- tive DireGory of France, and it ftates—‘.Go on, ENGLIsH- ‘men will be ready to fecond your efforts:’, it continues-— : already. have the En GLisn fraternized with the Irith and the : Scots, aud a delegate from each now fits with us; the facred « fame of liberty.is rekindled; the holy obligation of brother- ¢ hood i is received with enthufiafm ; even in the fleets and the ‘ armies it makes.fome progrefs; difaffection prevails. in beth, ¢ and United, Britain burns to break her:chains.’ Then again it lays United as we are, we only wait, with. impatience to “fee the hero of Italy, and the brave veterans of the Bist $ nation—myriads will hail. their arrival with fhoutsof joy.’ In another place it fays—* EnGLisHMEN are no. longer blind ‘to their mott facred claims.’ So that, Gentlemen, you fee, that. i umevery: part of this paper, which is a paper purporting to be an.invitation to the Executive Dire&tory of France to ats tempt an invafion, it, is ana pplication by Englifhmen.to invade England, -and there i is not a word with refpe& to the difcon- tents of. Jreland, the difttels of Ireland, the difaffection of Ire- land, ( 469° ) Yand, much lef$ an invitation to the French tO attempt af TS vafion of that country.“ TF afk*you, is’ it poffible to ‘Believe, that Mr. O’Connor would quit this country, would léave with a bleeding heart thofe numerous perfons with whomnr he was in the habits of the clofeft and fondeft friendfhip, ‘for no other earthly purpofe, than the moment he got to France, to induce the French to invade England, though if he had any grievances to complain of, ‘their feat was Ireland, and in England only were his enjoyments to be found. But I will not enlarge furs ther upon the improbability of this part “of the’ cafe of ‘which my friend Mr, Plumer has alteady faid fo much,’ “Since then you have heard a defcription of Mr.-O’Connor in words ye 1 will not attempt to repeat’; that he is a man, frank, open, ingenuous, fincere’; a man affeCtionate, ardent in his friénide fhips ; that he poffefles great fimplicity and opennefs of cha= fatter; a romantic fpirit of honour, faid Mr. Erfkine, ‘is the characteriftic of his mind, But of {uch a man it 13 you are dée- fired to believe, that he would go to France ‘with 4 ‘paper, ‘pointing out unneceflarily as the objects for foreign enmity and deteftation, perfons with refpect'to whom | folemnly déclare I Believe he would willingly lay down his life to avert from any of them any ferious evil. “Yet thefe ‘are the only perfons whom you are to believes without a motive affigned, ‘aré the méh pointed out, defignated by Mr, O’Connor in“this paper; ‘as the objects of profeription and deftruction, thé moment that'a land. ing fhould be effeGted upon the fhoves of England; “But 3s to Treland and_his* enmittres there; “the paper is filent altogether. And, Gentlemen, of whom'are you requi ired’ tov believe: this? Of 4 man, with refpect'to whont Mro Sheridan has\ diftinlly ‘told you, that: in the courfe of canverfations of the’ thot confi. dential fort, he has always calle@ed “from nia; that’ it was the fixed fentiment of his- mindy that! Whether it was Englaid or Ireland, ‘no foreign power hadia riéht fo interfere. with the sovernment of anéther country £ that ihvafion ‘was ‘an“evett not only to be deprecated and “abhorred, but -toberréfifted to ‘the utmof whenever it might happen" This is ‘fot, t therefore, a cafe which ftands merely upon’ his general habits and: pane ciples, but as far'as you can-ket ot the interiop of “his weiind, “as Oh 3 far 3 ( 470 far’ as you can ‘fertch his’ inmof! foul, upon the fubjee of vhis political opinions 85 in this* particular ‘refpect,’ delivered*in’ his mott unguarded and confidential moments, you find him a de- termined enemy to invafion; no man more fo, no ‘not’ even Mr. ‘Sheridan himfelf, ‘who ‘has fo lately returned to the Houfe of | Commons, chiefly to induce all perfons, ‘with one heart and with: one fpirit, to‘arm, to refift to the utmoft, the threatened invafion ofa daring enemy, “ No, Gentlemen, not even Mr. Sheridan himfelf, who has lately maintained thefe' fentiments from motives moft honourable to‘himfelf, and I hope they may prove beneficial to his country, is’a more decidéd-enemy ‘than Mr. O’Connor to an invafion of this“countiy by France: But it will be afked, why was Mr, O’Connot going to France? And fuppofe I could ‘not’ explain: this, : would you therefore infer that his purpofe was Treafon? Thelaw warrants ‘no fuch ¢conclufion, quite the reverfe. “Fhe going to’ France “without a licence is; by a particular A@ of Parliament,’ made ‘a mifdemeanor, punifhable by an impyifonment of fixmonths. _It would be abfurd to fay, that in a cafe‘in-which the law pu- -nihes, the guilt, by ‘an imprifonment of fix months only, ‘that the Jaw raifes the prefumption of ‘Treafon ;\ on the contrary, the law excludes it. “If there were no particular catife) there- fore, to account for his going’ to France, fo ‘the ‘cafe! would ftand_in. this refpect. But what is the evidence 4s to this point? You have heard the account given by Mr. Erskine, ° Indeed all his friends agree ‘in telling you, that Mr-'O’Connor: was . anxious to remain in this country, ~ He was living’happily here, honoured, refpected, beloved by all. Witaets the fplendid teftimony. that has brightened his charaéter in this the eventful -hour, of his trial? living happily in England, he-would’ have withed to haye continued here. But why did he go? Mr. ‘Erskine has diftinGly told you. And who is*Mr, Erskine? an obfcure man—-a man ignorant of his. profeffion—a man 3 likely to miflead him! Who will fay this ef one, than whom there does nat exift, in this or in any other country, a’perfon of higher, honor, of more diftinguifhed talents. [was the man,’ fays ! Mr, Erskine, who advifed Mr. O’Connor intiaatly to quit: this country, to gst out of it by any means.’ The Attorney ( 472 ) Attorney General would not permit him to,explain why, and of this:L.do.not complain, for it would not:have been. evidence. To what then does'the cafe refult?. By the advice of the per- fon,. whofe advice, of. all. others, it was the moft proper for him tootake,; by the advice of Mr. Erskine, by whom. he is told.it is unfafe for him to continue: here,.,. Acting under. that advice, he attempts to go out of the country ;. in attempting ittheis found, without any treafonable paper about himfelf, in the. company of aman who is charged to have had in his pof- feffion a treafonable paper; and in refpec of that paper, though notinhis‘own pofleffion, nor the flighteft, evidence ‘given that he knew ofvit, you-aredefired to impute Treafon to him. But there yet reniains one circumftance upon the face of the paperiitfelf, which, in addition to all the other fatts obferved upon;is abfolutely conclufive to fhew that Mr. O’ Connor mutt have been completely ignorant of its exiftence. The: defign imputed:to Mr. O’Connor is a confpiracy, together with the othersperfons who are upon their trial with him, to obtain the poffeffion’ of; this paper,sin order to carry it to France. | It im- putes; therefore, a defign, a confpiracy, a plot. ‘And here dates aré material. . Gentlemen, you find that Mr. O’Connor arrivediin England fome time about the 7th of January ; the _converfation with. Mr, Erskine is fixed.to have paffed about the 2rftof that-monthy; “Attending to this, 1 beg your attention to.this introduGtory part of the paper in queftion: ‘¢ Citizens “. Diretors;weare calledtogether,” how? “ onthe wing of the << moment, 'to;communicate to you our fentiments. The citizen: wasuin “the poffeffion of ‘one of the. prifoners, withthe knowledge ofsallior:any othersof the prifoners, t conceive; ifthe fact ofethe‘poflefsion by: one of the -prifoners, accompanied: with the »true« inferences which -refulted from the? citrcumftances: cof »the conduct of the oreft of the prifoners, proved thatithe:prifoners were engaged in one:comnion defign, either'by that*paper, or otherwife, tovincite ythe enemiesof the Country, to’an invafion: of the Countrythat;: although fome “of the prifoners» might» not evensknow the fact; ifvit ‘could be fo put, that that paper: was:in the pocket book=of ©’ Goigly,nyety ify the: circumftances of the evidence fatisfy ‘youjras'to-each, “or any: of them, ‘that theyengaged in fuch’a ‘confpiracy;” that thatvevidence willbe fufficient: tor authorize you tovfind:fuchiof the prifoners guilty: With ‘refpec&t to the -fecond vovert-a& here hosed) salts that the prifoners did procure and obtain, “and in their cuftody and pofefsion did conceal and keep a certain paper-writing, theretofore’compofed and prepared; to fignify and-reprefent to -the ‘enemies of our Lord ‘the Kingothatrdivers: of the fub- jectsrof our Lord the King, in cafe the-enemies of ‘our Lord ‘the! King» fhould: make,: ‘or -caufe: to’ be. made,» an ‘hoftile iinvafion of this Kingdom, with: fhips-and:armed-men, ‘to: pro- -facute and wage .war againft the King, within this kingdom, ewould afsift: fuch: enemies; it isomoft certain that that count does, in the moft: exprefs manner, charge that: they sdidecon- ‘ceal and keep the :paper ‘in their -poflefsions but Dthink:alfo ‘that my Lords will agree with mein this obfervation, that itus not neceflary, that a prifoner, in order. to entitle you to find thim eguiltyy fhould have the paper inthis actual poflefsion, ‘though, as itfeems to me, upon'this count itwouldibe neceflary, if you ‘were to-proceed upon this count only, that theprifoners, -who had it not a@ually im their poflefsion, fhould in'this fenfe, have it ‘legally in-their poffefsion, Mamiely, thatthey fhould be ‘concerned in’one common defign withthe prifoner whoa@ually shasit in his poffeffion,’ to fend: that paper to France., “When you look -at the other overt ads here ftated, sahtigh ‘are overt-acts, charging . the prifoners) with'an endeavour to ‘hire-a veflel or veflels, to convey or caufe to be conveyed the prifoners ( 479 ) prifoners fromothis: kirigdom unto ‘and cinto: partso beyond: the feas, tothe intent that; they|might; iniparts:/beyond the feas, give advice, imformation, comfort, said, and/affiftance :to :the enemies of the King. 1 apprehend-it to be:quite clearin:point of law alfo, that» if you can be fatisfied-that it was theirsinten- tion that they, or any of them, fhould be conveyed; either con- veying all of themfelves, or caufing and. procuring »fome.of themfelves to be conveyed for that purpofe,. in whatever:form, in) whatever mode, by whatever means they meant. to) give ithat advice and information, even if that paper never hadsbeen carried. or intended to be carried into France,) the indictment swould be: made perfe€tly good as to all, who,:had :conceived that generalantention of giving fuch advice and. comfortj;ofe with refpect to treating for the’ boats, the fame fort of obfer- vation will apply to the,counts in the indictment which relate to that fact: As to thofe,. which relate to the confpivacy, I believe Iam accurate, hoping-to, be,corrected- if, Iam, other- wife; \in-ftating that,’ if all the prifoners, if four,.if three, af two, are. engaged in the confpiracy, the engagement of, fuch -humber of them, more or: lefs, in fuch con{piracy, would. juf- tify. your finding againft fuch. of them. as were fo engaged, notwithftanding you fhould think the others not guilty, With aefpect farther to thofe counts;.that mention .the’ treating, for boats. for the purpofes ‘mentioned. in. the indictment,.J appre= hend that Iam: alfo: juftified in flating, that whether. one;,or two, or more, were fo! concerned, as to fo many-as wereofo ceoncerned, you would be juftified, if the evidence) bore you out in fuch finding, in. finding them guilty, though»you tage othe others. » With, refpec& to the laf gousit] my. Lords. will. the that it-charges the prifoners with the fact:of going ito. the «King's Head, at’ Margate, for the: purpofe of there devifing »and-ob- taining the means of going to -France, with intent»to carry unto ‘the enemies of the King, intelligence; informationy, ad- vice; afliftancey afid comfort); it alfo charges that the yemeant to convey. that | paper»: But apprehend that itris; quite:cleamin point of law, that if you.can be fatished thatthey:meantitd give thats sist affiftance, intelligences sand) comfort, salrhough Shbo¥ sthat ( 480 ) ehat paper isamentioned in-that-count, it will not be necellary that. you fhould alfo. be fatisfied that * that advice, affiftance, intelligence, and. comfort, was to be given in this exprefs mode, namely, by the communication of that'paper to France! L have faid thus much with a view that the nature of this charge: may be underftood; it feems important now to. ftate, that Ihave great fatisfaction, whatever may be the nature of your-verdi@ in the. refult of this -bufinefsy in reflecting that at leaft thofe, whoiare charged: with this important offence, may be: fairly, I'think, reprefented to you now,-to have had time to. prepare for their defence, and I conceive: that this: obferva- tion-is not uncandid, becaufe; when I come. to confider what the nature of the'defence is; and what the nature of the defence might have been, I fhall certainly offer obfervations upon the nature of what the defence has been, with-more of fatisfaction tomy own mind, than Icould have felt, if Thad offered fuch obfervations to you, ‘having any fcruple in my mind with refe- rence to the fa&t, whether the parties had had fufficient time to prepare for their defence. “Before I examine the evidence on the partof the ‘Crown, as it affects each and every of thefe prifoners, {tating my obfervations fhortly, as to each and every of them ; -you will give me leave te difpofe of the whole evi- dence in-defence at this moment, with a referve only of what Phave to. fay ‘with reference to the charaéter which has been givenito Mr. O’Connor 5 you will permit me now to difpofe of all the reft-of the evidence offered in defence. With the exception of one witnefs, who {peaks to the fact, a very material fact, as it feems to me, viz. that of O’Goigly’s having applied to him as 2 perfon in diftrefs, I think the gen- tleman’s name is Stewart, Ido not recolle& that any witnefs has been called on the part of the Defendants, who has fpoken one fyllable with regard to any of thefe: prifoners, either as to character or otherwife, fave as to Mr.O’Connor, and excepting ‘the teftimony which relates to Thomfett. I correct myfelf; I underftandthat when I was out of Court, Mr. O’Coigly received a character from: the fame witnefs Mr. Stewart, a gentleman who knew him as a Clergyman, and never knew him but by the name of O’Coigly. With thefé exceptions ( 48; ) exceptions, I think the evidence on the part of the Defendant has applied to no one except to Mr, O’Connor. “ With refpe& to the witneflés who are called to contradi@ Thomfett,. and whofe, teftimony jit was very obvious, was calculated to difcre# dit him, under the idea that he would have given fome ‘confis derable evidence'with refpect to the property of the great coat ; you will permit me. to mention that Thomfett’s evidence, as far as it was material,’ was moft diftinétly proved to be true in two ways; firft it was proved by ali the witnefles at Whitfta- ble, that Thomfett went from Whitftable with the Cart and Luggage, and Q’Coigly, Allen and Leary; fecondly it is proved. by all the witnefles’ who came from ‘Margate, that Thomfett.came to. Margate with the cart, arid ‘with O’Coigly, Allen, and Leary; fo that the fa& which Thomfett ftated, that he had made that journey, would have been’as well proved™ without the evidence of Thomfett, as with the additional evis: dence of Thomfett; and; in point of fa@, Thomfett) fo far from giving a fufpicious evidence, had ftated himfelf with: great caution, with reference to the coat, that he would ‘not prefume to fwear.to the coat ; in fact, he faid little or nothing about’ the coat, and then’ they took the trouble 10 call three witneffes to difcredit him, one of whom, I think his name was Kettle, infteadof deftroying the credit of Thomfett, whoie evidence was really not neceflary to be given at all; confirms him throughout, for Kettle ftates diftinétly that he told the fame ftory to him as /he’has related here this day; he certainly does {wear that Thomfett did fay he wifhed they were hanged ; you recolle& Thomfett explainedthat by faying he wifhed they dhould be hanged, if,they deferved it, and that he would not take a hundred:pounds. to,keep back his. evidence*4f he was: offered it, and.that,he had been offered three hundred pounds not to give his ‘evidence, which fac you can pay no attefition to, becaufe it is not brought, home to any of the prifoners 5 sand then with refpe&t to the’two women, Mrs. Jones and her fers -yant, they differ in this mo material refpect, that Mrs: Jones” ftates the converfation, fuch as it was; to have'béén upon the day when thefe gentlemen were arraigned at Maidftone, which, if Lrecolle@ right, was upon the goth of April, whereas the IP fervanty’ ( 482) fervant, who was called to fupport her, diftin@ly ftated that the converfation paffed on the 9th of March; I ‘think therefore, that with refpe& to that contradiction, which is ‘attempted’ to ‘Thomfett’s evidence, you may lay it entirely out of the queftion. Gentlemen, when I had the honour of opening this cafe to you yefterday, I certainly could not be ignorant that Mr. O’Connor, one of thefe prifoners, had: been ‘intimately ac- quainted with a great number of perfons of high refpect ‘and ‘condition, who have this day been called to his character, and undoubtedly from the evidence which has been given with refe- tence to his character, he is entitled to fay he has’ received teftimony to character from perfons of as high credit, and from as refpectable witnefles, as it is poffible to put into that box; though I could not be ignorant that he was'in the habits of intimacy with thofe perfons, the difficulty that ftruck my mind was this, (how far Iam right inthis obfervation it willbe for you, when you have heard the more correct obfervations of my Lord, to fay), that it was impoffible in the nature of things, however, that Mr. O’Connor could be engaged in fuch'a tranf- action, as this certainly muft be admitted to be, attending to ‘all the circumftances: of it, without occafioning at’ leaft ‘as much of furprize to the refpectable perfons who have fpoken to charaGer this day, as the difclofure of thefe circumftances could have created in the minds of any perfons, who had not had previoufly an acquaintance with Mr. O’Conhor. © ‘The feelings of furprize, which fuch a tranfaction as this is, confi- dered with reference to all its circumftances, muft neceflarily “ereate, cannot but be as confiderable in the minds of thofe who fpeak to character, as in the mind of a’ perfect ftranger‘to the perfon relative to whom fuch a tranfation happens to’be re- lated. Gentlemen, having ftated to you the nature of ‘the indiG- ment, and having troubled you for the prefent with thefe fhort obfervations upon the defence, which has been made by the evidence on the part of the prifoners, you will allow me here, to apply myfelf for a moment to confider thofe principles of evidence, which my learned friends ‘have, each, and every of them, ( 483) ; them,/infifted upon, as being.thofe which are.to govern yout minds, when: you come.to apply, the. facts jof, this cafe to the law, of the, country; and L..am.extremely ready to ftate with them, in the broadeft.terms,.that your confciences. mutt, be perfeétly fatisfied by cogent evidence, and fatisfied too, by that Apecies of formal evidence, which the law.of the country, re= quires to be given in this kind of cafe, that the Defendants are guilty of, what is imputed to them, before you can convict. Gentlemen, I am confident that no man in this country would dare to, afkyou to convict them upon any evidence, fhort of that, which does fully fatisfy your, con{ciences 5 and here I take the opportunity to befeech of you, on behalf of the Country, and on.behalf of the» prifoners, who are. part of the Country, in. whofe fate the Country is interefted, deeply interefted ; that your verdict fhould be according to the evidence, that you will now. addrefs.yourfelves, to confider the whole of the evidence which has been given, and that you will now moft anxioutly endeavour to execute the duty which you have folemnly im- pofed upon yourfelves, bythe oath which, you have taken, to make.a true deliverance between the King and the Prifon- ers atthe bar., Gentlemen, Igo as, far as any man in befeech- ing you,, by every confideration. that can he prefled home to your confciences, that, if. any means. whatfoeyer have been taken to create.any prejudices, you will be pleated to recollect, that,,in my humble judgment, there is not a manamong you, who is qualified to.execute that duty. which, the, law, impoles upon.you,) who.has ventured to form an opinion upon this eyi- dence, till the very moment,that you have heard the whole of it, and the whole that is faid upon, it, Having heard the whole, you fhould then confcientioufly review the: w, hole ;. and I truft. Iam addreffing myfelf to. twelve.men, none of whom have formed their opinion, declared their opinion, or. ftated -their opinion even atthis. inftant. Gentlemen, you. will permit. me to fay, that 1 think my learned friends,, I.mean particularly the very refpectable gen- tleman.who addreffed you firft, and the.very refpectable gen- tleman. who addrefled you laft, muft haye-entered upon. the execution of their. duty.this day, wath confiderable pain,,, be- Ti2 caufe ( 484) taufe I think it impoffible‘not to fee, that they have felt it ab- folutely impracticable to defend all their clients, without ‘necef- - ‘farily making admiffions, which muft'prejudice’ ‘fome of their élients, and without ufing arguments, -occafionally,’on behalf of fome of their’ clients, which arguments cannot, in ‘my: ap- prehenfion, ‘be juftly founded, ‘without your being compelled to draw’ inferences “with reference to fome others of their clients, which it was the ‘duty of Counfel, as far‘as their fituation would permit, and’to’the extent in’ which ‘heir fituation' would per- mit it, to have guarded'the other prifoners againft; they have executed their duty’as faithfully ‘as the nature of the cafe’ would permit. With refpe& to the law in this ‘eafe; upon ‘the ‘nature of the overt ‘acts; I think I am entitledto repeat again, ‘what ['ftated in the outfet of this bufinefs, that we- could ‘have no difpute about it; as to the offence of compaffing the King’s death, the offence of adhering to the King’s enemies, and’ the offence of inviting thofe enemies'to entet the Country; Tftated them to be in law of fuch a nature that'it is unqueftionable, and for that réafon it has not been*queftioned ; when'I fo ex- prefs myfelf, I defire not to be ‘underftood’to- mean that it would have been improperly called’in queftion, if ‘it could have been queftioned ; ‘but it has not’been, and could not ‘be quef- tioned, ‘that if the “overt acts of thofe ‘tréafons, as Jaid, ‘are. proved in fact, they are, in point of law, each,’‘and’ every of them, fuch overt acts, as will fupport the’charge ‘made upon the ftatutes, upon which the indictment for’ thofe'éffences pro- ceeds; Ido not therefore trouble you-with one’ word ‘more xipon the law of the'cafe. With refpeé to ‘the’ facts of the cafe, ‘my learned friend who addreffed you firft this ‘morning, admitted that ‘it'could not be reafonably or’ fairly doubted,’ after the evidence which ‘had been given, that Mr. O’Connor, his Servant, O’Coigly, and Allén, meant’to go out of the kingdom together—and, I think, he-could not raife a doubt that they meant to go to France, ‘and ” that°thefe “four did mean to go to France, is, I think,‘ a-poimt of fat which ‘it is impoffible for “you to doubt of, when you come” te confider the ‘evidence. “My ‘learned: friend, ‘whofe met language (485 ) 1 ee language Iam now.alluding to, followed by other gentlemen in the fame terms, intimated that no fuch thing could be ftated with refpeét to, the prifoner Binns. Now, with, reference, to that, I. take leave to,ftate to you, that, for the reafons I fhall reprefent_prefently, it appears to me, that,that is as decifively preved (more decifively it cannot be proved). with reference, to Binns, as with refpect to any other, of the four. There was another obfervation which fell from the learned gentleman who opened this caufe in the.morning—a comment, I fhould rather call it, upon the nature of the paper addrefled to the Executive DireCtory. That the paper, as he exprefled himfelf, was. a foul paper :--He fpoke of the contents of the paper, as of the contents of what he called that foul. paper 5 and he. fo, characterized the. paper, when he ftated that Mr: O’Connor. could not, be, bafe. enough, wicked enough, or foolifh, enough, to. have any thing to do with that foul paper. He. was obliged afterwards, however, to contend, I think, that this paper was rather foolith than foul ; and he afterwards entered into a difcuffion,.of the contents of the paper, many parts of which difcuffion,] fhall have occafion to take notice of, When he. came to confider the cafe of O’Coigly, he found it, as. it feemed to me, impoflible fo to ftate himfelf. to you, if you credited the evidence, and the paper was fuch .as he firft admitted it to be, as really to raife any thing like-a fair doubt in your minds with reference to the guilt of O?Coiglys if he, having in his actual poffeffion fuch .a..paper.as; the: Counfel had firft reprefented this to .be, did intend.to go, te France with that paper; and my learned friend; was therefore obliged, in this part. of the cafe, to contend: that, the’ paper, though at firft reprefented as I have mentioned,:was of fuch/a nature, that it could not poflibly be prefumed-that it) was ine tended to be,delivered to the Executive Directory, to whichoit: profefles to. be addrefled; and that the. contents. of.it were, fuch, that. it was impoflible, even if you thould be of opinion: that_ O’Coigly had the paper in his pofleffion, that -he could have had it in his. poflefsion, as I admit, he -muft ‘have. had- it, to. make the poffefsion criminal according, to the Indictment, Fi 3 with do Daa 9d Cer 2 with. intent to be carried into France, to be prefented to the enemies of the country. -Let, us. now-fee, as to general facts, how the cafe ftands with; -reference to, O’Coigly---Some little attempt was made yefterday to prove that O’Coigly was an Irifhman in diftrefs : it has been followed a little to-day, in the evidence of Mr. Stewart, who mentioned, I underftand, that he was an Irifh- man.in, diftrefs, relieved by him, Mr. Stewart, and likely to be,.relieved by Mr. O’Connor, whofe temper and generofity have been, flated—that he had fled from Ireland, as my friend; who addrefled you laft répeated again and again, on account.of the ftate of Ireland; that, having fled on account of the ftate of Ireland, it was true that he was going to France ; that, fome how or other, but how remains perfectly un- accounted for, he had conneCted himfelf with Mr. O’Connor--- a connection perfeétly unaccounted for, as it feems to me, both upon the part of Mr, O’Connor, and Mr. O’Coigly ; that he, had alfo, fome how or other, connected himfelf with Binns ; ‘The origin of that connection of O’Coigly with Binns is alfo perfectly unaccounted for, as well as the origin of Mr. O’Connar’s connection with Binns. That he had likewife connected himfelf with Allen, and that thefe four perfons and Leary were found at Margate, going to France, under the cir- cumftances which you have heard, It is faid, however, that there was no criminality attached to Mr, O’Coigly.—Gentle- men, you will permit me to put you in mind of what has been really the evidence---and I will do it in a very few words. You have had evidence laid before you, which, being un- contradicted, I apprehend I have a right to ftate to be com- plete, that. O”’ ‘Co! gly appears to have been in France, by the Paffport which has been produced, which is proved to have upon it his own name, in his own hand-writing ; and in Holland, and in Flanders, from the month, I think, of Auguft, to the month of Novem ber, if not of Beet inclufive. If, therefore, O’Coigly was a perfon who had fled, from any cir- cumftances of diftrefs, from Ireland, which, by the way, are not at all proved to have exifted---but, if O’ Coigly from any cir- ( 487 ) circumftances of diftrefs had fled from Ireland, the firft ob- fervation that I have to make to you is, how does it happen that. Mr. O’Coigly went fo lately back to Ireland, as’ the letter. which he writes to. Lord Edward Fitzgerald, on-the r4th of January, diftinétly proves that he went back ’ to Ireland? and. which letter, though it contains a very few words, I take; to be a moft important one in this cafe..--How does it happen that he betakes himfelf to Ireland in the period between the month of December and the 14th of January, the daté of the letter to,Lord Edward Fitzgerald, and then comies. back again to England foon after the date of that letter? ‘He. has not at all accounted for his going to Ireland: he has°not at. all accounted for the fact of his having been in France» he has not at all accounted for the fact of his being in Holland; he has not at all accounted for the fact of his having been in Flanders : he has not at all accounted for the circumftance of his writing the two letters proved---the one to Rotterdam--- the other to Amfterftam—-the one of which you will re- colle&t was put into the hands of Perkins, the man who keeps the Bear and Key, at Whitftable ; the other of which’ was found in that pocket-book, which, upon the evidence, T am entitled to reprefent, I think, as being his pocket-book. I will ftate prefently, why I am entitled fo to reprefent ‘it : He has given no account of any of thefe tranfactions ; and he has not accounted for having the Addrefs to the Direétory. It has been proved upon him, that he has been in Ireland : it has been proved upon him, that he has been correfponding with Lord Edward Fitzgerald: he has not thought proper to give you any account of the fubject of that correfpondence: and (what is as material as any thing) you will be pleafed to recollect that it was proved by Mr. Ford, who was’ here examined, that, according to that practice which I was going to call humanity; but it has nothing of a more dignified character, in my opinion, than that which belongs :to common and ordinary juftice; this gentleman was told that he was not bound to giye any account of himfelf; and, that being brought upon fulpicion before thofe, who examined him, if he thought it proper to give any account of himfelf, which hada tendency lig to (488 ) to icles? ‘hits fromthe fufpicions which ‘had ‘attachedoupon him, ke had’ an opportunity of doing it,’ and ‘he was examineds— ‘Without calling now to your attention the particulars of each of the examinations of O’Coigly;which have been ‘given in evidenée, and which you will hearftated-in the'terms of them by the learned Judge, who fums up the caufe, which circum- ftance; therefore, makes it unneceflary for me’ to trouble-you with the detail of thefe matters, Ithink myfelf entitled to fay, that the evidence which ‘has been given before you, to-day and yefterday, ‘moft diftinctly proves that there is‘not one word of truth in either of the examinations of O’Geigly. Then T beg to call your attention to the cireumftances of his conduct. In the firft place you obferve, that'it has been proved by Mrs. Smith, Fthink, that Binns—I fhould be ferry to mit reprefent any thing here, and therefore J/mention that I am ‘not fure° whether I am corré& in imputing this fact‘ to Johnyor Benjamin Binns; but that either! John’ or Benjamin had hired i ‘the houfe of Mr. Evaiis;’ in Plough-court, : Fetter-lane, a lodging Mr. Fer guffn, There is no proof of Binns having hired any lodging—I ‘refer to hisLordfhip’s notes. My. Fuftice Buller. He flept in his brother’s bed. Mr: Fey rnfon. Notiiig of Binns having hired\aodging ‘for anybody. Mr? Attorney General. 1 will not detain you, Gentlemen, with'that ; it is but a very fall cireimftance amone many. Gentlemen, I was about to flate to you) thatafter’ John Birilis had fet’ out; upon ‘the Wednefday, for Rochefter, and you will recollect here,’ that with refpect to John Binns’s' cons dict, as'to his journies, it is not only proved by all the witnefles wih have’ been ‘called, but the whole is'proved by -his own me= mordhdum book, though I admit that the circumftance ‘of ‘his taking thefe journies, of itfelf, is very infuficient to! prove'the ériminal intent that‘muft’ be fixed upon'him, in order ‘to ‘find him euilty, according’to this indictment. That after-this: John Binns had gone to Rochefter ‘upon his journey, ‘and ‘before his yeturh, and after he had been endeavouring to ‘engage boats upon the’ Friday-at imei and upon the Saturday at Deal, Mr, ¥ (24895) Mr. O’Coigly,.and -Mr. O’Connor, dined »togetler, upon the Saturday,.at the houfe.of Mr. Bell. . Now, when we {peak.of this Romafi,Catholic Clergyman as a perfon. in diftrefs, and when we fpeak of Mr..O’Connor as wifhing to get out ofthe country, ‘upon-the-advice given him, withweference to,which I have,a.good deal of obfervation to,lay before you prefently—1 obferve here that-itis a very fingular mode of .relieving a Ro- man-Catholic,Clergyman: in) diftrefs,.to convert, him. into! an officery to make a gentleman fellow-traveller.of, hiny as an officer, and to. take him, abroad with you in the character, of ap officer and fellow-traveller, having a fervant to attend him that it-is fingulat that this happens by way of relieving him im his diftrefs. - L obferve further to you, thatut is: (as far.as. any thing can be collected fromthe evidence-of Mr, Bells) proveds that O’Coigly;. as: Captain Jones, and Binns oecafionally, called upon Mr. O’Connor at his houfe, and that when O’Coigly oced= fionally.called upon Mr.OQ’Connor at his/houfe, he was introduced to him (Mr.Bell) by: Mr,-O’Connor, as Captaim Jones; that he dined with him as Captain Jones, as the friend of, and a perfon introduced. by Mr. O’Connor. It isproved by other evidence, that in the evening of the day upom which they dined together at Mr. Bell’s; to whom Mr. O’Connor had introduced him under the name: of Captain Jones; Mr, O’Coigly, under the natne of Captain Jones, and Mr, Allen, flept in the room,of Binns, at Evans’s houfe, No. 14, Plough-court, Hetter-lane. On the Sunday morning, as you recollect,’ Mr. O’Connor, under the name: of Colonel Morris, with his fervant, Leary ; and Mr;:O’Coigly, under the name of. Captain Jones, .with Allen, in. the: characterof -his fervant, (the, account of the comnection between O’Coigly and Mr. O’Connor being given: you upon the foot of the fuppofition that Mr, O’Connor was willing :to relieve a/perfon in the fituation of O’Coigly,,in diftrefs,) meet oppofte the Tower Stairs,,and they.go down together: to; Whitftable. .1 .pafs over the -tranfactions which happened :on ‘board the boat upon the evening». Dhe two, milix tary ogentlemen, as they. them appeared. to be, namely, Mr. ©’Connor and ‘Captain Jones, leave the! veflel, taking with, them ‘apart of the-baggage >the two fervants,, as they, were, fuppofed (499) fuppofed) to -bes,the one of them being a fervant, the other being the perfon, who had -flept at Evans’s alongwith Mr. O’Coigly, ftaid on board the veffel,, to bring the reft of the ar- ticlessifrom on board... Upon. the fubfequent day, Gentlemen, L-think) it has, been proved to you,.reafonably proved to vou, thatin. the morning, ‘in confequence of Binns’s not being at Whitftable jin ithe,.evening of Sunday, Mr. O’Connor left Whitfable; andyO’Coigly flayed at: Whitftable. I think it has-been’ reafonably: proved, that great attention was given for the whole time, during which they -were at. Whitftable, to the baggage; and I-think. it has been reafonably proved, that both at Whitftable; and afterwards, when the baggage was re~ moved, that baggage was. carefully attended to; and, what is veryimaterial for your confideration, it: has been moft diftinctly andi clearly, proved; as it appears) to me, that at Margate, upon the: Tuefday afternoon, after Captain Jones, that.is, Mr. Q’Coigly, came tothe. King’s-Head at. Margate, there had been:no other guefts:in that houfe between the time at which Q’Goigly came, and the time of the feizure of the ‘baggage the next morning; that the family, one and all of them, peak, as far as it was poffible to’ eftablifh fuch a fact by evidence, to the ‘circumftance that) no'other baggage had been brought into the houfe: they diftinctly ftated that that coat was found in the room*in which Mr. O’Coigly was. fitting; and as to which coat, it has been urged to.you, as if it could be taken for granted, that it had never:been in O’Coigly’s bed-room in the courfe. of the night, whereas that fact has never been proved, one way or the other; and if the.coat had:never been in the bed-room,: the -pocket-book. might have been there; but I do not pretend to. flate that. fact,.one way .or the other. It is proved that it could not be the baggage or great-coat.of any gueits who were in that houfe, for there were none ; nor was it the baggage of any part.of the family. of the houfe. ‘Then, Gentlemen of the Jury, an attempt is made to. ftate to you,. with.reference»to Mr. O’Coigly, that. this. paper was not.found in. his: poffefiion.. .Now fee what are the circum- frances with refpec& to finding the) paper) in his poffeffion.. I fpeak' with refpe& to him-alone nowe ~They. find the paper in a pocket- ( 46r J a pocket-book, which pocket-book is in the potket ofa great coat, which great coat was in the room where’he was fitting, and whether that great coat was his or not, I ‘diftin@tly told you in the opening yefterday, did not appear’ to my judgment to be material; but they find that pocket-book in his prefence: they examine the contents of it-—atcording to Mr. “'wopeny; this paper, which is addrefléd to the Executive ‘Dire&tory ‘of France, was folded up in a fheet or two of white ‘paper, in fuch a manner that it could'not readily be feen’; he deferibedsto you the fold at the edge of thé paper; it was found in that pocket-book, with’a variety of other papers ; it was foundin that pocket-book ‘with other papers, which were addrefled to Captain Jones; it was found in that pocket-book with another paper, which was directed to Lieutenant Johnes, and’ which cer- tainly, as I underftand, whilft I was out of Court, has been proved not to be the hand-writing of Mr.O’Connor, but‘of Mr. Stewart. It was found in that pocket-book with that ‘let- ter, however, of Mr. Stewart’s, which is a letter to Mr. O’Coigly, and found in a pocket-book with the letter of orders, and the teftimonials which produced the grant of thofe letters of orders, to Mr. O’Coigly, whoas now fitting at the’bar. Gentlemen, you are told this is a kind of negligent cuftody, in which fuch a paper would hardly be found; I cannot agree with that obfervation, for I think the paper was in a‘cuftedy in which it was much more likely to be found, ‘than’ that it fhould be locked up in any one of thofe boxes which requiredia {mith to break them open, being boxes which, ‘from their con- ftruction, it has been proved, were moft difficult to open ; the means of deftroying that paper were not fo'ready to the perfon who had the poffeffion of it, if he kept it in the boxes, as ifhe kept it in the pocket-book: ‘then he has the coat in the room with him, the pocket-baok in the room with him, and yowwfee what means of defence he has’ upon his perfon, the inftrument which I now hold in'my hand. ‘This pocket-book is:feized, he refufes to give any account of himfelf, he denies’ a connec- tion with any of the other perfons, and continues’ to deny’ that ~ conneétion not only at Margate, but in the way upto town; and he denies it when examined at Bow-ftreet, and whem be- fore ( 40): fore the Secretary of State; and the. denial; both, at. the;one, place and at the other, is of {uch a nature, that, connected with, the other facts proved, it is utterly impoffible, I. apprehend, for men acting upon the common. principles, which, ought, to actuate human judgment, to enable it to’ form conclufions acy cording to what is fairly rational, that you can have. the. leaft doubt that that paper was-in his pofleffion, , Gentlemen, if that paper was in his pofleffion, furely I fhould be thought to watte the time ofa Britifh Jury, if I, was to. follow.my learned friend through: the great variety of obfervations. which he made upon thé contents of it. With refpedt to,the date of the paper, it is Not immaterial to obferve that it is dated upon the.25th.of Jatuary : itis therefore.a paper dated within; about four. days of the time in which Mr. Erfkine gave the advice, which, his evidence, tendered. to you this day,, has informed you, that he did give, It is a paper addreffed from the Secret Committee, of England to: the Executive Directory of France ; it, purports upon the face of it, therefore, to be a paper to.be;delivered te the Executive Directory of France. My learned friends have faid, that we have not proved who the Secret Committee of England are—In the firft place, it is impofing a tafk of fome difficulty upon perfons to prove who form a Committee, exprefsly ftated to be a Secret Committee ; but it is not neceflary to this cafe that any, fuch Secret Com- mittee fhould exift; if it does exift, then O’Coigly having the paper, addrefled from that Committee to the Executive Direc- tory of France, and meant to be delivered to them, in his poffefion, he knowing the contents of it, is, unqueftionably guilty of an overt a&t of treafon. If that, Secret Committee does not exist, but this is anaddrefs to the Executive Directory. of Frasice, in order to induce them. to believe fuch, to be. the ftate of the refources, and the flate of the difpafitions: of the people in this country, as that paper reprefents them, and to believe that there exifts fuch a Committee as that,Secret Com, mittee in this country; and if it was intended to make: them. believe all that, contrary to the truth, then I have no. other obfervation to make upon the fact but this, that. it appears to be a more defperately wicked a& of High Treafon, than in the other ( 493° ) other cafe: becaufe then it is {tating diftin@ly to the’ enemies of ‘the ‘countty, with a view to invite them to invade the country, contrary ‘to the truth, that there is a fyftematized and organized body’ in the country, which has a Secret Com- mittee in the country, capable of reprefenting, and taking upon itfelf'to reprefent ‘the wifhes, the crrcumftances, and the finan- ces of the country ; and it is knowingly giving ‘them éncou- ragement beyond what the truth could admit to be reprefented, if the law would admit any reprefentation upon the fubje& to, be made. Then my learned friends fay, why fhould the Secret. Com- mittee of England flate all thefe circumftances about the voluntary contributions: the French already knew thofe cir- cumftances. If my learned friends will refer to the date of that paper, and recollect that it was upon the 25th of January, the -fa& with refpect to the voluntary contributions inthis country was ‘not then of the fame:nature as it is at this day. Thetwo millions, or thereabouts, that have been fub{cribed into the Bank of England, were ‘not fubfcribed into the Bank at that time; and I believe not a fiftieth part of them was then fub{cribed, and ‘the “paper marks, with pointed:attention, that circumftance to’the Executive Directory of France. You, Gentlemen, when you come to look at ‘the paper; will fee that ‘there is a line drawn under the word failed; it calls for. the ‘particular‘attention of the Executive Direétory to the fact, that -the ‘voluntary contribution ‘had failed ; and it ftates that which the writer of it-muft know to be contrary to faét, with réfpect to the'army, and the manufaCturers of the country,.and with refpect to the feamen of the country. In cfhort, it isa paper which is-calculated to induce the Executive Diretory to believe this, and to believe what is ‘falfe, that the great bulk of the valuable “fubjects of this country, ‘for in this country, ds living all-equally under the law, every'man in the country is of hich value‘in the view of that law ;-that the creat bulk 6f ¢ 24 3 = the “valuable fibje&sof this country are united. for the fake” of forwarding an invafion’ from France, in a. proje& to Overturn’ that fyftem. of government under which they-afe living, and reprefenting their want of attachment to that fy!- ten tem, ( 494. ) tem, their want, of the means of defending that.government, and that they are unwilling to contribute any partof their pecu- niary refources to the fupport of the government and the coun- try. It attempts to make the Executive Directory of France believe, that/in this country. there was a body of men who were willing to {peak to/them precifely that fort of language, which every man who, knows any thing of the French Revolution, does know, has been the fpecies and kind of language in which the papers of that government itfelf, as well as of others with which they have been correfponding, have always been, couched. Read the paper; the language of it is calculated to be addrefled to. Frenchmen; it is.in the very ftile and language of every paper that.we,have feen during the laft three or four years, that relates to that country, and itis unqueftionably a paper. which is drawn up, as Ihave. before ftated, for the wicked purpofe of communicating, Icare not how truly or how, falfely, the refources, the.difpofitions, the means, the inclinations, the temper of the people of this country, for the purpofe of in- ducing the perfons who have the government of that, country in theix.hands, to invade this. . .Gentlemen, I am. fure it will, not be contended, though jit has been. infinuated, that this is, the lefs an overt-a@ of High Treafon, becaufe the French, DireGtory, might not a&, upon ity after confidering the whole contents of it, if. they had ,had the means of learning by thofe fpies,, whom I think one of amy. learned, friends intimated they had in this.country, that the intelligence conveyed in it, was. not.true, that) it. was not.accurate, that it was not well founded; it will furely, not ebe, contended, that it is the lefs.an act of High ‘Treafon in perfons who give the information, becaufe the French, Direc- tory happen to find out, that it is not information upon which they can rely. Whether they can or cannot rely upon the in- formation,.it has been the language of all Judges, in all times upon. this fubject, that the man, who has ventured to compofe fuch a paper, or to keep.it.in his cuftody,) with the intent, of fending, it to the enemy, to give them information, has done,as -rauch as.in him lay, to bring about the purpofe, which the paper, upon ( 495° | upon thé face of it, attempts to accomplifh. “His °euilevis complete, whatever effe& the paper has. It is faid) ‘that it is an extraordinary thing, (1’am again ‘ap plying myfelf to the cafe of Mr. O’Coigly only) it is faid; it is an extraordinary thing, that no other paper’ but this >was intended for the Executive Directory... Why ‘fhould: there be any other paper intended for ‘the Executive’ Directory? Befides—this paper is, in its nature, a credential of ‘the man who carries it.—It is a paper, which, if conveyed* by any man, and received from that man by the Executive) Directory of Frarice, would eftablifh to the Executive Directory, that that man, without the aid of ‘other papers, with the aid only of the intelligence and information that could be conveyed iby him in converfation, might be received, as able to make reprefentations for others upon the fubject to which it relates * It would’ inform the Executive DireCtory that he was a per- fon who came accredited by that Secret|'\Committee, or that body of men, who were fuppofed to fpeak their fentiments in that paper, and that he was a perfon with whom they might communicate with confidence, upon the fubjecis contained in that paper. And when after all this, you find Mr. O’Coigly called upon to give an account of himfelf, has given that ac~ count, which is detailed in the examination from Bow’ Street, and the examination from the Secretary of State’s office, Gentlemen, however painful it may be to me, to reprefent ‘to you, that’ this cafe is moft clearly and decifively proved again the prifoner, of the name of O’Coigly, in difcharge of my duty, I'am bound «to do it, and here I reft the’cafe with you, ‘befeeching only of you to correct me if I have fallen into any error, with reference \to his'cafe,’ in point of factasd am ‘fure'my Lord will do if I have fallen inte any error ih point of law. Gentlemen, the next ales to which -P ‘will beg: your ‘at- ‘tention fora few minutes, is the’ cafe of Mr. Binns.+Now with refpect to Mr. Binns, reprefenting to you that4T>appre- hend that this indictment “is ‘completely proved ‘againft him, -if you fhall‘be datisfied either’ that he- was, cognizant ofthe ‘purpofe of Mr, O’Coigly, or any others, to go to, France with ( 496 } with that paper, otto carry any intelligence or information to France, whether contained in that paper or'not, with in- tent to give affiftance to the enemies of the country; you will give me leave to flate how the cafe ftands. as againft him. In the firft place, he has given you no evidence whatever— none—how it happened that he had any connection either with Mr. O’Connor, or with Mr. O’Coigly, or with Allen: the fact is clear, that he knows them all moft. intimately. That he-was engaged, in any way of putting the cafe, with reference to Mr. O’Connor, as. his agent; that, in the. moft favourable way of putting it, he was engaged as the agent alfo of Mr. O’Coigly, ‘in their attempt to. go into France.— ‘That the has: been alfo-engaged on the behalf of Allen, who was apparently the feryant of Captain Jones, in his attempt to get into France.—Thefe facts are .clear beyond all quef- tion.—If the cafe- had ftood upon. thefe things alone, as a cafe of fufpicion; one fhould naturally have expected that Mr. Binns would have endeavoured to have given: you fome information how ‘His acquaintance ‘happened to be formed with Mr. O*Connor; how his acquaintance ‘happened to be :formed with Mr. ©’Coigly; how his acquaintance happened: to be formed with Allen. Gentlemen, I beg the favor of you to attend to the fame obfervation, -otherwife -put—How ‘has. it happened in this cafe, that Mr. O°Connor has given: you no account how his connection came.to be formed with Mr. Binns ?—That Mr. ©’Connor has: given no evidence chow ‘his: connection ‘came'to be formed with Mr. O’Goigly? So I.put it again as to Mr. O’Coigly.—How- has it happened :that she has .given you no evidence how ‘his connection came tobe formed with Mr. ©’Connor? and how has it happened that-he has given ‘you no evidence how:his conne@tion came-to beformed with Mr. Binns? Then as to Mr. Binns, you find him, in fact, as -eatly as the Wednefday morning, .the agent of Mr. O’?Connor, of Mr. O’Coigly, and of Allen; the commencement of :his connection with whom, or with any of whom, he has not ex- plained to -you at. all; but he: goes downto. Rochefter, upon Wed- 4 497 ) Wedniefday—upon Thirfday he was engaged at Canterbul'y with two witnefles, of thé names of Claris and Mahoney ; he’ reprefents himfelf there, if I recollect rightly; “as being about to be concerned in fome {muggling conneGion; defifing to have a recommeéndation—not to fuch place—you will attend to’ that—not to fuch pla¢e, as Claris 6r Mahonéy fhould’point out to him, but defiring a recommendation to fome’ pérfons at’ Whitftable, that place to which Mr. O’Contiot Mr. O’Coigly; Allen, and Leary, came upon the Sunday, to which they have not accountéd for their coming upon the Sunday, unlefs theré’ Had beén fonte intermediate communication between Binns’ and them, or fomie of them. — ; He’ not only points out to Claris and Mahoney that Whit ftable is the place he wants to go to, but hé names the perfons there, to whom ‘he wants ‘a recommendation, and he ftates, falfely, as Tam entitled to fay upon the evidence of Rickman; that hé had’ been recommended to” Claris by Rickman; who has proved to yott that hé did not {6 recommend’ him. He goes to Whiftable: he fees there ‘no lef than four perfons; I think—he fees Kitchiteh 1am, Appleton, Norris; and Fore= man, Now, Gautama’ you will permit’ me to call your’ attention, for a moment, to the converfations which he has at thefe places.---In the firft place; is it capable of being denied’ that Mr. Binns (who was a lodger in the houfe; whére Allen’ was paying 7s. 6d. a week for his room’ in Plough-court,’ Fetter-lane ?)---Is it’ denied that Binns, at Whiftablé, énters’ into a negociation to hire’a veffelt--I do not nanié the place” now-—the price of that hiré being no lefs than the’ dépofit of three hundfed guineas, and the price of the voyage, if the trip was a fhort oné, being one hundred’ guineas-—that is, if the trip was a fhort one, and the veffel brought back, what’ oné of the witneflés has called’a crop, and ‘a hundred and” fifty pounds, or guineas, if fhe came back unfreighted with’ any fuch cargo? Now, I beg to afk how it happens that Mr. Binns has piven you no explanation whofe money it was, that hé was bartering with thus largely? I do not calf it exceffively, for the terms Were not excéfsive, they were much larger than Kk the ( 498 ) the bargais afterwards made at Deal, but not excelsive; con~ fidering the danger the tranfaCtion was attended with...How has it happened, that Mr. Binns: has not accounted. to. you by what authority he was empowered to pledge: himfelf to thefe perfons, that there fhould be a depofit made to fo confi- derable an amount, or.that a fum fhould be paid in one event, ot other, fo confiderable as the fum he did engage, fhould be paid to thefe people at Whitftable? There is another material circumftance. ars Binns, if I underftand the evidence right, firft. propofes that the veffel fhould go to Flufhing—he is told that to Flufhing it-cannot go, becaufe there is an embargo by:the enemy: then he propofes, and he propofes it as'an object, which he more defires, that it fhould goto Havre---that it fhould go Dunkirk---that. it fhould go to Calais.---He diftinctly, therefore, propofes that a communication fhould be opened between this country and the country of its enemies. eis remonftrated with by no lefs than four perfons, whofe teftimony. throughout is\ perfectly. confiftent, who fuggeft that it was too dangerous a. fervice for them ‘to engage in to go to Flufhing, much more. dangerous. for them to engage to go to Calais, to go to Havre, or to Dunkirk... They. were afraid of their perfons.as well as their property, and he holds that language, if I colle& the evidence right, at Whitftable, which he alfo holds at Deal, he takes upon himfelf to be anfwerable for the return of the veffel, as he expreffes it; he infures that the veffel fhall come back again: he ftates that he is not certain whether he him- felf fhould go or not: fometimes faying he fhould go: fome- times that he is uncertain whether he fhould. go or not: at other times ftating, that if he does go, he fhould return in three or four hours, But it is the effect of this evi- dence, that Mr. Binns undertakes that the detainer fhould not go beyond that, and that the veflel fhould return,:and that he fhould return with. her, and that fuch a price, as | mentioned, fhould be paidfor her, his bufinefs being that: which would. be over, as he faid, in three hours. Now, -has he ftated any other bufinefs, or given any evidence whatever how he came. to be engaged for any perfon, in any other bufinefs whatever ?. But (( 4998 )) But it °ddes not reft there,» becaufe you: will récollec-that aty the time that Binns holds thefe converfations, he.goes furthets: for he afks;? which proves:a perfe& knowledge of the intention} of all the parties before he left London, -whether; there, would; be any objection, when: the gentlemen fhould-come -down, ony Sunday, that three or four fhould:go in the veflel;. infitead.of, one (he having originally: held a language,» which: feemed, to import, that he was a perfon:who was/ engaging the.veflel for his own/ufe) that three or four fhould go: they-fay,: and.very accurately; we can have) no objection to: three of:four, goingy withour veffel: to make this trip: it»is no moré 6f,trouble-toy us° than cifvone: perfononly: goes. » “Then he diftin@ly - flates: this ‘reprefentation of the number of perfons he expects to.comes down, and:the place to which he expects them to: come downy and the occafion of their coming to that place, -he ftates to,bey their purport of going to France. Mr: Binns, after-having: been at Whitftable, goes back to Canterbury, and from Canter- bury to Deal; at Deal he has communication of the fame: kind; with three or four other perfons, perfons of the names of Hay-; man, -Barham,»Elliot, and a perfon of the name of Campbells: He treats with them alfo for the price of aveflel to goy as he, firft faid, to Flufhing : but they could not go'to Flufhing ‘for, the reafon the Whitftable people refufed to go there—Campbell) propofed that they fhould go to Hamburgh—Binns objected to, that, and this isnot an immaterial circumftance for-your con-) fideration when» you come to: attend to the letter of Mr. O’Connor* to: Lord: Edward» Fitzgerald-—He then, propofes: that they fhould:go to Calais, or to Havre; they feem-not to: have much of difinclination to that, if the veflel of the.brother: of one of the perfons. which-had ufually, failed under neutral, colours, could ‘be engaged for that purpofe;' and they holdout; to him that for the fum of fixty guineas they ~would venture to make that trip, about the’ Tuefday.or W ednefday in, the; fubfequent week—Then, Gentlemen, Mr. Binns comes-back, again to Canterbury. "You: will permit»me, here to mention; ) that I think: that the-‘evidence” has’ eftablifhed.that he at+ Canterbury received ..a> letter: directed» toy Wiliam Wil-y Kk 2 hams, (, 500) ) lianis, at- thé. Fountain Inn, Canterbury; of which letter f réfer to the evidence of Mr. Bell; fuch as it is,’ as proving that he had, at the inftance of Mr. O’Connor;. written'the addrefs, upon'the Saturday evening, in Charter-Houfe-Square, and ‘which* letter is a letter figned, not Arthur O*Connor, hot’ with the name of Colonel’ Morris, but figned James Wallis, addrefsing Mr. Binns in terms of the greateft friends fhip and intimacy, informing Mr. Binns that-he had received his letters; and that he would bring down with him all‘the parcels, which Binns had mentioned in thofe. letters. “Phis was Mr. O’Connor’s hand: writing, under: the name of Wallis, acknowledging his own receipt of Binns’s letters: in town. Gentlemen, how Mr. O’Connor came to’ affume the name of Wallis, if the letter was his, and I fubmit it as'matter of fair obfervation that that letter may be ftated to be his, when he procures the addrefs, under which Mr. Hugh Bell fends it from Charter-Houfe-Square; to the Fountain Inn, at Canter- bury, has not been at all explained to you. ‘Mr. Binns, however, fets out by the Canterbury coach on Saturday evening and comes up to town; he goes immediately, as Mr. Bell has proved, for his evidence is alfo fufficient for this purpofe, to Mt. Bell’s; in Charter-Houfe-Square, he enquires there what had become of the gentlemen, that is, Colonel Morris, and Captain Jones ; finding ‘they were gone, he immediately takes a Gravefend hoy ; he goes to Gravefend, he applies to Afsiter, nating to him a perfon, I think, of the name of Galloway, ah’ acquaintance of his, and as Afsiter faid, formerly a member of the London Correfponding Society; he procures, by meats of Afsiter, a horfe,“ttpo’ which he’ goes to Canterbury ; he oes’ to. Claris “and Mahoney, at Canterbury at firftohe propofed upon that evening to go on to Whitftable, hé does not however go that evening, but he ‘gdes from Canterbury in the morning. It feems: probable that he went towards Whititas ley becaufe he met’ Mr’ O’Connor, and Mr. O’Connor and he came back ‘again to’ the Sun, at Canterbury, from which they-fet out together to Deal, and‘ at Deal Mr. O’Connor and ‘Bits ares 1 joel communicating and negotiating for the hire of a vellel, 7 { ger 3) me a veflel, which is to take them from: Dealto: France. And here I ftate to youagain, what I took the liberty to open yefterday, that it appeared tome. extremely clear, from the circumftance which afterwards happened, © of .their meeting at Margate, that it had been determined by Mr. O’Coigly and Mr. O’Connor, before they left, Whitftable, that, they fhould meet again at Margate, and’ not meet again at Whit- ftable. Gentlemen, you have then proved. to you this fact, that, in the-abfence. of Mr, O’Connor‘and Mr. Binns, all the bag- gage is left behind at Whitftable ; all Mr. O’Connor’s bags gage, as well asthe baggage which belonged to the other perfons who formed this patty’; and you have the fact proved to you, that between the Monday morning and ‘Tuefday after- noon, after enquiry whether any fearches would be made inte this baggage, whether it was probable that, if it went by water; it would be over-hauled, and being informed it would, they. removed the whole in the manner in which Thomfett has informed you the baggage was carried from Whitftable to Margate. Before I ftate the tranfactions which happened at Margate, you. will permit me to mention that it is proved, by the evidence of Perkins, and alfo by the evidence of King the Land-waiter, that thefe circumftances happened at Whitftable—T hat, when the bageage was fearched by Mr. ‘King, the boxes, other than the mahogany boxes, were Jooked into, that is, other than thofe boxes which contained the money ; that O'Coigly repre- fented that Colonel Morris was gone, J think, to Dover, to meet.a friend; that the baggage was his, and that he was go- ing tothe Eaft Indies; on the other hand, Leary, when the baggage was examined, {tated that his mafter was gone to.meet atriend, and that he had taken the keys of thefe boxes with him, which keys, ‘to this hour, have not been produced, and he reprefented that his mafter was goingto the Weft Indies, , Such is the account given by O’Coigly and Leary of the ine tentions of Colonel Morris in “his abfence, Then they go te Margate ;, when they come to Margate, the baggage i is depg- fited by Thomfett ; the degree of care which ‘was.taken .of it, Kk 3 ] have ‘A 52 )) I have before mentioned; it. is put into a parlour, where: it is ‘watched by, Allen and Leary, as the two fervants, ¢xcept.that .the.more valuable part of it is taken up ftairs. “Within/a quar- ter.of an hour. after Mr, O’Coigly had arrived there, Mr. Binns, and Mr, O’Connor came there; and Mr. Binns, Mr. © Connor, and Mr. O’Coigly lived together as three gentle- -men of the fame, party, until the moment in which they were . apprehended in the morning. .; Now, Gentlemen, I am entitled here to ftate, I think, that »5 Binns had been thus actively employed, and that he does not saccount to you. either for the circumftances under which he un- -dertook the employment, the caufe of his being engaged in it, .oor the motives and inducements which led him’ into this fitu- gation; and you find him with two perfons, (the origin of his «connection with both remaining totally unexplained) the one ont, whom, hasin his cuftody that paper, upon which I have be- fore commented, I mean the Addrefs to the Direftory, which +} pa. aper unqueitionably was to be carried to that country, for-re- «pairing to which. Binns had. been making no lefs than half a dozen efforts to engage a veflel; had been infuring the return of that veflel; had been infuring the payment of.a large price for that-veflel ; had been bargaining that three or four other pex- dons fhould go if he did not himfelf go, fometimes propofing to go himfelf,fometimes propofing to ftay abroad if he went abroad, fometimes propofing to return in the veffel; and the -other of thofe two perions having in his razor-cafe that paper, -which: I call) Mr. O’Connor’s cypher, upon the contents of ewhich I fhall have to gbferve prefently. Having mentioned this -cypher, let me here, whilft it occurs to me, illuftrate what I ftated in the beginning of this reply, as law, where parties have one in- “tent, if Mr, O’Connor had the poffeffion of that cypher, and I prove that cypher to be of fucha nature, as Ithink I am entitled ito.reprefent to you it is, and O’Coigly did not know that Mr. ©?Connor had it; if, on the other hand, Mr. O’Coigly had that -Addref{s, the cuftody of which we have fixed upon him, without the knowledge of Mr. O’Connor, if they knew not what was -in.each other’s pofleffion, yet if it was the intent of the one, by one paper, to, convey intelligence to France; and~ thereby ! encourage € ooo) encourage France, and the intent of the other, by the other paper, to find means in France of making, for the encourage- ment of France, communications to and from France, how- ever ignorant each might be that the refpective papers were in the poffeffion of the other, they are both, in law, concerned in one common defign, of encouraging the enemies of the coun- try, in acts of hoftility to this country. I ftate befides, that when Binns was apprehended, there was the fame circumftance common to his conduét as to that of the others; I am fubmitting to you here the effe&t ‘of that fact in evidence, which is common to the conduét of all the reft of thefe perfons. Mr. Binns, who had been fo actively employed in the defign of getting Mr. O’Connor out of the country, ‘in- nocently, if you pleafe to take it fo, Mr. Binns, who had been engaged in getting Mr. O’Coigly out of the country, a diftrefled Roman Catholic Clergyman, travelling with Mr. O’Connor as a brother officer, attended by his fervant—Mr. Binns, who has given no explanation of thefe tranfactions, knows as little of his companions as they know of him, and has as little claim to the property of the baggage as the reft of the patty, who ‘were found together with that baggage by the officer, upon ‘the Wednefday morning: ‘Phen, Gentlemen, I muft fubmit to you, that this evidence, taken altogether, with refpect to Binns, connegted with the evidence refpecting the other pri- foners, does moft diftin@ly prove, that he was aiding and aftift- ing O’Coigly, and the other prifoners, in conveying intelligence to affift the enemy of the country. | Gentlemen, there is another circumftance, which I beg ‘leave to call your attention to, and that is, that Binns ‘alfo is proved to have a cypher in his pofleffion. What explanation ‘does he give you of the paper called the cypher, which was in ‘his poffeffion? which gives falfe names to places we all know, ‘and falfe names to Fae wedo not know. © That is an‘addi- tional circumftance of evidence againft Binns. I afk how Binns could infure the return of the veflel to this country, unlefs he ‘had reafon to believe that thofe who went in the veffel would be hofpitably received in the country to which fhe went ; and what reafon:could he have to believe that thofe who ‘repaired Kk 4 i tQ ( 504 ) to Dunkirk, Havre, or Calais, would be. hofpitably received there, unlefs he had fome reafon to conceive, ,.that,the'perfons were conveying . to,thofe places materials, which would make their arrival there acceptable, and infure an oppor tunity to any who accompanied them, to return, if they thought proper, from that country, without running the risk and danger.of imprifon= inent? 7 Under thefe circumftances, J fubmit alfo to you, .that this cafe is moft diftin@ly proved < againft Mr. Binns. Gentlemen, J now come to trouble you for a few moments upon the cafe of Mr. O’Connor. Moft undoubtedly I fhould be offering to you an obferyation, which I think would, render the moft eats thing i in the world of little..or no. value, I mean chara@ter, if T did not reprefent to. you thats, in all doubtful cafes, charaéter ought to havewvery confiderable weight indeed ; but when you have given to character all the.weight that is due to it, yet executing your duty as con{cientious. Jurymen, having t to declare and to decide now, for the firft time, upon the whole of the evidence, after you have heard the whole of the evidence, the true point of your enguiry is this--Was the per= fon, to whom fuch a character has been given, concerned: in the charge which i is imputed againft him, .aye or. no? Now let us binGder what the effect of the evidence is inthis cafe, .as far as the evidence relates to Mr. O? Connor. Gentlemen, in the firtt place I fubmit it to you,.as an.obfer- vation of very confiderable weight indeed, that. I,-think itis; moft indifputably proved, if Mr, O° Connor did, not. mean that intelligence fhould be conveyed to.the enemies of this;countty, with refpeat to the invafion of this country, that it never bape pened to an innocent man to ftand j in a fituation which expofes him to fo much fufpician of guilt. : That he was inthe coms pany of perfons, of whom, I am afraid, Iam bound to fay fome of them are indifputably cuilty—that he was. inthe \com- pany of perfons meaning to convey intelligence to; France--that he was in company with perfons with whom he has \no natural conneétion—that he was in company. 4 with perfons, the origin: : of his conneétion with whom, or any, of whom, he, shas,not ex- plained—that he was in the company of perfons, who.are no 4 part ( 505 5) | part-of thofe gentlemen acting in a body in this country for put pofes, highly honourable I do not prefume to queftion, a great variety of whom have given you.eyidence,this day as to Mr. O*Connor’s.character—that he was in the company. of perfons with whom it was not; neceflary,that he fhould be in company, for the purpofe of getting himfelf abroad. All thefe things are clear. If Binns had been his acquaintance, ,though that fact is not proved, how he happened to employ Binns in.particular, for the purpofe of getting himfelf out ofthe country, if he-had no.intention but to avoid the danger of being in it, how :he happened \to employ Binns is not accounted for. If his object had been to get out of this country, without \reference to France, as connected with any.idea.of ,hoftile attempts acainft this country, what occafion was there to take .with him, to France O?Coigly, a perfon who is ftated.to have juft.come from Ireland, and to have been lately in France? What.reafon had he,to take O’Coigly with him? Why.was.it neceflary to OrCoigly’s relief; on the other hand, as a dificefled Clergy- man, that Mr. ©’Connor fhould take him to France? How was it neceflary.to his relief, or.is it .confiftent with an inno- cent purpofe in Mr. O?%Connor, that he fhould fufer O?Coigly to reprefent himfelf under the name of Captain Jones?. How was it neceflary, from motives of charity on the,part of Mr, ©’Gonnor, or any other motive that.has been affigned, that O’Coigly fhonld be travelling .as a.military officer, with ja perfon as: fervant:to him, who was no fervant? Of.all thefe circumfances, none of which were either neceflary, or .pro- hably uch as fhould happen in confequence of any thing fug- gefted in defence, not one has been accounted for, or,has been attempted to be accounted for. Add to thefe circumftances, that:Mr, O*?Connor at the fame time had the misfortune, to fall into,the company of perfons, one of whom had in his cuftody and poffeffion the treafongble paper addrefled to the Diredory, : and that he had in his own cuftody the cypher; and I. think . then that all the circumflances juftify me in the. obfervation ’ that J have made, that if he is innocent of ‘this charge, he has, . fallen under more heavy fufpicion than general y belongs to the, | | cafe ( {820 3) ‘eafe of any perfony Swho ‘can maintain that he as really, inno- “cent. But; ‘Gentlemen, \it does not reft. there, for when Mr. -O’€onnor was apprehended at Margate, (you will! recollect ‘the nature’ of: the evidence that-has been’ given you as;to this) Mr. O’Connor,; “who “is: now reprefented in the de- -fénce! to have found: it neceflary to go out of this country der his own: fecurity, who: had employed Binns without “accounting why the: employed = him---who’ had. connected himfelf with. O’Coigly: without * accounting why he con- smected shimfelf' with: O?Coigly---who» was «travelling with ‘them and the other two perfons without accounting why he ‘was travelling ‘with ‘them, except asto his own ‘fervant, Leary. Mr.:O’Connor, who “is*faid to have been acting “with an innocent purpofe, when they “are apprehended at “Margate, becomes immediately ignorant of all the perfons with whom ‘he hasbeen travelling in Kent, and a ftranger “to all the» perfons with whom he not only was travelling there, but with whom he had been: going abroad, and whom he was’ occafionally' meeting whilft he was remaining in London: He becomes alfo afraid; for fome: reafon. or | ano- ‘ther, not’ wellexplained; for the reafon which they give ‘cannot be the’ true one, of owning any part’ whatever of ‘this»valuable property. “He»got up to London, and. the ‘fame mode of examination takes place at the Secretary ‘of State’s Office, which I have before mentioned; ‘that is, ‘the “perfon examined: is informed that: he is examined. for the “purpofe-of clearing himfelf from fufpicion, if he thinks pro- per foto do, or with a full-liberty to fay nothing upon the fabje&, if he. thinks: fit: fe to. a&t.. Gentlemen, F.call your attention to: what is the conduct:.of Mr. O’Connor. If the réal purpofe of Mr. Connor-had been. to leave! this coun- 4ty, under the circumftances! which ‘have been reprefented, ‘T afk. you, would: it’ not» maturally’ have occurred) to. any ‘man “who shad that°purpofe,.and- who found -himfelf in \ac- tual cuftody, when the hope therefore of avoiding the pof- fibility of ‘being in aQual- cuftody, , whichis fuppofed to have created..in him the. intent:to..go abroad, .-could,.no longey ( 507 ) Jonger be entertained, to shave faid++why——t have been very unfortunate, having left Ireland on account of circumftanees which I need not: repeat, becaufe: you »haye to, often heard them,”: having left Ireland and. come to this, country i meantto ‘live. happily here | with~-the--refpectable., perfons with whom J. have been conneéted; ;dchave »been. living happily. with them, but I received anwintimation from:a moft refpeftable gentleman: on the .21ft of January laft, that I muit>go out of the ‘country to avoid,the profecutions which might. reach me. from Jreland. o1 was going -out of the country: ito avoid them. . I had fo much» property, aad fo much baggage with me—what the intentions ef others were I do® not know. I had dined with .Mr.. Q’Coigly under the name of Captain Jones; at. Mr, Hugh Bell's. on Saturday. . I was going out of the country» with him,be- caufe he was. going out of the country with me. oo, had no ‘intent: but this which I. have flated to you-—-that-is the whole of the tranfaction. Ivhave been unfortunate in iall- ing into the-circumftances: in) which you have found, me: but a candid and an honeft and fair explanation will, I truft; extricate me from the embarrafiments: which, arife from’ ‘thefe circumftances ; and the worft fituation-in which I caty be placed is this, namely, that fituation in which, I Should have ftood prior to.my embarking on,,board» the Whittable Hoy.» Gentlemen,. I fay that the» conduct, jof Mr. O’Connor. ‘is the reverfe, of allthis ; and) I dozbeg your moft ferious attention to: this part of the cafe,...Mr. Q’Connor’is, as Mr. Ford has proved, examined-—examined under this: ‘caution: his declarations are taken dowm: he.jis again called »upon—that. examination put) into his hand: and, as Mr. Ford informs you, being put into -his hand, he himfelf -corrects it: after .it) is correéted,. it, becomes then that declaration by. which he means..to abide: and that. declaration by which -he means to abide, I,am, forry ito ufethe words, but I ambound to ufe them—falfifes,the whole of the cafe fet up to day. In the firft place, Mr. O’Connor ftates that he wasi tot going to France, vand he not only dtates. that: he» was mot going ( yoo.) going to Vrance, but “he. ftates that he will implicitly abide by the declaration that he was not-going to France+. he ftates ‘that he knows ‘no perfon. of the name of Fivey;:a name which O’Coigly ufed :—in fhort, without going through the whole of the paper, I take leave to reprefent it to-you, fubje€&t to the. .abfervations you will yourfelves make upon it, as perfect evidence that it-was not. Mr. O?Connor’s. jn~ tention, at that time, to acknowledge, as he has:done now, that ‘he was going to France, Why does he declare that he was not going to the place to.which it -isproved that he was going? Why-was Mr. ©’Connor afraidiof ‘the con- tents. of his own baggage, and the other things which ‘are now here? I will tell vouewhy he was fo, and. firft with ref pect to the money—you have heard.a fort. of reprefenta- tion made-to you to day and_yefterday, that Mr. O’Coigly was to -be taken as a-perfon to be relieved, and in ‘exs treme diftrefs—Now it happens that in that ‘box, of Mr. O’Connor’s, which contains the quantity of money which you have frequently heard mentioned, there is one bundle of the money amounting to the fum of ninety-feven guineas, and accompanied with a paper which. ftates diftinctly that that money is the money of Captain Jones, whom Mr. O’Con- nor, the owner of that box, had ftated he did not know. Gentlemen, that is not all, but you will recollect, how- ever ludicroufly that has -been treated by. my: friend. who {poke laft, that a witnefs gave confiderable evidence with refpect to that money, Not only has Mr, O’Connor,been, ‘without telling you why, connected-with Mr. O’Coigly, to the extent in which I have before fated, but they are in fuch a degree -of- intimacy, thefe ftrangers, to. each. other; that they flept in. the fame room at. the inn. upon. the Sunday night. There was -a perfon flept in: the. next, room tothem, and as I underftand-his evidence, over the ‘door be= tween the two rooms, there. was a lattice: which therefore opened to a more eafy communication of what was pafling out of one room into the other, than if. the, awhole ‘had been a brick, or lath and plaifter-wall; that fact has: been {worn to by two witneffes. Now, in “the ‘courfe of the night, ( 509 ) night, or early in the morning, thefe gentlemen, each of whom’ denies ‘his’ knowledge of the other, are concerned in’ counting the money, and ‘one: of* the’ witneffes, T° un- derftand, fpeaks* to the fcratching with“ a* pen ‘upon a papery im! which ‘circumftance’ the production of the paper confirms ‘'thatiwitnefs. This “proves théréfore, that in the éourfe of that night, Mr. O’Coigly, and Mr? O’Connor, who afterwards denied each’ of them, the owneffhip of this bag gage, andthe contents of it, diftin@ly ‘knew, after the ac- count’ ‘had’ been cérrected; as upon’ this flatement it was in the courfe’ of ‘the night, that ‘one’ of ‘thefe boxes contained a latee fam ‘of*’money belonging to one of them; and a con- fidérable fum®*of money belonging to the other of them: Then: what:is the~ reafonable: conclufion- upon this. conduct of Mr: ©’Connor—why thé reafonable coriclufion upon alf this conduct’ of ’ Mr. O’Connor—taken together—I fubmit to: you—is this, that Mr. O’Connor-either knew that O’Coigly had fueh°‘a paper as: was’ found in~ his pocket-book, or what is ‘precifely the fame thing to the purpofe’ of this” ine dictment, he knew either that he himfelf was engaged in the project of carrying information to France with ‘refpect to’an invafion of this country, orhé knew that Mr. O’Coigly, if not “going with that paper, was going with fome other means, or with a general. purport of conveying ‘intelligence and “information to invite-an ‘invafion of this country. But, Gentlemen, I donot reft* it here, becaufe I with’ to know, if Mr. O’Connor has not explained any part of his conduédt in this country, with reference ‘to his conneétion, or the originvof his conne@ion with thefe other prifoners, has he better accounted for other parts of ‘his. condu@t? Mr, ©’Connor,; upon the 14th of February, 1798, for I think that isthe date/oft his letter, and a moft material date it is; becaufe you fee it is -juft the midway between the 21{t of January, when‘he received “Mr, Erfkine’s advice; and the 25th ~ of February, when he left Mr. ‘Bell’s houfe;in Charter Houle Square) having had intermediatély between that 21f of Jani ary; andthe: 25th ‘of February, an opportunity, if he® had thought proper to get himfelf ready, to go in a velfel to Emb-' LO GC, * é { $10 ) denjrupon the : 24th ‘Mr. : O?Connor =writes. that: letter. to Lord» Edward -Fitzgerald,; which has-been produced, and he- writes alfo the letter; to. Mr. RogervO’Connor: of: thefame! date, In the laft of thefe letters he» has «ftated: diftinGly his notions of the fituation of this country—he ‘has : ftated the fact of his having fold all. his «own property to» Sir Francis Burdett, a. gentleman living in this:country,’ who:might-have been called to give an account-of the tranfation.— With: ref pect to the letter which he writes to Lord Edward: Fitz- gerald ; -Gentlemen, » I. beg: leave ):to afk» if it is ~poffible;» (I:beg: you will read this letter when you come-to: put this: queftion: to) yourfelves, in. order to deliver your confciences); if it) is pofible to induce any gentleman to fuppofe; that fome rational) account could not have:been: given) of sthe‘meaning:’ ofthe contents of that letter, if it was confiftent with ) the defence which: has) been made: this day, that. the true account: fhould be given, of the meaning of the contents ofothat:let« ter?» What do the dark, myfterious, and unintelligible terms of thatyletter mean? My learned. friends fay, and: truly,:that when you prove ‘a. cafe of myftery, you do:not prove:a cafe of Lreafon, inetruth you prove no cafe, when you prove.a cafe of: myftery—but I fay this letter, though .occafionally »myfteriousy has'a direc and obvious reference to tranfactions, in which thefe'gentlemen haye been:found a@tually engaged. «1 calli your attention again: toto-be, the, true. inference infact, that,thefe letters, are of, the. fame date.of the 14th.of February,:1798,,and I ftate..that,.as the, refult of, my, judge ment, upou.the beft»confideration.. which I scan give the, two letters,, and, in,truth L have. no, doubt. about.it. = Mr, ,Erfkine .gave, the, advice. upon) the arf, that very earneft and, anxious /advice,—-It does not feem, to-have)beem acted upon,,with, as; much anxietyas .it feems.to-haye: beem given-—I beg here your.attention to.a\paflage.which you:findin: the fame letter,to Lord Edward Fitzgerald,. written after. this adyice.was given, Lmean.the paflage with refpect to fending) off Maxwell, .and.the fending off the two young men.Firtt. with refpect.to.the fending of . Maxwell. ..When you -come to-read the examination of .Mr..-O’Connor,) before his. Majefty’s | Ses cretary, of State, I beg, you will: attend.to \whatshe faysy about his knowledge of {uch a.perfon as Maxwell.: ,for-he-pofitively declines :to give any information whether .he knows) fuch:ia perfon or,-not.,, dn.the.next.,place,,.as_.to, the.young) men, in, what. project.does this. letter.of fuch a date.(Mr. Q’Gonner, at.this.very moment being fuppofed tobe in ,poflefion.of Mey Erfkine’s adyice,,then three weeks old, ,;that he-fhould, get himfelf out,of the country’ as foon as -he,could), what.project does it, prove that-he is engaged.in?| Not inthe project of getting) himfelf, out, of ,the,,country, with..as much, expedition) as),he could, but he is informing Lord Edward Fitzgerald-thatshe would get thefe two young men away.as.jfoom ashe could: that he hopes) to, get,them away in the .courfe of three days; and. if, he, fails jof.getting them away..in. the courfe.of three days, he;will take.care that Maxwell,: of.whom he.declines,-te. give any,information, fhall go by Hamburgh : (t is,clear,thathe could have got himfelf away, if there. was.this.cecafion for-his going fo.expeditioufly, as foon as he.could:have got thefe young men. away ;,\Why..did he, not,do.fo?, Then what,.explanation is.to be. given..of; his.engagement, ‘in cafe, he, didnot, (get: the young jmen away, that he will make it a point, with Maxwell,: L ka that ( 516 ) thatche goes by Hamburgh, Mr. ,.Q’Connor, declining, -upor his examination, | to, explain, who; that Maxwell was? Then does Maxwell. mean shimfelf?—It, is. for syour,,.confideration whether theaname Maxwell does. mean himfelf ?. becaufe,. when aiperfon is afked,) by a) magifivate examining. him, .whom this word Maxwell means, and, he will not anfwer, ‘and when we findsa Jéetter; in his hand. writing, ftating:that Maxwell frould:: goby -Hamburgh, and when we find a.perfon,,in whofe: hand) writing that letter is,.employing Binns) ten, days afterwards, who. appears before to be a ftranger .to him, to engage him veflels at Whitftable and Deal, for France, “it-is-a matter for your confideration, whether. Maxwell.is, not. himfelfs if,ié;was not, ftill one fhould have, thought it natural that: Mx, ©’Conner fhould. have: given fome explanation who Max- well is. . Asn obfervation has been. made, that this. letter. is. matter of furprize upon Mr, O’Connor, and that therefore-he cannot give an explanation of it... It,appears to me that that obfervation cannot apply.to»it, becaufe in the nature of the.thing, it isnot wery dificult to give fome fort of explanation’of a letter writs ter by-one’s felf, fo lately.as the 14th of February. +-But Mr. @’G@onnor could not be unapprifed that he might be called liponto give fome explanation.of the name of Maxwell, becaufe hehadbeen five weeks ago called upon.to give fome explanation of the name of Maxwell before the Secretary of State. Mr. O?€onnor, it’ is alfo. to. be. obferved; -had-an. opportunity tol go-out-of the country, and not in the company. of thofe with whom -he has: Connected himfelf ; for Mr. Bell :ftates that-there was'aveflel which was.going toEmbden, and that he might have gone in that veflel fome few: days before-the 24th, and although the advice had been given him by. Mr. -Erfkine.as early as upon the 21ftiof January, he continued living-in.London under. the appearance; namey and character, of Mr, O*Connor, living in high refpest, with the perfons who have.appeared-here todayy, and-without:making the Jeaft attempt: to-refene: himfelf from thatedanger, which is-reprefented:as:being the) only. caufe-of his:leaving the country. : oP muft then-fubmit to. you this queftion, .whether it, is-or is not» fatisfaQtonily.. made. out. to. youn ‘confciences;, upon.ithe . whole ( 517 ) whole of this evidence, that: Mr..-Q’Connor, meaning=to' go out of this country, for whatever reafon’ he did originally meéatr to go out of this country; when he was. going/outad it; engaged himfelf in a projet to go to! France for the: pury pofes mesitioned in this indi€tment,: with ‘the perfons »who-are tnéntioned in the indi&tment, or fome of them: Lh Now, Gentlemen’ of the Jury, having fated’ thus much to: youy it ‘does appéar to me, I confefs, thatthe circumftances of ‘the cafe} ‘when I- opened the cafe to you ‘yefterdayjiodid warrant me in’ faying that I had not been able: to coneéive what fatisfa&tory anfwer could-pofibly be given to thefe faas? The opportunity has now been afforded of giving that anfwerj and I mut fubmit it acain-to your confideration, as my: judges mient; that, in’ ‘point of faéty the cafe againft Mr. O’ Connor has received no fatisfactory anfwer, that in point of fact ‘the eafe'is of fu¢h'a natitre, that it could receive’ no fuch: anfwer, atidethat the fa@; that it could receive no anfwery isithe: only fatisfaCtory reafonwhy it has received: none. fig ‘The’ next perfon, whofe: cafe: falls’ under confidetations Is Mr Allen. With refpe& to Mr. Allen, certainly his) cone cern in this’ bufinefs lies\in’ a narrower conipafs, than: that of the ‘three perfons; whofe cafes I have before examined: But you will allow me'to put you in’ mind, that> in: the-firkt place Allén cénné&ts himfelf with Mr. O’Coigly ‘as chisfers vant, Allen not being a fetvant, and-Mr..O’Coigly,:accord- ing’ tothe’ accounts given of him, ‘not being: a perfoni Very likely’ to ‘ftand'in‘the relation of a: mafterto him—-that, he goes with him from Evans’s houfe in Plough Court--ateends him as his ‘fervant—that he takes the caré of the baggage that he goesthroughout with Mr. O’Coigly, from: W hitftable to ‘Margates+that then he again takes: the: care-of: the baggage +in:fo doing; and think they acted highly honourable toxthemfelves; and-judicioufly for their clients. I will read this Letter,:;which was; to go from;the Secret Committee of England,: tothe Executive Dire@tory of France. His Lord/bip read the paper. “Undoubtedly ‘it is impoflible for the wit of man to put moré- than'orie con{tru€tion upon this paper, or to read it in different: lights--What it imports is, that the great’ mafs of the people dre already prepared to join in any invafion which’ the French. fould attempt; it infinuates to them, that the country itfelf. 18 'divided ; that it is a bankrupt in its finances, and’ that there iS'n6 hopé entertained in this country, but by the preferice, as it. is’ called,-of the hero of Italy, with the affiftance of an army of France.” Who’ the hero of Ttaly is; no mati cah doubt. ‘How it could éntéy into the mind of any man, that. if a French army ever came ‘into this country, and got the better, théy ‘fliould be induced to return quietly home, ard leave 7 their’ advifers here in the poflefion of this country, is a matter Which raifes” great aftonifhment indeed in ie tind ; no’ con~ ‘s dude ( Sar ) dud ofthe: French towards:any’ other country-hasceversjuftifiedk that: expectation-+Therefult of that» paper:is::to induce: the! French oDireGory; under» an ideas that they peopleoefs this country would rife in'a mafs to their afliftance,, toamvades this Kangdom; holding out everyinducement to them,to come; and: afitiring them«that:if they: didi come} they-muftducceeds ion mom -sGentlemens upon: this paper Lido net know:how: to -exprefs a better opinion to: you, than\in.thevery language ofthat great: Judge whorhas ‘moft:defervedly:had the higheft encomiums bes ftewed cupom hisememory,'im the courfe:of this day, from every panty of the, Court +1: meam Lord: Chief Juftice: Holt :' In: the: trial!of Lord Rrefton, which: you have’ heardivery much: relied: upon by: fome of theé:Counfel: for the prifoners; a) paper ‘was producedé pretty much: to the effect of this; but not,-1 think) quite invduch-defperate terms as are to be’ found here---buty, fpeaking cof that paper, Lord Chief: Juftice Holt fays, There is no manner:of-doubt but this:is a treafonable declaration: and if atiy perfon:had ‘this in his pofleflion, and was going into Francey to-cartyoit withoan: imtention to make ufe of it there, that‘is "Freafon, though rit be couched under the fpecious pretence of reftoring the people to their liberty. In fhort, fays he, it was’ plainly a defign to invade England bya French army-—So I fay” here ; and upon this. cafe. 1 fhall not hefitate 2 moment in {tating to you, that thefe expreflions of Lord. Chief Juftice Holt are applicable, in the utmoft extent, to the prelent. cafe 5, and that, whoever had the pofleflion of this paper, meaning to, carry it into France to make ule of it there, was guilty of High. Treafon within eyery part of this Indiétment—It was High, Treafon within the firft branch of the Indittment,. which, charges the prifoners with compafling the King’s death ;, it was; High ‘Treafon within the fecond branch, which charges.them; with adhering to the King’s. enemies; it :was-alfo High; Treafon wu inder the third charge in the Indictment, which ap- plies in words to this very cafe : for the words in the AC), andy in the third charge in the Indiétment, are, that the) prifoners, Cann and imagined to move and ftir the perfons exercifingy, 1€ powers of government in France, with force to, invade) this, eee ing got thus far, I think I. have not, in any part of ( $22 ) of: thescafe} a fingle queftion of Jaw more-to ftate to you ;.the whole then becomés, a matter of fact, and the queftion1s, Did anys arid which of. the, prifoners, engage in a defign. of carrying this} paper to: Fzance, forthe purpofe/of inducing the French #@ vhake-an invafion.upon-this country. syéNiowy, Gentlemen, I will ftate:.to..you the evidence. which lids théen.civeny and, I will then -ftate to you-fomesoblervations which ecearctocme- upon the- cafes: of the. different prifoners, which: E.fhail \do>prineipally fortthe purpofe of drawing your sittention to:thcir scales diftinGly 5 becaufe it.certainly has-hap- pened in this cafe;andifo-it }does in .a-variety of,-others, that there may sbe fome: evidence’ extremely ftrong. againit :one prifoner; which does not affect another prifoner in any material degree 5;and therefore, after ‘I -have ‘ftated the, wholesof. the evidence, !I-propofe to make fuch obfervations.as appear. tarme applicable to the prifoners diftinctly. Mi? Fuftice Buller fummed up the evidence atdarge, and then proceeded thus : *Géntlemen, this is the whole of the evidence---As to the law} t have already told you that, It is perfeQly clear, that who- ever had this paper in their poffeflion, meaning’to carry it to the French and deliver it to them, for the purpofe of affording them “any affiftance or information ‘again{t this country, was undoubtedly guilty of High Treafon---The queftion is, whether any of thefe prifoners have been proved to have been fo con- cérned.” The evidence unqueftionably affects the prifoners ina very different degree: and therefore, in order to lay before you, for ‘your confiderstion, the principal parts of the evidence; ‘as they affect the prifoners refpectively § I will ftate how it’ ap- pears to and ‘as again{t each. Firft, with refpect to O’Coigly, it has been admitted, I believe, by every Counfel who fpoke in the caufe, that if the facts {tated here; are proved to your fatisfaCtion, there can be no doubt of the refult; becaule; if they are proved to: your fatisfaCtion, it is im-= poflible to fay he was not fully apprized of the whole defign. He denies pofitively that the great coat in which the pocket-book ‘was found was his. “Now it has been proved by one witnefs, very pofitively; arid“has “net been’denied by “any body,;’that this great coat ( 523 ) oat was his—“What°is the’ senéral character that hesappeared THe RAs teat’ filling the ‘charaters’ of “prieft, ‘of ‘captain, and Of merchant; and He “Has paffed “by the names’ of forés, of ‘Parkinfon, and’ of Wallace. The only witnefs ‘called? for him, as to character, fpoke of that very flenderly." He faidj he confidered” him a8 a ‘inanof moral ‘character.’ But wasethére arly teafon for his quitting Ireland as he did; or’any réafon for his Soing to ‘France as he was going. Sonie ‘account ought te be given of ‘this “by him.” Here is a long detail ofthe various places*that ‘he was going to, atid had ‘been ‘at :' and no account or explanation of his condu€t offered by him. re He fays, he ame to London in May, 17975 the next place’ weé hear’ of him in, is Holland; then he went to France's we hear of him’at Paris; thenat Havre; he came back to Hayre im Décembér, 17973 in January, 1798, he is "proved to-be‘i Treland ; on the 14th of February he was at Manchefter'57on the 22d and 239d of February he was in London ;\ and after that, we find him in the fituation in which the:prifoners are: deferibed, with this paper in the pocket of a great coat, which is proved to, be his... Whether he was going to France, of not, will bea, queftion for your confideration, by and by-—but. all thefe things require fome anfwer---What, anfwer is given 2 None... His witnefs fays, about ten years ago, there were fome people in, Ireland, under the character of Orange Boys and Peep-of-Day Men, that did mifchief to the prifoner’s father’s houfe.--- What then ?---Did that call upon O’Coigly to guit Tre- land fo: Jately as.a few months ago?---If there was any ferious danger to his perfon, from the attack that had been made upon his father’s houfe ten years ago, how came he not to leave Ireland then? and if he did, how came he ever to go back again.?---The next thing is, that the journey aud the dates are proved. by.a_paffport, found in a way which admits of,no doubt as to him, becaufe it not only defcribes him by name, and where going, from place to place, but there is his hand-writing uponit. , Then, fay the Counfel, as to the great coat, there is only-one¢ witnefs that proves it. but, he ftands uncontradifted 5. and therefore. why.are you not, to believe him ?---In the next places it. is not abfolutely meceffary that this great coat fhould, be proved ( 524 ) provedito be his's fori isfworn, not)by one witnels-only, but by:foury thatvthe addrefs which’ he'was to carry to! Fratice, as they: fayvon the partof the profecution, was taken out'of his pocket-booki+—Thee queftion will be afkediagain, how does it appearitoibe his :pocket-book?-.-It appears in this way, that the: papers found an that pocket-book. were ‘letters addreffed’ to ©'Coiglys written by a-great: many diferent perfons,buteall to. hisnes How: cameoalb:thefe: papers, written to himy incthat pocket-bookj if at was not: his’?-And’ four witneffes’ have fwormpofitively,. that: this: addrefs from the Secret'Committee of: England to the Executive Directory of France, was found iu that: pocket-book.-You fee this is extremely “ftrong: evi- dence sandy as }faid before, what have-you to contradi& it?+. Nothing. oOn' looking into the examinations which the ‘pri- foner wnderwent, it feems to me, that almoft every fa& there ftateds by chimy, 'is.proved to be falfe, “And if' you find him telling different ftories that are contradiGtory in thenifelves, it goesia great way alfo againft him. boWhen examined in Bow-ftreet, he faid, there was'a gentle. man and his fervant went’ on board with him, who were ftrangers to him.---T here was-tio gentleman and-no fervant who wentoon board with him, bat Mr, O’Connor and his fervant—— Was; he ‘a ‘ftranger to Mr, O’Connor?—The dire& contrary appears’in‘all the evidence ; and he ‘admits, in that “exatnitia¥ tion, that he faw the baggage come-on board, which confifted! ofsthree mahogany: boxes,. and other things; and‘he rather thinks ‘they belonged -to the.gentleman he faw°on' board thé hoy-+-How happens it; that he there reprefents Mr’ O’Conhnor. and his fervant:tovbe total ftrangers ? for that clearly was not fo: Hevis:examined; the next day, before the Secretary ‘of State+-And ‘what does he fay there ?--He afferts. that: there Was no great coat belonging to him, and that there was ‘none’ im the‘room:and the Counfel have relied ‘very’ mucl upon the: circumftances: under which the coat: was found))’They’ feem-to. have underftood the evidence as'if the coat had‘been’ leforall night, in. the room'in which*they fat‘in the courfe of the day; and thatiit remained there all night; whilt OrCaiely' andthe vother : prifoners: went to! bed--- There ‘is? no fuck’ vi 2 dence, és OPT ST ee eae ST ee » ( 525 ) ence, morany thing like it. It isprovedithat the code was firft-found in:the fitting-room in whith O’Coigly was; withthe tea things before him, then going to’ breakfaft; andowhem he was.in the toom himfelf. . Does that prove-that the gréat»toat was there all’ the preceding night? Is.it-an uncommomerah extraordinary thing, that.a man who goes to handinn,; ewitheut any particular extraordinary errand, puts ,His:-great coat mith parlour when he is. there, and when ‘he goes-to bed: takesrhis great coatup with him, and-when he gets up ¢arriés cit idewh again? Whats. there improbable in this)? ‘There: i8onov-evis ence that the. gréat-coat was left inthe ‘room allinighe and sii you will-think the fact.muft-be taken otherwifeis/ Bes fore the Secretary -of State he denies that he had any'great-coath The faét that. he -had one, .is proved beyond all poffibilityo of contradiGion. Can you fuggeft to yourfelves any reafon why he fhould deny that ‘he had.any great coat, if there »was-not fomething -in that great. coat which he didnot choofe ‘to. Have fixed upon him? I cannot fuggeft any. ether reafons andaf there-is no other reafon for it, that becomes moft importantand material evidence. . He is afked more about-the bagoage, and hefaysin that examination, the gentleman ‘took care ofthe bags gage... ‘[hatiis directly contraty to the fact ;,Mr.-O’Connor nevertook care of the baggage, it was/all:in olay hands ;- atid it.is proved by one witnefs, that, O’Coigly himfelf marched a therfide‘of the cart which carried it to- Margate, | Still you ‘are told-by the Counfel it:-muft appear that he knew what.this letter was. Now let us fee how that is: firft of all; you willvpleafe to'recolle@a little how it was-diredted; | for the dizection was, The’ Secret Committee of England tothe’ Ex. ecutive DireCtory of Fraee. Had he got: the letter-ta his cuftody: without knowing whete he was to‘catry it }-Ts-it poe fible-a mian.could havetfuch a‘letter, dnd riot know theaddiefs; . or to whom he was to’ convey if? Phe next thing is; what are the:contetits-of the letter? “ The ettizen whe now vie ats thi “&:.te you, and who wes the bearer of our fentiments before? Sending it by the prifoner, if he were the perfom who'had ‘been imithe courfe of- carrying communications: from) England to’ Prance; makes-it {till Rronger againft him. i Is that! truey! does he ( ‘s@ ) he appeat to have; been inthe courfe ofcarrying correfpondence before? “Lhe factas alowed that he had :been.a great:traveller intoufercign parts ;)\the,,pafiport: proves thatyo and» thisialfo fiands awithcutoany,.contradiCtion» whatevers. and) he:vhas tra- velled, .they-tell.you,) from place.te place,, within .a very dmall diftance of time, and .none.of thofe,journies are accounted for: Itvis forsyou to. put all this evidence, together,and-if the letter wasifound:in: his cuftody in the manner,that' has been: proved, wrapped up, in his pocket-book, (and»which:pocket-booki is proved:tojbe his; :in:the manner] have {tated) ,direCted-as this was,.and accompanied: with all.the contradictions and -falfe+ hoods which he has been guilty of, and he was| going to: France for the purpofe,of delivering, that. letter,:L.can fate) toxyounna’ ground:en which it: may be fuppofed. that, he waseignorant.of the effect of thatdetter,; and if he knew, its the cafe issdecided- astohim, and undoubtedly, you ought to find:himiguiltys: olf you-can doubt. of thofe facts, upon this evidence, |,or-any-thing elfe_occurs.to your minds, which, affords a fair,prefumptionyof innocence, by all means allow for every.thing,iconfiftentawith the, truth,of the .cafe,| which)may make in favour .of ‘the)pti- foner}): i W ith regard: to, the other prifoners, undoubtedly sthe q¢vis dj ce. fands, on different: grounds, .and,. as»it feems)toumes!ire= quires mereattention at yourshands. 2¢Dhe firft in order :isyBinns.\>, Now, certainly, this. maniivas alfoufing -great expeditionyand taking journies with great hatte; he: canyin to have gone from.one, place. to another jwithras: much expedition as a man could well travel, and he alfo goes by: another name, for -he;went by the name, of Williams. {)!In ‘the enquiry rich he made, for, the purpofe-of getting a:boat}):che alto ufed the names.of perfons whofe names he had:no authority to bs she tells them:he. wants, to.get to the! other fide :of ithe: fometimes he ftated) he: was. to+go; himfelfy).at; others friends were.to,.go, butvalways: afked whether itimade d he,agreed for ‘hg veflel upon: the, terms that: ,three:or pit meni Were torgo e it... Afterche had made,this. agreement; he went: to Juondon with all poffible difpatch:;, he returned.to Gravefendy. then (527 )) ther to‘Canterburyy thenito Whitftable, ‘thensto:\Margatens ds appears the folicitedsfeveral perfons forboatsyand agreed togivel one: hundred::pounds for the; hire‘of the veflel, 1fthey brought back avcargooof f{muggled goods. The-witnefles:fayiihe made the application to: »go to: Francey and: particularly afked which port was neareft)® In making the bargain, ‘he takes uponshime- felf to -infurethe-fafe returm ‘of ‘the boat » the luggage he put. under the:care of Hayman, \andshe fometimes reprefented hane felfasintending to go, fometimes not3 but. he is»provedito have cheen’>with | Mr.' O’Connor upon the 26th and v27thcat Deal’; ‘he certainly. is'alfo -proved to ‘have.a cypher’ character with himj and thatis’a circumftance that raifes:fulpicion 5 but he denies that he knew. the object of the journey. «Howior by whom he wasemployed to hire’ the veflel, has:not appeared: by exprefs evidence,’ but I will ftate prefently a way. im which he might/be:employed. When he agreed for they boat, . chey:tell you ‘heyoffered.to infure ‘the return. of the boat,’ and:he offered to depofit'money for the purpofe of indemnifying them, in-cafe the boat fhould be feized there. Now it is rightly ftated by the Counfel, that if all were a&- ing on the fame defign, they are all equally guilty, and. you wilbpleafe to récolle&t in this cafe, that if they were all going for the purpofe of communicating this paper to the French Di- rectory, yet the paper could only be in the hands of one.\ The queftion is, whether you are fatishied, upon the evidence, that they all): knew of this paper; for I think, upon the evidence, notwithftanding the obfervations which have been made in re- ply,:the cafe ftands upon that, It is true, as the Attorney Ge- neral told you, that the’aflignments in) the indictment are ‘fo broad, sthat the prifoners. might be. convicted, \of: intending: to carrycintelligence of the ftate of ythis country,’ and inviting an invafion, though this letter was.not-knewn'to them; but 1 do notifee,)upon any part of the .evidence, that there is any fort ofcommunitation which ever.was intended to. be carried from’. Englandito France; excepting whatiis contained in this letter, ‘Therefore, though it be/truethat if other overt acts of treafon wereyproved; »the prifoner,:orany of them, might be convicted onthisindi¢tments; yet as.no.other fort of communication-has been ( 528 >) been either proved, ‘fated, -oralluded «to; it-will be neceflary for you to be’ fatisired*that they were:all acquainted with the contelits of this Jetter ; fo itoftands againft shim. Was‘he ornot ithe agent ofall, ‘or of one only? for a great deal depends upon that’; and this is a cafe accompanied with:fo many cireuniftances, ‘that it is material:to.weigh: them. on both fides: Theres this reafon for fuppofing that he might be em- ployed’ principally, ‘if not ‘altogether, by Mr. O’Connor; the undoubtedly is proved to have ‘oflered.to depofit money'to pay for‘this veflel; if any acciderit happened. ‘Whovwvaslikelysto’ find that money? ‘It feens, by' was/one-of the perfons-intended to-go abroadi’ There appears” to be:no‘doubt upon'this part’ of the cafe, from the number that Binns ‘agreed:for ;Binns agreed for himfelf, and four more be- fides: himfelf.\ What other perfons were there in exiftence; who were'likely to go; \befides thofe four? - Thedirection to Hay- manfeems ‘to be'a very fmall cireumftance in‘the’cafe; ‘he had the) fame direction that Binns had in-his ‘cuftody, and it-was'in the purfey thatdirection feems to me’to carry it no farther than this; iit is anomtimation to hiny where to get the bageage, “and heiwas to:get it according to: this direction. Itis' proved that O’Coigly was frequently at-Bell’s, and how that agrees'in arly degree with the converfation he held at Bell’s, or how that let- teris reconciled:with the information which Bell fays O’Connor gave :tovhimyoviz.: that he had never known \O’Coigly till within.a day -or'two, is not eafily reconciled.‘ He added? that he reluctantly: made acquaintance’ with’ him ‘but ‘he certainly - had» made acquaintance with him, as appears by the letter, and his afking shim’ to dinner; and he alfo knew his’ real ‘name, though heintroduced him by a falfe one. Bell fays, he at times appeared ‘very uneafy at having agreed to go with him; what that! arofe from wethave not-learned in the caufe, that micht havelarifen.from different circumftances.’ But how happened it that Mr.O’Connor did not go to Hamburgh?: It feems to'‘me there‘is a’ fufpicion from that, and:yet Ido not ftate it’as more than fufpicion) Hehad received advice from avery ‘refpectable gentleman«motft pofitively to go to Hamburgh. Now if this veffeli:was? hired by Mr. O’Connor; as the great’ probability feems ‘to be, from the circumftances I mentioned, that he was torfind the money : why might not he jut aswell have ‘hired the vefie] for. Hamburgh; as fora French port’? “Thefe‘are circumftances of fufpicion, but Ido’ not ‘ftate them as*more: - AiFrench' port-was made the fine gva non, and the fhip was to ' goi there!» Mr,:Sheridan:alfo advifed him at all events to p6 to * Hamburgh, : , The Py a F : =o aaa = os 7 Sa es 2 aa RS RO RT TEE OIE HL Ss a (¢ 53%. ) Thesnext;thing.is -what-ds) proved to -have;:pafled bet weens Mr. O’Connor-and,O’Coigly -refpecting thesmonéy.o» Park.cf} this: money .i8/ tied up:iwith.a, ticket denoting-thatit belonged, to, O’Coigly..,| The money,is found altogether,.andifomephow? or, other, «they did..not. make’, -their, accounts «right. ,d/Mrw OQ’Connor, .direGs; perfons: to| write to. him; frome Londemby; Williams, at; Canterbury; where, he: fays ~he -fhall-neceiveuiti on) the, morrow different. accounts, are; given//of \then places} where he. was. gone,: but thatis all by other\people; and there« fore makes,nothing againft-him,— Then, theresis therletten ta: Lord..Edward Fitzgerald,..: which, certainly .ds;,an\ improper) letters -but.1,,do;not. think. that goes )tofhew, whether! he did. know the. contents. of this:paper,or nots. (he key:is; alfoam aukward,circumitance againft him... What purpofe could: that ferve, butifome fecret.correfpondences . By. that) key, it appears) that .the «name, Williams «was to be ufed,.infead of France) He, knew )alfo that the perfons. with, whom) he}was: travelling: were going \by ,feigned..names,.; “Ehis.is; a cixcumftance. that would have .alarmed, any.reafonable man’s minds—~W hat does he fay.,.1n his examination ?,.W hen examined, before the Privy Council,,-he fays, ‘He had. had an dntention: te have, gonéto ‘ Hamburgh 2’: ‘Lhe terms he had had,.imply, that though: hel, once. entertained that idea he had.laid.it afide; why had he done, fo,,.or ;why..not. go.to. Hamburgh ?-—What \made:sthe change.is,not,mentioned in this examination... He, theres fays; ‘. That.he was,expecting, letters conveying intelligence .of shis,, ‘ bail, .which; were to),determine the times,of~his )going::toy ‘ Ireland’,—One fais, that -he had fold-his property inalvex, land, and .he..was going abroad, going to France... But) they, fay he had, other bufinefs, and that-he was. going upom another, concern.-It, feems,;to.me,.,as.if) he was going; notewith jan intention to return again; but, whether she :was) going asothe. carrier, of | this..letter, .or! merely ,foy, the. purpofe » of itrangs aching other bufinefs, is, to be ,confidered -bynyous.i Thefe are: the. leading faéts..that makejagainft him. . Now, let us. fee. how. the. cafe, ftands:for him—It.is fuid fick by his counfel.that two,men might gon the) fame’ veffel with different Views 5 iad Pig an mig] t~rit is moreorelels . M m probable, (5588 “) ‘probable, “according tothe circumftance, what that-veflel is— ja ‘general ‘veffel that takes up all paffengers that»itsean get, net coming from! different * quarters” of the worlds=from: dif- ferent parts OF the’ Kinedom; and a€ting> upon’ very different “AeAigrsS nay set together"in’ the! fame 'veffel, juft»as they do. Vira Tagé coach ;°it is not fo ftromg here iftyou: underftand:the Vee to ‘Have been hired or paid for by’ Mr. O’Connor.. Yet ‘AP the fa Might” happenin the way that they ftate it. Mr. Or’CSnhor had agréed to let’O’Coigly go: with +him—now#if that “w4e'all’and if the’ declaration which he» made to Mr. Bellwas® nade “fairly at the time; ‘that might happen to be the ‘cafe'} for‘ fays Mr, Bell; he was'-very muchisconcerned ditéMvards atihaving made the engagement, and if there! was nothing’ moré in the cafe than that he had agreed td take! him pecaife he'was a*poor diftrefféd Irifhman, and could, not-pay for his paflage; ‘certainly’ no criminality attaches! on O’Connor for fo'taking O’Coigly into’ his:veffel.\ Before you. ‘find-him- suilty*you muft’ be fatisfied: that he knew the conterits: of the - paper—2U ndoubtedly* that knowledge» may be proved: 'moft fatisfatotily bythe conduét and the: behaviour: of \thesprifoner Brmfelf, ahd what’ Phave ftated to you is what-arifes from: his conduc Ihave told'you what appears againft»him;:andod will fate tore which is ‘for him, and you willapply the eévi« deticéand jadgse-which’ is moft likely to be .confiftent ‘with the#ruth {ahd-as' the evidence fatisfies your minds;.one way or the’ other) "youwill have to find'your*verdictin this Cafe. Oe Gireumftanee for him, and certainly not‘an °immaterial one Gsy thet he ys not ‘proved ever to have beenva member-of aiiy political Society, eitherin England or in Ireland. There if nd eviderice Whatever of that. TAs to'the-obfervation made by the counfebabout the cypher, asfar°as it Wwent;‘the cypher moftly relates to:Treland, ‘but {till it'muft be‘rememibered) that England ‘is not forgotten; nor is Déver forgotten’; ‘there ‘are ‘charaters* inthe ‘paper: which deferibe each ‘of them)’ but in’ other-parts*it’ is more applica- Ble toTreland than ‘it is to Englands P think)alfo that-you may fakEit'to be pretty’ cleat that Mr.°O*Connor was nottheper- fon Alléded*to it the ‘paper addreffed to the French Directory; poten <2 CE for SR ie es) So SRE ST SPT Ee eT TT :: my : aK : eee EN ETS PERRET iS AE TEES AE SID SLE NTI A TNT EEN ARTIS ETT TEER LEE IS TEE TET IIL TLL TOOT ($33) -for- thé>papet faysy the cbéarer is-the-perfon, who,had gone. fer the ‘Secret?Committee}before,, and, is inj.great,(hafte....~P here -is-nouptetence for faying» that, Mr. O’Connorbad exer, bonne ‘any tmeflage forcthem before; the. paper alludes .to,.an,,rifh .and. Lord. Edward Fitzgerald’s lady had property in France,-which; property, at appeared, from fome of the -gentlemens evidence, Lord Ed- ward hadinever got poflefiion of; andthe activity {poken, of in the letter, it is‘faidjrelates to that property, .whichhe hoped toufecure-for his’ friend Lf the Jetfer means no more,, there is no harm’ in it: » Undoubtedly the:mere poflefiion \of.a cypher does not amount to treafon, but: ftill it does raife a fufpicion, and: the queftion ‘is whether, upon the whole. of. the evidence, you find-fach facts eftablifthed againft Mr. O’Connor as convince your minds*of his guilt. -Before-you can convict this prifoner, _or Binns, [think you muft.be fatished that they knew: the con, tentsiof this paper, becaufe there is noiothersevidence. but that letter,:from-whence-toimpute any f{pecies of treafon, .or, coms munications from England :to France, to eitherof them,. .So far the queftion ftands pretty:much upon:thesfame, ground as, tg the prifoners O’Connor.and-Binns 5 and.as to O?Connor there ig this ¢circumftance alfo certaiuly infavour,of him -more.than in favouriof Binns, namely, thatthe paper,. which,is.the prin- cipalithing in queftion, was not: written, till .the,.Oth of, Kes -bruary;;butit is clear, ->by Mr. Bell’s:evidence, if you believe him; that Mr. O’Connor-had made up; his:mind about, quitting the-kingdom.and going out jof, the country fo early as the; 20th of January. Now, if he hadmade up hismindfo. early .as Mm 3 . that ('534 ) that’ to’ quit this country, it does not feem that fach intention “was governed or ‘occafioned by the letter. 2°" Mr: Attorney General. The'date ‘of the paper is the’25th "of January. ” °° Wir? Fustice Buller. Ve is a’ French date; 1° thought’ you “ftated it to ‘bein ‘February, but if it were in January the obfer- \SWation! arifing from it is’ not fo ftrong as’ in the way TI un- 2" @érftood it} but if the prifoner had made up his’ mind, ‘and had *“’edetermined refolution to go out of this country, before the “paper “exifted; ‘it does afford a ground from whence to conclude ‘that he was not one of the perfons employed to carry this paper. ‘SF he queftion’ is, whether on the one hand ‘you are fatisfied’ that ”hie'did not know the contents of this paper, and was going upon “€Ke fameerrand, although O’Coigly was the bearer of the paper, *“SiF you are fatisfied of that, you ought to find him guilty, ‘but if the fats hang at all in equal-fcales, it is a cafe in which cha- »tactér ought ‘to weigh, and his character ‘has ‘certainly been ‘proved tobe as’ good as any man could eftablifh. “oP have fated the’ fa&ts as they may be preffed and “under- * ftood-on both fides, becaufe you fhould exercife your jiidement *upon them. ~The prifoners whofe cafes remain to beé~ confi- dered are the two fervants; the queftion is ftill the {ame ‘here, “namely, did they know the contents of this paper? “When “five mén are! going together in the fame boat, before we con- “clude that fome did know, and others did not know, what errand the boat was going upon, certainly we ought to find fome “principle upon:which to diftinguifh their cafes; ‘the circum- ftance here is the character in which they appear; it was ftated .in the-reply that Allen was-not a fervant, but no evidence has been.given of that at all; he never appears to havebeen {een in any character, or company, appearing otherwife\than as a fer- vant ; there is no evidence that fhews him, upon any occafion, acting otherwife. If he really had filled any other character in _ lite, I fhould have told you, without hefitation, that the circum- flances of his. afluming a falfe character of a fervant, makes ftrongly againft him ; for why.do, men aflume falfe characters -if they are not acting in illegal defigns ; but it does not appedr that he ever appeared in any other light than as a fervant, and mn ce RN APRN Bi a SPRAIN SSIES VIDEO OORT ANS SENSES II STA Se or aT RY " nqtentahalbicemicrnan 525° ) in that character he did. appear in all. tranfactions, here... He lived with one whois, clearly admitted.to bea fervant, namely, the boy, . When itis eftablifhed as a.clear fact that thefe ‘were two fervants attending their matfters, is it likely that,they fhould be acquainted withthe contents.of fuch a paper as this? ‘Does not.the mere circumftance of their being fervants: exclude the probability of their knowing that, and_if you, think, they ‘did not know it, you ought not. to. find them guilty: Having faid thus much I truft I have difcharged. my duty both, to, the public, the prifoners, and to you. As to, the law, I have ftated that clearly. and explicitly,. becaufe it is, clear,and admits of, no doubt.. As to the fact, I have ftated what has been proved upon each fide; I have. ftated where it feems to me, the evidence that has been given, may admit of different conftructions, which Ihave done, in order to lay the cafe fairly before you, for your confideration. Perhaps, as to the firft-prifoner, I have ftated ‘my own opinion pretty ftrongly ; 1 have done. that, becaufe I am not able to find any doubts upon the evidence, . It is my duty to ftate my opinion.to you, becaufe you have aight to know it; but you are. not bound to follow it;,the Court, are bound to.give their opinion, but having done that, it.is, for you to exercife your judgment upon the different parts. of, the evidence, and remember. it. is your verdict, not, mine.,.Let your opinion be what it may, pronounce it upon the evidence which has appeared againit the. different prifoners at the bar 5 and J am fatisfied, that when you,turnthe evidence’ in;your own minds, you will pronounce that verdict, which is. confit tent with the truth and juftice of the. cafe, The Jury withdrew at fifty minutes paft twelve o’clock at night, and‘returned into Court at twenty-five mifutes paft one, ‘witha Verdict, finding JAMES O’COIGLY, Guilty. ARTHUR O’CONNOR, Not Gui: ty, JOHN BINNS, Not Guilty. JOHN ALLEN, Not Guilty. JEREMIAH LEARY, Not Guilty. & mo WJ , | Mm 4 (7<83°) ) . | “aR JUSTICE BULLER. oleae Q Coigly, you ftand.convicted.of the,crime of shigh -Treafon, and upon the. evidence which, has. been givens Ihave ‘not. been.able to find the fmalleft doubt,.which I could leay.eto the confideration of, the Jury,,.and.,on)-which: they could:ho- “neftl y be dtated to, beat liberty to. form, the fame favourable opi- nion of your, cafe, which they) have done.of thecafe of the other prifoners at,the bar.--W hat.are the..motives which ac- ‘tuate the human mind, .when -it..is.ledjinto the, commiffion,of. the, blackeft and the deepeft. crimes, it.is,often; very-difiicult to day. It is extremely. fo, when. the. crime. is directed againftia Prince,, whofe. yirtues..and whofe,.mildnefs have. excited: sap. plaufe and approbation..from., all, mankind,,and againft: whom detraGion. itfelf cannot hint..a fault; or, when it, isdevelled againtt the exiftence of a-Conftitution, which has: been:framed wholly. for the feeurity of the liberties,..and,the, prefervation:of the property, of thofe who.live under, it. .Every.man whovhas any property in any part of his Majefty’s dominions, ‘whether he be Turk, Jew, Infidel, Papitt, or, Proteftant,./is ) equally interefted .in the prefervation of this Goyernment;,all.of them have been, .and ftill are, continually,obliged for its moderation and its juitice,; for they have had the fame.indulgence inj:the enjoyment of theirreligion, the fame protection, and the fame benefit in the diftribution of the common juftice.of the realm, as any other of. the King’s fubjeéts.... None of.them could: ever expect to mend. their condition..under.a.French,dominion,;, but the contrary is forefeen by. all..confidering men,.and.all dev {criptions of perfons would be reduced to.a moft.difmal fate, :if you had obtained your end. ‘It is 2 againft all the rules of reafon,.and againft. the experi- ence of all ages to imagine, that if the French had become mafters. of this country, they would fpare a,reftlefs, and: difcon~ tented race of men, more than thofe-.who -have..fhewed themfelyes orderly members of fociety, and capable.of living quietly under a regular and well ordered ..government.., It is not a zeal for any particular fociety of perfons, or for the efta- blifhment of any principles, which can, tend to.the happinefs ; of a eth eS Ne: ( °§37 75) of mankind in general, which would incite the-French-to in- vade England; butit is the pride and ambition to conquer thefe kingdoms; and‘to reduce ‘them’ tombe a «province 6f France. Y¥Ehe pretencecof difuling’ liberty may ferve’ to deludé°fome warm and unwary” zealots’ to engage in‘ fuch plots) who do mot confider that if they fhould be fucoefsfal, they would be as certainly deftroyed ‘as ethers,’ but with more difadvantage to »themfelvess for after’ théy: fhall’ have furvived" the liberty of their country; they willbe at the mercy of their Conqueror, who-can'never think/ityhis’ intereft to: traft ‘thole, who have fhewn themfelves incapable of living. quietly under one of ‘the mildeft governments ‘which exifts in’the known world, ‘and -therefore’ will naturally defpife them as traitors to their 6wa country; and unworthy of the confidence of any other. ~ When we {peak of liberty, wethould not forget what a very celebrated\ French writer fays on-that fubject.” He tells ais that there’ is'no’ word which has admitted of more various fig- nifieations)and has niade more different impreffions on human minds than that of liberty. Some, fays he, have thought it g.ticht to\beat arms, and be enabled to’ ufe violence. ‘Some have annéxedit’to one form of government, ahd others to another.” But Jiberty:is a right of doing whatever the laws permit ; and if a citizen fhould do-what they forbid, he would no longer be poffefied of liberty, becaufe all his fellow fubjeéts would.have the:fame;power. He adds, that;to have liberty, it isrequifite that a government fhould be fo conftituted, as that one man need not be afraid’ of another. He has alfo told us that there is ‘this inconvenience in conqueits made by demo- cracies, namely, that their. gowernment is always odious to the conquered country, ,and is much .more oppreffive than moe narchy; as the experience of all ages and all countries evinces. That any fet of men fhould work themfelves up to an opinion and belief, or seven to a hope, that if ever the French fhould conquer this country, they will afterwards relinquith it. to ‘thofe ‘who invite them ‘here, is as extravagant as the idea. which prevailed ‘in ‘the aft century, thatymurder in this world would prepare the way for ere ype m ca next. The recent babak which Se ee ee ( 2538 )) “which they “have fhewn lately towards Holland, Switzerland, and “America; muft leave that queftion beyond all pofibility of-doubty and ‘are the moft convincing proofs that their whole fyftem is a-compound of oppreffion, of tyranny, and of venal corruption. I do not fuppofe that either a regard, or a miftaken zeal for any. religion of any defcription, has now, in the fmalleft degree, contributed to an attempt, or defire, to {ubvert this Country, or its Conftitution. On the contrary, the modern way of corrupting the human mind, hasbeen to eradicate every idea of religion, and to deprive every virtuous mind of the.comfort which it might derive from the aflurance of a future ftate—It is not my province to enlarge here on that important topic; but if you have fuffered your mind to be tainted by ideas on that fubject, which occafion mifery here, and endanger falvation hereafter, I can only exprefs ‘a hope, that before you launch into a vaft eternity,“it may pleafe the’ Almighty God of heaven to open your underftanding, -and to lead you'to a true and perfect conviction of your errors, to a fincere repentance of them, and not to let the firft thing which undeceives you, be death itfelf—To that God every Englifhman will addrefs himfelf to implore the protection and falvation of his country—to the fame awful power you will do well to addrefs yourfelf for mercy and forgivenefs. It is my duty to fee that the crime with which you are charged, has been proved againft you. It has been fo fully proved, that the Jury in your cafe could form no conclufion different from what they did. No man can doubt the propriety of their verdict, and upon that verdi& I am bound to pronounce the judgment of the law upon you, which is, and this Court does adjudge, ‘That you be taken from hence to the place from whence you came, and from thence you be drawn on-a hurdle to the place of execution,’ there’ to: be hanged by the neck, but not until you are: dead: but that you be taken down again, and that whilft you are yet alive your bowels be taken out and burnt before your face, and (3539')) and that afterwards your head-be fevered, from your body ; your body to be divided into. four quarters,.and your head and body be at the King’s ‘difpofal._And may God Almighty have mercy on-your foul, Mr. Arthur O’Connor was detained on a charge of High Treafon, by virtue of 4 warrant from his ‘Grace the Duke of Portland, dated March the 22d. John Binns, John Allen, and Jeremiah Leary, were dif- charged the next day. James O’Coigly was executed at Penningdon Heath, on ‘Thurfday, the 7th of June. After having been fufpended about ten minutes, he was _cut down, when his head was fevered from his body (the ‘King having gracioufly remitted the remainder of the fen- tence) and ‘the head and the body were. immediately bu- Tied under the gallows. TABLE ei. ;,. STABLE.OF CONLENTS: Pate Due day on which the Prifoners were apprehended, the - > Special Commiffionsaffued, and ORS ee 3 3 The Grand Jury, 4 e . oe 4 Mr. Fuftice Buller’s Charge to the Grand fuey,. 5 Indiétment returned a true Bill, aflignment of Countel, tomy il Affidavits to poftpone the Trial, eel ss SE Face”). mai Caption and Indiétment, : é AE snisanae The Trial commences May 21f, 1798; , 2.539 The Gounfel for the Crowns and:for, the Prifoners, s Sin 2B5 Mr. Plumer’s application to the Court, refpecting a Better wiitten by the'Rev. Arthur Young, ib; Mr, Lioyd’s Affidavit, with the Rev.,Arthur Young’ s nfl tol 46 "The Pannel of the Petit Jury, with the Challenges, (49 Objection to the Crown challenging without fhewing-caufe, _and argument thereon, . . : * 5 ECS. The Jury fworn, 2 a Mr. Attorney General s Speech 3 in opening the cafe, r oe, 7 John Revett’s Examination, : ; : ee ve) | Crofs-examination, . x - 5 4.104 Edward upton’ s Examination, : : : s ..109 —_ Cr -ofs-examination, ; : - a4 Walliam Twopeny’s Examination, : - ani LZ Crofs- examination, ; . RE IR Re-examination, » 124 Addrefs from the Secret Committee of England to the Exe- cutive Directory of France, : . ee re Ann Crickett’s Examination, , ‘ Ra ty. Jane Dexter’s Examination, . : Bie & William Kerby’s Examination, . ‘ «131 —— ~ Crofs-examination, . * Had Certificate of James O’Coigly’s baptifm and to anton ee. Certificate at James ©’ Coigly’ s admiffion to the four lower “Orders and three holy ones, . : so ASA James O’Coigly’s Teftimonial, : ‘ 9:78 35 Frederick Dutton’s Examination, & . IDs Letter figned William Parkinfon, addreffed Mynheer George “Frederick Vander Hoop, Rotterdam, dated Manchefter, February 14th, 1798, “ ‘ ‘ - 136 Frederick Dutton’s Crofs-examination, . o 137 Re-examination, ‘ be. ea As William Lane’s Examination, . ~; 146 Letter from Mr. O’Connor to ses Coigly, Sige s) 3Oe William Lane’s Crofs-examination, . . ee TABLE OF CONTENTS Letter, addreffed Lieutenant Johnes aso illegible) _. . James Claris’s Examination, . ; Letter from J. Claris to Ry Campbell, at Deal, dated Can- terbury, February’22d, 47908, , : : James Claris’s Examination continued, cae oie > : "Fhomas Clio Rickman’s Examination; - ; : : Kean Mahoney’s Examination, : : : Ses Crofs-exantination, : ; z William Kitchingham’s Examination, : : = Crofs-examination, p Sty Edward Appletor’ s Examination, . erably reengigesd ier John Foreman’s Examination, ; <§ eck = Crofs-examination, F : ef ‘Thomas Norris’ S Examination, : i Te : = Crofi-examination, : Pear ROo on Robert Campbell’s Examination, : ‘ he Lancelot Hayman’ s‘Examination; ; sf ; ‘Thomas Barham’s Exantination, ; oe Direction to ‘L. Hayman, found on I. Bihng, é a ao - = found on Mr. O’Connor, seh James Elliot’s Examination, ; : wae Jeremiah Mowle’s Examination, . : ; William Jones’s Examination; ; , si Hugh Bell’s Examination, - 2 : Crofs-examination, : - : Re-examination,; ; Letter "ee James Wallis, addreffed Mr. William Willian, Canterbury, ‘dated London, February 24th, : : james Mortis’s*Examination, 5 " . James Wallis’s Examination, : ‘ : Crofs-examination, : - : Elizabeth Smith’s Examination, ~ ; : : - Crofs-exatnination, “Wie 4 John Richardfon’s Examination, " ss . Richard Smith’s Examination, ° wars . Awe. -- Crofs-examination, ; si Rice Stephen Perkins’s Exarnination, Letter figned Edward Wallace, addrefled une Van So2" lomon, Amfterdam, dated Whititable, February 26th, 1798, Stépher Perkins’s irate. -examination,. x ak Jom Dyafon' s Examination, “ pr : Crofs-examination, 3 n - Stéepher Perkins’s Examination, fe ea SF Mr: Kirtg’ s Examihation, niet Slip-of paper found in Mr. .O’Connor’s dieing Box, a Mr. Kino*s Crofs+ examination, : . “ Mr. Ford's Examination,” ‘ SRoaaas oes - Crofstexamination, eee ee ay BaWare Fugion’s*Examination, ; Ie Jolin Revett’s Examination, : esr aes Jonas King’s Examination, ° coer ° ve Page 147 ib. 149 ib. i5i ib. Ths 156° 1538 as 161 164 165 168 geo i a 47 ip ib, 178 1890 ¥3T “Qt 193 gy. 2t ‘: ib... 212 21 ” ib... 216 216° ‘217 ib... 21 ie ; 220 i | | FC ae ei Se ee ee ee fy = tik TABLE OF CONTENTS¢ Page. Theines Hocklefs’s Examination, ‘ eee Bill from Colonel Morris to Salifbury and Co. for paflage to ; Whitftable é ; pa tah Ty. Henry Thomfett’s Examination, : je SS et - Crofs-examination, ‘ . nate - Re-examination, : . Sark David Affiter’s Examination, ‘ : 1228 Nicholas Cloke’s Examination, : : = ee Mary Lemon’s Examination, : . Spine 2 3 Daniel Valder’s Examination, f : errr sb MrOliver Carlton’s Examination, fils 2 at See -- Crofs-examination, : : ere 8 Abraham Abbott’s Examination, ROMER: X= Letter from Mr. O’Connor to Lord Edeost Fitzectald, a. “Te. Cypher found in Mr. O’Connor’s razor cafe, : Ee Letter from Mr. O’Connor to Mr. Roger O’Connor, damet! London, 13th February, 1798, : 3 Bae Mr.)Oliver Carlton’s Examination, . > 239 Frederick Dutton’s Examination, ‘ : “edie Fs Letter from J. O’Coigly to Lord Edward Fitzgerald, dated Dublin, January 14th, 1798, : ; ‘po Frederick Dutton’s Crofs-examination, : : eg PAT Mr.‘Ford’s Examination, : : : = 244 ee Crofs-examination, : Siete le The Examination of James John Fivey, taken hettre Mr. *Ford on the uf of March,. 1798, ; R Wasted Mir..Ford’s Examination continued, . . 248 The Examination of James John Fivey, ee ae the Duke of Portland the 5th of March, 1798, ‘ ye Me. Ford’s Crofs-examination, pene | ‘Fhe Examination of Mr. O’Connér taken before the Duke of Portland the 5th of March, 1798, : ROE Mr. Foid’s Crofs-examination continued, : ary Extra from the pocket-book found on I. Binns, A - 256 Gy ie found on the perfon of I. Binns, : te a ‘Tranflation of J. OQ’ Coigly’s French Paffport, - «eet ihe John Jones’s Examination, : : abg perce Crofs-examination, . . Sree Jéhu Schaw’s Examination, : +5 208 John Jones’s Examination continued, . ° <1 je Benj amin Hall’s Examination, < . - 262 —-- Crois-examination, ‘ ‘ «. 263 Ofwald' St rong’s s Examination, ‘ R “2 te John Revett’s Examination, . 264 Declaration, Refolutions, and Conftitution, of the Bocieties of United frithmen, i ‘ ‘ + 1265 John Revett’s Crofs-examination, : ‘ ‘nit Henry Maryon’s Examination, ; > eet TABEE OF CONTENTS: Tuefday, May 22d. Mr. Plumer’s Speech, . . ‘ Mr, .Gurney’s Speechs , . Mr. Ferguffon’s Speech, : ee Mr. Scott?s‘Speech, : \ Jeremiah Haffet’s Examination, , Mr. Stewart’s Examination, ; —- Crofs-examination, % Certificate of the United Irifhmen, > The Earl of Moira’s Examination, 5 Cornelius Kettle’s Examination, ‘ - Crof{s-examination, = ——- Re-examination, £ Sarah Jones’s Examination, : « Crofs- examination, z Mary Morgan’s Examination, =} Mr. Erfkine’s Examination, : - Crofs-examination, . Mr. Fox’s Examination, . Crofs-examination, 4 The Earl of Suffolk’s Examination, “ Crofs-examination, Mr. Sheridan’s Examination, ; ——-———— Crofs-examination, - Re-examination, s The Duke of Norfolk’s Examination, Mx..'Taylor’s Examination, . Mr. Grattan’s Examination, E Lord John Ruffell’s Examination, a The Earl of Thanet’s Examination, The Earl of Oxford’s Examination, : Crofs-examination, Mr. Whitbread’s Examination, F Mr. Dallas's Speech, : Defences made by the feveral Prifoners, Mr, Attorney General’s Reply, ; Mr. Fuftice Buller’s Summing up, Verdiét, ; Sentence on J. QO’ Coigly, . Spee es Page 277 ibe) J5t ‘BBO 398 394Y 395 - 399 ib, 400 403 iD. 4obh 407 409 410 4iz2 4.13) 415 47 418 AIG 420 421 4.2 Bie ib. ib. The following. Trials are publifhed from Mr. GURNEY’s Short-Hand Notes. "Tae T1401 0f THOMAS HARDY, for Hee TREASON: at the Sefsion Houfe in the Old “nee In Four Volumes, Price 11. 8s. in-Boards. Note. Any odd Volumes may be had to complete Sets. The. Friat of JOHN HORNE TOOKE, for Hic Treason, at'the Sefsién Houfe inthe Old Bailey. In Two Volumes. Price 14s. in Boards, The Trrat of ‘WILLIAM STONE) for Hicu TREAson, at the Bar of the Court of King’s Bench. . Price 78. in Boards. ‘Phe Trrat 6f ROBERT. THOMAS: CROSSFIELD, for Hicgu Treason, at thé Sefsion Houfe in the Old Bailey. Price 6s. in Boards. Note. The above Trials _ coftitain’ the parol Evidence,” authentic Copies of all the Letters, &c.. &c. and the Argue ments of the Counfel, and of the Judges; verbatim. [Phefe Trials are uniformly printed on the fame Paper and Type as this Publication.] Sold by Martha Gurney, Bookfellery Holborn’ Hilly wha bai Juf publibed the Twelfth Edition of BRACHYGRAPHY; OR, AAN EASY AND COMPENDIOUs SysTEM OF SHORT+HAND. Adapted to the various Arts, Sciences, and Profefsions, by JOSEPH GURNEW Dedicated with Permifsion to the King. Price Half-a-Guinea. * Note. The Book is a fufficient Inftruction of itfelf 3 but if any difficulties occur, they fhall be removed upon application to the Author, either perfonally, or by letter, without any additional. expence, VW Author Gurne Joseph. Title The trial’ of Janes + = 4 6) ae S LY 2 London .Sold. by M.Gurney bookseller, 1798, Dee : ? oe oe CE ere DATE DUE | Boston College Library | Chestnut Hill 67, Mass. Books may be kept for two weeks unless a shorter time is specified. Two cents a day is charged for each 2-week book | kept overtime; 25 cents a day for each overnight book. If you cannot find what you want, inquire at the delivery desk for assisstance. ® is: