Mr. Prime Serjeant. Wearied and ex- say obliged, because prosecution is painful to hausted as you, my lords and gentlemen of him, as well as to those who act with him. the jury, must be at this late hour, I yet feel | The infliction of punishment is disagreeable it my duty to trespass a short time upon you, to the Court, but in our public duty these in a prosecution which the attorney-general weaknesses must give way. There is justice has been obliged to institute :--Gentlemen, I due to the public; iny learned friend is the the advice of his law friends, and gave bail which notice would be given; nothing was for his appearance in the King's-bench, to done upon this notice, and no affidavit was answer such charges as should be there made filed, or motion made thereon, and the venire, against him. During the succeeding Hilary the process necessary for impannelling juries term, Mr. Rowan daily attended in the King's on the days appointed, having been, after bench, and on the last day of that term, find being issued, kept by Mr. Kemmis, the crown ing that no examinations had been laid before solicitor, instead of being delivered to the the grand jury against him, he applied, by sheriff, a motion was made, on behalf of Mr. counsel, to the Court, that the examinations Rowan, in the last Trinity term, that the should be forthwith returned, particularly as venire 'should be delivered to the proper Mr. Attorney-general had, in the course of officer, in order that the trials might be had on of the term, filed two informations er officio the days appointed, in case the Court should against him, the one for the same alleged not grant any motion the attorney-general offence of distributing a seditious paper, and might make for postponing the trials. This the other for a seditious conspiracy; where- motion was opposed by the attorney-general upon, Mr. Justice Downes, who was on the -he declared, that there was error in the bench, having asserted that he had on the information for distributing a seditious paper. first day of the term, returned the examina- Mr. Rowan offered to agree to an immediate tions to the clerk of the crown, and the clerk amendment of the information, or that a fresh of the crown having said that from the multi- one should be filed and pleaded to instanter, plicity of examinations returned to him on the or that he would release all errors;—all these first day of the term, in the course of the term, offers were severally refused. The object of and even on that day, he had not had time to the attorney-general appeared to be to postlook them over, the Court refused to make any pone the trials, and though only one of the order. Mr. Rowan daily attended the King's- informations was stated to be informal, yet bench in the following Easter term, until the the day appointed for the trial of the other, same was nearly spent, and finding that no bills which was supposed to be formal, passed were sent up to the grand jury against him, he away without trial, equally with the day apmoved the Court, by counsel

, that the recog- pointed for the trial of the one which was nizance entered into by him and his bail, stated to be informal. The attorney-general should be vacated, and publicly declared, that afterwards withdrew the information stated if this motion was not granted, he would sur- to have been informal, and filed another in render himself in discharge of his bail. The the stead thereof. Many of Mr. Rowan's attorney-general consenting, the motion was friends suspected, that the motive for postgranted, and the recognizance was vacated. poning the trials was the expectation of hav

[It may not be improper here to state, that ing, under the shrievalty of Mr. Giffard, juries the above examinations having charged Mr. more favourable to government prosecutions, James Napper Tandy, with distributing a than they could entertain any hopes of having seditious paper equally with Mr. Rowan, he during the shrievalty of úr. İlulton. In likewise gave bail; but not having appeared | Michaelmas term last, the attorney-general in Court pursuant to his recognizance, it was applied to the Court, that a day should be estreated, green wax process issued against appointed for the trial of the information for the bail, and the amount of the recognizance distributing a seditious paper; the Court would levied from them, though no bill of indict- not appoint a day in that term, but appointed ment, grounded on these examinations, was a day for the trial of that information in ever preferred against him, and though his Hilary term following, viz. the 29th January absence was notoriously on another account.] last. After Mr. Rowan had received his sen

In the above mentioned Easter term, a tence, being desirous of having the informamotion was made, on behalf of Mr. Rowan, to tion for a seditious conspiracy also tried and fix certain days for trial of the informations disposed of, he instructed his counsel to move filed ex officio against him, and the attorney for the appointment of a day for the purpose; general having agreed to the appointment of and the counsel having mentioned to the two days in the ensuing Trinity term, viz. the attorney-general such his instruction, the 3d and 7th days of May, those days were ac- attorney-general said, that it was not his in. cordingly appointed for the purpose. How- tention to proceed upon that information, and ever, in the Easter vacation, the attorney that he had been prevented only by a press of

a general served a notice on Mr. Rowan, that business from withdrawing it, but would he would not proceed to trial on those days, without further delay, and accordingly the and would apply to the Court to appoint other attorney-general has since entered a noli days, grounded on an affidavit to be filed, of prosequi as to that information. Orig. Ed.

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advocate of justice to the public, not of perse-order should, acquit the factious, I agree with cution against the defendant. the gentleman, that the world would bear There is no man, who recollects the period hard upon a jury, who from fear or favour beat which this publication came out, too noto-trayed that situation in which the law and rious and shameful to be forgotten, who must the constitution placed them. not have thought it highly proper to bring the publisher to a legal trial. To the exertions of government, at that time, it is to be attributed that the trial by jury still subsists among us, and that he has not been before now tried at another court; that the King'sbench has not been superseded by a Revolutionary Tribunal; and that my learned friend has not, ere now, made room for the public accuser. The defendant must think it fortunate that he is tried according to established law, and defended by counsel of his own election, and before a jury, bound by a solemn appeal to God, to find according to the evi. dence given to them, notwithstanding that disgraceful situation in which it has been stated they will be held, if they presume to find a verdict of conviction I feel no danger that this jury can be intimidated by apprehensions, or influenced by prejudice. My learned friend and I have been represented as instruments of oppression against the gentleman at the bar I consider it as the talk of the, moment, because his learned counsel little, knows us, if he thinks us capable of acting so abominable a part. He could not mean it in the extent to which it reaches the common ear; I can consider it only as the splendid effusion of his talents; he was anxious to lead you, gentlemen, from that which was the true object of consideration.

You have been told, the defendant was prosecuted because he published an invitation to the volunteers, entered into the discussion of a reform, and Catholic emancipation, and endeavoured to have a national convention assembled. I will tell the jury it is not a prosecution upon any one of these grounds; but a prosecution, because these subjects were thrown before the public in a paper crammed with libellous and seditious matter, calculated to inflame. These measures, which were sought after, should be procured by the power of reason and not by an intimidation of the ' legislature. Little does the defendant's counsel know me, if he thinks I could prosecute a man for calling upon the volunteers to suppress domestic tumult or resist a foreign foe; these are the subjects to which he calls your attention, totally evading the offensive matter in the publication.

Let me now, gentlemen, take that place which it is my duty to take, and which the gentleman on the other side, I suppose from address, so lightly touched upon. I shall reverse the order he adopted. The first question then is, "Whether the publication of this libel was by the defendant ?" If there be a man, entertaining a doubt after the evidence stated, it is in vain for me to address him. In support of the fact of publication Mr. Lyster has been examined; he states that, upon the day of the publication of the paper, he was passing through Cope-street, in this city, and seeing a great crowd at the house of Mr. Pardon, he went there to know what the object of the meeting was; he says, that on going to the door he saw Mr. Rowan, who prevented him from going to that part where the assembly was, saying he could not be let in with coloured clothes; afterwards he went up to the gallery: a bundle of papers was brought, some were thrown upon the table, and some handed up to the gallery, and this particular paper which he produced was thrown from a parcel which Mr. Hamilton Rowan had in his hand. The witness got this paper, which was thus for the first time put into circulation: he gave au account of the manner in which this matter was communicated to the Crown solicitor.

The witness was questioned much as to family matters, with a view to impeach his character; but it has had a contrary effect: for the matter was submitted to reference, and the authenticity of the instrument under which his brother claimed, has been established, and some hundreds awarded, one shilling of which would not have been given if they believed the instrument to be forged. When he was interrogated as to these matters, he said he heard this day, that Mr. Blake was to be examined to impeach his character, " If I knew it before," said he " I could have had witnesses from the country to support me." But when Mr. Blake was called, did he in any respect whatever impeach the character of Mr. Lyster,? he would not say that Mr. Lyster was not to be believed, What then must you think, when resort has been had to distant counties to find witnesses to impeach the character of Mr. Lyster, and out Gentlemen, the questions which you are to of the 150 men assembled in Cope-street, no try are these: Was this matter published? one has been brought forward to deny the fact Is it a libel? And was the intention crimi- which has been sworn to? Will the jury benal?Can he desire more? If it was not lieve that if the fact could be controverted, published, if it be not libellous, and the inten- men would not come forward with emulation tion was not criminal, I agree that the defen- to acquit Mr. Rowan? I there join with his dant ought to be acquitted; and if the jury counsel: he is far above bringing any man acquit him after a fair and candid discussion forward to swear that which is not the fact; of the case, no man will be more satisfied he would not purchase an acquittal by such than I shall. But if, without such a conside-means, and therefore it is, gentlemen, that ration, a jury, in times of distraction and dis- you have not witnesses to prove he was not

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there, or to prove he was inactive upon the prosecution upon that account. As in the occasion.

case in England, lord Kenyon said, The next witness, gentlemen, was Mr. Mor- may be much innocent matter in the publicaton; he goes in direct confirmation of every tion, but latet anguis in herbá, there may be thing sworn to by Lyster, though he does not much to censure.' But here is a publicaprove the same individual paper ; but he re- tion teeming with faction, tumult, and sedimembered hearing the words of such another tion; it is impossible to suppose it was inpaper read, it began with the words, “ Citi- tended for the old volunteers, it comes from zen soldiers to arms !" This evidence, though the society of United Irishmen. not decisive of itself as to the identity of the The first words have been passed over by paper, is corroborative of the testimony of the defendant's counsel, but they show at Lyster, and shows that Mr. Rowan was once the wicked adoption of French principles there.

and French language. Is there any man who Thus stands the evidence as to the publica- does not know that at that period, the French tion. Can any man doubt that this paper revolutionists universally adopted the expreswas published by Mr. Rowan? It is not ne- sion of Citizens ?” This paper begins “ Cicessary for me to tell you what is a publica- tizen soldiers; you first took up arms to protion in point of law, as to writing or printing; tect your country from foreign enemies and but putting it into circulation is a publication domestic disturbance; for the same purposes in law and fact. I forgot to take notice of it now becomes necessary that you should rethe other impotent atteinpts to impeach the sume them." It is not confined to summoncredit of Mr. Lyster by the evidence of Smith, ing the volunteers to protect their country, it who could not prove any thing; and the evi- calls them to political discussion : was this a dence of an unfortunate woman, between period for such proceedings ? “A proclamawhose daughter and Mr. Lyster's brother tion has been issued in England for embodythere had been some atlachment. But that ing the militia, and a proclamation has been I leave as matter of law to your lordships to issued by the lord lieutenant and council in state to the jury. Thus stands the evidence; Ireland, for repressing all seditious associaand with regard to the publication, if I were tions; in consequence of both these proclaupon the jury, no earthly consideration could mations it is reasonable to apprehend danger induce me not to give a verdict of convic- from abroad and danger at home. For whence tion.

but from apprehended danger are those meI shall now beg leave to call your attention nacing preparations for war drawn through to the publication itself. It is charged in the the streets of this capital?' or whence if not information that it was designed to overthrow to create that internal commotion which was the government, to overawe the legislature, not found, to shake that credit which was not to create tumult and disorder : there are pa- affected, to blast that volunteer honour which ragraphs in the paper to warrant every charge was hitherto inviolate," — Gentlemen, was contained in the information, which is, in public credit affected or not? Was there a point of law, sufficiently sustained. If there man at that time who could reckon upon the be a single paragraph of this paper to warrant | security of his house for a night? - “ Are the jury to draw this conclusion, that it was those terrible suggestions and rumours and intended to throw the government into dis- whispers that meet us at every corner, and grace, to excite the subjects to make altera- agitato at least our old men, our women, and tions in the government by force, to excite our children? Whatever be the motive, or them to tumult, to overawe the legislature by from whatever quarter it arises, alarm has an armed force; if, I say, there is a single pa- arisen; and you volunteers of Ireland are ragraph in this paper, from which you can therefore summoned to arms at the instance draw that inference, it sufficiently proves the of government, as well as by the responsibisubject matter of the information.

lity attached to your character, and the perThe gentleman concerned for the defen-manent obligations of your institution.” If dant read, from the account of a trial, what an this were a real invitation to the volunteers, English jury did in the case of the Morning it would endeavour to reconcile them to the Chronicle, as an example for an Irish jury, as government they were called upon to defend; if that were to bind you upon your oaths; and to stand or fall with the constitution, which yet what was the case? The jury thought they had, so much to their honour, exerted ihat a printer, endeavouring to get his bread themselves to establish. But here follows a was not as guilty as the person compos- direct insinuation calculated to excite jealousy ing the libel, and that the former did between the government and them. “We not distribute it with any malicious view. will not at this day condescend to quote auBut suppose 500 juries found such a ver- thorities for thc right of having and of using dict, are you to follow their example? I arms, but we will cry aloud, even amidst the am wishing to take up the distinction made storm raised by the witchcraft of a proclamaby the defendant's counsel and my learned tion,”—Is that a peaceable invitation to the friend in the prosecution. If this paper had volunteers !--" that to your formation was rested with the invitation of the volunteers to arms, he never would have instituted this

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