violence, was Mr. George Smith, who was fitting at the end of the feat of the Solicitors for the prifoners: he was forced from thence, and came to the place where I was fitting. The next person that I obferved forced from his feat, was Mr. Dallas, one of the Counfel for the prifoners; he came likewise and fat near me; the officers ftill rushed on towards the end of the Counfels' feat, and of the Solicitors' feat. At the farther end of the Counfels' feat, or near the end of it, Mr. Ferguffon was fitting, to the best of my recollection.

.

Q. Had he a stick in his hand?

A. No fick that I faw.

Q. Had you your eye upon him; and if he had, muft you have feen him?

A. He is an acquaintance of mine, and he was in his profeffional dress; and if he had, I think I could not have mistaken it: Lord Thanet was fitting upon the Solicitors' bench, almost immediately behind Mr. Ferguffon. By this time the confufion had become general, and a number of people had got upon the table, from all parts of the Court.

2. Whether, if Mr. Ferguffon had brandished a stick, or prefented it to Rivett, muft you have seen it? A. I certainly muft.

2. I need not ask you if you did fee it?

A. I did not fee it; Mr. Ferguffon had risen up, and Lord Thanet had rifen up.

2. Suppofing it poffible that a ftick had been in Mr. Ferguffon's hands, and it had efcaped your eye, do you think it poffible, from time and place, that Rivett could have wrenched it out of his hands before he attacked Lord Thanet ?

A. I do not think it poffible he could have a stick of any fort.

2. Was Lord Thanet nearer to Rivett than Mr. Ferguffon A. I think he was rather; one of the officers, but I do not know which, I do not know their perfons, preffed very rudely, as it appeared to me, upon Mr. Ferguson; I believe that Mr. Ferguson might fake his shoulder when he felt the man's hand upon it; that is all the refiftance I faw made on the part of Mr. Ferguson.

Q. What did you fee pass between these officers and Lord Thanet?

A. The first thing I obferved particularly of Lord Thanet was, that he was lying almost down upon his back upon the table, with a fmall flick or cane, which he held in both hands over his head or face, in this manner: one of the officers was ftriking him with a stick, and Lord Thanet endeavoured, with very little fuccefs, to defend himself by the use of this stick, which he held in both his hands.

QNow, before that period of which you laft spoke, did you

obferve

were preffed upon, they rofe towards the left hand fide of the prifoner, as the prifoner faced the Judges.

2. Did they go out of fight?

A. No.

Q. Did they go off that table?

A. They were not upon that table; Mr. Ferguson was upon the table afterwards, but not on the table at any time that I have yet spoke to-Lord Thanet was then lying upon the table. I am not able to fay how Lord Thanet got from that fituation; I do not know that I took particular notice of what paffed after, with refpect to Lord Thanet ; Mr. O'Connor was brought into Court, and then the riot ceafed.

2. Did you take any particular notice of Mr. Ferguffon, between the last time you have been speaking of, and the time of Mr. O'Connor being brought into Court?

A. No: I do not recollect any thing more.

2. I need not ask you if you faw Mr. Ferguffon brandish a {word?

A. No.

2. Did you fee Mr. Ferguffon after the fentence of death was paffed, go back to his old place ?

A. I did not.

2. Were your eyes fixed upon that part of the Court ? A. They were, moft particularly: I was placed in a fituation in which I could very well fee.

2. So that it was impoffible for Mr. Ferguffon to have gone backwards from his feat, without having ftruck your eye? A. I think it was impoffible.

Q. Did you fee Mr. Ferguson upon the table, before Lord Thanet was beat by Rivett?

A. I did not.

Mr. Juftice Lawrence-In what part of the Court was you? A. Under the witnefs-box; I rofe from thence, and got upon the table as other people did.

Mr. Mackintofb-Did you fee Lord Thanet or Mr. Ferguffon take any part in any thing that had the appearance of disturbance or riot?

A. No; I did not. I faw Lord Thanet defend himself; and I have stated, that I did not fee Mr. Ferguffon do any act at all, except fhaking that man's hand off his fhoulder.

2. Do

2. I understand you to fwear moft pofitively that Mr. Fe guffon never interpofed between the jailor and Mr. O'Connor 4. I do moft pofitively fwear I do not think he did, and he had, I think I must have seen it.

Cross-examined by Mr. Garrow.

2. The dock or bar, by which the Bow-street officers we placed, could only occupy five or fix perfons?

A. No more.

2. Only the jailor and the prifoners?

A. It might be three yards long, perhaps.

2. You ftated that after the fentence of death had be paffed, and Mr. O'Connor had been left upon the floor, t officer preffed forward to apprehend him-What induced y to think these were officers rufhing forwards for that purpose

A. I took them to be the perfons who had produced t warrant in Court. When they had forced themselves up to t end of the Solicitors' feat, Mr. Ferguffon faid, I think," he are two men obtruding themselves between the prisoners a the jury." Mr. Juftice Buller faid, "What are you abou fit down ;" and one of them produced a paper, faying eith that it was a warrant to take up Mr. O'Connor, or a warra upon a charge of high treafon against Mr. O'Connor, or fom thing to that effect; and therefore I fuppofed them to be Boy ftreet officers, or officers of juftice.

2. I do not know whether you happened to be prefent Court when those two witneffes were examined as witnesses prove the fact of apprehending Mr. O'Connor at Margate ?

A. I should fuppofe I was in Court, but I am not certain 2. But before the judgment of death was paffed, it is p fectly in your recollection, that one of thofe perfons had hint in Court, that they had a warrant for the purpofe of apprehen ing Mr. O'Connor ?

A. That was after the jury had returned their verdict, a before that verdict was pronounced.

2. Do you know Mr. O'Brien ?

A. I faw him the other day for the firft time in my life. 2. You did not know him at Maidstone?

A. No; I did not.

Mr. Maxwell fworn, examined by Mr. Erskine.

2. Was you in Court, at Maidstone, during any part of the trial of Mr. O'Connor and others?

A. I was, frequently.

2. Did you hear Mr. Juftice Buller pronounce fentence of death upon O'Coigly?

A. I did.

2. In what

part of the Court was you at that time? A. At that time I was immediately to the left of the wit nefs-box, rather farther from the Judge than the witness-box. 2. Was you elevated above the Court?

A. I was elevated above the table where the Counsel fat. 2. Did that elevation and pofition give you a view of that part of the Court where the Bow-ftreet officers entered, and where the Solicitors for the prifoner fat?

A. That gave me a diftinct view of that part of the Court. 2. Do you remember when Mr. Juftice Buller had finished pronouncing fentence upon Mr. O'Coigly-do you remember any perfons rufhing forwards, as if to feize Mr. O'Connor?

A. I remember fome of the Bow-ftreet officers, among whom I knew Rivett and Fugion, rushed violently to that place where Mr. O'Connor was.

2. At the time that those two perfons, Rivett and Fugion, rushed forwards in the direction you have described, did you obferve where Lord Thanet was?

A. I did; my Lord Thanet fat at that time in the Solicitors' place.

2. Did you obferve where Mr. Ferguffon was at the fame

time?

A. Mr. Ferguffon fat in his own place, where he had been as Counfel for fome time, on the bench before the Solicitors' bench.

2. Which of them was nearer to that fide of the Court where the jury-box is, and where Mr. O'Connor was?

A. I think Lord Thanet was rather, perhaps, the nearest of the two; but there was very little difference.

2. Did you fee any thing pass between Rivett the officer, and Lord Thanet ?

A. I did.

Q. Defcribe to my Lord and the fury what you farw ?

A. After Rivett had forcibly overturned and driven from their places thofe who stood between him and Mr. O'Connor, be got to Lord Thanet, who was one of the nearest. Lord Thanet, when he was preffed upon, got out of the place where he was, and went from the fcene of tumult towards the table.

2. Was that farther from the prifoners than he was before? A. Con

A. Lord Thanet never ftruck Rivett before nor after that. 2. Had you fuch a view of the fituation in which Lord Thanet was placed, and what he did, as to fwear merely to your opinion and belief, or do you swear it pofitively?

A. I had fuch a view, that I fwear it pofitively by that time I had quitted the place where I was, and got nearer to Lord Thanet and the other perfons who were ftruck.

2. Were any other perfons ftruck befides Lord Thanet ? A. I faw feveral blows given, but I cannot fay to whom, by the Bow-ftreet officers and those who followed them.

2. Do you know whether Rivett ftruck any person beside Lord Thanet ?

A. I do not pofitively know whether he ftruck any perfor

or not.

Q. But you fwear pofitively Lord Thanet did not strik Rivett at all?

A. He did not; but merely put himself in a pofture of defenc and lying back upon the table.

2. Had Lord Thanet a ftick?

A. He had a small stick, which he held up over his head t defend himself; he was leaning back upon the table, an attitud in which it would have been difficult to have acted offenfively

2. Did you fee Lord Thanet fubfequent to the time tha he was in that fituation?

A. I did.

2. You fay that the officers, and particularly Rivett, rufhe into the Court, and having paffed, one or two that were befor Lord Thanet attacked Lord Thanet; what length of tim might elapfe between Rivett firft rushing in and the time truck Lord Thanet ?

A. A very short space of time indeed.

Q. Was it poffible that before Rivett ftruck Lord Thanet could have gone within the Counfels' place, where you has defcribed Mr. Ferguson to be, and have wrefted a flick out his hand before he came to Lord Thanet?

A. Rivett did not go to take a stick out of his han for he had no fick in his hand; he did not go up to M Ferguson, but immediately went up to Lord Thanet and firu bime