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the neighbourhood of the witness-box to the table, did he not jump immediately from the table into the crowd ?
A. I cannot say whether he did or not ; but I saw him standing upon the side of the table, or fitting upon the fide of the table, till Mr. Fergusson removed him.
2. But that was near the conclųfion of the affray ? A. It was.
Q. What circumstance was it that brought you to Maid. Itone ? 5. A. Merely to be present at the trials.
Mr. Erskine. You are a gentleman possessing an estate in Şcotland ?
Q. Where were Mr. Fergusson and Lord Thanet during the time that elapfed between his leaving the bar and being brought back again?
A. Upon the table.
Q. Did the crowd coming upon them prevent you from seeing them?
A. No : I was so situated that I saw them both distinctly ; I was a great deal higher than they.
Samuel Whitbread, Esq. fworn, examined by Mr. Gibbs. Q. You was present, I believe, at the time of this trial ?
A. I was in Court the latter part of it, after I had been ex. amined as a witness. 2. In what
of the Court were you? Ă. After having been examined as a witness I retired out of the witness-box, behind, and came into the Court again.
Q. Whereabouts was you when the verdict was brought in ?
Q. Had you a perfect view of the dock in which the pri. foners were, the Solicitors' seat, and the seat where the Coun. sel sat.
A. I had certainly a view of the whole of that part of the Court.
2. Between the verdict and the sentence we understand some Bow-Street people came in and spoke of a warrant ?
A. There was some tumult, and that subsided upon Mr. Fergusson calling the attention of the Court to the cause of it. He waved his hand and spoke to them; he then turned to the Bench, and said, "My Lord,” or some such word, just to draw the attention of the Court: upon that, Rivett, whom I knew before, said he had a warrant against Mr. O'Connor, and he thought he was going to escape. · Mr. Justice Buller then said, “ Patience," or some fuch word ; and then sentence was pronounced.
Q. After sentence was pronounced, did you observe O'Con
A. I observed him put his foot upon
of the dock, and get out of the dock : having carried my eye aftet him some time, my eye returried to the bar, and there I saw Rivett violently attacking Lord Thanet; he had a stick in his hand : I did not see him strike a single blow ; I saw
blows struck at him, and he was endeavouring to ward them off. R. Did it appear to you that Lord Thanet made
attack upon Rivett to provoke this?
A. No; on the contrary, he was defending himself agains a vielent attack of Rivett's iipon him. Q. Where was Lord Thanet at the time that you
observed this? A. I think he was close to the table, leaning back
the table in the act of defending himself, with his hands up, in which I think he had a stick.
2. Did you see at this time where Mr. Fergusson was ?
A. I did not observe Mr. Fergusson at that time : before the tumult had quite subsided I observed Mr. Fergusson upon the table, not far from the judges.
2. Had you your eye upon Lord Thanet from the time you saw Rivett striking him in this way?
A. No, I had not, because there was a great deal of tumult behind, and of persons trying to get out at the door behind the Bench, and the bailiffs resisting their attempts, which engaged my attention some time.
2. Did you fee Mr. O'Brien during this time? A. I do not recollect that I did.
know Mr. O'Brien well? A. I knew him perfectly by fight.
Q. If he had been acting in this scene must you have no. ticed it?
A. In a scene of confusion many things must have cscaped the observation of every person; but I think it is more than probable that I must have seen such a person as Mr. O'Brien, if he had been active
Cross-examined by Mr. Attorney-General.
2. How long
remain at Maidstone ? A. The next morning, I think, I passed you on the road to London.
2. Mr. Attorney-General. I beg your pardon, I did not * recollcct that circumstance.
2. Previous to the officer's approaching the place where Mr. O'Connor was, had you heard that there was to be a rescue ?
A. I had not.
Richard Briulley Sheridan, El. frorn; examined by Mr.
Erskine. 2. You was subpæna'd as a witness to attend the trials at Maičitone!
d. I was.
Q. Was you in Court at the time when the Jury retired to consider of their verdict, and also when they returned with it?
A. I was.
Q. And during the remaining part of the time till the tu. mult ceased ?
A. During the whole of that time. . In what part of the Court was you when the Jury brought in their verdict?
A. Sitting with Sir Francis Burdeti in the witness-box ; that box was raised very considerably above the table, so that I had a direct view of every thing passing in the Court.
Q. Had you then an opportunity of perfectly observing the place where the Solicitors iat, and the dock where the pri. foner’s were, and the place where the Counsel were ?
A. A most perfect opportunity, without being in the least annoyed or mixed with the tumuit.
2. Do you remember the jailor laying hold of Mr. O'Con.. nor; perhaps you did not see that?
A. The firit that I observed of the tuinult was prior to the fentence being passed upon O'Coigly; I did not see Mr. O'Connor make an attempt to go, but I had observed to the High Sheriff that I fancied he would come out, for that I had obferved at the Old Bailey, that they had left the bar imme. diately upon the Jury pronouncing them not guilty. The riot then commenced, and I observed some men pressing very viou. Lently towards the box where Mr. O'Connor was ; my attention was taken up with that: Mr. Fergusson then-appealed to Court, and laid, " Here are two riotous feilows,” or something of that fort, “ disturbing the peace of the Court.” Rivert then said, “ I have a warrant to apprehend Mr.
O'Connor." Mr. Justice Buller desired him to be quiet, and then put on his cap to pass sentence, and every thing subsided.
2. After that did you observe the Bow-street-officers rulh. ing in, in the way that we have heard?
A. The first thing I saw was Mr. O'Connor getting very nimbly over the front of the dock, and going towards the narrow street, and these men rushing after him. Certainly the man who could have thrown himself most in the way of the men was Mr. O'Brien, if he had chosen to do it.
2. Are you acquainted with Mr. O'Brien ?
Q. If Mr. O'Brien had been desirous of opposing himself to the officers and prevent them from going after him, he might ?
A. He was precisely in the best situation to have done it.
2. Had you an opportunity of seeing whether he did or not ?
A. He did not, and I am sure he was not there in the fubfequent part of the tumult.
Q. Can you take upon yourself to swear positively that he gave no manner of assistance ?
2. And Mr. O'Brien had an opportunity of affording the most effential means of escape to Mr. O'Connor, if he had chosen ?
A. I think the whole idea was folly and madness, and that po assistance could have effected it.
Q. But Mr. O'Brien did the contrary?
A. Yes ; he retired behind the box, and I did not see him af. terwards. I was very attentive to the whole of it, and was making my observations with the High Sheriff, who more than once endeavoured to persuade me to leave the witness-box and endeavour to quell it. Q. Did
fee Lord Thanet at the time the officers rushed in ?
A. I did not see him till the time he was struck; I saw him ftruck.
Q. Did he return the blow, or snew any thing like activity or a disposition to activity ? i A. I saw him when he was first pressed upon. It was not a tumult merely near the dock, but the whole Court was a scene of general tumult and a scene of panic, and certainly with the leait reason--there was a turnult behind us in the witness-box; there was a general calling-out not to open the doors, fome calling out for soldiers and constables, and there did appear to me a sincere panic and apprehension that there was a planned rescue. 1 perceived plainly there was no such thing, and endeavoured
all I could to persuade them fo. The officers were beating down every body, forcing their way and pressing upon every body. Lord Thanet had a stick in his hand with which he was, parrying the blows which came amazingly quick; it seemed to me an incredible thing that he was not extremely hurt, and he never returned a blow, but retired from the scene of tumult farther into the Court away from the prisoners ; Sir Francis Burdett was with me, and by this time Mr. O'Connor was ftopped and they were bringing him back again ; he had at. tempted to go towards the gate with the wicket, and I observed every body to put up their hands and ftop him ; he might as well have attempted to get through a stone wall ; if there had been fix or eight persons there who were lo disposed, he might perhaps have got as far as the door, but he could not possibly have got farther, I then saw a person upon the table brandining Mr. O'Connor's seymetar over the heads of the people ; he seemed very much alarmed and not knowing what he was about; I am sure it must have gone very near several person's heads, it seemed quite miraculous that he did not do, some mischief; in short, it was difficult to discover whether he meant to keep the peace or break the peace. Sir Francis Burdett faw that they had collared Mr. O'Connor, was frightened, and said with great agitation to me, that they would kill O'Connor, and he jumped over the railing; he could not go from where we were without jumping upon the table, and he: ran forward ; Mr. Maxwell followed him or went at the same time; they both went towards Mr. O'Connor ; I then faw very distinctly Mr. Fergusion stop Sir Francis Burdett, and use fome action, saying, You had better keep away and not come into the tumult at all :" I could not hear what he said, but it appeared so to me.
2. Did you see Mr. Fergusson from the beginning of this scene, when fentence of death was pronouncing ?
A. I saw him plainiy in his place, after the Judge had passed sentence of death.
Q: Did you see the crowd press upon Mr. Ferguson, and did you jee him get upon the table?
A. I did not see him get upon the table ; but as the crowd pressed upon him he was forced upon the table.
Q: Did Rivett attack Lord Thunet before he could pollibly have attacked Mr. Ferguson, and wrenched a stick out of his hand ?
A. He came immediately upon Lord Thanet, when the tu. mult began.
Q. He could have had no conflict with Mr. Fergusson till after the conflict with Lord Thanet ?
A. Certainly not.