the attitude of defence, retreating from the icene of tumult, and purfued by Rivett, where was Mr. Fergufion?

A. He was in his place, and remained in his place till he was preffed upon, and then he got out of the scene of tumult upon

the table.

2. Did you fee him while he was in his feat, and did you fee him move from his feat to the table by the preffure that him?

was upon

A. 1 did.

Q. If, whilft Mr. Ferguson was in his feat, or if while he was preffed upon when he rose from his feat, if in either of these fituations he had not only had a frick but had brandished and flourished that stick, I ask, muft you have seen it or not?

A. I must have feen it; he was fo directly before me, that it is quite impoffible but I should have feen it; I CAN SWEAR THAT MR. FERGUSSON HAD NOTHING IN HIS HAND, BUT A

ROLL OF PAPER IN HIS RIGHT HAND.

2. And was in his profeffional drefs?

A. He was.

2. If Mr. Ferguffon had done any one act to encourage the tumult that was undoubtedly then existing, or done any one act inconfiftent with his duty as Counfel, or committed any one act of indecency or turbulence, muft you have seen it?

A. I muft.

2. Then let me afk you, upon your folemn oath, did he do any fuch thing?

A. He did not: on the contrary, he endeavoured to keep quiet in the Court, by admonishing the people in Court to be quiet. Mr. Ferguffon faid particularly to Rivett, when he was ftriking Lord Thanet-do you know who you are striking; that is not a perfon likely to begin a riot.

2. Did you fee where Mr. Ferguson went to after he was upon the table?

A. He got upon the table, and got farther from the scene of tumult; and I do not know whether he fat down upon the table or not; he went towards the Crown Lawyers. 2. Did you fee Sir Francis Burdett ?

A. I did. He at first ftood by me in the witness-box, and when the confufion began he got nearer to the place of confufion at the fame time that I did. I faw Mr. Ferguffon re move Sir Francis Burdett from the fcene of confufion, and put him farther from it.

2. And

Q. Do you fwear that from your own opinion and belief, from certain knowledge?

A. I fwear it pofitively from certain knowledge.

Crofs-examined by Mr. Adam.

2. You faw Rivett and Fugion preffing forward? A. I did.

2. Did you know them before?

A. I knew them from having feen them examined in Cou upon that trial.

2. Only from that circumftance?

A. Only from that circumftance.

2. During this affray you fhifted your fituation to anoth part of the Court?

A. Yes; I got upon the table.

2. And you fay you faw Sir Francis Burdett fhift b place?

A. He fhifted his place at the fame time.

2. From what part of the Court did he come?

A. From the witnefs-box; he ftood on my right hand. 2. To what part of the Court did he go?

A. He alfo went on to the table.

2. Do you mean that he remained upon the table?

A. I cannot fay whether he remained upon the table, but went there with me.

2. Did he remain on the table any confiderable time?

A. The tumult was over very foon after that.

2. The Counsel for the Crown fat immediately under t witness-box?

A. They fat on the fame fide.

2. Round the angle ?

A. Yes.

2. Therefore it was neceflary when you and Sir Fran Burdett fhifted your places, that you should go over the hea of the Counsel for the Crown, to get to the table?

4. Exactly fo; we jumped from the neighbourhood of t witness-box.

2. Do you remember when Sir Francis Burdett jumped fro

t

A. It was.

2. What circumftance was it that brought you to Maidftone?

A. Merely to be present at the trials.

Mr. Erskine. You are a gentleman poffeffing an estate in Scotland ?

A. Yes.

2. And I believe married a daughter of Mr. Bouverie ? A. Yes.

Lord Kenyon. Did you fee Mr. O'Connor go out of the dock?

A. Yes.

2. How foon was he out of your fight?

A. I do not know that he was out of my fight. 2. Do

A. Yes.

you know the fituation of the wicket?

2. Where were Mr. Ferguffon and Lord Thanet during the time that elapfed between his leaving the bar and being brought back again?

A. Upon the table.

2. Did the crowd coming upon them prevent you from feeing them?

A. No: I was fo fituated that I saw them both diftin&ly ; I was a great deal higher than they.

Samuel Whitbread, Efq. fworn, examined by Mr. Gibbs.

2. You was prefent, I believe, at the time of this trial? A. I was in Court the latter part of it, after I had been examined as a witnefs.

2. In what part

of the Court were you?

A. After having been examined as a witness I retired out of the witnefs-box, behind, and came into the Court again.

2. Whereabouts was you when the verdict was brought in ? A. Confiderably behind the witnefs-box.

2. Had you from thence a perfect view of the Court? A. Of the lower part of the Court.

2. Had you a perfect view of the dock in which the pri foners were, the Solicitors' feat, and the feat where the Counfel fat.

A. I had certainly a view of the whole of that part of the Court.

2. Between the verdict and the fentence we understand fome Bow-ftreet people came in and spoke of a warrant ?

* A. There

A. There was fome tumult, and that fubfided upon Mr. Ferguffon 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 faid, "My Lord," or fome fuch word, just to draw the attention of the Court: upon that, Rivett, whom I knew before, faid he had a warrant against Mr. O'Connor, and he thought he was going to efcape. Mr. Juftice Buller then faid, "Patience," or fome fuch word; and then fentence was pronounced.

2. After fentence was pronounced, did you obferve O'Con

nor ?

A. I obferved him put his foot upon the front part of the dock, and get out of the dock having carried my eye after him fome time, my eye returned to the bar, and there I faw Rivett violently attacking Lord Thanet; he had a ftick in his hand I did not fee him ftrike a fingle blow; I faw : many blows ftruck at him, and he was endeavouring to ward them off. Q. Did it appear to you that Lord Thanet made any attack upon Rivett to provoke this?

A. No; on the contrary, he was defending himself agains a violent attack of Rivett's upon him.

2. Where was Lord Thanet at the time that you obferved this?

A. I think he was close to the table, leaning back upon the table in the act of defending himself, with his hands up, in which I think he had a stick.

2. Did you fee at this time where Mr. Ferguffon was ?

A. I did not obferve Mr. Ferguffon at that time: before the tumult had quite fubfided I obferved Mr. Ferguffon upon the table, not far from the judges.

2. Had you your eye upon Lord Thanet from the time you faw Rivett ftriking him in this way?

A. No, I had not, because there was a great deal of tumult behind, and of perfons trying to get out at the door behind the Bench, and the bailiffs refifting their attempts, which engaged my attention fome time.

2. Did you fee Mr. O'Brien during this time?

A. I do not recollect that I did.

2. Did you know Mr. O'Brien well?

A. I knew him perfectly by fight.

2. If he had been acting in this scene must ticed it ?

A. In a fcene of confufion many things must have cfcaped the obfervation of every perfon; but I think it is more than probable that I muft have feen fuch a perfon as Mr. O'Brien, if he had been active.

Q

Cross

Cross-examined by Mr. Attorney-General.

2. How long did you remain at Maidstone?

A. The next morning, I think, I paffed you on the road to London.

2. Mr. Attorney-General. I beg your pardon, I did not ⚫ recollect that circumftance.

2. Previous to the officer's approaching the place where Mr. O'Connor was, had you heard that there was to be a refcue? A. I had not.

Richard Brinley Sheridan, Efq. fworn, examined by Mr. Erskine.

2. You was fubpoena'd as a witness to attend the trials at Maidstone ?

A. I was.

2. Was you in Court at the time when the Jury retired to confider of their verdict, and alfo when they returned with it? A. I was.

2. And during the remaining part of the time till the tumult ceased?

A. During the whole of that time.

.2. In what part of the Court was you when the Jury brought in their verdict?

A. Sitting with Sir Francis Burdet: in the witness-box that box was raised very confiderably above the table, so that I had a direct view of every thing paffing in the Court.

2. Had you then an opportunity of perfectly obferving the place where the Solicitors fat, and the dock where the prifoner's were, and the place where the Counsel were?

A. A mot perfect opportunity, without being in the least annoyed or mixed with the tumuit.

2. Do you remember the jailor laying hold of Mr. O'Connor; perhaps you did not fee that?

A. The first that I obferved of the tumult was prior to the fentence being paffed upon O'Coigly; I did not fee Mr. O'Connor make an attempt to go, but I had obferved 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 immediately upon the Jury pronouncing them not guilty. The riot then commenced, and I obferved fome men preffing very violently towards the box where Mr. O'Connor was; my attention was taken up with that: Mr. Ferguffon then appealed to the Court, and faid, "Here are two riotous fellows," or fomething of that fort, disturbing the peace of the Court." Rivett then faid, "I have a warrant to apprehend Mr. O'Connor."