O'Connor." Mr. Juftice Buller defired him to be quiet, and then put on his cap to pafs fentence, and every thing fubfided. 2. After that did you obferve the Bow-ftreet-officers rushing in, in the way that we have heard?

A. The first thing I faw was Mr. O'Connor getting very nimbly over the front of the dock, and going towards the narrow street, and these men rufhing after him. Certainly the man who could have thrown himself most in the way of the men was Mr. O'Brien, if he had chofen to do it.

2. Are you acquainted with Mr. O'Brien ?

A. I know him intimately.

2. Is he a strong man ?

A. Certainly he is.

2. If Mr. O'Brien had been defirous of oppofing himself to the officers and prevent them from going after him, he might ? A. He was precifely in the best fituation to have done it. 2. Had you an opportunity of seeing whether he did or

not?

A. He did not, and I am fure he was not there in the fubfequent part of the tumult.

2. Can you take upon yourself to fwear pofitively that he gave no manner of affiftance?

A. Pofitively.

2. And Mr. O'Brien had an opportunity of affording the moft effential means of escape to Mr. O'Connor, if he had

chofen ?

A. I think the whole idea was folly and madness, and that no affiftance 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 perfuade me to leave the witness-box and endeavour to quell it.

in?

2. Did you

fee Lord Thanet at the time the officers rushed

A. I did not fee him till the time he was ftruck; I faw him ftruck.

2. Did he return the blow, or fhew any thing like activity or a disposition to activity?

It was not a

A. I faw him when he was first preffed upon. 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 reafon--there was a tumult behind us in the witnefs-box; there was a general calling-out not to open the doors, fome calling out for foldiers and conftables, and there did appear to me a fincere panic and apprehenfion that there was a planned rescue. I perceived plainly there was no fuch thing, and endeavoured

all

all I could to perfuade them fo. The officers were beating down every body, forcing their way and preffing upon every body. Lord Thanet had a stick in his hand with which he was parrying the blows which came amazingly quick; it feemed 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 prifoners; Sir Francis Burdett was with me, and by this time Mr. O'Connor was ftopped and they were bringing him back again; he had attempted to go towards the gate with the wicket, and I obferved 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 perfons there who were fo disposed, he might perhaps have got as far as the door, but he could not poffibly have got farther. I then faw a person upon the table brandishing Mr. O'Connor's fcymetar over the heads of the people; he feemed very much alarmed and not knowing what he was about; I am fure it must have gone very near feveral perfon's heads, it feemed quite miraculous that he did not do fome mifchief; in fhort, 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 faid 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 fame time; they both went towards Mr. O'Connor; I then faw very diftinctly Mr. Ferguffon ftop Sir Francis Burdett, and ufe fome action, faying, "You had better keep away and not come into the tumult at all" I could not hear what he said, but it appeared fo to me.

2. Did you fee Mr. Ferguffon from the beginning of this fcene, when fentence of death was pronouncing?

A. I faw him plainly in his place, after the Judge had paffed fentence of death.

Q. Did you fee the crowd prefs upon Mr. Ferguson, and did you fee him get upon the table?

A. I did not fee him get upon the table; but as the crowd preffed upon him he was forced upon the table.

Q. Did Rivett attack Lord Thanet before he could pofibly have attacked Mr. Ferguson, and wrenched a stick out of his band?

A. He came immediately upon Lord Thanet, when the tumult began.

2. He could have had no conflict with Mr. Ferguffon till after the conflict with Lord Thanet ?

A. Certainly not.

2. Do you know Mr. Ferguffon ?

A. Per

A. Certainly.

2. Do you think if he had taken fuch a part in the riot, in the prefence of the Judges, that you must have obferved it? A. I must have obferved it.

2. Did Lord Thanet or Mr. Ferguffon ever go nearer to Mr. O'Connor after he had jumped out of the dock, or did not Lord Thanet and Mr. Ferguífon retire farther from the scene of tumult ?

A. They certainly did :-Upon fome farther converfation I got over this place myself, and went down, and the first thing I did was to speak to the man with the fword. I told him I thought he with his sword made half the riot himself; and he put it away. I paffed Lord Thanet, who was fo far from ftaying in the riot, that he went towards the Judges, as if he was going to make a complaint. I then went into the riot, and endeavoured to perfuade them that there was no fuch thing as an attempt to refcue O'Connor; and a man that had hold of him, who knew me, faid there was; and added, thefe fellows are come down from London; they are Correfponding Society people, and they are come down on purpose to rescue him. One perfon, in particular, called to them not to believe me, and I laid hold of him, and faid he fhould go with me to Mr. Justice Buller; I infifted upon his name and addrefs, and he would not give it me. I then turned to the Judges, and he ran away. So far was Lord Thanet from going towards the wicket, that I paffed him going up to the Judges; and Mr. Ferguffon remained with me, defiring them not to treat Mr. O'Connor fo, and generally endeavouring to quiet them: the only moment they were out of my eye was while I was getting over this place.

Cross-examined by Mr. Law.

2. You faw Lord Thanet diftinctly from the time he was ftruck?

A. I do not mean with the stick ;-I corrected that by faying, from the time he was affaulted and driven from the feat he was in at first.

2. Can you take upon you to fay whether he gave a blow before he was ftruck?

A. I faid from the time he was preffed upon or affaulted?

2. You fay you saw Lord Thanet going towards the Judges, as if he was going to complain, Did you hear him make any complaint to the Judges?

A. I did not hear him, certainly.

2. I will ask you, Whether you do or not believe that Lord 'Thanet and Mr. Ferguffon meant to favour O'Connor's escape, upon your oath ?

A. Am I to give an answer to a question which amounts merely to opinion?

2. I alk, as an inference from their conduct, as it fell under your obfervation, Whether you think Lord Thanet or Mr. Ferguffon, or either of them, meant to favour Mr. O'Connor's escape, upon your folemn oath ?

A. Upon my folemn oath I faw them do nothing that could be at all auxiliary to an escape.

2. That is not an answer to my question?

A. I do not wish to be understood to blink any question; and if I had been ftanding there, and been asked whether I should have pushed or stood afide, I should have had no objection to answer that question.

2. My question is, Whether, from what you faw of the conduct of Lord Thanet and Mr. Ferguffon, they did not mean to favour the escape of O'Connor, upon your folemn oath?

A. The Learned Counsel need not remind me that I am upon my oath, I know as well as the Learned Counfel does, that I am upon my oath; and I will fay that I faw nothing that could be auxiliary to that escape.

2. After what has paffed, I am warranted in reminding the Honourable Gentleman that he is upon his oath-My question is, Whether from the couduct of Lord Thanet or Mr. Ferguffon, or either of them, as it fell under your obfervation, you believe that either of them meant to favour O'Connor's efcape?

A. I defire to know how far I am obliged to answer that queftion? I certainly will anfwer it in this way, that from what they did, being a mere obferver of what paffed, I fhould not think myfelf juftified in faying that either of them didAm I to fay whether I think they would have been glad if he had escaped? that is what you are preffing me for.

2. No man can misunderstand me; I afk, Whether, from the conduct of Lord Thanet or Mr. Ferguffon, or either of them, as it fell under your obfervation, you believe upon your oath that they meant to favour the escape of O'Connor ?

A. I repeat it again, that from what either of them did, I fhould have had no right to conclude that they were perfons aflifting the escape of O'Connor.

2. 1

efcape; but from any thing I faw them do, I have no righ to conclude that they did.

Mr. Law-I will have an answer:-I afk you again Whether, from their conduct, as it fell under your obfervation you do not believe they meant to favour the escape of O'Con nor?

A. If the Learned Gentleman thinks he can entrap me, h will find himself mistaken.

Mr. Erskine---It is hardly a legal queftion.

Lord Kenyon-I think it is not an illegal queftion.

Mr. Law...I will repeat the question, Whether. from thei conduct, as it fell under your obfervation, you do not believ they meant to favour the escape of O'Connor ?

A. My belier is that they wished him to efcape; but from any thing I faw of their conduct upon that occafion, I am no juftified in saying so.

2. I will ask you, Whether it was not previously intended that he fhould efc pe if poffible?

A. Certainly the contrary.

2. Nor had you any intimation that it was intended to be attempted?

A. Certainly the contrary. There was a loofe rumour o another warrart, and that it was meant that he should be ar refted again, which was afterwards contradicted. Then the queftion was nooted whether the writ could be iffued before he was difmifed from cuftody? Certainly there was no idea of a refcue. There was no friend of Mr. O'Connor's, I be. lieve, but faw with regret any attempt on his part to leave the Court.

2. From whom did you learn that there was such a war.

rant ?

A. It was a general rumour.

2. From whom had you heard this rumour?

A. I believe from Sir Francis Burdett; but I cannot tell. 2. At what ime was that?

A. About four or five o'clock.

2. Have you ever faid that the Defendants were very blame

able; Lord Tha jet, Mr. Ferguffon, or any of them?

A. Certainly not.

2. At no time fince ?