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Q. If he had been upon the table flourishing and waving a stick, in the manner that has been described, in his bar dress, must you not have seen it?
A. Yes : it must have been a most remarkable thing, indeed, for a Counsel in his bar dress to have a stick flourishing in his hand---HE HAD A ROLL OF PAPER IN HIS HAND.
Q. Does that enable you to fwear that Mr. Ferguson was not in that situation?
&. Do you think if he had taken such a part in the riot, in the presence of the Judges, that you must have observed it ?
A. I must have observed it.
Q. Did Lord Thanet or Mr. Ferguson ever go nearer to Mr. O'Connor after he had jumped out of the dock, or did not Lord Thanet and Mr. Ferguilon retire farther from the scene of tumult :
A. They certainly did :-Upon fome farther conversation I got over this place myself, and went down, and the first thing I did was to speak to the man with the sword. I told him I thought he with his sword made half the riot himself; and he put it away. I passed Lord Thanet, who was so far from staying 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 persuade them that there was no such thing as an attempt to rescue O'Connor; and a man that had hold of him, who knew me, said there was; and added, these fellows are come down from London ; they are Corresponding Society people, and they are come down on purpose to rescue him. One person, in particular, called to them not to believe me, and I laid hold of him, and said he should go with me to Mr. Justice Buller : I insited upon his name and address, 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 passed him going up to the Judges ; and Mr. Fergusson remained with me, defiring them not to treat Mr. O'Connor fo, and generaliy 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. Q. You faw Lord Thanet distinctly from the time he was struck!
A. I do not mean with the stick ;-I corrected that by saying, from the time he was assaulted and driven from the feat he was in at first. Q. Can
you take upon you to say whether he gave a blow before he was struck ?
A. I said from the time he was pressed upon or assaulted ?
Q. You say 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 ?
Á. I did not hear him, certainly.
Q. I will ask you, Whether you do or not believe that Lord 'Thanet and Mr. Fergusson 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. Fergusson, or either of them, meant to favour Mr. O'Connor's escape, upon your solemn 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 standing there, and been asked whether I Thould have pushed or stood aside, I should have had no objection to answer that question.
2. My question is, Whether, from what you saw of the conduct of Lord Thanet and Mr. Fergusson, 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 Counsel does, that I am upon my oath ; and I will say that I faw nothing that could be auxiliary to that escape.
Q. After what has passed, I am warranted in reminding the Honourable Gentleman that he is upon his oath-My question is, Whether from the couduct of Lord Thanet ar Mr. Fergusson, or either of thein, as it fell under your observation, you believe that either of them meant to favour O'Connor's escape ?
A. I desire to know how far I am obliged to answer that question ? I certainly will answer it in this way, that from what they did, being a mere observer of what passed, I should not think myself justified in saying that either of them did Am I to say whether I think they would have been glad if he had escaped ? that is what you are pressing me for.
Q. No man can misunderstand me; I ask, Whether, from the conduct of Lord Thanet or Mr. Fergusson, or either of them, as it fell under your obfervation, you believe upon your path that they meant to favour the escape of O'Connor?
A. I repeat it again, that from what either of them did, I should have had no right to conclude that they were persons aslifting the escape of O'Connor,
I ask you again, Whether you believe, from the con: duct of Lord Thanet or Mr. Fergusson, or either of them, upon your oath, that they did not mean to favour the escape of O'Connor!
A. I have answered it already.
Lord Kenyon—If you do not answer it, to be sure we must draw the natural inference.
Mr. Sheridan-I have no doubt that they wished he might escape ; but from any thing I saw them do, I have no right to conclude that they did.
Mr. Law I will have an . answer :-I ask you again, Whether, from their conduct, as it fell under your observation, jou do not believe they meant to favour the escape of O'Coni
A. If the Learned Gentleman thinks he can entrap me, he will find himself mistaken.
Mr. Erskine--- It is hardly a legal question.
Mr. Law...I will repeat the question, Whether, from their conduct, as it fell under your observation, you do not believe they meant to favour the escape of O'Connor ?
A. My belief is that they wished him to escape ; but from any thing I saw of their conduct upon that occision, I am not juftified in saying so.
2. I will ask you, Whether it was not previously intended that he should esc pe if possible ?
A. Certainly me contrary,
2. Nor had you any intimation that it was intended to be attempted?
A. Certainly the contrary. There was a loose rumour of another warrart, and that it was meant that he should be arrested again, which was afterwards contradicted. Then the question was nooted whether the writ could be issued before he was dismised from custody ? Certainly there was no idea of ue. There was no friend of Mr. O'Connor's, I believe, but saw with regret any attempt on his part to leave the Court.
Q. From whom did you learn that there was such a warrant ?
A. It was a general rumour.
said that the Defendants were very blame. able ; Lord Tha rét, Mr. Fergusson, or any of them ?
A. Certainly not.
A. Certainly never.
Mr. Erskine--- You were asked by Mr. Law, whether you believed that the Defendants wished, or meant, to favour the escape of Mr. O'Connor ; I ask you, after what you
have Sworn, whether you believe these Gentlemen did any att ta rescue Mr. O'Connor?
A. Certainly not; and I have stated upon my oath, that every man in the narrow gate-way endeavoured to stop him : I remarked it particularly ; because, there being a common feeling among Englisimen, and he being acquitted, I thought they might form a plan to let him escape.
2. You have stated that you saw no one act done or comnitted by any one of the Defendants, indicative of an intention to aid O'Connor's escape ?
THEY DID TAKE ANY PART IN RESCUING MR. O'Connor?
A. CERTAINLY NOT.
End of the Evidence for the Defendants.
Gentlemen of the JURY,
Ąr this late hour of the day, I do not think that the duty which I owe the public can require me to detain you any considerable time in reply to the observations of my Learned Friend.
Gentlemen, my Learned Friend has addressed you with great ability; and unquestionably with great but guarded zeal, on behalf of his clients ;-this his duty called upon
aim to do; for certainly the best exertion of his great abilities was due to them. On the other hand, your attention is now to be occu. pied by a person who must address you upon principles which forbid him to have any zeal upon the subject..
The Attorney-General of the country, as i appears to me, has a public duty to execute, in reference to which be ought to conceive, that he has properly executed that duty, if he has brought a fit and proper accusation before a Jury, and has proseeded to the length of honestly and fairly examining the fe.
Neral circumstances given in evidence in support of, and in answer to, that accusation : always recollecting that the Jury will finally hear, from that wisdom which cannot mislead them, the true inferences that will arise upon facts that have been given in evidence on both sides. They will hear it from a person unquestionably less prejudiced than I can be (though I have endeavoured as much as possible to guard myself against any prejudice), because it belongs to the mind of man to be influenced by circumstances, which one's duty as a prosecutor obliges one to look at a little anxiously.
Gentlemen, Having been charged with the duty of laying this important case before you, I have not the least doubt but you will discharge the duty which is now imposed upon you with a full and conscientious regard to justice; and I dismiss here all the observations my Learned Friend has made upon the high rank and situation of Lord Thanet, upon the respectable situation in his profession of Mr. Ferguson, and of the situation of Mr. O'Brien ; because it is quite enough for according to my sense of duty, to say this, that, as a Jury sworn to make a true deliverance, you are not to convict any of them, whatever rank or situation belongs to them, unless you are conscientiously satisfied that they are guilty. You will deliver the fame verdict that you would between the King and Defendants of any other defcription.
Gentlemen, What has fallen from the last witness obliges me to take the character of the proceeding which gives rise to the cause, from his friend; who, when he was addressing you, in the course of this afternoon, said, and truly said, that such a proceeding in a Court of Justice, which the last witness reprefented as an idle panic, most loudly called for the interposition of the law. That witness may have represented those transactions, as I have no doubt he did, as it seemed just to him to represent them. Certainly I was not personally present ; but I was within hearing, and I can fay that that Gentleman is a man of stronger nerves than any other man in this country, if the representation he has given of this scene is a true one. By a true one, I do not mean that it is not one that the Gentleman believes to be true; but the evidence of Mr. Justice Heath gives it a character which I believe every inan in the county of Kent who was present would give it, namely, that it was a proceeding utterly inconsistent with the Afe ad miniftration of justice ; that it was attended with a degree of indecency and tumult that was never witnessed in a Court of Justice before, and I trust never will be witnessed in a Court of Justice again.
Gentleinen, Having no anxiety about the fate of this or any other cause, except so far as it is fit for me to hare an anxiety founded upon the public interests, whenever this caufe comes to