taught to confider as equally facred with the obligation of an oath, and am ready to confirm by my oath if I am permitted to do fo, that I never did any one act but what was strictly in defence of my perfon. It is not at all unlikely, that, in fuch a fcene of confufion, I might have pushed others, who preffed against me, to fave myfelf from being thrown down; but I moft folemnly deny that I lifted my hand or ftick offenfively, or used any kind of violence to any perfon. I declare upon my word of honour, that I knew nothing of the existence of a warrant to detain Mr. O'Connor, until I heard it from Mr. Plummer; and that, even then, it never entered into my mind that it was to be ferved upon him in the Court, until fome perfon called out that he had a warrant. I declare upon my word of honour, that the obstruction which the officers met with on the feat where I fat, was perfectly unintentional on my part, and was folely owing to the fituation I was in :that I did nothing offenfively, but, on the contrary, was violently attacked and affaulted; and that I retired from the scene of confufion as foon as I was able. And, finally, I do most folemnly declare upon my word of honour, that I did not concert with any person the rescue of Mr. O'Connor, by violence, or by any other means whatsoever; that I had no idea of doing it alone; and that I was not privy to any confultation of other perfons, either for the purpofe of refcuing Mr. O'Connor out of the cuftody of the Court, or of preventing the execution of the warrant. As I hold myself bound to ftate fairly, not only what I did, but what I faid, as far as it is in my power to recollect what paffed, with the agitation of fuch a tumult on my mind, I acknowledge that fome words may have escaped me, which I ought not to have fpoken. I am charged with having faid, "that I thought "it fair that he should have a run for it." I will not difpute about the exact words. I confefs they were extremely inconfiderate. Some allowance, however, I think, may be made for the instant feelings of a man fo ill-treated as I had been. My Lords, I am not fanguine enough to expect any immediate advantage from thefe declarations. I know they will not avail me against the Verdict: but the truth of them will not be fufpected by those who know me; and hereafter, when all the circumftances of this tranfaction fhall be coolly re-confidered, I am confident they will have weight with the Public. "My Lord, I have an affidavit prepared, if your Lordship will accept of it." LORD KENYON.-To the fame effect? LORD KENYON.-We cannot here receive an affidavit, againit against the verdict of a Jury: but I believe it may be ordered to be filed; I believe there is no objection to that. MR. ERSKINE..I believe there is not, my Lord. It was ordered to be filed.* * AFFIDAVIT. Mr. The Defendant the Earl of THANET maketh Oath, and faith; That he attended at the Special Commiffion held at Maidstone, in the county of Kent, for the Trial of Arthur O'Connor, Efq. and others, for High Treafon, in confequence of a Subpoena ferved upon him, to give evidence on behalf of the faid Arthur O'Connor, and which was the fole excufe of his attending at the faid trial; and he faith,' that after he had given his evidence, he retired from the Court, and had no intention of returning thereto, till he was particularly preffed to be present to hear the defence of the Counsel for the Prifoners, merely as a matter of attention and countenance to the faid Arthur O'Connor, who was his acquaintance; and he further faith, that at that time he had no knowledge whatever of the exiftence of any warrant against the faid Arthur O'Connor, nor of any intention of fecuring his perfon, if he fhould be acquitted on the indictment. And this Deponent further faith, that he fat in the place which Mr. Dallas had left, when he went to a more convenient one for the purpose of addreffing the Jury; and that whilft he was fitting there, he for the first time heard from Mr. Plummer, that he had reafon to believe there was a warrant to detain Mr. O'Connor; and this Deponent further faith, that on the verdict's being pronounced, he ftept into the Solicitors' feat to fhake hands with Mr. O'Connor, which he did without even fpeaking to him, and without any other motive than that of congratulating him as a friend on his acquittal, at which time many others were coming to the fame place where this Deponent was; that upon a call for order and filence from the Bench, or from one of the officers of the Court, he immediately fat down on the feat under that part of the dock where Mr. O'Connor flood, and at that period a flight confufion arofe from feveral perfons attempting to get towards Mr. O'Connor, one of whom faid he had a warrant to apprehend him, for which he appeared to be reprimanded by the Hon. Sir Francis Buller, in a few words which this Deponent did not difinaly hear. And this Deponent further faith, that at the moment the Judge had paffed fentence of death on O'Coigly, the most violent pushing began on the feat on which he fat (this Deponent not obferving that Mr. O'Connor was attempting to get away), and he continued fitting in his place till feveral perfons on the fame feat were ftruck, and amongst whom he believes was Mr. Gunter Browne, whom he never before or fince had feen to his knowledge; and from that moment this Deponent began to feel the danger he was in, the tumult about him increafing fo rapidly that he was unable to get over the railing before him; that however he flood up, and ufed all the efforts in his power to go towards the Judges as a place of fafety; but he was inftantly pushed down on the table, when a man, whom he has fince found was John Rivett, ftruck at him several times with a flick, which blows he warded off as well as he was able with a finall walking flick, the faid Rivett charging this Deponent, as he ftruck at him, with ftriking him firft, which this Deponent denied, calling out at the fame time as loud as he could, that he had not ftruck him. And this Deponent further faith, that he never did, during the faid disturbance, any one act, but what was ftrictly in the defence of his perfon, though he admits that he might have pufhed feveral perfons that pufhed against him, to prevent his being thrown down, but that he did not lift hand or stick, I gladly, however, avail myfelf of the privilege of addreffing your Lordships, because it enables me thus publicly to fay, that, whatever be the political opinions which fome may choose to ascribe to me,--whatever be those which I do in fact entertain, opinions which I believe to be strictly confonant to the best principles of the law and conftitution of my country; -but whatever be those opinions,-whatever, even, my Lord, be the appearances against me, ftanding where I now do,-ftill I can with truth and fincerity declare, that there is no man who hears me, who is more deeply impreffed with a fenfe of the refpect which is due to the adminiftration of Juftice, of the strict obedience which should be paid to the proceedings of its Courts, and of the honour and reverence which fhould 'ever attend the perfons of its Judges. Weak, indeed, must be the opinions, or wicked must be the views, of that man who wishes to degrade the authority of the Law; for, without it, not one of the bleffings of fociety can have fecurity for one moment. My Lords, or use any violence whatsoever, to the faid John Rivett, or any other perfon. And this Deponent pofitively faith, that he was not privy to, or acquainted with, the existence of any warrant to detain the faid Arthur O'Connor, until he heard of fuch warrant from Mr. Plumer, as before fet forth. And that it never entered into his mind that it was to be ferved upon him in Court, until the perfon before mentioned called out that he had a warrant. And this Deponent farther faith, that the obftruction the officer met with on the feat on which this Deponent fat, was perfectly unintentional on his part, and folely owing to the unfortunate fituation in which he had accidently placed himself, as the feat was fo narrow that it was with great difficulty any perfon could pass that way. And this Deponent further faith, that he did nothing with intention to offend the Court, or any other perfon; but, on the contrary, he was violently attacked and affaulted; and that he retired from the scene of confufion as foon as he was able. And this Deponent farther faith, that he doth moft folemnly upon his oath declare, that he had not confulted, concerted, or advised with any other perfon, or perfons whomfoever, to favour the escape of the faid Arthur O'Connor, either by violence, or any other means whatsoever; and that he had no idea of doing it alone; and that he was not privy to the confultation or agreement of any other perfon or perfons, either for the purpose of rescuing the faid Arthur O'Connor out of the cuftody he then was in, or preventing the execution of any other warrant upon him. THANET. Lords, I can fafely acquit myself of this part of the charge, because my reafon, as well as my confcience, tells me, it is the laft offence I am capable of committing. I appear, however, before your Lordships, to receive that judgment which your duty calls upon you to pronounce, in confequence of the verdict of a Jury.-That verdict I do not mean to arraign: it was given on contradictory evidence, the value and balance of which it was the peculiar province of the Jury to weigh and to decide. But if your Lordships' long practice in Courts of Juftice fhall have fhewn you the fallibility of human teftimony,—if it fhall have fhewn you, ftill more, the fallibility of human judgment founded upon human teftimony, I hope I may meet with your indulgence, if I here make a folemn declaration of that, with refpect to which I alone cannot be mistaken. My Lords, upon the occafion which has given rife to these proceedings, I was of Counfel for one of the prisoners who was tried at Maidstone. I was feated in the place which was allotted for the Counfel for the prifoners; and being wholly engaged in the discharge of my duty, I folemnly aver, that whatever might be the previous confultations or converfations of others, with refpect to the practicability or impracticability of a rescue, I never had even heard the rumour that a fresh warrant was in existence, until after the Jury had retired to confider of their verdict. It was not till after they had fo retired, and very fhortly before they returned into Court, that I learned that circumftance. I was in my place, feated where I had been during the greater part of the day, at the moment when the verdict was delivered; and I do moft folemnly aver, that from that moment until I was preffed upon by the crowd, I did not ftir from that feat. I do farther declare, that when I was forced upon the table, I used no violence to any one; that the whole of my endeavours went to allay the ferment, and to remove thofe of my friends whom I loved and regarded, from the scene of disturbance, in order that they might not be implicated in any charge that might afterwards be brought against those who were the authors of it. I can therefore fay, in the prefence of this Court, and under the eyes of my countrymen-that which, in the name of my God, I have already fworn-that I am innocent of this charge. Here Mr. Ferguson put in an Affidavit, which he had previously fworn.* * AFFIDAVIT. Mr. ROBRRT FERGUSSON, of Lincoln's Inn, Efq. one of the faid De fendants, maketh Oath, and saith, that he was of Counsel affigned by the Count My Lords, I owe it to the Noble Peer who stands before me, and I owe it to the Learned Gentleman who has been bred to my own profeffion, and I owe it to myself and to the public, to declare to your Lordships, that no inducement could have perfuaded me to inftitute this profecution, but a conviction, produced by that evidence which was laid before me, that the Noble Lord and the other Defendant were juftly implicated in the charge. My Lords, I am very far from faying, that fuch a fpecies of information as fully juftifies and makes it my bounden duty to inftitute a profecution, is always, therefore, that species of information upon which a verdict is due from the Country against the Defendants. It was my bufinefs to inftitute the inquiry; Court for John Allen, one of the Prifoners indicted with Arthur O'Connor, for High Treafon, at a Special Seffion held at Maidstone in May laft, and that as fuch Counsel he was employed in Court during the whole of the day, in the night of which the riot charged in the information took place; he faith that he neither knew or had heard of any frefh warrant against the faid Arthur O'Connor, until the Jury had gone to confider of their verdict, and very fhortly before they returned to deliver it. And this Deponent further faith, that he was in the place allotted to him as Counfel, when the Jury returned into Court with their verdict; and that about that time he complained to the Court of the interruption which was given to its proceedings by the violence of a perfon who was preffing forward between the Prifoners and the Court; and that upon the complaint of this Deponent, Mr. Juftice Buller ordered the faid perfon to be quiet. And this Deponent further faith, that from the time when the Jury returned with their verdict, until after fentence was pronounced and the diflurbance began, the said Deponent remained in his place as Counsel, and did not leave it until compelled by the violence of thofe who preffed upon him from the bench behind. And this Deponent farther faith, that when forced upon the table, he ufed no violence to any one, but ufed every means in his power to allay the ferment, and fave the Earl of THANET from the blows of John Rivett, without offering any violence to the faid John Rivett. And this Deponent farther faith, that he had not, during any part of the difturbance, any ftick, fword, or other weapon in his hand, and that he did not use or offer violence to any one. And this Deponent farther faith, that he neither attempted to refcue the faid Arthur O'Connor, not did he at any time agree with others to attempt fuch rèfcue, nor was he in any way aiding or aflifting, nor did he at any time agree with others to aid or affift the faid Arthur O'Connor, in any attempt to be 'made by him to efcape. Sworn in Court the 3d day of May 1799, ROBERT FERGUSSON. |