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ture, that I have no wish to charge it higher upon the record.
Then, Gentlemen, I have to state this to you~When the verdict of Not Guilty was pronounced, Mr. O'Connor en. deavoured (it will be for you to decide whether or not with the co-operation of the defendants whose names occur upon this record) to get out from the place in which he stood as a prisoner, with a view to get out of Court, and for the purpose of not being answerable to some demands of justice which he, and those who were acting with him, had reason to believe would be made upon him, it he staid till he was regularly discharged.
Gentlemen, one of the defendants in this case, I mean Mra Thompson, a member of Parliament, was bound, certainly, from his situation as a subject of this country, and bound from the high situation in which he stands in the country, not to be acting in the execution of such a purpose as this Information imports: but you will find that he, together with Mr. O'Brien, had taken great pains, in the course of the afternoon, to fift from certain persons who will be called to you as witnesses, one of whom, indeed, I cannot call, because the hand of God has removed him by death, but who would have spoke of im. portant circumstances--I mean Fugion the officer ; but I think you will find very satisfactory evidence independent of that; and I should not have mentioned his name, but his name will be introduced in a very striking manner by the witnesses ; you will find that Mr. O'Brien and Mr, Thompson were, in the course of the afternoon, extremely anxious to inquire, and to know with certainty, whether there was any demand of justice upon Mr. O'Connor, fuppofing him to be acquitted of the present charge.
Gentlemen, you will hear and you will attend to the evi. dence that will be given upon that part of the case; and when the conduct of Mr. Thompson is itated to you by the persons who will relate how he acted at the moment when Mr. O'Connor first attempted to escape out of this Court, you will then confider with yourselves, whether the case is not, by that evi. dence, most completely made out against Mr. Thompson. I diftinguish him in this part of the case, because, according to the evidence which I have now to offer to you, I have no teftimony to give with respect to Mr. Thompson, as to his conduct in what I call the second riot which happened ; and I think it right to say so, that the case may be difembarrassed in the first instance, and, in the second, that I'may do him justice.
Gentlemen, you will hear what part Mr. Ferguffon took in this : and here I cannot but obferve, that it is quite impossible that I can do Mr. Fergnffon the discredit to suppose, that he could believe, after the evidence he had heard, that it was
so unfit that justice should make any
Mr. O'Connor that it was fit that he should forcibly refift the execution of that derzand if it was made. I must give him credit for his professional knowledge; I must give him credit for the accurate knowledge which he must have had
But, Gentlemen, it does not rest there; for the officer being charged to arrest Mr. O'Connor, the fact was made known to the Court; and the learned Judge who presided there, I mean Mr. Justice Builer, whose absence I cannot but lament, when I recollect that that absence is occafioned by extreme illness Mr. Justice Buller expressly stated, that the prisoners were not to be discharged; and expressly directed, that all the prisoners, except that one upon whom sentence of death was to be passed, hould be kept back for the present. This was, therefore, a distinct notice, that there was an act to be done upon
part of the Court.
Now, Gentlemen, be so good, without my entering into a de. tail of that evidence, to attend to the circumstances as to the conduct of the different defendants, during the time the learned Judge was executing the painful duty of passing the sentence of death-giving your attention also to what was the conduct of the several defendants, when this notice had been publicly given in Court, the moment that that sentence was finished; and unless I am deceived, indeed, with respect to the effect of that evidence, you will have no difficulty in coming to this conclusion, that those defendants did mean to take Mr. O'Cone nor out of the reach of the demands which it had been pube licly declared justice had upon him,
Gentlemen, I do not know how the defendants are to de. ļiver themselves from this charge ; because I will give any case to my learned Friend that he chooses to ask of me; I will suppose that he was absolutely discharged; I will admit, that, under a misconception that there was no other demand of jus. tice upon him, they supposed he ought to be liberated imine, diately under the circumstances in which he stood, and that that was a mistake, a misapprehension ; but, Gentlemen, what is to become of the justice of the country, if such an example is to be fet, that a Peer of this realm, and a learned Gentleman in my own profession, together with these other Gentlemen named in this record, shall take the justice of the country into their own hands --that you shall hear, in a Court of Justice, men saying to a prisoner, " Spring !" Another, “ Put out the lights !"--In fact, the lights were put out, and a great deal of confusion ensued, which, if it had not been met with a great deal of spirit by the witnesses who will be called to you, no man could be answerable for what might have been the serious consequences attending it; and the duty imposed upon me is this to take care of you to take care of the learned Judges-to take care of all
who have either acted in the administration of justice, or who are present with those who are acting in the administration of justice; and I should have been deeply responible if I had not instituted this prosecution, whatever inay be
upon the circumstances of the case, as a public lesson to all mankind that the Courts of Justice muit be treated with respect.
Gentlemen, I presume we shall have evidence given, and it is very fit that it should be given, whether these acts were done intentionally, or under a misconception. It may a:Imit of an explanation of that fort--with reference to which, I beg leave to call your attention to circumstances very material for that attention, when you are determining upon the character of the acts done by the defendants, and the view with which they did those acts. It will be, for instance, for Mr. Ferguson to explain what could put into the hands of a professional man a stick, with which he attempted to strike at those who were executing their duty; it will be for him to explain what was the meaning of the expressions which he used : And with re. fpect to the Noble Lord Thanet, I shall prove to yo'l, that when advice was given to him that it would be better for him, in the high and great situation which he held, to recommend a peaceable demeanour, to endeavour that the quiet of the Court should be kept, that that Noble Lord expressed himself to this effect, “ It is but fair that he should have a run for it;" and when you couple that expression as it will be proved by respectable witnesses, with his acts as they will be proved by respectable witnesses, I think you can have no doubt what was the character of the acts, and what the intention of that Noble Lord,
Gentlemen, having thus stated the circumstances, I thall proceed to call the witnefies. I ain perfectly sure that you will give that attention which is due to the public and to the de. fendants. It is not for the interests of justice, unquestionably, that any man should be convicted who ought not to be convicted ; you will hear, therefore, the evidence with as favourable an eye to the several defendants as the nature and interests of justice will permit: but, on the other hand, I am sure you will remember, that no station or rank in life ought to protect any man from the operation of law; and in truth, in a moral view, the higher the situation of men who are guilty of offences of this nature, the higher the offence' is, the more that offence calls for punishment.
EVIDENCE FOR THE CROWN.
John Stafford sworn. Mr. Law.--My Lord, I only call this witness at present, for the purpose of producing a copy of the record : I shall afterwards examine him more at large.
Q. You are clerk to Mr. Knapp, clerk of assize on the home circuit?
A. I am.
(Produces a copy of the record of the conviction of O'Coigly, and of the acquittal of O'Connor and others.) Q. Have
examined it ? A. I have. (It was read by Mr. Barlow.)
Mr. Garrow--We proposed to have troubled Mr. Justice Heath; but as he is not yet come down, we will now call Mr. Serjeant Shepherd.
Mr. Serjeant Shepherd sworn, examined by Mr. Garrow.
Q. We have collected from the record, that you were one
that occasion ? A. I did.
2. Do you remember the circumstance of the Jury, after they had retired, coming into Court to deliver their verdiat?
A. I do.
A. I am: I had feen my Lord Thanet examined as a witness on that day for Mr. O'Connor ; I did not know his person before.
2. Are you acquainted with the person of Mr. Dennis O'. Brien?
A. I am.
2. Are you acquainted with the person of Mr. Gunter Browne ?
A. I cannot say I am: I knew Mr. Gunter Browne a great many years ago : I had no recollection of its being Mr. Ğun. ter Browne--but I saw a person upon the table, after the riot was over, who was said to be Mr. Gunter Browne.
Q. Are you acquainted with Mr. Fergusson, a gentleman at the bar?
A, I am,
Q. Are you acquainted with Mr. Thompson !
Ă. I am acquainted with the person of Mr. Thompson but I do not recollect seeing Mr. Thompson at Maidstone.
2. Be so good as 'state to the Court, whether, after the Jury had given in their verdict, and judgment of death had been pronounced upon the prisoner who was convicted, you made any observation upon any of these persons; or their conduct?
A. After the Jury had given their verdiót, and indeed, I think, at the time the Jury gave their verdict, my Lord Thanet was standing before the bar at which the prisoners stood, with his back to the prisoners, and his face of course towards the Court. I am not quite sure whether my Lord Thanet was on the bench at which the folicitors for the prisoners stood, or whether there was any space between the bench and the bar ; that I could not sufficiently observe.
Mr. Garrow-It may not be improper here to state (and we shall certainly prove it), that there was no such space-I believe every body knows that the bench to which the learned Serjeant alludes, was made for the accommodation of the folia citors, and was as this may be, supposing this to be the bar, · (describing it.)
Mr. Serjeant Shepherd--My Lord Thanet ftood with his face towards the Court, and his back to the prisoners : he was rather to the right hand of O'Connor ; I don't mean upon a line with O'Connor, of course, but rather to his right hand.
Q. May I interrupt you to ask, whether the right-hand side was the side upon which the jailor was placed ?
A. I am not quite sure whether it was the fide on which the jailor was placed: it was the side on which O'Coigly, the convicted prisoner, stood ; and it was the side on which the Bow-ftreet officers afterwards endeavoured to advance,
Mr. Erskine--The fide nearest to the great ftreet of Maid. stone ?
Mr. Garrow--Certainly so, which is the side on which we all know the jailor is placed,
2. You recollect the jailor has a box on that fide next the
A. I recollect he has, and therefore it was certainly on that lide on which the jailor was placed. Mr. O'Brien stood, or fat, at that time, I don't exactly recollect which--but Mr. O'Brien was on the same line with Lord Thanet, but rather to the left hand of Mr. O'Connor. Whether there was any person between my Lord Thanet and Mr. O'Brien, I do not recollect.
Q. When I interrupted you, you was about to state fomething of the Bow-ftreet officers advancing ?
A. I think something had been said hefore the Jury brought in their verdietWhen there was an expectation that they
great street ?