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ture, that I have no wish to charge it higher upon the re cord.

Then, Gentlemen, I have to ftate this to you-When the verdict of Not Guilty was pronounced, Mr. O'Connor endeavoured (it will be for you to decide whether or not with the co-operation of the defendants whofe names occur upon this record) to get out from the place in which he stood as a prifoner, with a view to get out of Court, and for the purpose of not being anfwerable to fome demands of juftice which he, and those who were acting with him, had reason to believe would be made upon him, if he ftaid till he was regularly discharged.

Gentlemen, one of the defendants in this case, I mean Mr. Thompson, a member of Parliament, was bound, certainly, from his fituation as a fubject of this country, and bound from the high fituation in which he stands in the country, not to be acting in the execution of fuch a purpose as this Information imports but you will find that he, together with Mr. O'Brien, had taken great pains, in the courfe of the afternoon, to fift from certain perfons 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 fatisfactory evidence independent of that; and I should not have mentioned his name, but his name will be introduced in a very ftriking manner by the witnesses; you will find that Mr. O'Brien and Mr, Thompson were, in the courfe 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 prefent charge.

Gentlemen, you will hear and you will attend to the evidence that will be given upon that part of the case; and when the conduct of Mr. Thompson is stated to you by the perfons 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 cafe is not, by that evidence, most completely made out against Mr. Thompson. I diftinguish him in this part of the cafe, becaufe, according to the evidence which I have now to offer to you, I have no teftimony to give with refpect to Mr. Thompson, as to his conduct in what I call the fecond riot which happened; and I think it right to say so, that the cafe may be difembarrassed in the first instance, and, in the fecond, that I may do him justice.

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Gentlemen, you will hear what part Mr. Ferguffon took in this and here I cannot but obferve, that it is quite impoffible that I can do Mr. Ferguffon the difcredit to fuppofe, that he could believe, after the evidence he had heard, that it was

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recollect that that abfence is occafioned by extreme illnessMr. Juftice Buller exprefsly ftated, that the prifoners were not to be discharged; and exprefsly directed, that all the prisoners, except that one upon whom fentence of death was to be paffed, fhould be kept back for the prefent. This was, therefore, a diftin&t notice, that there was an act to be done upon the part of the Court.

Now, Gentlemen, be fo good, without my entering into a detail of that evidence, to attend to the circumftances as to the conduct of the different defendants, during the time the learned Judge was executing the painful duty of paffing the fentence of death-giving your attention alfo to what was the conduct of the feveral defendants, when this notice had been publicly given in Court, the moment that that fentence was finished; and unless I am deceived, indeed, with refpect to the effect of that evidence, you will have no difficulty in coming to this conclufion, that thofe defendants did mean to take Mr. O'Con nor out of the reach of the demands which it had been pub licly declared juftice had upon him,

Gentlemen, I do not know how the defendants are to deliver themselves from this charge; because I will give any cafe to my learned Friend that he chooses to ask of me; I will fuppofe that he was abfolutely discharged; I will admit, that, under a misconception that there was no other demand of juftice upon him, they fuppofed he ought to be liberated imme diately under the circumstances in which he stood, and that that was a mistake, a misapprehenfion; but, Gentlemen, what is to become of the juftice of the country, if fuch an example is to be fet, that a Peer of this realm, and a learned Gentleman in my own profeffion, together with thefe other Gentlemen named in this record, fhall take the juftice of the country into their own hands that you fhall hear, in a Court of Juftice, men saying to a prifoner, "Spring!" Another, "Put out the lights!"-In fact, the lights were put out, and a great deal of confufion enfued, which, if it had not been met with a great deal of spirit by the witneffes who will be called to you, no man could be answerable for what might have been the ferious confequences attending it and the duty impofed upon me is this to take care of you to take care of the learned Judges-to take care of all

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Gentlemen, I prefume we shall have evidence given, and it very fit that it should be given, whether these acts were done intentionally, or under a mifconception. It may admit of an explanation of that fort-with reference to which, I beg leave to call your attention to circumftances 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 thofe acts. It will be, for instance, for Mr. Ferguffon to explain what could put into the hands of a profeffional man a ftick, with which he attempted to ftrike at thofe who were executing their duty; it will be for him to explain what was the meaning of the expreffions which he ufed: And with refpect to the Noble Lord Thanet, I fhall prove to you, that when advice was given to him that it would be better for him, in the high and great fituation which he held, to recommend a peaceable demeanour, to endeavour that the quiet of the Court fhould be kept, that that Noble Lord expreffed himself to this effect," It is but fair that he should have a run for it ;" and when you couple that expreffion as it will be proved by refpectable witneffes, with his acts as they will be proved by refpectable witneffes, 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 ftated the circumstances, I shall proceed to call the witneffes. I am perfectly fure that you will give that attention which is due to the public and to the defendants. It is not for the interefts of juftice, unquestionably, that any man fhould be convicted who ought not to be convicted; you will hear, therefore, the evidence with as favourable an eye to the feveral defendants as the nature and interests of juftice will permit: but, on the other hand, I am fure 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 fituation of men who are guilty of of fences of this nature, the higher the offence is, the more that offence calls for punishment.

EVIDENCE

2. You are clerk to Mr. Knapp, clerk of affize 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.)

2. Have you examined it ?

A. I have.

(It was read by Mr. Barlow.)

Mr. Garrow-We proposed to have troubled Mr. Juftice Heath; but as he is not yet come down, we will now call Mr. Serjeant Shepherd.

Mr. Serjeant Shepherd fworn, examined by Mr. Garrow.

2. We have collected from the record, that you were one of the Commiffioners appointed to try certain perfons at Maidtone?

A. I was.

2. Did you attend upon the Bench upon that occafion?

A. I did.

2. Do you remember the circumftance of the Jury, after they had retired, coming into Court to deliver their verdict? A. I do.

2. Are you acquainted with the perfon of my Lord Thanet? A. I am: I had feen my Lord Thanet examined as a witnefs on that day for Mr. O'Connor; I did not know his perfon

before.

2. Are you acquainted with the perfon of Mr. Dennis O'Brien?

A. I am.

2. Are you acquainted with the perfon of Mr. Gunter Browne?

A. I cannot fay I am: I knew Mr. Gunter Browne a great many years ago I had no recollection of its being Mr. Gunter Browne-but I faw a perfon upon the table, after the riot was over, who was faid to be Mr. Gunter Browne.

2. Are you acquainted with Mr. Ferguffon, a gentleman at the bar?

A. I am.

made any obfervation upon any of these persons, or their conduct?

A. After the Jury had given their verdict, and indeed, I think, at the time the Jury gave their verdict, my Lord Thanet was ftanding before the bar at which the prifoners ftood, with his back to the prisoners, and his face of course towards the Court. I am not quite fure whether my Lord Thanet was on the bench at which the folicitors for the prifoners ftood, or whether there was any fpace between the bench and the bar ; that I could not fufficiently obferve.

Mr. Garrow-It may not be improper here to ftate (and we fhall certainly prove it), that there was no fuch space-I believe every body knows that the bench to which the learned Serjeant alludes, was made for the accommodation of the foli. citors, and was as this may be, fuppofing this to be the bar, (defcribing 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.

2. May I interrupt you to afk, whether the right-hand fide was the fide upon which the jailor was placed?

A. I am not quite fure whether it was the fide on which the jailor was placed: it was the fide on which O'Coigly, the convicted prifoner, stood; and it was the fide on which the Bow-ftreet officers afterwards endeavoured to advance.

Mr. Erskine The fide nearest to the great ftreet of Maidftone?

Mr. Garrow-Certainly fo, which is the fide on which we all know the jailor is placed.

2. You recollect the jailor has a box on that fide next the great street?

A. I recollect he has, and therefore it was certainly on that fide 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 fame line with Lord Thanet, but rather to the left hand of Mr. O'Connor. Whether there was any perfon between my Lord Thanet and Mr. O'Brien, I do not recollect.

2. When I interrupted you, you was about to state some thing of the Bow-ftreet officers advancing?

A. I think fomething had been faid before the Jury brought in their verdict. When there was an expectation that they

were

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