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were coming, something had been said about the Bow-street officers being there. There was a sort of noise or buzz in Court; and somebody said, I don't know who, that the Bow. ftreet officers were making a noise. In consequence of that it was that I observed one of the officers, I think Rivett-it was either Fugion or Rivett; I am not quite sure that I recollect the person of one from the other
2. You had seen them and heard them give evidence ?
A. I had, and I rather think it was Rivett, who I observed standing at the corner of the bar; and they were desired to be quiet--not particularly the Bow-ftreet officers, but the Court desired that every body would be quiet ; and they were quiet ; and the Jury then brought in their verdict. When the Jury pronounced their verdict of Not Guilty upon Mr. O'Connor, some person, but whom I don't recollect, said, “ Then they are discharged ;” other persons fitting round the table said, “ No, they are not discharged ;” and at that time Mr. O'Connor, I think, had raised his knee to the bar, as if to get over : whether he was pushed back, or pulled back, I don't know but he was restored to his former position behind the bar. A question was put to the Court, by somebody-whether by the prisoners, or the counsel for the prisoners, or by-standers, I cannot tell—but some one said, “ Are they not discharged, my
“ Have they not a right to be discharged ?" or some such terms. Mr. Justice Buller, I think, faid, “ No, they are not to be discharged yet ; put the other prisoners back, and let O'Coigly stand forward;" I don't pledge myself for the exact words, but certainly to that effect.
2. I will trouble you to repeat that, according to the best of your recollection?
A. “ Put the other prisoners back, and let O'Coigly (who was the convicted prisoner) Itand forward.” I should have told your Lordship, that when it was asked, " whether they were not to be discharged,” before the riot, if I may
so speak, began, one of the Bow-ftreet officers, I think, got up upon
the bench, or form I should rather say, and said, “ No, my Lord, I have a warrant against Mr. O'Connor;" whether he added for Treasen, or for High Treason, I do not recollect. It was immediately upon the officer's faying that, that Mr. Justice Buller said, “ They are not discharged " I don't mean, in answer to that; but he said as a direction of the Court, “ They are not discharged ; put the others back, and let O'Coigly stand for
2. I would ask you, whether that form upon which the officer raised himself to address the Court, was near the place where, as you before described, the Bow-street officers were, before the bar, and near Lord Thanet ? A. Certainly; he fet his foot upon the end of the form before
Lord ?" or,
which Lord Thanet stood, with certainly, I think, the interval of three or four persons.
Q. Was that expression of the officer's addressed audibly to the Court ?
A. Certainly ; I heard it most distinctly, and, I think, every one must have heard it.
Q. Did he produce a paper ?
A. Yes; he said, “ No, my Lord, they are not to be discharged; I have a warrant againit Mr. O'Connor ;” and he certainly extended his hand with a paper in it.
Q. After that direction had been given by the Court which you have stated, what then pafled ?
A. Mr. Justice Buller proceeded to pronounce fentence upon the prisoner O'Coigly. During the first part of the time that he was pronouncing sentence, my attention was particularly attracted to O'Coigly the prisoner-I was looking at him, and attending to him.
Q. The form of the sentence was introduced by a prefatory address ?
A. Yes. During the former part of it, my attention was directed to him. Towards the conclusion of the sentence, I think just as Mr. Justice Buller came to that part of the fen. tence which pronounces the specific punishinent, I observed Lord Thanet and Mr. O'Brien standing in the fame position as they had stood before, and I observed Mr. O'Brien turn round, and look up at Mr. O'Connor--I wish, my Lord, here only to state what I saw, and not what my conjecture struction was upon it.
2. I may take the liberty, however, of asking you, whether what you faw made an impression upon your mind ? What that impreslion was, I shall not alk.
A. It did: he looked up at Mr. O'Connor, and then looked down to the place before him, which cannot be so well ex. pressed in words as by an imitation of the manner; he looked down with a very light motion, certainly an inclination of his head. Lord Thanet was standing with his back against the bar, behind which Mr. O'Connor stood. I can describe it no other way than standing square as I do now. I did not see Lord Thanet make use of any motion or gesture, at that time, certainly. The moment the last word of the sentence had been pronounced by Mr. Juftice Buller, the initant he had finished, Mr. O'Connor raifed himself upon the bar: he jumped with his left foot upon the bar; he put his hand upon the shoulder 02 Mr. O'Brien, and, I think, his right upon Lord Thanet's shoulder, jumped over the bar between Lord Thanet and Mr. O'Brien, passed Mr. O'Brien towards the door of the Court, which was on that fide next the small street of Maidstone 2. That is, from the Bow-ftreet officers ?
A. Yes : 6
A. Yes; then I lost sight of Mr. O'Connor. Whilst Mr. O'Connor was getting over the bar, which, though it takes some space to describe, was done almost in an instant, the Bow. ftreet officers were pressing, endeavouring to get towards him, for the purpose of stopping him, I suppose.
Q. That is, in the narrow pass between the back of the seat for the counsel for the prisoners, and the bench that was made for the accommodation of their solicitors ?
A. Yes. Lord Thanet certainly stood in the position in which I had observed him. There was a great noise, of course, took place at that time, at the moment that Mr. O'Connor was getting over the bar; and some people calling to stop him, there was a great noise certainly. Lord Thanet stood, in the way that I have described to your Lordship, in the pass : the officers were endeavouring to press by him; and he stood till, I think, in a very short space of time, he held up his stick with both his hands over his head. There was then a great deal of confusion : persons got upon the table; and there was a prefs, in the narrow pass, of officers and persons from that side of the Court, attempting to press towards the door to which O'Connor had rushed ; and oiher persons, whom I cannot say, appearing to me to push the other way, as if to prevent them from palling. I saw sticks raised, and fifts raised, by indi. viduals ; but who did so, I cannot speak to. There became then a general confusion in that part of the Court, so that I lost sight of particular individuals : the candles were some of them thrown down; they were upon the table; and there was a general riot and confusion, certainly, in that part of the Court, and in moft other parts of the Court : at that time a great number of persons had got upon the table, and there was certainly a great deal of confusion. In a very short time, somebody called
out, “ O'Connor is stopped ;' and he was brought back again to the bar. I should state to your Lordship, tha*, just at the time that I loft fight of Lord Thanet, and of the particular individuals, a person had got upon the table, which drew off my attention from what was going on at the bar, and had drawn a fabre which was lying there.
Q. That was part of the baggage of Mr. O'Connor, which had been produced upon the triai? A. It was.
He drew that fabre, and placed himself between the Judges and the part of the Court where the confusion was, obviously to prevent any persons from advancing towards the Judges --if I may use the phrase, to defend the judges. I did not at that time see the face of the person who had it; and therefore I had some apprehension it might be in the hands of some imprudent man, who inight do mischief: if I had known who it was, I should have known that he had discretion enough not to misuse it.
[ 20 ] 2. It was Mr. Stafford, the witness-o-was it not? A. Yes, I said to him, not seeing his face, “ Don't ftrike," When I saw who it was, I was fatistied. After the riot had ceased, a number of persons got upon the table towards the Judges--some to ask questions upon the subject of the legality of this warrant; and others, whether the prisoners were not entitled to their discharge ; and others, certainly, to allay the fervor that seemed to be at that time operating upon the minds of many persons who were in Court to restore order, in fact; I should, perhaps, use that phrase. The particular conversations and expressions that were used by any of those persons upon the table, I cannot pledge myself to recollect.
Q. I will take the liberty of asing you, I believe you was at a distance from the learned Judge, Mr. Justice Lawrence ?
A. I was: Mr. Justice Heath and Mr. Justice Buller both sat between me and Mr. Justice Lawrence ? & Therefore I would ak
an oppor. tunity of hearing any particular conversation addressed to the learned Judge who is now present ?
A. No: I think I remember Mr, Sheridan speaking to Mr. Justice Buller, or Mr. Justice Heath, or both; and I remember Lord Thanet being upon the table after Mr. O'Connor was brought back, apparently to me conversing with the learned Judge, Mr. Juitice Lawrence,
Q. What he faid, you did not hear?
A. I did not; for at that time there was a great deal of noise in the Court,
2. Was it after that, that you observed Mr. Sheridan talk. ing with the learned Judge ?
A. I think it was: the object of Mr. Sheridan seemed to be to allay the tumult; and then he crossed the table, and conversed with the learned Judges,
2. After the direction which you have stated to have been given by the Court, and after the sentence of death had been paffed, was any order given by the Court for the discharge of Mr. O'Connor, or any intimation that he was to be dil, charged ?
A. Certainly not; but it was broadly expressed by the Court that he was not to be discharged.
Cross-examined by Mr. Erskine.
Q. I have very few questions indeed to put to you.
You state, that when the verdict of Not Guilty had been pronounced, fome persons, but whom you do not know, seemed to inquire, as if for information, whether the prisoners were to be disa charged or not?
Ă. Not quite so—not to inquire; but some persons exclaim. ed, " Then they are discharged,"
Q. Who those persons were, you do not know?
Q: You say that you observed Lord Thanet standing fronting the Court, as I am now fronting the Court ?
A. Yes, certainly.
Q. He was in that position when the Jury came in with their verdict ?
A. I think so.
Q. You have observed that Mr. O'Brien looked round to Mr. O'Connor, and then looked down as you have described it: Did Lord Thanet continue all that time in the faine
A. The time when Mr. O'Brien looked round, was a very short time before Mr. O'Connor jumped over the bar : f:om that tiine, certainly, Lord Thanet had continued in the same pofition, standing as I described.
Q. While the learned Judge was passing sentence of death upon O'Coigly, did Lord Thanet still continue in the faine position ?
A. Certainly he did.
2. He was standing, as you observed, not looking this way towards the jury-box, or that way towards the narrow street, but he was looking towards the Court ?
A. Certainly; he had his back against the bar, and looking directly towards the Court.
Q. You then describe, that upon the officers coming in, and pressing through this narrow place, the next that you saw of Lord "Thance was with a stick with both his hands up?
A. Yes : I did not mean that the officers came in then, but that they had come in some time before having declared that they had a warrant; but, certainly, upon Mr. O'Connor jumping over the bar, the officers rushed forward to follow him; after they had made several pushes it was that I saw Lord Thanet in that position.
Q. Did you ever observe any change in the position of Lord Thanet, from the time you first saw him, till you saw him in the situation you have now described to the Court?
A. I did not observe any change,
A. Yes; and, perhaps, I should say this it seemed to me, when he held it in that way, that it was to defend his head.
Rev. William Husey sworn, examined by Mr. Adam.
Q. I believe you are a clergyman of the Church of England ?
À. I am.