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Q: Were you at Maidstone, at the trials of Mr. O'Connor and Mr. O'Coigly?
A. I was.
2. Were you there at the time the Jury were out deliberating upon their verdict ?
A. Part of the time.
Q. Were you in Court at the time they returned with their verdict ?
A. I was.
2. Do you remember seeing Lord Thanet in Court at thae time?
A. I saw Lord Thanet in Court.
A. At that immediate period of time, I cannot expressly fav in what
part; I saw Lord Thanet in two different parts of the Court.
Q. In what part of the Court did you first fee Lord Thanet ?
1. The firit time when he came to give his evidence, and the next time at the table fronting the Judges, and afierwards sitting under the bar at which the prisoners stood.
2. Upon a bench, with his back to the prisoners ? Ā. With his back to the prisoners,
you remember seeing the Bow-street officers there? A. I saw a person who, I was informed afterwards, was a Bow-street officer: I did not know, at that period, that he was a Bow-street officer.
2. Do you recollect the Jury delivering their verdict? A. I do.
2. Can you ftate, to my Lord and the Court, any thing that struck your attention upon the Jury delivering their verdict of Not Guilty with respect to Mr. O'Connor?
A. After the Jury returned their verdict of Not Guilty, I obferved Mr. O'Connor make a feint to get over the bar; he put up his foot as if he would get over.
2. Did you observe any thing more pass at that time?
À, I cannot speak expressly as to the direct period of time at which I saw the circumstance happen ; whether it was at: that period, or a future period, I must say that I cannot imme. diately recollect.
2. What was that circumstance?
A. That the Earl of Thanet was in that situation which I before mentioned, fitting with his back towards the bar, nearly under the prisoners, or under the jailor, and as the person was presling forward from that side of the Court to get towards the prisoners.
Lord Kenyon-What person?
A. I cannot say who the person was ; I was informed afterwards he was a Bow-itreet officer: and, indeed, from the circumstance of his mentioning to the Jury what was the mat
fer-he said he had a warrant to apprehend Mr. O'ConnorI supposed him to be a peace-officer.
Mr. Adam--Then, as this person, who held a paper in his hand, and pressed forward
A. I saw no paper in his hand; Lord Thanet seemed to press bimself againf ihe bar with his body inclined somewhat towards that person, apparently with an intention to interrupt his progress towards the prisoner.
Q: In what situation was Mr. O'Connor at that time? 1. Mr. O'Connor, at that period, was standing at the bar. 2. Go on, and state what you saw after this?
4. Upon my word, from the confusion that was in the Court, I do not recollect any particular circumstance that I can take upon me to speak to.
Lord Romney sworn, examined by Mr. Wond.
2. Was your Lordship in Court at the time of the trials of the prisoners at Maidstone ?
A. I did not know Mr. Ferguson before the trials at Maid. ftone: I had seen him so often then, that I knew him in his gown; if I was to see him out of his gown, I do not know that I should know him--I knew him perfectly in his gown.
2. After the riot began, what did your Lordihip obferve?
A. When the riot first began, I looked very much towards the prisoner O'Connor, and saw him get over the bar, and go towards the narrow street. I looked at the other part of the Court, where there were individuals forcing a passage through, which were the Bow-ftreet officers ; I saw them forcing their way, and blows were ftruck. I paid particular attention to Mr. O'Connor, and then, almost at the same moment, turned my eyes to a different part upon the table, where there was a fword brandishing about: I don't know whether it was drawn or not, for I could not see at that time ; but I should imagine it was drawn: upon which I thought things seemed to bear a very serious aspect, and I let myself down from the bench where I was sitting, and crossed the table directly to where I saw the prisoner escaping from. I dipped my head under the broad sword that was brandishing about : I got immediately to the end of the table, near that part of the Court where the prisoner escaped from ; and as soon as I got there, I immediately saw the prisoner O'Connor brought back to that part of the table by several javelin-men and others. I then immediately said to the javelin-nen, “ Form yourselves round the prisoner, and let no one approach you, or let no one come
round you," or words to that effect; “ for he is not yet," I meant to say, and imagine I did say, “ discharged." I was told afterwards that I had said wrong--for I had said, he was not acquitted; upon which I answered, I might very possibly make use of the word acquitted; but, if I did, it was a mistake; I meant discharged.
Mr. Garrow--Will your Lordship mention who it was that faid that ?
A. I think it was Mr. Fergusson : he said, “ My Lord, you are mistaken ; you said, ' he is not acquitted'—he is acquitted.” I think it was Mr. Ferguson. I had no doubt myself, as Mr. Ferguflon mentioned it, but that I did make use of the word acquitted, in the hurry; I have no doubt of it: it was not my intention to say he was not acquitted, but that he was not discharged; I meant to make use of the word that I heard Mr. Justice Buller make use of from the bench.
Mr. Wood-Does your Lordship recollect whether the Court had faid any thing, before that, about his not being dir. charged ?
A. Yes; and I meant to make use of the word discharged, because I had heard Mr. Jufice Buller use the word discharged.
2. Publicly in Court ?
H. Yes: I had no private communication with Mr. Justice Buller at all, because Mr. Justice Lawrence sat between us.
I. Did your Lordship notice any particular persons that were acting in the riot ?
4. Really I felt myself so engaged in a thing of this sort, and I should have been so inuch hurt if, in the confusion, any disgrace had been brought upon a Court of Judicature generally, and for myself in my situation in the county of Kent in particular, that I did not take fuch notice of the circumstances that were taking place, as I did to take care, with others, to prevent a rescue, which I should have considered an indelible disgrace and stain upon our county. I certainly could not say who it was in the passage that was ftruck by ihe Bow-street officers ; for when I looked to that part, the confusion was very great, and the blows very frequent in that part.
2. Did your Lordship hear any conversation between Lord Thanet and Mr. Juftice Lawrence, after Mr. O'Connor was secured?
A. It is really a very considerable time since the riot; and, at the same time, as many different things were going on at that moment, I cannot positively swear; and therefore, unless I was perfectly convinced, it can be of no consequence.
Lord Kenyon-It is my duty, and I am bound, to say, your Lordship must recollect as well as you can?
A. If your Lordship will give me leave to say, that at this distance of time, ten or eleven months, I really cannot swear
whether I heard it at the time, or whether it was a con. versation afterwards, that such and such things had passed; and therefore, as I cannot answer positively, I must, for myself, beg leave to decline answering it. I certainly had forgot it; and some time past, three or four months ago,
after considering with myself, I thought I did recollect something of such a con. versation pafling: but it certainly had for some time flipped my memory; and therefore, without I could absolutely ascertain it, I cannot speak to it; there was a great deal of confusion.
Cross-examined by Mr. Gibbs.
had been informed by some one, chat you had said he was not acquitted ; and then you corrected yourself, and said you meant to say discharged.
A. I have no doubt but that, in directing my speech to somebody in the hurry of the business, I said he was not acquitted.
Q: There was but one person that said that ?
A. Mr. Fergusson said it repeatedly; and then I said, “ I meant to have said discharged-m if I had said acquitted, it was a mistake;" and then Mr. Plumer came up, and I toid him that Mr. Fergusson had said so.
Lord Kenyon--There can be no occasion to go into all that conversation.
Mr. Gibbs-All I wish to have the honour of asking your Lordihip is this— There was a person who said to yo:r Lordsnip, “ You have said he is not acquitted ;” and then you corrected yourself?
A. Yes; and that person, to the best of my knowledge and belief, was Mr. Ferguson ; and I told Mr. Piurner that Mr. Fergusson had said it repeatedly : three or four might have repeared it in the confusion of the Court; I could not distinguish voices.
Sir John Mitford sworn, examined by Mr. Fielding.
A. You mean after the Jury had withdrawn, I suppose ?
A. I went up 10 Mr. Justice Buller, and spoke to him ; and then I placed inyeit immediately under him, opposite to Mr. O'Connor, upon
who n I kept my eye fixed when the Jury came into Court änd gave their verdict. I observed Mr. O'Con. nor and Mr. Ferguson; I particularly fixed my eyes upon them. I obfervid Mr. Ferguson jpeaking to Mr. O'Connor, and Mr. O'Connor put his leg over the bar: I called out, “ Stop him." Mr. Ferguson said, “ He is discharged.” !
said, “ He is not discharged." Mr. Ferguson then addreffed Mr. O'Connor, and said, “ You are discharged." I repeated, “ He is not discharged,” I believe more than once. I observed the jailor leaning over towards Mr. O'Connor, and I think he took hold of him.
Mr. Garrow--The other prisoners were between the jailor and Mr. O'Connor, were they?
A. Two of them were, and the other two behind Mr. Binns and Mr. O'Coigly; and then Mr. Allen and Mr. Leary were behind. Then Mr. O'Connor drew back his leg: there was then a disturbance immediately under Mr. O'Connor, and some person or persons presling forward, and Mr. Fergusson made fome complaint to the Court upon the subject; then Rivett the officer, who appeared to be the perfon pressing forward, said
Mr. Fielding-When you say pressing forward, in what kind of direction was that pressure?
A. Towards Mr. O'Connor.
Q. That was not forward towards the body of the Court, but towards Mr. O'Connor?
A. It was towards the body of the Court, in order to get to Mr. O'Connor, and place himself under Mr. O'Connor, as I conceived. Rivett said he had got a warrant against Mr. O'Connor; and the jailor also said something upon the same subject, but I do not recollect the particular words ; and Mr. Justice Buller spoke to the officers, as I understood, to keep the prisoners back, or some expression of that description, and then almost instantly began addresling Mr. O'Coigly.
Lord Kenyon--With a view to pass the fentence?
A. With a view to pass the sentence. I recollect that this was almost instantaneous; because I was about to speak to the Court--and it was so sudden, that I thought it was indecent to interrupt Mr. Justice Buller, otherwise I thould have spoken to the Court.
Mr. Garrow Mr. Attorney Geneneral had retired from the Court ?
A. He had retired from the Court, and had desired me to speak to Mr. Justice Buller upon the subject, which I had done after Mr. Justice Baller had passed sentence upon Mr. O'Coigly. I fixed my eye particularly upon Mr. O'Connor, and I observed Mr. Ferguljon, and some other persons whom I did not know, encouraging Mr. O'Connor to go over the bar. Mr. O'Connor appeared for a little while to hesitate, but it was only for a moment: he then sprung over the bar, and leaped into the lower part of the Court, between the bar and the jury-box, which was on the right hand of the Judges. From that time I did not see Mr. O'Connor until he was brought back by the officers ; for at the same instant that Mr. O'Connor jumped over the bar, three or four persons whom I did not know, leaped over from the box opposite the jury-box upon the table.