2. 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.

2. Were you in Court at the time they returned with their verdict?

A. I was.

2. Do you remember feeing Lord Thanet in Court at that time?

A. I faw Lord Thanet in Court.

2. In what part of the Court was you placed?

A. At that immediate period of time, I cannot exprefsly fay in what part; I faw Lord Thanet in two different parts of the Court.

2. In what part of the Court did you firft fee Lord Thanet ? A. The first time when he came to give his evidence, and the next time at the table fronting the Judges, and afterwards fitting under the bar at which the prifoners flood.

2. Upon a bench, with his back to the prifoners? A. With his back to the prifoners.

2. Do you remember feeing the Bow-ftreet officers there? A. I faw a perfon who, I was informed afterwards, was a Bow-street officer: I did not know, at that period, that he was a Bow-ftreet 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 ftruck your attention upon the Jury delivering their verdict of Not Guilty with refpect 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 obferve any thing more pass at that time?

A. I cannot fpeak exprefsly as to the direct period of time at which I faw the circumftance happen; whether it was at that period, or a future period, I muit fay that I cannot imme. diately recollect.

2. What was that circumftance?

A. That the Earl of Thanet was in that fituation which I before mentioned, fitting with his back towards the bar, nearly under the prisoners, or under the jailor, and as the person was preffing forward from that fide of the Court to get towards the prifoners.

Lord Kenyon-What perfon?

A. I cannot fay who the perfon was; I was informed afterwards he was a Bow-ftreet officer: and, indeed, from the circumftance of his mentioning to the Jury what was the mat

ter

A. Mr. O'Connor, at that period, was ftanding at the bar. 2. Go on, and ftate what you faw after this?

A. Upon my word, from the confufion that was in the Court, I do not recollect any particular circumstance that I can take upon me to speak to.

Lord Romney favorn, examined by Mr. Wond.

2. Was your Lordship in Court at the time of the trials of the prifoners at Maidstone?

A. Yes.

2. In what part of the Court did your Lordship fit? A. Next to Mr. Juftice Lawrence, upon the bench.

2. Does your Lordship know the defendant Mr. Ferguffon? A. I did not know Mr. Ferguffon before the trials at Maidftone: I had seen him so often then, that I knew him in his gown; if I was to fee him out of his gown, I do not know that I fhould know him--I knew him perfectly in his

gown.

2. After the riot began, what did your Lordship obferve? A. When the riot firft began, I looked very much towards the prifoner O'Connor, and faw 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 paffage through, which were the Bow-ftreet officers; I faw them forcing their way, and blows were ftruck. I paid particular attention to Mr. O'Connor, and then, almoft at the fame 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 fee at that time; but I fhould imagine it was drawn upon which I thought things feemed to bear a very ferious afpect, and I let myfelf down from the bench where I was fitting, and croffed the table directly to where I faw the prifoner efcaping from. I dipped my head under the broad fword that was brandishing about: I got immediately to the end of the table, near that part of the Court where the prifoner efcaped from; and as foon as I got there, I immediately faw the prifoner O'Connor brought back to that part of the table by feveral javelin-men and others. I then immediately faid to the javelin-men, "Form yourselves round the prifoner, and let no one approach you, or let no one come

round

Mr. Garrow-Will your Lordship mention who it was that faid that?

A. I think it was Mr. Ferguffon: he faid, "My Lord, you are miftaken; you faid, he is not acquitted' he is acquitted." I think it was Mr. Ferguffon. I had no doubt myself, as Mr. Ferguflon mentioned it, but that I did make ufe of the word acquitted, in the hurry; I have no doubt of it: it was not my intention to fay he was not acquitted, but that he was not difcharged; I meant to make ufe of the word that I heard Mr. Juftice Buller make ufe of from the bench.

Mr. Wood-Does your Lordship recollect whether the Court had faid any thing, before that, about his not being dif charged?

A. Yes; and I meant to make ufe of the word discharged, because I had heard Mr. Juftice Buller ufe the word dif charged.

2. Publicly in Court?

A. Yes: I had no private communication with Mr. Justice Buller at all, because Mr. Juftice Lawrence fat between us. 2. Did your Lordship notice any particular perfons that were acting in the riot?

A. Really I felt myself fo engaged in a thing of this fort, and I fhould have been fo much hurt if, in the confufion, any difgrace had been brought upon a Court of Judicature generally, and for myfelf in my fituation 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 refcue, which I fhould have confidered an indelible difgrace and stain upon our county. I certainly could not say who it was in the paffage that was ftruck by the Bow-ftreet officers; for when I looked to that part, the confufion was very great, and the blows very frequent in that part.

2. Did your Lordship hear any converfation between Lord Thanet and Mr. Juftice Lawrence, after Mr. O'Connor was fecured?

A. It is really a very confiderable time fince the riot; and, at the fame time, as many different things were going on at that moment, I cannot pofitively fwear; and therefore, unless I was perfectly convinced, it can be of no confequence.

Lord Kenyon-It is my duty, and I am bound, to fay, your Lordship muft recollect as well as you can?

A. If your Lordship will give me leave to fay, that at this diftance of time, ten or eleven months, I really cannot fwear

whether

6

whether I heard it at the time, or whether it was a converfation afterwards, that fuch and fuch things had paffed; and therefore, as I cannot answer pofitively, I muft, for myself, beg leave to decline anfwering it. I certainly had forgot it; and fome time paft, three or four months ago, after confidering with myself, I thought I did recollect fomething of fuch a converfation paffing: but it certainly had for fome time flipped my memory; and therefore, without I could abfolutely afcertain it, I cannot speak to it; there was a great deal of confufion.

Cross-examined by Mr. Gibbs.

2. You fay, you intended to say that the prisoner had not been difcharged; but you had been informed by fome one, that you had faid he was not acquitted; and then you corrected yourself, and faid you meant to fay difcharged.

A. I have no doubt but that, in directing my fpeech to fomebody in the hurry of the business, I faid he was not acquitted.

2. There was but one person that said that?

A. Mr. Ferguffon faid it repeatedly; and then I faid, “ I meant to have faid discharged-if I had faid acquitted, it was a mistake;" and then Mr. Plumer came up, and I toid him that Mr. Ferguffon had faid fo.

Lord Kenyon-There can be no occafion to go into all that converfation.

Mr. Gibbs-All I wish to have the honour of asking your Lordihip is this-There was a person who faid to your Lordfhip, "You have faid he is not acquitted;" and then you corrected yourself?

A. Yes; and that person, to the best of my knowledge and belief, was Mr. Fergullon; and I told Mr. Plumer that Mr. Ferguffon had faid it repeatedly three or four might have repeated it in the confufion of the Court; I could not distinguith voices.

Sir John Mitford fworn, examined by Mr. Fielding.

2. Have the goodne's to defcribe what was your particular fituation in the Court at Maidstone ?

A. You mean after the Jury had withdrawn, I fuppofe? 2. If you plenfe.

A. I went up to Mr. Juftice Buller, and spoke to him; and then I placed myfeif immediately under him, opposite to Mr. O'Connor, upon whom I kept my eye fixed when the Jury came into Court and gave their verdict. I obferved Mr. O'Connor and Mr. Ferguson; I particularly fixed my eyes upon 1 obferved Mr. Ferguijon jpeaking to Mr. O'Connor, and Mr. O'Connor put his leg over the bar: I called out, "Stop him." Mr. Ferguson faid, "He is difcharged." I

them.

E

faid,

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 fome perfon or perfons preffing forward, and Mr. Ferguffon made fome complaint to the Court upon the fubject; then Rivett the officer, who appeared to be the perfon preffing forward, faid

Mr. Fielding-When you fay preffing forward, in what kind of direction was that preflure?

A. Towards Mr. O'Connor.

2. 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 faid he had got a warrant against Mr. O'Connor; and the jailor alfo faid fomething upon the fame fubject, but I do not recollect the particular words; and Mr. Juftice Buller fpoke to the officers, as I understood, to keep the prifoners back, or fome expreffion of that defcription, and then almoft inftantly began addreffing Mr. O'Coigly.

Lord Kenyon-With a view to pass the sentence?

A. With a view to pafs the fentence. I recollect that this was almoft inftantaneous; because I was about to fpeak to the Court and it was fo fudden, that I thought it was indecent to interrupt Mr. Juftice Buller, otherwise I should have spoken to the Court.

Mr. Garrow-Mr. Attorney Geneneral had retired from the Court?

A. He had retired from the Court, and had defired me to fpeak to Mr. Juftice Buller upon the subject, which I had done after Mr. Juftice Buller had paffed fentence upon Mr. O'Coigly. I fixed my eye particularly upon Mr. O'Connor, and I obferved Mr. Ferguson, and fome other perfons whom I did not know, encouraging Mr. O'Connor to go over the bar. Mr. O’Con nor appeared for a little while to hesitate, but it was only for a moment: he then fprung 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 fee Mr. O'Connor until he was brought back by the officers; for at the fame inftant that Mr. O'Connor jumped over the bar, three or four perfons whom I did not know, leaped over from the box oppofite, the jury-box upon the table.