[ocr errors]

Mr. Garrow-Was that box the box where the witnesfes had been examined ?

A. Where the witnesses had been examined, and where persons who attended the trial through curiosity had been. They went to the spot where the riot was, and jumped amongst the rioters : all the lights, except those before the Judges, and the lights which hung in the middle of the Court in a kind of branch or chandelier“I do not recollect exactly what sort of a thing it was; it gave a considerable light-but all the other lights were extinguished. Mr. Garrow--The chandelier that hung over the prisoners ?

A. In the middle of the Court : there were, I think, three patent lamps in it-it gave a great deal of light. Mr. Fer. gufon, at the moment that Mr. O'Connor jumped over the bar, turned himself round, and appeared to me to follow Mr. O'Connor; but I cannot positively say that he did so, because the persons who rushed from the other side of the Court came between me and him ; but I recollent that when they were paft I did not see him. I then attended to the prisoner O'Coigly, apprehensive that he might escape ; and that at. tracted my attention in some degree from what was pating in the riot: he was perfectly tranquil; and I was convinced, from his behaviour, that he did not mean to stir; and therefore my attention was drawn back again to the riot. Mr. Knapp's clerk, Mr. Stafford, jumped upon the table, and drew M O'Connor's sword-a kind of broad sword, I think--which was lying upon the table; and he flourished it over the heads of the persons who were engaged in the riot below. I got up to speak to him, to defire him to put up the sword, which, after some time, he did ; and soon after Mr. O'Connor was brought back. Mr. Stafford being between me and the rioters, prevented me from seeing what passed after the riot

I do not recollect any thing material, except Lord Thanet; that is, a person whom I understood to be Lord Thanet. I did not know Lord Thanet's perfon ; that is, I did not recollect him: I had seen himn many years ago. I saw a person, who I understood to be Lord Thanet, come across the table; and I saw him in conversation with Mr. Justice Law.

that conversation was a little warm, but I aid not hear the particulars of it. When my Lord I hanet left Mr. Justice Lawrence, and went across the table again, I heard him jay, I thought it was fur he should have a run for it."

Q. Was that addretied to the Judge in parting from him and going across the table ?

A. I think it was not addressed to the Judge, but as he turned from the Judge: he said it rather in a tone of anger; ! think it was in conjequence of what had fallen from Mr. Juftice Lawrence, which I did not exactly hear.“I do not recol. lect any thing else.


was over.

rence :

Mr. Fielding--Will you have the goodness to explain what you meant by encouraging Mr. O'Connor to get over the bar ?

A. It was not immediately encouragement, by any words that I could hear; but by action, as if he was encouraging him to come over the bar, and by inlifting that he was difcharged.

Cross-examined by Mr. Beft. Q. While Mr. Fergulfon was speaking to Mr. O'Connor, he was in his place at the bar?

A. He was.

Q. There was a vast number of other persons at the same time speaking to Mr. O'Connor?

A. Yes.

2. I believe it was generally understood in the Court at phat time, that Mr. O'Connor would be acquitted ?

A. I do not know whether they were congratulating him ; it was after he was acquitted. Q. You say he was in his place at the bar : do you

recollect ever seeing him quit his place at the bar ?

A. I have already said, I think he did : I have already stated, I am not positive as to the time, but that I did not see him when the rush that passed between me and Mr. O'Connor was made.

Mr. Juftice Heath sworn, examined by Mr. Attorney General.

2. Your Lordship, I believe, was one of the Commissioners of Oyer and Terminer at Maidstone ?

A. I was.
Q. Did your Lordship observe any riot that took place.

A. I did; and if you will give me leave, I will state all that I observed. I was applied to, in the course of the day, by a meffenger from the Secretary of State, who informed me that a warrant was issued for the apprehension of Mr. O'Connor in cafe he should be acquitted, and desiring to know if the the Court would permit him to execute that warrant if he should be acquitted ; and we gave leave. After the verdict had been given, and, I believe, after sentence of death had passed, this messenger very unadvisedly went from that corner of the box where the prisoners were confined, to that corner which was near the door, and said aloud, "My Lord, may I now execute my warrant ?" Presently after, I saw Mr. O'Connor thrust one leg over the box, and then draw it back again : afterwards, in the space of a minute, I saw him leap over the box. I could not see any person between him and the door at that moment : immediately a great fcuffie and a riot ensued, and a great deal of fighting, such as I nerer faw before in a Court of Justice; it appeared to me to be between the constables with their staves


on one side, and those who favoured the escape of O'Connor on the other. I know not from whence the favourers of Mr. O'Connor came; it being dark, I could not see exactly the mumber of the combatanis; it was dark in that place where they were fighting : but, from the exertion of the contables in plying their itaves, it seemed to me that there must have been ten or twenty, I suppose, all fighting together. I saw a man with a naked fabre, brandishing it over the heads of the combatants; one of the officers of the Court, I believe, canie up to me with a brace of piitols, which, I believe, belonged to Mr. O'Connor, and lay upon the council-cable, saying, "I have fecured these at lait." This combai, I suppose, might last five, fix, or seven minutes ; I cannot exactly fay how long : But, in the course of it, I saw Mr. Ferguljon standing upon the table, together with many others; he turned round towards the Coma millioners, and said, I believe particularly addresing ninelf to

My Lords, the constables are the persons that are the ricters; they are the occafion of it," or words to that effe£t. Before I could


him an answer, he turned round again towards the combatants; it was impullible, from the noise, for him to hear any thing I could say to him: my attention was chiefly turned from him to the more interesting scene of the fight; but I must do him the justice to jay, that, in the very short time I saw him, which was not above a minute or so, I did not observe him jay or do any thing to encourage the riot. I thought myself in g cat danger, and that we were all fo. I could not guess ar the view of the rioters, how far it extended, or whether they had any and what arms ; indeed we were more alarmned, because we had intelligence before-hand, that there „Was a very difaffected party in the town.---That is all I have to say.


Charles Abbott, - Esquire, f-worn, examined by Mr. Lacó. 2. Was you in Court when the Jury brought in their verdict?

A. I was.

Q. Did you observe any motion made by Mr. O'Connor towards quitting the bar ?

A. I do recollect that Mr. O'Connor made a motion with his body as if he would leave the bar. Mr. Fergulin, almost at the jame instant, said, He is discharged.Mr. Solicitor General then called across the table, No, stop him, he is not discharged.Just at the fa ne instant, one of the officers, either Rivett or Fug on, but I cannot say which, got upon the form and pressed forward towards Mr. O'Connor, and at the same zime said he had a warrant; there was then a little confusion for a short space of time, but not very long; the prisoners refumed their places, and Mr. Justice Buller proceeded to pass


the sentence upon Mr. O'Coigly. During this time I had been sitting al nost im nediately under Mr. Jaftice Buller, very nearly fo. At the very intant that Mr. Justice Buller had closed the sentence, I observed Mr. O'Connor leap over from the bar towards his left hand; a very great tu.nult and confufion immediately took place; and, shortly afterwards, I saw a person, whom I soon learned to be Mr. Stafford, drew a fabre, and went to that corner of the table where the confiGon was. Mr. Garrow cautioned hiin not to strike; and he did not appear to aim the fabre at any body, but merely to keep it moving over their heads. When this second tumult began, I rose up and stood upon the form upon which I had been fitting, so that I was standing before Mr. Justice Biller and Mr. Juftice Heath, with my back towards them: when the confusion began to abate, I turned round, and entered into some conversation with Mr. Jutice Builer; and soon after this, while I was in that situation, I saw my Lord Thanet standing on the table, nearly before Mr. Jutice Lawrence, which was towards my right hand. I heard Mr. Justice Lawrence speak to Lord Thanet to this effet-" I think it would be an act of kindness in Mr. O'Connor's friends to advise him to go quietly to the prison, left fome mischief should happen :" I do not pretend to state the learned judge's words ; but the substance, I believe, I am corre& in. Lord Thanet then turned abruptly round towards his right hand, which brought his back towards me; and I did not distinctly hear the first words that he uttered, but the concluding words were either « to have a run for it," or "fair to have a run for it.I will not be quite certain of the word fair;but of the words " to have a run for it," I am quite certain. I have the more particular recollection of this, be. cause, shortly afterwards, I observed Mr. Sheridan at the same part of the table, and heard Mr. Justice Lawrence speak to him to the same effect that he had before spoken to my Lord Tha.

Mr. Sheridan answered with great civility, either that he had done so, or that he would do it: it was the different manner of Mr. Sheridan to that of my Lord Thanet that made me recollect that.

Q. Do you recollect Mr. Justice Lawrence making an observation upon that?

A. Yes,
Mr. Erskine---To whom?
A. To Mr. Sheridan.
2. In the prefence of Lord Thanet ?

A. No; he was gone : and I recollect that Mr. Justice Law. rence faid to Mr. Sheridan, that he had made the same observa. tion to another gentleman.

Mr. Law-Have you any doubt of the words spoken by Lord Thanet, “ to have a run for it?" A. I have nota



John Rivett sworn, examined by Mr. Garrow. Q. Did you attend at Maidstone as a witness upon the trial of O'Connor and others ?

A. I did.

2. Was any application made to you by one of his Majesty's messengers to allift in apprehending Mr. O'Connor, if he should be acquitted by the Jury?

A. Yes, there was.

2. Did yo'l, in consequence of that, go into Court with a view to give that aslistance ?

A. Yes, I did.
Q. Who went with you?
A. Fugion, my brother-officer.
Q. He was another officer of the police ?

A. Yes, and the messenger; we all three went into Court together.

Q. Is Fugion since dead ? 6. He is.

2. After you had gone into Court, do you remember seeing a gentleman of the name of Thompson? A. I was informed that was the gentleman's name. Q. Should you know him now if you was to see him ?

A. I think I should : I have never seen him since I was very near the bar where the prisoners stood.

Q. At which end of the bar was you ? was you on the side the farthest from Mr. O'Connor, or the nearest ?

A. Nearest to the jailor, which was the right-hand side of the bar. Q. While you was in this position, had

you any conversation with a gentleman you understood to be Mr. Thompson?

A. Yes.
Q. State it to the Court ?

A. The gentleman whon I understood to be Mr. Thompson, a Member of Parliament, asked me, "what I did there?” I made him little or no answer. He then said, “ What business have you here ?” cr words to that effect; “ have you got any thing against Mr. O'Connor ?” meaning, as I supposed, a warrant; I did not know what his meaning was ; I replied, “ No.” I believe he alked Fugion likewise, to the best of my recol. lection.

Q. You and Fugion had been both examined as witnesses upon the circumstance of the apprehension of Mr. O'Connor ?

A. We had.

Q. And, to the best of your recollection, Mr. Thompson put the fame inquiry to Fugion?

A. He did.
Q. What then passed ?
A. I then observed a gentleman, whom I knew to be Mr.


[ocr errors]
« VorigeDoorgaan »