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O'Brien, at the farther end of the Court; I observed Mr.
I O'Brien whispering fomething to Mr. O'Connor over the bar.
Q. Describe particularly where Mr. O'Brien was placed during that time
A. He was on the left-hand side of the bar, by Mr. O'Conor nor; I was on the right-hand side, and he on the left : a few ininutes might elapfe, when Mr. Thompson put up his finger to catch the eye of Mr. O'Brien, and beckoned to him ; a few minu'es might elapse, when Mr. O'Brien came to the fame side where I ftood.
Q. Did Mr. Thompson still continue standing by you? A. Yes, he did. 2. How long was this before the verdict was given ? A. Whilst the Jury were out considering their verdict. 2. When Mr. O'Brien came to the place where you and Mr. Thompson were ítanding, what took place ?
A. Mr. O'Brien and Mr. Thompson spoke to each other; but what they said I cannot teil. Mr. O'Brien then addressed me, and said, “ Have you got a warrant against Mr. O'Con. nor ?" I said, “ No." Then he said, “ Then Fugion has.”
2. Do you mean that he made use of Fagion's name?
A. Yes; Fugion was present, and he answered immediately that he had not. He said, “ Fugion, have you got the war. rant?” He addressed himself to Fugion ; Fugion faid, “ No." Then Mr. O'Brien faid, “ Then the messenger has."
2. Had Wagstaffe his badge as King's meffenger on at that tiine ?
A. I do not recollect.
2. Do you mean to say that he addressed himself to the mefsenger?
4. No; he faid, “ Then the messenger has." I then replied, “I can answer only for myself.”. Mr. O'Brien then faid, “ I will bet you three guineas," I think it was, to the best of my rccollectior, “ that you have.” Fugion said, “Done," I believe, or words to that effect. Mr. O'Brien then left the side of the Court that I was on, and returned to the left-hand side where Mr. O'Connor was, and whispered something to Mr. O'Connor ; but what, I cannot tell.
2. What observation did you make at that time, with respect to any other persons in the Court, as to any change of pofition?
A. It reinained quiet till the Jury were coming in: a num-* ber of gentlemen feated themselves directly before me in the place where I stood.
Q. That was upon the bench made for the prisoners’ attorneys ?
Q. Did you know any of those persons ?
Ă. Not that were fitting down before me ; some time had clapsed, when there was some noise when the Jury were coming into Court, “ Make way for the Jury,” or something to that effect. I then endeavoured to get as nigh Mr. Watson, the jai. lor, as I possibly could. I went to step my foot up to get nigh the bar, and I was pulled down again by my leg ; I turned round, and the person who pulled me down, I supposed, was Mr. Thompfon.
2. Do you mean to say, you know it was Mr. Thompson ;
A. Exactly fo.
A. Yes: the Jury then came in, and I endeavoured to get up again as near the bar as I possibly could,
2. When you use the expression, that you endeavoured to
A. Only the gentlemen fitting there.
A. With a view to assist in securing Mr. O'Connor, if he
Q. Upon your endeavouring to get as near the bar as you could, what happened?
A. The Jury were in, and the Court called “Silence.” The Jury had given their verdict-Mr. O'Connor and the others, Not Guilty; and Mr. O'Coigly, Guilty; and then I got up nigh the bar. I observed fomething in Mr. O'Connor that struck me as if he meant to make his escape; at that moment there was Some noise in the Court, and Mr. Ferguson says, “What business has that fellow there, making such a noise ?"
Lord Kenyon--Who was that addressed to?
A. It was addressed to the Court, I believe. Upon that I got up upon one of the benches, and addressed the Judge, and told him my reasons for being there. I told his Lordship I had a warrant from the Duke of Portland to arrest Mr. O'Connor; the Judge replied, “ I should have him," or words to that effelt; and desired the jailor to take care of all the prisoners for the present.
Q. Which of the Judges was that?
A. Judge Buller; then the sentence was passed upon Mr. O’Coigly. As soon as the Judge had so done, Mr. Ó'Connor immediately jumped out of the bar: there was then a very great confusion in Court; those gentlemen, who had so placed them.
Jelves before me, ford up; I called out, “ Sbut the door, but the door," several times.
Q. After Mr. O'Connor had jumped over the bar, which way
did be take?
Q. That was, as we have been deftribing, towards the nar. row Atreet??
A. Yes; I then endeavoured to get forward, but was prevented by those gentlemen who had so placed themselves quite before me and Fugion and the messenger.
Q. Now describe particularly what paffed which prevented you, with your assistants, from following Mr. O'Connor ?
A. I was pulled down, or jhoved down, twice or three times; but by whom, I am not able to say. I THEN JUMPED FORWARD AS WELL AS I WAS ABLE, AND WAS ENDEAVOUR. ING TO PURSUE MR. O'CONNOR; MR. FERGUSSON JUMPED UPON THE TABLE, AND WITH A STICK FLOURISHED IT IN THIS WAY, TO PREVENT MY GETTING FORWARD.
Q. Flourished it over your head?
A. Yes, he was; I THEN SPRUNG AT HIM, AND WRENCHED THE STICK OUT OF HIS HAND, AND HE RETURNED BACK
TO HIS FORMER SITUATION.
Q. He went from off the table, and returned to his place at the table ?
A. Yes; otherwise I should have struck him with the flick which I had wrenched from him; if he had not that moment got away.
Q. Describe what more took place?
A. As soon as I RECOVERED MYSELF, I WAS THEN KNOCKED DOWN BY SOME PERSON WHO DROVE AGAINST ME -NOT WITH A STICK; AND AS SOON AS I HAD RECOVERED MYSELF, I SAW THE PERSON WHO HAD SO SHOVED ME DOWN; I IMMEDIATELY STRUCK HIM WITH MY STICK; I REPEATED MY BLOWS THREE OR FOUR TIMES ; THAT PERSON CALLED OUT, « DON'T STRIKE ME ANY MORE." I REPLIED, “I WILL; H)W DARE YOU STRIKE ME.” That person I fo ftruck was, as I understood while I was in Court, the Earl of Thanet,
Q. Are you quite certain that the person you ftruck and refeated your blows with a stick, was the person who loved you down?
Q. And that perfon, whill you continued in Court, you un. derstood was my Lord Thanet.
Q. Should you know his person now?
Q. Look round the Court, in all parts of it, and fee if you fee bis Lordjhip bere is that the person you ftruck who fits next Mr. Gibbs?
A. I believe it is; I cannot positively fay, because I have never seen the gentleman but once fince that time.
Q. From the appearance of bis Lordship, from his person and make, do you now believe him to be the persons
A. I cannot positively say.
Q. Did you afterwards, in the course of your continuance in Court, fee Lord Thanet in any other part of the Court?
A. He was, pointed out to me immediately after,
Q. Who was the perfon that told you that the name or title of the person with whom you had the contest was Lord Thanet ?
A. Mr. O'Connor, after being secured and brought back again into the bar.
R. Mr. O'Connor gave the title of Lord Thanet to the per. fon with whom you had had the contest?
Lord Kenyon—Was it a conversation addrefed by Mr. O'. Connor to you?
A. It was.
you had given these blows to the per. fon supposed to be Lord Thanet, what passed ?
A. I observed Mr. O'Connor was in custody--he had been secured by the door-way: I then affifted in getting hiin back to the bar.
Q. You described just now, that when you was attempting to push on to prevent Mr. O'Connor escaping, you was in. terrupted by the persons who had placed themselves before
R. Do you mean that it was merely by the accident of their being' there, or that they gave you any obstruction ?
A. While the Jury were out, they came, and a great number more than had been there at the riine of the trial, and placed themselves just before where I stood,
2. Are you acquainted with Mr. Gunter Browne ?
appearance or person obitructing Fugion or Wagitaffe ? A. No, I did not observe it, I was so engaged myself.
Cross-examined by Mr. Erskine.
Q. You have stated to my Lord and the Jury, that, from something that passed, you expected Mr. O'Connor to attempt to make his escape ?
Q. I take it for granted, that the apprehension that he wanted to make his escape, induced go
forward ? A. Yes ; I got as near the bar as I could.
2. It made you more desirous with the other officers to push forward quickly ? A. Surely fo.
you had had no reason to suppose Mr. O'Connor was endeavouring to escape, and that others had a disposition to afsift him, I take it for granted you would have gone on more leisurely ?
A. No doubt.
2. But the apprehension that you had, that you might be disappointed in the execution of your warrant, made you go on with confiderable rapidity ?
A. I went swifter than I should have done if I had not been molested, no doubt.
2. The line that you was going in at that time, was a place not very unlike where I am standing now, immediately before the prisoners ?
Q. That is to say, a place like that I am now standing in, divided by something like this from the place where the Counsel sat?
A. Just fo. Q. You say that you jumped forward as well as you was able, and was endeavouring to pursue Mr. O'Connor, when Mr. Fergusson jumped upon the table, and with a stick flourished in this way, to stop you ?
Q. But, except that pulling by the leg, after you pursued your progress through the Solicitors' box, the first interruption you met with, was by Mr. Ferguson jumping upon the table?
A. No; I had been pushed down before that,
Q. You had not seen Lord Thanet till after this had pased with Mr. Fergulfon? A. To my knowledge, I had not.