2. Did

A. He might be as far from the bar, not quite fo far, as I am from you-rather nearer to the wicket, where I stood.

Q. Did you see Lord Thanet do any thing?

À. I saw Lord Thanet with a small stick in his hand in this position, directly behind me; and Rivett, the officer, came up and struck at him with a stick; Lord Thanet fays, “ What did you strike me for? I did not strike you."

66 You ftruck me first,” says Rivett,

2. Did you know any of the other persons that were by him? A. I did not.


fee any person there with a bald head ? A. I did not take any notice of a bald head; I saw a gentleman with a black collar and a pepper-and-lalt coat on.

Q. What did that person do ?

Ā. I did not see him do any thing; he was in the passage among the other persons thať were endeavouring to obstruct the officers from taking Mr. O'Connor ; I called out to some person to come forward to my assistance, for he made a spring, and the wicket-door was opened again ; I made a spring and fhut it again, and then Rivett and Fugion came up.

Q. How many persons do you think there were between you and the officers Rivett and Fugion who were coming up?

A. I cannot say how many there were; there might be feven, eight, or nine ; or there might not be quite so many.

2. Do you know the persons of either Mr. Thompson, Mr. O'Brien, or Mr. Gunter Browne?

A. I do not.
2. Do you know the person of Lord Thanet ?

Ă. Yes, I believe I do know him ; I saw his Lordship give his evidence in Court.

Q. When Mr. O'Connor was last stopped by you, what be. came of him?

A. I delivered him up to two officers.

Q. How near to the bar from whence he had escaped did you come with him?

A. I came quite up to the end of the bar with him.

2. At that time, what was the number of the people ftanding about?

A. They were directly opposing the officers from coming, when I was at the corner of the bar with him.

Do you know the person of Mr. Fergusson? A. I do not. 2. Did you see any person in a bar wig and gown? A. Yes, 2. In what situation was he?

Ă. He was one of chose who wanted to obstruct the officers from coming forward.

2. What

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2. What did you observe him do?

A. I saw them stand all of a body together, so that the officers could not pass to take him.

2. Do you remember any complaint being made to the Judge, by any person, of having their head broke?

A. Yes; a gentleman said, “ What recompense am I to have? I have got a broken head;" but I do not know who it

Q. Was that the person that you spoke of with a black collar?

A. I cannot say,
2. Had he a bald head?
Ā. I cannot say.


Henry William Brooke Sworn, examined by Mr. Abbott. 2. I believe you have some situation in the Secretary of State's Office ?

A. Chief Clerk in the Alien department,
2. Was you at Maidstone at the trials ?
A. Yes.
2. Do you know the person of Mr. Dennis O'Brien ?
A. I do.

2. Do you recollect seeing Mr. O'Brien in Court during the time the Jury retired to consider of their verdict ?

A, I do.
Q. Where did


fee him ? where was he? A. I saw him near the dock, on the side where Mr. O'Cona

nor stood.

2. Was he in conversation with any person that you observed ?

A. He was in conversation with Mr. O'Connor.

2. Do you recollect what happened immediately after the Jury had pronounced their verdict?

A. I recollect that Rivett, one of the Bow-ftreet officers, attempted to get up on the side where the jailor fat.

Q. Did he declare the purpose of his attempting to go that way?

A. To the best of my recollection, he said, “ he had a warrant from the Secretary of State to arrest Mr. O'Connor."

2. Did you observe that any attempt was made to refift this person who was endeavouring to come forward ?

A. I observed some persons endeavouring to pull him back.

2. Do you recollect whether any direction was given to the jailor with respect to the prisoners, by either of the learned Judges ? A. Yes. Lord Kenyon--It cannot be necessary to go into that.


Q. Did

Mr. Erskine-There can be no doubt of any of these facts. Mr. Abbott-Did Mr. O'Connor do any thing?

A. Mr. O'Connor placed, as far as I recollect, his left hand upon the side of the bar where he stood, and leaped over.

Q. Did you hear any voices crying out any thing?

A. At that time the tumult became general : I heard some cry out,

“ Stop, stop ;” and others, “ Run, run.” 2. Are you able to identify any person who was resisting Rivett?

A. I saw a person, to the best of my recollection, who was dressed in a grey coat and a black collar, and his head was bald on the top:

Q. What did you see that person doing?
A. He seemed to have hold of the officer's coat,
Q. Of Riveit's coat ?'
A. Yes.


afterwards learn who that person was ? Ă. I afterwards understood that person to be a Captain Browne.

Q. Did that person, after the tumult was over, prefer any complaint to the Court, that you recollect ?

A. I cannot identify the person of the gentleman that endeavoured to make a complaint to the Court of ill usage; but there was some gentleman upon the table, who com lained, whether generally, or to the Bench, I cannot say, "Am I to be ill-treated in this way?”' or to that effect.

2. Was that the person with a bald head and black collar? A. I cannot sav. Q. Did you know Mr. Ferguson the counsel ?,

A. I have not the honour of Mr. Fergujjon's acquaintance ; but I had his person pointed out to me as being Mr. Ferguson.

Q. Did you see him do any thing?

A. He appeared to have SOMETHING in his hand; but when ther it was a stick, or a sword that laid upon the table, or what, I cannot say--but he was brandishing it over the heads of the people.

2. Was he in his professional dress at this time? A. He was.

Cross-examined by Mr. Erskine. Q. Where was Mr. Ferguson standing when you apprehend, rather than exprefs, that you saw him brandishing something which

you do not describe, but which you think was a stick or a sword ?

A. He was standing near the side of the Court upon which Mr. O'Connor stood.

Q. Upon the ground, upon the bench, or upon the table ? A. He appeared to me, as far as I can charge my recollection,


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to have been upon a bench; he appeared to be elevated from the ground.

Q. This was after the sentence had been pronounced, and after Mr. O'Connor had gone out of the dock ?

A. It was about that time, as far as I can recollect.
Q. At the time of the confusion in Court, was it not ?
A. It was at the time of the confusion,

John Stafford called again, examined by Mr. Lazu.

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Q. I will not examine you to the preliminary circumstances 'which have been proved by feveral witnesses. Confine your, felf now to the time that Mr. O'Connor was endeavouring to get over the bar. At that period of time, did you

fee any

of the defendants, and particularly Mr. Fergusson or Lord Thanet, do, or endeavour to do, any thing?

A. At the instant that Mr. O'Connor leaped over the bar, I saw my Lord Thanet and Mr. Fergusson : I had been

paying particular attention to Mr. Justice Baller in passing sentence; and the moment that he was done, I turned my eyes round to the bar, and saw Mr. O'Connor in the act of getting over; he had his left hand upon the bar, and his right hand extended : my Lord Thanet itood next to him, to the right of him; Mr. Fergusion, at that instant, was in front of him, with his back to me, facing Mr. O'Connor.

Mr. Erskine Where did you fit at this time? ..:

4. Supposing this to be the Court at Maidstone, I fat directly under the Jury,

Mr. Law-You sat so that you could observe the whole of the transaction?

A. Clearly ; but the whole of the transaction was of that sudden nature, that I was rising part of the time; I rose, and seized one of the fabres which laid upon the table, and which was a part of Mr. O'Connor's baggage.

2. Did you fee Lord Thanet or Mr. Ferguffon do any thing in aid of Mr. O'Connor in the act of escaping?

A. When Mr. O'Connor extended his arm, he either laid it upon Lord Thanet's Mhoulder, or Mr. Ferguson's arm; Lord Thanet being between me and Mr. Ferguson, I could not distinguish on which of them he put his hand.

Q. Did you see any obstruction given by them to any persons in palling from one part of the Court to the other?

A. I did not observe Lord Thanet make any obstruction ; Mr. Ferguson had his back turned to that fide of the Court from whence the officers were endeavouring to approach to the bar.

2. With his back towards the great street of Maidstone ?

Ă. Yes. At the instant I am now speaking of, I was upon the table,

Q. Did you see any thing in particular done by Mr. Fer. gulon?

A. Mr. Ferguson extended bis arms in this manner, seemingly to me to keep the persons back who were forcing themselves forward. I saw no other ad done by him.

Q. Then did Mr. Fergusson appear to you to be putting himself in a position to stop the way?

A. Certainly fo.
2. To stop the way for who?

A. I faid before, to stop the way of the persons who were approaching that side of the Court where the officers were.

Q. Were any persons at that time attempting to come from the fide of the Court where the officers were, to the side where Mr. O'Connor was?

A. Rivett and the Bow.street officers were. I at this time ftood upon the table with a drawn sabre in my

hand, 2. Did you see any body, before that, have hold of the flap of Mr. O'Connor's coat ?

A, Yes; before Mr. O'Connor got from the bar, I obferved that Mr, Watson the jailor had got hold of the tail of

his coat.

2. Was it at the fame period of time when you saw the of. ficers rush forward, and Mr. Fergusson attempt to stop the way in the manner


have described? A. Yes, the whole transaction was of the shortest duration possible: Mr. Ferguson forced himself between Mr. O'Connor and Mr. Watson the jailor; Mr. Watson the jailor reached across; he fat on the other side from where Mr. O'Connor the prisoner fat; he reached across behind Binns, and seized the fap of O'Connor's coat, as he was getting over the table; the coat was extended for a small distance between O'Connor and the bar, and Mr. Fergusson forced himself in between the two, and Mr. Watson let go

his hold, Q. Do I understand you, that, by the action of Mr, Fergusfon, the jailor was separated from his prisoner? A. That I cannot say: the jailor might have let go

his bold without the action of Mr, Ferguson; it appeared to me to be in consequence of the action of Mr. Fergusson,

Q. Do you know the person of Mr. O'Brien ?

A. No, I do not; I saw a gentleman in Court who spoke to Mr. O'Connor two or three times; that gentleman I had previously feen in the witness's box, standing by Mr. Sheridan, Mr. Fox, and the other gentlemen that were there ; and I saw him afterwards ; but I do not know, of my own knowledge, who he was at all.

2. You mentioned standing upon the table with this sabre in your hand-did you strike any body, or create any con. fusion ?

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