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4. I certainly struck no one ; I menaced many that I saw, apparently to me, endeavouring to force Mr. O'Connor out; I brandished the fabre, and cried out very loudly, “Keep back," and made motions as if I would strike; but I did not strike any one.
2. From the observations you were enabled to make, to what cause and to what efforts did you attribute the riot ?
A. The riot must be attributed, most certainly, to Mr. O'Connor's attempt to escape, and the assistance that his friends gave him. I did not know of any warrant there was to apprehend him, till I heard Rivett call out in the manner I have described, before the sentence was passed. 2. Did
other circumstances of actual affift. ance given by the friends of Mr. O'Connor to his escape, besides those
have mentioned ? A. No; the transaction was so short, it was impossible to observe minutely.
Cross-examined by Mr. Erskine, 2. This scene of confusion you represent as almost inftan. taneous, and to have continued but a very short time?
2. You was fitting, as clerk to Mr. Knapp, under the jury. box?
2. And your face, of course, towards the great street of Maid. Atone ?
Q. Now, after Mr. Justice Buller had pronounced fentence of death upon O'Coigly, did you see O'Connor jump out of the bar?
A. I did.
Q. Where do you mean to represent that you saw Mr. Fergusson at that time!
A. Mr. Fergusson did not attract my eye till I was upon the table ; seeing the act of O'Connor, I immediately sprung up.
2. You did not see Mr. Fergusson till the confüñon had ad. vanced?
A. It was just at the very inftant; they all happened almost at the same time.
2. Mr. Fergusson did not attract your attention till you had got upon the table in consequence of that instantaneous confufion having begun?
A. I got upon the table in consequence of seeing Mr. O'Con. nor leap over.
2. Then, when your attention was first attracted to Mr. Ferguffon, it was in the midst of the confufion? A. Yes, 6
2. Several persons appeared to be pressing forward, and there seemed to be a scuffle ?
A. I had never seen Lord Thanet before that day--I saw. him give his evidence-I saw him afterwards, I think, fitting between Mr. Dallas and Mr. Fergusson ; and I think I cannot err, when I say, I am sure it was Lord Thanet.
2. Did you not see distinctly the person you took to be Lord Thanet?
A. Most distinctly
u? A. I am sure, not more than two yards ; for the space between the table and the bar is very small; and it was between the table and the bar that I saw Lord Thanet.
& Where the Counsel sat?
2. At this time you was upon the table, and saw Mr. Fergusson in the midft of the confusion ; was he upon the table where
you was, or in his place ? Á. Neither upon the table, nor in his place. Q. Where then?
A. Immediately behind where he had formerly fat; he had fat in the front of O'Connor, and he had got just behind the feat where he had fat before.
2. You had a sword which you brandished for the purpose of keeping off any danger that might happen? A. Yes.
2. Do you mean to represent that Mr. Ferguffon was at that time in the Solicitors' box?
A. I don't know whether I can call it the Solicitors' box or not; he sat at the extremity of the seat wherein the Solicitors Jat he was certainly directly before me at the end of the trial:
Q. At that time, was not Mr. Fergusfori surrounded by a great number of people, who were puthing and shoving, and making a disturbance
À. The persons behind him were certainly crowding uponi him; but there was a small space before him that was vacant:
2. Was there not a pressing upon him every way? A. No, not from the table.
2. Were there not perfons in the place where the Solicitors: box was, pushing and crowding at the time Mr. Fergusson ex: tended his arms ?
4. Certainly; but I saw him only pressed on the fide that I defcribe.
2. Do you mean to swear that you saw Mr. Fergusson shift his place where he had been, and go nearer to Mr. O'Connor
A. No, I did not see him shift it.
Mr. Garrow— There was a low-backed seat for the counsel for the prisoners ?
2. And if I understand you right; Mr. Ferguson appeared to you to be over that low back to the counselso feat ?
A. Yes, certainly so.
A. Yes; I had not immediately before this observed where
Garrow: Q. I shall not trouble the Court
to hear from you over again the detail of the circumstances. Did
hear Lord Thanet examined as a witness upon the trial of Mr. O'Connor
A. I did; it was a few minutes before five.
Q. Very soon after that, I believe, Mr. Dallas summed up on the part of the prisoner?
A. He began to sum up, I believe, about five.
2. Did you observe where Lord Thanet fat while Mr. Dal. las was speaking ?
A. Mr. Dallas left his place, which was exactly opposite Mr. Justice Buller, and Lord Thanet came and sat in Mr. Dallas's place:
2. Mr. Dallas had removed from the place where he had sat, to a more convenient place for addressing the Jury ?
A. Yes; to the left hand of the counsel for the Crown ; Lord Thanet sat opposite Mr. Justice Buller ; the attornies' bench was between the prisoner and Lord Thanet.
2. Did you, at any time after that, see Lord Thanet move from that place, Mr. Dallas's feat, to any other?
A. He went over the back of the seat, and went into the attornies' place.
2. To that seat which was immediately under the bar ?
A. Exactly : I do not know whether it was the first or second seat; there are two seats, one seat is directly against the woods and then there is the thickness of a man: I do not know which of them he was upon.
2. When the Jury returned, and had given their verdict, what observations did you make respecting either Lord Thanet, Mr. Fergusson, Mr. O'Brien, Mr. Thompson, or Mr. Browne ?
A. When they had returned a verdict of Guilty against O'Coigly, I observed Mr. O'Connor put his left leg over the bar of the dock, I believe they call it, leaning upon his left hand; Lord Thanet rose up, and Mr. O'Connor's hand was within this distance (fix or seven inches) of Lord Thaner's
left shoulder--it was below his head : I did not see it touch his shoulder, because Mr. Fergusson rose up, and was exactly between Lord Thanet and myself.
Mr. Erskine-Where did you fit?
Mr. Garrow--Be so good as describe that rising of Mr. Ferguson's ?
A. They ran off all together they followed Mr. O'Connor, as it appeared to me-1 bent myself as far as I could to fee, when so many people came jumping from the witness-box, that I was almost overpowered.
Q. The witness-box was opposite the jury-box?
A. Yes; and they all went off to the left hand, behind the cryer's box. Lord Kenyon-Do you mean that they all ran off together?
A. Mr. Ferguson, and the rest of them, went off towards the narrow street of Maidstone,
Mr. Garrow-There you lost sight of them, on account of the number of persons that came to intercept your view?
A. I was fitting here, and they all went there. 2. Did you see any thing more of the conduct of Lord Thanet ?
A. I saw no more of them after that; I saw a gentleman, that was almost bald, come and complain that he had received
his head, and asked, “ whether there was no redress for the blow he had received ?"
2. Did you learn afterwards that that was Mr. Gunter Browne ?
A. I understood his name was Browne.
A. I saw a person in a grey coat hanging his left arm over the jury-box for some time, afterwards came down, and was feated on the right of Ms. O'Connor, upon
the bar that was there. Just before Mr. O'Connor made his escape, that person disappeared from that place, and I saw no more of him.
Thomas Wagstaffe fworn, examined by Mr. Adam. 2. You are a King's messenger ? A. Yes.
Q. You went to Maidstones, in May last, with a warrant to apprehend Mr. O'Connor ?
2. Did you go into the Court with Fugion and Rivett for that purpose ?
A. No; Fugion, and Rivett were in the Court before I went in, and I went in to them,
2. Do you remember any gentleman coming and asking you any questions about your warrant ?
A. Yes; a gentleman came and asked, “ If I had a war. rant, or any thing against Mr. O'Connor ?" I told him, « No."
2. Did any other gentleman come to you?
2. Did any thing further pass between you and Mr. O'Brien at that time?
A. He offered to bet fome money with Fugion and Rivett. 2. Did any thing more pass ? A. No. 2: Had you your escutcheon as messenger on? A. No.
William Cutbush sworn, examined by Mr. Garrow. 2. I believe you are a clock-maker at Maidstone ? A. Yes.
2. Was you in Court at Maidstone when sentence of death was passed upon a prisoner of the name of O'Coigly?
A. Yes, I was.
Q. Upon that occasion, did you see Mr. O'Connor do any thing?
A. Yes; I saw him get over the bar.
did, what did
see him do? A. After that, I saw a man with a sword in his hand beat. ing over a gentleman's head,
2. The Court have been sitting many hours, and have heard the general detail of the transaction ; be so good as answer my questionsDid you fee Lord Thanet?
A. I did.
A. I saw Rivett strike Lord Thanet over the backI did not know it was Rivett at that time I knew Lord Thanet
2. Where was Lord Thanet at the time that Rivett struck him?
A, Two or three yards from Mr. O'Connor, or thereaway.
2. Was Lord Thanet nearer to the great street of Maid. Atone, than he was to Mr. O'Connor, or to the narrow street ? A. They were all on the left side.
Q. You was on the fide on which Mr, O'Connor was en. deavouring to get out ?