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 defcribed, before the fentence was paffed.

2. Did you observe any other circumftances of actual affiftance given by the friends of Mr. O'Connor to his escape, befides thofe you have mentioned ?

A. No; the tranfaction was fo fhort, it was impoffible to obferve minutely.

Cross-examined by Mr. Erskine.

2. This fcene of confufion you reprefent as almost instantaneous, and to have continued but a very short time?

A. Yes.

2. You was fitting, as clerk to Mr. Knapp, under the jurybox?

A. Yes.

2. And your face, of course, towards the great street of Maidftone?

A. Yes.

2. Now, after Mr. Juftice Buller had pronounced fentence >of death upon O'Coigly, did you fee O'Connor jump out of the bar?

A. I did.

2. Where do you mean to represent that you faw Mr. Ferguffon at that time?

A. Mr. Ferguson did not attract my eye till I was upon the table; seeing the act of O'Connor, I immediately fprung up. 2. You did not fee Mr. Ferguffon till the confufion had ad

vanced?

A. It was juft at the very instant; they all happened almost at the fame time.

2. Mr. Ferguffon did not attract your attention till you had got upon the table in confequence of that inftantaneous confufion having begun?

A. I got upon the table in confequence of feeing Mr. O'Con nor leap over.

2. Then, when your attention was firft attracted to Mr. Ferguffon, it was in the midft of the confufion?

A. Yes.

not err, when I fay, I am fure it was Lord Thanet.

2. Did you not fee distinctly the perfon you took to be Lord Thanet?

A. Moft diftinctly.

2. How far was he from you?

A. I am fure, not more than two yards; for the space between the table and the bar is very fmall; and it was between the table and the bar that I faw Lord Thanet.

2. Where the Counsel fat?

A. Not in the feat where the Counsel fat:

2. At this time you was upon the table, and faw Mr. Ferguffon in the midft of the confufion; was he upon the table where you was, or in his place?

A. Neither upon the table, nor in his place.

2. 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 fword 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 fat at the extremity of the feat wherein the Solicitors fat he was certainly directly before me at the end of the trial. 2. At that time, was not Mr. Ferguffon surrounded by a great number of people, who were pushing and fhoving, and making a disturbance?

A. The perfons behind him were certainly crowding upon him; but there was a small space before him that was vacant. 2. Was there not a preffing upon him every way?

A. No, not from the table.

2. Were there not perfons in the place where the Solicitors? box was, pufhing and crowding at the time Mr. Ferguffon extended his arms?

A. Certainly; but I faw him only pressed on the fide that Í defcribe.

2. Do you mean to fwear that you faw Mr. Ferguffon shift his place where he had been, and go nearer to Mr. O'Connor § A. No, I did not fee him fhift it.

Mr.

Mr. Ferguffon was.

The Honourable Robert Clifford fworn, examined by Mr.
Garrow.

2. I fhall not trouble the Court to hear from you over again the detail of the circumftances. Did you hear Lord Thanet examined as a witness upon the trial of Mr. O'Connor

A. I did; it was a few minutes before five.

2. Very foon after that, I believe, Mr. Dallas fummed up on the part of the prisoner?

A. He began to fùm up, I believe, about five.

2. Did you obferve where Lord Thanet fat while Mr. Dallas was speaking?

A. Mr. Dallas left his place, which was exactly oppofite Mr. Justice Buller, and Lord Thanet came and fat in Mr. Dallas's place.

2. Mr. Dallas had removed from the place where he had fat, to a more convenient place for addreffing the Jury?

A. Yes; to the left hand of the counsel for the Crown; Lord Thanet fat oppofite Mr. Juftice Buller; the attornies' bench was between the prifoner and Lord Thanet.

2. Did you, at any time after that, fee Lord Thanet move from that place, Mr. Dallas's feat, to any other?

A. He went over the back of the feat, and went into the attornies' place.

2. To that feat which was immediately under the bar?

A. Exactly I do not know whether it was the first or fecond feat; there are two feats, one feat is directly against the wood; 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 obfervations did you make refpecting either Lord Thanet, Mr. Ferguffon, Mr. O'Brien, Mr. Thompson, or Mr. Browne?

A. When they had returned a verdict of Guilty against O'Coigly, I obferved 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 rofe up, and Mr. O'Connor's hand was within this diftance (fix or feven inches) of Lord Thaner's

H

left

Buffon's?

A. They ran off all together-they followed Mr. O'Connor, as it appeared to me-I bent myself as far as I could to fee, when fo many people came jumping from the witness-box, that was almost overpowered.

2. The witnefs-box was oppofite 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 he narrow street of Maidstone.

Mr. Garrow-There you loft fight of them, on account of the number of perfons that came to intercept your view?

A. I was fitting here, and they all went there.

2. Did you fee any thing more of the conduct of Lord Thanet ?

A. I faw no more of them after that; I faw a gentleman, that was almost bald, come and complain that he had received a blow upon his head, and asked, "whether there was no redrefs for the blow he had received ?"

2. Did you learn afterwards that that was Mr. Gunter Browne?

A. I understood his name was Browne.

2. Did you fee him favouring the escape of O'Connor? A. No.

2. Did you fee Mr. O'Brien do any thing?

A. I faw a perfon in a grey coat hanging his left arm over the jury-box for fome time, afterwards came down, and was eated on the right of Mr. O'Connor, upon the bar that was here. Juft before Mr. O'Connor made his escape, that person lisappeared from that place, and I saw no more of him.

Thomas Wagstaffe fworn, examined by Mr. Adam.

2. You are a King's meffenger?

A. Yes.

2. You went to Maidstone, in May last, with a warrant to pprehend Mr. O'Connor ?

A. Yes.

2. Did you go into the Court with Fugion and Rivett for hat purpose?

A. No; Fugion and Rivett were in the Court before I went n, and I went in to them.

2. Do

2. Did any thing further pafs 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 efcutcheon as messenger on? A. No.

William Cutbufb fworn, examined by Mr. Garrow. 2. I believe you are a clock-maker at Maidstone? A. Yes.

2. Was you in Court at Maidstone when fentence of death was paffed upon a prisoner of the name of O'Coigly?

A. Yes, I was.

2. Upon that occafion, did you fee Mr. O'Connor do any thing?

A. Yes; I faw him get over the bar.

2. At that time did you fee Lord Thanet ? and if you did, what did you fee him do ?

A. After that, I faw a man with a sword in his hand beating over a gentleman's head,

2. The Court have been fitting many hours, and have heard the general detail of the tranfaction; be fo good as answer my queftions-Did you fee Lord Thanet ?

A. I did.

2. Did you fee his Lordship do any thing, and what?

A. I faw Rivett ftrike Lord Thanet over the back-I did not know it was Rivett at that time-I knew Lord Thanet very well.

2. Where was Lord Thanet at the time that Rivett ftruck him?

A. Two or three yards from Mr. O'Connor, or thereaway. 2. Was Lord Thanet nearer to the great ftreet of Maid. ftone, than he was to Mr. O'Connor, or to the narrow street? A. They were all on the left fide.

2. You was on the fide on which Mr, O'Connor was endeavouring to get out?

A. Yes.

2. What was the first thing you saw ?