done, their impreffions at the moment, yet that the scene of confufion was fuch that you cannot arrive at a clear and fubftantial conclufion-you will acquit all the Defendants. [The Attorney-General retired from the Court.] Mr. Rous―My Lord, I am of Counsel for Captain Browne. Lord Kenyon-When the Attorney-General comes in, I will put the question to him, whether he thinks there is fufficient evidence against him or Mr. Thompson ? [The Attorney-General returned.] Mr. Garrow---My Lord, the Attorney-General has returned; if your Lordship pleafes, I will put that queftion to him. Mr. Attorney-General---I understand, fince I went out of Court (and I beg pardon of your Lordships for fo doing), that fomething has been faid relative to Mr. Thompson and Mr. Gunter Browne. With refpect to the former of thofe gentlemen, undoubtedly, his perfon having been mistaken here in Court, I fhould think it extremely improper that I fhould withhold from thefe Defendants the benefit of his teftimony. With re fpect to Mr. Gunter Browne, I think there is fome evidence against him, if I were ftruggling in this cafe, in a way in which I am perfectly fure your Lordship knows the AttorneyGeneral never does ftruggle, for a conviction; but I am very ready fairly to fay, I should act very improperly if I fhewed any inclination to convict at all; and, therefore, I give up the profecution with respect to him alfo. Lord Kenyon---If you mean to avail yourself of their teftimony, now is the time. Mr. Rous---Mr. Gunter Browne is confined to a bed of ficknefs. Lord Kenyon---Gentlemen of the Jury, as far I can recollect the evidence, there is not fufficient evidence to call upon thefe Gentlemen for their defence; if you think fo, you will acquit them. MR. BROWNE, Not Guilty. EVIDENCE 2. The row in which the Solicitors fat represents that where we are now fitting, and the Counsel before us? A. It does. 2. And the place in which the prisoners ftand was behind? A. Yes. 2. In what part of the Court were you? A. Almost during the whole of the trial I fat in the Solicitors' feat. 2. I believe the prifoners ftood in the place allotted for them, three in the front, and two behind? A. Exactly. 2. Who were the three in front? A. Mr. O'Coigly, Mr. Binns, and Mr. O'Connor; Mr. O'Connor was on the left as he looked at the Judges, and on the right as they looked at him; Mr. Binns in the middle, and Mr. O'Coigly next the gaoler; my feat was directly under the gaoler, at the end of the feat. 2. Do you remember the time when the verdict was brought in ? A. Perfectly. 2. Did you obferve any thing happen at that time ? ̈ ́ A. I recollect that Mr. O'Connor put his leg over the bar, and there was a prefs behind me, but a very trifling one, to get at him. 2. This was before fentence was pronounced? A. Before fentence was pronounced. 2. Did that cease? A. Yes: filence was called, and that disturbance ceased. The Judge then proceeded to pronounce fentence; I was at that. time fitting, as I have defcribed, at the end of the feat directly under the gaoler; and I leaned against a projecting desk, looking up at O'Coigly during the whole of the fentence, so that my back was to the Bow-ftreet officers: that inftant that the Judge concluded his fentence, Mr. O'Connor put his leg over the bar, and the gaoler caught hold of his coat. 2. At this time did you obferve where Lord Thanet fat? A. At A. At that particular moment I cannot fay. I faw my Lord Thanet, but I know that he and Mr. Brown were both fitting on the Splicitors' feat, within one of me. 2. Where was Mr. Ferguffon at this time? A. I do not know; I did not obferve him at that time. 2. You were proceeding to state what paffed after the fentence was pronounced ? A. At the fame moment that Mr. O'Connor put his leg over the bar, before I had recovered myfelf from the leaning pofition in which I fat, one of the Bow-ftreet officers, I am not fure whether it was Rivett or Fugion, fet his foot upon my back. I immediately started up and drove the man off, and asked him what he meant. 2. How did you drive him off? A. With my elbow, and by starting up. 2. What was his anfwer? A. He damned me, and told me he had business, and would prefs on. 2. Was there good room for him to get by, or was this a narrow place?. A. It was fo narrow that it was impoffible two people fhould pafs without contrivance; a fhort struggle followed between the officers and myfelf, for there were feveral people who were preffing behind, and I could not get out of the feat where I was without making that resistance. 2. How did you get out at last? A. At laft I ftruggled a great while with my elbows to make room for myfelf; I got up, ftepped upon the divifion between the Solicitors' and the Counfels' feats, and from thence to the table; I then turned round immediately, and I then faw the fame man preffing upon my Lord Thanet, in the fame way in which he had been preffing upon me. 2. You faid Lord Thanet and Mr. Gunter Browne were within one of you? A. Yes. 2. Did you obferve this immediately upon your extricating yourself? A. The inftant I extricated myself I turned round and farw a man preffing upon Lord Thanet, with this difference, that when I refifted him, I did not observe that he had any staff or ftick, but when I faw him with Lord Thanet he was friking Lord Thanet with a flick, but what the stick was I cannot fay; Lord Thanet stood with a fhort flick in both his hands, dodging with his stick, and receiving the blows of the Bow. street of ficer upon that stick. 2. Lord Thanet was guarding himfelf, with his hands up, from Rivett's blows? A. Exactly fo. 4. 138 who had endeavoured to get away, had effected his escape from the gaoler; and the confequence was, that the people prefied forward from the oppofite end of the bench, to prevent Mr. O'Connor from effecting his efcape; by which means every person who fat in that narrow feat, was placed, if I may fay fo, between two fires, for the Bow-ftreet officers were preffing up from one fide, and the crowd were preffing up from the other fide. 2. You fay, as foon as you got from Rivett, you faw him inftantly engaged in this way with Lord Thanet ? A. Yes. Could Rivett, in the interval between the struggle with you and the fruggle you inftantly faw him have with Lord Thanet, have got over to the Counfels' table and had a conteft with a man who had a ftick, and taken that fick from him? A. Impoffible; I think fo at leaft; the interval was no longer than that which elapsed from my getting from the feat to the divifion, and from thence to the table. 2. Which you did as expeditiously as poffible? A. Certainly; for I felt myfelf in danger. 2. When you fay impoffible, I need not ask you whether you faw the thing happen? A. Certainly not. Q. Had you your gown and wig on? A. I had. Very fhortly after I got upon the table, a man took up one of the fwords, and drew it, and flourished it about over the heads of the people; very fhortly afterwards I faw this fword coming in a direction immediately to my own head; I avoided the blow by fpringing off the table into the paffage leading into the street. Q. Did you at any time fee Lord Thanet ftrike this officer, let him be whom he may? A. I never faw Lord Thanet in any fituation but acting upon the defenfive. Q. If Lord Thanet had ftruck the officer, do you think you must have feen it? A. Certainly, during the time I had my eyes upon him. Q. I think you told me you farw the officer first preffing by Lord Thanet, and then firiking him? A. Yes. Q. And if he had ftruck the officer, you must have feen him? A. Certainly, at that time. 6 2. Do 2. There was a misapprehenfion between the words quitted and difcharged? A. I apprehend fo. 2. However, you were the perfon that had the converfat with him? A. Yes. 7 Cross-examined by Mr. Attorney-General. 2. You infifted that they were acquitted, and Lord Rom infifted that they were not acquitted? A. Exactly fo. Jury. I wish to afk whether you left the Court during riot? A. No, I did not; I jumped off the table in confequenc a blow that I faw coming at my head, and I fhortly after turned to the table again, 2. Did you obferve Lord Thanet leave the Solicitors' b A. No, I did not. Q. Do you know whether he did, or not, leave the Solicit box? A. I cannot fay, for the riot lasted a very short time aft had left the table, Lord Kenyon. Was the blow aimed at your head? A. By no means; it appeared to me that all the blows ftr by that fword were ftruck by a man that did not know wha was about. 2. Were there any wounds? A. I heard there were, but I do not know of any. Mr. Bainbridge fworn, examined by Mr. Beft, 2. You are a ftudent of the law? A. I am, 2. Were you in Court during the trials at Maidstone? A. I was, 2. In what part of the Court did you fit at the time of riot ? 4. When the Jury returned, I left my place at the table, บ |