Q. So that you had a complete opportunity of obferving them ? A. I had a complete opportunity till the fray began. 9. D you recollect the Bow-ftreet officers coming in?

A. remember obferving the Bow-ftreet officers ftanding on the right hand fide of the dock.

2. Do you remember feeing those Bow-street officers at the time the Jury pronounced their verdict ?

A. I did.

2. What did you obferve them doing at this time? A. I obferved two ftanding with their eyes fixed upon O'Connor, as the impreffion ftruck me.

Mr.

2. Do you recollect them after the sentence was pronounced? A. Yes I do.

2. What did you fee them do at that time?

A. I obferved one, whom I had from obfervation upon the trial known to be Rivett, put his knee upon the bench that came over into the Solicitors' feat, and get over, and press directly forward.

2. You fay he preffed forward: in what direction?

A. He preffed directly on to the bench where the Solicitors for the Defendants had fat, and the Counsel for the Defendants had fat.

2. Where was Lord Thanet at this time?

A. My Lord Thanet was on the right hand of me, and in the place where the Solicitor for Mr. O'Connor had fat, I believe moft part of the day.

Q. Where was Mr. Ferguson then?

A. Direly before me, IN HIS PLACE.

2. Was Mr. Ferguffon at that time in the Solicitors' place, or the place appropriated for the Counsel ?

A. Mr. Ferguffon was IN HIS OWN PLACE, and the place which he had kept the whole day.

2. Did you fee the Bow-ftreet officers attempt to pass Lord

Thanet ?

A. I faw the Bow-ftreet officers attempt to pass Lord Thanet; and Lord Thanet, upon being preffed upon, moved upwards, as if to prevent being overpowered or crushed, and got upon his legs.

Q. Did Lord Thanet do any thing to obftruct this officer?
A. To my opinion, nothing in the world.

2. I think you fay, on the contrary, he moved up?

A. He endeavoured to get upon his legs; for the preffure of

the

[

the people upon him was fuch, that, if he had not got up, he muft have been totally knocked under the bench.

Q. At this time did you fee whether Lord Thanet ftruck this Bow-ftreet officer, or not?

A. I never obferved Lord Thanet frike the Bow-ftreet officer, or any body else.

Q. From the fituation in which you were at this time, if he had ftruck him, do you think you must have seen him?

A. Certainly I must.

Q. If Lord Thanet, at this time, had been taking an active part in the riot, muft you have feen that alfo?

A. I must have obferved that too.

Q. Did Lord Thanet do any thing to aid the efcape of Mr. O'Connor, or add to the tumult which then prevailed in Court? A. Nothing in the world, that I faw.

2. Did you obferve Mr. Ferguffon at this time?

A. I did.

2. Now, I will ask you if Mr. Ferguffon ftruck any body? A. I never faw Mr. Ferguffon ftrike any body; and, if he had ftruck any body, I think I must have seen it.

Q. Did it appear to you that Mr. Ferguson encouraged Mr. O'Connor, or at all favoured him in his escape?

A. Not the leaft, quite the contrary.

Q. Did you obferve whether Mr. Ferguson had any fiick?
A. I obferved no stick whatever.

Q. If Mr. Ferguson had at this time been brandishing a flick, do you think you must have feen it?

A. I muft certainly have feen it, from the fituation I was in. Q. During this time did Mr. Ferguson continue in the fame fituation in which he was?

A. He continued in his feat till he was pressed upon, and the whole was a fcene of confufion.

2. Did it then appear to you that Mr. Ferguffon only left his feat in confequence of the preffure upon him?

A. That was the only caufe, as it ftruck me.

Q. Do you recollect fecing Rivett engaged with Lord Thanet ?

A.. I do; he appeared to me to be ftriking him, and trying to beat him down; in short, he was in the act of offence, with his hand uplifted, as it appeared to me.

2. Do you recollect Mr. Ferguffon faying or doing any thing at that time?

A. I remember Mr. Fergusson asking him to desist, and asking him if he knew who he was ftriking.

2. Did he give any answer to that?

A. He, I think, made ufe of words to this effect: "I neither know nor care." Upon which Mr. Ferguffon faid, “That is Lord Thanet, I infift upon your not striking him.”

:

obferved no stick in his hand.

2. Could he have ftruck him, and wrefted the stick out of his hand, without your feeing it?

A. I think not.

2. You was there during the whole of this tumult ?

A. I was in Court during the whole of the trial.

2. Was Mr. Ferguffon any part of that time in the place allotted for the Solicitors?

A. Never.

2. Was he ever nearer to Mr. O'Connor than the place for the Counfel?

A. Never; I was between them.

2. Where did he go, when he quitted that place? A. Towards the Judges, and away from the tumult. Q. During the whole of this time, did Mr. Ferguson at all appear to encourage the tumult ?

A. Quite the contrary, I think.

Crofs-examined by Mr. Law.

2. You have faid that Mr. Ferguffon, fo far from encou raging this tumult, acted quite the contrary?

A. Yes.

2. Am I to understand you, that he endeavoured to diffuade them from riot ?

A. I heard him fay to Mr. O'Connor, "Be quiet, and keep your place; nothing can hurt you.'

2. Was that after the acquittal?.

was

A. It was after the verdict of acquittal had been given, and before the fentence was paffed upon O'Coigly,

2. But after the fentence was pronounced, did you observe Mr. Ferguffon doing any thing that was quite the contrary ? A. He feemed to fay, "Be quiet;" and, from Mr. Ferguffon defiring him to keep his place, and having complained to the Court of a person that wished to make a tumult, he appeared to me to be a perfon who wished to keep every thing quiet and in order,

2. You have told us, that, during the whole day, Mr. Fer. guffon kept the fame place?

4. As to the fame place, I believe he might have moved to the right; he might have been, perhaps, to the right of Mr. Plumer in the morning; but what I mean is, that he never moved out of the place where the Counsel fat.

2. Then

2. Then he must have been under your own observation the whole of the day?

A. Yes.

2. Did he never appear to be upon the table in the course of that day?

A. While the Jury were retired, he went across the table, and, I believe, went to speak to fomebody near the witneffes' but at that time people were converfing and walking about, but there was no idea of a riot then.

box;

2. Will you fay, after the verdict was brought in, he was never upon the table?

A. He was never upon the table that I know of, till he was preffed upon by the Bow-ftreet officers.

2. Did you, during the day, fee a stick in his hand, or that he had not had a stick ?

A. I will fwear that I did not fee a stick in his hand.

2. And you had him so much under your obfervation, that you must have seen it?

A. As much as a perfon could do, fitting in a Court of Juftice; it was quite ridiculous to fuppofe he had a stick in his hand.

2. Was you a witnefs, or concerned in that trial?

A. No: I went from mere curiosity.

2. You did not go with Mr. Ferguffon ?

A. No.

2. And you will fwear that he never had a stick in his hand?

A. I will fwear I did not fee a ftick in his hand; and I think I must have seen it, if he had.

2. If you had him conftantly in view, you must?

A. It cannot be fuppofed that I had my eyes upon him for fourteen hours.

2. WILL YOU VENTURE TO SWEAR, THAT DURING THE RIOT HE HAD NO STICK?

A. I WILL.

Jury Did Lord Thanet leave the Court during the riot? A. Lord Thanet moved, as Mr. Ferguffon did; upon being preffed upon, he got up upon the bench; and that, when he moved up, Rivett was above him, and trying to strike him; and Mr. Ferguffon then faid, "Who are you ftriking, Sir ?"

Jury-Whether he faw Lord Thanet, during any part of the period, near the the wicket-gate that leads to the narrow Street?

A. I faw Lord Thanet, I think, during the whole riot; and I think, inftead of being there, he went, when he did move, quite the contrary way, and not at all towards the gate.

Mr. Juftice Lawrence From Mr. Ferguffon complaining

A. I think he must have been about three yards.

2. At that time was he not making ufe of this motion, (defcribing it), and fay, "Keep back, where are you going?"

A. Yes; and I think Mr. Juftice Buller then faid, "What is the matter?" Mr. Ferguson then faid, "Here is a perfon making a noife, and will force himself into the Court." Mr. Justice Buller then faid, "What do you mean, Sir?" He then faid, "My Lord, I have a warrant against Mr. O'Connor." He then told him to keep back.

Mr. Warren fworn, examined by Mr. Mackintosh.

2. I believe you was prefent at the trials for high treafon at Maidstone?

A. I was.

2. Was you prefent the fecond day of thofe trials?

A. I was.

2. Where did you fit during the evening of the fecond day? A. Juft by the witnefs-box, oppofite to the Jury.

what

you

2. After fentence was pronounced upon O'Coigly, tell us obferved of the confufion that arose in the Court? 4. After the fentence of death was pronounced upon O'Coigly, the first part of the affray that I recollect was this: Mr. O'Connor endeavoured to get out of the dock: he got almoft out of the dock, on the left fide; the gaoler, who was on the other fide of the dock, reached across the dock, and caught him by the coat: he detained him for a very short space of time in that fituation; the coat tore, or flipped through his hands.

Q. At that time, when the gaoler had hold of Mr. O'Connor's coat, did any body reach or step backwards between them? A. Nobody.

Q. Then Mr. Ferguson did not?

A. Certainly he did not.-Mr. O'Connor got away, either from the coat being torn, or flipping through the gaoler's hands; he got down upon the ground; he foon mixed with the crowd, and I loft fight of him as foon as he endeavoured at first to get away, two perfons, who had before appeared to be officers from Bow-ftreet, with several others, rushed forward to apprehend him. In their endeavour to apprehend him, the first perfon upon whom they appeared to rush with any great violence,