know not, I know not the man; but his credit is impeached. Mr. Blake was called, he said he knew him, I asked him," do you think, sir, that Mr. Lyster is or is not a man deserving credit upon his oath ?" If you find a verdict of conviction, it can be only on the credit of Mr. Lyster. What said Mr. Blake? Did he tell you that he believed he was a man to be believed upon his oath? He did not attempt to say that he was. The best he could say was, that he would hesitate. Do you believe Blake? Have you the same opinion of Lyster's tes timony that Mr. Blake has? Do you know Lyster, if you do know him, and know that he is credible, your knowledge should not be shaken by the doubts of any man. But if you do not know him, you must take his credit from an unimpeached witness, swearing that he would hesitate to believe him. In my mind there is a circumstance of the strongest nature that came out from Lyster on the table. I am aware that a most respectable man, if impeached by surprize, may not be prepared to repel a wanton calumny by contrary testimony. But was Lyster unapprized of this attack upon him? he?" I knew that you had Blake to examine against me, you have brought him here for that purpose." He knew the very witness that was to be produced against him, he knew that his credit was impeached, and yet he produced no person to support that credit. What said Mr. Smyth, From my knowledge of him I would not believe him upon his oath."

What said

Mr. Attorney General." I beg pardon, but I must set Mr. Curran right. Mr. Lyster said he had heard Blake would be here, but not in time to prepare himself."

Mr. Curran." But what said Mrs. Hatchell? Was the production of that witness a surprize upon Mr.

Lyster? Her cross examination shews the fact to be the contrary. The learned counsel, you see, was perfectly apprized of a chain of private circumstances, to which he pointed his questions. Did he know these circumstances by inspiration? No; they could come only from Lyster himself. I insist, therefore, the gentleman knew his character was to be impeached; his counsel knew it, and not a single witness has been produced to support it then consider, gentlemen, upon what ground you can find a verdict of conviction against my client, when the only witness produced to the fact of publication is impeached, without even an attempt to defend his character. Many hundreds, he said, were at that meeting, why not produce one of them to swear to the fact of such a meeting? One he has ventured to name, but he was certainly very safe in naming a person who he has told you is not in the kingdom, and could not therefore be called to confront him.

"Gentlemen, let me suggest another observation or two. If still If still you have any doubt as to the guilt or innocence of the defendant, give me leave to suggest to you what circumstances you ought to consider, in order to found your verdict: You should consider the character of the perfon accused, and in this your task is easy. I will venture to say, there is not a man in this nation more known than the gentleman who is the subject of this prosecution, not only by the part he has taken in public concerns, and which he has taken in common with many, but still more so, by that extraordinary sympathy for human affliction, which, I am sorry to think, he shares with so small a number. There is not a day that you hear the cries of your starving manufacturers in your streets, that you do not also see the advocate of their sufferings that you do not see his honest and manly figure,

figure, with uncovered head, soliciting for their relief, searching the frozen heart of charity for every string that can be touched by compassion, and urging the force of every argument and every motive, save that which his modesty suppresses-the authority of his own generous example. Or if you see him not there, you may trace his steps to the private abode of disease and famine and despair, the messenger of heaven, bearing with him food and medicine and consolation. Are these the materials, of which you suppose anarchy and public rapine to be formed? Is this the man, on whom to fasten the abominable charge of goading on a frantic populace to mutiny and bloodshed? Is this the man likely to apostatize from every principle that can biad him to the state; his birth, his property, his education, his character, and his children? Let me tell you, gentlmen of the jury, if you agree with his prosecutors, in thinking that there ought to be a sacrifice of such a man, on such an occasion; and upon the credit of such evidence, you are to convict him-never did you, never can you give a sentence, consigning any man to public punishment with less danger to his person or to his fame: For where could the hireling be found to fling contumely or ingratitude at his head, whose private distresses he had not laboured to alleviate, or whose public condition he had. not laboured to improve.

"I cannot, however, avoid adverting to a circumstance that distinguishes the case of Mr. RowAN from that of a late sacrifice in a neighbouring kingdom.

"The severer law of that country, it seems, and happy for them that it should, enables them to remove from their sight the victim of their infatuation:--the more merciful spirit of our law deprives you of that consolation; his sufferings must remain for eyer before your eyes, a

continual

continual call upon your shame and your remorse.

But those sufferings will do more; they will not rest satisfied with your unavailing contrition, they will challenge the great and paramount inquest of society, the man will be weighed against the charge, the witness and the sentence; and impartial justice will demand, why has an Irish jury done this deed? the moment he ceases to be regarded as a criminal, he becomes of necessity an accuser; and let me ask you, what can your most zealous defenders be prepared to answer to such a charge? When your sentence shall have sent him forth to that stage, which guilt alone can render infamous; let me tell you, he will not be like a little statue upon a mighty pedestal, diminishing by elevation; but he will stand a striking and imposing object upon a monument, which, if it does not, and it cannot record the atrocity of his crime, must record the atrocity of his conviction. And upon this subject, credit me when I say, that I am still more anxious for you, than I can possibly be for him. I cannot but feel the peculiarity of your situation. Not the jury of his own choice, which the law of England allows, but which ours refuses: collected in that box by a person, certainly no friend to Mr. RowAN, certainly not very deeply interested in giving him a very impartial jury. Feeling this, as I am persuaded you do, you cannot be surprized, however you may be distressed at the mournful presage, with which an anxious public is led to fear the worst from your possible determination. But I will not, for the justice and honour of our common country, suffer my mind to be borne away by such melancholy anticipation; I will not relinquish the confidence that this day will be the period of his sufferings; and, however, mercilessly he has been hitherto pursued, that your verdict will send him home to the arms of his family, and the

wishes of his country, But if, which heaven forbid, it hath still been unfortunately determined, that because he has not bent to power and authority, because he would not bow down before the golden calf and worship it, he is to be bound and cast into the furnace; I do trust in God, that there is a redeeming spirit in the constitution, which will be seen to walk with the sufferer through the frames, and to preserve him unhurt by the conflagration."

[After Mr. Curran had concluded, there was another universal burst of applause through the court and hall, for some minutes, which was again silenced by the interference of Lord Clonmell.]

Mr. Attorney General." My Lords! It is Mr. Prime Serjeant's duty to speak to the evidence; but as Mr. Curran has let fall some things to make an impression, not barely upon those who surround us, I must be excused in stating some facts known to no human being but myself. It has been stated that this was an oppressive prosecution, and that oppression has been intended by the delay. Now, I do aver, that the instructions he has received are false; that I received no instructions of the sort from government, and no government could. think of prevailing with me in such a measure. I feel within myself, that no man could ask me such a thing twice in the office I hold. Let the jury consider the fact as it is, let them consider the evidence, and God forbid they should be influenced by any thing but the evidence! -Mr. Curran states that oppression is practised. I am responsible to the court for my conduct here, and if I have carried on this prosecution with oppression, I am responsible to the country. Let this gentleman, if he thinks he has been oppressed, call me to punishment-let me be a disgrace in the eye of the country, and let me be