Was any house belonging to your family destroyed?—I cannot say; my family is very large. You say, Mac Cann's house was shut up when your husband went to bed; no person was admitted to drink after that?-None but the family of the house; they might drink as they please. No person drank there after half past eight o'clock ?-I am on my oath, and cannot say, whether the family drank or not; but the house was shut up at that time, and all who were within were kept within. Did you know who were there?-There might be strangers for aught I could see. Did you not say, you came down?—I had no business but to go through the tap-room. At what time did you go to bed?—Not at all. You were frightened ?-I was very much. Did you talk to Mrs. Callaghan about it?— I cannot recollect. She staid up?-She did. Where do you live?-In Watling-street; my brewery is in Bonham-street. Are you acquainted with Mac Cann's character?—I am. Have you ever heard his loyalty impeached? Aaron Izod Dogherty cross-examined by Did you hear his character spoken of before this time?—No. You supply him with porter?-Yes, sixteen or seventeen hundred hogsheads. Then he must have many people resorting to his house?-He must, a great many. William Grumley sworn.-Examined by Do you know the prisoner Mac Cann ?— I do. Ilow long?-In or about nine years. What character has he borne during that interval? I have good reason to know his he was an old infirm man; and during that time the prisoner conducted himself with pro priety and honesty. And you talked to her?—I was not think-character; he lived with my father four years; ing of Mrs. Callaghan when I came here; and cannot say whether I talked to her or not. Why were you going up and down every ten minutes?-For fear the rebels would break in through the door. And every time you went up and down you saw Mac Cann ?—I did. Was Mrs. Callaghan with him all that time? -She was not. Did Mac Cann go to bed when he shut the door?-No, he did not; for I saw him at half past ten, to the best of my knowledge, as I had no clock or watch. And Mrs. Callaghan was not with him?No, I saw her in the tap-room and on the lobby. Did you hear any thing of this matter before it broke out?—I never heard of it till that night. Nor ever talked of it to any body, two or three days before ?-No. Did your husband tell you of it?-No. You never told Mr. Hamilton's servant about it? No. James Fagan sworn.-Examined by I understand you live in Bridgefoot-street? -I do. Do you know Mac Cann the prisoner?-I do. How long?Six years. Do you know his character?-I know him to be an attentive industrious man in his business. Have you known his character since?-I have, living in the neighbourhood. Have you ever heard his character for loyalty impeached till this occasion ?—No. [Here the evidence for the prisoners closed.] The counsel upon each side relinquished. their privilege of speaking to the evidence. SUMMING UP. Mr. Baron Daly.---Gentlemen of the Jury; this is a late hour; and fatigued as we must all be, I shall, as far as the justice of the case will allow me, take up as little of your time as possible. The evidence is exceedingly voluminous; it will be necessary for me to state such facts as are material, and you, I am sure, will attend to it with patience. The prisoners stand indicted for high treason, in compassing and imagining the death of the king, and conspiring to levy war; and it is stated that they did actually levy war. The facts proved are of such a nature, that if they are believed by you, they go to substan tiate this charge; it is for you, however, to weigh the evidence, and as you give it credit, to determine accordingly. With regard to the preliminary evidence, it will not be necessary to trouble you with it. It makes no part of the case of the prisoners or either of them, to dispute that fact: on the contrary, all the witnesses for them admit it, and therefore it would be idle in you to throw away any portion of your time in debating that which cannot admit of any quesAaron Izod Dogherty sworn.-Examined by upon the 23rd of July in Thomas-street, and tion, that a general insurrection took place Have you ever heard any imputation upon his loyalty?—I have not, till the present business. Mr. Mac Nally. Do you know Mac Cann-I do. the neighbourhood thereof. The first evidence, which I shall detail to What business do you follow?-A porter you, is that given by Donough Mac Creight, brewer. which was offered merely for the purpose of showing that persons were forced to join in that insurrection, who had no inclination for it; and how far that supports the testimony of the other witnesses or not, you will determine. [Here the learned judge stated the testimony of Mr. Mac Creight, and the other witnesses examined on behalf of the prisoner, and then proceeded.] This, gentlemen, is the whole of the evidence for the crown; and it is necessary to make some observations upon it, more especially as it was observed by the counsel for the prisoners, in stating their case, that the witness Mahaffey was seeking to save his own life, and that he was an acknowledged informer. What inference you may draw with regard to his being an informer, it is not for me to say: the counsel has endeavoured to impress upon your minds, that Mahaffey joined the insurgents voluntarily; he swore upon the table that he was forced. If you believe that he joined them yoluntarily, he is an informer, and of the worst kind, because he is not a candid informer. But he is represented as an acknowledged informer; I take an acknowledged informer to mean one or other of these two. A man who is accused of a positive crime, first confesses it, and afterwards accuses others; or a person taken in the very act of committing the crime, and afterwards accuses others to save his own life. But Mahaffey is neither of these; much less is Ryan. It appears from their evidence, that when they were taken, there was no positive charge against them; they were taken on suspicion, by the vigilance of the magistrates, who were on the watch for strangers passing through the country. It also appears, that when they were arrested, and without any charge exhibited against them, they told the story as they did here. That can by no means convey the charge of an acknow. ledged informer, as represented. With regard to their having joined the party voluntarily, there is no direct evidence before you; and if it can be collected at all, it must be from something in their own evidence, or their manner of giving it. Now, I have been examining the circumstances with a desire, if I could, to find any thing which would show they were not telling truth; and the circumstances I collect are, that Ryan is the last person with whom another would have joined in an act of rebellion; a timid, sickly man, incapable of exertion; frightened at every stir; so that it appears to me (but of that you will judge) that he was the last man who would join in such a business; and it appears, that the same force was used against him as there was against Mahaffey. They remained together the whole time, they were in the tumult, and escaped together. If, after that, you believe they joined together voluntarily in that party, me. you ought to reject their testimony. If there are any other circumstances which show they did, I should be obliged to any of you, gentlemen, or to any person in court concerned, or anxious for the prisoners, to point them out to But if no such circumstances exist, I do perfectly consistent with men in their situanot see any part of their conduct that is not tion. They quit the town to be sure, and proceed by various courses; but they do so, not only from not knowing which party bad prevailed, but that even if they did, they knew, that being among the tumult, and being men of inferior situation, they might be involved in danger. I shall observe no farther upon the evidence for the crown; I leave their credit entirely to your judgment. Both the prisoners have gone into a defence called an alibi; with regard to which, if it be true, I shall observe, that it is the best defence that can be advanced. But, on the contrary, if it turns out to be untrue, it amounts to a conviction. [The learned judge then stated the testimony of the several witnesses, for the prisoners, making occasional observations thereon; at the conclusion he said]This is the whole of the evidence for the prisoners. I shall only farther observe, that if you believe the testimony of Hester Callaghan and Mary Herbert, they go completely to show, that Mac Cann was not out of his own house. Ryan has not identified the prisoners, and therefore that depends upon the testimony of Mahaffey. You have heard how far he is corroborated-you have also heard the witnesses for the prisoners, and you will see how far they corroborate or contradict the others. It is your duty to decide according to your opinion of them. I, upon the whole, you have any doubt, you should lean to the side of mercy; but that should be a rational doubt, such as men upon their oaths may entertain. And I am also to observe, that the evidence of character will tend greatly to strike the balance, if a doubt should create a balance in the case. But I am also to observe, that evidence of mere private character is not so relevant to the charge of treasou, as a character of active loyalty. The evidence is strong to show private honesty, and it may tend to show, that a man having. a character for honesty, is not likely to be concerned in treason; but we all know, that men remarkable for honesty may be deluded into schemes of treason, and therefore the only character which would be strongly applicable, would be a character for loyalty. No one of the witnesses speaks affirmatively of the loyalty of the prisoners. It is mere negative evidence as to that, "they did not hear it impeached."-Upon the whole, gentlemen, you will decide. The Jury retired for forty-seven minutes, and returned a verdict finding both prisoners GUILTY. The prisoners were remanded, and the Court adjourned at ten o'clock at night. On Friday, September 9th, the prisoners were put to the bar, and asked, what they had to say why judgment should not be pronounced against them. John Killen.-May I never enter the kingdom of Heaven if I ever handled a pike. John Mac Cann.-I never left my house, or handled a pike or pistol these five years to my knowledge. fending individuals. It was proved, that they made use of their weapons upon the bodies unfortunate men no time to make their peace of men groaning upon the ground, giving the with God; no trial was granted them, or any opportunity to make their defence-while, on the contrary, the prisoners, who were proved to have acted in this manner, had a most fair and impartial trial; they had an opportunity Their trial in this world was over, but they of offering every thing which they could. had still a more awful one to undergo, in which their happiness or misery was to be pronounced upon for ever. If they had the education of Christians, in any form of Christianity, they must be convinced that they could not be received, even by infinite mercy, except they were recommended by sincere repentance; and they could not but know, that it was essential to repentance to make an open confession of their guilt. It was their duty, and the only atonement they could make. But it was an aggravation to attempt to deceive their great Creator, who knew every sentiment of their hearts: he, therefore, entreated them, for the last time, and implored them, as they valued their eternal salvation, to disclose all they knew; and might that God, whose attribute was infinite mercy, as well as infinite justice, receive their confession and sincere repentance as an atonement for their crimes. Mr. Baron Daly proceeded to pass sentence. -He said it was with heartfelt pain, the judges were called upon, day after day, to pronounce judgment of death upon their fellow creatures; but that pain was increased manyfold, by hearing assertions of the kind which had then dropped from the prisonersa denial of guilt which had been so plainly proved, and with that denial they were about to rush into the presence of their God. Nothing but an eager desire to rescue them from the horrid impressions of their own minds, could induce him to add one word of admonition to them: it was impossible for a fellowcreature not to say a word to try to save them from eternal perdition. They were born in humble situations of life, in which happiness was as much to be found as in the most exalted situations; but they wanted what was essential to happiness, a contented well regu lated mind. They were both thriving in the stations in which they were placed; but not content with honest property, they lent a wil ling ear to the suggestions of traitors, and entered into a conspiracy for the overthrow of 1. the government. They took up arms in the execution of this enterprize, but their thirst of blood was so great, that they were diverted from their original purpose, atrocious as it was, invited by the desire to imbrue their The prisoners were executed in Thomashands in the blood of unresisting and unof-street, Sentence was then pronounced in the usual form. John Mac Cann.-I hope, before it is long, you will find out the corrupt perjury of this villain. I said before, I never left my house from six o'clock that evening, and may I never enter the kingdom of Heaven, if I handled a pike, sword, or pistol, these five years. 662, Trial of JOSEPH DORAN for High Treason; before the Court holden under a Special Commission at Dublin, on Friday September the 9th: 43 GEORGE III. A. Dd. 1803.* said Joseph Doran as such false traitor as aforesaid in further prosecution of his treason and treasonable purposes aforesaid with a great multitude of persons whose names are to the said jurors unknown to wit to the number of one hundred persons and upwards armed and arrayed in a warlike manner to wit with guns swords and pikes being then and there unlawfully and traitorously assembled and gathered against our said lord the king did prepare levy ordain and make public war against our said lord the king against the duty of the allegiance of him the said Joseph Doran against the peace of our said lord the king his crown and dignity and contrary to the form of the statute in such case made and provided the devil as a false traitor against our said lord the now king his supreme true lawful and undoubted lord the cordial love and true and due obedience which every true and dutiful subject of our said sovereign lord the king towards him the said lord the king should bear wholly withdrawing and contriving and intending the peace and common tranquillity of this realm to disquiet molest and disturb and the government and constitution of this realm to change subvert and alter and our said lord the king from the royal state title honour power imperial crown and government of this realm to depose and deprive and our said lord the present king to death and final destruction to bring and put he the said Joseph Doran on the twenty-third day of July in the forty-third year of the And the jurors of our said lord the king reign of our said lord the king at New-upon their oath do further present that the street aforesaid in the county of Dublin aforesaid with force and arms falsely wickedly and traitorously did compass imagine and intend our said lord the king then and there his supreme true and lawful lord off and from the royal state crown title power and government of this realm to depose and wholly deprive and our said lord the king to kill and bring and put to death And that to fulfil perfect and bring to effect his most evil and wicked treason and treasonable imaginations and compassings aforesaid he the said Joseph Doran as such false traitor aforesaid on the said twentythird day of July in the said forty-third year of the reign of our said lord the king at New-street aforesaid in the said county of Dublin aforesaid with force and arms falsely maliciously and traitorously did conspire confederate and agree to and with divers other false traitors whose names are to the jurors aforesaid unknown to raise levy and make a public and cruel insurrection rebellion and war against our said lord the king within this realm And afterwards to wit on the said twentythird day of July in the said forty-third year of the reign of our said lord the king with force and arms at New-street aforesaid in the county of Dublin aforesaid he the said Joseph Doran as such false traitor as aforesaid in further prosecution of his treason and treasonable purposes aforesaid did arm himself with and did bear and carry a certain weapon called a pike with intent to associate himself with divers other false traitors armed with guns swords and pikes whose names are to the said jurors unknown for the purpose of raising levying and making insurrection rebellion and war against our said lord the king and of committing and perpetrating a cruel slaughter of and amongst the faithful subjects of our said lord the king within this kingdom. And that afterwards to wit on the said twenty-third day of July in the said forty-third year of the reign of our said lord the king with force and arms at New-street aforesaid in the county of Dublin aforesaid the | said Joseph Doran being a subject of our said lord the now king and not having the fear of God in his heart nor weighing the duty of his allegiance but being moved and seduced by the instigation of the devil and entirely withdrawing the love and true and due obedience which every subject of our said lord the king should and of right ought to bear towards our said sovereign lord the king and wickedly devising and intending to disturb the peace and public tranquillity of this kingdom on the twentythird day of July in the forty-third year of the reign of our said lord the king with force and arms at New-street aforesaid in the county of Dublin aforesaid unlawfully maliciously and traitorously did compass imagine and intend to raise and levy war insurrection and rebellion against our said lord the king within this kingdom And in order to fulfil and bring to effect the said traitorous compassings imaginations and intentions last mentioned of him the said Joseph Doran he the said Joseph Doran afterwards to wit on the said twenty-third day of July in the forty-third year of the reign of our said lord the king with force and arms at Newstreet in the county of Dublin aforesaid with a great multitude of persons whose names are to the said jurors unknown to a great number to wit to the number of one hundred persons and upwards armed and arrayed in a warlike manner to wit with guns swords and pikes being then and there unlawfully maliciously and traitorously assembled and gathered together against our said lord the now king most wickedly maliciously and traitorously did ordain levy and make public war against our said lord the king his supreme and undoubted lord contrary to the duty of the allegiance of him the said Joseph Doran against the peace of our said lord the king his crown and dignity and contrary to the form of the statute in such case made and provided The prisoner pleaded Not Guilty, and being now put to his challenges, the following jury of the county of Dublin was sworn, after two were set by on behalf of the crown, one The Counsel and Agents for the Crown were the same as in Rourke's trial. Counsel for the Prisoner, Mr. Mac Nally. Mr. Prime Sergeant.-My Lords, and Genmen of the Jury ;-The prisoner at the bar is 'one of those wretched persons who are charged with being concerned in the horrid atrocities of the night of the 23rd of July. Great as his guilt is, the circumstances which I have to state are very few, and the case is very plain. One circumstance of enormity is superadded to those of the other persons who have been tried at this commission,-that the prisoner was a man who was received into the king's employment. He was employed in the King's Ordnance in the Lower Castleyard, and you, gentlemen, will be satisfied of his identity by some of the persons who worked there. Upon the night of the 23rd of July, a number of persons, armed with pikes, were seen proceeding through New-street. They were divided into two parties; one proceeded through Freestone-alley; and the witness who will be produced to you observed the prisoner, who had two pikes, one upon cach shoulder, walking with this party and conversing with them. The witness knew his person, and where he worked, but did not know his name. The witness, who is a young boy, apprentice to his father, immediately communicated the matter to his father, which I mention in corroboration of the identity of the prisoner. Gentlemen, these are the circumstances. The facts, if proved, are simple and convincing. It has been the uniform practice of the counsel for the crown to confine themselves to a mere statement of the facts, without co louring or ornamenting, beyond the mere enormity of the facts themselves. Edward Wilson, esq. sworn and examined. The witness upon his direct examination gave the same evidence as upon the former trials. [Vide Kearney's case, p. 711.] Edward Wilson, esq. cross-examined by All that you saw was in the city of Dublin? -No; I saw some things in New-street, in the county. It was a continued scene of confusion and warfare; though I was bleeding much, I continued up the whole night, and we were firing and taking up prisoners the t whole night. There were some horsemen appeared in New-street, and I desired them to stop; but they turned back, and I desired a soldier to fire at them, but he missed them. Court. What marks of confusion did you see in New-street?-I saw men with pikes, and they were stopped by the watchmen and kept in custody till morning, when they were delivered up to prison. A Juror. Did you yourself see any men with pikes in the county of Dublin ?—No; but I saw the watchmen bring them up, and the watchmen had the pikes in their hands, and the prisoners confessed they had the pikes. Lieut. Coultman sworn and examined. This witness gave the same evidence as upon the former trials. [Vide Kearney's case, p. 719.] Be pleased to give an account of what happened at the Coombe upon the night of the 23rd of July?-I had charge of the guardhouse upon the Coombe. That is in the county of Dublin?-It is: one part of the street is in the county, the other in the city. An attack was made upon me by three or four hundred people, as well as I could judge from the pikes; as it was dark, I did not distinguish the men, but I heard from others, that there was not room for them to come down; after the first volley I heard a leader urging them to come on, but upon the second they fled, and I gave them a third as they turned the corner of Francisstreet. [Not cross-examined.] William Harrow called.-Examined by the Court. How old are you?-Going on thirteen. Have you been educated by being taught your prayers and catechism ?—Yes, sir. Do you know what an oath is ?—Yes. What would become of you if you were to swear falsely?—I would go to hell. The witness was then sworn.-Examined by Mr. Prime Sergeant. Consider, before you say any thing, that a man's life depends upon what you say, and therefore consider before you answer. Where do you work?-In the Ordnance-yard. With whom do you work there?-With captain Godfrey. Are you an apprentice?-Yes, sir, to my father. What is his name?--Thomas Harrow. |