Lord Kilwarden.-This gentleman says, that Mr. Hevey was set at liberty, and that Mr. Sirr refused to accept the apology.

Was the certificate sent to Mr. Sandys to discharge Mr. Hevey?-I suppose it was lodged with Mr. Sandys or he could have no power to discharge him.

Mr. Sirr must have known it?—I believe he must have heard it.

What brought you to Mr. Sirr's office?-I went merely out of curiosity.

You believe that Mr. Hevey has been discharged regularly?-Mr. Sirr must have believed it as well as me.

Do you believe that Mr. Sirr knew at the time of the arrest, that Mr. Hevey had been regularly discharged?-I believe he might not then have known it.

Do you believe that was the case?Yes.

Did you see the original order by the lord lieutenant, to discharge Mr. Hevey?—I saw a copy of it.

When was Mr. Hevey tried at Kilkenny?In 1798.

How long did he remain in prison?—I do not know how long.

Did not the lord lieutenant go into the country, and there release many prisoners?He surely did.

Had prisoners discharged any protections given them?-Almost all the rebels who were discharged, had protections; I suppose

SO.

[Case closed on the part of the Defendant.] Mr. Plunkett.-Mr. Hevey had been brought up before Mr. Justice Chamberlain, and the return was, that he had been arrested by the authority of general Craig.

Mr. Plunkett.—My lord, and gentlemen of the Jury;-In this case I am counsel for major Sirr. This is an action brought by plaintiff, for arresting him in the coffee-house of the Commercial Buildings.-I was in hopes it would not have been necessary for me to address you: had it not been that my learned friend, Mr. Barrington, mentioned his intention of addressing you on the part of his client; it therefore becomes my duty to offer a few words to you on the part of major

Sirr.

My lords, and gentlemen of the jury, this is +

an action brought by Mr. Hevey the plaintiff, for an assault and false imprisonment, and the plaintiff has laid his damages at the enormous sum of 5,000l., and requires you upon your oaths to find a verdict to that amount, as a compensation for the injury he alleges to have sustained. Let me ask why are these excessive damages demanded? It is in order to show to the inhabitants of our sister kingdom that we were absolute slaves:-I do be lieve we enjoy the blessings of liberty here, as much as in our sister kingdom, notwithstanding what has been said by my learned friend. I differ from my learned friend, who advised you to find a verdict for 5,000l. for if you should find your verdict against my client you will no doubt find a verdict with very small damages. I know you will be addressed by my learned friend who follows me, but if he confines himself to the naked question in this case, his argument cannot take up much time; he has been lately in the habit of addressing himself to the citizens of Dublin, and he is anxious that the real sentiments of his mind shall be known to them.

Gentlemen of the jury, one ground on which you have been called upon, to give such large damages to the plaintiff is, that Hevey was imprisoned through the malice of the defendant; let us examine whether in truth there was any malicious motive which induced the transaction that has given rise to this action for damages. Mr. Hevey, it has been stated to you, has been held by his fellow-citizens in the most respectable light, and that he was happy in enjoying the good esteem and society of the principal traders in this metropolis. Gentlemen it has appeared in evidence, that in 1798 Mr. Hevey was a yeoman; he appeared then as one of those gallant volunteers, who in the hour of peril and danger boldly stepped forward to crush the rebellion; it is to the efforts of the volunteers that we now enjoy our tranquillity; we relied on the protection of the yeomanry of of Ireland for its defence-upon the faith of the loyalty of the yeomanry we placed the greatest confidence. Mr. Hevey was in 1798 those illustrious bands; he must as such, a yeoman, he appeared in the uniform of have taken the oaths of allegiance, and other oaths as a yeoman, to do the duty his station required. The loyalty of the yeomanry of Ireland obtained the approbation of government. The loyalty of Mr. Hevey was however doubted, notwithstanding he did appear as a yeoman in uniform. There was a charge exhibited against him, of being active in the rebellion, although he had taken the oath of allegiance, and that he was a rebel; he was thereupon apprehended on the charge of high treason, and he was brought up a prisoner to the Royal Exchange, from thence he was committed a prisoner to the Provost, and thence sent to Kilkenny, where he was tried and found guilty, by a court-martial, and received sentence to be transported for seven

years, which sentence lord Cornwallis was pleased to revoke. But, gentlemen of the jury, he was found guilty by the court-martial, and you can have now not any doubt of the fact; you have no foundation now to say he was then innocent, for the court-martial found him guilty of hightreason; he had broken the oath of allegiance, which as a yeoman he had taken. The lenity of government did extend to him, and the sentence of transportation against him was reversed, and he was enlarged, having given security for his keeping the peace. Now gentlemen of the jury, it was under these circumstances he was enlarged, and he appeared at large; but whether he got a licence to impower him to be at large, does not appear in evidence. Mr. Sirr, was a magistrate, to whose meritorious services, this nation is highly indebted for its preservation: he was a gentleman by whose exertions many persons accused of high treason, were apprehended. Mr. Sirr had no personal knowledge of the plaintiff before the night of the 8th of September, and he had no previous malice against him; there was not an atom of malice on the part of Mr. Sirr. On the night of the 8th of September Mr. Sirr was sitting in the Commercial coffee-room with some gentlemen, and a person came into the coffee-room whom Mr. Sirr was told was of the name of Hevey, Mr. Sirr recollected there was a man of that name, who had in 1798 been tried at Kilkenny, and had been sentenced to transportation; he therefore conceived it proper to inquire, why he appeared at large; and after some little conversation, Mr. Sirr asked Mr. Hevey to show him his protection; Mr. Hevey, in a blustering swaggering manner, thought proper to refuse to give him any satisfactory answer; then, said Mr. Sirr, if you do not give me a satisfactory answer as to that point, I must arrest you till the truth is inquired into. If you have a protection tell me where I can see it; Mr. Hevey did tell Mr. Sirr at his office, he might go and ask his betters for it. There was a person of the name of Maguire (but not the Mr. Maguire who was produced as a witness on this table) who had been tried on a charge of high treason, when a witness who appeared on the part of the prosecution, was, as alleged by Mr. Hevey, a person of infamous character; and Hevey gave evidence of it; and that Maguire it appears was acquitted. But let me ask, is that transaction any ground for you, gentlemen of the jury, to believe that there was any malice in the mind of Mr. Sirr against the plaintiff? but I shall not detain you on this part of the case. Gentlemen, it is evident that there could not exist any malice in the mind of Mr. Sirr, previous to the 8th of September; now, let us examine into the transactions which took place between plaintiff and defendant on that day. Mr. Sirr and a gentleman with him, was sitting in the Commercial coffee-room, and the gentleman said to Mr. Sirr, your residence in the coun

try is amongst many of those who had been rebels in 1798, and Mr. Sirr admitted it, but added these words, "he was not afraid of any of them;" Mr. Hevey happened accidentally to come into the coffee-room, and the gentleman said to Mr. Sirr, there is one of them; a person who happened to sit near the table where Mr. Sirr was sitting, heard the conversation, and these words spoken," he ought to be hanged;" although these words were spoken in a low voice, yet they were overheard, and some officious person told Hevey these words were said; on which Hevey turned round, and went up to Mr. Sirr and asked him, did he say these words; and then said, you, meaning Mr. Sirr, ought to be hanged, you are a liar; these words of Mr. Hevey were heard by every person present, as the witness this day has told you. There has been evidence laid before you of the assault and abusive words given by Mr. Hevey to Mr. Sirr, and spoke in a ferocious manner, in a public coffee-room, where many persons heard the altercation between these two persons. Mr. Sirr asked Mr. Hevey to show him his protection, which Mr. Hevey refused to do, and then Mr. Sirr said, he must detain him, till he showed him why he was seen at large, having been at Kilkenny sentenced to transportation for seven years;- Mr. Hevey did, instead of showing his protection, say to Mr. Sirr, "You ought to be hanged; you are a liar." It has appeared in evidence, that Mr. Hevey was tried for high treason, and was convicted, and was afterwards discharged by the lord lieutenant: Mr. Sirr had a right to ask Mr. Hevey why he was seen at large, and he refusing to give Mr. Sirr any satisfactory answer, Mr. Sirr did bring him to his office, in the lower Castleyard, in order to inquire into the fact, whether Mr. Hevey had, or had not, any protection granted to him, or had been pardoned, after being by the court-martial sentenced to transportation for seven years. When Mr. Sirr did bring him to his office, he asked him his name and residence, and whether he had, or had not, been tried at Kilkenny; he told Mr. Sirr that his name was Hevey, and his residence in Thomas-court, and acknowledged he had been tried at Kilkenny; but in answer to Mr. Sirr, about Mr. Hevey showing him his protection, he said, "Go ask your betters."

On which, Mr. Sirr said, I must commit you to gaol, until that matter is inquired into.

Now, gentlemen of the jury, this is the case of the plaintiff, who now brings this action, seeking for redress for the injury he has received, and he brings his action of damages, to the enormous amount of 5,000!.; who, if he had told Mr. Sirr, when asked by him had he a protection, and had then said, I have been pardoned by lord Cornwallis; there would have been an end of the business. It has been said, that Mr. Hevey was com mitted to the Provost prison, and that he was

of damages; it is for you to take into your estimation, the circumstances of the parties; it has appeared to you in evidence, that Mr. Hevey, although he was found by the courtmartial guilty, was since pardoned through the lenity and humanity of government. As to Mr. Hevey's present situation, he is now a prisoner in Newgate. You are now upon your oaths to say, what injury this man hath sustained; and to say whether or no, you will give him any more than nominal damages.

Now, gentlemen of the jury, it is for you to consider what has been the conduct of Mr. Sirr, that he should be the gentleman, who should have vindictive damages awarded against him: for what hath this gentleman done? He has merely acted in discharge of his duty, in the manner the witnesses have told you-he hath for some years taken amost active part in apprehending traitors, and in suppressing the late rebellion; and prevented thereby, the then threatened invasion of this country. His conduct has been in the highest degree praise-worthy; and until the transaction happened, which hath been the subject of this present action, no imputation whatsoever could ever be attached to him for any part of his conduct, either public or private. You cannot therefore gentlemen, but consider the conduct of Mr. Sirr, as that of a man acting in the honest exercise of his duty. Give me leave to refer to your consideration, the periods of 1798 and 1799, when the exertions of Mr. Sirr, contributed very essentially to the suppression of the rebellion ;-I shall only add, are those public services to have no weight in your mind; that you, by your verdict, would not protect him from the vindictive claim of the plaintiff, who has brought this action, and laid his dainages, at the great sum of 5,000l.? But I have no doubt, your verdict will be such, as will meet the justice of this case.

loaded with manacles; there has not been an atom of evidence given, that any kind of manacles whatsoever, was put on Mr. Hevey. Gentlemen of the jury, as to what happened to Mr. Hevey, after he was put into the Provost, in the custody of Mr. Sandys, certainly Mr. Sirr has nothing to say; for the conduct of Mr. Sandys, is not to be visited upon my client. The next day Mr. Sandys told Mr. Hevey, if he would make an apology to Mr. Sirr, he would endeavour to get him discharged. Mr. Hevey refused to make any apology, and said, he would appeal to the law; he was thereupon brought before Mr. Justice Chamberlaine, who was pleased to remand him to prison; as it appeared he was in custody, under a charge from general Craig; after this Mr. Ilevey said, he would sign an apology; but Mr. Sirr said, I do not want any apology, but as Mr. Hevey appeals to the law, I will go to Mr. Abbot, and endeavour to get the man discharged; and it appears that he has been since-that is, the 11th of September, at 12 o'clock-discharged. I do conceive the law to be, that Mr. Sirr was bound by his duty, to inquire of a man whom he saw at large, after he had been sentenced to transportation, why the sentence was not carried into execution; and to detain him a reasonable time, until that fact was inquired into. I do say he must, however, have à reasonable ground of suspicion for detaining him; in this case it is admitted that Mr. Sirr did know, that a man of the name of IIevey, had been tried at Kilkenny, and had been found guilty, and received sentence of transportation; and afterwards being pointed out to him, seeing him at large, he did inquire of him, why the sentence was not carried into execution; and though it was very easy for Mr. Hevey to have told Mr. Sirr, that he had received a pardon, he refused to give any satisfactory answer to Mr. Sirr. By the terms of the amnesty act, Mr. Hevey was called upon to produce his discharge, and show that he was discharged by due course of law; he might have said, I have a certificate of it-if Mr. Hevey had said that to Mr. Sirr, he would have been immediately discharged. In this case, Mr. Sirr had a reasonable ground for suspicion of Mr. Hevey, that is not denied; but as soon as Mr. Sirr had-about the 11th of September-discovered that Mr. Hevey had received a pardon from lord Cornwallis, when lord lieutenant, Mr. Sirr immediately went to Mr. Abbot, and obtained from him a discharge of this man from the Provost. This therefore is a good defence, on the part of my client, under the direction of the Court, in point of law, to induce you, gentlemen of the jury, to find your verdict in favour of my client; but should you, gentlemen, find a verdict for the plaintiff, the next point that comes under consideration is, whether you would only find nominal, or perhaps 6d. damages. But it is for you, gentlemen, to ascertain the quantum VOL. XXVIII.

Mr. Barrington.-My Lord, and gentlemen of the jury; In this case, I am counsel on behalf of the plaintiff, Mr. Hevey-I feel it an indispensable duty to speak to this case, as I

conceive it to be one of the greatest importance, not only to the plaintiff, but to the crown and to the country. The plaintiff has brought his action to recover damages against the defendant, for a violation of the law, and an assault upon the constitution. He has brought his case before you with confidence, and calls steadily for justice; not merely to vindicate his own character, or to avenge his own wrongs-not with the view of mercenary damages, or a malicious triumph-but he calls for justice against the public officer, who has abused the public trust in his person; and in his person has endeavoured to convert the legal authority of the crown, into a despotic instrument against the subject. My learned friend, Mr. Plunkett, has declared sincerely, his reluctance to speak to evidence; I am convinced it proceeded from an honest consciousness of a bad cause, which blunts

D