Kinch and others went up armed with muskets, but he did not say that Shields shot him. Did he say he did not know who shot Ryan?---Yes. And did he not say the same thing here to day?---He did. And do you not believe he spoke truth? I believe he did not know who shot him. Was the substance of the testimony he gave here to day the same as that which he gave on the coroner's inquest ?---No, it was not. Explain to the Court and the gentlemen of the jury in what points it varies ---He said on the inquest that " he saw Shields and nine or ten others, four of whom had muskets; and that he heard Shields say, I will go down to the Fountain and clear the way." And was not his evidence to-day consistent with that on the inquest ?---Some part of it was, and some part of it was not. Do you think the inconsistency is, that he said things to day which he did not say on the inquest ?---Yes. Do you think his having made an omission is evidence that he committed perjury?--I cannot take upon myself to say so. Edward Wilson sworn.--Examined by You are a magistrate, and a chief peace officer?--Yes, for the Work-house division. Were you in Kevin's-street on the evening of the 14th?--I was; a gentleman called upon me, and told me that there were riotous people assembled, and that there would be mischief. I took a peace officer with me, and when we came into Kevin's street, I saw a fire at the Fountain burning furiously, and a great crowd of people assembled at it, and I turned back, in order to get some watchmen to assist and to scatter the fire with their poles. Court. Was it through fear of the crowd? ---It was not my lord; it was to get watchmen with poles to scatter the fire. Mr. Bushe.--Was the mob considerable?-There were a great many people; on coming to Patrick-street with the watchmen, we found another fire, as it was the nearest waited to have the fire scattered, and to disperse the mob; when we had done there we saw another in Patrick's-close, I took the men down and had it also scattered, the mob pelted stones at us, and some of the stones went very near me. Did you return to Kevin's-street?---I found the mob so numerous and tumultuous, that I could not disperse them without more assist ants, but I placed what men I had between the Poddle and Kevin's-street, in a narrow place, in order to prevent the two mobs from joining; the mob had tattered one house on the Poddle. Was it a yeoman's house?--I believe it was. Did you hear any expressions made use of + by the mob?---I do not recollect particularly, several persons were taken up by the constables under me. Did any thing happen on the 12th or 15th? ---I heard several windows were broken by the mob. I saw them after being broken. What description of people were they whose houses were broken?-All yeomen; and several persons were taken up who had clubs and sticks under their clothes. Were the lives of loyal men, and yeomen in danger?---On my oath I do believe they were; for I saw the houses of yeomen the windows of which were broken. The Rev. Foster Archer sworn.-Examined by Mr. O'Driscoll. Do you know William Shields, the prisoner at the bar?---Yes. How long have you known him?---Twelve or thirteen years. What have been his conduct and character during that time ?---I never heard any thing to his disadvantage: he was apprenticed from a school of which I was a governor, in Cork, and I heard that he had raised himself from the station of a journeyman to that of a master nailer. I naturally made inquiries concerning his situation and conduct in life when I came to Dublin. Where you in Dublin on the 13th ---I was. Had you an opportunity of seeing what was the state of Kevin's street on that day?---I was going home at past four o'clock in the afternoon, for I live in the neighbourhood of Clanbrassill-street, and I saw a great number of people in Kevin's-street and Bride-street, and I asked a man, who was detached from the crowd, what was the matter? and he made answer, that they were hunting an Orange-woman, who was in that house pointing to a house at the corner of Kevin's-street; I saw a person, who appeared to be the master of the house, parlying with those who were at the door, in order to protect the woman, and in the mean time a woman was let out at a side door. I heard one man say "by Jesus, we will not leave one of them in the neighbourhood, not even the long nailer." I asked him who was the long nailer? and he said "Shields." I went down Kevin's-street, and saw another mob, and went on. I saw four mobs in all. I turned up New-street, and called on justice Bell, and I took the liberty to suggest, that he ought to take out a few soldiers in order to disperse the mob, for I did think that some evil consequences would be the result of what I had seen. The Rev. Foster Archer cross-examined by Mr. Greene. I recollect, sir, you were examined as a witness on the former trial?--I was. I believe on that occasion you were only examined as to character?---That was all. Did you not think it was a material fact, that you heard expressions of the nature you mentioned on the 13th, particularly with regard to the long nailer?--I did. Did you mention a syllable of it?--I did not. How long is it since your acquaintance with the prisoner's character commenced?-From the year 1786 or 1788; I cannot exactly say. Had you any opportunity of knowing his character; but by the inquiries you made? It was not through curiosity, but because I was interested with regard to his welfare that I made the inquiries, and I was glad to hear that he had gone on so well in life, for I knew his parents had been very poor. My family, whenever there were nails wanting, got them from him, and I often heard of him. Did you not hear that, previous to the present transaction, he was in custody on a charge of riot?-I never heard of his being taken up but on the present charge. Mr. Greene.—I have nothing farther to ask you, sir, you may go down. Daniel Fearon sworn.-Examined by Mr. Where do you live?-In Portobello. Do you know the prisoner at the bar W. Shields?-I do. Be so good as to inform the Court of his general character?-I had the honour of bearing a commission in the Loyal Dublin infantry, and Shields belonged to the same corps; I have known him from about the time the rebellion commenced, and I have known him to do the duty of a yeoman, and conduct himself properly. As to his general character?—I believe he is as good and loyal a subject, and as industrious and useful a member of society, with regard to his station in life, as any one in the community. | tify or alleviate the act; and, gentlemen, be- [Here the Evidence for the Prisoner closed.] [Here his lordship entered into a minute and SUMMING UP. Mr. Justice Day.-Gentlemen of the Jury'; the prisoner William Shields, stands indicted for that he, on the 14th of July last, at Kevin's-street, did commit wilful murder upon the body of Thomas Ryan, by discharging at him a gun, charged with powder and ball. The death has been incontestibly proved before you; and that the man was killed you can have no doubt. The first question for you now, gentlemen, is, whether the prisoner is the author of the homicide which has been proved, or whether he was concerned with others in the commission of it, in the nature of an accomplice. The next is, whether (if it shall appear to you to be a clear and undoubted fact that he committed the homicide, or was concerned with others in the commission of it) he has offered any thing which can jus impartial detail of the evidence, observing and discriminating with great ability and precision on the principal points, as they appeared for or against the prisoner.] You cannot, gentlemen, but feel the striking contradictions that appear in the evidence given on both sides; and if you believe the witnesses for the prisoner, there must appear to you very great inconsistencies on the part of the witnesses for the crown. It appears that Kevin's-street, and the neighbourhood of it, on the 12th, 13th, and 14th, and 15th of July last, was in a state of the most alarming and dangerous disorder. No law seemed then to prevail, but the law of strength-and I do not recollect that there was any attempt made to quell those riots, by the extensive authority, until the 14th, or to restore the safety or tranquillity of the neighbourhood. The reason why there was not, I If we could ascertain the man who committed the homicide, we could not hesitate to say, that the homicide in this case amounted to murder. You will consider what is the evidence in this case, and what degree of credit can be given to the witnesses for the crown, who have taken upon themselves to swear that the prisoner was the person who fired the fatal shot: you will observe the gross contradictions of those people to one another, and the manner in which they gave their testimony: they have stated, that a great enmity subsisted between the parties, and that is a circumstance also for your consideration, as to the credit the witnesses are entitled to. shall not now attempt to investigate. The inhabitants of the neighbourhood seem to have been left, in a great measure, to themselves, to fight on or settle the difference between them, just as their inclination might prompt them to do: and in a case of necessity every man is called upon to protect himself in the best manner that he can; and if a man is found armed, under those circumstances, it is not an unlawful act. That there was such a necessity existing, you can have no doubt, if you believe the witnesses on the part of the prisoner; but, if you believe the witnesses on the other side, any defence grounded upon circumstances of that kind, is entirely out of the case. If however you believe the witnesses for the prisoner, it is perfectly natural Those yeomen seem to have armed themthat the yeomen, of which description of per- selves for a lawful purpose, and theydo not seem sons the prisoner was one, should arm them to have gone out with a felonious intent, but for selves for the protection of their own persons, the purpose of endeavouring to quell the disand for the safeguard of their houses. It has ap- turbance and and restore public order; if so peared in evidence, that one of the witnesses for it was a laudable and commendable purpose, the crown, when on the coroner's inquest, swore and they are not all answerable for an act that he had heard the prisoner Shields say, done by an individual of that party, unless it "that he would go to the Fountain and clear the shall appear that they were concerned with way." It was very justifiable in those yeomen him in the commission of it. In the execution who had become obnoxious to persons of ano- of this spirited and laudable purpose a felony ther description, that they should endeavour to was committed, and I shall not hesitate to call disperse the mob who were assembled, for they it murder; but it was committed only by the were not obliged to wait for an actual attack one man who fired the fatal shot; if it apupon their persons, and if such an attack was peared that the muskets which were fired by necessary for their justification you have the the others of the party had been loaded with evidence before you, if you believe the wit-mortal materials, there could not be a doubt nesses on behalf of the prisoner, that such an attack was made (by firing a pistol at one of those persons) as would fully justify them sallying out to defend themselves. If the case rested upon this justification, it would be a simple case for you and the Court to decide upon; but it appears that these yeomen went farther, and fired upon the mob, without any absolute necessity for so doing. No killing can be justified but where there exists an absolute necessity for committing the act, and evidence of that kind must be produced by any person to whom homicide is brought home, in order to justify it or reduce it to manslaughter, or else he must show, that it was done by misfortune without any mischievous intent; for the law is, that homicide is murder unless the person charged with it can produce evidence to justify or mitigate it. In the present case, it does not appear that the mob made any attack upon the armed party, for then they would have fired in their own defence, but this case does not seem to be excuseable in this way, the shots seem to have been fired (quasi timore) as if through fear that they would have been attacked, for it seems to have been a step taken without any necessity. of their guilt, but no proof of that kind has appeared; it has rather appeared by the evidence, that they were not loaded with mortal materials, or much more mischief would have ensued. It is for your consideration, gentlemen, whether he fired the fatal shot or not, and what credit is to be given to the persons who swore positively that the prisoner committed it. If, gentlemen, you believe that the prisoner was the person who fired the fatal shot, you will find him guilty of murder. But, if you believe that he came there with others armed to make the party appear more formidable, without any felonious intent, and that it was not he who fired the fatal shot, you ought to acquit him. And, gentlemen of the jury, if, upon duly weighing the evidence given on both sides, you shall entertain a reasonable doubt as to the identity of the prisoner, he is entitled to the benefit of that doubt, and you will in such case give a verdict in his favour. The Jury retired for half an hour, and returned with a verdict of acquittal. The prisoner was immediately discharged. TRIALS FOR THE IRISH INSURRECTION. 654. Proceedings on the Trial of EDWARD KEARNEY for High Treason; tried before the Court holden under a Special Commission at Dublin on Wednesday August 31st: 43 GEORGE III. A. D. 1803.* PRELIMINARY PROCEEDINGS. ON the night of Saturday the 23rd of July 1803, a rebellious insurrection broke out in the county and city of Dublin; the most flagitious outrages were committed, and the right hon. lord Kilwarden, chief justice of the King's-bench, together with his nephew the rev. Richard Wolfe, and several others were barbarously murdered by a tumultuous assemblage of people armed with pikes and other offensive weapons.-The insurgents however were soon defeated by the rapid and courageous exertions of the garrison and yeomanry of Dublin, and a number of prisoners having been taken, a special commis. sion of Oyer and Terminer for the county and city of Dublin, passed the great seal for the purpose of trying them. Mr. Justice Downes-(Lord Norbury being detained on circuit) delivered the following Gentlemen of both these Grand Juries;-You are called on to execute an important duty to your country,-that of a grand inquest to inquire on behalf of his majesty, whether sufficient grounds exist to put upon their trials any of the prisoners in the gaols of your counties respectively, against whom bills of indictment shall be laid before you. The commission was directed to the right hon. lord Norbury, chief justice of the Common Pleas, William Downes, esq. second jus-charge:tice of the King's-bench, Mathias Finucane, esq. second justice of the Common Pleas, Denis George, esq. second baron of the Exchequer, and St. George Daly, esq. third baron of the Exchequer, appointing them, or any of them, justices and commissioners of Oyer and Terminer, within the county of the city of Dublin, to hear and determine all treasons, misprisions of treasons, murders and manslaughters committed in said counties, or either of them. Under this commission, the court was opened by the hon. Mr. Justice Downes, the hon. Mr. Justice Finucane and the hon. Mr. Baron Daly, at the Sessions House in Green street, on the 24th day of August 1803, when the following grand juries were sworn: The commission under which we sit, and which you have heard read, is substantially the same with that under the authority of which you have been used to see the king's judges administer the law in this place, where most of you have often given your assistance in the same situation in which you are now called on to act. With respect therefore to the general nature of your duty in inquiring into ordinary offences, you do not stand in need of any instructions or advice from this bench. But yet I feel that under the circumstances in which we are called upon now, to execute the duties imposed upon us, it may be not altogether useless that I should address a few words to you. You are called together as grand jurors at an unusual time; the offences which will come before you, and which will form the principal, if not the only objects of your inquiry are of an uncommon nature: the pub lic peace has lately been violently broken, and that so notoriously, that no man is ignorant of it; and with that degree of audacity that it has induced his majesty's government to lose no time in having the circumstances which attended that outrage judicially inquired into and it has been thought proper, as soon as the minds of the public should be composed and tranquillized after what has happened, to bring before you the inquiry upon which you are now to enter. multitude; and doubtless in a great number of instances it had, and notwithstanding the outrages which will be the subject of your inquiry, no doubt can be entertained, that very many of those formerly implicated in the guilt of rebellion, have availed themselves of his majesty's mercy, and retired into peace and industry; and I believe there is good ground to expect that many of that description from a thorough conviction of the falsehood of the pretences by which they were From an inspection of some of the inform-formerly seduced, by the experience of the ations, which have been laid before me, I am led to believe, that indictments will be sent up to you, charging some individuals with the greatest crime known to the law-that of high treason. For very many years, and until a very short time before the late rebellion broke out, this offence was unknown in this country; peace and internal tranquillity, with their natural consequences, public prosperity and rapid national improvement, gave us grounds to hope that this island (in many respects peculiarly favoured by Providence) would have continued to be conscious of the blessings it enjoyed, and anxious to preserve them. But unhappily some artful and wicked men, under the fallacious promises of impossible benefits, and suggesting schemes of fancied improvements of the constitution, which they knew to be impracticable, and did not wish to realise, concealed for a time under such pretences the design of utterly destroying the legal government of the country, and substituting in its place the wretched anarchy, inconsistent with all social happiness and genuine liberty, which they call a republic, founded on the model of that ever-changing system adopted in France, which has occasioned more misery than history has ever attributed to any other conspiracy against the happiness of mankind. Such men, meditating the destruction of every thing that was dear to us, as subjects of a free country, enjoying more rational liberty than any other on the globe, except Great Britain, and equal in that respect with her, excited, prepared, and matured a dreadful rebellion, and did not hesitate to call in the aid of a foreign enemy, and with equal folly and wickedness expected that they should themselves obtain that power of which the state should be deprived. misery occasioned by the outrages committed, and by the observation of the consequences that the baneful principles disseminated among them had produced in other countries where they unhappily had prevailed; would be found ready, if the necessity should arise, to give to the king's government effective aid. But unhappily I fear from the informations that have been laid before me of witnesses who will be submitted to your examination, it will appear that there still exist wicked and designing men, enemies to public tranquillity. capable of exciting a furious multitude to every enormity; and it will be for you to consider the facts of the outrages committed, with what object they have been accompanied, and whether any and which of the prisoners have participated in those facts and in that object. It is my duty to make some observations on the general nature of the facts charged in those informations, and to state to you the law as applicable to them, in the different aspects in which those facts may be viewed; and in doing so I shall not advert to the particular case of any individual. It is probable that indictments for high treason may be sent up to you against some of the prisoners in custody, grounded on the statute of 25th Edward 3rd, upon which the law of treason in this country rests; those branches of the statute more particularly necessary to be adverted to, are those which declare it to be high treason where a man doth compass or imagine the death of our lord the king, or secondly, if a man do levy war against our lord the king in his realm. Those two clauses of the statute are the most material to be adverted to on this occasion---there is however another clause of that statute which by possibility may The exertions of his majesty's government, come under consideration; and that is aided most powerfully by his loyal subjects, (in the words of the statute) if a man be speedily proved that the attempt was vain-adherent to the king's enemies in his the open rebellion was crushed and the foreign enemy defeated-firmness and lenity were in their turn applied as the circumstances seemed to the government to require, and tranquillity was apparently restored. Among the measures wisely resorted to on that occasion, an act of general pardon with some few and very proper exceptions was enacted-this wise and humane measure might naturally have been expected to have had great influence on the ininds of a deluded realm, giving them aid and comfort in the realm or elsewhere. That offence so described is, as well as the other two I have mentioned, by that statute declared to be high treason. I do not know whether it be intended to send for your consideration any indictment grounded on that clause in the statute, it may be sufficient to state to you upon it, that any act whatever by which the public enemy is aided or encouraged, any act by which the enemy is strengthened and the king's hands are |