Our stat bels had staid behind, she therefore judged it requires two witnesses in treason. right to make her escape, which she effected ute does not contain that provision; but if it in a masterly manner down Dirty-lane; the were wise to enact it there as a law, it cannot rebels at the same time retiring in some dis- be other than wise to adopt it here as a prinorder from the Poddle, being hard pressed by ciple, unless you think it discreet to hold it the poles and lanterns of the watchmen, and out, as your opinion, that the life of man is being additionally galled by Mr. Justice not as valuable here, and ought not to be as Drury, who came to a most unerring aim upon secure as in the other part of the empire; untheir rear, on which he played without any less you wish to prove your capability of equal intermission with a spy-glass from his dining-rights and equal liberty with Britain, by conroom window! Rarò antecedentem scelestum signing to the scaffold your miserable fellowdeseruit pana pede claudo. It is clearly ascer- subject, who, if tried in England on the same tained she did not appear in her own clothes, charge and the same evidence, would by law for she threw away her regimental jacket be- be entitled to a verdict of acquittal. I trust fore she fled, which has been picked up, and you will not so blemish yourselves: I trust is now to be seen at Mr. Carleton's (a French- you will not be satisfied even with a cold imiman I suppose), at sixpence a head for grown tation of her justice, but on this occasion you persons, and three-pence for a nurse and will give her an example of magnanimity, by child. It was thought at first to be the work rising superior to the passion or the panic of of an Irish artist, who might have taken mea- the moment. sure in the absence of the wearer, but by a bill and receipt found in one of the pockets, it appears to have been made by the actual body tailor of her august highness the consort of the first consul; at present it is but poorly ornamented, and it is said the Irish volunteers have entered into a subscription to trim it, if it shall be ever worn again." Happy! most happy is it for these islands, that those rumours which are so maliciously invented and circulated to destroy our confidence in each other, to invite attack and dispirit resistance, turn out on inquiry to be so ludicrous and contemptible, that we cannot speak of them without laughter, or without wonder that they did not rather form the materials of a farce in a puppet-show, than of a grave prosecution in a court of justice. If in any ordinary case, in any ordinary time, you have any reasonable doubt of guilt, you are bound by every principle of law and justice to acquit; but I would advise you at a time like this, rather to be lavish than parsimonious in the application of that principleeven though you had the strongest suspicion of his culpability, I would advise you to acquit-you would show your confidence in your own strength-that you felt your situation too high to be affected in the smallest degree by the fate of so insignificant an individual:Turn to the miserable prisoner himself—tainted and blemished, as he possibly may be even him you may retrieve to his country and his duty by a salutary effort of seasonable magnanimity. You will inspire him with reverence for that institution, which knows when to spare, as well as when to inflictand which instead of sacrificing him to a strong suspicion of his criminality, is determined, not by the belief, but by the possibility of his innocence, and dismisses him with indignation and contemptuous mercy. Richard Wallace sworn.-Examined by Where do you live?-In Plunket-street. There is still, gentlemen of the jury, another topic material for you to be reminded of: -This is the first trial for high treason that has occurred since the union of these islands. No effectual union can be achieved by the mere letter of a statute; you may therefore declare yourselves incapable of legislation, but no mere contract can of itself work an effectual incorporation of the countries. Do not imagine, that bigotry can blend with liberality, or barbarism with civilization. If you wish really to be united with Great Britain, teach her to respect you, and do so by show--I ing her that you are fit objects of wholesome laws-by showing her that you are as capable of rising to a proud equality with her in the exercise of social duties and civil virtues, as every part of the globe has proved you to be in her fleets and her armies; show her that you can try this cause as she would try it; that you have too much sense and humanity to be borne away in your verdict by despicable panic or brutal fury; show her that in prosecutions by the state, you can even go a step beyond her, and that you can discover and act upon those eternal principles of justice, which it has been found necessary in that country to enforce by the coercion of law. You cannot but feel that I allude to the statute which Did you live there on the 23rd of July last? Do you know the prisoner?—I do. Then, he is your tenant?-He is. Do you know where the prisoner was that evening?-I do not; but he was at home at ten that night at his own door. Do you know the younger Adams?—I do. Did you see the prisoner at an earlier hour that evening?—I did not. What time did he return from his stall?— the evening?-About four or five, according as he makes a bargain. What time did you return from your work that evening ?-About nine o'clock. Were you out that evening ?-No, I went up stairs to bed, and did not rise till eight the next morning. Richard Wallace cross-examined by Why not I heard the noise and could not mud cast of mud wood ANSW was. By virtue of your oath ?-He was. ̧ ̧. Did he go to the country after that? He did, to see a child who was very bad., When did he go?-About a week after, aud the child is not well yet. Where was he taken ?—At his own place, I You say the prisoner's trade is that of a cast was by. clothes man? Yes. His usual habit was to return home about four or five in the evening?-It was according as he got bargains, he was a very honest poor man for the year and a half he was with me. Did you hear of any thing particular doing that evening?-Not any thing; only a parcel of men whom I thought watchmen, and I did not mind them. They passed towards Patrick-street?-They did. How many were there?-Seven or eight. Was that before you saw the prisoner?-It was about half an hour. You did not see any more?-No. You never saw a pike?-Not till that night. You heard of some little disturbance that night?—I did. Were you at work that night?--I was. Do you now think they were watchmen you saw?—No. What do you think they were?-It seems they were rebels. And this was before the prisoner came home?-It was. Did you see the prisoner again that night? -I did not. When did you see him next?—I heard he went to a child at nurse- When did you see him?-In about a fortnight. He brought back the child?—I cannot say; I did not see it. Where was it at nurse-I cannot tell. You counted him an honest man, could he afford to stay a fortnight at the place of his child's nurse?-I cannot say. When did you hear of the work in Thomas- Margaret Lappin sworn.-Examined by Where do you live?-In Thomas-street. Did you lie there on the night of the 23rd of July last?-1 did. Were you there all day?—I was. Did you see the prisoner on that day?—I did, the whole day, What was the latest hour you saw him?Between nine and ten, when he went to bed. Where did you sleep?-I did not sleep much that night. Margaret Lappin cross-examined by Pray, madam, me any more. -?-You need not ask Why so?-Because I know no more. Would you rather go away? You may do what you please with me; I lived three years with the prisoner, and nursed some of his children. You saw him on the next day?—I did.! Was he public all that time?-He was. He lived in the house?-He did. Could he be there without seeing the prisoner?-I cannot say. Were you in bed that night?-No; I was up and down. Where did you sleep?-In the parlour or 1 shop. 1970 How long did he stay when he went to the country-About a week. He was taken the next day after he came home? No, not till Wednesday; he came home on Saturday. Did you see nine or ten men about his house that night?-I saw no mankind there that night. You saw no arms or pikes that night?-No such thing. Hugh Kelly sworn.-Examined by Where do you live?-At No. 51, Plunketstreet. How long have you known the prisoner?— I cannot have known him less than 16 years. Were you acquainted with him?-As a neighbour in the place. What has been his general character as to loyalty or disloyalty?-I know nothing of his loyalty or disloyalty, or politics, or any thing of that kind. He was an honest industrious man, working for his family. Laurence Watson sworn.-Examined by Where do you live?-In Plunket-street; I keep a broker's shop. Do you know the prisoner ?-Since he was a child. Mr. Baron George.-Gentlemen of the Jury;-The prisoner at the bar is indicted of bigh treason, in conspiring the death of the king and levying war; and there are several overt acts laid in the indictment. I shall point your attention to those to which in my apprehension, the evidence is most applicable; because it is necessary in order to maintain indictments of this kind, that you should be satisfied, that one or more of the overt acts stated have been proved. men, others townsmen, about the hour of nine o'clock, apparently armed, speaking and consulting together: All these making off, as if with one common mind, and running down Marshal-lane towards one end of Masslane. The next thing that appears is, this crowd coming out of the other end of the lane, opening into Dirty-lane, carrying pikes upon their shoulders, moving slowly on, as if waiting for those who were arming themselves at the depôt, which was afterwards discovered to be in that lane. You are then to consider the evidence which has been given respecting the contents of that depôt, and it is for you to judge from the quantity of weapons there collected and the nature of them, whether it is likely, that they were to be used in riot, or whether they were not for some greater and higher object to be accomplished by those who collected them. There was not only a quantity of pikes thrown out to supply the number of men, who were to be armed upon that occasion, but six or seven thousand are left behind-there are ball cartridges, handgrenades, bottle shot, uniforms, colours, and rockets, and besides all these, large bundles of Proclamations, wet, as if fresh from the press;- You have heard some part of the contents read, and you observe how it is entitled, "The Provisional Government to the People of Ireland." This proclamation does in express terms declare the purpose for which those weapons were provided. The proclamations were to be distributed among the people, after the weapons, there collected, should have achieved the object for which they were collected; and these proclamations seem to point out the first arrangement intended to be made, upon the overthrow of the government. Then, gentlemen, you see farther that the multitude, then assembled, made the king's troops and forces the chief objects of their attack.-It is not essentially necessary, that it Gentlemen, the prisoner is accused of being one of a conspiracy formed to levy war against the government of the country, and of being one of a multitude of persons, armed and arrayed for the purpose of levying war, and that he did actually levy war to overthrow the go-to vernment of the country; and as I detail the evidence, you will see how far these facts have been proved. The first witness examined was Edward Wilson, [Here the learned judge minutely recapitulated the evidence from his notes, and then proceeded.] Was it re should appear, that the force collected and formed was adequate to the design of the overthrow of the government; but you are consider, what the design was. volution, or any object of less magnitude?Therefore if you cannot attribute all this preparation and conduct of the persons engaged, so far as appears to you, to any other design than revolution, you will consider whether the assertion in the indictment that war was levied against the government of the country, is true or not?-The fact does not in the defence that has been made for the prisoner Now, gentlemen, the first question for you seem to be controverted; but still you are to upon this occasion to form an opinion upon, exercise your judgment whether all those mais, whether there was in fact a rebellion or terials, thus stored up secretly were collected not?-or whether it was a rising or a riot of and provided by insurgents and part of them an inferior nature?-As to the question, whe- used by them for a public design against the ther there was a rebellion or not, you are to laws and constitution of the country? And if take into consideration all the circumstances you do believe that they were collected and of the case. You observe, that the first cir- used after for the purposes of such a conspi cumstance appearing is, knots of persons of racy and by preconcert, then the material various descriptions, some of them country-point for you to consider will be, whether this VOL. XXVIII. 3 F was known to the prisoner, or whether he took any part to carry it into execution. The evidence to show, that the prisoner had intimation of the design, rests upon the testimony of Adams, if you believe it; for every thing affecting the prisoner rests upon the credit you give the witness. From his testimony it appears, that upon the rocket going off, the prisoner made the exclamation, you have heard then had his coat changed, took up a pike, and marched at the head of seven or eight men, making the declaration, which was stated, " that all who did not join should be put to death the next day"-You will naturally ask, how could all this happen, unless he previously knew of the matter, was acquainted with the rocket and the signal it was to convey. Gentlemen, if you believe this, it is strong evidence to show that he knew of the design, and if he took up a weapon of that kind which all the other rebels had, and went in that direction where the other rebels were collected, you are to determine whether he did not move forward for the same purpose, and if you do believe it, that movement will be proof of the conspiracy and levying war, of which the prisoner is indicted. As to the testimony by which the prisoner is charged, it unquestionably requires the most serious consideration. You will observe, gentlemen, that the evidence is given by an opposite neighbour, who was acquainted with the person of the prisoner for ten or twelve years, who was looking at him for a considerable time that evening and was watching his motions. This witness has given a most particular account of all the prisoner's movements that evening, as well specifying the acts which might be indifferent, as those tending to show his knowledge of and participation in the treasonable design. Therefore it will follow that this witness cannot be supposed to be mistaken as to the person of the prisoner; but in truth this is for your consideration. If this man has been deceiving us and telling us what is not true, we must consider him to be a monster of great enormity; it is not mere perjury to swear falsely upon this occasion-to convict an innocent man, who has a wife and children, and to deprive him of life by false testimony would be a most aggravated murder. You will consider, gentlemen, what motive this young man can have to destroy his neighbour in that manner. You observed the cross-examination of the witness, and the manner in which he gave his evidence. If you believe also the fact, that the prisoner went off the next morning, it will be strong evidence to corroborate the testimony of the witness. As to the prisoner going off, there is a contrariety of evidence, which it is exclusively your province to decide upon. You will also take into consideration the testimony of Margaret Lappin, stating, that the prisoner was at home the entire of the day and went to bed at ten o'clock, and did not go out. If you believe her evidence it is impossible that the prisoner could be guilty of the facts stated by the witness for the prosecution. Therefore, gentlemen, upon the whole of the case, you are to determine, whether the testimony of Adams is to be believed or not; because if it is to be believed, it is our duty to tell you, that it proves the overt acts in the indictment. But if you have such doubts as reasonable men may entertain in such a case, it is your duty to acquit the prisoner. The jury retired, and after deliberating for. five minutes, returned a verdict of GUILTY. The prisoner was remanded. On Friday the 2nd of September the prisoner was brought up for judgment. The indictment was read, and he was asked, what he had to say, why judgment of death and execution should not be awarded against him? Prisoner. I have nothing to say, but that I was prosecuted wrongfully, I beg the mercy of the Court, and to have the benefit of clergy. Mr. Mac Nally intimated, that the prisoner's desire was, to have a clergyman of his own persuasion to visit him. Mr. Attorney General said he was not aware that any difficulty occurred in that respect, but he would give a general order that a proper person should be admitted. Mr. Baron George.*—Owen Kirwan, after a full and patient hearing-after a most minute and impartial investigation of the charge preferred against you, you have been convicted of high treason. It appears that you were a dealer in old clothes, and that you used the semblance of industry for the most wicked and destructive purpose,-a purpose which, could you and your unprincipled and cruel associates effect, would dry up all the sources of industry, confound all order, destroy all security, and leave your country a hideous ruin. It appears that you were an active emissary of rebellion, and had obtained, by that activity, the rank of a leader:-You were not of the multitude of devoted victims, who are led to slaughter and plunged in crime, by imposition on their ignorance and their passions; you seemed perfectly aware of what you were about, well acquainted with the plan and views of rebellion, and you engaged in it with cool deliberation and systematic wickedness. You were calmly tried, and ably defended; that defence was heard with patience, and you have had every advantage possible to be derived from the laws-more tender of the life This address to the prisoner, on passing sentence was very much abridged in Mr. Ridgeway's report, but it is printed in the text entire. of the subject, and all the rights attached to society, than those of any other country upon the face of the earth and surely, when the excellence of those laws is considered, the protection they afford, and the pure and rational freedom enjoyed under our unequalled constitution, it is truly astonishing that any man, or body of men, could be found meditating or attempting the destruction of so beautiful a system! It would be incredible, if proof's the most melancholy were not fur nished of the contrary, that such men could be found living under the dominion of a sovereign who has given to his people, and to the people of this country in particular, fortythree years experience of the most exalted virtues, and the most parental anxiety for their happiness and welfare. But if, insensible to the beauties of our constitution, and the allegiance which wisdom and goodness should have endeared to you and your associates in crime, it is wonderful how you could be so insensible to your own safety-so wretchedly insane-as to think, but for one moment, that you could seize upon a government fenced round by such impregnable support-such great wealth and power,-such Joyalty in the people,-and such great armies formidable in numbers, in discipline, and in bravery-How is it possible that you could be so mad as to think that any rabble insur rection could disturb a government not undefined, nor its members unknown?-An amiable and virtuous viceroy, the faithful representative of his sovereign's goodness, is open to access, and visible to those he governs; every member of his administration is the same, none are ashamed or afraid to show their honest fronts to the mid-day sun. Owen Kirwan, I most earnestly exhort you, to use the time allotted to you in this world, in sincere and penitent endeavours to reconcile your soul to that God, before whose awful judgment seat it is to appear so soon; think only of your salvation as a contrite christian should, and do not leave this world with a lie in your mouth, and go before your Maker, swaggering in vain and boastful guilt. Believe me, unhappy man, that to disclose all you know, and thus to make to your injured country and offended God all the atonement in your power, will prove an inexpressible consolation to you in your last moments, and infuse into your soul that sweet consciousness of right, which can alone qualify the bitter draught you are about to take, and justify a hope of future pardon and happiness. Sentence of death was then passed on the prisoner, and he was accordingly executed the next day in Thomas-street. 657. Trial of JAMES BYRNE for High Treason; before the Court holden under a Special Commission at Dublin on Friday September the 2nd: 43 GEORGE III. A. D. 1803.* 《 Judges present:-Lord Norbury, Mr. Justice Finucane, Mr. Baron George, and Mr. Baron Daly. James Byrne, who had been arraigned upon the following indictment, on Wednesday the 31st of August, was put to the bar for trial. THE jurors of our instigation of 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 our said lord the king should bear wholly withdrawing and contriving and intending the peace and common tranquillity of this kingdom to disquiet constitution of this realm to change subvert molest and disturb and the government and and alter and our said lord the king from the royal state title honour power imperial crown and government of this kingdom to depose County of the City lord the king upon and deprive and our said lord the present king Dublin, to wit, their oath present that James Byrne late of Thomas-street, in the city and county of the city of Dublin yeoinan a subject of our said lord the now king not having the fear of God in his heart nor weighing the duty of his allegiance but being moved and seduced by the *From the Report of W. Ridgeway, esq. barrister at law. The preliminary proceedings will be found in Kearney's case, antè. to death and final destruction to bring and to put he the said James Byrne on the 23rd day of July in the 43rd year of the reign of our said lord the king at Thomas-street aforesaid in the city and county of the city 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 of and from the royal state crown title power and government of this realm to depose and wholly deprive |