[Case closed on behalf of the prisoner.] The evidence was not spoken to by counsel upon either side. SUMMING UP. Lord Norbury.---Gentlemen of the Jury; The prisoner stands indicted of high treason; you have heard the indictment read, and the overt acts which are applicable to the several species of treason, with which the prisoner is charged. They are sufficiently within your comprehension, and I shall only trouble you with a cursory repetition of them, in order to guide your attention, when you are applying the evidence which has been adduced to prove these overt acts. The first overt act stated in that count which charges the prisoner with compassing the king's death, is, that the prisoner did conspire and make public war and insurrection, for the purpose of overthrowing the government. Secondly, that he did associate himself with several traitors and did bear arms and carry weapons for the purpose aforesaid. Next, that in prosecution of that treason, he with a multitude of persons, armed and arrayed in a warlike manner, did levy war against the king. The next count is for conspiring to levy war; and that he did actually levy war is laid as an overt act of that latter treason. In order to support this case upon the part of the crown, the first witness examined was Mr. Wilson. [His lordship stated the whole of the evi. dence, accompanying his statement with occasional observations.] He said, the witness Fleming was charged with having violated his oath to the United Irishmen.---It could not be inferred from any principle of justice, religion, or morality, that the violation of such an oath was criminal. It was a wicked and abominable obligation, derogatory to every duty which man owed to God and his country.It was the contrivance of desperate and wicked men to secure assistance, and he who took it could only be reconciled to society by totally disregarding such an oath--it was more honoured in the breach, than in the observance. The prisoner when apprehended, said, he had been working with Mr. Jones; he had an opportunity of producing Mr. Jones, to show that fact; which would be evidence to establish the impossibility of his partaking in the guilt of the night of the 23rd of July. He was asked, "where he was upon that night;" and from that moment, and from his commit. tal, he knew, that the charge against him was the business of the 23rd of July. His exculpation then was, that he worked with Mr. Jones, whose place of residence he mentioned, but he does not produce him. I will not draw other arguments or conclusions from this conduct---that is your province--but it is material to observe, that it was competent to VOL. XXVIII. the prisoner to call Mr. Jones, or account why he did not produce him. Gentlemen, several observations have been made by the prisoner's counsel, which will be received by you with that attention, which the weight of them deserves, recommended as they are by the acknowledged talent of the advocate. Some topics, however, have been urged, which were suggested by the necessity of the case, and ought not to pass without observation. He stated the doubt of a great legal man with respect to the admission of a single corroborated accomplice as competent to convict a person accused of a crime. But it is admitted, that whatever doubt might have been formerly entertained, modern authorities have accepted of such evidence, leaving always the measure of credibility to the jury. So far, what was urged by the counsel was true. He, however, did advance and allege, that this case rested upon the uncorroborated testimony of approvers, and that it was impossible for two witnesses to form a body of evidence, sufficient to establish conviction, if each of these witnesses separately taken was himself incredible. Gentlemen, before I go into any extent of observation upon the subject, I am bound to say, that this is not the case of one uncorroborated accomplice, or of two uncorroborated accomplices; for undoubtedly here is evidence, which has been always received and considered of importance, from whence you may infer (but it is entirely for you and not for me to say), that it tends strongly to support the testimony of the accomplices, It has been held, upon principles of sound reasoning, that in addition to a body of evi, dence, where there has been primary testimony, with regard to imputed guilt, the circumstance of flight, seeming to be the consequence of that defined charge, is in contemplation of law strongly corroborative of the charge. It is said, that the act of disclosing his own guilt diminishes the credit which an accomplice otherwise might have; that demands observation, because the result is exactly the reverse in reason, law, and adjudged authorities. To render an accomplice entitled to be admitted upon the part of the crown, the disclosure of his own guilt, and the full account of his participation in it, is deemed of absolute necessity. The keeping back any thing would be an imputation upon his credit. The converse of the proposition must have its weight. In the case of Caroline Rudd, all the principles upon this subject are stated, and there it is mentioned as an incident, both to entitle the witness to credit with the jury and to favour with the crown, namely, a disclosure of the guilt, without which neither credit nor favour ought to be granted. That case came before the court of Cowp. 331, 1 Leach's Cases, Crown Law, 115. 4 M King's-bench, upon a motion to bail Mrs. Rudd, and the judges gave their opinion seriatim, so that it may be considered as a solemn adjudication. The learned counsel seemed to argue, that there was an equal obligation in the oath of the United Irishmen, and the oath to the crown, and that the degree of levity with which the witness treated them must affect his credit upon the present occasion; and that if such witnesses were multiplied ad infinitum, their evidence could not amount to more than that of an accomplice. I take it to be a principle, that if a witness be consistent with himself in every part, it is a circumstance in favour of his credit; but if another man gives the same account, and not withstanding all the sifting and examination to make them vary, they are still consistent, it is a step towards the confirmation of the first, more than if the case rested upon his solitary testimony. But these two witnesses appear to have participated in the same guilt; and it is for you, gentlemen, to decide upon their credit, after a due attention to all the circumstances which have appeared, and all the witnesses you have heard. Some observations have been made with respect to former occasions, and the dangers which arose in the times of civil war, when informers of plots came forward, and some of the ablest men in England, suffered by such testimony. I am very desirous, that every thing which can guide the mind of a jury, whether taken from history, or discussions upon all the possible mischiefs, which may arise, should go to the jury. With regard to the fabrications in other times, the objection did not now apply, because no question here was made as to the existence of the conspiracy; and that fact being admitted, the objection to the testimony of an accomplice giving a detail of the transaction would go to the rejection of such evidence altogether; and if it were true, that one accomplice was not credible, because he acknowledged his own guilt, and that he cannot be confirmed by another, though telling the precise same facts, what would become of the country, where treason is hatched in private, matured in secret, and if not disclosed by the associates in it, the guilt of all would escape? No such doctrine has been held for a century, nor since the case of Charnock, and it has been well observed, that not only policy, but legal principle and sound sense have fortified the propriety of receiving an accomplice in crimes to give evidence against his associates. As to the effect which may follow from conviction, it is not the duty of a judge to observe upon. But I am bound to tell you, that the species of evidence which has been this day submitted to you, has been often received; and under the authority of the judges of England, a man may be convicted by the testi mony of one such witnesses. But however, that is not this case. Here are two accomplices consistent, and there is another branch of evidence unimpeached, and uncontroverted, the flight of the prisoner, the assumption of a feigned name and character, and an account of his employment incompatible with the charge imputed to him; and yet no person is produced to account either for the change of name, or the route he travelled, or to show that he was employed during the period he said he was at Kilnecarrig. Gentlemen, I have stated to you the body of evidence which has been adduced to support the case on behalf of the crown. Upon the part of the prisoner two gentlemen have been examined to his character. One of them was Mr. Sanford, who says, he knew nothing of the prisoner until the 1st day of July last, that he worked for him eight or nine days, but he knew nothing of his character, The next witness was Mr. Mac Owen, who stated his knowledge of the prisoner for a considerable length of time, and deposed to his character for being a well conducted, industrious, and peaceable man, and against whom the witness never heard any thing disaffected charged, until the present accusation. With respect to the flight and change of name by the prisoner, it was said, that through weakness on account of his companion he might have changed his name without being really guilty. I do not wish to take away the effect of such an observation. But it is for you, gentlemen, to determine, whether an innocent man could be driven to so weak a subterfuge, because he was in company with another, who was supposed to be a rebel:whether that was natural conduct it is for you to determine.-I have gone through the evidence, and presumed to suggest some answers to the legal effect of the arguments urged by the counsel, not for the purpose of imputing any thing to what has been offered; but as they might operate upon men of less sagacity than you are. You will give due weight to the arguments which have been urged on behalf of the prisoner, and if you have any rational doubt, such as honest men may entertain, in discharge of your solemn duty between the prisoner and the country, you ought to acquit him. But if you find the evidence coercive and obligatory upon your minds, in that case it will be your duty to convict. Confer together upon the case, and return such verdict as will be agreeable to your own consciences and the justice of the country. The jury retired, and after deliberating five minutes, returned a verdict of GUILTY. Mr. Attorney General.--My lords, I am now to pray the judgment of the court against the prisoner. The Prisoner was accordingly called up, his indictment read, and he was asked in the usual way, what he had to say, why judgment should not be pronounced against him. Prisoner. My lord, I pray a long day.-I declare before God and the world, that I never carried a pike, nor shed a drop of human blood in anger; nor did I see lord Kilwarden, but the carriage; and of all the men I have heard of, he would be the last I would attack (if I were so infatuated as to attempt any man's life in cold blood) on account of his excellent character; and I make this declaration, as if I was appearing before the awful throne of supreme majesty. I neither had a pike, nor fired a shot, nor did I see any thing but the carriage. Let my fate be a warning to all men how they appear upon such occasions. I do not make this declaration of my innocence in expectation of a long day, which I have solicited; because, if you desire it, I am ready to go out to-morrow, conscious of my own innocence. Lord Norbury-Thomas Keenan, the interval which has been allowed you to show any reason, why the sentence of the law should not be pronounced, you have availed yourself of. But I am now to observe to you, that the crime of which you have been found guilty is high treason, for raising, and joining in an insurrection to make a cruel attempt to overthrow the government of the country. You joined with false traitors to accomplish that design, and that is a matter of which you have been so palpably and clearly convicted, that your own conscience will not suffer you to deny it, or the evidence by which the fact has been proved against you. " mercy, and to encourage his subjects to re"turn and continue in their obedience, rather "by acts of grace and mercy, than by a severe "execution of justice, not doubting, but that "however it might be received by those who are obstinately bent on the ruin of their country, it raises a due sense of gratitude "in all who have been artfully misled into "treasonable practices." The effects of that rebellion had very much subsided.-Thank God! the great body of the people returned to their allegiance. The country advanced in prosperity-men of your condition were every where employed to repair, the ravages which had been committed, and the wealth of the rich was distributed among those who chose to be industrious. And what is the season in which you have again broken out? The government was munificent and merciful. There were no severities practised upon any order, or rank of people. But a war commenced between this empire and a desperate and cruel tyrant, who has involved a great proportion of the world in trouble and misery; that was the season in which you chose to bring this calamity of rebellion upon the country. No complaint was made; nor was there foundation for any; but at midnight, without notice of any kind, you issued forth, under the auspices of a desperate set of ruffians, calling themselves "generals" -to attack-whom?-those who protected you, and were enabling you to grow wealthy, if you thought proper. Your generals, like all iniquitous conspirators, became the first fugitives;-discomfited and routed, they ranged over those mountains, which you traversed, before you reached the town of Arklow.-You went off with Mac Intosh, a brother carpenter, who came from another country, probably when disturbances were breaking out there, and brought the mischief here. Justice has overtaken you and brought you to trial.-What species of trial have you had? Is it such as a military tribunal formed under the authority of " the Provisional Government" would have allowed? Were you proceeded against hastily-without an opportunity of preparing for your defence?-You have had an opportunity since the 26th of July till this moment; and if you were an innocent, honest man employed by Mr. Jones, of Kilnecarrig, you could have brought him forward. I am sure it is no wish of mine to load you with more atrocities than may be absolutely necessary to impress you with a due sense of your situation. If I knew how to wipe away the offences which have been fastened upon you by the law and the verdict of the jury, I would endeavour to console you. But as to your having joined in a conspiracy with desperate and cruel men to overthrow every thing which is valuable to society, you have not the hardihood to deny it. You have been engaged in the most cruel, unprovoked, and unnatural rebellion that is to be heard of in the history" of the world. It was so groundless, so unprovoked, and unnatural, that not a single word has been, or can be said either in public or private in favour of the men, who have been engaged in it. You were living under the protection of the most free government in the world. You are an artificer, capable of earning a livelihood, and even of acquiring wealth: but you abandoned those comforts, and joined in treasonable designs to destroy that constitution which protected you; and this, with a knowledge of the fate of a former attempt in 1798, which was put down, after bringing numerous mischiefs upon the country. After making a few necessary examples, the king came to his parliament to obtain its assistance to frame an act of general pardon, inviting all his rebellious subjects back to their allegiance. The act of 1798 recites, "The king's desire to show his royal inclination to But you make an excuse now, that you did not kill any man in cold blood, or in anger. But you joined in a conspiracy, which, if it had succeeded, would have deluged the country in blood. You supported that conspiracy as far as you could, and you claim the protection of innocence now, because you say, you did not murder any individual; I tell you this, that you were guilty of the murder of every individual who fell that night, if you engaged in the conspiracy and supported it, as appears, until you were stopped by the king's forces.-There was not a murder committed of which you had not a share. I will not consume more of the public time, than is necessary. But you have talked of another tribunal, before which you are to appear. I wish to prepare you for it; and if I had a word of comfort to give you before that awful sentence, which must send you there, I would give it to you. Because it is not for the purpose of making use of severe expressions that I address you; it is only to remind you of that fate, which your crimes have brought upon you and public example requires. | brought forward to the bar of justice, that therefore you are to hope any such concealment can avail before the Searcher of all hearts. I beg you to use the time which is left for you in preparing for eternity. With this exhortation, I leave you, to pronounce the dreadful sentence of the law, which I do with great pain and feeling; though it is a sentence of justice which all men are doomed to suffer who violate those laws under which they might live with comfort and happiness. The learned judge then pronounced the sentence in the usual form. You are to appear before a dread tribunal, where the secrets of all men's hearts are unfolded beyond the possibility of concealment. The prisoner was executed in ThomasIt is not because works of darkness-midnight street, on Wednesday, 5th October. assassination-escape the light until they are 668. Trial of DENIS LAMBERT REDMOND for High Treason; before the Court holden under a Special Commission at Dublin, on Wednesday October the 5th: 43 GEORGE III. A. D. 1803.* County of Dub-THE jurors for our lord the lin to wit. king upon their oath present that Denis Lambert Redmond late of the Coal-quay in the city and county of the city of Dublin gentleman being 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 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 with drawing and contriving and intending the peace and common tranquillity of this kingdom 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 honor 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 Denis Lambert Redmond on the twenty-third day of July in the forty-third year of the reign of our said From the Report of William Ridgeway, Esq. Barrister at Law. lord the king at the Coal-quay 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 of this realm to depose and wholly deprive royal state crown title power and government 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 Denis Lambert Redmond as such false traitor as aforesaid on the said twenty-third day of July in the said forty-third year of the reign of our said lord the king at the Coal-quay aforesaid in the city and county of the city of Dublin aforesaid with force and arms falsely maliciously and traitorously did leave and go out of the dwelling house of him the said Denis Lambert Redmond there situate for the purpose of meeting advising consulting conspiring confederating and agreeing to and with divers other false traitors whose names are to the jurors aforesaid unknown of concerning and upon the raising levying and making public war against our said lord the king within this kingdom and the time place and manner of beginning and carrying on the said public war against our said lord the king And afterwards to wit on the said 23rd day of July in the said forty-third year of the reign of our said lord the king with force and arms at the Coal Quay aforesaid, in the city and county of the city of Dublin aforesaid the said Denis Lambert Redmond as such false traitor as aforesaid in further prosecution of his treasonable purposes aforesaid falsely § maliciously and traitorously did leave and go out of the dwelling house of some person to the jurors unknown, there situate for the purpose of meeting advising consulting conspiring confederating and agree ing to and with divers other false traitors whose names are to the said jurors unknown of and concerning and upon the raising levying and making public war against our said lord the king within this kingdom and the time place and manner of beginning and carrying on the said public war against our said lord the king And afterwards to wit on the said 23rd day of July in the said forty-third year of the reign of our said lord the king with force and arms at the Coal-quay aforesaid the said Denis Lambert Redmond as such false traitor as aforesaid in further prosecution of his treason and treasonable purposes aforesaid 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 sovereign lord the king within this kingdom. 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 the Coal-quay aforesaid in the city and county of the city of Dublin aforesaid he the said Denis Lambert Redmond as such false traitor as aforesaid in further prosecution of his treason and treasonable purposes aforesaid falsely maliciously and traitorously did make and prepare and did cause to be made and prepared divers weapons called pikes with intent that divers other false traitors whose names are to the said jurors unknown should be armed with the said pikes and being so armed should use the same in and for the raising making and carrying on insurrection rebellion and war against our said lord the king and in and for committing and perpetrating a cruel slaughter of and amongst the faithful subjects of our said lord the king in this kingdom amongst the faithful subjects of our said lord the king in this kingdom 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 the Coal-quay aforesaid in the city and county of the city of Dublin afore said the said Denis Lambert Redmond as such false traitor as aforesaid in further prosecution of his treason and treasonable purposes afore said falsely maliciously and traitorously did employ and cause to be employed divers persons to the jurors unknown in forming shap ing and preparing divers wooden poles of a great length to wit of the length of six feet in order and with intent that a sharp pointed piece of iron should be thereafter affixed to the end of each of said poles and that divers pikes should be thereby made and constructed and that divers other false traitors to the jurors unknown should be armed with the said pikes and being so armed should use the same in and for the raising making and carrying on insurrection rebellion and war against our said lord the king and in and for committing and perpetrating a cruel slaughter of and amongst the faithful subjects of our said lord the king in this kingdom And that 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 the Coal-quay aforesaid in the city and county of the city of Dublin aforesaid the said Denis Lambert Redmond 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 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 falsely maliciously and traitorously did prepare levy ordain and make public war against our said lord the king against the duty of the allegi ance of him the said Denis Lambert Redmond 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 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 And the jurors of our said lord the king force and arms at the Coal-quay aforesaid in upon their oath do further present that the the city and county of the city of Dublin said Denis Lambert Redmond being a subject aforesaid the said Denis Lambert Redmond of our said lord the now king and not having as such false traitor as aforesaid in further the fear of God in his heart nor weighing the prosecution of his treason and treasonable duty of his allegiance but being moved and purposes aforesaid falsely maliciously and seduced by the instigation of the devil and entraitorously did keep and conceal and did tirely withdrawing the love and true and due cause to be kept and concealed divers wea- obedience which every subject of our said lord pons called pikes with intent that divers other the king should and of right ought to bear to false traitors whose names are to the said wards our said sovereign lord the king and jurors unknown should be armed with the wickedly devising and intending to disturb the said pikes and being so armed should use the peace and public tranquillity of this kingdom same in and for the raising making and carry-on the twenty-third day of July in the fortying on insurrection rebellion and war against our said lord the king and in and for committing and perpetrating a cruel slaughter of and third year of the reign of our said lord the king with force and arms at the Coal-quay aforesaid in the city and county of the city |