Mr. Justice Finucane.-Thomas Maxwell Roche, you have been indicted for the highest of all crimes, compassing the death of the king, and raising and levying cruel war and rebellion in the city of Dublin. You have been tried for this offence, and upon the fullest and clearest evidence convicted; the evidence was such as to leave no doubt in the mind of any man who heard it. For my part, I lament most sincerely from my heart your unhappy fate, and that of those who have been deluded with you by your enemies into shameful combinations of this sort, against all social happiness, and for the overthrow of all government. I feel, deluded as they are, that they are my countrymen and friends that in their misery or prosperity every thing which is dear and valuable to me is involved; I cannot, therefore, but feel for them, and am surprised, that after so many unsuccessful attempts, they still suffer themselves to be deluded, year after year, in the pursuit of impossible benefits, by artful and designing persons, who promise them the wealth of the rich and the lands of the country-phantoms and notions of this sort never can be realised. The people of this country, before the introduction of French principles among us, were reckoned a shrewd and sensible people; but these phantoms raised in their minds, and introduced by French politics and principles, have totally turned the heads of the unfortunate people of the country. How much easier is it, if riches were their object, to grow rich by honest industry, and the fair means which are in their power? Many instances may be adduced of men who, to the knowledge of us all, have risen from humble rank to high station by honest industry, sobriety, and frugality;-these are sure and certain means of growing rich. Why other means, dangerous, hazardous, and uncertain, are pursued, is really astonishing to me. I beseech every man who hears me to take warning by the fate of the unhappy man at the bar; let them pursue the honest means of growing rich, if riches be their object, and they cannot fail. I give this advice in sincerity, and from the purest affection and regard. It remains now only for me to pronounce the sentence of the law, which I do with as much pain as you can receive it. The learned judge then pronounced the sentence in the usual form. And the prisoner was executed the next day, in Thomas-street, pursuant to his sentence. 656. Trial of OWEN KIRWAN for High Treason; before the Court holden under a Special Commission at Dublin, on Thursday September the 1st: 43 GEORGE III. A. D. 1803.* County of the City of THE jurors of our Dublin, to wit. lord the king upon oath present that Owen Kirwan late of Plunket-street in the city and county of the city of Dublin taylor 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 withdrawing and From the report of William Ridgeway, esq. barrister at law. The preliminary proceedings will be found at the beginning of Kearney's trial, p. 683. contriving and intending the peace and common tranquillity of this kingdom to disquiet molest and disturb and the government and and alter and our said lord the king from the constitution of this realm to change subvert royal state title honour power imperial crown and government of this his kingdom to depose and deprive and our said lord the present king to death and final destruction to bring and put he the said Owen Kirwan on the twenty-third day of July in the forty-third year of the reign of our said lord the king at Plunketstreet 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 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 Owen Kirwan as such false traitor as aforesaid on the said twentythird day of July in the said forty-third year of the reign of our said lord the king, at Plunket -street aforesaid in the city and county of the city 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 sovereign lord the king within this kingdom And that afterwards to wit on the said third day of July in the said forty-third year of the reign of our said lord the king with force and arms at Plunket-street aforesaid in the city and county of the city of Dublin aforesaid the said Owen Kirwan as such false traitoras 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 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 Plunket-street aforesaid in the city and county of the city of Dub lin aforesaid the said Owen Kirwan as such 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 Owen Kirwan he the said Owen Kirwan afterwards to wit on the twenty-third day of July in the said fortythird year of the reign of our said lord the king with force and arms at Plunket-street aforesaid in the city and county of the city 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 swords gunsand 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 prepare 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 Owen Kirwan 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. Henry Peile, asked was he ready for trial? he answered The Prisoner pleaded Not Guilty; and being he was-he was then put to his challenges, false traitor as aforesaid in further prosecution and the following jury was sworn, after eight of his treason and treasonable purposes afore-peremptory challenges by him, and three set said with a great multitude of persons whose by on the part of the crown: names are to the jurors unknown to wit to the William Edmiston, number of one hundred persons and upwards William Mullock, armed and arrayed in a warlike manner to William Andrews, wit with guns swords and pikes being then Richard Babington, and there unlawfully and traitorously assem- Henry Browne, bled and gathered against our said lord the William Murray, 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 Owen Kirwan 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 the said jurors of our said lord the king upon their oath do further present that the said Owen Kirwan 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 with drawing 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 lord the king and wickedly devising and intending to disturb the peace and public tranquillity of this kingdom on the twenty-third day of July in the forty-third year of the reign of our said lord the king with force and arms at Plunket-street afore said in the city and county of the city Arch. Buchannan. The prisoner was given in charge. Mr. Curran. Agent.-Mr. L. Mac Nally. Mr. O'Grady opened the Indictment. Mr. Attorney General.-My Lord, and Gentlemen of the Jury,-In this case, the prisoner at the bar is accused of high treason, and you are upon your oaths, to attend to the evidence which will be laid before you, and to decide upon that evidence, whether he is guilty of the charge or not.-The nature of the indictment and the overt acts to support it, will be fully explained to you by the court. I shall call your attention to the nature of the evidence we shall lay before you, in order to show the part which the prisoner took in the rebellion. Your consideration, gentle men, will be confined entirely to two points: -first, whether there existed a rebellion in this city, upon the 23rd of July last-and secondly, whether the prisoner participated in that rebellion, either by concurring in the design, or wilfully aiding in the execution of it. If you believe the facts which I am instructed to lay before you, the case will be as clear as the law arising upon them. I am instructed to state to you, that upon the evening of the 23rd of July last, it was observed, that a number of people went into the prisoner's house in Plunket-street, and that in the course of the same evening he frequently left his house with a green bag in his hand, and directed his course to Thomasstreet. He has been employed as a vender of cast clothes; and for any thing I know, might have used the bag in that way.-After he had gone and returned several times, be was observed to stand at the door with another person as it were in consultation; and at 9 o'clock a rocket was observed to rise from Thomas-street which passed nearly over the prisoner's house. The prisoner immediately exclaimed," Boys! there's a rocket!" He desired them to turn out, and they did turn out, all armed with pikes. He then put himself at the head of them with a pike upon his shoulder, and threatened vengeance to all those who should decline to assist. leads ine to think that we are not mistaken in the charge which we have brought against the prisoner, but if it shall appear that we are, I shall very sincerely participate in the happiness which you will feel in acquitting him of the accusation. Edward Wilson, esq. was sworn and examined, and gave the same evidence as before. [Vide, Kearney's case. p. 711.] Lieutenant Wheeler Coultman was sworn and examined and gave the same evidence as before. [Vide Kearney's case, p. 719.] Among the articles found, the sky-rockets were noticed as particularly applicable in the pre sent case. Thomas Rice proved the proclamation as upon the former trials. Benjamin Adams sworn.-Examined by Mr. What is your employment in life?—A silk weaver. Where do you live?-In Plunket-street. street. Do you know the prisoner?—I do. [Witness identified him.] How long have you known him?-Ten or twelve years. Where does he live?-At No. 64, Plunketstreet. Is that near where you lived?-It is almost opposite. Do you recollect the evening of the 23rd of July?—I do. Do you recollect having taken notice of any thing particular at the house of the prisoner on that evening?-I do; in the evening of the 23rd of July, I saw the prisoner go up Plunket-street towards Thomas-street, with a green bag. At this time he wore a green-coloured coat, and his wife fearing he would be remarked in that dress, followed him and forced him to put on another. His appearing thus armed upon the signal of a rocket will be material when you consider that in the rebel depôt which was discovered near Thomas-street, sky-rockets were found, which were calculated for signals in different parts of the town. The prisoner then called out, " The town is our own"-You, gentlemen, will consider what meaning is to be attributed to his conduct and to his expressions, and whether they do not clearly evince his guilt both as a conspirator and an actor. He immediately went in the direction towards Thomas-street, and in-It was half full. half an hour after, another party, headed by a man in a scarlet uniform, halted at the prisoner's house, were there furnished with refreshment, and then proceeded to Thomas street. These circumstances are so strong, that they do not involve the prisoner merely as having a pike in his hand, but they implicate him as a leader, taking an active part and heading some of the insurgents to the scene of action. Gentlemen, if these facts shall be proved, it will only remain for you to pronounce your verdict upon them. But before I conclude, I am to entreat that you will discharge from your minds any feelings or prepossessions you may have received upon this subject, and that you will attend solely to the evi dence which we shall submit to your consideration; it is of such a nature as strongly How often?-I cannot say, but it was several times. Was the bag full or empty as he went out? Was it so when he returned?-No, it was empty. How long did he stay away each time?About twenty or five and twenty minutes. While he was thus going backward and forward, did you observe any thing particular at his house ?-I saw a parcel of men going into his place. Did they goin all together?-No, they went in separately. What more did you observe?-Between eight and nine o'clock he was leaning upon the post of the door, speaking to another man. Was it day-light or dark when you observed that ?-It was not dark; it was between the two lights; I could discern them distinctly. Where were you?-Looking out from my window. What window?-In the three pair room. What did you observe?-They were discoursing, I cannot tell about what. Where? In the direction of the Coombe. Did you hear any other firing?--I did, a few shots, but not together. Did you see the prisoner again that night? Did any thing particular happen?—There What happened then?-Owen Kirwan was What is his employment?-He is a cast cloaths man. Has he any other employment?-Not that I know of. What more passed?-He said, " any man that does not turn out to night, shall surely be put to death to-morrow." Benjamin Adams cross-examined by Mr. Where do you live, do you say?—In Plunket-street. Near the prisoner?-Yes, sir, nearly oppo site. Had you been in habits of much intimacy with him?—No, only seeing him pass by. You were not acquainted with him?-I have spoken to the man, and bid him the time of the day. Might he have seen you at the time of the conversation?-He could. Did he speak to you ?-No, sir. Did he speak in a whisper ?—He did not speak at first so as that I could hear him from the window where I was. You saw him go out with a bag?—I did. Do you think there is any great harm in carrying a bag with something in it which What happened after that?-He and the you do not see?—No, sir, many a man carparty ran up the street, and they turned theries a bag without any harm. corner towards Thomas-street. Do you not believe he is a cast clothes man How many were of the party?—About eight--I believe he was. Is it not frequent for men in that business to carry clothes which they sell to people in a bag? I believe it is. Do you not believe it is the common practice of tailors and persons of that kind, to carry home clothes in a bag to prevent their being dropped in the street or dirtied?—I believe so. Had he a stall in which he sold clothes?He had. Do you not believe that the clothes which were sold in the market-house were taken from the house to be so sold?—Yes. Then there were two occasions upon which the bag was used, one to take clothes to his customers, and another to take them to a place of sale. He said every man who did not turn out would be put to death the next day? He did. Did he say that to you?-No. Did he ask you to go out?—No, he did not. When did you disclose the fact, that you knew any thing about what you have given evidence of?—I never told any one, till I told it to my father. How long after the 23rd of July was that? -The next day. Then you told your father?—Yes. To whom did you tell it next?-One Mr. Dalton, belonging to the Rotunda Division. To whom next?-He desired me to go to the major. To what major?-Major Sirr. There was no kind of intimacy between you How long ago is that?-To the best of my opinion it is a year and a half ago. Did she ever return to you again?-She did. Does she live with you?-No, but we converse constantly together: we do not live together on account of her mother. Did you ever express any dissatisfaction at her staying that night at the prisoner's?-I never did. Court. You said the prisoner spoke in a whisper, or so as not to be heard?-Yes, when he conversed with the man. When he said, "Turn out, the town is our own," was that in a whisper?-No, it was loud. Did he speak loud until the rocket went off?-He did not; but then he spoke loud. Mr. Curran. What kept you at the window all this time?-I was looking out the whole night. I had sprained my wrist and was not able to work, and was at home all that day; my father was at the door in the evening, and a woman, one of his tenants pulled him by the coat and desired him to go in, saying, “This is the night there is to be a massacre." He came in and shut the door, and I went to the window, and remained there all night. Stewart Hume Douglas, esq. sworn.-Examined by Mr. O'Grady. You are an officer in his majesty's service? -I am. Were you on guard the 23rd of July last? I was. Did you command any party?—The light company of the 21st regiment. Where were they?—At the Coombe Bar rack. Did any thing particular occur to you that night?-Nothing, until I was told by magistrate Drury, that there was an expectation of a rising that night. In consequence of that, did you go out with him?—I did: the magistrate first took a serjeant and twelve men to patrole the streets; but a mob appeared coming from Meathstreet towards the guard house, I ordered all the men out and to prime and load. Court. Was the mob armed?-I cannot say at that time; it was growing dark, and they did not advance upon me. I drew out my company, and marched them in two divisions towards the mob. Mr. O'Grady-Did you meet with any obstruction?-Not till I came to the top of Meath-street, near Thomas-street when I saw in Thomas-street between 150 and 200 men drawn up with pikes on their shoulders; I there halted my men and I asked the magistrate permission to fire, which he refused. Did you do any thing to induce him to allow you to fire?-I repeatedly urged him, and my men frequently asked permission to fire. What farther occurred?-The rebels wheeled back from their centre very regularly. Court. What do you mean by regularly? in a military manner?-Yes, my lord. Mr. O'Grady.-Proceed and mention what passed ?-They then came to the charge with their pikes. What do you mean by the charge?—They brought their pikes down to the charge, in a horizontal position; after a great deal of entreaty and another great mob collecting in my rear, the magistrate permitted me to advance, but desired me not to fire, as it was not in his district. When I got leave to advance, a good many threw down their pikes which created some confusion among the rest, and they retreated towards the market-house of Thomas-street; one man about 60 or 70 years old, made an attempt with a pike upon my men; my men threw up his pike with their arms, knocked him down and piked him with his own pike. I then marched down as far as the market-house, when my men dispersed great numbers of people armed with pikes, and drove them from the market-house out through the pillars; my party collected between forty and fifty pikes which we brought away; upon getting out of the market-house, I asked Mr. Drury where he intended to take me; he said down to my own barrack, where he would allow me to fire if any attack was made. I then marched down Francisstreet and when I arrived at the barrack, I drew up my men into two parties; one fronting Meath-street, and the other to Francis-street and in about ten minutes after I was charged by the rebels from Francis-street; two or three men came forward and fired, by which two of my men were wounded, after which the party charged with a great shout; I ordered my men to fire, which seemed to check the rebels; whoever was their leader we heard him endeavouring to bring them on; but when they got the second volley they fled, and the part who had not turned the corner of Francis-street received the third volley. Did you kill any of them?—I did not like to advance my men in the dark, for fear of being surrounded, as if I had gone up |