The prisoner at the bar stands indicted for high treason, in compassing and imagining the death of the king, and also in levying and making war, insurrection, and rebellion against the king and his government. The overt acts stated in support of these treasons are the same, namely, that the prisoner, on the night of the 23rd day of July last, was armed with a pike, aiding and supporting the rebellious insurrection which took place upon that night, and that he did levy war and rebellion.

Gentlemen, there are two questions for you to consider :-first, whether any rebellion, of the nature mentioned in the indictment, took place on the night of the 23rd of July last. Secondly, if there did, what part the prisoner took in that rebellion?-With regard to the first question, I shall trouble you with a very few words, because the whole tenor of the evidence on the part of the prosecution proves, and the line of defence which has been taken by the prisoner's counsel, admits, that such a rebellion did take place upon that night; so that, whether you look to the evidence of Mr. Wilson, who proves the numbers he saw in Thomas-street, unarmed-the way by which they proceeded to the depôt, and their coming out armed from that place. Whether you look to the evidence of Mr. Coultman, as to the contents of that depôt, namely, hand-grenades, powder, and ball-cartridge, to an immense extent, pikes, materials for conflagration, proclamations expressive of rebellion, flags and colours and military uniformswhether you look to all these, or to the line of defence taken by the prisoner, no doubt can remain in your minds, but that a rebellious insurrection took place upon that occasion. It is the duty of a jury to weigh the evidence, where a party denies a fact, and evidence meets evidence; but where the fact is admitted, the jury can have no difficulty.

Therefore, gentlemen, I shall only trouble you with the evidence which relates directly to the prisoner at the bar.-The first witness examined was lieutenant Brady.

[Here the learned judge recapitulated the evidence as given by the several witnesses, and observed:]

If you, gentlemen, believe the witnesses, the prisoner had a pike in his hand. When he was seized, he made violent resistance. If he were not engaged in the rebellion, his conduct, in my apprehension, would have been of a different nature. If he were an innocent man, he would have rejoiced at meeting with the soldiers-he would have felt that his greatest danger was his being unprotected, and that the only protection he could then wish for, was from the king's officer.-But what was his conduct, if you believe the evidence? A continued struggle from the time he was taken, till he was brought to the commander of the forces.

A great deal of stress seems to have been laid by the counsel for the prisoner upon the

manner in which he was going when he was taken up. It was argued, that if he had wished to escape, he would have gone the opposite direction from that which he went. But it is for you to consider, whether it was not easier for him to effect his escape by going in the direction in which he went, than the opposite direction, at the time of the fire of the troops. They fired down the street, and the prisoner was going fast from the first division to the rear division, which was in a direction in which he could not be injured by the fire, and he would have escaped altogether, had he passed the rear division.

Gentlemen, the defence set up is of a peculiar nature; not so much contradicting or controverting directly the facts which have been proved, as a defence by way of inference, from which you are called upon, if you believe it, to pronounce him an innocent man.

It appears that the prisoner is an inhabitant of Naas, a town situate sixteen miles from the city of Dublin, and it certainly was incumbent upon the prisoner,-not being an inhabitant of Dublin, being found in such a place, and upon such an occasion,-to show why he was in the city at that time.-His defence is offered to show, that he was in the city upon an innocent occasion.

[Here the learned judge stated all the evidence given by the witnesses examined for the prisoner, and expressed his opinion, that the testimony of Mr. Courtney, who was examined to contradict one of those witnesses, ought to be put out of the case, as not being very clear upon the identity of the man.]

He then proceeded:

It is my duty, gentlemen, to make a few observations upon the evidence.-With regard to the hour, at which the prisoner (if you be lieve his witnesses) was in Abbey-street, it differs from the time stated by the witnesses for the prosecution. If you believe the testimony of lieut. Brady, the prisoner was in could have been, if the witnesses on his part Thomas-street at a much earlier hour than he swear true. It is for you to judge with regard to that contradiction; and if you should believe the witness for the crown as to the hour, the conclusion which would naturally follow, but which is for your determination, is, that the defence is fabricated.

The material fact to ascertain is, whether the prisoner was found in Thomas-street armed with a pike against the king's troops? That he was there is not disputed; that he struggled is not disputed; and the only circumstance upon which a shade of doubt is cast, is, whether he had a pike?— That is not contradicted by direct evidence; nor could it from the nature of the case. But it is controverted by inference-by showing, that he came from Naas with an innocent intention, and therefore was not likely to have a pike. There is one thing remark

able, however, that though he said he resided for the occasion in Thomas-street, there is no

evidence that he did reside there. He himself said, that he lodged at Gilligan's in Thomas-street, but there is no evidence of the fact; and the only evidence of his being in Thomas-street at all, goes to show, that he was there at the time the king's troops were engaged with the rebels.

With regard to the innocence of his design in coming to town, there is evidence that he was agreeing about a house; but no serious act appears to have been done towards an agreement. There was no money paid--no terms stipulated-nothing to bind the bargain, or to show it was concluded upon. This house, which he asserts he wanted to take, lay in the way to a place where there is a great depôt of arms and ammunition; the prisoner and Kearney went to that place for the alleged, or the real purpose, of taking a house, and it appears they were some time there; how long does not appear, but they were in that place where this depôt of arms and ammunition was, and that a few days before the insurrection took place.

It also appears, that the object of the prisoner being, as the witnesses for him say, to take that house, having gone there three times for that alleged purpose, no evidence is adduced to show that he ever examined the house, or went into it. However, gentlemen, if you can believe, from that kind of evidence, that the intention of the prisoner in coming from Naas to Dublin was the innocent one of taking that house, or any other-that he went to the Pigeon-house with a sincere intention of making a bargain;-if you believe, from his own assertion, that he lodged in Thomas-street, and that he was in Abbey-street at the time his witnesses say, and notwithstanding what the witnesses for the crown say, that he innocently went to Thomas-street, and was standing innocently there during the action-or if you have any reasonable doubt of that you ought to acquit the prisoner. But in doing so, you must reject the testimony of the soldier, and many circumstances that flow from the evidence of the prisoner. But again I say, if you entertain a doubt, you should acquit him. Yet it is my duty to tell you, that the doubt should be the doubt of reasonable men, after giving due consideration to the evidence. If after giving such weight to the evidence as you think it deserves, you entertain a doubt upon the case, you should acquit. But if, on the other hand, you believe the evidence for the crown, it is your bounden duty to give that verdict which the crown and the public, in such a case, have a right to demand a verdict of conviction.

I have now a few observations to make with respect to the evidence of character.

Mr. Mac Nally.-My lord, will you excuse me? There were some witnesses called who did not answer : I understand they are now in court. Perhaps your lordship would wish they were examined before you conclude.

Mr. Baron Daly.-By all means: call them, John Kennedy sworn.-Examined by Mr. Mac Nally.

Where do you live?-In Abbey-street. What business have you carried on this some time past?-Biscuit baking.

You have contracts from government?—I have.

Do you know the prisoner?--I do.
How long? These ten years.

Where did he live?-Opposite to my house. Where did he live the last six years?--I heard he lived in George's-street, and sometime in Naas.

Have you heard his general character ?--I had no occasion to inquire into his cha

[Not cross-examined.]

dence, but it must diminish much in its weight, when it is not only negative in respect of loyalty, but goes only to a peaceable demeanor, and that at a period remote from the time of the accusation. The evidence offered therefore is not of the same force with evidence of active loyalty. However, if from what you have heard, you believe that the prisoner is an actual loyalist, and you have a doubt upon the case, you will acquit him. The jury retired, and in five minutes returned a verdict of--Guilty.

The prisoner was remanded.

On Saturday, the 3rd 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. He did not make any answer.

Mr. Baron Daly proceeded to pronounce the sentence. He observed upon the crime of which the prisoner was convicted-that upon embarking in a treasonable conspiracy, he departed from the former habits of his life, indolence, idleness, and dissipation, and sudbecame active and zealous, in the vain expectation of establishing "a free and independent republic," when every disorder might be committed, every excess indulged, and every principle of justice, religion, and humanity violated. The verdict of the jury had esta

blished, that the treaty for the house in Ringsend, was a mere pretext, and it did not appear that one effectual step was taken towards a completion of the contract. With respect to the allegation that he lived in Thomasstreet, the only evidence to which the jury could attend of his having been there, was, that he was there in arms, opposed to the king's forces. The object of the conspiracy, in which the prisoner embarked, was defeated, and instead of the pillage and massacre which was expected, the prisoner was brought to the bar of justice. Whatever his individual motive might have been, the learned judge reminded him, it must have been disappointed; and if amidst his crimes, he had preserved any principles of religion, it was full time to rouse them into action. It was incumbent upon him to be reconciled to the Searcher of all hearts, which could only be effected by sincere repentance, preliminary to which, a full disclosure of his crimes was essentialand infinite as was the mercy of God, he would not receive a sinner, who uttered falsehood in the last moment of his existence in this world. The learned judge then pronounced the sentence in the usual form.

Prisoner.-I am as innocent as the child unborn. I leave it to my God, I never saw a pike in my life.

He was executed the following day in Townsend-street.

SPECIAL COMMISSION.

Saturday, September 3rd, 1803.
Judges present:-Lord Norbury, Mr. Jus-
tice Finucane, Mr. Baron George, Mr. Baron
Daly.

John Begg was put to the bar. He had been arraigned on Wednesday, the 31st of August, † upon the following indictment: County of the city? THE jurors of our lord of Dublin, to wit. the king upon their oath present that John Begg late of Bonham street in the city and county of the city of Dublin yeoman a subject of our said lord the now king not having the fear of God in his heart nor weighing the duty of his allegi1 ance 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 contriving and intending the peace and common tranquillity of this realm 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 honour power imperial crown and government of this kingdom to depose and deprive and our said lord the present king to death and final destruction to bring and put he the said John Begg on the twenty-third day of July in the forty-third year of the reign of our said lord the king ta Bonham-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 off and from the supreme royal state crown title power and government of this realm to depose and wholly deprive and SI

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 John Begg 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 Bonhamstreet aforesaid in the city and county of the city of Dublin aforesaid with force and arms falselymaliciouslyand traitorously didconspire 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 Bonham-street aforesaid in the city and county of the city of Dublin aforesaid the said John Begg as such false traitor as 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 Bonham-street aforesaid in the city and county of the city of Dublin aforesaid the said John Begg 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 said 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 did prepare levy ordain and make public war against our said lord the king against the duty of the allegiance of him the said John Begg 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 John Begg being a subject of our said ford 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 withdrawing 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

sovereign lord the king and wickedly devising and intending to disturb the peace and public tranquillity of this kingdum on the twentythird day of July in the forty-third year of the reign of our said lord the king with force and arms at Bonham-street in the city and county of the city 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 perfect fulfil and bring to effect the said traitorous compassings imaginations and intentions last mentioned of him the said John Begg he the said John Begg 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 Bonham-street aforesaid in the city and county of the city of Dubin 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 guns and 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 John Begg 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

The prisoner pleaded Not Guilty, and being this day asked, whether he was ready for his trial, he answered he was. The panel was then called over, and being put to his challenges, the following jury was sworn :

The prisoner was given in charge. The Counsel and Agents for the Crown were the same as on the former trials.

Counsel for the Prisoner, Mr. Mac Nally and Mr. C. Ball.

Agent.-Mr. L. Mac Nally.

Mr. O'Grady opened the indictment.

Mr. Attorney General.-My Lord, and Gentlemen of the Jury;—We shall shortly submit to your consideration such evidence, as wè trust will be sufficient to satisfy your minds, that a rebellious and traitorous insurrection existed in this city upon the 23rd day of July last, and then it will be your duty, gentlemen, to attend with every possible degree of diligence to the evidence which will be adduced to show, how far the prisoner was connected with that insurrection. He is a resident of

Dublin, and a carpenter by trade, and though he belongs to a description of persons who must have been particularly active in the rebellion, you ought to discharge that circumstance from your minds, because though many of his trade must have been guilty, yet that is matter of general inference, and should not bear against the prisoner upon this trial.

Gentlemen, where the rebels were collected in a body, though many of them suffered by a well-directed fire from the military, yet few were apprehended; those who were taken were, for the most part detached as outposts, for the purpose of apprising the main body of the approach of the military upon them. It will appear that there is a lane at right-angles with Marshalsea-lane, in which there was a considerable quantity of arms and ammunition collected; various devices were resorted to for the purpose of protecting this place from attack: there is a street running parallel with the lane, called Bonham-street, from which there is also a passage to that lane. The prisoner at the bar, standing sentinel at Bonhamstreet, was discovered at no great distance from the frame of timber which you will hear described, and which was prepared for the purpose of being filled with powder, and exploding, so as to annoy any force which might advance. A soldier of the ninth regiment, who first perceived the prisoner, said, "There is a man with a pike," and upon hearing the exclamation, the prisoner fled into a timberyard; he was pursued and arrested, in a situation in which he endeavoured to conceal himself. If these facts shall be clearly established by evidence, there can be no doubt that the prisoner was armed with a pike for the purpose of aiding those who were engaged in the conspiracy. If he took up the pike with that intention, he is guilty of the crime charged against him.

Edward Wilson, esq. sworn and examined. He gave the same account as upon the first trial,-[Vide Kearney's Case, p. 711.]

[Not cross-examined.]

Wheeler Coultman, esq. sworn.-Examined by Mr. Townsend.

Do you remember the night of the 23rd July last? I do.

of

Had you any party with you that night?I had about twenty-eight men.

To what place did you proceed?-To the left of Bonham-street, where a box of ballcartridge had been found. I saw eight pikes there.

Was that near the place where the depôt of ammunition was afterwards found?-It was. Mention what you saw?-I saw an obstruction across Bonham-street, which is parallel with Marshalsea-lane; Bonham-street is separated from that lane by three timber-yards, and one dairy-yard. There was another obstruction across the lower end of Dirty-lane,

they were formed of hollow beams of timber placed upon cars without wheels.

Were they obstructions even without exploding?-They were.

Would they obstruct the progress of any force that advanced from Usher's Island ?They would.

Look at the prisoner at the bar; did you see him?—I did.

Where and when?-I saw him in a timberyard in Bonhamn-street.

Do you mean one of those timber-yards which you mentioned as being between Bonham street and Marshalsea-lane?-I do; it was in the timber-yard next Bonham-street.

Had he any arms?-Not that I saw. It was a quarter past twelve at the time; a private of the ninth mounted upon the wall, and said, "Here is a rebel with a pike." I handed hini a pistol, and desired him to jump down, and not let the man hurt him, but to open the gate; I then got into the yard, and saw the prisoner dragged from under some fresh timber, the roots of trees I believe; there was little more than his legs seen, and by them he was dragged out; I seized and tied him, and gave him to a party of the thirty-eighth regi

ment.

Was he in a place convenient for watching the depôt?-I cannot say it was.

Was any person with him?-No; and [ saw but one pike there, within a yard of where the prisoner was lying.

How far was this yard from the beam of timber which you said was across Bonhamstreet?-About twenty yards, not reckoning the space over the wall.

Was it easy to get over the wall?--It was; for there was a quantity of pipe timber raised against the wall upon which we climbed.

If it were necessary to set off the machine, must there not have been some person near it-Certainly, with a rocket, or a match, to let it off.

[This witness was next examined respecting the contents of the depôt, and gave the same account as before.--Vide Kearney's Case, p. 720.-He stated, that a number of flints were found of remarkably good manufacture, and of a whiter colour than those made in this country.]

Wheeler Coultman, esq. cross-examined by Mr. Mac Nally.

Was the machine which you saw, loaded? -I cannot say; I did not see any powder in it.

If it were not loaded, it would not be necessary for a man to be standing there to let it off?-No; that is very clear.

The night was very dark?-Not at that time; it was turned of twelve, and was so light, that upon approaching Queen's-bridge. I could see three horsemen, and upon challenging them they answered, "Friends;" but not stopping, as I bid them, I desired some of the men to fire.