and every motive, save that which his modesty suppresses the authority of his own generous example. Or if you see him not there, you may trace his steps to the private abode of disease and famine and despair, the messenger of heaven, bearing with him food and medicine and consolation. Are these the materials, of which you suppose anarchy and public rapine to be formed? Is this the man, on whom to fasten the abominable charge of goading on a frantic populace to mutiny and bloodshed? Is this the man likely to apostatize from every principle that can bind him to the state; his birth, his property, his education, his character, and his children? Let me tell you, gentlemen of the jury, if you agree with his prosecutors, in thinking that there ought to be a sacrifice of such a man, on such an occasion; and the credit of such evidence, you are to convict him-never did you, never can you give a sentence, consigning any man to public punishment with less danger to his person or to his fame: For where could the hireling be found to fling contumely or ingratitude at his head, whose private distresses he had not laboured to alleviate, or whose public. condition he had not laboured to improve.

upon

"I cannot, however, avoid adverting to a circumstance that distinguishes the case of Mr. Rowan from that of a late sacrifice in a neighbouring kingdom.

"The severer law of that country, it seems, and happy for them that it should, enables them to remove from their sight the victim of their infatuation:—the more merciful spirit of our law deprives you of that consolation; his sufferings must remain for ever before your eyes, a But continual call upon your shame and your remorse. those sufferings will do more; they will not rest satisfied with your unavailing contrition, they will challenge the great and paramount inquest of society, the man will be weighed against the charge, the witness and the sentence; and impartial justice will demand, why has an Irish jury

done this deed? the moment he ceases to be regarded as a criminal, he becomes of necessity an accuser; and let me ask you, what can your most zealous defenders be prepared to answer to such a charge? When your sentence shall have sent him forth to that stage, which guilt alone can render infamous; let me tell you, he will not be like a little statue upon a mighty pedestal, diminishing by elevation; but he will stand a striking and imposing object upon a monument, which, if it does not, and it cannot record the atrocity of his crime, must record the atrocity of his conviction. And upon this subject, credit me when I say, that I am still more anxious for you, than I can possibly be for him. I cannot but feel the peculiarity of your situation. Not the jury of his own choice, which the law of England allows, but which ours refuses: collected in that box by a person, certainly no friend to Mr. RowAN, certainly not very deeply interested in giving him a very impartial jury. Feeling this, as I am persuaded you do, you cannot be surprized, however you may be distressed at the mournful presage, with which an axious public is led to fear the worst from your possible determination. But I will not, for the justice and honour of our common country, suffer my mind to be borne away by such melancholy anticipation; I will not relinquish the confidence that this day will be the period of his sufferings; and, however, mer. cilessly he has been hitherto pursued, that your verdict will send him home to the arms of his family, and the wishes of his country. But if, which heaven forbid, it hath still been unfortunately determined, that because he has not bent to power and authority, because he would not bow down before the golden calf and worship it, he is to be bound and cast into the furnace; I do trust in God, that there is a redeeming spirit in the consitution, which will be seen to walk with the sufferer through the flames, and to preserve him unhurt by the conflagration."

[After Mr. Curran had concluded, there was another universal burst of applause through the court and hall, for some minutes, which was again silenced by the interference of Lord Clonmell.]

Mr. Attorney-General.-" My Lords! It is Mr. Prime Serjeant's duty to speak to the evidence; but as Mr. Curran has let fall some things to make an impression, not barely upon those who surround us, I must be excused in stating some facts known to no human being but myself. It has been stated that this was an oppressive prosecution, and that oppression has been intended by the delay. Now, I do aver, that the instructions he has received are false; that I received no instructions of the sort from government, and no government could think of prevailing with me in such a measure. I feel within myself, that no man could ask me such a thing twice in the office I hold. Let the jury consider the fact as it is, let them consider the evidence, and God forbid they should be influenced by any thing but the evidence!-Mr. Curran states that oppression is practised. I am responsible to the court for my conduct here, and if I have carried on this prosecution with oppression, I am responsible to the country. Let this gentleman, if he thinks he has been oppressed, call me to punishment-let me be a disgrace in the eye of the country, and let me be driven from that profession in which I have so long been honored. The facts are these the accusation against Mr. RowAN Was made in the month of December 1792, he was arrested in January following, and brought before Mr. Justice Downes, and discharged upon bail. The information was filed in Hilary Term; as soon as it was possible by the rules of the court, Mr. Row AN pleaded, and the venire issued, I do protest with a bona fide intention to try Mr. ROWAN: After that an error was found in the record, though it had been compared before; the error was this; in the record the words were We would do' so and so;

in the publication it was Would we do' so and so. As soon as that error was discovered, notice was given that the trial could not come forward, and the witnesses were dismissed. In Trinity Term application was made to issue the venire, and it appeared from the recorder that he was aware of the defects; I am above concealing any thing, I admit he did offer to wave any objection to the error and go to trial directly. I asked Mr. Kemmis, 'Are the witnesses gone out of town?'-' They are gone to Galway.' I was therefore obliged to refuse the offer, but entered a Noli prosequi, and filed a new information. Mr. RowAN put his plea upon the file, and in Michaelmas Term I applied for a trial. There were several trials at bar appointed, and the court refused, in consequence of the business before them, to try it in that term; and appointed it for this term. These are the facts which I think it my duty to mention, and have no more to say upon the subject, but will leave the case entirely to the jury, whose verdict will not be influenced by such topics as have been thrown out."

Mr. Curran." Mr. Attorney, I could not know the circumstance you mention, of your witnesses being gone out of town."

Mr. Attorney-General." It was impossible you should."

Mr. Prime Serjeant.-" Wearied and exhausted as you, my lords, and gentlemen of the jury, must be at this late hour, I yet feel it my duty to trespass a short time upon you, in a prosecution which the Attorney-General has been obliged to institute: Gentlemen, I say obliged, because prosecution is painful to him, as well as to those who act with him. The infliction of punishment is disagreeable to the court, but in our public duty these weaknesses must give way. There is justice due to the public; my learned friend is the advocate of justice to the public, not of persecution against the defendant. There

is no man, who recollects the period at which this publication came out, too notorious and shameful to be forgotten, who must not have thought it highly proper to bring the publisher to a legal trial. To the exertions of government, at that time, it is to be attributed, that the trial by jury still subsists among us, and that he has not been before now tried at another court; that the King's Bench has not been superseded by a Revolutionary Tribunal; and that my learned friend has not, ere now, made room for the public accuser. The defendant must think it fortunate that he is tried according to established law, and defended by counsel of his own election, and before a jury bound by a solemn appeal to God, to find according to the evidence given to them, notwithstanding that disgraceful situation in which it has been stated they will be held, if they presume to find a verdict of conviction. I feel no danger that this jury can be intimidated by apprehensions, or influenced by prejudice. My learned friend and I have been represented as instruments of oppression against the gentleman at the bar. I consider it as the talk of the moment, because his learned counsel little knows us, if he thinks us capable of acting so abominable a part; he could not mean it in the extent to which it reaches the common ear. I can consider it only as the splendid effusion of his talents; he was anxious to lead you, gentlemen, from that which was the true object of consideration. You have been told, the defendant was prosecuted because he published an invitation to the volunteers, entered into the discussion of a reform and catholic emancipation, and endeavoured to have a national convention assembled. I will tell the jury it is not a prosecution upon any one of these grounds; but a prosecution, because these subjects were thrown before the public in a paper crammed with libellous and seditious matter, calculated to inflame. These measures, which were sought after, should be procured by the power of reason,