The reader being now possessed of the arguments of the counsel, the whole of the evidence, and the sentiments of the Court upon both, the editor refrains from any observations of his own upon the verdict but he feels that he owes it to the Earl of Thanet and Mr Fergusson to add what was said by themselves in their own exculpation when brought up to receive judgment; and, above all, their solemn oaths in support of their innocence. It was certainly a great indulgence in the Court to suffer their affidavits to be recorded, because strictly speaking, affidavits that cannot, by the practice of the Court, be received by the Judges in mitigation of punishment, as opposing the truth of the verdict, cannot be permitted to be filed. This was, however, permitted upon the present occasion.

On Friday, the 3d of May, Mr Attorney-General prayed the judgment of the Court.

LORD KENYON (to Mr Erskine).-Have you anything to say for the two persons convicted?

Mr ERSKINE. The cause having been tried at bar, your lordships are already apprised of everything I could have to offer. I believe Lord Thanet and Mr Fergusson wish to say something to your lordships.

LORD THANET,

MY LORDS,-Before the sentence is pronounced, I beg leave to address a few words to the Court-not for the purpose of impeaching the veracity of the witnesses for the prosecution, or of arraigning the propriety of the verdict: on those points I shall say nothing. What I mean to submit to the Court is, a short, distinct narrative of the facts, as far as I was concerned in them.

I attended the trial at Maidstone in consequence of a subpoena. When I had given my evidence, I retired from the court, without any intention of returning, until I was particularly requested to be present at the defence made by Mr Dallas, the prisoners' counsel. At that time I had never heard of the existence of a warrant against Mr O'Connor, nor of any design to secure his person, if he should be acquitted. The place I sat in was that which Mr Dallas had quitted, when he removed to one more convenient for addressing the jury. While sitting there, I heard for the first time, from Mr Plumer, that he had reason to believe there was a warrant to detain Mr O'Connor. When the verdict was pronounced, I went into the solicitors' box, to shake hands with Mr O'Connor, which I did without even speaking to him. Many others pressed forwards, apparently for the same purpose. Upon a call for silence and order from the bench, or from one of the officers of the Court, I immedi

ately sat down on the seat under that part of the dock where Mr O'Connor stood. At that period some confusion arose, from several persons attempting to get towards him, one of whom said he had a warrant to apprehend him, for which he appeared to me to be reprimanded by Mr Justice Buller, in some few words, which I did not distinctly hear. The moment the Judge had passed sentence on O'Coigly, a most violent pushing began from the farther end of the seat on which I sat. From the situation I was in, I did not perceive that Mr O'Connor was attempting to escape. He was a good deal above me, and I sat with my back to him. I continued sitting in my place, until several persons on the same seat were struck, among whom I imagine Mr Gunter Browne was one, from the complaint he afterwards made of ill-treatment, but whom I never saw before or since to my knowledge. I then began to feel the danger I was in; but the tumult increased about me so rapidly, that I was unable to get over the railing before me. I stood up, however, and used all the efforts in my power to go towards the Judges, as to a place of safety; but at that moment, by some person or other, I was borne down on the table, where a man (I afterwards found was Rivett) struck at me several times with a stick, which I warded off, as well as I was able, with a small walking stick. Rivett, as he struck me, charged me with striking him first, which I denied, and called out to him, as loud as I could, that I had not struck him.

I have now detailed, as clearly as I am able, my situation and conduct during the disturbance; and I do most solemnly declare on my word of honour, which I have been always taught to consider as equally sacred with the obligation of an oath, and am ready to confirm by my oath if I am permitted to do so, that I never did any one act but what was strictly in defence of my person. It is not at all unlikely, that, in such a scene of confusion, I might have pushed others, who pressed against me, to save myself from being thrown down; but I most solemnly deny that I lifted my hand or stick offensively, or used any kind of violence to any person. I declare upon my word of honour, that I knew nothing of the existence of a warrant to detain Mr O'Connor, until I heard it from Mr Plumer; and that, even then, it never entered into my mind that it was to be served upon him in the court, until some person called out that he had a warrant. I declare upon my word of honour that the obstruction which the officers met with on the seat where I sat was perfectly unintentional on my part, and was solely owing to the situation I was in; that I did nothing offensively, but, on the contrary, was violently attacked and assaulted; and that I retired from the scene of confusion as soon as I was able. And, finally, I do most solemnly declare upon my word of honour, that I did not concert with any person the rescue of Mr O'Connor, by violence, or by any other means whatsoever; that I had no idea of doing it alone; and that I was not privy to any consultation of

other persons, either for the purpose of rescuing Mr O'Connor out of the custody of the Court, or of preventing the execution of the warrant.

As I hold myself bound to state fairly, not only what I did, but what I said, as far as it is in my power to recollect what passed, with the agitation of such a tumult on my mind, I acknowledge that some words may have escaped me, which I ought not to have spoken. I am charged with having said, "that I thought it fair that he should have a run for it." I will not dispute about the exact words. I confess they were extremely inconsiderate. Some allowance, however, I think, may be made for the instant feelings of a man so ill-treated as I had been.

My Lords, I am not sanguine enough to expect any immediate advantage from these declarations. I know they will not avail me against the verdict; but the truth of them will not be suspected by those who know me; and hereafter, when all the circumstances of this transaction shall be coolly reconsidered, I am confident they will have weight with the public.

My Lord, I have an affidavit prepared, if your Lordship will accept of it.

LORD KENYON. To the same effect?

LORD THANET. Yes, my lord.

LORD KENYON. We cannot here receive an affidavit against the verdict of a jury; but I believe it may be ordered to be filed. I believe there is no objection to that.

Mr ERSKINE. I believe there is not, my lord.
It was ordered to be filed.

AFFIDAVIT.

The defendant, the Earl of Thanet, maketh oath, and saith that he attended at the Special Commission held at Maidstone, in the county of Kent, for the trial of Arthur O'Connor, Esq., and others, for high treason, in consequence of a subpoena served upon him, to give evidence on behalf of the said Arthur O'Connor, and which was the sole cause of his attending at the said trial; and he saith, that after he had given his evidence, he retired from the court, and had no intention of returning thereto, till he was particularly pressed to be present to hear the defence of the counsel for the prisoners-merely as a matter of attention and countenance to the said Arthur O'Connor, who was his acquaintance; and he further saith, that at that time he had no knowledge whatever of the existence of any warrant against the said Arthur O'Connor, nor of any intention of securing his person, if he should be acquitted on the indictment. And this deponent further saith, that he sat in the place which Mr Dallas had left, when he went to a more convenient one, for the purpose of addressing the jury; and that,

whilst he was sitting there, he for the first time heard from Mr Plumer that he had reason to believe there was a warrant to detain Mr O'Connor; and this deponent further saith, that on the verdicts being pronounced, he stepped into the solicitors' seat to shake hands with Mr O'Connor, which he did without even speaking to him, and without any other motive than that of congratulating him as a friend on his acquittal, at which time many others were coming to the same place where this deponent was; that upon a call for order and silence from the bench, or from one of the officers of the Court, he immediately sat down on the seat under that part of the dock where Mr O'Connor stood, and at that period a slight confusion arose from several persons attempting to get towards Mr O'Connor, one of whom said he had a warrant to apprehend him, for which he appeared to be reprimanded by the Honourable Sir Francis Buller in a few words, which this deponent did not distinctly hear. And this deponent further saith, that at the moment the Judge had passed sentence of death on O'Coigly, the most violent pushing began on the seat on which he sat (this deponent not observing that Mr O'Connor was attempting to get away), and he continued sitting in his place till several persons on the same seat were struck, and amongst whom he believes was Mr Gunter Browne, whom he never before or since had seen, to his knowledge; and from that moment this deponent began to feel the danger he was in, the tumult about him increasing so rapidly that he was unable to get over the railing before him; that, however, he stood up, and used all the efforts in his power to go towards the Judges, as a place of safety; but he was instantly pushed down on the table, when a man, whom he has since found was John Rivett, struck at him several times with a stick, which blows he warded off as well as he was able with a small walking-stick, the said Rivett charging this deponent, as he struck at him, with striking him first, which this deponent denied, calling out at the same time as loud as he could that he had not struck him. And this deponent further saith, that he never did, during the said disturbance, any one act but what was strictly in the defence of his person, though he admits that he might have pushed several persons that pushed against him, to prevent his being thrown down, but that he did not lift hand or stick, or use any violence whatsoever, to the said John Rivett, or any other person. And this deponent positively saith, that he was not privy to, or acquainted with, the existence of any warrant to detain the said Arthur O'Connor, until he heard of such warrant from Mr Plumer, as before set forth; and that it never entered into his mind that it was to be served upon him in Court, until the person before mentioned called out that he had a warrant. And this deponent further saith, that the obstruction the officer met with on the seat on which this deponent sat was perfectly unintentional on his part, and solely owing to the unfortunate situation

in which he had accidentally placed himself, as the seat was so narrow that it was with great difficulty any person could pass that way. And this deponent further saith, that he did nothing with intention to offend the Court, or any other person; but, on the contrary, he was violently attacked and assaulted; and that he retired from the scene of confusion as soon as he was able. And this deponent further saith, that he doth most solemnly upon his oath declare, that he had not consulted, concerted, or advised with any other person or persons whomsoever, to favour the escape of the said Arthur O'Connor, either by violence, or any other means whatsoever; and that he had no idea of doing it alone; and that he was not privy to the consultation or agreement of any other person or persons, either for the purpose of rescuing the said Arthur O'Connor out of the custody he then was in, or preventing the execution of any other warrant upon him.

Sworn in Court the 3d of May 1799.
By the Court.

THANET.

MR FERGUSSON.

MY LORDS, I have nothing to offer to your lordships, either with respect to the charge itself, the manner in which it was proved, or with respect to my own peculiar situation, upon which your lordships judgment, whatever it may be, must make a deep and lasting impression. I cannot so soon have forgotten the manner in which these topics were urged in your lordships' presence, in the course of that defence which was made for me by the most zealous of friends, the most able and eloquent of men.

I gladly, however, avail myself of the privilege of addressing your lordships, because it enables me thus publicly to say, that whatever be the political opinions which some may choose to ascribe to me-whatever be those which I do in fact entertain, opinions which I believe to be strictly consonant to the best principles of the law and constitution of my country; but whatever be these opinions-whatever, even, my lords, be the appearances against me, standing where I now do-still I can with truth and sincerity declare, that there is no man who hears me who is more deeply impressed with a sense of the respect which is due to the administration of justice, of the strict obedience which should be paid to the proceedings of its courts, and of the honour and reverence which should ever attend the persons of its Judges. Weak, indeed, must be the opinions, or wicked must be the views, of that man who wishes to degrade the authority of the law; for, without it, not one of the blessings of society can have security for one moment.