indictment, and therefore each count should contain all the legal and essential requisites of an indictment: if any of these essential requisites be omitted, the indictment is vitiated, and the judgment must be arrested. Every indictment, and therefore every count ought to have a formal conclusion; here the first count has not such conclusion. It does not say against the allegiance-against the peace-or contrary to the statute. Therefore the first count is to be thrown out of consideration. But the jury having, notwithstanding the direction of the Court, returned a general verdict, it became necessary to examine the second count, and that is objectionable for uncertainty in the specification of the offence. The indictment is founded upon the statute, and ought to pursue the words of itThe statute says, " if a man be adherent to the king's enemies, and give them aid and comfort either within the realm, OR elsewhere" quence of the signals communicated to him at Barrack-street. He was known by one of the party to have been sworn in. If there were any thing doubtful, I say, what passed in those several assemblies, to which the witness got admittance, will be fair matter to explain what passed at the first. And if it were proved, that the designs of these subsequent assemblies, were innocent and lawful, that would, on the part of the prisoner, clear up the transaction in Barrack-street, if there were any thing doubtful in it. Then, gentlemen, if there be any thing doubtful, and it appears that by the means imparted to him he got admittance into assemblies where treasonable practices were going forward, will not that be evidence to show the object of the proceeding in Barrackstrect? Therefore you see, that if the original transaction was criminal, the subsequent proceedings explain his guilt; and if they were innocent, they will shew his innocence. Therefore, gentlemen, I think the Court were right in letting in that evidence, to give all the light to the case which the law allows. Gentlemen, you are to consider this case under all its circumstances; and you are to consider, and be satisfied with the account given by Lawler upon the table; you are to determine, whether you think it true or false; and if, under the circumstances, you believe it to be true, you are bound to find the prisoner guilty--but if you feel such a doubt as reasonable men may entertain, you are then bound to acquit him. [The Jury then retired, and came back in about twenty minutes.] Clerk of the Crown.-How say ye, gentlemen of the Jury, have ye agreed to your verdict? Jury. We have. The disjunctive particle in this sentence creates a second offence, perfectly distinct from the first. One offence is adhering to the king's enemies within the realm: the other is adhering to them without the realm. This is somewhat a new case. I have taken pains to search for precedents of indictments for adhering to the king's enemies, and have found but one in the reign of Elizabeth, but it is so vague and such a riddle as not to hold a moment. But referring to the words of the statute, I wish to know, for which offence this man is indicted in the second count. The indictment should state that he adhered to the king's enemies within the realm, or that he adhered to them without, according to the words of the statute constituting the crime. There is a strong reason for this. Suppose he were acquitted, he might be indicted for adhering to the king's enemies without the realm, and he could not plead auterfois acquit, Clerk of the Crown.-Who shall say for because he would be told the indictments you? Wednesday, December 30th. were not the same. Therefore this indictment being essentially defective in omitting the words of the statute, the man is not convicted according to law. I take this to be a rule, that where two things are included within a sentence, separate in their nature, a man cannot be indicted indiscriminately for both, but the indictment should distinguish between them. There might have been a third count for adhering to the king's enemies within the realm or without, and theu a general verdict would prevent any objection. Mr. Attorney General.-My lords, it will be very unnecessary for me to give you much James Weldon was this day ordered up for trouble. It is said, you should arrest the sentence. His indictment was read, and he was asked what he had to say, why judgment of death should not be pronounced against him? Mr. M.Nally. My lords, I shall humbly submit to your lordships, that the judgment in this case ought to be arrested. Each count in an indictment is in the nature of a separate VOL. XXVI, judgment for error in both the counts. It is said each count should be considered in itself as a complete indictment. For the substance of the charge, the rule is so. But where there are many counts, each specifying an offence, the indictment may have one general conclusion, going to the whole. As here, to simplify the case, the prisoner is charged with compassing the death of the king, and the U next count specifies a new charge, that of adhering to the king's enemies. Both being thus specified, and there being prefatory matter, stating what the prisoner was and his designs, then comes the general conclusion of the indictment, applying to both counts. If any man of common understanding, clear of technical modes of reasoning, read this indictment, he will find so; and it is according to the order used since the introduction of the English law, the conclusion always going to every count contained in the indictment. After having stated what the designs were, it says, he is guilty of compassing the king's death, and of adhering to the king's enemies, and then there is a general conclusion not confined to one or other count, but going to both offences included within the same statute. I believe all that which was so much to the disgrace of the law, in taking technical objections, has been exploded, in a variety of instances; and provided substantial justice has been done, courts of justice do not attend to objections of this sort, unless they are absolutely bound so to do. If in the common course of language this conclusion can be applied to both charges, your lordships will do so, according to the modes now adopted upon cases of this sort, and it will be sufficient to refer your lordships to your own understanding, without farther argument. the king's enemies Your lordships see by the context, they are superfluous words, because it clearly shows, that if aid be given any where, the party giving it, will be guilty. [Here Mr. Attorney-general was stopped.] Mr. Justice Chamberlain. We will not trouble you any farther, and it would not be fair to the man, if we by our conduct insinuated, that the objections were likely to prevail. We are of opinion, that the objec tions are not founded; that the conclusion in sense and according to precedents goes to both counts. So it is in all declarations. Therefore there is nothing in the first objection.---We are also of opinion, that the essence of the offence is adhering to the king's enemies, and it is immaterial where they are. It is an offence not constituted by statute, but an offence at common law, and the statute only says, that no man shall be indicted but for treason, as there specified it is not created by the act--And indeed, if it were necessary, it does substantially appear, because two overt acts state, that an open and public war is carried on by the French, and that the prisoner was adhering to the persons exercising the government of France. So that if it were necessary, it is substantially charged that he was adhering to the enemies, without the realm. As to the second objection, it is somewhat Mr. Justice Finucane.--I agree, that the savouring of substance, that the indictment conclusion goes to both counts; and with reshould state whether he adhered to the king's gard to the last count, I think the statute is enemies, either within the realm or without. completely complied with in this indictment. An objection of that sort being made, I ex- "Be adherent to the king's enemies within pected that some precedent would be shows, the realm or elsewhere."---At the time this or some authority that would warrant the statute was passed, no treason could be tried, objection. This indictment is conformable but treason within the realm, and that is the to the precedents I have seen, and when your treason specified," giving them aid within the lordships look into the statute, you will find realm" then are added the words, "or there can be no ground for the objection-without"--How is the charge here? that the "within the realm or elsewhere"-is not part prisoner at Liffey-street in the city of Dublin of the description of the crime, as set forth-The locality is annexed to the person adupon the face of the statute. The crime is hering, not to the enemy to whom he adhered. adhering to the king's enemies"--that is Therefore this is a sufficient charge within what the statute has declared" If any the words of the statute. man levy war, or be adherent to the king's enemies in the realm, and gives them comfort elsewhere"-if he adhere to them, by giving them comfort in the realm or else where in a word, as if the statute said"If he give them aid, let them be where they may"-let the act done be within the realm or without, he is alike guilty of adhering to Mr. Baron George. with the rest of the Court. I concur perfectly Mr. Baron George then, after a suitable and pathetic exordium, pronounced the sentence of the law, that the prisoner be executed on the 2d of March, 1796. Weldon was executed at the front of Newgate, pursuant to his sentence. 613. Proceedings on the Trial of MICHAEL MAGUIRE for High Treason, before the Court holden under a Commission of Oyer and Terminer at Dublin, on Thursday December 24th: 36 GEORGE III. A. D. 1795.* COUNTY COUrt. Thursday, December 24. MICHAEL MAGUIRE was indicted for high treason in compassing the king's death and adhering to his enemies, in support of which a number of overt acts were stated, the principal of which was, that in order to enlist Thomas Roden, a fifer in the 104th regiment, to join with, and become a Defender, to aid and assist the persons exercising the powers of government in France, he did keep and detain him from his regiment for the space of ten days, and did give him during that time, by way of stipend, at the rate of six-pence per day. The indictment is not set forth in this case, the prosecution having been given up, and therefore the reporter would not have mentioned it, except to notice a proceeding which had the appearance of novelty to some; but being sanctioned by the approbation of three judges, may serve as a precedent in cases under similar circumstances. The prisoner having pleaded not guilty, and a jury being sworn, Mr. Prime Serjeant stated the case on the part of the crown, and the witness was called. Thomas Roden, sworn-Examined by Mr. Where were you born ?-In Staffordshire. What brought you here?-I enlisted for a soldier. In what regiment?—In the 104th regi ment. What was the nature of your duty in that regiment?-A fifer. Did that regiment come to Ireland?Yes, please you, my lord, it came to Belfast. Did you come with it?-Yes. How long ago?-Three quarters of a year. Where did it go to?-From Manchester. But after you came to Belfast, where did you go to?-To Dublin. Look at the prisoner; did you ever see him before? [The Witness looked about, but made no answer. He was then desired to look through all the seats, beginning with the first row, until his eyes reached the dock. After doing so, he said-I do not see him]. Look again in the same manner?-I do not see him. [The witness was then desired to withdraw, and the sub-sheriff of the county was desired not to suffer any person to speak to him.] Mr. Attorney General.-My lords, if I believed that the witness had thrown his eyes towards the dock, I should desire to have the prisoner acquitted immediately. But the gentlemen round me say, he did not throw his eyes to the dock. I shall now desire, as has been practised at the Old Bailey, that the prisoner may be brought forward to the front seat, and that some persons, as nearly of his own condition in appearance as may be should be placed there along with him. of the bar retired from the front seat-the This was accordingly done. The gentlemen prisoner was placed there, and five or six per, sons, taken from the crowd of auditors, were placed along with him. The witness was then brought in, and desired to look at the several persons, sitting in the first seat, beginning at one and looking on to the other. The witness did so, and after looking at them for some time, he laid his finger upon the head of a person who was not the pri soner. the prisoner was acquitted. MURPHY was then put upon his trial, given in charge to the jury, and the witness not * Taken by Wm. Ridgeway, esqr. barrister being produced, the prisoner was acquitted. at law. The Court adjourned. 614. Proceedings on the Trial of JOHN LEARY for High Treason, before the Court holden under a Commission of Oyer and Terminer at Dublin, on Monday December 28th: 36 GEORGE III. A. D. 1795.* CITY COURT. Monday, December 28th 1795. JOHN LEARY was arraigned upon the following indictment, the caption of which being the same as that set forth in the case of Weldon, is omitted. 6. pass imagine and intend the 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 his realm "of Ireland to depose and wholly deprive and "the said lord the king to kill and put to "death and that to fulfil and bring to effect "his most evil wicked and treasonable imagi County of the City "The Jurors for our lord" nations and compassings aforesaid he the of Dublin to wit." the King upon their" said John Leary as such false traitor as "oath present that an open and public war "aforesaid and during the said war between "on the twentieth day of August in the "our said lord the king and the persons so ex"thirty fifth year of the reign of our sovereign "ercising the powers of government in "lord George the third by the Grace of God" France to wit on the said twentieth day of "of Great Britain France and Ireland King de- " August in the said thirty-fifth year of the "fender of the Faith and so forth and long "reign aforesaid at Suffolk-street aforesaid in "before was and ever since hitherto by land" the parish of St Andrew aforesaid and in "and by sea hath been and yet is carried on "the county of the said city of Dublin afore"and prosecuted by the persons exercising "said with force and arms falsely and traitor"the powers of government in France against "orously did join unite and associate himself "our most serene, illustrious and excellent" with divers false traitors to the jurors "prince our said lord the now king and that "aforesaid as yet unknown and did then and "John Leary of the city of Dublin yeoman in there with such false traitors to the "the said county of the city of Dublin a sub-❝ jurors aforesaid unknown enter into and "ject of our said lord the king, of his kingdom "become one of a party and society "of Ireland well knowing the premises but "formed and associated under the denomina"not having the fear of God in his heart; nor "tion of Defenders with designs and for the weighing the duty of his allegiance and "purpose of aiding assisting and adhering to "being moved and seduced by the instigation "the said persons so exercising the powers of of the devil as a false traitor of our said "government in France and so waging war as "lord the now king his supreme true lawful" aforesaid against our said sovereign lord the "and undoubted lord the cordial love and true 66 now king in case they should invade or cause "obedience which every true and dutiful sub-to be invaded this his kingdom of Ireland "ject of our said sovereign lord the king to"and afterwards and during the said war "wards him our said lord the king should" between our said lord the king and the said "bear wholly withdrawing and contriving persons so exercising the powers of govern"and with all his strength intending the "ment in France and enemies of our said lord peace and common tranquillity of this "the king on the twentieth day of August in < kingdom of Ireland to disturb and the go- "the said thirty-fifth year of the reign of our ❝vernment of our said lord the king of this his " said lord the king and on divers other days, "kingdom of Ireland to subvert and our said" as well before as after that day with force "lord the king from his royal state title ho-" and arms at Suffolk-street aforesaid in the "nour power imperial crown and government "parish of St. Andrew aforesaid in the city of "of this his kingdom of Ireland to depose and "Dublin aforesaid and county of the said "deprive and our said lord the king to death city of Dublin aforesaid he the said John " and final destruction to bring he the said "Leary as such false traitor as aforesaid in "John Leary on the twentieth day of August "further prosecution of his treason and traitor"in the thirty-fifth year of our said lord the "ous purposes aforesaid did with divers other "king and on divers other days and times" false traitors whose names are to the jurors "as well before as after that day at Suffolk-" of our said lord the king as yet unknown, "street in the parish of St. Andrew in the "then and there meet and assemble to.confer "city of Dublin and in the county of the said "treat and consult for and about the adhering "city of Dublin aforesaid with force and arms "falsely wickedly and traitorously did com Taken by W. Ridgeway, Esqr. 66 aiding and assisting of the said persons ex"ercising the powers of government in France "as aforesaid and being enemies of our said "lord the king in case they should invade 66 then and there traitorously administer a "certain profession declaration and cate"chism to the said person whose name is "to the jurors aforesaid as yet unknown to "the purport following that is to say "I am concerned-So am I.-With who? "thereby the National Convention of France) 666 [298 "or cause to be invaded this his kingdom of "force and arms at Suffolk-street aforesaid "Ireland and afterwards to wit on the twen-" in the parish of St. Andrew aforesaid in "tieth day of August in the thirty fifth year "the city of Dublin aforesaid and county of "of the reign aforesaid and on divers other "the city of Dublin aforesaid the said John "days as well before as after that day with "Leary as such false traitor as aforesaid in far"force and arms at Suffolk-street aforesaid in" ther prosecution of his treason and traitorous "the parish of St. Andrew aforesaid in the "purposes did then and there with divers "city of Dublin aforesaid and county of the "others false traitors whose names to the said "city of Dublin aforesaid the said John Leary "jurors are yet unknown wickedly and traitor"as such false traitor as aforesaid in further ously in order to enlist and procure a liege "prosecution of his treason and traitorous" subject of our said lord the king then and purposes aforesaid did then and there with "there being whose name is to the jurors "divers other false traitors whose names to "aforesaid as yet unknown to be aiding and "the said jurors are yet unknown wickedly" assisting the persons so exercising the "and traitorously associate and unite" powers of government in France, and ene"himself to and with divers other false "mies of our said lord the king as afore"traitors unknown to the jurors aforesaid "said in case they should invade or cause to "and did along with the said false traitors" be invaded this his kingdom of Ireland did "to the jurors unknown enter into and "become one of a party and society united "and associated under the denomination "of Defenders with design and for the end and purpose of deposing, subverting and over"turning the government of this kingdom as by "law established and so associated and united"-With the National Convention (meaning as aforesaid did then and there and on divers "other days and times as well before as after -What is your designs?-On freedom. "that day with divers other false traitors to the "Where is your designs?-The foundation "jurors aforesaid unknown meet and assem- "of it is grounded in a rock,-what is your "ble to confer consult and deliberate on and "designs? Cause to queal all nations. De"about the means and measures for effect-"throne all -gs (meaning thereby all "ing his aforesaid traitorous and nefarious "designs and purposes and afterwards to "wit on the said twentieth day of August "in the said thirty-fifth year of the reign "aforesaid and on divers other days and "times as well before as after that day with "And afterwards to wit on the said twen"force and arms at Suffolk-street aforesaid "tieth day of August in the said thirty-fifth "in the parish of St. Andrew aforesaid and "year of the reign aforesaid and on divers "county of the city of Dublin the said "other days as well before as after that day "John Leary as such false traitor as afore-" with force and arms at Suffolk-street in "said in further prosecution of his treason "and traitorous purposes did then and there "with divers other false traitors whose "names to the said jurors are yet unknown "wickedly and traitorously associate and "unite with divers other false traitors to "the said jurors as yet unknown and did "along with said false traitors to the jurors" to the said jurors are yet unknown wick"aforesaid unknown enter into and become "edly and traitorously in order to enlist pro"one of a party and society united and asso- "cure and corrupt a subject of our said "ciated under the denomination of Defenders lord the king whose name is to the jurors "with design and for the end and purpose of "aforesaid as yet unknown to be aiding and "subverting and overturning the Protestant" assisting to the said persons so exercising "religion in this kingdom as by law es- "the powers of government in France and "tablished and so associated and united as "enemies of our said lord the king as afore"aforesaid did then and there and on divers" said in case they should invade or cause to "other days and times as well before as "after that day meet and assemble with divers "false traitors as yet unknown to confer con❝sult and deliberate on the means and mea"sures for effecting his aforesaid traitorous "and nefarious designs and purposes and "afterwards to wit on the said twentieth" "day of August in the said thirty-fifth year "of the reign aforesaid and on divers other "days as well before as after that day with "kings), to plant the true religion in the "hearts, be just.-Where did the cock crow "when the whole world heard him?-In "France-What is the pass word?-Eli"❝phismatis." "the Parish of St. Andrew aforesaid in the "city of Dublin aforesaid and county of the city of Dublin aforesaid the said John "Leary as such false traitor as aforesaid in further prosecution of his treason and trai"torous purposes aforesaid did then and there "with divers other false traitors whose names "be invaded this his kingdom of Ireland and § |