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you must find, before you can convict the prisoner. This indictment states-and in truth the prosecution is founded upon that fact--that there is a party of men associated in this kingdom under the denomination of Defenders, for the purposes and with designs to assist, and adhere to the king's enemies, in case they should invade Ireland. It is necessary for you, gentlemen, in order to ascertain, whether becoming a Defender be treason, or a lesser offence, to know what the object of these men is, in becoming Defenders. Their object is discovered by their oath, tfieir declaration and catechism, aud the acts which they do.-As to the oath which you have heard, you must observe that the persons sworn upon that oath, who owe to their king allegiance during the joint lives of themselves and the king, qualify their allegiance to the king, whilst they live under the government :---qualifying their allegiance, having in contemplation a subversion of the king's government. The person taking the oath swears to be true whilst he lives under the government, presuming that something will be done to abridge that govornment.He swears to be true to committees, superiors, commanders and officers---Who are these? It is for you to say to what the words should refer they persons holding superiority under the king, or against the government of the country Are these men commanders of the king's army, bearing the king's commission, or are they such as has been mentioned, when one of the party required to know the number of Defenders, that officers might be appointed? The party is sworn to obey in all lawful proceedings--To what does that refer?---He is sworn to be obedient to the laws made by the committee-Is that according to the laws of the land--or their own committee?

from the truth. If you believe this witness | had not any principles of religion, that he is of infamous life and conversation, interested in the event of the case, then certainly his testimony which he gives can only be supported by its own intrinsic weight, by consisteney in itself. A witness suffering under a disability from personal character, can only derive credit from a long detail of facts, well and probably connected. Therefore, gentlemen, in repeating the evidence over to you, I mention this observation, in order that, as I go along, you may direct your attention ac. cordingly, and see whether there be any circumstances, which carry along with them intrinsic conviction, which will satisfy you, of their truth. No doubt, gentlemen, the most satisfactory evidence is, where we see a man of religion, having an upright opinion of God, giving a clear and connected account of any transaction. Gentlemen, you are to determine, whether in the evidence which has been given, any such circumstances are to be found, and upon the whole matter, according to your consciences, and the best of your judgments to find the truth. The law allows the testimony of a man to be heard in a court of justice, under particular circumstances, even after he is detected in his own crimes, and is apprehended for them, and when, consequently, he is giving testimony to save himself and accuse others. But the condition of a man is at least one degree short of that, when he comes forward to give evidence, before he is suspected, or charged, or accused of those offences which he proves; who voluntarily comes forward, and appears at a time when he might make his escape, he rather remains and gives evidence voluntarily to accuse others. Gentlemen, upon the whole of the case, you are to consider the motives which inAluenced the man in his testimony, and couple them with the rest of the evidence, and consider under all the circumstances, whether you do, or do not doubt the truth of his relation ; because if you doubt the truth of the relation, you are bound to acquit the prisoner.

Gentlemen, the evidence of Lawler was[Here his lordship read the whole evidence from his notes and then proceeded]-Mr. Cowan would have been as bad as any of the party, if he concealed the information which he received; it would be against the oath of his allegiance. If a man becomes acquainted by any means with treasonable practices, and takes no part, it will be a misprision. But in a master of a corporation, it would be a perjury, not to make it known. How could any man live in society, who had concealed matters of this kind, which, if well-founded and not checked, tends to let loose all ranks of men upon one another?

This, gentlemen, is the whole evidence; which I have stated in the minute manner I did, after the observation I made to you, that you might see, whether it carries conviction to your minds. There are several facts which

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Gentlemen, it is fair, in my humble apprehension, that you should consider the import of these two papers together. The other instrument, which is a sort of catechism, begins in this way--"I am concerned---So am I.---With whom?---The National Convention? meaning the Convention of France--" What is your designs ?---to dethrone all the innuendo is to dethrone all kings.--You are to judge, whether that innuendo be true. If the designs of these Defenders are, that they are concerned with the National Convention of France, that their designs are, to quell all nations, and dethrone all kings---if you couple the papers together and consider those to be the designs of Defenders, you are to consider, whether they are treason or not? What are their acts?--It was proposed, that arms should be taken from the houses to aid the French, when they should come---Whether Leary was there at the time the proposal was made, or at what particular time he was there does not appear; but he told Lawler, he was out that night; and you are to consider whether that was a common felony or burglary, or done with an intent to take arms to use

them as these people should think fit, when the country would be invaded. Persons collecting arms in this manner cannot be otherwise than adhering to the king's enemies. For what is so likely to incite invaders to come here, as to know, they will find assistance upon their coming.

Gentlemen, I have stated these things to you and will conclude now by saying, that if you believe Lawler, this indictment is proved against the prisoner. And if it shall, when he is charged upon an overt act of having become. a Defender associated for these purposes, it will be a clear declaration to the public what the object of this society must be. Every man acting in concert with traitors, or assisting them before or after the act, is a principal traitor, for in treason there are no accessaries. Any sort of aid, or encouragement, that will make a man an accessary before or after in any other offence, will make a man a principal traitor in treason; and therefore you will consider, whether it makes any difference in the degree of guilt, that one appears to take a leading part, and another, one of his followers in the mischief---What injury could any traitor do, if he had not followers to assist him.

Gentlemen, if you find upon the whole of the case, inferences from the evidence of the facts stated, amounting to such a conviction brought home to your minds, as leaves no doubt, but that the prisoner is one of the persons called Defenders, and that their objects are treasonable you are bound to find him guilty. But if under all the circumstances you should have any doubt, such as reasonable men may entertain, consistently with their consciences and their duty to their country, you will not consider the consequences whatever they may be, but find the truth, and acquit the man.

Mr. Justice Chamberlain.-Gentlemen of the jury; It does not occur to me, that I can add any thing to what you have heard.

Mr. Justice Finucane.-Gentlemen; I do not think I can add to it.

The Jury retired for one hour, and brought in a verdict. Not Guilty.

[Wednesday, December 30.

Clayton and Cooke were brought up to he tried, when Mr. Attorney-general moved to postpone their trials; it had appeared upon the former trials, said he, that there are persons wicked enough to take away the lives of witnesses. One of the witnesses who was to prosecute those prisoners does not attend, and Mr. Cowan, another witness, has been attacked with the gout in his stomach, and cannot attend.

Mr. M'Nally.I have a doubt how far the Court has any discretion, under the Habeas Corpus act, to postpone these trials. Mr. Attorney General,---I admit, that if

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no indictment be found the first session, after committal, the prisoner must be discharged; and if one be found, and he is not tried the second session, he is to be discharged. But the act is silent as to the right of being tried. Then, my lords, I leave it to your discretion. Upon the Habeas Corpus act, the right of trial remains as before. The prisoners may be discharged.› but they are still liable to be tried.

Court. If the prisoners presented petitions upon the first day of the session after their committal, and are not tried on the second commission, they are entitled to be. discharged.

Mr. Attorney General, then addressed the Court, and the by-standers, in order to have it fully understood by the prisoners and the public, that though the persons now in custody should be discharged from imprisonment, yet the prosecution was by no means given up, but would on the contrary remain in full vigour and be carried on as soon as the king's witnesses should be. forth-coming.---He then descanted on the causes of those enormities which had brought the peace of the city and country, the property and lives of the public, into the very imminent danger in which they had so lately been, and from which he hoped that the proceedings of this commission would secure them.---Those evils he attributed to the very relaxed state of morality ---the extreme and culpable inattention of masters and fathers of families to the manners and conduct of their children, and to the growing and alarming prevalence of irreligion and infidelity, which wherever they became general, destroy public happiness and public safety, and loosen all the bonds which hold society together.

As one instance of culpable neglect in the public to the morals of the rising generation, he mentioned the conduct of those many masters who are become too proud to let their apprentices sleep in their houses. ---It was a known fact, he said, that apprentices now were generally sent to lodge in other houses than their masters, and in that profession with which he was most nearly connected, that of an attorney, there were only two men in the city of Dublin who kept their apprentices in their own houses. The natural consequence of this was, that boys at a very early age became fit subjects of those wicked men to work on, whose object was, to remove every religious and moral principle from the mind in order to make way for those abominable doctrines which they wished to inculcate.--He was not yet become a very old man, and yet he was old enough to remember a time when fathers and masters kept their children and apprentices at home, and taught them to pass their vacant evenings in some innocent amusement---now the evenings and the Sabbath were devoted to clubs and

men who have committed crimes in secrecy ever be convicted but by accomplices? If men of purity and innocenee only can convict in such cases, crimes the most dangerous to the public must for ever pass unpunished.

Cooke, Clayton, Turner, Flood, Hanlon and Clarke were then discharged from their imprisonment.

societies, where folly was taught to hatch treason, and imbecility to plot massacre.--To prevent effectually these dreadful crimes, which it was now fully proved had been attempted, the public must exert their own powers---the master and the father must again become the guardian of his servant and his child's innocence; and in order effectually to preserve that innocence, the best way would be found to guard them against the temptations and the opportunities of vice. Much pains had been taken, he said, to misrepresent to the public what passed in that place; it had been attempted to throw such a degree of odium on the king's witnesses, as should induce the public to believe their testimony insufficient to convict men charged with secret and most enormous crimes.---It was true, indeed, that the witness on a late prosecution had been proved to be a man who had been guilty of very atrocious offences, but by whom can

Thomas Dry, who had been out on bail on a charge of being a Defender, was called; and appearing, he was discharged on his own recognizance of 50%.

Mr. Attorney General said, that the principal witnes against Oliver Corbally, charged with high treason, had absconded. The crown therefore would not produce any evidence against him.

A jury was then impanelled, to whom Oliver Corbally was given in charge, and by whom he was acquitted for want of prosecution.

615. Proceedings on the Trial of THOMAS KENNEDY* for High Treason; before the Court holden at Dublin under a Commission of Oyer and Terminer, on Monday February 22: 36 GEORGE III. A. D. 1796.†

[Wednesday, December 23rd, 1795.

BRADY, Kennedy and Hart were this day brought up and being severally asked, whether they were ready for their trials, answered they were not, and an affidavit was sworn by Kennedy for the purpose of postponing their trials.

Mr. McNally. My lords, I am humbly' to move your lordships to postpone the trials of these prisoners, upon the affidavit which has just been sworn by Kennedy on the part of himself and the other two prisoners. The affidavit states that John Le Blanc, late of this city, but now of Belfast, is a material witness for the prisoners, without the benefit of whose testimony, they cannot with safety go to trial; that due diligence would have been used to procure his attendance but that they did not know until after the trial of James Weldon yesterday, that Le Blanc's testimony would be material. The affidavit also states that this application is not made for the purpose of delay.

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Mr. Attorney General.-My Lords, al- Brady, Kennedy and Hart having postponed though I could show that the affidavit is their trials at last commission, upon the innot sufficient to induce the Court to put of dictment then depending, new bills were sent the trial, yet I feel that it is my duty, un-up to the grand jury, which being returned less circumstances made it absolute neces- true bills; copies thereof were served upon the prisoners previous to this commission, and at their own desire, Messrs. M'Nally and Taken by William Ridgeway, esq. Bar- Lysaght were assigned their counsel.

* See the next case.

rister at Law.

VOL. XXVI.

This day Thomas Kennedy was put to the

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bar, and arraigned upon the following indict- "street in the parish of St. Andrew in the

ment:

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"to effect their most evil wicked and trea

«sonable imaginations and compassings "aforesaid the said Thomas Kennedy and "Edward Brady as such false traitors as aforesaid lord the king and the said persons so "said and during the said war between the

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"city of Dublin and the county of the said "city of Dublin aforesaid with force and arms Note. The caption of this indictment. varied from that in the former cases in.. falsely wickedly and traitorously did comthis particular-After setting out the « did compass imagine and intend the said pass imagine and intend and each of them commission as before it proceeded "to "lord the king then and there their supreme "deliver the gaol of all the prisoners and "true and lawful lord of and from the royal "malefactors therein, as often as occa“sion should require by the oath of this realm of Ireland to depose and wholly "state crown title power and government of "Richard Manders of the city of Dublin esq. Edward Burne," &c. "(setting out" and put to death and that to fulfil and bring "deprive and the said lord the king to kill twenty-three names) of the same, mer"chants, good and lawful men of the county of the city of Dublin, afore"said, then and there impanelled, sworn "and charged to enquire for the said "lord the king, and for the body of "the said county of the said city of "Dublin," it is presented in manner exercising the powers of government in "France as aforesaid to wit on the said 20th and form following, that is to say: "day of August in the 35th year of the reign "The jurors for our lord the king, upon "aforesaid at Suffolk-street aforesaid in the "their oath present that an open and public" parish of St. Andrew aforesaid in the said "war on the 20th day of August in the 35th "city of Dublin aforesaid and in the county "year of the reign of our sovereign lord" of the said city of Dublin aforesaid with George the third by the grace of God of" force and arms falsely maliciously and trai"Great Britain France and Ireland king "torously did join unite and associate them. "defender of the faith and so forth and long "selves and each of them did join unite and "before was and ever since hitherto by land" associate himself to and with divers false "and by sea hath been and yet is carried on "traitors to the jurors aforesaid as yet un"and prosecuted by the persons exercising "known and did then and there with such "the powers of government in France against "false traitors to the jurors aforesaid as yet "our most serene and illustrious and excellent" unknown enter into and become of a party "prince our said lord the now king and that" and society formed and associated under the "Thomas Kennedy of the city of Dublin and" denomination of Defenders with design and county of the said city yeoman and Edward" for the purpose of aiding assisting and adBrady of the said city and county of the "hering to the persons so exercising the "said city yeoman subjects of our said lord powers of government in France and so "the king of his kingdom of Ireland well" waging war as aforesaid against our said knowing the premises but not having the sovereign lord the king in case they should "fear of God in their hearts nor weighing" invade or cause to be invaded this his king"the duty of their allegiance and being moved "dom of Ireland and afterwards and during "and seduced by the instigation of the devil" the said war between our said lord the king 66 as false traitors of our said lord the now "and the said persons so exercising the king their supreme true lawful and un- "powers of government in France and ene"doubted lord the cordial love and true obc-"mies of our said lord the king on the 20th "dience which every true and dutiful subject" day of August in the said 35th year of the "of our said sovereign lord the king towards reign of our said lord the king and on divers "him our said lord the king should bear" other days as well before as after that day "wholly withdrawing and contriving and with "with force and arms at Suffolk-street afore"all their strength intending the peace and" said and county of the city of Dublin afore"tranquility of this kingdom of Ireland to "said they the said Thomas Kennedy and "disturb and the government of our said lord "Edward Brady as such false traitors as "the king of this his kingdom of Ireland" aforesaid in further prosecution of their "subvert and Our said lord the king "treason and traitorous purposes aforesaid "from his royal state title honour power "did and each of them did with divers other "imperial crown and government of this" false traitors whose names are to the jurors "his kingdom of Ireland to depose and" aforesaid of our said lord the king as yet "deprive and put our said lord the king to "unknown then and there meet and assem"death and final destruction to bring the said "ble to confer treat and consult for and about "Thomas Kennedy and Edward Brady and "the adhering to joining aiding and assisting "each of them on the 20th day of August in" of the said persons so exercising the powers "the 35th year of the reign of our said lord" of government in France as aforesaid and "the king and on divers other days and times being enemies of our said lord the king. 66 as well before as after that day at Suffolk

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* See the case of Weldon, ante, p. 225.

"as aforesaid in case they should invade or cause to be invaded this his king"dom of Ireland and afterwards to wit on

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[358 the twentieth day of August in the thirty- " the said 20th day of August in the said "fifth year of the reign aforesaid and on "35th year of the reign aforesaid and on "divers other days as well before as after "divers other days as well before as after that that day with force and arms at Suffolk- "day with force and arms at Suffolk-street "street aforesaid in the parish of St. Andrew "aforesaid in the parish of St. Andrew afore“aforesaid in the city of Dublin aforesaid "said in the city of Dublin aforesaid and "and county of the city of Dublin aforesaid "county of the city of Dublin aforesaid the said "the said Thomas Kennedy and Edward "Thomas Kennedy and Edward Brady as "Brady as such false traitors as aforesaid in "such false traitors as aforesaid in further "the further prosecution of their treason and "prosecution of their treason and traitorous "traitorous purposes aforesaid did then and purposes aforesaid did then and there and "there with divers other false traitors whose" each of them did then and there with divers "names to the said jurors are as yet unknown "others false traitors whose names are to the "wickedly and traitorously associate and unite "said jurors as yet unknown wickedly and "themselves to and with and each of them "traitorously in order to encourage corrupt "did associate and unite himself to and with procure and enlist one William Lawler a "divers other false traitors unknown to the subject of our said lord the king to become "jurors aforesaid and did along with said "one of a party and society formed united "false traitors to the jurors aforesaid un- "and associated for the purpose of subvert"known enter into and become and each of❝ing and overturning by force and arms the "them did enter into and become of a party government of our said lord the king of "and society united and associated under the and in this kingdom of Ireland as by law "denomination of Defenders with design and "established and of dethroning our said lord "for the end and purpose of deposing and "the king did then and there traitorously "dethroning by force and arms our said lord encourage procure and enlist the said Wil"the king and afterwards to wit on the said "liam Lawler to join himself to and become "20th day of August in the said 35th year of" of a party and society formed united and "the reign aforesaid and on divers other days" associated for the purpose of subverting and "as well before as after that day with force and "overturning with force and arms the go"arms at Suffolk-street aforesaid in the pa- "vernment of our said lord the king of and "rish of St. Andrew aforesaid in the city "in this kingdom of Ireland as by law esta" of Dublin aforesaid and county of the city "blished and dethroning our said lord the "of Dublin aforesaid the said Thomas Ken- "king and afterwards to wit on the said "nedy and Edward Brady as such false trai- "20th day of August in the 35th year of the "tors as aforesaid in further prosecution of "reign aforesaid and on divers other days as "their treason and traitorous purposes afore- "well before as after that day with force and "said did then and there with divers other "arms at Suffolk-street aforesaid in the pa"false traitors whose names to the said jurors "rish of St. Andrew aforesaid in the city of "are as yet unknown wickedly and traitor- "Dublin aforesaid and in the county of the "ously in order to enlist and procure one "city of Dublin aforesaid the said Thomas "William Lawler a liege subject of our said Kennedy and Edward Brady as such false "lord the king then and there being to be "traitors as aforesaid in further prosecution "aiding and assisting to the persons so ex"of their treason and traitorous purposes "ercising the powers of government in "aforesaid did then and there and each of "France and enemies of our said lord the "them did then and there with divers other "king as aforesaid in case they should invade" false traitors whose names to the said jurors ❝or cause to be invaded this his kingdom of "are yet unknown wickedly and traitorously "Ireland and to engage and bind himself" in order to enlist and procure one William "thereto did then and there traitorously ad"minister and cause to be administered on ❝ oath to the said William Lawler he the said "William Lawler being then and there for "that purpose previously sworn a certain "profession declaration and catechism to the

purport following that is to say I am con"cerned. So am I.-With who? With the "National Convention (meaning thereby "the National Convention of France)."What is your designs?-On freedom."Where is your designs?-The foundation "of it is grounded in a rock.-What is your "designs? Cause to queal all nations, de"throne all 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 the pass word?Eliphismatis. And afterwards to wit on

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"Lawler a subject of our said lord the king "to be aiding and assisting to the persons 66 exercising the powers of government in "France and enemies of our said lord the king as aforesaid in case they should invade

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or cause to be invaded this his kingdom of "Ireland and to bind and engage himself "thereto did then and there traitorously ad"minister an unlawful oath to the said Wil"liam Lawler to the purport following that is "to say-I, William Lawler, of my own good ""will and consent, do swear to be true to "his majesty king George the third, whilst "I live under the same government, more I "swear to be true, aiding, and assistant to "every brother bound to me by this appli"cation, and in every form of article from "its first foundation January 1790, and in "every amendment hitherto, and will be

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