66

"otherwise, nor will I consent to any society, "or any brother of an unlawful character, "but will observe and obey the laws and re"gulations of my committee to whom I be"long determined brother, nor in any viola"❝tion of the laws but to protect my life and "property, and the lives and properties of my "brethren; and I will subject myself to my ""committee-men in all lawful proceeding, "and not otherwise during the reign of his "majesty king George the third, whilst I live ""under the same government. I likewise ""swear I will meet when and where my com"mittee will please, and will spend what is "pleasing to president and company; I will "not quarrel nor strike any person what"somever, knowing him to be such, but will "live lovingly and friendly with every one ""under that denomination; I will not rise any "fight or quarrel on account of my present "intrus, or back that part for unto my bro"therhood'; and the said profession declara"tion and catechism being of the purport fol"lowing that is to say- I am concerned."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 de "signs-The foundation of it is grounded 66 C on a rock. What is your designs ?-Cause "to queal all nations, dethrone 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 is "the pass word?-Eliphismatis."-And the "said jurors of our said lord the king upon "their oath further present that an open "and public war on the said seventeenth day "of August in the thirty-fifth year of the "reign of our said lord George the third and " so forth and long before and ever since "hitherto by land and by sea hath been and " is carried on and prosecuted by the persons "exercising the powers of government in "France against our most serene illustrious " and excellent prince George the third now "king of Ireland and so forth and that the "said Thomas Kennedy and Edward Brady "(being then and there subjects of our said "lord the king) of his kingdom of Ireland "well knowing the premises not having the

"obedient to my committees, superiors, "commanders, and officers in all lawful pro"ceedings and not otherwise, nor will I "consent to any society or any brother of an unlawful character, but will observe "and obey the laws and regulations of my committee to whom I belong determined "brother, nor in any violation of the laws, "butto protect my life and property, and the "lives and properties of my brethren, and "I will subject myself to my committee"men in all lawful proceedings, and not "otherwise during the reign of his ma"jesty king George the third whilst "I live under the same government. "I likewise swear I will meet when and "where my committee will please, and will "spend what is pleasing to president and "company; I will not quarrel nor strike any 66 6 person whatsomever, knowing him to be "such, but will live lovingly and friendly with ""every one under that denomination; I will "not rise any fight or quarrel on account of "my present intrus, or back that for unto my "brotherhood.' And afterwards to wit on "the said 20th day of August in the 35th year of the reign aforesaid and on divers "other days as well before as after that day "with force and arms at Suffolk-street afore"said in the parish of St. Andrew aforesaid "in the city of Dublin aforesaid and in the "county of the city of Dublin aforesaid the "said Thomas Kennedy and Edward Brady as such false traitors as aforesaid in further "prosecution of their treason and traitorous purposes aforesaid did then and there and " each of them did then and there with divers "other false traitors whose names to the said "jurors are yet unknown wickedly and traiแ torously in order to enlist and procure one "William Lawler a subject of our said lord "the king to be aiding and assisting to the "said persons se exercising the powers of go"vernment in France and enemies of our "said lord the king as aforesaid in case "they should invade or cause to be invaded "this his kingdom of Ireland aid and assist " and then and there were and each of them "was then and there present aiding and assisting one James Weldon in adminis"tering an unlawful oath to the said William "Lawler and in administering to and causing" fear of God in their hearts nor weighing "the said William Lawler to rehearse and re "peat on oath a certain profession declaration "and catechism the said unlawful oath being "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 application, and in

every form of article from its first founda❝tion, January 1790, and in every amend"ment hitherto, and will be obedient to my "committee, superiors, commanders and "officers in all lawful proceedings and not

"the duty of their allegiance but being "moved and seduced by the instigation of "the devil as false traitors against our most "serene illustrious and excellent prince "George the third now king of Ireland and so forth and contriving and with all their strength intending the peace of this kingdom of Ireland to disturb and the government "of this his kingdom of Ireland to subvert "The said Thomas Kennedy and Edward "Brady on the twentieth day of August in "the thirty-fifth year of the reign aforesaid "and on divers other days and times as well "before as after that day with force and arms at Suffolk-street aforesaid in the

possible to make it more explicit, than the or- character, flagitious in his conduct, and reprodinary form of words. The crime of high bate in his principles, and therefore you are treason, which you are now sworn to pass not to place any reliance upon his testimony. your verdict upon, differs in the manner of es- ---Gentlemen, I do not wish to conceal any tablishing the guilt, from any other known in thing respecting the conduct, the manners, or the law. The imagination or intent to com- the principles of the witness---he was cermit the crime, is the crime itself. The mere tainly, at one time, an accomplice in guilt intent, in any other case, will not constitute with the prisoners at the bar; but from whom the crime; but because the king is the chief is information of treasonable designs to be magistrate of the state, and his presence is had, if it be not received from such men? necessary to the tranquillity of the state and Here the treason has been carried on with seof individuals, the law has made the imagin- crecy---a secrecy secured by the solemnity of ing, intent and design in that instance crimi- oaths and mutual pledges of attachment. If nal; and in that instance alone, the intent is therefore, accomplices are not received, the a crime; but the law, while it does thus pre- system of treason must proceed until it is serve the life of the chief magistrate, does, complete, and triumphs with impunity over with equal care, guard the life of the subject justice and law. Respectable characters are charged with such an offence; and though not to be expected in such cases; loyal subthe imagination constitutes the crime, yet the jects will not embark in dark plots, conspilaw says, there must be evidence of a fact done racies, and machinations against the state. to show that imagination; that is called an Here has been a treasonable conspiracy hatchovert act, an act openly done. In the presented in secret, which in all probability never case, it is not necessary that you should em- would have been developed, but from the inbarrass your minds with the charge of com- formation of persons actually implicated in passing the king's death, because if the evi- the crime. But, gentlemen, though the witdence shall be given according to my instruc- ness who will be produced this day before tions, it will support the charge of adhering you, might have been for a time connected to the king's enemies, and that is evidence of with traitors, and an abettor of their conspicompassing the king's death. In short, the racies, will it be argued, that he might not charge will be proved, that he adhered to the have been a deluded man---that he might not enemies of the king; and that will be estab- have been awakened to a sense of his guilt, lished by clear overt acts. There are eight of stop short before the completion of their them stated in the indictment; I shall not crimes, and becoming sensible of the danger enumerate them all, but confine myself to in which he had involved society, endeavour those which are so plain that it is impossible to make some atonement to his country, by for any man not to understand them, and confessing his criminality, discovering his acwill be so fully proved that no doubt can be complices, and rescuing his fellow subjects entertained. from the horrors of confusion, anarchy, and bloodshed, into which they were on the brink of being overwhelmed?

Gentlemen, there has existed, and there does exist within this kingdom of Ireland--what we all know, for it is impossible for a jury to shut their eyes against it---a treasonable conspiracy against the established government in church and state, by persons styling themselves Defenders in various parts of the kingdom, uniting themselves by signals and signs, by which they could be known to one another in any part of the country. These signals have been communicated to them from quarters not yet perfectly discovered; but the existence of the conspiracy has been proved, and will be again proved to you; it is as notorious as that the king reigns, or any other historical fact. The charge which you are now to try is, that the prisoner was one of that conspiracy. The overt acts to prove this, are what I shall now mention: a man of the name of William Lawler

But in truth, gentlemen, this witness will not appear in the light of a common approver, giving testimony from the hope of reward, and with a view to save his own life. This man was not in such a situation---no charge was made against him, he was not in custody, nor was any reward offered for discovery. He made his confession voluntarily; it was the conscientious result of a repenting mind, and of alarm and terror excited by the discovery of designs of blood and massacre, which had not been previously communicated to him. Neither, gentlemen, are you to consider him as an uncorroborated witness. the contrary, his testimony is confirmed by facts incapable of contradiction. Indeed the law of treason in Ireland, makes the evidence of one witness sufficient to convict a prisoner, if that evidence be received by a jury as cre

[Here Mr. Attorney General stated the trans-
actions which took place at the different meet-dible.
ings, which being detailed in the preceding
cases, it is thought unnecessary to repeat. He
then proceeded]---Gentlemen, if the evidence
be as stated, the only question for your consi-
deration will be, what credit should be given
to the witness, Lawler ?--You may be told
that he is a man of abandoned and immoral

On

In the present case, you will have strong concurring evidence to establish the veracity and consistency of the witness, namely, papers found in the fob of the prisoner's breeches, which papers were so found in consequence of the previous information given to the magistrate by the witness. But, I do not urge this with a view of making an

impression upon your minds unfavourable to the prisoner; the evidence will be highly deserving of your consideration, and I have no doubt, will be minutely attended to.

ask Eaton for the letter, but understood he corresponded with Rowan.---Witness upon his return to Ireland, became a member of a society does not recollect the name---it was soon after dissolved, but was a republican society---gave the letter to a servant of Mr. Rowan's, two or three days after he arrived

Gentlemen, before I conclude, I must beg leave to say a word with respect to the attempts which have been made to influence the public mind, and agitate the feelings of does not know the street, it was the left the public, by abominable and scandalous pub- hand of Britain-street---called in a few days, lications in newspapers, reflecting upon the and saw Mr. Rowan himself---he gave witness credit of Lawler, the witness---publications a print of Thomas Paine.---Witness became which have been filled with misrepresenta- acquainted with Burke, who was expelled the tion, and are calculated to defeat the ends of college, and Atkinson, the son of a watchpublic justice. Gentlemen, I do not say this maker in Skinner-row, who told him Burke to raise a prejudice in your minds against the was collecting ten men, and desired witness prisoner, but to encounter that which by pos- to meet him at Galland's in Crane-lane--the sibility may have been excited through the Telegraphic Society afterwards met in Hoey'smedium of those publications to which I have court. Burke told him the plan was that he alluded.---In truth, gentlemen, the trials of himself named ten, each of whom was to find Weldon and Leary went upon distinct ten others, and each of those were to find five grounds; and I do aver, and shall unques--this would make a sufficient force to take tionably prove it, that upon the evidence the Castle of Dublin---one hundred were to given in the respective cases, Weldon was be cloathed in scarlet uniforms, to make the justly convicted, and Leary perhaps reason- citizens believe the soldiers had joined them ably acquitted. --witness made up his ten in a fortnight, and procured a room in High-street, where they met--they were called the Philanthropic Society. About a fortnight after the Fermanagh militia went to Lehanstown camp, witness became a Defender---was introduced to that society by Kennedy the prisoner at the bar, and Brady---they called at his lodgings on Sunday evening, and brought him to the Mr. Attorney General.---My lord, I do not horse-barrack, where he was to be sworn a mean to urge any thing which is not regular; Defender by Weldon, to whom witness was and upon the whole of the case, I conjure the to pay a shilling, as he was a Committee-man gentlemen of the jury to discard every pre----had known Brady and Kennedy before--judice from their minds---to reject every thing which they have previously heard---and to rest their verdict solely upon the impression which will be produced by the evidence in

Mr. Lysaght.-I must beg leave to interrupt Mr. Attorney General. I conceive it is not regular to allude to past trials, even in

statement.

Earl of Clonmell.---I never heard that it was carried farther than in a case, where Mr. Yorke declared, that nothing should be stated, which could not be given in evidence.

Said he went to London in the year 1791, where he worked at his business, which was that of a gilder ;---became a member of the London Corresponding Society --their object was a radical reform in parliament --returned to Ireland about two years ago---had a letter of introduction from Daniel Isaac Eaton, a bookseller in London, to Mr. Archibald Hamilton Rowan, of Dublin---did not know the contents of the letter, but it was to introduce him to Mr. Rowan---did not

"The general tenour of the witness's testimony upon this trial, corresponding with what he had given in the two former cases, induces the reporter to abridge it considerably, and to state it in the form of a narrative, rather than by question and answer, as has been done where it is set forth at large." Orig. Edit. See Lawler's examination on the Trials of Weldon and Leary, p. 251. and p. 392 of this Volume.

they were members of the Philanthropic Society---had a conversation with them three weeks before about Defenders---they said there was a thing getting among the army, so that they could do without the societies-they managh militia, and as Hanlon had gone to said they were sworn by Hanlon, of the Ferthe camp, they would bring the witness to Weldon, whom they met at a public-house opposite the barrack-gate---they were joined by Clayton---Weldon said, "Had we not better make these two?" meaning Clayton and the witness---a prayer-book was produced, and Weldon pulled two papers out of his pocket, desired the witness and Clayton to lay their right hands on the book, and repeat after him, which was done---these are the papers. The next time witness saw these papers, was about eight days after Weldon left town, in the possession of Kennedy in Drury-lane---Murphy and Fay were with the witness --- knew them to be Defenders, by their using the signs---Kennedy came out of his master's house into Drury-lane with these papers---witness challenged them, loud enough for all to hear---Kennedy allowed them to be the same papers. When Weldon swore them upon the test---he told them the signs by which they might know a Defender [Here the witness described the signs as before,

++

vide p. 255]. Weldon said Eliphismatis was a Latin word, but he did not know the meaning of it. He also said, "If the king's head were off to-morrow, they would be no longer under his government." Weldon, was he not afraid to carry those Witness asked papers about him---he said no, for he was never searched, and did not care who saw the large one, the small one was the principal, the other was only a test on account of swearing the soldiers. Brady asked if there was any one to head them? was one in the North, but did not mention his Weldon said there name. Kennedy asked how they would be informed? Weldon said there would be letters sent through the country to inform the Defenders when they were to rise. Brady asked how every one would know it? Weldon said, by the Committee-men---he would tell Brady when the next meeting would be held, that there would be one next week. Clayton and Kennedy then went away, the rest remained drinking punch---they were all sober; but Kennedy was obliged to go home, being an apprentice. [The witness then gave an account of the meeting in Plunket-street, precisely as in the former case, vide pp. 256, 257.].The next meeting was at Stoneybatter, which was held for the purpose of going out to take arms. man, and mentioned that their object was to Hart swore a young assist the French [Vide pp. 257 et seq.]. This was sometime in the month of August. The next meeting was at Nowlan's, in Drurylane, on Sunday the 23rd of August--a good many attended---Coffey was in the chair---he wanted to know how many Defenders were in Dublin, that they might have officers placed over them---it was agreed to meet on the Sunday following, when the Committeemen would report the numbers---Hart and the witness were called to order for talking to gether.-Hart told him---[this evidence was objected to and not admitted]-the day after he ceased to be a Defender, and gave information to Mr. Cowan, in Grafton-streetWitness's reason was on account of what he had heard from Hart, as to the designs of the Defenders;-heard there was to be a meeting at Crumlin, told Mr. Cowan of it, and also alderman James ;---witness went there to delay them---they went to that place to be out of the way---the prisoner was not at Crumlin ---witness told the alderman he would be there, and knew he himself was to be taken with the rest-told alderman James that the papers upon which witness was sworn by Weldon, were in Kennedy's fob-saw them at a meeting at Dry's in Cork-street, on the 23rd of August, when they were produced by Kennedy, who took them from his fob, and asked if Lewis was not a proper person to be sworn a Defender ?-was answered by Dry, he was -Coffey produced the prayer-book-Kennedy laid the papers upon Coffey's bed, which was strapped up like a trunk-there were three papers-Kennedy said he had written one

194

Trials of the Defenders

[368

himself, for there was one of Weldon's which the third paper;-after Lewis was sworn, he did not like-witness paid no attention to | Kennedy put the papers into his fob again

dinner- they went to the Philanthropic SoLewis called on witness the same day after ciety, which usually met at Dry's in Corkstreet-it was to meet that evening at five o'clock-the meeting at Nowlan's was to be Nowlan's-saw the papers with Kennedy at at six-Lewis was sworn before they went to the papers, he read Dry's, but not at Nowlan's-when he read -gs kings.

[The two papers were then read, for which vide indictment.]

Cross-examined by Mr. McNally.

his father and mother were ProtestantsWas brought up in the Protestant religion knows that every true Protestant believes in he went to England, but did not then deny the Trinity-went with the Methodists before the Protestant religion-sometimes went to church, sometimes to chapel-continued a Methodist after his return to Ireland-has read the 1st and 2nd parts of Paine's Rights of Man, but never read his Age of Reason-always believed in God, and there was no Saviour, and that he was a false Burke wanted to persuade him to believe future state, but prophet;-Burke gave him a little book writ. ten by himself, and signed with his name, in support of his doctrine-it shook witness in his belief, but he was since convinced of his error, and was sorry for it-had done many things before which were wrong.-Witness asked the chairmen, at the corner of the street, what number Rowan lived at-the name of the street was on the back of the letter-Eaton told him, he mentioned him in the letter to Rowan-never was charged with bringing a false letter to Rowan---there was a false name in the letter to Rowan, for witness went by the name of Wright in London, and when witness told Rowan his name, where he that must have been the name in the letter--lived, and of the Corresponding Society, Rowan did not ask him to come again--he gave witness some printed papers, does not recollect exactly what they were-never was charged with being a thief---it was said he took a frame from Mr. Robinson's, but another person afterwards told him he knew who stole it---Rowan asked him about the society in London and the militia, and about forming a society here---this passed in Newgate-oneStrephon, who came to witness, mentioned a wish, that there should be a society formed here like the London Corresponding Society ---witness advised an application to Rowan, who approved of it, but desired them to be cautious, as they saw what a scrape he had got into the reason he changed his name was serted---does not exactly recollect what he on account of his having enlisted, and deswore when he was attested...was not then a