Curia Justiciaria, S. D. N. Regis tenta in Nova Sessionis Domo de Edinburgh, duodecimo die Octobris, millesimo septingentesimo et nonogesimo septimo.-Per honorabiles viros, Robertum M'Queen de Braxfield, DominumJusticiarium Clericum, Joannem Swinton de Swinton, Dominum Gulielmum Nairne de Dunsinnan, Baronetum, et Davidem Smyth de Methven, Dominos Commissionarios Justiciariæ dicti S. D. N. Regis. Curia legitimè affirmata. Intran,

Neil Reidpath, servant or late servant to George Dickson, tenant in Lampockwells, in the county of Haddington, and

Robert Mitchell, servant or late servant to Andrew Blair, corn-dealer in Tranent, Pa

nels.

the criminal libel raised and pursued at the
instance of his majesty's advocate, for his ma-
jesty's interest, against Neil Reidpath and
Robert Mitchell, Panels; the interlocutor of
relevancy pronounced thereon by the Court;
the evidence adduced in proof of the indict-
ment; and the evidence adduced in exculpa-
tion;-They all, in one voice, find the libel
not proven. In witness whereof their said
chancellor and clerk, have subscribed these
presents, consisting of this and the preceding
page, in their names, and by their appoint-
ment, place and date aforesaid.
(Signed)

W. FETTES, Chancellor.
J. D. THOMSON, Clerk.

The lord justice clerk, and lords commissioners of justiciary, in respect of the foregoing verdict, assoilzie the panels simpliciter,

and dismiss them from the bar. (Signed)

ROBERT M'QUEEN, J. P. D.

There are various other indictments on re

cord, for riots in opposition to the militia laws: Some of them stronger cases than the present, followed by convictions. But they are not of sufficient importance or interest to be here inserted.

* See in this Volume, the case of Cameron and Menzies, A. D. 1798.

COMMISSION.

Monday, October 23rd, 1797. Judges. The hon. Robert Boyd, and hon. William Downes, two of the Justices of his Majesty's Court of King's-bench. The grand jury of the city of Dublin having at the last commission found the following bill of indictment, the persons therein named, were then arraigned :

County of the city of THE jurors of our lord Dublin to wit the king upon their oath present, that James Dunn, Maurice Dunn, Patrick Carty, Peter Reily, Edward Martin, John Broderick, William Carriage, Michael Farrell, Thomas Bourke, James Fairweather, John Taaffe, Mathew Lawler, Patrick Hickey,

Reported by William Ridgeway, esq. bar

rister at law.

James Bacon, George Ryan, William Darcey, Garrett Byrne, Thomas Byrne, John Farrell, Patrick O'Neil, John Whelan, and Miles Dignan, being evil, wicked disposed and designing persons, on the 7th day of May, in the 37th year, &c. at Strand-street, &c. wickedly, wilfully, maliciously and feloniously did conspire, confederate, and agree together, and to and with each other, wilfully, feloniously, and of their malice prepensed to kill and murder Henry Lawes Luttrell, earl Carhampton, then and there being a true and faithful subject of our said lord the king, against the peace of our said lord the king, his crown and dignity, and against the form of the statute in that case made and provided.

The prisoners severally pleaded, not guilty, and being this day brought up for trial, were asked, Whether they would join in their challenges? Answered in the negative:Whereupon James Dunn was put upon his trial alone.

Counsel for the Crown.-The Attorney General [The Right Hon. Arthur Wolfe, afterwards Viscount Kilwarden, and Lord Chief Justice of the Court of King's-bench.]

The Prime Serjeant [James Fitzgerald.] The Solicitor General John Toler, afterwards lord Norbury and Lord Chief Justice of the Court of Common Pleas]. Mr. J. S. Townsend, Mr. Ridgeway, Mr. Mackenna. Agent.-Mr. Kemmis.

Counsel for the Prisoner.-Mr. Curran [afterwards Master of the Rolls.] Mr. Macnally, Mr. Jonas Greene, Mr. Emmett. Agent.-Mr. Dowling.

The sheriffs returned the panel, which was called over, and the jury sworn, in the following order:

Richard Manders, merchant, challenged peremptorily by the prisoner.

Patrick Bride, esq. sworn. William Thompson, esq. challenged peremptorily by the prisoner.

George Carleton, merchant, sworn. William Lindsay, merchant, challenged peremptorily by the prisoner.

James Blacker, merchant, sworn. Samuel Rosborough, merchant, challenged peremptorily by the prisoner.

Richard Wilson, merchant, same.
William French, esq. sworn.

To whom the prisoner was given in charge.

Mr. McKenna opened the indictment.

Mr. Attorney General.-My Lords, and Gentlemen of the Jury;-I am directed officially, on the part of the crown, to prosecute the prisoner at the bar. I should not, in a case in which the prisoner is not entitled to the same privilege by his counsel, trouble the

William Duncan, merchant, sworn.

of the crown.

William Bean, merchant, sworn. Edmond Nugent, challenged peremptorily by the prisoner.

Mark Roberts, merchant, same.

part of the crown.

Daniel Maguire, merchant, same.

William Tenant, merchant, sworn.

shall become acquainted with the circumstances this salutary effect-that they may see the fatal and horrible length, to which

John Lyons, merchant, same. Lewis Hodgson, merchant, sworn. James King, merchant, challenged peremptorily by the prisoner.

Thomas Prentice, merchant, set by on the part of the crown.

Meade Nesbitt, esq. challenged peremptorily by the prisoner.

may know that when they enter into those societies, they expose themselves to crimes of the most horrid and atrocious nature.

Gentlemen, the prisoner at the bar stands indicted for conspiring and confederating with others to take away the life of the earl of Carhampton, which offence by the law of this country is now a capital felony. It is fit I should inform you as shortly as may be, how that crime came to be a capital felony---not that you or the Court have any thing to do

Peter Roe, merchant, set by on the part of

the crown.

Thomas Kellet, merchant, challenged peremptorily by the prisoner.

William Howard, merchant, same.
William Lancake, merchant, same.
Ambrose Leet, esq. same.
Cornelius Gautier, merchant, sworn.

are to inquire whether the prisoner be guilty of the fact charged upon him, and the judges are to execute the law, if the prisoner be found guilty.-By the law of England, in early times, it was a capital offence, to compass and imagine the death of any man, a subject, or the king; but in more modern times the fact of murder alone was considered capital, and the crime of compassing the death was capital

only in the case of the king, on account of the interest which society has in his life. With regard to a subject, the compassing of his death became a misdemeanor merely.-The legislature did not see a necessity to increase the punishment.-The crime was scarcely ever committed, and seldom even suggested itself to the imagination of men. It was not till of late-of very modern days---till the foundation of that system which rages through the country-when the nation was disgraced by the frequent conspiracies to murder, that the legislature finding the crime prevail, permitted a bill to be introduced for the purpose of making that crime a felony of death. That bill three years since passed through two stages in the House of Commons-and then trusting that an impression would be made by what had passed there, such was the moderation of the legislature, that they adjourned the consideration of the bill to a distant day, and it did not pass in that session. Unhappily, the expectation entertained proved groundless;-the crime became more prevaTent, and two years after, the legislature was compelled to pass a law making conspiracy felony of death. Gentlemen, to state what the crime is must be sufficient to show that no punishment is too severe. The crime must be this:-Two persons at least deliberately agree upon the murder of another. The mind must approve putting out of society for ever, the man capable of such a crime.

But, gentlemen, that is not for your consideration. All you have to inquire is, whether James Dunn, the prisoner at the bar, did conspire with any of the persons named in the indictment to take away the life of the earl of Carhampton.

I will now state as briefly as I can, the evidence that is to be laid before you. It will appear, that there was, in the city of Dublin, a society, known by the appellation of "United Irishmen."-That society is divided into a vast number of societies, connected with each other progressively by Baronial Committees, Provincial and National Committees. What may be the professed objects of the society, it is not for me to state. But it will appear by the trial of this day, if I am rightly instructed, that those objects are attempted to be obtained, by murder and deliberate assassination assassination, not casually to be committed by individuals of the society---not perpetrated through the mistaken zeal of an individual---but it will appear, that those assassins come out of the society itself and are supported by the pay of the society, even to their protection if brought to trial.

Gentlemen, if I am rightly instructed, it will appear, that the assassination intended in this case, was promoted by a society of United Irishmen, which agreed to pay with Baronial money, the persons who should commit the assassination.

Gentlemen, I hope I may be pardoned-I do not state these circumstances to make an

impression upon your minds-I do it, in perhaps the mistaken, but certainly the anxious hope, that the knowledge of these facts may produce an effect upon those who have been deluded hitherto, and upon those upon whom delusion may hereafter be attempted.---That while they are told they are only to assist to bring about some constitutional improvement, men may know they are enlisted to commit crimes the most disgraceful to human nature that they may learn that the sixpences they contribute to the common fund may be the wages of assassination, perhaps of their best friends and patrons, discharging the duties of the stations in which they are placed.

Gentlemen, it will appear, that in one of those societies, which assembled in this city upon the 7th of May last, in the morning, the prisoner at the bar, of the name of James Dunn, a blacksmith and farrier in the service of lord Carhampton, resident at his gate at Luttrelstown in the county of Dublin, came to the society, got himself introduced, at the instance of the man of the house where the society was assembled, and did deliberately propose to assist their cause by taking away the life of the earl of Carhampton. Previous to his being received to make this proposition, he was called upon to show he was an United Irishman, which he did by the signs known among them :---thus accredited he made his proposition-the society acceded to it:-he was asked, who could assist him :-he said, there were many to stand by him, but there were three or four, upon whom he could particularly rely. He was desired to come again in the evening--where he would meet the same persons, and to bring with him the persons he mentioned.---He did accordingly come.---But the society conceiving, that the assembling of sixteen persons, together with the assassins, might excite some suspicion, appointed a committee of assassination, consisting of seven members, who were to concert the business with Dunn and his party. Thus sixteen men, assembled upon a Sunday morning, unheated by liquor, unprovoked by passion or injury, do hear proposed from a member of their society, a scheme to murder the earl of Carhampton, they take an oath to keep secret and to effect the plan, and they appoint a committee of assassination to execute their horrid purpose.

It will appear, that in the evening, Dunn came, with three others, whose names are mentioned in the indictment---that in the evening, the committee of assassination satthey examine Dunn and his associates, where they lived, and who they were; and such inquiry was made, and such answers given as to satisfy the committee, that they were persons to be relied upon in the work they were to undertake. A scheme was proposed by the prisoner at the bar for the purpose of carrying their design into effect---that scheme was disapproved of, and a member proposed another, which with some variation was adopted. The

committee adjourned with an intention, that this scheme should be executed upon the ensuing Sunday.

the prisoner guilty. These facts are confirmed from the mouth of the prisoner. After he was apprehended, he did, in a conversation, where neither hopes nor fears were excited to influence his mind, admit to lord Carhampton, that he had entered into the conspiracy, and had determined to take away his life :---He did, as it were enthusiastically, admit and glory in every thing he had determined to do; acknowledging at the same time, that he had not received any injury from the earl of Carhampton. The particulars which passed, I would rather you should hear from the wit

:

The secretary of the Baronial Committee, it seems, did not think himself warranted to advance the money, and it became necessary to make an application to the secretary of finance :---Bourke was therefore applied to; he was foreman to Mr. Miles Dignan of Grafton-street, and he said, that the thing must be postponed, until Mr. O'Callaghan, who was at head of the finance, should recover. Bourke was one of the sixteen at the first meeting, and though he mentioned that the matter must be postponed for the reason he stated, yet he recommended strongly, as more adviseable, to execute the plan immediately, saying that he entertained no doubt that the money would be had afterwards.

Gentlemen, this plan was to have been carried into execution upon the 14th of May; but the means not being had, Dunn came to town that day, attended by Carty and others his companions, to deliberate with the committee of assassination; and upon his return home, he, together with Carty, was arrested.

Gentlemen, I do not take up your time with a more minute detail of the particulars. The chairman of the committee, James Ferris, had, previous to the meeting of the 7th of May, seeing the dangerous tendency of the society, informed lord Carhampton of its views; and lord Carhampton recommended to him not then to quit the society, for he might make discoveries useful to the state. Afterwards this proposition to murder the earl of Carhampton was made, which Ferris immediately disclosed.

If, gentlemen, this outline of the facts be proved, you can have no hesitation in finding

way.

This, gentlemen, is the outline of the case; you will hear the witnesses detail it more particularly. If the prisoner be innocent, you will have pleasure in acquitting him. But if he be guilty, you have an important duty to perform, to find a verdict that will, by deterring others, preserve the lives of many of your fellow-creatures.

I hope the audience now assembled, and others who may hear of this trial, will reflect upon the situation in which these societies place the persons who enter them; that when they are contributing the produce of their industry, into the funds of these associations, they do it for the hire of assassins, whose daggers are pointed at their best protector, as in the present case lord Carhampton was to fall by the hand of his servant, merely because he had discharged the duties, with which he was entrusted, as a magistrate and a general officer. The only reason which these conspirators had for putting the earl of Carhampton to death was, that he had with an. activity, zeal, and ability unexampled, exerted. himself to suppress insurrection, and to restore the peace of his country.* James Ferris sworn.-Examined by Mr. Prime Serjeant.

Do you know a person of the name of James Dunn ?—I have seen him.

Point him out to the jury?-There he is [pointing to the prisoner.]

Do you recollect the 7th of May last?-Am I at liberty to recur to notes to assist my memory?

Mr. M'Nally for the prisoner. When did you take these notes? —A day or two after.

As to this, see 2 Plowden's Historical Review of the State of Ireland, p. 537.

Did you take them all at one time?—No, because there were different times. Court. Do you mean to say, that you made those notes after each particular transaction? Just so, my lord.

Mr. M2 Nally.—On your oath, have you revised or embellished those notes at any subsequent time?—I have.

Then these are not the very notes which you first took down, but have been revised, embellished, diminished, and increased for the purpose of refreshing your memory?— They are the same in effect.

Mr. M'Nally.—My lords, I submit, that these notes cannot be made use of.

Mr. Justice Boyd.-State what you can from your recollection, and you may recur to the notes afterwards, if necessary.

Mr. Prime Serjeant.-Did you see the prisoner upon the day I mentioned, the 7th of May?—I did.

Where?--In Strand-street.

That is in the county of the city of Dublin ?--I believe it is.

Had you any acquaintance with him before that day?--I never saw him before in my life.

Were you in the discharge of any duty that day?---I was chairman of a meeting that day. Where? In the house of Maurice Dunn, in Strand-street.

There you saw the prisoner ?---It was.
Was he introduced by any person?-He

was.

By whom?-By Maurice Dunn, the man of the house.

You were in the room, and were called out? -I was, by Maurice Dunn.

Who then introduced the prisoner to you? ---He did.

As near as you can recollect, state what passed between you and the prisoner upon that occasion ?---After Maurice Dunn had introduced the prisoner to me-Am I at liberty to state what Maurice Dunn said?

What passed?-Says James Dunn, “ I understand you are head of the meeting within." I told him I was chairman.

What reply did he make?" So the man of the house was telling me, he is a name-sake and relation of mine."

Well, sir?" How do matters go on ?" The answer I made him was, "swimmingly"--to the best of my recollection.

Well, sir?" We hear down our side, that Carhampton is a great eye sore to matters." Court. Who said that?---The prisoner, James Dunn, my lord.

Mr. Prime Serjeant.--Well, sir?—"We hear that he is taking up people, and sending them on board every day." "So I hear"--was my answer." There are a few friends of us; a few more and I, who were putting our heads together about doing him out."

Who said that?-James Dunn, the prisoner at the bar.

What more?" We had a notion of doing him out in the demesne, but then we are so well known in the place, that I thought as how it was better to defer it"-or-" refer it," I cannot exactly say which" until I came into town and consulted with some of the city committee about it; and so I came in purposely about it. I was telling the man of the house about it-He was telling me of the meeting here, and he said, he would tell you of it himself, but he is so busy; I saw he had not time; but I suppose my telling you of it is the same thing." At this part of the conversation the man of the house came up to where we sat-"Well, says he to James Dunn, the prisoner, "were you telling him?” “I was"-was James Dunn's reply.-" Well, what do you think of it?"

Says who?-Maurice Dunn to me"Is it not a great thing?"-I told him, I was but one, I did not know what to say about it.

James Dunn was present at this?—He was

What reply did he make?" What do you think, if you mentioned it within?"

Who said that?-Maurice Dunn.
Was James present?—He was.

What more was said?-I asked where James Dunn lived, was it far off-He told me just down at Luttrelstown-I then stood up, and I left the two Dunns together, and returned into the room, where the meeting was held.

About what hour of the day was this?--Between eight and nine in the morning to the best of my recollection.

You sat down in the tap-room ?—I sat in one of the seats.

Was there any other person there?-I do not recollect there was: it was rather early in the morning.

Mr. McNally. Do not mention any thing that passed when Dunn was outside.

Mr. Prime Serjeant.-Was_any question put to you respecting James Dunn?-There

was.

Was he called into the meeting?-He was. What was the first thing that passed upon his introduction into the room?-Maurice Dunn was called in before a word would be heard from him, and Maurice Dunn was asked