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In the King's Bench.

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THE Hon. Charles WILLIAM STEWART, of Berkley Square, in the county of Middlesex, colonel in the army, and lieutenant colonel of his Majesty's eighteenth regiment of light dragoons, maketh oatb and saith : "That he hath known captain Philip Hay, of Bailenkeele Castle, in the county of Wexford, for the space of seven years or thereabouts, but particularly since he came into the regiment commanded by this deponent, in whsch the said Philip Hay is, and has been for above four years last past a captain : And ihis deponent hath also known the Right Hon. George Earl of Kingston for many years dast past : and this deponent further saith, chat he hath heard and believes that the said captain Philip Hay was made prisoner by the rebels at Wexford, in the year one thousand seven hundred and ninety eight; and that the said Earl was also a prisoner at the same time, and that the said captain Philip Hay was afterwards tried by a court martial, for being in the rebellion, and was honorably acquitted : and that he

afterwards applied for and received compensation for his loss as a suffering 4 loyalist: and this deponent further saith, that he knows the said Earl

hath frequently accused the said captain Philip Hay of having committed acts of rebellion, and stated that he was an unfit person to hold a commission in his Majesty's ariny; and the said Earl nath in several inter, views with this deponent, represented the said Philip Hay as a rebel ; and in particular, this deponent recolle&ts that the said Earl met this deponent in Dublin, some time in or about the spring of the year, one thousand eight hundred and tour, when the said Earl accosied this deponent, and asked him if his (meaning ironically the said Earl's) friend Hay was in Dublin, whereupon this deponent replied, he did not know or to that effect : and the said Earl thereupon replied, that the said Philip Hay would not come to Dublin whilst she said Earl was there, as he should bring him to trial for the compensation, the said Philip Hay had so improperiy received as a suffering loyalist while he was a notorious rebels and the said Earl made use of other strong expressions equally injurious to the character of the said Philip Hay; and further observed, that he, the said Earl, would prosecute him to the extent of his life and fortune, or to that effect : and this deponent further saith, that upon another occasion, about two years and an half since, this deponent met the said Farl at the house either of his Lordship or Sir Eyre Coute at dinner, when his Highness the now Duke of Gloucester was also present; and the said karl then introduced the subject of captain Hay's conduct after dinner, before the whole party, and represented him as a disloyal subject, and stated that he had received compensation as a sufiering loyalist, wteen in fa£t he was a rebel; and the said Earl upon that occasion went into a long strain of accusation against the character and loyalty of the said Philip Hay, the whole tenor of which was to convey an impression, that the said Philip Hay was a traitor ; and the said Earl stated, that had be come forward against the said Philip Hay when he waj tried by the court martial, he could have given or procured evidence

that that would have convicted him, or to that effect, but that he had refrained from so doing, because a brother of the said captain Hay had saved his lie, or to inat etfeet ; and this deponent further saith, that he considered the latter observation of the said Earl to have referred to evidence he procured while a prisoner at Wexford ; and this deponent further saith, that upon a third occasion, about the spring of the present year he met the said Earl near Charing Cross, when the said Earl accosted him, and asked if the said captain Philip Hay was still in his regiment, and the said Eari then renewed his representation against the said captain Hay, of 'being a rebel and a traitor, and that he feared to come forward and be

tried by the comniissioners for setting the claims of loyalists in Ireland ; and the said Earl then reinarked, that Hay was a man of such character that he the said Earl would not meet him if he were to challenge his Lordship, but that lie would meet any man who was the bearer of the challenge from the said captain Hay, or to that effect: and his deponent further saith, that as colonel of the regiment in which the said Philip Hay was captain, he felt it necessary to inform captain Hay of the several repre:entations made to him by the said Earl respecting his character and this deponent further saith, that from the general tenor of captain Hay's conduct since he has known him in the regiment, this deponent believes the said captain Hay to be a good and loyal subject, and a meritorivus officer in his Majesty's service. Sworn in Court, this 27th day of

CHAR ES STEWART. November, 1807.

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