Mr. Solicitor General followed Mr. Curran, but as he dwelt chiefly on the points and explanations of law, already so often repeated, we deem it unnecessary to lay them before our readers again. The Hon. Judge Chamberlaine charging the Jury, spoke in substance as follows: "Gentlemen of the Jury, the charge against the Prisoner, has been truly stated, to be of a nature the most atrocious, inasmuch as an attempt to overturn the Government of a Country, by disturbing the peace and security of society, endangers the life and liberties of every individual, but it has also been truly said, that in proportion to the atrocity of a crime, should be the evidence brought forward to establish it-two species of High Treason have been laid in the indictment, on these I do not think it necessary to observe at length, the Counsel on both sides, seem well agreed on the subject; these two are, compassing the King's death, and adhering to his enemies.-Every man of plain sense must know what is meant by the latter, [here his Lordship instanced as explanatory, the cases of Lord Preston, Doctor Hensil, and the Rev. Mr. Jackson.]The completion of the design is not necessary to constitute the guilt. If we were to wait for the event, in such a case, it would be idle to talk of punishment. The only count in the indictment for you to consider, is the adhering to the King's enemies. In support of the others, Mr. Baron Smith, is of opinion with me, there has no proof whatsoever, been advanced-the witness, O'Brien, swears to several facts going to prove adherence to the King's enemies, but before I state a particle of his evidence, I must give you this caution, that if you believe he has wilfully and deliberately committed perjury on this trial, you are to reject every part of his testimony, if you are of opinion that you would find him guilty, if indicted before you for perjury, you must reject him altogether for atrocious as is the crime of High Treason, it is better twenty traitors should escape, than one innocent man be deprived of his life. An approver comes forward, the plan which he discloses, may be true, or it may be of his own formation, but f convicted in the smallest instance of wilful and corrupt perjury, I do not see how any man can say, that it does not create a doubt of his testimony, and you have been truly told, that “ doubt in the present case is acquittal." Having recapitulated the evidence of O'Brien, his Lordship said, that it was observable to the Court, that there were other witnesses to corroboration, which the Counsel for the Crown did not bring forward, and therefore the presumption was, that they would not strengthen the prosecution. His Lordship strong N strongly observed on the contradictions to the evidence of O'Brien, and his own studied evasions of the truth. His Lord. ship observed, that the handing Purcel a bad half crown with the recipe for colouring brass, was a sufficient elucidation of his intentions. With respect to Clark, what he called a mistake, was such as no considerate man would make, and that it rendered his evidence altogether a nullity. His Lordship concluded, by this observation-"It is a dan. gerous experiment, and which I never will countenance, to admit the evidence of a witness, who, on trial, commits wil ful perjury. There is, it is true, some corroborating testimo ny against the Prisoner, but to make him a traitor, and fix on him a design of aiding and abetting the King's enemies, I see no evidence whatever, and I trust in God, that perjury will not find a suffrage in your verdict, or in the laws of this country." The Hon. Baron Smyth expressed his entire approbation in the charge that had been delivered by Mr. Justice Camberlaine. After an absence of about ten minutes, the Jury returned a verdict, NOT GUILTY! On Thursday the 18th, Mr. Finney was again arraigned on an indictment for administering unlawful oaths, and, for want of prosecution, acquitted. THE TRIA L OF HENRY AND JOHN SHEARES FOR HIGH TREASON. COURT OF OYER AND TERMINER. N the 21st of May 1798, Henry Sheares and John Sheares were committed to gaol on a charge of High Treason-and, on the 26th of June, at a court held at the Sessions House for the City and County of Dublin, by virtue of a special commission of Oyer and Terminer, composed of Lord Carleton, Hon. Alexander Crookshank, Hon. Michael Smith, Hon. Denis George, and the Hon. Robert Day, the ·Grand Jury found an Indictment for High Treason against the two Sheares, of which the following is an abstract: FIRST COUNT-That the said Henry Sheares and John Sheares, not regarding the duty of their allegiance, falsely, wickedly, and traiterously, did compass, imagine, and intend the King, their supreme and lawful Lord, off and from his royal state, crown, title, and government of this his kingdom of Ireland, to depose and deprive, and the said Lord the King to kill, put to death, and murder. Overt Acts-1. That they the faid Henry and John Sheares did conspire with others to raise rebellion and war, and to procure great quantities of arms and ammunition for the purpose of rebellion and war, and to procure armed men to raise and prosecute war-2. That they with others did conspire to dethrone the King-3. That they did conspire to overturn the government, and by force to change the Constitution-4. That the faid Henry and John did consult and conspire with others as to the means of procuring arms and raising an army to overturn the government-5. That they did meet and conspire with others as to the means of deposing the King-6. That they did become members of, and affeciate with, a party or fociety called United Irishmen, with intent to overturn the government and dethrone the King-7. That they endeavoured to perfuade Capt. John Warnford Armstrong to affift in raifing rebellion, and alfo endeavoured to perfuade him to induce fome of the militia to defert and join in rebellion That -8. That they did, with intent to dethrone the King, endeavour to per fuade the faid Armstrong, &c.-9. Nearly fimilar to the laft-10. That the faid Henry and John did commit to writing a plan for feizing the camp at Lehaunftown, the artillery at Chapelizod, and the Caftle at Dublin, together with the Lord Lieutenant and Privy Council-11. Nearly fimilar to the eighth-12. That they did procure a plan for feizing the camp, &c. to be written with intent to carry the fame into execution13. That they did compofe and write a certain proclamation (fee proclamation marked No. II.) for the purpose of exciting the people to war and rebellion-14. That they did procure a proclamation, &c. to be written15. That they did induce a number of armed men to affemble at Clondalkin in the County of Dublin in order to prepare for war against the King -16. That they did affemble and confpire together with others, and receive returns and accounts of the arms, numbers, and names of men and officers to be employed in raising rebellion, &c. SECOND COUNT That the said Henry and John Sheares with intent to subvert the government and constitution, unlaw fully and traiterously were adhering to and aiding and comforting the persons exercising the powers of government in France, and the men of France, under the government of the said persons, then being enemies of the King. The fame Overt Acts were fet forth in fupport of the second count, with an additional one, to wit, the7th, That they became members of a fociety of United Irishmen, for the purpose of aiding and affifting the French. WEDNESDAY, July 4, 1798. Henry Sheares and John Sheares were brought to the Bar, and arraigned upon the indictment that had been found against them. Mr. McNally begged their Lordships to indulge the prisoners with some little time, as their Counsel had not all come into Court; and expressed a wish to advise with his colleagues on an important objection to the indictment, which went to shew that the whole proceedings were coram non judice. After a delay of half an hour, the prisoners' counsel not appearing, the Court said the cause must go on. Mr. McNally then rose and moved to quash the indictment, on the ground that one of the Grand Jury was not legally qualified to serve, that he was an alien, a Frenchman born; he stated, that the fact had but lately come to his knowledge, that the Grand pannel having been called over in the absence of the prisoners, and at a time when they had no counsel assigned them, they had it not in their power to take advantage of it at an earlier stage of the proceedings-" I am at a loss (said he) to know how the fact is to be enquired into whether by colateral issue or otherwise-I am not ashamed to own my ignorance in this respect-perhaps it may come in the shape of a plea, to which the Counsel for the Crown may demur." The Court over-ruled the motion; and said that if the coun sel had any plea they must put it in. Their Lordships waited some time for the plea to be drawn and engrossed-In the interval Mr. Curran and Mr. Plunket came into Court, and apologized for their absence-The following Plea was then put in and read: "And the said John and Henry Sheares, in their proper persons, come, and having heard the indictment aforesaid read, and protesting, that they are not guilty of the premises charged in the said indictment, for plea, nevertheles say, that they ought not to be compelled to answer to the said indictment, because they say, that John Decluzeau in the caption of the said indictment mentioned, was born in the kingdom of France, and is an alien, and is not a natural born and liege subject of our said Lord the King, and this they are ready to verify :- -Wherefore the said John and Henry Sheares, pray judgment, if the Court of our said Lord the King here, will further proceed on the indictment aforesaid against them, and that they may be dismissed from the Court hereof and upon the premises. JOHN P. CURRAN, On the part of the Crown, the following Replication was filed: "And for answer to the said plea of the said John and Henry Sheares, John Toler, Esq. the Solicitor General of our said Lord the King, who in this behalf for the said Lord the King prosecutes, says, the said John Decluzeau is not an alien in manner and form as the said John Sheares and Henry Sheares alledge, and this he prays may be enquired of by the country. And the said John Toler, the Solicitor General of the Lord the King who in this behalf prosecutes, protesting, that the said John Decluzeau is not an alien, as by the said John Sheares and Henry Sheares above alledged, yet for further answer to the said plea of John and H.Sheares, says, that the said John Decluzeau is, and at the time of the caption of said judgment, was, and is, and then by force of the statutes in such case made and provided, was, and should be deemed and adjudged a natural and liege subject of our said Lord the King, to wit, at the parish of Saint Michael the Archangel, in the county of the said city of Dublin, and this he is ready to verify as the Court shall award. And the said John Toler, the Solicitor General of the said Lord the King, who prosecutes as aforesaid, protesting, that the said John Decluzeau is not an alien, as by the said John Sheares and Henry Sheares above alledged, yet for further answer to the said plea of the said John Sheares and Henry Sheares, says, that after the 12th day of April, in the 14th year of the reign ofour lateSovereign Lord Charles the Second, King of Great Britain and so forth, to wit, on the 1st day January, in the year of our Lord 1770, the said John Decluzeau, being a per |