Billeder på siden
PDF
ePub

mies. The first overt act is for conspiring to make a rebellion, and levying war against the King, and for a conspiracy to depose the King and overturn the constitution; and for conspiring about the means of raising armed men, and for associating with a body of men called United Irishmen, for the purpose of overturning the government of this country by force-and that the prisoner did, with other false traitors, assemble and take returns of the number of armed men raised in the several baronies and parishes, and the quantity of arms and ammunition to be furnished. These number of overt acts are laid in the indictment to support the two principal counts which have been stated to you.

Gentlemen of the Jury, let me claim your attention to what the law of the land is relative to high treason, viz. compassing or imagining the death of the King-levying war against the King and adhering to his enemies; all these are declared to be high treason. In my mind, the charge of high treason has been fully proved for you to find a verdict for the Crown. None of you, gentlemen, who are of the present jury, was before on any jury upon a trial of this kind; I have stated what the law on high treason is; and, in my opinion, it is not necessary there should be precise evidence, that the man charged did actually intend to take away the life of the King; but if he committed any act of treason as levying war against the King, it is compassing and imagining the King's death, because the life of the King may thereby be endangered; and therefore it is the law says, the levying war is a compassing and imagining the death of the King. Inviting the French to invade this kingdom, is a compassing and imagining the death of the King, because the King's life may be endangered thereby-A conspiracy to to levy war was not a conspiracy to compass the death of the King, was said by a gentleman in argument; but, by the highest law authorities it is held, that any man who enters into a conspiracy to levy war, is guilty of compassing the death of the King.

The next charge against the prisoner at the bar is, that he did conspire to depose and deprive the King of and from his royal authority, and to alter by force the government of this kingdom, and this is treason if proved. Let me apply the evidence you have heard, that the prisoner at the bar did conspire to alter by force the government of this kingdom.- In this point was the evidence parole and written produced—and here I will state the evidence of Mr. Swan. He told you he went to the house of Oliver Bond, and there seized the prisoner at the bar, who was there assembled, as delegate from the county of Wicklow, and belonging to the society of United Irishmen, and in whose possession the several papers produced and given

in

in evidence were found; and from the parole testimony aid written evidence produced, you, gentlemen of the jury, will de termine on the verdict which you will give; this case is solely left to your decision-[Here the Judge went through the whole body of evidence, and commented on every circumstance that could illustrate or explain the evidence which had been given in; and concluded by remarking to the Jury] that there was nothing in the evidence that was not perfectly intelligible to every understanding, and did not entertain any doubt, but that the jury would pronounce such a verdict as the evidences would jus tify them in.

Mr. Baron George and Mr. Justice Day addressed the Jury nearly to the same effect.

The jury retired about 3 in the morning of the 21st of July, and, in about 20 minutes after, returned with a verdict of GUILTY.

THE

TRIA L

OF

OLIVER BOND

FOR

HIGH TREASON.

OYER AND TERMINER.

Ta Court of Oyer and Terminer and general gaol delive ry, consisting of the Right Hon. Lord Carleton, Hon. Mr. Justice Chamberlaine, Hon. Mr. Baron George, Hon. Mr. Justice Crookshank, and the Hon. Mr. Justice Day, held for the county of the city of Dublin, Oliver Bond of Dublin, merchant, was arraigned and tried on an indictment, of which the following is an abstract:*

FIRST COUNT That Oliver Bond not regarding his allegi ance, falsely, wickedly, and traitorously did compass and imagine the King, off and from his royal state, crown, and government of this his kingdom of Ireland, to depose and deprive, and the said King to kill, put to death, and murder.

Overt Acts-That the faid Bond, in order to effect the faid evil purpose, did confpire together and meet with divers other falfe traitors, &c.-2. That he did with other traitors meet and make refolutions for the purpose of procuring arms, ammunition, &c.-3. That he did meet and confpire with others to overturn the government, &c.-4. That he did with divers others meet and affemble together to raise rebellion, and to procure arms to aid and affift in faid rebellion - 5. That he did perfuade and caufe one Thomas Reynolds to become a Colonel in the county of Kildare, for the purpose of aiding in faid rebellion-6. That he did administer the unlaw. ful oath of an United Irishman to the faid Thomas Reynolds-7. That he did collect fums of money to furnish arms and ammunition in faid rebellion.

SE

An attempt was made by Mr. Curran, to poftpone the trial on ac. count of the abfence of Mary Molloy, a witnefs for the prifoner (whose teftimony fee in the trial of Byrne ante'), and alfo on the ground that fome publications which lately appeared in the News-papers, might tend to prejudice the public mind against him-But he was over-ruled by the Court.

SECOND COUNT.-That the said Oliver Bond, with intent to subvert the government and constitution, unlawfully and traitor ously was adhering to, aiding and comforting the persons exer cising 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 laid in fupport of this count as of the first.

Mr. Attorney General, on the part of the Crown, opened the case to the Court and Jury. He observed, that he never in any moment of his life had reason under impressions of more solemn feeling, or on an occasion the importance of which claim. ed more exertion on his part, or attention from the publicOn the very night (said he) that Lord Moira, with a degree of captivating eloquence, for which that Nobleman is distinguished, was arguing with the Lords of Ireland, where he had been so long a stranger, and respecting which he had obtained very bad intelligence indeed, for I cannot suppose his Lordship guilty of deliberate mis-statement-on that very night, when he was endeavouring to shew that there were no traitors in Ireland, that the innocent were accused, the accusers were guilty; conspirators in the same capital, were, by a formal resolution, giving the lie to what this able, eloquent, and popular character was urging in parliament."- He then proceeded to state what he had been instructed to say would turn out in evidence, and concluded with some remarks as to the manner in which the treasons of which the prisoner was charged had originated out of the French Revolution, the evils and destructive tendency of which were incalculable.

EVIDENCE on the part of the CROWN.

Thomas Reynolds being sworn, said, That in February 1797, he was made a United Irishman, by Oliver Bond, at the Brazen-head in Bridge-street, Dublin-That he was well acquaint ed with Bond, and has conversed with him on political affairs frequently--that the object of the society called United Irishmen, was to overturn the existing Constitution, and to establish in its stead a Republican form of government-that the society was spread over the whole kingdom; that it was divided into

pro

* The Earl of Moira may perhaps be better known to fome of our A. merican readers by the name of Lord Rawdon, in which character he commanded the British army, for a time, in South Carolina, during the Revolutionary war, and where he ordered the American Colonel Hynes to be executed. At the death of his parents, he came into poffeffion of confiderable eftates both in England and Ireland, by right of his mother, who was of the Haftings' family (fee English Peerage) He is a Nobleman of more than common popularity, and has conftantly attached himself to what is called the Prince's party, with whom there are occafional junctions with the Fox party, who fay they are of the Whig Party.

[ocr errors]

provincial, county, and baronial assemblies, which last, when too large, were again divided into districts, that the districts and baronies sent representatives to the county, which sent delegates to the provincial meetings--That Lord Edward Fitzgerald wished this deponent to become a delegate for the county of Kildare-that Bond renewed the request of Lord Edward, and also pressed this deponent to become a colonel for the barony of Kiltea-Bond said, that every man who wished well to the cause, ought to step forward as a delegate-This deponent attended a meeting at the 19-mile house, where he and every other member took an oath of secrecy-there was then an election of delegates to serve three months-Michael Reynolds, who was present at that meeting, said there was to be a meet ing on the Monday following at Bond's, and told this deponent to ask for M'Cann or Ivers fromCarlow, and he would be admitted; which meeting this deponent could not attend, owing to his being so far off when he went to Dublin, M'Cann refused to tell him when the next meeting would be at Bond's, as he had not his returns with him, and accordingly he went to the country to procure them.

[ocr errors]

This deponent dined at Sir Duke Giffard's at Castle Jordan, in company with Mr. Cope, Capt. Fitzgerald, Lord Wycombe, Mr. Maxwell, and Sir Duke.-There was some conversation on the current politics of the times, and the affairs of the United Irishmen-The next day, this deponent returned to Dublin in a chaise with Mr.Cope, who resuming the conversation of the preceding day, lamented very much the injurious tendency of the United Irishmen-This deponent told Mr. Cope, that he had a friend who was of that fraternity, whom he would endeavour to persuade to give information to Government, to atone for the crime he had committed by his having joined them; to which Mr. Cope replied, that such a man ought to be considered the saviour of his Country. This doponent said, if his friend did come forward, it would be merely to satisfy his own mind; that he would call on Mr. Cope in a day or two, and, in the interval, see his friend and speak with him.--Mr. Cope said such a man ought to be gratified with a thousand or fifteen hundred a year, and a seat in Parliament.-This deponent said, he mistook him; his friend only wanted to be reimbursed for his expences, as it was necessary that he should leave the kingdom for a little time, and to stipulate that he was not to give evidence against United Irishmen, and the channel whence the information came was to be kept secret.—Mr. Cope bid this deponent mention any sum, and he would agree to it. This deponent said, his friend's expences and losses might amount to five hundred guineas, and desired he might be at liberty to draw on him for that sum.-Mr. Cope agreed to every thing, and this deponent then gave all the information

R

in

« ForrigeFortsæt »