THE

TRIA L

OF

The Rev. William Jackfon

FOR

HIGH TREASON.

KING'S BENCH.

N the 28th of April 1794, the Rev. William Jackson was

to prison,

by Lord Chief Justice Clonmell; and on the 23d of June, the Grand Jury for the county of the City of Dublin, found an Indictment against him for High Treason, of which the following is an abstract :

FIRST COUNT. That Wm. Jackfon, Clerk, on the 3d day of April, 1 1794, being a falfe traitor, did compass and imagine the death of the King, and did traiterously and felonioully intend the faid King to kill, murder, and put to death.Overt Act. That he did come to Ireland for the purpose of procuring information as to the ftate of the Government, and the difpofitions of the People; which information he did attempt to tranfmit to perfons exercifing the powers of government in France (with whom his Majefty the King was then at war), in order to enable the French to effect an invafion of Ireland.

SECOND COUNT. That the faid Wm, Jackfon being a falfe traitor, did confult and confpire with divers others to levy and make infurrection, rebellion, and war -Overt Acts. 1ft, That he did excite the perfons exercifing the powers of government in France to levy war within Ireland. 2d, That he did endeavour to perfuade Theo. Wolfe Tone to go to France in order to reprefent to the French, that the people of Ireland were dif fatis ied with their government, and to incite them to invade Ireland. 3d, That he endeavoured to perfuade divers perfons, to the jurors unknown, to go to France, &c. 4th, That he did meet and agree with divers perfons, &c. that fome perfon fhould be fent to France, &c. 5th, That he wrote a letter to be fent to Wm. Stone of London, defiring him to inform the French, that he and divers others had an intention of fending fome perfon to convince them of the rea inefs of the people of Ireland to aid and co-operate with them, the Fre ch, in effecting an invafion of Ireland. 6th, Nearly fimilar to the last. th, That he did deliver the faid letters into the poft-office. 8th, hat h wrote a letter to be fent to Benj. Beresford in foreign parts, requesting him to inform a certain other

per

perfon, that an account of the difpofition of the people of Ireland was fent to him, to be communicated to the French Government. 9th, That the faid letter was fent and delivered into the poft-office. 10th, That he did write a letter, &c. (fce Letter, No. 5.) 11th, That the faid letters were delivered into the post-office. 12th and 13th, Nearly fimilar to the 10th and 11th.

THIRD COUNT. That the faid Wm. Jackson unlawfully and traiteroufly was adhering, aiding, and comforting the perfons exercifing the powers of government in France, then being the enemies of the King.The Overt As laid in this Count, were the fame as thofe in the next preceding one.

THURSDAY, 23d April 1794.

At half past ten the Court sat, consisting of Earl Clonmell, Chief Justice; Mr. Justice Downes, and Mr. Justice Chamberlaine-Mr.Justice Boyd being absent.

The Rev. William Jackson was brought from Newgate, escorted by an officer's guard (which continued in the Hall during the trial, and prevented the crowd from pressing into the Court) and was put into the Bar. The prisoner having declared himself ready for trial, the jury were called, elected, tried, and sworn-The case was opened by

Mr. ATTORNEY GENERAL.- -My Lords and Gentlemen of the Jury, The prisoner, the Rev. William Jackson, a clergyman of the church Ireland, and a native of this kingdom, stands charged with High Treason. He is charged with two species of that crime. One, that he compassed and imagined the death of the King the other, that he adhered to the King's enemies, namely the persons exercising the powers of govern ment in France, with which nation the King was at war at the time the fact was alleged to have been committed. The Court will inform you, that this indictment is grounded on the statue of Edward III. By that statue, confirming the common law, to imagine, design, or compass the death of the King, is made high treason; the on y instance where a crime intended, and not committed, is made punishable with death, because as there is something so essential to society in the chief Magistrate, (the King) that the compassing his death is guarded against in this peculiar way, because the peace and safety of society depends in a great measure upon his single life.

But while the law has thus wisely guarded against violence offered to the chief magistrate of the state, it has taken care that those who shall be charged with any intention of that kind shall not be easily or lightly found guilty; and as the intention of the guity person can only be known to himself and to the eye of Providence, it is necessary, before he can be convicted of that horrid crime, that he should have manifested it by some overt act, openly done, and fairly proved, which shall make that intention plain and clear to the Jury, who are to pronounce their verdict upon him.-Upon this spe

cies of treason, I am to observe what the Court will also inform you of, that to constitute the crime it is not necessary that the party actually had an intention to put the King to death.

[Here Mr. Curran apologized for interrupting Mr. Attorney General with a request, that the witnesses for the Crown might be sent out of Court, which was readily complied with, as well by the Crown Officers as by the Court; and a list of witnesses was desired on both sides, that they might be placed out of hearing of the statement; but nothing more was insisted upon, than that Mr. Cockayne, the principal witness for the prosecution should withdraw.]

Mr. Attorney General proceeded-Gentlemen, I was endeavouring to explain the charge in the first part of the indictment, that of compassing the death of the King. It is not necessary that the person accused intended to put the King actual ly to death: but if any thing which might in its consequences produce that effect, he was guilty of the crime charged upon him. Thus, if he meant to dethrone the King, it is settled law that that would be of itself a compassing of his death; for to dethrone a King, immediately leads to the last act of violence. Another familiar instance is, that the party having an intention to imprison the King, altho' it does not appear that he intended to put him to death, yet is guilty by the law of compassing his death; for such an act is the immediate forerunner of the death of a King.-Therefore, Gentlemen, it is for you to consider, when you shall hear the evidence, what the scope and design of the prisoner was.

He stands charged, in the first instance, with an intention of compassing the King's death; to support that charge there are fourteen overt acts laid: if any one of which is proved to your satisfaction, and is in its nature such as discovers to you this traitorous intention, then you will find the prisoner guilty. I shall not take up your time with enumerating the several overt acts that are laid in the indictment; the principal one is, that the prisoner consulted with several others, to induce the governing powers of France to invade this kingdom, for the purpose of dethroning the King: the prisoner meeting, together with others, in such consultation is an overt act, from which you will necessarily collect the preconceived intention of dethroning the King, which in law amounts to a compassing of his death.

Another act is, that the prisoner procured a statement of the kingdom of Ireland to be drawn up, and did put that into the Post-office, to be sent into the kingdom of France, with a view of inducing the rulers of the French to invade this country, for the purpose of dethroning the King.

E

A

A further act is, that the prisoner endeavoured to persuade a certain person, named in the indictment, to go to France with intelligence, to persuade the ruling powers to make an invasion, in order to dethrone the King.

Another is, that another person was endeavoured to be persuaded to go into France, to induce the enemy to make such an attempt.

It is also laid, that the prisoner came into this kingdom for the purpose of exciting a rebellion. That also is an overt act which manifests the intention; and there are various others of a similar nature, particularly specified on the face of the indictment; if any one of which is proved to your satisfaction, then it will appear that the prisoner did incur the guilt of compassing the King's death.

The other species of treason is, that of adhering to the King's enemies; that species of treason is clearly expressed by the ve ry term itself; but an overt act of that kind must also be laid, and therefore fourteen are laid to support that, the same as those which are laid to support the other charge for, Gentlemen of the Jury, it needs no argument to prove, that if a man invites an enemy, he adheres to that enemy; and if he gives that ènemy intelligence, he adheres to him; it is needless to go over the fourteen overt acts to satisfy you of this; for if any one of them be proved, you cannot doubt that the party has manifested a clear, determined adherence to the King's enemies.

Such are the crimes charged against the prisoner at the bar, whether he be guilty of either of these crimes, it is for you to determine upon your oaths. You are on the one hand, to discharge your duty to your King, and to your Country, and you are to take care upon the evidence, that if the party is proved guilty, he shall be found guilty; in order that men may be deterred from committing crimes of the last malignity, tending to the destruction of the State, the peace, happiness, lives and properties of the subject. It is your duty to take care, that by no weak feelings, by no improper leanings to mistaken mercy, a man guilty of such a crime should escape from justice ; at the same time you have another duty; and, however you may conceive of the treason, however dreadful the consequences of such a crime be, you are not to be hurried away in consequence of your feelings, lightly to find the accused guilty: These are two observations, not necessary perhaps to such men as you; but in making which I conceive myself merely discharging a common duty.

Having stated the nature of the crimes charged, and the obligations you have to fulfil, the evidence shall now be laid before you, in doing which, it is my business to state the facts plainly and with the utmost simplicity, without giving them any colour that might induce you to lean against the prisoner; and

I

I will state for your better understanding, particularly, the nature of the evidence. The case is simple and uncomplicated, not arising from a number of indirect facts and doubtful evidence, on the contrary, it is a clear, distinct species of treason, depending upon very simple evidence indeed.

Gentlemen, the prisoner at the bar is, I am instructed to say, a native of this country; he had early in life, I believe, gone to reside in London, but some time since (the exact period I am not informed of) he went from England to reside in France; he was there, if not from the time of the late revolu tion, yet surely for a considerable time after that revolution took place. In order that you should understand the meaning of some papers to be produced in evidence before you, it is necessary to state the connexion and circumstances of several persons whose names will appear.

Here Mr. Attorney stated what he was instructed would turn out to be the evidence, and remarked thereon He than concluded thus:“When you shall put together the several circumstances, compare one paper with the other, and consider the evidence, you can have no doubt of the object; it will be as clear as if the whole design were written in plain terms; it will even carry with it a demonstration stronger than plain terms could do, inasmuch as disguise and artifice is a proof of conscious criminality. It will then be your duty, it is I am sure your inclination, to sift the matter to the very bottom; and either as your consciences and reason shall direct, to protect the peace of your country, by making a necessary example; or else to justify the man, if he shall appear to have been accused without good ground."

EVIDENCE on behalf of the CROWN.

Mr. CokayneThis deponent stated, that he resided in Lyon's Inn, London, as an Attorney; that he had known the Rev. Wm. Jackson, who is a native of Ireland, these ten years and upwards; that he went to France upon the Duchess of Kingston's business and resided there two or three years; that he returned in January or February 1794, and lodged at the Buffalo Tavern, Bloomsbury, London. This deponent had constant intercourse with him; but what he was engaged in durring his residence in England, or what brought him back from France, he cannot particularly state; that he has done some private business for him in the capacity of his friend and Attorney. Mr. Jackson left London for Dublin in the latter end of March, and this deponent was induced to accompany him, in der to counteract those schemes which he thought he had of providing the French with prohibited articles," i. e. provi sions, &c.-The reason of this deponent for thinking he had such schemes in his mind, was some conversations he had

with