the second February, one thousand eight hundred and three, until he saw it in the affidavit of the said Eail, save that this deponent knew certain of the magistrates of the said county of Wexford, many of whom he believes to have been the very persons who occasioned his trial, and furnished the evidence for the prosecution before the said court martial, in one thousand seven hundred and ninety eight, had endeavoured to force this deponent to refund the compensation he received as before set forth; and this deponeut denies having evaded the investigation of his right to obtain compensation as stated in the affidavit of the said Earl: and this deponent in vindication of his charafter against this further calumny of the said Earl, begs to set out a copy of a letter he received in January, one thousand eight hundred and five, from Peter Burrowes, Esq. one of his Majesty's counsel, who was the counsel of this deponent, which is in the following words:

DEAR SIR,

4th January, 1805--Leeson-street.

I received your letter, together with copies of the letter of the commissioners of suffering loyalists, and of Gen. Payne, and consulted your other counsel as to the expediency of your complying with the desire of the commissioners, by consenting to a trial before the Recorder upon the 20th instant. We are all of opinion, that you ought not to enter into such consent or to do any act to facilitate this most vindictive and unprincipled prosecution which ever occurred in my experience, no doubt if the body to which you belong should think otherwise, you will comply with their opinions and feelings; but I think it is not likely that any unprejudiced man of honorable feelings would think the worse of you for your availing yourself of every legal protection against this mot vindictive proceeding, the commissioners who ought to be trustees of the fund for relieving suffering loyalists, but who have become instruments of the implacable bigotry of a party who have made a statement which the slightest investigation would expose as false and uncandid. They do not say that before you received your compensation, you disclosed the fat of having been accused of and tried for treason, but they insinuate the contrary--they ascribe the failure of the process in Enniscorthy to the absence of the chairman, when they knew that your counsel denied the jurisdiction of the chairman to try it, and sent in an opinion of Mr. Saurin to that effect to the com. missioners, to prevent the fruitless waste of money, by expensive efforts to try it in a prejudiced country, which the commissioners refused to attend to, they misrepresent the nature of the proceedings in the Court of Exchequer, I avow, having advised you to sign that consent, and I did so, because it was avowed on the part of the prosecution that they would force you to the expence of going again to Enniscorthy, where the question could not be legally and finally decided unless you entered

into

into such consent, and I assert that you fully complied with the consent, and that the court quashed the proceedings, not upon any formal objection, but because they would not try such a question; and if Lord Avonmore be resorted to, he will, I have no doubt, confirm my statement. Even if you were to consent to a trial, no court would, uuder the circumstances, refuse you any length of time you might ask for preparation; yet these gentlemen call upon you to be prepared by the 20th instant, under such circumstances I should think the commander in chief would not interfere to prevent you from defeating and obstructing this prosecution in any way you can. It occurs to me that the Commissioners in pressing for an investigation of what was so solemnly decided by so respectable a court martial, insult that jurisdiction by impliedly saying that their unanimous decision upon an enquiry, when the facts were recent, ought to have no weight. It never was heard, that a man so tried and acquitted, should at the end of six years be forced again to prove his innocence, after the death of many, and the dispersion of most of his witnesses. I have spoken to almost every legal man in Ireland of character, and to many of the judges, and never met one man who did not highly condemn the proceeding; so that I persevere in advising you not to give it any facility.

Your's truly,

P. BURROWES.

AND this deponent further saith, that about the eighth of October last, this deponent, accompanied by captain Hughes and lieutenant Carew of the 19th Dragoons, called at the house of the said Earl, when he was informed that the said Earl was from home but expected shortly to return, and that after they had left the said house they met the said Earl in company with another gentleman (who this deponent has since learnt was Mr. Powell) in Devonshire-street; and this deponent thereupon went up to the said Earl and accosted him saying, I believe I speak to Lord Kingston, to which the said Earl answered you do, and thereupon the said Earl asked this deponent who it was that was addressing him, to which this deponent replied, I am Captain Hay of the 18th Light Dragoons, and these gentlemen (pointing to Captain Hughes and Mr. Carew) are brother officers of mine; and this deponent thereupon stated to the said Earl, that he wished to have some conversation with him in their presence on a subject relating to himself, and asked the said Earl if he would like to adjourn to some more retired place than the steet; whereupon the said Earl remarked that the street would do well enough, or to that effect; and this deponent then observed that he, this deponent had been credibly informed by several persons, that his Lordship had in several places traduced the charater of this deponent, and this deponent wished to hear, and that those gentlemen should abo tear what his Lordship had to say respecting it, when the said Eari replied, I will-il you, and proceeded to state, that on hearing that this deponent had received his claim as a suffering loyalist, he the said Earl did every thing in his power in conjunction with the before-mentioned mag'strates and commissioners to have this deponent brought to trial for the swindling

transaction

transaction this deponent was guilty of in receiving such compensation; whereupon this deponent replied, that he did not want to know what his Lordship had done in conjunction with the said magistrates or commissioners, being sufficiently acquainted with their exertions already, or to enter into any invective, but that he required an explanation from the said Earl of the language this deponent was told he had so frequently made use of to the prejudice of this deponent's character, and an apology for his observation of the moment before, alluding to his expression of swindling. when the said Earl replied he would give or make none, that he had been to his Royal Highness the Duke of York to state this deponent's conduct; and that, in his, the said Earl's opinion, the only person fit to deal with this deponent was the Hangman, and that he had made use of the same expsession some time back to this deponent's colonel, or to such effect; whereupon this deponent being considerably irritated, told the said, Earl it was very immaterial to this deponent what the said Earl could say, that what he had then expressed was of apiece with the rest of his conduct, and as false and malicious as every other statement he had made; and this deponent then said to the said Earl, I now demand that satisfaction from you which is due from one gentleman to another,, when the said Earl replied, what do you mean captain Hay, do you mean this as a challenge, whereupon this deponent answered he did not conceive his language required elucidation, but if the said Eari did not understand it, this deponent certainly meant to challenge him, or to that effect; whereupon the said Earl replied, I will not meet you Captain Hay, I do not consider you a fit person to meet, as you evaded appearing before a jury of your country to answer the swinding transaction you have been guilty of in receiving compensation as a suffering loyalist, when you were in fact a rebel, and I shall wait upon the Duke of York and state your conduct to him, and I shall prosecute you for the challenge you have given me, or to that effect: And this deponent saith, that he thereupon replied to the said Earl, I have nothing more to say to you, I found you in infamy and I leave you where I found you: and this deponent further saith, that although other conversation passed, in which the said Farl contradicted himself the precise course of what this deponent is not able to detail with accuracy, this deponent is confident he said nothing to the said Earl either amounting to or imparting a challenge or demanding satisfaction, until he the said Earl had given him abuse instead of explanation, and used the words swindling and hangman, in the manner before set forth; and this deponent further saith, that the said captain Hughes was as this deponent believes at or near Saint Asaph in Wales, when the rule was moved for against this deponen', and this deponent immediately wrote to the said captain Hughes, requesting him to come to London, but this deponent has not heard from the said Captain Hughes in answer to his said leter, nor does he believe that the said captain Hughes is now in or near London,

Sworn in Court, this twenty-ses enth
day of November,

(By the Court)

PHILIP HAY.

In the King's Bench.

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 oath and saith: That he hath known captain Philip Hay, of Ballenkeele 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 this deponent hath also known the Right Hon. George Earl of Kingston for many years Jast past and this deponent further saith, that 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 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 interviews with this deponent, represented the said Philip Hay as a rebel; and in particular, this deponent recollects that the said Earl met this deponent in Dublin, some time in or about the spring of the year, one thousand eight hundred and four, when the said Earl accosted 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 of to that effect: and the said Earl thereupon replied, that the said Philip Hay would not come to Dublin whilst the said Earl was there, as he should bring him to trial for the compensation, the said Philip Hay had so improperly received as a suffering loyalist while he was a notorious rebel, 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 Earl at the house either of his Lordship or Sir Eyre Coote at dinner, when his Highness the now Duke of Gloucester was also present; and the said Earl 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 suffering loyalist, when in fact 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 he come forward against the said Philip Hay when he was 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 life, or to that effect; 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 commissioners for settling the claims of loyalists in ireland; and the said Earl then remarked, 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 he would meet any man who was the bearer of challenge from the said captain Hay, or to that effect: and this 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 representations 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 meritorious officer in his Majesty's service.