■if 
 
 THE ONLY 
 Accurate and Impartial 
 
 REPORT. 
 
 THE TRIALS 
 
 or 
 
 JAMES FORBES, HENRY HANDWICH, WILLIAM) 
 
 GRAHAM, MATHEW HANDWICH, GEORGE 
 
 GRAHAM, AND WILLIAM BROWNLOW, 
 
 IN THE 
 
 COURT OF KINGS BENCH, 
 
 MONDAY, FEBRUARY 3, 1823, 
 
 AND FOLLOWING DAYS, 
 FOR A 
 
 \Censpiracy, Riot, and an attempt 
 to Assault 
 
 THS HOST NODLE 
 
 MARQUIS WELLESLEY, 
 
 LORD LIEUTENANT OF IRELAND, $c. $n. 
 ON HIS VISIT TO TKE THEATRE, 14th DECEMBER, IS22) 
 
 ON AN 
 FILED BY THE 
 
 RXGXX^ HON W. C. PLUNKETT, 
 
 HIS MAJESTY'S ATTORNEY GENERAL. 
 
 2Jj? «m rmiitntt aaeyorttr. 
 
 £moe!luhcd with a CORRECT LIKENESS of 
 
 JSOBLE M.WQUIS. 
 
 dubij:; : 
 PRINTED BY RICHARD GRACE, 
 
 3, MARY-STREET. 
 
 Price— Is. Sd. 
 
THE 
 
 WILLIAM R. PERKINS 
 
 LIBRARY 
 
 OF 
 
 DUKE UNIVERSITY 
 
R8R 
 
 PREFACE. 
 
 The proceedings detailed in the following pages, are preg- 
 nant with interest — -they disclose facts and circumstances, that 
 claim the earnest and undivided attention, of every reflecting 
 individual in the community — the entire of the transactions, 
 ♦including the original charge, with the subsequent prosecu- 
 fjion, and its unsatisfactory termination, are of a character to 
 influence, not merely the present temper, but possibly the ul- 
 terior destinies of the country. Many attempts have been 
 made to represent the matters alluded to, as frivolous, and 
 trivial, but those who have attended more minutely to the 
 workings of the public mind, and to the general progress of 
 events, are inclined to form a very different conclusion — 
 these trials, with their singular result, are at least indicative 
 of the character, and probably decisive of the fate of an as- 
 sociation, which has hitherto contrived to render itself, alike 
 formidable to the Government, and the People — they have 
 f ully developed the principles of those selfish miscreants, who 
 have gone forward for years, trampling on the hopes, and blasts 
 ing the prospects of the country, possessing themselves of in- 
 fluence, but to produce calamity ! and availing themselves of 
 confidence, only to generate confusion, and distrust. 
 
 The present publication comes not before the reading 
 world as a mere pamphlet — it is a work for historical refer- 
 ence — interesting to cotemporaries, and likely to be valuable 
 in centuries hence — to the future writer, who shall trace the 
 History of our ill-fated Country, it will afford ample, but 
 melancholy, materials for observation and reflection— it will 
 enable him to solve many of those political enigmas, which 
 have bewildered the theorists, of the times that are past — it 
 will aid him in vindicating the long injured population of Ire- 
 land, from the frequently reiterated charge of restlessness and 
 . disaffection — it will assist him in elucidating the mysterious, 
 irregularities of the national character— -in explaining apparent 
 inconsistencies, and in illustrating circumstances that have been 
 occasionally looked on as contradictory and inexplicable. 
 
 The transactions recorded in the following sheets, will open 
 to England! and to Europe, the true character of our internal 
 policy — they will shew the real cause of our occasional dis- 
 turbances — the Statesman, or the Philosopher, aftej the {>•• 
 
PREFACE. 
 
 nisei, "will easily trace to the true source, many of the evils 
 -which have hitherto afflicted the Country, the wrongs of the 
 People will be thoroughly manifested, and the misfortunes 
 accruing from the ascendancy of a desperate and selfish 
 faction, made even self-evident — it will be seen, that if the 
 lower classes have been turbulent and dissatisfied, it was not 
 without ample provocation — if they sometimes resorted to 
 direct and vindictive retaliation, it was from a justifiable 
 feeling of distrust in the efficiency of the laws — if they re- 
 venged themselves, when chance gave them the power, in a 
 harsh or illegal mode, it was from a well founded conviction 
 of the impossibility of procuring satisfaction, in any other 
 shape : they had prejudiced tribunals to appeal to, and from 
 such they naturally despaired of obtaining an impartial de- 
 cision ;— the conclusion of the Trials is sufficient to justify this 
 distrust on the part of the People. If the Viceroy cannot 
 procure redress for an open assault and outrage, what has 
 the peasant to hope for ? — an Orange Juror, with a host of 
 witnesses before him, will not criminate a guilty brother, even 
 for an attempt on the person of the first character in the coun- 
 try ; and with this fact before us can we suppose him likely to 
 act with impartiality, where only the life or interest of a mere 
 commoner is at stake — party feeling is the curse — the besetting 
 sin — -the hereditary blemish of our soil — the poverty and the 
 distresses of our country, have only increased the virulence of 
 political animosity — faction has produced faction — and the in- 
 signia, and the watch- word of one association of idiots have 
 been answered by the emblems and expressions of another — 
 this state of things must terminate — the system of Ribbonism 
 has been disarranged and broken; and the disciples of Orange- 
 isnj should be prepared for a similar catastrophe— the rulers of 
 the country have no alternative — their authority in order to 
 continue must be exerted — if they seek the attachment or de- 
 mand the obedience of the people, they must seem anxious to 
 deserve the one, and appear competent to enforce the other — 
 with us the Viceroy is the depositary of their power, and ke if 
 not checked or shackled by cabinet intrigue, is capable of mak- 
 ing that power, both dreaded and respected. 
 
 The attention of- the reader is particularly directed to the 
 .opening Speech of the Attorney- Gen era!— this eloquent and 
 impassioned appeal, of which an ample Report is here given, ... 
 is worthy of the high character of our distinguished countrv- 
 man — Mr. North's harangue has been admired — 'tis certainly 
 smooth and shewy, but the texture is extremely slight — the 
 gentleman is a fair declaimer, but in reality,, a most wretched 
 reasoner — the Solicitor-General's statement, will be found in- 
 teresting — and, it is sufficient to mention the name of Bushe, 
 to procure an attentive perusal, for the admirable Charge to 
 the Jury. 
 
STATE TRIAL. 
 
 COURT OF KINGS BENCH. 
 
 MONDAY, FEB. S, 1823. 
 
 The King, at the Prosecution of the Right Hon. William 
 Conyngham Plunkett, Attorney General, 
 versus 
 
 Mathero Handwich, Henry Handwich, George Graham* fTm,- 
 Graham, William Brownlow, and James Forbes. 
 
 AT an early hour in the morning, so early as half-past six 
 o'clock, the doors of the Court were surrounded by a consider-* 
 able number of persons ; towards nine the crowd greatly en-» 
 creased, and among them a large number of Gentlemen of the 
 Bar. When the doors were opened the rush was frightful ; 
 some gentlemen were thrown down and severely hurt; many 
 had their clothes torn, and lost their hats and shoes ; the scene 
 was dreadful to those who were compelled to be participators 
 in it— disgraceful to those whose duty it was to have prevented 
 it. 
 
 The Judges entered the Court at ten o'clock. The Clerk 
 having read the indictments, and called the names of the Tra- 
 versers severally, they made no answer to the call. The High 
 Sheriffs were ordered to be called by Mr. Hyland, officer of the 
 Court. 
 
 At half-past twelve the Attorney-General rose; he said, that, 
 until the Traversers had severally answered to their names, ho 
 would make no observation. 
 
 The Court was now crowded beyond any thing ever before 
 witnessed in a Court of Justice — the windows were elevated to 
 admit air. 
 
 The Traversers were again called by the Crier, severally ; 
 and after proclamation for the Jury to be impanelled, the 
 Attorney-General required to know if the Special Jurors had 
 been all summoned ; and if s<^ was the Sheriff ready to prove 
 the fact — the answer was in the affirmative. 
 
 Mr. Seriven. — ihe Crown cannot proceed until the whole 
 panel be "-one through, and until it be signed. He argued for 
 the Traversers the right to have the panel signed by th« &ieriff; 
 
 B 
 
and put it to the Court, whether the panel could be gone through 
 if it were encreased without end. — How do we know it to ba 
 the return to the precept ? 
 
 Mr. Blackburne. — We apprehend this is not the proper 
 panel ; it must be authenticated. The Court cannot act upon 
 the panel without legal evidence, or official authentication. I 
 have no objection, however, to the calling of the panel before 
 it be signed. 
 
 The panel was then called. 
 
 There were repeated interruptions, from noise and confusion 
 in the Court. The Jury not answering, the Attorney-General 
 said it was necessary that the whole panel should be called on 
 fine. 
 
 The Traverser's Counsel objected to the fine imposed for 
 non-appearance, as being excessive — 20l. 
 
 The Att. Gen. declared his intention to enforce every fine. 
 P. Golding, called and sworn. — Did >'you summon John 
 Chambers ? I left the summons at his residence in Dublin. 
 Forty-seven of the panel only having appeared. 
 Attorney-General — Considering the importance to public 
 justice of the trial, I must request that the Court will commit 
 for contumacy. 
 
 Chief Justice — It Is the unanimous opinion of the Court, 
 that it cannot at present take any ulterior step : but Mr. Attorney- 
 General may move to enlarge the panel. 
 
 Mr. Attorney- General consented, and the Sheriff was di- 
 rected to proceed accordingly. 
 
 Attorney-General.- — Every one in this Court must be sur- 
 prised at the smallness of the panel. I have a right to examine 
 the Officers of the Court touching the cause. 
 Ten names were then added to the panel. 
 Mr. Driscoll required the Sheriffs' signatures to it — granted. 
 Mr. Driscoll required one of the two informations to be tried 
 at a time. 
 
 The Attorney- General dissented. 
 
 Mr. Driscoll contended for his privilege ; the informations 
 were dissimilar, and should be tried separately. 
 
 Mr. North made an objection for the prisoners, which was 
 overruled. 
 
 The Traversers, James Forbes, William Graham, William 
 Brownlow, Henry Handwich, George Graham, and Mathew 
 Handwich, were then put to the bar, and the panel was again 
 called over, upon a fine of fifty pounds, in order to swear in 
 a Jury. 
 
 W. S. Magee, challenged by the Crown. 
 
 pram-is Mills, sworn. 
 
 George Alker, challenged. This person having taken the hc&k in his banc!. 
 
 Mr. Perrin objected to the challenge, as the oath had begun* 
 to be administered. It has been so ruled in the case of the 
 King versus Brandeth. 
 
Attorney Gsner.il — The Officer of the Court will state the 
 practice, and whether he went as far as the words " well and 
 truly try." 
 
 Mr. Serjeant Lefroy — It is a rule of practice, not of law.— 
 The whole oath Avas not administered. 
 
 Chief Justice — Let the Juror be re-produced 
 
 Officer — Stand bye, Mr. Alker, you are not sworn 
 
 James Wyon, sworn. 
 John Hendrick, challenged hy the Crown. 
 Thomas Fry, sworn. 
 Robert Stubbs, challenged by the Crown. 
 Nathaniel Walker, do. 
 John Baker, sworn. 
 John Jones, challenged by the Crown. 
 James O. Smyth, do. 
 P«ter Cockburn, do, 
 Thomas Parker, sworn. 
 William Osborne, challenged by the CrawjXn 
 John Johnson, do. 
 William Smith, do. 
 John Caldwell, sworn. 
 
 Arthur Battersby, challenged by the Crown. 
 Thomas Hunt, do. 
 Paul Chambers, do. 
 
 William Taylor, called on pain of £50. did not appear 
 S. Oldham, challenged. 
 George Cutler, do. 
 Ralph Ham, do. 
 R. Dollard, sworn. 
 Georg* Gunn, challenged. 
 Wm. Dickenson, do. 
 R. Annesley, bworn. 
 William Geoghegan, challenged, 
 Abraham Hargrave, sworn. 
 Mathew Lamb, did not answer. 
 Edward Armstrong, sworn 
 William Milling, challenged. 
 
 Neill M'Kenny, objected to on the part of the prisoners) by Mr. Robert 
 Johnson, as having expressed opinions on the question. 
 
 Chief Justice — State the question you mean to propose t# 
 the Juror. 
 
 Mr. Johnston — I wish to ask whether the Juror has said 
 there was a conspiracy. 
 
 Chief Justice — The question cannot be put. 
 
 Challenge withdrawn. 
 
 Mr. M'Kenny, sworn. 
 
 John Stanley, challenged by the Crown. 
 
 Isaac Tvndall, sworn. 
 
 The following Gentlemen formed the Jury : — 
 
 Francis Mills, Foreman. • 
 
 James Wyon, Abraham Hargrave, 
 
 Edward Armstrong, Neil M'Kenny, 
 
 Thomas Frv, John Baker, 
 
 • Richard Dollard, John Caldwell, 
 
 R'.chard Annesley, Thomaf Parker. 
 Lwuc Tvndall, 
 
6 
 
 Mr. Driscoll for the prisoners. — My Lords, before the Attor- 
 ney-General commences his statement, or enters into evidence 
 for the prosecution, I have to pray your Lordships, that as the 
 informations in this case are dissimilar, different judgments may 
 be given. 
 
 Chief Justice.-^-In felony and stealing the informations are 
 dissimilar, and yet the same judgment is given. How can you 
 make such an application in this case. 
 
 Mr. Robert Johnson — My Lords, we demand a precedent 
 from the other side; a case in which it has been done 'in invittint.* 
 v Mr. J. S. Townsend, (for the Crown) — There is no precedent 
 for diversity of judgment, excepting in what is called villaincous 
 judgment, and that is only in capital cases. 
 
 Chief Justice — Precisely so; therefore the Court cannot 
 grant the application for which the Traversers counsel have 
 contended. 
 
 Mr. North rose to support the application of Mr. Driscoll. 
 
 Chief Justice — I could wish, Mr. North, that you had 
 risen before the Court had decided the point. I am most un- 
 willing to deprive the Traversers of the assistance of their 
 counsel, and on this account I shall attend to any observations 
 that you may offer. 
 
 Mr. North — -I thank Fyour Lordship, and I beg to ask, my 
 Lord, if one of the prisoners be found guilty on one count, 
 and some another, and supposing them anxious to make an 
 application for a new trial, in which they must all concur, how 
 is it possible unless there be a dissimilarity of judgment and 
 evidence, for your Lordships to say, whether the Traversers 
 are entitled to such a right, either collectively or individually. 
 
 Chief Justice — ? We do not consider this a valid objection. 
 
 Mr. Driscoll then applied to the Attorney -General for a list 
 of the witnesses for the crown? In making the application, he 
 was willing to grant to the Attorney-General a privilege of the 
 same extent which he required for himself. 
 
 The Attorney-General did not feel disposed to comply with 
 the application of Mr. Driscoll. 
 
 Mr. Driscoll further required that the witnesses for the crown 
 should be removed from Court, 
 
 The Attorney General was willing to agree ; and he begged 
 to state, that any concession which he could with propriety 
 grant should be made to the counsel for the Traversers. But 
 Tie begged to state, that none of the witnesses for the Crown 
 were in court, at least, he could positively declare, that he had 
 given orders that they should not be allowed to [be present. At 
 the same time he said, he had no objection that any of the 
 witnesses for the Traversers should remain in court. 
 
 Chief Justice — That being the case, I shall have the regula- 
 tion of the whole business between the parties concerned. 
 
Mr. Richard W. Greene now opened the pleadings. The 
 declaration contained many counts, and there were besides two 
 informations — one with three, the other with two counts. 
 
 First count stated that on the 14th December, in the 3d year 
 of the King, that they repaired to the Theatre for the purpose 
 of insulting his Excellency the Lord Lieutenant of Ireland. 
 
 Second count, for conspiring generally to create a riot in the 
 Theatre. 
 
 Third count, for having conspired to assault the Lord 
 Lieutenant. 
 
 The second information. First count, after preliminary 
 averments, that Defendants, with others unknown, did publicly 
 insult, groan, and hiss his Excellency, kc. 
 
 Second count, that die said Traversers did so continue to act 
 for one hour and upwards. 
 
 The Attorney General rose at half past twelve o'clock, 
 and spoke as follows : — 
 
 " My Lords, and Gentlemen of the Jury — It becomes my 
 duty to state the grounds of the present prosecution, with 
 the evidence on which it is to rest for support. My Lords — 
 often as it has been my lot to have been a public prosecutor ; 
 often as I have appeared to fulfil my duty to the Executive ; 
 frequently as I have been engaged for private individuals, I do 
 most solemnly declare, that I never approached this venerable 
 Court with a more deep-felt anxiety, or addressed a -Jury un- 
 der such embarrassing circumstances. My Lords, this is no 
 ordinary case, nor is it a common-place occasion ; It is a case, 
 Gentlemen, in which although the lives of the parties are not 
 concerned, nevertheless, if the facts charged be proved, it is 
 a case in which heavy and exemplary punishment awaits the 
 Defendants. It is a case, my Lords, as my learned friend 
 who opened the pleadings has told you, in which it will be 
 proved that a deliberate, preconcerted effort was made to 
 assault the Representative of Majesty, and further, to drive 
 him out of this country. Gentlemen, I cannot smooth or 
 soften down facts: this is really the true complexion of the 
 case at present before you. Gentlemen, I should indeed 
 blush for the place of my birth, if I did not live in a country in 
 which the mere mention of the facts which I shall disclose did 
 not excite your indignation and abhorrence. I do not come 
 here as the representative of Lord Wellesley. I do not come 
 here to seek reparation for the injury and the outrage that ha» 
 been inflicted on that Nobleman ; but I come here, Gentle- 
 men, as the representative of the majesty of the law, to de- 
 mand justice on a desperate, though contemptible gang, who 
 have confederated to put down the King's Representative, 
 roerelv because he obeys the King's eommandi. 
 
" My Lords, I know the feelings of the illustrious and ex- 
 alted personage against whom this villainy has been committed 
 — I know that his elevated mind spurns at not having been 
 exposed to any noble danger ; but as there is '* some sort of 
 good in things evil," so has his Excellency's mind been 
 cheered by that great and glorious burst of public feeling, 
 which, in its mighty circumference of circle, lias surrounded 
 the object of its admiration, and concealed from his admiring 
 view, the dark spots that environ (he hallowed halo. Gentle- 
 men, it now remains for me to put down by law the atrocious 
 gang whose hearts were so sublime, (and thanks be to Hea- 
 ven, so solitary) in iniquity, as to conceive and perpetrate an 
 object of such atrocious ferocity. Gentlemen, on this occa- 
 sion I have no object— no feeling but one — namely, the attain- 
 ment of public justice ; and believe me when I say that I 
 shall go away humbled and self-reproached from this Court, 
 if 1 do not satisfactorily demonstrate, that a foul conspiracy 
 existed against the person and the Government of the Marquis 
 Wellesley, Gentlemen, the facts which I shall lay before you 
 are in my mind so clear and palpable, that I protest to Hea- 
 ven I should think I had committed a base dereliction of my 
 official duty, had I not arraigned these men here to-day, 
 before God, their King, and their Couatry. You are all aware, 
 Gentlemen, of the Grand Jury, I will not be so uncandid as 
 to conceal from you my strong conviction, that pubiic justice 
 had not been done on that occasion. In all my experience of 
 the troubles and political agitations of the last five and twenty 
 years, I do most solemnly asseverate that I never heard — that 
 I never met with a case in which the fact6 were so conclusive., 
 I wish to be understood as throwing no imputation on the 
 Grand Jury — the affair is between God and their conscience. 
 It is not my business to arraign the Sheriff who impannelled 
 that Jury — he is not on his trial. It is not my business to 
 denounce the Grand Jur}- — they too are not on their trial— 
 but the time may come, and at no very distant day, when, in 
 another place, 1 shall not shrink from the efficient discharge 
 of my public duty, should there be a further recurrence to 
 this transaction. I entreat the indulgence of the Court, for. 
 having so far criven way to my feelings. I implore the atten- 
 tion of the Jury while I return to the case before them, and 
 detail the dark and dangerous ramifications into which it 
 branches and extends. 
 
 «• Gentlemen — I shall commence so far back as the 4th of 
 November, the anniversary of the birth-day of King William. 
 Gentlemen, perhaps it is no part of ray duty to rescue history 
 from misrepresentation, or to defend the memory of the illus- 
 trious dead ; but as one anxious to preserve the memory of 
 King William from the contaminating influence of the igno- 
 
rant admiration of the traversers, in vindication of "the me- 
 mory of a good man and a great King, T raise my voice 
 against the ludicrious idolatry, against the millinery and 
 mantua-making devotion of these hebroclite politicians. I 
 claim for King William the merit of rescuing my country 
 from the bondage and the despotism which the Stuarts inhe- 
 rited from each other, and which flowed from father to son, 
 generation after generation. I claim for him the merit of 
 having subdued arbitrary power, of having conquered faction, 
 of having transmitted to me, and to you, the blessings of a 
 free Constitution. I claim for him the merit of the Bill of 
 Rights, and the pure administration of justice. I claim for 
 him the advantage of having prevented civil war, and of hav- 
 ing settled the Constitution by stopping the effusion of blood. 
 — I claim to have him considered as a head to whom difficulty 
 was but incitement, to whom impediment was but renewed 
 exertion, to whom defeat was victory. I claim all this for 
 the man who poor in purse, but rich in mind ; unaided, un- 
 supported, excepting by exertion and perseverance, overcame 
 the obstacles which a confliction of powerful interests flung in 
 his way. Who by his wisdom, his firmness, his policy, united 
 the most discordant and disagreeing materials, and reconciled 
 the jarring pretensions of the jealous and the ambitious — 
 Great King William was not a consummate general. Success 
 xlid not crown his labours, nor the prospect of booty excite 
 his ardor. But the want of both were unable to damp the 
 vision of his mind. Adversa rerum immersabilis unda. That 
 reward which in conquering a kingdom gave it a constitution 
 similar in kind and equal in advantage to that enjoyed by the 
 freest nation in the universe. He was a second Scipio ; su- 
 perior to Tamerlane, and equal to Regulus, he wielded with 
 discretion the unrestrained resources of a mixed monarchy. 
 
 ** Unfortunately, however, there were in this kingdom per- 
 sons who, from a concordance in religion with the desposed 
 monarch were ready to resist the government of William. 
 Gentlemen, I cannot but odmire the fidelity and devotion of 
 these persons, and while I lament that the object of their 
 affections was unworthy, I cannot but remember the strength 
 of nature, the despotism of prejudice, and the endearing 
 fascination of a similarity of sentiment. To these persons the 
 victory of William was a u sad servitude," a bitter triumph. 
 Their religion extinguished, their altars desecrated, their 
 lands confiscated, their alliance broken with that monarch, 
 whose fame, whose renown, whose strength, and whose glory, 
 had made all Europe prostrate; and whose popularity promised 
 a speedy acquisition of these kingdoms had it not been for the 
 consummate wisdom and wise policy of the enlightenedWilliam 
 —I mean Louii IV.—Long did this wound fester, and longer 
 
 / 
 
16 
 
 did it fasten itself in these devoted, high minded, chiva-lris 
 champions of a religion which they adored, and a principle 
 which they cherished. But even this, this triumph was not 
 sufficient by an intolerant party ; still did it ring in the ears 
 of the subdued, the memory of their defeat and humiliation. 
 Let me ask was this just ? I am sure it was not generous, nor 
 high minded. And so, the beloved monarch who now reigns 
 in the hearts, and rules, by the affections of his, people thought. 
 In that visit, which in his solicitude for your welfare, he was 
 induced to pay you, the memory of which shall never fade from 
 •my recollection, as I am sure it never will be obliterated from 
 yours ; and any attempt to convey an idea of the blessings of 
 which, would be vain, and inadequate— in that visit his Ma~ 
 jesty witnessed with delight the ardour, the affection, and 
 allegiance of his Irish subjects — his heart was touched — his 
 generous nature was arroused — and he determined on the ex- 
 tinction of those feuds and animosities, which had hitherto 
 proved so baneful to the country. In this spirit his Majesty's 
 parting admonition was framed. For a time it had the desired 
 effect ; but even before his Majesty left this hospitable shore, 
 it was evident that the elements of discord were at work. It 
 is well known that before his Majesty condescended to dine at 
 the Mansion- House, he had stipulated that the toast of the 
 " Glorious Memory' should not be given. His Majesty, with 
 that quick apprehension which he possesses, saw the evils of in- 
 tolerance and animosity, and entered upon the godlike task of 
 doing what had been left undone by his predecessors. In fur- 
 therance of this object he participated in the conviviality of 
 his subjects, and restrained by his august presence the intem- 
 perate exhibition of an enthusiastic, (perhaps) but certainly a 
 wicked and mistaken feeling. But this was not all — he sent 
 among us a countryman of whom we are all proud, and who 
 has added new lustre to the name of Irishmen; whose name 
 and whose fame have spread wherever commerce or civilization 
 has penetrated ; the brother of a warrior, a statesman himself, 
 wise in council, deliberate in judgment, intrepid, unyielding, 
 and resolute: prompt to command, ard ready to execute; the 
 friend of civil and religious liberty — a soldier and a statesman. 
 This is not adulation, or the inordinate incense which power 
 commands. It is true, I am Attorney- General, and that 
 Lord Wellesley is Chief Governor, but I have too correct a 
 notion of that illustrious person's good taste to suppose he 
 would not discountenance the familiarity of a sycv>pnantic 
 flattery. However such was the man chosen to effectuate the 
 intentions of royalty, and to put into practice the beautiful 
 theory eked and etched out by the royal hand. The first act 
 of the Marquis Wellesley was to discountenance the giving of 
 a toast which was grossly misused and much misunderstood, 
 
11 
 
 tfnd which in consequence was grossly offensive to the majority 
 of the people. His second, to prevent that annual exhibition 
 of bad ta^te and «' gaudy glare' by which the admiration of 
 the vulgar were captivated and entralled. I speak of the 
 dressing of the Statue merely as a matter of taste, and I 
 assert that every educated and classic mind, must revolt at 
 the idea of witnessing a hero and a conquerer crowned with 
 chequered compliments of a dark red and deep yellow. I 
 assert that no man has a right to dress the statue, or in any 
 way to interfere with what is the public property. I remember 
 same years ago, when some ruffians bedaubed that statue with 
 lamp black, which by every one was considered an illegal 
 disfiguration. 1 would ask, where is the mighty dLTerence 
 between black and yellow ? Is not the one as illegal and as 
 tasteless as the other ? The prohibition of this mischievous 
 ceremony was called for by the Protestant, inhabitants of the 
 neighbourhood ; no Roman Catholic signatures were afiixepl 
 to the requiskion, although they had equally, nay doubly, a 
 right to complain. On this requisition did the authorities act, 
 sanctioned by the approving acquiescence of the _ Marquis VVel- 
 lesley, and the consequence was, there was no dressing. — 
 Then was the tocsin of alarm sounded against the ?>iarquis's 
 government ; and then was planned that systematic opposition, 
 that combined confederation, which has since enceavoured, 
 covertly and openly, to subvert, impede, and overturn, the 
 government of the Marquis Wellesley. For several nights 
 was the statue guarded to prevent a breach of the peace, and 
 twice was the dressing attempted in defiance law ; in defiance 
 of the wishes of the King ; in defiance of the mandate of the 
 Lord Lieutenant. One of the Traversers at present arraigned 
 it will be proved to you, was active at that dressing* The 
 plotting went on in regular progression, from the 4-th of No- 
 vember till the 7th of December, and on this day, the conspi- 
 rators were aware that an opportunity would soon offer, to 
 effect in public, what they had planned and designed in private. 
 It was now advertised that his Excellency would visit the 
 Theatre in state, on the 14th December, and thus would be 
 afforded an excellent opportunity of pouring forth the muddy 
 stream of their abominable animosity. Tickets were purchased 
 from the Box-keeper, previously to the night of entertainment. 
 — a part of the gang were to station themselves in the pit-— 
 tome in the lattices — but the greater portion were to be civided 
 between the upper and middle galleries. These latter were to 
 march from Daly's in Werbutrgh-.street, that is. Lodge 1612. 
 They were to go on ticket* previously purchased bv thr'ee of 
 the Traversers. A man of the name of Heron, holdftig a 
 respectable situation under (t )vernment in the Custom H;.mse 
 and the Post-OJfice, was ■ to have furnished £z.*for t lese uur* 
 
 C 
 
12 
 
 poses. Moreover, it will be stated that these people went 
 armed with bludgeons; others had rattles and whistles; a third 
 party were provided with inflammatory placards and addresses, 
 which were flung copiously; some of these handbills Fell on 
 bis Excellency's head. Others of the conspirators hallooed, 
 vociferated, and hissed, on the exhibition of the signs, and on 
 the shouting of the watchword by their confederates in the pit 
 and lettices. Thus a regular subinfeudation and fealty will be 
 proved, and this is the link by which the conspirators were 
 bound and knit together, to overbear the law and brow-beat 
 the authorities. All this will be proved to you by testimony 
 unimpeachable and incorrupt. Moreover it will appear tliat 
 a piece of wood, a watchman's rattle was flung, which struck 
 his Excellency's box, and rebounded on the stage — that a 
 glass bottle was hurled from the galleries by one of the Traver- 
 sers, which struck the drop curtain and rolled on the stage. 
 Beside this, the riotous demeanour and expressions of the 
 Traversers will be developed; and from the strength of this 
 connected evidence, coupled with what afterwards occurred ui 
 a public tavern, you cannot have a rational doubt of the guilt 
 of the prisoners." 
 
 [The learned Attorney General here adverted to the modd 
 of proceeding by Ex-officio, and entered into a defence of its 
 legality, and the necessity that existed, under the present cir- 
 cumstances, of resorting to it ; he quoted several Law Autho* 
 rities in support of his opinion, and_of its being strictly legal 
 and constitutional. 3 
 
 " I have, (he continued) authorities in abundance, if ne- 
 cessary, but I had considered it a waste of the time of the 
 Court, to discuss ths recognition of a known and established 
 le^al principle. I further submit, that the throwing out of a 
 Bill by a Grand Jury, is no bar to further legal proceedings. 
 It is, undoubtedly, a rule of law, that 'no man can be twice 
 tried for the same offence; but a Grand Jury do not try, they 
 only determine to put a man on his trial. This is a marked and 
 evident distinction between the free opinions of a Grand and 
 Petit Jury, and if the former throw out the Bills, I should be 
 glad to know, whether or not the Plaintiff and Defendant do 
 not stand in the same relation, as they had done before the in- 
 stitution of the proceedings. The not finding of the Bills, 
 fs frequently assigned as additional cause for the institution of 
 fresh proceedings. This was lately decided in $heil v. Patter- 
 son, within the recollection of all your Lordships. In the 
 Portsmouth case too, where the Bills had been twice ignored,. 
 an information was granted in the King's Bench — But there 
 is also another case in 3 Bun. where Lord Mansfield says to 
 De Grey, Attorney General, or Sir Fletcher Norton, (I forget 
 which; ) •* That V the lowest subject was not righted by a 
 
13 
 
 Grand Jury, the King's Bench will interfere." If then this 
 privilege be* conceded to the lowest subject in the realm, sure 
 a like privilege will not be denied to the King, or the King's 
 officer. But there is another case, a theatrical one, which 
 bears so close a resemblance to the present, that I cannot 
 forbear quoting it, even at the risque of being tedious. My 
 Lords and Gentlemen — You have all heard no doubt, of the 
 celebrated Doctor Garth — Be it known to you then that this 
 gentleman wrote a prologue; certainly, it was more grateful 
 than sagacious, for it praised King William and libelled 
 Queen Anne. At the representation the actors refused i* 
 repeat the prologue by reason of the libel. Mr. Dudley 
 Moore, however a zealous protestant, jumped on the stage and 
 repeated the prologue amidst the applause of the auditory. 
 Moore was indicted, and a true bill found—but the jurors 
 having been dismissed returned in half an hour, and stated 
 that "Billa vera'* was a mistake, and that ignoramus should 
 have been the return (laughter). — And to this fact the twenty- 
 three jurors swore. The Attorney General then moved to 
 quash the indictment and succeeded ; but he also filed an ex- 
 officio information for the same offence. Sir Constantine Phipps 
 however, one of the Lords Justices, and Chancellor of Ireland, 
 interfered improperly with the jury and lectured the Lord 
 Mayor. For this offence he was summoned before the privy 
 council, who addressed the crown to dismiss him, and retail 
 the Attorney General who had properly filed the ex-officio." 
 
 The Attorney General, in conclusion, entreated the jury to 
 give a patient and attentive hearing to the evidence that would 
 be produced ; and he had no doubt whatever of being able to 
 fully establish the charge brought against the traverser!. 
 Richard Lowther, Box-Keeper of the Theatre Royal, "was 
 sivorn anal examined by the Solicit or -General, 
 
 Did the Lord Lieutenant visit the Theatre on Saturday 
 evening, the H*th December? He did. Was his Excellency s 
 intention publicly announced for some time before ? YeS ; I 
 believe it was advertised for some days before. Did Forbes 
 and Graham, two of the traversers in this case, purchase any 
 tickets from you ? Yes, they did. Pray how many ? I be- 
 lieve six each. You are sure that Graham bought tickets 
 from you? lam. Do you remember were these parties to- 
 gether when they purchased ? This I cannot swear. You 
 think, however, they bought nearly at the same time ? Yes, 
 I do. What sort of tickets did these persons purchase ? Pit 
 tickets. How many of these pit tickets did they buy ? I be- 
 lieve six each. You know Mr. Forbes's person ? I do, (with, 
 hesitation.) Is he here? No, (rather confusedly.) Yon 
 don't thin^ he is here ? I don t think fre is. Fray, Sir, lopk 
 
H 
 
 to the right, is that Mr. Forbes ? Yes, Sir, I see him now 
 as well as Graham. 
 
 Cross-examined by Mr. Robert Johnstone — Is it not usual to 
 purchase tickets on a night on which a full house is expected, 
 to avoid the crush, and to get in quietly before the entertain- 
 ment takes place? It is very usual. And six tickets is no 
 unusual number to have purchased ? No ; I have often sold 
 more. Pray, Sir, did you not give Mr. Graham orders for 
 his sisters, on the night in question ? I gave him a box docket 
 for his sisters. 
 
 Mr. George Atkinson sworn. — Examined by the Attorney- 
 General. 
 
 Do you hold any public situation, Mr. Atkinson ? No, Sir, 
 Does your brother, pray? He does/ Sir. May I ask the 
 nature of it, Sir? Clerk of Deliveries in the Custom House, 
 Do you recollect the evening of the day of the 14<th Decem- 
 ber ? Yes, perfectly ; it was the evening of the disturbance 
 at the Theatre. Do you know anv thing, Sir, of the planning 
 of that disturbance? I do f Sir; it was planned in the lodge 
 to which I belong, No. 1612. Do you know any thing so pre- 
 cise and particular in the conduct of Graham, as to induce you 
 to suppose him a member of an Orange Lodge ? I have fre- 
 quently met him at Daly's Lodge, in Werburgh-street,No.l612. 
 Is Daly's a purple Ioage ? It is. Were any others of the 
 traversers at this lodge ? Yes, Forbes was. State what passed 
 thereon Friday evening. A subscription was proposed by the 
 master, to defray the expences of such as could not afford 
 paying for admission to the Theatre. Who is the master of 
 the lodge ? Fletcher is the master. What purpose had these 
 men ingoing to the Theatre? To hiss and groan his Excel- 
 lency and the Lord Mayor. Why did they do this ? Because 
 they disliked his Excellency. Vv T hat other object had they ? 
 *To drive the Lord Lieutenant Out of the Theatre. Was there 
 a former meeting ? Yes. What was mentioned on Friday, 
 with respect to a former meeting ? It was said, that hissing 
 him out of the Theatre Would make him unpopular, ahd get 
 him recalled What was appointed with respect to No. 1612 ? 
 That the members of it should go to the pit door, and get 
 near his Excellency's box. Why ? To hiss and hoot at him. 
 Did these persons get into the pit? I ca'nt say. Did you 
 h. j ar any of them say they did. Yes ; I heard Brownlow say so. 
 Who were to goto the upper^gallery ? The poor members of 
 the lower lodge. Were either of the Handwiches at the lodge 
 on Friday night ? No. Was there money subscribed ? Yes ; 
 &£. Who got the money ? My brother, John Atkinson. 
 I low to be applied ? To purchase pit tickets, for the upper- 
 gallery. Had you any conversation with- Forbes on Friday 
 
35 
 
 night ? I had. What was it ? It was nothing particular — it 
 was on general subjects. Did you take any steps to get these 
 people into the upper-gallery ? Yes ; I went and saw them 
 into the upper gallery, from the sign of the Black Bull, in Ship- 
 street. Whom did you meet at the Black Bull ? Graham, ray 
 brother, Forbes, Handwich, and many others. How many- 
 people went from Ship- street ? About thirty persons. Did 
 the whole of those in the gallery go from Ship-street ? I 
 cannot say. Did they say what they were to do at the Thea- 
 tre ? They were to insist on the Boyne W T ater ; and if it 
 were not played, they were to let nothing go on. How could 
 they prevent the play from going on ? By making as much 
 noise ^s they could. Did you take any step to further these 
 objects ? No ; I feared the excitation of feeling, and went to 
 inform the Lord Lieutenant. Did you give the information ? 
 No, a centinel would not let me in. Then you gave up your 
 intention ? I did. Juror — Did the centinel refuse you more 
 than once ? No. Did you tell him your business? No. 
 Had you any watch-word, and what word was it ? It was 
 " look out." Had you any spirits or porter ? Yes ; in a 
 vial; a quart bottle — (laughter.) Did Handwich say any 
 thing at this place on Saturday evening ? Yes ; " boys be 
 wicked !" Did you see any of these persons in the Theatre ? 
 Yes, I saw them at the left hand side of the gallery. Did 
 you see Forbes in the house ? Yes, in the upper tier of 
 boxes. Had he a whistle? Yes. Did he use it? Yes. Did 
 you see any thing particular at the Theatre that night ? Yes, 
 there were hand-bills, &c. Did 3 ou see any of these papers ? 
 Yes, at Ship-street house. Were they like those I hand you? 
 Yes, similar. Who dispersed these? M'Cullagh, over his 
 Excellency's box, and one of them fell into his Excellency's 
 box. Who was the person who took those bills to be printed ? 
 I can't say ; M'Cullagh had the manuscript. Did you see any 
 of those hand-bills that I hand you? Yes. Did you see a 
 man of the name of Kelly at the Theatre that night ? Yes. 
 Did y< u see him afterwards? Yes, at a tavern. Was there 
 any thing particular or extraordinary ? I saw Forbes throw 
 one of the hana-bills on the stage, and there was whistlings 
 shouts, &c. &c What were the expressions ? " A groan 
 for Popish Wtllesley" — " Bald-pated Wellesley go home out 
 of that," Was there much noise ?. Ye?, and the perfor- 
 mance was frequently interrupted. Was it before or after 
 those expressions had been used, that Forbes was in commu- 
 nication with the galleries ? It was after. Who was at the 
 tavern, after the play, where you met Kelly ? Graham, two 
 gentlemen of the name of Smith, with Brownlow. and my 
 brother. There was an interesting conversation ? Yes, For- 
 bes said, Devil mend him j when we talked of the bottle 
 
s 16 
 
 having been thrown. Did Forbes say any thing else^ Yet» 
 he said he should not matter being transported, if he could 
 raise an Orange Lodge, and asked why were not the boys 
 more active, addressing himself to Brownlow. What did 
 Brotvnlow say ? He said the pit did as well as any other 
 quarter of the house. When tlvey spoke of going bail for 
 Handwich, did they ask with what he had Deen charged r 
 They all knew it was about the bottle. 
 
 Cross -examined by Mr. Blackburn, far Forbes. 
 What sisuation does your brother John hold? Clerk in the 
 Custom- House, When did you give the information you 
 have been giving to-day to Government ? I did not give it to 
 Government. Then you gave it to your brother ? I talked 
 generally on the subject to him. Have you never given evi- 
 dence until to-day ? Never. Have you made any arrangement 
 with respect to your brother still keeping his situation ? No, 
 1 could not arrange that with my brother. Do you know how 
 to write ? Yes. And why did you not write to Lord W f elles- 
 ley when you had been refused ? It did not occur to me. At 
 what hour were you at the park ? At twelve o'clock. You 
 walked back ? Yes. And had full time to give any informa- 
 tion to your father, who has a similar situation with your 
 brother ? I don't know that. Did you hear any instructions 
 given to buy fire-arms, offensive weapons? No, never. Have 
 you never remonstrated with your brother on the impropriety 
 of his conduct? Never. On Friday evening you were at 
 Werburgh-street ? Yes. Did the speech of the master take 
 place before the Lodge had closed ? No, after supper. Had 
 Forbes been at supper ? Yes. You hao! been all drinking ? 
 Yes. How did it happen that Forbes, who was not a member 
 iof the lodge, was present? He was a visitor. What was the 
 .amount of the collection made at Werburgh-street after sup? 
 per ? About £ I . Did Fletcher mention the Lord Lieutenant, 
 or the Lord Mayer only ? , He made use of the Lord Lieu- 
 tenant's name. Was Forbes present then ? Yes. Did he 
 hear this conversation ? I can't say. When did you first see 
 the whistle with Forbes ? At Werburgh-street. Had you a 
 whistle ? Yes. Did you buy it after you had been at the 
 Lodge ? I did not buy it at all : they were handed about at 
 Werburgh-street. At what hour did you go to Flanagan's ?> 
 When the play was done. Was not Forbes tipsy when he came 
 to Essex-street ? Yes, he was,, and appeared warm ; ho 
 drank also during supper. What toasts did Forbes give at 
 supper? Ci The King, the Glorious Memory, Protestant 
 Ascendancy," and many other toasts of that kind. At what 
 hour did you separate ? At half-past one o'clock. Were, 
 there strangers there ? There were. Did 1 you offer to come 
 forward as a witness iu Forbes'* favor"? I don't recollect. Did 
 
11 
 
 you tell any body what you could say in favor of Forbes? 
 No. Nor that you could give evidence in his favor, if your 
 brother was safe ? No. Did you hear that it was intended to 
 throw a bottle or a missile at the Theatre ? No. What did 
 you understand by the expression, "Boys be wicked?" I heard 
 that they were going too far a-head. Laughter. Was not Forbes 
 rather drunk at the time he used these words at Werburgh- 
 street ? He was. What situation of life are you in now— 
 Have you any employment ? No ; I was formerly an officer 
 in the Custom-House. 
 
 Re-examined by the Attorney General. Were you ever sent 
 for by any person to make a communication on this subject. 
 I was. Did you make a communication ? I did. Was any 
 promise or threat held out to you in consequence of that 
 communication. None upon my oath. 
 
 Mr, Atkinson examined for George Graham, by Mr. 
 Driscoll, 
 
 You saw George Graham there? He was not there, nor 
 was Mathew Handwich. Did you see George Graham doinj 
 anything mischievous at all ? I did not. Or Mathew Hand- 
 wich ? No. Nor Henry Handwich ? No. 
 
 Mr. Atkinson examined for William Broxvnloxv, by Mr, 
 Seriven. 
 
 You have said Brownlow was at Flanagan's ? Yes. Did he 
 not sit at a table by himself in the tap-room ? Yes. Did Mr. 
 Brownlow say or do any thing that night ? He came to the 
 table where Forbes 'and I were sitting. Do you know a man 
 of the name of Farley? No. Not even by sight? No. Did 
 you not hear that that man intended to give evidence against 
 yourself? No. When did you give any information relative 
 to these matters ? 1 don't recollect. How long after the 
 Saturday night? A long time. Was it long after the com- 
 mission ? It was. How long after ? On Tuesday. 
 
 By Mr. North— Was Mr. Graham at the lodge in Wer- 
 ^urgh-street ? No. 
 
 The Court adjourned at Five o'clock. 
 
 SECOND DAY. 
 
 The Court sat at nine o'clock this morning. 
 
 The Chief Justice and Judges J ebb, Burton, and Vandeleur 
 -having taken their seats on the Bench, and the Gentlemen of 
 the Jury having answered to their names, the several Traver- 
 gers were called; they answered severally to their names, 
 after which the first witness called on the part Of the Crow* 
 wa$ John Atkinson . 
 
18 
 
 Mr.- Serjeant Lefro^, after stating that on account of the 
 absence of some of the witnesses, he and his colleagues would 
 deviate from the order of the evidence which they had intended 
 to pursue, desired the crier to call 
 
 Joan Atkinson 
 
 Who being sworn, was examined by the Solicitor General. 
 
 Do you remember the night .the Lord Lieutenant went to 
 the Theatre- Royal ? I do, Sir. Was his Excellency's inten- 
 tion known to you before? It was, Sir. Do you remember 
 meet it) g with any person, at any time prior to the night of his 
 Excellency's going to the Theatre, and do you remember 
 speaking on the subject to any such person ? Yes, I do- Had 
 you mor-e than one meeting at which his Excellency's intention 
 was the subject of conversation at the meeting ? Yes ; I 
 heard it mentioned more than once. I ask you whether you 
 were in company with any persons when his Excellency's inten-f 
 tion was the subject of conversation, and whether it occurred 
 more than once ? It did. When did the first of the meetings 
 take place — was it one, two, or three days before his Excel- 
 lency went to the Theatre? It was a few .days previous; I 
 can t immediately mention the day. Do you remember going 
 to the Shakespeare Tavern and speaking there with persons on 
 the subject, previous to his Excellency's going to the Theatre ? 
 I do ; 1 was there on one night before the time. Do you re- 
 member what that night was ; was it two or three nights pre- 
 vious ? I really forget whether it was two or three nights. 
 What was the subject of conversation at the supper on that 
 night ? It was about the steps we should pursue- Who were 
 present at that meeting ? I was for a good part of the night. 
 Mention others; do you remember others? I do Sir; there 
 was Mr. Stoker present. Was there any other ? Thera was 
 Mr. Bentley. Any body else ? Yes; Mr. Heron was- there. 
 That is the person I asked you about; you and Mr. Heron 
 were there ? Yes, Sir. What did the conversation turn on. 
 
 ( Here Mr. Blackburne objected to the question, because 
 one of the Traversers was connected by the evidence, with 
 the Shakespeare Tavern.) 
 
 Question by the Solicitor Genera! — You recollect that there 
 was a meeting at the Shakespeare, at which the last witness 
 who was examined was present ? ( Here the Attorney General 
 explained the circumstances of the previous meeting. ) The 
 Solicitor General, in continuation, said, I wrjtfju'st mentioning 
 that there was a previous meeting, and that tiio former witness 
 had connected this meeting at the Shakespeare, with .the one 
 here, 
 
 Mr. Driscoll — He does, but in an imperfect way. 
 
 The Solicitor- General — I will make it perfect for vou,. 
 
19 
 
 The Chief Justice observed, that it having been said in the 
 presence of Forbes that there was a meeting, at which they 
 had determined to do what would make the Lord Lieutenant 
 unpopular, the evidence could be connected. 
 
 Mr. Driseoll admitted the general principle of the law, but 
 contended the law did not apply. 
 
 Mr. Robert Johnson said that it would be carrying evidence 
 beyond its proper limits, if when one man comes to another 
 and tells him that there is to be a meeting, and if it should 
 be maintained, that all that takes place at that meeting i* 
 evidence against the man who told the other that there would 
 be such a meeting. The last witness did distinctly say that 
 he would not swear that he had heard the Lord Lieutenant's 
 name mentioned. But he (Mr. Johnson) would suppose that 
 the witness had heard it mentioned — still that would not make 
 it evidence- If one man say9 that a meeting took place, upoa 
 what principle is it that all the facts connected with that 
 meeting, or all the consequences of the meeting, shoulcL.be 
 evidence against that man ? When that meeting is brought 
 forward, it may refer to some other meeting different from the 
 insulated evidence of having heard that a meeting took place. 
 
 Mr. North, after having explained the nature of the rule 
 of evidence, which he declared to be founded on good sense, 
 said, that whenever a number of persons are in pursuit of one 
 common object, the declaration of the sentiments of one of 
 them was evidence against the others ; but that the rule never 
 extended to this — that the statement made by one of them. 
 
 that a fact took place, can be evidence of that fact. Let A 
 
 and B have conspired to effect a common purpose, an act done 
 by B in pursuit of that purpose is evidence against A ; but if 
 b says against A, that such a person is knocked down in the 
 street, that statement cannot be evidence against A. Mr, North 
 continued to argue with great zeal, and in suppbrt of his 
 opinion, quoted the case of Hardy, Tooke, and others. Mr. 
 Hamilton, after alluding to the authority quoted by Mr. North, 
 argued that such evidence was inadmissible. 
 
 The Court over-ruled the objection, declaring, that the 
 evidence ought to be admitted, because the persons who were 
 assembled at the one meeting were assembled at the other, ancl 
 because there was a community of object at the two assemblies, 
 which would make what commenced at the one, evidence of 
 the nature of the object at the second. There was evidence 
 that the thing which commenced and which passed at the 
 Shakespeare, was commenced aad acted on at Werburgh-street, 
 In short there was evidence to go to the Jury, that t!iemeet» 
 ing at the Shakespeare and the meeting at Werbj: ^-sir^t, 
 weresevetal parts of the the one conspiracy. All the conspi- 
 rators are not proved to have been at both the meeting*. 
 
 9 
 
20 
 
 The examination was then resumed by the Solicitor General. 
 
 Q. The conversation turned at the Shakespeare on the Lord 
 Lieutenant's intended visit to the Theatre ; was any thing done 
 in consequence of his going to the Theatre ? — Yes, Sir ; it was 
 mentioned that some people should be sent thei'e on the night of 
 his going to the Theatre. (J For what particular purpose was 
 it agreed on, and what was concerted at that meeting for the 
 sending of the persons to the Theatre ? — I cannot be very par- 
 ticular, because it was at an advanced hour of the night ; the 
 subject, as far as I can remember — 
 
 Mr. Robert Johnson, K. C. — What the witness is now go- 
 ing to say will not be evidence ; he is not u> give conclusions, 
 but statements of facts. 
 
 Here the Chief Justice explained to the witness that he was 
 not bound to state the exact words, though, on the other hand 
 he was not allowed to give his own conceptions, but o^y the 
 substance of what had passed. 
 
 Q. Now recollect what occurred respecting the Lord Lieu- 
 tenant ? It was mentioned by one or two others to raise a fund 
 to buy tickets, to be given to the people, and to send them td 
 the Theatre. Q. For what purpose were they to be sent to the 
 Theatre ? 
 
 Mr. Driscoll objected to the question. 
 
 The Chief Justice. Was it discussed or mentioned for what 
 purpose the men were to be sent to the Theatre ? Because his 
 Excellency was going to the Theatre, it was to render him, I 
 suppose unpopular. The Chief Justice. — You are not, Sir, to 
 say what you suppose. — It was for the purpose of rendering the 
 Lord Lieutenant unpopular, or words to that effect. Q. You 
 have said, sir, that the object was to render the Lord Lieute- 
 nant unpopular, and that words were mentioned to that effect. 
 1 ask you, Sir, was any mention made of what would result 
 from that unpopularity ? Yes — that it might cause his removal. 
 — Q. Will you just listen to me — As it was passed at the meet- 
 ing that tickets would be bought, and that men would be sent 
 to the Theatre, the object was to render the Lord Lieutenant 
 unpopular in the country, and to remove him, the consequences 
 were immediate and remote.— -Yes, Sir. Q. As to the conse- 
 quences which were to be immediate at the Theatre, what wa* 
 che immediate object there with respect to the Lord Lieutenant, 
 by sending the men ? It was mentioned that it might cause him 
 to leave the Theatre. Q. Am I right in understanding you as 
 having said that the second object was to make him leave the 
 country ? Yes. Q. Am I right in stating as your evidence, that 
 tickets were bought, & that men were to be sent to the Theatre 
 for the immediate purpose of making him quit theTheatre, and 
 that the remote object was to make him quit the country ? It 
 .was. Q. Did you receive any subscriptions for carrying into 
 effect the plan ? I did. Q. For what jmrpote was it given ? 
 
s 
 
 21 
 
 It was not mentioned at the time I received it. Q. You sai(J 
 that when you were in the Shakespeare, it was mentioned that 
 money was to be raised? It was mentioned the night before, 
 that money would be sent to me ; and the next day it was sent 
 to me under a blank cover. Do you know the hand- writing 
 which was ou,ihe blank cover. I am not sure of it. Do you 
 know who the person was who sent you the money ? I know 
 the person who said he would send it to me ; it was Mr. Heron* 
 who said he would send it to me. Who is he? He holds a 
 public employment; I hear he holds a situation in a public of- 
 fice — in the post-office. Have you seen him acting in the post- 
 office ? I never saw him. Did you ever see him in the cus- 
 tom-house ? He is reported to be so. 
 
 Here the Attorney-General said, that is quite sufficient. 
 Q. How were the persons who were to be treated with tickets 
 to be employed ; what part of the bouse were they to be sent to ? 
 To the upper gallery. What was agreed upon ? It was agreed 
 upon that they were to be sent to the upper gallery. Why to the 
 upper gallery and not to any other part of the House ? It was 
 not considered necessary to send them to the other parts of the 
 House. 
 
 Here Mr. Robert Johnson, made a remark on the kind of 
 witness which was on the table, when the Attorney General 
 immediately said, that Council had no right to throw out impu- 
 tations against the witness. Mr. Johnson said he had a right to 
 do so ; but the Chief Justice declared that the observation made 
 on the witness, while on his ^direct testimony, was not right. 
 Mr. Johnson explained and argued that he was right ; but the 
 Chief Justice said, what I object to is this ; you assail the wit- 
 ness in the hearing of the Jury, and ) 7 ou allude to & particular 
 circumstance, which observation ought not to be made ; whea 
 you shall address the Jury just now, you can make any observa- 
 tion which you please connected with the case, but you shall not 
 be at liberty, during the progress of the trial, to make such ob«. 
 servations ; we will not allow it. 
 
 Mr. Johnson said, he was sorry for the observation, but 
 conceived that he had the right to make it. 
 
 The Solicitor General in continuation. Q. I am alluding to 
 the meeting at the Shakespeare ; now, sir, I ask you was there 
 any reason assigned, or talked of, why all the men should be 
 sent to the gallery, and none to the Boxes or Pit ? There was * 
 ason assigned ; it was mentioned that there would be plenty 
 go to the rest of the Jlouse, and to treat themselves. Do 
 ou remember seeing any of the persons again on any subse- 
 quent occasion ? I do sir. On what occasion ? I saw them on> 
 the evening of the morning I left the Shakespeare Tavern. 
 W'aere did you see them ? In Werburgh-street. At whoso 
 house ? At Daly's in Werburgh-street. Whom did you see at 
 ^hat time ? I saw Mr. Stoker and Mr. Heron. Did you see any 
 
 
22 
 
 ©f the Traversers who are here, I mean that are in Court ?■ (Af- 
 ter a pause, looking about him.) I saw Handwich. Do 5 ou 
 remember which Handwich ? I believe his name is Henry. 
 Do you know his person ? I do. Do you see him here in Com 1 ? 
 I do. Tell me who were there on that occasion ? Do you mean 
 in the evening ? Solicitor Genera]. Yes. A Mr. Fletcher was 
 there. Do you remember any other ? Mr. Stoker's brother v as 
 there. Do you know any other. No answer. Were there se- 
 veral persons there ? I don't recollect any more. Was there any 
 conversation on the subject of the Theatre ? There was. What? 
 was the nature of that conversation ? There was a deal relative 
 to the subject. It was about the mode of going up to the up* 
 per gallery, and how they should conduct themselves there. 
 Was there any conversation how they would go ? There was ; 
 Handwich was asked to get some people to go to the Theatre. 
 Did you a:rmge any thing about the manner, or how they 
 were to conduct themselves at the Play ? It was mentioned that , 
 after " God Save the King'' was played, they should call for 
 ?5 The Boyne Water." What were they to do after that ; upon 
 calling for " The Boyne Water." what were they to do ? They 
 were to endeavour to get it. If it was not got, what were they to 
 do then ? They were to interfere and to endeavour to prevent 
 the performance from going on. Was any thing mentioned re- 
 latiAe to the Lord Lieutenant on that night f The witness re- 
 mained silent. Do 3 r ou remember any thing having been said 
 relative to the Lord Lieutenant ? Another pause. If not, Sir, 
 you need not mention what you thought ? It was also mentioned 
 that the Lord Lieutenant might, probably, be compelled to 
 withdraw from the Theatre. Do you remember after that, call- 
 ing any where for the purpose of seeing Handwich ? I did call 
 to see him. Where did you call? I called at Dominick-st., at 
 Mr. Colburn's the carpenters. Was it previous to going to the 
 Theatre ? It was previous ; it was on the morning of the same 
 day. Was that previous or subsequent to the meeting at Wer- 
 Jmrgh-street? It was previous. Did you see Handwich there ? 
 No ; I saw his brother. Had yon any conversation with his bro- 
 ther ? I merely said that I wanted to see his brother. Do you 
 see him among the Traversers ? I do not see him there. 
 
 It was here mentioned in Court tjiat Handwich had more 
 than one brother, 
 
 Q. All you did then is this, that you asked for his brother 
 Henry ? Yes, and to inform him that I wanted to see him, 
 J)id you see him afterwards ? I did ; in Werburgh- street. Did 
 you ask him any questions relative to the plan ? I do not recol- 
 lect ; he got his instructions from Mr. Heron and Mr. Stoker 
 relative to the way in which he and they were to conduct them- 
 selves at the Theatre. Whom do you mean by " they' 1 — The 
 individuals. What individuals ? I mean the men Handwich 
 was to bring with him to the Theatre. 
 
23 
 
 'Witness went on to state in answer to tlie question* pro- 
 pose*! to him, that he did not know the exact number of per- 
 sons Hdiirtwich was to bring ; he mentioned if there could be 
 sixty or seventy persons brought. Tickets were purchased; 
 saw pome of the parties the evening after; that was on Friday 
 evening ; it was at half-past twelve o'clock on Thursday morn- 
 ing that tiie meeting was held at the Shakespeare ; they staid 
 there unril three. On Friday evening witness was at Daly's 
 at YVerburgh-street ; it was business brought witness there, he 
 went, to meet his Lodge ; saw Heron at the Lodge ; Mr. Stoker 
 Mr. M'Culiagh, Mr. Fletcher, Mr Forbes, and several others 
 were there ; Mr. Forbes did not belong to that Lodge ; he came 
 there as a visitor ; something passed there on the business of 
 the Theatre ; money was subscribed to purchase tickets ; be- 
 lieves all the individuals in the room subscribed ; a pound was 
 subscribed there ; a pound was handed to witness that evening 
 before out of the Lodge; it was not subscribed in the Lodge, 
 or from the Lodge ; can't swear which he-got it from ; Mr. 
 Stoker or Mr. Heron, but had it from either ; had four pounds 
 in all ; witness handed the most part of it over for the purpose 
 of purchasing tickets. Tickets were purchased ; Mr. M'Cul- 
 iagh and Mr. Forbes went into the Theatre for the purpose of 
 purchasing them ; witness did not go in; they gave him (wit- 
 ness) back some change ; there was a meeting mentioned to be 
 held in Ship- street, at the house of Mrs. Daly; this meeting 
 was held at five o'clock on Saturday ; thej met there previous 
 to going to the Theatre ; witness had visited Lodges at Mrs. 
 Daly's in Ship-street; they are of the lowest description of 
 Lodges ; there was not much done there that n?ght ; there was 
 some refreshment got for the men ; they all took some drink ; 
 witness has heard of Black Lodges ; don't belong to one of 
 them; the black are considered the higher Lodges ; not higher 
 as to persons or respectability, but higher in step, in promo- 
 tion ; the tickets were distributed that night ; saw several per- 
 sons that night, amongst whom tickets had been distributed ; 
 saw them as they came into the room ; there was not a great 
 many of them ; some of them had sticks with big heads upon 
 them ; witness saw handbills in the Theatre ; did not see them 
 before; don't remember any sign, or watch word having been 
 agreed on, by which the party might recognise each other; 
 witness went to the Theatre that nrght ; went first to the gal- 
 lery, afterwards went down to the boxes ; witness would noC 
 know Handwich's men. When they came for their tickets, they 
 just came and went; Forbes, M'Culiagh, witness's brother, 
 and himself, went straight to the upper gallery ; they first 
 went to the upper gallery ; they afterwards went to the upper 
 boxes ; Forbes had a small whistle ; they got the whistles at 
 Daly's in Ship street ; witness supplied the whistles j thexe was 
 
a rattle there ; can't say who had it ; the rattle was in Ship- 
 street ; there was a bottle there. 
 
 Were there more whistles than one ? Yes. Where did they 
 get them ? They got them at Daly's in Ship street. Was it 
 Daly the witness said ? Do you mean to say that they were 
 supplied there ? A pause. Who supplied them ? A pause. 
 Did you supply them ? I did altogether. You told us that 
 you had got the stock purse ? I had, Sir. Did you see a. 
 jattle there ? There was a rattle there ; but I did not see who 
 had it. 
 
 Question by the Chief Justice. — WTiere did you aee the 
 rattle? In Ship street. 
 
 Examination resumed by the Solicitor General. — Did you 
 *ee the bottle there ? I did. What kind of a bottle ? A black 
 bottle. Did you hear any conversation with any of the party 
 about a bottle having been thrown ? I heard there was ; but 
 I was in the lobby at the time that it was thrown. Was it- 
 Here Mr. Driscoll objected to the question, because the wit- 
 ness said that he had not been in the Theatre when the bottle 
 was thrown. 
 
 The Chief Justice. — That is not evidence, Mr. Driscoll. 
 The Solicitor-General is following it up. 
 
 The Chief Justice — I agree with Mr. Driscoll, that yon 
 fan't ask that question as to effect any of the Traversers. 
 
 Mr. Solicitor-General. — Is it not to any part of a concerted 
 plan ? 
 
 Chief Justice — What is said is not evidence, unless said by 
 one of themselves. Did you hear from any of the prisoners ; 
 I mean at any time, or at any place ; did you hear of the 
 throwing of the bottle ? After a pause; It was mentioned in 
 general conversation in Essex-street. The Chief Justice said 
 *hat could not be given as evidence, unless connected with 
 some of the traversers. Who were present in Essex-street ; 
 in who*e house was it ? Witness. — Which house do you 
 mean ? Do you mean Mrs. Flannagan's ? The Solicitor- 
 General answered in the affirmative. The witness then said — : 
 ♦here were some of the prisoners there that night: William 
 Graham was there, Forbes was there, and Brownlow was there. 
 Were any others of the Traversers there ? There were others 
 there. Was your brother there ? He was. Do you mean to 
 say, that you heard a conversation about the bottle being 
 thrown? Yes, Sir, it was mentioned. Come, as well as you 
 can recollect, tell what you heard ; I don't want to know what 
 the exact words were? (After a pause.) I can't recollect 
 any conversation, only it was mentioned as having been done. 
 Was any remark made on it ; I don t mean that you should 
 recollect the words* but the substance only ; was there any 
 ^remark made, or any opinion expressed by any person on im 
 
25 
 
 r 
 
 subject ? (After a long pause.) I can't bring any thit>^ t» 
 my mind- 
 Mr. Driscoll said, that the Counsel for Traversers had agreed 
 among themselves not to cross-examine the witnesses, unless 
 on points connected with their respective clients, lest they 
 should unnecessarily occupy the time of the Court. 
 
 The Attorney-General said, that the Law Officers of the 
 Crown had no objection to any latitude which the Counsel for 
 the Traversers might be inclined to take in the examination, 
 or cross-examination of witnesses, or in speaking to evidence. 
 Cross-examined by Mr, Rolleiton. ' 
 Witness said that he had an office of about 901. a year under 
 Government. Have you any means of support ? None — - 
 Your father ha3also a place under the Government ? He has. 
 Has he any other means of support? He has. What is it ? 
 His profession as an Attorney. Does he practice ? He does 
 whenever he gets it. ( A laugh. ) Did your father take out a 
 license this year ? I can't say. You have a brother who was 
 examined here yesterday, has he any place ? He has no place. 
 Does he expect one ? I can't form an opinion on the subject. 
 You would not like t© lose your own place? I would not. 
 Don't you hold it at ths will of the Government? I can't 
 answer that question* Don't you think that the Government 
 would turn you out if they disliked you ? I can't say how far 
 they would. Don't you believe it ? I can't answer that ques- 
 tion — I am not sure. Don't you think in your own mind that 
 great deal depends on your swearing this day for your holding 
 your own situation, and for your father holding his ? I can't 
 say. What is your belief? What is the reflection in your, 
 own mind f No answer. 
 
 Witness — Repeat the question — Don't it depend on your 
 swearing this day, whether you and your father will hold your 
 places — that is, whether that is not the belief in your own pure 
 mind? (A laugh.) — It was not under such an impression I 
 came here. Eut can you form any opinion. Upon your oath 
 don't you think that your place would be more secure if your 
 evidence could convict the traversers? It is a thing I can't 
 give you any answer on ; I never thought of it before. Had 
 you any place before this which you now hold ? I had. Were 
 you turned out of it ? I lost it when it was abolished. (A laugh) 
 I was not turned out of it. (A laugh.) But you got no com- 
 pensatioa? (A laugh.) No (A laugh.) You came here to 
 •wear conspiracy against the traversers and others ? I came here 
 to give testimony. Are you not come here to swear that a con- 
 spiracy was formed ? I came here to give testimony. WiU 
 you not answer me ; on your oath are you not come to swear 
 •o ? , I came here to give testimony ; I do not know whether 
 it is a conspiracy i I am not sufficiently learned ia the- law to 
 
26 
 
 know that. But having a place under Government you would 
 not enter into any conspiracy against the Government — a man 
 So pure as you are would not do so ? (A laugh.) Not know- 
 ingly or willingly. I know you would not ; you, a pure man, 
 •would not enter into a conspiracy. (A laugh.) — But would 
 you, having a place under the Government, and a man of such 
 purity, would you associate with conspirators against that Go- 
 vernment ? Not knowingly ; I would not. I know you ixere 
 a good subject. ( A laugh.) Were you not often with Forbes ? 
 I was often in his company. Did you dine with him last 
 Sunday ? Not lately. But you supped with him ? No. Did 
 you with M'Cullagh ? Not with M'Cullagh. You are fencing 
 
 with me did you dine with any -of them ? I mean any of the 
 
 persons included in the charge of conspiracy? Not one of 
 them. Were you drinking with them ? I was. j[ A laugh.) 
 When ? On ia?t Sunday evening. Are you not'on most in- 
 timate habits of friendship with Forbes ? I have been. Surely 
 you that hold places under the Government, would not asso- 
 ciate with Forbes, if you did not think him a loyal man ? I 
 would not. So I think. And so I did. Frora % the intimate 
 knowledge you have of him, would not you convict him of 
 loyalty? I would certainly. (A laugh.) Do you think that 
 there is ^ man on earth more attached to his Sovereign and 
 Government, than Forbes ? I think there is no man. You 
 would tind him guilty of that? (A laugh.) Yes, if it was a 
 crime, (A laugh.) 
 
 Mr Rolleston. Sometimes it appears that it is a crime to 
 be loyal... (loud laughing and clapping of hands in several parts 
 of the Court.) Will you inform me what situation you hold in 
 the Orange Lodge ? I am a Deputy Master of a Lodge — ( A 
 laugh) You are only approaching to the purple. ( A laugh.) 
 I ask you if yon had any rank ; I ask you what rank you hold 
 in the Lodge ? Deputy Master. Is your brother of any 
 rank? He is Secretary. Y r ou and your brother must have con- 
 siderable influence in the Lodge? I can't say we have. (A 
 laugh.) What! You a Deputy Master, and not have influ- 
 ence ? I have not any influence. (A laugh.) 1 am not speak- 
 ing of what you have novo ; but had not you considerable influ- 
 ence ? I can't say I had. Now did they elect you, not having 
 any influence? no answer. 1 suppose they did not know yov 
 at that time as well as they do now? (A laugh.) no answer. 
 You say you have had no influence. On your oath I ask you if 
 you had ? I can't say I had. As you mentioned something 
 about the Shakespeare, I presume that, as the Master of the 
 Lodge, you did not quit it sober? (A laugh.) no answer. 
 Were vou quite sober at the opening of the Lodge. ( A laugh) 
 Jhere'was no Lodge there at all. It was half past 12 o'clock 
 when you w-ejat ; did^you uet communicate to tiiejn something? 
 
M 
 
 I forget. Who went for Handwich? I did. For what pirN 
 pose ? According to the instructions which I received from Mr. 
 Stoker and Mr. Heron, I went to Handwich. Did you com- 
 municate to them what instructions you received? I did. When 
 you came in, was there a Lodge held that night ? 
 
 The Attorney General. What night do you speak of ? 
 
 Mr. Rolleston. Thursday night. 
 
 Witness. I don't think there was a Lodge held that night. 
 But you had some conversation about making the Lord Lieute- 
 nant unpopular ? I joined in the conversation. Did you not 
 lead this conversation? no answer. Don't you know the Mas* 
 ter leads ? (A laugh) I did not ; I joined in the conversation. 
 Mr. Stoker and Mr. Heron were there? Yes. Did you not 
 join in the plot f I did. Did you assent to every syllable of it § 
 I did not then look to the evil tendency of it. What ! You, * 
 loyal man, holding places under Government, did you join in 
 the plot ? I did not think any thing about it. But you tell of 
 others, that it was improper to join the plot ? I did not then; 
 think it improper ; I did not act with proper caution at the time. 
 You did not dissuade any of them ? No, Sir. You did not use? 
 your influence to prevent them from carrying their intentions in- 
 to effect f No, I did not then see the evil of it. Might not 
 Forbes and others conceive it to be perfectly innocent at the* 
 time ? I do, Sir, think, that they might have looked on it ia 
 the same light as I did at that time. 
 
 Mr. Rolleston. That is, in other words, that their mind* 
 were as pure as your own! (A laugh) Can you favor the Jury 
 with any thing you said in the Lodge on the next night f No 
 answer. Forbes did not belong to that Lodge ? No, Sir. Was 
 he not sent for as a visitor ? I believe not. Had you seen Forbes 
 before supper ? I don't recollect f Is not the Lodge always 
 closed before supper ? Always. What did you say when Forbes 
 came in ? No answer. Do you forget ? I do, Sir, Then you 
 can't recollect any thing you said on that night ? (After a pause) 
 No Sir, but if you bring any circumstance to my memory, I 
 can then give you an answer. 
 
 Mr. Rolleston. You stick to the Italian phrase, non mi recordo 
 falaughj Upon your oath did you dissuade any man from go- 
 ing to the Theatre on that night. No, Sir. D-d you not con- 
 cur ? I did. Did you advise them not to go, by telling them 
 it would be improper to go to the Theatre f No Sir. Did you 
 «ay it was improper ? I did not. Who then waS the greatest 
 conspirator ; no answer. Ca laugh ^ If there was a conspirator, 
 who was the greatest conspirator ? I don't know. (a. laugh J 
 Whether was it the master or the scholar ? (a. I&ugh J I was not 
 a master, I was only a deputy master, (a. laugh^ You took the 
 rawneyas treasurer, but like other' great men before you in of- 
 ofice, you kept some of it to yourself ? (a laugh) Did you keep 
 ail? (a laugh) No. But you kept a part? "(a laugh) Iliad 
 
2S 
 
 only £ -i and I paid £$. for tickets. Then you only kept one 
 pound to yourself — very moderate indeed, (a laugh) I wish 
 all treasurers were as honest as yourself? (a laugh J. 
 
 Here the Solicitor General desired the witness to explain the 
 transaction, as £3. was only paid for the purchase of tickets. 
 
 The.witne^s in explanation said — T got 4l. I paid S\. foritic- 
 kets, and I paid one pound to D.ily for spirits for the men. 
 Upon your oath did you not keep some of the money ? I doh't 
 think I dicl^ I cant immediately say but that there might be 
 some trifling balance — fa. laugh ) Answer my question ? I don't 
 know whether there was any remaining in my hands a^te:- I paid 
 Daly for the spirits. You sent them to buy tickets? I gave 
 them money. Did you not give directions- to buy the tickets ? 
 No, Sir, they were capable of knowing what to do — we were 
 speaking of the business. For what purpose did you give the 
 money ? To purchase the tickets. Did you not stand outside of 
 the play-house door till the tickets were bought? I did. Who 
 got the tickets then ? I got ^he tickets, and I handed them over, 
 according to the instructions I had received, to Handwich. You 
 did not at the time endeavour to dissimde Handwich from 
 going f No. Now as far as we have gone, who is the greater 
 conspirator of the two ? I can't say ? Is there not informations 
 against all the persons ? I can't say. Who bought the whistles ? 
 I only bought some of them. Quite innocent indeed! How 
 much money did yon pay for the whistles. I- forget. 
 
 Mr. Rolleston. Another forget -gentlemen, (a laugh) How 
 many whistles did you buy ? Forbes and I bought six or seven 
 whistles. Who were they given to? They were given to the 
 men in Dily's. Did you not desire them to use the whistles ? I 
 begged and requested them not to bring any sticks with them. 
 Del you not desire them to use the whistles ? I did, but I desi- 
 red them not to bring sticks. Had you a whistle ? I had not. 
 Had you any whistle ? I had not. Had you na whistle ? (a 
 pausej W.iat had you ? do you forget — another Non mi recorder 
 (& laugh^ I had nothing particular about me ? What were you 
 doing in tSe Theatre that night ? I can't say. Do you forget 
 what vou were doing in the Theatre ? Another No?i mi recordo. 
 fa. laugh ,1 — seventeen forgets— (a laugh) Look up at the Jury 
 and tell them what you were doing in the Theatre ? I joined 
 them in some part of the proceedings. Had you a rattle ? I 
 had not. Can you whistle on your linger ? fa. laugh ) Come, 
 tell me what part did you take in the proceeding — my dear 
 friend look up — (a laugh) I joined in some part of the noise 
 when they cried out 1'oY the " Boyne Water." How did you 
 join them ? I clapped my hands. You are fond of " the Boyne 
 Water," but you did not join them against the X^ord Lieutenant ? 
 No. Why ? I was rather timorous. ' The recollection of youi^ 
 place made you timorous — you were afraid to lose it ? Some- 
 thing of that came across my mind. At what time did you 
 leave the play-honse. I don't believe I left it till all was" over, 
 
29 
 
 Mr. Rollestone — The play was finished, and the farce was 
 over, but we had another since, and a great part of it is a 
 farce ; you say that you went to another place ; you went to 
 a tavern, that is, you went to a place which we call '• a finish- 
 ing ?" I did. (A laugh.) Come tell me what were you doing 
 there ? Forbes was quite angry that he should be arrested— 
 was he not ? He was. He was flushed — was he not ? He 
 was. He was inveighing against the Lord May Gr? He was. 
 You were quite sober that night? I was pretty sober. I 
 asked you about the state you were in for three nights, and 
 you told me that on the first you were not quite sober — that , 
 on the second, that you were pretty sober, and that you were 
 pretty sober on the third night — now, Sir, tell me were any 
 toasts given — did Forbes give any toast ? He did. What 
 was the first toast ? I forget the first toast. On your oath 
 was it not " the King?" I believe he did give the King- 
 Did he not give it with three times three — that surely was not 
 disloyal. (A laugh.) Did not Forbes drink the King with all 
 his heart and with all his soul ? He did. Did he not give 
 the Duke of York and the Army as the next toast ? I forget. 
 Non mi recordo again; but I will not let you forget ; on your 
 oath do you forget? I do. Did he not give '* the Glorious, 
 Pious, and Immortal Memory," with three times three ? He 
 did. Did any man ever give it with more animation ? He 
 did. Did he not give it with rapture ? He did. Did he not 
 give the Glorious Constitution under which we live ? II » 
 gave the Protestant Ascendancy. Did he not give the Glori- 
 ous Constitution in Church and Stete ? He did. How long 
 did "he stay there ? (After a pause) — we must have waited 
 some time, for we supped. Did he not say that no true 
 Orangeman could be so wicked as to throw that bottle ? I 
 think he said something to that effect. 
 
 Cross-examined by Mr. Scriven for Mr. Brovctilotc. 
 How long are you an Orangeman? From 1818. You are 
 well acquainted with their principles and declarations ? I am. 
 Is it one of their principles to support, tojthe utmost of their* 
 power, the King and his Majesty's Government? It is to that 
 effect. Is it not a part to support the Constitution and the laws 
 of the Country ? Yes. Is it not also a part to maintain the 
 succession to the throne to his Majesty's illustrious house ? 
 Being Protestants it is. Is it not also a part, to defend person 
 and property against fraud, violence, and ^injustice, and to 
 maintain the peace of the Country ? It is. Is fit not a part 
 to be always ready to assisrthe civil and military power in the 
 just and legitimate discharge of their duties? It is. And to 
 support the honor of King William of glorious memory ? 
 It is. And to support the true religion 'of the Country as es- 
 tablished in these realms ? It is. Are not these your princi* 
 
 11 
 
3® 
 
 pies f Yes, Sir. Do you not take an oath to be faithful to 
 the King, and to bear true allegiance to him to the utmost of 
 your power? Yes You took that oath? I did. All the 
 persons implicated here this day have taken the same oath ? 
 I suppose they did ; I saw some of them take it. What place 
 did you hold? 1 held several. Did you take the oath of al- 
 legiance in any one of them ? In the last I did. Your bro- 
 ther was at the meeting on Saturday f Yes. You did not 
 hear any agreement for a watch-word ? I did not. You were 
 as bound as others ? I was. Did you know any thing about 
 your brother's scruples ? Not until a few days ago. Did he 
 communicate to you his scruples ? Not at the time. Y r ou say 
 you thought it innocent to do all the acts which you men- 
 tioned ? I beg pardon ; I said that I did not look into the 
 fcvil tendency of it then. Was not your brother of the same 
 way of thinking ? I had no reason to suppose the contrary. 
 Do you know the public Paper called The Warder? I do. 
 Do you ever read it ? Sometimes. You read jtonce a week f 
 No always; sometimes I read it. 
 
 Cross-examined by Mr. Speer, on bfhalf of Henry Hahdwick, 
 Did you see any person in the gallery you knew ? I saw 
 Henry Handwich. 
 
 Here Mr. Scriven, handing a newspaper to the witnes?, 
 asked him whether he had ever seen the passage which wa3 
 marked in it ? The witness said he had read it. The paper, 
 after having been marked by one of the officers of the Court, 
 was handed to the Jury. 
 
 Cross-examination resumed by Mr. Speer. 
 Where in the gallery was Henry Handwich ? I think he 
 was sitting in the centre ; but I am not sure whether he was 
 fitting in the centre, or on one side. Did you see any thing 
 with him ? I saw nothing but a stick ? Will you venture to 
 swear that he had even a stick f I do. Did he do any thing 
 offensive to the Lord Lieutenant ? I saw him do nothing 
 "offensive to the Lord Lieutenant. Nothing ? Nothing. 
 Cross-examined by Mr. North. 
 Was it a part of your agreement to assault or offer per- 
 sonal violence to the Lord Lieutenant? None at all. Did 
 you not advise the persons not to bring sticks f I did. Did 
 you not give the advice lest violence should take place ? I was 
 not afraid of violence being offered to the Lord Lieutenant ; 
 but lest there should be a row in the upper gallery. Woultf 
 you swear that it was the intention of any of the persons, to 
 offer persqnal violence to the I^ord Lieutenant f I would 
 almost swear the contrary. 
 
 Question by a Juror. — You said a bottle was taken to the 
 Theatre ? No ; I said that the bottle was taken out of the 
 room from the house. You can't swear it was taken to th@ 
 Theatre f I cannot. 
 
 
* 
 
 9 1 
 
 The Solicitor- General here requested io know what the 
 witness had said; and on referring to the evidence, it ap- 
 peared tl. at be had said, that the bottle had been taken from 
 t he house, but not that it had been taken to the Theatre. 
 
 Mr. John Lambert xvas sveorn. — Examined by Mr. Serjeant 
 
 Lefroy. 
 
 Witness said that he was in the pit of the Play-house on the 
 night the Lord Lieutenant was insulted ; he was there before 
 the Lord Lieutenant entered the Theatre ; he observed pla- 
 cards, or little handbills, about the house, but he did not get 
 one of them ; he saw a person handing the handbills about ; 
 would know the person again. 
 
 Here the witness identified William Graham, after having 
 first desired Graham to take off a pair of temple spectacles ; 
 he saw William Graham also busily engaged in hissing and 
 groaning ; Win. Graham began first to hiss and groan on the 
 entrance of the Lord Lieutenant'into the Theatre; William 
 Graham also repeated the same things during the night; he 
 was doing so during the first two or three acts of the play; 
 witness saw Graham communicating with a number of per- 
 sons who were employed in the same WM% in hissing and 
 groaning ; witness also saw them communicating with Graham ; 
 witness did not see any other person in the pit except Graham, 
 distributing the hand-bills ; witness heard a great noise in the 
 Theatre on that night by the hissing and clapping; he also 
 heard the words, " look out boys" often shouted from the 
 gallery ; the Lord Lieutenant was hissed and groaned ; witness 
 heard them crying out, " a groan for Wellesley ;" witness 
 also heard whistling in the gallery; witness said that the hand- 
 bills which were distributed were printed hand-bills. 
 
 In answer to Mr. North, who cross-examined the witness, 
 he said that he lived in Chamber-street, and that he had not 
 the honor to be an Orangeman ; that he was a Catholic by 
 religion ; witness was in the house about half an hour before 
 the Lord Lieutenant entered; he sat on the fourth, or fifth, 
 or sixth seat from the stage ; William Graham was standing 
 before witness, but witness cannot say whether he was one, 
 two, or three seats distant ; he saw hand-bills dropped from 
 the lattices, but it was after Graham had distributed hand- 
 bills ; after the hand-bills dropped from the lattices, the 
 people in the pit picked them up, but witness did not get 
 one, as every person was so eager to get them ; witness saw 
 Graham bring some in his hand into the pit and distribute 
 them ; on his oath, he saw hand-bills in the pit before the 
 hand-bills dropped from the lattices ; he could not describe 
 any of the hand-bills because he did not get one. Witness 
 swore, in answer to a question from Mr. North, that he saw 
 Graham distribute 4 one, two, or three hand- bills, before tks 
 
52 
 
 hand-bills dropped from the lattices ; never saw Graham be- 
 fore that night ; nobody ever told witness that Graham is an 
 Orangeman, but he believes him to be one ; witness clapped 
 when the Lord Lieutenant entered the house ; William Gra- 
 ham did not join in the cheers when the Lord Lieutenant 
 entered the house ; the Lord Mayor came in before the Lord 
 Lieutenant. Witness, in answer to a question from Mr. 
 North, who asked whether he would swear that when Gra- 
 ham bissed, he was not hissing the Lord Mayor, but the 
 Lord Lieutenant ; said that Graham hissed the Lord Mayor 
 before the Lord Lieutenant entered the house ; witness saw 
 Graham until the third act ; witness did not disclose the in- 
 formation until he was sent for by Major Sirr ; he thinks that 
 the information had been conveyed to Major Sirr by witness*! 
 tailor, a Mr. Lane. 
 
 Here Mr. North said, your tailor then stitched up the story 
 for you. {A laugh.) j 
 
 Witness did not tell Lane that it was Graham, because he 
 did not know the name then; he gave a description of the 
 man who was taken up, in consequence of the description of 
 the man who was taken up, inl consequence df the descrip- 
 tion ; Graham wore no spectacles in the Theatre. Q. Had 
 you a stick in your hand ? No sir. Q, Then you left it at 
 home ? No, Sir ; I never carry one* 
 
 Question by a Juror— Might not the hand-bills have fallen 
 in another part of the house ? I saw them in the hands of 
 Graham when he came Into the house. 
 
 Question by the Court. — How soon did you describe 
 Graham in the Police Omce ? On the Monday- week fol- 
 lowing. 
 
 Mr. John Rooney^ sworn. 
 
 Witness carries on the brewing business ; was in the Theatre 
 the night of the I4?th of last December, in the lower gallery ; 
 was in the front row of the gallery, on the right hand side ; he 
 had an opportunity of seeing the upper gallery ; witness obser- 
 ved in the upper gallery a groupe of persons rushing into the 
 gallery and shouting; he saw creeks, or watchmen's rattles, 
 in the hands of some of those persons ; he saw persons use 
 those, but he does not know their names ; he saw a knot of 
 persons behind him in the gallery, and some of them had sticks 
 under their coats; the sticks were short, and heavy in the 
 bead; all the sticks were alike: he saw one or two sticks of 
 the same kind in the upper gallery ; after he entered the house 
 there were groans for the Lord Mayor — groans for the house 
 pf Wedesley, from the upper gallery ; there was a clap for 
 Sheriff Thorpe, and a clap for the calf's head — (a laugh ) 
 Q. What do you mean by the calfs head. 
 
 Counsel for the Travel sers objected to the question, whiffy 
 was over-ruled 
 
35 
 
 Witness saw hand bills thrown ; there was one thrown dow* 
 -on the side of the Lord Lieutenant's box ; when the Lord 
 Lieutenant entered the Theatre, there wasapirtial groan and 
 a general clap ; Sir Stewart Bruce took up the bill that fell 
 isto the Lord Lieutenant's box ; witness did not interfere in 
 an}' manner until there was a groan for the house of Wellesley ; 
 witness then stood up and cried " shame, shame," some persona 
 behind witness then cried out to others to knock witness 
 down ; he observed something flash across his eyes, and ic 
 struck the drop curtain on the stage, two or three feet from 
 the Lord Lieutenant's box. It made a sort of dingt in the 
 curtain, and having raised up part of the curtain, it fell and 
 rolled towards the Jigbts ; he thought it was a bottle, before 
 the musician took it up ; witness was looking towards the Lord 
 Lieutenant's box when it flashed before bis eyes, in its passage 
 through the space between him and the lights on the stage - T 
 he saw it was a bottie when the musician took it up. 
 Cross-examined by Mr. DriscolL 
 
 Did you not say that you saw the object just glance before 
 your eyes? Just glance — no, Sir. What! will you say 
 that you do notssiy so? I think I did not say so, but as you 
 say it, I suppose I did. Did you say so ? I suppose I did. 
 Will you swear it it true ? 
 
 The Chief Justice — The witness did not say just glanced 
 across his eyes — the witness explained, that while he was 
 looking towards the Lord Lieutenant's box, the object caught 
 his eye as it passed towards the lights. 
 
 Question by Mr. Driscoll — How did you continue to see the 
 short sticks when you told us a while ago that the sticks were 
 under their coats?. When the Gentlemen they called Mr. 
 Johnston was coming up to the gallery, they were pulling out 
 the sticks before he came up. 
 
 The Attorney General, looking at Mr. Driscoll — Do you 
 hear that ? ' 
 
 Mr. Driscoll— ~I am quite satisfied with the answer. 
 
 What is your business? The brewing business. Are yo* 
 »ot convinced that when tradesmen turn out for particular wa- 
 ges, persons who will not join them in the combination are beat 
 for not joining them, and are not men obliged to carry serious 
 weapons for their own protection ? I believe so. 
 
 When cross-examined by Mr. Perrin, the witness said that it 
 was not unusual to see a rush into all parts of the house, or to 
 hear shouting or hissing. There was a great deai cf groaning 
 and hissing for the Lord Mayor; the Lord Lieutenant was well 
 received, with the exception of two or three parts of the house : 
 the noise was particularly violent at the latter part of" the play ; 
 the Lord Lieutenant bowed to the Lord Mayor, and expressed 
 his disapprobation of the hissing, and then "there was a £ioa* 
 
S4 
 
 for tie house of \Veiie^ey ; some person called him <e a bald- 
 pated old rascal;" the lights were up at the time, because 
 the witness saw the musician put his hand over them to take up 
 the bottle ; the bottle struck the scene about half-way between 
 the leader of the Band and the Lord lieutenant's box, about 
 two or three feet from the Lord Lieutenant' s box. 
 Mr. Charles O'Flakeiiy sworn — Examined by Mr, J. Scaly 
 Town send. 
 
 Witness was in the Theatre on the 14th December last, Mr' 
 Burnside accompanied him there; sat in the lattices opposite to 
 his Excellency the Lord Lieutenant; he heard great noises 
 issuing from the gallery, but he could not distinguish the fea- 
 tures of the persons : he heard words and groans _; he heard 
 the words -f lookout" — ''lookout," or words similar ; the words 
 appeared to witness as a signal ; (an objection was made to this 
 answer, as not evidence;) the words were said more than once, 
 but witness did not perceive any effect from them ; there were 
 various hisses end groans for the Lord Lieutenant during the 
 night ; he saw a bottle thrown ; he saw it when it struck the 
 curtain, Mr. Barton held it up ; it struck the curtain, about three 
 or four feet from the stage, and about two thirds from the cen- 
 tre to the side where his Excellency sat ; it rolled from the cur- 
 tain towards Mr. Barton, who stopped the music and held it up ; 
 it was what is usually called a quart bottle ; when it was thrown 
 the orchestra were playing " God save the King ;" witness ob- 
 served papers flying about ; he observed them first coming from 
 t \e upper gallery, and next coming from the lattices over his 
 own head — (Here witness identified some of those papers.)— 
 When the bottle was held up there was a general expression of 
 indignation ; some cried " shame, shame ;" witness could not 
 say what was the object for which the bottle was thrown. 
 
 Cross-examined by Mr..Scriven. 
 
 In answer to a question, witness said that he believed there 
 was a heavy weight at the bottom of the scene, and that there 
 was a heavy stick or beam — a roller — as that was the case, the 
 only possibility of the end of the curtain being lifted up by the 
 bottlewhichstruck.it, depended on the force with which the 
 bottle might have been thrown ; he did not think it would— 
 but it depended on circumstances ; he was quite sure the bottle 
 would indent the curtain ; witness said he did not notice the 
 Lord Lieutenant bowing to the Lord Mavor when he came in; 
 had no recollection that the Lord Lieutenant cheered the Lord 
 Mayor. 
 
 In answer to the Chief Justice, Mr. O'Flaherty said that he 
 never saw the drop scene nearer than from the boxes ; has been 
 on the stage in the clay time, but not when 4\e Drop Curtain,. 
 few been down> . . 
 
Question by Mr. Justice Jebb. — Was it before the play or af- 
 ter it, the bottle was thrown ? Previous to the commencement 
 of the farce, while the ^orchestra was playing " God save the 
 
 King." 
 
 Gilts O'Brien sworn — zxamined by Mr. Green, 
 Witness was in the Theatre the night of the 14th December 
 last, in the upper gallery, on the left side ; witness observed 
 sticks and hissing in the gallery, the hissing was fo:- the Lord 
 Lieutenant & the Lord Mayor ; between the play and the farce 
 he heard some cry out for " the Protestant Boys" and " the 
 Boyne Water," and he heard some call the Lord Mayor ') a bloo- 
 dy Papist;" he believed some called the Lord Lieutenant " a 
 bloody Papist ;" the witness was desired not to say so unless he 
 was sure ; he said he was quite sure that they called the Lord 
 Lieutenant " a bloody Papist:" he heard some say, "look out, 
 look out," and answer " we are here;" he observed one person 
 in particular whom he would know, with a short stick; there, 
 were several with short sticks about half- a-yard long: could not 
 identify any of the Traversers ; witness saw one man in the act 
 of throwing, and be saw a thing passing down by the side of the 
 lattices ; he did not see what it struck ; it was between the 
 play and farce when in was thrown. 
 
 John Eastham sworn— examined by the Attorney-General. 
 Witness was at the Theatre on the night of the 1 1th De- 
 cember, when the Lord Lieutenant was in it ; witness was in 
 the upper gallery, the right-hand side ; witness saw a person 
 striking With a stick on the front of the gallery, and calling 
 out "no Popish Lord Lieutenant"— " no Popish Governor.* 
 The person who cried out so, was, apparently, a tall man ; 
 he was sitting. Witness identified Henry Handwich, and 
 saidlie never ""saw him before or since the night he was at the 
 Iheatre ; witness has no doubt of his person ; witness did not 
 know the man who was sitting next in the Court to Mr. Farren. 
 (That man was Matthew Handwich.) Witness said there 
 was a great deal of noise ; but no part of it was made by 
 witness*; Henry Handwich joined in the groans, and he seemed 
 to be the most conspicuous. To the- best of witness's opinion, 
 there must have • en one hundred persons engaged m the 
 disturbances, and belonging to that party; they had large 
 sticks, with knobs on them ; the length of witness's arm, with 
 knotb on them as big as witness's list ; witness was alarmed, 
 and expressed a tfish to a friend to get out of the house; but as 
 lie had no means of getting out, he proposed to get into the 
 iriddle gallery ; there were persons beating behind him, but 
 lie did not see them ; they were among the party ; they had a 
 Word among themselves— « bok out"-" look out, which 
 thoy used frcqud ltly ; witness knew a person who was among 
 the p.trty ; but that person was not in Court. 
 
 F 
 
36 
 
 Cross-examined by Mr. Arthur Hamilton. 
 
 Witness was in the Theatre before the Lord Lieutenant 
 arrived ; he sat in the second row ; he was there early, and 
 endeavoured to get forward ; there was groaning and clapping 
 of hands ; the groaning expressed disapprobation ; they who 
 approved, clapped and made a noise.. When the Lord Lieu- 
 tenant came in, he was generally cheered ; it was not at that 
 time that the witness observed Handwich hitting with a stick ; 
 witness did not join in the noise ; witness did not join in the 
 cheering of the Lord Lieutenant ; he did not, on any occasion ; 
 he did not for the Lord Mayor ; he did not for the whole 
 night ; nor hissed any body ; nor take any part whatsoever; 
 he did not clap during the whole night. Q. Did not you clap 
 when the Lord Lieutenant was clapped ?• I did, when he 
 came in, Q, Were you examined before the Grand Jury ? 
 I was. 
 Christopher Moran sworn. — Examined by the Solicitor-General. 
 
 Witness remembers the night the Lord Lieutenant went to 
 the Theatre ; witness was there in the upper gallery ; wit- 
 ness's attention was directed to a number of persons with 
 sticks, who were hissing and groaning the Lord Lieutenant ; 
 those persons were in the left hand side of the gallery ; there 
 was a large party together, but witness cannot say the number 
 of them-; he observed some persons in particular. [Here the 
 witness identified the two Handwiches ;] he saw Matthew 
 Handwich striking with a stick, and interrupting the perform- 
 ance ; he heard Matthew Handwich propose to groan the 
 Lord Lieutenant ; he heard them cry out " a groan for Popish 
 Welleiley, ' and " no Popish Governor ;" it was Matthew 
 Handwich who cried that ; he saw no weapons but sticks with 
 them ; he saw one person with a rattle ringing it ; he doeTnot 
 think he would know that person again ; he saw no stick with 
 Henry Handwich, but with Matthew Handwich : he saw 
 other sticks there ; there were persons beat that night ; he 
 saw Henry Hand vich behind him, in a party who had a man 
 down, and they were waiting till he would rise in order to beat 
 him : he observed a fight in the left corner, but he can't tell 
 who they were who were fighting.. % 
 
 Cross-examined by Mr. D?-iscolL 
 
 What are you ? A painter. Oh L I perceive so — you saw 
 no bottle thrown? No* You were observing the two men 
 shouting ? There were other men shouting, but I observed 
 those two men, in particular, shouting ; witness was with 
 those two persons at the door, and went up to the gallery 
 with them ; but witness stopt to buy a ticket in the passage ; 
 they went up without buying any ; witness did not see tickets 
 with them ; witness was with those two persons at the door; 
 they were particular persons in their appearance, and witness 
 
57 
 
 observed them ; witness sat in the centre of the gallery, but 
 the two persons, the Handwicbes, were about midway be- 
 tween the left hand wall and the centre ; the first time the 
 witness saw the bottle was when it was in the fist of the musi- 
 cian : witness saw a stick in the hand of Matthew ; but he 
 does not know whether Henry had a stick or not. A dusky 
 light reaches that gallery ? It is a very good light. Is it not 
 rather dusky in comparason to the rest of the house ? It is, 
 Suppose that you were in the part of the lattices, as a Gen- 
 tleman like you ought to be, ought not you to be able to distin- 
 guish a person by the light? What light ? Will you swear 
 there is no light at the lattices ? I do not know whether there 
 is or not. Were you jjoften in the Theatre ? I can't swear 
 whether there are any lights near the lattices. You won't 
 swear that there are lights near the lattices ? I could not 
 swear. Is this the first time you have been examined on the 
 subject ? I was examined at the police-office ; I was exami- 
 ned by Mr. Gabbed, and by the Grand Jury. Now, by the 
 virtue of your oath, when I asked you whether you had been. 
 examined before, did you think I meant the Grand Jury ? 
 I was before the Grand Jury for two or three minutes ; they 
 a^ked me did I see the man throw the bottle? I said no. 
 They asked did I see the man throw the stick ? I said no — 
 I was going to explain what I did see, but they told me that 
 was enough, and showed me out. 
 
 (A strong sensation was manifested in every part of the 
 Court at the declaration thus made by the witness.) 
 Cross-examined by Mr. Speer. 
 
 Have you oeen in the upper ( gallery before that night ? Yes. 
 When the Lord Lieutenant is expected to go to the Theatre, 
 is not the house generally crowded ? Yes. Was it a full house 
 when you were there? Yes. It is not an unusual thing to see 
 
 a boxing, or a fighting match in the upper gallery ? No 
 
 You say you saw Henry Handwich, and that he was enga^c-d in 
 a boxing match with some person ; did not that person know 
 him ? I don't know. You said that he had no stick in his 
 band ? I said I would not swear that he had a stick. Did you 
 ever see a stick in the upper gallery before ? I don't think 
 I ever did. 
 
 Mr. Michael Farre.l, sveorn. 
 
 Were you in the Theatre on the night the Lord Litutenant 
 was there ? I was. Look at that part of the Court and tell 
 me whether you know the name of any person there who was at 
 the Theatre on that night ? I saw Henry Handwich there. In 
 what part of the house? In the upper gallery. How near 
 were you to him. At different parts of the evening, I was 
 sometimes nearer to him than at others ; he moved about. — 
 you ? No, but at one time there was a disturbance, and 
 
ss 
 
 I moved. How distant were you from him? There were 
 about two between us ; in point of fact there was but one> but 
 there might be two between us. Did you observe Handwich 
 doing any tiling ? I did What was it ? After the hst act of 
 the comedy was over — after the Play was over, there was a 
 noise in the house ; I saw Handwich take a bottle and throw it 
 from him. Was there any noise then ? There was hooting 
 and noise. What kind of noise ? There was a groan for 
 Wellesley, but I did not mind it much. How far was Hand* 
 wich distant then from you ? He was distant as far as that 
 Gentleman is. (Here the witness pointed to a Gentleman who 
 was distant about a yard from the witness. — How did he throw 
 the bottle ? He flung it in a half round, with a sweep, under 
 his arm ; I don't know whether I am correct in the expression 
 I use; he flung it this way.— (Here the witness showed the 
 manner by moving his arm.) — Could you judge at what part of 
 the house it would get? As far as I can judge it would go to 
 the left hand part of the house. Did you see any thing of it 
 afterwards ? I did ; they were standing in the seat before me 
 and it was only now and then that I could perceive the stage ; 
 after the bottle was thrown, I saw it held up by one of the 
 musicians. Had Handwich any company with him? There 
 was a numberof persons together with him. Did you observe any 
 thing they were doing ? They were nois)', with sticks in their 
 hanus. What kind of sticks ? White sticks, with large lumps at 
 the end and about half a yard long. What did you seeHandwich 
 doing when he was among those persons ? He was in conver- 
 sation with them. What was their conduct 9 It was riotous. 
 They were calling names, but I did not take any particular 
 notice of them. What were the names $ A hoot for Wellesley & 
 Eastern Tyrants. Did you take any notice of Handwich then ? 
 I did not take any particular notice except that he was rioting 
 with others. How soon was Handwich arrested that night ? 
 Just as the curtain drew up, just as the afterpiece began. Did he 
 move from the place where he threw the bottle, in the inter- 
 mediate time ? He did not. Did you lose sight of him f 
 Never. (This answer of the witness was pronounced with 
 great solemnity.) I never did. When they came to arrest 
 him was there not some confusion ? There was. How did it 
 happen that you never lost sight of him ? Because I was 
 determined never to lose sight of him till I should have him in 
 custody ; I followed him down the street, and went with him 
 into the police-office and staid there till I [was put out, when I ; 
 told them that I knew something of the matter. What hour 
 was it then ? It w T as about half past eleven when I was put out 
 of the police-office. How did that take place? I followed 
 him into the board-room, and I told the officer " I know more 
 of this than you are aware of," and he then turned me out.— • 
 
Did you ever know Handwich before? I never saw Hind- 
 v. jch before ; I was born in this Country, but I lived in London 
 from the age of two or three years old. What is your 
 business? A working Jeweller. 
 
 Cross-examined by Mr. Blackburn. 
 Have you any interest in this trial ? Xone in the least. 
 You made two attempts to give your informations — tell me 
 when they were — the first, I believe, was on Saturday night — 
 was it not? It was. And the second was on Sunday — was 
 it not? It was. Did you go anytime else to give informa- 
 tions? I went to the Castie. Oh, then, instead of twice, 
 you attempted to give informations three times ; is that the 
 case? 
 
 Here the Courr interfered, and said, that the witness did not 
 understand Mr. Blackburne, in consequence of Mr. Blackburne 
 having used the word " information' in a technical sense, and 
 the witness having understood it in its colloquial acceptation. 
 Mr. Farrell was desired to explain what he understood 
 by the word information ; and when Mr. Farrell told what he 
 understood by the word, it appeared that the court was right 
 in its opinion. 
 
 Mr. Blackburne asked the witness whether he had been exa- 
 mined before the Grand Jury ? witness said that he had ; wit- 
 ness was then asked whether he disclosed to any person the ex- 
 amination which had taken place before the Grand Jury — He 
 said that he told what had been asked to several persons — to a 
 Mr. Hill, and to a Mr. Gordon, and to several others. He was 
 then asked, whether he knew how it happened that an account 
 of several parts of his examination before the Grand Jury ap- 
 peared in the Courier Newspaper, of the 4th of January last ; 
 witness said that he believed Mr. Gordon sent to the Courier 
 Newspaper that account, as he had asked witness to state the 
 particulars, and that witness did so in a desultory manner, im- 
 mediately after his return from the Grand Jury Room. So you 
 went to him to get the particulars inserted in the Courier ? I 
 did not — he came to me. How did you get acquainted with 
 him ? I had the pleasure of knowing him several years ago in 
 London. But you gave it to a Reporter ? I did not — he was 
 then the Editor of the Correspondent Newspaper. 
 
 Mr. Blackburne read a part of the account which appeared 
 in the Courier^ and asked the witness if it was true, as the 
 statement in the Courier declared that he had said before the 
 Grand Jury that Flandwich had flung the bottle with an exten- 
 ded arm. The witness said that the account was so far true, and 
 he described the manner in which it was thrown by extending 
 his arm. 
 
 Mr. Blackburne. And do you call that an extended arm ? 
 Witness. I do. 
 The Attorney General. And what else would you call it? 
 
40 
 
 Cross examined by Mr. Scriven, for Henry Handmch and 
 JVm. Brotvnlutv. 
 
 Q. What Magistrate did you see when you went to the police- 
 office ? There was none. Did you see no officer?' I did, and I 
 told him that I knew more of it than he knew before he turned 
 me out? Djyou swear he tamed you out? He did not deny it 
 himself. Upon your oath, after you came out did you say 
 that you had been sworn, and that you bad done his business 
 for him? Never, (with great emphasis) Did you say so on 
 Sunday morning ? So. Did you say on Sunday morning any 
 thing of what had passed, to anybody ? I did not. Did you 
 .say that you were glad to be revenged of the Orangemen ? I 
 never did, ( with a solemn emphasis.) Did you say that you 
 would be revenged, or any word, or words to that effect? Ne- 
 ver, {with a solemn emphasis. ) I did net, (with emphasis). 
 Did jbvl walk through the crowd, and say any thing ? I saw- 
 no crowd ; I saw only two men that I took notice of. You said 
 nothing when you were near the two men : do you swear thai? I 
 swear that. I said nothing derogatory to the character of Orange- 
 men. Where did you go then after leaving the police-office ? I 
 went to Mrs. Booth's, in Exchequer-street. T© Exchequer- 
 street ? No, I have made a mistake ; I went to Mr. Hill's, Mrs. 
 Booth's son-in-law, in the North-strand. When did you go 
 home? I did not go home until after I went to the North-strand. 
 ■ — Did you say that you were glaa that you had sworn against 
 Handwich; I ask you, Sir, on the oath you have taken ? I ne- 
 ver said so • (with great solemnity ) — never (with great empha- 
 sis) from the time I left the office up to this moment. Who 
 was with you when you left the police-office, and where did 
 you o;o ? From the office I went with Mr. Hill to his house in 
 the North- strand? Did you say any thing on thesubject to him? 
 He had heard what had passed, and I only said to him that it 
 was onlv a duty which J owed to the public to come forward. 
 You swore that you did' not say that you would be revenged of 
 the bloody Orangeman or Orangemen ; or utter any word to that 
 e jfect? I swore I did not say so. ■ Was there any other person 
 with you ? Nobody but Mr. Hill. Did you not say something 
 to Mr. Hill derogatory to the Orangemen ? I did not. Did 
 you stop at any place ? We made no stand. 
 
 Cross-examined by Mr. Driscoll. 
 
 Did you ever preach to any religious congregation. (A 
 laugh.) Never. 
 
 Tie hief Justice asked what was that, as he could not hear 
 the answer, on account of the laughing in the Court. The 
 answer was repeated, and his Lordship noted it down. 
 Cross-examined by Mr. borth. 
 
 Yru were examined before the Grand Jury, and you gave 
 an account of it to Mr. Gordon j am I to understand from 
 
it 
 
 you, that as far as you entered into that account it was cor- 
 rect ; I mean as Tar as you entered into the account which 
 yuu gave to Mr. Gordon ? I told him as near as I could the 
 particulars at the time he was with me. I rake it for granted, 
 that you told the truth to the Grand Jury, and that i:i this, 
 account which you gave to Mr. Gordon, as a representation 
 of what had occurred in the Grand Jury-room ; you were as 
 particular as you were in the Grand Jury-room f I was not 
 so particular to Mr. Gordon as I would be before the Grand 
 Jury. As that was only a short time after, and your recoiSec- 
 tion must have been as good then as before? I told nothing 
 but the truth ; I recollect the facts now as well as A then. 
 Did you in representing those facts to Mr. Gordon, tell him 
 that it was on the left side, as stated in the Courier newspa- 
 per ? Whatever I said to Mr. Gordon, which was but very 
 short, and in a hurried meaner, I told him the truth. Did 
 that statement about V the left side," enter into your repre- 
 sentation of the fact ? I have no recollection now, of what 
 I told Mr. Gordon then but I told him in a hayfy manner 
 nothing but what was true. Did Mr. Gordon ask you any 
 question of what you had seen in the Theatre? He did not. 
 So then he had not the curiosity of asking you any question 
 on the subject ? He asked me what I had been asked in the 
 Grand Jury-room, and I gave him a short account of it. 
 Would not a man of your size strike the dip of the gallery if 
 you stood up ? I can't well say how high the dip is. Is it 
 six feet — is it five feel ? I don't exactly know, but I believe it 
 is about the height of a man standing. If that is the fact, 
 how could he have thrown a bottle ? Very easily, for in the 
 way in which the bottle was thrown, he could not touch the 
 dip. If he threw a bottle in a slanting manner, would he not 
 hit the cornice — it he threw it perpendicularly over his head, 
 would he not have struck the dip, and if he threw it with a 
 jerk, underneath, must he not have hit the seat ? He took 
 the botile, and he sent it neither up nor under, but in this 
 manner — ( 4ere the witness, by a motion of his arm, showtd 
 the manner in which the bottle was flung.) 
 
 Re-examined by Mr. Le/roy. 
 
 There were no persons crowded towards the centre at the 
 time ; is that the fact V There were more persons in the centre 
 than in the other pares of the house; where Hundwich stood 
 when he threw the bottle, was less in the observation of the 
 hou>-e than in the centre. 
 
 Mr. Philip P. Ryan, svoorn — examined by Mr. Serjeant 
 Torrens. 
 
 Witness was in the Theatre the night of the outrage ; witness 
 identified George Graham ; when Graham was made a prisoner, 
 fee gave his nanae as George Graham j Graham was sitting in, 
 
4? 
 
 the front seat in the upper gallery ; witness took notice of hirn 
 from the noise he made many times with a rattle which he had 
 in his hand during the play ; at the conclusion of the play he 
 made noise; witness did not hear him after; witness saw Gra- 
 ham striking with both the pieces of the wood ; witness saw 
 Graham raise his hand, some time about the singing of the 
 glee, when the Lord Lieutenant was groaned and hissed; he 
 stoA up, looked into the middle gallery, and then he threw 
 the piece ?of the rattle he had in his hand, in the direction 
 •where the Lord Lieutenant was sitting; it appeared to witness 
 to strike the edge of the seat of the box in which the Lord 
 Lieutenant was sitting ; witness was in the middle gallery, and 
 Graham was in the front seat of the upper gallery ; he could 
 see Graham distinctly ; he heard words uttered ; to the best 
 of his recollection, such as " Xo Popish Governor." — u A 
 groan for Wellesley ;" he recollects other expressions ; some 
 were drinking liquor, and gave " The Glorious, Pious, and 
 Immortal Memory;" " The Boyne Water;'* " The Protestant 
 Ascendancy;" some cried out these words, "this night, boys, 
 the gallery is our own ;" witness saw some persons in the up- 
 per gallery with large white sticks ; witness was examined be- 
 fore the Grand Jury in Green-street, and gave the same testi- 
 mony, or what was tantamount to it. 
 
 Cross-examined by Mt . Hamilton, 
 Witness was in the fourth or fifth seat of the middle gallery ; 
 lie gave his informations at the police-office, on the following 
 morning ; he spoke then with equal certainty, and in distinct 
 terms ; he said that he recognized the man in the watch-house ; 
 before witness saw the prisoner he gave a description of the 
 prisoner to a man who appeared to be a constable in the watch- 
 house ; he asked in the watch-house if there was a prisoner 
 there with a sallow complexion, and a dark-coloured, or 
 dark -mixture coat ; witness said it was a large outside coat, 
 but cannot recollect ; witness is in the Excise department, 
 and stationed in the County Galway ; he is a Preventive 
 Officer of Excise; some persons in similar situations have a 
 wetk'y a'lowance to their commissions, bat witness has none ; 
 witness is not looking for promotion, but has leome to town for 
 some reward that is due to him ; he got part of it, and has an 
 expectation of getting the ballance ; the reason why he did 
 not get all, was this — there is a regulation in the board, that 
 no person in the situation which witness holds, shall act with- 
 out the presence of the local officer ; and as witness made a 
 seizure without the presence of the local officer, he was not 
 entitled to the reward. The case was referred to the Inspec- 
 tor General, and witness was told that the report of the In- 
 spector-General was, that it- should be better- if witness had 
 acted with the local officer. It was afterwards referred to 
 Mr. Swift, but Mr, Swift has cot as yet reported on the ease. 
 
43 
 
 The sum of money then which you are looking for, hfcs not 
 been granted ? No, not as yet, but I expect it, as I zealously 
 performed my duty. 
 
 The Chief Justices — Unless you can bring it to a point, it 
 seems to me that as far as the witness has gone as yet, that he 
 has explained the transaction most satisfactorily. 
 
 Upon the claim were you examined upon oath ? There 
 was no occasion. That is no answer. I was sworn; 1 am 
 looking for the remainder *>f the reward, if it meets the ap- 
 probation of the Board. 
 
 Dr. Bernard M'Namara stvorti* 
 
 Q. What profession are you ? Doctor of Physic. Witness 
 lives at Balliuakill, in the Queen's County ; witness was in 
 town the night the Lord Lieutenant went to the Theatre ; 
 witness was in the middle gallery ; recollects a good deal of 
 the disturbances in the house on that night* The persons ia 
 upper gallery uttered several offensive, gross, and scurrilous 
 expressions against the Lord Mayor— they called him " the 
 Knave of Clubs." (A laugh.) " No Popish guards in Col- 
 lege-green." (A laugh.) They afterwards uttered other 
 words, such as-, a clap for Lord Talbot, a clap for Lord 
 J> Neil, and a clap for Alderman Darley. They cried out no 
 Popish Governor; witness observed something about a bottles 
 he heard a boy's voice calling out " boy's mind your fire ;'* 
 witness got alarmed and stood up; witness looked to the 
 upper gallery, at the extremity of which the witness saw a 
 man wind his arm, out-top the persons in the front seat, 
 and fling something from him ; witness watched it in its 
 transit ; when it passed the orchestra, some persons in the 
 front seats started up ; when they stood up they intercepted 
 the view, and' witness lost sight of it. There was then a cry 
 of down in the front; when the person sat down witness saw 
 the bottle when it was taken up by the musician. (Here wit- 
 ness identified Henry Handwich, and declared that he had 
 never seen the traverser from that night till witness came into 
 Court this day ;) witness has no doubt about Handwich, if he 
 can believe the evidence of his senses. 
 
 Cross-examined by Mr. Scriven. 
 
 Did you hear any other words ? I did. In the scene of 
 Toney Lumpkin at the table, some body called out to Lislon, 
 to drink " The Glorious, Pious and Immortal Memory."— 
 (a laugh) — You said that all the expressions were scurrilous 
 and offensive ? did not you say that they were all scurrilous 
 and offensive expressions to the Lord Mayor? Is a clap. for 
 Lord O'Neil a scurrilous expression to the Lord Mayor? 
 (a laugh.) Is a clap for Alderman Darley a scurrilous expres- 
 sion to the Lord Mayor ? (a laugh ) 
 
 By the Court.— That is a mistake .of yours— the man said 
 no such thing. e 
 
*4 
 
 Mr, Scrlven repeated his assertion. 
 Court — Nothing like that was said. 
 Mr. Justice Jebb read his notes. 
 
 Cross-examination resumed. 
 Witness admitted that he had been put in confinement for 
 an alleged breach of pound ; witness did not break open the 
 pound ; there was a man with witness who opened the pound 
 gate, which was hanging on one hinge — (a laugh)— and he 
 took it up and drove out tlje cattle. ( Heie witness wished to 
 explain the nature of the transaction, but the Counsel for the 
 Traversers would not let him.) Witness did not break open 
 the pound ; witness did not indict a man for it ; but a man 
 indicted witness. There was cross indictments : The man 
 whom witness indicted was acquitted, and witness was sen- 
 tenced to three months imprisonment, with a fine of £%Q* 
 Witness said that he had only taken out of the pound some 
 cattle which he had sent there as a distress for rent, and he 
 endeavoured to state the particulars, but he was prevented 
 from doing so by the Counsel. He said, however, that he 
 had offered three times the value of the cattle, as a security, 
 to the pound-keeper, before he took them out of the pound. 
 Witness said that he had dined with a friend in Mountjoy- 
 square, and he described to him what had occurred at the 
 Theatre. The witness could not otherwise explain why he 
 was summoned as a witness, as he could not trace it to any 
 other source. 
 
 Cross-examined by Mr. Speer. 
 Did any body point out this day any person in the Court as 
 Handwich ? No body ; I knew him in the morning when I 
 saw him ; I was standing for a few minutes near the Crier of 
 the Court ; I never saw Handwich since I saw him in the 
 Theatre, but I knew him the moment I cast my eye on him ; 
 witness said that he thought that Handwich had been en the 
 second bench in the upper gallery ; witness was in the middle 
 gallery; witness said, I observed him particularly, because 
 his face and figure were remarkable. 
 
 Question by the Court* — You came into Court at the close 
 of Farrell's examination? I was not here when Farrell had re- 
 cognized him ; I was only a short time in Court ; I was near 
 the Crier, and nobody was with me. 
 
 Cross-examined by Mr. North. 
 Witness was in the middle gallery ; can't say exactly on 
 what bench he sat, but his situation commanded a perfect 
 Tiew ; the man whom witness indentified was about the third 
 row of the ga'lery ; witness turned about when he heard the 
 boy say, {t mind your fire ;" that expression excited his atten- 
 tion ; he became alarmed, and he turned about ; there was a 
 man standing with two ladies, who retired then from the 
 
45 
 
 gallery ; when witness heard the words, " mind your fire, 
 he did not make any observation to any person near him. You 
 said that you intended to memorial the Government about 
 your confinement, but that you changed your mind ; tell me, 
 Doctor, will you say that you are not influenced in giving 
 your testimony by such a consideration ? As I hope for sal- 
 vation, I have no such motive; I am brought up here in cus- 
 tody ; witness said, that during the examination of Farrell 
 he was outside the door of the Court, so that he could see 
 but indistinctly the witness on the table ; witness was a quar- 
 ter of an hour in the Court, but nothing was then doing ; it 
 was then but nine o'clock. Where were you afterwards ? I 
 was at my breakfast. Do you know Henry Arabin — perhaps 
 you do not wish to know him ? i do not. He pronounced 
 those little things we call a sentence — was he not rather se- 
 vere ? No answer. 
 
 THIRD DAY— Wednesday, Feb. 5. 
 
 This morning, the Chief Justice, Judge Jebb, Judge Bur-, 
 ton, and Judge Vandaleur, took their seats on the Bench a few 
 minutes after nine o'clock. 
 
 The names of the Gentlemen of the Jury were then called 
 over, to which they severally replied. 
 
 The Traversers were then severally called, and having an-« 
 swered to their names, the examination of evidence was re-, 
 sumed. 
 
 James Tier nan — examined by Mr. J. S. Townsend. 
 
 Witness was in the Theatre on the night the Lord Lieut, was 
 there ; was in the upper gallery ; sat in the second seat ; from 
 the conduct of a person who sat before witness ; (he witness) 
 observed him particularly ; that person's name is George Gra_ 
 ham, he kept ringing a rattle and making a great noise ; he sat 
 more to the left of the gallery than the centre; there was a great 
 deal of noise and disturbance in the house throughout the night, 
 but they had the most of the noise in the upper gallery-?— [much 
 laughter]; witness heard the Lord Mayor groaned, and his Ex- 
 cellency was groaned: heard " a clap for the Calf's Head ;" there 
 was a bottle thrown ; it came from behind witness ; can't say 
 who threw it ; saw it go over his head and strike the curtain, 
 saw the head of the rattle thrown, it was the part that turns 
 round, this was thrown the time the farce of Tom Thumb, \m 
 going on, it dropped at the foot of his Excellency's box,: saw 
 Mr. Barton take up a bottle when the rattle was thrown ; wit- 
 nesss cried out ". shame, - shame," and he was struck with a 
 bludgeon from behind ; he received a second blow, and is black 
 still where he was struck, witness thinks the bludgeons they had 
 were made for the purpose ; saw the person who threw the rat- 
 tle taken into custody, never lost sight of him until he saw hiai 
 taken. 
 
46 
 
 Cross-examined by Mr. Driscofl. 
 
 Witness is in the chandling business ; saw the bottle in pas- 
 fling over his head ; has no object in view in giving his evidence, 
 witness did not see who struck him, when he got the first blow 
 on the shoulder, he received another there, (putting his hand 
 ©n his thigh) he then .sat down and took what he got-— a laugh ; 
 there were four corners on the stick, it was as sharp as a lance, , 
 witness felt it more than he ever felt any lance, was never bled 
 by a lance in his life — (great laughter) ; witness gave informati- 
 on on the 26th of December, was afraid to give evidence before, 
 when he saw how it was taken up by the country at large, he 
 took a little courage, he was afraid of being pelted in the|streets, 
 thinks the country at large would prevent his getting a clink atV 
 the corner of a lane : told Mr. Galogiy (a peace officer,) what he . 
 could tell on Christmas eve ; Major rfirr wrote to him on Christ- 
 mas d^y, desiring him to attend the next day ; ^saw the bottle 
 strike the centre of the curtain. 
 
 Cross-examined by Mr. Scriven. 
 
 Witness was in the upper gallery on that night ; there was a 
 great crowd ; witness was nearer the left side; often looked 
 about ; saw an immense great crowd ; never saw the upper gal- 
 lery so crowded ; th,e whole way to the back was crowded ; it 
 appeared as if it was packed ; did not see an empty seat ; there 
 was suci a noise round him his ears were bothered/ he 
 did not hear three words of the play ; some of the noise might 
 have came from his (witness) own mouth ; he did not groan or 
 hiss ; he clapped his hands ; that was not with his mouth ; he 
 did not hiss when the Boyne Water or the Protestant Boys was 
 called for ; a smothered sigh might have escaped him ; did not 
 hiss Lord O'Neill, nor clap him; does not like him ; he (Lord 
 O'Neill) never injured witness, nor would he (witness) know 
 him, but he heard he was Grand Master of an Orange Lodge ; 
 did not hear Sheriff Thorpe groaned, but he was often clapped. 
 
 In answer to a question from one of the Gentlemen of the Ju- 
 ry, this witness said, that when the bottle was thrown he did 
 not hear an)' one call out, " mind your fire," nor any words 
 called out that he would consider as watch-words. 
 Thos. Staunton CaJiill, cross-examined by the Solicitor General' 
 
 Witness was in the Theatre on the night of his Excellency's 
 visit ; was jjn the lower gallery; saw something pass through 
 the air that night ; saw that it was a bottle ; saw it in its pas- 
 sage over the pit to the stage ; it appeared to have come from 
 behind witness, and from an upper part of the house, by the 
 direction it took. 
 
 Cross-examined by Mr. JDriscolh 
 
 Witness is in College, as a Medical Student ; when he saw 
 the bottle moving over the pit, it was going very quickly ; 
 whit drew witness's attention to it, was, he heard a man in the 
 upper gallery ealling out, " Ah, ha, Wellesley/' on turning 
 
47 
 
 round and looking up, he saw a man drinking out of a bottle, 
 which he handed round to some persons near him ; some person 
 in the immediate vicinity of this man threw down a card to 
 witness and desired him to take it up and read it ; witness took 
 up this paper and read the words no popeuy ; it was a printed 
 label; on perceiving this, witness again raised up his head; 
 and then it was, that he saw the bottle in its progress ; can't say 
 who threw it ; don't know who the man was that desired witness 
 to read th*. printed label : witness afterwards told what he knew 
 of the circumstance to the Right Hon. the Attorney- General ; 
 witness did not think his evidence would be material, as he did 
 not see who threw the bottle, or could not say at whom it was 
 thrown ; he happened to mention it at a house where he dined, 
 and a gentleman there said that his evidence might be of service 
 in consequence of which he told the Right Hon. Gentleman. 
 Cross-examined by Mr. Perrin. 
 
 Saw some persons in the gallery,drinking porter, or something 
 like it, out of a bottle ; can't swear if the liquor w T as of a dark 
 colour ; don't recollect ii' the performance was going on at the 
 time ; observed the bottle passing across the pit ; it had reached 
 aborat the centre of the pit when the bottle caught his eye in its 
 progress by the centre of the pit ; witness does not mean mid- 
 way between the side boxes, for it was much nearer the boxes 
 at the left side of the house; by the centre of the pit, witness 
 means mid-way from the gallery to the stage 5 can't say where 
 it struck, as some person stood up at that moment before witness; 
 in its progress it took neither a horizontal nor a perpendicular 
 direction ; it was going obliquely, and was descending rapidly ; 
 it did not seem to be turning over and over, but was going in a 
 direct position. 
 
 John Crosby Greaves, Police Magistrate, examined by the 
 Attorney- General. 
 
 Witness was in the Theatre, on duty, on the night Ld. Lieut, 
 was there ; saw Forbes there that night ; witness was in the 
 Theatre at the time the bottle was held up ; he was then in the 
 back part of the box, next to that in which the Lord Lieute- 
 nant sat ; after the bottle had been held up, witness saw For- 
 bes ; when he first saw him that night, he (witness) was in the 
 third tier of lattices, at the side of the house opposite to that at 
 which the Lord Lieutenant sat ; witness had heard a cry of 
 " shame" " shame," and thinking there was something wrong 
 that called for the intervention of a Magistrate, he went to the 
 upper boxes in order to take a survey of the house ; he then 
 saw Forbes immediately close to the spikes of the upper pigeon- 
 holes, at the Lord Lieutenant's side of the house, and imme- 
 diately adjoining the gallery, a great deal of confusion and tu- 
 mult prevailed in that part of the gallery : there were three 
 persons in the pigeon-holes, close to the gallery, who were all 
 using whistles ; witness seeing them with their bands up to thejr 
 
48 
 
 mouths, crossed the house and got immediately under them ; 
 he then looked up and saw Forbes still in the act of using the 
 whistle ; there was nothing between the persons in the upper 
 pigeon-holes, and those in the gallery, to prevent a commu- 
 nication between them ; when witness was under Forbes, and 
 saw hirn still using the whistle, he looked up to him and said, 
 " why do you do that, Sir ?" or c * for what do you do that V his 
 answer was " for fun ;" this was after the cries of " shame/* 
 " shame;'' the three persons who were in the lattices had their 
 faces directed towards the gaUery, but witness saw no precise 
 tfommimication between them and the persons in the gallery ; 
 Forbes persevered in using the w r histle, and witness went to 
 take him into custody ; Mr. Tudor went for the saiiie purpose, 
 and was before witness ; Forbes recognised Mr. Tudor as a 
 Magistrate, and consented to go with him ; he kept one of his 
 hands shut, and on being required to open it, did so with some 
 reluctance ; in it was found that whistle. 
 
 Here Mr. Greaves produced a small whistle, which Mr. Dris- 
 eoll asked permission to see ; whilst this gentleman was examin- 
 ing it, the Attorney -General said to him "I shall give directions 
 to have it sent home to you, Mr. Driscoll, as soon as the trial 
 is over." (Great laughter.) 
 Examination of Mr. Greaves by the Attorney -General resumed. 
 
 Forbes, on his way to the watch-house, said to witness, " Mr. 
 Greaves I am as loyal a man as any in the community, and as 
 much attached to the King." 
 
 Witness replied that he did not want to question his loj'alty, 
 but that lie certainly chose an awkward mode of shewing it, by 
 disturbing the house, and insulting the King's Representative; 
 on being asked if bail would be taken, witness said that bail might 
 be taken for Forbes after the play was over ; Forbes said, if you 
 will let me be discharged now, I give vou my honor I will not 
 return to the Theatre ; Mr. Tudor seemed to wish this, and 
 witness agreed to it on his (Mr Forbes's) promise ©f perfecting 
 the bail; witness did not know of his own knowledge who had 
 offered to go bail for Handwich on that night. 
 
 Cross-examined by Mr. Johnson. 
 
 Mr. Forbes did not know witness was a Magistrate at the 
 time; he (witness) asked him (Forbes) " why did he whistle? 
 and he said, " for fun ; witness believes there were fifty of the 
 police in the Theatre on that night ; the Magistrates left those 
 details to an Officer in whom they had great confidence, Mr. 
 Farreli ; the directions given were, that the police should go to 
 the Theatre in their own clothes, so as to appear like the rest 
 of the audience ; when Mr. Forbes recognised Mr. Tudor, he 
 told him he would go with him : he seemed anxious to explain 
 his conduct on his passage to the watch house ; witness has no 
 reason to suppose that he did not keep his word, or that he re- 
 turned to the Theatre that night; when witness went to the 
 -iidc latticed to take a view oi the upper gallery, it seemed to 
 
49 
 
 him as if there was not a great press there, but rather as if peo- 
 ple were leaving it ; he should suppose the rattle was thrown 
 when he (witness) was out of the house : from the situation he 
 was in, in the house, which was at the back of the box adjoin- 
 ing that in which the Lord Lieutenant sat, he did not hear the 
 noise of the rattle ; there was a great deal of confusion in the 
 house, and it might have occurred, but it did not strike witness's 
 ear ; there were informations taken at witness's office against 
 Forbes ; Mr. Farley's depositions were taken down in the of- 
 fice, and the waiters and servants of Flanagan's in Essex-street. 
 The Attorney General here suggested to the Court, that this 
 course of cross-examination should not be persevered in ; the 
 Chief Justice agreed in the objection urged by the Right Hon. 
 Gentleman, and Mr. Johnson having stated that it was not his 
 intention to draw forth the disclosure of names from the witness, 
 said that he would trouble Mr, Greaves no further. 
 George Harris, Serjeant- Major of the 1th Hussars, examined 
 by Mr. Torrens. 
 Witness was in the Theatre on the night the Lord Lieu- 
 tenant was there, was in the lower gallery ; there was a great 
 disturbance in the upper gallery ; he noticed a person in the 
 front 6eat of the upper gallery, with a rattle, who was par- 
 ticularly noisy the entire night ; would know him again ; there 
 he is between the two Handwiches, (Here the witness pointed 
 out George Graham :) his name is Graham ; he was continu- 
 ally making a noise with the rattle, by turning it round in 
 his hand, and striking it against the front of the gallery ; 
 towards the end of the play, witness saw him break the 
 rattle; after the play, and after the glee, he (witness) saw a 
 piece of wood nearly strike the person of his Excellency ; 
 witness turned round to observe the actions of this Graham ; 
 he then saw him throw another piece of wood in the same 
 direction; don't know where the second piece of wood fell. 
 Witness was examined by the Grand Jury ; one of the Grand 
 Jurors disputed his testimony very much, (great laughter.) 
 Cross-examined by Mr. Hamilton. 
 Witness was not much offended at the Grand Jury ; judged 
 the two pieces of wood thrown to be similar ; thinks they 
 were the two sides of the rattle ; witness s attention was taken 
 up in examining the person of the individual who threw the 
 piece of wood, the way he should know him again, so that he 
 did not see where it fell ; he felt greater anxiety to secure the 
 person of the individual who threw the piece of wood, than 
 to see where the object fell ; witness swore informations the 
 next day ; he went to the Theatre that night solely lor amuse- 
 ment ; had leave of absence until nine o'clock ; staid longer > 
 was a serjeant on that night; is now a serjeaut major ^ was. 
 a serjeant for six years; violated his duty thai night by st*ty- 
 
so 
 
 ing out i was promoted since ; has been engaged in escorting 
 the Lord Lieutenant to and from the country, when with his 
 regiment ; he has been since in the County of Kildare ; quar- 
 ters at no particular house whilst he is in Dublin ; has paid for 
 his dinner every day since, or thinks he will pay for it — (a 
 laugh) ; never dined at the Park in his life; has supped in it ; 
 drank the King's health there ; thinks he could not do a more 
 worthy thing; witness has drank the Glorious and Immortal 
 Memory, but not since that night (laughter) ; has not drank 
 it at the Park ; will take care how he proposes it there the 
 next night -he sups there. 
 
 In answer to a question from one of the Gentlemen of the 
 Jury, this witness said that " he saw the bottle held up by a 
 person in the orchestra, but that he did not see it thrown." 
 Mr. Charles Skinner examined by Mr. J. S. Townsend. 
 
 Witness was on the pit door of the Theatre on that night, 
 in order to assist the check-taker, a great crowd being ex- 
 pected ; was on the stage after the play was over ; saw a piece 
 of the rattle lying on the stage; witness drew it oif with a 
 piece of wire ; this was during the last act of the farce. 
 (Here a piece of wood was produced, which the witness 
 identified as being that which he drew off the stage on that 
 Bight.) This witness was not cross-examined. 
 
 Mr. George Farley, examined by the Attorney-General. 
 
 Witness is of the profession of an Attorney ; recollects the 
 night of the 14th of December; was not at the Theatre on 
 that night ; was in company with a Gentleman ©n that night, 
 between the hours of ten and eleven o'clock, a Mr. James 
 Troy, Merchant, in Bridge-street; went to a house in Essex- 
 street that night with him, a tavern; had been at Mr. Troy's, 
 %nd went with two ladies to get a carriage, to go to Richmond ; 
 the night was cold, and on returning Mr. Troy and witness 
 went into a tavern in Essex-street, to take a tumbler ; their 
 going to that house was purely accidental ; a good many per- 
 sons had been there, and went out, and some remained ; after 
 witness and Mr. Troy had been sitting there for a short time, a 
 good number of persons came in, in a body, and the place 
 became crowded ; a great number got into the box opposite to 
 where Mr. Troy and witness sat; some stood round them, and 
 they held a conversation amongst themselves, with their head* 
 down ; they remained in that position for some time, commu- 
 nicating privately ; there were about eight or ten persons, or 
 from that to twelve, at that box ; more of that party went 
 up the room ; witness could not hear what passed among 
 them then ; they then dispersed, some went to the lower part 
 of the room ; some, went up stafrs, and some, witness believes, 
 went out ; four remained in the box, these were the two Atkin- 
 sons, Forbes, William Graham and Brownlow ; witness did. 
 not know Forbes's name before. 
 
61 
 
 Here the Attorney-General asked this witness if he had 
 been examined before the Grand Jury ? to which he replied, 
 in the most emphatic manner. " indeed I was." 
 
 Browniow was not in the box with the four witness men- 
 tioned; he sat on a table in an adjoining one. Those persons 
 who came in in a body, seemed to be known to one another ; 
 they conversed together, and talked of the Theatre ; one of 
 them addressed Browniow, and accused him of his not being 
 in his place in the gallery, according to his appointment ; he 
 said he was as well where he was, or where he had been ; the 
 other said, you are a pretty fellow to keep your appointment 
 — you must go to the pit — nothing would do you but the pit ; 
 he ( Browniow) said, that " for the purpose of what was to be 
 done, he was as well where he Mas." Witness thinks the name 
 of the person who addressed Browniow, was M Intosh ; there 
 was a great deal more of conversation among them ; the four 
 ai terward-s retired to another box, to sup ; they talked of the 
 Theatre, and spoke of throwing the bottle and the stick. 
 
 Here the Attorney- General requested of the witness, that 
 if any indecent expressions were used by any of that party, 
 he would suppress them. 
 
 The Chief Justice said that he was about to suggest this to 
 the witness. 
 
 The witness said, that seeing Ladies in the Court, it had 
 been his intention to suppress every thing of the kind. 
 
 The Attorney- General then told the witness to repeat, sub- 
 ject to the above limitation, whatever he heard any of that 
 party say. 
 
 The witness resumed. — He heard one of them say, after 
 throwing the bottle and the stick had been spoken of, that 
 «• it was a damned, or a b y miss ;" can't identify the par- 
 ticular person who said it, but is certain that it was said by 
 one of the four ; these four were, the two Atkinsons, James 
 Forbes, and William Graham ; after supper they came back 
 to the box where they had been sitting;. they then called for 
 punch, and commenced giving toasts; they drank the " Glo- 
 rious and Immortal Memory," all the company in the room 
 standing, except Mr. Troy and witness ; the two gentlemen 
 who had been in this box with witness and Mr. Troy, had 
 left the room before witness ; thinks Forbes gave " The Duke 
 of York and the Army ;" Forbes was extremely violent in his 
 manner and expressions; the other three were more peace- 
 able; he (Forbes) appeared to take the lead in every thing; 
 he thumped the table violently, and said w let them transport 
 me, its the worst they can do ; I don't car*.' a damn, provided 
 Papists, and Popish Governments are put down." Forbes 
 also said, " 1 don't care if I am sent to Botany Bay, or to 
 Hell, provided one ouject that I have in view is accompli' 1 > 
 
 H 
 
but the worst of is, wherever I go, I am sure of meeting a 
 Papist." He did not state what the precise object was that 
 he had in view ; he gave *' Here's confusion to John Smith 
 
 Fleming, the Popish Lord Mayor, the b y Marquis Wel- 
 
 lesley and all Popish Governors ;" witness could not recollect 
 all he said ; he (witness) heard some expressions of being better 
 prepared on the occasion of a future visit ; cannot say who 
 used those expressions ; the passage in the room between the 
 boxes was not more than four feet wide ; no one there ex- 
 pressed disapprobation of what was said by Mr. Forbes. 
 Cross-examined by Mr. Blackburne. 
 My name, Sir, is Farley, (Mr. Blackburne had addressed 
 the witness as Mr. Farrelly ;) witness went to that house in 
 Fssex-street, between the hours of ten and eleven o'clock on 
 that night, and remained there until twelve - r went in company 
 with Mr. Troy there ; spoke to Mr. Percival as he was going 
 out ; witness had no objection to some of their toasts ; would 
 have left the house sooner but from the inattention of tha 
 waiters ; took a second tumbler ; when witness and Mr. Troy 
 came away, they left the others after them ; there were four 
 in the box opposite to witness and Mr. Troy, Mr. Brownlow 
 was in the next box, and three gentlemen stood at the fire ; 
 one of those witness believed was a Mr. Pounden ; witness 
 and Mr. Troy remained until about twelve o'clock ; the door 
 was shut when they were coming away ; witness did not des- 
 cribe this party as being in three parts of the house ; on 
 coming in they sat in the box opposite to witness and Mr. 
 Troy; can't swear if they drank any thin? before supper; 
 believes they did ; can't identify the person who, when the 
 throwing of the bottle or the stick was spoken of, said that 
 
 •* it was a b y miss ! !" Witness does not think Forbes 
 
 was tipsey ; does not think he was incapable of knowing 
 what he was saying, although he was giving the toasts very 
 incoherently ; it was a public tavern in which witness met 
 him ; they were strangers to each other ; when he spoke of 
 going to Botany Bay, he did not state his object. 
 Cross-examined by Mr. Scriven. 
 Witness was in the tavern before those Gentlemen rushed 
 in ; cannot say if William Brownlow was there before the 
 rush; Brownlow was by himself, after these people came in; 
 M'lutosh was not near him ; witness swears positively, that 
 they communicated together notwithstanding ; Pounden and 
 two others sat opposite to where Mr. Brownlow sat; witnesi 
 thinks they were not in the room till after the rush ; M'Cul- 
 lagh was in the lower end of the room ; they said, *« it was 
 
 a damned, and b y miss ;" witness on his oath says, that 
 
 it was not "ad d and b y trick 1 ' they said; the 
 
 words were "so few, that witaess thmks whoever used theui 
 
53 
 
 did not let his voice down, but kept it elevated to the con- 
 clusion ; witness will, however, swear positively that the word 
 tnck was not used ; when the toasts were given, Brownlow 
 raised his glass, and drank, but remained quietly on the table ; 
 when charged with being in the gallery, he said he was as 
 well where he was for the purpose ; M'Intosh muttered some- 
 thing in an under tone, which witness did not hear. 
 
 James Troy, examined by the Solicitor-General. 
 Witness remembers the night the Lord Lieutenant went t« 
 the Theatre ; Mr. Farley was at witness's house on that night, 
 and they went out together ; they went out to escort seme la- 
 dies who had dined at witness's house ; they proceeded alongr 
 the quays to Essex-bridge, where witness prevailed on one of 
 the ladies who was rather weak, to take a coach ; witness's 
 dwelling-house is on Arran quay, and his house of business in 
 Bridge-street ; witness and Farley proceeded after this over 
 Essex bridge, conversing till they came to a tavern in Essex- 
 street, kept by a person of the name of Flanagan ; as the night 
 was cold, they went in there to take a tumbler; conjectures 
 that Mr. Farley and witness entered the tavern between tea 
 and eleven o'clock that night; they got into a box in which 
 there were several persons ; they all remained there for some 
 short time ; they talked of the occurrences at the Theatre ; 
 some of them put questions to one of the party, respecting 
 the part taken by him on that occasion ; they asked, why were 
 not you at your post in the galleries ; witness was not ac- 
 quainted with the person who asked and answered these ques- 
 tions ; witness saw one of the persons who was answered, and 
 who interrogated; identifies Brownlow as being that person ; 
 after supper these people returned to the box opposite us; 
 here they had punch, and drank toasts ; witness is not ac- 
 quainted with any of these persons, but identifies Forbes as 
 being one of them ; witness heard something said about whst 
 had happened at the Theatre, the rattle, the bottle, and the 
 stick ; witness then heard these persons make use of the ex- 
 pressions, "Blast them how it missed ;" or words to that ef- 
 fect ; witness also heard one of these persons say, •' that ha 
 Was now in for it — that he did not care, provided the Papists 
 were down ; witness also heard a deal of ribaldry and reflex- 
 ions op Popery, such as extermination to Pope and Popery ; 
 also, confusion to the Popish Lord Mayor, John Smith Flem- 
 ing, and the bloody Marquis Wellesley ; witness can't call to 
 mind any other expressions ; heard Forbes say, u send me to 
 Newgate — transport, or send me to Hel{ — I'd suffer any thing 
 to attain one object ; but I meet a Papist every where ; they 
 then drank several toasts, such as the King, the Duke of York, 
 Protestant Ascendancy, &c. they also said, we shall be better 
 prepared another time ; don't remember who said this, but 
 heard it* 
 
54 
 
 Mr. Troy, cross-examined hy Mr. Rolleston. 
 
 The witness states that he is not in the habit of drinking the 
 Glorous and Immortal Memory ; can't say. he intends to drink 
 it ; formed no intention at all on the matter, but would drink 
 it in the proper acceptation ; he would drink it as the health of 
 a brave and good man. 
 
 Mr. Rolleston — It seemed to stick in your throat for pome 
 tine — (much laughter.) — Did not drink this toast that night 
 at Flanagan's; can neither say that he was or was not highly 
 gratified by the drinking of this toast on that night; he did not 
 take notes of what was said that night ; there were three or 
 four in the box where the toast was drank ; who had not a bet- 
 ter opportunity of hearing it than he. Pray explain ? The 
 expressions were loud enough for me to hear. Were the per- 
 son* conferring with eaeh other? I can't say ; I was but a 
 listener ; I saw Forbes ; he did appear to have been warm with 
 liquor ; if the witness had committed high treason, by blowing 
 a whistle, he don't thing he would have been so imprudent 
 as to disclose it in a public tavern ; the Traversers saw witness 
 and his companion there, and we were total strangers to them, 
 nevertheless they mentioned the whole matter, which was very 
 imprudent ; witness thinks they would not have published all 
 this if they had thought they had committed any crime ; don't 
 know what the Traversers may think of this matter ; witness 
 thinks Forbes was more mad and intemperate than drunk. 
 
 Mr. Rolleston.— I am sure of that — (laughter.) Forbes 
 said that he had gained his object ; the witness don't know the 
 object of Forbes in using these expressions ; thinks his object 
 was to support the Protestant Government. 
 
 Mr. Rolleston Did not the toasting the healths of the 
 
 King and Duke of York confirm your opinion ? It did more 
 strongly ; he did not dislike Forbes for these toasts ; they are 
 toasts which he drinks very often himself, but he seldom sits in 
 company with those who drink them, where the Glorious Me- 
 mory would be proposed. 
 
 Chief Justice. — The Court wishes to know if it be the in- 
 tention to persevere in this line of examination. 
 
 Mr. Rolleston.— -My Lord, I shall ask but one question 
 more. 
 
 Chief Justice. — We have only permitted your cross exami- 
 nation, because no objection was made. 
 
 Mr. Rolletson.— Were not Forbes's expressions in favour of 
 Protestanism — and in disfavor of Catholicity f 
 
 Chief Justice. — The witness has proved this before. 
 
 Mr. Rolleston. — If this be so, I will ask no more questions. 
 
 Mr. W EESTER, examined by the Attorney General. 
 
 Was in the Theatre with the Lord Lieutenant, as Aid-de- 
 Camp," on the night of the 14th Dec. and recollects a stick or 
 
S5 
 
 hard substance having been thrown ; it struck the cushion ox' 
 the box next to his Excellency, it rebounded and passed in front 
 of his Excellency's head ; 1 then stood up, and pointing to the 
 hole in the cushion, the audience cried shame ; the rent in the 
 cushion of the box was mid-way. 
 
 Cross-examined by Mr. Pen in. 
 The people cried shame, and disapprobation was manifested 
 by one hundred people. 
 
 Cross-ex amhied by Mr. Scriven. 
 The wood hit about eight inches from his Excellency's box, 
 and after it rebounded I knew no more of it. 
 
 CASE CLOSED ON THE PART OF THE CROWN. 
 
 After the case had been closed on the part of the Crown, 
 
 Mr. F. Mills. My Lord, one of Jurors wishes to ask Mr. 
 Webster a question, and he need not stir from -where he is. 
 
 Mr. F. Mills. Was the rent occasioned by the hard sub- 
 stance ? I have no hesitation in saying it was ; the rent was 
 about the size of a shilling. 
 
 Mr. Driscpll then rose and addressed the Jury for George 
 Graham and Mathew Handwich. 
 
 " My Lords and Gentlemen — I never before rose under such 
 overwhelming emotions ; but, without giving utterance to any 
 thing that can excite angry feelings, & relying altogether on your 
 justice, and on the soundness of your judgments, I shall address 
 myself altogether to your understandings and common sense, 
 without attempting to inflame or agitate your passions. My 
 I^ords and Gentlemen, on the day after this transaction the 
 whole city was filled with alarm, and every one believed that 
 the plan, as at present charged, was formed and attempted. At 
 the parish meetings assembled on the occasion, I, Gentlemen, 
 joined with my fellow-citizens in expressing my indignation ; 
 but I am now convinced, Gentlemen, that the Noble Personage 
 who was addressed, feels convinced that too much importance 
 has been thrown around the business, and that the stain of the 
 whole has been washed away. In these addresses indignation 
 was the most prominent feeling, and even now every epithet that 
 the imagination can conjure up, and that the press can give vent 
 to, have been applied to the unfortunate Traversers, at present 
 under trial. Considering then, Gentlemen, the frailty of man, 
 can your minds and your judgments be free, and are you sine 
 that you are unbiassed. — Addressing myself to your passions, 
 Gentlemen, 1 would implore you to stitfe and to still them, and 
 to give freedom to the best gift that Heaven has blessed you 
 with — your judgment. Gentlemen — you could not fail to have 
 been further excited by the splendid address of the Attorney 
 General ; the n o>t powerful and the most eloquent that I ever 
 heard delivered in a court of justice. Gentlemen, your admi- 
 ration must have been excited, and your Common sense led f«r 
 
56 
 
 away by that most feeling and eloquent address. Gentlemen* 
 the Attorney General has said right, this was a most important 
 trial, because it will decide whether these men were so heroic in 
 iniquity, jis to attempt the crime with which the Traversers are 
 charged. Gentlemen, you are told of his Excellency's public 
 services ; of his having quelled an open rebellion ; of his hav- 
 ing averted a famine. Gentlemen, these things are all true : my 
 clients don't deny it; but Gentlemen, this parade of virtue mus»t 
 have prepared your minds too readily to receive the evfdence. 
 Gentlemen use your discretion and judgment, but do not be 
 borne down, and never forget that John Atkinson has positive- 
 ly sworn, that it was no part of the alled'ged plan to offend or 
 assault the Lord Lieutenant. If a reluctant and treacherous 
 witness can have any effect on you, you must acquit the prison- 
 ers, my clients/' 
 
 Attorney General. — I wish to apprize Mr. Driscoll, that he is 
 not to take for granted, that we admit altogether his statement, 
 because we do not contradict it in this stage. 
 
 Mr. DriGeoH resumed. — " My Lords, I dare say it was a 
 mixture of kindness towards me, as well as a sense of public 
 duty, that induced the Attorney- General to make those remarks, 
 but, Gentlemen, I should like to be set right, for I do not 
 wish to practice imposture. Gentlemen, a corrupt witness 
 blunders, and discloses the foulness of his heart. With re- 
 spect to George Atkinson, after giving his evidence, he tells 
 you, that on Thursday or Friday he began to feel some scru- 
 ples : his amiable heart was touched, and c-ff he went in the 
 most affectionate manner to disclose the whole ta the Represen- 
 tative, but a centinel changes his resolve, and he goes to the 
 widow's in Ship-street, and punctually marshals his forces, and 
 places them at their posts. Gentlemen, I dismiss that fellow, 
 with these observations : His brother and father enjoy places 
 under Government, and, notwithstanding, they go to the 
 Theatre to make the Government; unpopular, and he closes 
 the detail of the plan, with stating that it was not the intention 
 to assail or offend. How could he effect his object, Gentlemen, 
 w ithout assailing or offending ? Gentlemen, this fellow is not 
 afraid to admit that George Graham was brought to the thea- 
 tre, but he does not venture to state there was any rattle. He 
 says of Mr. Handwich, that he desired him to bring his bro- 
 ther with a number of men, to go to the play-house, and that 
 Handwich assented. Here two unfortunate persons are to be 
 consigned to punishment, because two wretches give evidence 
 against them. Gentlemen, when I consider the majesty of 
 the trial by jury, I cannot think you would lend yourselves to 
 such reprobates as the Atkinsons. It has been said, that the 
 overt act was to fling the bottle. — With a glimmering recollec- 
 tion of the doctrine of vision, I am unable to explain how a 
 person who states the bottle to have danced across his eyes in 
 *he descent, with a velocity in proportion to the height from 
 
il 
 
 which it was flung. I am unable, I say, to account how tlu> 
 person could follow it in its descent, and detect it in tfte act of 
 hitting the drop curtain. Gentlemen — look at the inconsistency 
 of tiiis evidence — one states, that Henry Handwich had room 
 for another person near him, while another person states, that 
 the crowds were so great, that they could not stir. But I will 
 prove that Handwich had no bottle at all, and we shall produce 
 evidence to contradict Kelly and the Rev. Dr. from Ballinakill. 
 I was amazed at this man's account, " boys look to your tire,'* 
 which is only mentioned by him alone ; and further, look at 
 the discrepancy between him and Farrell, who states that 
 Handwich managed to have nobody near, while the Doctor, 
 let loose from the pound, (laughter,) states, that the crowd was 
 so great, and the gallery so stuffed, that Handwich had to bend 
 over. I don't like to impute perjury, but I have a sacred duty 
 to perform, and I have evidence to prove that Dr. M'Namara 
 is not worthy of credit, — Gentlemen, it has been the practice 
 of corrupt and interested men in all ages, to speculate on tem- 
 poral advantages. This Doctor has been sentenced to three 
 months imprisonment, one fortnight of which has only expired. 
 Dj you think, from his character and conduct, that such a 
 mind would hesitate to speculate on the clemency of the Mar* 
 quis Wellesley. — By his evidence here this day, Gentlemen, 
 the host judges and the ablest men, have been imposed on, 
 and surely, the Attorney-General may have been duped in 
 the present case. But, Gentlemen — independently of all this, 
 there is a privilege given of hissing and applauding at Theatres, 
 which has existed since their origin, and we shall bring an old 
 and venerable lady here, nursed in the lap of luxury, who 
 will tell you that she never felt any alarm, and did not consider 
 the noi<e greater than usual. Flow then could the young, the 
 vigorous, and the athletic be afraid. Gentlemen — Farrell, a 
 working jeweller, who came here from England four years 
 ago, says, he heard the cry of " Boys look out," and tJutt a 
 man whom he had never seen before, but of large person, 
 and who must be of necessity, He«iry Handwich, flung the 
 bottle. — Farrell is so inflated with loyalty, that he thinks you 
 should give credence to his wonderful powers of identification. 
 The Djctor, who had never seen Handwich before, recognizes 
 him at a glance, as the person who cried out ' mind your fire/ 
 notwithstanding the dusky and dun light in the galleries. 
 Gentlemen, I shall prove to you that it will be impossible to 
 give Farrell credit. It is said that Graham had a watch-man's 
 rattle, and that he flung the twa sides of it successively ; but 
 I shall prove it was not a watch-inan's rattle, but a dapper 
 used by farmers for the purpose of clapping, and it broke acci- 
 dentally ; and that some person snatched up the end of it and 
 flung it down-^and all this is visited on this unfortunate youth 
 — Gentlemen— - if you listen to your consciences, you must 
 acquit these men, and 1 pray you to do Your duty." 
 
5S ' 
 
 Mr. North rose to address the Court on behalf of Henry 
 Handwich and William Graham. 
 
 '« My Lords and Gentlemen— I confess I was most anxious 
 to obtain a postponement of this trial, on account of the 
 ferment of the public mind. What part of the land has not 
 been disturbed ; what hill, what valley, no matter how remote, 
 how solitary, or how lonely, that has not re-echoed with the 
 awful and alarming sounds of conspiracy and confederation ? 
 My Lords, we have had Addresses from the Churches, from 
 the Counties, from ths Cities, from the Towns, from the 
 Guilds, from the Corporations, from the Parishes, individually, 
 and in one grand simultaneous effcrt collectively, all ringing 
 the charges on the words, assassins, conspirators, murderers, 
 &c. taking guilt tor granted, and with ready wishes anticipat- 
 ing punishment. But, my Lords, much as we have been 
 heated by this over excitation — much as we have been stimu- 
 lated jin the hot-bed of political feeling,the effect produced waa 
 small, very small indeed, when compared with the rich, g]>v. - 
 ing, even varied, and most agitating eloquence of these ad- 
 mirable Answers, which have fanned the flame till it has be- 
 come a most consuming fire. But, Gentlemen, thanks be to 
 Heaven, although the victims aie bound and bleeding, the 
 first beam of light that we have enjoyed has broken from the 
 darkest, spot in the horizon, and some security of acquittal is 
 afforded to my clients, from the monstrousness of the charge 
 which the Attorney General has brought against them — 
 Gentlemen, the sea yet heaves and rolls, though the storm has 
 subsided, and the earth has been rocked to and fro by the 
 agitation of its motion. Gentlemen, it is impossible, when 
 the elements are convulsed and crashing together, that you 
 can have remained unmoved. There is in this case an in- 
 auspicious alliance between the power of the Government and 
 the power of the people, and this is the reasoo why I would 
 forewarn you to be doubly cautious. The worst species of 
 despotism is that to which the people are a party, and when 
 aided by the crown, its force is overbearing 9 overwhelming, 
 and irresistible. What is there so dangerous as this c alition ? 
 The Vultus instantis tyranni— -The Civium ardor prava juben- 
 tium. When these two conjoin, the flood-gates of oppression 
 are let Injse, and the full tide of despotic power rushes with 
 uncontrouled force. May my unfortunate clients be removed 
 from its influence. I do not believe that the Attorney 
 General was induced by any consideration but a sense of duty* 
 to undertake these prosecutions ; but in my mind, this was a 
 mistaken sense. Gentlemen, it is unknown to our Constitution? 
 that the very case which has been discussed by a Grand Jury 
 should be again brought forward by the Attorney General I 
 confess Idid expect to have heard precedents cited, but my 
 
C9 
 
 turprige was unequalled when I heard none, and I have now 
 practically learned, that the finding of a Grand Jury is 
 a mere nullity. But if ex-ojficios are to be used at all, why 
 was not the Grand Jury dispensed with altogether ? Why was 
 circuitous and round-about methods adopted ? 
 
 " My Lords — in reference to a passage from the Commons 
 Journals, brought forward with great art and infinite address 
 by the Attorney Genera!, I would remark, that in that case 
 the Bills were endorsed by mistake, and that the Attorney- 
 General's getting the indictment quashed, roused the attention 
 of the House of Commons on the subject. The House con- 
 sulted the most eminent lawyers of the day, and they unani- 
 mously decided, that there was no such example from the ear- 
 liest period of the Constitution. And this is the precedent on. 
 which an ex-officio % under any circumstances an arbitrary pro- 
 ceeding, it to be justified. What says SirMathew Hale, that 
 great model of Christian piety, political sagacity, and legal 
 wisdom. He says, presentment or indictment are the only 
 legal methods of proceeding against a subject. What says 
 Mr. Fox, who brought to the study of the Constitution the 
 knowledge of a lawyer, and the science of s statesman. He 
 says, " if these, the corner-stones of the Constitution, are 
 removed, the whole edifice must come topling to the ground, 
 because the main prop of all is the juridical power of the 
 people, through the intervention of Grand and Petit Juries." 
 Gentlemen, open force is not to be dreaded, for every man is 
 aware of his enemy. Arbitrary proceedings are not so much 
 to be dreaded, or so dangerous, as this proceeding, which is 
 disguised, and of which the injustice and the illegality are not 
 so glaringly apparent. What, says a writer, whom, no doubt, 
 the Attorney-Genera! admires, and with whose sentiments he 
 in general agrees ; speaking of the force of bad example, he 
 says, " one precedent, creates another — what ^yesterday was 
 fact, to-day is doctrine, and when both are wanting, the de- 
 fect is supplied by analogy." It would be indecorous in me to 
 pronounce this august tribunal as illegal ; but I do arraign the 
 proceedings as discountenanced by — as alien from, the spirit of 
 British law, and as unconstitutional. Gentlemen, this charge 
 is a conspiracy. Do no suffer your minds to be wrought upon. 
 The Attorney-General will tell you, that the benches in the 
 Theatre might be torn up — that the pannels of the boxes might 
 be broken — that the Theatre itself might be razed with the 
 ground, before he would file an cx-ojjicio, had not the Lord 
 Lieutenant been present. Gentlemen, this is a state trial ; 
 but the ridicule of riot does not rest upon us or on the Court. 
 The question is, whether there was a conspiracy or not, and 
 this 1 .-hall be able" to grapple with, and overcome. Gentlemen, 
 it was proved that these men arc Orangemen ; they do not dis* 
 
 i 
 
:' 
 
 60 
 
 guise it ; they glory in it ; they boast of it. Perhaps it is not 
 ray private opinion that this society or system is well calculated 
 to attain the ends to which it aspires, but here I differ from 
 the wisest, the most experienced men in the country. Hare 
 these men ever been charged with disloyalty to theSovereign or 
 his Representative? Their loyalty is an inborn and inbred part 
 of their existence — it is " flesh of their flesh," " bone of 
 " their bone." It is not the loyalty of a day, or a minute, or 
 an occasion, or a purpose — it is not the loyalty which atones 
 for a factious illegality to-day, by a cringing sycophancy to- 
 morrow — it is with these men a pure, a fervent, a holy pas- 
 sion — their enemies say a prejudice. The Attorney Gene- 
 ral calls your attention to the state measures of his Majesty. 
 Gentlemen, His Majesty's Cabinet are not on their trial, and 
 with that Cabinet in your capacity of Jurors, you have nothing 
 to do. He has next adverted to the dressing of King William ; 
 *ipnn that subject I shall give my private opinion — if the 
 opinion of an humble individual can be at all important. 
 
 " Gentlemen, I do think that that exhibition of bad taste, as 
 the Attorney General calls it, should be abolished. — I do think 
 that that idle and unnecessary ceremony should and aught to be 
 dispensed with. There is not a man in the community more 
 desirous than I am that my Roman Catholic fellow- subjects 
 should have the full benefit of the acquisitions of industry — the 
 prize of talents, and the rewards of loyalty — I have avowed this 
 at public meetings and in private companies — I have avowed 
 it in canvassing Protestant electors : but, notwithstanding all 
 * this, I confess I was taken by surprize when T saw the revered 
 image stripped of its accustomed honors, which had been the 
 old man's pleasure, and the poor man's pride. When I saw the 
 captive monarch inclosed by armed men, and fortified by dou- 
 ble rows of infantry and cavalry, as if some Soipian barbarian 
 from the Tarns and the Volga, had meditated to mollify the 
 marble monarch into dust." — ()oud and vehement applause ) 
 
 Chief Justice— -This is not to be wondered at, but at the same 
 time, such an exhibition is unsuited to a Court cf Justice, and 
 cannot be tolerated. 
 
 Mr. North then resumed. " When such were my feelings, 
 what must have been the sentiments of those who consider 
 Orangeism and Protestant Ascendency the main-props of the 
 Constitution ? I shall not presume to follow the Attorney Ge- 
 neral in his panegyric on Kin^ William. Were I even an ido- 
 lator of that great man, I would not, by attempting to sing his 
 praises, deface the impression which the Attorney General has 
 made. I shall not attempt to follow the flight of that sublime 
 imagination, whose freshness and fertility are unequalled. I 
 shall not grapple with that "mint of mind, ' whose power ha* 
 coined such beautiful imagery, and whose discretion has so ju- 
 
61 
 
 diciously applied it. I shall not shoot arrows at the sun, or at- 
 tempt to stop the veering of the wind. To follow the Attorney 
 General would be a task not less difficult than either. But the 
 Attorney General is not to be otfended at the offerings of the 
 poor and the lowly. The rude wonder of the Shepherds was as 
 palateable as the niyrhh and frankinsense of the Eastern Kings. 
 You were told that the mantua- maker did not rightly adjust the 
 millinery. You were told that the painter had not the imag na-« 
 tive power of a Rubins, or the graphic art of a Raphael; but 
 it is the feeling, the delightful enthusiasm, that I look to, not the 
 taste ; and I will not quarrel with these poor men, if they did 
 not, in their offering, equal the first of artists — the Attorney 
 General. But there was nature in their offering ; it sprung 
 from the best feeling of the human breast — feelings which w a 
 cannot resist, but do not understand. There are a thousand 
 chosen feelings of this nature to be cherished, springing from 
 the same soil and parentage — drawing one sword for the same 
 Sovereign--bowing down before the same altar of a common, 
 faith ; these are bonds as sensitive as they are strong, and never 
 were they brushed or broken with impunity. The feeble, pli- 
 ant Hindoo, who bows his neck before every Conqueror, had 
 never permitted one change in his faith. Nor Tamerlaine, nor 
 Zindas, n«r Wellesley were able to effect this. And why, there- 
 fore, Gentlemen, would you expect such a sacrifice from my 
 clients. Gentlemen, I admit that the undressing of the Statue 
 was, with these men, unpopular ; so it was with the Common 
 Council, and many of the Guilds, when the Lord Mayor had 
 issued his Proclamation. Then the Lord Lieutenant goes to the 
 Theatre for the first time, although he had been a year in the 
 country before. Don't imagine, Gentlemen, that the Lord 
 Lieutenant goes to the Theatre for the purpose of seeing the 
 play — it is no such thing. The Lord Lieutenant goes to receive 
 applause, and if he deserve it, is sure to be signified. The 
 L?rd Lieutenant goes with this object, and Handwich wishes 
 to oppose the ride of popularity. Is there any thing criminal 
 in this, and has any thing more been proved? My clients go to 
 an Orange Lodge — they profess devotion to the King, and the 
 Royal Family — they determine to inform the Lord Lieutenant 
 of what was concealed from him by his friends — namely, the 
 unpopularity of preventing the dressing of the Statue ; and 
 they further determine to call for the " Boyne Water." This 
 was the tune that rallied and roused the blood of their ances- 
 tors, and associated the glory of a bye gone age with the pre- 
 sent time. 
 
 " Gentlemen, perhaps my clients went also for the purpose 
 
 of shouting and groaning the Lord Mayor; but, Gentlemen, I 
 
 have yet to learn whether there is any thing in the name of 
 
 Lord Mayor (ex vi termini, as the grammarians call it, or Ex- 
 
 ifficioj to speak with the Attorney*- General) — (laughter)— 
 
6f 
 
 which shields him from the disapprobation of his fellow -citizen?. 
 I have never heard that his sacred presence — (laughter) — w;is 
 environed or " hedged in" by the divinity of Majesty. I have 
 never heard that he could touch for the evil, or that his white 
 mace possessed the magic influence of Abraham's rod — 
 (laughter.) Gentlemen — Any one who has an adequate con- 
 ception of the powers of the Attorney -General, must know 
 that he possesses the singular faculty of rendering the plainest 
 things startling, singular, and extraordinary. But afteF the 
 examination of Atkinson, every one must have felt that the 
 evidence of the Attorney General was crumbling and dilapidat- 
 ing. It is said that the Traversers had another object beside 
 manifesting disapprobation ; but 1 deny it. Perhaps when they 
 "wished that his Excellency should quit the Theatre, they also 
 wished, with the blessing of God — (laughter) — that he should 
 quit the country too- But, Gentlemen, one of the witnesses 
 says, that he advised the parties to leave their sticks behind 
 them, and he does not venture to swear that they did not take 
 his advice. But, Gentlemen, where were the means, the in- 
 struments, the arms, the guns, the pistols, the swords to drive 
 him from the Theatre? We'll get him away, says one — yes, 
 •gays another, I will arm myself with a whistle — 1'il whistle him 
 oft — (laughter.) — Very good, says a third, and I will hiss him 
 with a clapper — (laughter.) — Oh, says a fourth, 111 split his 
 skull with a vial — no, I beg pardon, a quart bottle, which only 
 Itolda a pint — (laughter*)— JLet us suppose the fifth a tailor, 
 who would, 
 
 * r- — " His quietas make 
 
 With a bare bodkin." — (Laughter.) 
 
 And thus was the Lord Lieutenant to be driven to the Pigeon- 
 house, or Howth, from thence to be shipped with ^steam and 
 smoke for England — (laughter.) But, Gentlemen, look a 
 little nearer at these wise conspirators ; they did not get near 
 his Excellency; they went to the upper gallery with that 
 *' infernal machine" the rattle, and determined to be sure of 
 letting his venerable head, by ihe utter impossibility of seeing 
 him at, ail. — Oh! wise and enlightened conspirators, excel- 
 lently wicked traitors. George Atkinson says they went to 
 the right hand side of the gallery ; but the fact is, these men 
 were at the extreme left. Now, I ask, has this evidence a 
 shadow ef probability ? On whose evidence have you all this ? 
 on the evidence of two brothers ; the sworn allies of these men 
 who get possession of their secrets merely to betray them. — 
 Are these the Judas's — the arch-traitors, on w hose testimony 
 you will convict. These fellows belonged to an Orange Lodge, 
 but the bond of that oath is insignificant, when compared with 
 the friend&hip they have betrayed. Is it lucre that has urged 
 oil these wretches ? if it be I hope their reward will be in hard 
 
t>3 
 
 •ash. I hope they will have no place as a compensation, and 
 thus spread an epidemic treason through the Country. Gen- 
 tlemen, would you take a limb from a spider, a leg from a fly, 
 on such testim ny. But 1 shall be told, doubtless, by the 
 Solicitor-General, that these men might tell truth, though thry 
 break confidence. But I am not a living man if every word they 
 have uttered be not a lie. I won't defile my mouth by the epi- 
 phets to which these men are entitled. Gentlemen, George 
 Atkinson says that he went to the Lodge, at the Phoenix-park, 
 that the sentinel stopped him and that he did not stop to rea- 
 son or argue with the sentinel ; and after all tin's he supplies 
 the whistles and joins in the supper and conviviality, JSo man 
 can believe this evidence. But I ask, why did not the Attor- 
 ney-General prccuce the sentinel ? Be he English, Irish, or 
 Scotch, 1 am sure he would give the lie to George Atkinson. 
 There is a grea; latitude given to a Jury, but no such latitude 
 as this, that I believe a part, but not the whole. Then comes 
 the brother, ' par nobile Jratrum ;" the drops of sweat steal- 
 ing down this man's forehead, and the whole contour of hi* 
 visage reminded me of what Dr. Johnson said of Calibans 
 face in the M Tempest.' — " It is clouded by the gloominess of 
 his temper, and the malignity of his purposes.'' When asked 
 to explain, his answer was, "did not occur," and had these 
 words the felicity pf an Italian idiom, they would be held up 
 to every fluttering, stammering witness, as a second " Non mi 
 ricordo'S' This witness now seeks out for a locus penitenlice^ 
 and gives his conscience a little resting place, by letting out 
 that no true Orangeman could have thrown the bottle — so 
 much for the two Atkinsons. With respect to Wm. Graham, 
 my client, there is scarcely a tittle of evidence. Mr. Low- 
 lier, states that he bought six pit tickets, but truth is, that he 
 went to the Theatra in company with persons who will prove 
 he bought only one pit ticket. There were a number of these 
 foolish placards, which, if they had been overlooked, had 
 never been further heard of, and Graham picked up some of 
 these. Lambert states that Graham groaned his Excellency. 
 Now, it will be proved that, on the contrary, he cheered him, 
 although he did not cheer the Lord Mayor. It will also be 
 proved, that Graham left the pit at the conclusion of the se- 
 cond act. I come now to the other defendant, Henry Hand* 
 wich, my client also. The assassinating part rests with him. 
 "Who are the persons who attempt to establish this ? Henry 
 Handwich was in the third row of the upper gallery, 
 where there are a number of props, &c. supporting the ceiling, 
 and from the third row he flung this bottle at the Lord Lieut. 
 The first is, that " ore rolundo" Gentleman, the Jew, or 
 jeweller, (I beg his pardon, I thought he was a Hebraist) wh» 
 has spent all his time in London. I wish this vsnue had been 
 
64 
 
 laid in Covent-garden, where I will venture to say, this witness 
 is better knowii. I would be sworn the inhabitants of the 
 Strand, York-street, Catherine-street, James-street, Henri- 
 etta-street, and St. Martin's-lane, can give him a right good 
 character. 
 
 «* Gentlemen — Is it probable that a man of good character 
 would leave that mart of Gommerce and of wealth, where a 
 man of industry is sure to succeed, to take up his residence in 
 Dame-court, Dublin. This witness, Gentlemen, spoke by the 
 yard — he lectured us, and spoke like Birbeck, who went to 
 Illinois, he too, like Birbeck, may give, if he ever dare to 
 return to London, some note of the savage inhabitants. He 
 says Handwich was near an empty space Do you believe it ? 
 Was it not packed close ? What was Tiernan s evidence of 
 it? It was a running hand that all might read. They were 
 packed, says Tiernan — there never was such a crush. Which 
 do you believe — the thorough Irishman or the Anglo-Irishman 
 — a seedling grafted on the English stock — possessing all the 
 clogged pertinacity of the one, without the frankness of the 
 other. We have another — the far-famed Dr. M'Namara, from 
 BalHnakill, and Graduate of Salamanca. I heard " mind 
 your fire," says the Doctor ; how fortunate is it that a fabri- 
 cation is always unsupported, and here there is not the slightest 
 corroboration. Moreover, lie says that he recognized the bottle 
 in its transit. Transit ! — sage astronomer ! Morally speak- 
 ing, it is impossible the bottle could have descended without 
 being observed by 7 or 800 persons' at least ; but nobody saw 
 it but the Doctor; no giggling girl, no telescope could discover 
 except that of the astronomer of Ballinakill. Vounders 
 upon vounders, says the Dutchman, and here are vounders 
 with a vengeance— to say that glass, a substance more elastic 
 than ivory, and 1000 times as fragible, could fall from such a, 
 height unbroken. But here is a miracle indeed ; Mr. Barton, 
 who sits in the orchestra, takes up the bottle without getting 
 off his seat ; it must have therefore fallen from the pit or 
 boxes, the impetus was so slight. But why is not the bottle 
 produced; we should then see whether it contained porter or 
 whiskey, or whether it was starred? I admit that Forbes, (for 
 whom I am not concerned, but whom I think a frank young 
 man,) I admit that he 'was intoxicated and intemperate, but I 
 deny that he has done any thing criminal. It is a rule of law 
 that " mens rea fecit reum," and apply this in the present case. 
 But what is the real extent of the gui't of the Traversers if 
 guilt itcan be called ? I have always thought it was the privi- 
 lege of the English and the Irish to give expression to a public 
 feeling. They are not to excite terror in expressing it ; but 
 short >f that (I may be wrong). I have always thought they 
 had a right to express a public and political feeling. However, 
 
65 
 
 if I am to lose this privilege, I will not part with it without a 
 struggle. The Attorney General has set Up for a reformer of 
 the Theatre— (laughter). I hoj>e he will sketch out a plan 
 more defined than that of the political Reformers— I hope he 
 will state how much is to be conceded to the boxes—how much 
 to the pit— how much to the galleries. I hope it is not the 
 presence of the King or the Lord Lieutenai.t that will frown 
 the audience into Eastern sycophancy, or silent submission, 
 In the classic writers of our language, we shall find examples 
 numerous enough, of the exertion of this valued privilege. 
 You remember the Trunkmaker in the Spectator you remem- 
 ber the history of Cato, written for the purpose of giving vent 
 to those " grand swelling sentiments or liberty/' which were 
 so opposed to the Tory and intolerant Administration of my 
 Lord Bolinbroke, and Treasurer Harley. On this occasion, 
 Booth, the actor, who personated the character of Cato, in- 
 stead of being rebuked, or an ex'-officio filed against him by my 
 Lord Bolinbroke, was taken by that Nobleman into his especial 
 favor, and presented with 60 guineas, although Cato had the 
 merit of silencing those who aspired to overthrow the reigning 
 
 family, and who wished to assume a perpetual dictatorship 
 
 The Duke of Rutland was gallant, gay, and chivalrous. He 
 lived in times when hospitality and profusion were considered 
 as manly virtues— as indispensible duties. The Noble Duke 
 never went to the Theatre without some allusion being made to 
 his profligate character, but although insulted he had the grace 
 to blush, and the good humour to smile- I assert that the 
 privilege of asserting opinions on public subjects was never ex- 
 ercise !, even in the most arbitrary times. Even the Ttftdon 
 and Elizabeth were innocent of such a crime. Returning from 
 her Parliament, after having conquered the Armada, and sub- 
 dued the spirit of Spain, Elizabeth was hissed and insu'ted.— 
 She had a Court of Star Chamber, and an Attorney General 
 ready to file his ex officio. To neither of tln.se did she resort ; 
 she retired to her chamber ; she smote her breast, ad acknow- 
 ledged the justice of the sentence of her people. You have all 
 heard of the O P riots at Covent Garden. They lasted for six - 
 ty-six nights, and were violent in the extreme. When ihe r. ; - 
 oters were brought before a British Jury, they found security- 
 even against the charges of the Judges, and when pressed by 
 Sir James Mansfield to give a verdict tor the King, they Mid 
 they did not think it necessary to punish a man lor wearing a- 
 placard in his hat. The Attorney General says t!.at yWr ver- 
 dict may advance National Conciliation. National Conciliati- 
 on ! Consider well before you suffer 3 our judgment to be ei - 
 trapped ; remember that there is not a Bishop or a Secretary 
 thatdoes not try some nostrum, some Dr. Solomons BaJiu Ji 
 Gilead, to heal our troubles and take the vertigo ftruoi our head. 
 
C&mcilfatfon- — migi? and mvstcrious xrord, 
 
 Farced and unnatural remedy 
 
 " That still so near us, and so far off flies, 
 C»urtcd by fools, as well as by the wise." 
 
 Gentlemen — The swelling tide of popular feeling will not be 
 staved— the boisterous billow of political contention will not 
 be calmed by force. Gentlemen, I witnessed the entry of hit 
 Majesty — 
 
 " Asa fair morning of the blessed spring, 
 Such was the glorious entry of our King, 
 Enriching tndistgre fell on every thing-.'' 
 
 But although the King did much, he did not, nor can he, 
 deprive men of their principles. Party spirit can only be 
 stilled, when 
 
 " You are to its virtues \ery kind, 
 And to its faults a little blind." 
 
 Gentlemen — Ex- Officios, without bail or mainprize, cannot 
 conciliate, nor can your verdict be just, and mind not conci- 
 liation. Disabuse the Lord Lieutenant, and tell him there 
 is no dagger but the " air-drawn" one of his imagination. 
 
 FOURTH DAY— Thursday, Feb. 6. 
 
 Mr. Johnston, at the opening of the Court, argued a consi- 
 derable length against the proceeding by an information filed 
 ex-officio by the Attorney- General, after the Grand Jury had 
 ignored bills of indictment, which had been preferred against 
 the same persons on the same testimony. After having quoted 
 several cases from law books, and other authorities, he re- 
 viewed the evidence which had been given against the Traver- 
 sers, with his usual ability and zeal. 
 
 Mr. Scriven, said, that hewas Council for Brownlow ; one of 
 those deep and bloody conspirators, who had been charged 
 with the atrocious offence of endeavouring to take away the 
 Jife of the Lord Lieutenant; and that it was his duty to enter 
 on the defence of his client ; but that after the brilliant and ex- 
 traordinary display of eloquence from Mr. North, which the 
 Court and the Gentlemen of the Jury had witnessed yesterday, 
 and after the particular manner in which Mr. Johnston had 
 gone through the evidence which had been adduced on the part 
 of the Crown, it could not be expected, as indeed it would not 
 be allowable, for him to go into any extent of observations on 
 the prominent facts of the case. The general topics has been> 
 ail exhausted ; the particular facts had been — 
 
 Here .Mr. Scriven was stopped by the Chief Justice, who 
 wished to know whether it was the intention of the Law Officer* 
 of the Crown to press for a conviction against Brownlow. — 
 His Lordship said that the Court had taken into their consi- 
 deration all the evidence which had been adduced against him- 
 
07 
 
 P 
 
 and had weighed well the testimony which applied to him. It 
 appeared that Brownlow was neither at the meeting at the 
 Shakespeare Tavern, nor at the meeting in Werburgh-street $ 
 that he was neither at the buying of the tickets, nor at the 
 transactions in the Theatre. The whole of the evidence which 
 applied to him only went to the transactions in the Tavern in 
 Essex- street. The evidence was, that he sat there with the 
 other Traversers. It also appeared that he was rebuked by one 
 of them for not having been at his post, and that he defended 
 himself by saying, that he was in as good a place for the pur- 
 pose, in the pit- That admission, which is the whole of the 
 evidence against him— * 
 
 He'-e the Attorney General rose, and made a short obser- 
 vation. 
 
 The Chief Justice — We must then leave the question to 
 the Jury. 
 
 The Attorney General said — My Lord, under the obser- 
 vation which your Lordship has made, I do not think I would 
 be justifiable in pressing tor judgment against that individual. 
 Mr. Scriven — Then the issue is to be sent at once to the 
 Jury, as to Brownlow. 
 
 Ths Attorney General — No, no. no. 
 
 Mr. Scriven — It could not be allowed that I should go into 
 his case at any length, and the more particularly, after what has 
 fallen from your Lordship ; but I am concerned for another 
 traverser. 
 
 The Attorney General — We stated in the outset that every 
 person should have a full opportunity of availing himself of 
 every opportunity for his defence. Air. Johnston has stated 
 a case for one of the traversers; Mr. Dnscoll has stated a 
 case for two of the traversers ; Mr. North has stated a case 
 for two more of them ; there only remains one, whose case 
 is to be spoken to — and that is Brownlow's. 
 Mr. Scriven — I am concerned. 
 
 The Attorney General interrupted Mr. Scriven by saying, 
 that he (toe Attorney General) thought that he was discharg- 
 ing his duty in at ceding to th# suggestions of the Court ; 
 and that he thought bis acquiescence was not calculated to do 
 an injury to Mr. Scriven's client. LL s<iid that if Mr. Scri- 
 ven had thought proper U>Jore£o his intention of speaking to 
 the ease lie, (tne Attorney Genera! ) would have felt it to 
 be his duty to abstain in the course of examination of the 
 witnesses who might be produced on the defence, from' asking 
 any questions which might tend to affect* Brownlow ; but 
 thai if Urownlow's Counsel conceived himself to be discharg- 
 ing his duty ro his client, he mig'it go on with his speech. 
 
 Mr. Scriven immediately declared that he would not abuse 
 the privilege/ and that he wuuld close biff mouth. He would, 
 
 X 
 
C8 
 
 however, take the opportunity of acknowledging the candou? 
 of the Attorney General in this part, as well as in the entire 
 of the prosecution; he (Mr. Scriven) would not intrude his 
 opinions on the Court and the public, though there were 
 some topics not touched upon by others, which he would 
 otherwise have felt it to be his duty to urge. 
 
 FOR THE DEFENCE. 
 
 Mr. Trench sworn — examined by Mr. Blaclcburne. 
 
 Witness lives at Haywood, near Ballinakill, in the Queen's 
 County ; knows Dr. Bernand M'Namara; does nut know much 
 of him; he heard of Dr. M'Namara by character; knows Dr. 
 M'Namara's general character, as far as his (witness's) judg- 
 ment goes ; witness is a magistrate of the Queen's County ; 
 knows Dr. M ; Namara's general character ten years ; does not 
 know him much; knows him generally. Q. From his general 
 character, do you believe him to be worthy of belief on his 
 ©ath ? 
 
 The question was objected to by the Attorney General, and 
 after along argument it was settled that the question should 
 be put in such a way, as that the answer of the witness should 
 state whether it was the general opinion of the county, and 
 not merely of any individual in it, that Dr. M'Namara was not 
 worthy of belief on his oath. 
 
 Q. Now you have heard the nature of the question, what is 
 your answer I I must speak in some degree from my own means 
 of knowledge ; I have been a Magistrate for 40 years ; upon 
 my oath I would not believe him. 
 
 Cross-examined by the Attorney -General. 
 
 I have not been in habits of conversation with Dr. Macnama- 
 ra, in general, because I always avoided it, except when he was 
 brought before me, or came before me as a Magistrate to take 
 his depositions ; I have a dislike to the man from his conduct. 
 Did he ever do you an injury ? Never; I have known that per- 
 sons lodged informations against him, and he lodged informations 
 against those persons ; he is a troublesome litigious man. 
 
 Q. Because he is a troublesome and litigious man, you would 
 not believe him on his oath ; is that your meaning Mr^ Trench f 
 No. Do you not feel a little warmth on this occasion ? No. Is 
 not the impression you have, that he is a litigious, troublesome 
 man ? I adhere to my original intention to think that he is not 
 a person to be believed on his oath. Dj you mean to say that 
 in a matter in which he was disinterested, you would not believe 
 him ? I had an — (a pause) — I should be inclined to disbelieve 
 him. Only inclined ; then you admit that he might be believ- 
 ed on his oath sometimes ? No ; I should absolutely, positively 
 disbelieve him on any question. So if he came into Court and 
 swore to any matter that was indifferent to him, you would dis- 
 believe him — would you t (After a long pause) — 1 don't undep. 
 
 
69 
 
 stand the question ; I don't think myself bound to answer the 
 question. The question was repeated. On my word — 
 • 'Mr. Attorney General here reminded Mr. Trench that he was 
 on his oath. On my oath I should strongly hesitate, if I did 
 not decline to believe his evidence. You said a while ago that 
 you would absolutely and positively disbelieve him — what do 
 you say now? I would absolutely disbelieve him. Without any 
 qualification? No, no. Well! what do you say now ? I would 
 actually and absolutely disbelieve him. Suppose he came in to 
 swear that he was in the Theatre, on Saturday night, you would 
 absolutely believe that he was not in the Theatre, but that he 
 was in Ballinakill pound? (Laugh). Would you Mr. Trench ? 
 I would not absolutely, but I would believe nothing from him 
 unless it was confirmed by a person of veracity. It must de- 
 pend in a great deal if he had an interest. Then, if he had no 
 interest you would believe him ; would you i Not absolutely. 
 Suppose the thing was indifferent, would you believe him ? I 
 could not say that I would disbelieve every thing. (A laugh). 
 Attorney General — We are here getting into a little state of em- 
 barrassment; we must understand the articles of your belief in 
 Dr. Macnamara — (a laugh) ; we must understand your ortho- 
 doxy— (a laugh) ; I am afraid you are wavering in our be- 
 lief — (a laugh). If he said he saw the Lord Lieutenant, you 
 would disbelieve him, (After a long pause) I would not say. 
 Suppose that he said that he was at the playhouse, would you 
 believe him? I might or I might not believe him— (a laugh). 
 You have said more than once, that you absolutely and positive- 
 ly disbelieve him on all occasions. You said again, that you 
 might believe him or not ; then I believe that we must leave 
 you to the Jury, like him, to say whether you ought or not be 
 credited ; (a laugh) ? I speak only from his general character. 
 Did you ever hear of a charge of perjury being preferred against 
 him in the country ? (After a long pause). A person who is a 
 Barrister, Counseller Arabin, if he was here, he could tell it. 
 
 P Attorney- General.— Never mind Counsellor Arabin, we 
 shall have him called, and he will answer for himself. 
 
 The question was repeated. Witness — I beg leave to call 
 Counselor Arabin. 
 
 Attorney- General — We will hare him called, but go on 
 yourself, and he will state what he knows for himself. 
 
 Witness — Sitting on the bench as a Magistrate, something 
 came under our observation, but Counsellor Arabin can ex- 
 plain it better than I can. Q. Never mind Counsellor Arabin, 
 tell what you do know ? There was no charge, but there is a 
 preparation for a charge of perjury against him. Then I am 
 to understand that something growing out of that transaction 
 has been added to your impression against Doctor M'Namara? 
 No answer. 
 
Attorney- General — If Mr. Arabia be produced I shall 
 prove to the satisfaction of the Court and Jury, that there 
 never was a more unfounded imputation than this In answer 
 to a question proposed by the Court, the witness said that there 
 was no prosesution, but that th*re was cue in preparation. 
 
 Question by the Attorney Genera)* — Is Mr. Arabinin town? 
 I don't know. Has not Dr. M Namara frequently appeared be- 
 fore you in the character of a prosecutor? He has. Has lie 
 tendered informations to you? He has. Has he sworn to 
 them? He has. Dj you believe him to be a warm man, and 
 that he has enemies in the Country ? I believe he lias. Upon 
 your oath, has he not many enemies in the County, who would 
 be glad to convict him of perjury, if he swore falsely ? There 
 are many persons, and I would be glad to convict him myself 
 if he swore falsely. Would they not be desirous ? Upon my 
 word I don't know whether they would be desirous to convict 
 him of perjury. I suppose the people he swore against would 
 be desirous or convicting him of perjury ? No answer. I 
 wish to ask you a few questions about Ballinakill pound. He 
 was indicced for breaking the pound, and rescuing cattle. — 
 Upon your oath, did not the facts of the case appear before 
 the Magistrates to be these ; has not Mr.Arabin some property 
 in the Co. ? I don't know, he has some claim in property. Is 
 not Dr. Macnamara in the possession of some property in the 
 County ? I can't exactly say, at least he claims the possession 
 of some property. I ask you Sir, is he not in actual posses- 
 sion of some property ? I believe he is in possession of some 
 leasehold interest. 
 
 Attorney-General. — Was ever the like of this seen •, I ask 
 you, if Dr. Macnamara is in possession of a certain property, 
 and then, you tell me that Dr. Macnamara has a claim to the 
 possession — w r hatkind of possession, is a claim to possession ? 
 and then when I press for an answer, to know whether the man 
 is oris not in possession, you tell me that it is a leasehold pro- 
 perty ! I did not ask whether it was a fee simple, or a fee tail. 
 or a quasi fee simple, or a freehold, or what denomination of 
 property it is ; and yet you tell me that, it is a leasehold, 
 though you did not say to me at once who was in possession of 
 it, which was what 1 asked and all I wanted to know. Q. Are 
 there any tenants holding under him? He is in possession of 
 a leasehold interest. There again — the quality of the tenure ! 
 1 ask you, Sir, has he any tenants under him — don't be fen- 
 cing with me. Was there not some question raised with respect 
 to cattle on the land that had been held by Dr. M'Xamara ? 
 There was. Was it not respecting the cattle he was convicted ? 
 No answer. Did you not tell me a while ago that he was con- 
 victed of breaking the pound and for a rescue of the cattle ? 
 A pause. Did you not tell me so ? Let me think. I ask you 
 
71 
 
 was he not tried for a rescue ? I believe he was. A rescue of: 
 cattle ? A breach of pound. Was it for breaking open the 
 pound, or for taking the cattle? It was for both. Was it not 
 for taking cattle from the pound that had been on that very 
 land ; Was it not for taking cattle that were upon that land 
 that were driven by Macnamara himself for rent, before any 
 rent became due to him ? 1 believe it was. Did he not take 
 the cattle off the land before the rent was due and put them 
 into pound ; to pursue this transaction would be getting into a 
 detail much too long? I brieve it was. Don't you believe 
 that he took the cattle out of the pound himself when he 
 found that the distress was illegal? 
 Witness — Give leave to state. 
 Attorney General — No, no. 
 Hoc Age — Give me an answer. 
 Witness — Before 1 answer let me give you a reason. 
 Chief Justice — First answer the question, and then give a 
 reason. 
 
 Witness — I believe he broke open the pound, but there 
 was a detainer lodged against the cattle. Q. What! what do 
 you mean by a detainer given to a pound-keeper ; I don't un- 
 derstand how that is done ; this is a new branch of jurispru- 
 dence to me. ( A loud laugh. ) What is the form of lodging 
 the detainer on the cattle in the pound ; for I for one. don't 
 understand how that can be done, (a laugh) ; 1 wiah to be 
 enlightened I y the local authorities. (A laugh.) 
 
 Here Mr. Trench became faint, and he called for a gla^s 
 of water; when he recovered a little, the Attorney Genera! 
 said to him will you have this orange, though I don't mean 
 to insinuate by it that you are of that complexion? (A loud 
 laugh in every part of the Court.) 
 
 Mr. Trench shortly afterwards holding out towards Mr. 
 Attorney General a bit of the Peel of the orange, said, give 
 me leave to present to you, in return, some of an old acquaint- 
 ance, (loud laughing and cheering in the Court.) 
 Cross-examinaiion resumed* 
 W r ho lodged the detainer ? I believe some creditor of the 
 tenant. The cattle were the cattle of the tenant, and some 
 detainer was lodged with the pound-keeper, and Dr. M'&a- 
 mara took away the cattle which he himself had impounded? 
 was not these the facts ? Yes. Was the pound on the land 
 or off the land of Dr. M'Namara? It was not on the land of 
 Dr. M'Namara. The pound breach, of which you and the 
 Magistrates convicted him, was for taking out of the pound 
 the cattle which he himself put in the pound, which was not 
 on the premises ? It was. Did you convict him and impose 
 a fine of £20. for that ? Yes ; there were other matters too, 
 What were they ? Stay, I have not in fact a sufficient recoi* 
 lection of them, and I want to thipjj. a littj^. 
 
Here the Attorney General rose and said that the decision 
 was as gross and illegal a decision as ever was made in the 
 course of time, and that he could not conceive any thing 
 more abominable. 
 
 Don t you believe that Dr. M Namara was sentenced to 
 three months imprisonment on that occasion ? ( A lon^ pause.) 
 1 am thinking there were a great many cases tried at the 
 time, and as I have not a perfect memory, I am endeavour- 
 ing to recollect myself. 
 
 Attorney General — Don't hurry yourself. Don't you be- 
 lieve he wa6 sentenced to pay a fine of £20. and to be im- 
 prisoned three months? That was the sentence- Don't you 
 believe that this circumstance joined to the other general 
 circumstances, made an impression on your mind, not to be- 
 lieve t-ie gentleman on his oath ? (After along pause) There 
 is a train of circumstances not connected with that, that made 
 such impression on my mind. You did advert to one circum- 
 stance, and I have unravelled it. If I should ask you about 
 other matters, you might enter into an explanation of cir- 
 cumstances ; but until I shall do so, you must not tell those 
 circumstances. You did mention one circumstance, and as 
 I have happened to know something about it, 1 adverted to it, 
 and showed what the facts were. You might allude to others, 
 of which I could have no immediate knowledge, the circum- 
 stance might be of the same kind as the facts for which the 
 sentence of three months imprisonment, with the fine of £20 f 
 was pronounced. 
 
 When Mr. Trench was leaving the table, Mr. Attorney 
 General said, 1 shall keep this (the peel) careful ly — r-( A 
 laugh.) 
 
 Mr. Trench.— I hope you will not want it long, (laugh.) 
 John Pounden sworn. 
 
 Witness knows Forbes for two or three years ; was in the 
 Theatre on the 14th Dec. last; saw Forbes in Flanagan's that 
 evening ; was in the tavern before Forbes came ; it was about 
 ten or eleven o'clock; probably later whenForbes came ; Forbes 
 supped there ; witness can't say the number of persons who 
 supped there that night ; witness sat within eight feet of the 
 box in which Forbes supped ; saw two gentlemen of the name 
 cf Farley and Troy in the box opposite where Forbes sat ; For- 
 bes and his party were talking loudj Forbes was greatly irrita- 
 ted ; witness wished to hear about the Theatre, and he listened 
 to what was said; Forbes did not appear to be sober; to the 
 best of witness's recollection, he never heard Forbes say of the 
 Lord Lieutenant, the Devil help him, or the Devil mend him ; 
 witness heard Forbes say, that no true Orangeman would 
 throw ths rattle o ■ bottle. 
 
 One of the Jurors wished to know whether witness said 
 could or "would was the word. 
 
73 
 
 Witness, i think tvould was the word ; witness never heard 
 them say that they would take better aim the next time ; wit- 
 ness staid until twelve o'clock. 
 
 Question by the Court. The conversation took place in the 
 box opposite Troy's and Farley's, but Forbes and his paity 
 sapped lower down ? Yes. 
 
 Cross-examined by Mr. Solicitor General. 
 
 Many expressions might have escaped witness's notice, as he 
 was in conversation occasionally with his own party ; Mr. Far- 
 ley and Mr. Troy were more opposite than witness to P'orbes's 
 box ; witness was not so attentive to the conversation of F orbes's- 
 party, while they were at supper, as at the other time. 
 Mr. Benjamin Smith sworn. 
 Witness is in employment in Finlay's Bank ;<was in Flanagan's, 
 in Essex- street, on the night of* the 14th December; was there 
 about 11 o'clock; witness saw Mr. Pounden there, Mr. Gra- 
 ham and Mr. M'Cullagh ; did not hear any of those persons 
 say of the Lord Lieutenant, the Devil mend him, or the De- 
 vil help him; did not hear any of them say ; we will take bet- 
 ter aim the next time: heard them talking of the missal 
 which was thrown ; heard him say, that wherever the person 
 was who threw the bottle, he was no true Protestant ; he said, 
 we have many bad Protestants among us ; and that he was no 
 Protestant that threw it. 
 
 Cross-examined by Mr. Lefroy. 
 Witness saw Forbes, Graham and M'Cullagh come in nearly 
 together; has no recollection of the two Atkinson's being 
 there. Who else was there ? No answer. Repeat the names ? 
 Those are all I recollect ; When Forbes came in he called for 
 punch; Forbes was in an irritable state when he came in ; he 
 said, that it was a pretty thing that he should be brought to a 
 police-office, and that John Fleming should have known his 
 ( Forbes s) father better than to put him in a watch-house? 
 I)id they talk about the bottle, or about the rattle, or about 
 the sticks ? I don't recollect any thing about the rattle, or the 
 sticks, but about the bottle ; witness was in the Theatre that 
 n'ght in the pit ; he went by himself ; witness left the Theatre 
 after the whole performance was over ; witness is quite sure 
 that he did not quit the Theatre till the whole performance 
 was over ; witness was not in company with William Graham, 
 but he met at the pit door when he was going in ; did net 
 see William Graham in the house. What is the number of 
 your Lodge ? 16l\2. That is Graham's Lodge ? No. At- 
 kinson's Lodge ? Yes. When did you last attend that 
 Lodge ? Not thsoe six months. Were you in Daly's, in 
 Werburgh-street, the week before that night? A pause— I 
 can't say ; I have no recollection. Then you say you were not 7 
 I don't say I was not ; I might have becu there. Try, recol- 
 
U 
 
 lect distinctly ; what time of the day was it; morning or eve- 
 ning, that you were there ? I was never in the habit of going 
 in the day ; it was in the evening. When the Lodge is over 
 do not they sup together? No, only on particular nights 
 when a purple Lodge is held, which happens only quarterly ; 
 I did not sua at Daly's one night in that week. Have you 
 supped there lately ? I might have supped there. Whom did 
 you meet there the last time you were there, before the 
 Theatre night ? I can't recollect'. Perhaps I might help you 
 
 Did you see Forbes ; I might ; I can't recollect. Did you 
 
 see Graham ? I don't recollect ; I can't recollect and parti- 
 cular person. Did you see any particular person ; you told 
 me you were in the habit of going there constantly? I can't 
 recollect. Did you hear any thing about a subscription ? I did. 
 I heard it rumoured. 
 
 Mr. Driscoil objected to this as not being legal evidence. 
 
 The Court said there was a mode of putting the question, 
 and they disallowed the answer. 
 
 Did you hear from any of the members of the Lodge any 
 thing about the subscription 
 
 Mr. Driscoil objected to the question, and the Court over- 
 ruled it. 
 
 Do you know any thing of the subscription ; had you any 
 conversation with Forbes, M'Cullagh, or Atkinson on the 
 guoject? I don't know one I had a conversation with on 
 the subject. 
 
 The Court to Mr. Driscoil— Your observation with respect 
 to Atkinson is not well founded ; we apprehend it to be 
 evidence of a furtherance of a design. 
 
 Mr. Pen-in quoted a book in support of Mr Driscoil. 
 
 The question, however, was put again, and the witness 
 said that he did not hear it from Forbes, Graham, or M'Cul- 
 lagh. Witness heard several speak of their intention to go 
 to the Theatre ; he knew nothing of the intention of the 
 men going to the Theatre. Do you say that you were a 
 stranger to their intention to go to the Theatre ? ( A long 
 argument ensued between the Counsel, about the using of the 
 word stranger in the question, it was at last withdrawn.) — 
 "Witness did not go to the Theatre until after eight o'clock 
 on that night. What was the nature of the placards you 
 saw in the Theatre? It was about the " Morning-tone." 
 Did that mean the Lord Mayor? I don't know; it might 
 mean the Lord Mavor for aught I know. ( A strong sensation 
 was manifested in the Court.) When you read that placard 
 you did not apply it to any person ? I do not recollect the 
 words; I did not know what it applied to. To whom did 
 you in your own mind apply it & I don't know ; if I saw a 
 copy of it I might be aoie to form an opinion. „ . 
 
75 
 
 Here one of the handbills was given to the witness, who read 
 it ; it was as follows. 
 
 " The Ex-Governor of the Bantams must change his Morn- 
 ing ton-e." The witness pronounced the last words, as if writ- 
 ten " Mornington." 
 
 • Witness in continuation. At first I did not know to whom it 
 applied, but I asked and I was told by others that it alluded to 
 the Lord Lieutenant. Have you any doubt about it ? No ; from 
 what I hear. You said that Forbes's party first called for punch 
 and after an interval, that they called for supper, how many 
 were together ? About five. Did they sup in the same box? 
 They all supped together. 
 
 Question by the Court. What do you mean by supping in 
 the snrne box ? I mean they supped together. I asked you did 
 they not call for punch first, and then, whether they supped 
 afterwards ? They all supped in the same box. How nearly 
 opposite to the box in wbieh they supped were you ? They sat 
 in the direction of that corner to me. Did you see Farley and 
 Troy? Not until they were going out; they sat in the op : o&Xd 
 box to Forbes's box, and I sat in the next box with my face to 
 them. Did you see them remain at supper f I did. Did you see 
 the cloth taken away ? I did. But were Troy and Farley oppo- 
 site to them at supper ? They were. Was it while they were 
 at supper, or after, that the expressions were uttered ? Yes. 
 
 Question by a Juror. Did you see Forbes and Graham in 
 the same box the whole night ? They did not leave it the whole 
 night; I was there before they came in, and after they went out. 
 Mr. Charles Broad, sworn. 
 
 Witness is prompter at the Theatre ; witness gave a plan of 
 the Theatre to the Crown Solicitor ; witness recollects Michael 
 Farrell's going to the Theatre when witness was about making 
 that plan ; Farrell pointed out to witness the situation in which 
 he said Handwich stood, in the centre of the two pilasters of 
 the left side of the gallery ; thee are four pilasters b :J two half 
 pilasters in the one shilling gallery ; witness said that the spac* 
 between where Handwich stood, and the extremity, was equal 
 to the one-fifth, and the one-half of a fifth of the entire seat ;he 
 could not tell how many feet were in the space, for he had ne- 
 ver measured the distance between the pilasters ; witness said 
 that the height of the parapet} in the front of the upper gal- 
 lery, was between one foot and two feet, but he could not say 
 exactly, be would not swear it is two ; the parapet would reach 
 as high as the middle of a man's thi<rh when standing ; there 
 are five seats in the middle gallery in front of the parapet of the 
 upper galley ; if a plumb line were dropped from the parapet, 
 it would tou^hthe sixth seat. 
 
 Lady Kossmore, sworn. Examined by Mr. Driscoll. 
 Her Ladyship sat in the box next to the Lord L k utenant in 
 the Theatre, on the night of the 14th December last ; sheheald 
 
76 
 
 a great deal of noise, but did not feel the least alarm ; (Toad 
 laughing in every part of the Court, in which her Ladyship join- 
 ed most heartily). Her Ladyship was in the second row, on 
 that side of the box 'furthest from the Lord Lieutenant ; she did 
 not perceive a bottle thrown, as her sight is grown imperfect; 
 her Ladyship could scarcely say that she saw a stick or some- 
 thing thrown at the Lord Lieutenant's box : whatever it was 
 her Lady .ship was not alarmed at it in the slightest degree — (a 
 loud laugh); the noise was trifling; her Ladyship explained 
 this part oi^ her evidence by saying, that the noise of the stick 
 when it hit the cushion, was slight : her Ladyship often heard 
 a great deal of noise whenever there was a crowded house, but 
 as her hearing is imperfect, she can't say whether she heard a 
 greater noise than on that night. 
 
 Cross-examined by Mr. Torrens* 
 Lady Anne Gregory sat next to the Lord Lieutenant, and 
 Miss Gregory next to witness ; both had a much better oppor- 
 tunity of seeing what occurred than witness; witness thought 
 she saw something flit before her eyes ; her attention was attract- 
 ed to it by Miss Goulburn's starting; it fell on the next box; 
 witness supposed it fell in her own box; it struck the cushion ; 
 her memory is decayed, and she can't recollect the time when it 
 struck the cushion ; Mrs. Goulburn was much alarmed. Vv hat 
 effect had it en Miss Gregory? As far as I could see, not the 
 least. Her Ladyship did not see Captain Webster send out for 
 wine and water for -diss Gregory; has no recollection that La* 
 dy Anne Gregory was alarmed. 
 
 The Attorney General desired that Captain Webster might be 
 called, to prove that he sent for wine and water for Miss Grego- 
 ry, who had been fainting. 
 
 James Henry Btocas, examined by Mr. Spear. 
 
 He was in the upper gallery the night in question. Saw 
 Henry Kandwich in the left hand side of the upper gallery, 5 
 or 6' yards from the end; should think he sat on the second bench 
 from the front of the gallery saw a large stick and no bot- 
 tle in his hand : w r as distant from him only 7 paces ; witness 
 sat on the third bench : if he had stood up and thrown any thing 
 imquestionaliy he must have seen him, to the best of his belief 
 it was impossible without having been observed by him ; there 
 was no vacant places ; witness was squeezed exceedingly. 
 Cross-examined by the Attorney General. 
 
 Went to the gallery about a quarter before stven, got in 
 with difficulty ; made way to the third row ; thinks it a dozen 
 paces from the centre to the extremity of the gallery ; Henry 
 Handwich attracted his attention immediately after the com- 
 mencement of the play, by calling out, " God save the King," 
 and M song, song;" he kept his eye on him almost incessantly 
 the entire evening ; got a glimpse of Mr. Liston ; saw the 
 
Lord Lieutenant very imperfectly ; kept looking at Henry 
 Handwich, because he could see nothing else ; Handwich and 
 man}' c thers in the gallery joined in the chorus ; Henry 
 Handwich roars most vociferously, (roars of laughter) ; heaid 
 the u Boyne Water. ' Cl the Memory," and M Down with 
 Ribbonmen," incessantly, that is, witness means very fre- 
 quently ; heard clown with the Papists ; the party abused the 
 Pope a good deal ; a man gives a toast who haci a bottle, that 
 toast was, M Here's the Pope, bad luck to him, and all that 
 wish him well." Popish Wellesley he is rather di^p.ised to 
 think applied to the Lord Lieutenant. (Laughter.) Thinks lie 
 heard a groan for the Lord Lieutenant; is positive that meant 
 Lord Wellesley ; on his oath he does not believe there was a 
 bottle thrown that night ; there were no women in the gallery ; 
 he therefore thinks the rattle was thrown by a man or a boy ; 
 never said to Alderman Darley, when he arrested Handwich, 
 you have arrested an innocent man ; heard no talk of any 
 bottle being thrown when Alderman Darley came into the 
 gailery ; heard many crying from the gallery, that is another 
 calf's head plot ; witness was sure no Orangeman ever threw 
 that bottle 
 
 The Attorney General — Did you ever say when pointing to 
 Handwich, there's the villain who threw the bottle ; never 
 knew a person named M'Can ; had a conversation with him, 
 but not with respect to the bottle ; said outside the Police 
 Office that the principal disturber was in custody, come in, I'll 
 point him out ; for unquestionably he was the most noisy and 
 troublesome man he ever^ laid Ins eyes on. (Laughter.) — 
 Handwich, the witness swore, never left his place the entire 
 night; knows Mr. Gunning ; M'Can said he had played cards 
 with the Lord Mayor; spoke to Mr. Gunning about what had 
 passed in the Theatre ; he said Lord Wellesley had drawn his 
 sword in the Theatre, and witness believes that is false. 
 
 The Attorney General — Did you say to Mr. Gunning that 
 you could almost prove the throwing of the bottie ? Never* 
 Did you say to Mr. M'Can, there's the man who threw the 
 bottle, pointing to Handwich ? Never. Never heard look 
 out boys, exclaimed in the gallery ? The Police were not 
 on the alert sufficiently to prevent noise, but exerted them- 
 selves to aid Alderman Darley. 
 
 The Counsel for the traversers offered as evidence, a copy 
 of the bills of indictment, which had been ignored by the late 
 Commission Grand Jury. The Court declared it to be inad- 
 missible as evidence. 
 
 Here the ca?e on behalf of the traversers was closed, when 
 Mr. Attorney General said, that as it was so late, lie hoped 
 that the Bench would not expect the Solicitor General to 
 {peak to evidence until the next day. 
 
The Judges, after a short consultation said, that they could 
 not comply with the wish of the Attorney General, on ac- 
 count of the great pressure of the pubic business, and on 
 account of the great portion of time which the trial had al- 
 ready occupied. There were several cases which were in- 
 tended for trial, but whieh it was doubtful whether they could 
 be brought to an issue at the expected time. There was ano- 
 ther consideration for refusing to comply with the request, 
 inasmuch as the Court could not think of adjourning at an 
 earlier hour on that day, than on any former day; but they 
 would, for the purpose of accommodating the Solicitor Gene- 
 ral let him go on with a part of his speech this day, and 
 allow him to resume it on the following day. 
 
 The Solicitor General rose, and addressed the Court 
 to the following effect : — 
 
 He could have wished it had suited the convenience of the 
 public to defer the addressing their Lordships and the Jury, till 
 the next day; he should, however, yield to the wishes of the 
 Court, though at that moment ill prepared for reviewing the 
 evidence, and replying to the ingenious and eloquent addresses 
 of his Learned Friends who had spoken for the Traversers.— 
 He congratulated the Court and Jury on the approaching con- 
 clusion of a trial, as interesting and important as had, perhaps, 
 ever occupied that Court — a trial which concerns the Govern- 
 ment, the wishes of his Majesty, and the injunctions of his 
 Majesty's entire Council ; and here he would take this oppor- 
 tunity of disabusing the public mind from an impression, that 
 the institution of this proceeding had been the single act of any 
 individual, by telling them it had been the in obedience to the 
 unanimous wishes of the British Cabinet. He thought it right 
 in the outset to declare thus much, because for some tinrfe past, 
 his much respected and Learned Colleague had been loaded 
 with obloquy, and the exalted and*distinguished individual at 
 the head of the Irish Government vilified and traduced, and 
 that engine whose power should contribute to the promotion of 
 morality, protection of our liberties, and increase of our in- 
 tellectual delights, had been used to insult and wound the 
 feelings of its venerable supporter, and liberal patron, owing 
 to the present proceedings. But, Gentlemen, it is right this 
 transaction should be investigated; as good subjects and peace- 
 able citizens, you must all have felt the necessity of inquiry, 
 and that the nature and extent of the offence should be ascer- 
 tained and proclaimed, that justice should be dealt out, the 
 guilty brought to punishment, and the innocent relieved from 
 the odium which the crime has attached to a country, where of 
 all others it is most indignantly abhorred. Under this convic- 
 ton the law officers (with whom he was not only associated, 
 bur, identified with his Learned Friend the Attorney -General) 
 
79 
 
 determined to bring the matter before the competent tribural. 
 Whether they done their duty efTectualry, it was not for him to 
 say, but that they had discharged it honestly, they would con- 
 fidently appeal to that public, whose opinions became valuable 
 when reason should resume the seat now occupied by passion 
 and prejudice. That the present proceedings had been by some 
 arraigned as unconstitutional, he was not surprised; but he 
 confessed he was more surprised to hear it arraigned in th^t 
 Court, and by men high in character for legal knowledge and 
 ability. There is no proceeding better known to the Constitu- 
 tion, or sanctioned bv time, as a part of our criminal juris- 
 prudence When they say there is a difference between an ej£~ 
 officio filed after a Bill had been ignored, they speak rashly, or 
 at least they do not speak what they think. Mr. Johnston h.n 
 happened to adduce those ca§es for our defeat, which I meant 
 to apply as our support. Sir JVI. Hale, he tells you, says it is 
 the safest way *o proceed by indictment ; but he does not t H 
 you it is the only legal way upon a criminal information, for 
 Sir M. Hale himself obtained informations, and pronounced 
 judgment in such cases. The next author he quotes is Black- 
 stone, whom he tells you speaks oS criminal informations thus : 
 f* This great power was originally reserved in the British Con- 
 stitution for the errors and mistakes of Grand Juries, for it is 
 the great plan of the British Constitution, that every evil 
 shall have a corrective provided for it, so that the errors and 
 mistakes of Grand Juries, are provided for by the granting 
 of Criminal Informations." This exercise of criminal infor- 
 mations, never extends to where the life is at stake, but to such 
 offences in which the passions of them are apt to carry them— ~ 
 it is on these lesser ottenees provided in order to guard aeainst 
 any improper interruption of justice on the part of the Grand 
 Jury. There were originally two Judical Officers, known to 
 the law — the one the Master of the Crown Office, and the 
 other City Governor, by whom criminal matters were tried and 
 determined. These powers enjoyed by those Judical Officers 
 were afterwards concentrated and rested ia this high Court* 
 and the power they now vilify, the King only enjoys in com- 
 mon with the meanest of his subjects ; who, it they corns 
 forward and can make out a case, this Court is ever ready to 
 exercise its great powers in granting them redress. A criminal 
 information was a matter of kindness to the parties, granting 
 them an early trial, and time to plead — and if convicted, they 
 have time allowed by the Court, before judgment, in which 
 they may be heard by their Counsel in mitigation. When the 
 powers of the two Judical Officers he mnntioned were res* 
 trained, that of filing a criminal information, was left by the 
 common law in his Majesty's Attorney-General, and he is an- 
 swerable for any unsound exercise ef that privilege. The At- 
 
go 
 
 torney -General having this discretionary power, if he should 
 apply to the Court of King's Bench for a criminal information, 
 the Court would say — if you think this is a case requiring a 
 criminal [information, you have the power vested in you [ez~ 
 rfficio) to file it yourself; we will not therefore interfere with 
 your prerogative — and if the Attorney-General (in whom only 
 the power ties ) had not filed this information, but he (the So- 
 licitor-General) came into Court and applied for it, the Court 
 would have immediately granted it, on the grounds that he had 
 applied to the ordinary tribunal, the Grand Jury, whose door 
 was shut against him; and in order that justice should not be 
 defeated, his application would have been acceded to. And is 
 it not therefore a monstrous proposition, that a relief which this 
 Court would have granted to the Solicitor-General, or any 
 other subject, mustjbe refused the King in the person of his 
 Attorney-General Indeed he could hardly think the Learned 
 Counsel serious when he used so extraordinary an argument 
 for inducing this Court to refuse entertaining a criminal infor- 
 mation, merely because a Grand Jury had not found the Bills. 
 "Why these are the very grounds upon which the Court of 
 King's Bench acts and exercises its high prerogative. The 
 Court would first inquire if the ordinary tribunal had been re- 
 sorted to, and finding it had but without effect, it would then 
 grant the informations in order to punish crime by the only way 
 left. It was not his wish to advert at all, if it could be avoided, 
 to the Grand Jury who ignored the Bills ; but if ever there 
 was a case for sending men to trial, it was this case. He was 
 called upon to make these observations reluctantly, because 
 they have relied on the ignoring as affording them an argument 
 to throw up to the Jury box as a defence. A witness cross- 
 examined by the other side said, that he was before the Grand 
 Jury on the present subject, and was asked two questions, and 
 there as he was about to tell them what he knew, they shut him 
 out, and told him that he had slated .enough ; and yet it is that 
 conduct they would wish brought forward here as a defence for 
 individuals connected with it; but they knew perfectly well 
 why they did so, and their object was that it might serve as a 
 beacon to be followed by the Jury he was then addressing. — 
 But he trusted the Gentlemen knew their duty, and would 
 perform it. He did not care if ever}' man on the Jury was 
 an Orangeman; for if he heard their ob'igation tru-y, as bla- 
 zoned forth by the examination for the defence, it is to aid the 
 administration of justice, not to obstruct it — to enforce, not to 
 oppose, the execution of the laws. If there were any associa- 
 tions he had alluded to upon the Jury, he conjured them not to 
 surfer party piejudice to operate against the faithful discharge 
 of that sacred obligation made to their God and tiieir Country. 
 This was a prosecution carried on for the purpose of bring- 
 in- to justice tlie persons who have committed the outrage of 
 
81' 
 
 which the people of Ireland had so unanimously and indig-. 
 nantly declared their abhorrence. It does not affect their 
 lives, but subjects their persons to the discretionary punish- 
 ment of" tli is Court, and one advantage the Defendants have 
 in this mode of proceeding, there is a day appointed for them 
 to receive judgment, and affording them an opportunity of 
 being heard in mitigation — and these are advantages they do- 
 not possess by the ordinary mode of proceeding. The Jury 
 had heard from the opening of the case, that it was an infor- 
 mation containing several counts, charging the traversers 
 with having concerted and agreed together to do the acts 
 charged in the informations, namely, to groan and hiss the 
 Lord Lieutenant, and to assault his person. There was . 
 another information perfectly distinct, charging that the tra- 
 versers did conspire and agree together unlawfully, and ri- 
 otously, and there did make and procure, and cause a great 
 noise and confusion while the Lord Lieutenant was there ; 
 and in another count of the same indictment, that they con- 
 spired to insult, and did insult and assail the Lord Lieute- 
 nant ; and here he should beg to call their attention to the 
 case, with reference to the different counts. Their Lordships 
 would tell them, that if any one of the counts was proved, the 
 general charge in the information would be established, as in 
 the case of Hunt, 2d Campbell. This was an information for 
 a libel In a Newspaper, and where the prosecutor was unable 
 to prove the composing the libel as stated in one count, it 
 was decided that proving the publishing was sufficient, as it 
 is invariably enough to prove his having committed any one 
 of the crimes charged. The same rule was laid down in the 
 case of the King against Williams (in Hawkins) where the de- 
 fendant was charged with composing and printing, publish- 
 ing, and where there was no proof of printing, and the learned 
 Judge laid it down, that the defendant might be found guilty of 
 composing and publishing which was the sabstantive crome, 
 and again the defendant may be found guilty as far as the resi- 
 due goes; which may be proved. The overt acts charged, are 
 preparing and distributing hand-bills and purchasing tickets, and 
 again for throwing divers missiles, arrd it would be for their 
 Lordships to say, whether any or all of tLe counts were sustain- 
 ed, and in his opinion there were certain public acts of the tra- 
 versers, which afforded positive proof of the conspiracy, and 
 which must be considered as sufficiently substantiated, for the 
 Learned Judges would tell them it was necessary to prove the 
 parties having engaged in the conspiracy, and that the acts ol'ti.e 
 parties were quite sufficient, and the Jury would be bound to 
 convict: but in the present ca,~e they had proved more than the 
 acts of the parties. To be sure the two witnesses who proved 
 the conspiracy have been abusea in the strongest terms that were 
 
S2 
 
 ever applied in a Court of Justice, because the witnesses them- 
 selves had been engaged in the conspiracy; but, Gentlemen 
 should reflect that? no secret act ot conspiracy, owing to the na- 
 ture of the crime, could ever be brought to light if witnesses so 
 situated were not admitted as witnesses ; but the moral guilt of 
 the witnesses having engaged in a conspiracy, was considerably 
 extenuated by their not having known or considered at the time 
 there was any criminality in the proceeding ; but I am told that 
 so soon as he reflected on, or was informed of the dangerous ten- 
 dency of the conspiracy, the witness proceeded to the Park to 
 acquaint his Excellency, and make the only reparation for his 
 temporary breach of duty, and for so doing his evidence was not 
 to be believed in a Court of Justice, and why ? because he saw 
 the sentinel, who having prevented his admission, he in an un- 
 settled and agitated state of mind returned to town without ef- 
 fecting his purpose, all which was most natural and true, for he 
 saw nothing certain, but was in that doubtful, unbalancing state 
 men sometimes are, and in which any thing or nothing will cre- 
 ate a change in their minds when they meet Avith any obstructi- 
 on ; and he argued to himself that this apprehended crime might 
 not lead to the results he at first apprehended. The great and 
 important subject of obstructing Government in their measures, 
 and to drive his Excellency from the country by issuing from 
 their Lodge, in Werburgh-street, manifestoes prohibiting (the 
 King from sending over whom he pleases to govern us, was 
 clearly and satisfactorily proved by the evidence of the intention 
 of the conspirators, and confirmed by their subsequent acts. 
 The conspiracy hatched at the Shakespeare Tavern, and brought 
 to maturity at D Jy's in Werburgh-street, and acted upon in the 
 Theatre — and what measures do they take for carrying into ex- 
 ecution their sed'tlous designs? they collect at a public house, 
 work upon the turbulent minds of the lowest orders of men, they 
 provide them with sticks or bludgeons, but before they dispatch 
 them on their mission of wickedness, they are careful to ply 
 them amply with ardent spirits, in order to excite their turbu- 
 lent minds to the necessary degree of ferocity and desperation. 
 This you have distinctly proved to you on the oath of one wit- 
 Bess, and this was the force, in conjunction with the more re- 
 spectable conspirators distributed through the house, with which 
 his Excellency was to be compelled to quit the Theatre. Let it 
 not be said that the Lord Mayor was the object — they could not 
 drive him before the expiration of his year from his office. No % 
 it was only the Marquis Wellesley was to be the victim of their 
 sanguinary machinations ; but they say — oh, it was only inten- 
 ded to drive him from the Theatre by groaning and hissing, and 
 not assaulting him. Was it necessary to bring sticks to groan 
 him * no, Gentlemen, you cannot be so foolish as to imagine 
 they expected to atchieve their object by simply hissing him. To 
 be sure I've heard that throwing a bottle at his Excellency was 
 
33 
 
 nothing, if it was thrown at all, as indeed they gravely pretend- 
 ed to doubt, and they have had witnesses to prove that the bot- 
 tle was not thrown from the gallery. From the direction it 
 came in, it' could not have issued from the gallery ; oh, but some 
 young man in the pit, after drinking the contents, threw the bot- 
 tle on the stage. This thought came in good time when they 
 could no longer bear up against the ridicule of it coming from 
 the carpenter's gallery : but can you, Gentlemen, for a moment 
 doubt them having been thrown from the upper gallery after the 
 evidence of Mr. O'Flaherty, Mr. Farrell, the young Medical 
 Student, Dr. M'Namara, and Mr. Rooney ; some of these wit- 
 nesses have also proved to you, that they saw it strike the cur- 
 tain ; now do they meet this ? why do they not bring a witness 
 who saw the bottle come from some other quarter of the house ? 
 and see w T hat followed when they got into the Theatre, and it 
 will account for when the bottle was thrown from the left hand 
 side. On their arrival in a body of about seventy persons, they 
 rushed tumultuously to the right hand, but it was already occu- 
 pied, and to throw the bottle from where they were not surroun- 
 ded by friends would have been a dangerous experiment. But 
 Gentlemen, the evidence in support of the bottle having been 
 thrown is not confined to proving the hand that threw it ; it *s 
 quite sufficient for the purpose of this prosecution, to prove that 
 it came from some of the party ; but what is the evidence of 
 Farrell, a respectable man, who kept his eye fixed upon Hand- 
 wich the whole night ? can you doubt his testimony — can 
 you suppose that such a man came for w aid to perjure himself in 
 a case where he could have no earthly motive for so doing ? he 
 is a man in a respectable situation in life, has lived for some 
 years in this city, and though they knew from the commence- 
 ment that he intended to come forward as a witness, yet notwith* 
 standing all their exertions, they are unable to throw any discre- 
 dit on his evidence, other than his having left Ireland at the age 
 of two years old, and living from that time in London until the 
 last four years: then you have the evidence of Dr. M'Namara, 
 against whose testimony a Magistrate was to prove that in a 
 Court of Justice he was not to be believed, because he was a 
 a litigious man, and had been fined 201". and sentenced to three 
 months imprisonment, for letting his own tenants cattle out of a 
 pound, where he had put them himself; and yet the Magistrate 
 acknowledged he had frequently acted on the Doctor's sworn 
 informations. The Jury, he trusted, would not rashly discre- 
 dit a man in any situation of life for minute variations, when 
 the main points were corroborated. Farrell was unknown to 
 Dr. M'Namara, and yet the Doctor corroborates him in all the 
 essential particulars. Still they, Gentlemen, on the other side ar- 
 gued it was impossible Handwich could throw the bottle with- 
 out hitting some one behind him. Have you forgot the evidence 
 of one witness, that Handwich, and was moving about, and of 
 
 M 
 
another that h& was standing over him with a stick. Indepen- 
 dent of this direct testimony, is it not evident that a space must 
 have bee.i left from the rioters moving backward and forward. 
 Then these was the evidence of that notable witness,, Brocas, 
 who was produced for the defence. Brocas is at Gne time 27 
 paces from Handwich, and suddenly he finds himself quite close 
 to him., and yet he stated that himself .and Handwich were sta- 
 tionary. Surely that is incompatible with the act he was des- 
 cribing, and utterly impossible and incomprehensible. You 
 know the evidence of Mr. Cahill, the Medical Student ; he does. 
 not pretend to tell you who threw the bottle, but he tells you he 
 saw it in its progress over the pit, as if coining from over his head 
 in the upper gallery; you recollect the attempt made to entrap 
 him about the brown liquor or porter, and how soon the Jury 
 caught at it, thinking no doubt it was of wonderful import- 
 ance, until it was clearly and easily explained. Well there 
 was no impeachment of his evidence ; you saw him on the 
 table, and witnessed his demeanour and manner of giving his 
 evidence ; and yet if Brocas swears truly, this3^oung gentleman, 
 ,who belongs to no party, must jbave swore falsely, for Brocas 
 swore that he believed no bottle was thrown at all from the 
 galleL-y, so that he not only exculpated Handwich, on whom 
 he says he kept his eye the whole night, but also those whom 
 it was naturally impossible he could see unless similarly gifted 
 with Argus, and which perhaps he fancies is the ease, for he 
 was trying to get a peep now and then at Liston, then looking 
 incessantly at Handwich, and again on the Lord Lieutenant, 
 but that was of secondary importance to viewing Handwich, 
 who, by the bye was very inconveniently placed for the pur- 
 pose, being en a line with Brocas, and a crowd between them ; 
 these are inconsistencies, Gentlemen, not easily reconcileable, 
 yet I do not, after the example of my learned friends, brand 
 Mr. Brocas as a perjurer ; what he swears he may beiieve, 
 they maybe the workings of his fanciful brain, for he must be 
 either a painter or a poet but I would not call any man a 
 scoundrel, a rascal, or a villais, as has been done on the other 
 side, and where they would not complain of any contradic- 
 tion or inconsistency, but that the parties were witnesses ; for 
 the cause of justice ; the learned Gentleman conceived, entitled 
 him to stamp them with infamy all their lives; yet, he (Mr. 
 Brocas) has made a mistake in his testimony. I will not im- 
 pute to him the horrible crime of perjury, for he appears to 
 be a wild and vapouring kind of man, whose mind may not 
 be exactly framed according to the regulations by which other 
 men s minds are distinguished. This poetical painter came 
 to see the Lord Lieutenant, yet he could see no one but 
 Handwich, who appeared to him to be a much more agreeable 
 object. (Great laughter.) After the evidence of Mr. O'Fla- 
 herty, Mr. Cahill, a Medical Student, Mr. Farrell and Doctor 
 
85 
 
 M'Namara, and the other witness who have sworn to seeing 
 the bottle in its progress, and from the left hand corner of 
 the upper gallery, can you have any doubt of the bottle being 
 thrown by some of the party in that corner, and if you believe 
 it was thrown, who can doubt the object, when the intention 
 has been declared of driving the Lord Lieutenant from the 
 Theatre, and finally from the country ? Do you think the 
 bottle was intended to drive off the actors— why there were 
 none on the stage at the time — was it intended for any one 
 in the pit? The wicked and demoniac, they have proved them- 
 selves one, can hardly think they would throw it promiscu- 
 ously among their own friends and partisans, who, it has been 
 proved to you, were in the pit; and if a doubt exists as to the 
 destination of the bottle, why the destination of the rattle 
 puts an end to these doubts. Do you not believe, or can you 
 have a doubt, that one missile was intended for the same object 
 as the other, which it has been proved struck the box where 
 his Excellency sat, and cut the cushion ; and if it had struck 
 him in the temple, can you hesitate to say it would have 
 taken away his valuable life ? and at what time was it thrown ? 
 (and here is a good and satisfactory argument that must con- 
 vince the most incredulous) not when his Excellency was 
 unassailable ; but at the time he presented himself to the au- 
 dience for the purpose of joining in the universal cheer for 
 the spontaneous manifestations of gratitude for his Majesty, 
 then, and not till then, did they assail his Excellency. 
 
 You have heard rheir loyalty blazoned forth in all the pomp 
 of rhetoric, and commented on with great apparent faith in its 
 profession. But how can you reconcile this action to loyalty, 
 unless indeed it be loyalty to ferocious principles and diabo- 
 lical passions ? Why was it that they availed themselves of 
 this time? because they had no other opportunity and the 
 missile came within a very few inches of his p( rson : buf they 
 say evidence in proof of the bottle coming from this part\ is 
 not conclusive, and you cannot believe it. Gentlt men do you 
 recollect the conversation at Flanagan's, where regrut was ex- 
 pressed that the bottle had not taken effect — that it was a bloo- 
 dy rniss— and that the next time they would be better prepared. 
 This conversation! you had from two most respectable witnesses, 
 one an Attorney, and the other an eminent merchant ; neither 
 having any other object in view but the accomplishment oi jus- 
 tice. Have they dared to cast any imputation upon their tes- 
 timony or slur upon their credit? no, they stand unimpeach-» 
 e'd, and unimpeach&ble. 
 
 At this part of the Learned Solicitors argument it was near 
 five o'clock (the hour of adjournmtnt) and the Chief Justice 
 suggested to him that was a favorable moment for adjourning, 
 before he entered upon any new topic. The Court according- 
 ly adjourned till. the next day. 
 
FIFTH DAY— Friday, Feb. 7. 
 
 About ten o'clock the Solicitor General resumed He 
 begged to call their attention to a case greatly relied on by the 
 other side, but which had not been correctly quoted, and you 
 will see how different is the construction of the Learned Gen- 
 tlemen to that of truth, or of his Learred Friend, the Attor- 
 ney General. It is from the Common s Journals, and was 
 mentioned by the Attorney-General, in his opening statement, 
 as a case where a Grand Jury had in ignorance endorsed a Bill 
 — found, instead of ignoramus ; the Jury having subsequently 
 discovered their error, came into Court and made an affidavit 
 of the fact. The parties against whom the bills were found 
 resisted the quashing of the Bills, and prayed to be brought to 
 trial. The Bills were quashed, and the Attorney-General filed 
 Iiis informations ex-officio, and the Chancellor of Ireland, Sir 
 Constantine Phibbs, held some communication with the She- 
 riff, as to the mode of proceeding with the Jury. For this in- 
 terference he was brought before the House, but there was no 
 question of the Attorney-General's right to file the information. 
 The parties pleaded not guilty to the informations, and the 
 trial was fixed for Thursday, and on the day previous the 
 parties moved to have the informations quashed ; and on this 
 occasion two persons were examined, who, no doubt, might 
 have been very respectable in their stations, but certainly 
 were neither men of great legal authority or eminence, as was 
 stated by my Learned Friend, Mr. Johnston, for one was 
 merely the first Clerk of the Crown Office, and the other of 
 the King's Bench, the first named Tisdal, and the other Cal- 
 well. They were asked if they had ever known of an ex- 
 ijjicio filed after a Bill had been thrown out by the.Grand Jury, 
 :nd they answered they had no knowledge or such an occur- 
 rence. Why thai does not prove the measure to be uncon- 
 stitutional, but the reverse, because the Grand Jury having 
 interrupted the course of Justice, it became imperative upon 
 the Attorne} 7 -General to proceed in the only course left to 
 him. And^this is the|high authority adverted to by the Gen- 
 tlemen on the other side, simply that they had never heard of 
 such a prcceeding. With all cue respect to the Grand Jury, 
 he would say the Petit Jury on the Constitutional tribunal, 
 there is no doubt but the Attorney General might have 
 fited his informations in the first instance ; but here the 
 t omplaint is, that he first attempted to go before the 
 Grand Jury ; but no man of any legal knowledge, no Lawyer 
 \\h%» has considered the question, can entertain a doubt of the 
 legality of the proceeding, and so the Court would inform the 
 Jury. On the last day they had discussed the evidence of the 
 bottle haviug been thrown from the gallery, and that they 
 rievtr attempted to shew that it had been thrown from any 
 
8/ 
 
 ether part of the house. Gyles O'Brien proved he saw some- 
 thing which be could discern, as if throwing from the gallery. 
 Mr. O'Flaherty saw the bottle, and Mr. Farrell actually saw 
 the man throw the bottle, and Doctor M'Namara a'so saw 
 Handwich throw the bottle ; but his testimony they discredit, 
 because he deposed to having heard aery of ' boys, mind your 
 fire. ' But surely a man's evidence is not to be impeached 
 because he may have heard what another did not. Try by that 
 test the witness on the other side, observe what fell from that 
 incessant observer, Mr Brocas — why he swore that he heard 
 the expression of " down with the Ribuonmen ;" and yet that 
 expression was not heard by another person, among all the 
 witnesses produced — yet he did not consider that should in- 
 duce them to disbelieve him ; for in such a scene of turmoil 
 and confusion as had been described, the expressions used could 
 not be easily heard by all. Tiernan proved that the bottle 
 came from behind him and that it passed on to the stage. 
 And do you believe this and the other witness who proved the 
 fact, came here deliberately to perjure themselves, and with- 
 out an\ earthly motive whatsoever ? Gentlemen, the credit of 
 a witness is not to be destroyed by mere vituperation. Couple 
 this testimony with that of Brocas, who swore no one could 
 have thrown the bottle unseen by him. Yet did he come for- 
 ward when Alderman Darley was about to arrest Handwich 
 for throwing the bottle, and say " Alderman, you are about 
 to arrest an innocent man ; I saw that man the whole night, 
 and he could not have thrown the bottle." Why did he not 
 come forward then as he does now ? Oh ! he tells you, indeed, 
 he never heard of the bottle till the next day ? Now is that 
 probable — can it be credited — is there a man in the house that 
 night who did not hear of the bottle having been thrown — are 
 not these good grounds for impeaching the credit of a witness ? 
 From Mr. Farley's evidence it appears, that the bottle was a 
 subject of conversation at Flanagan's ; and did Forbes then 
 declare that the bottle was not thrown ? why not deny, instead 
 of vindicating the Orangemen from it ? This proves that the 
 throwing of the bottle was not innocent. ( Here one of the 
 Jury was observed by the Attorney General to laugh, and he 
 suggested to the Solicitor General, that perhaps the Juryman 
 did not understand him. 
 
 Solicitor General — Have I made myself understood, Sir ? 
 
 Juror — Oh, yes, Sir, perfectly. 
 
 The Solicitor General resumed — If they had not known 
 that the bottle was thrown, would they have thought it neces- 
 sary to vindicate the whole Protestants of Ireland. By the 
 evidence of Mr. Troy and Mr. Farley, it is proved that some 
 of the party exclaimed it was a " damn'd miss," a " bloody miss, 
 but we will be better prepared another time." This evidence 
 
S8 
 
 establishes clearly, that throwing the bottle was not so harm- 
 less or innocent an exploit as they would have you imagine ; on 
 the contrary, the dissatisfaction at its failure was expressed in 
 terms strong and not to be mistaken ; compare this testimony 
 with that of Brocas, who swore the bottle was not thrown at 
 all. Now if it was merely for amusement the bottle was 
 thrown, as others will have it, why could not an Orangeman 
 amuse himself as well as any other man. (Laughter.) If they 
 , were of opinion the bottle was not thrown, would they have 
 thought it necessary to vindicate themselves from the act. An- 
 other defence set up is, that Forbes was raging mad drunk at 
 the time — did he not say he was ready to sacrifice his life for 
 the support of Orangeism, and is there any thing incompatible 
 with his having used the expressions of regret, and that at an- 
 other time they would be better prepared ; prepared for what, 
 Gentlemen ? for that on which he was contemplating, " the 
 damned miss" that had taken place. If the missile had struck the 
 Lord Lieutenant and taken awa)' his life, and that such an ex - 
 pression had been made in a moment of deliberation, is there a 
 man on eaath who could have hesitated to indict Forbes capital- 
 ly; we are told that this language was used when in a state of ex- 
 asperation and warmth, and which in his sober moments he 
 would have abhorred. But, Gentlemen, if in these moments of 
 impetuosity, if he should knock a man's brains out, why the 
 next morning he will tell you he is very sorry for it, and that 
 be was warm. Gentlemen, the man who cannot restrain his 
 tongue, cannot restrain his hands ; the man who induces a num- 
 ber of infuriated ruffians to go to the Theatre, armed with blud- 
 geons, and maddened with liquor — persons over whom he 
 would have no controul and who, if they committed murder, 
 he would have been a fellow murderer ; a man who, instead of 
 expressing his regret at the bottle having been thrown, re- 
 proaches himself with nothing but the failure of an attempt at 
 assassination, is it at all improbable would have uttered the ex- 
 clamation of being better prepared : and these see the dan- 
 gerous coniequences that might ensue from such an exclamation 
 in a society where lawless passion appeared to be the sole regu- 
 lator of their proceedings — others would be found who, anxious 
 to outstrip Forbes's zeal, would net hesitate to effect what For- 
 bes only spoke of. But it has been attempted to be proved that 
 such an expression was not used. The witnesses, Troy and 
 Farley, have not stated that Forbes said it, but that it came 
 from the party at which he was present, and here you see the 
 aftoress and ability of Gentlemen on the other side. Pounden 
 and Smith are introduced, and Pounden is asked, did you 
 hear him say Devil mend him ; no, was the reply. Did the 
 lurried and ingenious Council ask him, did yeu hear the words 3 
 tfi-ime;! miss, or we'll be better prepared another time. 
 
89 
 
 Mr. Perrin rose and said, he had an impression upon hie 
 mind that the question was put. 
 
 The Solicitor General appealed to the Judges, who all look- 
 ed at their books, and declared an answer to such a question 
 did not appear on their notes. 
 
 One of the Jury thought the question was asked. 
 
 Another of the Jury raid it was not. 
 
 The Solicitor Genera J then resumed Then I am right. 
 
 My Learned Friend, Mr. Perrin, has not departed from his 
 usual ingenuity of going round and round the question, and 
 never putting it. They asked a question of quite a different na- 
 ture — did Mr. Forbes say we'll take better aim another time- 
 no, the expression sworn to by the two witnesses was, we'll be 
 better prepared anpther time. But, Gentlemen, all this wr.s 
 quite in unison with the lawless proceedings of sanguinary ruf- 
 iians, who prostitute the appellation of a loyal man, by making 
 it a sanction for the worst of purposes. Now compare the tes- 
 timony of Smith and Pounden with that of those notable eve's- 
 droppers, as Council call them. Look at Mr. Troy and Mr, 
 Farley, one confirming the other. These Gentlemen allow that 
 Mr. Pounden and Mr. Smith were in the room together, atfd 
 yet no such question was put to them, as, did they heer "we'll 
 be better prepared another time." Pounden says Forces and par- 
 ty left the box, and went to sup in another part of the room. 
 Smith says they did not quit the box the whole night. Poun- 
 den says the toasts were given after supper. Smith says they 
 were given immediately on their entering the room. Gentlemen, 
 you saw Smith swearing what was in contradiction to Pounden 
 on one side, and Troy and Farley on the other, and like the 
 young medical student, you took him up, but how different 
 was the effect. One dissipated a seeming contradiction, while 
 the other got entangled more and more in the mazes of false- 
 hood. You asked him if he saw the cloth laid and removed for 
 supper, and whether he was certain they remained in the same 
 box the whole night, to all of which he answered in the affir- 
 mative. Such are the witnesses opposed to the eve's dropper's, 
 as Mr. North calls them — eve's-dropper's because two respecta- 
 ble Gentlemen heard a conversation which the Government 
 were apprised of their having heard. They were unconnected 
 with any party, and the Government called upon them to come 
 forward and support the laws and the Constitution. You saw 
 at the moment Smith stepped off the table the confusion in the 
 enemy's ranks. As one brother stepped off, the other brother 
 stepped out, and very wisely, for the brother's inaccuracies 
 were certainly not calculated to obtain impartial belief to tie 
 same story from Mr. Smith. Smith said— I' spend my evenint ■& 
 at Daly's, but I never for six months went into the Ledge held 
 in that house. I knew nothing of the ph v, and to my asto- 
 nishment found a number of my brethren in the pit. Oh, said 
 
be, I saw some bits of paper — something about "Morning/e», 
 mind, not Morning tone, and did not know that it might not 
 have been applied to the Lord Mayor. The learned Solicitor 
 here hoped he was stating the evidence fairly, if not he was in 
 the correction of the Court and Jury. Brocas swore that Hand- 
 wich was the most troublesome man he had seen the whole 
 night ; he added, that he had seen some man drinking out of a 
 bottle at the other side, but does not attempt to shew what be- 
 came of it. They produced the promptnr to prove, in his 
 plumb line, that it was impossible for a person sitting by the 
 front of the middle gallery, to see a man stand up between the 
 second and third rows of the upper-gallery ; but theyjsaw the 
 plumb could not serve their purpose, and the prompter is dis- 
 patched after Smith. With respect to Graham, the evidence 
 was so strong of his having flung the rattle, and confirmed 
 by so many respectable witnesses, that he conceived it would 
 be an unwarrantable consumption of the public time were 
 he to recapitulate the evidence adduced against him; and 
 with respect to an assault, hold it in your recollection, it is 
 not reasoning, that a thing flung, must strike its destined object, 
 to constitute an assault ; and it is perfectly clear and plain, 
 that? here was an original design to commit the assault. It has 
 been argued, that it is a legitimate right possessed by every 
 one to go to the Theatre, make a noise and disturbance — such 
 a proposition was not tenable, for no one could conspire to go 
 to a Theatre to annoy any man, or turn him into ridicule — such 
 a conspiracy was often more injurious and deeply wounding 
 to the feelings than bodily injury. The Learned Counsel 
 have quoted to you the trial of the O. P's. — the verdict has 
 been stated to you, but not the law, which is, as I have stated 
 it — but the law of the case you will take from the Bench — 
 Auditors may approve of or hiss an actor, if they like or dis- 
 like him, according to their opinion of his merits or demerits ; 
 but if they go there with a premeditated intent to hiss that ac- 
 tor, it is a conspiracy ; if they go there with a settled design to 
 damn that actor, there is no doubt but it is a conspiracy, and 
 punishable by law. Aye, but I am told Mr. Forbes is a loyal 
 man, and therefore it is to be supposed, that if he breaks his 
 neighbour's head, the-law is to protect him. Kut let us see 
 what is their loyalty. It consists in insulting his Majesty's 
 Representative, flying in his Sovereign's face, and that of Lis 
 injunctions — that is their loyalty, forsooth. If that be their 
 loyalty, he could wish they had less of it. It has been argued 
 that an Orangeman will swear he Will keep the peace, as if 
 that were to be a justification of his breaking it, hi addition 
 to the natural obedience every subject owes the King ; an 
 Orangeman, it is said, takes an oath to observe them ; and 
 will you not visit with exemplary punishment the man who 
 violates all those obligations of supporting the peace, the 
 
91 
 
 King, the laws, nnd the Constitution ; ar.d how has the illus* 
 trious and insulted individual incurred the displeasure of these 
 infatuated, turbulent, violent men ? — by undressing the statue 
 of King William, in obedience to the commands of his Ma- 
 jesty, awl the concurrence of the entire Cabinet, of Lord Li- 
 verpool, Lord Eldon, and Mr. Peel. And is it for the Club 
 at Werburgh street to set at defiance the resolves of his Ma- 
 jesty and Government ? With some of the principles professed 
 by these persons I am known to concur, not in outrage, but in 
 the valuable part of them. If they wish the Catholics should 
 be content with what they enjoy, why let them do so in peace., 
 and be it your care to make them satisfied. 
 
 He would not attempt to draw the character of the Head of 
 the Irish Government, he would leave that to more able hands ; 
 but it was impossible at present not to remark upon the faithful 
 and upright manner in which that exalted individual had 
 srtictly, fairly, and honourably discharged the important duties 
 of his high office, since the first moment of his arrival in this 
 Kingdom. When he arrived he found this country in a state 
 the most embarrassing to a Chief Governor ; an Insurrection, 
 amounting to an ©pen rebellion, in the South — that pestilence 
 followed by wretchedness and starvation, yet, although of ne* 
 nessity, deprived of the assistance of the Attorney General, 
 and able Secretary of State, he laboured to a degree that the 
 commonest clerk would have considered drudgery. He knew 
 his (the Solicitor General's) sentiments upon a certain ques- 
 tion, before he did him the honor t*> appoint him, and yet he 
 never had alluded to his opinions in any manner whatever dur- 
 ing his frequent conferences, in the absence or the Attorney 
 General ; and if any man says that it is Lord Wellesley's wist! 
 to deprive persons of their political or constitutional privileges, 
 he says what is unfounded. He was bound in honor, he was 
 bound in justice, to say, for his frequ fit interviews with his 
 Excellency had i. Warded him frequent opportunities of marking 
 the never-ceasing anxiety, the constant alacrity, and the in- 
 Aincible impartiality, with which he discharged his high and 
 important trust. On his most solemn word he never yet 
 saw a more strictly impartial individual in his life, his sole object 
 was not to put down any party, but to deai justice to all. — 
 With respect to the hand-bills or placard., he said theJury had 
 it proved to them that they w^re showered down from the lat- 
 tices, and that William Graham had brought them into the 
 pit in a bundle ; and can any man doubt that it was by previous 
 concert to effect a certain purpose % The Learned Lord would 
 supply any defect from his statement of the law and the evi- 
 dence, and did not care what were their feelings out of Court ; 
 they had taken a solumn oath, and as they hoped for mercy 
 hereafter, he called upon them to entitle themselves to it by the 
 
 N 
 
52 
 
 honest performance of their duty ; he did not mean to impul* 
 any doubt of them, but instances have unfortunately occurred 
 before now of the violation of a solemn obligation. You have 
 entered info an agreement with your God, violate it if you 
 dare. I call upon you to weigh deliberately the evidence in 
 this case, and, as you hope for mercy hereafter, find your 
 verdict. 
 
 The Chief Justice commenced his charge as follows : 
 Gentlemen of the Jury — It is in general the duty of the 
 Court to call the attention of the Jury to the nature of the 
 evidence which has been laid before them. In some of the 
 statements which have been made to you, aeveral topics have 
 been introduced, which are not connected with the case imme- 
 diately before you. First, as to the question of the legality 
 or illegality of the Ex-officio Information not yet being decided ; 
 with this you have nothing to do, and on the plea of Not Guilty 
 being put in, you are bound to presume that proceeding legal. 
 Gentlemen, the next topic 1 wish you to exclude from your 
 observation is, the act of the Grand Jury in ignoring the Bills ; 
 that act of the Grand Jury is not in evidence before you. If 
 3t must be conceded as a fact, that the Grand Jury did ignore 
 those Bills, it ought to induce you to proceed with the greater 
 caution ; but, to say that their decision should govern yours, 
 would be monstrous. They have decided on their oaths. You 
 Will decide on yours. It is not by their judgment or their 
 consciences that you are to be influenced, but by your own. 
 It would, lead to conclusions of a very alarming nature, when 
 we consider the importance attached to this trial, if feelings 
 of a political tendency were allowed to influence your delibe- 
 rations. The political interests of the country are, in some 
 measure, involved in this case, and it therefore imperiously 
 calls for a calm and dispassionate consideration. You will 
 not, I trust, Gentlemen, give a political or factious verdict, 
 if political feelings are allowed to enter into that Jury Box, 
 the consequences must be deplorable. If they are permitted 
 to interfere with the course of justice, it puts an end to the 
 Constitution. Every subject of the realm who enters this 
 Court, leaves his political feelings at its threshold. You, a* 
 Jurors, are sworn to do justice in this particular case. Who 
 could forget, in this Christian country, that when man thus 
 takes on himself to award justice to his fellow man, he sanc- 
 tions the obligation by a solemn appeal to his God ? Are 
 you sworn to adjust the affairs of this country ? Are you 
 called on to decide the question of the Protestant Ascendancy ? 
 Are you impannelled to consider the legality of an Orange 
 Association ? Are you called on to declare whether concilia- 
 tion or discord shall prevail in this country ? No, Gentlemen I 
 you are sworn to try the particular case before you, and 19 
 
93 
 
 decide according to the evidence that hat been produced.— 
 Your first duty, Gentlemen, will be to consider if any, and 
 which of tiie traversers are guilty of the Conspiracy with 
 which they stand charged, and next, if any, and which are 
 guilty of the riot. There are two informations against the 
 traversers, the first, which is tor a conspiracy, contains three 
 counts. The second, for a riot, contains two counts. 
 
 (Here the Chief Justice recapitulated the various counts in 
 the indictment.) 
 
 Gentlemen, these informations involve as serious a charge 
 as can come under the denomination of a misdemeanor. It 
 may be necessary, Gentlemen, for the Court to define to you, 
 the nature of the crime with which the prisoners stand charged. 
 (Here the Chief Justice explained the legal construction of 
 riot and conspiracy.) 
 
 Gentlemen, we are of opinion, for I am authorised by my 
 brother Judges to say so, that if the evidence produced on the 
 part of theCrown is true.of which you arethe best judges, that it 
 is abundantly sufficient to support this information. It has been 
 said, Gentlemen, that an audience has a right to hiss. Gen- 
 tlemen, the rights of an audience are already defined. An 
 audience may cry down a play, or hiss, or hoot an actor ; an 
 audience may be noisy, but not riotous; besides, this must be 
 the feeling of the moment, if not, it becomes criminal, and 
 would have the effect of turning the Theatre into an arena for 
 factious rioters. The Theatre is a place of cultivated amuse- 
 ment, or as some say of moral improvement. I know of no 
 distinction between the rights of an audience and those of the 
 persons in this Court, except that respect which is paid to the 
 law. 
 
 I will read to you, Gentlemen, four questions for your con- 
 sideration. 
 
 First — Do'you believe that there was any riot in the Theatre 
 on that night. 
 
 Secondly — If you do believe there was a riot., do you believe 
 any or the prisoners took a part in it, and which of them t 
 
 Thirdly — Do you believe that the riot commenced on a sud- 
 den, momentarily, or was it the result of a previous con- 
 spiracy ? 
 
 Fourthly — If you believe that it was the result of a previous 
 conspiracy, were any of the prisoners, and which of them 
 were parties to it ? 
 
 Your duty is to judge from the evidence, if you believe any 
 of those persons guilty, you will find him guilty, and if you 
 believe, from the evidence adduced, any one of those persons 
 innocent, you will acquit that person. 
 
 I will now, said his Lordship, take the prisoners severally 
 Gentlemen, first there is Mr. Forbes— Mr. Lowther, the box- 
 
S4 
 
 keeper, states that he bought six tickets from him for that 
 j-jjgLit — tin's corroborates the statement of Atkinson- ' If any 
 Gentleman of the T ury, thinks that I have mistated anything, 
 I will take it as a favour if he vriii set me right — ( So ! no ! 
 from the Jury -box). Mr. Greaves deposed, that Forbes was 
 in the upper lattices, near whefe the placards were thrown 
 from at the time ; lie took him into custody with the whistle in 
 his hand. Tiiis is a further corroboration of Atkinson's testi- 
 mony. The next witness is Mr. George Farley, and if he 
 has deposed trul} 7 , the tacts which he has deposed to, relative 
 to the Tavern in Essex-street, are utterly inconsistent with the 
 innocence of Forbes, as to the riot or conspiracy. Mr. James 
 Troy's evidence goes to the same effect. Mr. Pounden, and 
 Mr. Smith, have been produced for the defence; they botli 
 go, to a certain degree, to support Mr. Troj-, and the other 
 respectable witness. 
 
 The next Traverser I shall point your attention to is Henry 
 Handwich. One witness, Christopher Moran, saw him rioting 
 in the gallery that night ; another witness M. Farrell, saw him 
 throw the bottle. But, Gentlemen, part of the defence set up is, 
 that there was no battle thrown, and that if their was, it 
 not thrown by. Henry tlandwich. Gentlemen, Brocas, was 
 his own witness, who was bi ought forward to exculpate him, 
 admits that he saw a stick or rattle thrown from the very same 
 place from whence it was alledged to be impossible to throw a 
 bottle. Dr. M'Namara has stated that he heard one of then* 
 s»y, " Mind your fire." Mr. Trench has sworn that Dr. M'Na- 
 ma*a is not entitled to credit. His own witness, Brocas, if you 
 believe him, has acquitted Henry Handwich of throwing the 
 bottle, of which he is not accused in the information, but he 
 convicts him of riot. Brocas gave more distinct and precise 
 evidence of the riot than all the witnesses for the Crown. To 
 separate the riot from the conspiracy, you must disbelieve the 
 evidence as to the words " Look ov.fc, boys/' and the printed 
 placards which had been circulated through the house. If I 
 take up these informations I could take something from the evi- 
 dence of this Brocas, in support of every count in each informa- 
 tion, and if he had not been produced on the part of the pri- 
 soners, I could almost have supposed, that it was from his tes- 
 timony the Crown Solicitor had drawn up the informations. 
 With respect to Matthew Handwich, the witnesses Eastham 
 and Moran, have been produced in corroboration of Atkinson, 
 in the case of Wm. Graham, Mr. Lowther, of the Theatre, 
 swore, that he (Graham) purchased six tickets for that night; 
 it is sworn to by a Mr. Lambert, that he distributed hand-bills 
 ui the Theatre, which he brought in with him ; Mr. Farley 
 and Mr. Troy swore to the facts which are utterly inconsistent 
 with the innocence of either William Gi\;ham or Forbes. 
 
$5 
 
 With respeet to George Graham, three witnesses, namely, 
 Mr. Philip Ryan, James Tiernan, and Serjeant-Major Harris, 
 have deposed to their seeing hiin throw the rattle. 
 
 Exclusive of the Atkinson's, there are fifteen witnesses who 
 * swore to the riot ; and also the witness Brocas. Among the 
 witnesses for the defence was Lady Rossmore ; she stated that 
 she was in the House on that night ; that she was not alarmed, 
 but that her hearing was not good, and it does her Ladyship in- 
 finite credit that she was not alarmed. — (Much laughter.) 
 
 Here the Chief Justice recapitulated from his Notes, the evi- 
 dence that had been produced, and concluded a most impressive 
 and luminous charge, by leaving the question as to the credibi- 
 lity of the witnesses, entirely for the consideration of the Jury. 
 
 Judge J ebb then shortly addressed the Jury — he expressed 
 his full concurrence in every thing that fell from the Chief 
 Justice. 
 
 Mr. Justice Burton also expressed his perfect concurrence in. 
 the sentiments of the Chief Justice, and was followed by 
 
 Jxidge Vandeleur, who spoke to the same effect. 
 
 At twenty-five minutes past three o'clock the Jury retired. 
 
 A Bailiff was then called, and being sworn, they were givea 
 in charge to him. 
 
 A few minutes after five o'clock Judge Jebb called the She- 
 riff, and desired him to inquire if the Jury were likely to agree. 
 
 The Sheriff returned with word that " they were.'' 
 
 At six o'clock the Sheriff was again called by the Court, and 
 sent to inquire if the Jury were likely to agree. 
 
 The Sheriff returned with word that ' e they had nearly agreed. 
 
 At the expiration of another half hour, Judge Jebb told the 
 Sheriff to desire the Jury to come into Court. 
 
 The Jury having Come into their box, and answered to their 
 names, Judge Jebb told them that, in a case of such impor- 
 tance, it was not the wish of the Court that they shoidd be hur- 
 ried in their decision. The Court would therefore adjourn un- 
 til nine o'clock, when the Judges would again take their seats 
 on the Bench, and receive the verdict, if the Jury had by that 
 hour agreed. If they should agree in the interim, messengers 
 fihbu'ld be left in readiness, who would apprise the Judges, and 
 they would return to Court then, and receive the verdict. 
 
 Here one of the Jury mentioned, 'that he thought it likely 
 they should agree in about fifteen minutes ; but the Court ex- 
 pressed a wish that they should not be hurried in their delibe- 
 rations. 
 
 One of the Gentlemen of the Jury here mentioned, that A 
 Juror was ill, and inquired if he would be allowed some water. 
 
 The Court gave directions to have some watef brought to the 
 Jury-room/ The Jury then retired again. 
 
 A Bailiff was here called, and being sWorn, was required to 
 keep all easement, fire and candle light excepted, from them. 
 
 The Jury were then locked tap; and the Sheriff having beeo 
 
m 
 
 told not to leave the Court, and to keep the gallery leading to 
 the Jury-room clear of all persons, the Court adjourned to nine 
 o'clock. 
 
 At nine o'clock, Judges Burton and Vandeleur came into 
 Court, and the Jury being ordered to attend, Judge Vandeleur 
 inquired if they had agreed to their verdict? 
 
 The Foreman said they had not agreed, and were not likely 
 to agree. 
 
 Judge Vandeleur then desired them to return to their room 
 until nine o'clock next day, when the Court would again sit. 
 The Jury then retired. 
 
 The Court ordered the Sheriff to allow no communication 
 whatever with the Jury, to lock the door of the Jury-room, and 
 keep the key himself, and to place a Tipstaff of the Court upon 
 the door all night. 
 
 The Court adjourned to nine o'clock next morning. 
 
 SIXTH DAY, Saturday, Feb. 8. 
 
 At 20 minutes past ten o'clock, Mr. Justice Jebb, Mr. Jus- 
 tice Burton, and Mr. Justice Vandeleur took their seats on the 
 bench. The Attorney and Solicitor-General entered the 
 Court shortly afterwards. 
 
 Mr. Justice Jebb — Mr. Sheriff ask the Jury if they have 
 agreed. 
 
 The High Sheriff went to the Jury Room and having re- 
 turned said — No my Lord they have not, nor cannot agree. 
 
 Justice Jebb — Mr. Attorney-General, you have heard the 
 answer of the Jury. 
 
 Attorney-General. — I have my Lord, perhaps your Lord- 
 ship would think proper to enquire, if there be a difference on 
 any points of law which your Lordship could explain — we of 
 Counsel for the Crown, do not think it right to interfere, my 
 Lord. 
 
 Justice Jebb. — Mr. Attorney- General, I think that the evi- 
 dence has been so very fully and fairly explained by the Lord 
 Chief Justice, and the points of law so distinctly and explicit- 
 ly denned, that I fear the Court cannot give the Gentlemen 
 of the Jury any further assistance — I shall ask them if they 
 ha\e agreed as to any of the Traversers. 
 
 Attorney-General. — In that case, my Lord, I have not any 
 desire that the Jury should be called out — they have not yet 
 agreed my Lord. 
 
 Justice Jebb — Let the Jury be called out. 
 
 The traversers were called, and appeared, they took their 
 seats on the bench which had been appropriated tor their use 
 during the trial, and which was erected on the left side of the 
 C< urt from the Bench, and within the Lawyers' Bar. 
 
 The Jury came into Court— they answered to their names. 
 
• 97 
 
 Mr. Francis Mills, Foreman, resumed the seat he had oc- 
 cupied during the trial, next to the Judges, the four next 
 Jurors sat in the same row with him, viz. : — 
 
 Mr. Francis Mills, Mr. James Wyon, Mr. Abraham Kar- 
 grave, and Mr. Edward Armstrong. 
 
 On the second row sat Mr. Neil M'Kenny, on the extreme 
 right next him, Mr. Thomas Fry, Mr. John Baker, and Mf. 
 Thomas Parker. 
 
 Behind them were, Mr. John Caldwell, Mr. Richard Dol- 
 lard, Mr, Richard Annesley, and Mr. Isaac Tyndall. 
 
 All the Jurors took possession of the places they had oc- 
 cupied during the five preceding days. 
 
 Mr. Justice Jebb — Gentlemen, have you agreed ? 
 
 The Foreman — We have not, my Lord. 
 
 Justice Jebb — We we wish to know if there be any diffi- 
 culty relative to a point of law which we could explain to you. 
 
 A Juror at the back of the box replied in a loud voice, 
 " we have no difficulty on any point of law whatever." 
 
 Justice Jebb — Gentlemen, have you agreed as to any of the 
 traversers ? 
 
 Foreman — We have, my Lord, as to William Brownlow. 
 
 Justice Jebb — Gentlemen, (to the Jury,) you may retire* 
 
 Attorney General — To the Chamber, my Lord. 
 
 Justice Jebb — Oh, yes, certainly to the Chamber. 
 
 The Jury retired. 
 
 The Attorney and Solicitor Generals bowed and withdrew. 
 
 Mr. Justice Jebb here inquired of Counsel for the Tra- 
 versers, if they had any thing on their part to move. 
 
 They severally replied they had not. 
 
 Here the Ccurt ordered the stats of the outer bar to be 
 cleared for the Lawyers. The traversers remained at the side 
 Bar. 
 
 The Attorney and Solicitor General returned, having been 
 absent only a few minutes. 
 
 Attorney General. My Lords, I wish to mention, that as 
 the Jury have declared they cannot agree, I shall not on the 
 part of the Crown stand in the way of any thing which your 
 Lordships may think fit to adopt. 
 
 Justice Jebb — The Court have the power to discharge the 
 Jury wh«n the period arrives appointed by law, but as the 
 Counsel for the Traversers do not make any objection, we are 
 at liberty to discharge the Jury now. 
 
 The Attorney General. — The Traversers will understand 
 that the trial not having been disposed of, and the effect being 
 to leave the case yet open, they will be still held over on their 
 bail, for most undoubtedly this case shall agah; be brought be- 
 fore the public. As to the time for si new trial, my Lords, 
 
Ss 
 
 I beg your Lordships will understand that I hare not intimated 
 any period, it would be too late for this Terra. 
 
 Justice Jebb. — From the state of the Court, not this Term. 
 
 Attorney-General — Certainly not, my Lord. 
 
 The Jury were again called over, and asked by the Court if 
 they had agreed ; they said that they had not ; but they re- 
 turned a verdict of Not Guilty for William Brownlow, who 
 was discharged. 
 
 Justice Jebb. — Gentlemen of the Jury, the Counsel for the 
 Crown, rinding that you are not likely to agree, have not of- 
 fered any obstacles in the way of your discharge, you are ac- 
 cordingly discharged. 
 
 The Attorney-General, then addressieg the Court, said, " I 
 do not mean to interfere with the Gentlemen of thejury, I 
 only wish to intimate that nothing which has occurred, impe- 
 des my taking further proceedings against the Traversers, in' 
 case I should be advised so to do." 
 
 The Traversers were then informed, that they would be still 
 held on their recognizances; they were then allowed to with.* 
 draw, 
 
 Counsel for the Crown — The Attorney-General, the Solici- 
 tor-General, Serjeant Lefroy, Serjeant Torrens, Mr. J. 
 Sealy Townsend, and Mr. Green. — Agent, Mr. Kemmis,, 
 Kildare street. 
 
 Counsel for the Traversers — Messrs. Driscoll, R. Johnston, 
 Blackburne, Rolleston, Hamilton, North, Scriven, Perrin, 
 and Speare — Agent, Mr. George Fearon. 
 
 FINIS.