DA
948.6
E5R4
-
UNIVERSITY OF CALIFORNIA
AT LOS ANGELES
EPO
Of THE
TRIAL
OF
ROBERT EMMET,
WILLIAM 1UDGEWAY,
AT LAW.
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X R R A T A. :
12, line la, f or confpiring rtaJ confpiracjr.
14, line 14, for would r?fl(/ could.
17, dele and read condition. "We.
15, line 12, dele ed in founded.
16, laft line, for He read We;
45, line 7, from bottom after he, iitfert who.
31, line u, for in reaJ at,
33, line 4, after and a^lrfto your Country.
72, laft line but one for aflcAble read aficwblz*
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Mcnda^ Srp^er tgti, 1803.
The Court fat purfaant to Adjournmenf.
fudges prcfent: LorJNoRBURV, Ilir. Baron GEORGE,
r.nd Mr. Baron DALY.
,
Robert Emtoietj Efq. was put upon his trial.
H.
E had been brought into Court upon tfie 7th of thi$
month, and then informed, that a Bill of Indi&m'ent for
High Treafon was fpund againft him, and he was defired
to name his Counfel and Agent, which he did but To me
Alterations afterwards took place at his own defire, and the
Counfel and Agent ultimately affigncd, were Mr. BUR*
HOWES and 'Mr. MAC NALLY, Counfel ; and Mr. L.
MacNally, Agent.
B On,
On Jfadnefday the 1 5th he was arraigned on the following
Indictment :
County of the C : ty of 1 THE Jurors for cur Lord the
Dublin^ to wit. \ King, upon their oath prefer.t,
that Robert Ernmet^ late of Thomas-ftreet^ in the city and
County of the city of Dublin, Efq. being a fubjecl of our
faid Lord the now King, not having t*ie fea? of God in
his heart, nor weighing the duty of his allegiance, but be-
ing moved and feduced by the inftigation of the Devil, as
a falfe traitor againft our faid Lord the now King, his fu-
preme, true, lawful and undoubted Lord, the cordial love
and true and due obedience which every true and dutiful
fubjecl of our faid Sovereign Lord the King, towards
him our faid Lord the King fhould bear, wholly with-
drawing, and contriving and intending the peace anJ
common tranquillity of this Kingdom to difquiet, moleft
and difturb, and the Government and Conftitution of this
realm to change, fubvert and alter, and our faid Lord
the King from the Royal (late, title, honour, power, Im-
perial crown and Government of this kingdom to depofe
and deprive, and our faid Lord the prefent King to death
and final deftru&ion to bring and pur, he the faid Robert
Emmet) on the twenty-third day of July, in the forty-thud
year of the reign of our faid Lord the King, at Thomas-
jireet aforefaid, in the city and county of the city of
Dublin aforefaid, with force and arms, falfely, wickedly
and traitoroufly did compafs, imagine and intend, our faid
Lord the King then and there his fupreme, true, and law-
ful Lord, of and from the Royal ftate, crown, title, power
and government of this realm to depofe and wholly de-
prive, and our faid Lord the King to kill and bring and
put to death. And that to fulfil, perfect and bring to
cftecl his mod evil and wicked treafon and treafonable ima-
ginations, and compafling aforefaid, He the faid Robert
Emmet, as fuch falfe traitor as aforefaid, on the faid
twenty-third day of July, in the forty-third year of the
feign of our faid Lord the King, at Thomas flreet afore-
faid, in the city and county of the city of Dublin afore-
faid, with force and arms, falfely, malicioufly and traito-
roufly did meer, confult, combine, confpire, confederate
and a^ree to and with divers other falfe traitors \vhofe
names are to the Jurors aforefaid unknown, to raife, levy
and make a' public and cruel infurredtion, rebellion anl
war
a,
( 3 )
war againft our faid fovereign Lord the King, within thU
kingdom, and to procure great quantities of arms and.
ammunition, guns, fwords piftols, gunpowder and (hot for
the purpofe of faid rebellion, and to alter, fubvert and
overturn the Conftitution of this kingdom, and the
Government of our faid Lord the King, of and in this
Realm.
And that afterwards, to wit, on the faid twenty^third
day of July, in the faid forty-third year of the reign of our
faid Lord the King, with force and arms, at Thomas.-ftre.et
aforefaid, in the city and county of the city of Dublin
aforefaid, the faid Robert Emmet, as fuch falfe traitor as
aforefaid, in further profecution of his treafon and trea-
fonable purpofes zforefaid, falfely, malicioufly and t-raito-
roufly did procure great quantities of arms and ammuni-
tion, guns, fwords, piftols, gunpowder and (hot, and did
then and there falfely, malicioufly and traitorously make
and prepare, and did caufe and procure to be made and
prepared, a great number, to wit, 1000 pikes, with intent
that divers other falfe traitors, whole names are to the faid
Jurors unknown, (hould be armed with the faid guns,
fwords, piltojs and pikes, and being fo armed Ihould ufe the
fame, and the gunpowder, (hot and ammunition aforefaid in
and fur the railing, making and carrying on infurre&ion,
rebellion and war againft our faid Lord the King, and in
and for the committing and perpetrating a cruel flaugirer
of, and amongft the faithful fubjedts of our (aid Lord the
King in this kingdom.
And that afterwards, to wit, on the faid twentyrihird day
of July, in the faid forty-third year of the reign of our
faid Lord ths King, with force and arms, at Thy/nas-
Jlreet aforefaid, in the city and county of the cuy of
Dublin aforefaid, the faid Robert Emmtt, as fuch falfe
traitor as aforefaid, in further profecution of his treafon
and treafonable purpofes aforefaid, falfely, wickedly and
traitorouflv did afFociate himfelf with and did become
one of a certain fociety of perfons, then and there formed
and aflbciated, under the name of the Frovifional Govern-
ment, for the purpofe of raifmg, levying and making
public war againft our faid Lord the King, within this
realm, and of altering, fubverting and overturning the
Conftitution of this rea m, and the Government of our
faid Lord the King, of and in this kingdom, the faid Robert
Emmet, then and there well knowing the p.urpofes fo$,
which .
which the faid Society was fo formed and a/TvcLtco as
aforefaid.
And that afterward?, to wit, on the faid twenty-third day
of '7/x, in the forty-ihird year of the reign of our
faid Lord the King, with force and arms at Thi!mn~Jtree(
atore&id, in the city and county of the < ity of Dubli:: afnre-
faid, the (aid Robert Emmet, as fuch falfe traitor as afortfa'u 1 ,
in further pmfecution of his trealbn and trealbnabl'- purpcfi.s
aforefaid, falfdy, wickedly, and traitoroufly diJ make,
corr.pofe and write ' a certain proclamation, rnanifetlo awl
declaration, purporting to be a proclamation, rnanifefto
and declaration of and by the faid Prcrjifanal Government)
and purporting among other thing?, that the. laid Prtvij:v:-;!
Government had determined to feparate that part of this
kingdom called Ireland-, from that part of this kin;;
called Englund) and for that purpofe to rrii'.ke, levy, ^nd
Wage open and public war, againlt our faiJ Lord ti , kin-;
and his troops within this rcilm, with ir.:< nr th. -
pn.clamation, manikfte, and declaration liquid l-e pub-
lifhed as and for the pruclamation, manifeiu>, and declara-
tion of the f.iid Prffiifoagi Gsvef K.'.'ier.t, and that it ihouri
be f;: read amongil the people of this kir ul i
incite them to enter into and continue in r.bdll^Hfcji war
againft-our faid 1 ord the King.
And that afterwards, to wit, on the faid t\
day of 'jf-u-Ji m the fatd forty-third year of the rei
faid Lord the King, with force and arms at
aforefaid, in the city and county of the city of Dublin
faid, the faid Robert Hmmct as fuch falfe traitor as afortui ! ,
in further prolecution of his treafon and treafonable pur-
pofes afo.-efnij, falfcly, wickedly and traitoroufly did make,
compel and write a certain proclamation, manifefto, anJ
declaration, purporting to be a proclamation, mamfeilo,
and declaration of and by divers perfons ty file jurors
uitknown, then and there formed and aflociatcd together,
under the name of the Provifu-inal Government, and im-
porting that the faid perfons fo formed and sfiociated had
determined to feparate that part of this ki^'dum called
Irelar.d^ from that part of this kingdom called I<*'a/!fJ) and
for that purpofe to raife levy and wage a public war againlt
our faid Lord the King within this kingdom, with intent
that the faid proclamation, manifefto, ami declaration
fhould be publifhed, as and for the proclamation, mani-
fefto and declaration of the faid perfons fo formed and
aflbciate'4
( 5 )
jj,r>C;iatc<J, a.nd that it fhouM be fprcad amongfl the people
<>i this king-lorn, and ih' uld unite them to emer into and
continue in rebellion and v/ar againft our Lid Lord the
King,
And that afterwards, to win, on the feid twenty-third
day of 7/< v, in the kid forty-third year of the reign of our
fai j Lor-i the Kir;;, with force and arms at Tlcmai-Jlreet
sforvf.iid, in the cay and county of the city of Dublin afore-
fcid, the laid Robtrt Emmet as luch falfe traitor as aforsfaid, in
f'j;i.i.-r p.'ofecu'ion of his rreal'mi and treafbnable purpofes
as afordaic 1 , falfJy, wickedly and'traitornufly did keep and
conceal) and cid cuute ariJ procure to be kept and concealed
;* C'.rtciiii prccktmation, nunifello and declaration, purport-
ing to be a proclamation, manifefto and declaration of, and
by divers pcrfons to the jurors unknown, then and there
formed and aflb-Jau-d together, under the name of the Pro-
vidonal Gov ernaieijc, and importing that the fajd p^rfons
fj forced and aflociafed, had detennined to feparate that
part rf tius kjhgdoin called Ireland^ from that part of this
kingdom cjllfid England^ and for that purpofe toraife, levy
at-c ".-age ;i public war againlt our faid Lord the King
within this kingdom, with intent that the faid proclamation,
nunilVitn am! Declaration fhould be publiflied, as and for
the proclamation, inanif-lto and declaration of the faid
P..T.'' "i i- A) f(.i;i.-d and aflbciated, and that it fliould b;
fp.v..v! amongi'c the people of this kingdom, and IhouM
incite tiu-m to enter into and continue in rebellion an.d war
agamfl our laid Lord tlie King.
And that afterwards, to wit, on the faid twenty-third
day c/f 7"6'i M1 tnc forty- third year of the reign of our laid
Lord the King* witn force and arms, at Thomas-flreet
aforcfaid in the city and county of the city of Dublin
afbrefaid, the faid Robert Emmet as fuch falfe traitor as
aforefaid, i:i further prufecution of his treafon and treafon-
able purposes aforefaid, with a great multitude of perfonF,
whole names are to the faid jurors unknown, to wit, to
the number of one hundred perfons and upwards, armed
and arrayed in a warliki manner, to wit, with guns, fvyord?,
and pikes, being then and there unlawfully and traitoroufly
afTembled and gathered againft our faid Lord the King,
fallely, wickedly and traitoroufly, did prepare, levy, ordain
and make public war againft our (aid Lord the King,
againft the duty of the allegiance of him the faid Robert
againft the peace of our Lord the King, his crown
and
( 6 )
and Dignity, and contrary to the form of the ftatute in fuch
cafe made and provided.
And the jurors aforefaid, upon their oath aforefaid, further
hitherto by land and by fca, was and yet is carried on
and profccuted by the perfons exercifing the powers of
government in France, againft cur faid Lord the King,
ar.d that the faid Robert Emmet, a fubjcct of our faid Lord
the King, well knowing the premifes, not having the fear
cf God in his heart, nor weighing the duty of his alle-
giance, but being moved and fcduced by the inftigation
cf the devil, as a falfe traitor againft our faid Lord the
King, his fupreme, true, lawful and undoubted Lord, and
contriving and with all his ftrength intending the peace
and common tranquillity of this kingdom to difquiet, moleft
and difturb, and the government of our faid Lord the King,
of this kingdom to change, fubvert and alter, he the Li4
Robert Emmet, during the war aforefaid, to wit, on the
faid twenty-third day of July, in the forty-third year of
the reign of our faid Lord the King, and on divers other
days and times, as well before as after that day, with force
and arms, at Tkomas-ftreet aforefaid, in tire city and
county of the city of Dublin aforefaid, unlawfully and trai-
tcrouily was adhering to and aiding and comforting the
faid peifon? exercifing the powers of government in France^
and then being enemies of our faid Lord the King, as afore-
faid, and that in profecution, performance, and execution
of the faid traitorous adhering of the faid Robert Emmet y
to the faid perfons exercifing the powers of government in
Fravcey afterwards and during the continuance of the fkid
war, to wi", on the faid twenty-third day of T^'/y, in the
faid forty-third year of the r^ign of our faid Lord trie King,
at Thomas -Jlreet aforefaid, in the city and county of the city
of Dublin^ he the faid Robert Emimt, as fuch fa'fe traitor
as aforefaid, with force and arms, falfely, malicioufly and
traitoroufly did meet, confult, combine, confpirt, confe-
derate and agree, to and with divers other falfe traitors,
whofe names are to the jurors aforefaid unknown, to raife,
levy and make a public and cruel infurre&ior, rebellion,
and war againft our faid fovereign Lord the King, within
this kingdom, and to alter, fubvert and overturn the con*
ftittrtion
( 7 )
' ^b !*
ftitution of this kingdom, and the government of our
Lord the King, of and in this realm.
And that afterwards, to wit, on the faid 231! day o
in the faid forty-third year of the reign of our faid Lord the
King, with force and arms, zx. c fbomas-Jlreet aforefaidjin ths
city and county of the city of Dublin aforefaid, the faid
Robert Emmet, as fuch falfe traitor as aforefaid, in further
profecution of his treafon and treafonable purpofes lad
mentioned, falfely, malicioufly and traitorouily did make
and prepare, and did caufe and procure to be made and
prepared, a great nnmber, to wit, one thoufand pikes*
with intent that divers other falfe traftors, whofe names are
to the faid Jurors unknown, moukf be armed with the
faid pikes, and being fo armed, fhould ufe the fame in ami
for the railing and carrying on infurre<5r.ion, rebellion and
war againft our faid Lord the King, and did then and there
procure great quantities of arms and ammunition, gun^
piftols, fwords, pikes, gun-powder and (hot, for the pur^
pole of the faid infurredtson, rebellion and war.
And that afterwards, to wit, on the faid twenty-tbirJ
day of y/y, in the faid forty-third year of the reign of
our faid Lord the King, with force and arms, at Thomai-
ftreet aforefaid, in the city and county of the city of Dub-
lin aforefaid, the faid Robert Emmet, as fuch falfe traitor
as aforefeid, in further profecution of his treafcn and
treafonable purpofcs laft mentioned, folfely, wickecly, aai.
traitoroufly did aflbciate himfelf with, and did become one
of a certain fociety of perfons, then and there forme J
and aflbciated under ths name of* the Proviiional Govern-
ment, for the purpofe of raifmg, levying, and makir,^
public war againft our faid Lard the King within this
realm, and of altering, fubverting, and overturning th-i
conftitution of this realm, and the government of our
faid Lord the King, of and in this Kingdom, the fa'ul
Robert Emmet, then and there well knowing the purpofes
for which the laid ibciety was formed and afTociated as
aforefaid.
And that afterward?, to wit, on the faid twenty- third
day of July, in the faid forty-third year of the reign of
our faid Lord tne Ki;;^, with force and arms, at 7/;.
Jlreet aforefaid, in the dry and county of the city of /
tin aforefaid, the faid Robert E;:iwct, as fjch fiifc ti
as aforefeid, in furt 1 ::;ori of !. : : eifon aid
trraforuwe
f * )
'
treafonable purpofes bit mentioned", fall.
iriiitoroufly eld make,- compofe, and write a certain pro-
clamation, manifefto and declaration, purporting to be a
proclamation of and by the faid Provifional Government,
nnd purporting, amontift other things, that the faid Pro-
viiional Government had determined to feparate that part
of this kingdom called Ireland) from that part of t!/
kingdom tailed England, and for that purpofe to make
levy and wage open and public war aga'inft our faid Lord
fhe King, and his troops, within this realm, wi'th intent
that the faid proclamation, rnaft1fe{lo, and declaration
ihotild be publifhcd a and for th'e proclamation, manifefto
and declaration uf the faid Provifional Government, and
Should be (pread amongft the people of this kingdom, and
fhould incite them to enter into and continue in rebellion
and war againft ouT faid Lord the K'ing.
And that afterwards, to wit, on the faid fwcnty-thir^
day of Juty) in the faid forty-third yeaV of the reign of
our faid Lord the King, with force and arms, at Thomas*
Jircet aforefaid, in the city and county of the city of Dnb'!':n
aforefaid, the faid Robert Emmet , as fuch falfe traitor as
aforefatd, in further profccution of his treafon and trea-
fonable purpofes laft mentioned, falfely, wickedly and
traitoroufly did make, compofe anti write a certain 1 procla-
mation, manifefto and declaration, purporting to be a
proclamation, manifefto and declaration of and by divert
perfons to the Jurors unknown, and then and there formed
and afibciated together under the name of the Provihonii!
Government, and importing that the fame perfons fo
formed and afibciated, had determined to feparate that par! 1
of this kingdom called lre!and y from that part of this
kingdom called England,' and for that purpofe to raifc,
levy and wage a public war againft our faid Lord the
king, within this kingdom, with intent that the faid pro-
clamation, manifefto and declaration fhould be putxl'fhed
as and for the proclamation, manifefto and declaration of
the C'.id perfons fo ft;r;ned. and afiociat'ed, and that' it
fnould be fpread amcngft the pecple of this kingdom,
and (hould incite them to enter into and continue in re-
bellion and war r.gainft our faid Lord the King.
And that afterwards, to wit, on the faid twenty- third
day of Jiffy, in the faid forty-third year of the reign of our
faid
t:ie Kin
( 9 )
- '
ing, with farce, and arms at Thsmjs-Jirtet
aforefaid, in the city and county of the city of Dublin afore-
iaid, the laid Robert Emmet as fuch falfe traitor aforefaid, in
further profecution of his treafon and treafonable purpofes
lad mentioned, falfely, wickedly and traitoroufly did keep
nnd conceal, and did caufe and procure to be kept and con-
cealed, a certain proclamation, manifefto and declaration,
purporting to be a proclamation, manifefto and declaration
of and by divers pcrlbns. to the Jurors unknown, then and
there fprrqed and afibciatcd together under the name of the
Provifiona! Government, and importing that the (aid per-
fons fo fanned and afiwciated had determined to feparatethat
part of thir kingdom called {.Ireland from that part of this
kingdom called England, and for tha'jt purpofe to rsifc, levy
nnd wage a public war a^ainft pur faid Lord the King
within this kingdom, with interit that the fa id proclamation*
maiufefto and declaration, fhould be published as and for
he proclamation, manifefto and declaration of ,the. faid
perfons (o formed and affociated, and that it (hould be fpread
:.mongll the people of this kingdom, and (hould incite them
to enter into and continue in rebellion and war againft our
faid Lord th? K ; ng.
And that afterwards, to, wit, on the faid twenty-third day
of Jnfy> in the forty-third year of the reign of our laid
f,ord the Kir.;;, with force and arms at TboTr.as flreet afor,e-
'-lid, the faid Robert Emmet, as faid falfe traitor as aforefaid,
\\ further profecation of his treafon and treafonab!^ pur*
5 laft mcntiuned,. with a great multitude of perfons
,'hcfe names are to the faid Jurors unknown, to wit* to the
r.nmber of one hundred perfons and upwards, armed an<i
:d in a -warlike manner, to wir, with guns, fvrords
end pike?, bein<; then and inhere unfawfuUy and traitoroufly
nl'lcd and gathered againft our faid Lord the f^inj,
filfely, wickedly and traitoroufly did prepare, levy, cfdairx
4!id mske public war agamft our laid Lord the King againft
duty of the allegiance ^of him, -the faid Robert Emmet %
3g',tnft the peace of our faid Lord the King;, his crown
n:nl dignity, am! contrary to the form of the ffatute in fuch
cafe made and provided.
An.! thc.Oid. jurors of our. faid Lord the King upon thejir
oath do further prefen,:, that the .f.zid Ribert Eautut, being
e6t of our fajd ( Lord the now King ? and not having;
\-ar of God in his heart* nor weighing the duty of his
- ; ance, but being moved and feduced by the infliction
G tf
of the Dcvil v and entirety withdrawn..; the love and t.
and due obedience which every fubject of our faid Lord the
King' fhouid and of right ought to btar towards our faid
Sovereign Lore! the King, and wickedly deviling and in-
tending to dirturb the peace and public tranquillity of this
kingdom, on the twenty third day of J^ty, in the forty-
third year of the reign of our faid Lord the King, with
force and arms at Thomas Jlrcet afortfaid, in the city and
county of the city of Dublin aforefaid, unlawfully, malici-
oufly and traitoroufly did compafr, imagine and intend to
raife'and levy war, infurrecYion and rebellion agrrintt our
faid Lcrd the King within this kingdom ; and in order to
fulfil and bring to efFe<t the faid traitorous comparting,
imaginations and intentions of him the faid Robert Envntt-
he-, the faid Robert Emmet^ afterward?, to wit, on the faid
twenty third day of July, in the forty-third year of the
reign of our faid Lord the King, with force and arms a!
Ftomai-ftrttt aforefaid, in the city and county of the city of
Dublin aforefaid, with a great multitude of perfuns whofc
names are to the faid Jurors unknown, to a great number.
to wit, to the Dumber of one hundred perfons and upward^,
armed and arrayed in a warlike manner, to wit, with fwords,
gwis and pikes, being then and there unlawfully and trai-
toroufly afiembled and gathered together againit our faid
Lord the now King, wickedly, malicroufly and traitoroufly
(fid ordain, prepare, levy aiwi make public war agaiirfl our
l*id Lord the King, his fupreme and undoubted Lord, con-
tcnry to the duty of the allegiance of him, the faid Robert
i'.:r.rr.ii^ againft the peace of our faid Lord the King, his
crown and dignity, ami contrary to the form of the itutute
i:i fuch cafe made and provided.
The Prifonbr pleaded, Not Guilty and -being afked, was
lie ready for trial, faid, he would be ready on AJonday, to
which the ATTORNEY GENERAL confented, and the
Court adjcurned.
Accordingly on this day, lilond*^ igth September'^ Mr.
l : i;inut was put upon his trial,
Judges prcTent Lord NORBURV, Mr. Baron GEORGE,
and Mr. Baron DALY.
The following Jury was fworn, after twelve were fet
ky on the part of the Crown two were challenged by the
Fiifoner, for caufc, not having freeholds in the city nor
* . ' . .
O
( I! )
being frcemeo thereof, and nineteen challenged perensp*
torily :
John Gcalc, W, G, Gal way,
John Dickfon, Charles HarLe,
Robert J'urbetr, Benjamin Holmes,
Daniel Jyinahan, John Lloyd,
Beaver buchannan, Walter Locke,
William Davis, Thomas Palmer,
M
The Prifoner was given in charge.
Mr. O'GRADY opened the indictment.
Mr. ATTORNEY GENERAL.
Afy Lord) and Gentlemen cf the
It is my duty to (late as concifely as I can, the nature of
the charge, which has been preferred againft the Prifoner
at the bar ; and alfo, Gentlemen, the nature of the evi-
dence, which will be produced to fubftaruiate that charge,
It will require uphn your part the molt deliberate confidcra-
tion : becaufe it is not only the higheft crime of which at
Jii times the fubjecl can be guilty, but it receives, if pof-
fible, additional aggravation, when we confider the ftate of'
Europe^ and the lamentable confequences which revplution
has already brought upon if.
Perhaps at 'former periods fome allowance might be made
for the heated imaginations of enthufiaits; perhaps an ex-
travagant love of liberty might for a moment fuperfede a
rational underftanding, and men might be induced, for
want of fufficient experience or capacity to look /or that
liberty in revolution. But fad experience has taught u?,
that modern revolution is not the road to liberty. It throws
the mafs of the peoplo into agitation only to bring the worft
and the moft profligate to the furface. It originates in
anarchy, proceeds in bloodihed, and ends in cruel and un-
rslenting defpotifm.
Therefore, Gentlemen, the crime of which the Prifoner
flands charged demands the moft ferious and deep invefti-
gation, becaufe it is in its nature a crime of the blacken:
dye, and which under all exifting cirpumftances does not
iidmit of a momentary extenuation.
Gentlemen, the Prifoner ftands indicted upon a very
Ancient ftatutc the 25th of Edward 111. and the indi&-
. c 12 ;
anent is groundefj upon three claufcs. The firft rcjatf.-* .
Compafiing and imagining the death of the king the fecund
to adhering to his enemies and the third to comparting to
levy war againft him. The two latter, namely, that of
adhering to the king's enemies, and that of coiiipaffin'g to
levy v^'ir are fo intelligible in themfelves, that they ck> not
require any observation upon them. But the Hrft docs
admit of fom'e technical confideration, and mzy require
upon my p irt a fhort expbr.a;ion
In the language of the law, comparting the death of the
King, does not mean or imply neceflarily any immediate
attack upon' his perfon. But any cohfpiring, which has
for its objecl an' alteration of the laws, conftitution and
government of the country by force, uniformly leads to
anarchy and general deftruclion, and finally tends to en-
danger the life of the King. And therefore where trut
defign is fubft^ntiated and -manife'fted by overt acts,
whenever the parry entertaining the defign ufes'any means
to carry his traitorous intentions into execution, the
crime of comparing an'd imagining the death of the King
is complete^
Accordingly, gentlemen, this indictment particularly
ffotcs feveral overt ats by which the prifoncr difcloft.d
the traitorous imagination of his heart. And, gentlemen,
if it fliall be neceffury, thofe particular overt acts, and : the
applicability of the evidence which will be produced to
fupport them, will be ftated at large to ybu by the Court;'
and therefore it will not be neceffary for me now to tref-
pafs upon the public 'time, by a minute -examination of
Gentlemen, having heard the charge againft the pri-
foner, you will naturally feel that your duty will require
an inveftigation into two diftinct points : //'/>'?, " \Vhetiier
thert has, or has not exifted a traitorous confpir-jy and
rebellion for the purpofe of altering the Law, the Confti-
tution and the Government of the Country by force?"
And, Secondly^ " Whether the prifoner has in any and
what degree participated in that confpiracy and re-
bellion ?"
Gentlemen, I was happy upon the opening of this
Commiflion to have ftated : to the public, through the
Jury which I had the honor to addrefs, that this rcbJljon,
dark as it was in its object, and mifchievous in its defign,-
1 ..... was
( 13 )
was in truth in point of numbers, contemptible in tl\?
extreme, and that it was prepared and put forward by
thofe only, who had be?n diftinguiihcd for their former
trcafons. i am happy to liate now, with more confi-
dence, that during the inveftigation which has taken place
here, what 1 then ftated has turned out to be precifely the
fa<!t. i then alfo congratulated the public upon the tran-
quillity of the country; and 1 am happy at th:9 period to
be able to renew thole congratulations, and to ftate, that
nothwithlLnding the cruel and dailardly efforts of that
rebellion, peace and tranquillity now reign throughout the
j.ind. I dii] not then, nor will I now, ftate any profpec-
tive views of my own. I do not wifti tj undertake to .
fpeak in the prophetick. ut when I confider the vigi-
lance and rirmnefs of his Mujefry's Government, and the
fpirit and difcipiine of his Majefty's troops, and that armed
valour and loyalty which, from one end of the country to
the other, has raifed itfelf for the purpoie of crufhing
ilomcftic ireafon, and, if necefTary, of meeting and repelling
a foreign foe, 1 do not think it unreafonable to indulge a
fcnguine hope, that a continuance of the fame conduct
upon the part of the Government, ad of the fame exer-
tions upon the part of the people 1 , will long preserve the
nation free, happy" and independent.
Gentlemen, upon former occafions, perfons were brought
to the bar of this court, implicated in the rebellion, in.
various though inferior degrees. But if I am rightly in-
itrudted, we have now brought to the bar of juftice, not a
perfo'ri who has been feduced by others, but a Gentleman
to whom the rebellion may be traced, as the origin, the
life, and the foul of it If J miftake not, it will appear,
thut fome time before Chriftmas laft ? the prifoner who had
vifited foreign countries, and who for feveral months before
had made a continental tour, embracing France, did return
to this country j full of thefe mifchievous defigns, wbrrtT
have been now fo fully expofed. He came from that
country, in which he might well have learned the neceflary
effects of revolution; and therefore if he be guilty of the
treafon, he embarked in it with his eyes open, and with a
previous knowledge of all its inevitable confequences.
But notwithftanding, I am inftrucled, that he perfevered
in fomenting a rebellion, which I will be bold to fay, is
unexampled in any country, ancient or modern. A rebellion
which
I '4 } .
which docs not complain of any cxifliug grievances,
clocs not flow from any immediate oppreffion, and which is
jiot pretended to have been provoked by our mild and
gracious King, or by the adminillration employed bv hi:n
to execute his authority. No, Gentlemen, it is a rebellion
which a^ows itftlf to come, not to remove any evil which
the people fee!, but to recal the memory of grievances which,
if they ever exifted, muft have long lince pafled away, the
provocations of 600 years have been ranfaciced the fuffcr-
iiigs of our ancestors have been exaggerated, our irate in
former ages, and at various remote times mifreprefented,
i expectation of extracting from the whole, fomething
like a provocation to jufiifv a revolution, which at the prc-
fcnt hour and moment woiffiKlfave no rational foundation.
We live under a confti.tution which *ve love ; free, affluent,
sod happy, rebellion can f:nd no incentive in our prefent
condition^ .ati<i .we feel the happy e>ffets of beneficial laws.
Of the juM adinimftration of them there is no colour of
complaint. L-ut this rebellion is to arife from the afhes of
cur anceflors, and we are called upon to relinquiih our
own happiness to vindicate their wrongs they are repre-
fepted to have been flavcs, and therefore we are called upon
not to }ive contented as freemen. But as there is no
motive for rebellion i)ow, neither can it bf conciliated
hereafter. The manifofto of ttcafon wages:' eternal war
sgainft the Britifh constitution the rcfentlment of its
enemies is implacable their refolution is fixeii and deter-
mined no k-indnefs fhall footh them no goodydminiftra-
tion fhall reconcile them no clemency fhall aflyage thetn.
Rebels they are, at heart, and againft the mildeft admini-
flration of our government, they proclaim a perpetual and
unrelenting hoftility.
Gentlemen, it maybe here fuppofed, that I am from the
warmth of my own feelings, giving a colour to the caufe
which it docs not defcrve. 1 fhould be forry to do it. But
in the very firft paragraph of their proclamation, after
avowing a feparation from England, they tell the govern-
ment, u that there is a fpirit of perfeverance in the country
" beyond their power to calculate or reprefs," " that under
tc no change of circurnltanccs can they count upon the
<l obedience of Ireland. Under no afpeft of affairs can
" they jud^e of its intentions." So that let the govern-
ment be mild and merciful, and the fubjt-cls free and con-
tested let thclavrs bejuft, and the adminiihation of them
pure,
pure, it will work no' alteration in the minds of thefe
rnthufraftic reformers- the government may improve, but
they are refolved not to imitate its example.' They have
already devoted their country to all the hottors-of civil war,
and the inveterate malignity of their refeKftion witl admic
wf no relaxation.
Gentlemen, having ftatcd to you -what the horrid. cbjci :
of the confpiracy was, I (hall vtry ihortly fi?hrmt to you
the means which were taken by the Priforfer to carry ic
into effect. 1 have already dated that 1 contider him
as trve origin of that rebellion. I will now {late the fails?
upon which I founder-that fciTtrtion;- His proclamation
for J impute it to hi:n, ftatcs that this fylrem of treason
has been organized wirhin the bft eight months.- Now
1 find this gentleman's arrival in Ireland to have been pre-
vious to Ch rift mas 1802, which was juft- eight, month*
before the Rebellion broke out,- and therefore a f.vir in-
ference arifes, that this gentleman's arrival in this country
from France, is the lourcc to which the Rebellion may be
traced; and the conduct adopted by him k-av'es little roomf
to fuppofe 1 can be rr.iftaken in this conjecture. H*
might have found the embers of the Rebellion of 1798,
but he fhortly bkw them iro life i.r.d animation. H.$
fnacHinatk>ns hid not proceeded far^ whe.:*, for his fccurity,'
he found it neccff/ry to change his reuderice and hi^ nan-'-
Accordingly, we find ivim in an obfcure hoiife in HaroL?:-
(reji) during the fprJng of the year There he affumed
the name of fffzwtt, ar.d was vifited by perfotis who en-
quired for him by that name white he continued ther,
he went by no. other. Thu<5, [ am inflrvrded to tell you,
he proceeded clandeftinety, and under an afiumed naTie,
for a conOderable period ot time, not paffing much ef ic
within doors at Harold' s~trvf>> but ading that pare which
was adapted to his views Ther he continued until early
in Marcb.A , nicyicd
Gentlemen^ you all feccHccl the King's meflVc to
the Houfe of Commons, from which it was to be~col-
Iffded that a rupture would probably take place between
this United Kingdom and Frar.ce\ that was early in
March- That 'circumftance was a very cortfiderablc
ftimulative indeed, to the trcafon which had been hereto-
fore ftt on foot n this country y find accordingly, upon
the 24th of the fame monih, that memorable depot, of
which
" ft^r. v f-jv3 .j\>f.?q
C 16 )
which you have ail heard fo much, was taken by the ,
fpirators; the leafe of it is dared the 24^ of Mircb, t8o}.
About the fame period there were various other d.epor
dlabliflied in the city to receive arms and ammunition, and
famong others, one, which h necefUry to be rr.entiorecl, in.
Patrick-jlreet, where you recollect an efcplolk>!i took pi ;cr
in the month of July.
Having thus embarked pretty deeply and hired f
houfes in the city for the purpofe of carrying on the treafon,
the Prifoner found, that his refidence in Pa'wr's houfe i;i
Hargld's-crc/i was incompatible with the enlarged fphcrc
r.i" action in which he was engaged, and he removed to a
houfe in the vicinity of Rathfarfiham^ in a place callu'
Buticrfield-lane, for this houfe he paid a fi.ie of 61 guineas-
on the 27th of April he got pofleffiort of it, and the leafe \v.r
executed upon the icth of Taw. He took that leafe UrnK-r
the name of " Robert Etlis" he made the agreement, paid
the fine, and figned the leafes with the farhe name ; and it
any collateral circumftanceswere wanting to induce fufpicion
upon this tranfa<5tion; I am to ftate, tnat one of the wir-
neffes to the leafe was a gentleman of the name of John
Dowdall) a perfonage of much treafonable celebrity. Ho
too like his companion did not always bear his own name,'
(and indeed I admit he might have readily changed it for n
better.) But the Attorney who carried out the leafes !
pened to be a countryman of DowdaWs and perfectly \T.
to him. When Dnvdall faw him, it occurred to him thi't
the name of Frazer^ which was the name he aflumed, wpuM
not anfwer upon that occafion^ and therefore he atte<K-u
leafes with ,his own real name. When the leafes were c^ -
ecuted, and the parties retired from the houfe of Mr. Pr-iyr.'*
who as executor of one Martin^ was fhe leffor in the Icafr.
Mr. Tyrrell^ the attorney, afked him, if he knew rhe gentle-
men, with whom he had concluded the bargain ; he laid, he
did not, but that his co-executor, one Roontfl v/iio hs'rt
made the agreement originally and received the rr.onr
rr.ight know fomcthing about them, but he believed he wa r -
equally uninformed with himfelf. i fear, faid Mr. Tyrrell, if
they are all like jD^Tcv/,;//, that they can be abou no go< '.
purpofe. He never was dHlinguifhed as a very good fnb-
jeit, and 1 fear .his vifit to Fort-George has not much im-
proved his conftitutioaal feelings.
Gendemen, we were ^t that time in profound dormftir
peace. Every man thought himfelf fecure. ^fi^'ki.ew wha^
might be expected from abroad and wjKwcre prepared to
meet it with rirmnefe and compofu re/But with icgard to
domeftic treaion, the mild conduct of the government to-
wards the people, ah, 'the clemency extended even to traitors
themielves, give veafon to hope we fliould no longer be
diftuibed by inteftine machinations. But there is. an evil
fpirit in fome which no mercy can fubdue, and it ha? been
unhappily found -that where the generous feelings of the
human mind are extin&, it is caller to. intimidate tiian con-
vert. Mr. Frayne was deceived, tho' he law no furniture in
the pljf.ce .but one. mr,ttrafs upon which they occaiionally
flept, as if they were in a camp, though he found them fre-
quently viiited by {t rangers, and yet feldom by more than
one at a time, and that they fat up late at night, as if upon
confutations, yet he entertained no fufpicion for the public
fafety if in truth he had fufpecicd their mifchievous de-
figns, in one hour the whole^party would have been taken.
But he did not interfere or rnoleft them. Providence per-
mitted them to proceed that the proof of their guilt may
be more notorious. Thefe perfons continued in this re-
treat, under the e fufpicious circumftances, until the ex;.io
(ion in Patrick-Jirecty which took place on the i6th of '}uly\
this circumftance made it imperative upon them, to do
fomethnjg quickly, or their treafon would be difcovered.
Accordingly, if t am not mil-inftructed, 'immediately after
this explo.'ion, thefe gentlemen, who had been theretofore
occafionally abient for a night or two, altogether defertecj
their habitation in B:i?:er/i(!d-l<ine, and took up their reh>
dence in the City of Dublin
Gentlemen, I impute to the Prifoner that immediately-
after this explofion, he not only came into town for tiie
purpofe of forwarding the rebellion, but that he made that
celebrated dcpoi which was afterwards difcvered, the
place of his refidence and his reft. I trace him to that
dt/ift, as F would trace any of you to your houfes you
will find him there the reader of the fam ly fuperintend~
ing the formation of pikes and ball cartridges infpe^ng
the ammunition infpecling the arms occalionally writing
at his dclk once, 1 think, taking out the original ma-
nufcript from which the proclamation wa.-. afterwards
printed and reading it to the Rebel Guards, which ur-
roundcJ him at another time in a playful and iportive
mood taking his regimentals from. Ivb dclk putting rhem
on and telling hi*JNniiv5ng audience v, hat mighty ieats ^e
intended to perform in them ; and h; fiiort, you will h
( 13 )
him in this depot what he expecled to be in the count-ry $t
large the atirjg manager, making every thing his own,
and every peifon obeying his dirtclions.
Gentlemen, it will appear to you, that there was in that
depot, a mattrafs, upon which we fuppofe that he occa-
fionaHy flept; 'if indeed, under fuch circumllancts, it is
not going a little too far to fuppofe, that anv man could
fleep his mind muft have been of mere than ordinary
temperature, if his (lumbers were not a little dillurbed.
Surrounded, as he was, with the imp'emenis of drain,
prepared and colle&ed^ by himfdf for the purpof t s of civil
war, and the dtftui&ion of h:s fellow-citizens, he coo'.d
not eafily enjoy foft natural repcfe If he did, it
have been pioduced by that wearying pctuthation of mm<J,
agitated by enthtifiafm, which liftVns not to reafi n, bin
Shaping every thing to its own hopes, and believing that
probable which is remotely potfible, gives to the phantoms
of a difordered brain, the fubftance and (lability of truth
Under fuch ciicumrtarxxs, rio man could lay his head upon
jiu pillow, and call upon his God to lighten the
which furrounded him, and to prefer ve him from ttie
and the dangers of the night. What mind could take re-
fuge in the confoiutions of religion, while it was pcoup'iitl
fri meditations how to drag our gracious Monaich from
fiis hereditary throne, and to immerfe him in the blood t
liis fubje^is? But the reflections of reafon cannot be applied
Jo the ravings of enthufiafm I
1 (hall be abJeby reading an extract from a paper, (which
was found in the 'depot, and which 1 perf>nal!\ attribute to
the prifoner) to give you a better defcription than my o^n
cf that difturbed and infatuated mind, which throws itfcff
down the prtcipice, unconfcious of its ruin. It is inimi-
tably defcriptive of that infatuated (late of mine 4 , which un-
fortunately for him, and unfortunately for mankind, has
.produced fo much modrn mifchief fpeaking of himfd r .
/He fays *' I have little time to look at the thouund diffi-
** cultics which (till lie between me and the completion of
" my wifhes that thofe difficulties will l:kewife 'iifappear
*' I have ardent and I trull rational hopes, but if it is
** not to be the cafe, 1 thank God for having gif;ni me with
** a fonguine difpofition ; to that difpofuionl run funn re-
te flc&ion, and if my hopes are without foundation, if a
?' precipice is opening under my ftt, from which duty
ff wiif not fuiSsr me to lun back, I am 'grateful for that
*' far>gu;ne
( 19. )
<c fanguine dlfpefmon which leads me to the brink ancT
<f throws me down, while'my eyes are ftill raifed to the
" vilion of Irippinefs, that my fancy formed in the air." /
No man, \vho had not felt enthufiafm, could defcribe it
fo well. Ill fated and delirious paffion, which bellows the
colour of virtue upon the extravagance of vice, and feeds
with, rapture upon the delufions of hope, to the moment of
its dif?'>lut:pn. Bur let me call upon the fober underftand-
ings of thofe who never felt its operations, and afk why
t.hey participate in its madnefs ? Can the deluded peafantry
br brought to join in wild projects, without feeling the
impulfe vi hich gave them birth can tjicy iiflen to the voice
of a man who avows, that he ars not from the dictates of
Ttafon or reflection, but who Hies from both, to the de~
In flops of fancy, nor luifers the delicious dream to evapo-
rate, until the unhappy viclimis relieved from his difturbed
imagination, and finks into eternal reft ? Do they mean to
unite their fortunes to. his, or do they not.rather imagine,
when they hear of " 7 he Provi/lcnai GwemmeM" that it is
compofed of .wifdom, caution and prudence ? they little
know, that it is a compofition of heated minds, and difor-
dered paftions, which fuperfede the judgment, and annihi-
late the undcrfianding. If ihey doubt the facf, I requeft
tFiey may take it from the CONSPIRATOR himfelf. Let
them liften to his voice, if not to mine, and let them learn
to withdraw from that precipice, the peril of which is not
within their calculation, when they embark in his defigns.
Gentlemen, to the fame unhappy feelings is to be attri-
buted the conduct of the Prifoner 'upon the day of the at-
tack. I find him in the morning vaunting of his powers
'and promiling victory- I find him in idle exclamations,
declaring, that " he will make the Caflle tremble that
night ! w I trace him to the depot and there I find him
haranguing his men encouraging them to aclion infpe6l-
ing his ammunition anew arming himfelV and dreifing in
his regimentals 1 find him cloathed in green, affuming the
rank and title of GENERAL I find upon one fide of him,
the fame William Dcwdall, as his Lieutenant General, and
upon tfce other fide a man of no fuperior diftin6Hon, one
Slaffttrdi a baker. I am unwilling to mention any names .
but thofe which of neceffity muft appear in the profecution
of this enquiry and one great objecr, while enquiry is
afloat, is not to bring forward rfiore than muQ neceflarily
appear
C 20 )
upon the particular indictment before you. A fur
the; diicioiure wcuid not only be unnecefTary, but anjcfi:
Another of his Lieutenant denerals v bom I may meniion
was Michael ^uigley, formerly an eminent b'.kklayer, and
who had been lent to travel for life under 'Lhe Bani/?imet
Afl. Of three perfons, you fee, that one was a man whole
former conduct had been pafl'ed over, and who was not ex-
cluded from a refidence in this country another was a man
fent into temporary banifhment, and who after a flight
purgation at Fort Geiige was permitted to return and the
third, who had been transported for his treafons, forfeited
his lite by the very a& of returning amongft us. So that
when I give this glance of the Prcvifivr.al Government, I
am happy again to obferve, that 1 find no new talent,
no new property, no new character embarked in this con-
fpiracy; and if the people of Ireland, who are not in'eu
Jible so the influence of rank and character, could but take
one glance of the precious materials of which this Prmn-
flonal Government is foimed, I think it would forever cure
them of revolutionary fpeculations.
Gentlemen, I do not wifh to give any defcriptron of the
Prifoner. Let him be fpoken of by others I wifh not, i:i
his prcfent unfortunate circum fiances, to fay any thing that
Could appear to depreciate his fltuation, but from his
vears, he v?as not calculated to become the key-done of
fuch an arch the head of this confpiracy. The feCond b
a man who was originally known to you as Secretary to
the \Vhig- club, who afterwards refided at Fort George, and
who has latterly been an itinerant clerk with little lawful
occupation. The third had been banifhed by A& of Par-
liament for Treafon, and the fourth had been a baker in
Thomas ftrcti. Thcfe were the principal confpirators, and
General officers upon that memorable night, and I do re-
t>eat it, that if the de!uded people of Ireland would take
a glance beh : mi the f ene and difcover this highly vatmted
"'Prevt/ioSin! Government ? fitting Dpon the fecond floor
of a ma't h u!e, meditating without means, and marfhal-
ling armie.-> that rhey had never enlifted, if they could fee
the prifoner, the prime leader of this all powerful autho-
rity, and his immediate fupporters, compofed of clerks,
bankrupts and nechanics, and thofe again forrour.ded by~
50 or 60 perfons ciftinguii^ed only for their crimes; I
fay, they would form a very different notion of that
** Might j Confute f*l with whole foitun they have united,
KQM
I 21 ;
from that which perhaps they have been for a moment
feduccd to entertain.
But the appointed hour arrives the prifoner puts him-
felf at the head of his motley Banditti the party at this
time amounts not to 1 00 men, but there is an expecta-
tion of numerous recruits arriving from the country, they*
are expeted to approach through every avenue. He
marches out with his piftols on either fide, and his fword
glittering in the air the implements of death are diftri-
buted amongft his crew. -He leads them into Thomas-
Jireet) and even there this migruy army does not amount
to as many men as have fmce attended the execution cf
any of thtfe unfortunate perfons. The people took a'
moment for reflection - they faw the mifery to which they'
were devoting the country, and the immediate deftru&iou
in which they were involving themfelves, they refufed to
afTemble at the call of this (elf-created government, and
when the moment of attack arrived after eight months
premeditation, there was to be feen a General without an
army Colonels without regiments Captains without
companies. They had counted recruits upon paper,
they had prepared ammunition, they had Itored up arms and '
had every necelury ingredient for rebellion, but men.
I am happ; to dwell upon every circumftarice that can
contribute to ihew the returning good fenfe of the people.
Their manner of reafonirrg upon the fubjecl may have
been very fimple and conclude: u Shall we enlift in the
Rebel Army - without bounty (hall we ferve in it without
fay {hall we incur the rifle of being kllUd in the battle
and the itill greater danger of being hanged^ if we fur-
vive." Arguing thus they find, that his Majefty's is a
more honourable, a- more fecure and a more profitable
fervice. When they with to join his ranks they are paid
bounty upon enliltmg, they receive pay white they ferve,
they (hare an honourable danger in the field of battle, and
the fur v Ivors live to the thanks and the gratitude of their
country I he loyal foU'ier feels not like the rebel, whofe
worft fears arife when the danger of the battle is over,
when- the fword is removed from his view, the ftill more
formidable halter fwims before his eyei;, and haunts him
with a terrific vengeance better adapted to his guik.
Upon this fatal evening, the infatuated few, who compofed
the mob, came forward only to fly, and that rebellion,
which was to have taken the Caftle annihilated the
Govern- '
f *2 )
Government' and dethroned the King, fled prec ;
in every direction, and I am at a lofs to fay whether
the General led the way, or became a follower in the
flight.
What part did the Prtfoner take in that remarkable tranf-
action, after we left him in Thomas-flreet at the head of his
paltry band, I am not inftrudted to detail-. The pu-f;!!
inous cruelty of his rabble, though itfhrunk from combnr, in-
dulged itfelf in the indifcriminate mafThcre or" the tinoffirnd-
ing and unprotected. -He either continued with them' \
participated in their crime?, or what is perhaps a more
charitable conjecture, he retired to fome other malr w;
houfe to receive in council the keys of his M^ijef'y's Cal'tlr,
or pofilbly his understanding returned when it was tool.
and finding at length the refult cf bis boailcd effort to
accomplifti the revolution, he and his brother gem:
fled. But without purfuing them further in their progrcfs,
lor a minute I will call your attention i a the depot wr,.
he abandoned and the papers which were found in it {
fball not harafs your feelings or (Jiftrefs my own by ftating
the atrocities of the night excefles were commrtted, whicn
cifgraced the capital. It is unneceMary and painful fvdvvdi
upon them. This famous arfenal of treafon fo ftrongly
garrifoneJ at an early part of the evening an<J which con-
tained fuch /lores of ammunition, was carried by the aflault
of a private foldier wiih api^ol in his hand. 1 hi-conte:
cf this depot now fo notorioufty known will be detailed to
you in evidence. There were found in it feveral fuits n, c
regimentals fome ftands cf rebel colour?, and particularly
afmall defk, which belonged to the prifoner, and from whiclr
it appears he had occafionally taken his regimental coat nr.d
Several papers, and at which he was in the r::h: < -r \vi iting.
Amongft the papers fou::d there, was a letter from
jlddii Emmet, the Prifoner's brother; it is directed to
41 Mrs. Emmet" hut at the infide appears to be addrefied .
and written to the Prifoner himfelf. 1 mentionit not on ac-
count of its contents, but as fhewing along with other cir-
cumftances the Prifoner's prefence in the depot, an-J his
property in the defk : there was found a fong addieffrd to
him under the name of Robert Ellis, Butter/if^ which not
only connects him with . the defk and paper.', but conHtms
a former tranfaclion which I ftated to you ; there was found
aifo a long trcatife upon the art of war, which is a further
circumftance to connect him with the defignj there was
pTfa found a copy of the greater part of the large procfa-r
mation ; fome of the foremolt pages have been loft, but fuf-
Jident remains to iliew it was an original draft; and that the
printed copy was taken- from it : it is in various parts inter-
jiiK'd and words are altered which give to it every appear-
ance of a compofition; and indeed to fuppofe that a man
vvould fn down to write that out in manuicript, of which
he Had fevcral thoufand printed copies, is a loofe conjecture,
ivhich, if it ftiould be pretended, it will be fcarce neceffary
to refute. There were alfo found not only a great number
of thole proclamations, which have been fo often proved
Jipon former occaiiqns '. but aJfo another to which I fhall
fnonly call your attention. The large proclamation is ad-
firdfed by " the Provj/unal Government to the people of
Jfreland" the other i~ addreflcd " to the citizens of Dublin"
c.ily, and it avows, what I before ftated, that there is a
/connexion between this and the late rebellion, and indeed
it appears upon every occafion that thofe who provoked the
prcfent were araongii thcfe who efcaped the punilhment due
to the former.
It begins " A BAND of PATRIOTS mindful of their oath
and faithful to their engagement as UNITED IRISHMEN"
have determined to ^wz freedom to their country and a period
to the long career of ENGLISH OPPRESSION." And what
is thcoppreffion which is exercifed over us ? We live under
the fa ne King, v/e enjoy the fame conftitution, we arc
governed by the fame laws, we fpeak the fame language,
the fame fleets and armies protect us, we have common
f. iends and common enemies, in fhort we are united by
every tie of interei?, affinity and affection. But this is juftl/
conlidered oppjeilion by the fame fpecies of logic which
ponfidcrs a connexion with the defpatifm of France as the
means of promoting our freedom.- This proclamation then
goes on to ftate " that from the extremity of the North to
that of the South there is an univerfal co-operation." And
I am happy to fay that there has been a co-operation very
different from that which was projected, a zealous and hearty
concurrence of all 'ranks of people in fupport of their King
and Conftitution. You will recollect, gentlemen, thai in
the large proclamation there was a ftudied endeavour to
perfuade a large portion of the people that they had no re-
jigious feuds to apprehend from rhe cftablilhrneut of a nsvr
government. But the manifefto upon wnich I am now
Animadverting has taken fome what a different coarfs, an4
has
has revived religious diftin&ions at the very moment in
which itexprefles a dcfire to extinguifli them " CRANGE-
JVTEN, add not to the catalogue or your follies and crimes,
already have you been duped to the ruin of your country
in the legiflative union with its tyrant; attempt not an
oppofuion, return from the paths of delufion, return to the
arms of your coutrymen who will receive and hail your
repentance."
** Countrymen of all defcriptions, let us al with union
and concert, all feet?, Catholic, Proteltant, Prefbytcrian,
are equally and indifcriminately embraced in the benevo-
lence of our objedt." 1 will not apply to this pafTage all
the obfervations that prcfs upon my mind, becauie i am
fincerely defirous that one feeling and one fpirit (hould
animate us all ; I cannot but lament that there fhould be fo
many fe&arics in religion, but truft in God there will be
found amongft us but one political faith. But this manifefto
is equally unfortunate in every inftance in which it pre-
fcribes moderation. Attend to the advice by which it infti-
gates the citizens of Dublin, '* in a city each ftreet be-
comes a denle and each houfe a battery; impede the march
of your oppreiTors, charge them with the arms of the brave,
the pike, and from your windows and roofs hurl ftones,
bricks, bottles, and ail other cor-enient implements on the
heads of the fatellites of your tyrant, the mercenary, the
fanguinary foldiery of Ir NGLAND." Having thus roufed
them it throws in a few words of compofure " reprefs,
prevent, and difcourage excefles, pillage and intoxication;"
and to enfure that calmnefs of mind which is fo neceflary
to qualify them for the adoption of this falutary advice, it
defires that they will u remember againft whom they fi^ht,
tneir oppreflurs for 600 years, remember their maflacres,
their tortures, remember your murdered friends, your
burned houfes, your violated females." Thus affeding to
recommend moderation, every expedient is referred to,
\vhich could tend to inflame fanguinary men to thc-com-
rnifuon of fanguinary deeds.
Gentlemen, you muft by this time be fomewhat anxious
to know the progrefs of the general, who efcaped the
memorable action which was intended to be fought ; and
the firft place in which I am enabled to introduce him to
x'cu, is" at the houfe of one Doyle^ who refides near the
\Vicklow mountains. I here the general and his ca .,-
took refuge, at the commencement of the follow-
ing
inj week; they arrived there at a late hour; the general
was ftill drefled in his full uniform, with fuitable lace and
epaulettes, and a military cocked hat, with a confpicuous
feather. The two other pcrfons I have already mentioned
Were alfo decorated in green and gold. . They reprefented
themfelves as French generals, and fpoke the French lan-
guage, in expectation of ftimulating the people with the-
profpect of foreign aid. The prifoner, it will appear, occa-
fionally fpoke broken Englijh\ and that the lieutenant
generals followed his example; there were fourteen men in
the party, all armed, thirteen with blunderbufles, and one
with a mufquet : The generals went to bed with their hoft,
leaving their followers in the true fpirit of equality to fhift
for themfelves you will find them altogether under thefe
ci re um (lances, and obferving fuch conduit as will leave
ho doubt upon your minds as to who they were, or for
what purpofe they fled; Indeed if any mark was w nting,
they fupplied it, for they left one of the fmall proclamations
behind them, which I have already defcribed. From
thence, they proceeded to the houfe of Mrs Bagnall^ and
finally they left the mountains and returned to the city of
Dublin. What became of the other perfons is foreign to
the prefent inquiry ; but we trace the prifoner from tnofe
mountains, to the fame houfe in Harttds'-crcfs in which he
formerly refided, and afFuming the old name of Hewitt,*
he arrived there upon the Saturday after the rebellion; he
had then abandoned his hat, his regimental coat, and the
tide of general: but he retained his black (tock, his regi-
mental breeches and waiftcoat, and his Hcffian boots; thefe
he could not with fuch readinefs change. The vicillitudcs
of fortune at all times call upon the mind for reflection,
and even when they are occalioncd by the difcomfiture of
guilt, they draw with them fome involuntary ftiare of
commiferation. What a diftreffing pidture does this young
man exhibit in this aiHi&ing fituation f he who was lately
preparing arms and ammunition for the thoufands he was to
command, and laws and conititutions for the ten thoufandfc
he was to conquer jVjhVw^s to have been feated in his Ma-
jcity's Caftle, and to have (haken the Britilh Empire, is
fallen from his tantaflic dreams, reduced to become a
voluntary prifoner, ^fnd to confine that ambition which
embraced a nation, within the narrow limits*of a ceil,^here
he lay trembling at every blaft, and meditating plan*, rtotof
f onqueft, but elcape. His chief confutation appears to
have
avc been in the occasional fociety of thofe friends v.hff
received him.
The entire amount of hi.s converfations with them I do
not expect to difclofe, but it will appear that they turned
upon the difcomftture of his fchemes, and his defeat at Thimas-
Jireet^ he ipoke of the fplendor of his uniform, acknow-
ledged he wore it in tne battle, and fpoke of the depot
in fuch lamentations as a general would regret the lofs of
his magazine; he fpoke of the proclamation as if he was
the compofef of it; we find him occafionaly betraying hi$
fear?, by dating that upon any alarm he would get out of the
back window of his room and fo efcape, through the fields ;
in fhort numberlefs circumftances will occur, if they were
neceflary to corroborate the feveral witnefTes, who will be
produced againft him. Having remained a month in this
concealment, information was had, and Major 5/Vr, to
whofe activity and intepidity the loyal citizens of Dublin
are under much obligation, did confer an additional and a
great one, by the zealous difcharge of his duty on this oc-
cafion. He came by furprize on the houfe, having fent s
countryman to give a fingle rap, and the door being opened,
the Major rufted in, and caught Mrs. Palmer and the Pri-
foner fitting down to dinner: the former withdrew, and
fhe Major immediately afked the Prifoner his name, and as
IT he found a gratification, in a/Turning a variety of titles, he
faid, his name was Cunningham; that he had that day arrived
fn the houfe, having been upon a vifit with fome friends in
the neighbourhood: the Major then left him in charge with
another perfon and went to enquire of Mrs. Palmer^ con-
cerning him; fhe faid, he was a very proper young man of
the name of Hewitt^ and that he bad been in her houfe
about a month ; the Major at this moment heard a norfe and
he found that the Priforrer was endeavouring fo efcape, but
having been ftru'ck with a piftcl by the perfon who had ths
cuftody of him, he was by that means detained ; immedi-
ately further afliftance was called in from a neighbouring
guard- houfe, and an additional fentry was put upon him ;
fhe Major then again proceeded further to interrogate Mrs.
Palmer ; when the Prifoner made another effort,- got into the
garden through the window, but was at length overtaken by
the Major, who, at the peril of his life,' fortunately fecured
him; when the Major apologized for the roughnefs with
Which he was obliged to treat him, the Prifoner replied
* l all was fair in war," there wte found upon his perfo.-i
a variety
i variety of papers, but it will only be necefliry to call
your attention to a paragraph or two in one of them, as
applicable to your prefent inquiry; there was another paper
found in his room upon a chair immediately near him, and
which we impute perfonally to him, but being found con-?
ftru6tively in his pofTeffion, it is as ftrong evidence againft
him as if found upon his perfon, and if there was no other
circumftance in the cafe than this paper, it would be fuf-
ficient to fliew that we have not been miftaken in the ac*
cufation which we have preferred againft him.
The firft paper I allijde to appears to have been written
by a brother confpirator acquainted with his fchemes and
participating in his crimes j it fhews, I think pretty clearly,
that the Prifoner maintained an intercourfe with foreign
countries ; it alfo (hews that every intelligent rebel is not
without his fhareof apprehenfions from his allies in France^
and it alfo gives pretty nearly the fame view of the con-
fpiracy with refpe<5t to its ftrength, its union and its re-
refpe&ability, which 1 took the liberty to fuggeft upon the
firft opening of this commiffion; the firft paragraph is this;
" I fhould wifh to know particularly from you how matters
f c ftand at prefent (if you would not be afraid,) and par?
" ticularly what are your hopes from abroad^ and whether
" if they pay us a yifit; we (hall not be worfe off' than
tc before" What a natural reflection for a perfon who
has probably been no Inattentive obferver of the French
Revolution; that revolution commenced for the rcdrefs
of grievances, which were admitted to exiftj but when
thofe were done away, the wild fpirit of modern philofophy
would not permit it to ftop. It fought for an univerfal Equa-
lity in which there fhould be no one to command, and no one
to obey, againft the dictates of reafon and the ordinances of
God. Its firft efforts were attended with anarchy and
blood, many painful ftruggles fucceeded, until at length the
fufferings of the people fubfided into fubmiflion. Having
fliaken off the fceptre of a lawful King, they wre obliged
to take refuge, from their diftra&ions, in the power and
authority of a military ufurper. They have fince endured
him in filence the turbulence of freedom has funk into
a tranquil tyranny. But to preferve the difcipline and
affections of that army with which he enflaves his people,
he finds it neceflary to procure it occupation and plunder.
lie accordingly infii&s it upon every neighbouring nation,
cither
C 28 )
either as a friend or as a foe, robbing the weak and cheat-
ing the credulous.
And therefore the infatuation and blindnefs of confpiracy
has not gone fo far as not to feel that the moment fuch ail
army take pofTelTion of this country, there will be an end
of law, ofjuftice, and of religion; all will be fuperfeded by
a military and mercilefs defpotifm, and therefore the con-
fpirator himfelf, when he invokes French afliftance to fub~
vert our government, deprecates the notion of their ef-
tabliftiment amongft us; but who can let them enter and
then prefcribe the limits of their courfe and the extent of
their dominion; who can draw a line around them and fay,
thus far (hall death and defolation fpread but no farther.
Nothing but blind infatuation could wifh to make the ex-
periment. 1 (hall now ftate to you a paflage which I think
of the greateft importance, not only as it difclofes the opi-
nion of a brother confpirator upon what has happened, but
intimates pretty (trongly what may be expected in future ;
the words are " He is very defponding however, and
<c fays, the people arc incapable of redrefs and unworthy of
*' it ; this opinion he is confirmed in by the late tranfaclion,
" which he thinks mutt have fucceeded but for their
*' barbarous defertion and want of unanimity ; as to the
" French invalion, he thinks it may hot take place at all,
" and that their plan may be to wear down the Englifh, by
" the expence of a continual preparation againft it."
I (hall now trouble you, Gentlemen, with a few, extracts
from a paper which was found upon a chair near the l j ri-
foner at the time of his arreft. It appears to have bem
dictated by a wifh to arreft the adrninftration of juftice and
to deter government from purfuing that temperate but in-
flexible courfe which it had adopted. Gentlemen^ there
is no bread fo hardened, no confcience fo callous, that has
not in the progrefs of guilt fome momentary compunctions;
-the Prifoner felt them; he heard of (he peifons who were
apprehended, and of this commifiion which iflued for their
trial; he expected jhe conviction and the death of thofe
whom he had contributed to feduce, and having vainly
conceived that the threats of his proclamation had intimi-
dated government in the firft inftance from proceedings by
courts martial; he was refolved to try the effect of another
effort to fufpend altogether the ordinary adminiftranon of
the law > he accordingly addrefled a paper to government,
which
( 29 )
which begins with the words, " It may appear ftrangte
<c that a perfon avowing himfelf to be an enemy of the
" prefent government and engaged in a confpiracy for its
<c overthrow, ftiould prefume to fuggeft an opinion to that
c< Government of any part of its conduft, or could hope
u that advice coming from fuch authority might be re-
" ceived with attention."
It then goes on to ftate that the writer, " As a man feels
the fame intereft with the merciful part, and as an Irijhman
with at leaft, the Englijb part of the prefent Adminiftra-
tion."
Here you will allow me to obferve that in all their pro-
clamations, they endeavour to draw an odious diftin&ion
between the Englifl), who fupport in this country the Ad-
C%iniftration and thofe of Irijh birth, who prefume to do fo.
The King's army is to be treated as prifoners of war ; but
Yeomen are to fuffer as rebels; the fame threat is held out to the
Irijh Militia; if taken in battle they are not to be honoured
with the appellation of prifoners of war, but are to be tried
by court martial and fuffer death for their infidelity.
He then fays, he will " communicate to them in the moft
precife terms that line of conduit which HE may hereafter
be compelled to adopt, and which, however painful it muft
under any circumftances be, would become doubly fo if HE
was not confcious of having tried to avoid it by the moft
diftinct notification." He then proceeds to tell them in
the language of an ambaflador " that it is not the intention
" of the UNDERSIGNED, for the reafon HE has already
* c mentioned, to do more than ftate, what Government itlclf
" muft acknowledge, that of the prefent confpiracy, it
" knows comparatively fpeaking Nothing." = In this
unfufpeling moment of confidence HE little knew that his
plans were all developed and his retreat afcertained. But
let us follow the paper a little further, and here let me en-
treat the attention of all parts of my audience, '* Inftead
**of creating terror in its enemies or confidence in its
" friends, it will only ferve by the fcantinefs of its infot-
" mation to furnifh additional grounds of inveftive to thofc
" who are but too ready to cenfure it for awant of intel-
" ligence which no capacity could have enabled it to
" obtain."
This paffage i* directed to thofe who fuppofe, \vhen any
difturbances take place, that rebellion rages in every parifti,
and is to be found in every houfe; who immediately ex-
( 30 )
claim at the fupinenefs of government, if it docs not inftantly
trace by intuition or magic the moft remote and hidden
fources of treafon or difaffeclion. And vvbo dill more
charitably conclude, that the Government knows nothing
which it does not proclaim, without confidering how many
things the public interefts require to be concealed. When
anydifafter occurs, fuch perfons delight to go about amongtt
their friends, defcribing with wonderful precifion the accu-
racy with which they forcfaw every circumftancc that has
taken place; indulging in a fpecies of rettofaeftive prophecy^
\vhichcertainlycan never bring their fagacity to ciifgrace.
But what greater proof need there be of the vigilance of
our Government than the neceflity which thefe three Con/ti-
lution Mongers were under of confining their treafons to an
obfcure houfe, under feigned names, without any commu-
nication or concert with the people. The circumfpe&ion of
Government had fo encompafted them, that their rebellion
did not venture out of doors. Is it very furprifmg, gentle-
men, that under thefe circumftances, and during a period of
domeftic tranquillity, the prifoner, the bricklayer, and the
clerk, fhouid have been permitted for a few months to in-
dulge in a little houfehold confpiracy; concealing arms and
ammunition, but overlooking the trifling circumftance of
providing men to make ufe of them. But when their
Jchemes grew bolder, when the circumfpeclioa of Govern-
ment could be no longer eluded, you fee how treafon was
dwarfed by the narrow limits within which vigilance had
reftrained it. The moment it burft, it evaporated.
Within an hour, and with a force not amounting to one
hundred men, this formidable rebellion was extinguiflied ;
and the mighty mafs of eight months preparation melted
into nothing.
This paper then interrogates, * Is it only now we are to
<c to learn, that entering into confpiracy expofcs us to be
" hanged r" I do proteft, from the. read inefs with which
fome men enter into treafonable purfuits, it would appear
as if this falutary leffon remained to be taught, and I v/ifh
that no man would embark in thefe dangerous projects,
without ferioufly afking himfelf, whether he is prepared to
fubmit to the forfeiture, which will be incurred by his of-
fe.ice the lofs of life and of fortune, and the abandonment
of a wife and family to the pains of wunt, and the reproaches
of the world. It further afics, "Arc the fcattered mft-ances
u now to be brought forward, neceffary 10 exemplify the
" feature?
-t ftatute ? If the numerous ftriking examples which have
* already preceded were inefficient. If government can
" neither by the novelty of punifhment, nor the multitude
<c of its victims, imprefs us with terror; can it hope to
" injure the body of a confpiracy impenetrably woven as
" the prefent, by cutting off a few threads froiri the end
"of it."
Here, in a very feeling, pathetic addrefs, the government
is called upon not to facrifice the victims in their poffefnon,
bccaufe they were not the heads, of the confpiracy, but as
xpreffed in this paper, a few threads in the end of it.
Gentlemen, I couljj wifh that fuch feelings and com-
paffion had come upon the prifoner at an earlier day; that
he had revolved in his mind the train of calamities infepa-
rable from Civil War and internal commotion and, thut
he had a little adverted to the poffibility of punifliment, be-
fore he had incautioufly provoked the conimiflion of th-s
crime. I could wifii he had reflected fooner, that by
heading that furious mob, which burft into Thomas jlrr.'t,
more human blood muft be facrificed, than could be filed"
by this commiffion, were it to fit for a yezt three times a
greater number of his rebel friends fell upon that futiiT
evening than has been fince devoted to the offended juftice
of their country. But how diall I fpeak of the loyal and*
unoffending ? that rebellion lafted but a little hour, and
wkhin that (hort period, it deprived our Country of more
virtue^ than this Commifiion could ftrip it otf vrere its
Adminiftratron to be eternal.
I do, however, fincercly lament, with him, that forrie
of thofe who have been hitherto brought to juftice, were,
comparatively fpeakingj infignificant perfons : They were
not, I admit, prime movers of tbc treafon. But, 1 truft,
the Commiffion may not pifs over without fome diftin-
guifhed examples. It rs certainly of much greater
importance that the wck itfelf fhould be cut, fhan that
we ihould merely take a few threads from the end
ef it. J>jt Jt will be found abfoltitcly neceflary
that both (hould be done. The unhappy inftrument^,
as well as their principals, muft atone for the mif-
chief they have committed. For though it is true that
there would be no rebellion if there were no confpira-
tor, f6 it is equally true, that there would be no con-
fpirators, if there were no inftruments to be worked with.
If perpc:ra:ors were not evilly fupplied, and if (ome un-
happy
( 3*. J
happy people were not too ready to connect themf.
with the avarice and ambition of others, treafon could not
be harboured for a moment, even in the moft heated ima-
gination ; and therefore, examples among the lower order*
are as neceflary facrifices to juflice, as the firft confpirator
in the land. But I acknowledge the former move to the
fcaffold with different feelings and an eafier mind. Thtf
man who by his fchemes has forfeited his own life, and fa-
crificed the lives of others, is doubly guilty, and at the
awful moment of retribution muft labour under accumu-
lated remorfe.
Gentlemen, I have upon all former occafions felt a
confiderable anxiety, that any warmth which may be in-
duced by the difcharge of my duty, fhould not lead me toi
exceed it. I have prefled upon every fucceffive jury, milJ-
nefs, clemency, and moderation, i am fure, in thofe
feelings you anticipate any recommendation of mine. I
requeft, that nothing which has fallen from me, and which
1 have ftated only with the view of making the mafs of
evidence intelligible,' may have any other operation.
My ftatement is merely intended to make you more rea-
dily underftand that evidence which fhall proceed from
Others, not to make any impreffion itfelf.
If I have faid any thing to incite within you an addi-
tional indignation againft the crime, J am not forry for
having done fo; but I do not mean in expreffing my
ftcYror of the crime to prejudice the criminal, on the con-
trary, in proportion to the enormity of the offence fhould
the preemption be that he has not committed it. 1 muft
alfo requeft, if you have heard before this day of the Pri-
foner's name that you will endeavour to forget it; tho
vague and uncertain rumours of popular mifreprefentation
{hpuld be entirely forgotten that which may have been
matter of idle converfation, fhould not work againft the
Prifoner at the awful moment of trial. You have the life
of a fellow fubjeil in your hands, and by the' peculiar be-
nignity of our laws, he is prcfumed to be an innocent man,
until your verdict fhall find him guilty. But in leaning
againft a bias you muft not take a direction the other way.
if upon the whole we fhall lay fuch conclufive evidence
before you as no human mind can refift, you will be bound
to difcharge your duty and to find the Prifoner guilty. But
in the inveftisation of that evidence every former feeling
of your minds*muft be difcharged liften with attention-
give
( 33 )
give the Prifoner the full benefit of any defence, which he
may make, and difpaflionately confider the nature of his vin*
dication. But on the other hanc, Gentlemen, you have
a duty to difcharge to your King and Country Many
victims have fallen, who undaubred'y my no , bft aft-dly
taken, have incurred any very conliderable proporcion of
guilt. Men, who incapable of deciding for themfeives
have been abforbed in the guilty ambition of others ; but,
if it (hall appear, that the Prifoner was the prime mover of
this rebellion, that he was the fpring which gave it life and
activity, then 1 fay, no falfe feeling of pity for the man,
fhould warp your judgment, or divert your underftanding.
I know the progrefs of every good mind is uniform; it
begins with abhorrence for the crime and ends with com-
panion for the criminal ; I do not v/ifli to ftrip misfortune
of perhaps its only confolation.
But it muft not be carried fo far as to interfere with the
adminiftration of public juftice. It muft not be allowed to
feparate puniftiment from guilt ; and therefore, if upon the
evidence you {hall be fatisfied that this man is guilty,
you muft difcharge your duty to your king, to your coun-
try, and to your God. If on the other hand nothing
fhall appear fufficient to affecl: him, we fhall acknowledge
that we have gricvoufly offended him, and will heartily
participate in the common joy that muft refult from th*
acquittal of an innocent man.
JOSEPH RAWLINS, fq.
Examined by the ATTORNEY GENERAL.
Q. Are you acquainted with Mr. Robert Emmet, the
Prifoner at the bar ?
A I do know him.
j. Pray, fir, do you recollol feeing him about
Chnftmas laft?
A. I do rccolleft feeing him fome time in the month
of December laft, before his father's death.
*>i Had he been long in Inland^ or did you collect
from him that he had been long abroad ?
d. I undcrftood from him, that he had been to fc
his brother in Srufjeh.
F Crcfs-
( 34 3
Crofs- Examined by Mr. BURROWI.J.
jP. Did you underftand that from hmfelf ?
A. Yes, froin himfelf.
4>. You had convcrfations with the Prifoncr fhortty
after his return ?
' j. Yes.
<;>. Had you many ?
A. No. 1 had converfations with him {hortly after,
as I undei flood from him, his arrival from EruJJeh at
the time his father was dying-
^ Did it turn upon continental politics ?
A. Yes : he faid the inhabitants of the Aujlrian Ne-
therlands execrated Buonaparte's government.
<P. Did yc-u not from the whole of the conver&tion
collect, that ha highly condemned that government ?
/ it certainly made that impreflion upon my mind.
GEORGE TYRRELL, Efq.
Examined ly the SOLICITOR GENERAL.
<. I believe you are an attorney?
A. I am.
>. Are you acquainted with Mr. Rocney?
A. I am.
<^. Where does he live?
A' No. 62, South Great George' s-Jlreet.
6X Were you ever employed by him to prepare a
leafe to any perfon ?
A- I was.
<>. To whom was the leafe to be made ?
A. To Mr. Robert Eli is,
Q Of what premifles was the leafe ?
A. Of a houfe and land in Butterfield-ltne^ near Ratb-
farnbanT.
5. Did VOH prepare the 1 cafe?
s!. I did.'
\ Did you go to any place to have it executed ?
A I went to the houfe to fee it executed.
>. Is that the leafe? (producing a leafe io the wh-
nefi.)
A. It is.
2. Did
. Did you fee it executed ?
A. I did.
3>. Are you ,a fubfcribing witnefsltp it?
/f. I am.
4\ By whom was it executed ?
A. By Rbbert Ellis,
4>. Do you fee that perfon in court ?
A. 1 do; he is the prifoner at the bar.
), Did he execute that leafe in your prefence, in the
~ C D L A VI 9 "
name of Rokfrt Elm? ;
. H d d
4>. Who was the other witnefs?
A. JKlliamDrjudalt: '
g. Had you known him before ?
A 1 knew his name and perfon, but was not aco A uaint-
ed with him,
4J. Where did you go to have the leafe executed ?
A, To the houfe itfelr'.
?. Whom did you fee there?
A. Mr. ///V, Mr. Dewdall, and another perfon-, fitting
at dinner.
4\ Was that in the houfe demifed by the leafe I
A. Yes it was. -IYAA'I
4>. Did he execute the leafe there ?
A. Not immediately. He \vent from that to the houfe
of Mr. Froynty which joins the premiiles, a::J there the
Jeafe v/as executed.
<%* You fay that Mr. Dswdali's perfon was familiar' to'
you? '
A. It was.
Q. \Vhat part of the country did he come from :
A. He lived near muUingar.
. And you are a native of that country ?;.
A. I am. t
&. Did you know any thinir rcfpefllnp -Dswdatt
i e 5 r **
before ;
A. I heard - : .
Mr. EURROWES. You- cannot g^ve evidence frorr^
feearfay. The witnefs mul^ fncals, from his own know-
( 36 )
LORD NORBURY. No doubt he muft, his hearfay is
not evidence.
Mr. SOLICITOR. GENERAL. My Lord, I did not in-
tend to offer fuch evidence. I had interrogated the
witnefs as to his knowledge^ and finding he can only
anfwer from bear/ay, I do not prefs the queftion.
4\. At what time was the leafe executed ?
J. In the month of June.
$>. Was it executed the day it bears date ?
A. It was.
6?. Had you ever feen the Prifoner before to know what
his name was ?
A. No.
Crofs Examined by Mr. MAC NALLY.
4J. Did you ever fee the Prifoner before ?
A. No.
^. You never faw Mr. Ellis fince ?
A, Not by the name of Eiiis.
MICHAEL FRAYNB,
Examined by Mr. PLUNKET.
$>. Had you been executor to a perfon of the name of
Martin^ an attorney ?
A. He appointed me an executor, but I never ac-
ted.
G). Who was the other?
A. 'James Rconey, a Brufh-maker, in Great George's-
>. Had Martin any houfe or property to be difpofei
of?
A. He had.
4>. Where fituated ?
A. Jn Buttei field-lane, near Ratbfarnham.
J^. Do you recoilsct any application by any perfon
for taking it ?
A I do.
4, When
( 37 )
j When?
4. I believe upon the 2ift of April I was going
through George* s-Jireet, and flopped at Rooney's door.
He told me he had a gentleman in the parlour.
Mr. BURROWES, I muft object to the witnefs ftating
any converfation with Rooney.
$>. Did you go into the parlour ?
4. I did.
4J. Did you fee any one there ?
A. I did - a gentleman who went by the name of
Ellis, to whom Mr. Rooney introduced me, and faid, he
was tp be my neighbour.
4>. What patted ? .
A. Mr. Rooney faid he was after getting fixty-one gui-
neas fine, and that the gentleman was to pay fixty-onc
guineas a year.
j^. Look about, and try if you fee that perfon?
A, That is the gentleman (pointing to the Prisoner).
4>. You have no doubt that is the perfon ?
A- Not the fmalleft in the world.
Q. Was that the gentleman who paid the fine of 6r
guineas?
A. That very gentleman there was no other prcfcnt.
j^,. You live in Butterfield+lane?
A- Yes.
4J. Did you get any direction about giving pofleflion ?
A. Yes, as I was upon the fpot, I was defired to give
pofleflion to any one who fhould come from Mr. Ellis.
Upon the 23d, a fervant came to me from Mr. Ellis, with
a note but I do not recolledt, whether the note was from
Mr. Rooney or Mr. Ellis. I walked over to the place and
gave the fervant pofleflion.
4?. You live near the place ?
A. Very near.
^. Had you any opportunity of feeing the condu& of
{hat perfon afterwards ?
A. Mr. Emmst did not come for a fortnight after the
fervant had got pofleflion there were workmen making tip
the fences and doing other things it was a fortnight after
that I faw him there.
^. Did you fee any other perfon there with him ?
4 I did.
218413
( 38 )
^. Did you know them ?
/7. Only one, who figned his namr, DvxdaU\ there
was another perfon there, but I do not think I would know
him. T^ e 7 kept thenvfelves in fuch a manner that they did-
not mate "ee with me, nor did 1 think proper to be free
with them.
&. About how long did the Prifoner continue to refidc
there ?
A. As near as I can examine or confider, not more
than two months for in "June the leafe was executed j he
came in a fortnight after the agreement was made, which
was the 2ift of April> and I did not fee him for a fortnight
before the breaking out of the difturbances.
j^. He got poffeflion before the leafe was executed ?
si. He did.
Q. Had you an opportunity of making any obfervatioq
upon the manner in which thefe two perfons lived while at
Butterfield ?
A, They lived very quiet no noife, nor drink they
lived in a fequeftered manner, as. if they did not wUh to fee
any people.
. Q Did they live conftantly there ?
A. I met them -very often on the rc>ad, going to town,
though 1 did not fpeak to them, as they did not make free
with me.
^. Did you fee how the houfc was furnifhed ?
A. Only the day the leafe was executed. The Attorney
ca!i.\! ;:pon me and afked me, what kind of people they were ?
1 &id, 1 did not know; that they were an odd fort of people
we w-jnr there to have the leafe executed we rapped at
the o:x : and the fervanr faid, her mailer would come down
we Walked into the garden, and Mr. Ellis came down
Mr. Tyrrell faid he had the leaks in his pocket, and us he
V/as going circuit, he wifneci to have them executed Air.
Ellis brought us into the parlor, where were two other per-
fons at dinner they afkc-j us to dine - but there being no
chairs, we felt a little awkward, and I faiil 1 had dined, and that
Mr. Tyrrcl \vas io go to town I br<n.--.,hr Mr. 7>;v/ over
to rny houfe with Mr. //;'; there the leafes v. .::eu,
Crcfi Examinsd by Mr. B u R R o W I : -
\ Have you often fccr. 'Mr. DrxdaU?
A. I have,
$.
* -
: ( 39 ) -.. .-."Jj- .
Q. Did you" ever hear him go by any name but|ihat of
Dtwdatt?
A. 1 neVer heard his name but on that day; he was
with the Prifoner back and forward.
By Mr. Emmet.
Q. Did you^ever fee Mr. Dowda!l\\e there?
A. I do not know whether he did or not I never fkvf
him in a bed-room.
By Mr. PLUNKET,
<g. Can you tell whether Mr. Emmett flept there or not ?
A. 1 can not, only one morning I called there with Mr.
Reoney and the maid laid he was not up.
By Mr. BURRO WES.
*>. You considered Mr. Emmet as the inhabitant of the
houfe ?
A I did.
>. Did you ever fee any parties there, to dinner or for
any other, purpofe ?
A* No, 1 never faw any party there of any kind.
JOHN FLEMING,
Examined by Mr. MAYNE.
^ Pray, Fleming, where did you live in the laft year
before the 23d of July ?
4. At Di/hm's, The White Bull.
3, Where is that ?
-^. In Tbomas-Jlreet.
S>. A public houfe I believe ?
J. Yes.
Q. Were you in any employment there ?
A- I was oftler, Sir.
^ What countryman are you ?
<* County Kildare man.
About how long had you lived at DIHon's?
From harveft laflr.
Do you know the lane called Mafs-lane, or Marjhal-
?
\ do, ; s ".
*J. Is it convenient to Dillon's houfe ?
A. Dillon's yard reaches to Marjhal-lane\ getting the
cars in is from that lane.
Q. From what ftreet, to what ftreet does it run ?
A- From Dirty-lane up to the Marjhalfea.
>. Were you ever in any particular houfe or ftore in
that lane ?
A. I was in that ftore; the depot as it is now called.
^ It opens into Marjhal-lane ?
A Yes.
4J. And part of it is next Dillon's premifes ?
A. Yes.
>. How came you to be there, did you knovr any peo-
ple there ?
A. I did, different people more than I can mention at
prefent.
4? r Were you in confidence with them ?
A. I was fo far in confidence with them that I brought
them ammunition and other things; I obeyed the orders of
my mafter, and he defircd me to do what they bid me.
j^. Then you brought feveral things there ?
A. There were feveral things brought through our yard,
and fome from Dirty-lane.
>. About how long were you in this ftore before the
23d of July?
A, I cannot fay; I knew it a few days after it was taken
from Mr. Coleman\ I was told, it firft was for a timber yard,
but afterwards I was told the bufmefs it was for.
4*. Were you often in it before the 23d "July?
A. Sometimes three or four times a day, fometimes
once or twice a day, fometimes to the door : Of a day I
had a throng I did not communicate with them.
4. They knew you were a perfon who had permifiion
to go in there ?
A. They knew I had liberty to go in or out without
afking me any queftions.
J^. What did you firft fee there ?
A. Firft, making pike handles; fecondly, heading them.
$>, With the iron part do you mean ?
jf. Yes.
Mr. BURROWES. My Lord, I muft objedl to this evi-
dence as not afft&ing the Prifoncr at th bar.
Mr.
( 4* )
Mr. MAYNE. We will conned it with the Prifoner at
the bar, at prefent we offer this evidence as fhewing a con-
fpiracy and the preparations made for it.
Lord NORBURY. As proving a general confpiracy, it
is admiflible evidence; and I hope the trial will notbeem-
barrafled hy objections that do not bear argument; thecon-
ftant practice is firft to prove a general confpiracy, and then
to (hew the prifoner connected with it.
Mr MAC NALLY. In Hardy's cafe the acts of the Pri-
foner were firft proved, and then they gave evidence to flie'vr
the extent of the confpiracy.
Mr. MAYNE. >. Did you fee any other kind of arm*
in that ftore-houfe befides pikes ?
A. I favr bluhderbufTes, firelocks, and piftols.
^J. About how long before the 23d of July-> might you
have feen them ?
A. I favv fome fhortly after they took the place firft.
J^. Can you tell how long before the 23d of '>
they took the place firft and^began to ftore it?
A. I cannot fay.
4^. Was it a quarter of a year ?
4. It was more than a quarter of a year they took it,
J^. Did you fee many df the blunderbufles, piftols and
firelocks brought there ?
A. I did. ..
Did you fee any thing done with any ammunition ?
I faw them making cartridges.
^. Was there much of that ?
A. They made a great deal of them, more than I can de-
fcribc.
Q (By the Court. What kind of cartridges ?
A. Ball cartridges.)
!?. Lto!c at the Prisoner at the bar ?
-^ I know him Mr. Emmet there.
^.' Have you fecn him before'?'
/* I have.
*\ When did yen fe-e-him firft to know him ?
A. The Tucfday morning after the blowing up in Patrick-
firtet.
$. Was there an explofion there ?
A. So it was mentioned, tterc was a man bloxvn up
there.
G , Was
( 4* )
.. Was that the nrft time you faw him ?
jf. The firft time to know him.
_;>. That was a week before the 23d of July ?'
A* I cannot fay.
4>. Where did you fee him ?
/f. In the lans j, I opened the gate of the yard to le*
it t^uigley and he met Mr. Emmet and Palmer.
Q, \Vhere did he go to ?
A. Into the {tore.
^. The place you have been dcfcribing ?
A* Yes.
'ie Court. Who went into the {tore ?
Palnur went away to fend in ammunition and &C-
others went in.)
**. How do" you know it was for ammunition ?
'- A. They alfced rne for three facl:s.
<*. Was the Prifoner prefent ?
A\ ' He was; I told him they had got facks before whicl*
\vere not returned : that I was accountable for them and
got them only from people who had corn and other things.
:. How did you know it was for ammunition ?
A. I was told of it.
-. Was the Prifoner prefent?
^V T T
A. He was,
^. What was faid ?
A. They faid the ammunition was removed from
Patrick-Jtreet to another place, and they went to remove it
and have it examined at the ftore.
>. Did you fee the Prifoner after that mornkig in the
fbre?
^. I did.
^_. Did you fee him often?
A. Moftly every time I went in I would fee him.
^, Were you there every day ?
y, IMoftly every day, and fometimes three or four
times a dJ'i i faw him every day either in the (lore or at
f^. \Vhen you faw him in the ftore, did you fee him
lo an-y thing ?
/I. From the inftant he came in, they would not da -
any thing without applying to him.
J^. Then he dirccUJ tht bufinefs which \vas goin:: en ?
^, He d'.d.
. n
t 4$ )
.. He knew of the making of the pikes and other
things?
A. He was the head man of it : he gave direflions to
>utgley-> and he to the others.
^. Did you know any thing of that Quigley before;
or what filiation in life was he in?
A. I never faw him, to my knowledge, till I faw hun
there.
4J. What line of life was he in.?
A. I was told
Mr. B^JRROWES. I objet to the wilnefs dating what
he was told, unlefs it was in the prefence of the Priforier.
^. What was the general account or reputation of his
trade ; did you happen to hear it mentioned in the prefence
of the Prifoner ?
A. In the prefence of Mr. Emmst ? No; I never heard
Quigley mention it in his prefence.
j^. Did you hear any thing read in the (lore?
A. \ heard a little fltetch j 1 did not take very muck
|otice of it.
4?. Who read it ?
A. Mr. Emmet.
>. What was the purport of it }
A. That every officer, non-commiffion?d o&cer, an^
private fliould {hare equally every thing they got ; and have
the fame laws as in France.
4>i What was it they were to fhare ?
A. What they got when they were to take Ireland^ or
Dublin.
'>. Did you fee any uniform clothes making there ?
A. I faw green jackets making.
*>. In that ftore ?
^. Yes.
'^. Who was making them ?
A$ Different ta.ylors.
1. Can you name any of them?
/I. Yes ; there was one Colgan.
>. YDU need not mention any others; you faw bin*
thef e ?
A. I did. '^
Q As I undcrftand, you jvcfe permitted to
fee every thing going on?
V?, 1 was.
C 44 )
.. Did you hear what thefe uniforms were for ?
A. I fuppofe they were for officers and non-com mif-
fioned officers
4\ Did you fee any particular uniform ?
A. I did.
j9. What fort was it ?
-^. A green coat with gold lace.
j^. Was there much lace ?
A. There was upon the fleeves and the fkirts, and
there were gold epaulettes, like a general's drefs.
J^. Did you fee any perfon do any thing with it ?
j*. The Prifoner took it out of a defk, and Qiewed it to-
tis all there one day.
>. Where was that defk ?
J. In the ftore.
4J. Whereabouts ?
A. In the firft loft.
4J. What did it ftand upon ?
Jl. I can't fay whether upon a frame or fome boards.
Q. Look at this, (Jbewig a dejk, which was put upcn
the table)) was it like this ?
A* It was the fame ; to my opinion this is it.
^. You faw the Prifoner take out of the defk there,
and which you think is this, the fine uniform you defcribed ?
A. I did.
6>. About what time before the 23d of July did you fee
him take it out firft ?
A. I cannot rightly fay.
4\ Was it a week ?
4. It was a few days.
^. Was there any other defk or thing of that kind in
the Itore but one?
4. I never faw any but the one.
^. Were you much through the ftore ?
A. I was in every part of it, and there could not be a
defk in it unknown to me.
^. Did you fee Mr. Emmet do any thing at the defk
befides taking out the uniform ?
A- Not with regard to uniforms.
f>. Hut did you fee him do any thing elfe there ?
,/{ I faw him take out papers, and put papers into it.
. Did you fee any other perfor. go to that defk ?
id.
Was
( 45 )
3>. Was there any other ?
A. Not to have any thing to fay to it.
>. Did you at any time fee there perfons having the
appearance of foldiers ?
A. There were two men; I was informed by theiu-
felves they deferted from the barracks,
^. Were they received there ?
A. They were.
4>. Did they ftay there?
A' They did.
<>>. Were you in that ftore upon the evening of the
23d of "July ?
4. 1 v/as.
^. Did you fee the Prifoner there that day ?
5. i d.d.
Q. Did you fee him* in any particular drefs that
evening ?
A* I faw him when he drefTed himfelf in his uniform.
^. What uniform ?
^. The green coat with gold epaulettes.
>. Did you obferve the reft of his drefs, befides the
coat ?
A- Yes: I obferved he had a white waiftcoat ani
white pantaloons, and a pair of new boots.
^. Did you obfsrve his hat ?
A. He had a fword, and a -bat and white feather.
&r Was it a round or a cocked har ?
At It was a cocked hat; an officer's hat.
^. Can you fay whether he had any fa(h on?-
-^. He had a fa{h on.
j^. Had he any other arms but the fword ?
A. He had a cafe of piftols.
j^. (Z?y //* 6W/. What colour was the fam ?
A. I can't fay; becaufe it was only by candle li^htl
fa\v him drefled.)
4*. Did you hear him ufe any particular expreiliort
that evening when he was drefling ?
d. Yes: V/heu he was drolled, he afked for a big
coat-
j. Did he fay for what purpofe?
X. Hp faid it was to difguife hi-s uniform till, he
to the party that was to attack the cattle.
5. t
2^. Did you fee any other uniform of this particular
kind with gold lace, except the one which the Prifoncr
Kid?
/I. \ did.
*>. How many?
A Quiglfy and Stafford hid uniforms of that kind ; but
nly one epaulette. hiisky had a white feather, and
Stafford a green one.
jg. Did you know Stafford?
A. I did.
' ^. What was he ?
A. h. baker, in Ihomas-ftreet.
6). Were there many people of that party working aL
fne pilces, making cartridges, bringing in arms, and re-
ceiving orders?
#. There were a good many.
How many do you fuppofe were there upon tht
More than I can mention.
How many do you think ?
There were fifty men, as far as I can judge, in th
depot.
^ XVere there more at that time than upon any former
evening ?
A A good many*
4J. Did they get any arms there ?
A. They d[d; pikes, piftols, blundcrbufles and fire-
and ammunition according.
>. Did they get them that evening \
jf. They did.
. Did they take them out of the flore ?
4* They did.
^. To what place did they go ?
** Towards Thomas-ftreft.
>* Did you fee the Prifoner going out, or afterwards ?
A 1 faw him at the door he drew his fword and called
ur, K Come oh, boys,'* &nd his attendants did the fame.
Q About what hour do you think that was ?
//. As clofe as I can guefs, it was nine o'clock.
^ ,Was it dark, or was it growing dark?
-^. The lamps were lit.
^. 1'ray did you fee which way the Piifoner went ? -
t)id he go with the party?
A iicdid.
Which
> *,
( 47 1
<. Which way did you fee them go ? .
A. I was with them myfelf. We went into
lane and up to Thomas-Jireet^ and they began to fire,
J^. Were you there when that began?
4. I was.'
^. (By the Jury). - You fay, when they got toTboftas*
firfei thej began $o fir? ? ,
A. As foon as they got into Dirty-lane^ they began ta
Sre.
4^. Was Mr. Emmet with them then ?
A, He was in the centre of them.
Q What name did he generally go by in th {tores ?
The firft name I heard was Mr. Ellis. ^
Did he anfwer to that name when fpoken to ?
ji 1 never heard him called any other nsftne.
>. Did you hear him called by that name ?
A, I did.
3>. In the courfe of the time you were there, did you
hear any thing among the people about their mode of pro-
ceeding, the time, or the notice of it ?
A. The moft particular in 'that refpedl which I heard
was, that they were making preparation to aflift the Fr.
when they would land.
^>. As I underftand,'it was given out there, that th?
French were expected ?
jf. Undoubtedly it was j I was told fo,
.^. In theftore*? .
A. Yes ; and out of the ftore.
^. Did you hear the Prifoner called ''by any name of
rank or title ?
A, I was often told he was to be The Gentral-> or hea| ef
the bufinefs.
j^. Did you hear that ftile given t him ?
A. I did.
Crofs -examined by Qfr.
4>. 1 believe you had been frequently in thcfc (lores..
before you ever faw the prjfoner ?
A. I was.
j. And you faid that all perfons yourfound there rea*
admitted you ?
. They did.
< 4*' )
3>. Were there many perfons there before you tiw
Mr. Emmet there ?
., A. There were fome 'one in particular that I knew,
; >. Was there many, whether you knew th-'tn or
not ?
/f. Icannotfay; I did not know their nancs
>. Did you know what all thefe military preparations
were for ?
A. At thetimel went in.? Yes, I did.
Q. Did you make any difcovery of your knowledge 'of it
in order to prevent it ?
A. Never while the preparation was going on, I
never did,
Q. When did you firfr. give any information ?
A. I caniwt rightly tell.
>. Was it after the 23d of July ?
4- It was.
^. Flow long after ?
Jt. I cannot well inform you.
4?. Was it a week or ten days or more ?
A. It was n-ar a month, I believe.
^. Were you taken a prifoner under a charge of. being
guilty of High Treafon ?
/. I was taken ynder fufpicion of being in that rebel-
lion that night. ,
j^. Where were you taken ?
A. At Rallinderry, in the County of Kiidare*
^. Are your wounds healed ? I
^. Yes, they arc.
j^. Were they at the time you were taken ?
A. I never got the leaft wound, but a little fcratch upon
the leg.
.\ When did you get that ?
A. In the night of the 23(1.
<!>. After the party quit the depot ?
,
Upon your oath have you beert promifed any. pardon
in confequence of making difcovsries ?
A. I have not been promifed any thing. ^1 gave my-
fclf up to Government to become a good fubjccl.
^ Do you expect to be profecuted ?
A. I cannot fay.
<%. What do you believe ?
;.. To the bell of rny opinion, I cannot fay.
*. On
,'rjk ^'.;:H$L $ ^I. r C33T /;( cC
H v./\K
& On your oath, do you not think thatyou would be
profecuted, if you did not give information ?
A. if there wrould be evidence againft me, furely I
would be profecuted
^. On your oath did you give the information you. did,
from a horror of the rebellion, Or in hopes th'at it would be
of fervicc to yourfdf ? oilduo r. JJ zl .<&
A I gave it from a horjor of the,. .rebellion.
*?. And riot from an expectation .of being benefited
thereby? -...\%\ job I >-
A. I never expe&ed any thing ; .only in regard qf
Government I gave information.
4>. : n order to benefit the Gdvernmf^ In 3 , \
J, Yes. i had no intereft in itl 1
^. Was that your only motive4-rinfirely to ferve
Government and not yourfelf ? imoin ixon 1^
4. To Fervc Government and from a horror of the re-
bellion.
4>. You fay that Mr. Emmet put on a great coat to hide
his uniform ?
Mr. MAY.NE. I beg pardon, the witnefs did not fay
that. He faid, that Mr. Emmet aflccd for one.
Mr. BURROWES. - Did he get a great coat?
Wttnefs. No, he did not.
Jlti . $.
. (By the Court. What name did ^/(^Vy go by ?
^f. Graham.)
!> &CG '-.;: virrlv/ aui;m oj :i:ow 01 *
-Terence Ctlgan*
Examined by Mr. ToWNSEND.
t;t i v
r-% ctrt i .UiM 4' *\V
Q. What is your trade ?
y/. I am a tailor.
j. Do you recoiled the infurreflion which happened
in Dublin upon the 23d of July I '' } 7h
^. J do recoiled to hear talk of it.
j?. Do you recoiled the Sunday before that ?
j T i k^Oft if H
A. I do.
Ti7i_ i , tOi * r^*
^_. Where were you upon that day?
Ji I *ame into town that day.
H . D
*>. Do you recoiled meeting any pcrfon in
Jtreet ?
A. Yes ; a friend of mine who brought me to drink,
*>. To what houfe ?
A To Tbainas-Jlreetj to a houfe I was fince told b?
longed to Mr. Dillon.
J. Did you drink there ?
A. Idid;>agood deal.
4!? Is it a public-houfc ?
A* 1 believe It is a carmanVinn.
>. Do you know the oftler ?
A I do, Jthn Filming.
>* You drank a great deal, you fay \
A I did.
Q Were you completely drunk ?
A I believe fo I tell afleep.
^. Where did you find yourfclf v/hen you a\voke ?
A. The next morning I found myfelf in a place I never
was in before.
^. Was it day-light ?
A It was.
4J. What place was it ?
J. A large out-houfe full of arms and poles.
4\ How were the poles placed ?
'A Some againft the wall and fomc were lying down.
. ^. Were there any fpikes to the poles ?
A There were.
*\ )id you fee any people there ?
A. There was a number.
<?. Were you afited to do any thing ?
*'. I was fet to work to make white pantaloons an*"
green jackets.
4>. Look at the prifoncr at the bar. Did you fee hint
there ?
A I did.
^f. How did he appear among them ?
A Indeed he feemed to be the chief in it. '
4>. Did you heaf him give any orders ?
Jt. I think he did; it was by his directions every thing
Was done in it.
\ Did he fee you at work ?'
A Yts, be did.
. Where
'
( 5* )
^. Where did you commonly work while you were
there ?
A. At firft I worked in a place off of if, where there
were Come mattrafles, and then I was removed to another
floor.
4>. Did you fee any defk there ?
A. I did.
3>. How many?
A. I do not r ecollecl: more than one.
4J. Look at this.
A. I did not take fo much notice as to fwear to it,
3\ Was it like this ?
A. it was.
4>. Did you ever fee Mr. Emmet go to the defk ?
A. I did.
4>. What was he doing at it ?
A. Taking things out, but I do not recollect what.
4J. Did you ever fee him write there ?
A. I think I did, but I have a bad recollection,
*>. Did you fee any arms there befides pikes ?
A, Yes, I did ; I faw blunderbuffes and piftols.
^. Did you fee any mufquets ?
A. I faw two foldiers mufquets, brought there by two
deferters as I was told there.
4J. Did you fee Fleming^ the oftler there ?
A. I did.
^. Of what fort of cloth were the jackets and pan.ta/
loons made; was it coarfe or fine ?
A* Goarfe cloth.
. Do you recoiled^ the name by which the gentlerrjan,
now upoq his trial was called there ?
A. I do not.
4?. Did you hear in that place for what pqrpofe thcfo
preparations were making ?
/*. I believe I {lid, but I cannot particularly [fay.
$. How near was that houfe you were in to Qillon's
inn ?
A> The next door,
4?. To the back-yard ,*
//, I think fo.
Crofi- examined by Mr. MAC NALLY.
. Where do you Jive when you arc at
/*, In Lucan,
( 52 )
Q Do you live at home at prefent ?
A. No.
Wheie do you live now ?
In the tower.
Q Do you fwear that ?
X. No 1 am now upon the bench.
Q- Was it accident that brought you to town from,
Lucan ?
. No it was not, I came upon bufmefs.
Q Honeft bufincfs I fuppole ?
n. I came upon honeft bufmefs, 1 came to town to
Counfellor Vicars to get work^
^ '" Does tie live in Thomas ftreet ?
A. No, he lives in Hoiles Jireet.
Q Then what brought )ou to Tbomas-Jtreet ?
A. .A fri-nd of mine.
j^ Do you not believe that your friend was a great
rogue ?
y/.- He was a great foe to me.
4*. He was a great rebel ?
A^ I believe fo.
4J. Had he no fufpicion of vour being from Lucan ?
A. 1 can't fay
<*>. "What, did you get drunk without fpeaking
together ?
A. We faid a great deal I fuppofe, but I do not re-
member it.
4J. You recollect that you fell afleep ?
A. I do.
4>. When you awoke in the depot did you think that
you were dreaming ?
'//. i did not Know rightly where I was.
j^. When you awoke did you find yourlelf working ?
J. No. . .
W hen then did you go to work ?
i can't fay.
^ Was it by day-light or candL-Hght ?
t-^t Ti 1 1 * i
x. JtJy day light.
*?. Was there no candle there at any time ?
* Tl.
A. \ here was not.
^. Do you know Fleming ?
. .' i do.
^. ! s he as h;iieft as yourfdf ?
A. i fuppofe fo,
If
( S3 )
^. If he faid he faiy candles there, would he fwear
true?
A. I can't fay, he had more recourfe to the place than
I had.
i . Could there be a candle there without your feeing
jt?
A. There might.
*?. ^ou faid you faw the prifoner there, will you fwear
it was Mr. Emmet you faw and not another perfort ?
A. I faw Mr. Emmet there, but f will not fay that I did
not fee another perfon there;
4J. Did you think yourfelf in hell when you awoke ?
A. I would rather be out of it.
L. u here did you go when you got out ?
A. To Counfellor Vicars.
Where were you taken?
In Lucan.
J>. Did you tell what you faw to Mr. Vicars \
A. I did not.
4J. He would have gone to a magiftrate \
A. He would.
^. And prevented much mifchief ?
A. I believe fo.
How came you to be taken ?
1 can't fay
j^>. Was it becaufe fome perfon gave information
againft you ?
A. I fuppofe fo.
.4*. And then you recovered your fpeech and gave in-
formation ?
A. Yes.
>, Were you fworn to it ?
A. No.
$. Were you never fworn till you came upon the
table?
A. No.
J^J. When did you give information ?
A. Some time laft week.
^. You heard of the rebellion of the murders which
were committed and the mifchief which was done, and
never recolleded or mentioned you were in the depot until
you were taken I
A, No.
. Would
Would you have given information till the day ot
nt, if you had not been taken?
I believe not.
*. Was it for the fake of public juftice that you gave
information ?
A. It was for the fake of my family.
4?- How for the fake of your famiiy ?
A. To recover my liberty to earn bread for them.
.<?. But you would not have told qny thing of the
matter if you had not been taken ?
A. No.
Q (BytbejFufy. Do you believe you fell nfleep in the
jkpoty or was you carried there while you were aflccp?
J. Indeed, I believe I fell afleep there.)
Patrick FarrtH,
Examined by Mr. MAYNE.
j. Do you remember Saturday night the 23d of July.
si. I do. .'
*>. Where did you live before that time ?
A. I lived with Mr. Orm/Jjy in Ibomas-Jlrect.
Q What bufinefs does he follow ?
yf- A Grocer.
^. What was your bufinefs ?
Jl. Steward to him.
Jig. Do you remember any thing particular happening
to you on the Friday night before the 23d of 'July ?
A. Nothing particular happened but I was paffing by
that night upon bufinefs of my matter's. J pafled through
that lane where the depot was afterwards found.
^. About what time ?
A. Between nine and ten o'clock.
*. You know where that ftorc of arms and amunition
was found r
J. I do.
j3>. What lane is it in ?
A. In Marjbal-iane.
j9. Did you ftop (here ?
A. At no place but at that very place.
^. What place ?
yf. That malt-houfe. I heard a noife in it and think-
ing it was a vvafte houfe, I was furprizcd,
^. What
( 55 )
* ()? ' ;
4>* V/hat happened there when you flopped ?
^. I wa$ not over two minutes there, when a mat!
opened the door and catched me, and (ked me what I was
doing there ? ^ i >n ^ ^
$>. What was done with you ?
A. 1 was brought in.
Q. Were there any other people, there* beildes the
man who bf ought you in?
A. There were.
^. How many as you can &l\.fa ( VP7 i
^. Between fourteen and. .fifteen as near as I can
juefi.
. Were you kept there ?
Jl. I was aiked, what brought me there ? or was I ever
there before? I faid, i was not. They afked me, did I
know Graham^ I laid, I did not tney alked rfce, vschat
brought me there ? I fcid, nothing 'but that 1 was going
by and heard a nciie one or them iaid I wai a ipy, uv<
called " Drop him immediately"
Q. What did they mean by that?
A. To (hoot me as I. thought. They brought me lip
flairs, and after fume confutation, which I could not bear?
they agreed to wait for fomc perfon to come in.
J5J. They alked you, did you know Graham ?
A. Yes.
4>. Did any perfon come afterwards?
A. Yes, a perfon came in about half an hour. '
^. Did the perfon whom they agreed to wait for to
decide upon yoja come in \
A. Yes, he did.
Jj>. Did he queflion you? :>
A. He alked me, did i know Graham. I lard not,
at the fame time a light came in> and i looked about me,
ind was afked, did I know any body there 1 knew ^uiglsy^
and faid 1 knew him. i was afked, " Where? X faid,
about five or fix years ago at Maynootb^ as a bricklayer of.
mafon.
You knew hhn ?
I did, and i underftood he was the perfon, who
went by the name of' Graham.
$>. How long were you kept there ?
-*, From that time till about the fame time next nijht.
J|. Then
( 56 )
4J. Then the perfon who came in decided for you, ind
you were not dropped ?
A. He ordered me into care, and defired me not to Be
let out.
Q. Look at the bar ?
A. That is the gentleman who came in (pointing ty the
prifoner.)
$. Are you Cure that is the gentleman who came in
and decided for you, that you were not to be killed ?
A. I am pofitively fure.
4J. You fay, you were kept the whole of the next AaJ,
Did you fee him often that Saturday?
4. At different times in and out
4*. Did you fee him take any part ?
A. I did fee things done by his directions in it.
Q Did you fee him often that day ?
i A. I did.
> You fay you were kept a prifoner ?
A. I was till near nine o'clock, when I was fet to work
about the houfe among the reft*
Jg. What did you do ?
A. The h'rft thing was to take in boards from off a car.
Q. Was any ufe made of them ?
A. I faw them made into cafes and pikes put in them.
jj>. How do you mean made into cafes?
A. The boards were nailed together and pikes. put into
hem.
4^ Did you obferve were there many ?
A. There was.
Were any fent out while you were there ?
There were.
4*. Can you defcribe more accurately, for the Jury
what the cafes were ?
A. They were made of the outfide flabs of a long
beam, taken of? about an inch or fomething more thick-
four or five inches at each end of the beam was cut ff
the flabs were nailed together and thefe pieces put in at the
ends, fo that it appeared like a rough plank or beam of
timber.
3J. Were they filled with pikes and fent out while you
were there ?
J. They were.
S. Did
( 57 )
>. "Did you fee any pik.cs that were not put into the
cafes? ' *-.
Jl. A great number more than I could reckon/ piled
up (landing agajnft the wall and lying down.
>. Did you Tee any other kind of arms ?
jf. I did, bunderbufles and piftols.
j^. Were there more perfons there in the courfe or*
Saturday^ than there had been on Friday?
A* There came a good many in and out moft of them
country people.
^ Had you attempted to efcape during the day ?
A- I could not get near the door, nor would I be let:
*>. Did you fee any other things there calculated for
mifchief befides what you mentioned ?
A. I faw boards with nails drove through them up to
the head.
<. Did you underftand the ufe of them?
d. \ heard them exprefs, that they were to annoy the
cavalry, by throwing them into the ftreet.
Q Did you fee any bottle machines ?
A. Idid there. were fmall bottles, like thumb bottles,
covered with (hot, and linen and clay, and there was
powder within fide.
>. Did you fee any other ?
A. 1 did, larger ones, with balls and linen or canvafc
tied over them and clay alfo.
j?. Did you fee any chains ?
A. I did. ,
<>>. Were thefe things feen by you while the prifoner
was there ?
J. He was in and out.
j. What were they doing with thefe things ?
<d. I was obliged to do fomething to them myfelf
I was brought up and was obliged to fill tubes with powder
and put it into the bottles.
Q Who commanded or gave dire<Stions there ?
A. All the directions I heard were from the gentleman
at the bar When he was abfcnt, others gave directions ^
but I underftood they were from him.
<. Did you fee any beams of timber there ?
A. 1 did, with hollow tubes like through them, and a
three inch diameter hole bored at the top into which
powder was putThe tube was alfo filled with powder
ur, j (tones were put on the top to keep it down.
I ^. Did
( 58 )
Did you fee many of them ?
I faw three or four at any rate,
^ Did you fee any clothes?
A. I faw green clothes.
+ ?. Any cartridges ?
^. I did ball-cartridges and flints.
<>>. Did you fee any particular uniforms ?
v/. I faw three men in the evening drefled in green
uniforms.
j^. Was that upon Saturday evening ?
_/7. It was.
^. What was there particular in the uniforms ?
A. This gentleman prefent wore two gold epaulettes,
the other two men but one each. He had alfo a cocked
hat, a fword and piftols.
j^. Was there gold lace upon any part of the coat ?
>/. There was lace upon the button holes and fleeves.
^. Were there more people there in the evening than
there had been in the morning?
A. Towards evening they were gathering pretty fmart
into it.
. >. How did you get away ?
A. On that evening, when they were carrying away
one of thefe large beams, I was called down to affift, and
then I made my efcape.
J3>. Did you get away before they went to work that
evening ?
y/. They were juft going out the pikes were throwrv
out and one of thefe beams was put upen a car which was
going off.
fHow did they throw down the pikes ?
From the firft floor of the warehoufe above the
ground, they let them fall down, with the fpikes uppcr-
moft.
4^ About what hour did you leave them ?
J. I think about nine o'clock Lord Molra\ bell had
rang.
Crcfs- Examined.
Mr. MAC NALLY. My Lords, I aid not intend to afk
ar.y. questions of this witnefs in the way of crofs-examina-
iLn; but at the exprefs defire of my client, I lhall be ex-
cufed
( 59 )
cufcd in putting fuch queftions as he fuggefts to me; and
which will be confidersd as coming directly from him.
j^. You fay you faw Quigley?
M. I did.
4J. The Prifoner wifhes to know, what bufinefs he is ?
A. I do not know what he is ; but he was employed
about Maynooth as a mafon. I knew him, and remember
him well, and cannot be miftaken.
j^. Did you fee Dowdail there ?
A. If I did, I did not know him.
>. How many people did you fee there who appeared
to be adtive men, having command in different fituations ?
A. There were a good many, and every man very
hearty in the bufinefs.
^. Did many go in and out, who had no refidence in
the place ?
A There did.
*>. What appearance had they ?
A. Some of them country people, arid fome like citizens,
and fome well-drefTed people.
4>. Were there any like efquires.?
A, I can't fay.
?. Were you not well fed while you were there, and
treated with lenity and humanity ?
A. Middling.
<*>. You had the fame allowance as others .?
-A 1 had a little milk,.
>. Any meat?
A. Not a bit.
4>. Any beer I
A. No.
4>. Whifkey?
<*. No.
Q. Any bread ? .
J. Yes.
J^. Was it cold?
A. It was not very warm.
4>. Did you hear any printed paper .read?
A. I did part of it only.
J^. What did it (late ?
A. I cannot recoiled it all now; but it appeared to me
as if the man reading faid, that nineteen counties were ready
to rife.
3, Was
C 60 )
4*; Was any thing (aid about the Freud) ?
4. Not the fmallerr., as I heard : they faid they had no
idea as to French relief, but to make it good themfelves.
Jx^ Do you recollect, :hat any perfon objected to the
paper when it was read, or tha,t any obfervation was made
as to its being proper or improper ?"
d. The obfervation 1 heard, listening like another, was,
that it was very good.
4>. Was there no obfervation of any other kind ?
3*: NO.
Q Did you hear any perfon object, that the paper was
too merciful ?
4. No, 1 did not hear it ?
^. (By the Court]. How foon after you faw this did
you give information of it ?
A. Sunday morning, at eleven o'clock.
^>. Was that the next day I
A Yes.
4. To whom ?
A. To my mafter,
Serjeant THOMAS RICE examined.
Proved the large proclamation found in the ftores, aS
Upon the former trials. Vide Kearney's Trial) page 53.
Colonel GPEN'CER THOMAS VASSAL,
Examined by Mr. TOWNSENQ.
4. Do you remember the 23d of July ?
d. I do; I was field-officer of the day. ,
>. In the courfe of your rounds, 1 underflanc! you went
to Marfoalfea-lane ?
A. Yes.
Q. Did you find that paper there .? (Shewing him the
[mail Proclamation, addrejfcd to the Citizens af Dublin.)
A. 1 did, and many others I took twelve of them,
quite wet: this one has never been out of my poffefiiori
till I gave it te you.
J>. How long did you remain there ?
/}. About a quarter of an hour. i left directions with
Major Greville^ not to allow any perfon to go in; for
there
*( 61 )
there was great danger from the quantity of loofe powder,
and t am furprifed it was not blown up before I got there I
.f). You fent the articles which were found there to the
barracks ?
A. I did ; with a party to attend each load.
^>. Did you fee any deik in the depot ?
A\ I faw fuch a defk as this.
3>. (By the Court. At what hour were you at the
depoc ?
A. Between three and four o'clock in the morning of
Sunday. It was confiderably after day-light before I was
permitted to go my rounds.}
Not croft-examine^
FREDERICK. DARLEY, Alderman^
Examined by Mr. TOV/NSEND.
^. Do you recollect the night of the 23d of July ?
A' I do.
4>. Do you recollect having been in the defit in Mar-
foalfea-lane ?
A. I do.
4>. Did you find that paper there \
A. I did.
[This was a paper directed to Robert E/lis, Butterfield.]
J^. Did you find this paper there ? [(hewing him ano-
ther, this was the Treatife on the Art of l^ar.~\
A. I faw feveral other papers there this was one of
them; it was handed to Capt. Evelyn.
4J. j^id you mark it ?
A. 1 did not.
Not crcfs-examineti,
HENRY EVELYN, Efq.
Examined by Mr. TOW-NSEND.
<g. Were you in the depot on the night of the 27d of
July I
A. I was there on the morning of the 24th, before the
things were removed. I went there for the purpofe of
taking them out of the depot.
J. Look
( 62 )
^. Look at this paper [Jhewing him a paper > thi$ was
a manufcript draft cf more than half of the large Procla-
mation) altered and interlined in fame places.] Did you find
that there ?
A. 1 did.
Not croft- examined.
Robert Lindfay^ Soldiei.
Examined by Mr. TOWNSEND.
Do you remember the night of the 22d of July f
I do.
>. Was you at the depot ?
A. I was employed the next morning in taking things
out of it.
^ Do you know that defk ? (pointing tu the dejk ivhick
bad been Jhewn to the other w:tnefs y and which remained
upon the table iff Court.
A. I do. I put it upon an Artillery car. There was
a piece knocked off it here, by which I know it.
4^ Where was it taken from ?
A. It was handed down to me from the upper part of
the depot.
j^. What was done with it ?
A. It was carried to the Barrack with the other things
found there.
Not crofs-exa mined*
MICHAEL CLEMENT FRAYNE.
4>. Do you remember Sunday the 24th of July ?
A. I do.
^. You were Quarter-mafter Serjeant of the 38th
Regiment?
A. Ye*.
^ Did you receive any things which were brought
to the Barrack that day.
A. I did.
Q. Was that defk brought to the barrack that day ?
A. It was.
. Was
( 63 )
j. Was it given to you in charge there ?
A. It was, by Col. Vajjal it was put into the Ma-
gazine, and the other articles which arrived after were
put over it.
Q. Was the Magazine locked ?
A. It was.
4>. Who kept the key of it ?
A. \ had the charge, and kept the key.
^ Did you open that defk afterwards ? ^-
A. On the Monday after I opened it.
^. Do you recollect any difficulty you had in getting
at it ?
A. I got two pioneers along with me, having a curi-
ofity to examine it : We were a confiderable time before
we could get at it, through the heap of other articles.
4>. Did you find any paper in it ?
A. I found this letter in it.
[This was the letter figned " Thomas Addis Emmet"
directed to " Mrs. Emmet^ Milltown, near Dublin," and
beginning withinfide " My Deareft Robert." It had a
foreign Poft-mark.]
ff^iinefs not crofs- examined.
EDW. WILSON, Efq.
Examintd by Mr* PLUNKET.
^ You are a Peace-officer in the city of Dublin ?
A. I am Chief Peace-officer of the Workhoufe Di-
vifion.
S^. Do you recollect the 23d of July laft ?
A. I do.
^. Do you recollect any explofion which took place
before that ?
A. In confcquence of an explofion, I vifited a houfe
in Patrick-Jirett.
Q What day was it ?
A. The ibth of Jttfyy 1 found preparations for
making powder, and I found pikes, and pike-handles
there.
. Now
Now Mr. Wilfon proceed to (late as fiiortly
as you can, the tranfa&ions of the night of the 23d of
as far as you faw them.
Mr. Wilfon then gave the fame account as upon the
former trials. Vide Kearney's Trial, No. I, Page 37.
FELIX BRADY, Efq; Examinee/.
Gave the fame account as before of his engagement
with the Rebels in Thomas-fired, upon the night of the
3d. Vide No, /, page 40.
He then mentioned this additional circumftance, that
upon examining the pikes which he carried away, four
cf them were marked with blood about the points and
the rings, and one or two were marked with blood near
two 'feet up the handle.
JOHN DOYLE, Farmer.
Examined by Mr. MAYNE.
J3>. Where do you live?
A] At Ballymeece, in the parifli of Tallaght.
Q. How far from town ?
//. Seven miles ; it is near Old Bawn.
*. Were there any particular ptrfons at your place,
fhortly after the rebellion broke out?
A. There was.
^ Tell the jury what day it was ?
A. It was the 5>6th day of July, at two o'clock in the
morning they came to my houfe.
J3?. You were in bed in your houfe?
A. I was : I had drank pretty heavy, and went to bed
between ten and eleven they come in a party of people
came up to my bed, and 1 was fo heavy afleep, they w<-re
.itirring and calling me and 1 could not walten a: once. But
when 1 looked up I fkw a party of people, upon which I lay
clofer than before. They delired me to take fome fpirits,
which I refuted. They then lifted me over into the middle
of the bed and 1 gave them no afliftance tney lay down,
two of them, one upon each fide of me One of them faid
11 I had a French General and a French Colonel befide me, '
I never had before" Which was true enough, I
i.cver
( 6$ )
incver had I lay there between them for forhe hours', but
between fleep and awake when I was awake, i- found
them afleep and then I fell a liftening, andl got up and
ftole out of bed, and I found fome blunderbufles and a gun
and fome piftols.
4>. How many blunderbufles were there ?
A. I verily believe there Was one again every man of
them.
j^. How many perfons were there ?
A. There were fourteen at breakfatt.
^. Did you look at the perfons who were in bed wiftx
you ?
A. I did.
4>. Look at the Prifoner ?
A. I fee that young man or boy or whatever you call
him.
4>. Was he in your bed ?
A. He was He pafled for a French officer.
4>. Did you hear him fpeak ?
A. I heard him driving to fpeak.
Q- What was it?..
A. I can't tell, I did not underftand it.
3. Was it Irijb or Englljh ?
A. It was neither.
f, How was he drefled ?
He did not drefs for fome time but afterwards when
he vras going away in the evehing, he put on a coat with a
great deal of gold lace and taflels.
4>. What colour was it ?
A. It was a dark colour, but I looked more at the things
that were upon it, than at colour of the cloth.
4J. Was there any other perfon in fuch a drefs ?
A There was one.
<. Were there any others befides thofe you mentioned ?
A. There were two more walking about eutfide, whilt
the reft were lying afleep in different parts.
f, What time did they go awdy from you ?
Between eight and nine in the evening.
. Bid they take their arms ?
A. They did.
How was the Prifoner drefled ?
He put on that coat and a great jock over it.
What were the two men doing outfidc ?
I cannot fay, if they were not watchine; for the reft.
K *>. Which
4 Which way did they go ?
A. They turned up the hill.
Q Was any paper found after them ?
A. I found on next morning under the table they
fercakfafted at.
4J. To whom did you give that paper ?
A< To John Robinfortj the barony conftable.
4L Look at this paper. (Shewing him one of the fmail
Proclamations.)
A. It was exactly like that, having iron-mould upon
the back of it ; but i cannot read.
J^. (By the Court. How foon after did you give that
paper to the Barony Conftable ?
A. The Ikurfday after.
:. Had you it fafe from the time you found it tiH yoa
gave it to the conftable ?
A. I had it locked up.)
Not crofs-cxamined.
ROSE BAGNALI,
Examined by Mr. MAYNE.
. Where do you live ^
A* In B ally nafcor ney.
Q How far from Dublin ?
A* About eight miles.
>. Do you know Doyle ?
A. I do j he worked for me fomc time.
^J. How far from you is his houfe ?
A. About a mile.
3J. Did any particular perfons come to your houfc
{hortly after the rebellion broke out here ?
A> Not till the Tuesday following,
4>. About what time of the night did they come ?
^. Between eleven and twelve.
4J. How many can in ?
A. I really did not reckon them. I was told there was
about 1 6 or 17 of them.
jf>. Had they any arms ?
X Tb/yhad.
3>. Was there any particular drefs among them?
A. Three of them, 1 think, wore green clothes.
7. Were they ornamented ?
A. They had yellow upon them ; but I was fo much
frightened, 1 did not obferve them.
3>. Were the clothes made in a military way ? juccft
./*. Yes, fir.
j^. Was there any thing upon their {boulders ?
A. Yes. . .V
^. Was it the colour of gold ?
A. It was.
4-J. What arms had they ?
,/f. TJjeyhad fome blunderbufTes. ..fc,
:. What kind of hats had they ?
^/. They had large cocked hats.
>. Which of them?
A* Thofe who wore green;
^ Did you underftand from any of them what they
patted for ?
A. I heard an alarm that day that there was a parcel
ef men in arms at Battymttce,
^_. But did you hear ^hern fay any thing about then-
title or rank ?
A. I heard one of them called a Genera].
4>. Can you fwear to any of them ?
A. I cannot : I was fo much frightened I cannot fwear
to any of them.
J^. Did they fleep in your houfe ?
A< They did, one night.
j^. When did they go ?
A' About' nine the next night.
J^. You fay you were much alarmed ?
4. I was indeed, fir, being a lone woman, with fome
children. " *3
ot crofi'txamintd.
._. -'.A _iu \-\fcV * ^nTi sr
JOHN ROBINSON,.
Examlned **
, Are you a barony conftablc any wberewH'r X
A* Yes.
% Of what barony?
& Utptr-Croft.
( 68 )
J9. Do you know John Doyle ?
J. \ do.
. Did he apply to you any time in the month of July
laft?
At He came to me the 2/th of July y on Wednefday
about nine o'clock, as we, rode into town.
j^. You need not iUte thatj did he at any time hand,
you this paper (Jbewing him the fmall proclamation) ?
A. He did.
3. When ?
A. On Thurjday^ at his houfe.
*?. Did he tell you of it on Wednefday?
A. He did.
Croft- Examined by Mr. MAC NALLX.
>. You fay you got the paper at his houfe ?
4 f _ I did.
J3>. Who gave it to you ?
A. Doyle himfelf, out of his own hand.
4. Why did not you fay fo at firft ?
A. I did, Sir.
JOSEPH PALMER,
Examined by the ATTORNEY GENERAL.
Q. What occupation do you follow ?
,
). To whom pray r
.A. To Mr. Colville.
^. Do you refide in his houfe, or with any part of
your own family?
/. I refided at a houfe in Harolds- croft.
<. With whom pray?
A. With my mother; I have a lodging there.
Q Do you recollect her having had any other lodger
in the month of January or February laft, or. in March ?
d. She had, fir.
j^. Do you recoiled!, whether a fhort time fince nny
pCrfwn was apprehended in your mother's houfe ?
A. There was.
4>. Who apprehended him ?
A. Major $rr.
' J0. Pray did that perfon lodge at your mother's houfc
any time laft fpringf
A. He did.
4>. Pray, what name did he go by, when he firft came.
to lodge there ?
A* Hewitt, fir.
<>>. Was that Hewitt, the fame perfon who was after*
wards arrefted by Major Sirr?
A. Yes, fir.
Q. Pray do you recoiled when he left your mother's
houfc laft fpring ?
A. I cannot recollect.
<>>. Was it in February, March or April?
A. I cannot fay ; it was about three months before the
the time he was taken.
|>. Did he return at any time to lodge in your mother's
houfe?
A. He did.
4J. Will you have the goodnefs to mention when he
returned before he was taken prifoner ?
A. About three weeks or a month before he was taken.
Q. When he returned the fecond time, and before his
arreft, under what name did he pafs ?
A. Hewitt, fir.
4>. Do you recollect, how he was dreficd, when he re-
turned ?
A. Yes.
Q. Mention it ?
A. He had a brown coat, white waiftcoat and white
pantaloons, and Heffian boots.
^ What were the pantaloons made of linen or cloth ?
A. They were cloth.
4>. What flock had he on ?
//. A black ftock.
$>. During the laft month did he receive any vifitors at
ihe houfc ?
A. He did.
^J. Did he ever receive more than one perfon at a
time?
A, I believe he did.
3J. By what name did they enquire for him ?
A. By the name of Hewitt , fir.
^. Pray, fir, at the time he was arrefted, was any label
on the door of the houfe expreflive of the inhabitants who
lived in it ?
A. There was.
J. Who drew it?
A. It was I.
Q. Pray, fir, was Mr. Hewitts name mentioned in
that label r
s\ NO, fir.
4l Was that lodger who pafTed by the name of
Hewitt mentioned by any other name, or was he wholly
omitted ?
4. He was omitted.
4J. Whaf induced you to omit his name upon that
label ?
A He did not wifh it to be put on.
J. Did you colleil in your conventions with him,
what his reafoa was for having it omitted ?
A. Yes, Hr.
^. Will you mention it if you pleafe, fir ?
A* He was afraid that Government would take him up.
4 Pr a y> Mr. Palmer^ did he (rate what his caufe of
apprehenfion was ; did he fpeak of the tranfacYion of the
23d July*
A. He did.
$>. Will you mention the amount of thofe converfa-
tions ?
'A. ' I cannot unlefs you afk me;
Q. I GO not with to afk you particulars, becaufe it
jnight have the appearance of fuggefting them to you, I
xvould rather you .would mention them yeurfelf Did he
fay where he patted that evening ?
A. He faid he paffed part of it in Thomas-Jlrtet.
J^. Had he any converfation with you refpeding the
Irefs he wore ?
A.' He had.
Q. A^sntion tt ?
A. He faid he had the pantaloons and boots and waift-
coat that I.fpoke of before.
Q. Did he mention a coat ?
A. He did.
Q. What coat ?
/. Ik (aid it w^ a vc; v hano&me uniform,
*
C ?' )
the Jury. Did he fay it was a military drefs ?
A. I do not recollect.)
4J. Is not an uniform a military drefs ?
^. Yes.
>. Did he fay any thing more about It; what the
colour was ?
At I do not recollect he mentioned the colour, but he
faid it was very handfome.
4>. Had you any converfation with him about any loft
he fuftaincd that night ?
A. No, fif v><>
Had you any converfation refpecting a magazine ?
Yes, he faid fomcthing about that.
S. Mention what he faid ?
A* He mentioned there was a parcel of powder loft.
(By the Jury. Did he fay where ft was loft ?
At a depot.
$. Where ?
A. He did not fay where.)
^>. Had you any converfation refpecting a proclama*
tion ?
A. Yes, he faid there was fuch a thing.
<?. Did he mention to you any particular mode by
which he could leave the houfe in cafe any perfom came to
arreft him ?
A. He did.
What was it ?
That if any perfon came to arreft him he would go
through the parlour window into the back-houfe and through
th efi elds.
j. Pray, fir, during the month or three weeks, that
he was latterly in the houfe, was he in the habit of
wnting?
//. He might have wrote, but I did not fee any of his
W ring.
<. Look at that paper, did you ever fee it before t
( foe-win p him the paper found upon the chair.)
,:. ijJ.
^ Where ?
d Witm doctor Trevr.
<^ : .-p id- you ever Ice it in ygur mother's hcoife?
No.
P. Whofe
( 7* )
*>. WHofe hand-writing is.it ?
A. I cannot fay.
*>. By virtue of your oath is it the writing of yourtclfx
tor your mother, ot any of the family ?
Jf. By virtue of my oath it is not.
>. (By the Jury. Are you acquainted witfi the hand
writing of the perfon of the name of Hewitt ?
A. No, fir.)
^ In what room did he lodge ?
A. In the back parlour.
>. Were you at the houfe the evening he wa<
afrtfled ?
A" I was.
4>. Did you fee him under arreft ?
Ji No, Sir.
>. Was there any other lodger there ?
A, No, net to my knowledge.
4>. Do you know he was arrefted by Major Sirr?
A. I do ; the Major came into my room ; I was in bed,
unwell.
Q Was there any other perfon arrefted in your mother's
houfe this fummer ?
A. No.
4J. Was the prifoner, that perfon who was arrefted ?
A. He was, Sir.
Not crofs-examined.
Extracts from the Proclamatron found by Serjeant Rid
( were read ; It is ftated at large in Kearney's Trial, Vidi
No. I. page 54.
Mr. MAC NALLY fuggefted a wifh on the part of the
prifoner, to have a pafTagc read from this Proclamation.
Mr ATTORNEY GENERAL faid it might be. read, when
the prifoner went into his defence.
Mr. BURROWES. It will be better to read it now, par-
ticularly as the prifoner dcfires it.
It was accordingly directed to be read and No, 6, cf
the Decretal part was read, as follows :
" 6. The Generals are to afleAble Court-martials,
44 Wl o are to be fworn to admrnifter Juflice; who >re
not
( 73)
" not to* condemn without fuiScient evidence, and before
whom all military offenders are to be mftantly fent for
trial."
Mr. Envnet faid that was not the part he defired. And
the printed copy of the Proclamation was handed to him
and he pointed out this paflage, wnich was read by the Clerk
of the Crown :
" 7. No man is to fuffer death by their fentenee, ex-
<c cept for muciny, the fentences of fuch others as are
" judged worthy of death* (hall not be put in execution
" until the Provifional Government declares its will ;
u nor are Court martjals on any pretext to fentence,
" nor is any officer to luffer the puniihment of flog-
" gine> or any ipccles of torture to be inflicled."
Mr. BURRO WES. This proclamation has appeared in
fcveral publications, from which Mr. Emmtt might learn
its contents.
The fhort Proclamation, addrsfled to the Citizens of
Dublin was then read.
?.ii .7 ; , ; ,1 ji/fj ",// ')7 jL^ ' . 1 >} v\ %! 5 *>
CITIZENS OF DUBLIN,
" A BAND of PATRIOTS, mindful of their oath and
" fuitaful to their engagement as United Irijhmcn^ have
" determined to give freedom to their country, and aperiod
ct to the long career of Englifh oppreffion.
tl In this endeavour, they are now fuccefcfully engaged,
" and their efforts arc feconded by compler^ and uuivcrfal
*' co-operation from the country ; every part of which,
f< from the extremity of the North, to that of the South,
u pours forth its warriors in fupport of our hallowed caufe.
" CITIZENS OF DUBLIN, we require your aid, necelTiry
" fecrccy has prevented to many of you, notice of out
* e plan; but the eiedtion of our national ilandard, the
u iecret, though long degraded Green, will be found lufS-
u cient call to arms, and rally round it every man in.vrhofe
'* brca(t exifts a fpark of patriotifm, or Icnfir of duty;
** avail yourlclves of your local advantages; in a city each,
" ftieet becomes ackfile, and each houfc a battery; impede
" the march of your oppreffurs, charge them with the
" arms of the brave, the pike, and from your windows
** ami roofs, hurl ftoaes, bricks, bottles, and all otncr
L '* convenient
( 74 )
*' Convenient implements on the heads of the fatillites of
" your tyrant, the mercenary, the fanguinary foldiery of
*' England.
" ORANGEMEN ! add not to the catalogue cf your follies
*' and crimes; already, have you been duped to the ruin of
" your country, in the legiflativc union with its tyrant;
" attempt not an oppofition, which will carry with it,
et your inevitable definition, return from the paths of dc-
*' lufion ; return to the arms of your countrymen, who
" will receive and hail your repentance. '
*' Countrymen of all defcriptions, let us acl: with union
t and concert, all feels, Catholic, Proteftant, Prefbyterian
* c are equally and indifcriminately embraced in the bene-
** volence of our object, reprefs, prevent, and difcourage
cc excelTes, pillage and intoxication, let each man do
" his duty, and remember that during public agitation,
" inaction becomes a crime ; Be no othtr competition
** known than that of doing good ; remember againft whom
'* you fightj your oppreffors for fix hundred years, remem-
ct ber their maflacres, their tortures, remember your mur-
* c dcred friends your burned houfes your violated fe-
" males; keep in mind your country, to whom we are
<c now giving her high rank among nations, and in the
lt honed terror of feeling, let us all exclaim, that as in the
<c hf ur of her trial we ferve this country, fb may God
ferve us, in that which will be laft of all."
Major HENRY CHARLES SIRR,
Examined ly the ATTORNEY GENERAL.
Do you recollect having arrefted any perfon at
'
Harold's
A IrO.
<?. Without difc!of;ng the information which you re-
ceived : ftate fiiortiy what paiFed ?
A. I went in the evening of the 25th to the houfe of
one Palmer>\ I had heard there was a ftranger in the
back parlour. I rode, accompanied by a man on foot : I
deilred the man to knock at the dcor he did, and it was
opened by a girl. 1 alighted, ran in direclly to ths back
parlour I faw the Prifuiier fitting at dinner; the woman
cf the houfe was there, and the girl who opened the door
. was the daughter of the wornan of the houfe. I defired
then; to withdraw. I afkcd the Prifoncr his name j he told
me
( 75 )
me his name was Cunningham. I gave him In chargs to
the man who accompanied me, and I went into the next
room to a/k the woman and her daughter about him ; they
told me his name was Hewitt : I went back to him and
afked him, how long he lodged there ? he faid he came
that morning. He had attempted to efcape before I re-
turned, for he was bloody, and the man faid he knocked
him down with a pHtol. 1 then went to Mrs. Palmer^ who
faid he had lodged there for a month ; I then judged he
was fome perfon of importance. When I flrft went in,
there was a paper upon a chair, which I put in my pocket;
I then went to the canal bridge for a guard, having defired
them to be in readinefs as I pafled by : ] planted a fentry
over him, and defired the non-commiffioned officer to fur-
round the houfe with Entries while I fearched itj 1 then
examined Mrs. Palmer^ and took down her account of the?
Prifoner; during which time, I heard a noife, as if an
efcape was attempted : i inftantly ran to the back part of
the houfe, as the moft likely part for him to get out at; I
faw him going off, and ordered a fentinel to fire, and then
purfued myfelf, regardlefs of the order ; the fentry fnapped,
but his mufquet did not go off; I overtook the Prifoner,
and he faid " ' furrender." 1 fearched him, and found
fome papers upon him.
4?. Did he fay any. thing with regard to the wound he
got?
A. I exprefled concern at being obliged to treat him fo
roughly ; ' he faid tc All was fair in war."
4>. Look at this paper ?
A. I found this in the room of Mr. Cunningham*
Q You mean the prifoner ?
A. \ do.
J?. Was there any other perfon there ?
A. No other : - the woman and her daughter had retired,
j. You found other papers in his pofleflion \
jf. I did.
Q When he got to the caftle, did he admit he bore any
Other name ?
A. He did ; he admitted he was Mjc, Emmet^
Here extra&s copied from thefe papers were offered to bg
read, having been previoufly (hewn to the counfcl for th<|
prifoner, who confented tp the reading of thcmj hut th*
court would not permit U
Led
( 76 )
Lord NORBURY. The gentlemen are purfuadcd, that
this is intended with kindnefs towards the prifoner; but the
court has a duty to difcharge, and nothing can be read but
what is legally proved : the papers themfclves, or fuch
parts as are called for may be read; but thefe copies cannot
be received.
MAJOR SIRR,
Crofs- Examined by Mr. MAC NALLY.
j^. Was the paper upon the ground ?
A. No it was upon a chair; the riril near the door, as
I turned upon the left.
Lord NORBURY. I take the evidence to ftand thus :
the witnefs went to the houfe, and after examination of
the woman, who ftated that the prifoner lodged there, an<!
the admiffion of the prifoner himfelf, that he came thr-r:
that morning, and th; evidence of the Ion proving that the
prifoner lodged in that room, in which this paper is found
upon a chair ; and not being in the hand- writing of any of-
the family, 1 think all thefe circumftances fufficicnt to let
this paper go to the jury; and that it will be evidence
sjgainft the prifoner, if they believe it to have been in his
poffeflion; and this is warranted by Lord Pfeftonti cafe.
Mr. MAC NALLY. We do not object to the admifli-
"bility of the evidence.
Lord NORBURY. But we are counfcl for the prifcncr,
and are not to admit any evidence againft him, which is
not ftriitly legal ; if any queflion can arife, it is our duty
to give him the benefit of it, and we have been fuggefting
this matter to each other : we think the paper admiflible.
The paper found on the chair was then read :
" It may appear (Irange, thaf a perfon avowing hiinfclf
f e to be an enemy of the prefent Government and engaged
f* in a confpiracy for its'overthrow, fhould prefume to fug-
" gett an opinion to that government en any part of its
" conduct, cr could hope that advice coming from fuch ?.u-
" thority, might be received with attention. The wriccr
" of this however does not mean to offer an opinion on
" any point, on which he muff, of neceffity feel differently
** from any of thofc whom he addreffes, and on which
" therefore
( 77 1
i therefore his conduct might be. doubted. His i.itentiotf
" is to confine himfelf entirely to thcfe points on which,
** however widely he may differ from them in others, he
" he has no hefuation in declaring, that as a man he feels
" the fame intereft with the merciful part, and as an Irijh-
" man with at lead the Engiijk part of the prefent admini-
" ftration, and at the fame time to communicate to them
" in the mofl precife terms that line of conduit which he
" may hereafter be compelled -to adopt, and which howe-
" ver painful, it mule under any circurnftances be, would
" become doubly fo if he was riot confcious of having tried.
" to avoid it by the moil diftint notification. On the two
" firft of thefe points, it is not the intention of the under-
" figned, for the reafon he has already mentioned, to do
" more than ftat<:, what govenrnent itfelf muft acknow-
<c ledge that of the prefent confpiracy it knows (compa-
<c ratively fpeaking) nothing. That inftead of creating
u terror in its enemies, or confidence in its friends, it will
" onlyferve by the fcantinefs of its information, to furnifh
<< additional grounds of inventive to thofe who are but' too
u ready to cenfure it for a want of intelligence, which no
fagacity cquld have enabled it to obtain. That if it
u is not able to terrify by a difplay of its difcoveries, it
" cannot hope to crufli by the weight of its punifhments.
" Is it only now we are to learn that entering into con-
" fpiracy expofes us to be hanged ? Are the fcattered
*f iuftances which will now be brought forward neceflary
" to exemplify the ftatute ? If the numerous and ftriking
" examples which have already preceded v/ere infufficient.
" Jf Government can neither by the novelty of puniihment,
44 nor the multitude of its victims, imprefs us with terror,
" can it hope to injure the body of a confpiracy fo impe-
" netrably woven as the' prefent, by cutting off a few
" threads frorn the end of it.
" That with refpeit to the fecond point, no fyttem how-
u ever it may change the nature, can affeft the period of the
" conteft that is to take place ; as to which the exertions
" of United Irilhmen will be guided only by their own
" opinion of the eligibility of the moment for effecting the
u emancipation of their country.
11 That adminiflration -"
Extracts were then read from the paper found upon the
perfon of the Prifoner cxadlly as dated by Mr. ATTORNEY
GENERAL; Fidtpagt^
Lord
( 7* )
Lord NORBUS.Y. If the Prifoner vvifncs to have any
0ther part of thefe papers read, he may.
Mr. BURROWES. My Lord, the Prifoner is aware of
that, and throughout the trial will act under that know-
ledge.
The title of a finall manufcript book was read " Plan
ef the Elements of War."
And next, the paper which was alfo found in the depot,
and which was ftated by Mr. ATTORNBV GENERAL, be-
ginning " i have but little time to look, &c." Vide
page 1 8.
Cafe clofed on the part of the crown.
Mr. MAC N ALLY. My Lord, Mr. Emmet fays, he
does not intend to call any witnefs, or to take up the time
of the cpurt by his eounfel {rating any cafe, or making
bfcrvations upon the evidence ; and therefore, I prefume,
the trial is now clofed on both fides.
Mr. PLUNKF.T. It is with extreme reluctance, that
under fuch circumftanc.es, and in a cafe like this, I do not
feel myfelf at liberty to folio w the example which has been
fet me by the eounfel for the pnfoner.
Mr. MAC NALLY. ..I beg pardon ; I a-n then to call
on the court to decide a matter of practice. No doubt,
the crown is entitled to the laft word that is a reply;
but if I under (land any thing of the arrangement of cri-
minal trials, it is this; the eounfel for the profecution
ihites the cafe; after the evidence given in fupport of it,
the prifoner is called upon to Hate his cafe ; and if he does,
the counftl for the prcfecution has a right to reply; but
I conceive that the word reply ^ according to its true
meaning, is this; obferving upon that which has been
urged in anfwer to the charge; but if there has been no
anfiver, there can be no reply, i believe the cafe is ne.v;
at leait fince the proceedings in treafon were regulated by
ftatute, triers is no inftance, where there has not been,
a defence made by the prifoner's eounfel, and an anfwer
given to the evidence a_gainft him : therefore, I fay, it is a
new cafe. However, we do not intend to prefs the objec-
tion furthtr. un'efs my learned friend,, with whom I have
the honour to a&, fhould think proper to add any thing in
iuppoit of it.
Lord
f 79 )
Lord NORBURY. Were it a matter of any doubt, It
would be our duty to have it fpoken to ; but as there can
be no doubt, that the counfel for the crown have a right
to fpeak to a great body of evidence, and that the coimfel
for the prifoner cannot by their filence, preclude the crown
from that right we cannot prevent the reply; if we <Ji<5,
we would introduce a novel practice, which never prevailed
in any of the ftate trials ; into many of which 1 have
looked for fome time paft.
Mr. ATTORNEY GENERAL. My Lord, we feel that
ftating a cafe and obferving upon evidence are different
duties. I have had the the burthen upon me of ftatmg
the cafe for the crown The prifoner declining to go into
any cafe, wears the impreffion, that the cafe on the part
of the crown does not require any anfwcr: that is the moil:
charitable way of confidering his conduct, and therefore it
is at my particular defire that Mr. PLUNK ET rifts to
addrcfs the court and the jury upon this occasion.
Mr. PLUNKET.
My Lords and Gentlemen of the Jury t
You need not entertain any apprehenfion, that at this
hour of the day, I am difpofed to take up a great deal of
your time, by obferving upon the evidence which has been
given. In truth, if this were an ordinary cafe, and if the
object of this profecution did not include fome more mo-
mentous interefts, than the mere queftion of the guilt or
innocence of the unfortunate gentleman, who ftands a Pri-
foner at the bar, I fhould have followed the example of
his counfel; and fhould have declined making any obferva-
tion upon the evidence. But, Gentlemen, i do feel this to
be a cafe of infinite importance indeed. It is a c^fc
important, like all others of this kind, by involving the
life of a fellow .fubjedV, but it is doubly and ten fold im-
portant, becaufe from the evidence which has been given
in the progrefs of it, the f) ftem of this confpiracy againft
the laws and conftkution of the country has been developed
in all its branches; and, in obferving upon the condufl of
the Prifoner at the bar, and bringing home the evidence of
his guilt, I am bringing home guilt to a peifon, who, I fay,
is the ccntrej the life-blood and fcul of tiiis atrocious coa-
f pi racy 4
Gentlemen,
( .*> )
Gentlemen, with rcfpcl to the evidence which has been/
offered upon the part of the Crown, to fubftantiate the guilt
of the Prifoncr, I {lull be very fhort indeed in recapitulating
and obferving upon it I fhali have very little more to do
than to follow the Statement which was made by my learned
and eloquent friend, who dated the cafe upon the part of
the Crown; becaufe it appears to me, that the outline
Xvhich was given by him, has been with an exa&nefs and
precifion feldom to be met with, followed up by the proof.
Gentlemen, what is the fum and fubftance of that evidence?
I fhall not detain you by derailing the particulars of it.
You fee the Prifoncr at the bar .returning from foreign
countries, fome time before hoHilities were on the point of
breaking out between thefe countries and France. At firft
avowing himfelf not diiguifing or concealing himfelf
he was then under no necellity of doing fo; but when
hoftilities commenced, and when it was not improbable, that
foreign invafion might co-operate with domeftic treafon,
you fee him throwing oft* the name by which he was pre-
vioufly known, and difguifing himfelf under new appella-
tions and characters. You fee him in the month of March
or April going to an obfcure lodging at Harcldi- crofs^ af-
fuming the name of Hewitt^ and concealing himfelf there
-~for what purpcfe? Has he called upon any witness to
explain it to you if he were upon any private enterprize
if for fair and honourable views or any other purpofe than
that which is imputed to him by the indi&ment ? Has he
called a fingle witnefs to explain it? No; but after re-
maining fix weeks or two months in this concealment,
when matters began to ripen a little more, when the houfe
was hired in Thomas-J^reet^ which became the depot and
magazine of military preparation, he then thinks it neccf-
fary to aflume another character and another place of abode,
accommodated to a more enlarged f.>here of action he
abar.dans his lodging he pays a fine of 6 1 guineas for a
houfe in ButterfielS-tarie) spin difguifrd by another af-
i'umed name, that of Eilis. Has he called any perfon to
account for this; or to excufe by argument, or even by
aflertion, this conduct? Why, for any honeft purpofe h<;
ihould take this place for his habitation under a reigned
name?
But you find his plans of treafon becoming mere ma-
ture. He is there affociated with iwo perfons, one of the
name
rtams of Dowilall. We have not explained in evidence,'
what ftis fituation is^ or what he had been the other is
S^uifUy, he. has been afcertained bjr the evidence to have
lj;:n a perfon originally following the occupation of a
bricklayer ; but . he thought proper to defert the humble
walk in which he was originally placed,- and to become a
framer of conftitu:ions and a fubverter of empires.
;,- With' thefe aflbciates he remains at Bttitgrfitld-latftj oc-
cafionally leaving it and returning again; whether he was
fuperintending the works which were going forward, or
whatever other employment engaged him, you will deter-
mine. Be it what it may; if it were not for the purpofe of
treafon and rebellion, he has not thought proper by evidence
to explain it. So matters continued until Ibme fhort time
before the fatal night of the 23d of July. Matters' became.
fome.'A'hat haftened by an event which took place about a
week before the breaking, out of the infurre&ion : a houfe
in Pairhk-Jircet+i-n. which a quantity of powder had'
been collected for the purpofe of the rebellion ex-
ploded. An alarm was fpread by this accidfent; the con-
fpirator?" found, that if they delayed their fohemes anJ
Waited for foreign co-operation, they would be detected
and defeated; and therefore it became necefl*ry to haften
to immediate action. What is the confequence? From
that time the Prifoner is not feen in his old habitation; he
moves into t)wn, and becomes an inmate and conftant in-
habitant of ihis depot. Thtfe fads, which I am ftating, are
not col!e<fted by inference from his difguife, his conceal-
ment or the afiumption of a feigned name, or the other
concomitant circumftances ; but are proved by the pofitive
teftimony of three witnefles; all of whom positively fwcar
to the inde'ndty of his perfon: Flaming, Colgan and Farrell^
every one of whom Avears he faw the Prifoner, tallyi.ig ex-
ailly with: each other, as to his perfon, the drefs ne wore,
tne fun<Ttions he exercifed; and every one of whom had
u full opportunity of knowing him. You faw him at
Biitierfiefd-lane^ under the afiutned name of Ellis you fee .
him carrying the fame name into the depot, not wilhin^ to
avow his pwn,' until the achievement .of the enterpii*
vvould prow'n it with fome additional eclat.
The firft witnefs, Fleming, appears' in the character of a'
perfon who was privy to the confpiracy he was acquainred
with the defci frum the moment it was firft taken. he had
acccls to it and co-operated in the defign he was takca
upon fufpicion and under thefe circumlkances, he make*
the difclofure. If the cafe of the profccution retted upon
the evidence of this man alone, though an accomplice in
the crime, it would be fufficient evidence to go to you for
your conhderation, upon/which you would either acquit the
Prifoner or find him guilty. In general, from the nature
of the crime of treafon from the fecrccy with which it
is hatched and conducted, it frequently happens that no
other evidence can be reforted to, but that of accomplices}
and therefore, notwithftanding the crimes of fuch witnefles,
their evidence is admiflible to a jury. But, doubtlefs,
every honeft and confiderare jury, whether in a cafe of
life or not, will fcrupuloufly weigh fuch evidence. If it be
confiftent with itfelf, difclofing a fair and candid account,
and is not impeached by contradictory teflimony, it is fuf-
ficient to fuftain a verdict of guilt.
But, gentlemen, I take up your time unneeeflarily, ill
dwelling upon this topic, which I introduced rather in
juftification of the principles which regulate fuch evi-
dence, than as attaching any peculiar weight to it in the
prefent iuftance Becaufe if you blot it altogether from
your minds, you have then the teftimony of two other
perfons not tainted with the confpiracy ; one of them
brought in while in a ftate of intoxication, and the other
taken by furprize when he was watching at the door, in
every refpe& corroborating the teftimony of Fleming^
and fubftantiating the guilt of the prifoner. You heard
the kind of. implements which were prepared, their
account of the command aflumed by the Prifoner,
living an entire week in the depot, animating his work-
men, and haftening them to the conclufion of their bu-
imefs. When the hour of ation arrived, you fee him
drelFed in military array, putting himlel'f at the head of
the troops who had been fhut up with him m this afylum,
and advancing with his, party, armed for the capture of
the Caftle, and the deftrudtion of his fellow- citizens !
Gentlemen of the jury, what was the part which the
Prifoner took in that night of horror, I will not attempt
to infmuate to you. i hope and truft in God, for the
fake of himfflf his fame his eternal welfare, that he
was incapable of being a party to the barbarities which
were committed 1 do not mean to infmuate that he
was But that he headed this troop, and was prefent
while
while fome fhots were fired, has been proved by uncon-
troverted teftitnony. At what time he quitted them,
whether from prudence, defpair, or difguft he retired from
their bands, is not proved by evidence upon the table ;
But from the moment of the difcomfiture of his project,
we find him again concealed - We trace him with the
badges of rebellion glittering upon his perfon, attended
by the two other Confult, Quiglfy> the bricklayer, and
Dowdall^ the clerk, whether for concealment, or to
ftimulate the wretched peafantry to other acts of infur-
rection, you will determine, -we firft trace him to jDcyle's y
and then to BagnaTs;- one identifies him, the other,
from her fears, incapable of doing fc But the fame party,
in the fame uniforms, go to herhoufe, until the apprehen-
fion of detection drove them from her. When he could
no longer find flicker in the moun'ains, nor ftir up the
inhabitants of them, he again retires to his former ob-
fcure lodging, the name of Ellis is abandoned, the re-
gimental coat is abandoned, and again he allumes the
name of Hewitt. What is his conduct in this conceal-
ment?- he betrays his apprehensions of being taken up
by Government for what? Has any explanation been
given to (hew what it could be, unlels for rebellion r
There he plans a mode of efcape, refufing to put his
name upon the door. You find him taken a reluctant
prifoner, twice attempting to efcape, and only brought
within the reach of the law by force and violence.
What do you find then ? Has he been affecting to difguife
his object or that his plan wa$ lei's dignified than his
motive that of Trcajon? No fuch thing :- He tells
young Palmer that he was in Thomas Jlreet that night;
he confefles the treafon, rhe boafts of his uniform, part
of which was upon his perfon when he was taken. He
acknowledges all this to the young man in the houfe a
witnefs, permit me to remark, not carried away by any
excefs of over- zeal to fay any thing to the injury of
the Prifoner, and therefore to his teftimony, fo far as
it affects the Prifoner, you may with a fafe confcience
afford a reafonable degree of credit.
Under what circumftances is he taken ? In the room in
which he was upon a chair near the door, is found an
addrefs to the Government of the country; and in the
very firft paragraph of that -addrefs, the compofer of it
acknowledges himlelf to be at the head of a confpiracy
for the overthrow of the Government, which he ad
Celling them, in diplomatic language, what conduct trtfi
xmderfigned will be compelled to adopt, if they {hall prt-
fume to execute the law. ' He is the Leader, whofe ndd
is a FIAT, and he warns them of the confluences '
* Girulemen of the J-ur/, you will 'decide whether the
Prifoner zt th bar, or Mrs. Palmer, was the perfon who
denoun rd thofe terms, and .this vengeance againft the
jGcvernmeiit. : What is found upon Him ? A ]e;t'r
written by a Brother Confpirator, confu'tin2; him upon,
the prefent poftu-re of the rebellion, their future profpeclf,
and the probability of French affiflance, and alfo the
p-obable effects of that afiiitance, if it fhould arrive.
.What further .is found.: 1 At the Depot and every
thing found there, whether coming out of the defk whim
he appears to have ufed and reforted to, or in any other part
of the place which he commanded, is ev dence againft him.
You find a treatifeupon the art of w-ar, framed for the pur-
pofe of drilling the party who were employed to erVecl:
;this re-bellicn ; but of WAT thy hare proved that they are
incapable *>f knowing any thing but its ferocities and its
crisnes. You find two proclamations, detailing fyfternatii-
allyand precifcly the views -and obj:its of this confpiracy,
and you find a manufcripE copy of one of them, with in-
teriineiitisns, and other marks 'of its -being aii original
dr?ft. I-t will be for you to confider who was the framer
of it the man who prefidrd in the Depot^ and regu!.it?d
ail the proceedings there, or 'whether it was formed by
Dowdall^ the clerk by > ^uigiey, the bricklayer,' or by
Stajford? the baker, or any of the illiterate vi&ims of the
amb'tion of thjs young man, who have betn cr nvi6ted
in this court? Or whether it did not flow from his pen,
end W2S dictated J>y his heart.
Gentlc-mcn, with regard to this mafs of accumulated
evidence, forming irrefragable proof cf the guilt of the
prifcner, I conceive r.o man capable of putiing together
two ideas can have a doubt "Why then do 1 adJrefs
you, or why ihoyld J trefpals any longer upon your time
and your attention ? Bccaufe, as 1 have already men-
tioncdj I-fc.el rhis io be 2. cafe of great public e>pec-
.tation .of the very bft -national- importance ; and becauf?,
when t am profec.uiing a man, in whole veins the life's
blood of this confpirRcy flowed, I expofe to the public
iye the utter meannefs and infufficiency of its refo.ur.ccs-*-
Whaf
( *5- *
/
W,ha;t does it avow itfelf to be ? A plan not to correct
.the exctu'e?, or. reform the abufes of the Government of
the country;- not to remove any fpecks or imperfections
which mignt have grown upon the furface of the con-
ilitution, or to rcitrain the overgrown power cf the
rown or to rcitore any privilege of Parliament; or
to r fhrow any new Security around che liberty of the fub-
ject No-Mhut .it plainly and bold ty avows itfelf to be a
plan to fcparate Grtat Lriiain from Ireland^ uproot the
'Monarchy, and eftablifh " A Fr*e and independent Re-
public in Ireland" in its place ! To (ever the connection
between Great Britain and Ireland! Gentlemen,
1 fhould feel it a wafte of x words and of public time, were
1 to addrtfs yo.u or any perfon within the limits of my
voice, were 1 to talk of the fi antic deljxration of the
plan of any man, who fpecu'ates upon the diflblution of
that empire, wbcfe glory and whoYe happinefs depends
upon its indifioiuble connection. But were it practi-
cable to fever that connection to untie the links which
bind us to the Btiti/b Cojyiitution, and to turn us adrift
upon the turbulent ocean of revolution, who could an-
Jwer for the exiftence of this country, as an independent
country, for a year? God and Nature have made the
two countries eilential to each other, let them cling to
.each other to the tnd of time, and their united aftedtion
and loyalty will be proof agair.it the machinations of the
world.
But how was this to 'fee dcfief By eftablifhing " a Fret
and Independent Republic!" High founding name! I
would afk, whether the man who ufed them, underflood
what he meant ? -[ will not afk what may be its benefits,
for 1 know its evil?. There is no magic in the name.
We have heard of " free and independent Republics," and
.have fince feen the moft object Slavery that ever groaned
Under iron defpotifm growing out of them.
Formerly, Gentlemen of the Jury, we have feen revolu-
tions effected by Ibme great call of the people, ripe for
change and unfitted by their habits for ancient forms; but
here from the obfcurity of concealment and by the voice of
that pigmy authority, i'elf- created and feaiing to ihew itfelf,
but, in arms under cover of the night, we are called upon
to furrendcr a conftitution, which has lalted for a period of
one thoufaud years. Had any body of the people come
forward
( 86 )
forward, dating any grievance or announcing their demand
for a change? No, but while the country is peaceful,
enjoying the bleffings of the Coftitution, growing rich and
happy under it, a few, defperate, obfcure, contemptible
adventurers in the trade of revolution form a fcheme againft
the constituted authorities of the land, and by force and
violence to overthrow an ancient and venerable conftitu-
^ion and to plunge a whole people into the horrors of civil
war !
If the wifeft head that ever lived had framed the wifeft
fyftern of laws which human ingenuity could devife
if he were fatisfied that the fyftem were exa&ly fitted to the
^ifpofition of the people for whom he intended it; and
that a great proportion of that people were anxious for its
adoption, yet give me leave to fay, that under all thefe
circumftances of fitnefs and difpofition, a well judging mind
and a humane heart would paufe a while and flop upon the
brink of his purpofe, before he would hazard the peace of
the country, by reforting to force for the eftablifhment of
his fyftem : but here in the phrezy of diftempered ambition,
the author of the Proclamation conceives the project of
*' a Free and Independent Republic^" he at once flings it
down, and he tells every man in the community, rich or
poor, loyal or difloyal, he rnuil adopt it at the peril of be-
ing conhdered an enemy to the country; and of fuffering
the pains and penalties attendant thereupon.
And how was this revolution to be effected ? The Pro-
clamation conveys an infmuation, that it was to be effected
by their ov/n force, entirely independent of foreign affiftance.
Why? Becaufe it was well known, that there remained
in this country few fo depraved, fo luft to the welfare of
their native land, that would not fliudder at forming an al-
liance with France* and therefore the people of Ireland
are told, " The effort is to be entirely your own, inde-
pendent of foreign aid." But how does this tally with
the time when the fcheme was firlt hatched; the very pe-
riod of the commencement of the war with France? How
does is tally with the facl: of confulting in the depot, about
co-operating with the French, which has been proved in evi-
dence : But, Gentlemen, out of the Proclamation I convift
him of duplicity He tells the Government of the country
not to refift their mandate; or think that they can cfFeftuaHy
fuiurcfi rebellion, by putting down theprefent attempt, but
that
that " they will have to crufh a greater exertion, rendered
ftill greater by foreign affiftance," fo that upon the face of
the Proclamation, they avowed in Its naked deformity, the
abominable plan of an alliance with the ufurper of the
French throne, to overturn the ancient 'Conftitution of the
land, and to fubftitute a new Republic in its place.
Gentlemen, fo far I have taken up your time with otu
ferving upon the nature and extent of the confpiracy; its
objects arid the means by which they propofed to effedluatc
them. Let me now call your attention to the pretexts by
which they feek to fupport them. They have not ftated
what particular grievance or oppreflion is complained of
but they have travelled back into the hiftory of fix cen-
turies they have raked up the afhes of former cruelties and
rebellions, and upon the memory of them, they call upon
the good people of this country to embark into fimriar
troubles but they foget to tell the people, that until the
infection of new fangled French principles was introduced,
this country was for iod years free from the flighted
fymptom of rebellion, advancing in improvement of every
kind beyond any example, while the former 2nimofities of
the country were melting down into a general fyftem of
philantropy and cordial attachment to each other. They
forget to tell the people whom they addrefs, that they have
been enjoying the benefit of equal laws, by which the pro-
perty, the perfon, and conftttutional rights and privileges
of every man are abundantly protected; they have no't
pointed out a (ingle inftance of oppreflion. Give me leave
to afk any man who may have fuftered him/elf to be delude^
by thofe enemies of the law, what is there to prev-ervt the
cxercife ofhoneft induftry and enjoying the produce ofit ?
Does any man prefume to invade him in ;ne en) y.nent of
his property? If he does, is not the purufh.nent of the Uvir
brought down upon him ? What does he want? 'WhaC
is it that any rational friend to freed >m could expecl, that
the people of this country are not fully and amply in the
pofleffionof? And therefore when thofe idle (tories are
told of 600 years oppreffion and of rebellions- prevailing
when this country was in a (late of ignor-mce. and barbar-
ifm, and which have long fince paffcd awav, they are
titterly deftitute of a fa6l to reft upon; tiv.-y are a fraud
upon feeling and are the pretext of the factious and ambi-
tious, working upon credulity and ignorance.
Let
(' 88: >
me allude to annther topic: th:y caH for rev-jnije.-
on account of the removal of t,v: I'.irliameni. Tnofe m-e.-i,
who in 1798, endeavoured to diilroy the Parliament, now
call upon the loyal men, who oppofed its transfer, to join'
them in rebellion ; an appeal va:n and fruitless. L >;>!<:
around and fee with what zeal a:;d lovalry tney rallied
round the Tiirone and Cimltiturion of the county.
XVhatever might" have been the difference of opinion here-
tofore among IrifhYnen upon fo'iie points, when armed re-
bels appear againft the laws and public peace every minor
difference is annihilated in the paramount claim of duiy to
cur King and Country.
So much, Gentlemen, for the nature of this confpirac^
and the pretexts upon which it refls. .Vitfer me, for a
moment to call your attention to o;is or two of the edi is
published by the confpirators. They have denounced,'
that if a fiiigfe [rifo Soldier, or in more faithful defcrip-
tion, Irifh Rebel, {lull lofe his life after the battle is over,
quarter is neither to be given or taken. Obferve tns
equality of the reafoning of thefe promulgers of liberty
and equality. The diftiniliori is this : 'E-ngll/h Troops
are permitted to arm in defence of the Government and
the Conftitution of the Country, and to maintain their
allegiance ; bat if an Irijb Soldier, Yeoman, or other
Loyal perfon, who (hall not within t r .e fpace of fourteen
Jays from the date and ilTuing forth of their foverei^.n Pro-
clamation, appear in arms with them; if he prefu lies to
obey the dictates of his continence, his duty and his inte-
reft if he has the hardihood to be loyal to his Sovereign
and his country, he is proclaimed a 1 traitor, his life is for-
feited and his property is confifcated. A facred pa!!,i,!lum
is thrown over the rebel caufe, while in the fame bre^h,
wndiftinguifliing vengeance is denounced againft th'.:fe,'
who ftand up in defence of the exifting and ancient latvs
6f the country. For God's f-ike r to who;n : a.re we called
upon to deliver up, with only fourteen days to coniiderof
it all he advantages we enjoy? Wno are they wro clai.n
the obedience? The prifoner is the principal: 1 do not
wifh to fay any'thitig harih of him a young man of c-u-
fiderable talents if ufed with precaution, and of refpeclible
rank, in focisty, if content to conform himfelf to its liwSf
But when he adumes the manner and the tone of a legif-
fetor, and calls upon all ranis of people, the inflint The
Prci'fjional
( *9 )
Provifional Government proclaim in the Abftraft, a new
Government, without fpecifying what the new Jaws are to
be, or how the people are to be conducted and managed-
but that the moment it is announced, the whole confti-
tuted authority is to yield to him. It becomes an extrava-
gance bordering upon phrenzy; this is going beyond the
example of all former times. If a rightful fovereign were
reftored he would forbear to inflict punifhment upon thofe
wrfo fubmitted to the King defafto- t but here there is no
fuch forbearance. We who have lived under a King, not
"only de fatto^ but de jure in pofleffion of the throne, are
xralled upon to fubmit ourfelves to the Prifoner; to Dowdally
the vagrant politician to the bricklayer, 'to the baker, the
old clothes' man, the hod-man and the hoftler. Thefe
are the perfons to whom' this Proclamation in its majefty
and dignity calls upon a great people to yield obedience,
and a powerful government to give " a prompt, manly
u and fagacious acquiefcence to their juft and unalterable
" determination!"" We call upon the BritiJJj Govern-
*< meat not to be fo mad as "to bppdfe us." Why Gentle-
men, this goes beyond all ferious difcuffion, and I mention
it, merely to fhew the contemptible nature of this con-
fpiracy, which hoped to have fet the entire country in a
flame; when it was joined by nineteen Counties from
North to Soufh, catching the e.lechicarfpark of revolution,
they engaged in the confpiracy : The General, with his
Lieut. General, putting himCelf at the head of the forces,
collected not merely from the city, but from the neigh-
bouring Counties, and when all the ftrength is collected,
voluntary and forced, they are flopped in their progrefs,
in the firft glow of their valour^ by the honeft voice of a
fingle peace officer, at which the Provincial forces difcon-
certed and alarmed, but ran like hares, when one hundred
foldiers appeared againft them.
Gentlemen, why do I ft'ate thcfe fa&s ? Is it to fhew,
that the Government need not be vigilant^ or that our
gallant countrymen fhould relax in their exertions? By
no means j but to induce the miferable viftims who have
been miflsd by thofe phantoms of revolutionary delufion,
to (hew them, that they ought to lofe no time in abandon-
ing a caufe which cannot protect itfelf, and expofes them
to deftru&ion and to adhere to the peaceful and fecure
habits of ^horteft induftry. If they knew it, they have no
N reafon
( 9 >
reafon to repine at their lot; Providence is not. fo unkirxf
to them in cafting them in that humble walk in which they
are placed. Let them obey the law and cultivate religion,
nnd worfhip their God in their own way. They may pro-
fecute their labour in peace and tranquillity they need nut
envy the higher ranks of life > but may look with pity upon
that vicious defpot who watches with the fleeplefs eye of
difquieting ambition and fits a wretched ufurper trembling
upon the throne of (he Bourbons. But I do not wifh to
awaken any remorfe, except fuch as may be falutary to
himfelf and the country, in the mind of the Prifoner. But
when he reflects, that he has (looped from the honorable
fituation in which his birth, talents and his education placed
him in, to debauch the minds of the lower orders of ig-
norant men, with the phantoms of liberty and equality, he
muft feel, that it was an unworthy ufe of his talents he
Ihould feel remorfe for the confequences which enfued,
grievous to humanity and virtue, and ftiould endeavour to
make all the atonement he can, by employing the little time
which remains for him, in endeavouring to undeceive
them.
Liberty and equality are dangerous names to make ufe cf
If properly undcrftood, they mean enjoyment of perfonal
freedom under the equal protection of the laws and a
genuine love of liberty inculcates an affection for our
friends cur King and Country a reverence for their lives,
an anxiety for their fefety a feeling which advances from
private to public life, until it expands and fwells into the
more dignified name of philantropy and philofophy. But
m the cant of modern philofophy, thefe affections which
form the ennobling diftinctions of man's nature are all
thrown afide ; all the vices of his character are made the
inftrurrient of mtr.al good an abftract quantity of vice may
produce a certain quantity of moral good. To a man
whofe principles are thus poifoned and his judgment pervert-
ed, the inoft flagitious crimes lofe their names robbery and
murder become moral good. He is taught not to il:.rti;
at putting to death a fellow creature, if it be reprefentcd as
a mou'e of contributing to the good of all In purfuit of
thi.fc phantoms and chimeras of the brain, they abolifii
feelings and hairnets, which God and nature have planted
in our iic - t'-e good of human kind. Thus by the
r- .; cfhblifhment of liberty and a free re-
public,.,
( 9* )
->
murder is prohibited and profcribid; and yet you
heard how this caution againft excefles was followed up by
the recital of every grievance that ever exifted, and which
could excite every bad feeling of thetoeart, the moft venge-
ful cruelty and infatiate thirft of blood.
Gentlemen, I am anxious to fuppofethat the mind of the
Prifoncr recoiled at the fcenes of murder which he witnef-
fed and I mention one circumftance with fatisfacYion it
appears he faved the life of Farrell^ and may the recollection
of that one good action cheer him in his laft moments. But
though he may not have planned individual murders, that is
no excufs to juftify his embarking in trcafon which muft
be followed by every fpecjes of crimes It is fupported by
the rabble of the country while the rank, the wealth and
th? power of the country is oppofcd to it Let loofe the
rabble of the country from the falutary reftraints of the law,
and 'who can take upon him to limit their barbarities. -Who
can fay, he will difturb the peace of the world and rule it
\vjien wildeft? Let loofe the winds of heaven and what
pov/or lefs than omnipotent can control them ? So it i<
with the rabble let them loofe and who can reftrain them *
What claim then can the Prifoner have upon the compaflion
of a jury, becaufe in the general deftru&ion, which his
fchemes neccflarily produce, he did not meditate individual
murder In the fhort fpace of a quarter of an hour what 3
fcene of blood and horror was exhibited. I truft thut the
blood which has been filed in the ftreets of Dublin upon
that night, and fince upon the fcaffold, and which may
hereafter be (hod, will not be vifited upon the head of the
1'iifoner, It is not forms to fay, what are the limits of the
mercy of God. what a fincerc repentance of thofe crimes
may effect But I do fay, that if this unfortunate young
gentleman retains any of the feeds of humanity in his heart,
or poffefTes any of thofe qualities which a virtuous education
in a liberal feminary mud havs planted in his bofom, he
will make an atonement to his 'Gou and his country, by
employing whatever time remains to him in warning his
deluded countrymen from perfevering in their fchemes.
Much blood has been (bed, and he perhaps would have been
immolated 'oy his followers, if he had fucceeded. They
area blood thirfly crew, incapable of liftening to the voice
of reafon and equally incapable of obtaining rational free-
dom, if it were wanting in this country, as they are of en-
joying it. They einbruc their handf in the raoft facred
blood
( 92 )
blood of f he country, and yet they call upon God, to prof-
per their caufe, as it is juft ! But as it is atrocious, wicked
and abominable, i moft devoutly invoke that God to con-
found and overwhelm it.
Gentlemen of the
I fhall not delay you longer, than I feel my indifpenfable
duty requires. We have all a very ferious duty to perform.
I fhall not confume a moment of your time by recapitu-
lating any principles of law, for no difficulty exifts in the
cafe, in that refpe&. If there had been an opportunity to
make a defence in matter of law, there are no more able
men for the purpofe, than thofe who have been afligned as
counfel to the prifoner ; but they have comported them-
felves with a discretion and a manlinefs that is deferving of
rcfpeft.
Gentlemen, it is neceflary that you fhould know what
the overt ats are to which the evidence is applicable.
The Indictment is for High Treafon, comprehending three
feveral branches of the ftatute of Edward the third. Firft,
for compafling and imagining the death of the King.
Secondly. For adhering to the King's enemies and
Thirdly for compafling to levy war. The firft overt al
jn fupncrt of thcfc charges, is that the Prifoner did with
cth-r.s r.icet corifuk, conspire and agree to raife, levy and
. cruel infurrection, rebellion and war againft the
j.viii, and to procure great quantities of arms and ammu-
,Uio:i for the purpofe of the faid rebellion, and to overturn
the cor.llitution. The fecond is, that he did procure great
quantities of arms and ammunition, and did procure to be
njaile 1000 pikes, with intent that divers traitors (hould bz
armed therewith, and fhould ufe the fame, in and for making
r.tij carrying on infurre&ion, rebellion and war againft the
.^, and for committing a cruel (laughter againft his
fubjecSts. , The third is, that he did become one of a fociety
cf perfons, afToci.-itt'J under the name cf Tke Prsviftcnal '
Gcucritir.enii for. thv purpofe of levying war againft the
lying, n\(\ overturning the conftitution, he well knowing
j:ur;jcfcs for which that fociety was formed. 'I hs
fourth is, that he did compofc and write a certain mani-
.', purporting to be a proclamation of The
( 93 )
Gevernmtnt, and purporting that they. had determined to.
Separate Ireland from England, and for that purpofe to
make war againft the King and his troops, with intent that
faid proclamation fhould be fpread among the people, to
unite them to war againft the King. The fifth is, that he
did write that proclamation, deferring it to be the pro-
clamation of perfons unknown affociated under the name of
the ProvifiotiaL Government, with the fame intent as in the
fonv.er. The fixth is, that he kept and concealed the
Proclamation with intent that it fhould be publifhed and
jpread amongft the people and the feventh is, that he did
ordain, prepare, levy, and make public war' againft the
King. The fame overt acts are ftated in fupport of the
fecond count, and there is one in fupport of the third, that
he did with other perfons actually levy war againft the
King.
Gentlemen, having now difpofed of that which is the
legal import of the charge, I (hall proceed to the evi-
dence.
(Here his Lordfaip minutely Jlatcd from his notes all the
evidence which had been adduced, and accompanied this detail
with occajional obfcrvations . )
As has been obferved on, if the witnefs appears to have
been an accomplice in the crimes of the prifbner, he faid,
it has been long fettled law, that an accomplice is a com-
petent witnefs to be received to give evidence, otherwifc
many dangerous crimes would go unpunifhed, and undif-
covcred. But the Jury are to determine under all the
circurrvftances appearing in the cafe, what credit he
deferves, and whare he tells a natural and confident ftory.
In the prefent inftance, the witnefs appears confident, ^nd
is corroborated in many particulars, and he is not contra-
dicted in any.
(dftsr llatlng and obfcruing upon tht written evidence,
his Lcrdjlrip proceeded.)
Now, Gentlemen, I have to conclude this duty of
addrefling you with one or two obfervations Probably
you have made a clear arrangement of this cafe in your own
minds. But it appears to me, that there arc three diftinct
period?, into which the facts of the cafe may be divided.
Firft, that which relates to the conduct of the Prifoncr
bc/gre the rebellion Second, that which rdates to his
conduit on the 2^d of July, when the rebellion was rag in 9,
and thirdly, that which relates to his conduct afcer.vards
then
r 94 )
then you will confider upon the whole of the facls whe-
ther they all correfpond and tend to fupport the general
mafs of charge, or whcthrr you can form a juft conclufion.
It remains uncontroverted that the prifoncr had been
abroad lately, and that he returned to this country, and
then appeared openly. But it has been proved that in the
month of April} upon the breaking out of the war, he
difguifts his name and character, and from that time until
he is taken, he never'goes by his own genuine name. He
lives in a fequeftered way he conceals his name, and
afiumes that by which he was afterwards known in the
depot he lives there for a week btfore the rebellion broke
out, and as to his conduit there, many fa&s have been
proved b) the witnefTes, who are not contradicted. He
has been proved by three witnefles to have ated there as
the firft in command, ami to have had there that uniform
in which he .appeared at other places fubfequent to the
rebellion, and which was defcribed to you by the farmer,
arud of which he fpoke to his own friend Mr. Palmer of
ilarolcTz-crafii who alfo proved his lamenting the lofs of
the depot.
Now, then, as to the third period, what happened after
the 23 J of July ? the prifoner went to the country urcfTed
in that fame uniform. -He proceeded to the neighbour-
hood of Ta'higb) in company with two others in rebel
uniforms, Doyle identifies the Prifoner in that fituation
beyond cr.nrrcvrrfy, r.nd Mrs Eagcnal firongly corrobo-
rates. The Prifoner at the bar, during thefe periods,
paffcd uncL-r different names j he was Ellis, he wasffnviit)
he was (. ;.=r, and at laft when made a captive, but
rot till th;:i, he acknowledged his name to be Emmet y
He took particular pairrs to difguife hirr.felf at Harold**-
refs t lie refuftd to have his name put on the door he
endeavoured to efcape, was fee u red by Major Sirr, and
is now brought to the bar and I am fure, if 1 could with
iuft propriety cxprcfs rny concern at feeing fucli a young
gentleman at this bar, I would readily do fo, but if you
gentlemen fhaSl be of opinion tht the accufation Rgainfi:
him is well founded, it is well for the community that he
is there. It was my duty to condenfe the evidenfe into
as narrow a compafs as 1 could, and I have been obliged
to ftate the fah which have been proved by the parol and
written evidence, accompanying them with obfcrvations,
-which are fubmittsd entirely to you, for you are to deter-
mine
mine upon them all and upon the credit of thofe who
proved them.
Gentlemen, no witneffes have been called for the Prifoner
at the bar, and now you have your duty to perform. If you
have a rational doubt fuch as rational men may .entertain
upon the evidence, whether the Prifoner was engaged in
thefe tranfactions, you fhould acquit him ; If you believe
the evidence, it is direct proof of all the treafons charged
againfthim. But 1 fay, if you have a doubt, you fliould
acquit him. If you do notesntertain any doubt, but that
you believe the evidence and the criminal conduct and in-
tentions imputed to the Prifoner, you are bound to decide
between the Prifoner and thejuftice due to your country,
and in that cafe you fhould find him guilty.
The jury did not retire from the box, and after a few
minutes deliberation, the foreman addrefled the court :
FOREMAN My Lord, I have confulted my brother
jurors, and we are all of opinion, that the Prifoner is
Guilty.
Mr. ATTORNEY GENERAL. My Lord, it remains for
me to pray the judgment of tne court upon the Prifoner.
Clerk of the Crown. Gaoler, put Robert Emmet, Efq.
to the bar.
Mr. MAC NALLY. My Lords, I hope I am not intrud-
ing upon the court, and that it is not incompatible with my
duty, now that the verdict has been pronounced, to {rate a
rcqueft of the Prifoner which probably ought to be addref-
fed to the ATTORNEY GENERAL, rather than to the court
it is, that the motion for judgment might not be made
until to-morrow.
Mr. ATTORNEY GENERAL. My Lord, I have made
the motion, and it is impoflible for me now to comply with
the requeft.
n
The Clerk of the Crown read the indictment and dated the
verdict found in the ufual form. He then conclnded thus".
" What have you therefore now to fay, why judgment of
u death and execution fhould not be award?') againft you
<l according to la\r :"
v 9" )
Mr. EM.MET.
Whv the fentence of the law fhould not be paffed upon
me, I have nothing to fay why the fentence which in the
public mind is ufually attached to that of the law, ought to
he reverfed, I have much to fay. 1 ftarid here a confpi-
rator as one engaged in a confpiracy for the overthrow of
the Britijh Government in Ireland; for the fal of which
I am to fufFer by the lawj for the motives of which I am
to anf/'er before God. lam ready to do both. Was
it only the fadl: of treafon was it that naked fadt alone with
which I itood charged. Was I to fuffer no other punifh-
ment, than the death of the body, I would not obtrude on
your attention, but having received the fentence, I would
bow my rvjck in filence to the ftroke. But, my Lords,
I v.-dl know, that when- a man enters into confpiracy, he
has not only to combat againft the difficulties of fortune,
but to contend with the ftill more infurmountable ob'ftac'les
of prejudice: and that if, in the end, fortune abandons
him and delivers him over bound into the hands of the law,
his character is previously loaded with calumny aud mifre-
prefentation. For what purpofe, I know not, except, that
the Prifoner thus weighed down both in mind and body,
may be delivered over a more unrefifting victim to condem-
nation. It is well : But the viitim being one obtained
and firmly in your power, let him now unmanacle his repu-
ration. Not, my Lords, that, I have much to demand
from you, it is a claim on your memory, rather than on
your candour, that 1 am making. I do not afk you to be-
lieve implicitly what I fay. I do not hope that you will let
my vindication ride at anchor in your breafts ; I -only afk
you, to let it float upon the furface of your rccollelion>
till it comes to fome more friendly port to receive it, and
give it flicker again ft the heavy ftorms, with which it is
bufFetted.
I am charged with being an emifTary of France, for the
purpofe of inciting in'furreclion in the country and then d?-
i'vering it over to a foreign enemy. It is falfe I I did
not wifh to join this country wiih France. I did join
I did not create the rebellion not for France; but for its
liberty. It is true, there were communications between the
United Irijhmen and France; it is true, that by that, the
war was no furprizc upon us. There is a new agent ?.t
Parity at this rccrncnr, negotiating with the Frentb Govern-
ment
( 97 /
r/.v/;r to- obtain from them an aid fufilcient to accomplifil
the reparation of Ireland from England^ and before any ex-
pedition fails, it is intended to have a treaty figned, as a.
guarantee, fimilar to that which Frankun obtained for
America. Whether they will do that now r England^ you
may judge. But the only queftion with the members of
The Provisional Government was: Whether France fnould
come to this country, as an enemy ? Whether flie fhould
have any pretext for fo doing? Whether the people fhauld
look to France^ as their only deliverer, or through the
medium and control of the Provifional Government at->
tain their objedt ? It is not now, that 1 difcovered, or thac
the reft of the Provifional Government of Ireland feel what
it is, that binds ftates together. They well know, my
Lords, that fuch a difpofition exifts only in proportion to its
mutuality of intereft; and wherever that mutuality does not
exift, no written articles can fecure the inferior ftate, nor
fupply the means of protecting its independence.
In this view, it never was the intention of the Provifi-
onal Government of Ireland to form a permanent alliance
with France; well knowing, that if there is between ftates
a permanent mutual intereft, more or lefs, though treaties
may be made, yet for the moft part, it is not the treaty;
which binds them together, but a fenfe of common intereft,
and where that intereft does not exift, treaties are foon re-
prefented as unjuft they are qualified and interpreted at
plcafure, and violated under any pretext. Under thefe
views, it never was the intention to form a permanent
treaty with France^ and in the treaty, which they did muke,
they had the fame guarantee which America had, that aa
Independent Government fhould be eftabliftied in the
country, before the French fhould come. God forbid ! that
1 fhould fee my country under the hands of a foreign power.
On the contrary, it is evident from the introcudtory para-
graph of the addrefs of the Provifional Govert,m"nt of Ire-
land, that every hazard attending an independent effort was
deemed preferable to the more fatal riik of introducing a
French army into the country. For what? when it hus
liberty to maintain and independence to keep, may no con-
fideration induce it to fubmit. If the French come as a
foreign enemy, Oh, my Countrymen ! meet them on the
fhore with a torch in one hand a (word in the other re-
ceive them with all the deftru&ion of war immolate
them in their boats before our native foil fbull be polluted
O bj
by a foreign foe. If they fucceed in landing, fight them on
the ftrarid, burn every blade of grafs before them, ?s they
advance; raze every houfe; and if you are driven to die
centre of your country* collect your provifions, your pro-
perty, your wives and your daughters, form a circle around
them fight while two men are left, and when but one
remains let that man fet fire to the pile, and releafe himfelf
and the families of his fallen countrymen from the tyranny of
France.
Deliver my country into the hands of France / Look
at the Proclamation. -Where is it ftated ? Is it in that
part, where the People of Ireland are called upon to fhew
fhe world, that they are competent to take their place
among nations ? that they have a right to claim acknow-
ledgment as an Independent Country, by the fatisfaclory
proof of their capability of maintaining their independence I
by wrefting it from England^ with their own hands ? Is
it in that part, where it is ftated, that the fyftem has been
organized within the laft eight months, without the hope ef
foreign afjiftance^ and which the renewal of hoftilities has
not accelerated?. Is it in that part, which defires England
not to create a deadly national antipathy between the two
countries ? Look then to another part of the Proclamation
look at the military regulations : is there a word in-
troduced from the French nomenclature? Are not all the
terms Englifr all the appellations of the intended con-
irituted authorities --Englijb? Why then fay, the fyftem
was froir> France? Yes, there was one argument urged;
one quotation from the Proclamation relied upon, to prove,
lhat we mult have meant to refort to Francs. " You arc
<l to fliew to us, thac you have fornething in referve where
with to crufh hereafter, not only a greater exertion
on the part of the people; but a greater exertion, ren-
< dered Aill greater by foreign ajji/iance." From which
an inference is drawn, ihat foreign afliftance is the fup-
port of the prefent ifyftem. Becaufe you are called upon to
'hew, that your ftrength ii fuch 5 that you can put down the
prefent attempt without bringing out all your force to
fbcw, that yeu have fornething m rcferve, wherewith to
cruih hereafter. Therefore^ the conclufion drawn is, be-
caufe a future exertion may be rendered greater by fo-
reign afiiftance, that foreign afliftance is the foundation of
tot prefeut exertion.
But
v 99
But it is f<ud, we muft have had it in vfevy to deliver up
the country to France^ and this is not attempted to be
proved upon any ground, but that of aflertion. It is not
proved from our declarations or actions ; becaufe every
circumftance attending the attempt which took place,
{hews, that our object was to anticipate France. How
could we fpeak. of freedom to our countrymen how afiiime
fuch an exalted motive and meditate the introduction of a
power, which has been the enemy of freedom wherever
fhe appears. See how ftie has behaved to other countries.
How has fhe behaved to Switzerland^ to Holland* and to
Italy. Could we expect better condudt towards us. No !
Let not then any man calumniate my memory by believing,
that I could have hoped for freedom from the government
of France^ or that I would have betrayed the facred caufe
of the liberty of this country, by committing it to th<*
power of her mod determined foe.
With regard to this, 1 have one obfervation to make:.
It has been dated that I came from abroad : If I had been
irj Switzerland^ I would have fought againft the French ;
for I believe the Swifs are hoftile to the French. In the
dignity of freedom, I would have expired on the frontiers
of that country, and they {hould have entered it only by
paffing over my lifelefs corfe. But if I thought the people
were favourable to the French* I havefeen fo much what
the confequences of the failure of revolutions are the
oppreffions of the higher upon the lower orders of the
people. I fay, if I faw them difpofed to adir.it the French^
I would not join them, but I would put myfelf between
the French and the people, not as a victim but to protec^
them from fubjugation, and endeavour to gain their con-
Jidence, by fharing in their danger.
So would I have done with the people of Ireland, and
fo would I do, if I was called upon to-morrow. Our
objeft was to effect a feparation from England.*
The Court here interrupted the Prifoner.
Lord NORBURY. At the moment when you are called
upon to fhew, why fentoncc of death fhould not be pro-
nounced againft you, according to law, you are making an
avowal of dreadful treafons, and of a determined purpofe
to have perfevered in them \ which I do believe has alto-
nifhed your audience. The Court is moft anxious to give
you
( 100 )
you the utmoft latitude of indulgence to addrcfs them,
hoping that 'fuch indulgence would, not be abufed by an at-
tempt to vindicate the moil criminal meafures and princi-
ples, through the dangerous medium of elocjuent, but per-
verted talents. 1 befeech you therefore to compofc your
mind, and to recollect, that the patient attention with which
you have been liftened to is unparalleled in the hiftory of any
other country, that did not enjoy the benignant temper of
the Britifh Law. You fhouH make fome better atonement
to expiate your own crimes and to alleviate the misfortunes
you have brought upon your country ; with which country
and with your God I entreat you to make your peace.
You mufl be aware, th:-.i a court of jufHce in endeavouring
to control and do away the Dad effect of dcfperate fentiments,
\vhich have been thus promulgated, as the effufions of a
difturbed and agitated mind, is but the fulfilling that duty,
which it owed to the offended laws of an injured country.
You. fir, had th.e honor to be a gentleman by birth, and
your father filled a refpe<hble fituation under the govern-
ment. You had an tldeft brother, whom death fnatched
away, and who when living was one of the greateft orna-
ments of the bar. The laws of his country were the ftudy
i.-f his youth ; and the ftudy of his maturer life was to cul-
tivate and fupport them. He left you a proud example to
follow ; and if he had lived, he would have given your
talents the fame virtuous direction as his own, and have
taught you to admire and prefcrve that conttitutior,, for the
cieih-uciion of which you have confpired with the rnofl pro-
fligate and abandoned, and afiuciatcd yourfelf with hitlers,
bakers, butchers, and fuch perfons, whom you invited to
councils, when you erected your P/fovWion.^ Govtrpoient,
. -n you tallied f.rth at midniyhc with fuch a band of
.ins, and foi;. .seated in tl.cir atrocities,
rour her.rt nniic U-.v- luil a!! r-jcoilectinn of what you werr%
You had been educated at a moft virtuous ;r.ul enlightened
femihary of JearnnVg, and am id ft (he inv/--. i."i ms youth <>f
If country, many of whom now furround you, with the
L.-.ill'ious piidcot' i-.;:vir.g taken up arms to. lave their conn-
C ' OI )
? Ir. EMMET. My Lord
Lord NORBURY. If you have any thing to urge in
point of law, you will be heard; but what you have hitherto
laid, confirms and juftifies the verdift of the Jury.
Mr, EMMET. My Lord, I did fay I had nothing to offer,
why the fentence of the law mould not pafs upon me. But
if that is all I am alked, that is not ail I am to fuffer,
even from the voice of thofe who furround me. But
the judge when he pronounces the fentence of the law,
dbes not confine himfelf to the mere form which is pre-
fcribed he feels it a duty, I am fure from pure motives,
to give an exhortation to the Prifoner. 'The judges
fornetimes think it their duty to dwell upon his motives.
What I claim then is this to free my character from a
foul imputation. Though you my Lord, fit there as
judge; and I ftand here a culprit; yet, you are but a
man ; and I am a man alfo. And when you, or any other
judge fpeak againft the motives of a dying man, 1 do con-
ceive it to be the right of the dying man, That it is his
duty, to vindicate his chara&er and his views from afper-
fion. If I fay any thing contrary to the law, yourLordmip
may ftop me, and I will fubmit immediately upon being
corrected. But it is hardly poflible, when I am justifying my
motives, to avoid mentioning tome which mult be difagrea-
b!e to thofe I addrefs, All I can fay, is, that they mould
have been pa fled over in filence. If my motives are not
to be juftified, nothing (hould be faid, but the pronounc-
ing of the fentence. If I am not permitted to vindicate
my character, let no man dare to calumniate my mo-
tives. If i am permitted to goon,
_ LORD NORBURY. You have learning and difcrimina-
tion enough to know, that if a judge were to fit in a court or'
ju(tice to ht-ar any man proclaim treafon, and to proceed to
unwarrantable lengths in order to captivate or delude the
unwary, or to circulate opinions or principles of the moft
dangerous tendency for the purpofes of 'mifchief,. it would
bean infult to the law, and to thejuftice of the country,
for which thofe who prefide would be refpolible, but in
every matter relevant to your own cafe you mail have
every indulgence.
Mr. EMMET. Then I have nothing more to fay, if I
am not permitted to vindicate myfclf. Vindication refts
fcpon abflMdt principle, and the views with which that
principle is applied. I did wifia to itate both. I did wifli'
\ y
to ftate the views which I had, without prefuming to ma^e
application of them to any body 1 can only fay, that
motives, and abhorrence of the fpilling of blood, resulted
from an ardent cttachm'ent to my country, from a fenfe of
public duty, in wbicfr i have been brought up from the age
of ten 5 ears, i had Fioped that fuch a thing as public prin-
cipie might have exifled. But if 1 go to my grave, with.
this imputation c?ft upon me this day, that 1 wiihed for
perfonal aggrandizement and dominion, I would go with 4
. iteavy weight upon my mindjf -J-appeal to every man who
heard it, not to believe it.jrJHvould appeal to thofe who
cannot hear what I am not 'peVnV^fed to fay, to follow the
ATTORNEY GENIRAL and ' dffchargc it altogether from
their vninds. Let it remain in filence- in charitable
filence I have now dor have burned out my
p of life, for the public fer vice, I abandoned the
wo:fh?p of another idol I adored in my heart. My
rniniliry is now ended. I am now to receive my reward.
I am going to my cold grave.-^I have one requeft to make.
Let there be no infcription ujxm my tomb. Let no man.
write my epitaph. No man can write my epitaph. I am.
here ready to die.ft I a#j not allowed to vindicate my
character. No man fhall dare to vindicate my character,
and when I am prevented from vindicating myfelf, let no
man dare to calumniate tr.e.-r-Let my characlcr and my
motives re-pole in obfcurity and peace, till other times
s-id other men can do them juftice; Then fhall my charac-.
ter be vindicated. Tberj may my epitaph be written.
Lor;! NOR BUR v. I was in hopes that I might have
been able to recal'you to a more compofcd fl?.te of mind,
fuitablc to the melancholy fituation in which you are
placed. I lament that it \vas vain to attempt it. A dif-
r 'rent uxiduft would more become a maa who had en-
deavoured to overthrow the laws and the liberties of his
country, and who had vainly and wickedly fubftituted the
bloody profcriptions of the Provifional Government, in
the room of the moft temperate, mild, and impartial juf-
tice with which a free country was ever bleiled.
Had y m been tried under the fyftem of your own inven-
tion, yo i would nqt have been lifteued to for an inilant ;
hut your code would have crufhed the inventor. And
fuch has been the well-known fate of moft of the leaders of
icrn republicanifm, where fuch talents and difpofitions
as vours have been refortsd to, that the proftituted pen
of
of every revolutionary raver might be put in requnltroa
to madden the multitude, and to give foveteigmy to tlie
inob.
' Mr. EMMET. I beg pardon; I wifh to ment m one
circumftance, which is, to flatc exprelsly, that I did not
;ome from France \ 1 did not create the conspiracy I
found it when i arrived here; -I was iolicited to join K,
I took .: ne to confider of it, and 1 was rolu expreis'y, that
it was ro matter whether i did join it or not- it would go
Jon. I fhen, finding my p r in: : ples accord with '', mta-
" re, did join ir, and under the fame circumftances would
fo again.
LORD NORBURY. The hiftory of your trial, and the
Circumftances relating to it, are freih in every man's re-
collection. Be aflured that I have the mod fincere afflic-
tion in performing the painful duty which devolves upon
iine, and let me, with the moft anxious concern, exhort
.you, not to depart this life with fuch fentiments of rooted
hoftility to your country as thofe which }ou have exprefled.
Be aflured thar far other fentiments \\'iil beirer contribute
to give you comfort at your departure from this life, and to
obtain forgivenefs and mercy in that which is to come
as well as to give you fortitude to bear that dreadful fen-
tcnce which at this awful moment I muft pronounce.
His Lordfliip then pronounced the fentence in the ufual
form, and the prifoner bowed, and retired.
The Prifoner was executed the next day, in
Jtrttt.
Counfel for the Crown. \ Cotinfel for the Prifoner.
Mr. Attorney General, , Mr. Burrewes.
Mr. Solicitor General, I Mr. Mac Nail y.
Mr. Plunket,
Mr. Mayiie
Mr. Townfend,
Mr. Ridgeway,
Mr. O'Grady.
CroWn Solicitor}^
T. and W. Kcrnmis*
dgent
r. L. Mac
UNIVERSITY of CALIFORNH
AT
UNIVERSITY OF CALIFORNIA AT LOS ANGELES
THE UNIVERSITY LIBRARY
This book is DUE on the last date stamped below
I
JAN a
28
APR 1 7 1947
NOV261952
90V 1 w* f
FEB3019ST
1 9 ACO
DEC? 1959
DEC ^3135?*
I
OCT-