at which the Prisoners stood, with his back to the Prisoners, and his face, of course, towards the Court. I am not quite sure whether my Lord Thanet was on the bench at which the Solicitors for the Prisoners stood, or whether there was any space between the bench and the Bar; that I could not sufficiently observe.

Mr. Garrow. It may not be improper here to state (and we shall certainly prove it), that there was no such space-I believe every body knows that the bench to which the Learned Serjeant alludes, was made for the accommodation of the solicitors, and was as this may be, supposing this to be the Bar-(describing it.)

Mr. Serjeant Shepherd. My Lord Thanet stood with his face towards the Court, and his back to the Prisoners; he was rather to the right hand of O'Connor; I don't mean upon a line with O'Connor, of course, but rather to his right hand.

Q. May I interrupt you to ask, whether the righthand side was the side upon which the Jailor was placed?

A. I am not quite sure whether it was the side on which the Jailor was placed; it was the side on which O'Coigly, the convicted prisoner, stood; and it was the side on which the Bow Street Officers afterwards endeavoured to advance.

Mr. Erskine. The side nearest to the great street of Maidstone?

Mr. Garrow. Certainly so, which is the side on which we all know the Jailor is placed.

Q. You recollect the Jailor has a box on that side next the great street?

A. I recollect he has, and, therefore, it was certainly on that side on which the Jailor was placed. Mr. O'Brien stood, or sat, at that time, I don't exactly recollect which--but Mr. O'Brien was on the same line with Lord Thanet, but rather to the left hand of Mr. O'Connor. Whether there was any person between my Lord Thanet and Mr. O'Brien, I do not recollect.

Q. When I interrupted you, you was about to state something of the Bow Street Officers advancing.

A. I think something had been said before the Jury brought in their verdict. When there was an expectation that they were coming, something had been said about the Bow Street Officers being there. There was a sort of noise or buzz in Court; and somebody said, I don't know who, that the Bow Street Officers were making a noise. In consequence of that it was that I observed one of the officers, I think Rivett-it was either Fugion or Rivett; I am not quite sure that I recollect the person of one from the other

Q. You had seen them and heard them give evidence?

A. I had, and I rather think it was Rivett, who I observed standing at the corner of the Bar; and

they were desired to be quiet-not particularly the Bow Street Officers, but the Court desired that every body would be quiet; and they were quiet; and the Jury then brought in their verdict. When the Jury pronounced their verdict of Not Guilty upon Mr. O'Connor, some person, but whom I don't recollect, said, "Then they are discharged;" other persons sitting round the table said, "No, they are not discharged;" and at that time Mr. O'Connor, I think, had raised his knee to the Bar, as if to get over; whether he was pushed back, or pulled back, I don't know; but he was restored to his former position behind the Bar. A question was put to the Court, by somebody-whether by the Prisoners, or the Counsel for the Prisoners, or by-standers, I cannot tell-but some one said, "Are they not dis"charged, my Lord?" or, "Have they not a right "to be discharged?" or some such terms. Mr. Justice Buller, I think, said, "No, they are not to "be discharged yet; put the other Prisoners back, "and let O'Coigly stand forward:" I don't pledge myself for the exact words, but certainly to that effect.

Q. I will trouble you to repeat that, according to the best of your recollection.

A. "Put the other Prisoners back, and let "O'Coigly (who was the convicted Prisoner) stand "forward." I should have told your Lordship, that when it was asked, "whether they were not to be

discharged," before the riot, if I may so speak,

began, one of the Bow Street Officers, I think, got up upon the bench, or form I should rather say, and said, "No, my Lord, I have a warrant against Mr. "O'Connor;" whether he added for treason, or for high treason, I do not recollect. It was immediately upon the officer's saying that, that Mr. Justice Buller said, "They are not discharged:" I don't mean in answer to that; but he said as a direction of the Court, "" They are not discharged; put the "others back, and let O'Coigly stand forward."

Q. I would ask you, whether that form upon which the Officer raised himself to address the Court, was near the place where, as you before described, the Bow Street Officers were before the Bar, and near Lord Thanet?

A. Certainly. He set his foot upon the end of the form before which Lord Thanet stood, with certainly, I think, the interval of three or four persons.

Q. Was that expression of the Officer's addressed audibly to the Court?

A. Certainly. I heard it most distinctly, and, I think, every one must have heard it.

Q. Did he produce a paper?

A. Yes; he said, "No, my Lord, they are not "to be discharged. I have a warrant against Mr. "O'Connor ;" and he certainly extended his hand with a paper in it.

Q. After that direction had been given by the Court which you have stated, what then passed?

A. Mr. Justice Buller proceeded to pronounce sentence upon the Prisoner O'Coigly. During the first part of the time that he was pronouncing sentence, my attention was particularly attracted to O'Coigly the Prisoner-I was looking at him, and attending to him.

Q. The form of the sentence was introduced by a prefatory address ? -

A. Yes.

During the former part of it, my attention was directed to him. Towards the conclusion of the sentence, I think just as Mr. Justice Buller came to that part of the sentence which pronounces the specific punishment, I observed Lord Thanet and Mr. O'Brien standing in the same position as they had stood before, and I observed Mr. O'Brien turn round, and look up at Mr. O'Connor-I wish my Lord here, only to state what I saw, and not what my conjecture or construction was upon it.

Q. I may take the liberty, however, of asking you, whether what you saw made an impression upon your mind? What that impression was, I shall not ask.

A. It did. He looked up at Mr. O'Connor, and then looked down to the place before him, which cannot be so well expressed in words as by an imitation of the manner; he looked down with a very slight motion, certainly an inclination of his head.. Lord Thanet was standing with his back against the Bar, behind which Mr. O'Connor stood. I can describe it no other way than standing square as I