evidence, you will have no difficulty in coming to this conclusion, that those Defendants did mean to take Mr. O'Connor out of the reach of the demands which it had been publicly declared justice had upon him,

Gentlemen, I do not know how the Defendants are to deliver themselves from this charge; because I will give any case to my Learned Friend that he chooses to ask of me; I will suppose that he was absolutely discharged: I will admit that, under a misconception that there was no other demand of justice upon him, they supposed he ought to be liberated immediately under the circumstances in which he stood, and that that was a mistake, a misapprehension; but, Gentlemen, what is to become of the justice of the country, if such an example is to be set, that a Peer of this realm, and a learned gentleman in my own profession, together with these other gentlemen named in this record, shall take the justice of the country into their own hands?-that you shall hear in a court of justice men saying to a prisoner, Spring!" Another, Put out the "lights!"-In fact, the lights were put out, and a great deal of confusion ensued, which, if it had not been met with a great deal of spirit by the witnesses who will be called to you, no man could be answerable for what might have been the serious consequences attending it: and the duty imposed upon me is this-to take care of you-to take care of the learned Judges to take care of all who have either

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acted in the administration of justice, or who are present with those who are acting in the administration of justice; and I should have been deeply responsible if I had not instituted this prosecution, whatever may be your verdict upon the circumstances of the case, as a public lesson to all mankind that the Courts of Justice must be treated with respect. Gentlemen, I presume we shall have evidence given, and it is very fit that it should be given, whether these acts were done intentionally, or under a misconception. It may admit of an explanation of that sort-with reference to which, I beg leave to call

your attention to circumstances very material for that attention, when you are determining upon the character of the acts done by the Defendants, and the view with which they did those acts. It will be, for instance, for Mr. Fergusson to explain what could put into the hands of a professional man a stick, with which he attempted to strike at those who were executing their duty; it will be for him to explain what was the meaning of the expressions which he used; and with respect to the Noble Lord Thanet, I shall prove to you, that when advice was given to him that it would be better for him, in the high and great situation which he held, to recommend a peaceable demeanour, to endeavour that the quiet of the Court should be kept, that that Noble Lord expressed himself to this effect, "It is but fair that he should have a run for it ;" and when you couple that expression, as it will be proved by

respectable witnesses, with his acts as they will be proved by respectable witnesses, I think you can have no doubt what was the character of the acts, and what the intention of that Noble Lord.

Gentlemen, having thus stated the circumstances, I shall proceed to call the witnesses. I am perfectly sure that you will give that attention which is due to the public, and to the Defendants. It is not for the interests of justice, unquestionably, that any man should be convicted who ought not to be convicted; you will hear, therefore, the evidence with as favourable an eye to the several Defendants as the nature and interests of justice will permit; but, on the other hand, I am sure you will remember, that no station or rank in life ought to protect any man from the operation of law; and in truth, in a moral view, the higher the situation of men who are guilty of offences of this nature, the higher the offence is, the more that offence calls for punish

ment.

EVIDENCE FOR THE CROWN.

JOHN STAFFord sworn.

Mr, Law. My Lord, I only call this witness at present, for the purpose of producing a copy of the

record; I shall afterwards examine him more at large.

Q. You are clerk to Mr. Knapp, clerk of assize on the home circuit?

A. I am.

(Produces a copy of the record of the conviction of O'Coigly, and of the acquittal of O'Connor und others.)

Q. Have you examined it?

A. I have.

(It was read by Mr. Barlow.)

Mr. Garrow. We proposed to have troubled Mr. Justice Heath; but as he is not yet come down, we will now call Mr. Serjeant Shepherd.

Mr. Serjeant SHEPHERD sworn.-Examined by Mr.

GARROW.

Q. We have collected from the record, that you were one of the Commissioners appointed to try certain persons at Maidstone.

A. I was.

Q. Did you attend upon the Bench upon that oc→

casion ?

A. I did.

Q. Do you remember the circumstance of the Jury, after they had retired, coming into Court to deliver their verdict?

A. I do.

Q. Are you acquainted with the person of my Lord Thanet?

A. I am. I had seen my Lord Thanet examined as a witness on that day for Mr. O'Connor; I did not know his person before.

Q. Are you acquainted with the person of Mr. Dennis O'Brien?

A. I am.

Q. Are you acquainted with the person of Mr. Gunter Browne?

A. I cannot say I am. I knew Mr. Gunter Browne a great many years ago; I had no recollection of its being Mr. Gunter Browne-but I saw a person upon the table, after the riot was over, who was said to be Mr. Gunter Browne.

Q. Are you acquainted with Mr. Fergusson, a gentleman at the Bar?

A. I am.

Q. Are you acquainted with Mr. Thompson?

A. I am acquainted with the person of Mr. Thompson; but I do not recollect seeing Mr. Thompson at Maidstone.

Q. Be so good as to state to the Court, whether, after the Jury had given in their verdict, and judgment of death had been pronounced upon the Prisoner who was convicted, you made any observation upon any of these persons, or their conduct?

4. After the Jury had given their verdict, and indeed, I think, at the time the Jury gave their verdict, my Lord Thanet was standing before the Bar