SPEECH for JOHN HORNE TOOKE, Esq. as delivered by Mr. ERSKINE in the Sessions House at the Old Bailey, on the 19th Day of November 1794.

SUBJECT, &c.

THE following Speech for Mr. Tooke requires no other introduction or preface than an attentive reference to the Case of Thomas Hardy in the Third Volume-the Charges being the same, and the evidence not materially different. It is indeed not easy to conceive upon what grounds the Crown could have expected to convict Mr. Tooke after Mr. Hardy had been acquitted, since the Jury, upon the first trial (some of whom were also sworn as Jurors upon the second), must be supposed, by the verdict which had just been delivered, to have negatived the main fact alleged by both Indictments, viz.-That any convention had been held within the kingdom with intent to subvert, by rebellious force, the constitution of the kingdom. Nevertheless, the same propositions, both of law and fact, which, by reference to the former trial, appear to have been urged so unsuccess

fully, were repeated, and again insisted upon, even after the following Speech had been delivered. For it appears from Mr. Gurney's report (bby whose license the Editor has published many of the Speeches in this collection), that on Mr. Tooke's addressing the Court (after Mr. Erskine had spoken) as to the necessity of going into the whole of the evidence, the Attorney General answered as follows:

Mr. Attorney General. That address being made to me, I think it my duty to Mr. Tooke to inform him, that I speak at present under an impression, that, when the case on the part of the Prosecutor is understood, it has received as yet in the opening of his Counsel, no answer; and I, therefore, desire that Mr. Tooke will understand me as meaning to state to the Jury, that I have proved the case upon the Indictment.

Mr. Erskine. Then we will go into the whole case. -See Gurney's Trial of Tooke, vol. i. p. 153.

This took place on Thursday the 20th of November 1794, and the Trial accordingly continued till Saturday the 22d.

After the acquittal of Mr. Tooke, even a third trial was proceeded upon, viz. that against Mr. Thelwall, after which all the other prisoners were discharged. We do not state these facts as presuming to censure the advisers of the Crown on these great State Trials; on the contrary, we departed, as has been seen in the Third Volume, from the original plan of the publication, from an anxiety to give the most

faithful representation of the proceedings, without the publication of the entire Trials, as published by Mr. Gurney; which, at the time, were extensively circulated, and are, no doubt, still preserved in many libraries.

By comparing the introduction of the following Speech with that for Thomas Hardy, it will be seen what high ground the advocate felt he occupied in consequence of the former acquittal.

FOR THE PRISONER.

THE HON. THOMAS ERSKINE.

GENTLEMEN OF THE JURY,

WHEN I compare the situation in which, not many days ago, I stood up to address myself to a Jury in this place, with that which I now occupy-when I reflect upon the emotions which at that time almost weighed and pressed me down into the earth, with those which at this moment animate and support me, I scarcely know how to bear myself, or in what manner to conduct my

cause.

I stood here, Gentlemen, upon the first trial, not alone indeed, but firmly and ably supported by my honourable, excellent, and learned friend, whose assistance I still have

[Here Mr. Erskine was interrupted by the noise made by some workmen, which the Court ordered to be stopt; which being done, he proceeded.] Gentlemen, I am too much used to public life to be at all disconcerted by any of these little accidents, and, indeed, I am rather glad that any interruption gives me the opportunity of repeating a sentiment. so very dear to me-I stood up here, not alone, but ably and manfully supported by this excellent friend,

who now sits by me *; yet, under circumstances of distress and agitation, which no assistance could remove, and which I even now tremble to look back upon. I appeared in this place as the representative of a poor, lowly, and obscure mechanic, known only, of course, to persons in equal obscurity with himself: yet, in his name and person, had to bear up against a pressure which no advocate in England ever before had to contend with, for the most favoured or powerful subject. I had to contend, in the first place, against the vast and extensive-but, after the verdict which has been given, I will not say the crushing influence of the Crown. I had to struggle, from the very nature of the case, with that deep and solid interest which every good subject takes, and ought to take, in the life of the Chief Magistrate appointed to execute the laws, and whose safety is so inseparably connected with the general happiness, and the stability of the Government. I had further to contend with an interest more powerful and energetic-with that generous and benevolent interest, founded upon affection for the King's person, which has so long been, and, I trust, ever will remain the characteristic of English

men.

These prepossessions, just in themselves, but connected with dangerous partialities, would, at any time, have been sufficiently formidable; but at what season had I to contend with them? I

* Mr. Gibbs, now Sir Vicary Gibbs, Lord Chief Justice of the Court of Common Pleas.