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of this ; for if any one of them be proved, you cannot doubt that the party has manifested a clear determined adherence to the king's enemies.
Such are the crimes charged against the prisoner at the bar; whether he be guilty of either of these crimes, it is for you to determine upon your oaths. You are, on the one hand, to discharge your duty to your king and to your country, and you are to take care upon the evidence, that if the party is proved guilty, he shall be found guilty; in order that men may be deterred from committing crimes of the last malignity, tending to the destruction of the state, the peace, happiness, lives, and properties of the subject. It is your duty to take care, that by no weak feelings, by no improper leanings to mistaken mercy, a man guilty of such a crime should escape from justice. At the same time
have another duty; and, however you may conceive of the treason, however dreadful the consequences of such a trial may be, you are not to be hurried away in consequence of your feelings, lightly to find the accused guilty. These are observations, not necessary perhaps to such men as you; but in making which I conceive myself as merely discharging a duty.
EVIDENCE ON BEHALF OF THE CROWN.
Mr. Cockayne. This deponent stated, that he resided in Lyon's Inn, London, as an attorney ; that he had known the Rev. Wm. Jackson, who is a native of Ireland, these ten years and upwards ; that he went to France upon the Duchess of Kingston's business, and resided there two or three years; that he returned in January or February, 1794, and lodged at the Buffalo Tavern, Bloomsbury, London. This deponent had constant intercourse with him; but what he was engaged in during his residence in England, or what brought him back from France, he cannot particularly state; that he has done some private business for him in the capacity of his
friend and attorney. Mr. Jackson left London for Dublin in the latter end of March, and this deponent was induced to accompany him, in order to counteract those schemes which he thought he had “ of providing the French with pro. hibited articles," i. e. provisions, &c. The reason of this deponent for thinking he had such schemes in his mind, was *some conversations he had with him in England, but cannot
mention the purport of any one with precision. This deponent left his business in England “to be a spy upon his friend and client for the ordinary reward he would get for any common business!” remuneration to that amount he expected to obtain; but he did not consider he ever had any pro. mise of reward from Mr. Pitt. This deponent and Mr. Jackson travelled together, and arrived in Dublin on the 3d of April, and lodged at Hyde's: he himself applied to Mr. M'Nally on business, and they were shortly after invited to dine with him, and met there Mr. Simon Butler. At dinner there was some common conversation, but at last politics were introduced, when the discourse related to the dissatisfaction of Ireland, “but it was impossible to recollect conversations that passed among three or four people at a time they were all drunk.”
This deponent was present at a conversation at Hyde's Coffee House, the subject of which was, Mr. Lewyn's asking Mr. Jackson for some written documents, which he might produce as authorities to Mr. Rowan, who was at that time imprisoned in Newgate, so that he might with confidence talk to Mr. Jackson--that Mr. Jackson gave some papers to Mr. Lewyn, and soon after, Mr. Jackson and Mr. Rowan had an interview; after which, this deponent, with Mr. Jackson, went to see Mr. Rowan; found Mr. Tone tlfere; the business of the meeting was about politics, Irish affairs. A great deal was said of the United Irishmen; some pamphlets were réad; some other matters were talked of, such as the dissatisfaction of part of the kingdom. This deponent perdeived that a paper was read by Mr. Tone and Mr. Rowan
to Mr. Jackson, but not so loud as that he (this deponent) could understand it.
Question by Mr. Attorney-General. " What conversa tions passed at that meeting where Mr. Tone was ?"-(Witness hesitated)" I do not inean to ask particularly as to the conversation of an individual; I wish you to understand me.”(Witness hesitated. Answer.-" The conversation among the three was, forming a plan, and talking of a plan to send somebody to France.”
This deponent further states, that those three persons had a long conversation in a corner of the room, but he could not “ pick out enough of it” to enable him to understand what it was that he recollects to have heard it proposed at another time, that Mr. Tone should go over to France, to which he at one time seemed to assent, but then receded, and gave his reasons, but what they were this deponent does not now recollect. [Here the witness hesitated a good deal, and complained of wunt of recollection.]-This deponent said, that his recollection had been much shattered by this transaction; that it hurt his mind more than he could say, to see that gentleman in that situation.
This deponent then proved the hand-writing of Mr. Jackson on the letters marked No. 1, 2, 3. 5, 6. and also proved the letter marked No. 7. to Horne Tooke from Stone--and that the letters marked No. 1, 2. 5, and 6. were taken by him to the post-office, by the direction of Mr. Jackson--but at the time he
put them in the office, he knew they could not go to foreign parts, or to the king's enemies, because he had taken measures to have them intercepted, of which Mr. Jackson knew nothing
Thi: deponent stated, that he came forward reluctantly, to give evidence against a man with whom he had lived in intimacy--that he was examined before at the castle ; that the testimony given in on his examination there, was not so full as would have been wished ;-that when, under examination, a he very much hesitated to sign it; and declined it as much
as in his power, for he was unhappy at the thought of it; that the lord chief justice said, that he shouid know he was in his power as to committing him, if he did not swear !" . Chief Justice.“ Recollect yourself.”
Question by Mr. Curran. " What was said to you, touching the power of committing you ?"-Answer I hesitated in signing the examinations, which, after they were sworn at the privy council, iny lord chief justice was obliging enough to alter very much to the way in which I wished to sign them; I was pressed very much by the privy council-I believed his lordship's patience was exhausted, and he said, “ do not you know that you are in my power?”
This deponent also stated, that his examinations, although taken at the castle, were not signed until two or three days afterwards at the house of Lord Clonmell that he was solely actuated to counteract the schemes of Mr. Jackson, and to apply to government, by his having taken the oath of allegiance three times that he first applied to Mr. Pitt, and told him that a person of the name of Jackson was coming over to Ireland for such purposes; that he owed him the sum of three hundred pounds, and that he should think it hard if he lost it-to which Mr. Pitt answered, " that this deponent should be no loser."
This deponent further states, that he obtained a pardon for treasons committed by himself here, but not for a conviction of perjury--that he was lugged before a court of justice," on a charge of perjury, for swearing in an affidavit that he was at a certain place from 6 until 7 o'clock, which was a falsehood, but “ the court seeing there could be no advantage to this deponent or his client, acquitted him honourably."
Question by a juror, Mr. Cowan. “ Your sole motive was to counteract Mr. Jackson'; how has it happened that you gave so poor an account of many of the transactions, seeing that you came for the purpose of giving evidence for government?” Answer-"I gave government as much intelligence as. I
could; but did not expect to be called on as a witness, on a trial.”
Mr. Dejancourt deposed, that he held a place in the postoffice; that he found the letters marked, No. 2. 5, and 6. in the post-office on the night of the 24th of April, 1794 ; that he intercepted them in consequence of having received previous orders fron government, to pay attention to letters of that description, and that he had handed them over to Mr. Hamilton.
Mr. Carleton deposed, that he had been employed to arrest Mr. Jackson, and did so on the 28th of April ;-that he found him abed in his room at Hyde's Coffee House ; that some papers were on the table, among which were number 5, and 6.; others were found in his trunk and pocket-book.
Mr. Mounsey, from London, proved an office.copy of an indictment, and of an acquittal for the perjury mentioned by Cockayne.
[Here the intercepted letters were read and produced to the Sury, The following, No. 5. we think most material and worthy of insertion:]
“The situation of England and Ireland is fundamentally different in this : The government of England is national, that of Ireland provincial. The interest of the first is the same with that of the people of the last directly opposite. The people of Ireland are divided into three sects: the established church, the dissenters, and the catholics. The first, infinitely the smallest portion, have engrossed, besides the church patronage, all the profits and honours of the country exclusively, and a very great share of the landed property. They are of course aristocrats, adverse to any change, and decided enemies to the French revolution. The dissenters, who are more numerous, are the most enlightened body of the nation, they are steady republicans, devoted to liberty, and, through all the stages of the French revolution, have been enthusiastically attached to it. The catholics, the great body of the people, are in the lowest degree of ignorance, and are