THURSDAY, 23d April, 1794.

At half past ten the court sat, consisting of Earl Clonmell Chief Justice; Mr. Justice Downes, and Mr. Justice Chamberlaine Mr. Justice Boyd being absent.

The Rev. William Jackson was brought from Newgate, escorted by an officer's guard, (which continued in the hall during the trial, and prevented the crowd from pressing into the court,) and was put to the bar. The prisoner having declared himself ready for trial, the jury were called, elected, tried, and sworn. The case was opened by

Mr. Attorney-General. My lords, and gentlemen of the jury. The prisoner, the Rev. William Jackson, a clergyman of the church of Ireland, and a native of this kingdom, stands charged with high treason. He is charged with two species of that crime. One, that he compassed and imagined the death of the king; the other that he adhered to the king's enemies, namely, the persons exercising the powers of government in France, with which nation the king was at war at the time the fact was alleged to have been committed. The court will inform you that this indictment is grounded on the statute of Edward III. By that statute, confirming the common law, to imagine, design, or compass the death of the king, is made high treason; the only instance where a crime intended, and not committed, is made punishable with death, because as there is something so essential to society in the chief magistrate, (the king,) that the compassing his death is guarded against in this peculiar way, because the peace and safety of society depends, in a great measure, upon his single life.

But, while the law has thus wisely guarded against violence offered to the chief magistrate of the state, it has taken care that those who shall be charged with any intention of that kind shall not be easily or lightly found guilty; and, as the intention of the guilty person can only be known to himself and to the eye of providence, it is necessary, before he can be convicted of that horrid crime, that he should have mani

fested it by some overt act, openly done, and fairly proved, which shall make that intention plain and clear to the jury, who are to pronounce their verdict upon him. Upon this species of treason, I am to observe, what the court will also inform you of, that, to constitute the crime, it is not necessary that the party actually had an intention the king to put to death.

[Here Mr. Curran apologized for interrupting Mr. Attorney-General with a request that the witnesses for the crown might be sent out of court, which was readily complied with, as well by the crown officers as by the court; and a list of witnesses was desired on both sides, that they might be placed out of the hearing of the statement; but nothing more was insisted upon than that Mr. Cockayne, the principal witness for the prosecution, should withdraw.]

Mr. Attorney-General proceeded. Gentlemen, I was endeavouring to explain the charge in the first part of the indictment, that of compassing the death of the king. It is not necessary that the person accused intended to put the king actually to death; but if any thing which might in its consequences produce that effect, he is guilty of the crime charged upon him. Thus, if he meant to dethrone the king, it is settled law, that that would be of itself a compassing of his death; for, to dethrone a king, immediately leads to the last act of violence. Another similar instance is, that the party having an intention to imprison the king, although it does not appear that he intended to put him to death, yet he is guilty by the law of compassing his death; for such an act is the immediate forerunner of the death of a king. Therefore, gentlemen, it is for you to consider when you shall hear the evidence, what the scope and design of the prisoner was.

He stands charged, in the first instance, with an intention of compassing the king's death; to support that charge there are fourteen overt acts laid; if any one of which is proved to your satisfaction, and is in its nature such as discovers to you this traitorous intention, then you will find the prisoner guilty. I shall not take up your time with enumerating the

several overt acts that are laid in the indictment; the principal one is, that the prisoner consulted with several others, to induce the governing powers of France to invade this kingdom, for the purpose of dethroning the king: the prisoner meeting, together with others, in such consultation, is an overt act, from which you will necessarily collect the preconceived intention of dethroning the king, which in law amounts to a compassing of his death.

Another act is, that the prisoner procured a statement of the kingdom of Ireland to be drawn up, and did put that into the post-office, to be sent into the kingdom of France, with a view of inducing the rulers of the French to invade this country, for the purpose of dethroning the king.

A further act is, that the prisoner endeavoured to persuade a certain person, named in the indictment, to go to France with intelligence, to persuade the ruling powers to make an invasion, in order to dethrone the king.

Another is, that another person was endeavoured to be persuaded to go into France, to induce the enemy to make such an attempt.

It is also laid, that the prisoner came into this kingdom for the purpose of exciting a rebellion. That also is an overt act, which manifests the intention; and there are various others of a similar nature, particularly specified on the face of the indictment, if any one of which is proved to your satisfaction, then it will appear that the prisoner did incur the guilt of compassing the king's death.

The other species of treason is, that of adhering to the king's enemies; that species of treason is clearly expressed by the very term itself; but an overt act of that kind must also be laid, and, therefore, fourteen are laid to support that, the same as those which are laid to support the other charge: for, gentlemen of the jury, it needs no argument to prove, that if a man invites an enemy, he adheres to that enemy; and if he gives that enemy intelligence, he adheres to him. It is needless to go over the fourteen overt acts to satisfy you

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 you 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 prohibited 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 promise 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 there; the business of the meeting was about politics, Irish affairs. A great deal was said of the United Irishmen; some pamphlets were read; some other matters were talked of, such as the dissatisfaction of part of the kingdom. This deponent perceived that a paper was read by Mr. Tone and Mr. Rowan