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66 Leto

ways ; either a compassing the king's death, or adhering to his enemies. A case has been cited from the king's bench in England, of The King against Doctor Hensey, who was convicted and received judgment of death. And there Lord Mansfield, by the concurrence of his brethren, as able assistants as the chief judge has had at any time, did lay it down, « that conspiring to levy war is an overt act of compassing the death of the king." The meaning of an overt act is, ani àct done by which the intention is disclosed. An overt act of the intention of levying war, or of bringing war into the kingdom, is settled to be an overt act of compassing the king's death. Soliciting a foreign prince, even in amity with the king, is such an overt act; " and so (says Lord Mansfield) was Cardinal Pole's case." And one of these letters is such a solicitation of a foreign prince to invade the realm. ters of advice and correspondence, of intelligence to the enemy, to enable them to annoy us, or defend themselves, written and sent in order to be delivered to the enemy, are, though intercepted, overt acts of both these species of treason which have been mentioned. And that was determined by all the judges of England in Gregg's case, (says his lord ship,) where the indictment is much like the present.” Then they held that the circumstance of the letters' not being des livered did not alter the case; and to justify that, the obvious reason must occur to all your minds : that is, that no person could at any time be indicted, however mischievous the treason, unless the letters had gone to the persons for whom they were intended ; in which case the traitor never could be laid hold of, at least until after the evil had been done. "I shall endeavour (feeling great difficulty from my inability at this late hour) to lay before you the impressions on my mind in such order as I think you will best understand them. It will be your verdict, howeyer, not tliat of the court. It is our duty to state what the law is. Į have done that generally upon the great point, and have only to add, that the common law of England and Ireland is the same, and by that, one witness is enough, if you believe that witness; if he swears to the facts laid ; if they are sufficiently stated to have been his acts, and go to manifest the intention imputed to him. It is the opinion of the court, that a second by the common law of Great Britain and of this kingdom is not necessary: And the statute of Wm. III. which requires two witnesses, is not in force here. That this was the common law, appears to have been the opinion of Sir Michael Foster, as high an aụthority as any other. He states, (p. 233.) that one witness is sufficient, if he has spoken to all material matters. And though Serjeant Hawkins is to be considered as;a collector, and states many doubts, yet he is one of the most laborious and accurate compilers in the law, and in that view deserving of much, credit. Having said so much, let me bring you to the facts stated in the words of the indictment. William Jackson is charged, " that at the time of open war," &c. [His lordship now, after adducing the authority of Justice Foster, to show that public notoriety was sufficient proof of an existing war, summed the evidence with his usual accuracy, leaving no one part of it 'unobserved upon.]

I do not care to say much; however, it is my duty to say something as to there being no evidence produced for Mr. Jackson., He had been arrested in April, 1794; from that time to this he had such opportunities as persons in similar circumstances have, and yet no witnesses have been produced.

The prisoner. The last time the prosecutors put off my trial, owing to the non-attendance of Mr. Cockayne,' a' Mr. Humphreys, and two or three others, were here ready to appear for me. He was to have been here this time also, but being, as I understand, ensign and paymaster in the Dublin regiment, he was unfortunately ordered to the Isle of Man. He then said that Mr. Keane, his agent, was in court, and could contradict that part of Cockayne's testimony relative to the papers being placed in his room by Cockayne the night before they were seized,

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Considerable objections were made to Mr. Keane being examined so late a stage of the business, and at a time when Cockayne had actually left the court, but their lordships at length acquiesced.

Mr. Keane deposed, that on the day he was employed by Mr. Jackson, Mr. Cockayne called upon him to give instructions for Jackson's defence, and said, “ It was rather lucky that those papers said to be found there, were not in his possession." Cockayne said, he was the friend of Jackson, and dined with this deponent in consequence; he told him that he had these papers, and put them in Jackson's room on the night before they were seized !

The Lord Chief Justice made some observations upon the evidence of Mr. Keane. ''He said, it came at a stage of the business that was irregular, and could not have the weight it would at any other time, as Cockayne, whose testimony it was to encounter, was not present. With respect to the prisoner's remarks, they were not in general supported by evi. dence, but wherever they went to explain the writings, they ought to be attended to. Out of humanity, his lordship said he should forbear to make any' comment upon what he said.

The jury were out 40 mifutes, ånd returned at 4 o'clock in the morning, after a trial of 17 hours, with the verdict of GUILTY--but recommended the prisoner to mercy.

Chief Justice. Why do you recommend him?

The foreman mentioned some reasons, such as the prisoner's age, his situation in life, and his sufferings during a long imprisonment.

Chief Justice. Have you no other reason—then it is merely compassion. Have you any doubt ?

Foreman. No, my lord, we have not any doubt.

Chief Justice. Gaoler, take that man away, and let him be brought up in four days.

His lordship then complimented the jury on their conduct and eir verdict. It was a century since the country had been

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cursed with a trial for simple high treason, and he hoped the example would prevent such criminal attempts in future.

The prisoner on this event betrayed no symptoms of emotion, but respectfully bowed towards the court,

..Jens
THURSDAY, APRIL 30.

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The court sạt at half past 11 o'clock. The prisoner, in pursuance of the rule of court, was brought up, under a guard, of soldiers as formerly, and in irons. After a while, the Attorney-General caine into court, and prayed judgment, upon the prisoner.

Mr. Curran then moved, that the whole of the indictment should be read over, which gave rise to a desultory argument, but after some time, the business was interrupted by the apparent sickness of the prisoner.

It appearing obviously, to the court that the prisoner in the dock,j, who had from his first coming into court shown symptoms of severe indisposition, was gradually, verging towards dissolution, Lord Clonmell observed, that whilst he was in this state of insensibility, it was impossible he could pronounce the sentence of the court upon him, If Mr. Jus. tice, Foster had not mentioned a like instance of a woman called up at the Old Bailey, humanity would have suggested what ought to have been done.

Mr. Attorney-General. I wish the state of the man's health was inquired into

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There being a medical person at hand, Dr. Waite, he was
desired to examine the prisoner's situation, which he did,
and reported from the dock, that there was very great appre-
hension of his dying, if he was not instantly removed.

Chief Justice. Let him be sworn.
Gaoler. He is a quaker.
Chief Justice. Repeat an affirmation to him.

Before this was done, Mr. Kinsley, who was in one of the galleries, went into the dock, and having looked at the pri

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soner, declared his opinion that he was certainly dying. He was then sworn, and examined by the chief justice.

En 63 Q What profession are you of? A. An apothecary, my lord.

Q Are you capable of forming an opinion as to the state of the prisoner's health?

A I think I am, my lord'; it cannot be mistaken. He has all the symptoms of a person on the verge of death.

Upon this the court made an order that he should be remanded; but this was found impracticable, for before the necessary arrangements could be made for his removal he expired!

FRIDAY, MAY 1.

This morning at 8 o'clock, an inquest was held upon the body of the prisoner, which had remained in the dock during the night under a strong guard of soldiers. The court upon its adjournment had recommended this inquiry to the sheriffs, but declined giving any instructions respecting the manner of holding it, either as to time or place. Mr. Kemis, the crown solicitor, attended, assisted by counsellor Ruxton. On the other hand, Mr. Keane, the agent of the prisoner, assisted by Mr. B. Powell.

Several witnesses, were examined. Mr. Gregg, the gaoler of Newgate, said, he had seen Mr. Jackson the night before, abut 9 or 10 o'clock, when he appeared in health. Yesterda morning, when he went into his room, Mrs. Jackson wa there. He was sitting, and the witness observed that he ooked very ill. “ You are not well, Mr. Jackson,” says he. “ No,” replied the prisoner, “I was up át four, in ordr to be ready, that I might not keep the court waiting.' He asked the prisoner whether he had eat any breakfast who replied, that “he had taken a cup of tea, which always affected his nerves.” On the table was a bowl, whick

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