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deace of a man who had avowedly versations, the name of Stone was formed no other connexion with never mentioned. the parties than with a view to be- In conclusion, serjeant Adair apotray them.
logized for the length of time he Cockayne having finished his e. had detained the court, but the vidence, the court agreed to adjourn feelings of the jury would point out till the next day, it being late in the to them it was his duty. He deevening; and the jury retired to clared, that had it been his own accommodations provided for them cafe, he would liave ventured to at the Swan tavern, Westminster trust his life and his honour to the bridge.
jury's own interpretation of the The next morning, the court af- evidence, without making a fingle sembled at nine o'clock, and the comment on it. But clear though evidence for the crown being clo- it was, he could not, confiftently sed, Mr serjeant Adair entered into with his duty, do so in the case of & long speech in favour of the pri- another person. It was under this foner, commenting with great acute- impreflion he felt bound to go still ness on every point on which the further and although there was evidence turned, and stating, that not one single tittle in the evidence from the openness and publicity of that could authorize them to say the prisoner's conduct throughout there was any treafonable intention the whole of the transactions in in the prisonet, he would yet, in question, no imputation of guilt order to remove any doubt which could attach to him. The evidence might remain in the mind of the of Mr. Sheridan, and of the other most doubtful, produce witnesses gentlemen, who had stated their to the good intentions of the prison. conversations with him, was en- er ; or, in other words, in con. tirely in his favour; fully evincing firmation of the evidence of the that he was actuated by the view of crown; witnesses, who would shew serving his country, by deterring the publicity with which Mr. Stone the French from an invasion. Even disclosed the so much complained the evidence of Cockayne, the sole of correspondence, even on the witness for the crown, was also in public exchange (a degree of open, his favour; for this man declared, nefs incompatible with guilt), and that though he was in the highest convince the jury, that the prisoner degree of confidence with Jackson, was as incapable as any other man he could never find out what were of disloyalty or traitorous intenhis views. How then could he tions. find out what were the views of the Several witnesses were then callprisoner, with whom he had only ed, who fully proved the publicity a liort acquaintance? And he had of the prisoner's conduct, in frefurther stated, that he had had fe- quently and openly reading his corveral conversations with Jackson, refpondence with his brother. Mrı in company with Hamilton Rowan, Samuel Toulmin, and other gentleand other persons disaffe&ted to the men, gave him a very respectable constitution of Ireland, relative to character; and the Rev. Thomas certain communications proposed Taylor, the Rev. A. Barbauld, and to be made to the then government the Rev. John Kiddell, declaredo of France; and yet, in all these con; they had never heard of, or feen;
any thing in his conduct of a ten- Mould be directed to the second dency to disloyalty or disaffection; alone. on the contrary, that he was edu- With respect to the law on the cated in, and had always profeffed, subject, it was clearly high treason principles favourable to the consti- to send fuch intelligence by letter, tution, and to the Hanoverian fuc- or otherwise, to the king's enemies, ceffion. One witnefs, in particular, as would give them any advantage declared, that he had often heard in the contest with his majesty. Mr. Sione say, that he muft be a During the course of the long • madman and a fool that wished trial, had any thing improper been • for any alteration in the coniti- urged by the counsel
, either for the « tution.'
crown or the prisoner, it would When the evidence for the pri- have been his duty to correct them; foner was ended, Mr. Erskine fol- or had he then omitted his calling lowed up, in a very animated them back to the just line of their speech, the impression already made duty, he would, in his address to by Mr. ferjeant Adair. The fuli- the jury, have made such obsercitor-general then rose in reply. vations as should occur to him on
Lord Kenyon then gave his that subject : but the conduct of charge to the jury. On the one both sides rendered his interference fide, he said, it was necessary to ob- in that respect unnecessary. Almost ferve the most fcrupulous attention all the letters produced in evidence with respect to the life and honour appeared to refer to trade only : of the person accused; for, in cases and not, as has been supposed, to of blood, too much caution could convey any hidden political meanRever be preserved. On the other, ing, except, perhaps, that in which the interest, fafety, nay even the mention was made of the fainily at preservation of the community, Shields, which had been supposed were also objects of the most im- fymbolic of the French govern portant moment. The crime im
The crime im- ment. That, very probably, might puted to the prisoner was the highest be mysterious, as it had been itated and most atrocious that could be by J. H. Stone, in a subsequent letcommitted in any society, inas. ter to the prisoner, where he said, much as it necessarily went to the that the meaning was abftrufe; but destruction and dissolution of the Mr. Jackson, who was shortly to community, and tended to tear come, would explain it to the pria alunder all the bands of law and foner. The jury would be best order, by which mankind are pro- able to form their own opinion rected and kept together.
with respect to the influence J. H. The indictment confisted of two Stone's share in the whole trancounts. The first was, compassing faction ought to have on their and imagining the death of the minds. He was the prisoner's broking, and the second charged the ther, and seemed on every occasion prifoner with adhering to the king's to have domiciliated himself a enemies. As no manner of evi- Frenchman, as was particularly evidence had appeared, that could in dent in his letter to the prisoner, any respect support the first count, where, when he spoke of the people it was to be left entirely out of the of England, he uniforinly used the question, and all their consideration expreilion you ; but when speaking
of that of France, he constantly then no doubt could remaini of the employed the word we.
criminality. Of all the written evidence, two His lordship proceeded to state papers only were of any material the oral evidence; during the course importance in the cause. Those of which he observed, that copies emphatical papers he would lay of the above-mentioned papers had before them. They had been been found on Jackson in Ireland, found in the possession of the pri- and the originals on the prisoner at foner, and had been written, the the bar at the time of his appre: one by Mr. W. Smith, and the hension. It was for them to con. other by S. H. Stone, from whom lider, whether he had them for any it had been sent to the prisoner, improper or traitorous purposes. through the medium of Jackson. Mr. justice Lawrence remarked, His lordship read both to the it was for the confideration of the jury, and Mr. Smith's paper was jury, whether the information, fent found to express the impolicy in through Jackson to France, had for the French of invading this king. its objeći a design of serving the dom, as the union of the people Freoch, or averting an invasion. here, their satisfaction in respect of The jury retired at eight o'clock, the government, and other circum- and, at about eleven, brought in stances, combined to render the their verdict, Not Guilty. execution of such a project imprac- The words were scarcely proticable. The second paper, which nounced, when an instantaneous was also in the form of a letter, ex. fhout arose in the court, which was pressed the same opinion in relation loudly joined by a numerous crowd to England, though it stated that in the hall. A gentleman, named things might not be so in Ireland. Richard Thomson, was observed to After several apposite comments, have joined in the thout, and was his lordship observed, it was very immediately ordered by his lord. material for the jury to consider the ship into the custody of Mr. Kirby. intent with which these papers had Mr. Thomfon apologized to the been written. Under several cir- court, by saying, that his feelings cumftances, the writing of such on the joyful occafion were such, papers would be no legal crime; that, if he had not given utterance but, however, useful they might to the joy which arose within his have become to the enemy, if an breast, he should have died on the evil intention did not accompany spot. the writing of them, it would a. Lord Kenyon answered, that it mount to a strong degree of indif- was his duty to suppress the emocretion, but not to high treason. tions of such tumultuous joy, which The jury were, nevertheless, atten- drew contempt on the dignity of tively to consider the motives with the court. His lordship ordered, which they had been kept in the that he should pay a fine of 20l. for prifoner's cuftody; and, if it should his misconduct, and remain in cusappear to them that they had been tody till payment. Mr. Thomson to for the purpose of tranfmitting tendered his draught for the fum, information of the state of the but this was refused, and he was country to France, in order to be taken into cuftody. serviceable to their government,
congratulation to their royal highFEBRUARY. nesses, which sentiments he con
ceived had been mistaken or mil2. Yesterday evening, as the roy, understood; or at least a very difal family were returning through ferent construction had been given Pall-mall to Buckingham-house, to them than he meant; or was infrom Drury-lane theatre, some evil- tended to be conveyed by that letdisposed person flung a stone at the ter. His royal highness said, that coach, in which were their majesties he thought it incumbent on him to and the lady in waiting, with such preserve a consistent character; that violence as to break the window, as his establishment, for certain and enter the carriage, where it fell reasons, had been reduced, and that into lady Harrington's lap. - [A re- the necessary state appendages atward of 1000l. has been fince offered tached to the character and rank for the discovery of the offender.] of prince of Wales, did not in con
6. Yesterday, at a court of com. fequence exist, his royal highness mon council, the lord mayor rose conceived he could not receive an to state to the court, the conference address in state, and particularly he had had with the prince of Wales, from the corporation of the city of on the subject of not receiving the London, for which he entertained congratulatory address of the city the highest veneration and respect. in the usual form; observing, that His royal highness, therefore, in a matter of so delicate a nature, thought it would appear disrespecthe had thought it his duty to com- ful to the first corporate body in mit the purport of this conver- this kingdom, to receive the memsation to writing, which, with the bers of it inconsistently with their leave of the court, he would with character and his own dignity. to bę read. The communication After some observations, and prewas as follows:
cedents being looked into, it was • In consequence of a letter from unanimously agreed, that the parti.. lord Cholinondeley, dated Januaryculars fhould be entered on the 31, 1796, ftating, that his royal records. See page (5). highness the prince of Wales wished 7. The prince of Wales reto speak to me at Carlton-house, ceived in private the congratulatory and to give me a private audience. compliments of both houses of par. on Tuesday (but which appoint- liament, presented by committees, ment was afterward, by a second in consequence of his royal highletter, fixed for Monday last, at one nefs, from having reduced his eltao'clock), I had the honour of wait- bli liment, being unable to receive ing on his roval highness, who ad- them with the proper dignities of dressed me by saying that he had his rank. seen with concern in the public. 8. In the court of king's bench, papers, a statement of what had Ben Lara, who had been convicted palled in the court of common- for defrauding John Spicer of lotcouncil on Thursday aft, respect- tery tickets of the value of about ing a letter written by lord Chol- 20001, by giving him a check upon mondeley, at the command of his fir Robert Ladbroke and co. who, royal highness, and sent to the city he pretended, were his bankers, but remembrancer, conveying his sen- with whom he kept no casi, was timents on the intended address of 'brought up, to hear the opinion of
the court on the motion in arrest in their verdiêt manNaughter; and of judgment.
the court sentenced him to be fined Lord Kenyon said, that the de. one shilling, and to be confined in fendant was a very bad man, and Newgate twelve months. had the conviction affected him in 23. Last week, at the Old Bailey, the most serious manner, he should Mrs. Phipoe, who had been con. not have been sorry for it; but in- viêted at a former sessions for for. famous as he was, the court muft cibly robbing Mr. Courtoy of a dispose of him according to law, promiffory note, of the value of and he was bound to say, that the 2000l. but whose case had been judgment in this case ought to be referred to the judges, (Jee Vol. XVI. arrested.
P: 37.) was put to the bar, when The other judges agreed, and Mr.justice Ashburst informed the judgment was therefore arrested, court, that the judges were unaniand the prisoner discharged! mously of opinion, that the offence
Carlton-house, Feb. 16. On the of which the had been convicted evening of Thursday laft, between did not come under the statute of eight and nine o'clock, her royal the 2d of Geo. II. chap. 25; nor highness the infant princess, daugh- was any such case in the mind of ter of their royal highnesses the the legislature at the time they prince and princess of Wales, was passed that law; for the paper, christened in the great drawingwhich she had been convicted of room by his grace the archbifhop of extorting, could not be said to be Canterbury ; her royal highness of any value after he had obtained was named Charlotte Augufta : the his liberty. Besides, it was necessponsors were their majesties in sary, to constitute the robbery, that perfon, and her royal highness the the party should have been in duchess of Brunswick, represented peaceable and quiet poffeflion of by her royal highness the princess the property; whichi, fuppofing the royal.
paper of value, the prosecutor here Came on in the court of never had had; for even the paper king's bench, the trial of Kyd on which the note was drawn was wake, indicted for hooting and not his. The judgment therefore hifling his majesty in his way to the must be rescinded. On her appli. house of lords, throwing a stone at cation to be discharged, her counthe royal carriage, and calling out sel informed her, that me muft go “Down with George, no war,'
,' back for the present; but if her fo, &c. on the first day of the present licitor came to him, he would in. feffion. Mr. Stockdale, bookseller struct him how to proceed. in Piccadilly, and Mr. Walford, Yesterday, George Crossley, an linen-draper, having acted as con- attorney, was indicted for forging stables on the day, proved the fact, an instrument, purporting to be the and the jury pronounced the pri- will of the rev. Henry Lewis, de. foner guilty. See Vol. XVI. p. ceafed, late of the county of Here(52).
ford; by which will the property 21. On Friday came on, at the of the deceased would devolve to Old Bailey, the trial of Mr. Richard lady Briggs, and through her to fir England, for the murder of William John Briggs, bart. with intent to dePeter T. Rolle, esq. in a duel, about fraud the heir at law. After a trial twelve years ago. The jury brought which lasted till four this morning,