deace of a man who had avowedly formed no other connexion with the parties than with a view to betray them.

Cockayne having finifhed his evidence, the court agreed to adjourn till the next day, it being late in the evening; and the jury retired to accommodations provided for them at the Swan tavern, Westminster bridge.

The next morning, the court affembled at nine o'clock, and the evidence for the crown being clofed, Mr ferjeant Adair entered into a long speech in favour of the prifoner, commenting with great acutenefs on every point on which the evidence turned, and ftating, that from the openness and publicity of the prifoner's conduct throughout the whole of the tranfactions in question, no imputation of guilt could attach to him. The evidence of Mr. Sheridan, and of the other gentlemen, who had ftated their converfations with him, was entirely in his favour; fully evincing that he was actuated by the view of ferving his country, by deterring the French from an invafion. Even the evidence of Cockayne, the fole witnefs for the crown, was alfo in his favour; for this man declared, that though he was in the highest degree of confidence with Jackfon, he could never find out what were his views. How then could he find out what were the views of the prifoner, with whom he had only a fort acquaintance? And he had further ftated, that he had had feveral converfations with Jackfon, in company with Hamilton Rowan, and other perfons difaffected to the conftitution of Ireland, relative to certain communications propofed to be made to the then government of France; and yet, in all these con

verfations, the name of Stone was never mentioned.

In conclufion, ferjeant Adair apologized for the length of time he had detained the court, but the feelings of the jury would point out to them it was his duty. He declared, that had it been his own cafe, he would have ventured to truft his life and his honour to the jury's own interpretation of the evidence, without making a single comment on it. But clear though it was, he could not, confiftently with his duty, do fo in the cafe of another perfon. It was under this impreflion he felt bound to go ftill further-and although there was not one fingle tittle in the evidence that could authorize them to fay there was any treasonable intention in the prifoner, he would yet, in order to remove any doubt which might remain in the mind of the most doubtful, produce witnesses to the good intentions of the prisoner; or, in other words, in confirmation of the evidence of the crown; witneffes, who would fhew the publicity with which Mr. Stone difclofed the fo much complained of correfpondence, even on the public exchange (a degree of opennefs incompatible with guilt), and convince the jury, that the prifoner was as incapable as any other man of difloyalty or traitorous intens tions.

Several witnelles were then called, who fully proved the publicity of the prifoner's conduct, in fre quently and openly reading his correfpondence with his brother. Mr. Samuel Toulmin, and other gentlemen, gave him a very refpectable character; and the Rev. Thomas Taylor, the Rev. A. Barbauld, and the Rev. John Kiddell, declared, they had never heard of, or feen,

any

of that of France, he conftantly employed the word we.

Of all the written evidence, two papers only were of any material importance in the caufe. Those emphatical papers he would lay before them. They had been found in the poffeffion of the prifoner, and had been written, the one by Mr. W. Smith, and the other by J. H. Stone, from whom it had been fent to the prifoner, through the medium of Jackson. His lordfhip read both to the jury, and Mr. Smith's paper was found to exprefs the impolicy in the French of invading this kingdom, as the union of the people here, their fatisfaction in respect of the government, and other circumftances, combined to render the execution of fuch a project impracticable. The fecond paper, which was alfo in the form of a letter, expreffed the fame opinion in relation to England, though it ftated that things might not be fo in Ireland. After feveral appofite comments, his lordfhip obferved, it was very material for the jury to confider the intent with which thefe papers had been written. Under feveral circumftances, the writing of fuch papers would be no legal crime; but, however. ufeful they might have become to the enemy, if an evil intention did not accompany the writing of them, it would a mount to a strong degree of indifcretion, but not to high treafon. The jury were, nevertheless, attentively to confider the motives with which they had been kept in the prifoner's cuftody; and, if it fhould appear to them that they had been fo for the purpofe of tranfmitting information of the ftate of the country to France, in order to be ferviceable to their government,

then no doubt could remain of the criminality.

His lordship proceeded to state the oral evidence; during the courfe of which he observed, that copies of the above-mentioned papers had been found on Jackfon in Ireland, and the originals on the prifoner at the bar at the time of his apprehenfion. It was for them to con fider, whether he had them for any improper or traitorous purposes.

Mr. juftice Lawrence remarked, it was for the confideration of the jury, whether the information, fent through Jackson to France, had for its object a defign of ferving the French, or averting an invafion.

The jury retired at eight o'clock, and, at about eleven, brought in their verdict, Not Guilty.

The words were scarcely pronounced, when an inftantaneous fhout arofe in the court, which was loudly joined by a numerous crowd in the hall. A gentleman, named Richard Thomfon, was obferved to have joined in the fhout, and was immediately ordered by his lordhip into the cuftody of Mr. Kirby. Mr. Thomson apologized to the court, by faying, that his feelings on the joyful occafion were fuch, that, if he had not given utterance to the joy, which arofe within his breaft, he should have died on the spot.

Lord Kenyon answered, that it was his duty to fupprefs the emotions of fuch tumultuous joy, which drew contempt on the dignity of the court. His lordship ordered, that he should pay a fine of 201. for his mifconduct, and remain in cuftody till payment. Mr. Thomfon tendered his draught for the fum, but this was refufed, and he was taken into cuftody.

FEBRUARY

FEBRUARY.

2. Yesterday evening, as the roy al family were returning through Pall-mall to Buckingham-house, from Drury-lane theatre, fome evildifpofed perfon flung a stone at the coach, in which were their majefties and the lady in waiting, with fuch violence as to break the window, and enter the carriage, where it fell into lady Harrington's lap. [Are ward of 1000l. has been fince offered for the difcovery of the offender.]

6. Yesterday, at a court of common council, the lord mayor rofe to state to the court, the conference he had had with the prince of Wales, on the subject of not receiving the congratulatory addrefs of the city in the ufual form; obferving, that in a matter of fo delicate a nature, he had thought it his duty to commit the purport of this converfation to writing, which, with the leave of the court, he would with to be read. The communication was as follows:

In confequence of a letter from lord Cholmondeley, dated January 31, 1796, ftating, that his royal highnefs the prince of Wales wifhed to fpeak to me at Carlton-houfe, and to give me a private audience on Tuesday (but which appointment was afterward, by a fecond letter, fixed for Monday laft, at one o'clock), I had the honour of waiting on his royal highnefs, who addreffed me by faying-that he had feen with concern in the public. papers, a statement of what had paffed in the court of commoncouncil on Thursday laft, refpecting a letter written by lord Cholmondeley, at the command of his royal highness, and fent to the city remembrancer, conveying his fentiments on the intended addrefs of

congratulation to their royal highneffes, which fentiments he conceived had been mistaken or mifunderstood; or at least a very different conftruction had been given to them than he meant, or was intended to be conveyed by that letter. His royal highnefs faid, that he thought it incumbent on him to preferve a confiftent character; that as his eftablishment, for certain reafons, had been reduced, and that the neceffary ftate appendages attached to the character and rank of prince of Wales, did not in confequence exift, his royal highness conceived he could not receive an addrefs in ftate, and particularly from the corporation of the city of London, for which he entertained the higheft veneration and refpect. His royal highnefs, therefore, thought it would appear difrefpectful to the first corporate body in this kingdom, to receive the members of it inconfiftently with their character and his own dignity.

After fome obfervations, and precedents being looked into, it was unanimoufly agreed, that the particulars fhould be entered on the records. See page (5).

7. The prince of Wales received in private the congratulatory compliments of both houfes of parliament, prefented by committees, in confequence of his royal highnefs, from having reduced his eftablishment, being unable to receive them with the proper dignities of his rank.

8. In the court of king's bench, Ben Lara, who had been convicted for defrauding John Spicer of lottery tickets of the value of about 2000l. by giving him a check upon fir Robert Ladbroke and co. who, he pretended, were his bankers, but with whom he kept no cafh, was brought up, to hear the opinion of