Dear Sir-I shall be happy to bear testimony upon any occasion that may be afforded me, of such parts of your conduct as came within my observation during the late unhappy rebellion. In the first instance, I perfectly recollect that on the 27th of May last, you joined the corps of yeomanry to which I belong, but from appearing in colored clothes in common with a few other persons who had offered their services, it was thought advisable by the officer commanding the party, that such persons as were not in military uniform should return to Wexford. For the space of fifteen days, I had frequent opportunities of seeing and hearing of your conduct, which I believe to have been strongly marked by mildness and humanity, and an abhorrence of the excesses that were daily committing, which you had it not in your power to prevent; nor did I ever see you carry arms during that period. I have to acknowledge many kind and friendly visits from you during my confinement, when you gave me, Mrs. Browne, her sister Mrs. Huson, and family, all the consolation in your power; but in particular, after I had been dragged down to jail by a party of the rebels, you immediately repaired there, used your exertions, brought down General Roche, and happily for me you succeeded in effecting my release. After this I was advised to go to my own house in the country, but being again made a prisoner there, and being surrounded by numerous perils, in the midst of my distress you wrote a most friendly letter, which was delivered to Mrs. Browne in the most secret manner, communicating the violent threats you had heard against me in Wexford, and recommending me to return to town, in order to refute the charges that had been brought against me. Upon the whole, I am convinced that your conduct towards me was solely actuated by

motives of esteem and regard for my preservation, for which I should be happy to render you any adequate kindness. I am well convinced that during the disastrous period of three weeks—while the rebels had possession of Wexford-many loyal subjects were obliged to act in a manner repugnant to their feeling, in order to save their lives and please the multitude, who threatened vengeance against many persons for not aiding and assisting in their designs. Your letter dated the 18th ult. I assure you I never received till about one o'clock yesterday, when it was handed to me in the court-house, which will apologize for my not attending to it in due time.

I am, dear Sir,

Your obliged and faithful humble servant,

ARMSTRONG BROWNE,

First Lieutenant Shilmalier cavalry

Testimony of Ebenezer Jacob, Esq., M.D., on the trial of Edward Hay, at the assizes of Wexford, on the 27th of July, 1799, produced and sworn as an evidence for the crown.

Examined by TIMOTHY DRISCOL, Esq.

Recollects the time in 1798, when the rebels were in possession of Wexford; was in Wexford during that period; knows the prisoner; believes the first time he saw Mr. Hay after the rebels came into Wexford, was when he was inquiring where General Fitzgerald was; heard he was at Mr. Lett's, where Mr. Bagnal Harvey lodged; went to Mr. Lett's and found him there; to the best of his recollection, he saw Mr. Hay, Captain Keugh, and Mr. Harvey; cannot say in what situation Bagnal Harvey acted during the rebellion; saw Keugh at the head of a

party of rebels in arms; has seen Keugh act as an officer; has no positive knowledge of a committee existing in Wexford at that time; saw Mr. Hay again passing by with Mr. Harvey; said they were going to give circulation to bank-notes; does not believe there was any one else in company with them; believes he saw them near the court-house, moving on to the left of the town; remembers the 21st of June, 1798; was called on by Robert Meyler, who told him several persons were at Keugh's, and requested he would go there; went accordingly, and saw the prisoner at Keugh's house; saw Keugh, Harvey, R. Carty, priest Roche, and several others, whose names he does not recollect, in company with prisoner; Keugh asked if they should speak on the subject Doctor Jacob was sent for? Hay said yes, and he did so; Keugh said, it would be madness not to surrender the town, as there were great numbers of the king's troops marching in different ways to Wexford; one army he said was marching from Taghmon, another from Oulart, and a third from Enniscorthy; they all immediately agreed but priest Roche, who was overruled. It was proposed that he and Robert Carty should go with a flag of truce to the Taghmon army, and that the prisoner and Captain M'Manus should go to the Oulart army; Captain M'Manus was selected as a loyalist; cannot tell why Mr. Hay was selected; cannot say whether Keugh gave any reason for coupling them; Captain O'Hea and were sent to the Enniscorthy army; Mr. Hay consented to go; spoke to that effect and went; the persons he met at Keugh's were of a tolerable degree, persons he conceived of high situation, from opinion, not knowledge; does not recollect any others that were there; the persons so assembled assumed authority; it was mentioned in Mr. Hay's

presence that he was to go with Captain M'Manus, and he consented; does not believe Mr. Hay was an officer, never saw or heard he carried arms; cannot say whether Carty was an officer or not; never saw Bagnal Harvey act in the capacity of an officer; Carty was a rich farmer; Harvey was a man of property; Keugh was an officer in the army, and always considered a gentleman.

Cross-examined by PETER BURROUGHS, Esq.

It was after the town was surrendered to the rebels he saw Mr. Hay; believes he did not meet Mr. Hay in company more than once or twice before that day; many loyal persons were desirous of being in the company of Harvey and Keugh, to afford themselves protection; believes that the religion of a Catholic might make him more respected with the rebels, and might give a Catholic more influence than a Protestant; believes great bloodshed was prevented by those who had influence; believes that a loyal man might be glad to have influence with the rebels; does not actually know that Mr. Hay used his influence to save lives, but is confident he would do so if he could; the loyal inhabitants would have been in great danger had there been a battle in taking the town; a loyal and humane man ought to join in the terms of recapitulation, but he conceived a loyal Roman Catholic would be preferred to go to the army; many persons favored the rebellion that detested it. Q. Do you not believe that many Protestants submitted to be christened by priests? A. I do believe many loyal men did so, but no true Protestant need do so, if it was not his own choice. Q. Do you not believe that Captain Hay was considered a rebel? A. I do. Q. Did you not hear that he

was tried and honorably acquitted by a court-martial? A. I did.

No. XIII.

Letter from Mr. Hay to the Rev. Mr. Gordon.

Reverend Sir-As you have publicly professed a wish to be informed of any involuntary errors contained in your history, at a time when speculative opinions supply the place of fact, and are so prevalent, hearsay evidence-whether oral, manuscript, or even printed-is to be received with the greatest caution. The great superiority of ocular information to any other, induces me from personal knowledge of facts to send you along with my own opinion auxiliary documents that cannot fail to convince you, that the introduction of my name into your history is not such as I am entitled to, and I hope your professions of candor and liberality may be realized, by doing justice to my present communication.

According to the plan contained in Mr. Byrne's circular letter, two persons deputed from each Catholic congregation in the county of Wexford, assembled at Enniscorthy, on the 29th of July, 1792, where they elected delegates to represent the county in the general committee of the Catholics of Ireland. I attended this meeting as a voter from the congregation I belonged to, and had the honor of being elected one of the delegates for the county of Wexford. So that the intermediate step of baronials, which you mention in your history, had but a speculative existence, invented, I do suppose, with a view of assimilating the Catholic committee with the sys