observe, whether you do not think that the conduct and character of this unfortunate individual are such, as to entitle him at your hands to that recommendation, which I am sure the Crown would be happy to attend to, if you, under all the circumstances, thought yourselves privileged to give it. I will not detain you longer, Gentlemen, from hearing the evidence: which, I trust, will convince you that you ought to bestow that assistance and that succour, which alone an unfortunate and misguided man is capable of receiving at your hands. Mr. JUSTICE HOLROYD, Prisoner at the bar: Now is the time for you to say any thing which you may wish to say in your own defence. You are entitled, if there is any thing you wish to say to the Jury, to say it, although your Counsel have urged what they thought fit. Do you wish to say any thing? Prisoner. I leave it to my counsel, my Lord. REPLY. MR. ATTORNEY GENERAL. Gentlemen of the Jury, AFTER what has been said, by both my learned friends, standing as Counsel for the prisoner at the bar, it is impossible that it can be necessary for me to take up many moments of your time, in the few observations that I have to address to you. My learned friend, Mr. Cross, has truly stated to you, that the nature and character of this transaction, generally speaking of it, have been most thoroughly, most anxiously investigated, by the learned Judges and by three former Juries; that the nature and character of the transaction, as constituting the offence of High Treason in somebody, have, after that investigation, been decided, and been decided in a manner, against which no human being, with a reasonable mind, can lift up his voice. Gentlemen, let me do justice, however, to my learned friends, in saying this, that whilst it was possible that argument could be kept up, for the advantage of those for whom they have been counsel, every thing that learning and research-every thing that ingenuity and talent-every thing that eloquence and forcible appeal to the understanding, or passions, of those who were to decide, could be brought into the field, for the advantage of those for whom they have been concerned, has by them been done. I am quite sure that they, when they shall retire ultimately from this place, may go home and lay their hands upon their hearts and say, we have done our duty; for they have done it well. Gentlemen, as has been truly stated by my learned friend, Mr. Cross, if the character of the transaction itself is decided (and about that there can be no doubt) namely, that these acts, committed with the intentions with which they were committed, amount to the crime of High Treason, the only other question that can remain in the indi vidual case is, whether the particular person standing before you is implicated in those acts, cognizant of the intentions with which they were committed, and a party, and an assistant, and an active partizan, in the commission of those acts. Gentlemen, a body of evidence has been brought before you, which my learned friends have truly stated they can have no means of contradicting, because it is perfectly true, and it is impossible to contradict it, which does bring home to the prisoner at the bar, beyond a doubt, that he was concerned in this transaction; that he was cognizant of the intent of those who were acting at the times about which we have given evidence; that hi mind went along with them, and that he applied all the energy, if I may use the phrase, of which he was capable at the time, in carrying on, as an active partizan, this nnfortunate and nefarious transaction.—If that be so (about which no human being can doubt) you have, as Jurymen, to exercise and to perform only your duty of pronouucing, according to the evidence you have heard, that verdict, which can alone be supported by the evidence, namely, that he is Guilty. man; Gentlemen, with respect to that forcible appeal, that has been made by my learned friend, to mercy, I, and those who stand here, are not the dispensers of that most excellent quality, when properly exercised, which belongs to that must be left to others. My learned friends have introduced one branch, or one species of evidence which, as addressed in one point of view, has been wisely done, and properly done, as in another point of view it can have no effect-I mean, the evidence to this man's character. As applying to the facts of the case, upon which you are to exercise your judgment, it has no weight; and I will tell you why:-In cases in which it is doubtful whether crimes are committed; where there is reasonable doubt or balance of testimony, character may be introduced to shew or to endeavour to shew, the improbability of a person, who has that character, committing the offence ;-but when the facts are proved beyond all doubt and dispute; when there is no contradiction in the testimony; when, if what the witnesses have proved, is true, the guilt of the prisoner is apparent, however one may lament that a man, previously of good character, may have committed such a crime; if the crime has been committed, and that is proved, the verdict must follow in consequence of that proof. Gentlemen, with respect to that which has been addressed to you, upon the subject of recommendation, I have not one word to say upon the subject; that must be matter for your own consideration; that must be matter which must be weighed entirely by others. I will not say one word upon that subject; because whatever I might think about it, as applied to the particular case, unless I were called upon by my duty to step between any human being and mercy, I certainly should abstain from doing it; if I were called upon, I must then perform my duty; but all the duty I have here, is to bring the case against the prisoner at the bar, fairly before your judgment, that, upon that case you may exercise your honest understandings, and pronounce that, which you are bound to do by your general duty as men, and which as jurymen you have bound yourselves to do by the solemn obligation of an oath; pronounce a Verdict according to the Evidence. SUMMING UP. Mr. JUSTICE HOLROYD. Gentlemen of the Jury, After the very long and patient investigation, which every one must be satisfied has been given, both to the present case, and likewise to those which have preceded it, the judgment of the learned Counsel upon the part of the prisoners, has felt, that it is impossible they can stand against such a body of evidence as has been given against the prisoner at the bar in the present case; for that the facts which are given in evidence, supposing them to be true, and of that no doubt appears to be entertained, but of that, it is your province to judge; that strong body of evidence which has been given, supposing it to be true, is sufficient most clearly and indisputably to establish the crime of High Treason against the prisoner at the bar. There is not, in law, certainly, any doubt that an insurrection for general public purposes, that is, a rising of a considerable body of people for those purposes, and the attempting to carry them into effect by force of arms, is a levying of war, and is High Treason; and there cannot be the smallest possible doubt that that design which has been spoken of by the different witnesses, supposing it to be true, and you see by how many witnesses it has been confirmed, upon the testimony of the greatest part of whom there does not appear to be the smallest impeachment; supposing the design to exist, there cannot be the least doubt but that such a design, to subvert the Constitution and to depose the Government, is unquestionably High |