FOR MR. PATRICK FINNEY,

[HIGH TREASON.]

January 16th, 1798.

On the 31st of May, 1797, Patrick Finney was arrested at Tuite's public house, in Thomas-street. He was indicted for High Treason, at the Commission held in Dublin, in July, 1797; and on Tuesday, the 16th of January, 1798, was brought to trial. Mr. Ridgeway opened the indictment, which was in substance

as follows:

The first count of the indictment charged-"That Patrick Finney, yeoman, on the 30th day of April, in the 37th year of the King, and divers other days, at the city of Dublin, being a false traitor, did compass and imagine the death of our said Lord the King, and did traitorously and feloniously intend our said Lord the King to kill, murder, and put to death."

The overt acts laid were as follows:-"1. Adhering to the persons exercising the powers of government in France, in case they should invade, or cause to be invaded this kingdom of Ireland, they being enemies to the King, and at war. 2. That the conspirators aforesaid did meet, &c., confer, consult, and deliberate, about adhering to the persons exercising the powers of government in France. 3. Adhering to the persons exercising the powers of government in France. 4. Conspiring that one or more persons should be sent into France, to excite an invasion of Ireland. 5. Conspiring that one or more persons should be sent into France, to excite an invasion of this kingdom, and to make war therein; and for that purpose did ask, levy, and receive, &c., from other traitors, money, to wit, from each £20, to defray the expenses of the persons to be sent. 6. That conspiring, &c., they did send into France four persons unknown, to excite the persons exercising the powers of government in France to invade this kingdom, and make war therein. 7. Conspiring to send, and sending, four persons into France, to persuade invasion, and to aid them in invading, and raising, and making war; and Finney, then and there, demanding and receiving money, viz. £20 to defray the charges of said persons. 8. That said Patrick Finney became a United Irishman for the purpose of assisting the persons exercising the powers of government in France, and being met to the number of forty-eight other traitors, did divide into four splits, each of which contained twelve traitors, and each split did then choose one to be secretary, to consult on behalf thereof with other splits, under the denomination of baronial meetings, for the purpose of adhering and making war, in case of an invasion of Ireland from France, and then and there conspiring an attack upon the Castle of Dublin, &c., and to deprive his Majesty of the stores and ammunition therein; and said Finney, to facilitate such attack, did advise and commend other traitors to view White's Court, &c., and give their opinion to their several splits, so that their secretaries might report the same to their baronial meetings. 9. Adhering to the persons exercising the powers of government in France, &c., and with fortyeight other conspirators, divided into four splits, each containing twelve, each split choosing a secretary to confer for the purpose of adhering to the enemy in case of invasion, and confederating and agreeing that a violent attack should be made on the ordnance stores, &c. 10. Consulting, &c., to procure an invasion. 11. Consulting to raise insurrection, rebellion, and war, in case of invasion of Ireland or Great Britain, from France. 12. Conspiring to assist the persons exercising the powers of government in France, in case of their invading this realm with ships and arms."

There was a second count, for "adhering to the King's enemies within the realm;" and in support of this count, the overt acts laid were exactly the same as those above recited.

The Attorney-General (Wolfe) stated the case, describing the United Irish organization, and alleging their communication with France. He introduced the charge against the prisoner and the chief witness-the eminent informer, Jemmy O'Brien, in these words :

"A man of the name of James O'Brien, upon the 25th of April, 1797, was passing through Thomas-street, in this city; he met a man who was his acquaintance, named Hyland, standing at the door of one Blake, who kept a public house. The prisoner at the bar, then, as I believe, a stranger to O'Brien, was standing at the door; Hyland asked O'Brien was he up ?-which is, I presume, a technical expression to signify that a man is a member of the society. They tried O'Brien by the signs, whether he was, or not. They told him that no man's life was safe if he was not up; and, particularly the prisoner at the bar, told O'Brien his life would not be safe, if he were not up: they desired O'Brien to go into the house, in a room of which eight people were sitting. There, after some discourse, O'Brien was sworn to secrecy, and afterwards he was sworn to that oath which is called the oath of the United Irishmen. They talked much of their strength of the number of men and arms provided in various parts of the kingdom, so great as to render the attainment of their object certain; and after much other discourse, which it is unnecessary to state, they adjourned their meeting to the house of one Coghran, in Newmarket on the Coombe, to be held the next Sunday, the 30th of April; they agreed that the pass-word to gain admittance, at Coghran's should be "Mr. Green." And it appears (for the trade is attended with some profit) that O'Brien was called upon to pay, and did pay the prisoner one shilling for swearing him.

"As soon as O'Brien left the house, and escaped the danger he imagined be was in, he went to Mr. Higgins, a magistrate of the Queen's county, to whom he was known, then in Dublin, and disclosed to him what had passed. Mr. Higgins told O'Brien he was right to reveal the matter, and brought him to Lord Portarlington, who brought him to one of the committee-rooms of the House of Lords, where he was examined by one of the Lord Lieutenant's secretaries. It was then thought expedient, that attention should be paid to this society, seeing its dangerous tendency, in order to counteract the designs entertained. O'Brien, conceiving that he might be in some danger from a society formed upon such principles, was advised to enlist in one of the regiments of dragoons then quartered in Dublin, and to attend the society, to learn their designs. With this view, O'Brien attended at Coghran's house, in New-market, and was admitted on giving the pass-word, "Mr. Green." He there found the prisoner at the bar, with forty others assembled; he was desired to pay sixpence to the funds of the society; he said he had not then sixpence; they told him he was to return in the evening, and that it made no difference, whether he then paid, or brought it in the evening. Finney informed him and the society that the money collected was to constitute a fund for the purpose of the society; that upon that day there was to be a collection from the United societies in Dublin, sixpence from each man, and that there was to be collected that evening from the various societies, 10,000 sixpences; and he further informed them (for he was an active man at that meeting) that there was to be a great funeral, that of one Ryan, a mill-wright, whose corpse lay at Pimlico, which was to be attended by all the societies in Dublin; that after the funeral, that particular society was again to assemble at the same place, Coghran's.”

Various other meetings were stated in a very moderate speech, and O'Brien swore firmly to the facts. Curran cross-examined the man calmly, and tempted him into confidential insolence. The ruffian described his career as the hanger on of an excise officer, drinking and extorting in public houses; he candidly avowed not only that he had practised coining, but he identified a receipt for coining, which he had, in a missionary spirit, given to another person; he admitted that, when told that Mr. Roberts of Stradbally would give evidence against his character, he (having a sword and pistol in his hands,) had said he "would settle him." For this he made a trivial explanation. Peter Clarke swore that on

the 31st of May, Finney gave him a copy of the United Irish test, and Lord Portarlington swore that O'Brien told him of one or two of the early meetings. Curran was to have opened the defence; but a principal witness being absent, a chaise was despatched for him, and Mr. Mac Nally set to speak against time.* The court had then to adjourn for twenty minutes' rest. Then Curran, after examining some persons of the middle class to prove O'Brien's infamy of character, and one to Finney's general loyalty, spoke as follows:

My Lords, and Gentlemen of the Jury. In the early part of this trial, I thought I should have had to address you on the most important occasion possible, on this side of the grave, a man labouring for life, on the casual strength of an exhausted, and, at best, a feeble advocate. But, gentlemen, do not imagine that I rise under any such impressions; do not imagine that I approach you sinking under the hopeless difficulties of my cause. I am not now soliciting your indulgence to the inadequacy of my powers, or artfully enlisting your passions at the side of my client. No, gentlemen; but I rise with what of law, of conscience, of justice, and of constitution, there exists within this realm, at my back, and, standing in front of that great and powerful alliance, I demand a verdict of acquittal for my client! What is the opposition of evidence? It is a tissue which requires no strength to break through; it vanishes at the touch, and is sundered into tatters.

The right honourable gentleman who stated the case in the first stage of this trial, has been so kind as to express a reliance, that the counsel for the prisoner would address the jury with the same candour which he exemplified on the part of the crown; readily and confidently do I accept the compliment, the more particularly, as in my cause I feel no temptation to reject it. Life can present no situation wherein the humble powers of man are so awfully and so divinely excited, as in defence of a fellow-creature placed in the circumstances of my client; and if any labours can peculiarly attract the gracious and approving eye of heaven, it is when God looks down on a human being assailed by human turpitude, and struggling with practices against which the Deity has placed his special canon, when he said "Thou shalt not bear false witness against thy neighbour; thou shalt do no murder."

Mr. M'Nally has marked, on his copy of the speech, that he spoke for an hour and three quarters, and that the speech was reported by "Leonard M'Nally, jun."

Gentlemen, let me desire you again and again to consider all the circumstances of this man's case, abstracted from the influence of prejudice and habit; and if aught of passion assumes dominion over you, let it be of that honest, generous nature that good men must feel when they see an innocent man depending on their verdict for his life; to this passion I feel myself insensibly yielding; but unclouded, though not unwarmed, I shall, I trust, proceed in my great duty.

Wishing to state my client's case with all possible succintness which the nature of the charge admits, I am glad my learned colleague has acquitted himself on this head already to such an extent, and with such ability, that any thing I can say will chance to be superfluous: in truth, that honesty of heart, and integrity of principle, for which all must give him credit, uniting with a sound judgment and sympathetic heart, have given to his statement all the advantages it could have derived from these qualities.

He has truly said that "the declaratory act, the 25th of Edward III. is that on which all charges of high treason are founded;" and I trust the observation will be deeply engraven on your hearts. It is an act made to save the subject from the vague and wandering uncertainty of the law. It is an act which leaves it no longer doubtful whether a man shall incur conviction by his own conduct, or the sagacity of crown construction: whether he shall sink beneath his own guilt, or the cruel and barbarous refinement of crown prosecution. It has been most aptly called the blessed act; and oh! may the great God of justice and of mercy give repose and eternal blessing to the souls of those honest men by whom it was enacted! By this law, no man shall be convicted of high treason, but on proveable evidence; the overt acts of treason, as explained in this law, shall be stated clearly and distinctly in the charge; and the proof of these acts shall be equally clear and distinct, in order that no man's life may depend on a partial or wicked allegation. It does every thing for the prisoner which he could do himself, it does every thing but utter the verdict, which alone remains with you, and which, I trust, you will give in the same pure, honest, saving spirit, in which that act was formed. Gentlemen, I would call it an omnipotent act, if it could possibly appal the informer from

our courts of justice; but law cannot do it, religion cannot do it, the feelings of human nature frozen in the depraved heart of the wretched informer, cannot be thawed!

Law cannot prevent the envenomed arrow from being pointed at the intended victim; but it has given him a shield in the integrity of a jury! Every thing is so clear in this act, that all must understand: the several acts of treason must be recited, and proveable conviction must follow. What is proveable conviction? Are you at a loss to know? Do you think if a man comes on the table, and says, "By virtue of my oath, I know of a conspiracy against the state, and such and such persons are engaged in it," do you think that his mere allegation shall justify you in a verdict of conviction? A witness coming on this table, of whatsoever description, whether the noble Lord who has been examined, or the honourable Judges on the bench, or Mr. James O'Brien, who shall declare upon oath that a man bought powder, ball, and arms, intending to kill another, this is not proveable conviction; the unlawful intention must be shown by cogency of evidence, and the credit of the witness must stand strong and unimpeached. The law means not that infamous assertion or dirty ribaldry is to overthrow the character of a man; even in these imputations, flung against the victim, there is fortunately something detergent, that cleanses the character it was destined to befoul.

In stating the law, gentlemen, I have told you that the overt acts must be laid and proved by positive testimony of untainted witnesses; and in so saying, I have only spoken the language of the most illustrious writers on the law of England.

I should, perhaps, apologize to you for detaining your attention so long on these particular points, but that in the present disturbed state of the public mind, and in the abandonment of principle, which it but too frequently produces, I think I cannot too strongly impress you with the purity of legal distinction, so that your souls shall not be harrowed with those torturing regrets, which the return of reason would bring along with it, were you, on the present occasion, for a moment to resign it to the subjection of your passions; for these, though sometimes amiable in their impetuosity, can never be dignified and just, but under the

control of reason.