His lordship then pronounced sentence. Mr. Attorney General.-My lord, I could,with great sincerity, allow any indulgence of time, if the circumstances of the country could by possibility admit of it. But, my lords, I have a great duty to discharge, and must pray that execution may be done upon the prisoners to-morrow. Court. Be it so. The prisoners were executed, pursuant to their sentence, on Saturday, 14th of July, 1798, at the front of the prison in Green-street.* loved brother: to him and his invaluable wife grant the undisturbed enjoyment of their mutual love; and, as they advance, let their attachment increase. Let my Julia, my feeling, my too feeling Julia, experience that consolation which she has often imparted to others: let her soul repose at length in the consummation of all the wishes of her 'excellent heart: let her taste that happiness ' her virtues have so well merited. For my 'other sisters, provide those comforts their situation requires. "To my mother,-Ö Eternal Power! what " gift shall I wish for this matchless parent? "The following is a copy of Mr. John Restore her to that peace which I have "Sheares's farewell letter to his family. It unfortunately torn from her: let her forget "is addressed to his sister, to whom heme in the ceaseless affections of my sisters, "had been most tenderly attached; it may and in their prosperity let her taste that hap "not have much literary merit; but nature is 'piness which is best suited to her affectionate "there, which is the greatest beauty. heart; and when at length she is called 'home, let her find in everlasting bliss, the 'due reward of a life of suffering virtue. ‹ Kilmainham Prison, Wednesday night. "The troublesome scene of life is nearly 'closed; and the hand that now traces these lines, in a short time will be no 'longer capable of communicating to a beloved family the sentiments of his heart. "Adieu, my dear Julia! My light is just out. The approach of darkness is like that ' of death, since both alike require me to say farewell! farewell for ever! O my dear fa 'mily, farewell!-Farewell, for ever! 'J. S.'" "It is now eleven o'clock, and I have only time to address my beloved Julia in a short, 'eternal farewell. Thou Sacred Power!- "In the cemetry of the church of St. whatever be thy name and nature,-who" Michan's, in Dublin, there are vaults for the 'hast created us the frail and imperfect crea- " reception of the dead, of which the atmos<tures that we are, hear the ardent prayer of "phere has the peculiar quality of protracting ' one, now on the eve of a most awful change." for many years the process of animal decay. If thy Divine Providence can be affected by "It is not unusual to see there the coffins 'mortal supplication, hear and grant, I most" crumbling away from around what they were humbly beseech thee, the last wishes of a" intended for ever to conceal, and thus giving ' heart that has ever adored thy greatness and "up once more to human view their contents, thy goodness. Let peace and happiness" still pertinaciously resisting the influence of once more visit the bosom of my beloved" time. In this place the unfortunate bro• family. Let a mild grief succeed the mi'series they have endured; and, when an af"fectionate tear is generously shed over the ⚫ dust of him, who caused their misfortunes, let all their ensuing days glide on in union ' and domestic harmony. Enlighten my be "thers were deposited; and in this state of "undesigned disinterment their remains "may be seen to this day, the heads dissever"ed from the trunks, and the hand that once "traced those lines, not yet mouldered into " dust."-Life of Curran Vol. 2, p. 118. 632. Proceedings on the Trial of JOHN MAC CANN for High Treason; before the Court holden at Dublin, under a Special Commission of Oyer and Terminer, on the 5th, 16th, and 17th Days of July: 38 GEORGE III. A. D. 1798.* ON Thursday, July 5th, 1798, John Mac" maliciously and traitorously did assemble Cann was brought to the bar, and arraigned upon the following indictment: "meet conspire agree and consult together "with divers other false traitors whose names "are to the said jurors unknown to stir up County of the City of "The jurors for our "raise and make rebellion and war against Dublin, to wit. "lord the king upon "our said lord the king within this his king"their oath present and say that John Mac "dom of Ireland and to procure great quan"Cann late of Church-street in the city of" tities of arms and ammunition guns pístols "Dublin gentleman a subject of our said lord" swords pikes gun-powder and shot for the "the king of this his realm of Ireland not hav-" purpose of the said rebellion and to procure "ing the fear of God in his heart nor the duty" and cause great numbers of armed men to "of his allegiance considering but being "rise and prosecute and wage war against our "moved and seduced by the instigation of the " said lord the king within this kingdom "devil as a false traitor against our said lord "And farther to fulfil perfect and bring "the king his supreme true lawful and un-" into effect his most evil and wicked treason "doubted lord the king the cordial love and" and treasonable compassings and imagina"true affection which every subject of our said "tions aforesaid he the said John Mac Cann "lord the king should bear towards our said "as such false traitor as aforesaid with force "lord the king wholly withdrawing and con- " and arms on the twentieth day of May in "triving and with all his strength intending "the thirty-eighth year of the reign afore"the peace and common tranquillity of this" said at the parish of Saint Michael the arch"his kingdom of Ireland to disturb and the " angel in the county of the city of Dublin "government of our said lord the king of this" aforesaid falsely maliciously and traitorously "his kingdom of Ireland to subvert and our "did assemble meet conspire consult and agree "said lord the king off and from the royal" together with divers other false traitors "state honour imperial crown and govern- "whose names to the said jurors are as yet "ment of this his kingdom of Ireland to de- " unknown to depose and dethrone the said "pose and deprive and our said lord the king "lord the king and him off and from his royal "to death and final destruction to bring on "state authority and government of this king"the twentieth day of May in the thirty-"dom to deprive and put "eighth year of the reign of our said lord the "And farther to fulfil perfect and bring to king and on divers other days and times as "effect his most evil and wicked treason and "well before as after that day at the parish of" treasonable compassings and imaginations "Saint Michael the archangel in the said "aforesaid he the said John Mac Cann as "county of the city of Dublin with force and " such false traitor as aforesaid with force and arms to wit with swords sticks staves and "arms on the twentieth day of May in the "soforth falsely wickedly and traitorously did" thirty-eighth year of the reign aforesaid at "compass imagine and intend our said lord" the parish of Saint Michael the archangel "the king then and there his supreme lawful" in the county of the city of Dublin aforesaid "and undoubted lord off and from the royal" falsely maliciously and traitorously did as"state crown title power and government of "semble meet conspire consult and agree to"this his kingdom of Ireland to depose and "gether with divers other false traitors whose "deprive and the said lord the king to kill" names are to the jurors aforesaid as yet un"and put to death And that to fulfil and bring "known to overturn by force the lawful go"to effect his most wicked and treasonable "vernment of this kingdom and to change "imaginations and compassings aforesaid he" by force the constitution of this kingdom "the said John Mac Cann as such false trai- "And farther to fulfil perfect and bring to "tor as aforesaid with force and arms on the "effect his most evil and wicked treason and "twentieth day of May in the thirty-eighth "treasonable compassings and imaginations "year of the reign aforesaid and on divers" aforesaid he the said John Mac Cann as "other days and times as well before as after at "such false traitor as aforesaid with force and "the parish of Saint Michael the archangel in" arms on the twentieth day of May in the "the said county of the city of Dublin falsely "thirty-eighth year of the reign aforesaid at "the parish of Saint Michael the archangel * Reported by W. Ridgeway, Esq. Bar" in the county of the city of Dublin aforerister at Law. "said falsely maliciously and traitorously did 66 "assemble meet conspire consult and agree "kingdom of Ireland did retain and keep cer"together with divers other false traitors "tain paper writings containing accounts of " whose names are to the said jurors unknown "men arms ammunition and money to be "upon and about the means of raising and "employed in raising and prosecuting war and "making rebellion against the said lord the "rebellion against the said lord the king with"king within this kingdom and of procuring "in this kingdom with intent that the said "and providing great quantities of arms and "men should be arrayed and the said arms "ammunition for that purpose and of pro- "ammunition and money be employed in "curing and causing great numbers of armed raising and prosecuting the said war and "men to rise and to prosecute and wage war "rebellion against the said lord the king "against the said lord the king within this "And further to fulfil perfect and bring to "kingdom and of overturning by force the" effect his most evil and wicked treason and government of this kingdom and of chang-"treasonable compassings and imaginations ing by force the constitution of this kingdom" aforesaid he the said John Mac Cann as "And farther to fulfil perfect and bring to "such false traitor as aforesaid with force and "effect his most evil and wicked treason and arms on the twentieth day of May in the "treasonable compassings and imaginations" thirty-eighth year of the reign aforesaid at "aforesaid he the said John Mac Cann as "the parish of St. Michael the Archangel in "such false traitor as aforesaid with force and "the county of the city of Dublin aforesaid "arms on the twentieth day of May in the "falsely wickedly and traitorously did cause "thirty-eighth year of the reign aforesaid at "and procure great numbers of armed men "the parish of Saint Michael the archangel" to the number of one thousand men armed "in the county of the city of Dublin aforesaid "falsely maliciously and traitorously did as"semble meet conspire consult and agree to"gether with divers other false traitors whose" "names are to the said jurors unknown upon "and about the means of deposing and de"throning the said lord the king and him off "and from his royal state authority and go"vernment of this kingdom depriving and ❝ putting ❝and arrayed in a warlike manner traitorously "to assemble and appear in arms to wit at "Clondalkin in the county of Dublin and then and there traitorously to ordain prepare and levy war against the said lord the “king "And further to fulfil perfect and bring to "effect his most evil and wicked treason and "treasonable compassings and imaginations "aforesaid he the said John Mac Can as such "false traitor as aforesaid with force and arms "on the twentieth day of May in the thirty "And farther to fulfil perfect and bring to "effect his most evil and wicked treason and "treasonable compassings and imaginations" eighth year of the reign aforesaid at the pa"he the said John Mac Cann as such false "traitor as aforesaid with force and arms "on the twentieth day of May in the thirty"eighth year of the reign aforesaid at the "parish of Saint Michael the archangel" "in the county of the city of Dublin afore"said falsely maliciously and traitorously "with design and intent by force violence " and rebellion to overturn the present" "government of this kingdom and with in"tent by force violence and rebellion to "change and alter the constitution of this" "kingdom did associate himself together with " and become a member of a party society and "brotherhood then and there formed under "the denomination of United Irishmen and "then and there together adhering for the "purpose of overturning by force the govern"ment of this kingdom and dethroning and "deposing the said lord the king "rish of St. Michael the Archangel in the "county of the city of Dublin aforesaid "falsely maliciously and traitorously did as"semble and meet together with divers other false traitors whose names to the said jurors "are unknown to take and receive returns accounts numbers and names of officers men "and arms to be employed in raising and levying war and rebellion against the said lord "the king within this kingdom and did then "and there take and receive several returns accounts numbers and names of officers "men and arms to be employed in levying "war against the said lord the king in this "kingdom and did in writing set down the "said returns accounts numbers and names "and an account thereof with intent that the "said officers men and arms should be em"ployed in raising and levying the said war "and rebellion against the said lord the king. "And farther to fulfil and bring into effect "And further to fulfil perfect and bring to "his most evil and wicked treason and trea- "effect his most evil and wicked treason and "sonable compassing and imaginations he the "treasonable compassings and imaginations " said John Mac Cann as such false traitor as "aforesaid he the said John Mac Cann as "aforesaid with force and arms on the twen- "such false traitor as aforesaid with force and "tieth day of May in the thirty-eighth year 66 arms on the 20th day of May in the thirty"of the reign aforesaid at the parish of Saint eighth year of the reign aforesaid, at the "Michael the archangel in the county of the "parish of St. Michael the Archangel in the "city of Dublin aforesaid falsely maliciously" county of the city of Dublin aforesaid falsely " and traitorously with design and intent to "maliciously and traitorously with design and ❝stir up raise and make rebellion and war "intent to stir up raise and make rebellion "against the said lord the king within this his" and war against the said lord the king withVOL. XXVII. 2 D "in this his kingdom of Ireland did obtain " for the raising and prosecuting war and re"and procure the use of a chamber in the "bellion against the said lord the king and "house of one Oliver Bond in Bridge-street in" for the deposing and dethroning of the said "the city of Dublin in order that divers false "lord the king and to receive returns and ac"traitors whose names to the said jurors are "counts of men and arms to be employed for "as yet unknown should therein together" the said purpose against the duty of the al"with the said John Mac Cann meet and as- "legiance of him the said John Mac Cann "semble together to transact divers matters "and against the peace of our said lord the "for the raising and prosecuting war and re- "king his crown and dignity and contrary to "bellion against the said lord the king in this "the form of the statute in that case made kingdom and to receive returns of men and" and provided arms to be employed for that purpose 46 Second Count." And the jurors aforesaid "And further to fulfil perfect and bring to "on their oath aforesaid further present and "effect his most evil and wicked treason and say that an open and public war on the "treasonable compassings and imaginations" twentieth day of May in the thirty-eighth "aforesaid he the said John Mac Cann as "year of the reign of our said lord the now "such false traitor as aforesaid with force" king and long before was and ever since "and arms on the twentieth day of May in "hitherto by land and by sea hath been and "the thirty-eighth year of the reign aforesaid "yet is carried on and prosecuted by the per"at the parish of Saint Michael the Archan- "sons exercising the powers of government in "gel in the county of the city of Dublin afore"France and the men of France under the "said falsely maliciously and traitorously did government of the said persons against our "then and there and at divers other time did "most serene illustrious and excellent prince "give notice to divers persons of meetings to be "our said lord the now king and that the "held for the purpose of consulting upon the "said John Mac Cann a subject of our said "means of raising war and rebellion against "lord the king of this his realm of Ireland "the said lord the king and of receiving ac- "well knowing the premises and not having "counts and returns of men and arms to be "the fear of God in his heart nor the duty of "employed in the said rebellion and did sum- "his allegiance considering but being moved "mon and require the attendance of divers" and seduced by the instigation of the devil 66 persons to the said jurors as yet unknown" as a false traitor of our most serene illus"to attend at the said several places for the "trious and excellent prince George the Third "said purposes now king of Great Britain France and Ire "his strength intending the peace and com "And further to fulfil and bring to effect" land and soforth and contriving and with all "his most evil and wicked treason and trea"sonable compassings and imaginations afore- mon tranquillity of this his kingdom of Ire"said he the said John Mac Cann as such "land to disturb and molest and the laws "false traitor as aforesaid with force and arms "constitution and government of Ireland to "on the twentieth day of May in the thirty-"change subvert and alter he the said John eighth year of the reign aforesaid at the "Mac Cann on the twentieth day of May in "parish of Saint Michael the Archangel in" the thirty-eighth year of the reign of our "the county of the city of Dublin aforesaid "said lord the king and on divers other days "falsely maliciously and traitorously did col- "and times as well before as after that day "lect from divers persons whose names are "with force and arms that is to say with "to the said jurors unknown divers sums of "swords sticks and so forth at the parish of "money to be applied in the purchasing and "Saint Michael the Archangel in the said "providing arms to be employed by rebels in" county of the city of Dublin unlawfully "war and rebellion against the said lord the "falsely maliciously and traitorously was ad"king with intent that the said money should" hering to aiding assisting and comforting "be so employed as aforesaid The same overt acts were set forth as in the first count. The Prisoner pleaded-Not Guilty. "the persons exercising the powers of govern"And further to fulfil perfect and bring to "ment in France and the men of France un"effect his most evil and wicked treason and "der the government of the said persons and "treasonable compassings and imaginations["then being enemies of our said lord the king "aforesaid he the said John Mac Cann as "and so carrying on war against our said lord "such false traitor as aforesaid with force and "the king as aforesaid." arms on the twentieth day of May in the "thirty-eighth year of the reign aforesaid at "the parish of Saint Michael the Archangel "in the county of the city of Dublin afore"said falsely maliciously and traitorously did "obtain and procure the use of a chamber in "the house of one Oliver Bond in Bridge"street in the city of Dublin in order that "divers false traitors whose names are to the said jurors unknown should therein together "with the said John Mac Cann meet and as"semble together to transact divers matters Monday, July 16th. The prisoner being brought to the bar, and being asked, Was he ready for his trial, answered in the negative: after which he made an affidavit, containing several grounds for postponing the trial; but the only part of the atti davit which was considered by the Court was that which stated, that two persons, naming them, then confined on board a tender in the river, were material witnesses; that a memorial had been presented to Mr. Secretary Cooke, praying, that an order might be made for the production of these men at the trial, to which no answer was given. This not being denied on the part of the Crown, the Court postponed the trial till next day, the Crown solicitor undertaking to produce the men, or account for their absence. Tuesday, July 17th. Judges present.-Hon. Mr. Baron Smith, hon. Mr. Webber. Agent.-Mr. Kemmis. Thomas Reynolds,* esq. sworn. You did live a great part of your life in the city of Dublin?--I did." In what part of it?-In Park-street. In what course of business were you engaged?-A silk manufacturer. Extensively?-Indeed, Sir, I believe, the most extensive in Dublin. You had lately acquired a property in the interior part of Ireland ?—I had. Where?—In the county of Kildare. You must allow me, Sir, to ask you, were you ever an United Irishman ?--I was, Sir. You were regularly sworn to be one of that body?—I was. At what period of time were you sworn to be one of that body?-Shortly after the French had left this coast from Bantry-bay. I do not ask you who swore you, but at whose house was it?-At the house of Oliver Counsel for the Prisoner.-Mr. Curran, Mr. Bond, in Bridge-street. Mac Nally. Agent. Mr. James Crawford. The prisoner, John Mac Cann, was asked whether he was ready for his trial, and, find. ing that the two men mentioned in his affidavit of yesterday attended, said he was. The panel was then called over :-The prisoner challenged nineteen peremptorily, and twenty for want of freehold: two were excused, fourteen were set by on the part of the Crown, and the following were sworn upon the jury: Patrick Bride, William Thompson, Francis Kirkpatrick, Thomas Hendrick, Richard Hewson, Richard Jackson, Arthur Stanly, Mr. Webber opened the indictment. Another report of this trial contains the following account of the Solicitor General's opening speech: "The Solicitor General (Mr. Stewart), in a short, simple, and concise manner, stated the case against the prisoner, which being little more than an anticipation of the evidence, we shall not attempt to follow; the observations which he made were few, but forcible. It would be found, he said, that on the very night on which lord Moira was making an attempt to conciliate (as it was phrased) the agitators of the country, those very agitators were resolving that nothing short of the entire separation of the two countries, and the establishment of a republic in Ireland, would satisfy their furious ambition. He also observed, that the old complaint, that though by the English law two witnesses were necessary to an overt-act of treason, one only was Did you ever see the prisoner at the bar?I did. Who was he?-His name was John Mac Cann. With whom did he reside?-He resided at the house of Jackson, in Church-street, the iron-founder. Do you know, whether the prisoner was an necessary here, could not now avail; two witin the light of accomplices, but who else could nesses would be produced; it was true both give information of such dark and desperate conspiracies as existed in this country? One of them would be found to be a man of sense, property, and education, unhappily seduced by a wretched young nobleman, who had already fallen the victim of his diabolical ambition, who, though born of the first family in Ireland, had, to forward those ambitious hopes he had conceived, entered into fraternity even with an iron-monger's clerk, the prisoner at the bar. The Solicitor-general shortly sketched the miserable state to which this country had already been reduced by the practices of such men; and in order to prove the deliberate guilt and confidential situation of the prisoner Mac Cann, read a number of papers taken on him when arrested, written in his own hand, and evincing that he was indeed a very principal agent in the conspiracy which has laid waste this country. "He stated the casc at large, and explained the law of high treason by the statute of the 25th of Edw. 3rd, and stated all the overt-acts as set forth in the indictment, and observed that any one of such overt-acts being proved by written or parole evidence is sufficient to establish either of the charges of high treason laid in the indictment." * See his examination and cross-examination on the following trials of Byrne and Bond, particularly the latter. |