tained. If, on the other hand, they found reason to believe that the plaintiff, in resisting those interrogatories which Major Sirr had put to him, immediately after conveying him to the provost, respecting a protection or some authority for being at large, had a view to provoke confinement, in order to lay a foundation for these proceedings, it should then be their duty to give none but damages merely nominal. These were the observations which occurred as necessary for his lordship to deliver, which he recommended to the jury to weigh and compare, with, perhaps, many more cogent ones of their own; at the same time, not forgetting to discharge their minds from every species of intemperate feeling or indignation, which different relations and comments on the same occurrence, might possibly have contributed to excite in them.

The loyal and conscientious jury gave a verdict for the plaintiff, 1507. damages, with costs.

COUNSEL for the plaintiff: Messrs. Curran, Barrington, M'Nally, Ball, Orr and Wallace. Agent, Mr. Cooke.

COUNSEL for the defendant: Green, Ridgeway, and Kemis. Solicitor.

Messrs. Fletcher, Plunket,
Agent, Mr. Kemis, Crown

(94)

The following trials are taken from a government publication in Dublin. It gives a melancholy account of the weak and abortive insurrection of the 23d of July, 1803, which, amongst many incalculable evils, caused the murder of Lord Kilwarden, and the premature death of that amiable, but unfortunate enthusiast Robert Emmet, Esq. This modern Curtius devoted his life to his country, but his country received no benefit by his death. The spirit and intention of this publication will be best understood by the following extract from the introduction:

"EVERY lover of order, of virtue, and social security, must recollect with horror the insurrection which broke out in the city of Dublin, on the evening of the 23d of July-an insurrection which will be ever infamous, not only for its unprovoked and wicked treasons, but also for the savage murder of Lord Kilwarden, his nephew the Rev. Richard Wolfe, Col. Brown, of the 21st regiment, Messrs. Parker and Edmiston, of the Liberty Rangers, and many other loyal and unoffending persons. Without detailing the whole of the evidence, which, by rendering this work expensive, would have narrowed its circulation, all that is material and instructive is preserved. From the luminous and eloquent statements of the Right Hon. Mr. O'Grady; from the affecting and admonitory exhortations of Mr. Baron George; and the interesting speeches of Mr. Curran and Mr. Plunket, may be collected a concise history of the insurrection. From the legal statements of his majesty's Attorney-General; from the preceptive exhortations of the venerable bench; and from the instructive speeches of the counsel, the people will learn to understand, to value, and to love the excellent constitution under which we have the happiness to live, and which displays all its perfections, and imparts all its blessings under the benignant rule of the virtuous Lord Hardwicke.

From the warning voice of the unfortunate Emmet, who might have been a`support and an ornament to society-that voice which spoke almost from the grave, and seemed assimilating to the energy and inspiration of eternal truth; they will learn to appreciate the character of that enemy, whose abandoned emissaries would seduce them from their king, their God, and their country! So apprehensive was the unfortunate Emmet, even of a limited and restrained alliance with France, that he commenced the insurrection with means the most disproportionate, and under a strong impression of despair, rather than seek or wait for her assistance. So convinced was he of the perfidy and vices of the modern Gauls, that, when his failure was no longer doubtful, he warned his countrymen against those friends to despotism and dominion, those enemies to law and liberty!"

THE TRIAL

or OWEN KIRWAN, FOR HIGH TREASON.

SPECIAL COMMISSION."

WEDNESDAY, 31st AUGUST, 1804.

OWEN KIRWAN was put to the bar, and arraigned on an indictment for high treason, to which he pleaded not guilty. After a jury had been sworn,

The Attorney-General (Mr. O'Grady) made a long and flourishing speech, defining the nature of treason so often described in the course of these trials, and the heinous offence of the conspirators now before the court. In stating to you, gentlemen of the jury, said he, the particular circumstan-. ces of this case, so far as they relate to the prisoner, it will not be necessary for me to enter into a very minute or very accurate survey of the progress of disaffection in this country. But certainly it is matter of some consolation, to know that the conspiracy which broke out in open insurrection and rebellion, on the 23d of July last, was confined within much narrower limits than the promoters of it are willing to inculcate. Whether we consider the numbers who have embarked in the enterprise, their wealth, or their character, it will appear contemptible in the extreme. So far as it had

A number of unfortunate men were tried before this commission, condemned, and immediately sent to the gallows. We select the two following for the singularity of the cases, and the sentiments of the speakers.

for its odious object the subversion of the government and the constitution of this country, it was absurd and romantic; it was idle and visionary even in the opinion of many of those who embraced it. But so far as it was calculated to make a false impression of our situation upon foreign countries, and to depreciate our loyalty in the estimation of Europe, it was a dangerous design; and though from the abandoned profligacy of those who were employed as the immediate instruments of its execution, we have to lament many private calamities and disgusting horrors, yet perhaps they should be considered as the visitations of Providence to confound the devices of our enemies, and to rouse the loyal energies of the nation.

Gentlemen, the last time we were collected here, upon an occasion similar to the present, was in the year 1798; and it would be, in truth, a dismal and distressing reflection, that during the interval which has since elapsed, the mildness, and clemency, and conciliation of our own government, contrasted with the oppression, extortion, and tyranny exercised over France, and the unhappy countries which surround her, should have wrought no change in the political feelings of Ireland. But I am happy to state that there is no room for such reflection: the good sense and propriety of the country have taken the alarm, and can no longer be seduced by schemes of avarice and delusion.

After going through the whole of the evidence, which was as full and as convincing as he could have wished, Mr. Attorney-General concluded with saying, I have no doubt you will faithfully discharge your duty to the prisoner and your country; I will not anticipate your verdict. If the case should be doubtful, you will be indulgent to the prisoner, but if you are called upon for compassion, you will exercise that which embraces the whole body of the people, as well as the narrow circle of the dock. The calm tranquillity which has succeeded the 23d of July, notwithstanding the hopes and predictions of traitors, has enabled you at this day VOL. II.

N