one of them was a suspension of the Habeas Corpus act; and I think there was mention made of the landing of foreign troops, or a foreign invasion, I am not certain which. Lord Justice Clerk.-- Did you think they might not be both used?—I cannot say.

Mr. Anstruther.—What troops did you suppose those foreign troops were?-I cannot say; it might be the troops of any country; it was in a general sense.

Did you suppose they were to meet upon the landing of troops who were our allies, though not British troops; for instance, Hessians and Hanoverians?-As to the intention of that, it is what I cannot enter into.

Upon the oath you have now taken, did you hear that the convention were to meet upon the landing of Hessians or Hanoverians in this country?—I cannot recollect.

You have mentioned three cases of emergency; was any mention made of the suspension of the act for preventing wrongous imprisonment? I do not recollect.

Where were they to meet?-I know not. Who was to fix the place of meeting?-To the best of my recollection, there was a cominittee appointed for that purpose.

Were they to keep it secret till it happened? -They were not to tell it; there was a confidential trust reposed in a few, that they were to fix the place and find ways and means.

Was there any mention of sealed letters being delivered to them, fixing the place of meeting, which were not to be opened till delivered by the delegates to their constituents?

I think I heard a mention made of sealed letters, but then I do not say that that was the mode that was determined.

What number was to proceed to business in case of these events happening?—I cannot be positive upon that subject.

Was this resolution come to in a more solemn manner than any other resolutions in the convention?-So far as I recollect, the convention deliberated upon it in a very decent, serious manner; and at last, they resolved it standing.

They all stood up, to declare their purpose of carrying it into execution more solemnly than usual?-We all stood up; and I think we did so upon another occasion.

Do you recollect what that other occasion was?-I rather have heard of it than was present at it.

Was it at the proposal for a union ?—I was not present.

Or upon their changing the designation of their meeting to that of the British Convention?-I was not present.

Did they, in passing this resolution, declare before God and the world, that they would do so and so?-I recollect the expressions before God and the world were made use of.

Did you ever hear such solemn expressions made use of upon any other occasions?-I do not recollect.

Did the panel make a speech upon that oc

casion, after this resolution was so solemnly passed?-So far as I recollect, Mr. Gerrald did speak, after the resolution.

Did you pay attention to his speech?Yes.

Did you afterwards read that speech in the Gazetteer?-I do not doubt but I might, in reading the Gazetteer.

And did the account in the Gazetteer much differ from what you had heard?—I can say no more than I have already said, that I did not observe any thing remarkably erroneous in it.

Was it a cool deliberate kind of speech, or was it warm and animated?-I do not recollect; but Mr. Gerrald spoke in his usual tone.

Thomas Cockburn cross-examined by Mr. Clerk.

You said you were a member of the convention; what did you understand to be the purposes for which they met?-The purposes in general, for which the convention met, was a reform in the British House of Com

mons.

By what means did the convention intend to accomplish this reform?-The means, so far as I understood, that they intended to use was, to endeavour to collect the minds of the people who were of the same opinion, and, by legal methods, to obtain their object, in a peaceable manner, so far as I understood.

Were they to petition parliament?—It was agreed upon in the convention, as I understood, in October; but I was not present.

What did you understand to be the object of the British convention which met in November?-I understood nothing essentially different from the convention that met before; the only difference was, the accession of a number of delegates from England; their design I understood to be the same.

You have been asked, whether Mr. Gerrald made a speech upon the 21st of November; now I beg leave to read it over to you, and then tell me if you recollect Mr. Gerrald making such a speech?-If there are any words that I recollect I shall tell you.

Mr. Burnett. He has already said, that when he read the Gazetteer, there was nothing essentially different.

Mr. Clerk. He said, that he generally read the Gazetteer, and he perceived nothing remarkably deficient; he spoke generally. I have not yet heard the witness say, that he heard Mr. Gerrald make this speech, which seems to be principally founded on in the indictment; and therefore I conceive it necessary, that the fact should be ascertained, whether the witness heard that speech, yea

or not.

Mr. Solicitor General.—I can certainly have no objection, except this, that the witness has been examined on the part of the prosecutor, and has given all the answers that he can give.

once heard in Jerusalem of crucify him, crucify him." The striking allusion that was made by the panel to that important transaction, makes me recollect it. As to any thing else that passed that evening I cannot recol lect. I think I came in a little before this part of the speech.

Do you think that was the night on which the motion for a union was canvassed?-I cannot say.

Did you read the Gazetteer at that time? Not when they were published; I had very little time.

Do you recollect after this, a motion being made in the convention, said to be a motion of Mr. Callender's, in the following words, or words of a similar import [reads Callender's motion from the indictment?]-I do not recollect whether I was present at that time or not; I know that such a motion was made by Mr. Callender.

Do you know if it was referred to a committee to make any amendments or alterations?-Yes.

Was there any report ?-Mr. Callender was very much enraged that his motion was not adopted precisely in his own words.

By whom was the report given in ?—I cannot say.

Look at that [Callender's motion in the minutes. That is my hand-writing.

That regards the motion we are now talking of? Yes, it does.

Look at that [Mr. Sinclair's amendments,] it seeems to have been in your possession, and marked in your hand-writing?—Yes.

Mr. Solicitor General. That is one of the papers that was found in Sinclair's posses

sion.

Witness-It was handed to me as assistant secretary.

Mr. Anstruther.-Were you present when this amended resolution was discussed, and did you continue there during the evening?I cannot say, I rather think not; for almost every evening I was obliged to go away upon the business of a respectable gentleman.

Do you recollect having been present at that convention, when there was any proposal to burn a motion?-I think I recollect it.

Whom was that motion made by?-Mr. Sinclair. I opposed it, because we had hitherto done every thing with openness and candor. Do you recollect the nature of that motion that was proposed to be burut?-I think it related to the calling a convention of emergency.

Had you any idea of the reason why he made such a proposal?-Owing to some arbitrary stretches of power that had been threatened.

Do you remember a motion made by citizen Margarot, of the following import: "That a Secret Committee of Three, and the Secretary be appointed," &c. [Reads it from the indictment]? Was any resolution adopted for earrying that into execution? Was there a

committee appointed?—I believe there was committee of three or four.

By what name was it called?-A Committee of Emergency.

In what cases was this committee to assemble the convention?-I believe one was in case any illegal attempt should be made to disperse the convention. Another occasion was in case of a foreign invasion; and I heard next day that another was, in case the Habeas Corpus act happens to be suspended, or the act for preventing wrongous imprisonment. In any of these cases the convention of emergency were to meet.

How was this convention of emergency to be assembled ?-I know of no particular mode in which they were to be assembled.

Do you recollect what number they were to consist of?-There were just three, and the secretary appointed on this business.

You had no idea of the place where the convention were to meet?-No.

That was kept secret?—Yes.

And this to the best of your recollection, was the motion proposed to be burnt?-Yes.

You said the reason of proposing that measure, was, that some arbitrary stretches of power had been made?-No, they had not been made; they were only threatened.

Do you recollect how you generally designated each other in the convention? We addressed each other in different modes, very often Sir, very often Mr. such a thing, frequently Citizen; and I recollect farther, that the person who introduced the word fellowcitizens among us, was a very respectable young nobleman, lord Daer; and he used it singly for a long time, like the man who walked near thirty years with an umbrella over his head, and nobody followed his example.

When you were divided into smaller parties, what were they called?-They were first called divisions, and then classes, afterwards the word sections was adopted as preferable.

Did you ever use the word sittings?—Yes; and I suppose you call this a sitting of the court of justiciary.

You had in your official capacity an opportunity of seeing papers given in; how were they dated?-Variously, according to the fancy of the writer.

Here is one dated from Liberty Court.→ Very good;-but, my lord, what objection have you to the word Liberty Court? Is the very name of liberty become unpopular? And here is another dated Liberty Stairs. Now, my lord, we have a number of new titles, and new streets, both in Edinburgh and Leith. I have been in Merchant-street, where I believe no merchant ever lived, and where I am sure there is not a single merchant's shop; I have been in Quality-street, where not a person of quality resides; I have been in Princes-street, where a prince never walked; I have been in Queen-street, where her most gracious majesty never set her foot. Besides these, we

have St. George's-street, St. Andrew's-street, St. James's-square, St. Patrick-street,—

Lord Justice Clerk.-What is all this idle harangue to the purpose?-My lord, I must say, it is exceedingly improper (I beg pardon for saying it), to interrupt a man upon oath. It is surprising, that the words Liberty Court should be found fault with, when we have so many new streets named after saints, although the majority of their inhabitants, so far from being saints, are in reality of the fashionable religion, that is the French religion, as your lordship perhaps would call it, or in plain English, of no religion at all. It is certainly proper to give a court that had no name, the name of liberty; nothing seditious can be inferred from it, any more than any thing superstitious can be drawn from the streets named after the Roman Catholic saints.

Lord Justice Clerk.-You are not come here to give dissertations, either on one side or the other: you are to answer to facts, according to the best of your recollection, and according to the great oath you have taken, answer the facts that are asked of you.-My lord, I wish to pay all due respect to your lordship and this Court, but I consider myself as in the presence not only of your lordship, but also as in the presence of the King of kings and Lord of lords; and therefore, as bound by my oath, to say every thing that I can consistently with truth, to exculpate this panel, who I am sure is an innocent man.

Mr. Solicitor General.-Many things you have now said, will, in my opinion, tend to do more hurt than good to the panel.

Witness. Of that, the gentlemen of the jury will judge.

Lord Justice Clerk.-Mr. Solicitor General, it is needless to put any more questions to this man.

Mr. Solicitor General.—I shall put no more, my lord.

For what purpose did you take those notes? -For my own amusement.

Did you not take them for the purpose of publication in the paper?-I did publish an account of them in the Gazetteer.

Then you took those notes for the sake of publishing them?

Lord Justice Clerk-Take his own words; he says he took them for his own amusement, and published them in the Gazetteer.

Mr. Burnett-I believe you have a brother in this town.-Yes.

Was he in the use of attending the British convention?—Yes.

Did he assist occasionally as secretary?— I cannot say whether he acted as secretary or not.

Did he assist in any shape?—I have seen seen him taking notes, and writing.

Did he take notes of the debates?—Yes. When you published the debates in the Gazetteer, did you state them as accurately as you could?—I cannot say for the accuracy of them.

Did you intend to make them as accurate as you could?—I did.

Did you revise the proof sheets of the paper? -Sometimes I did; I had not always an opportunity.

Are you acquainted with Mr. Gerrald, the panel at the bar ?—Yes.

Was he a member of the British convention?-I have seen him there.

Did he take a leading and active part in the business, as far as you saw?—I cannot say that I observed him take any leading part more than others.

Did he make speeches?—I have heard him speak in the convention.

So far as you recollect, did you take notes of his speech and publish them in the Gazetteer?-I published in the Gazetteer speeches of different persons, and I suppose Mr. Gerrald's among the rest.

Did you ever see Mr. Gerrald act as preses? -I cannot recollect.

Do you remember a motion made by Mr. Callender in the convention?—I think I do; but it is at such a distance of time that I cannot recollect much about it.

Do you remember any debate with regard to a question of union?—I think I do.

Do you remember if Mr. Gerrald made any speech upon that subject?—I remember his speaking; but what his speech was I cannot say.

Look at that newspaper; is that, to the best of your belief, the speech that you wrote out for the Gazetteer?-I cannot say.

This paper is published by you, is it not?— It appears to be so.

Lord Dunsinnan.-Was it an accurate account? Did you intend to make it inaccurate?-I did not intend it; but from circumstances I am sure it is not accurate.

Lord Eskgrove. Did you intend to put any thing in that did not pass?—I had taken a