the prisoner stabbed him. He, the witness, on looking back, and seeing the man fall, was proceeding to return and také him from the ground, but one of the invalid soldiers refused to let him approach for some time. The witness said, "the man is murdered !"-" If he is murdered (said the invalid soldier,) it was not we, but the man in coloured clothes that murdered him."

The evidence being closed on both sides, the Hon. Justice Day proceeded to charge the jury. The learned judge strictly recapitulated the evidence, dwelt with force and precision on the leading circumstances of the case, and then ably laid down the points of law.

It was his duty to tell the gentlemen of the jury, that any provocation that could be given by an unarmed person on the occasion, could not justify the prisoner to take away his life. Such was the law that made allowance for human frailty, were even the evidence of the invalid admitted, between which, and the evidence of Downey and Beaghan, there ap peared a contradiction, on which, the only difficulty of decision, respecting the fact, hinged. If Downey's deposition gained full credit, the prisoner's case must be considered attended with inhuman aggravation, as thereby it appeared the unfortunate man was killed in retreating. Where thus the evidence on both sides was at an issue, the learned judge, after duly commenting on the circumstances and contradistinguished clashing testimony, recommended to the jury to give each whatever weight in their consciences, on serious inquiry, it could be found to deserve-and it might be, at the same time, not improper to reflect, that the prisoner, from the nature of his employment, became much obnoxious. If public odium influenced any attack on him in the unfortunate affray, the jury would do well to investigate how far, and if they conceived his case deserving any consideration on that ground, they were bound, no doubt, to give it—but his lordship here again took the law distinction, that such provoca

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tion, were it given, could not be received as a plea to set off the prisoner's crime.

The jury, without leaving the box, found the prisoner GUILTY.

On which Mr. Justice Day, with impressive and pathetic solemnity, passed sentence of death on the culprit. The learned justice observed, on the awful occasion, that if murder admitted of aggravation, the felon's crime, which had been clearly established in evidence to the full satisfaction of the court and jury, was aggravated with the most unprovoked, wanton and savage cruelty; he murdered an inoffensive, infirm, and defenceless man; a man with whom it is probable he had no previous intercourse, and, in consequence, against whom he could harbour no particular malice-but it was therefore substantiated that he cherished malice prepense against mankind in general, whence he became a member unfit for society, for whose sake he must be made an ignominious, a disgraceful sacrifice!-his fate was inevitable! The law gave him but forty-eight hours before his being called to answer for his crimes at an Eternal Bar, where the deepest previous penitence alone could operate as atonement, and where, therefore, the learned judge hoped, he would endeavour, by using every intermediate moment in contrition and devotion, to prepare himself to appear in the presence of the Searcher of Hearts.

The learned justice then sentenced him to be executed on Monday next, and ordered his body to be delivered to the sheriffs of the city, for dissection in Surgeons' Hall.

On Monday James O'Brien, pursuant to his sentence, was executed in front of the new prison, Green-street. The concourse of spectators attracted by the awful scene, was such as we never before witnessed on a like occasion, not only in point of numbers, but in point of conduct; public execration

could scarcely be carried farther in its expression, and the most senseless and abandoned creature that mixed in the rejoicing crowd, must have drawn some instruction from the scene before him, and involuntarily have prayed the Almighty "that his latter end should not be like unto that of this man." The body was literally torn to pieces by the mob before it reached Surgeons' Hall!

His crime was great, and his punishment just-but although it may have been the tribute of abhorrence which nature bestows on the foul deed of the murderer, yet we could have wished that there had been less joy expressed on the occasion. No doubt the public exultation was just, and it was fitting that such a wretch should not be among men-but although just, it shocks the civilized mind to see a multitude of human beings raise a cry of delight at the death of a fellow creature, and posthumous hatred or vengeance are not reconcilable to morality or religion. This, however, though shocking, is instructive, and not without its beneficial influence on the state of society; there are men who can brave the pangs of death and those of living shame, but cannot bear that their last moments, though ignominious, should elicit from the breast of a fellow creature no spark of pity-who cannot bear the idea of a community rejoicing in their death, and finding no monument but the public odium-no epitaph but the public curse. On such minds the scene of Monday must have had considerable influence; and thus, though frightful and disgusting, must have been useful. It will teach them, even without looking forward to Divine Justice, that within this earthly pale, death is not the end of punishment, and although privation of life may satisfy the sentence of the law, the sentence of public feeling and opinion heaps execration on his unburied corpse, and follows him from the gallows to the gibbet-attends him even beneath the surgeon's knife!

COURT OF KING'S BENCH.

JOHN HEVEY AGAINST CHARLES H. SIRR, ON AN ACTION FOR AN ASSAULT AND FALSE IMPRISONMENT.

MONDAY, 17th May, 1802.

MR. CURRAN stated the case for the plaintiff. He began by telling the jury, it was the most extraordinary action he had ever met with. It must have proceeded from the most unexampled impudence in the plaintiff, if he has brought it wan tonly, or the most unparalleled miscreancy in the defendant, if it shall appear supported by proof. And the event must stamp the most condign and indelible disgrace on the guilty defendant, unless an unworthy verdict should shift the scandal upon another quarter. On the record, the action, he said, appeared short and simple; it was an action of trespass vi et armis, for an assault, battery, and false imprisonment. But the facts that led to it, that explain its nature and its enormity, and, of course, that should measure the damages, were neither short nor simple-the novelty of them might surprise, the atrocity must shock their feelings, if they had feelings to be shocked-but, he said, he did not mean to address himself to any of their proud feelings of liberty. The season for that was past.

There was indeed, he said, a time when, in addressing a jury upon very inferior violations of human rights, he had felt his bosom glow, and swell with me noble and elevating consciousness of being a free man, speaking to free men, and in a free country; where, if he was not able to communicate

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the generous flame to their bosoms, he was at least not so cold as not to catch it from them. But that was a sympathy which he was not now so foolish either to affect to inspire, or participate. He would not insult them by the bitter mockery of such an affectation; buried as they were, he did not wish to conjure up the shades of departed freedom to flutter round their tomb, to haunt or to reproach them, Where freedom is no more, it is a mischievous profanation to use her language; because it tends to deceive the man who is no longer free, upon the most important of all points; that is, the nature of the situation to which he is reduced; and to make him confound the licentiousness of words, with the real possession of freedom. He meant not, therefore, he said, to call for a haughty verdict, that might humble the insolence of oppression, or assert the fancied rights of indepen dence. Far from it; he only asked for such a verdict as might make some reparation for the most extreme and unmerited suffering, and might also tend to some probable mitigation of the public and general destiny.

For this purpose, he said, he must carry back their attention to the melancholy period of 1798. It was at that sad crisis that the defendant, from an obscure individual, started into notice and consequence. It is in the hot-bed of public calamity, that such portentous and inauspicious products are accelerated without being matured. From being a town major, a name scarcely legible in the list of public encumbrances, he became at once invested with all the real powers of the most absolute authority. The life and the liberty of every man seemed to be given up to his disposal. With this gentleman's extraordinary elevation, began the story of the sufferings and ruin of the plaintiff. It seems, a man of the name of M'Guire, was prosecuted for some offence against the state. Mr. Hevey, the plaintiff, by accident, was in court; he was then a citizen of wealth and credit, a brewer in the first line of that business. Unfortunately for him, he had heretofore employed the witness for the prosecution, and found him a