(95)

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

OF 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 guil ty. 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 circumstances 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.

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to enter upon the investigation with becoming composure, and to extend to the prisoner the fullest advantages of the British constitution. I wish you to do so, and I am happy at being able to call your attention to the universal tranquillity of our country. The storm has passed over us, and the constitution has survived. Our gracious monarch sits unmo❤ ved upon his throne, his sceptre resting upon his people. Contrast your situation with those unhappy countries which have been subjugated by the arms, or seduced by the artifices, of France. "They are brought down and fallen, but we are risen and stand upright." And may we retain that proud attitude, until peace and tranquillity shall be restored to Europe, and until that nation which has been so long employed to scourge other countries for their crimes, shall in due time be called upon by the wisdom of Providence to answer for her own.

EVIDENCE FOR THE CROWN.

his going nearly full, but was

Benjamin Adams sworn. He proved that on the evening of the 23d July, as he was looking out of his window, which was nearly opposite to the prisoner's house, in Plunket-street, he saw the prisoner, who was an old clothesman, go very often up Plunket-street, towards Thomas-street, with a green bag in his hand, which appeared on always empty on his return. Several men collected at the prisoner's house, and as the prisoner was discoursing with another man at his own door, the witness saw a rocket which came from towards Thomas-street, clear over Plunket-street, and when the prisoner saw it, he took off his hat, and cried out, "there is the rocket, my boys!" He then returned into his shop where his wife was standing-he had a green frock coat on him, which she made him take off, handing him a cotton jacket, which he put on; after which he armed himself with a pike, saying, “God's blood, boys, turn out-the town is our own to night;" adding these words: any man that does not turn out to-night will surely be put down to

morrow." The prisoner and his party, consisting of about eight or ten men, and all armed with pikes, then ran up the street, and turned the corner towards Thomas-street. The witness did not see him again that night.

John Adams, father of the preceding witness, swore, that on the night of the 23d, about a quarter past 9 o'clock, as he was nailing up some boards at a cellar in Plunket-street, he saw some men with pikes whom at first he supposed were watchmen. A woman took him by the sleeve, and pulling him into his own house, followed him, saying, that "they would all be massacred that night," adding, that "that was the time to escape." He flew up stairs, looked out of the window, and saw a number of pikemen-he heard a man desire "all the boys to turn out to arms," and thought he would be killed. His wife desired him to escape, and leave her to the mercy of the world. He accordingly went on the roof of the house, through a dormant window, where he found five or six men who sought concealment like himself, and there, in the valley of the roof, they lay till near one o'clock. The witness did not see the prisoner afterwards for a week, and he never recollected the prisoner having been so long from home.

Lieut. Stewart Hume Douglas, of the 21st regiment, sworn-deposed, that he was stationed on the 23d of July, at the barrack on the Coombe, and about ten o'clock in the evening the rebels made a charge upon his men. Three of them approached first, and fired on his party, by which two men were wounded. The witness then ordered his men to fire upon the rebels, and he heard the voice of some person urging them forward, but they did not seem to wish it, upon which he gave them another volley; they retreated, and he gave them a third volley as they turned the corner of Francisstreet, through which they all made off. After this, they found four dead men upon the ground. One man, about 60 or 70 years old, made an attempt with a pike upon the