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. /6 • >^ ^\^ • ^^

COMPLETE COLLECTION

State Trials

AND

PROCEEDINGS FOR HIGH TREASON AND OTHER

CRIMES AND MISDEMEANORS

FROM THE

EARLIEST PERIOD TO THE YEAR 1783,
WITH KOTES AXD OTHER ILLUSTRATIOXS :

OOMPILEb BT

T. B. HOWELL, Esq. RR.S. E.S.A.

INCLUDINOy
r» ADDITION TO T^K WBOLS OF THE MATTER COHTAINED IN THE

FOLIO EDITION OF MARGRAVE,

VPWABDS OF TWO HUNDRED CASES NEVRR BEFORE COLLBCTED;

TO WHICH IS SUBJOINED

A Table of Parallel Refemewce,

RENDERUIO THIS EDITION APPLICABLE TO THOSE BOOKS OF AUTHORITY IN
WHICH REFERENCES ARE MADE TO THE FOLIO EDITION.

IN TWENTY-ONE VOLUMES.

VOL. xvm.

17—26 GEORGE II 1744—1753.

LONDON:

Pritaed fry 7. C. Hamard, Peterbertrngh-Cowi, Fleet-Street :

FOR LONGMAN, HUBST, REES, ORME, ahd BROWN ; J. M. RICHARDSON ;
H^CK, PARBURY, avd ALLEN; BALDWIN, CRADOCK, amd JOY;
E. JEPFERY; J. HATCHARD; R. H. EVANS; J. BOOKER; E. LLOYD;
J. BOOTH; BUDD akd CALKIN; AND T. C. HANSARD.

1816.

' I

P.3

s f

TABLE OF CONTENTS

VOLUME XVIIL

REIGN OP KING GEORGE THE SECOND.

Pagjt

SM. The Trial of Mrs* MARY HEATH, (a Witness examined on
the Trial in Ejectment in the Court of Exche^ier in Michaelmas
Term, 174S, in the Cause wherein Campbell Craig, Lessee of
James Annesley, esq. was Phuntifl^ ag^nst the Right Him. Richard
Earl of Anglesea, Defendant) fo/Mj[ury, at the Bar of the Court
of King's-Bench in Ireland^ on Friday the 8th Day of February,
A.D. 1744 • 1

505. The Trial of the Right Hon. RICHARD Earlof ANGLESEA,

FRANCIS ANNESLEY, esq. a(nd JOHN JANS, gent, (m an
Assault on the Hon. James Annesley, Daniel Mac Kercher, and
Hugh Kennedy, esqrs. and WiDiam Goostry, gent. A. o. 1744 ••• 198

506. The Trial of WILLIAM CHETWYND, esq. for the Murder of

Mr. Thomas Ricketts, a. d. 17i3 890

607. The Trial of FRANCIS TOWNLEY, esq. for High Tieason, (ia
levying War agaiost his most Sacred Majesty King Geoige the
Second), A.D. 1746 S90

. S08. The Trial of GEORGE FLETCHER, for High-Treason, a.b.

1746 7^ as*

M9. Ibe Trials of THOMAS CHADWICE and WILLIAM BAT-

TRAGH, for High Treason. A. ». 1746 .,.....,.^.,n..„„u S59

TABLE OF CONTENTS.

Poge

510. The Trial of THOMAS THEODORUS DEACON, for High

Treason, a. d. 1746 360

511. The Trial of JOHN SERWIOK, ftr.Aigh fitastm, iWD. 1746 367

518. The Trial of DAVID MORGAN, of Monmouth, but late of

Derby, esq. for High Treason, a. p. 1746 c» 371

513. The Trial of ALEXANDRIA MAC GROWTHER, for High

TreaaoD, a. o. 1746 391

514:* The Proceedings at St. Margaret's-hill, Southwark, relatbg to
ALEXANDER and CHARLES KINLOCH (Brothers to Sir
James Kiolocbi bart.), lelatu^ to their Plea that they were b4Nrn
in Scotland, and ought to be tried according to the Laws of that
Kingdom, &C. a. n. 1746 •• 395

615. The TririofJAMESBRADSHAW, for High Treason, A. D. 1746 415

516. The Trial of Sir JOHN \VfPM>£RBURN, bart* for High TnMMon,

A.n. 17i6 - 426

517. Proceedings at the Court of King's-Bench, Westminster, November

$1, agdnst CHARLES RATCLIFFE, esq. on a Contfction and
AttafBdcr of High Treason in May 1716, A. x>. 1746 490

6 IS. The whole Proceedings in the House of Peers, upon the Indictments
against WILLIAM Earl of KILMARNOCK, GEORGE Earl
of CROMERTIE, and ARTHUR Lord BALMERINO, for
High Treason, in levying War against his Majesty, a. d. 1746 412

519. The whok Proeeedings in the House of Peei^s, upon the Impeach-

ment exhibited by the Knights, Citizens, and Burgesses, in Par-
liament assembled, in the Names of themselves, and of all the
Commona of Grait Brituai against SIMON Lord LO VAT, ibr
High Treason, a. d. 1746-7 t «'•«•••• 530

520. Proceedings agabsi iBNEAfl MACDONALD aSas ANGUS

MACDONALD, for High Treaaen, A. n. 174'7> ....*^m.m 85S

TABLE OF CONTENTS.

Page

S81. The Trial of ARCHIBALD STEWART, esq. late Lord Provost
of Edinburghy for Neglect of Duty and Misbehaviour in the Exe-
cution of his Office, as Lord Provost of Edinburgh, before uid
at the Time the Rebels got Possession of that City, in the Month
of September 1745> a. d. 1747. [Extracted, under the Hand of
the Clerk of Justiciary, from the Books of Adjournal of that
Court] 86S

5S3. The Trials of WILLIAM JACKSON, WILLIAM CARTER,
BENJAMIN TAPNER, JOHN COBBY, JOHN HAM-
MOND, RICHARD MILLS, senior, and RICHARD MILLS,
junior, his son, for the Murder of Wm. Gaily and Daniel Chater,
A.D. 1749 .•.. 1070

52S. The Trial of MARY BL ANDY, Spinster, for the Murder of her

Father, Francis Blandy, gent. a.d. 1752 ; -.— 1118

924. The Case of JOHN SWAN and ELIZABETH JEFFERYS, for

the Murder of Joseph Jefferys, a. d. 1752 • • 1194

585. The Trial of WILLIAM OWEN, for Printing and Publishing a
Libel, intituled, << The Case of Alexander Murray, esq.*' a* d.
1752 120S

506. The Trial of JOHN BARBOT, Attorney at Law, for the Murder

of Matthew Mills, esq. a.d. 175S 1230

587. The Case of Pressing Mariners, on the Trial of ALEXANDER •
BROADFOOT, for Murder, a.d. 174S 1S8S

538. The Trial of Mr. DANIEL TAYLOR, Pireacher m an Episcopal
Meeting-House, and others, for not presentuig theur Letters of
Orders, and for not praying for his Majesty King George, a. d«
1716. [Now first published from the Records of Justiciaiy al
Edinburgh.] [N.] ..'. ^ 1963

A COMPLETE COLLECTION

STATE TRIALS,

£04. The Trial of Mrs. Mart Heath, (a Witness examined on the
Trial in Ejectment in the Court of Exchequer in Michaelmas
Term, 1743, in the Cause wherein Campbell Craig, Lessee of
James Annesley, esq. was Plaintiff, against the Right Hon.
Richard Earl of Anglesto, Defendant) for Perjury, at the Baf
of the Court of King's-Bench in Ireland, on Friday the 8th
Day of February, 17 George IL a. d. 1744. [Published by
Permission of the Right Hon. the Lord Chief-Justice Marlay,
Mr. Justice Ward, and Mr. Justice Blennerhaflset]. .

The several Proceedings had upov
AH Indictment against Mart
Hbatb, for Perjury, previous
TO HEB Trial.

The fim was found by the g^raod-jury of
the ooanty of Dublin, at a seuion of tlie com-
nusaion of Oyer and Teripiner, on the 24th
day of October 1744 ; and there she traversed
the indictinent, and removed the record by
Certiorari iSttirtbe Court of King's- bench, re-
turnable the first day of last Michaelmas term.

Oa the sixth dajr of Norember 1744» the
tiavenier a^ppeared in the Court of Kins^s^
bench, and the Court appointed the trial to be
at the bar of the Court on the 14th dayjof N4»-
vember,' with liberty for either party to apply
in the mean time to put off the trial, for rea-
Moable cause, to be made appear by affidafit.

The traverser did apply to put off the trial on
the following affidavit, sworn the 10th of No-
vember 1744.

** The Kino agaitui MAitr Hbath.

<* The traverser, Mary Heath, came this day
before me and made oath, that James An-
nesley* having as deponent heanl and believes,
brougiit an^^ectroent in the Exchfouer for re-
covery of Uie possession of part or the estate
'wheimf Arthur late earl of Ani^lesea died seized-
In Wt klbi^orh ; and the right honourable Ri-

TOk XVUI.

chard earl of Anglesea having taken defence
to said ejectment, the same came to be tried at
the bar of said court in last Michaelmas term ;
which trial continued and was adjourned from
day to day, for upwards of ten days, on which
trial deponent was produced and examined as a
witness on behalf of aM eari. That deponent
is well informed and verily believes, that oa
said trial the only point tried was, whether saiil
James Annesley was the son of Arthur late
lord Altliaqa by his wifh Marv lady Aliham ;
that she is well assured and bellevest that exa-
minations were laid before the grand jury at
last commission of Oyer and Terminer for the
county of Dublin, for perjury, alleged to be
committed by de|)oneot on said trial ; and that a
bill of indictment was found on said exami-
nations agaiiist deponent tbe 94th ilay of Oc-
tober last, and not before, as she is informed
and verily believes. Saith, ahe is inforroed
and believes) the points in said iomctmentg
and on which deponent is indicted, are relative
to said -lady AUpi^m's having a child by said
lord Althamj and in some measure the same as
that tried in the Excbequi-r as aforesaid. Baith,
sne i^ informed and Relieves, that a suit wa9 in-
stituted in tbe Chanc.ery of England by said
James Annesley for recovery of the. English
estate, whereof said Arthur earl of Anglesea
died seized, or part thereof; and has been in-
armed and believes, said James has also filed a
bill in the chancery of Ireland for recovery of
the said Irish estafCi whereof the said Arthur
B

17 GEORGE II.

Trial o/Mary Heath,

died seized, or part thereof; and saith, that a
commission is now speeding^ at Weicford in said
Eogiish cause, and that the same was opened
before said indictment was fonnd ; and depo-
nent was examined on behalf of the said earl
upon said commission, and the examination of
aaid commission is still y:oilig on, as depo-
nent believes. Saith, she is informed and verily
believes, that the title of the several estates is
the same, and that the point to he determined as
to said estates between said James Annesley
and said earl of Anglesea, and the other parties
interested is, whether said James is the son of
said late lord Altham by his said lady. Saith,
she is advised and believes, the same evidence,
in a jc^reat measure, will be necessary for depo-
nent's defence on the trial of said indictment,
and in the defence of said suits, and therefore
deponent believes (beins^ so advised) that pre-
paring for deponent^s defence on said indict-
ment, will take a considerable time, there being
many witnesses necessary for deponent's de-
fence, living in different parts of tnis kingdom
as well as m England. Saith, there are se-
▼eral petsons," whose place of residence is in
liOttdon and other places in England, and who
are now there, as she verily believes, who are
material vritneases fbr deponent's defence on
said indictment, and without whose testimonv
deponent cannot with safety stand her trials
and whom deponent could not possibly get
from England since said bill of indictraent was
found ; and in particular, Mrs. Mary Judd of
the county of Esses^t u>d Mrs. Sarah Bonner
of London, Mrs. Sarah Heath of London, and
Thomas Rolph of Marybone in England, and
several other persons who reside in England,
are very material witnesses for deponent upon
ber said trial, and whom deponent could not
possibly get over to attend this term, and whom
deponent believes and doubts not but she can
get to, attend the next term. That there are
several persons in the counties of Cork, Wex-
ford, and Gal way, who are very material wit-
nesses for deponent; several of whom are
^yrote to, but they cannot, as deponent is in-
fortned and helices, attend this present term,
fiaithy that Sarah Weedon, widow of John
Weedon, who was coachman to lord Altham

iat the time when the said James Annesley al-
eges he was bom), and lived at that time near
Dunbaaine-house (where said James Annesley
alleges be was born) and was frequently at
Dunmaiue -bouse, now lives at colonel John
Blakeney's at Abbort in the county of Gal way,
'which, as deponent is informed and brieves, is
seventy miles from Dublin, and is a most ma**
terial witness for deponent; and deponent
liaving caused application to be made to the
aaid &urah, is informed and believes, she is so
irttirm, that she cannot travel without a car-
riage, and therefore is not come up to Dublin,
though d^>onent baa good reason to believe,
and Soubts not but she will be ablis to get her to
attend the next term. Saith, she is credibly
informed and verily believes, that James An*
ntakj aad thost conoegM ibr him (who de-

ponent believes are the persons that carry on
the prosecution againjst deponent), are so sen-
sible that the said Sarah is a material witness
for deponent, that they, or some of them, have
lately, by bribes and otherwise, attempted to
seduce and carry off the said Sarah from said
colonel Blakeney's, and had a horse and pillion
for that purpose at Abbort, but were discovered
and prevented by said colonel Blakeney's
means. That Anthony Dyer, now of Cork,
was gentleman to the said lord Altham when
he dwelt at Dunmaine aforesaid, and is a verr
material witness for deponent upon said trials
who deponent cannot get to attend this term,
but believes she will be able to get him to at-
tend next term. Saith, thai from the number
of witnesses, material for her to produce on said
trial, and the different parts of this kingdom
and Great-Britain, where they reside, it wHl
not be possible for deponent to get them to at-
tend this term, nor can deponent be in any sort
prepared to defend herself in a proper maoneri
unless reasonable time be given her ; and is sa-
tisfied in her conscience, it is not, nor was it in
her power, or in the power of any other persoo,
to get the several witnesses, material for her
defence, to attend this term ; but believes and
doubts not but she will be able to get them t^
attend the next term."

In order to oppose this motion, the following
affidavit was sworn the 13th of November^
1744. ^.

« The Kino agaimt Mart HxAra.

<< Daniel Mac Kercher^ esq. came this day
before me and made oath, that the traverser,
Mary Heath, was, as he believes, apprehended
in August last upon a warrant, granted against
her for wilful and corrupt perjury ; and saith.
That in expectation of said Heath's trial com-
ing on at the last sitting of the court of Oyer
and Terminer held for the county of Dublin,
on the 24th of October last, deponent sent to
England and to several counties of this king-
dom for several witnesses, to be produced and
examined against said Heath ; and saith, a
great many of said witnesses came to Dublin
from England, and several remote counties of
Ireland, to be examined on behalf of his majes-
ty on said trial ; but the indictment being re*
moved by writ of Certiorari to the Coml Af
ILing's-liench, deponent sent many of said
witnesses, who live in this kingdom, out of
town ; and such other of said witnesses as are
old and infirm, and live in remote parts, and
also the witnesses, who came firom England,
deponent hath kept in Dublin at considerable
expences. Saith, he was at very considerable
expenees in bringing said witnesses to Dublin,
in expeetaiion that said Heath's trial nmrnld
have come on at said sitting of the said com-
mission. I%uth, that the trial of said Heath
being appointed to come on, on Wednesday
the 14th of l^ovember instant, deponent bath,
since the said day for trial was appointed, sent
to several counties of this kingdom for several
of said witnesses that were before in Dublin^ tQ

Jhir Perjury.

OB bdbalf of bis majei^ against
4 Heath upon said trial ; and saitb, some of
' witnesKs, who are matarial to be examined
said trial against her, ba?e a call to England
a business of great iaiportance ; and others,
bo sane ▼cry material e? idences against ber»
t rery old and infirm ; so I bat deponent
tb, if the tml of said Heatb should be put
from tbis term-to next it will pot the prose-
to very considerable expences and bard-
ips ; aad not only so, but it will be highly in-
iveoieot to, and almost impossible for several
I (who areobliged as soon as Ibey
to go lor England) to attend in tbis king-
I next Hillary term, without neglecting af-
Airs of the greatest consequence ; and several
other very material witnesses, who are old and
infirm, may die, or become so weak and infirm
as not to be able to attend next term. Saitb,
that the application on behalf of said Heath to
pot off her trial to next term is intended,^ de-
ponent verily believes, not only lo put the pro-
secutors to great expence, but also for other
ends and purposes, and to avoid or postpone, as
msch as she can, her being tried, says, if said
Heath's trial should be put off to the next term,
I f be will not, nor can she be so effectually pro-
I secaitcd as she would now be, in rqpurd that se»
f Terai material witnesses against her will be
I under a neoessitv of being next term in Eng-
1 land, and said Heath may, for want of the evi-
I denee of such witnesses, be acquitted. Where*
I 9S, if nocb witnesses could and did attend to
giire ovidence against her, she would be found

SniltY of perjury, as deponent verily believes.
od believes said Heatb bad time sufficient to
jprconre for and have any witnesses material
tor her. Saitb, he is credibly informed and
believes, said Heath, or any one for her, did
not, since she was apprehended for said per-
jury, issue any summons or subpoenas for any
witoesKs to come to attend and give evidence
on her trial ; nor has she, or ai^ other person
on her behalf, as deponent believes, since she
was taken for said perjury, used any means to
have aojr witnesses ready to appear for her, in
expectation and upon an assurance given her,
as deponent Is informed and believes, by some
of her managers, that said trial would be pot
off. Doth not know or believe that Mary
Judd, Sarah Bonner, and Sarah Heath, men-
tioned in the affidavit of said Mary Heath, or
any of them, were examined on the trial iu
ejectment, had in the Exchequer last Michael-
mas term between the lessee of James Annes-
ley and the earl of Anglesea. . Saitli, he doth
not know or believe that Sarah VVeedon, men-
tioned in said Heath's affidavit, is a material
witnemforlwri but, on the contrary, is in-
formed, said Sitath is a material witness against
her. Saitb, deponent being informed said
Sarah Weedon was a material witness sgainst
said If ary^ be, for that reason, and for no other
ends, seotEdward Weedon, son of said Sarah, to
the ooanty of Galway, to colonel John j^ake-
ney'Sy wMro deponent was informed said Sarah
was, JBOvdir to bring her to Dublin, to give

A. D. 1144.

ef idenoe agamst said Mary ; and said Edward,
on his return, informed deponent, she was by
foroe detained in the house of the said Blake-
ney, and that (though she declared her wil-
lingness lo give her testimony) said Bbikeney
would not permit her to go, but forcibly kept
her in bis noose, notwithstanding her endea-
vours to come away. Whereupon, deponent
caused a Subposna to issue, requiring said Sarah
to attend to give evidence on the trial of said
Mary, wbicb deponent sent to be served oo
said Sarah, to oblie her to attend, pursuant to
such Subpoena. Saith, deponent intended, be-
fore he sent said Subpoena to be served on said
Sarah, to apply to this court for a writ of Ha*
beas Corpus for her, she being confined and de*
tained by foroe in the house of said Blakeney,
as deponent was informed ; and accordingly,
said Edward and John Weedon, another son of
said Sarah's, made severally an affidavit, as
deponent believes, on the 8th of November in-
stant, in order to ground a motion thereon for
a writ of Habeas Corpus for said Sarah;
which motion deponent would have made, but
deponent afterwards thonght it more proper to
try w hether by service of a subpcena, said Sarah
would be permitted to come to Dublin, to give
evidence on the trial, deponent lielieving, said
Blakeney wonld not oppose an obedience to
said Subpoena. Saith, the pcfson sent by de-
ponent to serve said Subpoena is not yet return-
ed, that deponent knows or believes. Denies,
be, or said James Annesley, or any other con-
cerned for him, or who carry on the prosecu-
tion against said Mary Heath, to deponent's
knowledge or belief, have lately, or at any
time, by oribes, or otherwise, attempted to se-
duce or carry off said Sarah from said Blake-
ney's to prevent her firom being examined on
the trial of said Mary, as is untruly insinuated
by the affidavit of said Heatb ; nor doth depo-
nent know or believe, nor does sakl James An-
nesley, or any other person concerned for Jifm,
as deponent believes, know or believe, said
Sarah is a material witness for said Heath upon
her jtrial. Verily believes, said Sarah is de-
tained in the bouse of said Blakeney, merely
because she is a material witness against ssid
Mary, and to prevent her from bein^ produced
as a witness ; and deponent is convinced, said
Mary could, if she pleased, have had said Sarah
Weedon to attend on the 14th instant upon ber
trial, Saith, deponent's intention to send for
and bring said Sarah to Dublin, was to give evi-
dence against said Mary, and not to prevent her
giving evidence, as is falsely insinuated by said
.Mary's affidavit ; and denies he, by himself, or
any other, attempted to bribe said Sarah ; nor
did deponent since he embarked in the affiurs
of the said James, attempt to bribe, or by anjr
unfiiir or unlawful means, to seduce or prevail
upon any person to give evidence in behalf of
said James ; nor doth deponent know or be-
lieve, that any attempts of bribery or other un-
lawful or unfair means were made use of (by
said James Anneslev or any person concernra
for him) to give eviqeDce for bim in the suit bo*

«]

a? GBOSGE IL

Trial o^Umnf Heath,

t«

t"«

him and mid emr\ of AagfotM, or to tli At
' Of* j|»reTeBt tbe evidence of ooy perion wlio
eoiild giro evidenco lor nid eorl or for teid
Heath ; but, on tbe coiitmty, deponent both all
' oiooffr, since be enfofrod in the affura of aaid
James AnDOsIey, carried on tbe aamo with all
lof^l sod fair wsays and oethods, and deponent
is deterniioed ao to do in tbe conduct of aaid
J^mes'a affiiirs- BcHeTea, and is eonmoed
by very ^safficienl proofs, that deponent has
kad of the same, that many unfair and illeg^
ondeavoors and attempts have been made uae
of by peraeas-eenoeriKd for said earl and said
Mary Heathy not only to bribe and corrupt wit-
Besses, hot alto, by Ycry un^ir and illegal
meaas^to inlkntdatBatid'aedoee several perssos
lirom giving testimony on belialfef said James,
and to have said Mary acquitted of the peijory
' of which she u indieled."

On the IStb of November the matter was
debated by counsel, and tbe Court were of opi-
nion tbe trial ought to be put off. And after-,
vi^rds, by consent of all parties, the day of
trial was appointed to be Monday the fourth
day of February, 1745.

On the ttOth of November, 1744, tbe counsel
§K the prosecutors BMvod the court ^ an
attachment against colonel Jolw Blakeney, for
his contempt of the Court, in net permttting
Sarah Weedon to attend the Court on tbe 14th
day of November, in obodience to a fSubp«na,
with which she was servM ; aod gromided tlus
motion on the following affidavits.

*^ Thos. Carter, esq. Attorney and Coroner of
the Lord tbe King agaimt Mart Heath.

^* Jme9 JlffigraeA,af thedty of Dabliii,joa«e
this day hefbre me and made oath, that on the
• 15th day of this instant November, this deponent
accompanied Andrew Ross, of Marf*^owii
in the county of Roscommon, gentleman, to
Abbort intbeconnty of Galway, where John
Blakeney, esq. fives, the said Andrew fioss
being employed to serve Sarah Weedon with
a subpcsna, commanding her to attend in his
majesty's Court of KingVhench on the 14th'
day of this instant Novmber, to give evidence
in thia cause. . Aod this deponent saiHi, nat
the said Andrew Reas did, aa this deponent
bslieves, on the 18th day of November serve
tbe said Sarah Weedon with the said sub-
pmna; and this deoooent having stood at a
litile dHftanoe from tlie said John Blakeney 's
boose, to wait for the said Andrew Ross,
the said Aodrew Roes in some short time
after he went into the said house^ returned
to deponent, and desir^ this de|MMieiit to-g0t'
off as ftMt as he could ; and that when me
said Andrew Ross turned the corner of 'tfie
avenue he would change horses with doponeot.'
That deponent thereupon betieviufr tho vahl
Johu Blah^niey intended to have thw dmnent
^ very ill treated for ooming wMh the sm Au-
" drew Ross to ha?o the oaid Sarah Weedon
served with the said subpmna, this depoqent
Ibercfore rode ^y aad at aosie diituicamm

the said house eichanged horses with llie said
Andrew Ross, and, in some time, deponent
looked behind, perceived several persons on
hotoebaek pursuing, as this deponent appre-
hended, the said Andrew Ross and this depo-
nent ; and therefore this deponent rode forward
as fsst as his horse could carry him, and by
that means deponent escaped ^ny insult or
danger intended htm ; and this deponent verily
believes the said persons were sent in pursuit
of this deponent and tbe said Andrew Ross
by the said John Blakeney, wi^ intent to
treat them very ill, and to prevent their carry-
ing the said Sarah Weedon to Dublin, to give
endeoce against the said Mary Heath, as this
deponent verily believes.'*

^* Thomas Carter, esq. Attorney and Coroner of
the Lord the King, agairut Mart Heath.

*' Whereas there issued fbrth of his majesty's
Court of Knig*s-bench in Ireland, and under
the seal thereof, his majesty's writ of suhpcena
in this' cause, bearing date the Bth day or No-
vember instant, directed to Sarah Weedon,
commanding her to be in the said Court of
Kiug's-ben^ on Wednesday the 14tb day of
November instant, to testify the truth concern-
ing a certain trial between Thomas Carter,
esq. attorney and coroner of tbe lord the king,
and Mary Heath: now, Andrew Ross, of
Mary's-town, in the county of Roscommon,
gentleman, came this day 1>efore me and made
oath, that on the 13th day of this instant No-
vember, in the forenoon oT said day, this de-
ponent personally served the said Sarah Weedon
with the said subpmua, by delivering unto her,
at the house of John Blakeney, esq. at Ahbort,
in the county of Galway, a true copy of , the
said snbpmna, and at the same time ^ave the
said Sarah Wee<lan a Bntiab shilling m silver,
and shewed her the -said oHginal subpcana
under seal as aforesaid; and this deponent
saith. That before this de|>onent served the said
Sarah Weedon as aforesaid, this deponent, as
he was going towards the house of the said
John Biwceney, met the said Jolfn Bhdceney,
with a gun in his hand, coming towards depo-
nent 5 and deponent told the said John BloKe-
ney, that deponent had a message to deliver,
which deponent said he did not think proper to
deliver until deponent had acouaiuted the said
J(^o Bhdceney therewith ; and upon the said
John Blakeney's asking what it was, deponent
told him, that deponent had a subpmna to serve
upon Sarsh Weedon t c^d deponent havihg
shewn and produced to tfaesatd John Bjakeney
a eopy of th^ said suhpmna, the said John
Bkkensgrbavjngfdketi'aiid-'Teaidit, said, the
said Sarah WecSlon could not fa| there (mean-
ing, as deponent heUeves, in tW said Court of
Ktog's^heiich) in that time; upon which de-
pouM said, he had so provided for hinr, that
-deponent would engage she lAsonld be there
the nM day in time: whereupon, the -said
Blakeney aweariu^, said, he would take care
the said Sarrii Weedon ehodld not he then
the next day. That depomttttherenpoii beggeA

Jhr Perjury.

A. D. 1744s

[10

he mifiil Me tb€ saM Sarail Weedoo; to
whicb the taid John Blakeney in answer, said,
with aa eailt, that deponent inifrht see her, but
that he, this deponent, should not take her
away ; bat this oeponent saith, that he, this
deponenty went into the said John Blakeney's
boose, and there serred the said Sarah Weedon
with the said sufopesna, as aforesaid. And upon
this deponent's serring the^iid Sarah Weedoo,
aa amcsaid, she said she tbong^ht she was to
have been sent for a-Thnrsdsy ; upon which,
deponent said, she, the said Saran Weedon,
mijrht then come, for it would be tine enoni|^h,
and that deponent woald take her very safe
to DnUih. That thereupon, the said John
Blakeney, who was present at the said service
and discourse between the said Sarah Weedon
and dfoponent, said, That she the said Sarah
Weedon shonki go, and that he wonM take
eare to send her in a proper tiine. And this
deponent saith, that the said John Blakeney
haring behaved and expressed himself in a
▼ery angry manner, and being greatly dis-
pleased, as this deponent understood by him,
and aa tbss deponent verily believes, that depo-
nent had come on the aforesaid errand to serve
the said aobporaa; and the said John Blake*
ney having declared, wKh protestations and
oAi'hs, that he would send James Magrath to
Galivay gaol, and that he would let the said
Magmtb know, that thf*re were courts in the
ooQotry as well as in Dublin ; the said John
Biakeney havirgseen the said James Magrath
with deponent, when deponent first met the
said John Blakeney, a% aforesaid ; this depo-
nent was greatly afiHgfated ; and finding it to
no purpose to expect to bring the said Sarah
Weedon to Dnbiio, to give evidence in pursu-
ance of the said subpeena, by means of the ob-
struction and opposition of the said John
Blakeney, though this deponent verily believes,
were it in>t for such opposition of the said John
Blakeney, that the said Sarah Weedon would
readily have come with this deponent in obe-
dience to the said sobpcena ; this deponent
therefiire want away. And when ieponent
came up to the said James Magrath, who
waited for deponent at a little dbtance from
the said John Blakeney's hoo8e» this deponent
apprehending from the dechirations and threats
of the said John Blakeney towards the said
James Magrath, that it would be most prudent
and aafe fin* the said James Magrath lo get off
as ftst as h^ could, this deponent therefore de-
sired the said James Magrath to make the best
of his way ; and that when deponent turned
the comer of the avenue, deponent would
change horses with the said James Magrath,
deponeot believiog tbe horse that deponent
rode to be better than that rode by the said
Magrath ; and accordingly the said John
Magrath and deponent rodle off, and deponent
changed horses with the said Magrath when
they got some distance from the said John
Blakeney's house. And deponent saith, that
when tbe said Magrath and oeponent had gone
ibrwani for aooie time, thia deponent, lotting

behind him, perceifed several perMWi on horse-
back porsohig, as this deponent apprehended,
the said James Magrath and this deponent,
which gave this depboeot the greater reason to
fear some danger, and thereupon deponent
pyshed forward as fast as bis horse could carry
nim, and by that means esca|»ed any danger
or insult that might be intended by the said
persons, who, deponent verily believes, were
sent in pursuit of this deponent, or of the sakl
James Magrath, by the said John Blakeney,
And this tieponent saith, that by the aforesaid
means of said John Blakeney, this deponent
could not carry tbe said Sarah Weedon to
Dublin, to give evidence in pursuance of the
said subpcens; apd this dp[Mment verily be-
lieves, the aforesaid opposition and behaviour
of the said John Blakeney was merely to pre*
rent the said Sarah Weedon's coming to
Dublin to give evidence against the said Mary
Heath.''

Bnt the Court tnade no rale.

On the 21st day of November, 1744, the
counsel for tbe nroseoolors moved the Court
for a writ of Habeii Corpus to be directed to
oolonel John Blakeney, requiring him to have
tbe body of Sarah Weedon before the Oburt ;
and grounded this motion on the following
affidavits : sworn the 8ih of November*

*' The Kufo agaimt John Blakbhet, esq.

" John Weedon, of tbe citv of Dublin, came
tliis day before me and made oath, that Sarah
Weedon, this deponent's mother, is now de-
tained against her will, and without any legal
process at law or wanrant against ber, at the
bouse of John Blakeney, esq. at Abbort, in tlin
county of Oalway. And tbia deponent saith,
that on TViesday tbe 30th day of October iast,
this deponent was at the said house of tbe said
John Blakeney, with deponent's said naotbert
in order to carry her away from the said John
Blakeney, hot thia deponent could not. And
this deponeot farther deposeth, that in the
evening of the said 30th day of October, this
deponeot went with his hrotiier, Edward
Weedon* to the said bouse of tbe ssid J oho
Blakeney, in order, if they possibly could, to
carry their said mother away ; but the gates of
tbe said John Blakeney's yard, and the doera
of bis house having been shat and locked, tbia
deponent and bts said brother knocked at tha
gate, and the said Sarah Weedon looking out
of a window up one pair of stairs in the said
house, desireo tbisdejionent and his said bro-
ther to go off as fast as they could, for that
tbe doors were locked upon her, and she could
not get out ; and that ir this deponent and hit
said brother did not immediately go away, they
would be knocked on tbe bead. Whereupon
this deponent and his said brother went away,
being afrddof danger if they stayed any longer i
and this deponent verily befieves, tlie said
John Blakeney will, for some unlawfal ends
and purposes, oondnoe to detain the sud
Sarah Weedon aganiat her will, and by force

17 GEORGE n.

Trial of Mary Heath,

[1«

mad daresi, and viUhool any aathority for so
doingJ*

" The King against Jobn Blakenet, esq.

" Edw. Weedon, of the Gravelly-hill, in the
coanty of Carlow, came this day biefore me and
made oath, that Sarah Weedon, this depooenl'g
viother, is now detained against her will, and
without any legal process at law or warrant
against her, at the hoose o^ Jobn Blakeney,
esq. at Abbort, near Castle^Blakeney, in the
county of Galway. And this deponent further
deposeth, that in the evening of the 30th day
of October last, Uiis deponent went with his
brother, Jobn Weedon, to the house of the said
John Blakeney , in order, if they possibly could,
to carry their said mother away ; but the
gates of tbe said Jobn Blakeney's yard, and
the doors of his house having been shut and
locked, this deponent and bis said brother
knocked at tbe gate; and the said Sarah
Weedon looking out of the window up one
pair of stairs in the said house, desired this de-
ponent and his said brother to go off as fast
as they could, for that the doors were kicked
upon her, and she could net get out ; and that
if this deponent and his said brother did not
immediateiv go away, they would be knocked
on tbe head. Whereupon, thb deponent and
his said brother went away, being afraid of
danger if they stayed any longer. And this
deponent verily believes, tbe said John Blake-
ney will, for some unlawful ends and purposes,
continue to detain the said Sarah Weedon
a^inst her will, and by force and duress, and
without any authority tor so doing."

Mr. Thomoi Blakeney, attorney, informed
the Court, That to his knowledge the material
fiicts mentioned in tbe foregoing affidavits were
false; and offered that cotonel Blakeney
should answer those affidavits, if those con-
cerned for the prosecutors would agree he
should do so at peril of costs, and would under-
take to pay the costs. This offer Mr. Mac
Kercber, then present in ccfUrt, declined. Mr.
Blakeney then desired, that Edward and John
Weedon, who made the affidavits, should be
ordereil to attend, and undertook to falsify
their affidavits, by affidavits. And accordingly,
the Court put off the motion till next day, and
ordered tbe said Edward and John Weedon to
attend then, and Mr. Blakeney to make affi-
davit in the mean tune.

On the twenty-second day of November
1744, the above affidavits of John and Edward
Weedon were read ; and the following affida-
vits of Mr. Thomas Blakeney and Edward
Kilkelly were produced and read.

** The Kino against John Blakeney, esq.

<* Thomas Blakeney 9 tfeaU maketh oath, that
be very well knows John Blakeney of Abbort,
in the county of Galway, ew;^. that he is this
deponent's near relation, and lives within two
mues of this deponent's place of residence in
ooonty, and that he, his ftmily, andjtbis

deponent's wif«. and family frequently visit
each other. Deposeth, That on the day but
one afler a verdict was given ,in the Court of
Exchequer on a trial, which was had between
the lessee of James Aonesley, esq. and the earf
of Anglesea, this deponent received a letter
from this deponents wife, wherein she men-
lioned that old Mrs. Weedon, who then lived
at Abbort, said, That she lived for many
vears with lord and bidy 'Altham, and that said
lady never bad a child while in Ireland ;
but that one Joggy Landy had a child called
James Annesley, and that lord Altham was
supposed or deemed to be bis father, or to
that purpose ; which letter deponent shewed
to several gentlemen, and was tbe fir&t ac-
count deponent ever bad of said Mrs. Weedon's
knowing any thing of that matter, or of her
living in said lord Altham's family. Deposeth,
that some time about last Christmas holidays
this deponent was at Abbort aforesaid, and
there saw the said Mrs. Weedon, and asked
her, whether she lived with lord and lady
Altham, and if said lady ever had a son ? And
Mrs. Weedon declared that said lady never had
any child whatsoever since her coming into
Ireland, to the time that she and lord Altham
had separated. That deponent asked said Mrs.
Weedon if she knew Jemmy Annesley, or
whose son he was ; that said Mrs. Weedon
said she did know Jemmy Annesley, and that
he was the son of Juggy Landy, and not of
lady Altham ; wherefore deponent always did
and does believe, that said Mrs. Weedon is a
material evidence for the earl of Anglesea,
and not for the said James Annesley. Depo-
nent further deposeth. That the said Mrs.
Weedon has been for several years past ser-
vant to the said John Blakeney, and lived
with him at Abbort aforesaid ; and deposeth,
That on Saturday the third day of November
instant, this deponent called upon the said
Jobn Blakeoey at Abbort, in this deponent's
way to Dublin, and there saw the said Mrs.
Weedon, and deposeth, Tb^t she was so far
from bei|y conflfned, or under any manner of
restraint, that she was at full liberty; that
the doors of tbe house were open, and that she
might have gone in or out, or to any place
she thought proper. And deposeth. That de-
ponent was at tbe same time informed by the
said John Blakeney and his lady, which he
believes to be true, that at 12 o'clock at night
the Tuesday before, some people came about
his house, and that they had uken or stolen
away his servant John Weedon, and that he
also beliexed, they also intended to take away
the said Mrs. Weedon; for that he was in-
formed they had a horse with a pillion, and
titat said John Weedon rode or travelled on the
said pillion. Deposeth, That this deponent
met said Mts. Weedon in the common hall of
said house at Abbort on the Saturday aforesaid ;
and that she begtfed of this deponent to en-
quire for her son Jonny, as she called him, as
soon as deponent should arrive in Dublin,
and to send him home, for that she was very

13}

fur Perjury*

A. D. 1744,

[14

•are ke vroold retuni to his service, if be got
but ooce tuber, but that she very much feared
tfaey vrouhl keep him always drunk; and
aeemed fi^reatly troubled at bis h&ng taken
airay. That deponent promised to enquire
for him, tbe said John, and tP tell him what
she desired. Deposetb, That on Thursday,
thecfg-hth day of November instant, the said
Joho Vf eedon, together with deponent's ser-
Tant, called upon this deponent at a house,
where deponent was at dinner in Dublin ;
that deponent told said John Weedon, he was
sorry he had quitted his service without his
master's leave, and also told him what his
mother said to this deponent as aforesaid, and
that she expected be would go back. Where*
"u^oD the said John said, he never would, for
that be was to be much better provided for.
And deponent having asked him by whomP
he, the said Weedon, said, it was by the
youai^ earl of Aoglesea. VV hereupon depo-
nent amiled and said, he was not Earl as yet.
That said Jobn thereupon said, that whether
be was to be earl, or not, he would provide for
him, and, at the same time, wished that his
mother would come up, for that, if she did,
she would be much happier, and have much
easier bread than she had where she lived.
Deposetb, That he vei^ well knows that the
said Jobn Weedon has been for several years
p«st servant to the said John Blakeney, and
Jived with him in bis bouse at Abbort afore-
said, until be quitted him in the night of the
thirtieth of October last ; and deponent verily
belieTes, the said Mrs. Weedon never was, nor
is she DOW, as this deponent verily believes,
under any manner ot restramt, or in any
BOfrt confined by the said John BUkeney, or
any other person ; but verily believes, she is
at full liberty to go where she thinks proper.
And saith, be knows that the said Mrs. Wec»on
has been applied to, on behalf of the earl of
Aoglesea, to attend at Wexford, there to be
examined as a witness on his lordship's behalf,
on a commission, which deponent believes, is,
and has been speeding there for some time, in
a cause dependioff in the High Court of Chan-
cery in Eoglaodi wherein the said James
Annealey is plaintiff, and the said earl of Angle-
tea ia defendant." *

«< The Knuo againtt John Blakbnet, esq.

** Edward Kilkelly^ of Liss, in the county of
Galway, cooper, came this day before me and
made oath, That on Friday sevenoight this
deponent was at the defendant's house at Ab-
bort, in the county of Galway. And this de-
Dooent saith. That as he was going to the said
house be saw Mrs. Karah Weedon, who is,
and for a considerable time bath been, ser-
vant to the defendant, and whom deponent
knows very well, without the gates of the
said defeodaoCs yard, as if she was returning
from the place where the cows were roilkinff,
and had, as deponent apprehended and beUev^,
some milk in her hands carrying into the
house. And this deponent taitb, she the said

Sarah Weedon was alone, and not in any sort
of restraint or confinement; and deponent
afterwards, on the same day, saw the said
Sarah Weedon going about her business ia
the said boose, and m no restraint or con*
finement; and deponent conversed with tho
said Sarah at that time about several matters,
and she did not mention any sort of restraint
or confinement, but told deponent her son John
Weedon was ^ne away, -and seemed much
concerned at it. And this deponent is very
sore tfa^said Sarah is not, nor was not at any
time put into any sort of restraint or duress
by the defendant."
Court, Call Jobn Weedon. ^

John Weedon,

Mr. Harvard offers to speak.

Court, We have nothing to do with the birth
of James Anneslev ; here is aflEidavit against
affidavit, we most near which of these affida*
vits is true. We are imposed on by one affi*
davit or other ; the honour of the Court is con-
cerned, and therefore, before we do any thing,
we will hear what John Weedon has to say.

Mr. Harward. With humble submission, I
conceive the hearing of us afWr this person is
examined is not a proper time ; this is now my
time to offer what I have to say ; 1 shall have
no occasion to speak after the examination ia
ended, and therefore beg leave to aay a few
words now, which are, that if this person is to
be examined, 1 do apprehend it must be on the
foot of some supposed transgresston that he
hath committed.

Court, No, Sir, it is to discover the truth.
We will have no concealing of the truth in this
court. Swear him.

Mr. Harward, 1 do not oppose your lord-
ship's right to examine this witness ; but— -^

Court, Read the afiidavit to him.

3ohn Weedon sworn.

Court, You are now to dedara the troth,
and nothing but the truth, and you are now
likewise to declare the whole troth. Yon are
not obliged to say any thing to crimhMle your<«
self.

Q. Is your name John Weedoo f*— J. Wee*
don. Yes, my lord.

Are you the son of Sarah Weedon ?— Yes, 1
am, my lord.

Did von live with colonel John Blakeney ?
— I did live with him.

Is Sarah Weedon yonr mother P— ^e is.

When did you see her last ? — 1 saw her the
30th of Octolier m the house of my mailer.

Have you a discharge/? — I have not.

When did you leave your master? — I left
him the next day, the 31st of October.

Why did you leave him ? — 1 was afraid to
appear to him, becaoae that J was with my
brother.

What reason had you to fear appeariuff be-
fore him ?^For fear he should use me ill.

Did he ever use you ill? — He never did.

How came yon then to be^afraid? Who

DBfnii
body I

15J 17 6B0BGB IL

aM yoa to le«f« fo«r ouster f-^Moi^

dy at ftH. I c«ine»iMrjr oa mj^ ova accord.

Jiid you doairo yoor isotbor to leof« him
befofe you cmim away ?— I did. .

Aod what did tho ny to yo«?-^-^fto Said Am
oottldnol*

. For what veason did theaay aha ooaid not?
-—I could aot flad out tho roaaoo.

Did aho toH yoa aba dunt iiot?«-4She aaid,
that aheooold oot * . *

Did she toll you that her naaoior kept hor
thora agaiaot bar will ?^J9ke did not tall lae ao^

What timo of tlie ovoDiag wa»il^|faal yoa'
wont to colonel Blakeney 's tho firat tioiie ?-^H
was between 8e?en and ei^bt o'eloolL «

Was your brother with yon ? — My bnttber
oame alonnf with ine.

What time did your mother s|ioah to yoa dnt
of fho window ?— About half an hour afler
aight.

What tiaiO 'iid you .joooao away?-<-^I oama
away by day-lighl'i^t

What! the naExi:iDoroing?-«-Tbe next mom-
iofr. V

What timef fV^aa the family vp?— They
were up, my lord:

Did you lio in the houae f-^l did not Ke in
nv maaier'a houaa, becanee I could not^etia.

Where did you meet your brother ?^-«l waa
aeot from home to — ^— rora bound of my maa*
ter*a. 1 weot and ^t the hotmd, and oame to
lake a mug^ of ale at Glentaae, and there I met
my brother; and my brother said, I am oome
for my mother ; and f said, I would get her
out m the houae ; and we went together, and
when we came there, we found the doora and
the gate looked, and she came to tho window,
and said, that she could not go out : with that
1 waa afraid of my > master, and a boy came
nioniog out and said, my master was coming
with a whip, and i made off as faat as 1 could.

What time was this? — ^It was about eight
o^clock.

Did yao find the gale fiutened P-^I did, my
lord.

' What did Tonr mother say to you ?-^he
said aho coold not go with us : and, says she,
Go away about your business, or you will be
knocked oa the bend.

Waa your brother there?— He was*.

Waa lie a aorvaat there f— No, but came to
ioe whether my mother was ali?e or not<

Was .your mother aser? ant theref — She was
aanrant two y eara last Michaelmas.
/ Was aha a aenrant aft ^ia timer— 4Sho was
atthattiaM.

She aaii that aha ooold not go?*-Sbe did,
my lord.

"For what raaaonf*-! canaot tell.

Did she aay, that she wonkl not go P— She
M Mt aay that ahrwauM not go.

. Did you and yoarbroHwr dcmre Mr. Blake-
ney to let her goP — No, I fAs afraid to go to
him.

Did your brother ^-«My broUMr did aot.

Whera waa it thai you proposed lo oairy
hvP-^Tia Balljaarios^ iMna Qalkkf's.

Trial o/Mar^ Heath,

[16

Where farther ?— We proposed to bring her
to DnbUn.

Wheief— To Mr. Annc8ley*8.

Are yon io Mr. Annesley's senrice?-— 1. ant
not

Are you in any body's seryiee?— 1> am in
nobady^a senrice.

Qtmrt, Hear your affidayit read.

Clerk of the Crown reads the affidaTit.

Ccuri, Doea he write hia name ? *

Cletk^ No.

CduvU Did your mother ever tell you^ihaft
la Would obme away P^MJ-Sbo did not.
i'l^hy -did- yon ilric- her to come away in the'
d%bt ^-^Beoause my brother came fbr her.
,li Did she ever tell you and your brother that
I she waa compelled to stay where she was?— «
She did not tell ns that she was compelled to
stay.

Do you understand your affidaritP How
came you to swear in your affidant that she
waa Mained against her will ; atirl now you
aayshe was not? What religion are you of ?-^
A Protestant.

How came you to swear that positive affida<*
yttr Did aay body read it to you f — Yes, an
attorney, RoMrt Reynell.

Who is Robert Reynoll f

Mr. As^fon. He is my clerk, my lord, he
road it to him.

Did your mother tell you she waa a pri*
aoner? — No; butshotold me, she was afi-aid
of her life.

Are yoa ame of tint P — ^I am, my lord.

Of whom was she afraidP-^he was afraid
of my loni Aaglesea, that she would be mur-
dered by him.

Was my lord Anglesea ever in that country P
—He never was.

Why should she run from her masterV house
without wages or discharge, because she was
afraid of lord Angles P Is bo a person of such
authority and power over colonel Blakeney's
servants, as to terrify them from their roaster's
service P — I cannot tell that, my lord.

Was sliedisebarged at that bme P — She was
not.

Waa she paid her wmfes P— No.

Did she demand her wages, to oome away P
—She did.

How do ydh know that, were you by?— I
was not, bcrt she told me she could not get her
waflfoa.

Was she afraid of colonel Blakeney's dofaig
her any harm P — ^Sbe was not, my lord.

Why did she apnrehend any harm from my
ka^ Anglesea, dio he send fbr her? — ^Thero
was last spring a man and a chair cameto bring
her to Wexford, ft^om my lord, but she was an
old woman, and wooM not go.

Was she summoned, or did he send fbr her
of himself P— Ho served her with a bit of
paper.

Did he oflbr to foroa her to go P-*He did
not; '

Did yoo ever hear that ookmol ilMeney , or

17]

JorPerjwy.

A. D. 1744>

ri8

aoyteifcfiD Che iMNiMforoed hertoiteyr— I
never did.

More of the Affidavit if read.

Q, What time vrere Mr. Blakeney's outward
doera usiiaHy locked id wiDter-time f — A,
SomediDcs at ei^ht or nine o'clock, and some-
liiBes not at all.

Cemrf . Where it Edward Weedon ?

€}ner. Edwacd Weedoo.

Court, Where does yoor brother lire f — il.
He keeps in town.

Is he in any sendee? — He is not.

Does he (bliow any trade ? — He has no trade
at all.

Did he follow nothio; ?««-He followed a
spade.

Where did yon ([ret that horse that you went
to Mr. Blakeney's on that nigbti the SOth of
October ? — From my brother.

Where did voor brother get htm P— He
hraaght him with him.

From whenee ?— Prom Dublin.

Edward Weedon sworn.

ComW. Are too the son of Sarah Weedoo »
that lives with Mr. Bhikeney ? — Edward Wee-
Am. Yes.

What time in October test did yon go there ?
^The thirtieth.

What time of the day ?-*In the evening.

What time ?— About 7 or 8 o'cbck,.

Were the gates shnt ? — ^They were.

Was it darK ?— f t was dark, my lord.

Did yon see or speak to her that night? — I
did not.

Did any body else ? — My brother did.

What fftd she say ? — She desired him to go
off about bb business, and bring me with him,
or else I'd be knockedK>n the head, my lord.

Did she say sbo could notgo?*-She did,
my lord.

'For what reason ? — Because the doors were
locked.

Did she say she had a mind to go with yon ?
— Noyshe said no more.

Did you or your brother ask her whether
she would go, and what did she say?— She
said DO more thav desired him to go off, and
hrinff me with him, for if we stayed there, I
would be knocked on the bead.

Was she kept as a prisoner ? — As far as I
undentand, she was.

How came yite to understand so ? — Because ^
the (rates were shut.

What timewas this ? — About 7 or 8 o'ckick.

Were the sates open when you came there
first ?— IJ0| they were not. My brother went
up first to bring 'her out, and he told her that I
was there» come from her ; and she was coming
out* and he came first, and he thought she was
Ibllovni^ him.

How do you know this P-rMy brother told

Is illMal Ibr gentlemen to shot tbeir gates
at a%M hi the country ? — It is in the country ;
wff Mttfteeaid she was shut up,

?0b XTIII*

Did she say that she was shut up, or only
that the gates were shut ? — She said as this,
she could not come out, and desired my brother
to go off and take me along with him, for I'd
be knocked on the head.

Did you Lear her speak.' — I heard her
sfeak.

What did you hear her say ? — I heard her
bid my brother go off and bring me with him,
for 1 should be knocked on the liead.

Did she say nothing more ? — She said oo
more, but shut the window.

Court, ilead the first part of his affidavit.

Clerk of the Crown reads it.

Court, How did yoar mother knoV you were
there ? — My brother knocked at the gate.

Did any hody come to the gate ? — Nobody ;
but my mother opened the window.

Was she a servant at that time ? — She was.

When did you see her before that time ? — I
went to her before that by myself,about a month
or five weeks before, and she asked me if I
heard any thing concerning Mr. Annesley and
my lord Anglesea ; I tokl her I did ; and she
said, For your life, do not speak a word, for
you are in the midst of your enemies here.

Did you carry a horse with you the SOth of
October ?*-! did, my tord.

Did your mother say any thing to you more,
the time that you were with her before? — She
said, 1 would be very desirous of seeing M^.
Annesley, if 1 was in Dublin.

Whose horse and pillion was it that you were
famished wkb ? — 1 hired them by the way.

Who sent you to hire them ? — ^1 hired them
by Mr. Annesley's orders.

Who gave those orders to you ? — Mr. An-
nesley himself.

Yoor mother said no more the time yon
went by yourself, but that you were among
your enemies there ?— No more, my lord.

Was she a servant in the house ?*-She wm
a servant-maid in the house, and, as far as I un-
derstand, she was forced.

Who told you she was forced?— The doors
were all locked.

Were they locked when your brother went
there ? — Tliey were open when my brother
came, my brother went in.

Where did you meet yonr brother that even*
ing ? — At a place ealM Glentane.

How long did your brother stay before be
came to you again ?— He came out to roe
again in alMut three quarters of an hour.

How soon after that did yon return? — He
told me that bis master followed him out with
a whip for to kill him.

Din be tell you so ? — He told me so.

Did he venture to go back afterwards ?^~
When he went back the gates were shut, and
he went round to the, backside of the house,
where there was a door, and knocked at it ; my .
mother looked out of the window, and said she
could not go : and, says she, go vour way and
hring^your brother with you, U)r he wiU b^
knocked on the heac},

17 GEORGE II.

TritU of Mary HetOhf

[90

'^.

Did 8be tell you tbal she was confined or im-
prison^ ?— She did not.

Are you or ^our brother in my body's ser-
vice ? — We arc in nobody's service.

Court, llead the affidavit.

Clerk of the Crown reads it.

Court. How long is it since you lived at
Gravelly-bill? — I leA it about two months
ago.

Were you a house- keeper there? — 1 lived
there with a friend of mine.

Can you write ? — No, my lord.

Nor read ?— No.

How came you to make this affidavit?—
Them that examined me, drew it.

Who were they ? — Mr. Goostrey.

Is he here ? — No.

Did you tell him that yonr mother was de-
fined?— I told him as thus, that the doors
were locked, and she said she could not come.

Did you tell him these words that are in
your affidavit ? — I told him no more or less
than what I have given on my oath here.

To John Weedon.

Q. Did your mother tell yon that she was
confined ?— -She did not tell me that she was
oonfinedw

Nor you do not know it ? — ^No, my lord.

To Edward Weedon.
Q. Did your mother tell you she was con-
•41ned ? — She did not tell me she was confined.

The matter was then debated by counsel,
after which the Court delivered their opinion,
as follows :

L. C. J. Marlay, We are of opinion, in the
first place, That no HAeas Corpus can be
granted in this case. A Habeas Corpus for
the liberty of the subject is a writ of right,
and may be applied fur without an affidavit of
the party, and was done in the cases of my lord
Leigh, sir Robert Viner, and sir Robert How- ,
ard. In the Case of sir Robert Viner, an
Habeas Corpus was sued for, to obtain the li-
berty of a woman confined in his house ; the
woman said she was not confined by him, but
chose to stay with him. But this does not
appear to us at all to be the case here, that
there is the least restraint upon Sarah Weedon ;
but on the contrary, that she is at her full li-
berty ; for notwithstanding these affidavits of
these men, it does ap|>ear so. Edward Weedon
of the Gravelly -^ill in the county of Carlow
maketh oath, that Sarah Weedon is now de-
tained (sworn the 8th of November) by col.
John Blakeney at Abbort, near Castle- Blake <
ney in the county of Gal way. John Weedon
of the city of Dublin maketb oath, that Sarah
Weedon is now detained at the house of John
Blakeney, esq. at Abbort in the county of Gal-
way ; ' in terminis tcrminantibus* the same ;
both illiterate persons, and yet both make these
positive affidavits of her being under restraint,
when it appears she was at her full liberty, not
•nly before, but after these a^davits were made.

These affidavits were made by marksmen, and
therefore the Court sent for the person that
drew the affidavits, to know why be drew them
in the manner they appear to us ; for upon
the table, these men have declared that they
do not know, nay, they cannot ;say tbey be-
lieve, that she is restrained of her liberty. Caa
we then, when they have declared that their
affidavits are not true, grant the Habeas Cor-
pus ? By no means. Consider the consequence
of these things t By taking a horse in a re-
plevin, a man may be gnilty of felony, if n
person has amino to knock down everybody
that stands in his way, and procures others to
impose upon the Court by affidavits in order to
prevent all opposition ; in that case the Court
will exert their authority, and punish the per-
sons that imposed upon them. We are of opi-
nion, there is not tfie least colour of granting
the Habeas Corpus ; for, to whom must it bo
directed but to Mr. Blakeney? If Mr. Blake-
ney does not obey the Habeas Corpus, be must
be attached : If he does be must come to Dub-
lin ; and the prosecutor has declined to pay thQ
ekpence of all this.

The next point to be considered is, whether
these men could be attached for fal&ifyinff
their affidavits ? I am amazed to hear it said,
there are no precedents of persons being at-
tached for prevarication and imposing on the
Court : May be not in this case, but in most
great causes, that have been long depending,
such things have happened. Suppose a man
in an affidavit to put off. a trial, should swear,
that such a bond was perfected, and' he ex-
plains himself, when becomes to be examined,
that be heard such a one say so ; is not he
guilty in conscience of perjury, and ought he
not to be punished for prevarication and for tbo
imposition ? 1 can give .instances, where per-
sons have endeavoured by artful affidavits to
extort exorbitant bail, for which they have been
committed by the Court.

Now as to these two persons, they have
sworn in the most express terms in their affi-
davits, every thing wiiich is necessary ^to in-:
duce the Court to grant an Habeas Corpus. I
must own, if there was an inducement to do
this from filial piety, I should be very tender
bow I committed them ; but it is plain they are
not induced by that motive ; what they did,
they did it, that they might be employeil, as
well as others, by Mr. Annesley, not out of fi-
lial piety to free their mother, whom they knew
to be at liberty, nor is there the least appear«
aoce that they had such a motive. Therefore,
as they have endeavoured to impose upon tiie
Court, and injure an innocent person, Mr.
Blakeney, I think they ought (o be committed.

Mr. Just, Ward, The only thing to excuse
them is their ignorance. But as the matter
now stands, it is plain that the person who drew
the affidavits, knew they were false, knew
that these men swore to a iact they did not
know to be true. Really, a man of business
must know the practice in dmwiog affidavits,

21]

for Perjury.

A. D. 1744.

[S3

ttid what tdod of mflMftvilt will serve the end
proposed by them ; bat these men swear far-
ther, and say, that they told him the same
story they did now : If that be true, he drew
these affidavits most falsely ; he led them into
peijaiTt ftod is as guilty as they are, and
ihoold as certainly he ponished, if we had htm ;
tot I find OB inquiry, he is not here ; therefore,
IS we have nobody else to pnnish, we must
pomsh theee men, who ha?e thus prevaricated
tad imposed u^n the Coart.

L. C. J, It is a moat wicked, profligate thing
is an araii, to make an illiterate man swear
aa affidavit he knows to befabe: Whether
tel be Goostrey's case or no I will not say,
keeaase be is not here to clear himself, bat it
looks very like it.

Monday, F^rtiary4.

Motions in behalf of the crown for putting
off the Trial till next term.*

* Sol, Gen, for the crown. My lord, the high

* sheriff has been applied to several times to

* give a copy of the pannel, according to cus-

* torn, to the agent for the prosecutors ; but he
' has not hitherto been able to procure one,

* though the other party has.

^ L,C»J. The sheriff could not give it with-
' oot leave of the Court.

' SoL Oen, The Court is sddom or never ap-
' plied to on that account, the sheriff usually
' gives oo^es of the pannel to the parties,

* without any application to the Court, two or

* three days before the trial ; but supposing an

* application to the Court necessary, why

* should he give it to one party, and refuse it

* to the other?

* Mr. Spring, for the traverser. The gentle-

* foen concerned for the prosecution have served

* Its with notice of a motion to pat off the trial,

* and therefore we hope they will make their

* motion.'

And deanred the notice might be read.

Clerk of the Crown reads the notice as fol-
lows, viz.

« Counsel in behalf of his majesty will move
the Court on Monday morning next, to put off
the defendant's trial until Friday next ; which
motion will be groimded upon affidavits this
day filed in the proper office, and upon the
affidavits of Mary Heath and of Daniel Mac
Kercher, esq. made in this cause in the last
Michaelmas term, and the nature of the case and
reasons to be offered.

«< Dated this 2nd of February, 1744."

* In the motions for putting off the Trial,
what is Boarked with inverted commas, are not
in the trial printed by permisskm of the judges,
but taken from two other copies of the Trial
printed at that time (one in fi>lio and the other
tn octavo), in order to render it more com-
fXvU.'^rormtr Editkn.

* Sol, Gen. We desire first to see if there be

< a jurv ; we have a ri^ht also to know if the
'jury nave been rightly summoned.

* The bailiffs being called to prove the sum-

< moning the gentlemen mentioned in the pan-

* nel, they appeared, were sworn, and the pan-

< nel was callcKl over.

* Sol, Gen, 1 observe, my lord, that several
' of the gentlemen mentioned in this pannel are

* out of the kingdom, and well known bv all of

* us to be out of the kingdom ; several others
' live in distant counties, out of the county of
' Dublin ; some are old and infirm, and nn-
' capable of serving on juries for several years

* past ; others have been dead several years ;

* and some are six clerks in Chancery, and

* officers in the Custom- house, who neither can

* nor are obiigei^to attend.

* X. €, J. All persons summoned ought to
« appear, and then shew cause why they snould
( be exempted from serving.

< The Jury being called over twice, dght of
Mheir number only appeared.

' Sol, Gen, My lord, I see only eight gen-
tlemen of the jury attend, and if eight more
of these in the pannel had been in the king-
dom they would not have attended. Mem-
bers of parliament are exempted, and so are
officers in the court of Chancery, and Custom*
house. Others are disabled from attending
by absence, the infirmities of old age and
death ; so that if both sides were prepared, as
there is no jury, there can be no trial this day ;
for talesmen are not admitted on trials of thio
kind : therefore we are under no necessity of
making our motion for putting it off to Friday
next.

* Court, We had some thoughts of bringing
'on the trial next Wednesday, butlttiereb a
' sitting of Nisi prias that day, and other suitors
' are not to be injured. Let the trial therefore

* be put off until Thursday, if it should be put

* off longer there would not be time for judg-

* ment that term ; but the attornies should

* consent. Mrs. Heath, do you consent it should

* be nut off?

' afary Heath, Yes, my lord.
' The agent for the prosecutors was asked
' whether he would consent to bring it on a-

* Thursday ; but he said he would not come
' into any such consent, nor had he any antho-

* rity so to do.'

'Iiie counsel for the traverser informed the
Court, that their witnesses were in town at
great expence, and hoped the counsel for the
prosecutor would agree to prosecute at the
day prefixed, and not then move to put it off
longer.

' JL. C. /. The reasons given to day for put-

* ting off the trial, I can tell you, will not be

* sufficient next Thursday for putting it off any
' further ; if the great expences attending the

* trial are to be saved, the sooner the trial comes
< on Uie better.

* SoL Gen, We intended to have tried tbii

US]

17 GEORGE IL

Trial of Mary Heath,

[24

^ * question to*fIay ; botMr. Mae Kercher, who
' coaducts this affair, aiid is the ooly person
' that tboroucbly knows tlie evideooe proper to

* be produced to prove the iodtctnient, is on the

* other side of the water, detained by contrary

* winds ; and so likewise are some of our most

* material witnesses, who are daily expected :

* there are seven packets due. if Mr. Mac

* Kercher and oor witnesses come, we Will im-
' oiediatdy go to trial ; if not, we cannot.

* Mr. BnSitreett for the traverser. I bope^

* my lord, that both parties shall be conBned to
' particular hours to examine their witnesses

* IS ; ibr if the prosecotors, who examine lh%t,
< should take up a long time, the traverser

* might be thereby stinted in time for the exa*

* mination of her witnesses : I humbly conceive

* both parties should examine an equal number

* of hours in turn.

' Mr. Harward, Such a rule was never

* made, my lord, I am pretty certain, on trials

* of this kind.

* Mr. Just. Ward, I have bad the honour of

* being a considerable time on the bench ; 1
' cannot now pretend to bear fatigue as well as

* i<Hrmerly ; but I hope 1 shall take care that

* the jurors, or myseli', ahall not be in dan|;er of
' being destroyed.

* L, C. J. Examining by hours is not so utt«>

* precedented. It was the old custom ansong the

* Romans to examine by the hour-glass, j^en-
^ tiemen, I think proper to mention to you,

* That no witness «nall be examined unless bis

* evidence be previously opened to the Court,

* and that one counsel of a side only is to ex-
' amine*'

Thursday Mornings February f .
The Court being sat,

' Sol, Gen. for the Crown. My lordy I men-
tioued to your lordship last Monday, that Mr.
31ac Kercher and several of our most material
witnesses were on the other side of the water
waiting for a passage ; if they had arrived,
we should wiUiogly have tried tlib traverse to
day ; but it has so happened contrary to our
expectation that they are not yet arrived, and
therefore as we are not yet furnished with
our material evidences, or with any person
acquainted with the eviiience proper to be ap-
plied to prove the facts in the indictment, we
cannot with safety go to trial. Colonel
Weldoo, my lord, who i^ known to be a gen-
tleman of great worth and reputation, has
been served with a Subpssna, but is extremely
ill of the ^out in his bed, and though a very
material witiieas and willing to give his evi-
dence, be is not able to travel to town without
endangering his life, and the prosecutors,
without the benefit of his testimony, cannot
properly proceed to trial. I therefin-e only
move your lordship that this UM tnay he p6t
off till the first day of next Easter term.

' Serf. Aicrthali^ for the cvown* The
tf^verser, my lord, removed this indictment In
October last by Certionri (rem the oommis-

sion of Oyer and Terminer hUo this court on
the very day it was to have been tried, after
she had put the gentlemen for the prosecution
io all the expence of a trial, for want of giving
them previoua notice of her intentiona to put
it off. And on the 7th of November when
she appeared on her traverse in this court, on
her bare allegation that she was not prepared
to take her trial, she was farther indulged,
and bad till the 14th given her, to prepare
herself for it, though ioe gealiemen were then
also rvady for trial.

* On the 18th, the day immediately pre-
ceding this hut day appoMtled by the Court for
her trial, the counsel for the traverser agaia
moved to put off her trial on her single affi-
davit, that she had some material witnessca io
England, and in remote iilaoes of this lung**
dom, and upon that founoation alone her trial
was put off till this term. We, my lord, have
ffiven regular end dmely notice to the agent
for the traverser, that we would &pply to your
lordship to put off the trial. Affidavits we
have to shew that we are not prepared to come
to trial, and therefore we hope we shall have
the like indulgence with the traverser to put
it off till next term, especially as this is the
first application of that kind we have nuule,
and es we have formerly been put to so great
inconvenienOes and charges by the traverser's
affected delays.

* If your lordship pleeses that Mr. Mee
Kercber's affidavit sworn the Idth of No-
vember last, which was read upon the tra*
verser's motion to put off her trial last term»
may be now read.

« Court. Let Mr. Mac Kercher's affidavit be
«read.'

** The KwQ agaimt Mary Heath.

'< Daniel Mac Kercher, esq. as page 4.''

Mr. MurshalL I pray my brd, that Mr.
Nelson's affidavit ma^ be read.
Cotir^. Read his affidavit.

The King against Marv Heatb.

<< Richard Neison.of^^^ city of Dublin, gent,
maketh oath, that he, this deponent, being em<^
ployed as agent on behalf of the prosecutors, he
prepared briefs for counsel, and sent several
Subpoenas for witnesses to several [»arts of this
kingdom, to give evidence on belialf of hie ma-
jesty against the traverser on her trial, which
was, as deponent believes, appointed to be ba4
on the 4th day of February instant. Saith,
that by a letter, which this deponent lately re-
ceived by poet from Mr. Mae Kercher, dated
London, the lOtb of Jannarv last, this depo-
nent verily believes said Mr. Mac Kereber did
oir-or about the 17th day of January last leavB
Lontfoa, in order to come to this kingdom, to
tiany- on the pn>aecution against the traTeraer,
the said Mee Kercher being one ofthenrin-
oipal persons concerned in carrying oo'saiitpro*
-aecutran; and verily believes, the said Mao
-Kercher sb, and has been, at Park-^gate or
Holyhead for some days paet, and wOHld Inte

25]

Jot Perjtir^

A. D. 1744,

[26

beeo bere before tbit time» if Cbe wind had
served for a pasM^ $ and ibis deponent ex-
yects bim in this kingdom as soon as the wind
bt'comes fair for a passage from Holyhead or
Parkogale. Says, be believes that William
Goostrey is a material witness to be produced
ai^ainat defendaBt, and believes said Goostrey
sad others, who are witnesses, as deponent be-
bevea, to be produced auraiost the trsTerser, are
waiting with said Mac Kercher at Park-gate or
Holyhead for a passage, and believes, that an
effectual prosecation eannot be carried on
against aaid Heath until said Mac Kercher
comes to this kingdom. — Sworn the Sd of Fe-
bruary, 1744-"

Mr. MartkaU, I pray, my lord, that the af-
fidsvit of Robert Keoiicdy may be likewise
read, wbicfa will inform your lordship of colonel
U'eldon'a state of healili.

Court* Read bis affidavit.

*< The King agaiiut Mary Heatb,

** Robert Kenneijf, of the city of Dublin,
maketh oath, that on the 27th day of January
last, be, this deponent, served Arthur Weldon,
esq. with a 8ubp«ena,« issued out of and under
the seal of this court, dated the S8th day ot'
November last, by delivering onto the said
Arthur Weldoa,«t his house in Raheeo, in the
Qoeeu's county, a copy of said Subpoena, and
at same time shewed him the original, and
off«red bim a British shilling in silver, which
he refused to take. By which Subpoena,
said Weldon, and others therein named, were
required to be in this court on Monday, the
4tb day of February tben next, between the
hours of seven and eight of the clock in the
forenoon, to testify on behalf of his majesty
concerning a certain perjury, whereof Mary
Heath stands indicted. And aaith, that at the
time this deponent served sakl Wehlon, he told
deponent be would most willingly attend in
pursoasceof said subpoena, but that he waa so
ill of tlie gont, that he could not stantT, or
scarce stir, and that he would not venture bis
life ; and that the week before he had the gout"
ID his stomach. And sailb, said Weldon then
appealed to this deponent to be very weak and
ill, nod waa not, as deponent believes, able to
walk one step, nor was be, as be believes, able
to travel in a coach or carriage from his house to
Dublin without great danger and hazard of his
life ; and verily Mlieves, sSd Weldon is not, nor
haasinoe been able, withotit the greateat danger
to his life, to travel in a carriage or otherwise to
Dublin ; and verily believes, said Weldon ia a
material witness to be produced on behalf of bis
isiyest^ against the traverser, on the indict-
ment lor perjury against her ; and verily be-
lieves the said Mavy Heath cannot be effeo-
tually proeecnted upon said indiotment without
the testimony of said Weldon ; and believes said
Weldon woald readily attend to give evidence
on the trial of aaid Mary Heath, if be could do
it without endangering bis life ; and verily be-
lieves, and doubta not bot said Weldon will at-
tend to ftveendaiiMon behalf of bis roitfefty

on the trial of said Heath, in case tlie trial be
put off to ne](t term, and that said Weklon will
be then able to travel with sai'ety to bis life.—
Sworn the 6th of February 1744."

« Mr. Tttdal. My lord, it is the interest of
society to hrin;r offenders to justice : the gen*
tlemen who conduct this prosecution were
fully prepared for a trial belore this affair waa
removed by Certiorari, and since it was re«
moved into tJiis court there was a day ap-
pointed for triallast term ; the witnesses caaie
to town from several parts, at great expences,
and in regard tlie traverser was not then
ready, the trial was put off, which put the
prosecutors to grest hardships in preparing at
different times tor the expected trial. Tha
affidavits which have been read have men*
tioned that some of our witnesses are at the
other side of the water, and that colonel Wel»
don has been served with a Subpcnia, and
would attend if possible. And for these rea*
sons we hope your lordships will put off the
trisi till next term.'
* C4mrt, Was Mr. Weidoa bound over ?
« Mr. NcUoH, No.

< Mr. JDo/y, for the traverser. I wonld ban^
' bly inform your lordships, that when the pro*

* secotors applied to push on this trial last term^
' there was no pretence then offered, that col«

* Weldon was a luaterial witness for them. I

* pray that Mary Heath's affidavit may be

* read.'

Which was accordingly read, as likewiaa the
others to oppose the said motion.

*< The Ring against Mary Heath.

*< The traverser, Mary Heath, maketh oath.
that her plaoe of abode is in London, in the
kingdom of Great Britain, and deponent having
lived for several years with Mary lady Altbam,
wife of Arthur late lord Ahbaro, waa prevailod
upon to come to this kingdom in the month of
Octoher 174S, in order to be examined aa a witr
ness upon a trial, that was had at tlie bar of the
Exchequer in tliis kingdom iu Michael maa
term 1743, between Campbell Craig, lessee of
Jamea AnnenAey, and tlie right honourable
Rkshacd eari of Anglesea ; aod deponent waa
examined on said trial on behalf of said earL
And saith, that aAer said trial was over, depo-
nent was prevailed upon to colitinue in tois
kinpfdom, in order to be examined as a witneaa
on behalf of said earl in a cause depending in
the Chancery in England between said JaoMi
Annesley and said earl of Angleaea ; and depo-
nent was examined as a witness in said cause
in or about October last, b^ virtue of a com-
mission from England, which was then speed-
ing at Wexford ; but some time before depo-
nent waa so examined, she was arrested opup
a warrant for perjury, alleged to be committed
by her in her evidence on said trial ; and the
dooraof the house, ia which depoiient lodged
in Latten's-oourt, Dublin, or liberties thereof,
were broke open when deponent was so arreet*
ed by a parcel of bailiffs or settera, some of
whom deciued tbay hvl waited for anoppovtu*

ST] 17 GEORGE II.

nity to find depooent alone. And when depo*
neut was so arrested, she was brought from
her said lodgings to Henry- street, and from
thence towards said James Annesley's house
or* lodgings in College-green; and in the
road, some of the persons that arrested de-
ponent, or attended them, directed that 3epo-
nent should be brought to Castle -street ; and
deponent was accordingly brought to a tarern
in Castle-street, and from thence to a public-
bouse, as deponent believes it to be, in Christ-
church-yard ; where the person before whom
deponent was brought, declared, he believed it
tvas not a bailable oifence ; and several persons .
that appeared as agents for said James Annes-
ley, seemed to doubt whether bail could be
taken for deponent ; but at length said person
bound deponent in reco^^nizance of 1,000/. and
each of the securities in 500/. to the best of
deponent's remembrance, and bound deponent
to appear at the sessions of Kilmatnham, oud
Irefused to bind deponent to appear at any other
place. And deponent is informed and believes,
that there were not avy examinations returned
to Kilmainham against deponent, but deponent
WM hound over to appear at the commission of
Oyer and Terminer held in or about October
last, and was obliged to give security for depo-
nent's appearance there. And deposeth, that
deponent^s business and affairs require her at*
tendance in London, and her being obliged to
•stay longer in this kingdom will be very in-
convenient and prejudicial* to her; and satth,
that the attempt to put off deponenf s trial is
made, as she verily believes, with intent to bar-
rass and distress deponent, and the said earl of
Anglesea and Charles Annesley. And depo-
nent is informed, and verily believes, there are
at this time in this city at least fourscore per-
4MMIS that have been subpcenaed and brought
hither from different parts of this kingdom at
gretX costs and expences to attend and be exa •
mined at witnesses on behalf of deponent upon
her trial. Saith, that several of said witnesses
are old and infirm, and believes in her con-
science, that if her trial should be put off to
another term, several of her most material wit-
nesses may die ; and verily believes it will not
lie possible at a future time to get her said wit-
nesses together, if they are once dispersed, or
go to their respective places of abode. And
aaith, tltere are two persons lately dead, that
were very material witnesses for deponent.-—
Sworn the 6th of February 1744."

*' Z7ie Ki>'o against ilARY Heath.

*^ JlficAiielLiu7y,'of Camolin,in the county of
-Wexford, gent, maketh oath, That he, this de-
ponent, has been employed by the right ho-
nourable Richard earlof^^Anglesea in bringing
aereral witnesses to this city irom several parts
of the country, to give evidence onbehalf of the
traverser upon ber (rial in this cause; and
saith, there are now, and for some days past
have been, in this city upwards t>f 80 witnesses,
who have been brought from different parts of
-ihis kingdom, in order to give testimony on be-

Trial of Mary Heathy

[28

half of defendant on her trial, many of whom
are persons of figure and fortane, and have
been brought and Kept here at the expenceof
said earl and Charles Annesley, est). And
saith, he hath made the exactest computation
he possibly could of the expences of bringing
said witnesses and keepinethem in this city, and
the necessary ex pence that roust attend their
being sent tu their respective places of abode ;
and saith, the same upon the most moderate
computation, will amount at least to 700/. —
Sn-orn the 6th of February 1744."

*' The Kino against Mary Heath.

" Mark Whyte, of the city of Dublin, gent.
one of the attorpies of this honourable court,
maketh oath, That he, this deponent, is em-
ployed as ageut on behalf of t|ie traverser in
thid cause, and was so employed by the right
honourable Richard earl of Auglesea and
Charles Annesley, esq. ; and saith, he hath laid
out and expended to lawyers, and other neces-
sary preparations for the trial of the said de-
fendant, over and above the expences of wit-
nesses, attorney or agents fees, or preparing or
copying briefs, the sum of 300/. sterling and
upward, and also paid a draft of 50/. £nghsh
money, which was drawn on deponent, to de-
fray the expences of some witnesses that live
and reside in £ngland. — Sworn the 6tb of Feb*
ruary 1744."

<< The King against Mart Heath.

'* Edmottd Bourkf of Collumkill, in the county
of Kilkenny, farmer, maketh oath, That since
the beginning of December last he, this depo-
nent, has been employed to serve subpcenas la
testify and give notices to witnesses to attend
and give evidence on behalf of the traverser, on
the trial appointed to be this day ; and that he
attended several of said witnesses to Dublin
for that purpose. And deponent knows thera
now are in and about the city of Dublin up-
wards of thirty persons, and believes there are
upwards of sixty persons attending as witnesses
on the part of the traverser, several of whom
are persons of distinction and fortune, and have
brought with them several servants and other

fiersons and horses. And saith, he verily be-
ieves, and is satisfied in his conscience, thai
two hundred guineas will not defray the ex-
pences of the witnesses so in town, their lodg*
ings, servants, horses and other attendants ror
the space of four days. And saith, be attended
the execution of the commission for the exami-
nation of witnesses at Wexford, in the months
of September and October last past, between
the earl of Anglesea and James Annesley, and
was himself examiued as a witness on that
commission, relative to the parentage and birth
of said'James Annesley, and the issue or sup-
posed issue of Arthur late lord Altham' by his
mdy ; and saith, he was credibly informed and
believes, that Dean Hughes, late of Ennisoor-
tby, gent, and Henry Giffard, late of Ross^
ffent. and the Reverend William Hervey, of
Bargybridge, olerk, were tzamined on

29]

fw Perjury.

A. D. 1744.

[99

cominuBieD on bebalfof said earl, and belieret
laid Dean Hugbes, and fienir Giffard are since
dead, and that the said Mr. Herve^ was about
Michaelnias last taken ill and his life despaired
of; and saitb» that several of said witnesses
BOW in Dublin attendiojif said trial^ are ancient
and iofirm persons, and live dispersed in se*
rerai parts of this kiD^dom. Sworn the 4th of
February, 1744."

** Tkt King aguinsi Makt Hea'^.

" John Campbell, of roaketh oath, That

on the 50th daj of January last this deponent
left Park- gate, where he had been waiting for
a wind eight days, and during his stay at Park-
^le aforesaid, he heard nothing of Daniel
Mac Kercher or Air. Goostrey's beinsT there,
and believes, if they had been there, he could
not hot have heard of them. That deponent
went from Park-gate aforesaid, across land to
Holyhead, where he staid but one night, and
got his passage in the packet, and arrived
at Skerries the 4th instant in the evening ; and
tbat deponent heard not|iiog of them at Holy-
bead ; and believes they were neither at Park-
gate or Holy bead at the time aforesaid. Sworn
the ath of February, 1744.

*< The King against Mart Heath.

** Robert Kenned^^ of the city of Dublin,
maketh oath. That be, this deponent, having
receiredfrom Mr. Richard Nelson several sul^
poenasfor witnesses to appear on the 4th day of
February instant, to give evidence on behalf of
his majesty against the defendant upon hertrial,
this deponent accordingly served a great many
of aaid witnesses with said subpoenas respec*
tively intbe several counties in this kingdom,
in which they live, and saitb, a great many of
such witnesses are come to this city in order to

five evidence against said Heath on her trial.
worn the 2d ol February, 1744."

* Mr. J^ecorJer, for the traverser. The bill

* was found in October by the commission of
' Oyer * and T^tniner ; and the reason of
' moving the indictment by Certiorari was,

* that it was impossible for the traverser, in so
' short a warning, to prepare for her trial ; and
' it sa happening, that Michaelmas tertn was
' so dose on the heels of finding the indictment,

* she could not, notwithstanding all her efibrts,
' collect all her witnesses froqn the remote parts
' of this kingdom, and from England to pre-

* pare for this trial. And therelbre could it be

< imagined that it was to delay justice, when the

* traverser was only endeavouring to have an

* opportunity of defence ? The prosecutors then

* said they were ready ; and pray why not the
' same reason now ot being prepared ? If they
' pat themselves to unnecessary expences last

* term in preparing for trial, the fault of that is
' to be imputed to themselves ; they had notice
^ given them that application would be made

< to poatpone the trial.

' Counsel for the Crown. It clearly appeared.

* to the Court last term, that the traverser bad

* not made the least effort, or taken one step to

< prepare for her trial ; and that we bad very

* short notice of her intentions, and tliat only

* after they knew all our witnesses were sent
' for and come to town.

* Mr. Recorder^ for the traverser. The tra-

< verser is at great expences, her witnesses

* being now in Dublin ; and' the reason thai

* was offered last term for potting off the trial,

* cannot subsist now, because boUi parties bava

* had sufficient time to make the necessary

* preparations for trial. Pray, my lord, what
' foundation have they now to put off this
« trial ?

* As to Mr. Mac Kercher's affidavit, whei«^

* in he says, that Mrs. Weedon is. a material

< witness tor the prosecutor; he never saw her,

* yet he ventures to say this ; she is here to ba

* examined, and will clear up that matter, and
' obviate the objection.

* Counsel/or the Crown. Mr. Mae Kercher

* was informed of it by her sons, and by many

* others to whom she had declared herself oa

< that head.

* Mr. Recorder. The next thin^ to be con^
' sidered, my lord, is the affidavit of Robert

* Kennedy, who swears. That Mr. Weldon is a

< his own knowledge, to know what is or what

* is not material. If the agent in the caua^

* wonld swear it. tliere might be some reliance
' on it. If this trial is put off, my lord, an-

* other witness may be found next term, which
'might be thought as equally material; so
' that this gentlewoman, before she. can have
' an opportunity of justifying herself, may dia

* in the mean time, under the imputation of tha
' indictment.

* If they had produced the affidavit of any
' physician who attended Mr. Weldon, tocerti-
' iy his illness and his inability to come to town^

* it would be more proper than the assertion
i of the server of subpcenas : besides, my lord,

* a man in the gout, though he cannot walk,

< might be able to travel. But how a person

< who is neither attorney or agent in the cause,

< and who is not to be presumed to be in the
' secrets of the prosecutor, can swear Mr*

< Weldon a material witness, is somewhat very

* extraordinary ; besides, my lord, since tlia

* time of service of the subpcenas, which was

* the 27th of January, )ie may have so recovered

< as to be able to come to town, though indis-
( posed then. But why was not this gentle-

* man thought of last term, when the prosecu-

* tors said they were ready ? Therefore, consi*

* dering the circumstances of this cas^, I hope

* yoor lordships will not put off the trial.

* Sol. Gen. My lord, it appears that the bill

* of indictment was found against this woraah.

* the 34th of October, yet application was

* made on the 13th of November last to put off

< her trial ; she had that interval of three

* w^eks time to prepare ; but because she.

* swore she had some material witnesses w^a'

81]

17 GIORGE 11.

Trial of Mary Heathy

[32

were wanting on her trial, it Wfts pat off. I
hope, my Icml, the reasons which we offer
will ha?e the same weight, till we can be pro-
perly prepared. Mr. Mac Kercher, who is
one of the principal managers of this prose-
eation, and wilhont whose presence it cannot
be carried on effectually, b detained on the
other side of the water by contrary winds,
and if this cause should be nut on till the
next term, he may and probably will be here
then ; so that I h^pe we shall bare the same
indulgence that the traverser had, and that
this trial may be put off till the next term.

* L. C. J. In the affidavit of Robert Ken-
nedy, there is no addition to his name, which
is not very common in affidavits.

* Sol. Gen» The identical person is in court,
' to be produced if required.'

Robert Kennedy swum.

Mr. Daly. Do you know colonel Arthur
WeMon? — Robert Kennedy. Yes, I do, Sir.

Q. How do you know that he is a material
witness in this cause? WhotuUlyou so? — I
•aw htm sworn to wliat he could say.

Where ?-«Before a Master in Chancery.

Have you any other reason ?-*! hare not.

Court, Did you read his affidavit ? — i read
bis affidavit, my lord.

Mr. Duty, What affidavit did yon t^ead ? —
An affidavit sworn before a Master in Chancery
it Maryborough assizea.

Were you present? — I was.

Court. In what cause was it? — To the
cause of Richard earl of Anglesea and James
Annesley, enq.

Mr. t)aly. Was there any cause depending
at Rfary borough ? — Sfo, I went there, and met
him there and the Master in Chancery ; Mr.
Morton was present, and his testimony was
wrote ; he swore to it, and T witnessed it

Court, In what cause? — ^Tliey say, it was
to he laid before the attorney general of Eng-
land.

Are yon osed to bnsinesa f^l am not bred
lo the law business.

Do yon understand' what if material in a
.prosecution for perjury, and what not? — I
thflnkwifat appeared in that testimony was very
materwK

9id yoii shew thst affidavit to any of the
agents of Mr. Annesley P — Mr. Morton read
it.

Did you shew it to any agvnt of Mr. Annes-
ley P<i^I brought it to Dublin, and gave it to
Mr. Mac Kercher.

XK> you know what ia mateifal evidence in a
tm\ fbr perjury, and what is in another cause ?
«^Ab fkr as my reason directs me, 1 do.

What enxpfoyment do you follow? — f keep
n beer-house and shop, my lord. I do import
a great deal of beer, iny lord.

Af r. Dalv, 1 am sorry fbr it. Are not yon a
peruke-maker by trade ?^No, I am not.

Did you ever see Mr. Weldon before that
^y yon saw htm at Marjrboroug|i ?— I did.
Vrhetv.'— -In Ehibim onen.

* L, C J, He is not a proper person to dis-
tinguish material evidence, and I observe that
no affidavit was made till yesterday, that Mr.
Weldon was a material witness.

* Mr. TUdalL The public is concerned in
this prosecution ; trials are put off frequently
in behalf of the crown, on affidavits of wit-
nesses not being able to attend : We hopo
the crown and the public are at least entitled
to the same indulgence as was given last
term to the traverser on her application to the
Court ; why should she, my lord, who by af-
fected delays put off her trial so often be-
fore, be suffered to take advantage of our
weakness at present ?

* Mr. Daly, I would observe to your lord*
ships, that Mr. Leviogstone, on the 11th of
November last, swore an affidavit before a
Master in Chancery, in the suit of Mr.
Afinesley against lord Anglesea, that colonel
Weldon was in so bad a state of health, that
it was feared the plaintiff would lose the be-
nefit of his testunony, unless he was examined
de bene esse; yet on the 13th, two days after
this affidavit, Mr. Mac Kercher pushed to
thave the trial brought on ; so that it is plain
they then thought the)[ might proceed with-
out Mr. Weldoo's evidence. My lord, we
have the copy of Mr. Leviugstone's affidavit,
which we beg leave may be read.

* Mr. Harward objects to the reading of >rr.
Levingstone's affidavit, which was made in
the Court of Chancery, and says it is not a a
affidavit in the cause of his majesty against
Mary Heath ; therefore he hopes it won't
be admitted to be read. Besides, this is only
a copy of an affidavit.

* Court. You do not object then to the read*
ing the affidavit, but a copy of the affidavit.
Pray is not the affidavit of^ record, and oaght
not the copy of a record to be admitted to be
read ? Pray in the Exchequer-chamber would
not the copy of a reoord be admitted to be
read?

* Mr. Daly. Suppose an affidavft cbarging*
perjury was made intlie Court of Chancery ^
coold It not be laid before the grand jury ?

« Court. Gentlemen for the prosecutor, shf w
OS some precedents why a copy of Mr. Le-
vingstone^s' affidavit should not be read.

*Mr. Harvar^f mentioned the Case of Ed-
worth against Edgeworth against reading the
affidavit; and moreover, my lord, though coL
Weldon was in such a state of health, as
made it prudent to' examine him to preserve
his testimony ; yet be might have been well
enoogli to attend the trial last term.

* £. C. /. Are not affidavits in the spiritual
court read here on prohibitions ? There are
no preceflents shewn why the copy of Mr,
Levingstone's affidavit should not be read.

< Arthur Mac Guire sworn to prove he com-
pared the copy which he had in his hand with
Mr. Levingstone's affidavit on record, and
that it was a true cop^ thereof, which wf^
reftd**

33]

/or Petjury.

A. D. 1744<.

[34

** Tke K»o ugaimt Mart Heath.

^ Arthur Mttgwire^^the city of DuUiD,gen-
tlenum, came this day before me and made oath,
that be compared the above copy of an affidavit
with the original nfKdavit in the Usher's office
of hia majesty's High Court of Chancery in
Irdaiid, and saith, the same is a tme copy,
and that he aaer Hugh Swiney, the clerk in the
said office, sign the name Ste. Sibthorp, nsher,
tikerelo; and aaith, the said Hugh Swiney
nsoaUy attests copies of affidavits, and believes
he has a power so to do. — Sworn this 7tb of
February ir4A."

*' James Anhesley, esq. Plaintiff; RicnAUD An-
heslet, called earl of Auglesea, and others
Defendants.

** William Ltcingstone^ esq. came this day be-
fore me and made oath, that on Sunday the
llth day of this in$tant November, tins depo-
nent saw Arthur Weldon, esq. at his house in
the Queen's County, and that the said Arthur
Weldon was then in a weak state of body, inso-
raiicfa that he then seemed to deponent to be in
danger of dying; and this deponent saith, the
said Arthur Weldon is a very material witness
on behalf of the plaintiff James Annesley in
this cause; and deponent saith, if the said Ar-
thur Weldon be not shortly examined in this
caose, the plaintiff will, in all probability, lose
the bene6t of his testimony.— Sworn before
me this 91st day of November, 1744 — ^Thomas
Stopford. Wiluau Levimqstonb.

** Tme copy, Ex. hy Bowden.

" Stx. SfflTHORF, Usher."

* Mr. Wahk, for the Crown* My lord, if
tbne was no otbar fomidation to put off this
trial bat the affidavit that has been made of
Mr. Weldoa's being a material witness, I
immUy apofebcnd, it would be a sufficient
reason. The person who made the affidavit
was examined before your lordships. He
faaa mentioned why he was a material wit-
ness ; and thoogh he is not a person of great
distinction, as Mr. Recorder would have nim,
he is a very creditable, honest man, and has a
right to be believed on his oath, as well as
any other man.

* My k>rd, there are several other witnesses
who are very material to attend on this trial,
who cannot possibly attend if it comes on
now, and not proper to disclose who tbev are,
or whether they are or are not material, it is
snffieieot that they are sworn to be material.
We were ready to come to trial last term, and
though we should not then have had the at-
tendance of Blr. Weldon there, we might
have bad other witnesses to prove the point
for which we now want his evidence. Those
witnesses we have not at present, therefore
considering the disabilities we are under at
this time, we hope we shall be indulged for
once, as well as the traverser has been before.

* L. C J. Gentlemen, did yon ever know of
a trial under these circnmatances to he put off
withoot paying cost f

VOL. XVIII,

«
*

«
«

C
*
«

* Cwnulfor the Prosecutort, There was the
same and stronger reason lust term for the
traverser's paying co:»t, and yet it was de-
nied us.

* Mn Harward, My lord, this bill of indict-
ment comes here as welt supported as any in-
dictment that was ever brought iolo this court.
I say it is supported by a verdict found by
twelve gentlemen of as great repute and cha-
racter as ever were upon any jury, who had it
for fifteen days under their consideration.
There is no imputation, my lord, of its being
an idle or wanton prosecution. This indict-
ment was removed by Certiorari. It is no
writ of right that the subject has, but in
reality it is an indulgence to the subject. The
repeated indulgence given to the traverser in
not bringing on her trial last term, has l>een
mentioned already, and as this prosecution is
in behalf of the crown, we hope an equal hand
will be carried between his majesty and the
subject. Mr. Mac Kercher has sworn in his
affidavit, that some material witnesses to be
examineid in this cause had necessary calls to
England; and that if the traverser's trial
should be put off to this term, that it
would be almost impossible for them to
attend, nay it was plainly told the Court
they conld not attend : we find he is not
here, and other, material witnesses are at
the other side of the water waiting for
wind ; which I say adds more credit to Mr,
Mac Kercher's former affidavit, for it is fallen
out as he said, that if the trial was post|)one4l,
it was next to an impossibility that they could
attend. *

' Mr. Nelson has mentioned a letter he re-
ceived from Mr. Macf Kercher, that be ex-
pected him with the first fair wind. Ken-
nedy has mentioned in his affidavit the ill
state of health of colonel Weldon, and that he
was a material witness.

* As to the objections that Kennedy was not
agent, and therefore cannot 1(now whether he
was a material evidence, i humbly rel3P on it,
my lord, that it can have no manner 'of
weight ; for Kennedy has told your lordships,
that he was present when Mr. Weldon swore
his affidavit, and had the custody of it ; and,
therefore must know the purport thereof, and
how far his testimony might be relativeto this
trial, i beg leave to say, that the single tes-
timony of Mr. Weldon, as he is a gentleman
of an unexceptionable character, might be put
in the scale against many witnesses, not so
well estalijish^ in point of reputation ; and
the want of his evidence is a sufficient motive
to postpone the trial.

* I must farther observe to your lordships,
that last Monday there appeared in the m>x
only eight of the jury mentioned in the pan-
nel ; so that if loth parties were prepared,
the trial could not have come on \h^% day ';
and as thb day's application is the ' first and
only one on our part for putting off the trial
till next term, 1 qopo your lordships tvili iu«
dnlge us in it.

^CtE&R^EIL

Trial tfTHarg Htathp

* Mr. lto66ms meniioited, that the tame ^use
of putting ofiT ttie trial last Moodaj still sob-
sistSi and urgfed very strongly some of the
reasons offered by the other counsel lor putting
off the trial.

* Mr. M*Manits, My lord, it fully appears
from the several uroceedings, the affected de-
lays given by ine traverser to postpone her
tnal to this term.

'The bill of indictment, as has been already
observed, was fonnd in October last ; and the
traverser, to postpone Ker beiog tried at the
then commission of Oyer and Terminer,
brouffbt a Certiorari ; so that I beseech your
lordships to consider, that the indictment
comes into this Conrt at the prayer of the tra-
verser. The Court were bound of right to
avoid it at the instance of the king ; b^use
every indictment being at the suit of the
crovrn, he has a prerogative of suing in what
court he pleases ; but at the request of the de-
fendant a Certiorari is Seldom grantable for
the removal of an indictment before the jus-
tices of gaol delivery, and very rarely if ever
for removing an indictment for peijury, for-
gery, and other heinous misdemeanours,
where the public is so nearly interested, in
regard such crimes deserve all possible 'dis-
countenance ; and the Certiorari might de»
lay, if not wholly discountenance the prose-
cution, and so delivered in 1st Syder. 54.

* It is likewise delivered there as law, if a
cause be moved out of an iuferior courti it
ought to be tried the same term that it is re-
moved, that the party may not be delayed by
Certiorari. My lord, after it was removed,
and the traTerser appeared on her traverse in
this honourable co«rt, the Tth of November,
she bad time given her till the i4th ; when the
14th cpme, she again moved to put it further
off till this term.

* The prosecutors very justly opposed the
motion last term, of ddaying this trial any
further, till this term, in regard they were at
great ezpenoes, and bad several times prepared
tor it ; yet on the affidavit of Mrs. fifeath,
that she bad not some of her material wit-
nesses ready, it was postponed : so that I say,
my lord, this trial was put off, at ber instance,
at a time when by law she should and ought
to have been tried, and those gentfemen had a
right to demand a trial.

* There have been affidaritt read to your lord-

< ships bow material Mr. Weldon's evidence is,
^and that he cannot now attend, but that the
^ next term it Is honed he will be able to give.

* bis attendance, which is a strong motive to

* pot off this trial in behalf of the crown. I

* beg leare, my lord, to say, that the case of

< en iniHctment is not like that of an infbrma-

* tioo. The promoters of an information may

< he gmky of a default, but no latches or default

* can be imputed to the crown, at whose in-

* stanee all indictments are suppoiwd to be.

* My lord, it is equally odious to punish the

* lanocent as to let fhe goilty go nee : your
A I — i.l:. put ^ Hie trial last term, lest the in-

nocent shonli be punished, upon a prstamp-
tion of innooenoe till the contranr appeared s
and I am sure, my lord, you will be equallj
careful thia day not to let the gailty go Ireet
which may be the case if the proeecutioii ba
now hurried on, in the absence of several ma-
terial witnesses, wbo-by sickness and other ac-
cideuts are now prevented attending at thia
trial, and in the absence of the person who
conducts it. From these eircomstaoees, I
hope your lordship will put this trial off till
nest term.

< Mr. Callaghan, In all cases, my lord,wlieM
any indulgence is to be shewn, it is granted
to the crown ; yet I do not say but public jus-
tice should be properly and equally admi-
nistered : the accusation founded on this in-
dictment carries a great degree of presomp-
lioD, though not conviction ; the olyection of
Kennedy's not knowing whether Mr. Wel-
don is a material witness or not, with great
submission, can have no force; other persons
may sometimes know who are material wit-
nesses as well as men of business. If a per-
son stands unimpeaohed in his character, tfiero
can be no objection to bis testimony. It la
every day's experience to put off trials, if it
appears that a material wituess is visited with
a disorder, and cannot attend ; in the present
case it appears several are absent.

' As to what is offered on the other side, that
this may be a foundation for finding out other
material witnesses that cannot be present next
term; that, my lord, will have no great
weight, for by the same reason no trial could
ever be put off for want of material evidence.
Moreover, my lord, if the trial be put off till
next term, and the tnveraer shouM thea hap-
pen to be acquitted, it will be so much tbo
more to her honour; but if she escapes for
want of doe, proper, or effoctoal prosecution,
she will not stand as uaimpeached from pub-
lic censure as otherwise she would.

« It has been already oMmtiooed what ex-
pences we hate been put to last term, which
might have been saved if we had known in
time that her trial was to be delayed ; hot earo
was taken that it should not be knowD, till the
ptt>secutors had been put to as great- char]^
as if the trial had come on : and as great mis-
chiefs must arise if this trial shonM not be
postponed, I hope, my lord, it will not bo
Drought on till next term.

* Mr. Harding. All qoestMns are to be do* •
temined by the importance of evidence : I
say, my lord, in a case of this kind, that on
the weight of material evidence all^qoestions
must uTtimatelT depend. If it appears that
we have material witnesses, who oannot at-
tend at present, and if it so happen that Wo
must lose the benefit of their testimony if thia
trial comes on, this matter must still remain
in the daHc ; and if the traverser /ohoold bo
acquitled for want of such important evideaoe,
she wiU in that respect stand under an impu-
tation. 'And! wast beg leave to say, that I
admiro why^goatieaeu from each drcnn-

ft
c

t
i
€
*

ft
«
ft
ft

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ft
ft
ft

ft
ft
ft
ft
ft
ft

37] Jir Pfrfutjf.

itiBfW ■bottldbe fiMid oftrjri^gr. tte tMir«rae
now, since the nrosocutori are iiQ|.pr«^fe<l.;
aod tbftt Mrs. uestb's pressing on the trial this
day, wbea sIm kwrns tfie proiMttlwr is ooi
rcM/v is ao aiynmemt thatsoe Imoirs heraeir
gBihy. Myk>rd,fthegeiitleufliioflbeotherside
bate laid great strew upon the ebjectioB that
Robert Kennedy oouM not know that colonel
Weldon was a material witnesf . The charge io
the uidictment is, that ladv Ahbaoi was not
with childf nor oarer bad a child at Danmaine.
Sorely, my lord, be noav know bow hr this
chnige nay be collected from the affidavit of
Mr. Weldon, which be bad seen, and bad in
bis Goatody, and which most be relative to
tlua matter. Besides, mv lord, from the con-
vermtioo that Kennedy bad wiiii Mr* Wel-
don, that he would wiUinffly attend, but that
be was so ill that be cquul not ihen venture
his life to tratel ; I say, with bumble sub-
miuion, from this very declaration be might
know bo was a material witoess. Pray, my
lord, if Mr. Weldon was not a malarial evi-
dence, would not be have told Kennedy at that
time that there was no occasion for his testi-
moov?^

* Tnis is a matter of very great consequence ;
and if the prosecution cannot be effectually
carried on, the traverser must be acquitted.
The public have a right to a fair, impartial
enquiry into this affair ; and as it can be of
no inconvenience to Mrs. Heath that this
trial ahouM be postponed, but will be of the

EMitcst service to her if she be acquitted with
noor on an effectual enquiry, but not so
mncb to her honour if she be now acquitted ;
therefore we hope her trial will be postponed
till neit term.

' It was fbrlher observed by the counsel for
ibe prosecution, that the travei-ser had put
ber trial off three several times; that these
affected delaya on ber part, were by so much
the greater hardship oa the gentlemen who
carry on the prosecution in behalf of the
crown, as tbey bad not only postponed busi-
ness of the highest consequeoce to them in
England, in order to attend it ; but as the
traverser's intention of moving for delays has
always been industriously concealed* from
them until the very day that her trial should
have taken place, or the day immediately
preceding it; by which means they were
each of these three limes put' to the same
trouble and expence as if tney bad actually
tried her with effect. This proceeding, my
lord, to all disinterested persons, must appear
not only vexatious, but calculated to promote
the oppressive system of this unfortunate gen-
tleman Mr. Annesley's too powerful enemies,
of worrying him and his friends out by un-
necessary expence and delay. This woman
must have known her own intention of putting,
off ber trial to this term, early enough to have
given notice of it to those gentlemen, so as to
nave prevented the great expence of money
and tun^, and ibe great (rooole that they and

A. D. 1744k

[«

their witnoM* hsf o been at in prciNurin^ an
of\en for her trial ; whilo she remained m n
supine security of having her trial delayed,
an(| relied on tb*. iudolgence of this courii
without taking one step to prenaro for itft
We tiierelbre hope, my lord, that for these
and many other reasons alvsady mentioned^
we aball tliis day, for once, meet with thn
same indulgence of putting offtbis trial till nezi
term, especially as this is the first applicatioo
of that kind we have made, and aa we ham
80 good a right to expect it.'

After which the Court delivered their opi-
nion as follows :

Mr. Just. BlennerhoMtet. The prosecutor
has moved on two affidavits to put off thin
trial till next term.

On Monday last be moved to postpone the
trial till Friday, which motion was granted.

The affidavits now moved on are, one of
Kennedy, an ale-selier and a server of pro-
cesses. 1

And the affidavit of Mr. Nelson, who is the
agent and attorney for the prosecutor.

The strength of Kennedy's affidavit consists
io this, that one Mr. Weldon is a material
evidence.

I must observe, that upon the motion to
postpone the trial till Friday only, there was
no affidavit made concerning Jtf r. Weldon ;
for Kennedy's affidavit, in which only Mr*
Wcldon's name is mentioned, appears to have
been sworn yesterday.

There was an affidavit of Mr. Mae Ker-
cher's, which he made tlie last term, in oppo-
sition to the motion to put off the trial then
made by the traverser. ^

This affidavit has been this dsy read.
"* There Mr. Mac Kercher swears, that be
had a great number of witnesses aftending,
and that he was ready to oroaecute.

At this time Mr. Weluon was not thought
of; he luis been summoned since, but to this
hour be is not bound over to prosecute.

Nor was he examined on the trial in the
Court of Exchequer.

Now, as to the affidavit of Kennedy, though
it has all the parts which p;enerally make op
affidavits to put off triub ; tor be swears to the
summoning of Mr. Weldon, and to his being a
material witness, and that he was not well
when be was summoned ; yet he goes, in my
opinion, so far, that he cannot well receive
credit.

For be takes upon him to swear also, that^
the traverser cannot be convicted without bis
testimony.

So that Mr. Weldon ia the only person who
can give evidence tu convict this woman, if
we believe Kennedy.

But if we believe 'Mr. Mac Kercher, be
swears be bad a number of witnesses ready to
prosecute the traverser to conviction, the term
oefore Mr. Weldon was thought of.

As to Mr. Nelson's affidavit, it relates to Mr.
Goof^y only, that hf h^ ^ftu examhiationii

»]

17 0E0R6E IL

Trial ^Mary Heath,

[40

io tbh eaiiM, and that he is in EogUuid ; aBd
Id Mr. Mae Kercber.

' I need not rensarlc on this affidavit, it is made
by a man of credit in his profession, and I be-
liere it to be true.

But the force of this affiilavit is Uken away
W an Oder nade by die traferser, who says,
she will consent to hale Goostrey's examina-
tions read in evidence against her upon the
trial,*8nd that she will wave any beneot wUch
riie might have by a croes- examination.

As to that part of Mr. Nelson's affidavit
wiiich is re)ati?e to Mr. M^Kercher, it has
no weight with me ; he says Mr. M*Kercher
is absent, sod is a manager in this caase ; he
does not say he is a witness, so that there is
BO pretence to put off the trial on that ac-
count.

But the counsel for the prosecutor object
that there is no eouality kept, if this trial be
not put off ; say they.

The tra?erser pot it off last term, and we
should have the same indulgence now.

The case on the tra? erser's motion widely
differs from the case made by the prosecutor
on this motion.

The bill of imlictment was not found till the
twenty- fourth day of October, at the commis-
rton ofOyer and Terminer.

The traverser afterwards obtained a CerH-
brari to remove it to the Ring's-bench, which
wSs not returnable till the first day of term.
She then appeared, and immediately informed
the prosecutor, that she could not be ready
fbr her trial ; she afterwards moved on affida-
vits to put it off, and suggested that a number
of witnesfses were in England, and many dis-
persed in remote parts of this kingdom ; she
named many of them by name ; she swore
they were material, and that it was not possi-
ble to hare them that term, but that she hoped
to have them by this.

Upon these affidavits the trial was put off,
and a day of trial appointed for this term. '

The prosecutors opposed this warmly, made
affidavits that they were ready to prosecute,
that their witnesses were sll in town at great
expence to them, and they do not say now, by
any thing they have sworn, but that they have
every witness now which they then hsd^ ex-
cept Goostrey.

Tliis was sufficient notice to them to be pre-
pared ; they were not hurried as the traverser
must hare been, if her trial had been brought
on before she could, from the circumstances of
her case, hate been prepared.

The Court, in my opinion, should consider
the prodigious expence the party is pnt to ; I
think it is sworii, that no less than fourscore
witnesses are now attending to give their e?i-
dencs in behalf of the traverser, and that the
preparing for this trial has cost her already
above seven hundred pouuds.
' I consider also the heavy imputation which
lies on her character, which she ought to have
an opportunity of clearing up, if she can.
' And for these reasons think she ought to

have her trial, hot I submit to the opinion of
the Lofd Clmf JiMioe and Mr. Justice Ward.

Mr. Just Word. The nrogress of this oanse
is easily reooUeded. Tlie bill of indictment
was found the 94th of October, at the conft-
miasioo of Oyer and Terminer for the county
of Dublin, against the naverser for wilful and
corrupt perjury ; notwithstanding which, and
althottgn the veidict in the £xcb«|uer was eon-
trsry to her evidence, I shall saspeod my opi-
nion until the present jury have found her
guilty, or acquitted her. Justice and thepubiie
good require, that witnesses upon their oaths
should always speak truth ; yet I am apt to
believe, were not private persons affected in the
event of this prosecution, every circumstance,
whether material or not, would not be so stre-
nuously contended for.

Many reasons made it improper to try this
indictment at the commission ; therefore my
Lord Chief Justice granted a Certiorari to rsf-
move it into this Court ; it is owing to that I
see many gentlemen upon this jury, who could
not have been so there, being judges ; it was
fit the liest gentlemen for fortune and character
in the county should be had to try a cause of
this consequence; it was incumbent on the
sheriff to return such, and I believe be hath
done his duty.

The 7tb of November the traverser, called
upon her recognisance, appeared, and the Court
appointed the 14th for her trial; but on the
10th she moved the Court to put it off to this
term, on her affidavit of several material wit-
nesses, naming them, being in several parts of
England, and remote parts in Ireland, whom
she could not possibly have in time to make
her defence. This motion was strongly op-
posed ; but her affidavit was so full, that it
could not be refused her ; and I must say, that
in a oonmion case it would have required no
longer time than to read the affidavit ; and the
Court appointed the 4th of February for the
trial. On this motion Mr. Mac Rercher made
an affidavit, which now is become necessary to
be considered ; he swears that he is embarked
in this cause, add, as I understand him, an
agent ; that he was then ready to prosecute
and go on with the trial of the traverser. As
it wss obvious to object, if he was then ready,
why should he not be so this term f To answer
which he goes on and swears, tliat several per-
sons interested, and witnesses, were going to
England, whom he apprehended he oonh) not
have next term, and could not bring on the
trial without them. This looks Kke givhie
notice he could not be ready this term, and 1
confess if he, or the visible agent on this side the ^
water, had applied the be^^iiming of term, and'
made the necessity of their witnesses going to
England appear, and that they were not re-
turned, and if the traverser had been at no ex-
pence, I should have gone as far as the prae-
tice of the Conrt would allow to delay the
trial. But instead of this, Mr. Mafc Kereher,
in hia affidaviti dki not mentiMi tha Mine of

4 • '

41]

JfurPerftry.

A, D. 1744.

[«

toy one of bts witiiesMS that were goiogf to
£^aiid, which renden H imfioflsible to en*
mine wbciber they did or did not go there, or
were etnoe retarned, or erer would ; besides,
diey seemed to acquiesce, and cootinued silent
until the Sod of February, when notice was
fn^en, the prosecutors wookl move on the
fourth to put off the trial to Friday folhiwing.
No other notice hatlt been since given; nor
did the proeecntors move to put off the trial
CO Monoay, until the jury ,was called ; and
only eight appearing, it most go off on course
to the next day, on which they only pressed
that it should be put off to PridAy* without as-
signing any reason from Mr. Weldon's dis-
^ ability to attend, or indeed any reason at all
' that I know of. However, throtte;h much im-
portunity, the counsel on both sides agreed to
put it off to this day, when a full jury appear-
rafir, they now move on new affidavits to pot it
off to next term, and assign for reasons the
absence of Mr. Mac Kercber the agent, and
also of Mr. Goostrey and colonel Weidon, two
witnesses. As to Mr. Mac Kercber, he was
here last term, and might have been here now :
for iboogh Mr. Nelson swears he acquaintea
him by letter that he would be here, yet Gamp-
t^l swears be came last week from Parkffate
and Holyhead, and heard nothing of Mr. Mac
Kcrclier at those places ; besides, Mr. Nelson
has always appeared to us as the known agent,
and -is of known abilities and sufficiency to con-
diict any cause. As to Mr. Goostrey, the
counsel mr the prosecutors say he was here last
term about the end of it, when Edward
Weedoa and his brother, being examined in
court, charged him on oath with drawing affi-
daTiia for them, being illiterate, to swear to
their mother Sarah W^on's imprisonment by
colonel Blakeney, when they only told him, as
they, with great simplicity, swore in court,
that Mr. Blakeney 's gates were kicked at the
Qsoal boor of the night, and they never looked
On tbeh' mother as a prisoner there ; and when
the Court required Mr. Goostrey's attendance,
they were told he was then in England ; he it
bound over to prosecute, and ought to have at*
tended : however the traverser bath absolutely
removed this objeclion, by consenting his exa-
minations should be rrad agaiost Tier. But
tbe main objection rests upon colonel Weldon's
absence, who, as Kennecly swears, was served
with a subpesna the 97th of Januanr, and was
then so ill of the gout, that he coola not attend,
and that the traverser cannot be convicted
without him. Kennedy appearing in court,
acknowledged himself to be a beer-seller, and,
by bis appearance, he is a man of low station
and little knowledge. I think biro very suffi-
cient lo swear to what he sees and hears ; but
1 must say, I do not think his judgment or be-
lief any way sufficient to ground mine on. An
attorney or agent is the proper person to swear
a witness to be a material one to convict tfie
traverser, Irat the afnit and attorney, who
certainly most be informed of the witnesses
fiir their cheats, have declined this. Keooedy,

indeed, told us on the table, he read an affidavit
of colonel Weldon's at Maryborough, and
thought it material ; but to obviate this, tbe
traverser's counsel have consented this affidavit
be resd in evidence against her, so that if it be
material, it will have itt weij<hi. In the next
place, bow comes colonel Welilon ti> he now so
material a witness, when last term Mr. Mae
Kercber pressed to go on to trial without him f
And 1 presume he knf w what he couM sst,
the affidavit he made being, I think, at t^
summer assizes preceding.

Besides, though colonel Weidon wai aiA*
posnaed the 87th of January, and Kennedy
made an affidavit the 3nd of Febrmify, in that
he is silent as to Mr. Weldon'a iHness, oor waa
it mentioned by the connsel oo Monday ; but
when nothing else would do, on the sixth of
February he swears to his illness, and soigle*
thing Kke his being a material witness ; thli I
have considered already : but 1 must obanrre,
what has missed the counsel, that though co-
lonel Weidon should be ill of the gout on the
S7ih of January, it no ways appears but h«
may be now on the 7th of Februaiy well ra»
covered, or at least able to travel ; it is ad-
mitted he lives but one day's journey fron
Dublin, why the;i was not a messenger sent
down to bring us an aoconnt in what state of
health he was a day or two past t Smee thej
have neglected this, I shall not kiok upon him
as a necessaiy witness. The oounsel for tha
prosecutors allege they have above sixty wit-
nesses, and the traverser's eighty in town ; I
think it is full time to ^o on with the trial, and
1 see no reason for putting it off. I should not
have been so tedious, but for the great ear-
nestness with which tbe cotmsel have pressed
this motion.

L. C. J. Marlay. I am of their ophiMin, thai
we must not put off this trial. I will mentioii
the several steps taken in this proceeding. It
appears here by affidavit, That on the 10th of
August Mrs. Heath was arrested on a warrant,
grounded upon examinations of perjury com-
mitted by her in her evidence on the trial in the
court of Exchequer ; fifteen witnesses are first
bound over to prosecute at the sessions of KiU
mainham, and afterwards at the commission of
Oyer and Terminer. The commission sat on
the S3d of October, and a bill of indictment
was found against her the next day, which she
traversed, and the traverser moved for a Cer*
tiorari to take her trial in tbe King's bench^
upon affidavits so full, that it was not to be re*
fiised without the greatest injustice; there
being an estate depending of 6,000/. a year,
and that there were exam tnai ions carrying on
in the Chancery here, and in England. 1 do
believe that neither side can shew, where th«
testimony of witnesses has been anticipated by
an indictment of perjury, but something like
that step was taken in this cause. The Cer-
tiorari was granted by the Court upon an affi-
davit of the traverser, and the trial put off upon
her affidavit of tbe 10th of November. Th«

«S)

17 GJBOHGE n.

Trial qfMarjf Heathy

E44

affidavit of Mr. Ifoo lUrebtr ia aifan after-
wards on the 13ib of November, shewing catiee
for bringing on the trial the next day, but no
eourt could posnbljr bring on the trial wben that
affidavit was offereo. The traverser swore thai
several witnesses, whom she named, were in
England ; and that Mrs* Weedon in particular,
waa a material witness, and lived in a remote
part of this kingdom. Mr. Mac Kercher
swears, that Mrs. Weedon was a material evi*
deffc«t.fortlieprp8eciitor, that she was detained
by force, and moved for an Habeas Corpus to
\ising her hither. That motion waa brought on,
and eicavinationawere tehen aliter the &.j ap-
pojoted for the trial, and a motion OEiade to at-
tach Mr. Blakeoey for detaining this Mrs.
Weedon. It appears, that she waBsumnaoned
lo attend here on behalf of the prosecutor on
the 14th of Noi^emher, just the day before}
fud iliat the plac^ she then liycd at ia above
70 miles firom Dublin. There came two wit-
nesses upon ^e table, who had sworn affidavits,
in prdev to found an Habeas Corpus and an at-
tachment against Mr. Blakenev, and they hav-
ing sworn false, tbey were both conuniUed.
Both those illiterate witnesses swore her, in
their affidavits, to be under a restraint, when it
appei^ed she was at liberty. This they oon*
te&sed, and also^ that those affidavits wese pre-
pared by Goostrey, the person now said to be
in England* This is a very extraordinary pro^
ceeding, and a sort of indietmeot not usually
brought into this oourt. The first trial was put
f ff^ on the affidavit of the traverser, that she
was not prepared for her defence : the question
BOW is, whether the reasons offered for putting
off this trial to Easter term be of e<|uai force.
It appeared then by the affidavit of Mrs.
Heath, that several witnesses, necessary for her
defence, could not possibly attend at the day
prefixed for trial ; the bill of indictment was
found the 24th of October ; the trial was to be
on the 14th of Novennber ; how could witnesses
in England be bronght by that time to appear
here? But Mr. Mac Kercher swears that
Mrs. Weedon was a material evidence for the
prosecutor, and not for the traverser, as she in-
•inuated. She is now here, you have no want
of her, if she be that 'materia] witness ; and
then the question is, whether the affidavits
made now can put off this trial« The affidavit
of Mr. Nelson is general, and only says, that
be had a letter from Mr. Mac Kercher, dated
the 10th of January, acquainting him that he
would leave London on the 17th of that month,
{"here are several affidavits made on the side of
the traverser, and one in partiooUr, that there
was no such • person upon the road from Lon-
don to this place, but however, as he is no evi.
dence in the cause, there can be no colour for
bis absence to put off the trial. Then the
whole matteris reduced to the affidavit of Ken-
nedy. Reswears those three things that are
material to put off a trial ; ,but I must observe
that this affidavit is in fact contradicted by the
affidavit of Mr. Mac Kercher, who swears on
Ibe i3ih ofNovember^ he was ready to bring on

the trial tbanaxtday, and yet Mr. Weldon ia
not one of the witnesses foT'that trial, and he is
not bound over to prosecute ; Mr. Mac Ker-
cher knew his evidence, for he had then hia
affidavit in Chancery; therefore that part
which ia necessary to put off the trial, that a,
material witness to be produced cannot attend,
is wantmg in Keimedy 's affidavit, for it apneara
that it is not well grounded by Mac Kercner'a
affidavit There is another oiiyection against
Kennedy's affidavit: he swears, he doesbe-
lieve Mr* Weldon is to be had the next lerm^
and that he believes he is a material witness.
Consider, that thoogh this be proper if it oomea
from the agent, yet it u not proper, when aa
ale-seller makeo this affidavit, and a man that
confenea he vras never bred to the busipess.
You know, that if a person be accused for a
violent assault, in case there be no danger of
death, there is bail taken ; hut if instead of
sending for a snigeon, the person who appliea
for bail, sends for a nobler, and the cobler
swears be had searched the wound and found it
not dangerous, nobody can say, but the Court
would refuse bail upon the affidavit of this eob-»
her. Therefore Kennedy's affidavit is of no
consequence. As to Goostrey, his examina-
tions are here, the counsel for the traverser de-
sire thoT may be read against her. But I
must tell you that his examinations are no
more, than that Mrs. Heath did say such and
auich words on the trial in the Exchequer. 1
have the trial here, and Mr. Goostrey can prove
no more than what all present at that trial caa
prove ; and therefore, gentlemen, upon account
of Mr. Goostrey, I think not premier to put off
the trial. But what makes me think it impro-
p«r to pot it off is, the great expence on the
side of the traverser. Itappeara by the affi«
davits on account of the traverser, that they
have been at a vast expence ; one person sweats
to 700/. another swears to SQO/L besides a 50/1
bill. Now, if you can delay trials, and put tra«
versers to this expence, you will soou have
what you desh^ in carrying on this cause, for
nobodv will dare to appear as a witness, when
they know it is so dangerous and expensive.
But it has been inrged by Mr. Harward, that
she should have a full and fair trial; and let
me tell yon, it is as much for the cndit of the
prosecutors that there should be a full and fair
prosecution, and that where, witnesses bound
over may be had to appear, and do not, it
createa a suspicion of the justice of the prose*
Ctttion ; people will be apt to say, that jugglera
cannot j^ay so well the same trick twice.
There is no doubt but a verdict was found for the
prosecutor by a jury of undoubted credit ; but
it does not follow that the traverser is ffuilty,
and the best and the wisest jury may be de*
ceived. This matter can be delayed no longer,
because by this delay there can never be
any time nxed for a trial; but as this mo-
tion has taken up a great deal of time, so it
would be impossible to go through it tliia
day, therefore we will deier it till to-morrow
morning.

4f]

\^'Perjunf.

JLOi. 1744.

C*«

The Jory iMdkeil «v«rli> Ffidby IftM Sib «f
Fcbrvary «t • o^dwik.

the ennnifMMioo of Mr. 0«oMrcy dtow b«I •(•
lo «N parts <of this indidaicnt.

Camrt, To every one of them.— -*Yea io »
tffcet confeM her imiooeDt^ if ymi do »ot pro-
wcole her.

Cmnudjar the Travener. We eoaeenf Mr.
Goootrey'i ezaimnetioii mey he rctd in evi«
ifeBoe, and wimeour right of eroM^eitmiiiiny.

THE TRIAL

MRS. MARY HEATH.
For Fxbjurt.

Cmmnljbr the Proteeutot.

Warden Flood, esq. Solicitor- General.
Rol)ert Manihall, esq. 2od Serjeant at Law.
Philip Tisdall, esq. 3rd Seijeaot at Law.
Philip Walsh, esq. one of hit Majesty's
CooDsel at Law.

William Uarward, esq,
Joseph Rohbins, esq.
James Mac Manus, esq.
Cornc>Iius 0*Calla^han, esq.
Arohrose Harding, esq.
John Morton, eSq.
Thomas Fiu-Gerald, esq.

Cwnulfor the Traverser.

Etion StaBoard, esq. one of his Majesty's
Cooaselat Law, and Rcoorder of the City of
DnbiB.

Joho i9milhy esq. one of hn Majesty's Coan-
•el at Law.

Anthony Mariay, esq. one of hb Majesty Vi
Counsel at Law.

Peter Daly, esq.

Simon Bradstreet, esq.

Thomas Le H ante, esq.

Thomas Soring, esq.

Thomas Morgan, esq.

xticbarp Mahine, esq.

Edmond Malooe, esq,

Edward Lee, esq.

James Maddox, eM|.

Thomas Cooley, esq.

Robert Hamilton^ esq.

'Roheit Ford, om}.

Fridi^, Fehtmry g, IKHi.

The Court being sat before nine o'clock, the'
jnry were called o? er, when fonrteen apfiearing,
nod no challenges being made, theiblloiring
Iwelre were sworn to try the issue of traverse:

f^Ssmnel Cooke, of St Catherine's, hart.
JohnRoehfort, of Newpark, esq.
Ryre Brans, of Portr«ae, esq.

Nieholas Archdkit, of Monnt Eceles, aoq.
Da? id Chaigoeati, of Ooriia, esq.
Qoaile Somervillci, of Cookstown, esq.
Edward Ford, of Dsiidstown, esq.
Mark Synnot, of Dmncender,«sq.
Thomas Baker, of Newtown, eM|«
Geor^ Evans, of Newport, esq.
Narewus Ohas. Proby, of DameslowB, eaq.
Charles Barton, of Dubber, esq.

The Indictment on which this Trial was bad
as follows, via.

'* The King against Mabt Heath.

«• Coonty of Dublin, to wit. The
onr lord tWe kiog upon their oaths say and pro*
sent, Thai in a certain bill of a plea of treopasa
and ^foctment of a farm depending as of tlia
term of the Holjr Trinity, in the 16th and 17tk
years of the reign of our said lord, the now
king George the Sad, of Great Britain, and an
Ihrth, and in the year of our Lord, 1743, in
our said lord the king's Court of Ezoheqoer in
Ireland, then being at the king's eoorls in tha
said oounty of Dublin, before tte barons of our
osid lord the king, of the said court, nn^
hrooght into the sakl conrt, and praseoated
by Campbell Craig, gent, debtor of the said
lord tba king, plaintiff, against the right ban.
Richard aarl or Anglesea, defendant ; who wna
present then in tho said court, by his attorney^
Thomss Bnrroogfas,for 30 messuages, SOtohs,
SO cottages, 9 mills, 50 gardens, 600 aeres of
arable land, SOO acres of meadow, ^ooacres sC
pasture, 60aopasof faraeand heathy ground, 00
acres of moory gronnd, with the^ppuitenancea,
in Great Stramine, otherwise Stsmsan, Littia
Stramine, otherwise Staawen, Little Donacar*
ney, Shallon, Killcarvan, otherwise Killshai^
van, Cmffey, Amsgor, otherwise Annager, and
Little Gaffoe^, sitnate, ]yiii||> and being in>thn
coonty of Meath ; all which said premimaa
wererormerivthe astatooftbe right ban. Jamaa
eari of Angtesea, deceased; and lately 'tba
estate of theright hon. Arthur eari of Aaysssa,
also deoeaaed ; and which had been demiseil to
him, the said- Campbell Craig, by James An-
nesley, esq. and' had been also demised to him
the said Campbell Craig, bv the right han.
James eari of Aoglesea, and bad been also de-
mised to him,the>said Campbell Crai|[, hjrtha
hoD. James Annasley, only son and hevor Ar*
thur late baron Ahliam tn AMwm, dceeased,
otherwise the right ban. Jamas baron Altbam
of Altham,on Aedrst dayofMayv 1749, at
Trim in tho county of Blaath afbreaaid, for tha
aevcral terossaf 31 yean, to aommenoe firom
thonea in manner and lormas in and b^ tha
daelaratianoftlMaaid'CampheU Craig, mtfaa
said hill of the said plea of trespam and eject*
meat of a farm, is mentioned and aet' foitb ; in
and to which said bill of a plea of trespasa and
ejectment of a farm, he the said Riobard<aaH
of Anglesea, b^ his ssid attorney, took defeviea
in due form of law, and for plea thereto, ssi^
that be was not guilty of the trespass and eyect«
meot aforesaid, in manner and form -as the«aitf

47]

17 GEOSGE U.

Trido.

Heaik^

[48

€aiD|ibell Craiflr compluMd ; lod of that he
put himself oo UmooudItj, mid the said Camp-
Dell Craig likewise ; and issoe Mng so joined
in said plea of trespaM aod ejectment, m due
form ot law» hy and between the said partieB,
it was afterwards so proceeded apon thereon
that the said issue afterwards, to- wit, on the
•eeond Friday after the morrow of All-Sools,
in the term of St Michael the Arch-annTBl then
fiezt, that is to sty, on the 1 1th day of Nor em-
fcer, in the 17tb year of the reign of our said
lord, the now king, in the Court of Exchequer
aforesaid, before the said barons of the said
court, at the king's court aforesaid, in the
«ountj of Dublin atbresaid, was tried by a eer*
tain jury of the country, for that purpose,
in due rorm of law, then and there elected,
tried and sworn in said court, to try the said
imue.; and <m the said trial, it was then and
there admitted, as well by, for and on behalf of
4be said Campbell Cniffy as by, for and on be*
lialf ofthesaid &chard earlof Anglesea, that
the said lands and premisses, mentioned in tbe
•aid plea of trespass and ejectment aod deda-
ntion of the said Campbell Craig, were the
egrtate of inheritance of Arthur lora baron AU
tham of Altbam, late deceased, and that he
died seised of the said lands and premisses ;
and the said Campbell Craig, then aofl there,
upon the said trial, produced witnesses on his
Bait, who being then and there duly sworn on
God's holy e? angelists, by the said barons of
the said court of Exchequer, to testify tbe
truth, the whole troth, and nothing but tbe
truth, in the said plea of trespass and ejectment
ao depending, the said barons having sufficient
yower imd authority to administer the said oath
to them on that behalf, gave in evidence, and
then and there awore, and deposed upon their
•aths aforesaid, to the jurors or tbe iury afore-
Mdd, before tbe barons aforesaid, that James
Annedey aforesaid, tbe lessor of tbe said plain-
tiff Campbell Craig, was tbe only son and heir
of the said Arthur late lord baron Altbam of
Althamt by his wifo, Mary, tbe late lady Al-
tbam; and that the said James Annesley was
Ibom andcbriftened at Dunmaine, in the county
of Wexford, m the kingdom of Ireland. And
the said now jurors so sworn for our said lord
the king, upon their oaths, further say, and
iNresent, that Mary Heath, of the cit^ of Dub-
lin, in the county of the said ctty,*wido\v, upon
the trial aforesaid, in tbe court of Exchequer
aforesaid, before the barons aforesaid, at the
king's court aforesaid, in the county of Dublin
•Ibresaid, b^ing then and 4bere produced as a
witness, by and on behalf of tbe said Richard
•ari of Anglesea, on tbe said trial o^ tbe said
aasue, she the said Mary Heath was then and
there sworn, upon God*s holy evangelists, in
due form of law, by tlie said barons of tbe said
coon of Exchequer, to testify the truth, the
whole truth, and nothing but tbe truth, in the
aaid plea of trespass and ejectment, the said
Inronsof the said court of Exchequer having
aufficient power and authority to adniiniHter |
aaid oath to the said Mary QeatU iu that

behalf; and tho aaid Mary Heath bebg then
and there so sworn, then and there fahd^, ro-
luntarilv, knowiiigly, wilfully, maliciously,
ooimpuy and illiciiiy awore and deposed npoo
her oath aforesaid, to the said barona and to the
jurors of the said jiiry» who then and there
were in due form of law dected, tried^ and
awom as aforesaid, to try tlie sakl issue aa
aforesaid, that lad v Altliam, that is to aajr, the
albreaaid Mary lady Altham, who waa wifo of
the aaid Arthur lale lord baron Altham of AW
tham, never was with child, while she the said
Mary Heath lived with the aaid Mary lady
Altham. And,

Further, the said Mary Heath then and
there, before the said barons of the said courts
gave in evidence and swore upon her oath
aforesaid, to the said barons and to the iurora
of the said jury, that the aaid Mary ladjr AU
tham never had a child at Dunmaine, that ia to
say, Dunmaine aforeaaid, in tbe said countv of
Wexford, in the kingdom of Ireland. And,

Further, the said Mary Heath then and
there, before tbe said barons of the said court,
gfve in evidence and swore upon her oath afore-
said, to the said barons and to tbe jurors of the
said jury, that there never was a chiid, as the
child of that family, that is to sa^, of the saiid
Arthur late lord baron Altham of Altham, and
the said Mar^ lady Altham his wife, either
christened or living at Dunmaine house, that is
to say, the aforesaid Dunmaine house, in the
said county of Wexford, while she, that Is to
ssj, the said Mary Heath, was at Dunmaine
aforesaid. And,

Further, the said Mary Heath then and
there, before tbe said barons of the said court,
gave in evidence and swore upon her oath
aforesaid, to the aaid barons and to tbe said
juroriB of the said jury, that she, that is to sav,
the said Mary Heath, never saw a child in the
bands or care of Joan Laffan, while she, that ia
to say, the said Joan Laffan, was at Dunmaine
bouse aforesaid. And,

Further, the said Mary Heath then a^d
there, before the said barons of the said court,
gave in evidence and swore upon her oath afore-
said, to the said barons and to tbe jurors of
said jury, that the said Mary lady Altham did
not miscarry of a child at Dunmaine aforesaid.
Whereas really and In fact, the. said Mary late
lady Altbam, who wa^ wife of the said Arthur
late lord baron Altham of Altham, was with
child while she the said Mary Heath lived with
the said Mary lady Altbam. And whereas,
also really and in fact, the said Mary lady
Altbani had a child at Dunmaine, that is t»
say, Dunmaine aforesaid, in tbe said county of
Wexford, in the kingdom of Ireland. And
whereas really and in fact, there wss a child,
as the child of that family, that is to sav, of
the said Arthur late lord baron Altham of Al-
tham, and the said Mary lady Althan/^ his wife,
christened and \h\ng at DiiiiTnaini; bbfrseafore-
Raid, in tbe said 4*ouDty of Wexford,. wjii|e« she
the Raid Mary Heath was at Dtpjimfiqe. house
aforesaid. And wherein aWo imiij %9^4 io

403

Jor Pifjury.

A. P. 1744.

[5^

ftot, tlM ttia Marj fleath did see » chiU in
tbe bands mod care of Joao Lafian, whQe alir»
tbat ia to aay, the aaid Joan Laffan, waa at
DnoBaiae boose afonsaitl. And whereas alao
Ycalljf and ia fact, the said Mary lady Altham
auaorned of a child ai Dunmaioe aforesaid.
Aad 80 the now jurofs aworn for our lord the
kio§^ aa albreaaid, upon their said oaths say
and prasent, that the said Mary Heath on Uie
said trial of the issue aforesaid, upon her oath
aforesaid, heioretbe barons aforesaid and jurofs
of the said jorv, elecSed, tried and sworn to try
the said issue let ween the parties aforesaid, io
tbe said Court of Exchequer at the king's
conrts aforeeaidy in the connty of Dublin afore*
said, in manner and form aroresaid, did falsly
Tolontarily, knowingly, wilfully, maliciously,
corruptly, and ilheitly, commit wilful, Tolon-
tary, maliciona and corrupt perjury, in ffreet
contempt of the seid now king and of hia laws,
and contrary to hia majesty's crown and
dignUj.

Csw^. Yo«, gentlemen of counsel for tbe
tratemer, offnoed yesterday thai Mr. Goostrey 's
fTsaninntieo aboold be read in evidence against
the tnverser, and thai you would wave her
light to uioMi aiamiiii' hua j yon must admit
know.

Mr. VtJp. AdmiMsd.

CauH. [Qik motion for aeparaling Ihe wit-
nesses) Thn.witnessaa were ordmd to be
asparated, and not to come into court till they
aieaeBl te; nohady is to be admitted to them,
hot aneh to have a guard fn tlie other's wit^

Cmirt. Gentlemen, for the ease of the jury,
and neceaaty of finishing the trial, I most toll
yon, thai we wiU not, on either side, have a
mnltiplictty of witnesses; the meaning of the
law is, that the trial should be bad in one day,
aod we went sit here to hear any evidence
that ia inunaterial. Whoever protracts a trial,
IB bf the law supposed to dare not to stand it.

Mr. RiK/oftdtr. My lord, we shall endeavour
to make tbe trial aa sliorl ae we can, 4>ut there
are many casea that depend upon drcom-
stancee, which must be made appear, and
whesever yeor loidshipa find that it is a neces-
aanr defence, yoo eannot think it ia too \o^.

Mr. Just. iTiiird. It is in the power of the
memlemen of the bar la shorten this trial, and
I hope yon wiU observe the rule laid down
yestsrday, for one gentlemen to confine bim-
nelf to Mch wilneaa.

L. C. X I make ae doubt of laying that
down aa a role.

SaL GmL Oar veaolution ia toobaerve it;
and we will shorten the trial, in ail respects,
aa moch aa we can.

Thelislsof tbe witnesses are given in to' the
Oort, chat they may be separated, and the
Clerk of the <>own nnmbeiing' them, there
were 80 on rtie side of tbe traverser, and 86
on the side of the prosecdtor.

Coifrl. Do yea imagiBe, (hat tbe law sap-
posed that any body shenld prodoos fouraapre
VOL. XIII,

wttneaMa ? Two witoesses are enough to prove
any fact, if it be a good one, for by tbe mouth
of two witnesses shall a thinf be establbhed ;
and 900 will not prove any tact, if it be a bad
Que.

The officer of the court chars^ed the jary
with the indictment in the usual K}rm, andwaa
directed by the Court to take out the five pointa
or assignments of perjury, and give them to
the jury ; which was done.

1. That Marv, wife of the kte lord Alibam.
never had a child, while the traverser liven
with the lady Altham.

a. That lady Aitham never had a child at
0onmaiae4

3. That there never waa a chBd christened,
or Kving at Donmaine, as the child of k»rd
end lady Altham, while the travevaer waa at
Dnnmsine.

4. That the tmvcfaar never saw a child ia
the hands or care of Joan Laffan, while the
aaid Laffitfi was ai Dnnmaiae.

6. That hMly Ahham did not miscarry ef a
" ~ at IXwmaine.

< 1S0/. Gen. (Counsel for the Crown.) May
it please your lordships, and ^ou gentlemen
of the jury, I am of counsel m this caae for
the crown, against the traverser Mary Heath,
who stands indicted for wilful and corrupt
perjury, a crime of tbe deepest dye, on the
discountenance and due punishment whereof
the lives, liberties, and propertiea of all men,
nay the very being of society depend ; for no
man's life, liberty, or property can ever he
safe, if such are either countenanced, or
escape for want of due prosecution. And
before I proceed to stato the case, 1 must beg
leave, my brd, first to mention, that by huc-
rymg on this trial so prematqrely, ii| tne ab-
sence of our principal witnesses, m.the abaenoe
of the gentlemen who carryon the proaeca-
tion, particularly of Mr. M'Kercher, who
haa the conducting of it, who ak>ne ia aa-
i|uainted with the nature and strength of tlia
evidence, and the due ap'pVcatiop thereof, and
ia now detained on tbe ether siae of the water
by contrary winds, we proceed to it under
manifold and great disadvantage ; yet under
these circumstances, 1 mske little doubtl)ttt
we shall be able to. convict tbe traverser, to
the satisfactkin of all finprejudiced persons, jf
the witnesses to be produced are able to prove
the mattera contained /in my instructions. I
shall therefore proceed to stato the caae aa
briefly aa I can.

* Arthur Aoneslev, first earl of An^ lesea (so
created by king Qiarles the Sad, witli a limi-
totioB to the heirs male of bis body) had iasna
five sens, ^ames his eldest, Altham his second,
Richard his third, Arthur hii fourth, and
Charles his fifth son.

* Tbe first earl having made very large ae-
quisitions, sufficient to support |wo ^stmct
lamilies, procured the baronage of Altham
for his seoond son Althami and hit laaae

51]

17 GB0H6E II.

Trid of Mary Heath,

(52

mate^, with a remainder over to hii third sob
Richard.

* As to the Altbam title, Altham, the firat
lord Attbaoo, died without iaaae male, where-
opoo that dignity became seated in his hro*
Iher .Richard, who had ioiue Arthur, after-
wards lord Altham, and Richard now in poa*
session of the Anglesea titles and estates.

' With regard (o the eldest branch, James,
eldest son of the first earl, was, in bis father's
lifetime, married to a daughter of the earl of
Rutland, on which marriage, a settlement was
made in common form, and the estates limited
to lord James for life, remainder to his first
and other sons in tail male, remainder to the
other sons of the saj^d first earl in tail male^
remainder to his right heirs.

* The said first earl was aooordingly snc-
caaded, both in the title and esUte, by bis said
eldest son James, who afterwards also died,
and left issue three aons, James, John and
Arthur.

' James, the eldest of these, and third eari of
Anglesea, let ied fines and snffered common
recoveries of his estates/ and thereby docked
the eutail created by bis lather's marriage-
settlement, and made himself absolute tenant
in fee- simple; afterwards he made several
wiUs and codicils, and having no Issue male
of his own, he thereby limited bis estates,
upon the failure of issue male of bis brother
Arthur, to go to the Ahham branch.

* AccordiUgly it happened that the said Ar-
thur, who was afterwards earl of Anglesea,
died in 17S7, without issue; to that if Arthur
lord Altham had been' then living, be Would
undoubtedly have succeeded to the Anglesea
honours and estates : but as he happened to
die in November 1727, it is indispuUble, that
if ha had (eft a ton, such son would have
been entitled to those honours and estates.

* The prinotpal question therefore at the late
trial at bar, and the single question now is.
Whether the said lord Altham left a aon or
not ? We that are conoemed for the crown,
did then maintahi the iriSrmative. and this we
shall now endeavour to prove, though a fttot
already establiahed by the solemn verdict
given at that trial, bv twelve {gentlemen of the
greatest characters for integrity, capacity and
mrtnnes in this kingdom. A verdict not pre-
cipitatel V given, but after 14 days attention
and deliberation, and which therefore ought
to carry the greatest weight.

* Hao the person, who claims to be the son
of Arthur lord Altham, been in the kingdom,
when Arthur eari of Anglesea died, he might
have asserted his rigfat, while many of bis
witnesses were Kving, and the facts recent
But he had the misfbrtune,gentlemen, not only
to be out of the kingdom, but out of £«rope.

* But as we are not at liberty to Uy that fact
before you, I shall not presume to observe
upon it any further.'

* ImC.J. No such evidence ought to be
opened here. Prov^ that the lord Altham
had a sou.'

* Mr. Daly. The evidence offered by Mr.
Solicitor is quite illegal, and I will ahew it to
be so.'

' Mr. Recorder. I have a great regard for
whatever Mr. Solicitor General says, but no
fact should be opened to the jury, but what
properly relates to the mstter of the indict-
ment.'

' Court, The matter of perjury contmne4'
the indictment, is the single question b^flire
us; what Mr. Solicitor mentions m^ht ba
proper to be shewn in the Court of Exohe-
qoer, in an action for the recovery of the
estate. Bat we are not now to try the right
to an estate, but a single fact : if lad v Altham
bad a child, Mary Heath is perjured, and this
thejuryare to try.' •

* Mr. Archdahk (one of the jury) I appre-
hend the question before us is, whether Mary
Heath is perjured or not ?'

' Court. Yes, that is the point, gentlemen.*
< SoL Gen, Mr. Annesley brought jan
ejectment in the Court of'^ Exchequer, in
order to try his title to an estate in the county
of Meath, which action was aocordingty tried
in Michaelmas term, 1749. The sole question
on that trial* was, by the admission of all par-
ties, Whether Mr. James Annesley was tba
lawful son of Arthur lord Altham ? and the
jury, who were gentlemen of undoubted cre-
dit and fortune, wer fifteen days trial and de»
liberation, found upon their oaths, that Mr.
Annesley was the legitimate aon of Arthur
lord Altham : Upon this trial, gentlemen,
Mrs Heath, the traverser, was examined, as
a principal witness, on the part' of the de-
fendant the earl of Anglesea, and it is fbr the
evidence she then gave, that she now stands
indicted for pagury, in the fivefbllowing par-
ticulars :

* First, That she swore, that Mary lady Al-
tham, who was wife of Arthur late lord Al-
tham, never was with child, while she Mary
Heath lived with the said Mary lady Altham.

* Secondly, That abe swore, that the said
lady Ahham never had a ehiM at Donmaina
m the county of Wexford.

* Thirdly, That she swore, that there never
was a child, as the child of the ftimily of kird
and lady Altham, cither chriatened or living at
Dunmaine house in the said oounty of 1^^-
ford, while slie Heath was at Donmaioe. ^

* Fourthly, That she swore, she never saw
a child in the bands or care of Joan Laffas,
white the said Joan Lafl^ was at Donmaina
house.

« Fifthly, That she swore, that the SKid lady
Ahham never miscarried of a child at Dmi-
maine afbreiaid.

* And although it will be enough Ibr oa to
prove Mrs. Heath guilty of parjury, in any
one of tha said pointo, yet notwithstanifiog tiw
great and many advantages gained against
us by our beinf^ auiiNrisedt and hurried on
to trial atthisjanctiire, I doubt not of onr
bciiiff able to oa«?iet her of the whale. We
sballkgifl»ky|ii«viiig, that Mil. Haaffbyaltho

5SJ Jhr Perjury.

* trid atbtfyim^re the iBfenI iMrtieubn own-

* uoaed ia tbe indictmeDt, and tboi thall pro-

* oeed to tbew, that thota panicolare are false.'

Caurim The finl aarigmaent of perjury ia,
that My Ahbaaa ne? er waa with child while
tbe tratwaar lived with her.

Serj. Mankall, My lord^ we shall first
produee the reeord. Upon the trial ia the
Court of KjTchaqner the single point was.
Whether the lessor of the plaintiff waa tbe son
of lady Atohaoi, wife of Artbor late lonl Al-
tham ? and there waa a rerdict found for biro.

Jfr. Dafy, We admit the record, and we
admit Mary Beath waa produoed as a wit-
ncas wiioo thai trial, and that she swore tha't
hidy Aubani had not adiiM, whilst she the

A. D. 1744*

[54

lived with her.

8cr|^ M&nkalL Do you admit tbe several
assignmenta ofperjury ?

Mr. l>a/y. We do.

8er|. Mankall, My lord, the next thing
tiiat we ahall lay hcfiue yoor lordship is a per-
son (Mis. Cola) to |MOve, that afW huty AU
tham'a arrival in this kingdom, in the year
1713, she came to the house of Mr. Briscoe,
in Bcide-etrset, in this city ; that after ataying
there some short time, abe removed to tbe
boose of one Mrs. Vice, in Essex-street; that
fiem thence she went to tbe late lord Ahbam's
boose at Doomalne, in the county of Wex-
ford ; and it will appear to your lorosbip and to
the gentlemea of the jury , that at the late lord
Ahbam's house at Dunmaine she was with
child, and did miscarry of a child.

Mr. Do/y. We admit, if you please, that
Mrs. Heath came over with my lady Altbam
in October 1713, and lived with her to her death
in tbe year 1799.

Coarr. Gentlemen, call your witnesses.

Mrs. Henritila Cole sworn.

ficq. Manhall, Mrs. Cole, did you know
Artbor late lord Altbam ?
Mn.CoU. Yes, Sir. .
Did yoa know Blaiy lady Altbam, his lady ?

At what time did you first become ac-
cpMinled withberf— In the year 1713.

Do you know any place in tbe county of
Wexfiwd, where they lived .*— Yes, at Dun*

Weve you at any time at that house, and
when ?— I was. Sir.

Can you recollect about what time, madam P
— I heueve it might be about February that
my mother and 1 went there.

in what year ? — ^In the year 1713.

Do yon know of any remarkable accident
that happened while your mother and yon were
there ?— Yes, I do.

Give an aoconat to the Court and tbe jnry,
what that accident was. — My lord was in a
very great passion one dav^ at some sauceia
being brought to the table ; bis passion was
very great, am} he had ordered them never to
4some upon the table on anv score, for thvv
verejiet Aftr modest people, to see; and all

en a sadden he threw them between my. lady
and me, and nut my lady into a tiolent fright.

Cmirt. What were they r— China saucers,
my lord.

Sen. ManhaU. Prej^, madam, what hap-
pened upon that oocasion?-*-My lady fell a-
trembiing $ into a violent fit of tremblwg and
tears.

Was there any, and what consequence from
thb accident?— 'My lady was exceedingly ill in
the night.

Mr. Edm, Malone, My lord, before she
goes on any further, 1 hope she will say what
she knows of her own knowledge^, and nothing
more.

Serj. MarihiilL Whatever may be an in*,
ducement to the material point b necessary for
her to aay.

Court, Go on.

Mrs. Coie, I say it from Mrs. Heath the
person coming to my mother, and I io bed
with my mother.

CoMi /. Then yon beard Mrs. Heath 4eil
Tour mother my lady was very ill?— I keard
ner, my lord.

Serj. MarthalL Did any and what conse-
quence happen from that illness?— My mother
told me in the morning—

Court, Stop you there* Yon most only
tell what you know vourselfidid bapnen.

Serj. MarthalL VVell, tell what did happen
of yoor own knowledge.— My lady miscarnedi
as I understand.

From whom were you informed that my
lady was so sick ?— From Mrs. Heath.

Where were you at that time that vou werf
informed of it ? — In bed with my mother.

What did she say to your moiner then ? — She
came to the door, and said, ' For God's sake.
Madam, get up, my larly is exceedingly ill,
make haste apd get up.'

Pray, Madam, do you know what was tbe
consequence of that ilbiess ? — My lady mis-
carried, as I take it.

Why do you apprehend that she miscarried f
—I saw an abortion in the. bason the next day.

Where did you see it, madam .^-*-ln my
lady's closet.

Who shewed it to you ?— I believe, my mo*
ther ; as to that particular I cannot be positi? e.

Where was Mrs. Heath at that time? — In-
deed, 1 cannot be positive as to that ; but she
was ever at my laoy 's elbow whenever she was
ill.

How was eheio that famil v, a servant or re-
latbn ?— She was a servant, i think ; I cannot
tell whether she was a relation or not

Was she my Jady's woman?— She was
deemed .as aucb.

Had you any and what discourse with the
traverser concerning my lady's sickness at that
time ? — Indeed^ I cannot charge my memory
with having any ; we might have had discourae
about it, but I cannot charge my memory.

How long waa lady Altbam confined aAer-
wards to her chamber?— That if a question I
qennot exactly tell you.

dSl

17 GEC^GB IL

Trka ofMarjf Heath,

[56

Wat the mnfined to her obaober after thil
•coidMit af the saucers f — IMie was cotifittad to
har chamber; my lord waoted her down to
supper that night, and sent for her aefemi
tiases; aiid my mother went up fot her, and^
•he was loo ill to come down.

Mr. Recorder. W bat night ?— f he night of
the day that the saucers were thrown.

Serj. Marshali, Yoo say, madam, that my
lady was confined, nray how long was she con*
fined ? — Whether it might be a fortnight or
three weeks, I cannot positrrely say, but she
Was confiued to her chamber.

In what manner was she confined, in bed, or
up, or how ? — She kept her bed for some time,
and sac up in her chamber at other times.

Did yoo give an account of this aifair to any
body whatsoever since the time this accident
happened ?—1 have spoke of it frequently, and
ny^mother has spoke of it.

To whom, madam, can you recollect P — In-
deed, 1 believe there is Mr. Monck's family,
that I believe may remember it perfectly well ;
there is in Oorev several that may remember
it from my speaking of it before ever this affair
happened.

Where was Mrs. Heath during the time that
lady Ahham was confined in her chamber?

nr.Retorder, Oh! she aald already, thht
she was about her.

Pray, madam, did Mrs. Heath know any
thing o^'that matter, oir not ?— She was in the
house, she was immediately at her elbow, she
was the persop that came to tny mother.

Court, Did yon go into my lady's room
when she called your mother? — I did not, my
lord, I Icy in my bed.

Seij. ManhalL But she desired your mo-
ther to make haste, for that toy lady was ex-
ceedmgly ill P—She did. Sir.

.Jury. What time of the night was it that
Mary Heath came to your apartment ?— I really
cannot recollect.

When was it that you went into the ckiseft,
and saw this abortion you mention ?^The next
morning about nine or ten o'clock, I beliete)
' to be certain I cannot.
^ Do yon take upon yon to say, that at the
time when your mother shewed you the abor-
tion, that the traverser was in the doiet?— I
cannot say, she might or mwht not.

Did Mrs. Heath constant^ attend lady Al-
tham?— She did constantly.

Did you ever see her attend her?— I ha?e
Men her, and was often sent to call her.

Seij. Marshall, When she called your mo*
' ther up, did she express any and what appre-
liension concerning my lady's illness? — I can-
not say that she expreased any at all, only Aiat
ahe said. For Ood's sake, madam, get up, my
lady is exceedingly ill.

Do yon know how it was understood m that
Ihmity , what the occasion of tiiat aickneas was?

Coar^ Supposition or hearsay b nothing.

CrOfli-extmioaitioB.
Mr. Recorder. Pray, madam, do you te-

nember the time that my lady AKfaan came to
Ireland, the month 1 mean ?— Mra. CaU, Aboot
October.

Where did ahe lodge irlicn she oame to
Dublin? Did not ahe coma to yoor Mbar^
house ? — She came to my fatbet's Inmse.

How long did she continue in your felher'a
bouse before lord Altbam caofte? — Whether tt
month or six weeks in town, betbra he cane to
town, I cannot tell.

Pray, madam, wliere was it timt my Und
and sbe firat met ?— At my fhther'a hovse.

Can you recollect the month that was in ?<—
I cannot be very certain ; but 1 think thai it
most have been in November, the ktier-end af
November, or in the bcgtamag of Deesmher,
which I cannot tell.

Do you fix it in November?— I cannot fix
it more than what I say.

1 ask you now, madam, did ray lard and
lady Altbam lodge at your house till they went
to Dunmaine ? — I do not believe they did.

1 ask yon, npon yoor oath, did Ihey ledge io
yonr father^s house tilt ibey fell town ?•— 1 flunk
they did not.

It is a material questfoa, and yoo must an-
swer it; 1 ask you, did they or did they not?
for you that remember things so well, moat
know whether they did or no. Did not Hwy
lie there the night they were reoanoiledf— -
They did, anil some nights after.

Did not they till they left town ?— No, Sir,
I do not believe they did.

Cannot you say whether they did or not?—
1 cannot say positively.

Can yoo say they did net lodge there while
they staid in town? Yod that know they were
reconciled by your father's meaoa, cannot you
recollect whether they left your fother'a lioase
before they UH toWn?— I donot think that
they staid there while they lived in town.

You do not think; but can you say whether
they did or not?— -1 tall yon, Shr, my fttther
was uneasy at their behig in 4ii8 house; my
lord was« nan thai had a grsal numy itreaks,
and my ftither prevailed on him to take hidg*
ingi.

And did he take lodginssP— I thbk I may
say it, I am not certani ; buti think I^imy be
positive that they did not hNlgeait my fhOiei^
bouse till they went to the country.

Welt, tlien, madam, doyan reeolleet their
going away from town ? DM the caanh cottft
to your fatW's house to carry ttieaiafWiy P—
I m> not vnneDaner.

Were they at your fiithaf'sbMne when they
went away f^I do nttt heKeve Ihey wera.

Did the coach come for Aetn ?— «l mnMibflr
iMi coach coming for them. Indeed I lie ntd
rememtier any equipage.

Now, madam, youaay tliat your mother tmd
yoavrenttoDttomaine; what ^me was it that
ford and My Altbam lelliliiac^r^l. camvcft
ascertain the time of tfi^ gcifig.

You did not go with them ?— I did flat.

I think you said your mctherandyMi'wefllt
toOmimame loFtSmaryN-lMief^itWH,

STJ

J&r Ptrptrjf*

A, D. 17U.

C»

Firmjr» IfadaRi, whm my kdy wuat Mr
hMse^ ii4 «h« hirtsDyMrvaota log* MrA
with her f — I do not iimonilw odo.

Do Bot yon Mttcmbcr IM alie kktd one
His. atiwfiglM?— i reaembcr Mm. Sctirright
at DoBUMnBe) but do aot reawmbtr ny lady*^
hiring tt sffiruilio the howt.

Were yoo a gonip to Vn. Setwrifhl at
Daamahw f — I knoir abe waa brooglit to had.

Didyao alandto the child P-^ladead I do
not rememher 1 did ; if I did, it is oMRethan I
know, or caa reiiNsiiiber.

Waa yoar oiother siak while yaa trara at
DooBMiiie ^->llol to ny knavpiedga.

You do aot renaiahar thai naither f <->iii»
decdidaaat

Was ahe so ill as to take vwnila Ihare ?-4
do aat raaiaHibar any ▼omit she took, nor da I
lamaafAer harts faavalaken twofMsitita all
herlMh.

Did not yon lie with your mother at Dan*
aniaa?— 4>hrt of the time I was M-laMaw to
Mfs. Heath, and part to my malher ; 4ar my
Mier waa there far a while, and as soon as he
westv I lay with nvf mother.

Pray, madam, did your liilbar go with ymi
fliere r— No, he4id aot.

Was your fither in the lioasa whim theae
muoers were thrown down?—- He was net.

Did that happen hefom or after he was
there f — It waa alWr he was there.

How loBg were yaa rtien kefew ymv ikihtf
came ? — I cannot tell.

How long, a fortnight? — I belierawamight;
more or lam, I eamiat tell.

Waa it the b^aaing of Fahnmry, ar the
latter-end that yon went down P^l hsKave la-
wardt the begintihig ; IcaanattelL

I see yon caa uHi nothhm bat one pomt.
Was ft Ae btgiimmg^lhc miMla, ortbe kMer-
end of Fdbroary &at yoa - want tberef •— I
cammtsay ; hot I believe it ww in Bebroaiy.

W<eH, bat I ask yaa now, what thna was
it ihat this aceidetit eC the saucers hsippeaadf
— 1 muaot %4I whether in Mmvb ar Apol.

Whirii momh was it P— K 1 eooid samamber
the day, the boor, «r the mioate I woaM tell
yoo.

How loog aus it bemra yowrfhlhar oama f— >
I thmk it waa after.

How loq^ did ho alay Ihamf— Ha atoyad
bat a very lAmrt time.

Can ymi my Iww long ht stayed^— Wha-
Aer ft week or^bni days 1 oaiamt say.

How long after he went away did it faapfCB f
—I eanaot tell lMW*lMig.

Were not yea cocmnmad in *tlns

It mFabrosry, Mrnvh or Afril?*^! said
that my lady miscarried in March or ApnI.

Didnit ymi swmrlbal it wai ia Hardi or
April that yoa wentdownf-— Notlomykaaw-
lodge.

why, had not you asgoodaimowledgethen
M nowP— I might; iff said it I misto^.

Pmy, madam, I ask you anather 4|ttesliaa ;
yoa say, yoa mistook if yoa said so ; upoa
ymir aath, Imw leag ailer yoa went dawn was
It that this aoudent hsppawd?— k wm soma
time after ; it either was m March ar Apsil,
hot I bdiere rather it was in Apiil.

Ccurt. Yoa do remember yoa wen €■»>
ammd hi the Coart ^ £xohe^er; by rirtoa
of yoar oath, did yoa awesr thea, it wasio tha
begiumag of apriag that yaa weat m Doa*
P-*-l domy, that I bdiese I said that il

before } oui "yea ToosNeot what tima yaa
toed then ftr year geiag to Puiimainel^I

DidaMtfmi iqr'itwas « Biutrti or AprNf
«-I do not now whetber I did or not.

ijottri. 'IHd yaa my in Mroary arllavch
ihen,-or wimtt ^^ caaaat tdl, say fcvd, mks-
ther 1 did or not *

nv« Jlacordsr. ^¥benymi weioemnMWd on
ifaatrfaLte^tt ftMhafHer) ikkyaa -my, yoo

■w the sprang.

Db yoa «b1i the amnth of Febnmry spsmg f
-*•! Bosf htaratske m that.

Mr« irac Jfofwt. My Isad, I apprehend it
is an impra|Mr question to m/k a msmaa aaw,
what she said analher day ; tooamiBaherat
thw tiaMio what dieawra then.

Cear^ I aak yoar paHlon, Mr, Mae Maaos^
it is very proper.

Mr. iUeonkr. flaeoilaet tha time;
aosB after raa got down did this
happen, tfbr it is a OMist KomrkaUa ana, in m
fbilnight, or three weeks, or a month, arhear
ksogP— It was aseee than a fortnight, direw
weeka, or a mentb ; as 1 tskait, it waa abaat
two moDtiM after w<e gat dswn.

CSaa yaa raaollact the aionth ?-*It aoiglbtba
something more than two months, I cannot ha
poaitiao.

Aad might net it baaametbmg km? ^^Na^ I
do not think ii was.

Can yon -mcoHsct Ibeimnpaay them at tha
lime «f thisaasidsat P^^ hafie eiidsaraared my
recollection as much m I coold. Then wsaa
fear gasiicmsn at the tsirie bmidm my lord,
my lady, my mother and i ; hot to tell oaeea
thair aanMa i caiamt, and whether .dead or
aKae, I <de not knew.

CauH. Was yoar frtherthaKe*-Na^:bea«B
not at the table.

Afar. Sbeomtder, Was Iham «0y quanMl be-
tween my k>rd and my lady atthis^tiaraC-^
These wMm>ae that I know of, for it waatha
muoen Ihatoacmkmad the aaamel.

How mam Iha company f laeedat thetdblej
' 1 suppose my lord sat attheiomsr awl^if iha
table P— 4lw my eat at the apper and, mj
mathcr sat ay her, and i mi theioihcr aide^
i do brfiara, as well m myresaMcatiea
serre, I beliere asy ford sat tha <mry
INrsaatomai d mB«ot pasitiiw, bat Ij
(adid.

Were these four fsnUeoMa ^at warei^
dimmr, people of any fstfhiaB?-4 soppose

Can you be positive whether my losd aot
neat yoaP-^l^a vemivethmi 4 mA ha4id
sit next me.

-Gim*!. fnMreai4qrMyaM-.^4ha

59]

17 GEORGE n.

TrUd of Mary Heathy

[CO

upper end of the taUe, tod Mie ehuhney wai
Mbhid me.

Mr. Becorder, Did y«o nl tbe next to her ?
—1 iit the very next to her.

On which band P — ^The right hand.

Was your mother there ?— My mother was
there.

And did yoa Ht on tbe ri|tht hand of my lady ?
•—I can give yon # very good reason tor it.

Tell it-— h la that my mother had got some
cold, and her eyea were weak, and she did not
care to faoe the light

What room was it yon dined in ? Describe
Donmaine.— I ha?e not been at Donmaioe
lately ; but however, the room, as yon oome
in at the street-door, was on the right hand ;
there was a bed in the other room opposite to it

What waa the use of those saucers?—
There was something upon every one of them.

Etow were they bioojrlit to tbe table P— They
were brought in on a dftib, a desert, and thoee
aanoera were Intermixed with other things.

What had they upon them? — I believe
there wera sweal-meaia upon them.

Were yon daubed with them when my lord
threw them by yon? — He took Uiem in this
manner, and emptied them all; and as he
emntiedthem he threw them between my faidy
and me, be would empty a saucer and throw
it, and so one after anotiier till be had thrown
them alt

Where did he empty them into ?— In the
dish that they were atanding on.

Did he know that mv lady waa with child ?
•»i believe he did : and I am pretty sure he
did.

And yet he threw thoee saucers directly be*
tween you ? — Sir, my lord waa unaccountable
in his temper.

Court. Do you say that my lord laitw my
lady was with child ?— I do believe be did
know it.

What is your reason for that belief?—!
have no reason, only because of the abortion.

But had you an v reason to believe he knew
it before that time r — I do say thna iar, that
the very first worda that Mrs. Heath said to
my moiher-^—

Courts You are only to say what you know
youraelf.

Mrs. Cole. I heard my lord aay that my
lady was with child before the accident ,

Mr. Recorder, Dkl yon hear him say so ?—
I did bear him aay so.

And yet he threw the saucers in this man-
ner ; how di4 he throw them ?— My huly put
liar head due way, and I put my head the
ether, as thev were throwing.
. Now, Bsadam, you aay yon went into the
doeet the next morning, your mother carried
you there?— No, she did not.

Who cairied you there?— I went of myself.

Was your mother there?— She was in the

And yeuR another shewed you this abortion ?
•-She did.

i JHoiWf hpvr nU wane you at that timet^J

believe this will shew'*(holding a bit of paper
in her hand) ; when 1 waa here before J waa
quite uncertain as to my age.

You then saidfyou were 12 or IS ?"->There
laa ikultin that trial, for I was asfed my age,
and I could not he certain ; 1 was asked why
I could not, and I said I could not, because
there was always-*-^

What did you say your age was then ? Did
you say how old you were?7^Forty*five or
thereabouts.

Did not you say you were then twelve years
old ?— •! was led into it ; 1 said I was, and
could not tell how much more ; I waa aaked
how old then waa 1, 10, 13, 14, or 16 ; and
said 1 might be 10, 18, 14, or 16, which I.
Cannot determine.

How old were you at the time of tbe trial ;
did you not aay 45 or thereabouts? — Here is
my age (shewing the paper) ; I have new got
it, and it is vastly more.

When were you bom ?— I waa bom in the
year 1691, hot then I did not know.

Court, What is your reason for saying yon
were bom in the year 1691 ? — I got my age
out of the registry.

What legutry ?— Of St. Nicholas,

What pimsli of St Nicholas ?— St Nieholaa,
Dublin.

Which, there are two parishea called St
Nicholas?— This St Nicholaa next us here.

Whereabouts is tbe church, in what street ?
—St Nichobis hereabouts, I do not remember,
the stieet

Court. That ia St Nicholas witbm.

Mr. Recorder. Why then yon were S8 at
thattimef

Court. Thereia 10 ycara difference, and that
ia « great while to be mistaken in.
. Mrs. Cole. I tell you, that here was the
thing just as 1 was disked ; when they asked
me mv age, I aaid I cannot tell, take so many
out of so many, and then you will know ;
there was some of the hiwyers imroediatd j
talking, ahe*s perjured, and that atnick me to
the hesit, that I did not know what I aaid.

Court. Were yon asked that question bol
once on tbe trial, or twice, or thrice ?— I know
I was asked it once, and when I waa on the
table the last time, that was the second time, I
had then recollected myself.

Mr. Recorder. Were not you asked how it
came that your mother shewed yon the abor-
tion when so very young ?^-I do not know
indeed.

Do you remember when you came to the
age of one-andJtwenty ? Did you never reckon
your years ?— I dkl not, and there was a con*
stent dttputo and debate what year I was bora.

Were you of age when vou went to Duur
maine?— To be aure I find by this registiy I
was.

That is no evidence; were you one-and-
twenty when yon went to Dnnmaine?—! waa
to be sure.

Yon say it positive ?— I do say it |>0Mtive.

How eaaie yon fo OMatake so prodigiously f

61]

fir Perjury.

— i do jM<iWe erery one of yon mayremeHilifP
thia f j^mI, take io mftDy out of io maoy, tod
then yod omv kooir.

Well, mattm, whea ywu imlhor shewed
yoa tbie hi the beaoo, iiad it any figore or
shape? — It eeened to me to have it.

What fiffvfe had it ?— It had head and limba.
Sir.

CoqM yoa diatingaith them phuolyf-— It
was hat very little.

Did yoa take aod ezamiae it P— I do belief e
my mother shewed oie the limba,-! did not take
it to examine it ; I looked at it aa it lay there.

Did year mother do any more tfian shew it
to 3roa aa it laT?— 1 do not know hut aho
mi^bt to ahew the Kmba.

Did she take it in her hand P^-I do nol ra-
member that she did.

Did she stir it in the bason ?-*-8ho night stir
it with a feather.

Did she, or did she not P— I eannot say.

Had she a leather in her hand P«— 1 cannot
say that she had.

UaditaUitolimba?— I might see the liaba
and the lam eyes.

What did yon take it to be when you aawit
6rBt ? — My mother told me it waa an abortion.

That waa in the cloaet P — In the ckiaet.

Is there a window in the closet ?— There are
three windows.

Did your mother speak Io yon abeot it be-
fore yoo went into the doaet P— Before I went
into my lady's room my mother told me she
had miscarried.

Waa that all she told yoa P^Tbat ia all, Sir.

Did your mother or you go into the closet
first ?— When I went into the ckiset my mother
waa there; we went into the room together,
and 1 befiere my mother went into Ae closet
oefore 1 did*

Did your mother speak before she went into
the doaet about the abortion P — I don't recol-
lect ; my mother told me my lady had mis-
carried.

But did ahe tdl you of the abortion hdbre
she went in ; did she say that there was one in
th€) closet P — No, she did not.

Voa are sure it waa not befors she went in P
— ^Indeed I real! v do not know,' Sir, she told me
there waa one, but whether before or after I
caoDOt be posidre.

Did yon, when yon were formeriy enmined,
say it waa before or afler, or that you could not
ten P — My confusion was so grnit, I did not
know what 1 said.

Did she, or did she not tell yon before she
went into the closet P<— She told me my lady
had miscarried before 1 went In, and when I
went in 1 saw the abortion.

What earned you into the closet if you did
not know it waa tbsreP— *My mother and 1
went in ; my mother was there, and I might
go to her; when she had made her complt-
mentato my lady, she went jn, and 1 foltowed
her.

When you were asked before how you came
to go into the closet, did you not answer this,

A. D. 1744. [G2

that your mother tokl you the abortisii waa
there, before yoa went in P — I beliere I did
say it, I might miatake in the term.

Did you, or did you not say so P— 1 heliare i
did say it I know my mother told me my
lady had miscarried.

Pray, madam, when did you leare Dun-
maine P— ^We left it, I believe, the latter end of
May, or beginning of June, which 1 cannal
tali, and went to Burton Hall.

Did notion tfwear upon the former trial, thaf
my lord sat at the lower end of the table, op«
posite to my lady, for now you ptaoe him next
yomrseU'P — Lbeliere Ididsayit. But I say
that I waa in that confusioo when I waa here
before, that 1 might; I might miattAe in tbat«
for not a mortal had spoke to me what I waa to
ha examined aboot ; nut when 1 came on the
table, I waa in the grsaleat confusion that any
bod^ conld possibly be. If I dui say it, it waa
owing to downright oanfiiaion.

CmtrU What time did you leave DunmauMf
-^We left ft the latter end of May, or hcgfai-
ning of June, 1 cannot be poaitire whieb.

That waa in the year 1714 P— In 1? 14, mj
lord.

Mr. JRccord^. When did jfon came to town f
—We did not cometill the latter end of July,
for we atayed at Burton Hall.

How long did you atay there P-— >l cannot teH
whether aix weeu, or how bug.

Recollect aa near aa yoa can.— I believe till
quite the latter end of July. *

And you came to town when P— The ktler
end of /n]y,'aa near as I can rscolleot it

When did my lady come to town P Waa she
in town when you cameP— I do not know
whether she waa or not

Did not my lady and you visit aftsrP— When
I came to town a sister of mine waa in the
sroall-poz, I never had it, and m^ mother sent
roe out ofthe house dirai^y, which makes me
aa to any thing after that qoito uncertnm ; and
I was not at b<Hne after in my father'a hooae
till the year 1718, hut with one relation or
other.

Pray, madam, when you came to toWB»
was not the firat newa you had of the death
of the queen P— I know I waa not at my
fother'a house at the death of the qoeen.

Where were you then P—At Mr. Monck'a in
Dawaon-atreet

Was not it aoon after you came to town that
yen heard of the qoeen'a death P-— It was soon
after ; I helievo it waa.

How aoon after waa it that yoa heard that
newaP— Indeed I will not be ccrtaio, nor
cannot.

. Waa not it the first public neira yoa heard P
--»It might.

Do you bdieveit waaP— I do helievo it wai.

Did not yoa aaoertain your tkne of comhig to
town by thatP--I believe I did; I do not know
whether 1 did or not, hot I know by my sister's
being in the small -pox.

Was hidy Altham in town thsa 9— Indeed I
cannot say whether she was or no, for I tsli

es]

17 GEOHGE IL

Tfvd of Maty Heaih,

[64

3KMi- 1 kft the Imom; my larfr night he id
toim AMI I Mt know il, for I Im tbe honte ^n
my sister's htmg UL

CsA yot atty wkdher sh* was in town when
you bosrd of the iioeen's dsnth ? — 1 OMOot
tell ; but I believe she was not \m town.

Ihray, naiiaM* when my lady cama to town,
Where did she lodge Ibe ascend tleie? Did
sbecesiaaaonaAerTOur— I saw herktowfi
to be sure, bnt what tiine of Ihe year I
^anaol be eertaii $ bat I ihinky it wasat Hn.
Vice's.

. Did Mtyou swtar iifMNi the last trial thai
yo« were positive that my lady w^t to ¥100*8
aAetf the reoeneili«lioii r^l de liot know whe-
ther it la yoaitise or aoti or whether I swoie it
positive, or not.

Did not yot awear it| thai they went to
Vioe's before they want* to Danaittner--1 be-
liave I did.

Can yon now be poailive?-^! can ao lar,
iMthey stayed bol»few days at our bouse,
apd did not go from onr beose to Dunmaine.

fiow many days did they stoy in your
hoese ; waa it- three, or ten, er hew many P —
1 believe about four or five days after the re-^
conciliation^ indeed 1 ennnirt telL

Bat yen are sure my lady went to Mrs,
Yioe'sP— She weM to my hird'a lodging*,
wherever that waa.

Did you visit thsM bslbra she want eat of
town ?-*•! did see oTf lady ooee.

Was it before or after CbiwtaMi^ that they
want to .the etmnlvy ?•— 1 bcliave il waa before ;
I cannot toll. .

Cseit. Did yea ew aee my lord and lady
at my loid's loteagi f^l did, my lord.

Did you go there ?— i-l went.

IVheea was it they lodged ?«-.ll w« a heese,
ea natr as I eaii mmenber, nem to the Slip at
Tamjsle Bar.

WWwas itlhtttyeeamrthem them?— It
mas afhmthe rcosnciliatten before they went to
Ibeeoomry.
. Did yott visit them a asoond timer— 1 did.

Was it at the aame house f— To the best of
my knowledge it ww.

Wham home waa that ?-«They catt U Viee^s
Imost^tothebastofmy knewledge.

Mr. jKmsndfr, Now, madam, what time of
Ihefear wm ft you saw them the aecond time
at vice's, in what month ? Fray meolleeCi for it
Is irery mitosial. Indeed I cannot tett..

Yon came totown yen my hi Inly, and the
first news yoii heard was Ihe death «f the
Meen;wmitr before or after that yen eaw her
jihere r—U waa ater thfti 1 aaw her.

How long after P — I cannot my.

Wan il thai year ?-*-! beUere it waa- that
yetu-, but I cannot asoeitain the month.

. Am yen mma it wasihnttyaar P See ami re-
c«ellrsetihe-memb» if yewean.— It waa that
year, bntlc^i^yisimaaitaMi whaimanlh.
r Wm Mm^Selwiighl at Dnmnasne whan yea
were there P— 4She was.

Whm wna ehe iham? She wm hense-
iieq^ar.

Did you know Sarah Weadon theraf-^I
knew nothing of Sarab Weedan at all.

Did not yon know John Weedon the coach-
man's wife P«^I never knew that John Weedon
the eeachman was BMrried until of tato.

Was John Weedon the eeaehman there at
that time P— He wm there.

Whowm hou8fr>maid there then ? — I do not
know.

Do not you remember Kelly Thomas P-.-No,
Idenot.

Do yon know Bourk the poatillian P-*I do
not know htm.

Did not yen goabroad and atay a fortnight
at Mr. Bovde's honsev andBodrk oanry yen r-^
I went abroad, bnt how long I stayed 1 can-
not toll.

Where did you go P— To Mr. Boyde's.

And did not Bouffc carry yon there P— >I do
not know who carried me there.

Waa not it one of my' lord's servanto P-*It
waa, hot which I cannot teU,

How soon after your being at Donmaine waa
it, that yon went to Mr. Boy jk's boose P^l can-
not tell ; but it was while I wm at Dnnmaine*

How. long did you stay at Mr. Boyde's P*-I
cannot leU dmi neither; but 1 believe a very
short time.

What Bayde waa it P.-Boyde of Rosier*

Pray, madam, who was batler at^onnmine
when yon were them ?-*Ra)ph.

Did you know AnHiooy DyerP-*No, 1 did
nal.

Who was my lord's gentleman P-»Iodead I
oBinol tdl.

Had my lady « pageP— Indeed I do not
know that I ever mw any thing in the eqoi<-
page that waa a poge.

Had my lady a peffe or not P— Bbe mighit
have a page for aogbtl know, but 1 do net 1^

Was this visit to Boyde's befote or allm you
mw the abortion P — Indeed I cannot toll. -

Were you at Dunmaine in the mSAtb of
April P— I waa thene.

On St. Geeige'aday P— I eannotleU.

Were there any races while you weretfiere?
—There asight he, bnt I cannot toll.

Were you atony races with lady Allham P—
Indeed I donot remember.

Did any girls run tor a smock themrP Wan
there • anwckHraoaP— To my knowledge, I
never saw any snch thing in tbeoeontry.

Do you knew Mr. Mark WhytoP-^-Yes. I
have seen him.

Had yon any disooume with him al any
tinaeP— Ym, he was .at Gomy* and we had
some diasonrw; I cammt pnrlicniarly mH what.

Cannot you remember what yop > said to
kMnP— I told him same aermnto' nansea that
were ai DwHuiim^ and he aaked me if I m-
membemd my lady to he ever with child ; I
told him I did, and that aha miscafriads and
hia answorwaa, aa to hor miaoawiage wo do
not go upon that, for we do not siippose my
My a barrenr woman.

Wmi thiA all ithai paaaed. between yon ^— Mr.

63]

for Perjury.

A. D. 1744»

Mvk Wfayle asked me, if 1 remembered mt
of tbe eerrautt of Uie ftmily ; I told bim I did,
aod aamed all 1 koevr.

Did not yoo teil him that jon would swear
for my lord Aniplesea if be would renew your
busbaod'a lease ?•— indeed I deny it absolutely.

Did YOU ask the renewal of tbe lease ? — Yes,
ni tell you how it was asked. Mr. Cole had
been eropk>yed for captain Annesley for a long
tkne^ and had a promise for a lease from bim
km^ before that ; and when Sir. Wbyte was
spoke to upon this former promise of this
lease, I destred the captain would make good
his prooiiae.

Do yon know Mr. Frank Annesley of Bally-
sax?— 1 haTC rery little acquaintance with him.

Did not you tell Mr. Wbyte that you could
be a very material witness for my lora, but that
you would not tell him what you could say,
until your lease was renewed P— 1 did not, un<
less in this manner ; if the proving a miscar-
liage can prove of any service to my lord 1 can
prove the miacarriage. •

Court. And did you say no more ?— No in-
deed, i cannot say that 1 did.

ykr. Recorder, Had you any discourse with
Mr. Frank Annesley ?-«>He came one day to
sister Briscoe's house, and wanted to apeak to
her, and she was not ready for flroing down,
and desired that 1 would ; and f went down
stairs to him, and a little while afler she came
down, and I shewed him the subpmna that I
was served with.

Jury. Madam, do you recollect the night
that Mr8« Heath awakened your mother in
order to see my Isdy ? — I do not, Sir.

Do yo«i remember that she came to awaken
ber ? — I tJo remember that she came.

IV as there a light in the room P— There was
aot.

Had Mrs. Heath a light with her?--4She
might have a candle in her hand.

Was there light or not ? — There was not, 1
believe there might be a fire.

Had she a candle in her hand ?— Indeed I
cannot tell, 1 had been aaleep and she awaken-
ed lae, and 1 cannot tell.

Waa there light of any kind in the room f —
There might be a candle, and there might not.

The reason of the question is this ; look at
that woman. — [The witness looks at Mrs.
Heath.]

Will you swear positively, that that is the
woman that came into the room to call your
mother ? — Mrs. Heath was the person, and 1
believe that is the same.

How can you tell it was her, when there
was no light? — I knew her voice.

Mr. Ruorder. Did you see lady Altham in
Dublin in the vear 1715?— I don't think I
did; I do not anew that 1 did^t all) if ahe
was in town I saw her ; but I cannot tell whe-
ther she was or not.

Court. Did your mother shew you the abor-
tion ?— *I went into the closet and saw it.

Did your mother call you to aee it ?— I do
Bot know that she did.

VOUXVIU.

.[66

Did she deshre voa to look at the abortion f

I do not know that she did.

When were yon married.' — 1 was 'married

in the year 1 shall be next March 14 years

married.

Can vou recollect your age when yon wer«
married ?-^Indeed 1 cannot, except 1 count.

Court. 1 only ask, because youngv women
generally keep account of their age.

Mrs. Cole, Well, I never did, and I tell yon
the reason, there was a constant debate about
my age, the leaf was torn out of the Bible.

Did you ever see an abortion before that
time ?— No, nor for some time afler.

Mr. Recorder, Did any body attend mf
lady on this miscarriage ? — I cannot remem<-
ber one.

Mr. Solicitor. My lord, I only beg leave to
make one observation on the examination of
this witness ; it seemed to be apprehended by
the Court, that we concerned for the crown
had a mind to lengthen out this trial unnecea- .
sarily ; you will please to recollect what little
time we took in the original examination, and
how much the Recorder has spent in cross-
examining her, and I beg leave to say, that he
did not ask one improper question.

Court. Since yon acknowledge be did not
ask one improper question, you cannot think
the time has been taken up unnecessarily.

Mr. Solicitor, I only mention this, to sbeir
how neceijsary it is for us to take up a^i much
time in our examinations, if we find it material.

Court. You aball have all the time yoa
can desire, to examine any witnesses that ars
material.

N, B. The examination of Mrs. Cole held
from six minutes before nine, to twenty mi-
nutes aAer eleven.

Court. Call your next witness.

Cryer. Doctor Jeinmat.

Mr. Spring, My lord, 1 desire before Dr.
Jemmat comes upon the table, what he is to
be examined to may be opened.

Serj. Tisdal. My lord, the next witness we
shall produce is doctor Jemmat, a doctor of
physic, who attended lady Altham in the year
1714, at Mrs, Vice's, at the time she was with
child.

Dr. Samuel Jemmat* sworn.

Mr. Daly. 1 desire to ask a previous ques-
tion, which is this ; did not you make an afll-
■'—■■-■■ ■ ■ ■ .^ I ■ — ^^^^

* This Dr. Jemmat was a gentleman of a
Sussex family, and in his younger years, prac-
tised as a physician in England ; but some
private affairs calling him over te Ireland, ho
met with such encouragement, as induced him
to continue there, and was long settled at Dub-
lin, where he was chosen an Honorary Fellow
and President of tlie College of Physicians,
and attended lady Altham in the winter 17 14,
when her ladyship was sapposed to be with
child, and prescribed for her ; and would have
been a material witness for Mr. Annesley, m

17 GEORGE n.

ofMury Heathf

[6S

d)iVit of (he tettimoDy yaa couM give ift
cause?

Dr. Somud Jemm^t. Do you mean ia tkis
court or any other ?

Court. Before any person ? — Before a
Master in Chancery I ga?e in an examinatioQ.

Mr. Dafy, Uppii what occasiooy Doctor ?—
They asked me what I bad to iay in thia af-
fair, and I told them.

Who asked you?— One Mr. Cooper, a
Master in Chancery.

Couri, What Cooper do yon mean, Doctor
Cooper ? — He was a stranger to me.

•Where was it that you were examined ? —
1| was in the Uueen's county, my lord.

What time was this ?— I cannot tell whether
in August or September, or July the last year.
« Set). TisdaL Did voa know the bte bra and
Udy Aitham? — I did.

Were you employed m thai family in any ca-
MfCity, and what ? — I was employed 1^ Arthur
lord Altbam, as his physician for some years.

Prav, Sir, did you ever attend lady Ahhan,
48 a physician ? — I did attend her ladyship.

CourL Do you remember when she came
from England into this kingdom ? — 1 did not
know when she cagie first, out 1 think aboul
the latter end of November, 1714, lord Akham

Pray, Sir, did you prescribe Ibr her 9 — 1 did $
I told her, I thought a little blood taken away
would be proper, and a gentle puke necessary ;
but her ladyship calling for a bason, 1 thought
she had an inchnation to vomit ; but instead of
that, she made what the nnderstanding women
call, long spits, as if she was with child. I
asked her ladyship then if she was with child ;
she told me she had all the reason in the world
to believe that she was so : I then a^ed how
long, and she said three months. I asked her
ladyship upon that, if she had been regular ;
she told me that she had as an v woman uviog,
till about three months before that time my lord
came for me. Upon which I altered the pre-
script! on I bad before given, ami ordered suck
mild medicines, to mitigate the fever, m might
not endanger her lady&ip, or the infont wiUiin
her.

Do you remember whether Mrs. Heath lived
there with my lady ?^My lords and ffentle*
men, whenever 1 was sent for to any nwle fa*
mily, or gentleman's house, my business wine
to attend what I was sent for abouti and I never ^
took notice of any sarvant.

Do you know whether lady AHham wav
with eoild then, or not ; h«ve you' any other
reasons?* — ^Upon her teHieg me this and exn*

* came to my house ia Aaglesea street in a cha- | miniiB^ o^' her, I hod reason to believe she was.
. riot, and.dlesired I would go with hhn to see I h*d weakfosted with them before, but I found

my lady, for he was afraid she had a fover.
. And did yon go ?— I went in the chariot
With Arthur lord Aitham, to one Mrs. Vice's
m EssexHstreet, where they then lodged.
* Serj. Tudal, And did yon visit, my lady
then? — I did, and found her very hot and

isverisb, and I asked how long she Ui^ beei^so;
nd my lord told me, Tfor only he, and she apd
I were in the room) be told me that they had
been out late at night, whether at a ball, or
play, or musie- meeting I do not remember,
and he was apprehensive my lady btwl got
cold that way ; but 1 forget whether he said it
wna at a play, or concert of music, or any other
diversion.

Ibe remarkable trial 1743, had he been known
In him, or Mr. Mac Kercher, who, in some mea-
aure, conducted the cause ; but they not know-
ing of him at that time, were deprived of his
lestimony ; but the D6ctor being allerwards
found out, came over in t753, with several
others to England, to be examined in relation
to the Anglesea title and estate. He for many
Tears had a complication of diseases, and was
i-oobled so violently with the gravel, that he
rarely quitted his bed, or could be moved with-
4>ut exquisite torture ; nevertheless, when he
Was acxfuainted with the consequence his tes-
timony would be of, h^ determined, though at
that season of the year, and so late in life, to
iUodertake the journey. But he died at Bristol
the second night after his landing, in the 78th
year of his age, November 175^, and retained
bis senses to the last. [In a letter from Bris*
tol, dated 21 November 1752, printed in the
poUic papers It that time.} Iwmer EdUion,

her countenance change, and she had yellovr
spots and livid spots came out upon her ; and 1
felt her breasts, and found, they began to grow
turgid ; upon which, 1 found that she was with
ohild, and that made me alter the prescriptions,
that they might not hurt the one or the other.

Do yon know whether she went on in hei^
pregnancy? — I gave her directkms how i9
manaee herself; but her disorder being what
we call a FebrU Epkemeroy which lasted bat
three days, my wme and 1 dined with them at
a third place, and after dinner, my wifo. wli«
saw her condition, went out with her, and re*
turned a^ain in a fow minutes; and ray hdf
told my wife—

Court, Yon are not to say what my lady
told your wife, but only what you know your*
self of her being with child.

Doctor Jemmat. But I say, I gave her di^
rections how to' manage Jierself, and my ford
told me

Court. You are not to say what lord or lady
or any body toM you. Do you beKeve her to
have been then wtlh child ? — 1 do.

Serj. MarthaU. My lord, 1 most insist thai
we hare by law a right to ask that guestion ;
in the very chapter of Perjury in Hawkins
you will see it laid down as a rore, that hearsay
evidence, thai serves to illufttrate what is th^
proper evidence to be given before the Qourt^
shall be admitted.

Court. Hearsay-evidence may be made its^
of to introduce material evidence, hot when a
witness has satd all that is material, we shall not
admit that.

Cross-examination.

Mr,5/>n>g. As well aal reooU^li yo9 uidp

©]

fir Pffjwry.

Sir, tbiit tortf AMtn ttrrifrf vbH to se« his
M jT f — He catted aMi «ie, tnd 1 went Into the
chariot with him ; ne did not carry tnt in, I
Maotejroii.

WeU, Sir, if he did iial carry yoo, yoD went
with him f — 1 did.

Yoa aaid, 1 tfamfc, that you made ao affidavit
Mbre Mr. Cooper, to what jnirpose did you
make that affidavit? ~1 had gireo in an ezami-
Umi ; Fdo not know to what purpose.

Do yoa recollect what you have aaid there
wkh rcMeet to the manner and time of attend-
ing my lady Altham ? — 1 believe I might.

l>id not von say there that it waa In No-
vember ? — I any so now.

Did Boi yea my thAt the chariot liras sent
Ibr you ? — I believe not ; if the master in
ChMocry pot it down that 1 ttas sent ide be
mistook me, ler J remember that aiy ford came
fer nae himself; and I will tell yoa why I re-
member it. I was then in mouminf for ^uecn
Anne, and I had only one weeper on when be
came ; ami he came into the partour and sat
by the fire till the other was put on.

Woold von bare this mtdentood, that if it was
mcDdoned in the affidavit that the chariot was
sent for yon, it was a mistake P ^

Cofwt» HesAys the Master was mistaken.

Mr. Spring. Did not you read it before you I
iworeitr — 1 believe I might.

Mr. Wakh, Pray, Sir, hew long have yon
been a physician? — I took my degree ef
doelor of physic in the year 1711, and I thiuk
that is nhottt 33 years ; 1 have been S7 years a
fellow of the cioilege of pbysictans, and an
honorary fellow above four years.

Mr. ^ring. Upon your oath, Sir, are there
any rula iu your profession, by which a preg-
nancy can k!e discerned from a tympany, or
nay the like disorder ? — By virtue of my oath,
that question would puzale not only the col-
leges of physidaBS of England and Ireland, but
the Royal Society too.

* Jury. Is there suoh a thing as a iaiae ton-
ceptifiB ? — Very often, a molo tliere is.

There is such a thing ? — No doubt oi^ it.

Are the symptoms the same? Have woman
grown big with a false conception ?•— They
have done it.

Mr. Walih. The next witness that we shall
produce to your lordship is one Hellena Mon-
crieffe. We produce this witness, to shew that
in the year J 7 14, she was recommended bv
air Chamberlsine Walker, a famoos man- mid-
wife of this city, to m^ la<ly Altham, whilst
she lodged at Mrs. Vice's, for a nurse ; that
she was hired and agreed with her ladyship ;
had been several times with her on that oc-
casion ; and will give your lordship an account
that my lady was then with child, and the rea-
sona of her knowledge.

Heliena Moncrieffe,

Mr. Wahh. Pray, what haamebs dd you fol*
low?
Bel. Momeri^fih My bttnneas k to attend
that lie-in.

A. n. 1744. [70

Hew long Imve yon IbOewvd tbit busi-
ness ?— Twenty -seven years next March.

TeH what ladies you nave attended that iTay.
— ^iTbe hononrable Mrs. Mary Mooie ; MH.
Ledluw, eounsellor Ludlow's lady, of eight
children ; lady Mountjoy ; lady Antrim ; lent
Beasborotfgh's family entirely.

Well, did you know air Cfaamherlame Wal-
ker?— Very well.

What profession dkl he Ibllolv ?«— Mid«
triiery.

Do yon remember to have mfi him In the
year 1714, anv where? — I did, Bir*

Where ?— In SuftVrd-str^t.

When iKd yoo meet him there? — ^To the
best of my Jntowledge, in and about November,
or hemntrtg bf Dev^mber, 1714.

Where did yoo meet him?^In Btaflbrd-
street, at d Jew's house, one Solomon.

Had you any disooerse with him there?

Mr. Malane. My lord, I objadt lo that aa all
HIegal question.

Mr. Wakh, I insist upon it to be a legal
question according to the evidence opened, that
she Waa recommended to my lady by him ; ia
not it proper to aak what diacoorse he had
with her on that occasion ? '

Mr. Mtthne. It ia proper to examine her to
that fact, but they have opened it a great deAl
further.

Mr. Waith. Did yon see lady Altham ?-^I
bad the honour of seeing lady Ahham.

Where did you seo her ?^I saw her first
at doctor Walker's at tliat time, he was doctor
Walker then, and waa after knighted in the
duke of Grafton's time, and he spoke to me,
and recommended me to her ladyship; and
said if I had a mind to nurse, he would recom-
mend BM to a very good one. 1 made very
little of it then ; 1 was giving suck iu January
to a chHd of six months old.

Did you go lo my lady Altham ? — I wds
three difierent times with her ; the hist tifida
she talked to me a good deal dboot her being
with chiM, and what tim^ she reckoned. Says
she, 1 am at a loss, as I have had some illness,
how to reckon ; and then she lifted dp her night-
gown, it was of'satthi, with green fioWera in it,
and shewed ine her belly: Your iadyshi|l,
says 1, se^ros to fate aa big as any woman gone
seven montivs.

And did she say she was ?--She said, she be*
lieved not «

Jury. What thike waa thia ?-*In Jammry
1714-15.

Court, flew many times were you whh my
lady ?-*Three different times I was #ith b^r.'^

Did she lif\ op only her night-gown, or all
her clothes?— <>my her night-gown.

What was it ^ou said to her thea ?-»I iM
her that I thought she waa as big with child Aa
any lady that was six or seven months gone ;
and she said herself thatshe 'waa net so long
with child as seven ihonths.

What were yon recommended for lo her ?«^
Amirae.

By whom ?-rfiy doolor Walftdr.

Tl] 17 GEORGE H.

A wet nnne or dry nurie? — ^A tret mme,
8ir.

How came yoa not to accept of that nora-
Ing f — As I went there the last time I met two
or three friends, and they asked me where I
was goiog? 1 told them where; says ooe,
MoDcrieffe, take my adf ice, lord Altbam is a
bad man, you have no necessity, and do not
engage ; and for that reason 1 went unto tier
no more, but heard she wenti>utof town.

What reason had yon to belief e she was with
child ? — By her appearance and conversation,
and the laying my hand upon her belly, I bad
leason to i>e1ie?e she was with child.

From these circumstances, as you are now a
woman of skill, can you positiTely say she was
with child ? — Upon my word, I do not know
either of the gentlemen, it was Mr. Arthur Hill
brought me into this by telling it by accident
above two years affo ; but upon the word of a
Christian, both by tne judgment that I have had
since and before, my lady Altham was as much
with child as ever I was, and 1 have had 21
children.

Mr. Walsh, Do you know Mrs. Heath ? —
So far I have recollected, that the last time J
breakfasted with my lady, there came in a gen-
tlewoman they called my lady's woman, she
looked opposite to me, and she was athin-&ced
black woman at that time ; and there came
Mrs. Tilhy, a mantua- maker, an eminent man-
tua*maker at that tiqae, and brought a gown
with her, but whether my lady's or no I can-
not tell ; but she stayed at the dining-room
door and asked me what I was doing there.

Tdl the disGonrse yoa had with Mrs.
Heath. — I had none at all.

Did you see her there ? — I saw her come to
tdl the mantua- maker was come to her lady-
ship.

Do you remember what lady Altham called
her ?— 1 do not remember upon my word, I
know she was a thin black woman, very
swarthy, and had black hair.

Mr. Daly, We admit that Mrs. Heath was
my lady's woman.

Mr. Walsh. Do you remember on wbat^oc-
casion Mrs. TDby came? — ^To alter a suit of
black siUc.

To let them out or take them in ? — I cannot
tell that ; it was the queen's mourning.

How doyou know it was mourning for the
queen ? — ^The child I was giving suck to was
born the 90th of July, I tulve it in my Bible,
and the queen died in August following.

How many times did you go to visit my
lady ? — Three different times in Essex street ;
the first time she was indisposed.

Every time that you camS there did you see
this l«dy ? — Never to my knowledge but onoe ;
1 had no reason to retain it.

[Cross-examination.]

Mr. Oaly, You. waited on lady Altham, had
ouever seen her betor^ that time ?-»l had, as
had been woman to lady Loutb| they woe
intimatei and I had seen her*

Trial qfMary Heathy

Where did you wait on her fint ? — ^Firtt I
waited on her m Dr. Walker's house, in Capel«
street.

Where did you wait on her at the time yoa
conversed with her and handled her belly P— At
Mrs. Vice's in Essex- street

What year was that in? — In the year 1714.

What timep — Between the beginning and
33d of January, because I put out my own
child to nurse the 22d, and it was my second
child.

Who shewed you into my lady's room the
first time P — ^To the best of my knowledge a
man servant.

Name him. — Indeed I cannot 1 |[0 very
often to huiies now, and do not know their ser-
vants.

What sort of man was he P — He was an d*
derly roan, I have seen him afterwards.

What time was it that lady Altham and lady
Louth were intimate, and you saw her there ?->•
It was when they were in Dublin.

Wbero did lady Louth lodge P.— -She lodged
at one Farrel'^s upon the Quay.

Did you see lady Altham there P— I did.
^ At what time P — I cannot recollect my lady 'a
visitors.

What year was it P-*-To the best of my
knowledge, it was 1713.

Pray, how often did you see her there P— I
believe thrre or four or five times, 1 know they
were very intimate.

Was there any servant of my lady's preaen t
when you were in the room and handled her
belly P — i cannot tell ; there was no servant, it
is not common now, and let alone at that time :
Yes, there was a woman that went with me,
and she was by.

Was she present P— She was.

Had she any trade or calling P^-She was a
creditable man's wife.

Did she understand midwifery ?-^|ie did
not.

And though it is not common for a servant to
see her lady's belly handled, yet a lady that
went with you was present, you say P— Yes,
she was.

Can you recollect what time of the year
1713 it was you saw my lady Altham at lady
Louth's P — 1 cannot indeed.

Was it in summer P t believe it might be in
Siimmer ; I am not positive as to that.

What was the woman's name that was pre-
sent with you when yon handled my lady^s
belly P — Her name was Classou.

But you do not know the servant that shewed
you up stairs P — Indeed I do not.

Aud none were present ? — None that I saw.

Do you know any person in the house that
has seen you there P— Mrs. Vice's servant saw
me there.

What was her name? — Her name was

Did Mrs. Vice aee you there P*-Sbe did ; I
sat half an hour in her rooiu.

Had she any children P»*I tbkik a girt or
two.

TS]

Jeir Tarjury.

A. D. 1744.

[74

You saw li«r dangfbter P — I believe to ; tbfj
were liule, and her children.

Upon your oeth, did you see lady Allbam
before mchaelroas 1713 ? — I cannot tell, be-
cause it was no way material to me to recollect
that.

When did yoa leave lady Loolh ?— fn the
year 1713.

About what time?— I believe it miffht be Fe-
bruary, for 1 Jay-in of my first child in Fe-
bruary.

Did yoa make any affidavit concerning this
affair?— Yes, Sir.

Before u bom ? — I was brought by a gentle
man to Essex-street to a commission, 1 thiuk it
was, for I know nothing about it : I think
about two years last summer Mr. Arthur Hill
ht^u a discoune about this Mr. Annesley. He
asked me if ever I saw my lady Alt ham ; I
told htm 1 did, and saw her with child, and
be told it to somebody that sent for roe.

What age were you in 1713? — 1 was bom
the ISth of March, 1688.

Was not it in summer before that, that you
left my lady Louth ?— No, Sir, it was in Fe-
bruary.

Did not you say it was in summer ? — T say,
that it was in summer that my lady Altbam
visited lady Louth.

Court. You have attended a great many
women, pray can you tell the ditfereoce be-
tween a false conception and a real one? —
Yes, Sir, by the conrersation of the woman.

But can yon any otherwise ?-^N0| really,
bat by discourse.

D^ you feel the child stir P-^No, really, my
lord, I did not ; but I remember my ladv,
when I said, she seemed to be seven months
with cbiM, said, No, she was not.

What child was you nursing at that time ? —
My aeconit child I nursed then.

Jury, You say, madam, that when you
waitisd upon lady Altliaro, she told you she was
gone about seven months ?— I told her so.

How came you to tell her so? — Because she
asked me the question ; she told me she had
some iIIdcss, and could not tell how to reckon,
bat said she found herself very big and un-
easy : 1 said fcbe seemed about six or seven
months gone with child.

Bat why should she ask you, if she could not
tell herself? — ^Tbere are a great many ques
tions asked by ladies, when they are with
chiki.

Yoa were unexperienced then. Was your
hand opon her naked belly ?— No, above her
under- petticoat.

I think yoa said you felt nothing stir?—!
never said I did.

What was tfce occasion of patting your band
apoa her clothes ?— To judge by her balk ; it
is a mighty common thing.

Yon were at Mrs. Vice's ? — 1 was.

You say voa sat there above an hour ?— I
said half annour.

^oo see any of her children ?-^I think I
aawcfaihifeit

What were they .'—It was a girl.

How old might it be?— Why indeed very
little, about five or six years old; 1 do not
know whether they were hers or the neig^h-
hours children, but they came into her room.

Mr. Duly. How long have you been a
nurse ? — Seven- and- twenty years* very near*
not all out till March next.

Court, Do you know whether you would
know my tad} 's woman now ?

Witnea looks at Mrs. Heath, and says, I
cannot say that I hare any knowledge of
the gentlewoman's face at all ; the woman
then was a thin, swarthy woman with black
hair.

Mrs. Margaret Bushe sworn.

Mr Harward, We call this wituesss, my
lord, to the same purpose ; she was an inti-
mate acquaintance of mv lady Altbam, and will
prove that she was with child, and aherwarda
was deliveretl of a child.

Q. Pray, madam, did yoa know my lady Al-
tbam ?

Mrs. Buthe, I did ; I was acquainted with
her.

Pray, madam, did yoa ever see her at New*
Ross? — I did*

- When you saw her at New- Ross, in what
condition was she?— She seemed to be with
child, pretty big.

Was this madam, at New-Ross?— At New*
Ross.

Pray, madam, did you see her but onca
there, or more frequently?—! saw lady Al-
tbam three times at New- Ross, to the best of
my memory

Pray, madam, in what year, or about whal
time was it that you saw her there ?— To the
best of my recollection and memory, it waa
February, in the year 1714-15.

Have you any particular reasons that indoca
you to recollect that it was about that time?—
Yes ; I was at' that side of the country until a
little before Christmas that year. It was aboot
half a year afler the death of queen Anne,
they were all in moarning when I visited her,
except one or two that went out, and 1 do not
know whether they were in mourning or no ;
and I do believe it was for queen Anne.

Pray, madam, did this lady stay for any
time St Ross, or go any where else ?— The day
I visited her I saw her twice then, first at cap-
tain Butler's ; there Mrs. Butler introdaced me
t.) lady Altham.

Where did captain Butler live ? — He lived in
Ross.

Where did you see my lady next ? — A day
or two after 1 visited my lady at her owk
lodgings in Ross.

Pray, madam, did she continue for any tiroa
there, or did she leave it soon alter ?— The daj
I visited her, she talked of .going out of towa
next morning.

Court, Did she go?— -I do not know, I
left the town in a few days myidf, and did not
ieeherinRo«iailer«

T5]

17 GEOBGE U.

dfMoff Heath f

[76

Mr. Eanoard. How foen did you rfttfm to
K€ir-R(M6?— I was freqneBtl^ there to tod
fivi, fov I lived at my fiitber's wUhin three milee
of it, aod 1 canoot tell hour soon ; but 1 am
•are towards the latter end of the month of
April, and to the best of my memory, either
the Saturday in Easter week, or early the next
week it was, that I went there.

Fray» madam, reci^ec^ whether this lady
was a lady far gone with chiU, or was early in
her pregnancy ?•— She looked bi(|»and that is
all tne memory 1 know of it, and 1 asked her
M^nestions.

Did not you enquire ahont her beiaff with
child ?— Several gentlemen were by, and 1 did
not think it proper.

Do you know of her being deliretvd of that
hif belly ? — I was at my fhther*s» aod some of
his servants went to town

CmiK. Yon must only speak from year own
knowledge, nadami not what yon heard from
any body.

M 1%. Bmh€. 1 wished my lord joy of that
child on the Quay of Ross.

Ilr« Ruorder. Thalt is nothing.

Mrs. Buzhe, I know nothing more of mysdf,
bat tfiegr both told me so.

Court, Madam, you come here to decbre the
irdth, Ibe whole truth, and nothing but the
Irath ; and if you swear to what you beard
from other people, you may swear ialse, for
tksff mi^t deceive you.

Mrs. Bwhe, I may be deceived, but I wiU
awear the truth, and nothing but what 1 know.

Mr. Hanoard, 1 shall put to her a l^^l
^eslion. Frayi madam, you say yoa saw her
mg bellied, did you ever see her afterwards
When aha waatad that big bdly P— 1 did.

Court. How aoeu afler?'-To the best of
1^ racoHaolioB, I will not be positive, 1 saw
her here in Dublin towards the latter and of
Hw moath of June that year.

What year P— la Jane 1715.

In June 1715 P--^To the best of my recoUeo-
tbtty aboatthe latter end of Juae, in the year
1715.

Mr. Umrwatd^ How did she ^pear thea,
was she with child or not?— Sttie was r^ry
akadsr, and looked pale whea I saw her.

Giro an aeoonot of what hmpeafiud When

Joa saw her in Dubha P-^ went to. visit iNer ;
was jost npoB leaving lawn, aad tboaght
inropor to visit her before I weat ; 1 foaad hel-
vadrassed, and she toU me she had been busy
packing up into the country, and wat^ going to
bunmame. It is to no pnifMe^ I find, to tell
you what she told me.

Mr. Matwurd, The natare of all evidence
■Hist be to discover the truth, aadtbescisao
wav of coming at the truth but by the eseealiii
aad oircumBtandal parts of every £iict ; she
BOW aays she vkited my lady Altham in Dab«-
lia.

Court. That is material.

Mr. HarmarSl I auAi her theU, my lord, whe-
tAier lady Altham gave any aooonat of whtft
became of that big belly at her'aS I have a

right, I. think, to know that ; or otherwise our
ears are to be shut against the troth.

Court. If you were upon a trial of who waa
heir to the estate^ your faestion would be pro«
per ; but in a case of peijury, your question ia
not proper, tor what lady AUbam says is no
evidence for or against the traverser.

Mr.. Harward. I would always be in your
lordship'ii jvdgment about the legalitv of any
qoostion, but Ib^ leave to mention what 1 un-^
derstand I have a right to insist on ; I humbly
apprehend I have a right to introduce the ma-
terial part of evidence by every thing that pro*
oedes it and is relative to it.

Court. You have the matorial part of year
evidence already ; the witness says she aaw
lady Altham big-bellied at Ross, and soon after
in Dttblio without a big belly ; that is all she
knows, or has to say that is material ; if lady
Altham told a thousaad people she had a child ,
that is no evidence against Mrs. Heath.

Mr. Harward. What do you apprehend be-
came of that big belly P

Mr. Dafy. My lord, I most insist upon it,
that the witoess's apprehensioiB are no eti-
dence.

Mr. Harmard. lam pretty confident I eatinot
be ^fataken in this point, 1 have a ^ht to
have the apprehensions of every body, on oatb.

Court. I beg your pardon, Mr. Harward,
shew your autMnty.

Mr. Harward, I will, my lord ; I beg leave
to lay it down as .an established rule, since I aii:i
caDed upon, and I hope they will indnlge me
to give account of myself My brd,. i la#
down this as a rule of evidence, thai ia all
crimes whatover, the apprehensions of a wit-
ness are admitted as evidence ; suppose if a
man was indicted for murder, and a witneaa
agaiast him gave account ol' fecit that he bad
seen concerning that murder, it is every day^a
experience to isk that wttoess what lie appre-
hended upon those facts. ^Tbts is the law, and
I must hnaobly submit it to be so, that when ^
witness gives accooat of particular facts, lie
is asked what he apnrehended upon those facts;
bat hecanncHtell what he spiiteiiended unleas
he lays facts before you, which are the grooad
of Ihat apprebeasion.

Mr. Recorder. It is the first time that ever I
heard that a maa is said in a court of law to be
examined to his apprehension of Ihcts by the
prosecalors of a criminal cause; the plm'oiiir
can never ask belief or apprehension ; I ittay^
bialyou Cannot.

Court. 1 see the docttioe, aad whither it
tends ; I Cell you bow I apprehend the law to
bo, and to be very dear ia the point. The ap-
prehension of a witness is asked^ where no
other evidence can be had in ctfpital cases ; as
where a witness is prodaoed to prove a wound
given, he is asked whether he apprehends that
wound was the cause of deadi. That must be
asked, for be caaliottoll otherwise* It is the
best evidence that can be hod in that case, fita
as to a fact, if yoa make the apipreheasimi of a
witness necessary, it takes away aUproaf.ltf iaat

77]

JbrPirptrj^

A. a 17i4.

[78

Mr. liiffwani. Tbem I nnderftanil I am not
to ask Irar any thing canoerniog this big bell^.

C4fHrt. Yes, if iha knowi any tbiog of* it,
yofl may ask her.

Mr. Harw4urd. Aye, b«t M»l from lady Al<
tham.

Court. No, not as to that.

Mr. Harward. Since I am debaired of ask-
iDf tiiat questiooy 1 hope I skali have better
luck in the next.

Pray, madam, what was the common reputa-
tioo of the cooBtry oooceming bdy Altham's
b^iog brought -to-bed?

Mr. Smith, I object to that qoestton, my
lord.

Covrt. You have much more reasoa to ob-
ject to that, after what I have just now ^aid.

Mr. florarar^. I acquiesce also in that, be-
cause that frill settle what hereafter will be a
▼ery great debate, when these gentlemen come
to produce their witnesses.

Comri, The reputattoa of the eonntsy ianot
eritleoce here. Yon lay down yoor roka too
large^ Mr* Harward.

Court, Pray, madam, whore in Dnl^n did
yo« Tiiit lady AKham ? — At whose house I do
Dt/t know, for I never was there but once ; the
chasrasea knew where she lodged, and oarried
me there ; and 1 did not know the name of the
people where they lodged ; it was in Essex-
street I know, a little beyond the post-ofike ;
between that and Pleet-atreet, to the beat oi'
my knowledge.

Mr. Harvard, Do yoo know, madam, whe-
ther there were any preparationo made for her
Ijing-in? — I know, when I was in Ross, the
midwife that was said to lay lady Altham,
came to the house where^sbo k>dged, and sent
oat some wines to my lady.

Court, Do yon know that these wioea went
o'ot to lady Altham? — Indeed I did not send
oot the wines myself.

[Cross* examioatioD.^

Mr. Spring. Pray, madam, you said yw
saw my lady Altham at Ross ? — 1 did, Sir.

1 think you say it was in the year 1714 or
1715 f^ln 1714-15, in February I first saw
her.

Where did she knlge then ?— At Mr. Samuel
Stephens's.

How long did aheremoinin that town duriog
that time? — I cannot tell, for I do not know
whether ahe or 1 went away first

Do you know one Mrs. Butler, that Uvea od
the duay in this town ?— 1 do.

Had yon any conversation with her?

Serf* Marthall, My lord, I must objoot to
that question.

Court, What the witness has said to any
body is evidence against her on cross- examina-
tioo; but not what others have told her.

Mrs. Bu$he, There was some conversation.

What did you*tell this Miss Butler in relation
to fady Altbaro^s baring or not having a child ?
— I tell you what I said on that head. I told
her that o|iob enquiry afler tliia child, some

years after my lord and lady parted, 1 was
told it waa dead, and never heoring any thin^
to the contrary that could conviooe me, 1 al-
ways thought he was dead.

Did you never tell her, upon your oath, that
lady AltUam had had no child ? — I never did ;
but 1 lold her that 1 waa a good while before i
could think, after Mr. Anaesley's coming over,
that he was mv lady Altham'a child.

Court. Genilemen, call your next witnesa.

Mr. Iiobim$. My lord, the next witness we
protluce is Alice Belts, to prove lady Ahhnoi
was with child, and tbo traverser's whole ae*
oount to her of her being with chikL

AHce Bcttt sworn. *

Cburf. Were yoe examined Ott the fbraier
tMialf-^AlicM Betts. Yes, I was.

Mr. Robins. Did you know Arthur loid AU
thnm?^Yee,Idid.

And ladv Altham hiawift?— -Yes, Sir.

Do you know any thing of my huly 's beiM
with chiM ?— Yea, Sir, 1 did. ^

TVll what you know of yomr own InowMgw*
—Why, 1 went te see my hidy at Mrs. Vieo'e
in £ssex«8treet, and roy lord met nse an4
clapped me on my back, and aaid. By €I-hI.
Alley, Moll is wUh child ?

What do vott know of vear own knowMlge
oonceming her being with child ?•>— 1 know, h^
seeing of her with child, and that ie all 1 ee»
teM, by seeinff of her bigy and joked with her,
and wished her much joy, and she did not
deny It.

Do you know Mrs. Heath f-^I hnei^ Mm.
Heath that waited on my hdy, but I eaooot
tell at thia distance whctlicr it he her ; I aan
near-sighted. [The witness geoa nearer to her»
and says, 1 thmk it ie her, to the beet of mj
knowledge.] \

Had you any diooomee with her nbonl my
hMly ? Tell when and wherew<— 1 naed to jokei
with her abeet my lady's bei^g with ehihl at
Mrs. Vice's.

When?— Is Nosember, endefWr.

In what year ? — In the year 1714.

Was it before or after qaeen AniM die4>

After the queen died.

What did she say ?— We uaad te be taHtm^
and joking that way, we were glad my lady
wasv»ith ebikJ; but I never itSMtoaofc Mivw
Heath serieosly about it. It ia no mere then
jest.

Do you know any thing mora of thia wwHsr >
— My lady came one day toeur house.

Whose house was that?— Captain Biiseoe*ak

Were you servaot there?— I waited on Mrs.
Briscoe. And my lord and lady had a Utile
Mling-oot, aad she came in e Kttle pet to ena
house, and went into Mrs. Briscoe's room and
cried ; ahe Oried moot terribly ; and a little
after Mrs. Heath came in with a blue bos iv
her hand with my lady's head-clothes, lor nsy
lady came undressed in a long scarlet cloak ;
and 1 helped Mrs. Heath to dress and uodreae
her, and she had a long silk coat upon her.

What were the words Mrs. Heath said about

fS] 17 GEORGE 11.

ttiy lady'g hein^ with ebild?— I cannot re-
member the partioolar words, any more than
that we were jesting in a little way.

How ? — Yfiijfi we were pleased to see that
my lady was with child ; Mrs. Heath knows it
herself; Mrs. Heath knew me mighty well,
we were intimately acquainted, and always in
my lady's room togrether, dressing and on-
dressing her together, and 1 attended my lady
with her very often.

Did Mrs. Heath ever tell you that my lady
^as not with child ? — No, aiie did not, for I
Berer asked her such a question.

What did she, from her discourse to yon,
appear to t^nk of my lady P

The question objected, to.

Court. Had you any other discourse with
her, about my Mdy's being with child ?— No;
indeed.

Mr. JRMns. Can yon remember the words
Mrs. Heath spoke to you ? — 1 cannot remem-
ber the words ; but we used to joke with my
lady ; little common way of talking that way
irith *my lady ; and Mrs. Heath and I went
«uce to the Change to buy muslin toge-
ther, and there we were talking of my lady ;
and Mrs. Heath knows very well of an aflair
that happened to her and me there.
- What do you know of Mrs. Heath's know-
ledge about my lady's being with child ? — 1
have no more to say than that.

W hat is that ?— That she did know that my
lady was with child.

How do yon know she knew it? — ^Because
we joked about it, and we were praising my
lady, as tt is the way of waiting- maids lo please
their ladles oftentimes : indeed it is.

Court. My lady, you say, was in Bride-
street, at Mr. Briscoe's, when you dressed her P
—It was there my lady was dressed.

Yon say that ahe was dreised there ; did
she lodge there then P — No, at Mrs. Vice's, she
came there in a pet, because she had a falling-
out with my lord ; ' she called Mr. Briscoe
lather, and came to him wiih all her griev-
ances.

How did she come there ?— In a long velvet
hood and scarlet cloak, Mrs. Heath came with
^the box, a littje blue band-1)OZ.

And was it'^there that this jesting with her
wasp— There and at Mrs. Vice's too.

Mr. Robins. Did you make any obsesva-
tions about my lady's size? — She was a mid-
dling woman, full-breasted here, and swarthy.

How did her belly appear P — As a woman
with phild, and it was very easily seen.
. That was in November you saw her? — It
was, when my lord told me she was with child ;
1 saw it then, and I saw her all the time she
was in Dublin.

Court. Was she a broad woman ?-«£he was
a foil -made woman, very full- breasted and
high-hbped.

Mr. Kobim. Did her belly alter P — I never
abserved any way, but that she was growing bi^.

Court, How soon did you see h^r agam
after she went from Dublin P— ^evcr again.

Trial of Mary Heath,

[80

How long did she stay in town from the first
time you saw herP — I believe just before
Christmas, or after, she went out of town.

Can you tell how long after you first saw
her, it was that she stayed in town P — 1 cannot
indeed.

Can you name the particular times you saw
her P — ^i cannot.

Mr. Robint. Did you ever see my lady un-
c^ressed ? — ^Twenty times, dressecf and un-
dressed.

Who used to dress and undress her P — ^Mrs.
Heath, and I with her, when she lodged at
captain Briscoe's first

How did my lady's belly inorease ? — ^That la
a thiog impossible for me to tell.

Did you observe a difference P — Yes, I did,
that she rather grew bigger than otherwise.

[Cross- examination .]

Mr. Recorder. When did my lady come to
captain Briscoe's first P — In the year 1713, I
believe in October.

When did she go away from Briscoe's P— I
think she went to the country with my lont
just behnre or just after Christmas, I cannot
tell exactly, in the year 1713.

Now 1 ask you, did she go from Briscoe's to
the country P— No« she did not ; they weot
from captain Briscoe's to Mrs. Vice's, for our
house was too little, and my lord had a vaat
number of people afler liim.

How long did they stay at captain Briscoe'a
afVer their reconciliation P-— I do not know
whether they stayed four or five days, I cannot
tell that itself.

Did they stay two or three daya ?— Two or
three to be Mre they (lid.

And they went from your house to Vice's f
—They went to Mrs. Vice's.

When did my lady return again to Dublin f
— She came* up the latier end of the summer.

What do you call the latter end of the sum*
merP — My lady was io Dublin at August
1714, when the queen died.

Did you ever dress my lady but at captain
Briscoe's P — I never did at Mrs. Vice's.

But at Briscoe's you did ? — ^^I dressed her
after she lef\ captain Briscoe's.

When P — ^That day that she crtne to our
house thst my lord and she had a pique.

Never but that time P — That was the time.

And you did not undress her at Vice's P — I
was then but a stranger ; when I went to Mra.
Vice's it was only to visit her.

Did you ever dress or undress her at Mrs.
Vice's ?— 1 never did.

Court. I thought you said you dressed her
twenty times at captain Briscoe*s P*ir>Yes, and
so I did.

When was that P — ^That was some time be«^
fore Christmas, in short dirty days ; for before
we had done dinner it would lie night.

Mr. Recorder. So that the i^e you dressed
and undressed her was about Christmas P — I
cannot justly tell the month ; it was in tlia
short dirty days.

81}

Jbf Perjury.

A. D. 1744.

[88

But was it 10 December P— I cuinet tell the
month. Is not it a long time to remember 30

Wss it after the qaarrel that raj lady came
to Jf r. Briscoe's hoase ? — It was.

When did that happen? — ^Before or after
Christmas, 1 cannot tell the time.

Do you know the reason of that qaarrel? —
Mjr lord gave her a slap on the face ; Mrs.
Heath knows.

Were yon by ? — No ; bnt my lady said so.

How lon^ then did my lady stay in town ? —
She went out of town in the year 1713, before
Christmas.

When did she leave town the second time ? —
Either just before or after Christmas she went
/rom Mrs. Vice's to Dunroain^ and I never
beard of her since till now lately.

Did vou ever speak to Mrs. Heath about this
% belly? — Nothing but what I told you, I
oever ssked lier seriously.

Did you ever pat the question to her, whe-
ther my lady was with child or not? — No, 1
did not ask her seriously about it.

Had you no other discourse about tt? — We
had oooe but what I told you, and that was
joking ; telling and pleasing my lady that she
vas with child ; and Mrs. Heath and 1 laugh-
iog, and pleased it was so.

Court, Did you ever see my lady after she
went into tfae country the second time ?— Never
after; and that was the year 1714.

Mr. Recorder, You say my lady came to
town in ^ufgust ^ — She was in town in August.

Did you see her in August ? — I cannot be
positive to tlie month.

When you saw her. in l^ovember was her
bdh big ? — Not very big.

Court. If ad you had a child at that time ? —
No, but I was with child, for I was married the
S4th of Ausrust, and quickened at that very
lime, and that makes me remember November.

Mr. Recorder. Was my lady's being with
child so visible in November that any body
might know she was with child •■ — Indeed, I
believe so ; I saw it, I know.

Did Miss Henrietta Briscoe visit my lady at
this time, in November ? — I believe so, I know
sh)e came home before then, and the small-
pox was at our house, and she leflt the house.

What sort of girl was Mrs. Cole then ?—
A pretty young lady of a good size.

What size ? — Not so iNg or.so tall as she is
now.

Did she grow much afterwards? — To be
rare she did.

I ask yon again, did not she grow much
after? — She did.

Court, Were you a servant in the same house
ifith hpr ? — I was.

Mr. Recorder, What age might she be then ?
—I cannot justly tell you, she was not at her
full growth. .

About what sge do you think she was? —
I cannot tell. How can I tell ?

Was she 13, or 14, or 20 ?— Twenty ! no,
she was not twenty.

VOL. xvm.

Was she 14 ?- -Yes, to be snre she w<uu

Did Mrs. Cole visit my lady at that time T
-—They allvisited her, and my lady came con-'
stantly to our house ; but she was at her annt
MoncVs at the Green, because of the small-
pox. ^

Did she stay there all the time my lady was
in town ? — She used to come now and then.

Was my lord Altham in town in August
1714 ? — I es, he was along with my lady.

And was he here in November r — Ves, be
was in November ; it was in November I saw
him.

Was it in November he told you that my
lady was with child ? — It was in November,
after the queen's death, that he told me my
latlv was with child.

I ask you, upon your ostb again, was my
lord in town in August?— Yes, lie was. He
was in town all the while that my lady was in
town.

Court, They came to town togfether?— ^
Yes, they did, as well as I can remember.

Now, you say my lord came to town in
August ; did not you swear upon the former
trial, that my lord never was in town from tlie
time he went into the country after the recon-
ciliation, till November 1714 ? — I assure yoa
the trial is not right, it iS wrongly, falsely,
printed.

Jury, Did you ever 6nd the lady out of
order, as women commonly are, ^ when they
are with child, when you were dressing and
undressing her at captam Briscoe's ? — I never
did.

You say you thought she was with phild ?
—I did.

Did you see her out of order ? — Yes, Sir, I
saw her big belly.

Did you put on her shift ?— I helped to pot
it on, and her stays too.

Court, Call your next witness.

* Marj/ Sutton Bwom,

Mr. Mac Manut. The next witness prodnceil
to your lordship is to the same point, to prove
my lady Alihani's being with child.

Mr. Mac Manus. Did you know the late
lord Altham ? — Maty Sutton. I did indeed. •

And the lady Aliham ?—- 1 did, upon my word.

Where do you live now ? — In the county of
Kilkenny.

W here there ? — In a place called the Rowree.

Pray, Madam, were yon ever atDunmaine ?
— I was indeeil once. *

Where did you live then ?— In a place cSlled

When did you 6rst know lady Altham?--!
knew her when first she came to Dunmaine. '

What year was that in? — I cannot ezactfy
tell the year, hut 1 knew her with child, and
saw her with child.

What were you at that time? — I was a
farmer's wife, living in the neighbourhood.

How came you to go to Dunmaine? — My
lord frequented my house, and often invited me
there.

8SJ

ITGGOlCGfi n.

(jfMury Haalif

How fkr ditteiil wu yo«r houie firon Iliui-
SiaiDe ?-<-About two miles.

Did yoo ever dine there P-*I dined there
diat day.

What day ?— That one day that I visited
myjady.

Did any thing particniar happen that da^ P
•—When 1 went in first, there was none but
iny lord and lady in the room ; I was glad of
U, as 1 was but a farmer's wife, that there was
no more company ; and aAer dinner the

R' lasses were laid round, and a bottle of wine
rought upon the table. They called for my
lady^B toast first ; and she toasted Church and
King. They then called for mine, and 1 toast-
ed The Boy in the Basket, roeaniog my lady
Altham*s being with child.

Prav, can you recollect what year this was
in ?-><>• 1 cannot well tell, but as well as I can
remember, it was afW the queen died, lor t
was in mourning for the queen.

Do yon know of any enqoinr made by my
lady about hiring a nurse ? — Alter dinner as we
were drinking the wine, 1 sat by my lady ;
and she said, Mrs. Sutton, as yon are acquaint*
ed with the countrv, can you recommend me
to a good nurse r I told her— —

Mr. Daly. What she tohi my lady Altham-
is no evidence.

Mr. Mac Manut. My lord, this is very full
evidence ; she is telling of a conversation that
jKSssed between mj lady and herself concern-
in^ my lady's bemg with child, and her en-
quiry aftef a nurse.

Court. Did yon see lady Akham at that
timef — I did.

What did yon observe alwot her? — I ob-
served her to be big with child.

When was this P — ^It was the Monday or
Tnesday before i^hrovetide.

In what year?— I cannot exactly tell the
year, but it was one of tlietn two days.

Mr. Mae Manu$, My lord, I apprehend
this question to be a proper and material one.

Court. The question is, whether I will exa*
mine the witness to what my Isdy said, whe-
ther she was with child or not.
« Seij. Titdall. My lord, any circumstances
of my lady's making baby -clothes, or cuquify
about a nurae, is evidence to prove that she
was with child.

Court. Not at all in this ease.

Mr. Mac Manut. I aj^reheud that pre-
sumptive and circumstantial evidence is the
strongest evidence that can be given in tb^s

Court. Yob say tliatyou have positive wit-
nesses to.Uiis |ioint; U you have, we shall
readily hear them. Have you any other that
are positive testimony to lady Althsm's having
a child, or that she iniscaffied P' The first as-
signment of perjury is, whether lady Altham
ever was with child while the traverser lived
with her ? The question then is, whether my
lady's saying she was with child is evideoee
upon that pomt P If yoo will argue the ^ues-
tiiUf 1 will hear yon.

'Court, Might not the womair ippear to^
yoo to be with cbiM, and might not fa^ so P—
To all appearance she appeared to me to be so*

Aod might not she be not with child P — I
cannot tell, Sur, she appeared to me to be big
with child.

Was it certain that she was P— There was sa
much certainty of it, if one can believe their
eyes.

Do you know that she hired a nurse P — Iih
deed 1 do not know it ; I cannot say that.

Seij. Tudall. My lord, we apprehend we
have a right to have this question answered.
The question proposed is. Whether she knows
any inquiry to be made by lady Altham to hire
anorseP

Mr. Daly. Indeed if you had asked whe*
tber Mrs. Heath made such an inquiry, there
would be something legal in it, but mquifiee
of a third person are most Illegal evidence.

Court. We are not trying the lyiation of
this lamily, who is heir to the estate of it, but
whether Mrs. Heath is guilty of perjury*
There 'is much more reason to keep to the
strict rules of evidence in this court tnan ever
was ; the time of trial is short, snd we cannot
adjourn. Have you any real, positive evi-
dence P

Mr. 3f AfoJias. We have prodaced positire
evidence that my lady appeared to be with
child.

Pray, Madam, in what degree did abe ap*
pear to be with child P— Very big with child.

Mr. JU^iJlinnia. Why then the next nature)
question is, whether there was an ioquiry about
ar nurse P

Mr. Daly. My lard, is this a lefifal question
in this case ? I have not an opportimity to
cross-examine what a third person says, aod
shall that be evidence to deprive me of my
estate P Ask if Mrs. Heath oaade any enquiry
about a nurse.

Serj. TiidaU. The qnestion proposed ie,
whether she knows of any enquiry made by
lady Altham for hiring a nurse, of her own
knowledge ?

Jury. Do you, of your own knowledMy
know any thing of the hiring a nurse P — 'So,
gentlemen, 1 do not.

Mr. M^Manui. Did my lord and lady ever
visit you P— They did, upon my word, and had
the child with them.

What child P — A boy, master James w.e
called him.

Pray, whose chihl was itP— Tt wss the\r
child in all appearance, for my lady was very
fond of the child as any mother could be.

Give an account of what passed about that
child, as to a uy particular instsnoes of fondneai.

Mr. Daly. Yoo caoikot ask that question ;
it IS Res inter alioi acto, and foreign to this
woman's prosecution.

Mr. M^'Manui.^ Pn^y? bow old was be P^-
I believe a year and half, and if a month mote
I cannot exactly tell.

Whcu was this visit made yott P-^^t ciimpt
exactly tell, it was a very fine ugf ,

»J

for Pifjwrjf.

4lf tb« year was it P— In harrcat,
(he Iatter-<od of barreit.

How loqjr wai it belween tbe time you aw
aay hdj witE cbiM, aod tbe time jr<m saw bim
at your borne ? — It was more than a year.

How old WM tbe cbitd wben you saw it? —
It wai a year and balf old wbeii 1 saw it.

Court.' How did my lord and lady treat
that cbild ? — Am a father and mother would
treat their cbild ; and my faidy was as (bnd of
bfin as a motber could be pf a child/ kissing
aod embracing bIm, and calltnc' him dear.

In what year was that t — ^Nay, fbitb, it is
bird to leH.

You must tdil. — 1 beliere ibe cbild was bom
in tbe year 171$i I think be was, as Well as I
etn remember.

What reaaao baire yon for thinking so f —
By tbe brtter end of April after I was to risit
bo-, I heard masi day UMt abe was brought*to*
bed of a son.

Were yon by at his birth ?— I was not 1
bard there was great joy and bonSres.

Did you fee vLb bonfires f — No, I was not
there.

Mr. M^Mamu- Bow came they to bring
10 joaog a cbUd to your bouse? — When my
bdy came, abe said, Mrs. Sation, since you
would not bring yonr daughter to see my son,
I brought my son to see your daughter.

Mt.Recprdtr. I insist that the dedaratioB
of my lady in no efidence at aU. ^

Court. Gentlemen, we are of o{4nion that
tiie declaration of Jady Altbam is not efidence
sgaiust Mrs . Heath, and therelbre do noi let us
waste oi|r time so to no purpose.

Mr. Solicitor. We are mistaken if we
woold put tbe declaration of lady Altbam as
c^enee, bat we have a right to know the wit*
IMR*! tpprebension of ber declaration.

Mr. M^Munus. This witness has spoke
^fff materially, that my lady bad a big-belly,
aod was with chWA ; I hope tbe jury Will take
notice of it, that being one of tha assignments
^tlie pegufy.

€tPii*eicawinalion«

Ur. R. Mdone, I think you have s^d that
lord Altbam frequently ii>?ued you to .Don-
nuae ?—He did.

And you were never there but onpe ?— Ne«
Terbntonoe.

Yoo said that nobody was there in tbe roam
bat them two ?— Yes.

And that you were glad of it ?— Yea.

And that a bottle of wine and glasses weve
brought, and my lady toasted. Church and
Moff?-*Idid.
, You gare a toeat after, of Tl^e boy in tbe

Now I ask you, before your giving that toast,

was the^ any conversation about her being

wiihchildi or any thing said about it?— Not
at all. ^ » '^

Was you told in the mlour that she was

^itb child?— !9otjM4ii (herewaanodiaaoarsf
afubntafter,

A. D. 1744. [8a

What condition of life wvre yon in?— My
husband waa a farmer indeed.

Who did he derive hia intercat nndar N-tfa-
dam Plgot

How much land did he boM ?^He paM lot.
a year to Madam Pigot at that time.

How much hind had you ?— It waa an old
lease, we held above SOO acrea.

What was tbe land worth an acraf— Why,
really, at that time it might be worth four sbn-
Ktogs an acre.

You say that they fVequentlv visited yon?-^
My lord did, but my lady tiever was there but
once.

When they visited you, what time of tha

J^ear was it ? — As well as 1 can remember, th*
atter end of harvest.

Do you know tbe year? — lamnot tell.

Was It the barvast after yon viaited thcai ?r-
No, not at all.

Was it more than one ?— It waa man tbas
one.

Or two, tbrpe, or four bfter?— O dear! 11
was not so much ; the child waa i^bout a year
and half old, or within a month or two, I
cannot exactly tell.

jCan yon say in what resgp it was?— Rcfdiy,
I believe it was after queen Anne died.

In what manner did they go to yonr boose ?
—My lady roda in the chariot, aoo had a maid
that carried tbe cbild, and my lord rode with
servants.

What was tbe servant's name in tbe chariot?
—She waa a good tight, clean, wetl-dreased
giri, and that ii^ all I know.

In what manner was tbe cbild dressed?—
Ha bad a red coat, and oambrick frock, and
fine quartered cap, and I tbink, a red ribbanil
in it.

Was it a eoat and breechea?— Not a coat
and breeches; a frock.

Where do you live now ?— I live now in tba
county of Kilkenny.

Where there?— In the parish of ftowree, al
BallyTally.

la your husband living?— My husband la
not living.

00 you live by yourself there ?— I live with
my daughter, and we live under my lord
tfonntgarret.

What harvest Is this yon speak of whan
my lord and lady went to your nouse ?^— It is
so long ago, it is hard to know, I mu^t atudy a
while to think of it.

How can yon recollect to the being at Dun-
maine to a day, and not now recollect tbe year
they went to see you ?— As it dkl not meddle
with me, I did not mind it. *

Jur^. Do yon know any thing of Mrs.
Heath P— I never bad any acquaintance with
ber, I beard my lady had such a woman.

Court. Who do you call next?

Mr. CaHaghan. My lord, we will now pro*
doce one Evan Thomas ; he is a basket- maker;
he saw my lady with cbild, saw her increase
in ber pregnancy, and made the cradle aft^
she waa brought tp-bedi and was paid for it.

87]

17 GEORGE IL

Evan Tkomoi tworn.

Trial of Mary Heathy

[89

Mr. Callaghan. Pray, did you kDOW* the late
lord AUhanf P

Evari Thomas, Yes, and please yoa.

Did yoa know my lady ?— I knew her very
well.

Where did you live in the year 1713?— In
that year I lived in Ross.

Where did you live in 1714? — I worked in
Boss the most of the year 1714.
' Did you see my lady in those two years ?—
1 ha?eseen her at our church some several
^mes; in the year 1714 I have seen her there,
^ the best of my knowledge.

How often did you see her there? — I seen
ber two or three times, to the best of my know-
ledge ; but she might be there oAeoer, for any
Ihin^ 1 know.

. Did she appear to be a slender woman, or
with child ?— She appeared to me as if with
4ehiid,.to the best of my knowledge. .

Did she appear to be big with child ? — Not
«o v:ery big because of their hoops ; I saw ber
lianded Jnio the coach, or tbe chariot, or one
^them.

What trade do yoa follow ? — I am one that
snakes all sorts of basket-work that are made
in the kingdom.

Mr. Daly, What, all sorts of basket-work?
—1 do not say the best of all sorts.

Mr. Callaghan. Did vou ever do any work
for lady Altham ? — I did.

Tell what it was?— She sent a servant to
me.

Court. How do you know she sent him ? —
He told me.

Did you carry any work to her house? — 1
did not.

What was it you made? — I made in the
year 1715, to tbe best of my knowledge, a
cradle.

^ Did you carry it to lord Altham's house ?—
Ko, please your lordship, I did not.

Who did you deliver it to ? — I delivered it to
'a man.

Name him.— They told me be was one
Rowley, a house steward.

Did you know him? — I was nothing ac-
quainted with the man, but he told me

Do you make the same kind of cradles for

^poor people as for people of fashion ; what sort

of cradle was it? — ^A good cradle, I delivered it

to the servant, as I suppose, his name was

Rowley, I was told so.

Did you see the cradle carried to any parti-
cular place ?— No, be look it from me out of the
bouse and gave me two crowns for it.
. Jury. What became of the cradle? — I do
not know, but he took it away.

Court. Wkefe is Rowley ? — I do not know.
,. Mn CalUighan. For whom did you make

.4bat cradle ? — Why, the man came to me

.. Do yuu know whom vou made it for? — He
.'bespoke it for my lady Altham.

Mr, Harward. It is straoge to my imagina-
Imii, my lord, that it thould be suspected, that

a man employed SO years ago, to make a cradle,
could be guilty of any contrivance.

Court. But this contrivance mav be withia
ibese four months, these six months, or these
twelve months, and if hearsay -evidence will
convict a person of any crime, it may of trea-
son, and who is or can be safe ?

Mr. Just. BlennerKasset. If you have Row-
ley, there would be something.

Mr. Harward. With submission, my lonl,
the Court cannot know whether we are but of
the way or not ; whatever secrets are in this
cause are only revealed to us by the managers
of it, and we advise them in the best manner
we can to prosecute it.

Court. As the time is far spent, we only beg^
of you to go on in yoiu* own way. Call your
next witness. r

Martha Tenant sworn.

Mr. Harding. My lord, I am instructed that
this witness was in company with lord and
lady Allham the winter after the queen's death ,
and saw my lady with child, and that she wa^
quick with child at that time.

Court. I never heard that there was safety
in a multitude of witnesses ; 1 have heard it,
read it, and you know it, that in a multitude of*
counsellors there was safety, but never in a
multiplicity of witnesses.

Mr. Solicitor. For my part, my lord, I think
we have established very fully the first part ot
this indictment, not to take up any more time i
but curiosity makes people glad to see the bot-
tom of it. ,

Mr. Harding. Pray, did you know Arthur
late lord Altham?

Martha Tenant. I did not know him, I saw
him once, and to ffiy knowledge never since,
nor before.

Did you know bis wife? — I saw her at tb^
same time at dinner.

Where did you see them, and when ? — I saw
them at one Arthur French's in Fleet-street,
they lodged in Fleet-street.

When was it you saw them there?— I will
tell you how 1 came to visit there

What year was it you saw them there?-—
Well ! I cannot justly tell the year, but it was
about the time that they were Whig and Tory,
and that way.

Pray, recollect yourself. — 1 believe it was
about- ■! cannot exactly tell ; I believe the
year queen Anne died, there or thereabouts.

Was it before or after the queen's death f —
And that I cannot tell you neither; but Pll tell
yoii the time of the year, it was about Christ-
mas, but I canfiot tell whether 17 14 or 1715.

Did you observe Tvhether my lady was or
was not with child? — 1 will tell you what
brought me there, the vvhole truth is this : Mr.
French, every one knew, married my lady
Davis's daughter, and she was a relation of
mine ; and upon the marriage I entrusted hini
money, iEind went to dunn nim, tod wheki I
came' there I savv it great dinner and prepara-
I tioQA makiog^y and ittked th« reason of it. . S4yft

89]

for Perjury.

I, what is the meaning of all these doinj^fs, and
Toa have not sot your wife's fortune ioto your
hands yet ? It is very ill done of you

Tell what you know of lady Altham there.
Tell what yon know yourself. — 1 will tell vou
all I koow myself. I stayed there, and wncu
diouer was over 1 saw in the drawing-room my
ladv Ahbam as they said she was.

Did yoo know her ?— Not I indeed.

Cao yoo say it was she ? — ^They said it was.

Bot voQ must ooly say what you know?-<-
lYelly f caanot tell you any more then.

Did any remarkable incident happen while
joo were at dinner there ?

Court. Did she take the title of lady Al-
tham f — -She did, and my tord was there.

Did you ever see them before P— 1 never saw
them liefore or after, nor knew none of those
lords or ladies.

Mr. Harding, What sort of a woman was
she? — A lust^ woman, but my lord had two
eyes at that time, and they say he had but one
after.

What did yoa obsenre of my lady that day P
—She came out after dinner and was sick ; she
came into the drawing-room and they unlaced
her.

Who ? — My lady Altham, she was called so,

Mr. Harding, Inform the Court and the
jory , whether any remarkable incident happen-
ed while you were at dinner there. — She was
taken sicK after dinner, and came out into the
drawing- r^ro, and we unlaced her, and my
lord said, Mrs. French, it will be your turn
soon to be in the same condition ; and that is
all I had to say.

What ivas the occasion of his saying so? —
The occasion was, that Mrs. French was a new-
married woman.

Mr. Reorder. She says, she did not know
cither lord or lady.

Martha Tenant. Nor the young man, nor
the old man.

Mr. Harding. Inform the Court, whether
any body fainted away, and whether any ac-
cooot was siren of that.— My Udy was sick,
and nnlaoed, and my lord said, Mrs. French,
It will be your torn next ; and that is all I
know.

Anoitaee Toole sworn.

Mr. Morton* We produce this witness, my
lord, who is a mantua-maker by trade, to prove
that she made a silk gown for lady Altham,
and fitted it on in the presence of the traverser,
and that my lady was then with child.

Mr. Morton. Did you know my lady Al-
tham ? — Anastace Toole, 1 did. Sir.

What bosiness did you follow ?^. Mantua-

Were yoo at any time, and when employed
by her to do any work for her?— I lived with
Mrs. Wright the year that qoeen Anne died,
for nay hosband went to live in the county of
Carlow ; 1 went to her the latter end of the
year 1714, ^deeu Anne died in August, and the
Caadtenas ioUowADg— —

A. D. 174*. (96

What year?— The Candlemas after qoeea
Anne died. And my mistress sent me with the
coat.

To what olace?— To Dufamaine.

What did you observe when you went there?
—That her ladyship was big-bellied.

Did you ever fit any gown upon her ?— I did.

Who was present when you fitted the gownf
—Her own maid, Mrs. Heath.

Would you know her Jf yoo saw her ?— Yet,,
that is she, I believe.

Now, pray, what condition did my Udy ap-
pear to be in then ? — Her ladyship seemed to
be in her last quarter, or pretty nigh it, for she
was a tall woman, and carried her belly vefy
well.

Cotirir. You observed that she was biir-bsl-
lied ?~.I did.

Had ;j^ou had a child at that time?— I ha«r
had a chiki and had buried it.

Were yoo an apprentice girl then ? — No, my
husband waa gone to Mr. Wall's in the coonty.
of Carlow, and I worked with Mrs. Wright.

Mr. Morton, Were yoo married at thai
time ? — Yes, Sir, I was.

Yoo were not an apprentice ? — 1 was not.

Do yoo know any more of my lady's being
with child ?W— I saw mv lady in lloss with tho
child, and made a coat for the child. ,

How long waa it after that yoo saw the
child in Ross ? — 1 cannot tell how long.

Who gave you the stuff* to make the coat for
the child ? — My lord himself, he bought it at
Mr. Harvey's.

What stuff was it? — One side was a bios
sattin, and the otiier a yellow.

How long after y(Mi fitted the gown on my^
lady was it that you saw this child at Ross ?-• s
After my lady came to my mistress to lodge In'
Ross.

Was it three months, or four months, or six
months ? — Oh ! it was more to be sure.

Can vou tell how long ? — I cannot tell more
than what I know.

Was it a year after you fitted the gown that
you saw the child at Ross .^— It was.

Was it any more? — Indeed I cannot justly^
tell you as to that part of the story.

Was Mrs. Heath present when you fitted on'
the ffown ?— She was bv, and me me a pieoo^
of wliiie ribband to tie tne shoulders of it.

Had my lady left my lord at this time whe»
you made the gown for the child ? — She had.

Was it a new gown Tou made for my lady,
or did you alter an old one ?-*It was a ne«r
one, a new white damask.

How often did you see the child, and where r
—Never but once.

Where was that ?— At my mistress, Wright's.'

Where is that ? — At her own house in Koss^

Was that before or after the coat was made
for him ?— It was after.

Did yoo never see him before ?— I never saw"
him before, but that one time.

Court. Did you see the child at the time toy
lord gave you the'8|lk to make the ooat ?— N0|'
my Mvdi 1 did not*

91]

17 GEORGE II.

Trial of Mar^ Heathy

[93

Mr, tUcm-dtr, How long afier yon made
tbe goWD was it you saw a child ?— ^l caonot
justly tell how long*

Did you do! say It was a year ?— I believe it
was.

Was it more, a year and a half, or two yean ?
-rl caoDOt tell whether a year and half, or two
years.

Was the child weaned?— He was at that
lime. %

1 ask you, upon your oath, was it two jears
afler you made the gown ?—• •! cannot jostly
tell you how long ; it was two months after
my lord gave me the silk.

But I must know how long after yon made
thegown for my hidy ? — I cannot tell that.

When was jt that mr lord gave you the
rown for the child P — After vny lady came to

flown

Ross.

When did she come to Ross ? — 1 do not know
when she came to it ; I know she came on a
Sunday evening.

Where did she lodgfe when you saw the
fftiild ?—• She lodged fit Hoss then.

Where there?— At Mrs. Wright's.

Did you hear of the separation of my iord
and kuly? — I did.

Was It before or after they parted that yon
•aw this child at Airs. Wright's?— It was after
tfaey parted.

Who brought him io Wright's ? — I caooot
tdl who brought hidi.

Did my lady lodge at any other place before
•he went to Wright's?— Yes.

Where, and how long ? — At captain Butler's,
I believp six weeks or two months.

Where did she go from captain Butler's?—
She then came to my mistress's.

How long did she stay there ?— To the best
of my knowledge, a twelvemonth.

I^en was it that this child came?— After
•he had been a considerdble time at Mrs.
Wright's.

How long ?— I cannot tell how long?

How old was he?— About two years old.

Was it half a year after my lady ca^ie to
Wright's that you saw the child ?— I cannot
justly tell you.

Do you know Mnf. Heath P— I have seen
ber before ; yes, 1 know her.

Where was the first time you saw her ?—
The first tiuSe I saw her was at Dunmaine,
and every day after she came to lodge at my
mistress's.

Jury. You say you saw a child at Wright's
tbout two years olu ? — I did.

Whose child was it you saw there ?— My

s, Sir.

hdy'

Who told you It was. my Udy's child ? — ^My
mistress, Mrs. Wright

Did my lady herself tell you it was her
child ?-^r had no conversation with my lady.
J watf forking at doctor Elliot't on tbe other
vide of the way.

CourL Are yon foipg^ gentlemen, to th«
fame point? ^

Mr. Mac Manu$. 1 believe, my lord, every
eviflenoe that goes to the first point, will go to
the second.

Serj. MankulL The next evidence that we
shall produce is Anne Bennet ; she was a ser-
vant to Mrs. Giifard of Bally sop, a lady who
appeared at a former trial ; she lived with her
some years, and often saw my lady with child,
and heard her mistress talk of her being big-
bellied.

Jmrne Bentut wwmn.

Serj. Marthall, Did you know my lord and
lady Altham P — Anrie Bennet, Yes, 1 did.

When did you know them?— *The latter eni
ol'the year 1714.

Where did they live when yon knew them f
—In Dunmaine.

And where did you live then ? — I lited al
Ballysop.

With whom there ?— Mrs. Giffiurd.

Can you say in what circnmstances ladj
Altham was, in respect to her health, when
you knew her ?— When I saw her first of alf,
gentlemen, it was about Christmas time, whe*
ther before or after I cannot tell ; and th^ next
time it was after Christmas, and she looked
pretty round ; and I said to mv mistress, had
my lord and lady never a child r No, says she,
she nev#r had.

Court. Did yon see my lady with child ?•*-•
I tbonght she looked very round, my lord.

Can you say whether she was with child
or not ? — Indeed I believe In my heart she was.

For what reason did you think so^ — Be-
cause I was the mother or a child mysalf, and
knew how she was, she took a distaste' to tic-
tuals at the table.

How old were you then ? — ^Twenty years of
a^, I was the mother of a child, and a mar*
ned woman too.

You do not appear now to have been thai
age at that time ?— Indeed then I am 5S yeara
orage.

Do yoQ know any mdre than that?— No.

[Cwas«a¥aminati— .]

Mr. Tx Hunte* Yon say you Hved with Mra.
Giffanl ?— I did.

How often did my lady Altham visit Mia.
GiffardP— 8ke vintad time limes while I waa
there.

And how often did yoor mlstrcsB visit my
lady ? — She vikited my lady twice.

Was there any great intimacy betweea
them? — There was no great intimacy, mora
than that.

Did yonr mtstrem lie in while voirirere In
the service ? — She never did, nor I do not be-
lieve she had a child after I left her.

When did yoo leave her?— I left her in
February, 171A.

And row long belfare bad she had a child ?•*«
I cannot tell, the child was running about.

Was she with child in your time ?— I can-
not tell whether she waa with childi for T did
sot wash fur her.

93]

Jbr Perjury,

Seij. Manhall. What reason bad joa 1o
induce ywa to beliefe lady Altham was whh
chiSd ? — Because she took a distaste against
Tictuals, and was very round.

Did yoa see ber after in any place P— Never
saw her before or after.

Cixurt. Whoni do vou call next ?

Mr. Soiicitor. I bafe taken up a witness,
ooe Edmond Howletts, who brioffs the matter
directly home to the traverser. My lord, be
is a pedlar, a man that sells dianer, and other
dotba abonl the ooantrv, and lie will shew
that she bought diaper ror the cbUd's ose just
before the birth.

Mr. Edmond ' Malone, Every one knowa
that tlie material perjury is tba birth, and if
they had not a mind to raise a dust, they
wonld go to thai directly.

Edmond HowUtts sworn.

Sol. Gen. Did yoa know my lord and lady
lltbamf

Edmond EowUiti. Yes, I did. Sir.

Do you know any thing of a child that they
had?— Yes. 1 did, Sir.

Give an aoconnt of wbal you know about
it. — TTie first time I was resorting that bouse
with goods on my back, and the first I sold
there, there was a woman there, a waiting-
maid, they called Mrs. Heatli.

Do yoo know her ? — I do not know whe-
ther 1 wonld or no.

Well, go on and tell your story.— And she
boo^bt a piece of diaper from rae for my lady's
service against her lying in. There is a brogue
npoo my tongue. Sir, I cannot speak very
prrcier.

nhat did she binr the diaper for? — ^The
diaper was provided for lying in, for clouts.

For whose lying-in ? — Lady Altham's.

Who told you so ?— The woman they called
Mrs. Heath.

Would you know her if you were to see her ?
—I did not see her these many years.

Do you know that gentlewoman there? —
She is fatter now than she was at that time.

Is that she ? — ^Why, Sir, I could not swear.

Is that woman like her? — Why then, she
is like her sure enough, to the best of my
knowledge.

How often did you see ber before that time f
—Scleral times after that.

What time was that? Recollect as near as
yoa can.— Why then, Sir, it was a little aAer
Christmas.

What year? — ^I believe it is SO years now,
to the best of my knowledge.

Do you keep any book of your business ?*^
I do not keep a book, nor I do not know bow.

What goods did yon carry to sell ? — I carried
Unen cloths, and cambricks, and holland, and
han^keicbieifk^

Do yoa follow that trade now?— 1 lefl off
that tn^ about seven yeara ago.

How long did yon follow it ? — I followed it
35 years, and I was a castomer at that honse
that time.

A. D. 1744. [(^

Did 700 see any thing relating to this child
at any time after thatr — After that, T wan
there. Sir, and my lady Altham, and ber maid,
and the nurse, and the child were coming oat
of the pleasnre garden, and when they saw
me they went back, and tliey bade me come in
and open my pack there ? and my lady bid
the narse'ask what she wonld have ; and said,
Mrs. Heaili, we will see if be has a white Silk
hood or handkerchief, and she bongbt a white
silk handkerchief, and i^d border about it.

Was it bought for the nurse ? — It was.

Who bought it ?— Mrs. Heath cut it ol* of
my piece, and paid me the money that wj
ladv gave to her.

And who gave it to the norse ?— Mra. Heath
gave it to ute nurse before my face, and ngr
lady bongbt a ribband, and Mrs. Heath pat it
on the child.

Pray, give an accoont, do yon know any
thing else about the child r Do you remember
that my lord and lady parted ?— They parted
to my sorrow, Sir.

How so ?— Ttiere was four pounds two shQ-
jings due to roe : m v lady bought a piece of
hoUaod for five pounds five sbillinffs, and she
gave me a guinea in part ; and the day the
dispute came between them I was going that
way about some affair of my own, and I
heard of it within half a mile of Donmabe.

Howfbr did you live from Dunmaine?-^-
About two miles I lived from them ; and 1 was
going about my business, and 1 beard tbeneiaiey
there was a great deal to do ; and on acoonnt
of my money due to me, I went to the house
to see after it, if 1 could ret It ; and when- 1
came near the bouse, all the servants were
going to and fro, and I was looking on thetnt
and I saw my lady in a coach or chariot, 1 do
not know which it was. God forbid 1 shoald
wrong my own soul !

Court, Take care that yoa do not ; hnre a
oare what you say.

Hawktts. I stood there and saw my lailF»
and Mrs. Heath, and the child in the ooacn.
My lord came do^n stairs in a great paask»»
and asked Where was the child ? And some ef
the servants said, My lady has it in the coach ;
and just aa be was going to throw down every'
thing about him, be took the child from her*
And my lady said, Pra^, my lord, did not you
sive me j^our word and honour that yoa wodid
let the child go with me wheresoever I woidd

fo ? says she ; and took ber white silk bend*
erchief out of the place where it was, and
wiped her face, and kissed the-cliild at parting.

Did you see Mrs. Heath there ; was she
present at this transaction, or was ^e not?-*
She waa the same person that was with my
lady Altham that day.

CourL Did the child go in the coach f «— Net
at all, Sir.

Jtcry. What day was it that this happened f
— ^To the best of my knowledge, it was Snu*
day,

1 ask ypu the day of the month f-^-I do not
keep the month at ail, I am no schobtr.

»5]

17 GEORGE 11.

Ttial (if Mary HeaXh^

E»a

What time of the day was it ?— To the best
of my knowledge, about ten or eleven o'clock
'in the morning.
' Was it a coach or a chariot? — I cannot tell.

[Croes- ezaminattoo. ]

Mr. Spring. How long have you heen a
dealer in the linnen- trade ?

HowUtit, I belie?e these 85 years.
How old are you f — I am 55 years old.
Where did you live at the time yon saw this
«hild ? — At Ballyteskin, within three miles of
.Ross.

Where in 1713 did you live ? — I cannot tell ;
I am no scholar.

Where in the year 1718 f — I cannot tell that
year; I do not understand your years that
way. , ,

Where did you live twenty years ago ?— In
the town of Ross.
Do you know one Eleanor Murphy ?— «I
. did, Sir.

What relation is she to you ? — 1 have one
Nelly Murphy a sister of mme.

llow lon^ has she heen married? — I believe
she is married these 20 years, or near it.

Is not she married 30 years?—! cannot tell
' whether she be or no.

Is she married 29 years ? — Indeed I cannot
"tell, Sir, whether she be or no ; I was not by
when she was mamed ; she married in the
' comity of Dublin here.

What name did she go by 30 years ago? —
Only her own name.

Vl^hat was that ?— Howletts.
What name did she go by 29 years ago ? —
^ I believe Howletts.

Can you write or read ?— No,^ I cannot, Sir,
and I am sorry for it. '

Were you ever agent to any gentleman in
' the county of Wexford ? — I am after looking
after jM>me land belonging to Mr. Baily.
Were you ever agent to him ? — No.
Did you ever make any affidavit by the
' nameot agent to Mr. Benjamin Baily ? — ilah !
Did you ever call yourself agent? — My
lord, it was a mistake if 1 called myself so.
Who drew that affidavit for you ?— I cannot
' tell any such thing.

^ Court. Now tell me troly, who wrote that
affidavit? Did yon make an affidavit? — Only
what 1 swore before the commissioners.

Who were they? — Upon my word, I can-
not tell.
Mr. Spring. Was there a paper wrote for
' you to swear, or pot your mark to it? — Hah 1
Did not you swear an affidavit before Dr.
" Stopford in August last? — Yes, I do not know
' but J did.
^ ' Bnt you know whether you did or not? —

Tf hy« I believe I did.
*-^ Was it read to you before you swore it?—
^ It was r^d to me sure enough.

Who read it? — ^There was a gentleman
• ihere.^ -

WI|At is. his name?— 'Somebody belonging
^ 1k>oIr, Anncsley.

What is his name, man?— Upon my word I
cannot tell.

Upon your oath, who was he? — Upon my
word 1 cannot tell the person.

Court. Gentlemen, this man was asked wlie*
ther he made an affidavit by the name of accent
to one Mn Baily ; he would not answer for a
great while, but seemed to prevaricate, and at
last said it was a mistake if he called him;ielf
an agent. He then was asked if the affidavit
was read to him, and afler some hesitation
owned it was read, but does not say b}' wlionij
but says he was sworn by Dr. Stopford, in
August last.

Mr. Spring. Upon yonr oath. Sir, who was
it that read the affidavit to you?— -I cannot tell
you, upon my oath.

Was it drawn in Dublin, or the county of
Wexford ?— To the best of my knowledge, in
Dublin.

Where was it drawn? — 1 told you all I had
to say.

Who wrote it for yon ?— Ifl knew that, *I
would tell you. There was a clerk there.

Who was he? — Somebody that was belong-
ing to Mr. Annesley.

Did you tell all you knew in the county of
lyexford, or city of Dublin ? — In Dublin.

Did you likewise tell it in the county of
Wexford?.-! did not till I told it here.

Was your affidavit read to you ? — ^Yes, it
was.

Who read it ?— 1 cannot tell.

Were you there (telled dgent to any body,
and whom ?-.-It was a mistake, if I wss.

Were you called so, or not ? — I told them I
minded some land belonging to Mr. Baily.

Court, Did they call you agent, or iiot?-^
To the best of my knowledge, they did not call
me so. All the world knows 1 was no fit man
to he an agent to a gentleman.

Mr. Spring, Had the coach two wheels, or
four wheels, you saw my lady go away in ?
—There was four wheels.

Was it open like a chair, or close? — It was
close.

Do you know the difference between a coach
and a chariot? — 1 cannot tell the difference.

Yon say it was not open ? — I know it w^s
not open.

How many horses were there ?•— I cannot
tell, I think there were four or two, I cannot
tell which.

Was it four, or tvro, or six ?-- -Two or four,
I cannot tell u hich.

Who was coachman? — One Dennis Caun-
ton.

How many brothers and sisters have yon
that are witnesses in this cause? Have you
ever a sister that lived with ene Macnamee ?-- -
I cannot tell whether it was or not.

Did yonr sister Eleanor Murnhy live with
Macnamee? — I cannot tell whether it was or
no. ^

. Do you know any body she lived with f — It
was from captain Butler's at Ross that she
went to lord Altham's.

8T1

A. D. t7M.

£9S

DoJmlEMlPtheliiMftbftttbe wetotthflM?
•^Indeed, if I bad koowD thif trouble, I would
haow m great deal more oi'it.
• Was it before or after you aold fbe Hum
tkac your aiatei* w^ot to tbe aervita f-^Sbe was
not there tbe first time I aold tbe clouts, aod
she went tbere a Itttle atW. ^

Couri. Did you travel tbe kingdom romd
witb your liuens ?-^OBly tbe county of Wex-
ford.

Comrt, I am sulrpriavd tbeDj that you do not
kooir the difference between a coach and a
ebariot.

Mr. Spring, Do you kn^w thu graaiadipaa
of tbe sun ? — ^I do.

Where did yuci \irk then?— I lived then at
BsUyteakin.. I do not know but I was in the
boose of Dunmaine that day, and coming home
wiibio ha4f a miia of my own houaa when tbe
eehpse came npoo me.

Were npt yoo in Dnnmaiae boose Ibait day ?
•-I am not sore I was there, I was tery near
them I am aure in tbe road home* '

Say apow your oath, whether yon were net
ia the house of Dunmatoe tbe day of that
eciiiiae f— I cannot teN whether I was or not.

Was it before or after that eclipse that yaor
sister went to lite there ?«— Why it is wout
May the eclipse came, or the latter end of
ApnH ; it was before that ahe went to life
there ; it was before.

Where did she go to lira aHar 'she lefl ford
Altbam'a ?— I thiok to one Frank White.

And where from thence F— The time she
M lord iUtharo'a the went to btr own fbthcr's.
Court. This witness has sworn ? ery mate>
rially , if he has awern true.

ficfj. MafUkaH. Tbejiext wifbent I am in-
ntraetH to prodnce, is one Newton Ricketts,
a enaefa- maker, and be will prore to your lord-
ahfp thatkidy Ahham waamery big with child ;
that ho after waa at Dunmaine, aod employed
by k»rd Alcbam to make a ftmr- wheeled ebalse,
aod at the saaiie time my lady employed bim
to make a little chair for tbe child. ^

Newton Rickettt sworn.

8eij. Mar^olL DM you knew Arthvr late
lord Ahham f-^Newtm RiekttU, I did.

Did yoo know his lady f — 1 did see ber, Sir,
and waa ae^aioted with her by name.

Where did you see lady AlthamP-^I saw
her at Dunmaine.

Can yon recollect at what time yon taw her
ther«> ?-^Aboot 89 or 31 yeers ago.

Which was it ? — It is 89 years ago.

ti&tt long were you acquainted with ber at
Douroaioe? — I was acquainted whb her for
three yeat^.

Herolleet as near is yoo can, how long ago
it ia. — It was 33, or 39 years ago.

Do you recon^cl wheii queen Anne died ^-~
I do not know how iong a^o if ia^

Can you he snre bow long ago it if since >^o«
knew mylaflyat DiSmmaine?-*-! think il ia
St yetfra, I cannot n^mctthar the y«ars^ d^
months, or weeks. • -

VOL. XVIII.

' What trade do yoo prafem, firitod N-I pro*
fen to be wheel- wrigbt and coach-maker.

Were you erer employed by kird Althara,
and whenP — OfUntimes, for two or tbi^
years, working at tbe house from time totiAio.

Did yoo do any particohir pieae of work for
himf— I made a little toy-cbair for a child
that was there, that waa called piaster Jamaa
Anneslev that time in tbe boose.

Who betpoke that chair f^Tbe lard Akitti*
desired 1 should make it 7\and mv lady and hn
both came to the aoatb-hooae where I wad to
work, and desired me to make it.

Where waa my Ihdj at that time ?-*-At]tai.
maine.

Was it be or ahe that ordered von to make
tbe chair for tbe child?— My lord dheeted ash
to make h at the tiihe my lady waa at Don*
maine.

Juty, Did mt loid speak to yoo himadf ?
He spoke to me himself.

Court. Did bo teU yoo Whose child thia waa f
I never ask questions when I go to gentlemen'o
houses ; when I see masters and mimes, I gueaa
they are their own.

Seij. MnirthalL »Wbo8e child did yoo take it
to be ?— The lord and lady AlthamS child.

What did my lord Altham M\ hiiki P— Hi
called him Jemmy Attnesley.

How wtt the child dresaed P— Dresfeed as a

S^ntfefhan'a soft, or youingt mastielr shoold be
reased.

bidyott te« the dhitd fl^eHtTyf— I taw
him Tcry often at Donmauie, and at a^er^
placet beaides.

How did itoy Itdy behave to the child P—t
think aa a mother behatea to a thild.

Mr. Smith. Htk- b^barioor is not more m»*
terial than ber #ords. Words are eafcpmaiT^
but behaviour doubtfol.

[Cross-examination.]

Mr. Dafy. fiow maAy vears ago is it siboa
this chair was bespoke .^—'1 bdSere about eighth
and^twehty and a half; eigbt^nd-twenty and
six-months, or nine-and-twenty, I cannot tell
indeed Which.

Did you see the child at that timo for whoni
It waa to be made P— I seen the child ? I did, JSir,

Could he walk P— He just began to walk
that time, about two yaara and half, or quarter
old.

In whose care was he P— One Joan LaAm
took care of hiiu, f believe.

You will consider at tbe time this chair waa
begpoke from you, tbe child was in tbe care of
Joan Laffan P— Yes, Joan Lafikn took care of
it, I think.

Pray, will yoo tell me another thing, caA
you name any servant in the house at that
time? — I believe there was one Martin Niefl(
and Antbonv Dyer, and some other servanla
that are dead and gone.

WaaNieff preMotP— I beiieve he was, and
ChiHes Magber.

Seij. MarthalL Are you sure of thUtP^^
•la awo^ I thitak thdy worn.

H »

17 GEORGE II.

Trial of Mary Heathy

[100

And Joan lAflTaii was the peraon that took
care of the child ?— I think the did.

Mr. Daly, Do you know one Mr. Georse
Mizon of' Newton, in the county of Wexford f
^Ido.

Now I ask you upon your oath, had yon any
discourse witk him concerning the birth of
Ibis child f— Upon my oath, I}do not remem-
ber it.

* flad voa with Mr. Henry Miller ?— I do not
Mnember I had.

What age are yon ?— I am firar-and-fifty and
odds.

What age were you at the time of making
the chair?— I was twenty-fonr years of age.

Did you work for yourself then ?— Aye, and
Ibr my father.

Where haveyoa lived e?er sinceF^Withm
four miles of Wexford.

The Mune of the plaee ?— Bretherty.

EHuihetk Doyle sworn.

Seij. Thdall. Did you know lady Altham ?

£. DoyU. Yes.

Whei« did you see her ?-~At Dunmaine.

Did you ohaenre any thing particular about
her P— 1 obeerred that she was with child.

How do you know that?— By her big belly.

What time was this ?— In March.

What year ?— About the time of the queen's
4oatb.

Was It before or afWr the queen died?—
After.

Have you no other reason to know my lady
was with child ?— Yea, she hired my mother to
muse the chUd.

Were you by ?— Yes, I was.

Did your mother nurse the child? — No,
tke took a fever, and could not nurse the child.

Where was it that my lady agreed with her ?
At Dunmaine.

Who nursed the chiM after, do yoa know ?
—I cannot tell, Sir, of my own knowledge.

Do you know Mrs. Heath ?— 1 do not know
Mrs. Heath ; my lady desired one Mary to
bring a glass of wine to my mother, and that is
all that I know.

Waa any body present but you when your
mother was hind?— I remember nobody but
my lord and lady.

Wes my lord by ?— Yes, Sir, he was.

What was your mother's name?— My mo-
thtt's name was Elisabeth Richardson, and my
father's William.

What was your fhther? — ^Hemade bricks
for my lord, and fbr squire Loflus, and a great
many genth^men.

Where were you bom?*-I was born in
Waterfcird.

Jury, How near did yon live toDonroaine?
I Iked no nearer Dunmaine than Waterford.

£Crofli-exammatk>u.]

Mr. Le Hunte. How okl are yott?->-Aboot
rix-«nd-tbrty.
Mr. 9mUL YouiMty, I think, that yoa «kw

lady Aliham at Dunmaine and with child ?—
Yes, Sir,

Can you recollect the particular time ? — In
March.

What year was it ?-*Indeed. Sir, I cannot

tell.
How many years ago is it ?— About thirty

years ago.

How old were you at that time? — ^I do not
know, but I know how old I am now.

How old are you now? — Six-andfbrty.

Where did you live at the time you saw mj
lady at Dunmaine?— In Camolin.

How far from Donmaine is that ?— I believe
about twenty miles.

Upon what occasion did you come to Dun*
maine? — My father was making bricks; he
was digging the clay that time.

How came you to come so far to see your
father ?— Because my friends were in Water-
ford, and they were going to leave me there.

Who were present at the hiring yourmoflier
for nurse? — None present at the hiring my
mother but' my lord and lady, and only the
woman that my lady called Mary.

Who wi ' '

own maid.

Who was she ? — 1 cannot tell, except her

%Zl

IVay, then, what part of the house was thu
in ?— In the left-hand parlour.

How came you tf» be in that parlour ?— By
reason my lady desired my mother to come in*
. Was'tLat any business of yours?— I was
along with her.

What do you call the left-hand parlour? —
The left-hand parlour, as you come from the
big door.

When did yon see the house of Dunmaine f
—I have seen it oftener than once.

How long is it since you were there last ?—
I forget, Sir.

Pray recollect, wu it in July, August, Sep*
tember, or October last, or not?— Why then
indeed I cannot telL

Was it last summer ?— It was.

Were you carried there ?— 1 was.

By whom ? — I rode there upon a horse.

What company occasioned you to go there ;
who deaired you to go there or sent for yon ? —
f went there by the reason that I wasdeshfeit
if I knew any thing of Mr. Annesley, and I
went there to give an account to Mr. Annesley
what I could tell.

Who took you there? — ^A man 1 hued took
me there.

Who sent for you ?— Madam Coles desured
me to go along with her.

Was Madam Coles there. ?-She and Mr.
Coles too were there.

Who was it you s)K>ke to there oonoeming
this affair ?— 1 8poke4i> the gentleaifn in the
room.

What gentlemen were there ?--*Coun8elkMr
Fitz-Geraid, and Mr. Annesley, and Mr.
M*Kercber, and Mr. Coles, and Mr. Kennedy.

How long had you been absent from Dun-
maine ?— I believe about twelve yeue er thir<-

Wl]

for Perjury.

A. D. 1744.

[l(tt

Did joo tike |iaiiieQ]tr notice the lait tf me
yoa were tbeie of Ibe home ? — Indeed < I did
not.

I aak JOO, wbeiber yoa did not make in af-
fidarit toocbin^ tbii matter in August list ?—
Indeed, Sir, 1 did not.

Did joa tell Mr. Limbert, tbit von bid
i^ett dMcoteriee to mike to lord Angfesei 7 —
No, Sir, I did not.

He. WaliiL My lord, we sbill produce one
that lit ed io the neighbourhood of Dunniiine,
aod who often visited lord and Udy Altbim,
vben my lady was big with child, and iost be-
fore her lying ioy who will give your lordship
miifaction that sbe was with cbild, and that
beitw the child often after at the hodse,

James Sinnci sworn.

Mr. FkM. Pray, Sir, did yon know lord
Altbsm ?
Jama Sinnot. Yes, $ir, that lived in Dan-

Did yon know him when he lived there f—
Yet, Sir, 1 did.

Were you acquainted witl} him ?— I was
scquiinted with him.

How near dul you Jive to DonnMine f-^
lifed within six or seven miles.

Were you acquainted with my lady Altbam f
—No, I was not acquainted witn my lady, but
awheronoe.

Where ?— Standing at her own door.

Can yoa recollect the time }rou siw her ?—
1 believe I saw^ her, for I rode with a gentleman
there, Anthooy Colclongb, she came to the
door to speak to Mr. Colclougb.

How dkl Mr. Colctougb address ber?— The
Udy Altbam, Sir.

Whei was tbb? — It was in Febroaiy or
March, I cannot exactly tell.

la what year f — This time thirty years will
be sooo, to the best of my remembriDce.

Wbcie waa it you saw her ?-- -I saw her at
the door.

Did you take any particular notice of her ?—
1 took notice of her that she wss with child.

What reason have you for say iiur that?—
Because she seemed big-bellied to me, that is
all the knowledge I have in them sort of
Uiioips.

Did you see my h>rd Altbsm after ? — 1 saw
lord Altbam after at my father's house, and at
bis own honse ; he dmed and supped at my
Cither's.

Did yon know the person you saw was lady
Altbam ? — 1 did not know her, but as Mr. CoU
dou^^ told me it was lady Altbam.

Were you ever at knd Altham's after?— I
was.

Did yoa see ever a child there ?— I saw a
child there.

What brought yoo there ?^-I went with a
geoticman there.

Did you see lord Altbam then ?— I saw lord
Altbam, Sir.

And yoo law a child there?— I sawaebiM.

Sir.

Whose was it ?-^Lord AHham ordereA that
he Rbouhl be brought up to the table to us.

Who wss it that was with vou ?— To tha
gentlemen who was with me, that ha might
see liifl son and heir.

Who was be ?— Mr. Ivory.

How was that child dressed ?— I casnot wn*
collect.

Do yon know where mv lady wis at this
time that yon saw the child P^-L do not know )
I did not See h«r that dav.

flow long waa this alter tou finit saw her t
— The summer foUowiog, May or June, 1 dn
not know which.

OmrU Were yoa ever examined in thaCoort
of Bichequer ? — No, Sir.

Ware yon at Dunmaiae after this ?— I waa at
Dnnmaiae with Mr. Anthony CokkMigh after*
wards.

Did yoa never see my lady but once?— Ne-
ver saw her but ooce.

Nor the child but the one time ?— No.

How old was tha child then ?— I cannot tall*

CooM it walk ?— It oottM not walk.

How often were yoo at Dunmaine after ?—
I was there but tha one time after with Anthony
Colclougb.

How often ware yoa there in all f-p-Nevcr .
but three (imea in lord Ahham'a time.

[CrosB-eiaminaUon.]

Mr. Bradttrut. I think ;oo say Toa never
saw nw Utdy but that one time?— Never saw
her before or after.

What sort of woman was she?— I did not
take notice what sort of woman.

But you took notice that she appeared big?
—Yes, Sir.

Had sbe large breasts?— I did not mind
that.

Wss she a tall woman ?---3be was neither
tall nor short.

Wbst did you foUow then?— I followed
farming then.

How came you to go with Anthony Col-
clougb there? — Because I always kept him
company when be thought it was proper.

Did you hear of any ouarrel tliere was be-
tween my lord and Mr. Colclougb ?— I beard
of no quarrel between them.

Who knocked at the door, when you ani
Mr. Colclougb went there?— Some girl or
maid was at it.

Who did Mr. Colclougb ask for ?— Be asked
for lord Altbam, and tbey told him he was gone
abroad.

Did he go into tha house ?— He did not go
in.

Did he ask to see my lad v ?— He did not
ask to see my lady, he was wheeling off, when
sbe came out and stopped him.

Do yoo remember to see any body at any dsor
seven- and -twenty years 1120 ? — Indeed (do.

Who ? Name them.— liiey were no people
of note, worth remarking.

Were yoa ever before a jury bcfinre ?-•
Never.

108]

nOEOSGB IL

Trial i^Mwry Heath,

[Itti

Jury. Bb sot joa ny that lord AtChan went
to yuur lather's xhoiise, aod dined and rappiMl
there f— He did, and stayed all uight.

Was that before or after my lady was braaght
to* bed ? — It was before.

What time of the year was itf— It was in
Maroh or April ; he was there two or three
liifl[hts.

Was it before that that yon saw her with
cyid f-'It was.

Was she brooght-to-bed then P— Nb, Sir.

Host soon met was it P— I do not know, it
HMV be the May following.

And it was in March or April he was at year
Imnmo? — It was.

Court. Genilemeni have you any ether

Set}. JUdall. Wf bare, my lord.
C^rt. Pray then send for them.

Jama Fitzpatrick sworn.

If r. HarwMurd, Were yen acquainted with
Bord and lady Althana f

Fitzpatrick. I knew them partiool^y well,
Sir.

Play, Sir, did joa know them at Dmmiauie F
^I did, Sir,

Did you live in that ^oantryf— ^Within fife
or six miles of them, ^ir.

Were you frequently at Dnnmaine P-I wps
pffetty often there.

Did you know one Mie. Mary Heath f— I
liaTe s^eq her ^t Dunmaine. 1 oannot tell
irbether 1 should know her again.

Dq vou think if yon saw her yon should
Imow her again P.— I do not thinic I ahonld
know her again..

I>oyou reoiember the naoM Mary Heath P
I do remember Mary Heath very well, Sir.

Now you that were intimately acquainted
with my lord and Jady, as you say, did you
obserre any child in the family P<-^Why really,
gentlemen, I «aw the child very often after my
ndy parted Dunmaine, and to the best of my
memory, I saw the child there one day in the
forenoon while my lady was there, and Mrs.
Klary Heath, I saw her ; and lord Altham was
|rieaseil to be towzing and kissing her, and the
tpid him, if he would not give over, sHb would
qdl to my lady ; and I saw a clean dressed
woman with a child in her arms come to the
place where 1 was, to the best of my memory,
J cannot say positively.

Whose child was it P— I canoofc teH, I took
it to be ray lord's.

What reasons had you to take it to be his P^—
Because my lord had introduced the child to^
me some time before.

Intnniuced him ! How P ' What did my lord
•ay P— I cannot tell the words, but be rotro-
^uced him to me after a tViendiy manner.

How did my lord behave to that child P —
He was very t'owS of him, as fond as of his
eyes, and kept biin like a gentleman's child.

Court. Did you see him in my lady's time P
—I cannot say positiveiy that I taw him inay

lady's time; the greatest fteeden I had wkh
my lord Altham was after my lady's depatture.-

Can you take upon yon to say that liie
child you saw was my lord'a child P— I took
him to be lord Altham's, and my lord had that
regard for me, that he would not introduce ao
illegitimate child to me.

Wbra you first saw thia child, did you aee
it before the separation P — ^To the best of my
memory, I did once.

Can you swear positively yon did P— I can-
not awear positively.

Now, at the time that too saw this child te
the best of your memory before the sepamtMm,
didyoo see Mrs. Heath P*— 1 did, Sir.

Had she the care of any body upeo her aft
that time P— Not as I know of.

Did she take notice of any child P— I cannot
tell whether she did or not.

Did you ever see this child in my lady*i
company P— 1 -never did. Sir.

How did my lord treat this child, did he use
him with foy particular fondneiB P--^I knew
my lord was very fond of him.

Bir. H&rmard, There can be no legal cvi*
dence, I find, hot one that was artually present
arhis birth.

Omrt. You mistake the Geart, Mr. Har-^
ward.

Mr. Harward. My lord, I sm awe I wovid
not willingly mistake the Court, hot what I
contendlfor is, that I have a right te aak thia
question ; I humbly apprehend f have, for it
ia a point of the penury, that there was a child
taken te he my lai^ Altham's child at Dan*
maine. And tbis being the case, I would aak
him whether there waa any child ip the fhmily
as the child of the family r

Mr. Smith, My tord, this is not the point, the
point in

Court. Ask him in the very werda of the
indictment, if you will aak him.

Court. Was there a child of bird and ladv Al-
tham's liviog at Dunmaine while Mrs. H^atb
was there, to your knowledge, as the child of
that family, while mv lady was at DmNiiatne f
— Really, my lord, there was no doubt upon oae
bnt there was such a child.

Can you say positively you saw a chiM there
while my lady was there? — To the best of my
memory, I did see the child while my lady wee
there.

[Cross- ezamioation.]

Mr. LeHunte. Where do yoii live P*— At
Olonghleagh.

How long have you lived there P-*Tlieee
fb'urand-thirty years.

Wer0 yeu exanuned on the late trial in the
court of Exchequer P — No.

Did you know of tl^at trial P— I did hear of
it.<

yHien wss it you first discovered your know«
ledite of this transaction ? — f cannot teH.

Was it before the triaj ? How came yoi| to
be a witness how and not then N—Becauee ^
wao iobpemaed oowy and was not then.

105]

f^Fnjutf.

A. D. 1744.

[108

Did yoo 0fcr wm Mr. Mae|Ctr«h«r?--l
have MBO luoi very oAm.

Did yoo 6e«hini before the triel in ^cetmeiit
ie the Exchequer?— I neterdid.

When did 3^00 %ni lec himf*— I cenaot
exactly teO yoo wheo 1 eaw hinu

You koow yea ere a shilfal mtii «t the as-
sise«, why did yottfiotdiaeioie this matter be-
fore?— U was acMre agaiotl my will that 1 wac
brought in at aH.

Do you know Mr. William Sottoa P-*I do.

la he a maa of honour f —^Ue ia, 1 belieTO.

Had yoa aoy, tod what ditooarse with liim
aboat thta matter ? — i never had any diaoourie

Jvry. Yon aay yoo never mw my lady Al-
tfaam take notiee of the chiU f«-l never taw
them together.

Did not yon say that yon were at the houto
before my lord and lady parted, and saw that
chfld then ?— 1 did, Sir.

Did you know whoie ohild it waaf-^I be-
fieved it waa lord Altbam'a.

Were yoo told ao 7—1 do not know whether
1 waa ar now

How did y«M know then thai i| waa their
child f— J took it for ^nted.

How Md waa the child wb«o ^oq aaw It firit P
—Really, I cannot tell ; about eighteen montha,

Pray, Sir, was it running about ?— It waa la
the ama of a maid or woman.

Waa ahe in the habit or drem of a servant of
dm fhaolly P— She was very dean.

How waa the child dreaiedP^-Oh, the child
waa very clean.

80 you know no more of thia than that you
took it to be their child of your own accord P—
1 was not, nor did not douM it at all.

Mr. Lt Hunte, Are you sure my lady
waa at Dunmaino wheo you saw the child
there? — I saw it at Dunmaine'after the separa-
tion 1 know, my lady 1 believe was not there,

Waa my lord fond of it at that time P— Aye,
and introduced him to me.

IM be mention the mother of tha child P—
He did not mention the motber.

Who waa butler then P— I cannot tell any of
tlM oervanta, nor what servanta 1 kept myself
at that time. I aaw Taylor and Sutton.

JauM Mtfrphy sworn.

Mr. KoUm. My lord, this witneas was sent
Ibr hy my lady Altham to he a nurse, and in
tbe presence of my lady gave the child auck,
and wonM have been hired to nnrae the chitil,
but her husband would not let her aiay io tt'e
hooaCy and my lidy would not let the child go
out.

Mr. JMtas. Did you know my lady Al-
UiamP

Jane Ifaipl^. I saw her bat once In my

When was thi^t P— A hi about t^ or SO yean
this May oomin(^, there or tbereahouta.
Whatwai the oeoimicf yoargoinyt^fee

bar P— My lord spoke to me two or three times
to go nurte this boy.

Did you see ever a child there P— I did, Sir.

How old was that ohild then ?»— About a
month or three weeks, there or thereabouts.

Who wos present when 3^ou aaw the cbild P
—My la<iy, and the woman that brought tha
child into my lady's room.

Do yoo know who that woman was?— I do
DOt know who ahe was, 1 knew no servant but
Bryan Mac Cormaek.

Where did you live then ?— I lived then at
the salt milU of Tyniern, by the sea-side.

How far is that from Dunmaine P — Four
miles front Duomaine. never re<'koned but four.

What was it yoo did or sai<l to my lady P—
I told my lady that my lord sent a mesaeoger
for me to norae the child.

And did you nurae the child P— Indeed I did
not nurae him.

What was the reaaon yon did not P— My
lady would not let roe hare the child out, and I
would not stay in tbe bouse«

Court. Did you erer see my lady beforaf-«i
I never did.

N«>r aince P— No.

Would you know the woman, If yon aaw
her, that Brought tbe child into tbe room ?««•
1 cannot tell whether I wouhl know her or no.

Did you ever see her since P— I never aaw
her since.

Jury. Who nursed the child tha first thvea
weeks P— I did not examine, nor cannot tall.

Mr. Dafy. Whose cloak ia that P— It la mf
own.

Mr. Daly. 1 do at»t believe yoa.

Jane Murphy. Faith, and yon aiay, and Pva
worn a better liefore now.

Mr. Mac Mama. The next wilnesa is Den-
nis Redmond. This witness will prove to youp
lordship that lady AKham waa with child, and
brought to- bed of a child \ that he waa tbe pei^
aon sent for the midwife on that occasion | that
he brouirbt one Mra. Shiel a midwife of Roaa,
to Dunmaine, and that my lady waa delivered
of a child.

Dennu Redmond sworn.

Mr. Mae JMenai. Did you know the late lord
and fady Altham P

Deaaif Rednnond* I did, 1 knew them both.

How came you to know them P— Becauae 1
was a aervaot.

Where did they Kfo tbeot — At Dunmaine.

Did you frequently aeemy lady Altham P—
I did.

Waa ahe, or was she not with ebild durlngp
tbe time of your service P — She was, and all tha
servanta round said that she waa, ahe kioked

as there any young child in that family f
--There waa.

.Whose waa lt?-*Itwaa reputed to be lord
and lady Altbam'a.

Were yon sent to Rom on any, and what ao-
ciston -— f waa, for a midwife.

Who aent you P-^lia. Henth.

107J

17 GEORGE II.

Trial ofMn^ Heath,

[108

Do Yoa know her?— >I oog^t to know her.

Look about and see if you know ber.-»
Upon my word, 1 cannot swear directly tliat
tliat is Mrs. Ueatb, but that was my lady's
maid.

Who sent you of that errand ?->My lady's
maid did.

Did you go for the midwife?— I went for
ber.

And did you bringf her ?— I got the midwife.

Who was she?— One Mrs. Sbiels.

What did you then do ? — I fetched her home
to Dunmaine.

What happened after she came to the honse
of Dunmaine? — Why, after I brought ber
home, 4bat night it was a noise with them all,
Cfery one, that my lady was brought to-bed of
a son.

Did yoa see the child? — ^I seen him after-
wards.

Bow soon after the midwife left the bomie?
—I cannot tell how soon.

Did you see him the next day?— Not the
next day.

Did yoa in five days, or ten days?-^No, I
belie? e not.

Did yoo in a month ?— I did in a month.
. In whose care was it? — I cannot tell, 1 seen
it among the girls, among the servants as tbey

Did yoa know Joan Lafian ? I did.
. And Mrs. Heath ?— Yes.

In whose care did you see it ? Name them
|Nurticularly.— I seen the child with both one
and tbe other se?enl times.

Name them.— Mrs. Heath and Joan Lafian,
sod with other girls that I cannot remember.

Were there any rejoicings the night yoa
brooght the midwife ? — Thm was tbe night
after.

What was the nature of that rejoiciog? —
There was a fire there up in the avenue among
Ihetreesi

[Cross-examination .]

Mr. Dafy. Did you know one Mrs. Hest-
ber that lived in this family? — I did, very
well.

• Did not tbey call ber my lady sometimes?
•^I never heard her called so in my life.

Was not she with child while you were a
servant, upon your oath ? — Upon my oath, 1
cannot tell whether she was or not.

Did not you go\ upon your oath, for a mid-
wife to lay her? — Upon my oath, I never
did.

Do yoo know one Mr. William Sutton of
Longraioge ? — I do. ,

What was be? — He is a gentleman. .

Had you ever any discourse with him con«
corning yonr going for a midwife, and for
whom? — U|K>n my oath, I never had with Mr.
button coDoerning going for a midwife for any
person, not that 1 know of, ^r.

Do you knuw captain Orfeur? — I do..

Had you any discourse , with him ?r-I bad
discourse with him.

Who is he ?-^Be is colonel PalKser'sson-in*
law ; I was there one night after riding a horse
for htm.

What servants lived at Dunmaine at this
time ? Name them ; who was the botler ?-i^lt
is hard for me to remember at this tiuM.

Upon your oath, who was the botler ? — One
Magher, to ^he best of my knowledge, and
there was one Dyer there.

Was his name Anthony ?-^Anthony.

Was he or yon in the service first?— I was
in the service before he came there.

What other servants can you recollect ; do

fott know Mrs. Setwright ?— -If she was there
knew her ; she may be there for me, it is out
of my mind.

Wno was the hoose-keeper ? — 1 do not know
as for that, because there was a cook there
stilL

Do yon remember the name of Setwright ?—
I thioK I remember to. hear talk of her.

Who was coachman ?— John Weedon.

Was his wife there ?-^His wife was living
at tbe bridge betow at this time.

Did Joau lAffan live in the bouse at this
time that .yoo brooght the midwife?— *Upon
my oath, 1 cannot tul now.

What do yon believe ?— 1 dd not know
whether she was or not, for there were several
servants there, and n great many that I do not
know now.

Pray, did yoo ever see this child in the
bands or care of Joan Laffan ?— I did. Sir.

Was not that afier my lord and lady parted?
—It waaafler tbey parted.

Was be ever in her care before tbey parted ?
In her care or hands ?— How ooold I mind all
these things?

You must recoUectt-^Upott my word, I
cannot tell.

What service were yoa in?— AfW tbe
hounds and the hunters.

After them ?— A ve, toking care of Uiem, and
hunt them loo, and wouM to this day, and ride
a horse too.

When was it my lord and lady parted ?— I
cannot be exact. ,

When did yoo bring the midwife there? — I
cannot keep a memory of what year, nor 1 am
no scholar to keep that in my head.

Do not you remember the separation ?— I
remember tbe time they parted, but cannot tell
what day of the week, but I think a bolyday.

What time of the day was it? Was it m
the morning ? — I cannot remember whether it
was or not now.

Did my lady go in a coach, or on horseback?
-—In a coach or chariot.

How long did you continue in the service
after tbey parted ? — I did not stay long there
after. ^

How long ?— I cannot tell how long, becaose
my father and mother were in the town of
Dunmaine, and 1 went to them; open my
wqrd I cannot tell how long.

Where did my lady go ?— -To Ross.

How long did you live in the service in all 9

M9]

Jw l^trjury.

A. D. 1744.

[110

— Aiioat three years, mr foil three years, er
aometbiaf better, to the best of my knowledge.

Had not JooD Laody a child a-narsiiigat
her house f— She had my lord's child apoursing.

Was DOl that child bnmgbt into the house of
Daomaiae after my lord and 4ady parted ?—
He used to come in before and after.

But did not he come in for good and all
after they parted ?-«-He did' come for good
aad all, and was pot into the care of Joan
Laibn.

How came he to be taken from Joan Landy ?
—I cannot tell without he bad done nursing.

How long did you live at Dunmaine before
my kdv came there?— I was there before
either of them came.

flow Umg were you in the service ? — ^About
three years or better.

What time did my lord and lady come down P
—I cannot remember.

How hmg had yoo been a servant before my
lady first came downf — 1 cannot tell how
iongf hot it is three years 1 served in all.

How kmg was you in the service before she
came, and how kmg after ?*i^Let me never go
but 1 cannot remember.

Did not you swear when yon were eza-
nioed on the former trial that yon were two

Ssara in the servioe before my lady came to
nnmaine ?— 1 was there ; 1 cannot be ex-
actly how long.

And bow kmg of that three years were you
there after they came down?— Why, I believe,
to the best of my knowledge, a year or some-
thiu[ better, I cannot beejuet

Will you tell me how soon after they came
down my lady was delivered of this child ?—
Indeed, I cannot remember.

Was it a year, or half a year, or what time ?
ica^ottelL

Were you a servant when she was delivered ?
— I was. '

Were yoa there when Sarah Weedon ^me
downN^i* was there. before she eane into the
place at all.

Did' yoo aad Mra. Shiel dtsooonw as yoo
were coming to Dunmaine?— How can I re-
OMmberP

CouM she speak EngUsh?— She ooold, in-
deed.

Is she alive f-«-i cannot tell whether she is
or not.

Was she an Irish woman ?— I cannot tell
wiiether she was or not.

Jtiry. Yoo say, Sb, that you saw Joan
Landv's chiki in the hoose of Dunmaine be-
fore the separatien ?-^ln the hoose 1 did bock-
wands and forwards.

Did any bodv take notice V it P— Every
one of the family, one from another osed to
handle and play with it.

Did you observe mv k>nl to phty^wkh itf^~
I did, sind was as fond of him as could be.

Now, you say that after my hdy was tinn-
ed away, that imild was aotnaUy broiwht home
to Doninaine house ?-*-Ha was that very
lime. .

And yoo saw my lord fond of him then T —
1 saw him fond of him then, and after.

What became of my lady*s child ?-^Why,
i believe this was my lady's child, they all
said so.

Did not yoo say it was Joan Landy's child
that was brou(|rht to the bouse ? — He did coma
in, the child she nursed.

Mr. Daly. Had not Joan Landy a child ?—
She had, sure enough*

Was not he got by my hnrd ? — ^They said it
was.

Who nursed her child ? — 1 cannot tell, ex-
cept herself nursed herdiild.

Juty. Mr. Daly asked him, my lord, who
was the father of Joan Landy 's child, and he
says my lord was, and that she nursed that,
child.

Sol, Cen. This is a matter ought to be well
understood. The Jury apprebemied the child
this man meant, was the bastard -child of my
lord Altham by Joan Landy ; I desire to know
which child you meant?

Dennii Redmond. I say» there was a chlhl
that Joan Landy had by a sailor, or my lord;
Or somebodyi but this child did not come to
Dnnmsine.

Jury. Had Joan Landy a diild ?— 1 cannot
tsll whether she had of her own body.

Was she with child at Dunmaine while you
were a servant there ? — She was with child in
the town.

Mr. Dafy, By the virtue of TOur oath, was
she or was she not a servant in the house when
my lady came down first ?— By virtue of my
oath, I cannot tell.

Did she live there '—She was in the town ,
to be sore.

Where was Joan Landy when you went for
the midwife?— In her fother's house.

How near was that to my lord's house ?— -^It
was just below the dog-kennel.

Jury. Was not Joan Landy a servant in the
house when my lady came home ?— 1 cannot
tell whether she was or not.

Mr. Daly, Did not you swear on the. trial
in the Exchequer, that she was in the hoose
when my lady came down ? — She may oooso
in and oot, and I am not full sure whether sbn
was or not.

Mr. Smiih. I hope thie Jury will take notice
that he refuses to answer the question. " r

Bir. Duh. Do you remember Eleanor Mur*
phy and Mary Doyle?— Mary Doyle 1 re-
member ; there were so nuioy they went oot
of my mind.

Do you remember Nelly Murphy ?— I cao-
not tell whether I do remember Nelly Mnr^
phy or not.

Cannot yoo say whether you do or no ?— It
M impossiNBto remember, when there were so
manv of them.

Mr. Callaghan, We shall now prodtice
Eleanor Murphy.

Mr. Smith. My k>rd, this vntnem has been
here while Redmond was examined, aad ha»
beaci'whatheiMud upon the laUe; anditiyas

Ill]

17 GEOROE n.

TrM

Heath,

■% Hile taade bjr ybwr Itedihipislhal tb^y thdald
not extmiDe any witneM that tuat into ooaft
beforti Ibey were called.

Mr. NeUvn, My lord, I ecoi for ber to bavie
ber ready, thinking the cross- ezaminaiiun of
BedoKHid would dot bold iong, mmI afat io but
jvaloome.

Ekanor Mutphy aWorti.

■ Hr. CiilhghMn. Did you know lord and
bidy Altbun P— E/eanor Murphy, Yes.

Pray, wtr« you ever at INnmaine?^ -Yes.

Did yoo live tbere as a aervant f— I did.

Witb wbom tberO?-^Witb lord and lady.
Altham.
. Can yM tell wbetbar nay kdy waa witb
cbild at any time, or wben? — I know sbo wia
dtilvtred or a obiHk

How do yon know tbal?--»BeGaaoe I oaai
ber tbe nigbt oho waa Mivored.

OtTo «• aooomit of all yoo know of thot
matter.— >Mra. Heatb oalled me u^ aad do<
feired mo to brin|f op » sauce^pan of wiieri and
bate H warmed.

Coarl. Do yoo bttaw that Mrs. Beetb N-»I
cannot tell.

What waa dbof— Mie wia mykdy'a Wo-
man, waititigf^maid. ^

Well, go on.--^I bfotigbt up the water in the
aaneepani and aet it upon the big fmrHnir ire.
Mrs. Heath called me a little while afler to
brhigitvptothorOiMdiliabrown pal^ and I
went to ny Udy'a room with it, where my
bidy wae upon her kneeak and abe pat ber
finger in it to aeo whether it waa too hot or
«oM I aiid aba teamed eomo brawfy in it to
atrengthen the water, aa I anppose, to wash
tbe^M.

Mr. CiMigkmh Wb^lrt waa Mw. Heath r-*
ibe wae attending my bMly.

Do yoo know St what my lady waa deliver^-
ed P— R waa a ber, for I saw it washed, and
Mra. Sliiele pot her hand ita ber righ^-band
pocket, and brought oot ber aaiaaaie and oot
lie navel -itring.

Who were preeant at tbie bntbP-^Thera
wore ^ great many gentlewomen In the loom
thet 1 did net bnow j hot I knew one of tben»
madam Botler from Rom waa there.

Were there any poblio r^idnge at Don*
maine on riiie eooaaion P-^Yea, the aectood
Bight after the ehiM wee born there waa a bon-
fiio alighted by Mr. Tayior'a order and Mm.

Do yoo remember the chrwteifing of tbfe
dMdlw koetr tber day appointed fbr it to be
cbffieteiled s aboot a eaonth orflio weeka aHer
there waa a great gathering for It of maoy

Wm H cbrieiened P^^-^bNMor Lloyd eeoie
there I eoppoee to christen the cMM.

Wbft wae her-^Ro wae the miaifstey of
Bom, Sir ; f knew him before and after.

Wai it M^. Ideyd that ebtiateoed itf^It
waa bo that ehrieieoed tbeohiM.

Wbel oaioe w*e ififoo t^M^VM. MMb

[112

name down to the ball and told aoiong the aer-
rants, be waa called James Annesley.

Jury, That waa liis christiao name P — Yet,
Jaroca Annealey was bis christian name.

Mr. Cmiiagimn. What name was be cbris*
toned byP-^-Ue waa christened Jamea Ao-
nesley.

Do yoo meao that he waa christened James
or James Aonesley P-— Jamea Anoesley.

Waa that hie christiao name only, or hie
christiao and sirname P — ^That Was the chriatiaa
name and abrname and all, aad they aaid it..

Court, What was be called when he wao
chrielened P*->lamea Annesley be waa tailed
indeed.

Was he christened Jamee AnnmieyP— Ho
wae obrlstoned Jamee Aoneeley*

Mr. Cailaghan. Did yoo ede the child after
at Donmaine P— Yea, I did.

How often, once or twice P-<^8eeeral tiotee,
with Mrrt. H«ith a-dreming of bim, when ho
wottld he aeut for $ and there net er was a
woman lo?ed a obild better than abe did Jamoe
Annealey.

Mr. La JJhoIs. The jory want to know if
be waa chriateoed Jamee Aooealey ?— EileMiar
Mmrpky. He waa dbriateocd Jamee Annealey .

Jury. How do yoo koow that P^Tbia wae
what I heard Mm. Heath tell to all theeofffanta
in the hall.

Mr. CaUagkam. Pray, how long did yoo
oontiooo efter ibia chriateoing ol Dooamioe ?
•^A good wbilb.

How long P-i^I beKero a ^oarterof a year.

Where wes tbet obiM duriog that ttmeP-"^
fie waa oeot to Joao Laody'e oOi to nofae^ aho
took bmi with boK

Do yoo remember die time of my lord aod
haly'a paHinf .^*~I wae niiat there then.

Bat do yoo remember the time?««^Idoodt

Waa it before or after that, that Joao Labdy
got the Ooraiagr**<Aie got the domwg the day
that be woo ebnateoed ; eb?

to to ooiie
him the day belbre.

Where fUdyoo go #beo ydo left DnoOMdoe \
*^l weot to Reeai after I toft Duameioo.

Did you aee the cbild after P— I aesekr earn
the ebiM after, obly dooe^tbtt he oaaio to Roee
witb my lord in the coach.

Do yoo onderataod ^vhat a ebriMioo admo
and what a sirname isP — Yea.

What waa the ohHd'a airAame?«M.Hie air-
name ia Annealey.

And what bia oiriatMli oamef^Hie ohris.
tmto fMBBO ia Jaeaeob

Wad Afllieahiy hieairtieme erobrietiao oaaao
when he waa christened P-^lt wae a eimuM^
Aooerie/.

[Croes-ekaminA(ioo.) .

- Mr. SpHii^. Ten tnev reooHeot who were
preaent wheo the oblld waa born bealdoe yoo i
•^•oere ware aoFfTM.

Name tbem-^^-Madam Butler.
. WheetoeP-^doaotkoow, itiseelofligago^
I ehoold ha? o a good head to remember iheaOi

US} J^rPtyuf^

Do joa rg^eanhM wtie mnj of the senrtntt
bv?— I ramemW BOOM oflheserrantife Mary

Was Mary 0oyle In. tM litiyiiuaf WK M
the roMD, awl Mrs. Heath.

Add wba el8a.fu.Wlif, aaoe feaHswonea,
I camiot tell who tbey nw.

Have aal you aagvoi a aMBMfy saw m a
year afttf-M^ hate boI«

Is not it aa good now aa lael year f-«»I do BOl
iaowhatkia.

IVaa Del Ifaiy Deyle there aad Madam
Butler ?--> Yes, they were.

Bo fea reaienbar any naore f 4^ ^ «el re-
maaiharaf Bsone,

flow loflff had Mary Doyle ban k the saT)-
laee heftre Uw hkthPu^ mmoI teH iadernl that.

What naoke did she go by theaf— Biy Ma#y
Doyle.

She WW ool aarrisd t|ieBf-«*I Hater heaidl

fint?-^!

How hng, fmyP^-^IVhy,«good whHe; I
do not timsnihei heit long.

Haw kagwoBo yen there after «he obild Was
ioni ?— I waa them half a year almost, aol
half a year.

Aod bow learwaayoA there Maea^-Near
hap^ a pearler aefiwe^

What were yea>ia the family f^t #aa Mio-
iry-noid«

Were yeo the head laiiadry nnaid ?-«^ie.

What waa the name ef the upper oBelt-I
caiuMt leaaeniher her .name.

Reeolleet.— f t was a strange sort of a Muud,
I cannot secelbet it

A. p. ITHt

Ctl*

Which of yon waainihe

long do yoa say yon lired in the ser-
ve she biith ?^K«

ear hand.a ^piarteir of
• year.

AmA hew long aAcrP^Ahoalihidf a y^ear.

Wkcre «eveye« at the liouiof^tbe grsat
eatipaa?-*-! da naticooww

Do you remember it ?— I do not rememlMr
ii,biifei

iheribere waa^real'tbttadernod
tain.

Do not .yen asnen&er the gveai rriisa^ so-
^mal yeara affo?*^! do wal remember it oow,
bat I reaMBsSer ihwadeaeMiraiB.

How came you to sewenijber hq# year whs^
yoa do netieoMmber newjl-M.Wlif ».adial^did
inwimjahsi then?

Mr.5j»ri^g. The eclipse..

f ask yoet, npao-ysiiB mtkt wbeaa^en .Here
at tbe lioM of«ilie ioeliMed**^ waa nl oafiMto
^tler^ at Ihia tioMrof tbtf ttowbrnfliijraan.

Was there any darfcaeaa»^f thajooi in Ahe
aMrmng al Iho Hawof thal<th«ndaaAai^«nan f
•—I doaotidpeaoher ili

W^snyoo netweemnl ai eap^.Batfor's
at the time of <be'ecKpen7-<T4. was iheio Hrhen

weoi the dsJipsa ««a ui

By virtue of yonr .oalkr' damabgimi
lep*a giaalitJi^ efittesanitr-By abs^ir-
ms eftanr^Mihr i^d# wMiam^taheanngtolheiv

Waa thai thunder beCsro or iMriva
TOUXVUL

wai hDmlw-^The thaader was ainqphr was
horn*

Were, nol yeu in osptiiin O^itlfr'a <br?io»
tben?«-l »af in qiplaiu Bu|l^r*8 hoiis^ b^l
aetinthoseraioe.

Were net yeu a servant ai JDi^nmslan befssy
lady Altban came to IKinmaineF^-t was 9it
in It when aha came there, it arap Mry. Bfalh
hired me.

Court, How long did you live at Dun^aii^
before my Jady came ?— me ana tiifre before
I went therf • >

Hnw long were yon in tbe^frviea hsfiiroaiy
lady was broogbt-lo-b«d?<*-jNear;i%fi|ul4r iV

And how lopg aiWr?-r-HalJFp year. ^

D4 you remember the great darMfsp A -1

do not, my lord. • ' 1 • .

But yau were adced whether vpu ffeffi/^\

leu <

bored if frben you were e^qumnea on the
in the Exchequer, and you said yen did^-r
Why,, they only peaked me t^n if I fcpambfred
tb^ ecilipse, aiid I paid I remembec that ^pere
was such a thing. r

By viftue ef yoy^ qa^h, did jm »emtmf
that you remeoabered the eclipse f— I di^ r|^
memhtr that daiiiuDsa.

Wbatdarkne«a waa it&^ll uriia ol ttmnd^
and rain*

Was thai wbilo .yoa lived iitDttiHiiiaiaa'«*^
U waaaAer I lei) UhMMoaine.

What time of the day was itT — It |vaa i$
the fveaing, m the Afteraooa.

How long did it continue P-*Tlie |%in JmMI %
faarter.of an hour.

Dhd yon meatiou any thtaoder i||i4 fm when
you were examined belbreP-^I was oola^iaA
aiiy, f|iy lord.

Do you remember an eclipse thfii hap|m»fd
about Uia timo of the hirlh ?»<*l da aot riWOOm-
ber any but that eclipse Ijiat was in Mi^ aiveQ-
iag; 4bat there aiaa IhHoder 4nd rain a<ong
With it.. t

Mr. jSyriiig. We«e yop not at Punimoa
jSonte .when i|iy My mVf^ jlositn?— slilo* I
was not

. Bid j^«-4mr §» Mr Mbre y^u^MMVihar >ft

Donmaine ?— No, indeed, I never did* . 1

'i>id aho4|(Mo Goblin while yoa wene kt the
aewioe ?^-JMoit tjm 1 Ww of. t

Could she be absent a month or two iw4y^
una knecw of itim^No, she waa «^ in i^y 1^-
vioe stall, without she'd* go ta.ohurfdi« . rt

SNd not yon swoor fosmerly thsyi yon v^en
in the- house whan my lady qameAfBVf-<»«diir
deed, 1 did not. (^

Wh^re worn you lured ?^By.)P(t. jRivnth.

W4isre&«-ln the pademr at UMnnifune»

And you never saw lady Altbam<.h<^(NOe.?iT
fadQod,t. never did.

., IM aol yon u&4 when yott wove osaoMMil
J>efo9n,. that, y on W s^n her at Ro^aP^-lj^-
4oed I dfd-nq^ uathout tlisy.KiHdi^ me qp ^m^

CohH. Did not you asioar' npoa lhl|t Iiil4
IhatyonwoDO i» U»e mty^oik ^ good wk^lbe*
^in0»4)<^y.oai»^d49Wi9fir-<9tf <»i ^tprnvf^^^ff^

I did not| my lord% * ,..!..* ,-.. i.i^

1l5] kfazokOE u.

* Mr. Sprh^. Did yon not wy, tfiat'th« firti
time you nw my lady was at captaia Boller'a
Mbrv yoif wel« a'senaibt at Danmatae? —
'Upoa my oath, I did not, that I remember.

Now, I ask you who were the $fodfathert
iiid irodrootfaerto this child?— -Mr. Goidougb,
•Mr. CRff, and Mrs. Pigot were g^ossips.
' WhatCqtelmiitbf-^OrRossgarlatid.

IVhatwaa his Christian name?— Anthony
CMdough.

^ Who wer0 the other geasi|itf?— Counsellor
Cliff, and madam Pigot ofTvntern.
' Whose wifh waa she P— Why, was notabe
^Dtiio Rfot'a of Ty otern f

I aak you w|iose wife the was ?•— She wak
^lled madaib Pi^ot of Tynterti.

• tl^DOtahecaiitain PigAt*s wife ?-<.I can-
not tell, hut she wept by that name.

' *By what name did vou pass yourself at that
fhnefi-i-Eleanor Howletti and my husband's
Itame is Murphy.

^ Do you know- one Bridget Hewlett P— Yes'.
^ ' Was she a servant to my lord Althamf—
We lived th^re at the same tidie.
^ Wh6 was butler then f^Charles Mkfffaerwas
*dtter.' .

.Did you know one Rolph ttiat was butler? —
IKolph whs not there in my time.

Did you know Mrs. Weedon? Was she in
the honeeP — I beard talk of her \ she was not
in the house because she was under an ill cha-
fiuAer. > •

Where did she live then P— She was at the
4Nid9&hel6#.

How n^ was that to DunmaioeP— To the
liest of my knowledge near half a mile, 1 can-
«ot tell how long.

Do you remember Mrs. Setwright P— I do not
iMiiemher her.

Who WIS house-keeper P'-I think, Mary
j^Me, that had the name of house- keeper.
« ' Wh<^ did you live before' yea came to cap-
tain Butler's?— At Frank White's, in Bom.

• Where did yob 'live Ailer yoit left lord A|-
ihani^?— t'At no (ilocef 1 was with my owta
people.

- DA you eteP live with one Mticnamee?-~J

did indeed; '

« 'Did voo lire with him before or after you

left lord Altham'sN^That was after Ileftloitl

yUltialB's.

Jury. Name the i^Maips over tgam; how
nany were thevF ?-^Tbree.
' Nato^ them.^-Coonselkyr Cliff, Anthony <;ol-
^elengh from Rossgarlaad, and Mrs. Pigot of
Tyntem. •7

• ^fcottK. Hhs is a positive witnessto the birth,
if yottcan pinsibly believe, gentlemen, that she
iya wyAn«iO'that deserves your credit;

Seij. MankalL I hope your lorddhip woilH
kMm iioy remi^rkl upoi^the wKnteses IJH we
Mme to fhe-crese; if we are to Mppprttbe
•credit of o«ff witncMes, aethey appear, we
#bairfieter*ha«e doD«. »

-^KkmH. I sayl if she be*ft person of credfi^

9M* w^ld i«it have flote'aay, she is a penofl cT
■ndbufated cifidiL • ^ ' -••1

Trii$l ofMarp Heath,

[116

Mr. Harding. The next witness weprodoee

IS Mary Doyle { she/mylordi is a witness to the

birtb.
Did* you koow Artbvr Ih'te lord Altham?
Mary Doyle, Yes, Sir, i did. - . ■
Did you knoiv iiis lady f^\m, Sir. v
How came you to knew them ?— Besanse I

was their servanf9.8ir. r . \

When were you in their service ?-^Thst1s 4

good while Sign, iiis hard &r me to renenb^r it

now.

How Isn^ do yoQ thiakit is?«^I helief^ to
the best of mv knowledge, nine or leis*and»
thirty years thn May "next.

How long do you say it is P— it is.Difie«aiM|b
thirty this May.

Recollect, woman, bow many years, is ik
eince yon iived there; is iaatuetaad'tweiityy
or thirty, or how many ? — It is thirty this Alay»
einte you wiU'have it ao« .> > - • . r

During vour knowledge of lady AlihaiD waft
ahe with dhild Pff-HUe/WM^vitb cbiid. t •

Was she delivered ?— She waa indeed. •

VThere?-*ln her o#d booae at Duamaine^
Sir.

How do you know that ? — I was by^ Sir*

Were you prsaent ?r--4 wasindeed. .

Was any bo<l^ else present?-^ Therew8s« .
. WhoP'-r-Th'reb or lour servants.

Who were they ?— One Nelf Murphyi ani
Mrs^ Heath first, and ESeaoor Jllurpliy.

Were thereany geatlewemeo tliere !*--^Tkere
was madam Butler» and some oiiiera 1 do not
know.

Waa the child christened ?-*fle

<fiv whom P-^By one Lloyd out of Rosa.

Who was he P-^A mioitter aod conte.

Of what place P— Ol Roaa.

Who were the ^odl'athen and godmother ?
-— Tothe beatof my knowledge, Mr. GoiekMigh,
Mrs. Pigot of Tyntern» and Mr. Cttff tiem

• Were there any r^oidnga upon that ae»
count ?-^A great deal, Sir.

When and where P— In the houae.

Tell what rejoieiagir there werei-^Tbaro
were the best of liqeoea, and the hcoi of .eating
IumI rgoioing every, way »
. Was there «bohfiref— There war. .

When wss that bonfire P»-The dgfat aftar
the child was horn.

¥xm9 new/ wbatvana of that child aftetf —
Ittdfed 1 do Bot Snow ;"thepe was^a winaethean
that had liim, lor. 1 left tiM phme a iew days
after *he mm christened I '

Wbat'Wn* tb«iiiiiae'ii name P^To ihe. best
of my knowledge, her naaae waa Landy. I

BeW long mfovt stay alWr4heobrislcning r
«M>I left the hottse a f«w daya attelr. i . j .

« * OMri^'4M»yon see. ny J«^r daliveMdJU*.
Indeed 1 did, 1 waa an ey e- witness In it| fen fi
waai»tlMm^daiiatlaldii9.i'v
-»Ah /yftf ^dreiwhefthtr l^ilaath smsidi
^jkiMidin4'aheci»aa^ll» Ite

117]

Jbt FttjuhfA

[ChMS -emniiiallaD.]

Mr. Sfrimg. Yoa mj Joan Land/ wu the
iine?^Yei,8ir.

Wat the married er a Mogle wemaD?— I
M bjr cfer^ body io tbebouee thai ahe waa
iiirrMl.

To when ?— To one Mbic Cormaek.

Wen they livieg together at that time in
tkdroini booaef — ^1 do aolkoow whether tbej
vera or aota

Wheredid they life then ?— They lived in the

At what lime wee thb birth and cbriatenini^ f
--it wasia the mootb of May.

Hie latter end or the bMnnobfr of May f^
TW litter end of Hay.

Court, How long waa it between the birth
lad the ebriHening P — Between three and Ibur
Wfldts or ihereabouli.

Wu it both bom and cbrialened in May?—
He wai bom the latter end of the month of
Miy.

Were yoa there at the cbriatetiingf, or did
yoa Icare the oenrioe before it F— It waa after
the chriiteoing I left the house.

What WIS yoor aer? ice ?— A chambeiwmaid,

By lonl.

Mr.^nVi^. How long were yon in that aer-
^W&Rethiaohtld waa bomP^-Juat three

.floe hag before thia were yon acquainted
»rti» Jon Landy ?— Ne? er 'till 1 aeeo her

j^oyoqimow whether ahe hadachUdornotr
*-i beiH that ahe had a child.

^ wbom ?^1 do not know by whom.

YoQ nid iost now that Mra. Heath, Mrs.
^er aad Ndly Mnrphy were preaent at the
ww?-i<id. Sir.

Were there any more hut them?-^Indeed I
dooot ](aow, for my part 1 do not remember

Rovlongbeforethathad you known Eleanor
narphy ?— I ne? er aeen her till I aaw her

Micre.

What waa her name then?— -Eleanor How-

Hid yoa eter any children ?«*! ooffht to
we one boy.

flow ohl la he F— He la thirty yearn of age»
">U had a aon before that time.

Which waa in the ear? ice first, you or Nelly
H°n>hy ?-Sbe was in the bouse before me,
^uUr to the best of my knowled»^.

W hat n your aoo's oame?^Edward Cosker.

How oHMiy buafaands haTo you faad?-^I
»w«r marriaj but one man.

flo'^ come you to go by the name of
Jwyle?— Mary Doyle ia my own maiden

J^^ A> you lire now ?— I lire now at the
f*^„«fDuocannoo.
Uow cane you to alile yourself, in an afli-

iHL^ '^^7 ^^^^ ^vy Doyle of RaviNy ?
*"«««oaa I hred there.
now Qtjijr j.,g|, ago ia it ainoa yiBO lired

A.D. IT44:
^^Thhrlj yearn tMt Mi^

[11*

I Kted

there.

Were you married wheu yoo lired Aare f-^
was fire yean before that a married woman.

Where did yoa liro heftire- yoa -came to
Rarilly ?— In the county of Wescfoid. I

Where thei^ ?— I foi^ the aaaM of Iho
place. \ i

RecoHect where yoa lit ed befino yoa lif of
at Ra^illy f— At Harrolstown.

How long did yoa lire tberer— I Ci^ttl0t«o•
member.

Where did you lire before yoa lired at Har-
rolstowo ?— I lired in tlie coon^ of Wickloi^
Where there P— Oh! the Lord knows wheri^
I cannot remember.
Where did you go when you left Rarilly f *«
To Low Grange in the county of Kilkenny. .
Do you know one Daniel Hugheaf — I io^
Did he ever lire with vou P^He lifed in tho
house with me at Rarilly.

What ia he to you? — He ia my hoaband^a
nephew.

^ How long did you lire at Low Orange?— I
liretl six years there.

How long at Rarilly ?— Six years. And H
was the year that I went to RanHy that I waa
at Dunmaine, for my husband and i parted.

Where did your nusband and yon part?-**
We parted there.
Where? — At Harrolatown.
When were yoa brought to«-bed of yoor aon f
— ^The Lord knows.

Were you in serrice before you went to Dun-
maine ? — I waa,' in the county of WeifenI and
county of Wicklow. *
Where? — At one Osborne's.
How lonff did you live there?— I waa a
twelvemonth there.

Was that before or after yoa were married ?
— Before I waa married.

How old do you say yoor aoO is ?-^I say he
is thirty yeara old next May.
Where waa he bom ?— I cannot remember.
Do you know Robert Cosker?—! do kooir
bim.

Court. What is the tendency of thb exami*
nation ?

Mr. Spring. This examination tenda to oroye^
that she w^ a married woman, and lireo witb
her husband at the time ahe pretenda ahe waa
a servant at Dunmaine?

Who was cook at Dunmaine?— I do not
know his name.

Did you know the hooaa-keeper?— 1 do not
remember.

Do you remember migor Fitz-gerald'a beiitf^
at Dunmaine ?— There was one Fitxogerala
that lay there one night, and I do not Know
whether he was a major or a captain ; the ear*
rants lold me he waa one oat of the county oC
Carlow.

Do you remember Sarah Weedon ?-«I never
seen Irarab Weedon but once.

Did you know Mra. Setwrifffat tiM hooaa*
keeper ?— I never knew her, 1 do not kaoir
what was her name.

11^ 13 OEOSGfi IL

MiirphyftndiiMitbcro76rlMr,bBtIdo nili«4

Who mt iratler f <*-4)iie Maolicr.
« Do trou icoMiBlMr fioOrk wo postiUMMif--*
thderi 1 ila not

c Bmt iMi: boforo ym Utt iho tervieo 4M
Denoio Redmood leave lit — Ho was Ihoro
Mbtom ond aflar mo.

Uom Iboff did yim olAy Uiero aftot tbio UHb ?
#-^ olqred iAor llio chntteoiny two or three
dava.

. 0h )r«ti lommhcr the frraat edipao of the
0iB h^l. do DAt remoo4ier il.

' Itr. MottofL The text witness wilt be one
Mary. Preemapt who will |irove to your lord*
ahipand the jury, that sh^ saw my lady Al-
tham at DurtmaiQe big^ with child, aod skw the

fhild 10 tb^e care of Joan Lafiao ; tliat Mrs.
loath WaH panicOl^rly food bf it, and that she
, has sefo the child with tty t^y io a oooch
MqueOtly afterward).

Mary Frteman. iiworii.

Mr. Mwion. Did you koOwtho klolody
AHhofent
. Afony Wreewttm, I did) Kr.

Whore did. you Arst see her ?•»!& Tyolera,
•itad^m Pile's. .

At the time you knew her there, what con*
4ittoD did she appear to ho in f-**8he appeared
|». OM.ao a wOmao in her eaae^ with ehiU.

Did she appear big? — She did indeed, iKr.

At what time was this f •^>To the beat of my
inowMge, it. waa a Itttio lielbre Christmos in
^eyear that kioff Georffe the first came in.

dan yon reooHeet whether before or after
ahrismi^ ?-*-Thit was the time that caq.
Pigot had the bonfire io Tynlem.

Was it befbio or atter that bonfire ?--BerOre
the bonfire, for we had St at Michaeltnas.

Did Tbo ^ver aeo my lady allerward«» and
where r — I seen her ito DoamaiDO very nften.

When yon sow her tlierov did yon aee any
ehiM in and about that house ?«^i did indeed,
upon my word.

What ohild waa 'iXt^l ifeen the chHd inth
Joon Lafian tending of it, at the time madam
FijpK aent a letter by mo there; 1 aeon it
aii^ty wl^lt dressed with Joon Latfi^ io Don*
name bonae^ oi the time of the letter I woo
aent with to be de^irered to my lady Altham.
' Did yAu dolifer the letter P^I gore it to
H ra. Heath, into her own hands, and ahe went
Up slaira with it to ny hidyv imd told me when
one came down, that my My was unwell, and.
^(anldinOtgtve me an. answer.

Did yhn see the child.at that timo?-^I di«
oao.tbo ohild that very instant io the pinsenco
oC vara. Jxooto*

Wm Mnu fieath prsoent^-^Ii waa in her
moence the minute that 1 delivered the
kttor: JoooUlhowMih the kitchen with Iho
child io her arms.

What time or Iha year was ihia 2^It wus
flihool^thiatiflsooflho ;pHrv I commIIcU whoi

TfUftifMa^llddh,

l\»

Jufy. Are yon sOro thai K^s. Heath wafr
preaent and saw the child f— Joan Laffan had
tho child in hOr ortoa in the nresenoeOf Uiu
fleath, when I delivered the (stler to hor.

Mr. Metrtatt. At the lioleyon saw this cfaildp,
theo) Or any other titaio, what noiioe did yo4
aeo Mrs. Heath take of it?— Why indeed, fer^
upon my Word, 1 know no morO than that K
Uraa going to the §ur of Roaa, and I saw her
bring out the ohiU, end she pot a bundW of
clothes into my lady's coach— ^

But I aak yho^ wbcllierattho time thot yoni
saw this child when you went with the leHeiv
ond then <disOrvod tlds chUd in Mrs. Hoalh'o.
presence, you observed Mrs. Heath to take an/
notioo4lf ii?*-8ho did take nstioe of it, parti-
cular notice, and was phiying with it ; indeed^
Oho waa.

How old waa the child then f-*»f t waa abooo

a ear and half old, to tho beot Of my know*
DO*

Whalaortof aohiU waaitr-*-Itwaooprett|K
light* headed child.

Did Mrs. Ucoih fidco notioo ofit oa Um-
ohUd of a pofion of oonseyienoe? 8iw di#
indeed.

AsthochtUof whomF---Ao a gvatleMii'o
child.

WheOoohHd WW h oomMmd tohoP^^t
. woo conaUored^ my bwly Altbom^ aiid mf
lord'a; as I heard, it was called the yoon^
lord) yomig looimy Annealoy ; any mer I
^ oaonot teliyou.

1 ask you whOther ot ooy time after this^.
you saw Ibis chifd in nookpany with tady Al-
tham P — I did.

Whole waa the nextplaoef— 1 did not see
it after thot time, tothO best of my knowle^ge^
IpJL I seen hin^ at Raai at madam Butier*o.

Who did you see him with there N*^Ho Wno
in madam Butler's arms, fi>r ho waa hroughl
from Duninoioo that i^ry day, and she re-
ceived ihe child and carried it up atairs to my
lady.

Who brought it to Ross f-^l cannot toH.

At this time in whose company was it ?<««•
TfaerO waa nobody hut Mf«. Booth that cOino
down stairs.

Now I aak yoO whethor tho child that yoo
saw after at Ross was the same yon saw o%
DonmoinoP— I cannot tell that, Sir, btH tho
child was there. ^

Waa Mrs. fieath ptooeot nt Bntleea f » Itti^
waa indeed.

Did sbo at tbatplaeo take any notioo of tli#
child ?-^I cannot teH yoo, (Kr, it woo at tho
beod of tho staim, and 1 cannot teM that

rCr<Ma-examinatipn.3

Mr. Edm, dH^ftme^ Do you rensember tho
year that you saw my lady with child f-^il-.
TheyeK' king George tho first came in.
; Was she big with child then f>*.4aho woo.

Yon say it was tfaoyoor king QeoffgocaOM
in P^-l4 woa the year ho oamo in.

Was it not about Cbfistians yoo Void ^»1isld
draojMtlh^itho |i)^hi|ig 6oorgo.OMB»il|. -

ISI]

A. D. 1744^

CI9t

I «fc WNS a Mi M mol tay ▼<« nw my I
Uj biff with diili ftbom Chrii*iMttr-*lt wm
dmil CbrMtuifts.

Wbtn did jMl Me liev Hie*?— At Tjntcra.

Was it bdbre or after CliristiDM ?— It wai

fc-<>— -

Yoa wflot Ami Mrt. P9c«l'i with a tetter to
DniMiaiBe?— 1did,8ir.

What timo of the ywc was it ^— la tbe
iprai;.

Of wfcal year 7— I aMmot tell as l<» that.

Was It the nest sfring after yon saw ber with
cbiM ?<— Indeed it was not, nor tlie sprinf after.

See if yon oao reoollect tbe year ?— -I can-
■01 TfcoHeet the year.

YoQ knew eounseilor PigetN— I knew bim
wry well*

Had any nocident happened to him then N^
He, Sir, it wan afler.

Hew soon nftor?*-! do not know.

Did not he break his }eg in Ibe county of
TiDDtrary ?— I cannot tell that.

Do yon remeiBber tbe time Iw broke his
hg?— I was not in the family tbeni but in the
tawa.

Wu Mrs. Pigot at home when he broke bis
hgr«-lb^eve«K

Did she go to bim f— 4She went to bhn.

IKd she go fn»mTynten to bim P-*8be did.

9ay MarghalL The next witness is one
Thonus Elloo, .by trade a glaxier; be was
caHed to Doaaiaine npon some necessary re-

rof that boQse some time after tbe birth of
inneslev ; and be will give your lordship
to accoant that be saw this child in the honse»
when be was there at work, greatly taken oare
of by bis father and mother, and 1 believe by
tbejtrwmer at the bar.

CmrL If yeii hare any new witnesses to
<ay new. matter, produce them ; you hsvepro*
dsced witnesnes to all (he points of tbe indict-
irnit already.

Ekon

9t^.MUf9haU, Pray»sir,wh«ttr«dadoye|i

Tkemm Klion. 1 am a ghzicr.
Do yo« know a pfa^e called Dtinmaltie f— t
*>,8ir:

Were yoa at any thne and when at that
konae?-^! served my apprenticeship in Ross
to limes Morris of Ross, and I was at Dun-
■tainehovse several times.

In what TcnrN-To tlie best of my memory,
I wss bound apprentice in the year 171&.

And whstt time were you at Donmaine faooiaP
I was there I believe at sevenl timea.

Nfeme any particular time. — I was there in
that same year, and in 1716 and 1717, and
ttl the separation of my lord and lady was.

Who did yoa see there f — The lord anil the
My was there.

Whom ebedid yoo see N-1 seen Arthur lord
iMm nnd bis lady, I aeen Mary Heath.

Bo yon know any other of that fhmUy that

^tte there f^^ have remembered to lee a child
were,

What «hiM was th«t?-^A dMM ia I thoogM
was the son nf Arthur lord AJihank.

Where was lady Altlnm when yon aaw tfaii
son ?— In the honse, dr.

In what manner was this child treated P— Tf
you pleaae 1 will tell yoa. I am a glasier by
trade, and at work in the honse at several times
I was.

What year was thia that yon saw the child f
— In the year 1716, to the best of my know^
ledge; and upon the saoie^ 1 was op ia the
lady's chamber at work, and a mesaenger cam«
op, I did not turn my face aboot, nor do not
knew who it was, and 1 heard a mesaenger say.
Young master is below : in some time after
my huly called Mary Beath, and aaid, Go and
bnng ap my chihl. With that, I seen tike

child coming up, and n|ion the aame, my lady
embraced it aa she was sitting npon the bed.

What year was tiiisf-J think was it 1716.
And she kept it there, during the time 1 wan
at work, which was ctese npon an boor.

[Cross-examination.]

Mr. JUewrder, Say in what time of the year
1716 this was ? — I cannot tell.

Was it in spring, or sommeTi or wioter f-^I
cannot tell, upon my word.

Was it after, or before Chrtstmaf f^-ladeed
I cannot tall. Sir.

Upon your oath, was it not in the year Ififf
—Upon my oath, it was not in 1717.

Well then, what time was it in 17]6?^i-I
cannot tell, Sh*.

Upon yoor oath, was it In 1716 P— It was tli
1716, but I cannot ^artionlarly guess at tha
time ; 1 cannot contain thai, it w so long ago.

Mr.Pno4»y, Juror. How oM waa the child (^
—As near as I can gness, a year and half, et
thereabouta. /

Did you ever hold any disooana within thesa
few days with m body upon tbn mad P-^-IdiA
not, upon my oatb..

JM you see nobody in a Fiiylaai chaion be-
tween ICilcullen bri(%e and this P-^I believe i
saw your face.

Do you remember what yoa told me thea
about your knowledge of this afiair?«-I do
not remember,

Mr. Pro6y. Yoa told me then yon had a.
aabpcena the day before, and tbodfht it wan
Tory hard yoa shoald net know sooner what
yoo had to swear ; and swece by your Mnhor
there, yea kaew nothing of the matter* Ymi
sikid further, TOO were in so^^reat a pasaonyoa
threw the suSpmna and sbiUmg into the lire.

N. B. Witneas Elton prodooed a paper and
said, Hers is the subpmnsu

SoL Oen. I am now, with some iatiafactJoq^
to inform yoor lordships that we shall call Mr.
Higginson ; he Is a person of soine repntation.
We should not call bin so early, but that he k
Ihlling sick and not able to attend any longpr*
This gentleman will endeavoar to prore thathe
was at Donmaine at the time of the assises off
Wexford, andwe will now produce bim, thongh
out of time, to ibew where my lady wae at

19S]

170fiQRG£ IL

Trial ofMarfHeaih,

thai time^ fto^ <if ber beings then' wilk child.
Yuu will observe he is now called by way of
ant»ci|MitioD, and before his time.

Mr, Probjf. Mvlord, I hate somethioff fur-
ther to naeotioa tbat this mau told me, which I
bad forgot.

Serj. Marshall. I desire, my lord, that B(r.
Proby may be sworo.
. Court. You must be sworn, Sir.

Mr. Proby dwom to p?e evidence to the Court,
and his fellow-jarors.

Mr. Proby, When he told me that it was
very bard he should have siich short warntngf,
ana did not know what he had to swear, I
«Iesired him by all means to make haste, for
tlie trial would be very soon,. to get to town
aod be instructed there. Sol will, says he;
aud immediately he set into a gallop, and I
never saw him until now since. '
' Serj. ^hir$halL What were the words he
said to you ? — He told me, that he was in such
a passion, that he threw the subpoena and the
shilling into the fire.

* Mr. Solicitor. U shews he was a most on-
willing witness.

Mr. Proby. His words were tlie8e,By 6— d
I know nothing of the matter.
' Serj. Marshall. Do not you apprehend that
the man meant by that, that he did not know any
tfifag of the birth of this child P— f cannot tell
what be meant.

Upon your oath, Sir, what do yon think he
meant ?--Upon my oath, Sir, I beKevc from
the subsequent expressions, that be knew no-
thing at all of the affair.

Might not such a person as you saw here
elearly imagine, that his seeing a child in that
bouse was nothing material, if he knew no-
thing of the birth of that child ? — He told me
be was summoned on the trial between the old
and young lord, and swore by 6 — d be knew
nothing of the matter.

But might not he think that be knew nothing
vaterial ?

Mr. Recorder, The jury will judge of that.

Mr. Thomai Higginson sworn.

Mr. Solicitor. Mr. Higginson, pray did you
know' the late lord and lady Altham ?

Higginton. Yes.

Do you remember to have seen either of
tbem, and when, in the year J 7 14 or'1715 P—
1 saw lord Altham very often ; ] had the ho-
Qoor to receive from the yeai* 1710, Artbar
lord Altham *s rents for part of his estate.

You saw my lord Altham very often f— Isaw
bim very often.

Do you remember to have seen either of
them about the middle of April 1715 ? — Yes,
the middle of April 1715 I calM at Dunmaine.

How came you to call there? — I wasx re-
ceiver to Arthur lord Altham, and Arthur late
^arl of Anglesea.

. Go on, and give an account of what you
know of thi^ family. — My lady I saw when I
galled at Dunmaiae, my lord wss not at home.

Do yon know any thing of ber being with
child ?— That time 1 saw ber, I took her to be
big with child.

Court. Whattimewaathat?— Iniheniddlo
of April 17 15.

Mr. Solicitor. What time in April do yoa
say P— The middle, in Easter week 1715.

Where did you see ber then P-^At Dun*
maioe.

Inform the Court and jnry what look or ap«
pearanoe she bad of being with chikL— -She ap-
peared to be big witli child to me, and towards
the last month of her timo.

Tell us wherefore it is tliat yoa haro made
yourself sore it was then P — 1 had a pocket
book in which I kept my roemoraiidaois ; I
was receiving rents for the earl of Angleseet
and I sent my son to reoeive the rents of tbe
Nanny- water estate for lord Altham ; 1 kneir
he would be at home with the money ; and I
called there for lord Altham to send one to
Ennisoorthy with me for the money.

The Witness's voice being weak, Mr. Smithy
an officer of the Court, is directed to repeat

what he should say.

♦

Mr. Smith. Tell what you say, MoteDoe bjr
sentence, and I will repeat it.

Higginson. I called to see if lord Al-
tham was at home to send one with mo to £n*
niicorthy, to get some money for himself.

Did yon see my lady or my lord at that
time ? — My lady only.

How can you be particular oonoetning tbe
time of your being at Dunmaine P-^B^nse
the days* tliat I received lord Anglesea'i rents
I had it entered in my pocket-book, and I gave
the book to tbe prime Serjeant Malone at tlie
last trial.

What were the contents of that bookP—
Lord Anglesea's reoeipti.

Yoa say lady Altham looked like a womaa
biff with child?— She did.

What conversation bad yoa with her then P— >
Very little, only that I asked for my lont, and
told her what I called for ; for 1 dared not go
into the house, lor if I had, tord Anglesea
woold have tamed ms out of tbe receipt of his
rents.

Tell what passeil between my lady- and yon.
—I told ber I called to get my lord to send one
with me to Enniscortliy ; and my lady came
down and made me driok, and I drank a good
deliverance to ber ladyship in two glasses of
white-wine.

Who did you see with my lady f — Tbe maid
was there, but I do not know her name.

Now tell us how did 3^00 dispose of yoor*
self after you lefl Dunmaine P-^1 went to En-
niscortby, and dined with nuyor Bogersthat
day there.

Where did yon go ftom thence?— To m
friend's bouse in Wexford early next morning,
Thursday morning.

Recollect the day yon wereatDcmmaine?—
I was there on Thursday going, and Tuesdi^
coming back.

1253 for Perjury.

' Wbat iby* did yoa fifo from Daomaiiie to
Boaiscortby ?— 1 came from DaomaiDO to Bn-
aisoorthy on Tuesday.

How iongf did you atay at Woxford then?—
Not above au hour I believe, we had but ooe
pint of wine.

Did vou see kwd AUham at that aasizes ?«»
Yea, be gave aae the receipt.

Did you aee my lady there ? — No^ I did not,
aar hear of her.

Do yoa believe, if abe bad been there, you
woyki not have known itP Could she be
there, aad^you not lee her P-— She might be
tberefbrme.

. Pray, Sir, you aay you were receiver to my
lord Angleaea, did there come any account to
the earl of Anglesea of the birth of a chiki?—
Several of Rosa tenants did come to lord An *
ia July—

a; D, 1744'.

riM

[Croas-examination.}

Mr. Xe BumU, Pray, Sir, do not yon say
that you were at Duninaine on Easter-Tues*
day ? — I waa there on Thursday and Tuesday.

IVere yon there on Easter-Tuesday?- -I was.

Wliat year was it?-~By my books on Easter-
Tuesday, in the year 1715.

Where were vou the Monday beforef— *! be-
lieve I was at Mr. Giffard's ; I was at Hough-
too's; I know I waa in that neigbbourboofTon
Easter- Monday.

Upon your oath, Sir, where were yon on
Easter-Monday f— I believe I waa at Mr.
Thomas Uoup^bton's on Easter- Monday.

How near is that to Duomaine P — I oelieve
lour or five miles.

Why are you so certain of being at Don-
maine and at Houghton's on Easter- Monday
and Tuesday ?-<^Those were the days J re-
ceived money, and ' they were entered in my
book, tliat is the reason of my certainty.

Do yoa know a plaice called JPeppard's
Castle r— I do know it.

How lar hrom Dunmaineis Peppard's-CaalleP
«^1f hicb way woold yoa have me go?

The common road. • How many miles dis-
tant ia it? — 1 believe sixteen miles.

Where were yon upon Easter- Sunday ?— 1
believe at Ctomines.

flow near ia that to Donmaine ?— Four or
five miles, I do not know well.

Haw far ia Clomines ftxxa Peppard's-Castle?
—I believe as far as Dumaaine, it caanot be
less thaa 16 miles.

Look at that paper and see if it be your
hand- writing ; is that y oar name ?-*! belieire
it is.

. IVboB yott gave receipts, did yoa date them
on the days the tenants paki yoa the money ?—
1 did, and some I did not.

Explain yourself ^Wben I wooM j?n abroad,
I would leave receipts drawn according to the
days the tenants promised to pay their rents,
some with'my wife, and some wiili my sod, and
some with Timothy Murphy that receired for
me.

Is that all your band- writing ?— I beKeve
it is.

Mr. Ze Hunfe, I desire that paper may ba
read against himself.

Clerk of the Crown. " Receired from Mr.
William White now and formerly the sum of
twenty- five pounds sterl. in full his last Mi-
chaelmas rent, due out of Peppaid's Castle,
&c. to the ri^ht honourable Arthur earl of
Anglesea, receive<l by his lops order this IBlh
April 1715.

25/. 0 0 Tno. IfiGoiNsoN."

Court. That is Easter- Monday that year f

HIgginton. I will tell your lordship
how that was. I was to pay major Hogera
money fur timber for my lord Anglesea, and I
left my son the receipt to get the money, who
was to meet me there with it.

Is the date your own hand ?— Yes, I be-
ueve it IS.

And did you date receipts before you received
the money r — Yes, very oHen.

Mr. Le Hunte- What time did yoa enter
this receipt in yoor book? — When I came
home again. ,

When was that? — I etUered it on Wednes-
day, when he brought me the money to Ennis-
corthy.

What money did be bring ? — He brought
me sixty odd pounds ; I ^ve him eight re-
ceipts to call upon the people with them, and I
got the money on Wednesday.

When did ^oU enter those receipts in year
book ? — I believe I entered them before I went
from home.

How so ?•«- Because they promised me the
payment.

Did yoo draw this receipt at the time that it
beara date?— I gfve this receipt to Tim Mar*
phy or my son l>efore 1 went away, and they
toM me they would be there that day with the
money.

See if this be your book and hand writhig ?—
Itis. ^ ^

Was this book kept by yoa ?— It waa. I lent
it to Mr. Wilaon.

Is that entry your hand- writing ?— It is my
hand- writing.

When waa it catered ?— It was entered
when I came back.

Mr. Mark Whytt, Reada the title, vie.

PeppardV
Caade.

Mr. William

Debtr.

Year Month

F ^r^r BBMW^^a

•

■

and Day

• »

17 15

« •

Marah 2a

1 « •

1 April 18

\ Contra |
9 Bills.

IS-

Dit* in full MicbaelmasI 1 1 17 8
17U

Credr.
4 10

187]

17 GKOilGE n.

TriuLofMiny Heathy

(ie«

v-*Wh«n John M^ilaoo cane t# receive the
veoie of fer4 AogloMe aAer eM^ I lent il to

CmrL Canyon bow nay 4hil it wwihe
18tb of April* Mster-Tuesday, that you were
^ Unmnaine, iiaoe it tttpeape hy ye«r book

Jou entered receipts of that date eloewbere T^^'
lefteiipbi «eoeipte for mv eon andBlofpliy,
10 ffive 4he people that paid the OMiiiey.

Bow came you to enter them the idth and
IBthr— Beeauae they were to go there then

^ys.

since yonr book shewn your hand- writiog at
enother phice, the time yon say you. were at
t)unmaioe, can yon, from any otnel' cirqum-
aiance» recollect that it was Tuesday the 18th
«f April that you were at Dnnmaiue ? — I be-
liere it was Tuesday the 18ih by my pocket-
iMok.

• -Cmiri, See and get an nlmanick tor the
year 1715.

Does your pocket-book and this book con-
lain the same things ?»— The pocket- book is of
different things from ihb book.

Mr. Le Hunle. Did not yon swear on the
trial in the Bxcheqtier, that you reoetred four
pounds from Mr. Houghton the day belbre
you went to Duomaine P— I believe so.
' What day did you receive that mouey P-*-I
bdieve it was on Monday monring.

What was the denomination that teot was
^d for ?— I do not knew indeed* I know no

Clomines

dennwiinatiou w«v, knt eo^ Bdlyaep and
Dnnmaine.

Did not you awear that you reeeifed frooi
Mr. Gifod ol' BaHyeep 10/. eu Tueeday .?-•«
Yes, I did.

Waa not tliat the day you went to Duo«
maine?— YeSk I Miese IdAtkat mofMi^. •

Did not you eay, vou reoeived from Phtri^
Sutton 304 the day before F-^l reeeifed eeme
on Friday, and Saturday, ajid wanted Ibflf
sbittinga ; and tkey 4enft it alter nw on
Monday.

Did yon swear, oc did yen net, tlmt yon m*
^▼ed outton'a money on Monday f-^l did mA
on Monday^ 1 wanted about forty ahilliws^
and 1 got thai on Moadi^ or Tueaday tol*
lowing.

Ujion yonr oatli, 8ir» did yen net swear that
you received twenty poondafrom mdonel 8ut«
Ion on Monday? — I do not know whether I
did or ne ; lend reoeiTe twenty nonnds id mil ;
but I aaid then as I aay now, lluu there Waa
tortv ahilUoga behind, and he santitjtfbr nan
on if onday.

What day did you reoeive the nttaney from
BIr. Giflard 7— On Mendav, i beliere.

What did you receive the nonee frsoi Mr.
Sutton 1w ?*^i waa fo the rent of Ckuninee.

Look at that book now ; is that yonr lifiwd*
writing? — The uppet part iai Iftiai is my haad*
writing.

And whose is the other ?-^That is my son's;
I told oounsetlor Foid so he&Mre at Wcxibcd.

Col. Wallis

Debtor

Year Month
and Day

Arrears 1713.

Kovemb. SO.
(Hk Oam writings) 1714 June 17th.

November Sd.
(Hit tonU toriting^) 1715 April 5th.

Contra | is | Creditor

iVr Higgtnson^s Aoconnt

Mr. GifTard ....

233 14 11{

48 00 00

52 Op oa

30 00 00

Were you present at the time it waoenAered ?
^-Ne, ha waa at Rues* and Joe While the iner-
chant gave him a bill for SO/., and \ allowed
^ieas eash, the tenantaall received it as casfi ;
they had a share in it, and I fUowcd. it- as easb.

Why did not yon make yoor enlriai in yens
%eeb at that pened of lime?---I be#l iwft liial
hook with me ; I had lent it to John Wilson.
. Waa the moo^y piid bv the lenssto at the
lime set down in the book .^— That waa the bti
that evjMry one of Iheoa had » abase in.

Was the 30/. received on the 5th of Aliril ?-«
The bill wan.

Did not you swear you received the S0£. on
Monday ?*^lt was good 90/. to ne,nndna I
swore I received it on Monday*

Wlter^ Is your |indMt-hoek P-«-l hate ik not
now.

Did not you swear upon yoitr former eaams*-
Hfion in the Ekchequer, that yon were agent
toJBy loffd Anglesen £mu th» year 1711, to
%\»ymr tf 1/ F-r^4^ m^M the ^eaa VfiB ;
B0,if it be 1717rfit is wroD^p«|»tea. t

Upon your aatb| were not yon lord Angicaea's

(Hiioan writing) 3^ 14 llf

agnnt ki the year 1717 ? — I was neldiachnived
till 1718 or 17 19 lor that matter, hut Mr. Wil*
son came in before that.

Did you continue agent for my lord Angle*
sea. after the year 1717 ?^Ne, nor that year,
hot I received for him in 17 id*

You reoeiaedie the year 17 Id ^-l did then
in several places.

Uptrn year oath^ did you in 1717 ?-*-! can.
aetehaiige m^ mesaery ; I ant anrc I did mi
1710.

Look at this bend, attd use if it he yonr iMnd-
wrilieg f — I did see St, it is.

Mr. £« Huntt, My lord, this bond is to shew
that fie vsaadisoharged hmg helbea thin tfeie,
and we desise it may be reiMl«

Mr. Marke F^ rtada pact of Hm bend,
which bears date the 9(ith day of December

Mr. Lt Hvantfi. Did ytaa ever aettle e^y ac-
eennt isubseqo^t 1^ the account ^ this book 7
•^¥es^ I did ; dix ihonths after.
. . UT.A}UeUcri Whald yon be unhentood that
that waa the book yea canted aboot with jon T

IfO] MPerjwy.

—No, tbif WM the bools tbiU was left at boiii«.

What boolL dii) you take with vou com-
monly ?— I carried ^ little pocket-book about
me.

Mr. Bseorder, When yoa came home to
thai book, dki you make eutries different from
yoar pocket-book ? — Some I did.

How ao ? tbeo yoa had po certain guide for
keeping your accompts ?-^WheoeTer I waa
promised any money, I entered it down in that
book the day 1 expected to reeeire it, and Idl
receipU with my wife or ion, for I was very
much abro^.

How coald voa enter the day before yon
knew yoD would be paid f •— They would keep
the receipts till they got the money.
H Seij. MarMhaU. My lord, I de^re the whole
coaditioDs and all the nond may be read ; Mr.
White read ottlv a pairt ctf it» and I must insist
V|Mn the whole being read, to shew that he
might have received the rents for a year after
the date thereof.

Mr. Bomim reads the bend as follows :

'^ Know all men by these presents, that I
Thomas HijzginsoQ of Rahingnrrin, in the
eonntF of Wexford, gent, am held and firmly
boond onto the right honourable Arthur earl of
Aogleaea, in the sam of 1,000/. cterlingi lawful
money of Great Britain, to be paid to the ssid
Arthur earl of Anglesea, or hi« certain attorney,
executors or admmistratots, to the which pay-
ment well and truly ^to be made^ I do bind my-
self, my executors and administrators, fimiiy
by dicie presents, sealed with my seal, and
dated this 36th day of December, Anno Dom.
1715."

'* Whereas the above-naqoed Arthur earl of
Apglcaea did constitute and appoint the above-
bound Thomas Higginson to be collector and
receiver of bis rents, arrears of rents, revenues,
duties and profits of his lordship's estate in the
county of Wexford for some time past. And
whereas the said Arthur earl of Anglesea did
on the Ist day of May last annul and make
void the said power: now the condition of the
abore-written obligation is such, that if the said
Thomas Higginson, his executors or adminis-
trators, do and sh^ll, 9n or before the Ist day of
Maj next ensuing the date of these presents,
deliver up to the sakl Arthur earl of Anglesea,
his htm or assivns, a just and true account of
all such rents, duties, arrears of rents, fines,
issues, goods, chattels, profits and perquisites,
as he the f»id Thomas Higginson nath at any

isDebtr.

A, D. 17Mi

ri3o

BallyMwy^ dee.

Law : Nangle

The Bond is riven to the Jury.
Seig. ]fiartkftU' you will observe, geptle-
nokf thei]e v« two cUiostf in the bond; the
first that he ahall iiccount ror |^1 sums reoeiT-
ed ; and Ait B»t that hn ihatf accoimt for ijJl
ppmf he fjh^mld Rsoeive.

VOL. XVIII.

time heretofore levied or received fi>r the use of
the said earl, as bis collector or receiver, and
do and shall then pav, or cause to be paid unto
the^ said Arthur earl of Anglesea, his heirs or
assigns, all such sum and sums of money, at
shall then appear to be and remain due to tha
said earl, his heirs or assigns, on balancing of
such aocom(iiS ; and also do and shall at any
time when demanded, well and truly account
for, and pajf unto him the said Arthur earl of
Anglesea, his heirs or assigns, any sum or suqif
of money, that shall or may at any time or
times hereafter, within the space of one year
from the date above-mentioned appear to hsva
been received by him, the said Thomas Hig*
ginson, for the use, or on the ftccooot of tha
said eaH, and not accounted for with him bjr
the said Thomas Uiggin^n, on or before thp
said 1ft day of May nej(t ensuing (if any f uch
there be) tnat then the above obligation shall
be void, or else H shall stand in full foro^ and
virtue. Tho. Hioginsou, ^715."

Sealed and delivered in presence of us.

Den. Brien,
John Wojign, junior

Sen. MarthaU^ He had a right. It appear^
to collect all the arrears that wero due for a
year, he had a year allowed hirei to gather
them in.

Mr. Recorder. The bond says, if it shall ap-
pear withm tl)p space of one year, that be had
received any sum or sums of money ; but therp
is no power given him to receive any rents.

Mr. Le Intnte, Were not you tenant to part
of Arthur lord Altham's esUteP— Not at all.

Did not you hold a house from him in Roes?
—I never n^ a house in Root.

Who came into possesrion of lord Alth^m'a
estate upon his iieath?— I 4o not know, I
was not employed then.

Were yoi| receiver to lord Altham UU hia
death N-No, till the year 17 17 or 1718.

How far is Ballydaboy from Donmamef—
I cannot tell.

How near is it to Peppard's QastleP— I be*
lieve withm a' mile.

Is that your hand-writiog?— yes, I saw it
before.

Look at it again, was it entered the time it
bears date P— I believe the Wednesday before I
left home.

How came you to enter it then? — ^Tfaere
was a fair to be on the 19th, and that was tl^
reason.

Goiitra I is | Cre^r.
Ditto

Year Month
and Day

1715. Ditto ' 1 16 I fi

April 10th.

Court, If you n^eioi to nrodoco- other evi-
dence to the same thing, I sliall stop you ; we
have been near twelve hours in court, and C4U^-
not adjourn.

HHv. ^mQn4 Malonf. And ther said, JP^
lord, tbiy wpnld 9ot take up eigul hp^Kf H*
t(;Q, if t^0 Jtflsl «(fou]d M<X ^9 IpnjF^F*

131]

17 GEORGE IL

Trial of Mary Heath,

[13t

Court. Let tie know your next witness, and
what to be examined to ; say what th^ are.

Serj. TisdalL The neict is one John Warren,
produced to the same purpose of several others.

Court, Let him stay then. Is he a man of
. figure ? W hat is his addition ?

Serj. Tisdall. He is a gentleman, my lord.

Court. Let me tell you, there is no safety in
a multitude of witnesses.

Serj. TisdalL A multitude of people agree-
ing to the same fact greatly corroborates it.

Mr. John Warren sworn.

Serj. Tisdall, Mr. Warren, were you ever at
Dunmaine?

Warren. I never lived at Dunmaine, but
I belonged to one Mr. Chambers, that lived
at ■, and went there several times about
liis business ; my lord's steward would buy fat
sheep from him

Were you ever at Dunmaine, Sir, while my
lord and lady Altham lived there f— I was
there several times whilst they lived there.

^ Did yon ever see a child there P — Indeed I
did seea child there.

What sort of a child?— They called him
Jemmy, Be was a boy.

Whose child was he ? — 1 do not know whose
child, hilt my lady called him her child, and
came one evening and asktd, How does my
child do ? putting out her hand to him.

Who did you see the child with r— With a
servant.

Can yon say whose child it was ? — It is im*
possible for me to know whose child it was,
my lord called him his son.

[Cross-examination.]

Mr. Le Bunte, How do yon g^ yoar live-
lihood ?-*I have a livelihood.

Have yon any trade?— I have no trade.

Upon your oath are not you a beggar?— I
am not ; I have something of a livdibood.

Court, Unless yon can now tell ' us what
vour witness will say, I assare you we won't
have the time of the Court taken up in this
manner.

Mr. Archdale, For my part, my lord, if they
brin^ a hundred such wi^esses, I'll never think
it worth my while to listen to them.

Mr. Dahf. We'll bring but as few as we pos-
sibly can.

Mr. B£carder» We shall bring very good
witnesses, and come to the point as soon as we
can, when we begin our defence ; but these
gentlemen, I perceive, will nat give us an op-
portunity.

Court. Unless you bl^ve something new to
Q0er, or a man of greater figure or honour to
corroborate what these witnesses have said, we
shall not hear him. If you have any person of
undoubted credit, in the name of God produce
him.

Mr. Jiioc Manus, We have many more to

examine, and those witnesses of undoubted ere*

' 4it, and I hope t|i9 Court will indulge us so far

u to bear their evidi^ce, Welutve

many, it is true, and I beg leave to say there
has been a great consistency of truth in their
testimony, and they have sworn very mate-
rially ; and, my lord, if we falsify the traverser
in any one point, we will falsify her in the
whole ; we have twelve men of honour to try
her, and I desire we may be permitted to call
Robert Ken night, he is a very material person
in my brief. •

• Cotirt. What is it that you produce him to ?

Mr. Mac Manus, He is a material witneaa
upon my paper ; he will prove to your lordship
that lady Altham (which is the nrst point be>
fore you upon this perjury) was big with child.
My lord, they will not let me open his evidence
any farther, because be is here.

Court, Bring him up.

Robert Kennight sworn.

Mr. Mac Manus, Did you know the late
lord and lady Altham ?

Robert Kennight, Yes, I did.

Where did you live when yon knew them ?
—- lu Garrydune first.

Did yon know them while they lived at Don*
mainer — I did. Sir.

How fiur irom that did you live?— In the
bounds of Dunmaine, they joined together.

Was my lady, or was she not with child at
any time that you knew her at Dunmaine P—
In my opinion she was.

Have you any reason for that opinion ?— AH
the reason I have fi>r it is, because I seen her
big, and like a woman with child.

Did you see any child in the house of Dun-
maine r— I did.

Did you know of any bonfires and rejoicings
upon any, and what particular occasion ? — I
did, for joy about the young child that my lord
and lady had.

Pray, do you know Mrs. Heath ?— I never
knew tier, I made no acquaintance with her.

Do you remember to have seen her at Dun-
maine ?— I never did see her or know her at idL

I shall ask no mere questions.

Court, How many bonfires were there made?
—None but one.

Where was it ?— At the great house in the
back-side in the avenue.

Mr. Solicitor, My lord, we have examined
such a prodigious number of witnesses to one
point, that if my judgment had prevailed, you
should have had an end of them long ago ; but
we shall now call our last witness ror the pre-
sent, and trouble your kirdship no more, except
in the counter-proof upon the reply we should
hare occasion to produce fresh proof. This
witness is a witness that was examined upon
the last trial in ejectment in the Exchequer,
her name is Joan Laffan.

Court, Why did not you call her first?

Mr. Solicitor, We look upon her to be a very
material one, and hope she will sattsfjr your
lordship and the jury of this whole afihir.

Court, I was wondering what waji become
ofher all this time*

ISSJ

fijT Perjury.

JooH'xjBtffhti twoni.

Serj. TUdaU. Mrs. Laffan, did you koow
my lord and lady Altham ?

Joan Laffan, Yes, Sir.

WereyoQ ever a servant there? — ^Yes, Sir.

What was your serrice ? — I was chamber-
maid when I came there first.

What time did vou come there first ? — ^The
Tcar after the death of the queen : I was at co-
HNiel Dcane'a at her death, and came the year
after to lord Altham's.

Pray, how long did you continue in that em-
ployinent of chamber-maid ^ — About a year
and a half, and then I was employed to nurse
master Jem^py Annealey.

if ow old was he then ? — Near upon a year
and half, or thereabouts.

Pray now, whose child was heP — My lord
and lady Altham's.

By whom were you employed to nurse him ?
— By my lord and lady Altham.

Pray, what time did you go into my lord's
acrficeP— To the best of my knowledge, it is
the harreat ; I lived at colonel Deane*s till after
king George the first came in better than half
a year, then I left it, and was a little while with
ny ft^ds, and then went to lord and lady
Altham's.

Pra^, can you tell in what month you went
there f-—l cannot recollect the moutn, but, to
the beat of my knowledge, about harvest.

In what year wasit?-*I cannot exactly tell
what year.

But you say it was the year after th^ king
came in ? — Toe year after, or thereabouts.

How long after you lived as a chamber-maid
was this child put into your care by my lady ?
— ^Near upon a year and a half after, or there-
abouts.

Who was it put the child into your care ? —
Lady Altham.

Pray, did Mrs. Heath know that you took
care ofit?-^he did, Sir.

Where was the child before he was put into
your care f — ^The child was at nurse before ;
when he came from the wet-nurse, he was put
into my care.

Pray now, how old was the child when yon
were hired? — 1 believe the child was three or
four months old when 1 was hired, there or
thereabouts.

How old do you say he was ?-^Abont three
months, or better, I cannot exactly tell that.

How old was the child when pnt into your
care ? — Near unon a year and a half.

How long after \ou were hired was he pot j
mto ycmr care ? About what time of the year ? j
— ^About a year and half after.

Were yon a year and half chamber -mn id j
before you had the care of him ? — Yes, 1 be-
lieve 1 was near upon it.

How long did you attend this child before
my lady went away P-^Half a year.

How long did you attend the chif d before my
lord and lady parted?— About tiyo years old
the child was when they parted ; so that I at-

A. D. 1744. [IS4

tended him half a year before mj lady wvnl

away.

Before this child was pnt into your care^
where was it? — ^At the wet-nurse.

You say, that before this child was pot int9
vour care, it was put unto the wet-nurse ?-«-
Yes. •

Was it ever brought up by her to Dun-
maine house ?- Yes, it was ; sometimes my lady
would go on fine days and fetch it in the coacn
with her, and the nurse would bring it other
times.

Was Bfr^ Heath m the service then?— Sb#
was indeed.

Pray how did my lady behave to it ?->-My
lady was very fond of it.

Who used to dress the child ?— Mrs. Heath
dressed it ; its day clothes were kept in the
house, and the child was dressed by her and
my lady ; and the night clothes were kept with
the nurse.

How did Mrs. Heath treat this child ? Wai
she employed in any sort about it? — Some*
times to dress him, and take him in her arm^
that way, very fond. I know that when there
were jellies made, or jellies left, it waa given to
the nurse, and put mto her whey and broths U>
drink.

Were you at Dunmaine at the tiroa of tha
separation ?— I was there.

Where was this child then ? — In the h^nse.

How did my lady behave to the child at
parting ? — She desired very hard to take the
child with her, and my lord would not let her
have him.

Pray, was there any thing happened jpar^
ticular to the child at toe time of the parting f
— My lady desired very hard to have the chUd ;
she sent down for Mr. Taylor to come up and
hand her down stairs ; so, when he came up,
1 hope, says she, you had not a hand in this
wicked plot aontrived for me. He said, No,
he had not. Says she. If you are so good a*
to prevail on my lord to let me have the child,
I do not care it I never set my foot in Dun-
maine again.

What happened upon that?— -1 know that
she said so, for I stood at the stair-head when
Mr. Taylor handed her down stairs.

[CroBs*ezamination.3

Mr. Spring. Where were you hired into thtf
service of lord and lady Altham ?*-My ladj
hired me.

Where ?— In her own house.

Are you sure my lady hired yon ?— She did
indeed, she did not know me, and she sent to a
gentlewoman to get a character of me, and sbm
said she would giro her word for 1,000/. far
me.

Who was that gentlewoman ?— It was Mrf^
Synnot, she sent her footman to her.

You say ray lady was at punmaine at that
time ? — she was.

Upon your oath, did she continue the whole
month of August at home?— I cannot tcB
whether she did or not.

tSS]

IT GfeoitGfe II.

TfUl oftaary Heaih^

[isd

* Wa* ttie, i» #M ibe nol tfl home Ite ttonth
of August f-— 1 canoot tell whether the #is at
borne or not.

Did she \ft ft week abroUd at any time in
A\i|2^o^t? — t cannot recollect.

Was she a fortnight abroad in August?—
I cannot tell.

#'as she the whole month of August abroad?
•^I cannot discharge mjr memory.

Was she the whole month of September ? —
) Cannot discharge my mettoory when she was
At home or abroad.

Was she the month of October f—-l cannot
telU

Was ihein IQotember ? — I cannot tell.

Or December ?— I cannot tell.

Was sbe the month of January ? — I thought
t did not come here to scold.

Was she absent for three months togOiher ?
•-1 cannot tell, but she did go away for three
mouths.

You say that my lady used to go in a coftch
to visit this child ? — She did.

bid not you sav that the child was brought
^ery day to the nouse by the nurse ?— Some-
times tbe nurse came up *with him, and some-
iSmes my lady i^enl to tbe nurse's to see
bim.^

Did not this conHnue e^ery day during the
whole ^ time that the child was at nurse ?-*•
Sometimes, I do not say every day ; but some-
times my lady would go there, and sometimes
the nurse would bring him to the house.

To what place did you go after yon left that
•erviee ?— I went to Cheek-Point.

Do you know Mr. William Bolton ?— I do.

Is he an honest man ? — I belief e he is.

Do you know Maynard Walker ? — Yes.

Is he an honest man ? — He has a very indif-
ferent character, and all the family ; 1 know
they helped to ruin me.
' Do you know William Elms ?— I tie.

What character has he?-~I see nothing by
the man.

What character did youjgive him wbenyon
were examined in the Bxcbequer ?— What
character did he give me ?

Did hot vou swear , then that he was an
honest manr— I do not say to the contrary
now, do I ?

Did not you then say, that you ooold make
bim blacker than he could you ? — I do not
know but I did.

You say, you saw the child in tbe coach
sritb my lady when she was going away ?—
I did, and she kissed the child m the carnage,
and the child was taken away from her.

What time of the day was that?--It was
after dinner-time, between that and evening;
towards the evening.

ftepeat that again ?— It was towards the
evening.

^ Who used to vfsti afDunmaine when yo«
lived there?—! tannot tell the company
azactly.

Did Mrs. Oiffaid visit my lady ?-*-Sbe did
•ometimesj

Did my lady Tisit herf— Mj lady visited
her sometimes, I cannot tell exactly how
often.

Did yon know Mr.Palliser at that housed
— I diJ.

How long did hfc use b Stay thore A t fmief
—I cannot tell how long.

Did he see the child r— He did bee ft.

Did he know whose child it was ?— lie knew
the child wks m v lord and lady*ls.

Had he ever the child in his arms?— I can-
not swear he had the child ih his arbds.

Court, Do you know ISdmond tJowlAt r— «;
I do.

Did my lady go a#ay in a coach or cbari<j|^
—To the best of my koowliedge it was a foy"*
wheeled chair.

Was any body with her ?— Yes, Mrs. Heath.

Was there any body d^ With ber?— No*
body else ihat I know of.

Was the child in the chair?—! seen the
child was taken to her, and she kissed the child
when it was taken from her.

Did she desire to have tbe child brouirbi t6
her?— 4She desired the child to be banded t»
her, iind then she kissed it.

How many horses werq there to tbie (ibair f
—To the best of my knowledge th^re Wer^ t^o.

Was the chaise open before or at the top?-*
Upon my word I cannot give my word for that.

Was it an open chair, or a chariot ? — I caa*
notgi^e my word for it, what carriage it was.

Was it before or after dinner my lady Wcot
away ?— It wks after dinner, Sir.

nr. Spring. Were you ever in Ibe boiis^
the chila was nursed in r— I was.

Was tbe wall a mud or stone wall ?— Ston«
and mud, mortar wall, stone and mortar mixed,
stone in the lower part.

Do you know Sarah Weedon ? — I did.

What did you tell Mr. BoHon concerning
my lady's having or not having a child?—!
never told him any thing, for be neror talked
to me of the subject at all.

Mr. Solicitor. My lord, I told you she should
be the last witness upon the direct examination i
we reserve a power to reply to any new points^
if necessary.

Court. Yon shall, to any neW facts.

[Here the evidence of the proMcutor wMl
dosed.]

Court, How many witnesses have you^
gentlemen of counsel For the traverser? Havi
you any objection oh either side to the jury
having some refreshment?

Counul, We have no oljection.

Jury, My lord, we chuse to so on, and will
not have any refreshment at] all ; but desire
Mr. Recorder will consider how long we have
been in the box, and that he will shorten the
trial as much as is consistent with tbe benefil
of his client.

Mr. Recorder, My lord, it is with tbe nt*
most concern that I am to lay any thing befora
the jury at so late an hoar, but as Sm is a
matter of great consequence, I am sore thejr

1ST J J^ Perjutif.

wfll bear tn6 #itii pAen^^ attd T sbaH nhakA
ift as tboit as potsible in ease of ihe jury.

Viy lord, there are t^o points that now are
in question ; for though thetre are four or fire
assic^nments of peijorj, jet they all end in
two; one Is, that lady Altham was tnth child
while the traverser, Mrs. Heath, lived with
her ; and the other, that Ihe was brought to-
bed of a son.

My lord, it appears from the eiridence of the
prosecutor, that my lady Ahham came first
into this kingdom in the month of October
1713, and the fiict is so, and that she never was
in this kingdom before. This will be material
when I come to speak to the evidence, attd re-
tnark opon the particulars of it. It appears
from the evidence, that my lady came to th^
boose of Mr. Briscoe in this town ; therfc She
stud till some time hi December, that m v lord
Altham came to town and was reconciled to
her, and though they have endeavoured to
prove that they left Bfiscoe*8, and went int6
lodginsB befori! they Went dowb to Dunmalne,
we sb^l prove that my lord Altham Remained
at captain firiacoe*B with my lady, and never
went to Mrs. Vice's, the place they pretend he
remove to, till he went to Bunmaine In the
coimty of Wexford. We shall prove that they
remain^ there, and went from the house of
Bfiseoeto Danmaine. My loid, we shall prove,
though they swear that they stayed but three ot
four days at Briscoe's after my lord came, fbtso
AKoe WXb alid the other witnesses have sworn,
that they stayed at Briscoe's during their con-
tbuanee in Dublin ; and that myladv, when
the lodged at Mr. Briscoe's, hired Mrs. Set-
Wright, the house- keeper, tfiough those persons
txnttd not remember hef naine. We sliall
jirore that Mary Waters was hired for thid
chamber-maid, and Betty Doyle for laundry-
fiiajd, and that mv lady sent these servants
down from Briscoe^i to Dunmalne beibre her.
two days before my lord and lady set out ; ano
\hese people will prova that two days before
they set out, my lord and hidy lodged at Bris-
coeV and that these servants set ddt fVom
thence to Dunmalne. We shall prove when
tbey came to Dttnmaitte what servants were
there, for it will be material to the jury to know
who tb^ were, because we shall not give evi-
dence of roving, straggling people. We shall
prove by a concurrent testimony of all the ser-
vants of the family, that my lady n^ver was
with child at Dunmaine, Or any where else
in Ireland. We shall prove, that in the months
of Se^ember, October and November 1714,
when it is sworn she was in this town sick,
and visited by a pbysicia'n, that she was then
fai the codnty of WeidTord. We shall prove
that one Mrs. Oiffard, a near neighbour and
acquaintance of lady Altham's, had twins, and
that my lady was at the groaninflf, and so far
ft-om being with child, that she lamented her
not having the prospiect of a child ; and we
shall prove that my lady, at the time that these
witnesses Ibr the prosecutor sWear that she
was at DoDmalnei and oear lyiog*iB| and lay

A. D. 174«.

ti3d

th6 tim« in April or May 1715, we shall prote
by a cloud of witnesses, that she went to the
spring assizes of Wexibrd that year, was at
tne assizes, and at the trial of one Masteiwm
and Walsh fbr enlisting Pretender's men. We
shall 'prove by several witnesses of undoubted \
credit, and by the person where she lodj^^ed,
that she was there all the time of the assizes,
and was there the 18th day of April, and at th«
trial df these people, when Higginson swor#
that she was at home and bi^ with child ; and
it Will appear to ;^our lordship, that she was i»
far from being with child, that she did trot re-
turn to her own house till the 22od of April.
We shall then prove, that after that she came
to Dublin ; that she came here in May follow-
ing, which, if what they swear be true, could
not be ; for they say she lay-in then, and thai
it was above three weeks lieftre she got out
of her dMimber. We shall prove that she was
in Dublin the king's birth-daj, when the fire*
works Were made on that oecasioD, whkk
was on the 98th of May. Mv lord, one would
imagine that when we shall have given yo«
the tsenclirrent testimony of all the servaDt*
ofthe family, and other undoubted witocssaa
touching these facts, we should have little oc-
casion fbr further proof; but we shall go ti>
facts that will overturn their witnesses, and
shew that all this is a made, contrived afikir.
My lord, they pretend that this child wai
christened, and that Mrs. Pigot and counsellor
Cliff and Mr. Colclough were godfathers and
godmother; they swear that they were all
present at this christening. These are cii^
camitances we shall shew to be false ; and if
we can prove that Mrs. Pigot was not in the
county of Wexford from November in the
yeltr 1714, till after the separation in the year
1716, all this contrivance must fall to tha
ground. My lord, we shall prove it inc6n-
testably ; we shall prove that Mrs. Pigot came
to Dublin froni the county of Wexford in No-
vember 1714, that she was In Dublin in the
year 1715, that her husband broke his l^, and
happened to lye ill in the county of Tipnerary,
and that abe went to him and contmued there,
and never returned to the county of Wexford
from November 1714, till some time in the
year 1717, Which was after the separation ;
and we shall prove what will fix this, that the
great eclipse was the 22nd of April 1715. Now,
they lay that this christening was in May or
June that year ; for they say lady Altham was
brought to-bed in May, so. that Mrs. Piffitt
must have been in the county of Wexford, if at
all at the christening, in May or June. Now,
my lord, weMI prove that at the time of the
eclipse, Mrs. Pigot was with her husband, and
was actually in the county of Tipperary thd
82nd of April 1715, and continued there many
months after. When wc have proved this,
we shall prove that Mr. Cluf was not in the
county of Wexford in May or Jnue 1715, the
time of bis being swore to be godfather to this
child ; we shall prove he was in Dublin during
the term, and continued sick he»e afVer, till the

139]

17 GEORGE U.

Trud ^Mary Heath,

[140

mictdle of Jane. We shall |»ro¥e, that at the
time of Mr. Colclougb'a being said to be god-
father, there was a particular quarrel between
bim and my lord Altham ; besides that, Mr.
Colclough was a papist at that time, and died
one; and then you'll judge whether^they
would have chosen a papist godfather to a
child bom to inherit so great an estate and such
honours. When we have proved this, we ap-
prehend that this concurrent testimony of all
the servants of the. family of my lady's having
never been with child, and the proof of her
beinflf at Wexford at the assizes, and after in
Dublin, and other circumstances, will convince
any reasonable man that this is all a fiction. 1
could open many other circumstances, but
rather cbuse to spare the time, and kt the
jury hear the witnesses.

Mr. Smith, My lord, the first witness we
produce is Mrs. Vice ; you have heard of one
Vice in Essex-street, to whose house lady Al-
diam was supposed to go to lodge the first time
■he was in Dublin, after my lora and she were
reconciled at Mr. Briscoe's : we have the daugh-
ter of that lady, and she will give your lordship a
true account of tttat transaction, and the true
periods of time concerning their lodging there.

The Examination of the Traverser's wit-
nesses began at a quarter before nine o'clock at
night.

Mrs. LetUia Vict sworn.

Mr. Daly, Mrs. Vice, I'd ask you a ques-
tion, madam. Pray, do you remember when
the late lady Altham came first iuto this king*
domP

Mrs. Vice* I do remember her. Not when
she landed ; but I remember her being in the
kingdom.

The first time that yon remember her being
in the kingdom, where did she knlge?— t heard
she lodged at capt. Briscoe's.

Seij. Tisdali. I am to inform you, you are
not to tell what yon heard.

Mr. Do/v. Pray, madam, where did you first
see her ? —I first saw hei; in my mother's house
in Essex-street.

Pray, can you recollect the first time that
■he came to lodge at your mother's ? — Indeed,
sir, I can't.

Is it from the country she came, or from
England ? — From the country I believe.

Pray, madam, what time was it f— 'Indeed,
sir, 1 can't tell.

Do you remember any thlnn^ of her living at
Briscoe's r — Yes, I heard she lived there.

Do you remember the time, madam, when
she lodged there P-^I only heard she lodged
there ; 1 never was to see her there.

Do you know Mrs. Cole ? — No, Sir.

Do you remember whether my lady came
from the country to your mother's ?— I believe
from the country.

What reason have you to believe so^ — I have
reason to believe so.

Why ? did you observe what people came

with her?— I did not, Sir, I was then very
young.

Do you remember the fire- works that were
at the birth* day of king George the first; and
were my lord and lady at vour mother's bouse
then f — I remember them being at my mother's
house one birth-day of king George the first.

How often were they at your mother'k?^-
They were there twice, and 1 believe once was
before the birth -day ; they were there at the
death of the queen.

Was that the first time of their being there T
—I cannot tell whether that was the first time.

Were they ever there lodging but twice?
— But twice, to the best of my knowledge.

Was ¥Our fiither living tlien ? — ^My lather
was dead.

Will you please, madam, to give a particular
account of the times they were there ? — I cati'^
give a particular account, but that they were
there when the queen died, and one birth -day
of king George the first.

What day of the week was that birth- day ?
—It was on a Saturday.

Why do you remember it to be on a Satur-
day?— I remember the Restoration was otpt
Sunday, and my lady had a mind to have a
bonfire made before the door, and my mother
was not willing there should be one, and there
was some disput/e on that ; and that makes me
remember the day of the week.

Do you recollect, madam, whether there
were any fireworks that birth-day ?— I believe
there was. Sir.

Did you see any body at those fireworks
looking at them ?— We were pretty near the
Custom-hou8e,'and I believe I might see some
of them there ; but was not with my lady to
see them.

But you say tlie first time my lord and lady
lodged at your mother's, they came from the
country ? — To the best of my knowledge they
did.

Pray, madam, when first my lady came
from England, did they come to visit at your
house or not? — My lady. dined with my lord
there; but I don't believe she came to lodge
till after she came from the country.

Mr. Morton. There was a direction of your
lordship's, that the witnesses should be kept tQ*
getber till called for ; but 1 am to inform your
lordship here are two of the witnesses walking
about the court.

Mr. Anneslejf. I beff, my lord, I may explain
this matter to your lordship ; I've Men with
them tor these three hours, and Mr. Hervey
did not leave the place till it was said he was
sent for by the Court.

Mr. Daly. My lord, the witness says, she
remembers, that when it was said that my lady
came from England, that my lord and she came
to dine with her mother.

Where did they lodge at that time?— I heard
they lodged at capt Briscoe's.

Did they Mge at your house. then? — Net
when they came to dine there.

Did my lady ever lodge there before ?^No«^

141J

fir Perjury.

A. D. 1744.

C14t

Yoo remember those fireworks that were at
the time they lodged at your mother's bouse ;
bow loot; did they cootinue in town after ? — I
can't tell.

Well, madam, tbe last time, which is the
second time that they came to your mother's,
bow long did they continue there P — I can't be
exact to tbe time: they were there a good
while, but 1 can't tell bow long. Sir.

What time of the year was it ?*<-I can't re-
collect the time of the year.

What time of tbe year were they there the
second time ? — ^Tbey were there the eight and
nine and- twentieth of May ; but how long be-
fore that I can't tell.

What reason have yon to be exact as to those
days ? — Why, the first being tbe birth -day. Sir,
and the fire- works being at that time, and my
lady's desire of having a bonfire on Sunday
night, which was the mstoration.

How hmg did they continue in town after? —
I can't be exact how long they continued in
town.

Do yoa remember any thing of twelftli-
aigbt? — 1 do remember my lady was there
one twelfth -night, but what year 1 cannot tell ;
and I remember there was a twelfth- cake.
rCroas -examination.]

Seij. MarihalL You say, you are sure that
huly Altham was at your bouse at the death of
tbe late queen Anne ? — 1 am, Sir.

Pray, do you' remember the 30th of October
foltowmg that ?— No, Sir, I don't. .

Do you remember any thing remarkable
that happened that day ?^ don't.

Seij. manhall. 1 tell yon then, that was the
oorooation of king George the 1st.

I ask YOU now, were there not tbe fire- works
on that day in Dublin ?•— 1 don't know indeed.

Do you remember any thing particular of the
f Otb of October f — I do not, Sir.

Can YOU take upon you to saT, that lord and
lady Altham were not in Dublin in October
1714? — 1 can't take upon me to say whether
they were or not.

Can you, that they were not in November
17U?— I can't. Sir.

Yoo mentioned a twelfth -day; now I ask
yoo, can yoo say they were not here on the
twdfth-day in 1714?— I can't say that; but
my lady was one twelfth- day at my mother's.

Can yoo say it was not that year? — 1 can't
say whether it was or not.

Pray, can yon say, since the only reason you
give was, that there were fireworks, that it
was not the fireworks on the 20th of October
1714? — 1 say it was not that day that I re-
mark ; it was the 38th of May; Saturday, and
tbe Sunday was the Restoration.

Can you say that that was not the S8th of
Mav 1716 ? — ^Indeed I can't take it npon me
to fix the year ; but belioTc that it was the year
1715, and my reason for it was, that it was
Saturday.

I ask yoo, madam, can yon say that it was
not Haj 1716 ? — I do not befieve it was May
1716} I say H was on a Salorday, whatover

was the year It was in ; whether it was tbo
year 1715, or 1716, it was on a Saturday, an4
that was the year.

Court, Saturday was the day in 1715 by the
almanack.

Selj. Marshall. Do you know one Catharine
Mac Cormack ?— I do, she was my mother^
senrant.

Was she a servant in the family at the time
lady Altham lodged there ?— She was.

Do you remember that there was any dis-
turbaoce or quarrel between lord and lady Al-
tham, while at voor house? — I do not remem*
her any particulars of that sort at all ; I was
too Yonng to make observations of that kind.

Mr. Harteard. You must have been very
young indeed at that time, madam ! — Not so
young, perhaps, as ;^n maj^ imagine, Sir.

Seij. ManhalL Pray, give me leave to ask
you bow old yon were then ?— 1 am now three*
and -forty, Sir.

Did you never hear of my lord's sending for
Mrs. Liucas the midwife? — I never did.

Was she a noted midwife at that time ? I

believe so. Sir.

She lived near yoo, madam ?•— She did so. .

Was mv lady at any time confined at yoor
house? — I do not know.

Did doctor Jemmat^ever visit her?— 1 do
not know but be might

And yoo do not know but my lady was heiv
In October, November, December and Januaiy
17 1 4 ? — I do not know.

What clothes did my lord and lady wear
when they came to your house first ? — ^ladeedy
Sir, I cannot tell. You could not tell, I sup-
pose, what clothes I have on now at such a
distance of time.

What dotbes did t)iey wear generally ?— I
do not know ; I know my lady was in town in
tbe queen's monming. 1 have seen her too in
colours, m a yellow and silver silk, a bloe and
a white damask.

What was yoor reason for fixing the birth-
day to Satprday ? — My reason was, beoaose my
lady woold have a bonfire on Sonday, and my
mother was not wilM^ there shooldbeone,
and there was a dispute aboot it.

What was the obiecUon yoor mother had to
tbe making it? — It was, that as she was a
widowy she diought soch a thing as a bonfire
was not agreeable to her, and that was the
reason.

What day did the king's birth-day happen
on in tbe year 1790 ? — I do not know ; but my
lady could not be at our house in the year 1720,
because my mother had left the house.

Court, Tbe witaess said that the Inrth-day
that lady Altham was at her mother's house
was on a Saturday, and whatever year that
happened on, that was tbe year. And thai
was the year 1715, by the almanack.

Sen. Marshall, You mentioned a twelfth-
cake, 1 think ?--.Ye8, Sir.

Was that the first or second time lord and
huly Altham were at yoor mother's*— -I can*
not be particular wheuer first or second.

10} 17 G{:ORGE II.

fny, mi%io, dow loog is it mce yoo fimi

f«oo1)ected ihat this birth -day was oo a Satur-
day?—Since 1 was asked whether my lady
was io towD 00 a birth -day.

How long is it since you looked into an al-
nanaok about tbiaP — I never looked into ao
almanack till aAer I had told that it was on a
Satarday, and the Restoration on Sunday, but
never till then.

Were not yoa in town when the la^t trial
was In the £zcheauer? — 1 was, Sir.

Were not yoa then applied to?— I was ap*
plied to.

And did you come ?— I did not cooi)e.

Bow 80 ?—Becaf^e I could not recollect any
particular passages atthat time.

Seij. MarthaU. Why then it wa9 not till
after the trial that you were set right

Mr. Daly, Who applied to you to apnear at
the Exchequer?— There came a genliemao
from captain Annesley to know if I Knew any
ibiog of this afly r. 1 sent word I did not, and
\f there had not been a particular qoestidv
asked me about tbe fireworks, 1 should not
bare recollected.

ISen. JUortAaO. Who asked that particular
fuestfon abopt tbe fireworks ?-*! cannot idl
who it was.

From whom were yoa asked that ques-
tion?— It was from Mr. Annosley's family.
|ttr. Mac Kercher and Annesley before that
earoe to me to know what I Knew of ipy
lady's lodging at my mother's ; i^pd I told theip
) knew nothiqg particular about it.

Who asked yoa the particular qqestion about
the ilre*work9? — It was captain Auoesley'a
fod lord Anglesea's friends.

Was this at the time of the trial ?— I do not
Jcnow when the trial Vm«

1 tell y<>a then, ii began the Itth of NoTem-
lier ]743, and lasted for twelve days; did they
ask that question during that time?— ^hey
only applied to me in general, to know if I
knew any thing of the time of my lady Al-
jtbam's lodging at my mpther'a, and 1 tplcl them
I could not recollect

Did thev at that tim pot this particohr
qaestion aooat th^ fire^orka ? — ^Tbey did not

Did they any time before ^tbe trial was
OTer ? — No, they did not Mr. Mac Kercher
jcame |o me when be came orer first, to en-

fivre about my lady'a lodging at my mother's,
told him I recollect^ nothing particular
jjiout ity an4 had nothing to say jthat could
jperve biv).

When was it that that f veition was pot to
you ? — I cannot remember the day.

Recpllect when that question was put to you,
«raa it hefore the trial at Wexford ? — It was.

Who yr^ the person that put the question to
TOP f— 1 forgel by whomt ^ ^<^> ^^^ to by^
lord Anglesea's fnends ; I dp not know whe-
thar Mr, Colles did o^ not, but b* ^^ vith

Mr, Kifikar^ iffikHs' Ww JTOa fi> PP/

Triat qfUary Heaiht

[144

Qme, and when, acquainted with lord and lady
Altham ? — Mary Setwrighi, I was, Sir.

When were you first acquainted with them f
— ^When I was hired to them.

When were you first acquainted ?— Four
days before I was hired.

When were you hired ? — About five or six
days before Christmas- day.

In what year?-*-The year I cannot tell
well.

Where did lady Altham lodge tben?-^At
captain Briscoe's in Bride- street

Do you know how long she had been in Ire*
Ijind, before you were hired ?-~Not long. < .

You have said that you were hired at captaia
Briscoe's ?— Yes, Sir.

Mr. L^ Hunte. How soon did you go from '
Dublin after you were hired ? — In four days.
• Mr. MaUme, Pray, after you were hired
did yon leave town, and when?— Four days
after.

Where did you go ?— To Dunmaine, to mjr
lord's country-honie.

What time did you yet there ?— The day be-
fore Christmas- eve. -

Were there any other persona that went with
vouP— Two servantSi the chamber-maid and
laundry-maid. n

Who was the chamber-maid ?— The chain*
ber-maidwas Mary Waters,

And who was the other woman ?— Elizabeth
'Doyle.

You say that yon got to Dnnmaine before
Christmas ?— A day before Cbrismas-eve.

Pray, madam, did my lord and lady go them
at any time after, and when? — ^luey came
there the very next night, Sir.

Now, I would ask you, where did they lodge
when you left town? — At captain Briscoe's.

In what atation were you hired ? — |loHie->
keeper.

How long did you live with my lady ?— A
year and a quarter, or thereabouts.

What time did you leave her? — In Fe-
bruary.

What year?— Indeed I do not know the
year ; but the eclipse was the year following.

Do you remember, during the time yoa
lived there, to have seen Mrs. Briscoe or her
daughter there? — I did, Sir.

Can you recollect how soon after my lord
and lady went to Dnnmaine, it was that they
were there ? — It was very soon, but 1 cannot
teU how long.

Now, I ask you whe^er my lady muwarried,
or kept her room for any, and wnat time ?— >
Never to 9iy knowledge.

Did you ever hear it ? — ^No, mdeed.

Could she have miscarried at Dnnmaine
during the time Mrs. Briscoe and her daugh-
ter were there, or |^^t her roomj without your
knowing of it ^

$erj. ManhalL I must atop Mr. Maloae e
little, because iiis a direct leading question.

Coitri. Yfam ipy lady aiok, pr confined lor
any time wb;le they were in thei^Uie P— ((pt

145]

for Perjury.

A.D. 1744.

Mr. Molme. Yoo ray that you were boose*
keepnrr— Yes.

What tbio|rs were onder your care^ as
boote-lEMper ? — 1 kept the sngare, tbe spices,
aod bread, and all tbose tbtngf*, oYery thing but
ooly liquor.

Were yoo at any time, while Mrs. Briscoe
sod her daughter were there, called to for any
Ifaiag onder your care for any person that was
lick ? — ^No, oot that I know ol.

Court. Did you see my lady erery day at
that time ? — Every day in tbe week, my lord,
1o know her commands.

Was it possible that she could miscarry, and
yoa not know of it ?

Ser). MartbaU. That, my lord, must depend
npoD the credit of witnesses, for a gentlewo-
man of good credit has sworn she did.

Jury. Do yoo beiiefo that my lady was with
cbild ftt that time f — I belieTenot.

Mr. MaLme, Did Mrs. Briscoe and her
daughter reoiam at Dunmaine ior any and
what time after my lord and lady got there ?—
Yes.

How long ? — 1 cannot exactly tell how long
they stayed there.

How long" might it be ? — I cannot say par-
ticularly.

Pray, do yon recollect what time tbey left
Duomaine, what time of the year P— It was in
ioiomer.

Was it tbe summer after itay lord aod lady
went to Dunmaine? — ^Yes, it was.

I ask you now, whether mv lord and lady
came from Dunmaine to Dublin at that time,
or any time, ond when ? — ^They went to Dublin
in my time.

Was it in the same year P — ^Yes, Sir.

Hov soon after Mrs. Briscoe came to Dub*
lio?— Indeed I cannot tell.

Was it ID the summer season of the vear T
--Yes, it woo.

What time was it that my lord and lady re-
toned to Dunmaine next? — I cannot exactly
tdl you what month it was, but it was in the
•ommer-tinae.

Do you know who was butler in your time?
^Thomas Rolph.

Had yoo any and what directions in order to
prepare any and what thing for Christmas that
year? Wut was it ? — Minced piei:, and those
things that were proper for Christmas -time.

Did yoo make any thing particular? — I
made a collar of brawn.

By whose directions did you make that ? —
By my hnnd and hnly's directions.

Wlieo was it that they returned to Dun-
maine ? — It was in the summer, it was a great
while before Christmas.

Did you at any time and when see them in
thia town ?— I did after 1 teft them .

When did you leave them ?— I left them in
Febroary.

Upon what occasion did you see tb.em in this
town, and where, .and 1 would know whether
yoa were called to them for any and what pirf •
poae?— They sent the runoiog Ibotmao for

VOL. XVIII.

me, for to prepare an entertainment Ibey made
for company.

Where did they lodge then ? — ^They lodged
at Mrs. Vice's in Dirty -lane.

What was it they sent to yon for? — They
sent to me to serve the entertainment, lo ma-
nage it, and see it properly done.

Do you remember at what time it was ?— It
was Christmas the twelfth- day.

Court. You lived a year and quarter and then
left them, and saw them in Dublin after ; how
soon after was it?-^lt was about tifo years
' after I left them that 1 saw them in Dublin ; it
was upon a twelfth-day.

Mr. Maione, As you were there that night,
do you recollect an/'of the persons in company ?
— Mr. Colclough was one of the company.

What Colclough ?^Mr. Cssar Colclough.

I thmk you said that Rolph was butler at
the time you were in the country ? — He was.

When my lord and Udy returned to Dun-
maine, was there any and what thing brought
for the butler ?— There was mourning brought
down.

[Cross- ezamioatMn.]

Mr. Walsh, Pray now recollect what was
the particular "time yoo came to live with lord
and lady Altham.— In December.

What year ?— 1 cannot tell you the year.

You must recollect the year? — It was the
year before tbe great eclipse, whatever year
that was.

When did yoo leare her service ?— In Feb-
ruary.

When? — In Febroary before the g^at
eclipse.

Court, When was it that yon came to lady
Altham ? — In December, the year before the
eclipse.

How long did you live with her ? — A year
and two months, to the February next but' one
following.

Was the great eclipse after you left her? —
-Tbe eclipse was the April after I left her.

Jury. Had you the keeping of any china ?—
I had not.

Do you remember any body that had ?—
My lady's woman kept wiiat cups there were.

Do you remember any particular saucers.'-^
I do not indeed.

Mr. Walih. Recollect, now, and tell when
yoo came to live with lord aod lady Altham ?
— I came two or three days before Clirist •
mas.

In what year ? — I cannot Cell yon more than
it was the year before the eclipse.

How long wss the eclipse after the time that
yon came to live with them f — It was the April
after I left them.

And when did yon leave them? — In Feb-
ruary.

How long did you go to the coontry before
them, after you were hired ? — I went four days
before them.

Did you e^'er see Mr. Briscoe and hi^ wife
and daughter at Dunmaine?— Yes, I did.

147] 17 GBOBGE IL

Did they ft}) go Uiera togHher F-^DIm tnd
ber daughter came first.

WhcD did he oomef—- 1 cannot exaetly tell
the time he came.

Was it ia summer or winter f — f think in
anmmer.

What time m the ammner? — I camiot re-
nembef . «

Wat it in barfost ?— I eannot remeonber the
exact tknt.

flow laiig did be stay there P— Mrs. Biisooe
stayed a good while, but I do not know bow
long be skayed.

Are you sure it was ^ in summer when he
eameP — I cannot tell exactly when it was.

When was it that Mrs. Briscoe and her
daughter came ?•— Just after the time that my
lady eame.

tvl^en did my lady go down ? — ^In Decem-
ber.

And when did they go ? — As near as I can
remember, In a fortnigbi or some such thing.

How lonff did they stay P— As good an two
months, I rorget if longer.

Do you know did my lady miscarry at Dun-
maiiteP — She nerer miscarried to my know-

in you were bouae-fceeper, what did you
keep the keys ofP — I kept the keys of the
sugar and aptoea, and several other _tiiingB.

Trimt qfStarjf Ifeaih^

[1«

were yon yomnelf ever sick at Dunmaine P
•^I never was sick myself Ibere.

Did yon ever miscarry there P— I never did.

Were Tou ever brongbt*lo-bed there P— I had
•child there.

When P— The June after I went down.

Were Mrs. Briscoe and her daughter there
When you lay- in P — ^They were.

Blight not my lady nave miscarried when

Jou were laid op with your child P— I never
eard any tbhig of it.

Pray, did you see her eveiy day f-^Every
lay, but i^ben I lay-in.

You said von saw her every day, and there-
fore she could not miscarry unknown lo you P
-^1 was bnt a fortnight in all lyin^-in.

Is it usual for women to go out m that time P
---I did.

Where were you brought to bed P— At the
dairy bouse.

How far distant was that from Dunmaine
hoOseP— About a field fVom the bouse.

Was my lady eonftned to her chamber at «Dy
time while you lived with her P— She was not
that 1 know of.

Micht she not unknown to you P— I should
nave beard of it, if she had.

Can you say, open year oath, she did not
miscarry P* ••-Slie did not to^ my knowledge.

Could she not unknown to you P— I cannot
aay she did to my knnwMge.

Could not she unknown to you, when yon
were out of the honseP— I lieliave not, my
bufy came to see me when I was lying-in.

Who kept tbe keys when you were lying-
tfl P^-Mrs. Heath.

Did yon tome to town when my lady eame

to town, after ahe was at Dolimaine P«— 1 did
not come to town till I left them.

When did irry lady eome to town, after yon
went down ? — I cannot exaotly tell how kw^'
after.

When was it that she came to town P Re*
eollect vourself.^-I cannot tell the narticular
time.

Did she come tlie February following P— lb
was in the summer followiog*.

What time in the summer P— I prota^ I for-
get what month it was.

Was it in July ? — No, it was not.

Was it in August P— To the best of my
knowle(ln;e, it was August.

How long did she stay before alie returned f
—Two mouths, or thereabouts.

Did she go to Dublin after she retnroed ?-^
She returned in two months.

Did you live with ber when she returned
again ?— -I did.

In what time did ahe return P— *In abeuitwe.
months she returned.

How long did you live with ber after P«^
Not lonff.

How long P-^I left her in tbe February ibU
' lowing.

Now recollect and tell the particular tiena
that she returned to Dunmaine. — I oannot tell
the amnth ; she stayed about two months away.

Was she in Dunmaine when you left ber ?-*
Shewaa.

When was that P— The F^mary after aba
returned.

How eame she to discharge you ?— Some-
thing that my lord said that i took ill amde mm
leave it

What reason have you to remember tbavmy
hidy returned in two menthaP— It waaautn-
mer-time ^en she went and when ahe eame
back.

Now T ask you a plain qneatiea, was net
lady Altbam in this town in Novamhar and
December 1714 P— ^Indeed 1 do not know.

But you must answer that question ; was
she in this town tbe months of November and
December, before you left her P— She wan ia
Dublin in the summer.

Was she, or was she net, here in November
and December P — I cannot recollect.

Can yon say that when she west totown in
summer that she returned in two raontha tt
Dunmaine .^«-I cannot be poaitiveabe'did.

Can you be positive she was^iDuaroaina
in November and December before the Fe-
, bniary that yon left her P Come, wemaD, re--
collect.—1 oelieve they were, I cannot re-
member.
. Court. Was my lady Altbam at Dmimaitte
the November and December before yea left
her P — Yes, she was, my lord.

Vir.Walth. Do you know -Mr. Neabit, a
clergyman ? — No.

Do not you know Mr. Ncafait of St. Catfaa^^
rine*s parish 1*^*1 have seen iifaa.

Had you any discourse with hha lately
about tbie natter P-— Not lately..

II9J

/(^Perptni^

A. IX 174;^

[150

fladjM •#«!«[?— I iNldaoow.

What was that ditoouraeP Had yoa any io
idaiioatQt Mr. Aiwcalejr'tbeiog nv iadv's wd
or not? — ^He aiked me if I knew of ber uaTiog
a.cluId»aDd J told bim that I oevtr did, nor ae-
Tcr heavd the had.

Did not yoa tell Mr. Meatit, that if Mrs.
Hetth swore that my lady ne? ar had a chiid,^
•be vu a dann'd hi£cb r-*-No, 1 never did.

Court. Is tbat year iedicto^eat that my
lady oever had a child? Your iadictmeat is,
tbsK the laeier had a child while Mrs. Heath
liffld with bet.

Juxjf^ I think jott said you made some
maiatiasie for CaDStinas at Duomaine f—
I inide hr^w8 in iL

When did yoa make it P-^The Christaiaa I
veDldcwh

Wbso wae; it nyy Vtod and lad(y came la
pBomaine ?-«-Tbi^ eame the very day before
Christmas-dny.

. Aadbow tben coold ye« make the brawn
^pmH Cbrieimaa?— I made it that year, but
eotUui day afler I went down.

Was it the Christmas yoo went there that
joo made it ?— It was that Chriatmas.

Wba cave yea eidws for making ilf-^My
Mdid.

Wherp wa0 h» when be gave y^m those di^
icc^oas ?— He was at borne ft DAimosine.

Was my lady there then ?r-Sbe ^as.

Mr. WaUh. Do you remember any iafqeVK
vithsmatty Qgures on them ? — t didnot.

Did you ever hear that any of them were
brobe by lord Altham?-«-l nererdidj I nerer
4id bear of any focb at alL

Rer. BIr. WtUiam Jlervey sworn.

Mr. Edward Mutone. Ife is an oncient
isas, vy lordf and cannot stay any longer,
wbich makes os produce him now, though oot
«f tiflie, and we are now goioff to shew that
sijlady Altbnm was at the assizes of Wexford
ia AfMil 1715; we etaofiqe him outoftimci
because be ie fi^llioflp sick.

Sefj. TUdalL My lord, I most com^plain to
joor lordship of his beiog in court this some
ttme, and not having been kept with the other
wititfitop,

Mr. Mahne* Call Mr. Thomas BoQik to
•hsw when the W«iford assizes were. I be-
lieva (be gentlemen will admit it for shortness
itkr, that they were on the 16tb of April
)7i6.

Cmtrt* Do vou admit that, gentlemen f

SsQ* JkdtA* I protfst [ do not kffow what
tewytpit.

Ml*. Thomas Bowrk sworn.

Mr. Makm€m What have you got in yoor
baadf'MA record ; a fspy of an estreat.

Wbeie did you get itr from what offiosP-—
From Mr. Morrison's office.

Clerk tf the Cmwn reads the tKecord, as
fpllows; Tiz.

'Com Wcif(Md,ir, Sxlma fit $t Am^m<»

mcn^ tnposnitct Reoogn flbriffact et Attino^
tur Stic ad Geqrral Assis et General Goal
Deliberaoon tentapnd Wexford in Com Wex-
ford pr«d. Die SabbatI decimo sexto die
A prills Anno Begnl Domini nr. GeorgDei
Gra Magn Britan Franc et flibemis Reg
I^idei Del'enc &c prime Cor Ilonobl Joban
Forster Ar Capital Justic diet Domini Regis
Cur. au do Coi Banc su rmi su Uibnis ti
Thorn Coote Ar second Jusiic diet Domini
Regis Cur su de Ci^tital pUt su io flibemil
Justic et Comiss ejusdem Domini Regis ad
General Assie et general Goal Deliberaoon
nee non ad omn et singul Prod icon Murd
Homioid Incend Illicit Assemblacoo Felon
Bj^er Rxiorcon Oppression Cna Contempt
Onens Malefact et Cans qusecunq; in Com
Wexford pred perpetra{ sive per)»etrand au-
diend et terrainand assign Vtrtut Commission
diet Domini Regis sno magn Sigill su Regni
HibniiS gecen dat apud Dublin decimo sexto
die iPebruar Anno Regni su prime.'

Mr. Spring, We produce a clergyman of the
county of Wexford, a man of as good charac-
ter as any in it, to sbew that my lady Altbam
was at that assizes.

Seij. TUdall, I desire, Sir, yon will plesse
to give an accouot, whether yon were not in
court the whole time tbat the other witnesses
were examineo, or "were not informed of what
passed here.

Mr. Hervey.- 1 wak called about an honraQd
half w», and told that the conrt wante<l me;
when 1 found they did not, 1 went into the
court of C|iancery,apd steyeii there till I foun4
the first witness coming ; afterwards I stood by
the clock, and 1 beliere voy wiU think it is im-
possible to hear there any thing that passed
here ; and not one word was I insormed of what
was aaid.

Mr. MaUme. Do you remember the time the
Pretender's men were tried at the assizes of
Wexford ?

Mr. Hervey, I remember when Mr, Walsb
and Masterson were tried tor enlisting men for
foreign service.

Were you at that assizes ?— I was there and
heard the trial.

Pray, Sir, can yoo fix the year when they
were tried ?— Tbey were tried in Lent assizee
1715.

Was it spring assizes?— It was Lent as-
sizes; but I believe it hap|iened in Esster that
year.

Were you in court at the trial of Walsb nnd
Masterson ?— I was in court.

Who were the judges?— My lord chief
justice Forster, my partioolar patron and
fnend ; bis brother was my tutor when I was
in the college.

Who was the other judge?— I do not re-
member any other judge, but I know he was
there.

Were voo in court at the trial? — I was.

Then I ask you, Sir, whether or no you saw
my Iprd^lthani at thai time in town ?— 1 did ;

151]

17 GEORGE 11.

TiialqfMary Heath,

[152

I sav? bim at bis lodgings and at tbs court-
house, and bad discourse with him hi both
places, and ne?er saw bini before or since.

Iii what clotlies was be dressed then? — ^To
the best of my remembrance, be was in black.

Were there &t^y ladies in court at that as-
sizes f^^There were several ladies in court.

VVere they of any lash ion or rank in the
country there? — I saw a lady of Tcry good
appearance, though homely features, and I
asked who she was, and 1 was told— ^

Seij. MarthalL You are not to say any
thing you were told, you must declare notbin^f
but what you know yourself.

Mr. Hervey, They said it was lady Altham.

Mr. Malone. Did you know that lady you
saw to be lady Altham? — 1 am morally as-
sured it was her.

Did you ever see her after ?*-! never saw
iier afterwards.

You saw other ladies there as well as this
lady ?— 1 did.

Did you know them ? — I took notice of none
but Mrs. Giffard, for she was my relation by
marriage ; and I had another reason why I
took notice of her, which was, that I bare otien
heard her blamed

Was ' Mrs. Giffard in company with that
strange lady ?— She was.

Do you remember any quarrel upon the ac-
count of beating a man at the assizes ? — Yes,
I remember it very well, and have reason to
remember it.

Serj. Tisdall. My lord, I do not see to what
this examination can tend.

Mr. Mahne, It is in order to fix the time
particniarly.

Court, Go on, Sir.

Mr. Hercey. 1 took a kiog^s evidence to
Wexford, one Sinclare, he had gone to France
with several others, and when he came borne,
he was afraid 1 would represent bim to the
justice of peace and have him prosecuted ; to
avoid which, he said he would tome in and
make a discovery if I would gel him pardoned.
1 Said I would ; and after 1 had bim, I mounted
bim before mv portmanteau and took him to
Wexford. While he was there some servants
of my lord Altham fell upou him and beat him
for being an informer, and while they were
beating him I catched them, and they had
almost murdered him. 1 took them to colonel
Ham's lodgings, and we went to my lord Al-
tham" to his lodgings, and shewed him the
bloody condition thai this fellow was in.

How did you know where my lord lodged ?
— I was informed that my lord and lady lodged
at Mr. Sweeny's.

Go on, Sir. — We went there to shew my
lord Altham the treatment his servants had
given this man, and my lord said he was
ashamed of their behaviour, that they should
be punished for it, and said they should come
into court. •

And did they come into court ? — ^There came
but two into court, the rest made their escape.

S\Qtt they punished for this assault?— My

lord chief justice Forster was rery angry, but
fined them only 5/.

Mr. Recorder, My lord, thus be ascertains
that lord Altham lodged at Mr. Sweeny's.

Mr. Malone, You aay that you saw Mrs.
Giffard in the court-house, and that she is
your relation ? — Yes, her brother and I took
two sisters in marriage.

Did she sit next to my lady AHbain that day f
— I do n6t know whether sue was next to her,
but she was very near her.

Now 1 ask you, whether that lady had anr
signs of pregnancy or not upon her?— 1 took
particular notice of her ; she was, to the best
of my remembrance, dressed in black, was %
full-cnested woman, and had a fine, slender
waist.

Did she appear to you as a woman with
child ?— She might be very yonng with child,
for aught I know ; but there was no visible
apnearance of her being with child.

Mr. Harward, This evidence is firanded.
upon a supposition that the lady he saw at
Wexford was the lady Altham ; be says he was
only told it was she, and cannot say it was of
his own knowledge.

Mr. Heroty, I am pretty certain the lady 1
saw was lady Altham. 1 am told, Sir, that

}rou are counsellor Harward, am not I to be-
ieve you are ? I am told that gentleman is
counsellor Daly, I am morally assured of it,
and I believe it.

; [Cross-examination.]

Serj. Marshall, Pray, Sir, did you see that
lady go into the court-uouse, that you were ao
particular in your observatk>ns aboot ?

Mr. Hercey, I cannot say 1 did ; but I saw
her in court.

Do yon know Mr. Csesar Colclough P — Yea,'

I do very well.

Did not he sit by that lady a great part of
the time !^ — 1 cannot charge my memory ; aa

I I old yon before, I took no notice of any but
Mrs. Gifiard.

I ask you. Sir, whether Mr. Colclough was
there or not?-^He might be there; and I
cannot say whether he was or not.

Who were the persons tried ?— Jack Walsh,
and Mr. Blasterson.

They were tried that day f— They ^ere. Sir.

Are you sure they were tried at that assizes P
— They were tried at that assizes'.

Tou are positive they were tried at that
assizes?—! heard them lioth tried, and I be-
lieve at that assizes ; Walsh was tried first.

Are you poaitive that they were both ttied P
—Indeed 1 bave-^ reason to doubt but they
were ; they were there, and appeared there at
the bar both of them. '

Were they* convicted or ao(|oitted? — Ao-'
(pitted : Mr. Walsh ma^e a very good de^
tence.

Whereabouts were yoQ ip the court ?«*I
was very near the judge.

Did you or. did you not see Mr. Colclough
there?--! cannot say l-saw Mr. Cotelaugb.

153]

Jqt Perjury.

A. D. 1744.

[l&i

Did 50D see colonel I»nttt there f — I ctODot
gay I smvr ootonel Loftus.

Do you recollect any geotleman of the
coiiDtry that you sawr there? — Why|doyoa
beiiere that 1 waa not there ?

It is no matter what I beliete, hot can you
name any one gentleman that waa there r—
Lawrence Esmond of Bally na^traw was there.

And you remember that Mra. Giflard waa
there very poaitively ? — I do, Sir.

Now, 1 aak you, waa not Mr. Bfasteraon
tried the summer aaaizea?— Indeed I do not
know, I know he was in the dock then.

Did not yon eay you were sure he waa tried
that aaaizes f — 1 do not know whether he waa
tried then or no, Imt he waa in the dock.

Did yon aee this lady anv where else but in
the court- hoose?—! saw her do where else
hut there, neither before nor since.

Did she ait or atand during the time you
saw her? — 1 saw her both sitting and standing.

Whereabouts f — Almost opposite the ^eriff 's
box.

Did ymi talk to Mrs. Giffard at that time ?
— I did not speak to either of them.

Did you speak to her at that assizes?— 1 do
not remember I did ; but if yo« please I'll
gi?e the reason why I took notice of her more
than another.

GiTe your reason.— She was a near neigh-
bour of tord AHham, and was the most con-
▼ersaot there of any othera of the neighbour-
hood ; and my lady not bearing the fairest cha-
racter in the world, I beard Mrs. Giflard
blamed for ha?ing such an intimaey there ;
and therefore when 1 was told this lady, that
made a very good figure by her dress, was my
lady Altham, I took notice of Mrs. Giffard
being in her company ; and whether Mrs.
Gi6Pard knew it or not 1 cannot tell, but I hare
bi>ard her censured for being in it. And if
tbcy had lived within three miles of me, as
ibey did of her, I would not hate had con-
▼evse with either of tliem.

Was not there one Doyle, a clergyman,
tried at that assizes? — I cannot tell whether be
was tried or not, 1 saw him in the dock ; be
was one I knew in the college.

How came you to he seated so near the
jodge ?<»I was near the judge for two reasons ;
for the sake of the justices of < the peace and
grand jury.

Do yon knot^ ^Ir, Henry Bohon ?— Yes,
1 do.

Was be at that aasizes?— Be might, bnt I
do not remembef*.

Mr. Mac Manut, I hope at this bke botir
tbey will produce witoesaes to the point

Mr. Solicitor, I desire, my hMrd, to n»ke
one observation ; which iS) that Mr. Uervey's
tesitaimiv will account for every thine: that baa
been said cooceming the bad reputatiou of this
family.

Mr. Xe Hunie. My lord, we shall now
produce one jBdmond ]w)urk, he waa postillwn
to my lord AUIiam before my lady came to
Dtt&iaaiiie* lie will prove that be rode pM«

tillioo when the chariot came to carry my lord
and lady into the country, and that they went
from captain Briscoe's, and not from Mrs.
Vice's; be will prove that Mrs. Setwright^
Elizabeth Doyle and Mary Watera were ser-
vanli in the family, and tfiat he continued io
the service till the year 1716; that he drove
myhtdyin a chariot in 1715 to the wpnng
assizes of Wexford ; that Mrs. Giffard went in
the chariot with her; that Mra. Heath rode,
and that he was one of the servants mentioned
in this affray, and made his escape from the
aaaizes ; and he will also prove that my lady
waa at a hurliog-match at a place called Ra-
thiomy Bog^, between major Sutton and my
lord, at the time of this pretended pregnancy.

Edmond Bourk sworn.

Mr. Le Hunte. Did you know Arthdr late
lord Altham ? — Edmond Bourk. I did, Sir.

W hen did you first know him ? — At his fiist
coming to mss.

Did you ever live in his service ?— I did.

When did you go to live with him ?— I camioi^
exactly tell the year, but I lived almost six
years and two months with him.

Where did my lord live then?— At Dan*
maloe.

Did you live there before my lady came
over?— > I did.

How long after you lived there did ahe cone
to live with nim ? — 1 cannot tell how long.

What waa your service ? — I was a postiUioo,
and came op for my lady to Dublin.

Where did my lord and lady go from
Dublin ?— They went from Dublin to Don-
maine.

From what piece in Dublin did they go to
Dunmaine ?— From captain Briscoe's in Bride-
street.

Are you certain that they went from eap«
tain Briscoe's ?— By the virtue of my oath,
they did ; we took them up there.

Did, you know Mrs. Mary Heath ?*>I did.
Sir.

What was she ?— She waited on my lady
Altham as her gentlewoman then.

When did iny lord and lady get to Dun-
maine?— We got to Dunmaine in December,
it was about Christonas-Bve.

Who went along with you besidea my lord
and kdy ? — I cannot tell von ; but the chariiH
broke by Johnatown, and a great many were
in company, hut I cannot tell who they were.

Did Mm. Setwriffht go with yon?— Mns.
Setwri^ht was sent down two daya before, and
two maida with her, Betty Doyle and Mary
Waters.

Do-yee remember any body visiting at Dun-
maine for any time?— There waa Mrs. Bciaooe
these.* '

Was any one ak>ng with her ? — Her dau^h*
ter waa.

How long might they have staid there ?*^
I cannot tell, hot I waa aent with Miss Briscoe
to the lower part of the county of Wexford.

Do you knoir one Mr. Boy de ?«~i did*

]»)

17 GEOBGE IL

Trial ^JtSaty Heatli^

[156

WiMre dM he lk€?— H« Uved at RMctoe.

INd DOl you go III hk house ?— We did e^
there, ead aieid there a oight or two, to the
hiit of my knoirledge.

Do you kaow a phiee celled Rethimnj
BfMgp-^I do; 1 waebeffn eeerit.

Dm you kaow iiu|jor Settoii ?^->l knew hiin
verv well.

Did yo« know of any diternoa or sport at I
Bathimny*Bogg?— I remcBoiber a great burl-
ibgtbers.

What was the occaskmof ilP— I wastoldit
was between major8altoo and osy lord Altbamh

Do yen reoMsaber any (terson that was at
that barling f-^My lady Altbam was diere>6ir.

Were jwi at the assises of Wexford at any
time after this burling P — I do not know whe-
ther it was after or before.

WUeo was that anises /^Easter awses m
the jTcar 1715.

Did yod ge frewi the bouse of DaaMslne to
the assizes f — I did, Sir.

Did any body go ahaig with you?— My lady
Went in tbeehariot aad one Mia,Glflkrd*

Who ffode postillion P— I did.

W ho was coaehsnan f •— Joha Weedon.
• Do yen know ef any qoarrel that happened
at the assises, and on what oecasion ?— I do
very well, I haw a reason to know it, 8ir.

Tell yotir reasons. — Some geotlsaien of the
eeaaty of Wexfbni were impeadicd with this
thing of enlisting and barbooring men ier the
Pveteader at that time, and aboreall, there was
the parish priest that is Itviag ye|, sue Father
MioBael Dowaes, and he was our parish-priest ;
and this Dowoes being impeadiadi my lord's
serf ants, four or fire of us, went to see the
priest, and his proseoutors were with him at
the house of one Hatchell*s that kept the Swan t
we fell out with the prosecutors, necause that
wa thought to make it no with them not to
prosecute the priest, ro j lord | and apoa that,
when they would not make it ap, a quarrel
bapp^ned between as, snd pinss your lord-
ship, and to be sure we paid the poor people
my sorel V I bat next momuig we were taken
nrisoners by Mr* Herre^y colonel Asm, aad
Mr. 8ymes, and kept in confinement fit>m
aomiag till aboot eight o'ck>ck at night-—-^

Was my lord Altbam at the aniaes?«-My
lord Altbam was there* A little time after I
^ame home he disobaiged me^ because I aaade
Hirescapes but two were put on their trial.

Who were they P-N.^^Tbey were Ned Mae-
Cormack and Bryan Nsele, the ronabig^ibot-
man, and the groom.

Wheredid yea go after my bird disobarged
ToabissenrioeP— I believe to Kilkenny, and
fired with aldermaa Bamei then ssme little

Do yoo know Mr. Lambert?— I do very
welltf

Did yoo erer lire in bis serfieeP — I brad
with him aftelr I left Kilkenny.

How long did yoa lire in Kilkenny P— I h^
llereldkl not Ufa is SiUmayabov« two or
three ■

Do you remember any quarrel between my
lord and lady Altbam in your time?— I do not
remember any qoarrel.

Did tbey contkuie to lire together as longaa
you knew them P-— Tbey did, they were sepa-
mted after.

Where did you lire then P— 1 beliere witE
AaroD Lambert.

Where did be lire then P— He kept a bouse
in Ross then.

How ftr is Ross hfwa Danmaine P— Four
sessll miles from, Doomaine*

Did yoasee my lady after the SMantioB. P— ^
I did.

W bora?— la Ross.

Do yoa recoilectlbe house that my lord and
lady lodfsd in at Wexford at the aMiaes?-^!
set her down at one Mr. Sweeny's.

Pray, whilst Mrs. Bfisooe waa in the bonstt
at Duamoine, did yoa hear ef any misoarrii^
that my lady bad P-*l never did of any mia-.
carrisge, or of her being with ehibl until witbua
these three years.

Did sheappear to yoa to be a wasoan with
child ?— She never did.

I^ yoa know Joan Laady P— I do.

Da yea kaow of her nuvsmg a child 7—1 do.

Was that after my lady caose to Duomaiaef
She was big with child at the time my ladjr
came.

Where did she live at that time ?— In mj
lord's house.

Was she hnraght, to-bed there P— No; thm
went to her fbther't hoase to lye-4o«

How fiur waa that firom the tKwse of Dua •
mafaief-^Asnearaa I oaa giims»an £aghsU
mile.

Did yoa ever see a child aursed by Joa«
Laady m the boose while my lady was there ?
-^I aever did, by riitne ef my oath.

Did yon ever see a child of lord AHbam'a
with Joan Lafian ?— i never did, nor nobody
else.

Mr. Mae Manm. My lord, be swears that
nobody else saw that sl^e took oare of the child,
aswdlasbim.

Mr. Lt Bmnie. Did you ever see any cbilil
of lord and lady Altbam'a in the oars of Joa«
UffanP— Never did, Bar.

Did you ever see a ohild that was Jeaa
Laady's cbikl with Joan Laaay P—^Yea, I did*
Sir.

IMd yon live with my lady at^ny time after
the separation P— I did.

How long after ^«Aa near as I ean gac8s»
almost two years after tbey parted I wailed aa
her hi the tawa ef Roai^

Did yoa see aHy child there with her thai
wte repated her caild P--*l never did.

Did you ever see say other cbikl with bet
there ?— Yes, I used to briog in ohildrea my-
self to hers she was very fond of then.

What lodging were yoo at there?— At oii#
Mra. Wrigh?e.

[CMB-examination.]
Seo- aVtMI. Heir Jong did yo« five wMI

157J

Jbr P0rfiiffya.

A. D. vm.

[1»

oy lord AlUmnf^To the bol of my loior-
led^ about ax yean witii my lord uid

Did tbey Kve toffether daring the whol«
tineyov Kfcd with them ?— They did BOt* Sir.

Wlwo were you fint hired into the «en ioe f
-I casool tell.

Wheo did you leave my lord P-4 lefl him
JD the year 1715.

What time of that year P-<'I eaiiDOt tell.

How lODB was it after they came from Wax-

' ?— I cannot tell how soon.

Wis it a fortnisfat, three monthfl, or a year,
w bow long .^-No; it eonld not be a year, or a
pouter of a year.

What was the occaaioQ of your leaving the
wrviee?— The oceaaioe was that I made my
escape from Wexford, and my lord pvomiaed
ke would not keep them thai escaped.

fieeollect how long' yeu wftreat Denmaine
before yoo were diMharged.— I miffhl have
becD at home a fortaight or three we«3».

How long before yoa left my lord, did he
tod oj lady oome to Jive together f *— My lady
euMifi Deeemher 17i3» to the beet of my
bowledge.

Wbere were yon then P-*In Dunmaine^ and
tb^DMtittDahlio.

Htwaooo afler did yon eome for herP-^l
VIS QM long in town.

H«v«Mm after Ibey met, did yon ooom for

WtotitD ?..I cannot tell how long,

Wmyaaintown with my lord that whiter
•^«v % met ?-*! wee not.

i>H/]wi live with them again after yon left
tbeaiioiiieyear 1716?-^! did.

WhitiimeN-I cannot tell.

Were tbey separated before you oame to
nr* wiib them P^-Tbey were ; my lady waa at
fioK at that time.

When yoa ictunied to live with my lord, waa
tbereany child iia the house ?-»Never n child
^ I koow of.

Howloogdid ywoL live with ban after yon
ntonied ?— I cannot tell bow looff. .

Did you live a second time with them before
tbf aepantion ?— To the best of my knowledge,
idid.

Did yim retnro< to the aerviee hefoee my lord
Kptratad from my lady P— I am aotanrei who*
therldidorno.

Were yon in the honse at the separation P— I

•uimt

Where weiv yon^et that timeP— To the best
J^n;^ in Boss with Mr. Aaron

Were yon in hia service then ?-7«J vras.

How loDg did TOit live with himrp-«l cannot
^f bat my lady was some time in fiom be*
wel came to live with her.

Did you return to my kMrd's servioeefter yon
*nc discharged that time efter the assises ? .
iBdeed ( caonot telL

CioDok yon tell whether yoa lived with him
HwratDoorasineP*-! am not positive; Ican-
Boudl yoa, Sir, whether 1 ever h!^t6. with my
■^rdigaiBatDanmaine.

To8 wKf^ yoe were tomad away after tht
aasises?— Iwas.

Uoon yoor oalh did you retopn to live with
my lord again P-<-Upon my aslvatton, I cannot
tell whetbor 1 retomed egain to him.

Recollect how otien yon haire lived with
him P — 1 remember I iived with him onoe,
because he owed me some wages.

What wages P-^X believe two ye^ns wages*

When were those wages dne to yon P— They
were due after the asnzes.

Can yon answer or not, whether yon re*
turned again to the aervioeP'-^I cannot answer
whether I did or no.

Do vou know Mr. Amiaa Bush P.*«-I do.

flad you any conversation with himp-— No4
as 1 can remeniber. Sir.

Or with anv other penon, tliat my kwd had
a child by his lady P— By the virtue of my oath,
I never did deolare it to mankind.

Did you ever declare that you woaht go aaA
awear for lord Anglesea, and be madea man off
-pBy the virtue of that oath I have teken,!
never did.

Did an^ body offer you any money for
swearing in this cause ?-*Ye«, Mr. Mae
Keroherdid.

What did he offer yoaP«^Ue oflered me
300/. for swearing.

When the witness said this, there was n load
huzza in the court

Who was the agent that offored yoa 300/. P —
Have patience, and 1 will tell you the man, one
Pool Keating, he oflhred me 300/. in private
between me and himself, if 1 -would jehi hie
yonuff lord, aa he eaUed him.

When was tbie offer made you ?— AbonI this
tune two year.

Why did not yon appear and declare this.on
the fonnettrial P-*-I kept.oiff from the last trial,
and from this till I was compelled by law.

Were you ever iii company witp Mr. Mac
Rercherf — I was in the room with Mao
Kercher, and he sept for me, and Mr. Bob
8now carried me op stairs to an upper room.

What is it you can say of Mr. Snow P — No*'
thing of him, bat thaL*! was in Mr. Snow*^
room along with Mac Cercher.

When was this ? — About this time ttrcyear,
to the best of my knowledge.

W^bat was the conversSnon that passed be-
tween Mr. Mac'Kercher and yonP^Why theoi
I will tell you that, gentlemen, I came in the
evening to-Mr.8how'a; Mr. ^ow was feed as
an attorney against me in .a cause belweea a
man and me

Give an account what paseed in oonversalion
in 4he ptesenee of Mr. Snow.«-<i-Mad Kereher
and Soow went up foom the company, tliagi
were toianp there.

Where ?~*At Mr. Snow's that night ; and |
told my landloni, Mr. .Flood, ttet Mr. ;teow
was to >be tberelhat evening ;-.a«l Soow mhi
me that Mae .Kemfaev^ end lAnnealey, .mat
Livingstone were lo '^nnp thece that night) and
he told moifX would come thereetcighto%kmky

15J)J

17 GEORGE IL

Trial ofMarif Heathy

riGo

that I eoald lee Rf ac Kerclier. Upoa that I did,
and we went op ataira, Mr. Soow, and" Mac
Kercher and me, and he aaked me if 1 knew
thia young Jamea Annealej, esq. Where ia
he? 6a3^s I. I hope, my friend, you will do
nothinjif agrainat hia intereat, aaya Mac Kercher.
Indeed I will not, nor appear at all, aays I, if
I can help it ; ao there is all I can remember.

Did there pasa any other converaation be-
tween you that night ?— There might, but not
to any purpoae.

When do you aay the 900<. was offered to
yon P — Aboot tbia time two year.

And who made you the offer of it ? — Paul
Keating, and earned me to one captain For-
rester's.

When thia offer waa made,* was any body
preaent ?— No, he carried me aside to a little
garden at captain Forrester's door, and he aaid
that when the cause waa over 1 would get the
raising of mv femily.

What did be offer you thia money for? — He
offered it for to join his young roaster Jamea
Annealey, because he thought that I knew a
great deal by living with lady AUbam, only to
give my nromise to testify for Jamea Annealey.

What aid be tell you, you were to swear .^-«
The words were in general.

Clerk qf the Crown reads the estreat for the
assault on the prosecutors at Wexford, aa fol-
lows, to shew that Edmund Mac Cormack and
Bryan Neale were taken into custody, and
fined for the aaid assault, viz.

>* ffin. Impost, ad prsed. General Asiiz. sup.
seperal Peraon in Gostod. Vice Com. Wexford.

«( Edmond Mac Cormack indict, ad
pmd. Assiz. pr. quodm Assault, et
Cul. pro ffin. in sum - - - -006

" Bryan Neale uidict «d pttd. Asaiz.
pr. oona. pro ffin in aum - > - 0 0 6

Mr. Smith, Mv lord, the next witness is Mra.
Sweeny. Your lordship obserres that tlie last
witness gave an account of my lady Altbam'a
going from Oonmaine to Wexrord assizes, and
that she was drove to captain Sweenv's at Wex-
ford. He, my lord, is dead : this Mrs. Sweeny
is his widow ; her huAand took the house in
March 1714, and ahe baa lived there ever
since; ahe will give account Ihat lord and lady
Altham, Mra. Giffard and other persons came
and lodged in the house, and that my lady did
not appear to be with child.

Mra. Sarah Sweenu sworn.

Mr. Zc Hunie. Where do you live, madam ?

Mra. Sweeny. I live at We^rfbrd.

What ia your cbriatian name ?— Sarah.
•How fong have you lived there P— -These
four or five-aad-thirty yeara.

Pray, do you know Mr. John Maaterson?—
Ho.

Did you know Hr . Walah ?— 1 did.

Do yon remember that they were chaiged
with any crime at WezfoMP-^l do.
' Whaii?--4n the year 1716.

DM yon know tha bta lord or lady Althanf

— I did ; 1 knew them both, but my lord much
better than my lady.

Waa it uaual for you to aet lodgings?— It
waa.

Can yon recollect whether they lodged at
anv time and when in your houae? — ^Tbey
luoged with me in the year 1715, in April.

Do you know upou what occasion, or what
waa a-doing in Wexford at that timeP^Tlie
assizes was at that time.

Pray, madam, can you recollect how long
they lodged with you, and when they came,
whether before or after the assizes? — They
came just at the assizes, and they staid n»
longer than the aasizes held, four nights or
five, 1 cannot tell which.

Can you tell whether any gentlewomanr
came with lady AUham to the assizes ? — Yea,
there did come Mra. Giffard, and Mra. ftlary.
Roe, and there came Mra. Heath.

Was Mra. Heath a servant to any of the
ladies, or whom?-^he was her ladysliip'a
woman.

Where did ahe lodge ?— At my house, Sir.

Can yon be certain that it was in tlie spring
aasizes 1715, that they were there?— I am very
sure of it.

Pray, can you ^ire any reaaon for that cer>
tainty r — I can give aeveral reaaons, if there
waa an occaaion.

Pleaae to inform the Court and the jury
what your reaaons are. — It was in the year
1714 that I came to tliat bouse 1 now live in.
I came to it in JuW, just before the queen died ;
and in 1714 Mr. oweeny was ill of a feve^liDd
was just recovered out of it as her ladyship
came to my house ; he waa reoovereif the
March before she came.

When ahe was there did you frequently see
her? — I did see her very often, Sir.

Where did she generally diet in Wexford P —
She dined and aupped at my houae. *

Did ahe dine ana sup at your table? — I dined
with her at the table, jind with my lord, when
he dined there.

Had she any signs of breeding, or lieing
with child ? — 1 did not fierceive any, neither
do 1 believe she was with child. '

Could she have been with child then and
yon not know it? — If she had been with child
1 should have heard it.

[Cross-examinatioD. ]

Mr. Fitxgerald, You say, I think, that my
lady came to lodge at your house in April
1715?— Yes.

What particular reason have you for tixing*
it in Anril^^^I tell you; in Jnly before the
queen died I came totlie house, and the April
following she came to lodge there.

Where did you live betore? — At Kenny's*
Hall, a litde out of We1i;rord.

How. long did you live tliere? — ^Fron ih^
latter end of the year 1713, till we left it.

What particular time did yon leave that
ball ?«vIb July 1714, just bmre liie queen
died.

1613

fir Perjunf.

A. D« 17M.

[16S

Wtt that hove, wlwre yoa raoeiTcd iord ind
Itdy AMmb, npaffedirhcB you took it?^W«
iqninsd it boftre wo oomo tl^re*

AAor yoo took the leasOy what time did you
lake to reinir it ?— -Not tery loog^ ; 1 oannot
Iril how kmg.

Did the repaire take up three moothaP— -I
bdicve it might take up throe montha; but I
waa sick at that time, aod do not know how
loogh was.

What tinoe waa it yoa took the ieaoef — We
Isok the lease in the year 1714.

What time of that year? — In the beginning
of 17 14* I ha? e the lease if you have a mind
to see it.

Do yea know % man oaUed Nioliolas Daffe?
•-Ido.

What ia be ?— He was master of a Teasel for
my busbaod.

Did he live wMi yoa tbea ?— He did not
fire with na then.

Waa not he maater of the ship at that time P
-^Be onitled that employment before I was
aarried to Mr* Sweeny « He went maater be-
fore for him.

Did he Kto in year hooae in April 1715 7-~
No, be did not.

Did he lire with yon when yon took the
hooao and' yoa were aiek ? — He was at sea in
1714, when I was ill of the fhver, and be eame
hom^ at that time in the year 1714| and was
not employed afteri for my bosband parted
with the anip.

Yoa aay be waa not in April 1715, in your
house ? — ^Not to lire with me«

Waa not he then maater of your hnsband's
shiD ? — He was not in that employ, we were
baUding a ship them

Was not he in ^be town of Wexford in the
year 1715^ P*-*! do not know hot be might.

Dayoa know captain Macwell P— 1 da rery
well.

Do yflfn know his wifeP*-<-I do; i am very
well acqaainfedwith her.

Did they not visit yon in April 1715?— I
caanet tell in what year, I do not know but she
n^fat be there, and tbd^ lired in the house,
wbere I Hred in before.

Do yon know one Darid Conolly P — I do not
kaow any anch body as Conolly, I know one
David Oranell.

Was he a aervant of yoor'aat that time?'—
He was not a aervant, but in and out with me.

Bow k>ttg did he live with you P— Really J
ottnottett: ^

What did yon think of that man, what iahis
cbanieterP — Why really, I never thought it
worth my whQe to enquire ; be did my busRiess
WfM enoogh.

Did yen and Mrs. Maxwell viait frequently ?
^Yea^ we did, and i waa godmother to one of
btr children.

What ia Mrs. Roe's name now ?— Mrs.
Crompton*

Did yoii decHwe fo any peraon of your ac-
<|aaiolanee in Wexibrd that you were not sore
when lady Altham was at your bouse ?— 1 do

VOL. XVUL

not know whether f <fid or no ; to be sure at
the beginninjg^'I oooM not recollect it, but after,
when 1 considered about it, I found it out.

Did she never lodge with you but once?—
Never hot onoe.

Was she never there at the water -drinking
seaaon P— 8he never waa.

And that time abe lodged with yon waa at
the assizes?— It waa at that time.

Mr. Smith. This lady has mentioned that
her sister, who is now Mrs. Crmnptoo, came
to Wexford at that time in company with lady
Altfaam ; she was then called Roe, my lord ;
we aball now produce her to the same point

Court. Do not you think you have proved it
aheady without producing her?

Mr. Da/y. I wonid produce Mra. Oiflard
and no more to that fkct, I own it.

Court. Call Mrs. Giffard.

Mr. Smith. This Mrs. Gtffind not only waa
at Wexford with my ladv at the assizes, but ivaO
-a particular intimate or the family, and she
will prove to yoqr lordship, that she not only
accompanied my lady to the assizes, hot that
she returned from Wexford to Dunmaine with
her^ and aaw my kdy almoat every day while
she staid thero, and never aaw or heard of a
drild ; and your lordship must recollect that
one of the witnesaes did mention, that she was
censured for her great intimacy in that f^imily i
and that Joan u8hn aaid, she and my lady
Were very great.

Mrs. Anne Giffard sworn.

Mr. Le Hunte. Mrs. Giffard, are you a mar-
ried woman or a widow? ^

Mn.Gifdrd. A widow.

The widow of whom? — Of Ravensciofk
GiArd.

What is your christian name ? — Anne.

Where did your 'husband live?— At Bally-
sop, in the county of Wexford.

Do yoa know a place called Dunmaine ?—
Ido,

How far is Ballysop from Dunmaine?—
Not two miles, a mile and half or thereabouts.

How long have yoa lived at Ballysop ? — We
went to live there forty years ago, and con*
tinned to live there till now, only aeven years
that I lived at Ross.

Do yon remember the late lord and, lady,
Altham P — I do reibember them very well*

Where did they live when you knew them ?
•--They lived sometimes in Dublin, and soroe-
timea at Dunmaine.

Do you remember when my lady first came
to live at Dunmaiae ? — 1 do.

When waa it?— >In the year 171S, two or
three days before Christmaa-day, aa 1 think ; I
am not positive to the day.

Were you intimately acquainted with her P
— I waa indeed.

Did you ever see her with child whilst you
knew her ?— Upon my oiSb, I never l(new it^
nor never heard it.

Did you ever know of ber having a child at
Dunmaine ? — f never did indeed. Sir.

163]

17 GEORGE II.

Trial of Mary Heaihf

[164

Do joa remember to have travelled with her
at any time to any and what place ? — I did to
Wexford in a chariot.

From whence ?— From Donmaine.

Did you gfo with my lady in the chariot ? — ^I
did, and my lord rode.

What time of the year, and what year was
it ? — I believe it waa in the aprinff .

Of what year? — ^Thetime when Mr.Mas-
teraon and Walsh were tried.

Where did you lodge in Wexford ?— At Mrs.
Sweeny's.

Who lodged with you there? — My lord and
ladv Altham.

You mentioned something of Walsh and
Masterson, what is the reason that you re-
member any thing of them? — Because my
lady Altham and I were in court to hear their
trials.

What do you call court? — At the aession-
honse.

What is the use of that house ?— The house
where the judges are.

Were yon and she in that house at this time
of the assizes ? — We were indeed.

How long did you stay in Wexford that
time ?— We sUyed four days.

Did mv lady and vou travel together from
Wexford r — I came home with her in the
chariot, and lay there that night.

Do you remember any woman-serranttohave
travelfed with you ?— Mrs. Heath ; ahe rode, |

Were any other persona with you? — My
husband went.

And who else ?— A sister of mine went.

What was her name?— Mary Roe.

la that her name at present ?-<-Her name
now ia Crumpton.

Where did you go to from Wexford ?-^Back
to Dunmaine.

Where did you lie that niffht?— I Uy there.

How long were you acquainted with lady Al-
tham after your return to Dunmaine ?-- Whilst
she stayed at Donmaine.

Do you remember any remarkable eclipse
of the sun ?— I do, the eclipse was just after
we came from Wexford ; the Friday after we
came home, I was at a burying that day and
know it.

What I ask ^ou now is, whether during your
acquaintance with lady Altham you perceived
her to be with child, or knew her to be with
<;hild ?-.| did notj nor never heard her talk of it.

How often did you visit ?-• -Frequently,
sometimes twice, sometimes once a week, or a
fortnight, or so.

Din you go to the same parish ohmch ?—
Sometimes ; she very often came to White-
<^urcn.

Can yoU recolleot after her coming to Dun-
maine, that she went to Dublin ?— I remember
she went once or twice to Dublin.

Have you been in the room with her when
ahe dressed or undressed herself?— Yes, I
have pretty often.

Did , you ever observe any symptoms of
pregnancy ?— Upon my oatli, 1 never did.

I aak you, madam, wliether my lady waa
big-bellied at the assises ? — Indeed she was not/

Do Tou know one Anne Bennet that waa
formerly your servant ?— I never had a servant
of that name in my life.

Do you know any^ person of the name of
Bennet that lived with you? — ^I do not know
any one of the name of Bennet that lived
with me. '

Is there any one of the name of Anne that
lived with you, that is now married to thm
name of Bennet?— They say so; I heard oo
to-day, but I know nothing of it.

Did you ever tell any servant of yours of
the name of Anne, that mv lady had been
with child, or had a child r— 1 never did, I
could not say it.

[Cross-examinatiou.]

Mr. Harward, If .1 do not mistake, you
were examined at the trial in the Exchequer f
—I believe I waa ; to be aure I waa.

Did not you then swear to all the oompaiiy
that went with you to Wexford ?'«-^nd so I
do now.

Were yott not asked at that trial, to giv«
an account of all that went with yon to thaA
aasiacs? — ^Well, I was.

Did you give that aocoont ?— I did, of eveij
one that 1 remembered.

What I ask you ndw ia, did yoa give wm.
account that this Mrs. Roe went akwg with
you ?— No, I did not

Then you did not give an aocoont that ditt
went?— No, Sir, i did not

In what manner waa it that she went ?-- Sh«
rode.

Did ahe ride single or doable?— Sha. rods
auigle.

How did Mrs. Heath ride ?-~Single too.

Pray, madam, kxd Altham rode, I soppoaty
too ?— Yes. .

And how did my lady and yoo go?-^I|
was a chariot-and-aix that we went in.

By virtue of your oath, were not yoa in
mourning for a brother of yours at that tinef
—I was not ; I was in mouminff, but not for
him ; he was dead a grnt while before that

Waa it not to hear thia trial that yoo aad
lady Altham went to Wexford ?— I do not re*
member whether it was that or no we went for ;
but we went there to hear it when we iffre ia
Wexford.

So that it was carieaity that carried my lady
and you into the court-house to hear tlieaa
trials ?«-We went to see Wexford ; to be aore
it \ 88 our curiosity that carried us into court
when we were there.

Was not that the only motive that induced
you to go there?— It was not that tiiat induced
us to go.

What induced you to go ? — We went for oar
pleasure.

Were you ever in a court-house before for
your pleasure? — Indeed I waa in that same
very often before when I waa a girl i but what
signifies that?

1(!5]

J6r Perjury.

A. D. 1744.

[166

Upon the trial in the Excbeqaer did you not
Mj, that ymi ooold not tell whether it was be*
fore or after the queen's death that this trial
was f^Weily I do not know whether I said it
or BO.

Did y oo not opoo that trial say so ?— Indeed
I cannot tell whether I said it or no. •

Recollect whether you did not apon that
trial say, yoo did not know whether their trial
was before or afVer the qoeen's death P— Why,
Sr, if I went afler the queen's death, yon know
that ] could hare said nothing else ; what do

?oa mean by saying that upon that trial I said
could not tell whether beroie or after ?

Did sot you say upon that trial that yoo did
not know whether it was before or afler the
qaeea*s death f-^X do not beliere I said any
sncb thing at all.

Did you or did yoo not say npon that trial
that it was before or afler ? — ^Upon my word,
I cannot tell thai I said anv such thing.

If yoa cannot tell whether you said that
it was before or afVer the queen's death that
yoa went to Wexford, how can you say now
chat it is either one or the other?—! do not
remember.

Would yon be ondervtood to say that you
do not know whether it was before or after the
queen's death that you went to Wexford ?

Court. Is not that fully said already ^

Mr. Harmard, I do not apprehend it so, my
hwd.

Which was it, by virtue of your oath, was
it in Ibe qoeen's time, or after her death, that
yoa went with lady Akham to the assises P— I
coold not tell you now ; I do not know. Sir.

Now, madam, I ask yoo this, how came it
Ihat yoa could not tell that this Mrs. Roe went
with yoa f — I might have remembered it in-
deed, bat I did not at that time.

Had yoa at this time any extraordinary in-
timacy or business with Mm. Sweeny?— She
is my sister.

Oh ! I did not know that, madam. Pray,
were yoo in mourning then ? — I believe I was.

For whom ?— I cannot tell whether for any
body; r wore black sometimes.

Were yon In moaming for any body at
that time P — I wore black, but I cannot tell
wfaetber I was in moomin^ for any body.

Was mjjT lady in mourmng ? — She was.

As to this trial that you went to see, give as
some account of what passed there? — I re-
Member nothing of the trial, but that 1 saw the
geatlemeo in the Dock.

Did yoo stay, madam, till they were ac-
qottted or not P— Indeed I cannot tell.

Who aat by yoo in court P— Lady Altbam.

Did not Mr. Golclough sit by her P— He did.

Did not he hand her in and oat of court P—
I bdieve he did.

Are yoo sare be did ? — ^To the best of my
knowledge, he did.

Did not yoo swear on the trial in the Excbe-
qaer, that yoa coold not tell whether he dkl
or notP— 1 say) to the beat of my knowledge,
bedid.

Who went into the court-house with lady
AlthamP— He and I and lord Altbam went
with her.

Did not yon swear that yon coold not tell
whether he did or not? — I cannot recollect
whether I did or not.

Did you know any of my lord's family P— I
knew Rolph the butler, and Anthony Dyer,
mylord's gentleman.

Did yoo know Bonrke?— Yes, I did.

Did you know John WeedonP— I did, and
Mrs. Setwright too, 1 was often there and knew
them.

What was BoarkeP— The postillion.
^ Was Doyle the clergyman tried at the same
time P— He stood on the side- bar, and was not
tried that time.

Did yoo know the jodgesP — 1 knew one
Forster, I believe.

Did lord and lady Altbam go to Dublin after
this?— They went to Dnblin soon afler Wex^
ford assizes.

Did not they go twice after P — 1 cannot tell
indeed, 1 remeinber once they did.

Did not you swear on the trial in the Exch^
quer that yoo could not tell whether it was
before or aner my lord returned from Dublin
that yoo were at Wexford anises ? — I never
did.

Madam, de you know one Mrs. Boabe P-*^
Not I, indeed I do not.

Did you ever declare, to your remeoibnnce,
that you did not know but this assizes was in
the year 1716 P— I cannot remember whether
I did or no.

Did you, or did yon not?— Not that I know
of, indeed 1 did not : 1 am sore not to Mrs.
Boshe. .

Sarah Weedcn sworn.

Mr. Smith. Before she comes it will only be
proper to observe to your lordship, that she
has been mentioned by some of the witnesses
as being the coachman's wife at the time of
the birth ; and, my lord, Mrs. Sarah Weedon
wae the coachman'a wife, and she will give
your lordship an account of her knowledge of
the family at Donmaine during the pericnl of
time to which the birth is sworn to ; and I be*
lieve, when she is produced and has given her
evidence, that you will think abe ia not a ma-
terial witness for the prosecntors, as she was
upon a former occasion sworn to be.

Mr. Morgan. Do you know a phice called
Dunmaine r-*5araA Weedon, Yes, Sir, I do.

Did you know huly Altbam ?— Yes, Sir.

And lord AlthamP— Yes, Sir.

Where were you when my lady came first to
Dunmaine P — I was at Dunmaine.

How long did yoo continoe there afW abe
came? — 1 Mieve very nigh three years, to tha
best of my knowledge.

Did yoo know one Mrs. Briscoe P— I did,
KHr.

Did you know her daughter ?— I did.

Did yoa see tkem at Donmaine P— 1 did.
Sir.

167]

17 GEORGE n.

Trial of Mary Heaih,

[168

Pn^y DOW answer, where were yott aft the
time that they were there? — I was in the
house, Sir.

Did . yon know of anv accident thai hap-
pened to lady AUbam daring the time they
were there f— I did not know of any accident
that happened to her.

Any miscarria^ ?— Upon my word, I never
knew nothioff ofit.

What condition in point of heakh was my
bdy in daring the time that they "were there ?
-^To the best of my knowledge, she ailed n»-
thioflf at all.

Did you ever hear of any and what acci-
dents happening upon account of aanoers dor-
ing the tmie they were there?— I protest 1 re-
tnember no soeb thing.

No china broke?*-! do not remember any
sacli thing. Sir.

I ask now, whether yoa know of any of that
family to be delivered of a child daring the
time yoa were at Danmaine ? — I do.

Who was that ?-^ne Hestber, that my lord
called Poaty.

1 ask yon whether this Bestber was delivered
of this child before or after my kidy came to
Dunmaine ?-*Before, Sir.

Do vou know of any other penon delivered
aAer she came? — Not in the honse, Sir.

Do von know of any out of the boose ?—
Mrs. Setwright was, and myself, oot of the
house.

Court. Was lady Altham with child while
on were at- Dunmaine ?-»-She was not, my
brd.

Did you ^ee her with child at any time
whatever?— Upon my word, I did not. My
lord, what I say is truth, and nothing but the
truth.

Mr; Morgan, Yon say that this Heather
was delivered of a child, can you recoHect the
midwife ?— If 1 should tell you the truth, they

sent for one Mrs. , I forget her name,—

Mrs. Sbiel in Ross; but to tell you the troth,
befiire Mrs. Sbiel came, I delivered her.

Who was sent for Mrs. Sbiel ?— Really 1
cannot tell ; there was a fellow in the house,
but 1 cannot teU bis naoie now. .

Now recollect and say, whether any other
persons were brought to-bed al DunoMune
during your time ?— Tbere was Ju^y Landy.

Now I ask you, did yoo see this child of
her's? — 1 did.

Did you know it?— I did, Sir.

Did you see it at any other place?— I did,
Sir.

With whom?— A great while aflerwards,
when we were in the county of CaHow, the
child was brought there.

To what place ?-~To Carrickdnfle.

Whom was it with there?— It wu in the
house.

With whom do yoo mean ?*-WiUi k>id Al-
tham.

Was that the very cbUd ?— I say, Sir, k was
tiie s^me i saw with Joao I^ttdy at Dun-
maine.

Did yoo ever see moy cbiki at Donnaine

considered as my lord Altham's chiU by bis

lady? — Never m my life; 1 wooU not jay it

for all the estate that ever lord Aogleaea bad, iff

it was false.

Where do you live now ?— I live in Con-
naught.

With whom thore?— With colonel Bloke-
ney.

At what place does he live?-*At a ploea
called Abbart.

Have you any children ?— I have, Sir.

What are thejr?— Sons.

OmrU What k it yoo propose by. this evi-
dence?

Mr. Jlforgofi. What I nropoae bythia evU
dence is this, that we shall shew a very oolbir
attempt ma4i upon this woman on the put of
the prosecutors.

(Uurt, Mr. Mac Kercher has oaadeoo affi-
davit, which I wish, for bissake, he "hod not.

Mr. Morgan, He says, ny tord, in his affi-
davit, be served this woman with a aohposoa ;
I hope 1 oMy ask her that question.

CourU Goon, Sir.

Mr. Morgan, Were yoo served with o ovh«
posna by him, and when ?— 1 cannot tall the
day of the month, it caoMOne day,«tfd I woo
to appear in Dobho the 'next illKy.

How far is oolsnel Blakeney'a houaa Aona
Doblin ?— It ia tbreesoereondthiee oiilea Off.

[Cross-examination.}

Mr. Callagiian. Did yoo live ao o
in the hoose of DuoBHMie ?— I did, fiir.

In what station were you there ?— I
house-keeper befbre my hidy catoe tliere.

Were you so after?— I was oot; Mn. Sol-
Wright waa.

In what capacity did yon aenHe in the hoooo
after ahe went there ?— I waa in the hooseofter
ahe went there.

But I ask, did you serve in the hoose after f
—I did after, because I did every tbmg that
was to do.

How loog did yoo contiooe to liire io the
house?— I lived in the hoose till I took is
bouse of my own.

When was that ?— I canoot toll exaolly the
time, but it was just at the end of tfaeaveooe^
and I was as frequently in the house then, os I
was before.

I ask you liow sooo after my lady went to
Donmaine was it that yeo left tiK heosef— I
cannot lell exactly the time. Sir.

Was it a month ?— Oh ! a great deal mere
than one, or two, or three.

Was it betbre or after Mrs. Briscoe and her
daughter went there?— I was in the hoose
when they came there.

I ask you only, whether yoo wore o ear-
vaotttvi'ae iothehooieatliwtiaBeAhey woot
there ? —I was.

Upon year oath, did oot yoo icecjk an ale-
bopse at the bridge then P^No^oot till after
they weot there.

Did yon keep an alehonse there before If lo.

169]

for Verjury.

A. D. YIAA.

[Mb

BriwM Md ber <dan|ii4er \fSi DiMimatee?— >
No, I did Bot, to tbe best of my knowledge.

What timu did they fgo to DuMDMOe P— »I
oiooot tell tbe year, nor nuwtb, aor aoy thiog'
9S ibat, it is too Iod^^ ago for my memory.

tiow loog did tbey stay there P — 1 cannot
tell that agaio.

Hoar Imig after they left it, was it that Mrs.
Setwfigfat was brooght-to-bed P— 1 cannot tell ;
the was with child comtoff to the hoone ; bot
I canoiot tell the time she was broogbt^o*
bed. ^

Was it a month, or sfar w€eiu» ortwoHMmths
after tbey left l>onmaiBe, that she was brought-'
lo>bed?---1lfrs. Briscoe's daaghler was a gossip
to Ilia child, to the best ^ my knowledge, and
tbey were there at the same time.

Were yoa oat of the hoose at Ibo time Mrs.
Setsrright wna brooglil4o«bed f— I thiiflc 1
WIS not oat of the house then.

Were voa or were you not?— I cannot tell
tbfttenctly.

Bm yo« ore sore yoD ware a ser?aiit wb^
Mrs. firiscae went «way ?-^No, I did not say
diat : I aay, to the best of my knowledge 1 was
b the bouse.

Yoa rsmeoiber Mrs. Ilesther's being "brooiffat-
to M?— I do, veiy w«H.

Wss thst before or after my lady went to
Oomnaine ?«— It was before my My went there.

Yon maoiaoned the midwife's iMme P^-^ld
it WIS.

Coold IhMt midwiie be sent for fmr any pnr-

Ge>D lady AlAsm ?■ She eoald not, because
T AHham never had a child ; she never had
a child.

Wtt not H before Iftdy Altham went to Dnn-
muoetbat Hcsther washronghtpto-bed.P— Yes,
do ool 1 tell you so P

I think you say you were at Carridtdofe ?
—I was, Sir.

Were not you there upon a day, that was ce-
lebrated aa a birth day of lord Attham's aonP
—There neror was such a thing in this world.

Can you talke upon yon to say there was not P
—I am as pesithre of it as of any thing in the
world.

Had yoa any eonrersation with any body in
relation to lady Altham's baring had a child P
**-No, nerer smce I was bom.

Upon yotir oath, did yon nerer say that my
lady had a ehild P— Neter, in the conree of my
life.

Mr. 'Recorder, Now we shall judge whe-
tber Mr. Mac Keroherls information be trua
sroot.

Omrt. He was oertainly ndsmfortted.

Eleanor Thoma$t alias Fkher^ awom.

Mr. Le Bunit. The ettteuce she will si? e
istWa-^ *

Court, Da not open ft now she is here.

Mr. Lt Hunie, What is your name P

Eleanor Thomas. Eleanor Thomas.

lB<liat4heBameToa go by now f — ^Blesnor
Fisher is; my mamn name was Hiomes.

Bid ywa know oneHary Waters f— 1 did.

DM yoii know the late lady Altham P— I did.
Sir.

Did you e? er liye in her service P-^I did.

When did you go there P — 1 cannot tell yoa
the year, but I was the second serf ant shh
hired after she came to Donmaine.

What was the nature of your serrioeP— I
was house-maid.

How lonff did yon 1i?e with my Udy ? — I
lived a twelvemonth with her.

Where did you go when you left tbe ser«
vice P — 1 went to one Mr. Bunbury 's of Bal«
lyse^dn.

Did yon ever hear of one Mr%, Biteoe anfe
her daughter's being at Dunmaine? — 1 was
in the house at tbe same time.

What house P— My lord's in Dnnoaaine.
' Whilst you were bouse*maid, do you ve-
member to have seen them there f— I did.

Did you continue there till they left it?-^I
did indeed.

Do yoa Imow of lady Altham's having a
naiscarriage at DunmdneP — ^Indeed 1 never
did.

Did you know Mrs. FIgot?— Indeed I did.

Of what place?— Of Tyntem.

Did you ever live ih ber service?— I Cyed
eiffht years maid and wife with her.

When did you go to live with her P-*l Went
to her after I left Dnnmaina.

T thought yon said you went to Mrs. Bua-
bury'sP — I was only a year at Bunbury's.

How long did you litre with Mrs. I^igot?— I
was eight years maid and wife with her.

Did you live any where in her service bat al
Tyntem ? — No where but at Tyntem.

Can you recollect the time she was living
there wnen you was hh*ed ? — 1 was a twelve-
month her servant at Tyntem before she cania •
from Doblm.

When did she come from Dublin toTynterti }
— 1 went to her at Lammas, and the Lady-day
twelve month following she came to Tynten.

What year wasit P— Indeed, Sir, I cannot td).

Where did she live for that year P— In Dub-
lin, Sir.

Who hired you then ?— Her steward, James
Byrne, hired me.

Was there any separation between lord and
lady Altham, to your knowledge P— 1 remem-
ber tbey parted ; I was at Tyntem at the same
time.

Was Mrs. Pigot there at that lime?—!
fbrnk she was ; 1 cannot tell positively.

Whilst you were, at Dunmaine and Mrs.
BHscee th«re, did you hear that lady Akham
miscarried ef a chiid P

Mr. fTcOiA. That is a kfediag faastioB ; da
not answer it, woman.

Court, Did you ever see lady Altham with
child?— I never saw her widi cbiU, nor never
heard of her having a child.

[Cross- examioaHon.3
Mr. Mac Jkhnui, You say, you lited el
Dunmaine?— I do. Sir:

What year P— Indeed, Str, I cannot tdl yoo
the year.

171]

17 GEORGE n.

Trial of Man/ Heathy

ri7«

Upon your otth, what Tear did yoo go' to
live there?— I can leli you the time of year, bat
not the year.

Can you tell the year yon leflDuomaiDe?—
I served her ladyship a year.

Was it in the year 1716 or 1717 that you
left her service ? — I cannot tell, if you would
shoot for n\e that •

Court. Where were you hired ?-*-In Dan*
inaine house.

Who hired you?— My hidy hired me her-
self.

During the time that you were there, did you
■ee any child there ?*-I never did.

Did you see lady <Altham frequently ? — I did,
I was the next servant to Mrs. Heath, and often
nw her.

Mr. Mac ManuS' Did you see the furniture
ofthathouseP— Idid.

Did you see any sawceni with odd figures on
them P-—! never saw the sawoers.

Did you never see those bawdy sawcers in
the house f — I never did.

Do not you believe tiiey were there? — I do
BOt know ; I never did see them.

Did vou never hear of a miscarriage occa-
noned by the breaking of Uie sawcers ?— I
never saw or heard of a miscarriage.

Did you never hear it among the servants ?—
1 never did, upon my word.

Upon your oath, did you never hear it ?—
Upon my oath, and upon my life, 1 never did.

Could there not be a miscarriage and you
not know it?^There could not. Sir ; for my
lady could not miscarry unknown to me.

Could she do anv office of nature unknown
to vou ?— I do not know what you mean.

Mr. Bradstreet, The next witness will shew

£our lordship where Mr. Cliffe, who is said to
i godfather to this child, was from the fifth of
May till the middle of June 1715. His son
will appear here to prove that; and will shew
some rules of the Court, where he inade mo«
tions durinff that lime.

Mr. Wauh, I believe many a rule is entered
in a lawyer's name that he knew nothing of.

Mr. bradstreet. First, we will produce his
son, to shew where he was in the year 1715.
We will shew that first.

Court. If this be as you have opened it, it
will be the most material thing that has
happened yet: and I believe there will be
little in the thing after, for it cuts off two or
three of the most materia] witnesses on the
other side.

The night being pretty far advanced, Mr.
Clifie bad retired to bis lodgings, and the next
witness called was Mrs. Halpen ; but she bemg
also out of the way, Mr. Tench was called.

John Tenchy esq. sworn.

Mr. Spring. Pray, Sir, inform the Court and
|ft ja>7> whether you had any knowledge of
Mrs. PW of Tyntem ?
' Mr. Tench. I had. Sir.

Yoo did know her ?— 1 knew her, Sir.

Was Wkj friend of vours oonoemed for her
in her affairs ? — My ntber reOeived her rents
for aliove 30 years.

Who was concerned in the management of
her affairs, and receipt of her rents in the year
1715?— My father was.

Can you give the Court and the jury an ac-
count where Mrs. Pigot was in the month of
November 17 14, and ftom thence down to the
latter end of the year 1716? — From my own
knowledge I do not know where she was;
but froiki letters I can tell yon.

Have you any reason to enable you to form
a judgment where Mr. Tench was in— —

Court. Where was Mrs. Pi^t in November
1714?— Of my own knowledge 1 cannot tell
where she was.

Mr. Sprinc. Are yoor father's accompts, and
papers, and letters, come to your hands ?— I
have them, Sir.

Have you any acoompts relating to Mrs.
Pigot's affiurs in the years 1714, 1715 or 1716,
in his hand- writing ?— I have in the year 1715.

Court. It is proper to ask him if he has
such; but what then? That won't prove where
Mrs. Piffot was.

Mr. Spring. My lord, my next question is.
Whether he has any letters of Mrs. Pigot to
his father ?

Court. That will not do. If she was pro-
duced here as a witness, you might produoe
her letters to confront her. We are not now
upon the proof of similitude of hands.

Mr. Spring. Were you at Tyntem in the
year 1714?— I cannot tell where I was in
1714.

Were you there in the year 1715?— I was
there in 1715.

Where were you in May 1715 ?— Indeed^
Sir, 1 cannot tell.

Jame$ WaUh sworn.

Bfr. Ednmnd Malone. We produce this wit-
ness, my lord, to shew that Mrs. Pigot was in
another country, at another place attending her
husband, who oroke his leg, at the time they
pretend she was ffodraother to this child.

Mr. Edmund Malone. Are you a married
man?

Jamee Walsh. Yes, Sir.

In what family did vour wife live when you
married her? — In the nmily of Mrs. Pigot.

What Mrs. Pigot, Sir ?-.Mrs. Pigot of Tyn-
tern.

Did you knowoounseltor Pigot? — I did, Sir,
very well.

I ask you, then, if you recollect at any time
when any, and what accident or hurt happened
to him ?— I do, Sir.

Tell it.— Mrs. Pigot went to Dublin in 1714,
about November or December, I ant not sore
in what month, and some tame after Chrastoass
Mr. Pigot went to London, and he caaie back
again

Was it in January 1714-15, that he went to
London N— I believe thereabout.

Weill go on.— Be came back I beliefe ahinil

175J

fxr ferjwry.

A. D. 1744.

[174

Marcb» or tliemboutSy and he went to hi«
eMate in the eoonty of Limerick^ and hap-
pened to break bis leg or thigh in the year
1715.

What time u the year 1715?— Ajml I be-
Ket e, or March, or thereabonts.

At what phice did he break his leg ?— They
tell me. Sir, at Glengoole ; I was not with biiu
there.

flour do yon know be broke his legf— 1
know, because Mrs. Pigot went from Dublin to
him.

What time did she go to him ? — She went
aboot April 1715.

Where was she to go to f— Either to the
county of Tipperary or connty of Siikenny, I
cannot tell which.

How soon after he went to the county of
limeriek did she lea? e Dublin f — I cannot tell
exactly bow soon she left DobKn, hot she stay-
ed th«e till she brought Mr. Pigot home.

To what place? — To her bouse upon Arran's
Qoar.

What time was that r— I cannot exactly tell
the time ; 1 beiiere it was in the year 1715.

How long might she bare stayed away with
him ?— I cannot tell exactly ; I beiiere it was
more than a month ; 1 beiiere it was two
months, I do not exactly know.

When they came to Dublin, how long did
they continue in Dublin without going into the
country again ?--^They stayed in Dublin till she
baried Mr. Pigot in 1717.

Are you positire that she remained all that
time in Dnblin, without going any where to
the connty of Wexford?— Yes, Sir, I can say
that safely ; and that she went home in the
year 1717, and sent me back to Dublin to make
a moDoment for Mr. Pigot at the outside of Sl
Paol's Church.

flow long after their return to Dublin was
it that he died ?— He died in the year 1717.

CmwU Are yon sure that Mrs. Pigot was not
at Tyntem in the year 1715 ?— She was not,
HpoD my oath.

Nor m the connty of Wexford ? — ^Indeed
•be was not, my lord.

How many years did yon lire with lier in
an ?— I cannot tell how many years, but I lived
with her from his death to her death.

And yon are sure she was not in the county
of Wexford from the time she came to Dublin,
till she buried him ?— 1 am sure she was not.

[Cross-examination.]

Mr. Harward. Pray, Sir, where were you in
Christmas 1714?— InDoblin,Sir.
Where did you lire in Dublin ?—• On Arrau's

Were yon a bnpee Vesper there ?— 1 gene-
ral] v kept Mr. Pigot's house when they were-
in me coontry, but that year 1 did not

Did yon imp his boose in Christmas 1714 ?
-I did not. Sir.

Where were yon then ? — On Arran's Quay.

Where were you in the beginning of March
U14 ?-^l was in Dublin then.

Where in Dublin ? — In lodgings of my own.
Where were yon May-day 1715 ?— In Dub-
lin, Sir.

Are yon snre yon were ?— I was indeedt

Sir.

Wbefein Midsummer 1715 ?— In Dublin.

Now, I ask yon upon your oath, was Mr,
Pigot or Mre. Pigot in their house at Dublin in
the beginning of March 1714?— No, they did
not come to Dublin till Norember 1714.

Where was Mrs. Pigot in March 1714?—
In the county of Wexford.

Court, uo you mean Mareb 1713-14, or
March 1714-15?— In March 1714-15 she was
in Dublin.

Where was she in March 1713- 14 ?— I can-
not tell, my lord, I beiiere in the county of
Wexford. ^

Mr. Harward. Where was Mr. Pigot the
1st of May 1715 ? — I cannot tell yon whether
in Dublin, or that he was sick where he got his
hurt.

Can yon say, upon vonr oath, where he was
the 1st of May 1715 ?— Indeed I am not sure
whether he was in Dublin, or whether he was
where he broke his limb.

Now, friend, where vfasMrs. Pigst when the
great eclipse was ? — I beiiere she was with bei*
husband where he broke bis leg.

Were you in the county of Tipperary at the
time of the great eclipse ?— 1 was not.

Where was she etthat time? — I suppose she
was with Mr. Pigot

Don't be supposing with roe ; you know yon
ought to tell nothing but what you know ; do
you know where she was at the eclipse ^-^-She
was, and 1 take it upon my oath, she was
where Mr. Pigot broke his thigh.

Where was that?— In the county, I beliere,
of Tipperary.

How do yon know that she was not in the
county of Wexford ?— Because I know she
was not.

Were not you in snmmer 1715 in Dublin ?—
1 was, part of the summer 1715.

How do yon know that she was where her
husband lay ill at the time iif the eclipse? — I
know it rery well ; she was with Mr. Pigot
where he broke his leg.

Did yon see her with him ?— No, I did not.

Why will you swear then she was with him f
— Why, because 1 am sure of it

How areyoueure of it? — She told me she
was going to him, I knew that she went there,
and we au knew that she went there.

Hare you any other reasonn for being so
posttire? — ^There are letters from nnder her
hand, giving an account that she was there ?

What letters? — ^To her agent captain Tench.

Pray now then, is not that the reason that
you know she was there? — It is only one
reason.

Tell another reason.— Why, I am sure she
was there, because 1 know she went there, and
all that were along with her told me so.

Do you know of your own knowledge where
she was? — No,

175J 17 GEORGE II.

Ccmrt. Did von a«f. Mr. Fi0Ol wheii^ he
d^meto Dublio r*~I dici.

Id what conditioa did he then appear to y«Q ?
— Qe appeared aa if he h»d a leg broke, aod
wai ?ery bad.

Courts to the Jury. The witoest laya, he
•avr Mrs. Pigot go down to her husband, aod
saw theiDjneUini toirelber.

Mr. Recorder. Where he aweara that she
went to her hofband at a certain time, tBat she.
said she was going to her husband, and that he
saw her come back with him^ with his broken
1^ it is as foil evidence aa is necessary.

Mary Wahh sworn.

Air* Lee, What is your husband's name f

Mary Walih, James Walsh,

Did you know Mrs. Pigot f — T did.

Did yott know her in tba year 1715 P— Yes,
I did.

Where was she then ? — ^In Dublin thenw

Court. Where did she go from Dublin? —
She weut to where Mr. Figot broke bis thigh*

Where was thut ?^Beyond Kilkenny ^ going
up to Munster*

'Were yon with her ?— *1 was not.

How no yoi^ know she went there P — ^Be-
cause she was sent for when he broke his tbigb.

Mr. Lee. When did Mrs. Pigot come to
tofm utter that?— I cannot tell when she came
up.

Who came with her?— Mrs. Wallace aud
others, rcannot tell who.

Did yon ever see Mr. Pisot after? — ^Sure I
was with hiro when be was buried.

Do you remember when he came to Dublin
after he had broke his leg ? — Why, I believe
he came when she came.

Who csme to town with counsellor Pigot?
—I cannot: tell you. Sir ; I cannot remember
that.

JoAn Clifif esq. sworn.

Mr. Brodstreet. My lord, thisistheevidettoe
that I have already opened. — What is become
of vour father f^CUffe, Dead.

What profesaon was he of? — A lawyer at
thebar^

Do you remember where your father i^aa in
May and June 171d ? — I cannot takoupon me
to say Where he waa ; he w^s in this kingdom,
but whether in country or town I canpot take
upon me to say from my own memory.

Where were you at that time? — I belicFe 1
waaattheoollegct

Pray, recollect and consider now, where
your Jather wy in those months?*-! cannot
tajfieupon me to say, from my memory, where
he waa in May 1715.

Where do you my you yourself were at that
time ?;-*>I was in the college at that time.

Did your father attend the terms mguhtrly
at that time, or not ? — I believe he did ; but I
cannot take upop me to say that I remea^r
hia keeping terms regularly ; I believe he did.

Mr. Brttdttreet. H appeara to your lordship
that Mf^ Cliffe was a lawyer at the bar j now,
we are to falsify the testimony of some wit-

Trial of Man^ Heath,

[170

nessea produced on the other side, who swear
h^ wias godlather to- this child, and therefore I
hope we shall .b(S at liberty, to shew, some rale*
of the Court, to prove that Mr. Cliffe Was. bene
in Afty and Juan in the year 1715.

Serj. IhdalL . I desire to know first, whether
jHMi have other questions to ask the witaesa.

Mr. Bradiireei, My lord, I remember wiben
the testimony of a person was defeated^ by
shewing that the name of a lawyer waa to a
certain bill. He said, that the lawyer was dead
before that time, the recurd was produced, and
hisname waa attbereoord inthecauas of Rey-
nolds and Sandys. We produce thb witness.
to shew that those witn^sses^ wiio swore hia fa-
ther was godfather to my lond Attham's child,
swear false ; cannot we, in addition to his tea-*
timony, shew the rales of the several coorts
that his father made metioaa in at jthat time f

Mr. Mae Manut. My lord, 1 only get op to*
answer Mr. Bradslreet 1 do apprehend, tha»
a bill in Chancery is not evidence, and the rea-
son is, because any man may file a bill iu the/
name of another ; and therefore nnleao yoo can
shew some prooeedingahave been had upon it,
youcaanot produce, it In evideuce. The same
rule will hold In a cursory . motM>n in court,
which may. be made by one person and have*
another's name to it.

Mr. Daiy, It is never dooe on the oqoity

~ , it isalwayamoved in court publicly*

Court, I thmk it must appear^ who the coun-
sel is that makes the mmtion.

Mr. Mbc Monus* The attoniey is the per-
son to whom yon mtist give notice, and is an-
swerable for an the prooiodiogs; the lawyer's
name may be, and often. is mistaken by the
officer of the Court, it not being asa^rial whai .
lawyer moves*

Court. The question is. Whether attested-
copies of the acta of a court of record may not
be pnoduced, proved and given in evidence to *
falsify awitoesa, to aliew that a person sworn
at a certain 'time4Dhe in one place, waa then at -
another?

Mr. Daly, The iodentiire of a fine is vaad
against a man every day.

Mr. SoUeitor. By act of parliament.

Mr. Daly. His nut made ievkle»ce.hy«et of
parliament.

Court. Put the case distinctly;

Mr. Bradetreet. I say* my lord, 1 put it
thus : atler Uie evideeee of thia gentleman, hia
father appearipg to be a. lawyer at the bar, and
after the evidence that has been given on the
other aide of hia being godtkther to a child at
Dunmaiae at such a time, 1 ofi^ these rules of
his on motion, to shewUbatke was not at Dun-
maine at that time, but in these courts, and 1 .
instonced the case of Reynolds and Sandys for
a precedent.

Mr. Robins. Are they litigated motions?

Mr. Bradftreel. Tiiey are litigatedj and
hearings and open pleadings.

Mr. Thomas Bourk sworn.

Mr. Brodstreet. What is- that m your -hand f *
1

177] ^ Iftrjwry.

ThiomnBmth. Rttlcftiithcoottrtof Ezche>
^ner io Easter term 1715.
Aretbey all oat of that court?— They are.

Are they troe eopiea? — ^Tbey are.

8eij. 2^//. I believe it it an ertablished
rule IO evidence, that the g^remieet certainty
maat be had, that the oatnre of the thin^ to m
proved will admit of. Tbia ia evideiice of no
aort of certainty, becanae it dependa upon a per-
aon not on hia oath, and becaoae he incara no
penalty by fiJaifying the name of the lawyer.
He ia not open his oath not to pnt the name of
the lawyer to the record, and it ia no more
than a mlsiiying evidence; and besides, re*
cords can only be prodoced aa evidence be-
tween the partiea to them.

Mr. Mac Munuu 1 apprehend it no aort of
evidence at aH.*

Mr. Braditreet, What I apprehend is this,
that tbia is evidence which is contradictory to
the evidence that they have produced to this
point. Here are motions that hate been litj«
gated, that have not passed of coarse ; but I
say, they have been litip;ated, so that it is to be
presomed, that lie washtigating these matters ;
and if 80, it is impossible he could be at Dun-
maine at that time. And as such, I hope, is
good proof, and especially since he is dead.

Court, I think it may be read to contradict
a witneas ; and I know tnat the officer is so far
from being permitted to do this thing of falsi -
^ing a name, that he is under a great penalty
ftrit

Mr. Bradtlrttt. The raster is answerable,
though committed by the Jepnty.

Cmurt, 1 think it may be read in contra-
diction to the witnesses.

Mr. Msc Manut, Your lordship is going
to establish a mle that may be of dangerous
consequence.

Court. 1 am not goin^ to settle a rule, but
] only tell yoa wjiat 1 think is and ought to be
alhiwed as evidence. The Journals of both
Houses of Parliament have been produced in
evidence.

Mr. WaUh, I beg leave to consider this—

Court, Read the notes and orders.

Mr. WhyU reads : This is the 5th of May,
1715.

** PowgLL V. Goodwin Ex. of Goodwin.

** Mr. Cliffs pro Q. prays interest for the 246/.
which (he defendant's testator received since
tbey were paid the mortgage money.

'* Mr. Baly, I do not oppose plamtiiTs hav-
ing a decree for the money, but tbey move for
interest, and I am aurprized at their demanding
of interest.

" Cur. Take a decree for the money re-
ported, and interest tor the money reported
from the time the report was contirmeJ, and
take an iBJaoctkm forthwith to be pnt in pos-
sessioa, and take a decree for the rent that fell
doe the S5th of March laat." .

Courts He most be personally in court at
IhatmaCiQo.

vouxina

A. D. 17M. [178

Mr.irilyM.Tbenextistfae6lhofMay, 1715.

** Bbrbonqham et al, v. Lobd Sbblbubmc.

** Mr. Cliife pro Q,. moves on the last notea
for putting off the |^ving of the judgment of
the Court on affidavit''

The neit is the 9th of May, 1715.

<* liAWLBsa V. Sheb.

** Mr. Cliffe pro d. moves on last order for
putting off the bearing a week.'*

The next ia the 11th of May, 1715.

'* BBRMIK0B4M Ct a1. 9. LoaD SHELBUaMB.

^' Mr. Clifie prays a day to apeak to this
matter."

The next is the 14th of May, 1715.

** AaCBBE V. ROOBBS.

** Mr. Cliffs pro D. moves for time to answer
personal interrogatories aa to several books, in
regard the books are very large, and prodocea
an affidavit of this matter."

The next is the 19th of May, 1715.

** Wattson v. Bittlbb.

** Mr. Cliffe pro D. moves for to dissolve the
iiy unction."

The next is the 14th of May, 1715.

" White et ux. v. Galb et al.

<* Mr. Cliffe pro Q. moves on the nol^ upon
the hearing."

The next is the 31st of May, 1715.

" Tbom Aa WnrrE v. DAvm Dvnbakb.
" Mr. Cliffe opens the defendant'a anawer.^'

The next is the Ist of June, 1715^

** Archer v. Rogers.

<< Mr. Cliffe pro D. the plaintiff never de^
manded any custom for timber these 14 years.**

The next is the 18th June, 1715.

** Berminobam v. Lord Shblbubn^

** Mr. Cliffe pro Q. moves on the order for
liberty to read the biU and answer in the causa
of Stewart against the lord ShelburneJ'

The next is the 23d of June, 1715*

** Kino v. Gore et al.

<* Mr.' Cliffe pro D. moves on affidavit for •
commission to examine."

The next ia the 25th of June, 1715.

<< Bermingbam et al. v. Loan Sbblbcbms.

<* Mr. Cliffe pro Q. Stewart et al. have a
decree against lord Shelburoe, Evans et al. and
they have a decree for the 29,503, and also for
the 21,038 acres, and on the hearing of this
cause the bill of Stewart and others and th«r
lord Shelburne's answer was offered to be read,
but the Court has not vet read that bill and
answer; prays that bift and answer may ha
read, before the bill is dismissed."

Mr. Braditreei, flow many of your,
were at the bar in the year 1715f

179]

17 GEORGE 11.

Trial ^Mary Heathy

[180

Mr. Cl^. I know of no perioa ^f Ibat
name but m j father.

Did vou ever ^tteod the courts P— 1 did npt,
Sir.

Did you know Mr. Anthony Colcloogh, Sir ?
•••Yes.

Of what ccligioo was beP— Ha was reputed
a papist

Is he alive or dead ?•— I have beard that be
is dead.

Did not he die a papist P— He was reputed
a papist during his lite.

i Cross- examination. 3
lanus. Did yon atteod the terms
in the year 1715 or 1716P — 1 did not attend in
1715orin6.

Was your father the only person of the name
that professed the law P — There might be auo-
tlier, but I never beard of any.

Mr^ WaUh, It baa not been taken notice of
in what terms these meltons have been mede.
Here is a chasm of about a ibrtnighC between
the first and last nuUion, aod there is so be-
tween the two terms. The first role is on (he
5tb of Ma]^, the last the ^5th of June, so that
it must be in two terms that they were made.

Court, So it was.

Mr. WaUh, Well, then there was a abort
vacation, when he might have been in the
country, ami stood godfather to the child.

CcurU But you wiU consider, one of the
witnesses said the christening was four or five
weeks, and another three or four weeks after
the birth.

Mrs. Penelope Halpen sworn.

Mr. J^e. What was your maiden name P-^
Mrs. Halp4n, Hunt, Sir.

Whose daughter are you P — Daughter to
Jqhn Hunt of Glangoola, near Killeuaule, in
the county of Tipperary.

Where did hehve in the year 1714, 1715,
and 1716 P— He lived there, Sir.

Do yofi remember the eclipse of the sun P--
I do.

Where were you at that time?'- f was at my
father's house then.

Were you acquainted with counsellor Pigot
and his wife? — I was.

What was the occasion of your being ac-
quainted with them P — He broke his thigh near
my father's house, and came and lay there till
he was cured.

When was that?— In the, year that the
eclipse happened.

Was Mrs. Pigot there P — She was there at
the time of the eclipse.

How looj^ did she stay after the eclipse I'-A
cannot tell indeed.

How long was she there before P — I cannot
tell indeed. \

Was (ihe a fortnigbt,or a month,or how long P
-^1 cannot tell how many days.

Who came there first, he or she P — He came
first,

- Hew long was be there before she cameP—
fie was a few days before she came.

Who came witii ber ?-~Mn. Walkoe.

In what state of health was be P«--He was ia

his bed with that broken lee.

How long did he keep his bed-?— I cannot
tell how long he kept it ; whether a mouth or
six weeks 1 cannot tell.

Court, How .long did his wife stay with
himP— 1 believe more than a month.

Mr. Lee, Were they visited by any body
while tliey stayed there ?— By several.

Can you recollect anyone that visited tbenf
'—Air. Cte&ar Colclough was there; wbetber
to pay him a visit or not I cannot tell, but I
saw bim there.

Dill they leave y enr father's house together ?
—They did, to the best of my memory and
knowledge.

Where did they go te from your father '•
house? — I cannot tell indeed.

Court, Did they oome to yodr Other's be-
fore or after the great'eclipse ? — Before.

Was Mrs. Pigot there before the great
edipse P — She was indeed.

[Cross-examination.]

Serj. Tudall. Can yon l»e positive of the
time that she came to your father's bouse ?—• -I
cannot tell what time.

Can you say whether she was there at the
time of this eclipse ? — Yes.

Are you sure she was ?— I am sure she was.

Was any person with her at that time .^— «
Mrs. Wallace and she were there.

Have yon any particular reason for being so
certain ? — Yes, Sir, I was in the garden when
the eclipse happened, and I called Mrs. Wal-
lace out, to the garden, to look at the eclipse
with me.

When was the eclipse? — I cannot tell. Sir.

How long after the eclipse did Mrs. P%oC
stay P — I cannot tell indeed.

How long did she come before it P— Nor how
long before she came.

Mr. Le Hunte, My lord, ^e now produce Mr.
Sutton, who will shew your lordship that Den-
nis Redmond in the year 1718 told him, thai
he carried a midwife to Dunmaine to deliver one
there, who was called my lady.

Willia7n Sutton, esq. sworn.

Mr. Le Hunte. Pray, Sir, do you know
Dennis Redmond ?— 'Sutton, I do. Sir.

When did you first know him P — I believe
in the year 1717.

Was he ever in the service of you or your
mother P-^ He lived in the house with us in the
year 1717.

Had you ever a sister at that time P — 1 bad.

Had she any occasion for a midwife P-^-She
had. Sir.

Was any body sent for a midwife P— Dennis
Redmond was sent.

Will you give an account of what you re-
member of toe bringing her by bim to your
sister?— I believe it was in February 1717 that
1 sent him to Ross for Mrs. Shiel ; he went out
pretty early in the morning, ap as 1 ezpeded

181 J

Jbr Perjury.

A. D. 1744.

[182

bim home before dioner, but he did not retarn
till an hour or two in the nij^bt, which made
me imngine he had occasion to tj^o further for
her ; aod when he came home, I went to the
stable to look what condition the horse was in.
When I came into the stable, I found him tak-
ing care of the horse, and asked him how he
came to stay so late ; he told me he could not
get her to come away sooner ; and upon exa-
mining the horse, I took up the saddle and
pillieny and found him very warm and wet ;
upon which, I asked him how that came? He
said, he could not tell, unless that unhappy
woami had pissed upon the pillion, for that
sbe was fond of drink, and had served him so
once befiife.

Upeo what occasion did he tell you he had
been sent for her before P — He told me he had
brought her once from Ross to Dunmaine for a
young gentlewoman, as he called her, that waS
kept by my lord Altham.

Go oOft Sir. — He named the young gentle-
voman'e name, but I will not take upon me to
swear h^ name ; I do not remember now what
he called her.

Who was it he sfldd he bifooght the midwife
far ?— He aaid, he brongbt her for a young
gentlewoman kept by mv lord Altbam.

IHd he eter tdl yea that he fetched one for
mylady Althaai?«-He never did.

Whsd is the character of Redmond, is he to
be erected upon his oath ?— Why , of late years
he is not reckoned a man of reracity in oar
eamtry.

b he to be belief ed upon his oath ? — I should
take bat rery little notice of his oath now.

[Cross- etamination.]

Mr. M^ Manna, Why now ? — From his
general bad character in the country.

How long has he had that general had
diaracter ? — He has not bad a good one these
iereral years.

Do you know him to hare perjured himself?
—\ did net know him to have perjured him-
self in a court of justice.

Hr. Mimond Malone. We now produce
Nicholas Croake, and he will shew that my
lady Altbam stayed iii Dunmaine in the
months of October and November 1714, that
she went to Dublin in May folloviiog, and
sUyed b Dnblin all the year 1715.

Nicholas Croake sworn.

BIr. Edmond Malone, Whet) did you first
become acquainted with lord and lady Altham ?

Nickolas Croake. The first time that I knew
lord Altham was in the year 1711'

And when with my lady? — In the year
1713.

Where did you lire in the year 1713 ?— At
BaJlycarrigmore.

fifow near is that to Dunmaine ?•— 1 beliere
very near two ismafl miles the high road, but
to go a ^ort road il is roach nearer.

You say in the year 1713 you first knew my
lady, where was it you first saw her?— *lii

171 3, that was the first time that I iaw her at
Dunmaine, some time after she came there, i«
December 1713.

Do vou know Rathimny Bogg in that coun*
try .'-IVery well.

Do you know any thing particular that hap*
pened there i* — I do, rery well.

Give an account of what you know. — In the
year 1714, his lordship and major John Huttoa
made a hurling-match, to be hurled at the
Oreen of Rathimny.

What time of the year was that huriing-
match ?-^It was hurled in September 1714, or
the brginning of October 17 14 ; I cannot telt
whether in October or the latter end of Sep*
tember.

Pray, Sir, how long after that, and when did
you see lady Altham at Dunmaine ?— I saw
her that day at the Hurting Green in her
chariot. '

Was my lord there ? — He was on horse-
back.

Pray, Sir, were you at any time and when at
Weidbrd in the yeaf 1715 ? — I was there at
the assiEcs in 1715, wfaieh happened upon
Easter week.

I ask you, Sir, whether there were any and
what persons of consequence there that you
took notice of? — Lord andiady Altham were
there.

Between the time of the hurling-match and
the time of the assizes, diil yoa vmi them at
Dunmaine ? — J was very often at Dunmaine ia
the year 1714, when they lived there.

Were you ever there in Norerober 1714?—
I was often there between cfa^ harling-match
and Christmas 1714*

Were you there in Norember that year ?— 1
cannot tell that.

Did yon see my lord and bidy often betweea
the httiiing- match and the assiases? — I did^
Sirf

When you saw my lady at the assises,
did you obserre her to be with child ?—!
never did, by the virtue of my oath, nor never
heard she was till this aiiiEtir.

After the assines, ean you reoellect any mis**
fortune that happened in your family ?— -When
I was at Wextord assises, my iather,' being ill
for several months before, died ; when 1 came
home the 20th of April 1716, he was dead,
before I came home, and was buried that
Friday, that the great eclipse happened, the
23nd of April..

Do you remember any rejoicings atDnn-
maine^ about the time ot the eclipse, and oft
what occasion? — I cannot tell you on what
occasion, but on the 33d of April, being St.
George's day, that my lord made a merriment,
it was on a Saturday, the day after my father's
burying.

Did my lord Altham celebrate any di^, and
what day in the year with dancing and acierri-
ment ?— That day he did, the 38d of April
1715, and the 33d of April 1714 before.

Did you see lady Altham at the time, yen
were there ?— 1 saw her there, indeed.

18S] . 17 GEORGE IL

Was she present at the diversioD ?-- She
was.

In what condilioQ did she appear, as to
beio^ with child then ? — By the virtue of my
oath, f never saw her appear as to say she was
any way big, or with child.

How soon after did they go from Dnn-
naioeto Dublin f — They went in May 1715
to Dubh'n.

Did you see them at any time afler, and
when ? — I saw them in August 1715.

Was that the Auc^ust aflier the assizes ? — It
was in Augfust 1715 tiiat I saw Uiem in
Dublin.

Did you see them at any time that year
besides, and how soon after? — 1 did see ttiem
in October 1715, and in February 1715 I seen
them here; and in April 1716, the latter end
of that month 1 oame to town to my lord,,
and stayed till he went into the country in
Mav 1716.

Where was my lady then? — I aaw her fit
her lodging.

Where?— At Mrs. Vice's in Essex-street.

Can you say when my lord returned to Dun-
maine ? — He went from Dublin to Dunmaine
in May 1716.

[Cross-examination.]

Mr. Mac Manus. Yon say, you knew my
lord and lady Altham at Dunmaine ? — I did,Sir.

Pray, how often did you see them there ?—
I oanoot tell, but very often.

I think you said, that my lady was not with
child when jrou saw her? — I did say so, and 1
nerer heard it till this afiair.

Might not she have been with child and you
not know it?^*-! should have heard it in the
iiouse where 1 was so conversant.

Might not she have been with child and you
not know it?*— I never knew her to be with
child.

What sort of a woman was lady Altham ?—
She was a clever proper woman.

Was she Ull ?— She was tall.

May not a tall woman be with child
and vou not observe it, if she was young with
child ? — If she was, I never saw it nor heard it.

Did you ever hear that she miscarried?— I
never did.

You say you were at the assizes of Wex-
ford?—! was.

Were you there in Easter assizes 1716 ?— In
Easter assizes 1715, 1 was there.

Were you there in Easter assizes 1716, or
My other assizes ?— I cannot tell hot 1 mifht
be at other assizes, I ^do not remember which

DOW.

How came you fo know yon were there in
1716?-— 1 ^ve you a reason before, that my
father was ill when I went to the assizes, and
I found him dead when I came home.

Was Mr. Coldough at that assizes ?— I be-
lieve he may be there.

Would not yoa have seen him, if he had
iMea there ?-**.Tbere may be iMf end ttiere, that
IdidDolyee*

Trial of Marif Heathy

[184

^me any person yon did see there.— I saw
lady Altham there.

How came you to take more particular no-
tice of her being there than of Mr. Coldough's?
— Because 1 was much better acquainted with
thrm than him; and I had very great reason
for it.

Did you see her go into court ?— I did not.

Was she in it to your knowledge? — She was, .
as I was told.

Were you in the court during the assizes ?
— I was in it sometimes, and I cannot tell well
whether I was or not^ but I believe I was.

What coloured clothes had she oo at Wex-
ford then ?— 1 cannot tell.

Where was it yon saw her at that assizes?-—
At her lodging at captain Sweeny's, at Wex-
ford.

Where did he live? — In the street as yon go
down towards the gaol.

How came you to see her there ?— Because
I came to his lordship about some business.

Did you see her whenever yon went to see
my lortl at any other time ? — Perhaps I might,
and perhaps not.

Where was my lord at Wexford when yon
saw him?— I saw him at captain Sweeny's
house.

And where did you see my lady ?— She wan
coming out of the room when I saw her.

What sort of clothes did she wear then ?— I
cannot tell what sort of ckithes, it is so long
since.

Jury. Pray, Sir, when did yon hear of your
father^s death ?— Not until i came home, in the
night.

How long were you at home after he was
buried ? — I came home before he was buried,
he died on Wednesday, and I came home that
night, and he was buned on Friday the 32d of
April.

How far do you live from Dunmaine?—
About two miles, or thereabouts.

Were you at Dunmaine the SSd of April ?— I
was there the 2dd of April, the day alWr my
father was buried.

Mr. Idac Manut* How many days did yoa
stay at the assizes ?— Two days. Sir.

Were you there the first day of the aasizen ?

The Witness is directed to go off the table.

The £xaminatk>n of the Witnesses for the
Traverser ended at three o'clock in the morning'.

Mr. So/icif or. I mentioned to vour lordahip
some time ago, that if these gentlemen offered
any thing new, we would reserve a liberty of
replying, and encountering some testimony
that we expected on the other side. It relates
to the transaction at Wexford, on which they
lay snneat weiffht ; in answer to which, for the
satisfaction of the jury, we shall beg leave to
have two or three witnessesproduceo.

Court. Well, be it so. Whom do yoa call f

Serj. TudM. We shall now call Mr. John
Masterson, the very man tbftt was tri^A at thn|
■saiycs.

IS5]

for Perjury.

Mr. Mahme^ Mr. Dafy^ &€. Not one of the
witneoes uiil that be was tried, but that Walsh

Mr. Robins. This ia to show whether lady
Aiuiam was ttiere or not.

Mr. John Masterson sworn.

Seij. TlsdalL Were you at the assizes of
Wexford jo spriug: 1715?

John Mmsierson, I was, Sir.

Pray,^r, were yoo arraigned there ? — I was.

Can you ssy whether there was any lady at
the court-house tfae day vou were arraigned?
— There were some gentlewoDaen there, but I
know of no lady.

Did you take notice of any of them ?— Thera
were two aunts of mine, and a sister of mine,
and two cousin germans. '

Who were they? Name then.— My aunt
Swords, my aunt Talbot, my sister Colclongb,
and my aunt Talbot's two uauffhters.

Camrt. Did you know lady Altham then?—
I did.

Did yon see her in the court-house that day ?
— 1 take it u|K>n me, to the best of my know-
ledge, to say, that I did not see her.

Do yoo know Mrs. Anne Giflard ?— I did
know her formerly, hot have not seen her
since the last time 1 seen her at Wezlord.

Did yon see her in court ?— >To the best of
my knowledge, she was not there.

Was she in Wexford at that assizes ?— If she
was, she was not in court.

How do yoo know ?— 'Because I did not see
her.

And might not she be there for all that? —
She m^ht be in disguise, may be.

Woidd you know her now if yon saw her ?•»
I do not hdieve I would, for I hve ?ery re-
note from that part of the country, and have
not seen her a long time.

Might not she be there and yon not see her ?
— No^ except she kept behind backs.

Serj. lUduil. Did yon know lady Altham
before thai assizes ?— 1 bare seen her before al
Ron at captain Bntler*8, my wife's father-in-
law's.

Weie yon acquainted with her face?— I

Did yoo, or did yon not see her in the court
at the assizes? — I did not see her to the best of

ly knowledge.
Mr. Dafy. Was lord Altham there ?— He

8eQ. TUdatt. Was G«sar Coldoogh there t
— Bewss.

Wbereaboots was he in the court-boose ?— -
1 do Botf«member whereabouts be was.

Cmri. This is improper ; it is not regular,
Mr. 8a^Dt It is eridence to the same fact,
yoor cfidcoce now most be only to discredit tho

8eQ»2lid(sU. My lord, it is a new fiwi arisen
upon llMir testimony.

Di4jr«i see lady Altham tbera at any other
ann»7*^did.

Atvhol othMTflSsLnsr^I aniiot tdl wUch

assizer, but it was after that, and I have aeeo
Mrs. Giffard with her, and it was not the an*
sizes I was tried.

Are you sure it was not the assizes 1715?—
It was not.

Were you tried at that anizes?— I was ar-
raigned, and tried then, and acqoitled with
honour.

Was Mr. Walsh tried at the aame time?—
He was not tried by the same jury, nor the
same day.

Pray, were yon both at the same time in
court ?— We were, Sir.

Mr. Recorder. 1 ask you. Sir, were yoo
under so little concern, as that you reckoned
all the ladies in the court ?

Court. You esUblish him as a witDess.pi«*
perly produced, if you cron-ezamine htnu

John Masienon. There were more woaeo
that I do not remember.

Seij. Tudall. We beg leave to produoe
Mr. Coldough.

Jury to Mr. Masterson. What was the day
you were tried on ?— I betiere it was on Wed-
nesday 1 was tried, to the beat of my memory,
and 1 beliereit wasthe 90tb of AoriK

On what day waa Mr. Walsh tried?— Mr.
Walsh was tried the day before me.

Did the Court sit the day after yoo were
tried ? — I did not mind that, mr I waa drinking
with my friends and minding other business,
and did not iniud that; 1 believe the judges
discharged the country.

Were yon in court when Walsh was tried?
—I was.

Mr. Mac Manut, Mr. Cohdoogh has met
with a very great misfortune by the death of a
valuable son, but for the sake of public justice
he will appear here.

CdMT CokUmghf esq. sworn.

Serj. lUdalL Were you al the spring as-
sizes of Wesford in the year 1715 ?

CMorColehugL I was, Sir.

Did you see lady, Altham or Mrs. Gifihrd
there ?— 1 did not that 1 know of.

Were you in the court-house when tho
Pretender's men were tried ?— I was.

Pray, Sir, were lady Altham and Mrs. Gif-
fard .there?— To the best of myknowledge,
they were not.

Did yon sit by them at tfioae triab ?— 1 did
not. Sir.

Phiy, Sir, did you hand either of them into
court?— I handed neither of them into court,
by the virtue of my c»ath.

Did you attend the whole trial ?— I did, and
was there befoup and after.

You were acouainted with Mr. Pigot, 1 pre-
sume ?—W hat Pigot ?

Counselkir Pigot, that was married to Mrs.
Pigot of Ty tttem.— Yes, he .was married to my

Can yoo say where be waa in spring 1715?
—To the best of my knowledge, he was thco ia

Enffland. '

Do yoo romanber his breaking bis leg?-*

Ig7;j 17 GEORGE II.

Ida, Sir; I remember he broke it at Glan-
goole in the coaoty of Trpperary.

Pray, Sir, what year n as that? — In the year
1710, to the beet of my know ledge.

Did you ffo to tUe county of Tipperary to
him f-— 1 was in toirn here when he broke

Trial of Mart/ Heath,

[1S8

his leg, aad my cousin Pig«t wrote to me, she
had a jointure upon that estate, and wrote to me
that I should come

Mr. Daly, 1 must object to this evidence
Mr. Colclough is going into; those letters, Sir,
that ya« received from Mrs. Pigot are not evi-
deuce.

' Serj. Tisdall, Do y^n know Dennis Red-
ttond ?— I do.

Pray, Sir, what character does be bear ; is
be'g man to be credited anon oath ? — Upon m^
word, I belic?e he is to be credited upon his
Mth ; if yoa will ask me for my reasons^ 1
will give them to you.

WmU iB.his general diaracter ?— He has as
good a character as any man of his abilitiei
tlMtlkneiw of i6 the worki; I have known
kifD these twenty yeaes.

.Pray, Sir, do yoii know when ceunsellor
Pigot died ?-^ believe [in the^ year 1719, or
thmaboots; he was biwied- in >Si. Paul's
church, the time of his death is on his tomb
there ^- 1 .believe it was 1718 or 1719, or tbere-
skouts, i am not certain.

Court Bo y<;tt know whether Mrs. Pigot
went to her husband when he broke his leg r-**
She did ; and stayed with him till he came to
Dublki*

Do you repember what year it wm ?— It
mm in the year 1710, as near as I can re-
«oileo(»

[Cross-examination.]

Mr. Recorder, Can you swear that lady Al-
iham was not at the assizes in the year 1715?
«^I can, as positively as I can swear any thing
in the world.

Can you, that she was not mt the assises ?•-*
I can, tb«t she was not in the court.

Can you swear thai slie wasnot in the town f
«-^J oinnot take upon me to swear that she was
Bot in the towni

Can ^ou swear that Mr. Pigot did not break
Us leg m the yeav 1715 ?—• *I can^ to the b«t
of my memory.

But can you positively swear that be did not
break his leg in the year 1715? — I can swear
that It was not in the spring 1715, because I
iras at the Wexford assisoss, and my cousin
wrote to me to come to her.

Where was she ? — She was at Glangoote.

At whose house there ?— At» one Hunt's^ it
wm a thatched house.

Do ybu remember Penelope Hunt, a dough*
ter tfa^fe ^ — I cannot tell, 1 might see wonten
tiiere, but did net take such notice as to re*
member them.

Do not you believe that Mr. Hunfs family
knew when Mr. Pigot bvuke his legf Was not
it broke near them P — ^Upon my word. Sir, I
do not believe they knew better tMB I; faRBcause

I was directed by my cousin to come down,
and 1 did ; and I found her there, and surgeons
setting his leg, and I am sure it was the jear
1716.

Where was Mrs. Pigot in the year 1715?—
She was in the winter 1714, 1 am positive that
she was at Tyntern, and she seldom leflt it till
towards May, or thereabouts.

Do you know James Walsh? — He did not
live with her then.

Did not he live with her in the year 1715 ?—
No, Sir, nor his wife neither.

Where did they live?— They lived in town,
Or somewhere eke, but not in our family.

Was not he an attendant of the fomily at
that time? — No, Sir, I believe he was then a
door-keeper to the play-house.

Upon your oath, do you know that of your
own knowledge?'*-^! do know it so for, as I had
it from his own mouth, upon my oath, that b«
was a door-keeper at the play-bouse.

How long beifore that was he ia their ser-
vice P— He had not been in the service before.

Was not he ih the sei^iee at all ?^-Ho was
afterwards, but he wsib not in the service at the
time Mr. Pigot broke his leg at all.

Jury. Was k)rd Altham at the saiizta of
Wexford in 1715 ?-«I do. not rocoUebt any
thing about him at all ; I wlistold hfd was, but
he was a man taken very little notice o£

Do you know whether he was in court or not
at the trial?— I do bot know whether be was
in the court or not.

Mr. Recorder. Do yon remember vrfaere you
were at the time of the eclipse ? — I was in ih€
county of Wexford $ I wds hunting on the
mountain of Forth at the ver/ instant of the
eellpae.

Did you, or (h'd you not see k>rd Akham at
Wexford assizes ?-^I did not see him there, to
the best of my knowledge*

Recollect, and say uimhi your oath, whether
you did or no?-— I do not reoc^lect, I cannot
say I did tiot see him or that I did, upon my
oath.

Seij. Tisdall. We shall trouble yoiv.iord«
ship but with two witnesses more, and them
but to two. abort points. The first relales to
Edmond Bonrke; we produce Mr. Bush to
give an aoeoimt 9i that man, and a ehatooter
of him too. •

Arthur Bushy est}, sworn.

Mr. Solicitor. Do you know Edmond Bourhe?
Mr. Buek, I do, him of ColIolnbkilL
Do vou remember that he was a pestillioA
to anv body ?m-I d6f not.
What ia he newl-»He ia a kind of a firmef

ttOH^.

Had' you any discourae widi huD about .tfan
affairs of the Anglesea fiimily ?«-«I had a die*
course with him.

Give an account what that discourse wae.—-
A little after the time thai Mr. Anne^y and
lord' Angleaea were at Koss, examining^ wit-
nesses,- this Bourke cam> to my bouse aboat
some b HsinOBS of a justice of ptace^ «(d iftir I

189]

Jar Perjury.

A. D. 1744.

had done w\aX he cane about, I a»ked bim
whether he vras at Ross, and what was duinfif
there ? He told loe there was a great deal of
oompaoyy and ha said be ^re some evidenee
tbeie. 1 then asked him on which side he was
a witness; be loid ne, oa the earl's side.
What was it, says I, that you had to say ?
He swore that he was servant to lord AUham,
when he lircd at Danroaine, and that there was
a kitchen maid there that my lord had gpot
with chfld, that she was onder the cook in the
kitchen, and tliat all the family disliked her,
I)ecaa9e she took* a great deal upon her for
l^ing with my lord. That one day there was
a hare in the kitchen to be dressed for dinner,
and the eoek took the skin of the hare off and
threw it at her, and hit her uflDn the back, and
said, Damn you, for a whore, if I can do no-
thing else, I will mark your bastard. Some
time after, he said, she was brought- tombed
of a son, and they were all desiroos to see if it
bad that mark, and they run to see it, and it
bad the mark of the hare's skin upon the back
of it. I told bim, this is a ?ery material thing,
and I thought yon were a cnnninger fellow
than to be pinned down to swear such a thing
as that. Oh ! says he, if they do not like that,
I can lay that my ion was that day drowned,
and that I was a madman and did not know
what 1 was doing. He swore farther, that
there was a quarrel between my lord and lady
Altbam on account of Tom Palliser ; and upon
that, he said, they parted, and my lord lired at
a place called Duomatne, and she in Ross, and
he went with a compliment fVom my lord to
ray lady, with a How-*do-you-dd, and said,
that be saw my lord very fond of the child ;
and, says he, I spoke to my lord about it, and
said, flow can you be so rery fond of that
bttstaid P Why, says he, I got him, and I will
take care of him, J will get him to be a cap-
tain of horse.

What character has this BourkeP— He is
of a rery bad character.

Is he to be believed upon his oath ? — I will
not t)elieTe bim ; nor no one that erer heard
talk of bim would beliere him.

How long hare you known him ?-^I hare
known biro these 96 years, and I hare known
him under a bad character during that time.

[Cross-examination.}

Mr. Recorder, Had you any disconrse with
this man about a child of lady Ahham's P — No
indeed, be told me that she never bad a child.

Mr. Just BUnnerhatici, Gentlemen of the
Jury ; The traverser, Mary Heath, is indicted
for perjury, committed bv her on her exami-
nation in the Court of £xcbequer, in a cause
wheveia Camplieil Craig, lessee of James
Annesley, was plaintiff, and the earl of Angle-
sea, defendant. The several assign meota of
perjary in the indictment are as follow :

First, it ]s laid in the indictment, that she
swore on that trial that lady Attham never had
a child, labile she, the traverser, lived wkh her.

Secondly, That lady Altfaam never had a
child at Dunmatne in the county of Wczfbrd.

The third is. That there never was a chiMT
as a child of lord Altham's and Mary his lady'
christened or living at Dunmaine house, wbtw'
she, the traverser, was there.

Tlie fom tb. That she never sasr a chiM In'
the hands or care of Joan Laffan while sM
was at Dunmaine.

And the fiiih is this, That lady Altham daT
not miscarry of a child at Uunnsaine. '

Tlie indictment, (gentlemen, averrsth the"
contrary of all these facts, sworn by the tra-
veraer, to be true, and that she has been guilty'
of malicious, wilful and corrupt perjury.*
There have been many witnesses produced by
the prosecutor in support of this indictment,
and many in supfiort of the traverser ; snd it
has been admitted that there was a verdict ia
that cause tried in the Exchequer, and Uiat
rerdict was given en the side of the party,
who was to gain by having the traverser's tes-
timony discredited: And it is also admitted,
that those several facts above-mentioned were
sworn by the traverser on that trial in eject-
ment. It is likewise admitted by both sides,
that the traverser lived with lady Altham lirom
the month of Octoher 1713, the time of ber
first coming into this kingdom, till the year
1729, when lady Altham died. All these are
admitted, to shorten the time.

* The first witness exam>iied by the prose
enter was Mrs. Henrietta Cole, whose tes-
timony related to the miscarriage of Isdy
Altham.

•She swears, that lady Altham came over
in 1713. That lord and lady Altham lived
at Dunmaine. That they, and Mrs. Cole,
and her mother, were at dinner st Dunmaine.
That there were saucers of indecent images
brought to table, which were broke by my
lord, whereby my lady Altbam received si
fright, and that Mrs. Heath came and alarm-
ed her mother that night with the mdi<:posi-
tion of lady Altham ; and that Mrs. Cole was
in bed with her moiher, when Mrs. Heath de-
sired her mother to make haste, ami rise, for
that lady Altham was extremely ill. And the
witness said, she believed, that lady Altham
miscarried, for that she saw the abortion in
lady Altham's closet; she first said, that the
abortion was shewed to her by her mother,
and did not remember any particular con-
versatioi>*about a miscarriage, with lady Al*
tham ; that lady Altham was coniined to her
chamber a fortnight, and that she mentioned
this affair to Mr. Monk's family.

* This is the substance of her direct testi-
mony. Btit she is not quite so consistent
when cross-examined.

* You observe, gentlemen, that Mrs. Cole
says, that lord and lady Altham went from'
ber father, to lodge at another lodging, and
that from thence they went to Bonm^lne.
In this point, the witnesses for the traverser
stand in (^ntradiclion to lier ; for they swear,
that lord nord hidy AUham went directly from'

1911

17 GEORGE II.

Triai of Mary Heath,

[192

Mrt.Cok'ifather'shoiiBetoDuninaiDe. Mrs.
fietwright, who was hired to be the boase-
keeper, is particular in her testimony herein,
that lord and lady Altham went from Mrs.
Briscoe's, and not from Vice's to Donmaine.
Mrs. Cole said, that Setwright was brought*
tD-bcd in Dunmaine. Setwright and she
agree in this part of the eTidence.

* Mrs. Cole said, she was examined in the
Court of Exchequer, and there declared, that
she and her mother went down to Dunmaine,
from Dublin, in March or April, in the spring
immediately following lady Altbam's coming
over to this kingdom. But now she corrects
herself, and says, she then mistook the time,
for that it was in February she and Rer mo-
ther went to Dunmaine. She says, the ac->
cident of china saucers happened two months
after going to Dunmaine, and that four gen-
tlemen and her mother and she dined with
lord and lady Altham that day, and were pre-
sent at that accident : She does not mention
who they are, hut conceals their names. In her
testimony, she describes the room. She tells
yon, gentlemen, that lord Altbam emptied the
saucers very carefully from the sweetmeats,
and threw them down, one by one. She swears,
that lord Altham knew his lady was with
child. She says, that she believes that she
swore, that she was about 13 years-old, at the
time of the former trial ; but now she says
ahe was bom in the year 1691, so that she
mnst be then about 33 years old, and diflfers
now 10 years from the account she gave of
her age on her former examination. She
tells you now, that one might obsenre the
large eyes and bead of the abortion. She
admits to hare said, on the former trial, that
her mother told her it was an abortion ; but
now she says, that her mother and she went
into the closet together. She said on the
former trial, that lady Altham sat next to her
at table, but now she says that lord Altham
sat next to her ; and excuses herself from
these mistakes, that they all arose from the
confusion she was in at the time of her exa*
mination.

* She now will not be positive that lady Al-
tham went to Vice's before she went to Dun-
maine, but is positive she went to other lodg-
ings. Says, she does not remember the
housemaid at Dunmaine, nor Bourke the

Sostillion. She tells you, she paid a visit to
Ir. Boyde's. She was asked if she knew
Anthony Dyer, one of the servants; she
said she did not. She was asked if she was
at Dunmaine on St. George's-day ; she said
she believed she was. She was asked if she
remembered any smock race to be at Dun-
maine that day ; she said she did not remem-
ber of any smodc- race. She denies she ever
bad any discourse with Mr. Mark White,
that she could swear for lord Anglesea, if her
lease was renewed. She said she did not
know of any tire or candle, being in>l|i6 room
when Mrs. Heath caaie to alarm her mother
«f lady Altham'a being jll ; bat the maoBer

of her knowing Mrs. Heath was, by her
voice.

* The next witness in behalf of the prose-
cutor was Dr. Jem matt. ' He swore that he
was physician to lord Altliam several years.
He swears, that lord Altham came to bis
lodging to acquaint him of the indisposi-
tion of his lady, and that he went along with
my lord to see her, and fouud her very warm,
and prescribed for her ; but that atierwarda
he discovered by her all the symptoms of
pregnancy, and that she told him she was
gone three months with chH^l. She said she
was regular till about two months past, and
thereupon he ordered her mild medicines t
He further said, he believed, that lady Al-
tham was with child, and that her complexion
was altered, as pregnant women are. He
was asked on the cross-examination, whether
there was any infallible rule to know a real
from a false conception. He said, the Colleges
of Physicians or Dublin, or London, or the
Uoyal Society in London, could not as yet de-
termine that point.

* Hellen Moncriefe was the next evidence.
She 8Wore,>that Doctor Walker recommended
her as a nurse to lady Altham. That she met
him in Stafford-street the beginning of No-
vember or December 1714. That she was
three times at my lady's lodgings, that she
appeared as big with child as any woman
that had been gone six or seven months, that
she laid her hands on her belly near her pet-
ticoat ; though she was not quite so critical
as the doctor was in his profession, yet she
seemed to know more of lady Attham*s prejg-
nancy than the physician knew. When she
was cross-examined, she said, she did not oh«
serve any child to move in her belly.

' Mrs. Bush was next examined. She aaidv
she was acquainted with lady Altham, and saw
her at New Ross in February 1714, and that
she seemed then to be with child ; and that
she was in mourning tor queen Anne. That
she was introduced to her there, and in a day
or two paid her a visit. She says that she saw
her after the latter end of June, to the best of
her recollection, without her bi^ belly. There
was nothing certain in her testimony, and no-
thing material arose from her cross-examina-
tion ; therefore, gentlemen, I will not Ironble
you therewith.

* Alice Betts swore, that she wished lady
Altham joy, and in November 1714, and after,
had some conversation with Mrs. Heath ; and
that she used to joke with her about lady Al-
tham's being with child. She said, that lady
Altham appeared vrith child, and that it waa
easy to be seen that she was with child ; that
it was before or after Christmas.

' Mary Sutton swore, that she dined at Dun-
maine, and toasted the boy in the box.

* As to Evan Thomas, and Martha Tenant,
tbeur testimony was not very material. Yoa
have it, gentlemen, in your notes.

* Anstace Toole said, she fitted a gown on
* lady Altham, and that Mrs. Heath was pre*

193]

Jwr Perjury.

It. ITiftt the warn the child at Rom, and

* made a gown for the child, and taid that the
*' never had any con? ersation with lady Altham

* aJMMit the child.

*Anne Bennett said, the heliereil in her
*• heart, Jadj Altbaoi was with child, and that

* ladir- AithajD looked very round.

* Edward Hewlett was the next witnesiy who

< iras examined after Bennett. Yon have leen,

* f^entleoieny the mean figore and appearance
' be made. He swore he sold clouts to Mrs.
*• Heath, for lady Altham's lying-in. That on

< the] day of separation of lord and lady Al-

* thaiD, her ladyship kissed the child m the
' ooacb at parting. He said that this hap>

* poned about ten or eleven o'clock in the morn-

* mg. . But here, gentlemen, I most take no-
^tice, that all the other witnesses say it was in

* the afternoon lady Altham went from Don*
' niaine, the day of the separation ; and herein
' contradict Hewlett.

' It is of no purpose to mention all the cross-

■ eniDinations, therefore I shall not repeat
' thens to yon.

* Newton Rickets said^ that he made a small

* chmir ibr a child, hat did not swear, that lord
^aod lady {Altham called him their child, hot
' that they behaved to him as such. I shall
« likewise not trouble yoo with his cross-exa-
*aunation.

* Elizabeth Doyle swore, that her mother

* fell iU of a fever, which prevented her nursing
^the child. On her cross-examination she

* said that Madam Cole desired her to go to
\ Daiimaine last summer to give an account of

* what she could say, and that she was not at
*' Donmaine for twelve years before.

. * iasMsSinnoi swears, that he saw lord and

* lady Altham at his father's house, and ob-

* served that lady Altham was with child, and

* that the child was afterwards at Donmaine,

* and that lord Altham had ordered the child to

* be brought to table to be shewn to the witness
*aad Mr. Ivory as his son and heir. This

* piece of evidence is somewhat extraordinary,
' that lord Altham should call his son and heir

* to be shewn to him, and that he never saw the
'child but once.

' * Jamea Fitaspatrick says, that he saw a child

* in the arms of a clean, onlerly woman, and
« that he took it to be lord Altham's legitimate
*• child ; and the only reason he gave for it was,

* that behelieved lord Altham had that regard

■ for him that he would not introduce his illegi-
^timate child lo him, and that to the b»tof
' his nseniory, he saw the child once beibre the

* separatien« But 1 mnst.ohserve to you, gen-

* tlemen, that no witness of figure has been

* produced to satbfy you that la<^ Altham ipis-

* carried, or was brought to bed.

*■ You have given great attention, gentlemen,

* to the evidences of both parties, and you have
' them on your memory, therefore in regard

* it is so late, at this time I shall not trouble

* you farther with a repetition of them.'

Gentlemen, I see yon are air greatly fa-
tigued ; I do not wonder at it, for 1 think we
VOL. XVIII.

A. D. 1744w [194

have lat here without refreshment for near
twenty-two hpurs. You have heard the evi«
deuce on both sides, and seen the witnesses, so
that it will be unnecessary to take up more of
your time. I shall only observe to you, that the
crime tlie traverser stands charged with w a
crime of a high nature ; the consequence of a
conviction is no less than to make her perpe-
tually infamous, never to be believed after in a
court of justice ; and therefore it is that men of
honour will see, that evidence is clear and de«
monstrative, before they will lay such an im-«
putatiou by their verdict on any body : You
vrill for this reason, weigh the testimony on
both sides, and compare the credit of the wit-
nesses ; and if, on tne whole, you shall believe
that the balance goes on hehidf of the crown,
you will then find the traverser guilty ; if, on
the other hand, tlie testimony in favour of the
traverser outweighs the crown evidence, or is
equal with respect to credit, even in that case
juries rather incline to mercy than otherwise ;
so that, gentlemen, you will go together, and
I will wait for you till you please to return with
your verdict.

L« G. J. Marlay. Gentlemen, my brother
has summed up- and observed upon the evi-
dence, so tar as he has gone, as clearly and dis-
tinctly as possible.

There have been twenty- five examined on
behalf of the prosecutor, b««ides three new
ones produced ou the reply, and no less than
fifteen on the part of the traverser. To repeat
every thing they have said would he endless,
and almost impossible, considering the time al«
ready taken up in this extraordinary trial.

I shall only observe to you, that in a cri-
minal case of this nature, the testimony .te
convict any person of so great and infamous an
offence, ought to be so full, clear and con-
sistent, that there can be no room to doubt the
truth of what it is offered to prove.

Whether what you have heard on behalf of
the prosecutor be such of itself, considered
without regard to what has been given in evi-
dence for the traverser, you are the proper
judges.

Though there are many witnesses for tiiu
crown, there are few material ones ; and it ban
been observed to yon already, that the bare de-
clarations of my lord or lady Altham are not
evidence in this case.

The first witness produced, Mrs. Ode, is a
material witness; my brother has fully re-
peated her testimony; I shall not add to his
observations ; ahe swears to the miscarriage,
and there is no other witness brought to
support her testimony, though two contra-
dict her.

The 11th, Edmond Hewlett, a pedlar, is in
some measure a material witness ; he swears
that the child was owned by ladv Altham be-
fore Mrs. He&th, and a ribband bought for it
by my lady, and put on the child bv the tra-
verser, and diaper bought for it ibr clouts, be-
fore it vras bura^ by the traTerser. You have

195] 17 GEORGE XL

seen and beard him, and are the best judges
how far he is to be credited.

Jaroed Fitzpatrick, the 15ih, svrears, though
not so fully, to the same purpose, the pubKc
owning of the child ; and to this purpose are
these who are produced to profe the enquiry
for a nurse, ayd the child's being carried about
by my lord and lady Altbam.

Eleanor Murphy, the 18th, and Mary Doyle,
the 19lh witness, ai*e both material, and swear
positif ely, that they were present at the birth
of the child ; and Dennis Redpaond, the 17tb
-produced, swears almost as fully to the same
purpose, thoneh he does not swear bimself an
eye witness orthe birth.

Joan Laffan, the last produced by the pro*
secutor, is a very positive and material wit-
ness, if yon credit her ; she dry-nursed the
child in the honse with my lord, and she says,
with my lady too, where the Unvepser saw bim
e?ery day. As to all the others, they are only
eTidences as to their belief and opinion, merely
ooojectural.

Doctor Jemmat, the person of most skill,
lold you, that neither be, nor the College of
Physicians here, nor that in London, assisted
by the Royal Society, can disting^uish between
a false conception and a real pregnancy.

I said the other witnesses were only to theur
belief and opinion ; I must except Thomas
Hi^nson, who would hate been a material
evidence, if his memory did not fail him.
. Now, gentlemen, if you believe Eleanor
Murphy, Mary Doyle, Dennis Redmond, and
Joan Laffan, you have sufficient evidence to
convict the traverser, Mrs. Heath ; but if you
should not think them persons of credit, you
have not sufficient positive evidence on which
you can ground sucn a verdict.

Three of these witnesses. Murphy, Doyle,
and Redmond, swear to my lady Allham's be-
ing delivered of a son, and swear it very posi-
tively. ^

But ifthey swear truly, this child was bom
it Dnnmaine, and very near Easter, in the
latter end of April, or b^;inning of May 1715 i
and christened at Dnnmaine liy Mr. Lloyd, a
clergyman of the Church of England,^ three,
cr four, or five weeks after its birth, and had for
godfathers and ffodoMitber, Mr. CliSe, Mr. An-
inony Colclougb, and Mrs. Pigot of Tyntern,
who were all present.

If there was no child of my lady Altham's
bora al the place and Ume they positiTely swear
lOy nor christened there, they are, I mean all
these three witnesses, directly periored.

Now, if my lady Altbam w^s at Wexford
varices at thafrtimi^ she ooaU not be ddhrved

Trial oJMor^ Heaih.

[IM

of a child at Dunmaine. If Mr. Gfifle and
Mrs. Pigot were, one in Dublin, and the other
in the county of Tipperary, from the hitter end
of April till six weeks after Easter, they coald
not possibly stand in person as gossips to a child
of my lady Altham's, christened at Dunmainar
in three, or four, or &fe weeks after it waa
born.

Observe, gentlemen, that it appears by the al-^
roanack, that Easter day, in the year 1715, fell
on the 17th of April ; tne great eclipse of the
sun happened on the £Sd of April ; king
Geoi^ the first's birth day, the 28th of May,
was on a Saturday. On that birth-day my lady
Allham was in Dublin. The spring assizes of
Wexford began on Easter*eve that yeaj. Mj
lady Altbam is sworn to have been there.

Now, as to my lady Altham's bein^ or not
being at the spring assizes of Wexford u 1715,
if the matter should stand doubtful ; because,
though tliree witnesses of credit have sworn
she was, yet Mr. Masterson and Mr. Cesar
Colclougb swear they did net see her there ;
yet it is impossible that Mrs. Pigot and Mr.
Clifie could be at a christetiing at Dunmaine,
ivbeD they were at many miles distance at the
time that christening was, if there *were ever
any such thing.

Mr. Cliffe is proved by the records of the
Court of Exchequer to have been in Dublin.

And Mrs. Pigot, by a witness, (who, if cbe
swears the truth, cannot be mistaken) to have
been at Mr. Uunt*s in the county of Tip*
perary.

I must observe to jroii, that Mr. Arthur fiuak«
the third and last witness produced by the pro-
secutors on their reply, svrears only to discredit
Edmond Bourke the postiUwn, a witness co be*
half of the traverser.

If yon beliere the traTerser*8 witnesses, par*
ticularly Mrs. Giffard, Mary Setwrigfat, and
Sarah Weedon, my lady never was brMigrbt*to-
bed at Dunmaine; and consequently Joan
Lafian, who swears that she had this child pot
into her hands by my lord and lady AhhatD,
and that she dry-nnraed it at Dunmaine, and
all the rest of the poaitiTe witnesses for thsr
prosecutor, are not in the least to be credited.

You, gentlemen, arejodgeeof ti^efact; it
is voor business to weu^fa the testimony oa
both sides, and, as you find one or other de*
serve credit, to find the prisoner Guilty, or ae^
quit her.

At half»aii*hoarafier fbnr o^olock the Jury
lefk the box, and afto twenty minoteastayp
retoraed witfi their Verdict for the tiafcnar«
Not Qmiky. '

19TJ

^^e tartofAngtesesandothers. A.D* 1744.

[igft

505. The Trial* of the Right Hon. Richard Earl of Anolesea^
Fhancis Annesley, esq. and John Jans, gent, for an Assault
on the Hon. James Annesley, Daniel Mac Kercher, and Hugh
Kennedy, esqrs. and William Goostry, gent, before the Hon.
Richard Mounteney, esq. second Baron of his Majesty's Court
of Exchequer, and St. George Caulfield, esq. his Majesty's
Attorney-General, Justices of Assize for the Leinster Circuit,
on Friday, August 3d, at Athy, in the County of Kildare in
Ireland: 18 George H. a. d. 1744.

' (h« reign of onr lord George the teeond by

* the mee of €k>d, of Great Britain, Franca
< and Ireland, king, defender of Ihe faith, and

* fo forth, with force and arms, that it to say,
' with avfWds, Bticka, and 90 forth, at the Cor-
' rangh in the atid county of Kildare, in and

* upon one William Goostry, a true and faithfol

* subject of onr said lord the king, in the peace

* of God, an4 of our said lord the king, then

* and there being, did make an assault, and htm
' then and there did beat, wound, and ill treat,
' so that his life was greatly despaired of, and
^ other wrongs to him then and there did, con-
' trary to the peace of our said lord the king,

* his crown and dignity'
The like for assaultingthe honourable Jamea

Anneeley, esq.

The like for assaulting Daniel M'Ker-
cher, esq.

The like lor assaulting Hugh Kennedy, esq.

Mr. Ditnty, May it please your lonlsbip,
the right honourable Richard earl of Anglesea,
Francis Anaesley, esq. and Mr. John Jans, do
stand indicted on the 16lh of Septecnber, 17th
of Geo. 2, for an assault by them made, at thai
Cnrraiigh of Kildare, in and upon the honour*
able James Aonesley, which indictment seta
forth, that ou him then and there, they did
make an assault, and likewise on Daniel
M'Kercher, esq. Hugh Kennedy, esq. and
5Ir. William Goostry. I hope ^e shall be
able to give such evidence, as will clearly prove
the allegations of the indictments, and that your
lordship will direct the jury to find for the pro«
secutors.

Mr. Harward. May it pleastf your lordship/
and you gentlemen of the jury, I am of counsel
this day for the prosecutors, Mr. Annesley,
Mr. M*ICercher, Mr. Goostry, and Mr. Ken*
nedy, and the natnre of this case and proae«
cution will appear to your lordship and tothtf
jury, as I apprehend, in this light ; for I shall
state it from what I presume to be true, and
will appear to be so from the examinations that
are given in against the traversers by thoetf
gentlemen. And though this, my lord, upon
the face of the record, appears to be but an or*
dinary «ad Gomaion anault, yet, if thcee exa*

1 HE Court being set at eleven o'clock, the
Jury were called over, and answered to their
names ; of whom the following twelve were
sworn, to try the issue joined between the
parties.

John Dii^y, esq. Mr. John l^erry.

Henry Diekson, eaq. Mr. Samuel Mills.

John Bagot, esq. Mr. Edward Uarman.

Mr. TbonasSherlock. Mr. James Tyrrell.

Mr. Geatige Bradford. Mr. Thomas Tyrrell.

Mr. William Lebon. Mr. Edward Ward.

Angus Byme, one of the persons indicted for
llie assault, is called into court, and appears.

Clerk of the Cromn, Yon stand Indicted, for
nsoulting William Goostry, gent, on the 16th
•f September last, do you submit or traVerste ?

Angus Byrne, I do submit.

C/^A;. Vou likewise stand indicted for as-
saulting Bngh Kennedy, esq. do you submit or
tiayeise f — Angus Byrne. I submit.

Clerk. You likewise stand indicted for
nsnulting Daniel M^Ketvher, esq. do you sub-
nut or traverse ?— itngvi Byrne. Htibfiiit.

Cierk* You likewise stand indicted i'or as-
tanlttttg Jamea Annesiey, esq. do you submit
or traverse f — Angut Byrne. Submit.

Qfurt. The gentlemen of the jury must
have pen, ink, and paper. *

Clerk efthe Crown reads the Indictment, which

is as follows :

* County of Kihiare. The jurors for onr

* lord the king, upon their oath say and pre-

* sent, thM Francis Annesiey of Bally sax, in

* Ihe ooanty of Kildare, esq. the right honour-

* able Richard earl of Anglesea, Joseph Law-
' son, late of the city oRDoMin, in the county

* of the city of Dublin, yeoman, John Jans,

* late c^ the same, in the said county of the
*sa!d city, gent. Anguish, otherwise called

* Angue Byrne, late of the same, in the said

* county Of the ^id city, yeotnan, and Mi-

* chael Lacy, late of the same in the said

* county of the said city, yeoman ; on the

* 16th day of Septemlvr, in" the 16th year of

• See thfc two last Cases in rol. 17, nod the
pit ceding Cess.

199]

la GEORGE IL Trid of the Earl ofAn^^seM and others, [200

uinations are troe, it will appear, that, bad not
the hand of Providence very signally interposed
in preservation of their lives, instead ora oommon
and sudden affray, it would have been a crime
of another natore, it would have been a crime
of the deepest dye, for which the traversers
most have stood a trial for their lives. I do not
mean, my lord, when I say it would be a crime
of another nature, by that to bring it home as
such to all the traversers ; no, I Mieve there
may be one of them who had not such a
wicked intention ; but ai lo others, it will ap-
pear lo be a concerted, premeditated assault,
not to be satisfied by bloodshed and battery,
but to pursue the prosecutor, Mr. Annesley,
lo death. If these ejcaminations are true, this
is but one of the many attempts that lord An*
glesea—

Mr. Sprifuf* My lord, I must submit it lo
your loi:dship's judgment, how proper this
gentleman is at this time in this very elaborate
and affecting harangue. The offence for
which the traversers are indicted b an assault,
which arose from an ordinary and common
quarrel at a public meeting ; but this gentle*
man tells your lordship that there was an in-
tention in the traversers, or some of them, to
commit what they are not now charged with,
Bomelhing of another natore, which he makes
a crime of the deepest dye. Pray, my lord,
bow does this appear ? Or, what nght has be
u|ion the present occasion, to assert any such
thing P There is no indictment for such so in-
tention, ndr any foundation for such an asser-
tion ; and therefore I humbly pray your lord-
ship will order that gentleman, in conducting
this prosecution, to confine himself to his
duty, and direct him to open evidence that is
proper, and no more.

> Mr. Hansard. My lord, I am very unfor-
tunate, to be so often taken down by gentle-
men of great experience and knowletige, and
must apply for yoUr interposition, else I shall
not know how to proceed.

Court, Goon, Mr. Harward.

Mr. Harward, I was going on, as I appre-
hended I had a right to do, and as I have ob-
served to be the constant practice in all cases
of this kind, not to confine myself to the bare
assault, but to shew it in all its concomitant
circumstances, that the whole truth of the fact
may appear to the Court ; and the reasod why
experience justifies every body to do this is,
because the fine which the Court is to impose
ifi discretionary, and will be greater or less in
proportion to the nature of the offence ; and
therefore every thing is proper to be laid before
the Court, that may be an ingredient in tbeir
consideration for the imposing that fine. I
■ay then, my lord, that this assault, when it
comes to be considered upon ita circumstances,
Will not appear to be the effect of a sadden
passion, but to have proceeded from an im-
placable enmitjr, that has pursued this unfor-
tunate client of mine from his age of nine or
ten vears old to this day. I choose rather to
lead, as to ^is, the very words of the exami-

nations in my hand, than to trust to my own
representation of the former attempts on his

Mr. Spring. My lord, 1 must call upon that
gentleman again to confine himself to the fact
and the circumstances relative thereto, and
hope, if he continues to offer any thiifg so ex-
tremely improper, your lordship will take
notice of it, and direct him not to proceed.

Court, I think you go too far back, Mr.
Harward.

Mr. Harward. My lord, to be sura I am in
your lordship*s judgment, and therefore it is,
when I understand it, I shall pursue it*

C&urt. It is extremely proper to mentioD the
circumstances attending tnis fact, and the na-
ture of the case, for the reason yon mention,
that it may have a due consideration in the
sense of the Court.

Mr. Harward, I desire to know, my lord,
whether I have a right to lay any circumstances
before the Court and the jury « to let them see
whether this assault was a premeditated thing
or not.

Coitr^. Go on, Sir.

Mr. Harward. Now, my lord, I can shew, ont
of these examinatioiis, that it was a preme-^
ditated thing ; for this assanit happened to bo
committed on the 16th. The first day of tbo
meeting of gentlemen on the Curragh of KiN
dare, to see the diversion of the races, was on
the 14th of September ; on the 14lh and 15tb
there was no actual assault committed; bot
there was a behaviour, there was language
given, that was introductory, and pointed out
most plainly what the consequence would be,
that in reality happened the third dav. I
would be in your torasbip's judgment, wbetbes
or no these two preceding days are not con-
nected with the following ones.

Court. Extremely proper.

Mr. Harward, nhy then, I submit to your
lordship's directions, . and ^ shall not take the
liberty of mentioning any of the former at-
tempts, or injuries of the highest nature, that
my client has suffered— »

Mr. Spring. My lord, this is for no ottieir
purpose but to mflame the minds of the ^ury,
and to captivate the populace. There is no
injury, no attempt of any kind, real or pre-
tended, but thit on the 16ih, that is to be con-
sidered by the jury.

Court, The jury will be told, bjr and bye,
that the single point they are to consider is Uio
fact of the assault only. Go on, Mr. Harward.

Mr. Harward. I did mention that I would not
enter into a narrative of the former attempts,
but confine myself to the paasages of this day.
This gentleman, as son and heir to the late
lord Altham (1 hope the counsel will give mo
the liberty of telling who he is) .

Mr. Spring. There is no occasion for that
neither, at this time. .

Court. Go on, Sir, in stating the case. ' »

Mr. Harward. I say then, that Mr. Annesley,
along with these other gentlemen ^somo oC
them men of prolessioD,) came into tnis king**

fOI]

Jhr an At$diiU»

A. O. .1744.

[SOf

dom in the latter end of last soromer, in m'der
to assert and sue for that, which be ap|ire«
hendcd to be bis right, the Angleaea estate in
thb Jungdom : Mr. Anneiley bad broa|[ht an
ejectment Ibr recovery of part of it^ lying in
the county of Meath, which was then depend-
ing; and lord Anglesea bad notice of this, and
knew the errand these gentlemen came of, to
assist Mr. Annesley in his affairs. He met
tb«iLon the 14th at the Cnrragh ; and the first
thing (for I shall mention the facts in order of
time, aa they happened, from tlie first to the
third day of the races), the first person that my
lord did tl|e hononr to take notice of, was Mr.
M^Kercber. My lord stood in a circle of the
gentlemen of this conntry, and of many of his
owo attebdanta brought mm another conntry ;
anU aedog this gentleman, Mr. M'Kercher,
wbo came to attend Mr. Aonealey's affairs,
the first thing that be was pleased to do was,
to point to Mr. M^Kercher, and -say, '* See
yonder that rogue, that scoundrel, and that
villain M*Kercber : It is not above a month
ago, thoogh he is now dressed up like a gentle-
man, since I saw those very laced clothes
banipng in Monmouth- street, in Loudon." Mr.
M^Kerclier (who is a gentleman, and will
appear in the course of this trial to have
reaolotion of another kind) took no sort of
notice of this public insult, as it was not his
bosioew to venture the conduct and success of
his friend's afiairs in a rash, hot quarrel, but
very prudently passed it calmly and quietly
by. That day, my lord, nothing more,
that was remaikabte, did happen : This was
upon a Wednesday, 1 think the 14th. On
the l§tb, as these gentlemen, for whom I
am coan9el,.were all in a knot, they and their
few friends kept close together upon this Cur«
ragh, which is of great extent, many miles
ever ; but no place whatever could serve mv
lord Anglesea's coachman, but to ride through
and through them, to endeavour to trample
down these gentlemen and their horses with
his ooacb and six, and bunted them wherever
they moved ; and whenever he came near Mr.
Annesley, this coachman (you will guesseasily
by whose directions) used to cry out. There he
is, there's the shoe- boy, black your ball ; and
some etber opprobrious language 1 can't now
recollect. And by this repeated insult of driv-
ing these gentlemen wantonly from place to
place, and calling out to them in that oppro-
oriona manner, this man was determhied, with
bis coach and six, to be upon the back of them,
wherever they removed to avoid him. My
lord* be is indicted also, but does not appear,
tbooghifie still is the coachman of lord Angle*
aea; bianameia Joseph Lawson. My clients,
my lord, obeerving thia beliaviour, like prudent
meo» they i)egan to be more than ordini^ry upon
their gawd, and to fear the worst. As they
were but few, and strangers in the kingdom,
tliey thought thai sticking together would be
the only means left in their power to preserve
them: bntall precautions were in vain. My
laid ofaocrviog, that neither abusive language,

wor^ which must have pierced to the heart oC
the meanest vas^, nor the coachman's driving
bis coach at them, could have raised these gentle-
men's tempers to take any notice of it, another
expedient occurred to my lord, to put his purposely
in execution. Mr. Mac Kercber, upon these
repeated abuses of himseif, and of Mr. Annes-
ley, having waited upon lord Anglesea, with all
the address and good, manners imsginule, told
him (without making the least mention of what
happened to himself the day before) That ha.
was come to acquaint his lordship with the
rudeness of a coachman of his to a gentleman
in tlie field, and hoped his lordship would do in
it what became a nobleman and gtntlemaa.
Lord Anglesea asked. Who the gentlemaa
was? He is told, Mr. Annesley. Upon that,,
my lord, instead of having any feeling whatso*
ever for the transgression of this eoaehman of
his, A gentleman. Sir, says he, a blackguard
shoe- boy 1 I won't turn off my coachman for
any abuse eitherio him or to you ; and yoa
are a rogue and a villain, and he is a bastardy
the son of Juggy Landy, by my brother*,
With this, one of the traversers, Mr. Frandft
Annesley, a relation to my lord, without any
provocation, gave Mr. Mac Kercher a stroke
over the heiid with bis whip. Tb^n my lord
b^^n to insult him in a higher and louder
tone, and made a proclamation to the company,.
gettiojBT up and resting himself on his stirrups,,
that bis voice should reach them all, that tnia
Mr. Annesley was a bastard. I do, saya he,
declare before you all, that that fellow is no
fl^entlemao, but a bastard of Juggy Landy 's^
a kitchen-maid ; and continued his alnise of
Mr. Mac Kercher with the most scurrilous Ian*
guage. As soon ss Mr. Francis Annesley sai/
that his relation's blo^d was a little up, he re-
peated the blow, and with the butt>end of bis-
whip struck Mr. Mac Kercher on the forehead^
which stunned him in some measure. Thia
blow was followed by some others ; but how-
ever, Mr. Mac Kercher did not consider bis
own safety, but turned about to take care of that
which concerned him more than any misfor--
tune that could have attended himself; and
there having laid his eye upon Mr. Annesley,
Mr. Goostry, and Mr. Kennedy, desired them,
to make the best of their way off, or they
wquld be murdered, and that he would follow :
but before these fifenttemen could turn their
.horses to gallop off, Mr. Francis Annesley was
too nimble for them, and made a stroke at Mr.
Goostry, which cut him to the scull ; and he»
with many other persons, repeated these blows,
until there was scarce a part of him which did
not feel the weight of Mr. Annesley'sarm : he
was stunned and knocked down by the first
blow, and continued under cure of bb wound
for a month afler. Mr. Kennedy, another of
these gentlemen, without the least provocation,
eudeavouring to shift for himself, was most un-
mercifully Mat by the traversers, assisted by
several other persons unknown; and when
stunned and knocked down, my lord laid on
him, until some nf the people of the country

tOSj l« GEORGE IL Trial

cried ont to Mm, Vot riiame, Hir sbsme, toft
ihame, don't kill him. Mr. Jans, my lord's
ag«nt, I bad tike to haTo forgot, bad not tbe
mat baod in this^affray, but pimctnaltv ob»
served his lord's orders, who cried out, Knock
them down, kill the villains. Wlien they had
thus levdleif down Mr. Annesley 's friends, who
were his guard, my lord then thought it tbe
proper time to look out for him, and called out,
Where is the dog, where is the son of a whore ?
K\\\ htm. Mr. Annesley, according to the in-
timation given bim by Mr. Mac Kercher, that
be was to be murdered, set spurs to his horse,
and got out of the crowd ; but a servant of my
lord- Aogleiea's, upon my lonl's tnquh'y where
Mr. James Anneiley was, said be had galloped
off. As ioon as lord Anglesea beard that
Mr. Annoriey bad galloped away, who had no
band in this affray, or ever exchanged one word
whh my lord; I say, as soon as lord Anglesea
discovered that he had got safe oot of tbe crowd,
and that his friends lay in tbe condition I have
■ow mentioned, he cried oot to his friends and
■ervants, PoUow the rogue, pursue the rascal,
fear bim limb from limb, and all thatwill snp-
]M>rt him. He directed them, my lord, to
destroy Xiot only bim, but any who should have
humittiifv to endeavour to protect him. Then
thta noWe lord's hifloence over this crowd will
appear to be so absolute, that to the number of
40 or 50 of them pursued this helpless gentle-
man. Re had a bors«, happily for him of
great sp^ed, and be made as good use df if ; he
aoon outstrip^ Mr. Mac Kercher, who fol-
lowed him, and so got out of the field, with
this numerous train of people, some with sticks,
Mme with staves, others armed with pistols
and hangers, pursuing of them both. Mr.
Mac Kercher was nearest to them, and over-
taken by them ; but however it will appear,
that be was not intended to be the victim of this
rabble that did purftue. 1 don't say that any of
the traversers did pursue, but 1 say of this
rabble that did pursue, as they understood Mr.
Mac Kercher not to be tbe devoted bead,
though they overtook him, and be was tbe only
man that could have given the lord Anglesea
the least offence, they passed bin) bv, but made
•II the speeil after Mr. Annesley they possibly
oonid ; and indeed, when he got mto a road
that was leading to a neighbouring town or
village, to Newbridge, where he lay tbe night
before, to seek for protection, this enraged and
furious mob, thus armed and* pursuing, came
80 close, as that he thought it would be safer,
or at least more decent, to die with his face
toward them, than to be destroyed, behind his
back. He was called oot to by some people,
that had nothing to do with the affair, that
there were people with pistols at his back,
ready to shoot him ; upon this, he turned his
horse, and in tbe turn the horse's bind feet fell
into the ditch, and the horse fell upon this un-
fortunate gentleman in the ditch, and bruised
him in a very terrible manner. Whilst be lay
aneechless in this deplorable condition, up came
thia moh ; and had it not been that one Mr.

of ike Earl qf Anglesea and oiherSf [90|

Arcbbold, who is a gentleman of great homa*
nUy, and well deserves the iofhience be has in
that coontrv, interposed and reseiled him, half
dead already in the ditch, from their violence^
there had been a speedy end put to all tbii
gentleman's right and pretence to the AntMsley
estate, by an enci' being put to his life. My
lord, we will shew your lordship the oonditMn
that this Otafortunate gentleman #aB in; ho«r
he lav in the ditoh till he was taken away
sneeenhssa and senseleaato Newbridge, in a
cnaise, beinr not able to ride or stand, and bia
life despaired rffhr some months.

Now, my lord, I have only one other prin-
cipal fhct, concerning this matter, to troubla
you with, which I am instructed to charge tord
Anglesea with in the most expreaa terms ; and
that is, when the mob had returned from th«
pursuit into the field where lord Anglesea was,
some of them )weing him impatient to know
what was done, ihej cried oot to him, By
G d, my lord, be ia killed, he is dead. I
cannot, without violenoe to mj^wlf, mcotloii
what is said to have dropped from that lord
upon the ooeaskm, and wouM be pleased I
could mistrust the truth of it $ hot 1 am io<
structed to sav he could not conceal the emo-
tions of joy wDieh he felt (rn these glad tidmgv^
but cried out, I am glad of it, then all ia welt«
So, my lord, this that was intended to be the
most tragical scene, and came within a bafa^tf
br«adtb of it, I say, bv the interpositioii of Pn»»
videnoe, falls out to be this day but a finable
offence; therefore I sball not trooUe year
lordship any further with tbe circumslaDcea of
thia fact ; they will come oot nnore emphati-
cally upon tbe testimony of the gentleaicD«
who have had n^ore reason to have fUt tfaeni
than I have. We shall examine but a few oat
of many witneasea, and shall endeavour to lay
thia matter before your lordship, withoiit taking
up more of your time than an offence of this
public nature can deserve from a court of
justice.

Mr. Mae Mantii. My lord, aa the case baa
been stated to yon, I shall trouble your lordabip
but with a few words ; which are, that aa tb«
circumstances of this assault will bo a graat
aggravation of the crime, so will they increase
the punishment: and this, my lord, will, in
evidence, appear to you to be an offence of aa
rude, angry, and revengeful a nature, aa ever
appeared in a court of justice. We have tba
happiness to have alive at thia day tbe gen-
tlemen thus assaulted, to shew your lordshijp
and tbe jury the danger and violence of tbia
assault. 1 sball call one of the gentletoeii —
Mr. Mac Kercher, wbd will tell you in what
manner and by whom he was assaulted ; and
(what will still more heighten this offence) tbe
quality and dignity of the offenders, the tim^,
and place where oomtnilted. My lord, tb^
Curragh of Kildare was the place where thia
assault was made$ the time when it was gifen,
ti'hen thousands of peraons were assembled at *
public horse-race; one of the offenders, a
noble peer of thia kingdom $ and anotbtr of

905]

,/br an AuaMlt*

then mtbe«oanii«ionoftliep«ice; fta4 the
BMBBfr of h, which he wiU tdl yen, will ap-
pear le yeo to be withoat env the teest praio*
cMion. Thisi geatteliieo of the jury, will ?ery
particolariy .and rery fully appear te you,
froin the e? ideuce which we ahall lay bdlore
yoa.

Mr. Morgun* Here are four pereoiu, my
lord, coneenied io the four se? era! iDdictineottf
BOW dcpeodbg, and thev are all ioduded ia
each inuictmeiit ; but, 1 hope, if it appears that
any one or more of them is not affected by the
eridcoce that shall be given on behalf of the
crown upon any one particular indictment,
auch penon or peraons shall be allowed to
gtre testimoDV on behalf of such of the traver-
iena as shall be affected by the evidence given
on behalf of the crown on such particular in-
dictment. Suppose, for the purpose^ it should
appear, upon the indictment for the assault
upon Mr. Mac Kerober, that one or more of
the gentlemen mentioned in that indictment is
not gnilty of the charge hud in that indictment,
k would be against reason that such innocent per-
son should not be admitted as a competent wit-
ness on that indictment, and highly injurious to
such of the traversers (as may t« affected by the
rvidenee on behalf of the crown) not to have the
benefit of that persoii's testimony, who, by the
evidence on behalf of the crown, has no guilt
imputed to him on that iiartieular indictment ;
and may, perhaps, be able to give a^ good an
account of the matten charged in that indict-
ment as any witness on behalf of the crown can
pretend to give. For this reason, and in as
much as these several indictments are but mere
aocosstions, I humbly conceive, that, after the
evidence for the crown is given, the jury should
be sent out to consider of their verdict, as to
such of the traversers separately, as we appre-
hend shall not be affected by the evidence given
on behalf of the crown on any ono particular
indictment, and if they are acquitted, that we
may be at liberty to examine them as witnesses
fi»r the other traversers on that indictment.

Coarl. This vrill be almost an impossibility ;
it will be an impracticable thing, as this case is
slalsd by Mr. Harward, to keep the indictments
sqiarale ; but, however, I don't see that the
ypsing on with them all together will afiect you
m this point.

Mr. morgam. If the gentlemen concerned
for the crown shall qot, in the course of their
exsaunatioB, particularize the indictment to
whiefa they produce this or the other witness,
but examine each witness to all the indictments
generally ; from thence a necessity arises, on
our part, to take notice what witness or wit-
Bcssea spoke to this or that indictment, and to
what person or persons mentioned in this or that
indictosent; for otherwise, according to this
scheme of including four persons in four several
iadickaiettts, a man may lose the benefit of the
testimony of bin most material witnesses,
nothing more being necessary to be done to
strip him of tfaatbenefit| than to have bis wit*

A. D. 17U. [tOtf

included in the same indictment with
himself, be they never so innocent of the charge
contained therein ; the consequences of which
must be very fatal, if the law has not pre*
scribed some method, whereby such witnesses,
ttotwitlistanding such indictment, are to be at
liberty to be examined ; and 1 must heg leav#
to rely upon it, that such method is known in
law, and is what I have before mentioned.

1 say therefore, my lord, if tbiH prosecution if.
to be managed and proceeded upon in thai
manner, though any one or more of these tra»
versers should be guiltless as to three of the iiH
dictments, yet be or they can't be examined for
any of the other traversera upon all or any of
those three indictments ; betSMise all the tra*
versers being upon their trial upon the four in*
dictments at one and the same time, and tha
examination on behalf of the crown betn^ ap*
plied to all the four generally, such guilUesa
person as to three of the indictments,, being
guilty as to the fourth, cannot be examineu
upon any of them, because by that means ha
may possibly set about swearing himself off
of the ehaige of the fourth indictment, whicb
perhaps by the evidence on behalf of the crown
might be brought home Io him. Soppoee, for
the purpose,, that Mr. Jans is innocent aa to tha
assault upon Mr. Mac Kercber, yet y^nr lord-
ship will not suffer him to be exammed upon
tliat indictment, because there is another in*
dictment open which he is on his trial at tha
same time, and upon which he may poesiblj^
be tbund guilty.

Court. You won't be under any diffienlty at
all by proceeding upon all the indictmeata toga*
ther ; for suppose now, Mr. Jans shajl be affect*
ed with evidence given upon two of these in-
dictments, but with none upon the third ; why
then I shall tell the jury, that to such an in*
dictment, and such an one, they are to rccetva
evidence against Mr. Jai^s, and to such not.

Mr. Harward. I apprehend this course thai
we are proceeding ia is the proper one, that tha
Court may be thoroughly^ satisfied of the natoia
of the fact.

Daniel Mac Ktrcher^ esq. sworn.

Mr. Malane, I desire, my lord, that the tra-
verser who has now submitted to the indict-
ments, may go out of court, whilst the other
witnesses are examining.

Angta Byrne is ordered to withdraw.

Mr. Mae Mantu. Mr. Mac Kercber, wtra
yon assaulted at the races of the Cunragh byt
any and what penoos— and in what manner f
Tell the whole afiair.

Mr. Mac Kereher. Ai well as my memor|i
can suggest aHer so great a distance of time, I
will. Upon the 14tb, the first day of Abe saoes^
Mr. Annesley-*—

Couri, Ofwhat month P— Of September, mjf
lord— Mr. Annealey, several other genllemea^
and 1, came to the Curragh, for the dif ersioa
of-the place.

Mr. Jlfac Manns. What Mr. Annealey f-^
Mr. James Annesley.

iOT] 16 GE0K6E IL Trial ofihe Earl ofAn^ea and others, [SOS

> Go ODySir.-— We had not been long there,
vbeo pasting b v ^ tent where the noble peer,
vho i« one of the traversers, stood with some
other people— —
. Raise your vokse.

My lord, we had not been long upon the race-
ground, when lord Anglesea, who was standing
at a tent with several other people, called out
to me in particular, (pointing to me) That Mac
Kercher, though he appears here like a gentle-
man, is an arrant scoundrel ; and the ooat you
see upon his back, I saw pot above a month ago
in Monmouth- street. As I looked on this of
too low a nature to deserve resentment, and as
1 came there with a firm resolution not only of
keeping the peace myself, but had recommend-
ed it to all along with me, I took no manner of
ttotice of this insult. After the diversion was
•ver, we retired to Newbridge ; and on the Fri-
day, the last day of the races, we returned
again to tiie Curragb, with the same view as
bSfore, of seeing the diversion of Iheplaceonly ;
we arrived there as the first course was at an
end ; we were no sooner descried by lord An-
glesea's coachman, than he immediately drove
Bis coach and six full bntt at us.
* At whom, Sir P— At Mr. Annesley, the other

gentlemen of our company, and myself.

This he repeated three or four difierent times,
which we as often avoided ; at length,«wben
lie found we could not be provoked by that be-
haviour, be began in a mm and inscnent man-
ner to intuit Mr. Annesley.

Who did?— The coachman,-— Calling him
Shoe- Mack, shoe-boy; when be found that
Mr. Annesley did not seem to take any notice
•f it, be repeated the insult, and at length
pointed out to him, There he is, the shoe-boy.

Whom did he point to, Sir ? — ^To Mr. Anbes-
ky, my kNnd.*-Though I thought this a very
great insolence, and scarce to be borne, yet I
would^ot resent it upon the fellow, as he was a
iervant; hot thought it more advisable to
complain to lord Angleoea, to the noble peer his
Blaster, and expectd proper redress from him.
Accordingly I went to look for him, and it was
iome time before 1 found biro. At length 1
was told that he was at the winning-post, m the
middle of a great circle of genuemeb, and
ptliers, who had assembled there in relation to
some disputes that had happened about the
horses. 1 came qp in the civillest manner I
could, and said. My lord, I beg leave to speak
with your lordship aside ; I was unwilling to
expose the fad before the crowd, and for that
feason I caHed him aside, to acquaint him of it in
a proper manner ; whether he misapprehended
me or no, I can^t-tell ; but be replied. This is
no time nor place ; jou see 1 have no pistols
More me. i told him. For what I have, to say
to your k)rdship, every time and place is pro-
per ; I come only with a complaint against one
of your servants, who has insulted a gentle-
Inan ; aiid I should be glad to know, my lord,
whether it be by vour orders or approbation he
behaveth so, Mv lord asked me, who the
geatlemaa was that was. insulted. 1 pointed

out to Mr. Annesley, who stood behind out
of the circle, and out of the crrowd, and said.
That is the gentleman, my lord. To which,
he replied. He a gentleman ! a shoe -boy, by
God, a blackguard and a thief. One or two
who stood by tlie noble lord, upon that, said.
What, my lord, will von turn otF your servant
for that scoundrel f I have omitted something,
my lord, I beg pardon ; I likewise said, As
tlie affront was very public, it is proper the sa-
tisfaction should also be so, therefore— it is ex-
pected thatyou should strip you» servant, and
turn him off in the field.

[Bf r. Baron Moonteney here lets the jury
know what Mr. Mac Kercher bad hitherto
said ; and then says. Repeat that again, thai
the jury may hear, the very words.]

Mr. Mac Kercher. I said. That as the af-
front waa very public, that it was expected his
loitlship should give adequate satisfhction,
which was, that he should strip the servant of
his livery, and turn him off on the ground ; or
words to that effect/

Mr. Harward. Are you positive that you ex-
plained yourself in such a manner that be
could not mistake yon ?— 1 am satisfied I did.

Court, And after this it was some gentlemen
said, What, will you turn off your servant for
that scoundrel? — It was after this that some
gentlemen interfering, said that.

Mr. Jlfoc Manut, Do you know who said
that ?— 1 cannot be positive, but 1 think it wa»
the same person that struck me afterwards ; I
think it was Francis Annesley.

Are you sure it was he?— 1 sav. Sir, I can-
not be positive. Lord Anglesea then said, No^
by G— d, I won't ; and you are a villain, «
scoundrel, and a thief; and a great deal
more of the like decent sort of language be
gave me.

Court. Whom did my lord AppljT to when be
said that ?— «To me, You are a villain, a scoun-
drel, and a thief; as near as I can recollect,
those are the very words. With that I believ«|
1 might say, in return. That his lordship lied,
and that he durst "hot single himself out and
tell me so. Whereupon five or six .persons,
whom I don't know (but Mr. Jans waa one of
them) called out. My lord, you shan't go fight
such a scoundrel ; here are abimdance of peo-
ple to go out with him. My lord, 1 don't kiio«i^
whether it was precisely at that point of tima
or not, when a gentleman came and struck mm
on the head ; but I think it was. '

Mr. Mac Munut. Who was that gentleman?
—It was Mr. Francis Annesley, of Ballysax. .

Do you see him in court ?-— That is the gen •
tleman.

Court, With what did he strike yon?—
With the butt end of a whip ; which strokn
occasioned a contusion; and there was a
little bit of the skin broke, which occasioned a
bleeding.

What further passed. Sir ?— I returned the
blow, my lord, with the lash end of my whip.*
I had a case of pistols before me, but would
not make use of them in the crowd, lliea

S09]

Jwrtm Assa$dL

lOTd Aofiem fiodiBf biawilf to wM wp*
portod, nked bioMett op io bit ttinropt, m-
eotied tba popolaoe, amf all Uwc were pmeot
tbcfe^ and poured oul • great deal of aQunriloos
Um^^mge afEaioet Mr. ilootelf j.

Go GO, Sin— Deelared» That be wta not hit
kmbcr'B lawful aob, but a baetard of Ju^y
Laiidy'a,aiid a eboe- black. Wbcn I perceived
lord Aoglewa attended by io great a crowd,
wbo seeoed all to tide witn biro, I began to be
apprebeosive that tbere might be loaio danger
of a dongn againet Sir. Annealev, and tbei»on
I called to Mr. Gooetry and Mr. Kennedy, wbo
were two of our company, to come away. I
nyaelf turned about my horse immedMtely,
aod went in quest of Mr. Annesley. 1 bad no
•oooer turned my borse, but I beard lord Ad-
gleeea (fiir 1 know his touw ?ery well) call out
distinetiy, Tbere is ^ of the Tillains, knook^
bimdowa.

Mr* 3lec Mmnu, Did yoo see my lord An-
glesea when he said so?— I did not; but 1
know bis ? oice perfectly well.

Are yon positi? o^ou know bis voice T^^l am
positiv.e I know his voice, if one voice can be
dastiittoisbed from another.

What were the words?— Tbere la one of the
villains, knock hiqi down*

Did yoo hear bim name any person's name f
— *I heard him name Mr. Giooftry, and say,
thai That Goostry is one of tbe greateet villains,
knock bim down. And I apprehend that it
was then that Mr. Goostry was struck, tboogh
1 did not SOS it. 1 wenvin i|Qestof Mr. An-
nesley^ and when I found him carried htm a
little asido from tbe crowd. We had not been
tbere half a mioute« when one of my servants
nod a gendemsn or two, stcanprs ta me, came
up to us, and with great emotion and concern
said. For God's sake gat away, get yon gone
ms fast as you csn, there itams^ tomorder
yoo all.

Who were they that said so ?— There was a
groom belonging to us ; but I don't know the
others.

Mr. Btggi. Was it tbe groom er tbe gentle-
men that deatred you to get away P-The groom
caose first* and desired us to gooffs I did not
give credit to what he said, being rssolvcd to
wait there till our company joined us ; but
immediately tbere came up two gentlemen,
and said. For God's sake, gemfenien, get
away as fast as you can, for there is a design to
moraer you. '

Coon. Who was with yoo at this time f—
Mr. Annesley only ,— Tbe two gentlemen varied
in tbeir expression a |ittle ; m the one said.
Gooff, for there is a design to murder Mr. An-
oesley and yoo ; and tbe other said, For God's
mk» go off, rar voo will all be mordered. Upon
whieli 1 desired Mr. Annesley to put spurs to
his hene, and wo galloped away at a gentle
caster. We had not gone above 60 or. 60
yaida, when we peroeived people moving after
OB, which made us whip and spur our horses ;
but Mr. Annesley was mounted on a borse that
tel more speed than mine, and be made a

VOL, XVIII.

A. D. 1744^ [2rt

great deal of way before me. Tbere was a
gentleman pawing by, one Mr. Hacket,
ttioonted upon a good borse, and 1 desired him
to keep chMo to Mr. Annesley. After we bad
pa«sed over the sod, tbe Curragh grouod, and
bad entered into the road, a lane leading to
Newbridge, a good way up tbe lane, tbere I
found Mr. Annesley lying in a ditch.

Wberebdnts was that?— A good way up the
lane, leading from tbe Curragb to Newbridge,
apeecbless and senseless, and as 1 imagined
dead, my tord. 1 found him with seven!
people about him, to tbe nomber of nine or ten.

Do yoo know these persons ?— Why realty
there are two that I can now jeoollect ; one
Mr. Arcbbold, quite a stranger to me at that
time ; and a gentleman, who ui an attorney
in Dublin, I think bis name is Reravan, or
Gochnn.

Go on, Sir, if yoo please.— Tbere was a sor*
geon called for.

Do yoo know who the soigeon was ? — ^That
gentleman, Mr. Hacket, wbo I had spoke to,
and who bad passed me. I don't know whe-
ther be had lanceta himself, or borrowed lan-
cets, but bo attempted to bleed Mr. Annealey,
and be couhl get no blood. In this cooditioii
Mr. Annesley continued for about three quar*
ten of an hour, to tbe best of my judgment ;
and tbere being no carriage, nor be able to get
on horseback, I rode directly to the inn, to
order the ooach which had braoght us from
Dublin ; but before tbe coach was ready, ho
was brought to the door of tbe inn in a chaise.
I don't know whether I ought to go any fur-
ther, or to relate what passed the next day.
which had still a darker and more wicked
complexion.

durt. Goon, Sir.

Mr. Aforgea. I hope your lordship will
think, that as these indictments are indictments
for assaults committed upon tbe 16th of Sep-
tember, any thing that happened after that day
is not proper to m given in evidence, and more
es|lBoially as tb^ are not laid with a * Gonti-
nuando,' and therefore submit it to you, wbo-
ther it should not be given in diieotion totbo
gentlemen of the other side not to travel Into
tbe trenaactiona of any snbseqtient day. I
think every fact before that day relative to tbo
fact laid in the indictmenta is pro^ to so to
tbe jury ; but any distinct transactions of tho
following day, no way relative to ouch iact,
are toot proper to go to them, and therefore
ought not to be admitted as evidence, and more
espedaUy as tbe traversers can't be snpposed
to be prepared in any defence thereto, nol
beift^ charged with anything hot what was
nrevioos to tho ]7tb. I apfirehend that Mr.
Mao Kercber is just about giving an account
of what happened on tbe 17tb, wnich I con*
oeive ia no wav mattrial or relative to these in-
dictments, and therefore hope that the erideaco
only that be can give to tno very facta teid in
the indictments wiU be admitted, and looked
upon aa proper evidence, and no other per-
mitted by your lordship to go before tbe juryi
P

SIl]

18 GEORGE II. Trial qfthe EaH ofAngUsea and others^ [Sit

Courf . 1 hope *yoii wont mmeoeMirilv Iom
time about matteri that are oMoos, umi need
no debate. To be eure, any thing not relative
to the fiMst ii improper to be ipven in eridence,
or to come into the eonrideration of the jury ;
but any thin^ relattre to the fact, which can
lielp to explain it, whether before or after it
happened, ia extremely material forthecon-
aideratbn of the court and the jury. Tbia case,
or caaea of the like nature, 1 have heard orae-
tiaed a hundred and a hundred timet; fori did,
for three or ionr }eara together, constantly
attend in a place where aaeh caaea at this were
carried on, and I firand it aiwaya the practice
lor every thin}? tending to shew and explain the
ftct, whether it happened before or afler the
committal of it, to be allowed as proper evi-
dence.

Mr. Spring. My lord, I own it is very pro*
per for every thing to be given in evidence re-
lative to the fcbt ; but notnii^ can relate to, or
be the occasion w this fact, but what happened
belbre it was committed ; tad therefore it is
highly improper to take in any supplemental
transaotioB or the followinff day, no way rela-
tive to the fact lor which toe traveiiera atand
indicted, and which can only serve to faiflame
the minds of people. 1 think it enonj^h for us
to have prepared ouraelvea for any actiooa that
happened before the l^th, and not be called
upon to aaswier for any thing that occurred after
indictnients were laid, and no way relative to
it. This has been the constant practice, and I
think it to be as clear as any thinff in the whole
conne of the proceediogi of the law.

The Counsel for the Traversers were over-
ruled in their objection.

Mk MtUone, I desire, since Mr. Mac
Kercher is permitted to proceed, that he may
be confined to the transactiona of the next day,
which are relative to the fact only.

Omri. I shall take care to Confine him to
•nch evidence aa ia proper. Go on. Sir.

Mr. Mac Ktreher. We went early to bed,
with a design to get op in the morning betioMs,
and return to Dublin; but before we could
get out of our beds in the nomiog, we were
alarmed by the landlord of the hooae and hb
aervants, who acquainted ua, that the ways
were beset all round the house With a great
number of people with all sorts of weapons;
jand that he apprehended it was with a wicked
design against the life of Mr. Annesley, and
tiie other gentlemen; that acme of them,
he knew, bJonged to lord Angleseai and others
to Mr. Francis Annialey. .
. Cour^. * What was that man's name?-«^
Burchell. We got out of our beds, and ex-
pectiiy the worst, put ourselves m a posture
of defence.

Go en. Sir.— TMs alarmed us a good deal,
mv lord, and we got out of bed, and put our-
aelvea ia a posture of defence. The eame ad •
?icea were repeated over and over again to us.

By the sanMs persons, or by others r^^fiy the
same and other persona. Several gentlemen

that lodged in the same house that night, who
were not of our company, were very much
alarmed, got their horses, and rode away.

l>o you know who they were? — 1 don't
know, my lord: Mr. Hacket and one Mr.
Carrick stayed ; perhapa they can givO you
some account of them. We were likewise told,
before we could venture down stairs, that the
passage was occupied by thi^, four, or more
of lord Anglesea's people, armed in a very ex-
traordinary manner.

From whom bad yon that information P^-^
From thejandlord, (wm Burchell. My lord^
as our company waa not very numerous, and
conaequently not able to defend ouraelvea long
against such a multitude, we fell upon a atra-
tagem, which was, to make the landlord
whisper amongthem. That we expected a troop
of horse from Dublin. In a sliort time after he
acquainted us, that he had whiapered it about,
and he believed it would have the desired
efiect, for some of them were frightened. I
then ventured ^wn stairs ; I no sooner came
down^ hot 1 waa seized upon by one Michael
Lacy (attended by a constable), who is a prin*
dpai agent of lord Anglesea's, as I am in-
formed. I naked the conatable at whose in-
stance I was arrested ; Lacy answered me, it
was at my lord Angleaea's, and produced a
warrant from one Mr. Benjamin Fish, a justice
of peace of that part of the country. I told
La^, that my kird Angleaea had no occaawn
to fcMring all tnia crowd together with arms to
seize upon gentlemen, who were always ready
to submit to the king's orders wherever they
appeared, unless he had acme wicked design to
execute under that colour. However, 1 de^
sired him to jvalk up stairs, that I would follow
him, and give bail.

What waa the warrant for r— For an assault.
Lord An^esea bad sworn exsminationa against
me, Mr. uoostry and Mr. Kennedy, for an aa-
aauit the preceding day upon the Curragb,
wherem he had sworn that be was in fear and
danger of his life, as I waa told.

Go on, Sir.— La^ walked up stairs, and I
ahewed him Mr. Ciooatry and Mr. Kennedy*
tiie other gmidemen that were chaiged with
the Mttolt ; they likewiae submitted. We
breakfosted, and ordered the coacl^to be got
ready to carry us before a joatice of peace, to
give ban ; they struggled hard to liave us go
back towarda the Curragh to give bail ;. but we
toki them, tfiat aa we were going forward to
Dublin, it waa more reasonaUe we should give
bail to a justice on the way ; in which we pre-
vailed, and went into the coach J

Who went into the coach?— •Mr. Kenfedy,
and I, and Mr. Carrick, one of the ffentlemeii
that waa to be our bail. We would not ao
much as carry a aword, nr any sort of weapon,
aa we looked upon ourselves to be in the condi-
tion of priaonera, and respected the laws. Mr.
Annesley rode with pistols, as he waa not
charged with any assault; Mr. Gooetrv, the
aervanta, and Mr. Hacket, itNle along with him.
We had not gone for from Newbridge, in our

2iSJ-

Joran AmuA.

A. D. 1744.

[214

way towards NaMt when the ooacb was stop- I
ed, aud Mr. Goostry came up and alarmed ua.

Who atopped the ooach r — Mr. Gooatrv ;
and told ua, that there was a man there that
was gaping to shoot Mr. Aonesley, aod de-
aired we would take him into the coach. I Ibr-
g^t to acquaint your lordship, that Lacy fol-
wed us likewise, armed witli pistols.

Oo horseback? — Oo horseback.

Go 0D9 Sir.— When we were about half-
way, we were met by seferal people from
Naas, who had beeu informed of oar danger,
and came to our assistance ; aod in this order
we went to MaaS| with all this crowd atteo^^iog
us.

.flow many met you from Naas F— There
were, I believe, about fourteen or fifteen peo*
jde.' We sent for the magistrate of the pwoe,
one Mr. Bonner (who ia now here in this town),
told him what had happened, aod desired that
one Angus Byrne, who at that time called
himself a serrant to lord Anglesea, and carried
a rifled barrdled piece, might be ejmmined for
wbai purpose he earned it. Before the ma-
gistrate would proceed lo examimtion, he
woohl aee whether the piece was loaded or not.
It was a screw barrel ; the barrel waa un-
screwed in the presence of the magistrate, as I
was told by Mr. Backet and Mr. Carrick, who
unscrewed it, and they extracted eight bullets.
Then Angus Byrne was called into the room,
where there were nine or ten gentlemen pre-
sent, and examined. He was asked. Whose
gan that was f He answered. It ia my lord
Anglesea's. What were you to do witn this,
gun ? I waa desired to pursue Mr. Lacy's di-
rections. What diredtioos had Mr. Lacy?
To that he answered in general, In case there
had been a rescue ; wiAout explaining him-
self any further. Then he was asked, In case
of a rescue, what was he to do with this gun,
loaded aa it waa with eight bullets ? Lacy upon
that came up, and told him, Sir, answer no
more questions, you are not obliged to answer.
Then Lacy, pretending to be lord Anglesea*s
•errant, and claiming the gun as lord Angle-
sea**, the gun (indeiHl contrary to my opinion)
waa delivered to him by the advice of another
gentleman who was present. Mr. Bonner, not
thinkinff himself sufficiently authorised to
take bail in a caae of so high a nature where a
peer vras ccmoemed, refemd us to Mr. John
Bourke, a gentleman in that neighbourhood ;
from whence, after bail given, we proceeded
to Dublm. I have narrated the principal
facta, aa near as I could recollect them, my
lord, and have nothing further that ia material.

Mr. Harward, Mr. Mac &ercher, if I don't
mistalie it, you have mentioned that you were
apprehensive, I think, upon the information of
n servant, aiid. two gentlemen that yon don't
know, who came up to yon upon the Curragh,
to tell yoQ to get away as wol as you could,
that yon might be killed ; — yon sa^, you were
apprehensive that, you aiid your friends there
woold he mmrderad ; what 1 desire is this, that
jyin wSl attiify tb« Court and the joryi what

your reasons were for apprehending there was
that design ?— Why resUy, Sir, I bad several *
intimations k»ng before that time, of brd An«'
glesea's designs, of whiob I conld give many
mfUnces, were It proper, on this occasion;
and I saw him that dav supported by a great
number of people, who bore no agreeable^
countenances }o Mr. Annesley, or any of our
company ; these I thought grounds sufficient
for my apprehensions.

You g^ye an acoonnt of a rifled-barrelled gm
the next day; were there any other arms
when those people came to apprehend you, and
who had them f—Yes, Sir, I perceived one *
man, that belonged to lord Anglesea, with a
pistol on each w& of hll breast. He was one
of his servants, as I perceived by the livery.
[Cross-examination. ]
' Mr. Spring. You were jileased to say, thai •
on the 14th, the fhat day of the Curragh raoea,
you were insulted by lord Anglesea?

Mr. Jlloc Kercher, Yes.

Did not you go the first day attended by a
great nnmber of gentlemen and servants, all
armed? The first dav, Sir? — I believe there.;
were about three of tne gentlemen armed, and
two servants.

Were they armed with pistols and. back*,
swords, or with pistols, blunderbusses, and car-
bines?— I can*t recollect whether these were
anyUunderbusa, or not.

Were the servants armed ?•— They were, and
always were when we travelled in England, as ^
well as there.

Is it tlie custom to go to racea armed ?-~^I
don't know that it is the custom. Any gen*
tleman that pleases may carry arms, if he will ;
I have known it the custom^ in Scotland for
gentlemen to ride with furniture and pistols ;
and I saw some at the Curragh that day.

Is It the custom in BngUnd or Ireland ? — I
believe not of late the general UMge ; but any
body may, if they please, ride in furniture. .

You said juat now. Sir, that you were in-
sulted the first day ?-«-I did so.

Can you take upon you to say, that It was
lord Ao||;lesea called out, and gave you the
opprobnous language you roeiitioned ?— I caa
take it upon me positively to say it waa hc^
because I saw him and (leard him.

Yon saw him and heard him ?-— I did*

Pray, Sir, had not you reason from thenoa
to conclude, that if you went thither, you
ahonid meet with the same treatment the next
day?— I own, I might have reason from lord
Anglesea's behaviour, and atteinpts before thai,
time, to apprehend eveiy thing that-a evil;
and it waa ror that reason that we always went .
very well armed.

Yon went therefore apprehensive of ill treat- .
ment ?— No, Sir, I did not aay I waa appro*
henaive of ill treatment there more than at
any other place, because 1 looked upon us not
only to be under the protection of the law, but
also securer, where all the centlemeu of a
country were assembled, who would nol
I suffer ua to be iBiulted*

215]

18 •GEORGE II. Trial of the Earl 6fAngkiea and othertf \i\%

B«t I would know, bai not yoo TCMIn to
expect the like treaMnent agsin? — I bed all
the MftBon ID the world to expect it from lord
Angrleiea ; bst was delci mined to keep out of
bis way, if possible.

Yoo U recollect the preparations yon made
the night beforoi fbr any possible event that
might happen ?-^We made no extraordinary
pmoarations.

Were there no fresh obargings r->*We al-
ways chaigeour eaibioes, if we lia?e any, and
pistols er^y morning, when we ride.

Were not yonr serrants* bhrndeibosses
charged ? — I know not that they had any.

Pnijr, Sir, recollect t|f e diredtiotts yon gare
for imir hMding thehr arms.«-^y yonr en-
snaring qnestion, yoo seem to take lor granted
that 1 gare particniar dhrections; but I gave
nojsarCMnriar directioos.

DM yon gnf« any general directions? — ^I
•Iways gave gemial directions fbrbaTingonr
arms^ loaded, and in good order, erety
msmiDg.

>Did any of yonr company load any of those
ame? — I do not recollect that they oid.

• Did vol yen load some of those arms your-
self?— 1 loaded none; I leave that to the ser-
fsnts to be done every morning.

•What! to toad every morning ?-~Not to
l«d, bat prime ; to'see Jbat the arms are tight,
and in good order.

Y^u say, that Friday yon met my lord An-
glsMsa's coachman ; explain, did he drive
round yon, or at you ?— He made several
pushes at^ ns direcd^, so that if we had not
avoided him, he must have run over os, and
b&ve done os mischief. He made several
plishes St our company within the rails, which
obliged 08, in onfer to avoid him, to go without
the rails ; and he followed us without the rails,'
and made several pushes at us there also.

How far was lord Anglesea from this place ?
— 1 do not know where he was at that time.
I-went hi quest of him afterwards, and was a
good while before I conld And him, and m the
ebd found him at the winning-post.

How fkt was that from the place where yOn
were niBolted by the coachman ? — fie punned
usall over the pibce.

What place ?~-Tbe place where the com-
pany resort, b;^ the winning-post ^ the other
side of the winning-post frem Burcheirs.

But he could not drive at you, without
driying at others at the same t]me?-He drove
at our company directly, and followed us when
we avoided him.

You looked upon this treatment as an affront,
und witbout question resented it in such a
manner as men of honour would, not on the
servant, but on the master, and went to look
for lord Anglesea, to get satisfaction in the way
usual among men of honour ?— Quite the con-
trary, Sir; I went with a resolution to keep
the peace.

Had yon no. directions from Mr. Annesley
logo to eaU loid ^lesea to 9ccottotr«-| ba4

Then you did it of your own bead, I sup-
pose.'—1 did.

J say, you went to find out bwd Angtenea
either by directwns, or of yonr own bead f^^lf
you wifl let me know your meaning, if you
will speak so as to be understood, I shall give,
yoo an adequate answer. *

Did you go up to lord Anglesea of yoursdff
— J went of myself. Sir.

Did not you know that my lord Anglesea
bad not only at that time uiststed that Mr.
Annesley was the bastard son of Sufgj
Landy, but knew your emnd into this king*
dom /—What if 1 did ? what ia that to the
present purnose?

Answer tne question, 8ir ; did not yon be-
*lievethat?— I heard he had; 1 belieyedit.

Could yon, Sh*, then expect from lord Aufffe*-
aeain reason, any kmd of apology, or satimc-
tion, or correction of bia servant, for saying of
Mr. Anueslf y what lord Anglesea bimseli al-
ways insisted be was?— I did, and ought to
have enected it ; and much more in the case
of Mr. Annesley than of any other, if my lord
Anglesea bad acted property.

You were his crhampfon, I suppose, und
must baye satiHrfaction^fbr the affhint done
him ?•*— I did not turn champion for him ; n
man turns champion for another that goes to
figbt bisbatHes ; l did not go lor that purpose,
but in order to avoid a brepch of the ocace.

Could you expect that lord Angusea coutd
submit to turning off his servsnt for ssyiog
that, that he himself hadssid to all tb^ worid f
— I have repeated it two or three times, thM L.
did, and bad reason to expect it, if lord Angle-
sea had acted as a reasonable man, and'a man
of honour.

But you knew lord Anglesea said he was
the son of a kitchen-maid, could you then ex-
pect from him, consistently with his constant
and repeated declarations, that lord Anglesea
should strip his coachman fbr an aflWmtOTefed
to such a person ?— What lord Anglesea said
proves notning, nor is it any way pertinent to
the present purpose. I tbongbt it not only
consistent, but what lord Anglesea of all men in
the worid should have done. Nor did what
lord Anglesea thought or said, give his servant
or himself a right to insult Mr. Annesley in so
public a manner.

Did you imagine it reasonable for any person -
to strip bis coachman at such a thne and place,
and turn him out of his box ?•— I looked upon it
to be as gentle a chastisement ar the nature of
tBe case admitteS of.

Must my lord Anglesea have driven bis
coach home bimidf ?— I saw lord Anglesea on
honeback.

Was not your Intention, fn case he refbsed,
to tell him he must fight Mr. Annesley or you?
—Mo really ; I had no such intention.

Was it not to provoke him to a qoarrd ?— I
do say it was not.

Yet you ex{ftected, when you went to make n
demand of this kind, that he would have com-
plied with this request of |uof's?^If I bad

217]

fiir m Auottk.

A. D. 1744.

[218

been oftbatdispo^itioiii I aboald have done it
tliefimtday.

Yo« oieotioiied tbe words * {niMie tatinftc^
tMNi ;' bad yun no otber view thm to receif e it
by bb itrip|MD|p bis servaot ?— Sir, I have told
you three or four times 1 bad not.

Did iiot yott strike my lord Anglesea^ that
day ?---l did Mt.

Did not you break bis bead, Sir P— T did not,
Sir ; 1 bevd lord Aogletea swore I did.

Did yen see any My else strike him ?'— I
did not ; nor do 1 bebere be was stradL that

Did not TOO eome up ia a Tery violent man •
ncr, and mroe yoor way throngb a crowd to
eoDse at himP— I beMere I migbt, I believe I
did press through the crowd*

Did not yoq apprehend that hnd Angleaea
khew you you were die friend of &fr. Anaes-
ley ?^I am persnaded be did.

Did yoQ not, upon some conversaiioo be-
tween lord Anglesea and you, raise your band ?
— Wbjr really I do not know whether I did or
not ; ror it is prettv common and habitual with
me when 1 speaK to raise my hand in this

And yon Jo not know whether it was raised
or not? — I believe there is no man that is
obliged to stand like a statoe when he speaks.

Did not TOO say that James Annesley was
earl of Andesea, and vSti an impostor P— 1 did
^not name the earl of Anglesea that day.

You did not tell him that he was an impos-
tor T — I did not«

. Did you turn your whip in jronr hand T — I
do oot know how I held my whip.

1 ask ^0, ^r, whether during that conver-
sation with lord Anglesea, whether with or
withont provoeatkm, yon did not tell him that
be was an impostor? — I now recollect ; 1 re-
member very well, when he called Mr. Annes-
ley a shoe-black, a bastardy and a thief ; I told
him, he lied, he was no bastard, he was the
lawful son of lord Altham, that before two
months went about, it would appear to the
world to be so ; and in that I have the satisfac-
tion to diink 1 spoke prophetically.

Mr. Sjtring. Yon are somewhat too early, yoh
must watt further for the completion of your
prophecy. — A. Aud you, Sir, are too hasty in
tornning conclusions.

Pmay, Sir, von remember the next day to
have seen Michael Lacv f — Yes, Sir.

Did not yott thank that LAcy for his civility
to yon f — Why reallv 1 believe I did ; J believe
1 might thaok him ror executing the warrant
peaceably, for I was persuaded, from the ap-
caratus I saw there, bis orders were otherwise ;
but even in that I cannot help saying that 1
was obliged to temporize so far.

Did not you thank him at Naas ?— No, not
at all, it was at BurcbelPs, for putting the war*
rant in execution as be did peaceably, for we
expected worse usage.

Do^oo recollect that you desired my lord to
tnm awde with yon P— -I believe it was tbe first
Word I said to hun.

I Did net you sajr sftcr, that be dared not P^
After he had called me a scoundrel, a thief, and
villain, I told him, he lied, and he durst not (or
the soul of him single himself ont and teU
roe so.

Was not that before you were stra<fk, Sir f— i
I believe it was before. ^ I Qinnot well remem*
her, but I think it was. ^

In- what manner was lord Anglesea armed P
What arms had he ?— I saw none about kink

Did not you see bis pistols P— I saw none.

How was Mr. Francis Annesley armed ? — I
did not observe him so particolarl v ; I know hn
was armed with a whip, whida I felt the
weight of.

Did von see ^y of Idrd Anglesea's company
armed P— I saw some people armed that wwe
of his side, that were about nim, and who seem-
ed to take part with him.

Are Tou sore they were of his company P— I
concluded the^ wet«, as most of them seemed
to siile with bim.

You mentioned somethinc; you apprehended
from their codntenances that you withdrew
yourself fVom thence, from mischief; de»
scribe those terrible ihces f — By then' coun-
tenances, 1 apprehended some miKbief might
happen ; but 1 am not so good a painter as to
bumoui^ yon in drawing the attitudea fhey
were in.

Who were the persons who pursued Mr.
Annesley and yon r— I can't tell you partiou-
lariy who they were, being a stranger ; I know
there were a great many.

Did you snow none of th^mP— Tbei«
were two gentlemen 1 knew, whose names I
am sorry you force me to mention, for 1 did
not intend it, sir Kitdare xBorrowes and Mr,
Warren that pursued Mr. Annesley.

Don't you believe that they pursued out of
curiosity r—1 don't know their intent; but I
know I was treated rudely by one of them.

Well ! but jrou can't point out any of lord
Anglesea'sretinue.or servants that pursued yoa
at thbtimeP^I can't, except Mr. Jans; he
was one of the company ; I was a stranger, and
did not know the rest.

Was he one of the pursuers f— I don't know ;
I ^did not observe bind ; he might be there for
aught I know.

Did yon observe Mr. Lacy there f— I did
not observe him, yet he might be there for
what 1 know.

But you condoded they were bis people,
because ih^j pursued you P — I concluded so,
and do so sull.

Mr. Archbold too, I suppose, was one of the
pursuers P-— I don't know whether be was, or
not. I found him where Mr. Annesley lay,
and he might, for aught I know, have none
the contrary way, frpm Newbridge.

When you came up to where Sir. Anuealej
was, you found some people attending him,
did anv body strike bimP— 1 did not see any
strike bim, nor would 1 tamely have seen it.

Did you see any servant ot lord Anglesea't
io livery there P«-l did not see any of

9191

18 GEORGE II. Trial ofthe^ Earl ^Angksea and others, [620

livery there, but 1 haTebeeo told eiaee they
were tbere.

You know Angus Byrne? — I do.

How long have you been acquainted with
bim ?— I bare been acquainted with him erer
since that affair of the Curragb happened.

Did net you invite bim into your service ?—
I did not.

And be is not your servant ? — He is not.

Was not be in Eogkmd with you ?— He was
in England, but not a servant.

How did be live there ?— He lived upon my
bountv tbere, but not a servant.

DiJ not yon invite bim into England F— I
never intited bim there, but received nim when
he came. •

Did not you bring him over again ? — I did.

Did not you give him some advice about
submitting to these indictments ? — I did uot

Did be never complain to you that lord An-
glesea had used bim ill? — He never did.

Did not he tell you that lord Aoglesea bad
sent him to gaol? — He did not; he only told
me that lord Angleseaowed him his wages.

Had you ever Angus Byrne at your bouse
on College-green ?— -Yes, Sir, since we came
last into this kingdom.

fle was there ?--He was.

Did you never threaten to send him to gaol,
if he did not do as he was directed ? — I gave
hin^ no directions ; bntdid at first, immediately
sffter the assault, and before be made his decla-
ration, threaten to send bim to gaol.

What do vou mean by his declaration ? — A
dedar&tion that be made in Dublin, when he
first turned evidence for the crown.
' Did you take any declaration in writing
from him ? — I did not.

* Did you know whether Mr. Livingstone did
or not ?— I do not know.

Did he take down in writing^ in your pre*
sence, any thing this man bad to swear r — I
do not know that he did.

Do not you believe he did ?— I cannot frame
any belief about it.

Is Mr. Livingstone an agent of Mr. Annes-
ley's? — He is a friend of his, but no agent.

Is he not an assistant in bis affairs? — He
has a share of the trouble of his affairs.

Did not be take in writing what that man
bad to say? Recollect— I caJknot recollect
he did.

Were these people, that you call servants of
lord Attglesea, that surrounded the house, in
the livery or not ? — I understood Lacy to be
his servant and chief agent, but I saw none
in bis livery, save one.

Did you see any in his livery on the Cur*
ragb ?— I saw one ui a livery, that I took to be
his livery.

Did Burcbell tell you that any of Mr.
Francis Aonesley's servants were at the inn in
arms ? — I do not recollect whether they were
servants or oot, he said his people were in and
about it.

Cottrt, Is it your belief or opinion, that if
you bad Dot made the application to tord An-

glesea, whether this pursuit, and every thing
that happened after, would btfve happened ?—
I could then frame no judgment about it, my
lord ; I have since, indeed, in my own mind,
from what 1 have seen, been thoroughly per-
suaded that something of that nature would
have happened; and that the provocations
given us, were intended on set purpose to draw ,
us in.

You are asked to your present opinion ?—
I am of opinion now that it would have bap*
pened some way or other, I was not then.

Mr. Spring concludes from thence that Mr.
Mac Kercber solicited it.

Court, The jury desire to -know whether
your pistols, when you were upon the Gurragh,
were charged and primed, or not?— I believe
they were.

Whether when yon and my lord were dis-
coursing together you put your hand to vour
pistols?-^! do oot remember I did, and i am
positive I did not.

Hugh Kennedy^ esq. sworn.

Mr. CalUtghan. Where were you upon the
16th of September last ?— Mr. Kennedy. Upon
the Curragh of Kildare.

Inform the Court and the jury of the trans-
actions of that dav ; tell what happened to Mr.
Annesley, Mr. Mac Kercber, and yourself. —
When we came first upon the Curragh, « we
were told there was a rising ground upon the
other side of the fidd, from wbicb we might
better see the diversion ; aceoMingly we made
towards it ; in our way we were insulted by
the coachman of mv lord. Anglesea, who drove *
at us, pointing to Mr. Annesley, and calling
him Shoe-black. Mr. Mac Kercber perceived
bim sooner tban I did ; he asked me if I bad
seen him? 1 told him I bad. Immediately
after that we perceived him making up to us
with his coach, which he drove again at us,
and repeated it several times^ Perceiving he
continued still to drive at us, Mr. Mac Kereber
then said, he would see where lord Anglesea
was, to complain of the abuse of bis coach-
man: accoidingly, we went in search of him,
and were for some time before we could find
bim. We found bim at the winning-post,
where Mr. Mac Kercber went up, and in the
mikiest manner possible told him, he wanted
to speak to his lonlship. All the trords they
bad together I cannot distinctly repeat ; but
thus much I beard, that when Mr. Mac Ker-
cher told him he wanted to speak to bim, he .
said. It was not a proper place. Mr. Mac
iKercber told him, Evecy place was proper
for what he bad to say to his lordship, which
was to complain of the insolence of bis coach-
man, and to desire he would give satisfaction
for the affront he had given a gentleman oa
the field. Lord Anglesea asked. What gen-
tleman was affronted? Mr. Mac Kerober
pointed to Mr. Anneslev, and told bim that
gentleman. Upon which words arose betweea
them, which 1 cannot distinctly repeat at this
time \ but in consequenoe of those words, sooa

S91]

fw an As80vlt»

A. D. 1744.

[9SS

ftAer I saw Bfr. Francit Anneslej of Ballyuz
■trike Mr. Mae Rercher orer the hetd, to that
the Mood came. Lord Anglesea qaickly after
that happened, raised bimieir in nis attrrupt,
and made oae of the language already repeated.
That Mr. Aanesley waa not his brother's
lawful son, but the liastard of Joggy Landy, a
aboe-black, and to that effect. Soon after
which Mr. Mae Kercher desired Mr. Goostry
and iDe to retire ; as soon as we heard him
desire that, we turned our horses to folkiw him.
Immediately on the turn of my horse, lord
Anglesea struck me a fiolent blow on the
head, so as to stun me.

Omri. With what?— With the handle of
whip, my lonl.

During what part of the transaction was

lis? — Immediately after the lani^uage that
passed between him and Mr. Mac Kercher.

Did be say any thing before be struck you f
— I beliere he might say, •< There is one of the
▼illains."

Did he name anv roanf — I beliere Mr.
Goostry, There is that ? illain Goostry, or to
that effect.

Waa It at the same time that he struck jrou
that he said those words ? — A very short time
before I was struck he said those words.

iDescribe the sti^ke you got. — The stroke I
got was on the bock part ofmy head with the
butt end of bis whip.

Did it do you anv hurt ? — It stunned me to
that degree that I almost fell upon my horse's
Deck.

. What was the consequence of that stroke ? —
There was a Tery great effusion of blood fol-
lowed.

What 'ensued upon that ?— Immediately
after that blow, it was followed by a number
roore/rom other people which knocked me
down oo my horae, so that I should have fallen
to the ground, if 1 had not been supported by
the people on each side of me.

Who gafe those blows? — I cannot tell, my
lord, 1 was knocked down, in a good measure,
by the blow lord Anglesea gave me.

Mr. Callaghan, Tell what you remember
happened after you recovered yourwif. — As
aoon as I recovered and sat straight on my
horse again, lord Anglesea came from the com-
|»an J be was with, and atruck me seven or eight
times running orer the4ead.

Court. With what ?— With his whip.

Which end of his whip ? — It was the kish
end the last time he struck, but he repeated bis
blows so long that the people cried out Shame,
saying, Tb a shame to abuse a gentleman so,
or to that effect ; and aoon after that be had
done, and I rode off the and.

Mr. CaHaghan. Was there any conrersation
between my lord Anglesea and you before yon
got that stroke from him f — I nerer spoke to
lord Anclesea in my life. Sir.

Had he spoke to you before he gave yon the
blovr ?— I do not know that he did.

Did you gir>e him any prorocation to strike P
— »l gare hiin no provocation at all.

I think von said you saw Mr. Francis An-
nealey strike somebody ; who was it be struck f
— I did, I saw him stnke Mr. M*Kercher.

With what, Sir ?— With the butt end of hts
whip.

Was that stroke a moderate stroke, or given
with such violence as carried an intent of doing
mischief? — His forehead immediately swelled
pretty big, and a little blood came from it

^Betbre Mr. Annesley gare the stroke, did
you see Mr. M*Kercber giro him any proro-
cation to strike him T — I saw no prorocation
that Mr. M'Kercber gare, for I beliere he did
not speak to him at all.

Do you beliere that Mr. M'Rereher could
hare giren httu prorocation without your
seeing it P— I think not, for I waa pretty near
him, and most hiire obserred it, if any bad
been giren.

Tell what passed after the people cried
Shame, and you got off the sod. — My finger
was almost broke oy one of the blows, and^at
occasioned my whip to fall from my hand.

CourL Explain yourself, Sir.-*-immediatelv
after my k>rd Anglesea struck me, I waa struck
by a number of other people irhom I did not
know, and among them 1 got thia wound on
my finger, which oocanoned me to lose my
whin.

Mr. Callaghan, What became of you after
this?— As soon as 1 could, I rode down the
bill in quest of Mr. Annesley and Mr.
M*Kerober ; I found Mr. M*Rercher just by
I where Mr. Annesley lay ; 1 'did not atay to
speak to him, hot went on to Mr. Annesley,
whom I found fallen in the ditch, lying sense-
less, speechless, and pale.

Court. What number of people were about
him in the ditch ? — ^Ten or a dozen.

Did they appear to be friends, or any of the
people you apprehendeil he was in danger fromf
— I cannot say who they were, or what their
intention mij^ht be, I waa a atranger, and could
not distinguish.

Was it at that time in the power of anv body
to do him miachief ?— He had been so long m
tbe ditch when I came up, that they had got a
aurgeon to bleed him. '

But do you think it was in the power of those
people to hurt biro ? — I beliere they might if>
they had a mind, had not Mr. M<Reroher, and
others of Mr. Annesley 's friends come op. ^

Mr. M^Manut to Mr. Kennedy.

Mr. Rennedy, where did you leave Mr.
Goostry ?--I left him, I believe, upon tbe Cor-
ragh ; *I cannot say, 1 did not see him after 1 '
was struck.

Was he assaulted by any one ? — He wu
wounded at the instant of time I was.

Did you see any body strike him f — I cannot
say distinctly thn I did, but he wu wounded
afalout the same time.

After you took Mr. Annesley to Newbridge
that night,* did you observe any thing on the Sa-
turdayjafter?— Yes, we were alarmed ver} early
that morniog before we were up ; tbe landkird

889]

18 GEORGE II. Trial of the Eofi ofAngleMea and others^ [SM

woA Qdiei»o»iiuiigf to tell us thai tbt boiwe was
bsMt by a namber of ^ple, wbo, ihey laid,
they balieverf had evil ioteoliooa; upon which
we gol up, and did tha best wa coald to make
9ur defence in case they attacked us. This
coDtiaucii lor aane time, till at last Mr.
Si'Kercber weat donro stairi, to sea if what we
had beeo loM was true ; when he foood it ac«
cordtag to the ioforroatioDbe bad received from
the people of the house, that there was a»num-
ber of people armed about tbe bouse. Mr.
SI*Kercber returned very suddenly, and with
Lim one Laoy aud a constable, sod told as, that
there was an action brought against him at the
auit of lord Anglesea

Mr,^CalU§San. What do you mean by an
action P— A warrant eraoted by a justice of
peace. The person Uien fold me be bad the
aame against me and Mr. Goostry. What for,
Sir? weasiied him: He told us, on my lord
Auglesea's affidavit that he was assaulted by
IW, and put in iear of his life.

When Mn M^Kerober, and Lacy, and the
^enstable oame up with tbe warrant, what hap-
peued then P — Lacy told me and Mr. Goostry
that be bad a warrant against us.

And wba| did you do.upon thatP'— Wesub"
flitted dire^y. " Soon aller we bad break-
ftsted, we disarmed ourselves, and went into
tbe coach, and #ere carried to Naas.

Who went intp tbe coach ? — Mr.M^£eieher,
Hr. Carricki and myself.

Did Mr. Anoiesley go into the coach on the~
toad P—He did.

How came tbst? — Mr. Geoatry called out
to OS to take him iot tbr it was not safe for him
to be there.

Did Mr. Geeelry give any reason for his
aay iog that P — He gave it aa a reason for taking
him into the coach, that it waa not safe for him
to ride, for that one of thoee felkiwa was goiBg
to shoot him*

When you came to Naas, what happened
then P— We sent for the sovereign ot Naas
ta give m bail, and there this Mr. Lacy, who
Qsme akmg with ns, followed us into tbe room,
when this person that appeared' here, Byrne,
was questioned in regard to his gun. •

Whatkind of aguu waa it P-^be gun waa a
aprew-barreUed gon,auch as game-kNpers use.

Who qiMstkmed bim about itP-*He was
questioned by Mr, Mao &ercher what be was
to do with it. He answered, to follow Lacy 's
directiens ; and soon after Lacy stopped him,
aiMl bid- him answer no move auestions.

Was that gun charged P-^Tbe gun was un«
•arewed beibre ua In the room» aud from it
taken eight bullets.

In veur preasaee ?•*— I waa prcaeat.
Did any body daim thai gun back again P—
Yea, air*

How many bnlleta weie there P— There were
eight, Sir, said by all the gentlemen in the
room* 1 did not count them, but 1 beliove
there waa that number.

By whom was the gup claimed ?•— By
XjMPy, ulord AiigleBea's.

Had Mr.Lacy any arms f— I cannot aay aa
to that ; I do net remember ; 1 think he had«

[Cross-examination.]

Wlr, Morgan. Pray, Sir, were you at tlua
Curragh the 14th of September?

Mr. Kennedy, I was, Sir,

Did yon see lord Anglesca there P— I did.

Was he in a coach, or on horse-back P— I
think he was in a tent.

On tbe 14th P— Yes, Sir.

KecoUect yourself whether you saw him m
a coach at any time that day P— I did not, to
the best of my memory.

Do yon know his coach P— I can't s^y I
did then.

Why then, how can you take upon you to
aay that the coach -and six which haunted yow
was hisP— I had particuUr reason to kuow it
then, from hearing from the coach* box the
man's insults to Mr. Annesle^.

On the 16tb you knew it, hot not an tb^
14th p.- 1 did. Sir.

Did you see lord Anglesea more than oncw
on the 14th P — But once.

Recollect whether you saw hhi coach driving
more-than once on the 14th P— 1 did not see it
more than once.

Now I ask you whether any violence, or at-
tempt of violence was made oa the 14th P«^
There was none that 1 was privy to.

How long, how many hours wereTon en tbe
Curragh ?«^I can't be precise as to the time.

Were you one hour iU-^Yes, Sir.

Were van twoP-.^Yes, 1 believe^ we were
there or thereabouts.

Where did you lie the night before the liHh^
on Tuesday nig|it7-^lu Dublin, Sir.

What hour diid you come to the Cum^h on
the l4thP— I can't call to mind exactly.

Where do you say you were the night be^
fore the I4tb P— We came from Dublin to tha
New^inn the 14th.

Did you'lle at the New-inn the night [before
you went to the Curragh P — We did not. ,

Did you inquire, or any of your friends in^^
quire, whether my lord Aoglesea was to be at
the Curragh or notP — I do not remember tha&
tbe question was put by any of us.

Did you converse with any body in relatioo
to his being at the Curragh P— I remember
none.

Had vou, at any time after, any cooTeiaation
about bimP — Yes, undoubtedly, having so
many remembraaces of him with our blow»
md broken heads.

Had you any particular conversation pf him-
between the 14th and 16th 7— We had not that
I remember.

Mr. Spring* Now, Sir,. I would ask you,
whether any body prevented Mr. Mao Kercber'et
going up to my kml Anglesea, when he oame
to the crowd where my lord stood P***! can't
say I saw any body prevent him.

Do you know one Chapman P— No really, I
don't.
How near were you to Mr. Blac Kercher-
1

f>5]

J6f ON Awnit,

A. 0. IIU.

[Bg«

when be IhuI $kt oosf emtion with m j lord
ADglesem? — Not so Ikr as I am now from you.

I ask yooy Sir, whether the words that passed
between them were not loud words P— They
were not loud 9f Mr. Mac Kercber's side, be-
caose his words were intended for nothings but
to be peaoeablcf and quiet ; the words beanie
loader afterwards ; lord Anglesea was paytioo-
larW loud endngh.

1 ask whether Mr. Mac Kercher did not
ehalleago my lord to figfbt ?-^-]VIr. Mac Ker-
cber's words I can't dbtlnetly repeat.

Well, but 1 ask whether be did not cbaUen^e
my lord to figfbtf— Aflerroany insults that Mr.
Mac Keroher bad met with, I, believe be might
■ay. That he dared not single himself oat, and
tell bim so. '

Bat did be not cballenes bim in direct
words?-— I do not apprehend he made use of
any words that iniported a cbaHenga to lord
Anijrlesea.

Yoosay you heard part of the words that
passed, did you hear Mr. 'Miic Kercher give
my lord the lye t»stbre be was struck?— I
really cannot say whether it was before or
aOer ; I rather lielieve it was before he was
struck. I cannot say positiTely, bat it was
after my lord had given nim abusive lansvage.

Yoa mentioned your going to Newbridge
after yoo had receiv^od your abuse? — 1 did, Sir.

Now I ask you, whether you saw any and
what nomber of. people ridiog to Newbdf^, as
if in pursuit of any body ?— When I came to
the pniee where Mr. Annesiey was lying, I saw
forty or fifty people, horse-men and foot, who
I suppose had pursued.

Dm Mr. Mae Kercher and you ride to the

eace wbcfc Mr. Annesiey lay, together?——
^edidnot.

How for distant might you be ? — I did not
tee Mr. Mac Kercher till I came up to where
Mr. Aonesley was, and the distance between
Mr. Mac Kercher and BIr. Aonesley was about
the length of this court, or better.

Did yoo see any and what number of people
pass by you that seemed to be in pursuit of any
body f — ^I cannot say ; a good many people rode
past, but I conM not tell with what mtent.

What did yoo apprehend they rode for ?— I
really do notltoow.

Now do you imagine they, or any of them,
were riding in pursuit of Mr. Annesiey ?— f do
not- know. I rather believe they were the pur-
anera, otherwise what should make them go
after bim ?

You said at first that yoo saw some forty
or fifty people, on borseliack and foot, round
the place where Mr. Annesiey was; who do
you imagine they were, friends or enemies ?
*-For aught I know they might be the pnr-
auers, I cannot say.

Did yoo see any one of them offer riolence?
-—I did not then.

Did you see any body lay hold of him,
other than in a friendly manner to assist him ?
—'I cannot say I did.

Did yon enquire of Mr. Amiefiley if any
?OL. XVIII.

body bad hart him ?— Mr. Annesiey wai aot
capable of speaking.

But when he came to himself, did yoa aik
bim how he came by any hurt? — I did. -
^ What did he then tell you was the occasion
of that hurt ? — ^The principai occasion was die
fall of his horse into the ditch upon bin.

And what occasioned his horse to fall into
the ditch ? — The occasion of his horse's falling
was that of his being close pnrsaed ; and when
he perceived that, he pulled the horse back, in'
order to defend himself, and he fell into the
ditch upon him.

Before Mr. Mac Kercher and yoo went op
towards my lord Anglesea, to coofplain'of tb«'
coacbDMn, were you cautioned not to do it, for
fear of entangling yourselves in a quarrel ?— ^l*
cannot sav that I had any particobur teutiot^
from any body.

Did you bear' any such caution giren to
Mr. Mac Kercher ?-^-When I came down the
hill, I was advised by some people to go offtbej
ground, or else I should be murderecL * '

1 ask again, did you or Mr. Mac Kercher
receive any caution not to go to lord Anglesea F
— No, 1 did not ; nor do 1 know that he did.

Do you know one Abraham Robinson ?^-^l
do.

Recollect whether he cautioned yoo or Mr.
Mae Kercher not to go ? — He gave me none:

Did he Mr. Mac Kercher ? — 1 know not, I
did not hear him say any thing to him. '

Now then I ask yon, whether at any thnf
during this affray you struck any body, a^d
who f — I know not^ indeed. Sir.

But did you strike any body ? — ^Tbe bhmr
J received made me oncapable of striking iaf
body.

Did yon strike any and what person befoi^
yoo received thkt stroke ?-«-l cannot lay, in
the hurry particularly, whether 1 did or no : t
know this, 1 never altered the position of my
whip : if f happened to hit any body, it was
withihe lash of my whip.

How can yon be particnhr concerning ^at
Mir. Mac Kercher did, and cannot recollect
what you did yourself? — ^That was some time
before the confusion happened, so that I could
better judge then than afterwards.

Was not the time that* Mr. Francis An«
nesley struck Mr. Mac Kercher a time of hurry
and confusion ?— There was no hurry and con-
fusion till that Mow, which occasioned it alf.'

Did yon, or did yon not, strike any body,
before yoo vrere struck ypurself ? — I cannot
really say ; but after my friend waa struck,
perhaps I might.

Do you not beliere you struck, before yoa
were struck ?— Yes, I beKeve I might, wnea
I saw Mr. Mac Kercher struck.

Who was it yoo did strike ?-^lVhy, SKr, I
cannot tell.

Did not you str3ce lord Apgleaea?-«*I did
not.

Can yoo be certain ;^oa did not ?-^I am
positive I could not, for h^ w&s rather be-
hind' me than otberirise.

IS GfiOSGB IL Trial of the Eml tfAngtB$ea and oAm, [tHr

ftottk the plicsB you nw iuBrin Ifa6 didi?-«-A
quarter or a mik*

What time mi^bta man ride that in?— A
man migbl gallop it in fire or six mionteg.

Mr. Malone to Hr. Mac Kereher.

After tboae words of the ooacbmao that yoo
went to complain of, were yoo, or were you not
adf iced not to go to lord Aogletea?

Mr. Mac Kereher* I believe 1 might.

By whom ?— Who the penon was I caonot
really recollect; hot my particular reaaou for
floiog, DOtwitbstanding that caution, was,tbat
I saw the insult was continued, and not to bs
discontinued, unless my lord A^lesea gave di-
rections to his coachman to desist.

Was there any new insult offered after you
rsceired the caution ?-^-YeSy while I was ia
aearch of lord Aoglesea.

What distance were you from lord Aogleset
when you received the caution ?— I do oot
know where lord Aoglesea was at that time
that I was in quest of him.

fiot at what distance did yoa find lord Ao-
glesea from the place where you were cautioo-
ed not to ^o to him ? — I cannot tell that ; I
bad occasion to traverse the ground several
times after I had receired that caution before 1
could find him.

Court to Mr. Kennedy,

Did yon see any persons pursue Mr. Ao*
nesley r

Kennafy* I cannot say I did see any per-
sons pursue him, for soon after I received mj
blow.

Did you see sny people riding that way ?-*
I saw a great many people gallopipg down
the bill, which they told me was afier Mr.
Annesley.

Did you ride in arms that day ? — i bad o»
arms that day, I fode a hunting saddle.

John Kirwan sworn.

Mr. Morton. Where were yon on the 16tb
of September last ?

Kirwan, I was upon the Curragb.

Whereabouts on the Curragb ?— A good
piece this side of the winning-post.

W bat winning- post f — On the Curragb.

What part of the Curragb f— Upon the high
ground.

Tell II bat you observed to pass there tbat
day .—What 1 observed was uiy- lord Angleses
was talking to tbe gentlemen about him.

Do you Enow any of tbe gentlemen ?— ' «*
oot know their names.

What did you bear my lord Anglesea say?-'
I heard him telling, Tbat this young p^enUe*
man was only a bastai'd got by the kitcbeo-
maid. And with tbat two or three ^^^^
and told him that he was gone off tbe sod,
and with tbat be bade them follow binif sBia
tear him limb from limb, and every one tbat
takes bis part.

Who did be say this tof-'Itookoneoftbett

jto be his servaaU

« Yoa say, yon hdieve after your
^struck you did strike ; can you recollect whom
you atruck ?— -Whyereally I cannot positively
say, I struck one of those who struck Mr.
Il^ae Kereher.

. And yet you are positiTe you did not strike
lord Anglesea P— I can be positive I did not
strike lord Anglesea before be struck me.

Endeavour to recollect who it was you
struck T — 1 cannot recollect who the person
wss 1 did strike, for in a minute's time we
were all in confusion. I am sure it was not
lord Anglesea 1 struck, I knew him.
, Might you not have struck lord Anglesea
tjien, as well aa another ? — It was impossible,
for he was behind, and bis blow prevented me
frpm striking any body.
, Did not you strike Mr. Francis Annesley ? —
I cannot tell — more probably him than an-
ptber, aa he struck Mr. Mac a^ercher.
. Yqu know Mr.Croostry ?— I do. Sir.
. Did. you sec him strike any body Pr-I be-
Ceve I did.

. WboP-r-I believe I saw him strike Mr.
Francis Annesley, after be had struck Mr.
Mac Kereher.

Are you positive it was not before ?•*— No ; it
was not berore.

. Had Mr. Goostrv received any bkyw before
ibat i — He received a violent blow, and I can-
not say whether before or after.

Did you see any of lord Anglesea^s ser-
yants.upon tbe ground tbat day?— I tliink I
did.

Do you know bis livery f — I cannot be posi-
tive as to that, I know what is deemed bis
livery.

How were your servants armed tbat day ?— >
As they are when we travel.

How is tbat? — One or two of them had pis-
tols before them.

Do you believe they all had ?— I really can-
not say positively whether they all bad or not.

You can say whether you believe they had
or not ?— I beUeve they bad not all.

Had any of them a blunderbuss P— Not tbat
I know of.

A musquet or a gun ?— No.

Had not every one of them back- swords ?— 1
nannot calf to mind ; I believe oot.

Do you trayel with back-swords ?*~No.
. Tell how the servania were armed.—- They
were armed so far as to liave pistols belore
them, but I believe they had no blonderlmss
nor back-swords ; to tbe best of my memory
and belief they had not.

Jury by the Court. Did you see Mr. James
Annesley ride off the Curragb ? Was be in
vour view ? — Be was in my view when Mr.
Mac Kereher called to Mr. Qoostry and me to
come away, be was just by us, but be was
quickly Igst to me, because on my coming
•wav t received tbe blow that stunn'd me.

yf bat might be the space of time between bis
^ing off tbe (ground and bis lying in the
^ditch ?— About t^ij minutes.

C&fi you tell what was the space of.groustd

&>}

JbranAssauUu

Why iof-*-Bee«iMe be wore hm Wrerr,
Are you eare he was his servant ? — I cooM
not sweer that he was his servant, hot I took
hMB to beso. Bot be came badk sod told him
that he wes killed. That's well eooagh, says
loylord.

Go on, and tell yomr story.— That is all that
I heard, and I have no benefit to tell any more
than what I saw, and it is against my will that
I came here at all, for I bad no mind to meddle,
hat I was brooght to it

[Cross-examination.]

Mr. Malone. Where do yon live P

Xtrwon. I live at Newbridge.

What do you Iblbw ?— >1 follow dealing.

What dealing f— In linen cloths.

Are yon a married man ? — I am.

What family have yon ?— «l have two.

Two what r*^hilJren.

Bo you hold any land P—- 1 do.

From whom ? — From Mr. Brown.

flow mnch ? — Not much.

Tell how much P— Only three acres.

What rent do you pay P— -Three pounds a

Do yon owe any rent P— I owe no rent

What day was it you were at the Corragh.P
— ^It was the 16tb of September 1 was at the
Cumgh, as I uoderstano.

How oome you to understand it to be "the
imh P— Beoause 1 took notice of it.

Can you write P — I cannot write.

Did you make any memorandum of it P-^I
■ifldeno memorandum of it then.

How do you know then it was the 16th P-^
Beeaose I am sure of it. Are not you sure that
yon have that paper in your hand P

Suppose 1 am, that is nothing to the pur*
pose; open your oath, Sir, what day of the
week was the HM of 'September P-^I do not
know that.

Were you at the Cnrragh the 14th P— I was.

Were you on the 15th P— The 15lh and 16tb
too. ,

Did yon see the horses run P — I did.

How many were there P^-Four, and some-
tiaaes three ; that's toothing to the purpose. Sir.

Yes, bot it is. Sir ; I ask yon bow many
horses ran -that day?-*l do not know, I re*
laember thet there were many running.

Bot I ask you bow many r-«-I do not know,
bot J believe there was three.

What ookur were they P— Some of them
were bay.

Was there any white horse ran P — ^No.

Any grey horse P— No.
. Did yon nuke any bettsP<«— I made no bett
I drank my bel]y*fulK

Had you drank your belly -full that morn-
ing P— I did not drink much that morning.

What time of the diy was it that you
beard lord Anglesea say those wordsP— I had
not mV watch about me j aboot^ the time iVe
drive tno <»ws home.

WhM time is thitP About dnikisb?-^
Ttieraaboiitsy Sif , .

A. D. 1744. [239

How long before it was dnskish P — I oanno*
tell. •

Wu it two hours P— Indeed, Sir, I had not
mywatch about roe. ' *

Have you a watch, Sir ?— No, Sir,

What time of the day was it that you heard
my bird Anglesea say he was a bastard P— I
cannot tell.

But you must teH P Recollect— About tlie
time of the cows driving home.

Did you stay upon the sod after that P*-^l
did, a good while.

Was there any race after P— No, nofaorw^s
ran, not as far as I can understand.

What did you do after tbfit f-^l went into.a
tent to take a glass of ale after.

Do you know lord Anglesea's livery ?— Yes.

What colour is it P— He gives red.

Red ! Why man, be that you saw in red
miffht have been a soldier for what you know P
—I do not know but the man that 1 saw was a
soldier, but he had bis livery on him. .

Was the man that you took for his servant
dressed in red ? — I did not take him to be bis
servant then, but I took him to wear his
livery.

You said he wore my lord's livery P— I did.-

Did you at that time understand that he wm
his servant ? — I took him to be his servant. - ^

Why P-j-Because he wore kna livery.

What livery P— Facing with red.

What colour was the outside P -Blue, Sir,
and was faced with red; and this was red.
[Pointing to his v'est.]

Red inside P What, the lining P — No, the
facing. [Pointing at the same time to the
cnflF of the sleeve and the vest.] '

Was there any lace upon the livery P — I be*
lieve there was ; I did not take sharp notice. ^

Had you ever seen any of his servants be-
fore P-*-I saw several of bis servants before. ^

Are you sure you know his livery P — I know
his livery pretty well.

Had yon seen that man before that time
that you took to be bis servant? — I do not
know whether I saw that man's faee before
that day.

You live at Newbridge P— I do.
' Does any gentleman there keep a servant in
blue livery P-*I cannot tell whether there b4
or not.

Did you at that time understand the roan to
be a servant to lord Anglesea P— I took him to
be his servant, because he wore his livery.

What clothes did my lord wear that day P-*
My k>rd wore brown that day, a brown coat.

What sort of hat had he P— He had a laced
hat

Had he lace upon his brown coatP-^I do
not remember.

J ask you if he bad Uce on his coat P— I da
not know ; I believe he bad.

What sort of lace P— 1 do not know whetheir
silver or gold lace.

Was he in his coacb, or on horseback P»— He
was on horaeback, riding a bay mare.
•Do you know any of ihe company -thai

fSl]

18 GEORGE 11. Trial ojihe :Earl q,

iftM about him?— I ciimot toll any bmo thai
was about bim.

Do pot Toa lire near that plaeof— I Uto
within a linile or two of it. .

And vet jou did not know anv of the jen-
, Hemen r-— f did not know one of theai.

Can joa name any One man that was preeept
When my lord made that declaration ?— i can-
. >oi. I did pot take ndioe.

Did my lord ever speak to ypu before that
time P— He did.

Did be ever eat or drink with you f — I never
drank or eat with him, he would not be so great
with the like of me.

. Do yott know Mr. Francis Annesley of
Ballysaz P— I did hear of him.

Do you know him ?— 1 know him.

Were you erer at his house ?— I was at his
bouse.

jPo yon know his servants P— I do not

Nor bis lirery P — ^No. •

Do you know Mr. Steel ?— I do.
, How far does he live from you P— He lives
about three miles from where I live.

Wer^ you ever at bis house P — I was.

Do you know hia livery P — No.

Nor Mr. Francis Annesley's livery P— No.
, Can you name the livery of any man that
lives near yon ?— I cannot. Sir.

Mr. John Archhold sworn.

, lAt^CaUaghan, Where were you on the 16th
of Sept^mb^ last?

Archbold. Attberace of theCurracb.

Did vou seevany thing particular that hap-
pened that day between lord Angiesea and any
other gentlemen P— I did.

Give an account of it ; tell your own story.
-—I will. Sir. I was drinking, my lord, in a
tent, on the lj6th of September at the Cornu^,
and I heard some people cry out, Knock that
^on of a whore Kennedy down. With that I
thought it Was a friend of mine that had been
At tbeCurraffh that day, that was in danger ;
upon which 1 immediately got on horseteck,
Itnd saw Mr. Jans and lord Angiesea beating
this Air. Kennedy, and Kennedy had his bead
down in tliis manner, and they were fleaking
Jnm* beating bim, my lord, very severely : and
lieeing this, I went up to Jans, and Jaid my
hand upon his arm, and said, I wonder you
would be guilty of beating a man in this ioho-
xnan manner, and whatever the fact is you beat
liim for, be cries out, l have nothing to say to
hi that ought to satisfy yool 1 myself did not
imderstand what the quarrel waa about; but
^fteT I bad spoke to Jans, he went to my lord
Angiesea, and be said. My lord, it is not worth
your while to beat bim, }et bim alone. With
that my lord desisted, and I went to Mr. Ken-
^y, and told him, You bad better get oflf in
the best manner you can, for you'll be murder-
ed if you sUy here. Mr. Kennedy said, he
could uot go tor bis friends, he could not leave
them. With that the mob said, Mr. Aoooley
M gone off the fiefd : and with that k>i4 Angle*
«sa said| Follow theiou of a wb^sr, tud bSck

ea and ofhirSf [fiSt

his brains out. With that the people rodv off
after him, and we rode after tae crowd from
the place where we stood, towards the turn*
pike -road to Newbridge; and by the time I
came op, Mr. Annes^y was fallen into the
ditch with hia horse, and some gentlemen came
up^ and were foi" striking him as he lay there ;
and I said, I believe he is dead already, and
there is no need to kill him again.. And with
that I alighted, cherished himi and opened hia
stock, and the aurgeon came to bleed him, but
could get no. blood ; and I got a chair and sent
him to Newbridge, and vHtbiU an hour or two
after I went to see biro.

Did you think, when you saw him in the
ditch, that he was dead P— I did believe be was
so hurt that he would oot recover in a good
while.

Did yon hear any directions given by tord
Angiesea to any persons P— I only heard him
say what I have said already.

Repeat that agam. — When the mob cried
out Mr. Annesley's gone off; my lord Angle-
sea said. Follow the aon of a whore, and knock
his brains out.

Did any body purftue upon that ? — I cannot
say whether it was opon his saying it or no
that they followed bim^ but there was a great
many people followed him upon his sayiog so.

Do you know who those gentlemen were
that would have strdck him, if you had not
prevented them ? — 1 do.

Who P Name them.— Mr. William Warrea
of Grangebsgg.

Did any body strike him f — No, not one ; I
believe 1 prevented that pretty much.

Do you believe any body would have stmdt
him, if you had notbeeu therep— Upon my
word, I believe some would have .struck, if i
had not prevented it; tor ^r, Warren was
alighting in order to Strike him ; and 1 tokt
him. Do not strike him, for ho is killed al-
ready, I bdiove ; and ;^ou are a gentleman of
fortune and figure in this country, and not pro*
per to be seen in such a riot as this.

[CPo8S-ezamiiiattoo.3

Mr. Green. Did yon see any other peopte
pursue Mr. Annesley besidea Mr. WartenP-«-l
sa!|r several.

Did you see any in lord Anglesea's livery f
<— I caimot tell ; I did not take notice Whether
any in livery pursued him or not.

Did you stand by him for any tiiee after you
came, to the ditch P— I did, till I put him mte
the chain

Did you see any of lord Anglesea's servgnts
^her^?— I did n0t observe if any servant of lOid
Anglesea's was present, or not.

KeooUeet whom y<Ai found at thediteh.r*-I
found sir Kildare Borrowes, Mr. Wilttato War^
ren there ; and so was Dillon Ash, and a geod
mae;^ acquaintance.

How soon tJS^ bis fall into the ditoh did>yoa
come up P— He was some time down I be<f.
Ue»e^ for the hoosQ had got up before 1 casse.

Did yott aoe Mr. Auaealey stMii after tUs it

139]

f&r an Awttdi,

A. D. 1744.

14ewbtiAft ?— I tamed iMck at lh«l time #lfen
1 pat hiin in the efaur, bimI tew the dtber htet
at tb« Conr^y abiL after that weAt to New-

[231

Had be no bMise, o^ cut, or itroke wiHl a
wbipy that jou perceiFed?— Hd bad not, that I
peroeif ed ; ifor did 1 ]<lok.

Wbm be in bis senses wben yea pot him
into the chairf — He wis not.

Did he lell yod then, that he giot ever k
stroke from any body ?— He did not tell ma
that he got ever astnike. How oovld be tell
me then, when he was senseless?

There was a heat, yon say, after he fell?—
There was, Sir ; 1 went back to dee the heat.

Mr. Digby. Did too see any body porSae
him befbr^ he feli down?— When I came up
be was in the ditch ) there were a great many
foafliog that way.

Did yoa know any of them ?->-! knew Mr.
Wilfiam Warren, and si^ fUMare Borro#es,
and spoke to Mr. Warren dot to strike hire.

Did yoo see Mr. William Warren's horse
nmaway with him that day? — I did notob-
scrte his horse ran away with h..n.

Mr. Mmione, Do yon think the people you
^w there intended to do hiin any harm? —
God knows whether they intended bim hartn,
or no.

Do yon beliete all the people yoo saw there
were wilt to do him misehiet ?— I beliere there
were several, among sach a conoonrse of peo-
ple, that did bot : sure, if they were all bent
to mard« him, he would hare lort his life in-
deed.

• Court. Yoo said that yoa heard lord An«
ffleaea say. Follow the son of a whore, and
kaoek ont his brains ?— Yes, I did.

Give year opinioli, whether any porsnit
happened in consequence of those words ?-^
My opinion of tbe matter is this, that I saw
theoB pursue him, as soon as IciM Angieidea
spoke { but 1 do iot know whether tbe^ fol-
lowed him out of curiosity, or by my lord An«
glesea'a means } how lum* 1 kndw titeir iatitfn-
tloo?

Mr. Spring. Was it not usual for a crowd to
IbUow him wherever he appeared ? — Why, I
cannot tell ; 1 never saw him tiU the race dky
heftire.

Was he not foltowed to whatever natt of the
ground he went the first day ?— I enl^ skw
Snn ooflse on the gronfMl frdcA the turnpike-
road with his servants^ aad I #aft sbewM him
there, and do not think I saw him afteri that

When yoa ame op, did you Sea Mr. War^
ren attempt to hnrf Mr. Annesley ?— Mr.
Warren waa aligfating^ when I came up>, and
said aome woida thdl made ide think he meaM
(o hart him in that teioner ; and what rea-
aon shooM I faava to M^eak to him, to beg he
wouM ttbt bnrt him, if he did nM ktftefli|M it ?

What waa it he did lav, that made you ima-
ginehe intended to hart him'?—! think that he
called eat to sir&Ddare Borrowes; I was ih
sack a harry of spiritti thai I caottof tail well

whdt h^lieMd^ hht I tAiak, by thfe wdHI Mr:
Warren aaid, they were something lendtof to
hurt Mr. Aknesley ; upon Irbich I begged of
him not 10 alight ; aad he did not| nor dkl noi
strike.

Did you observe lord Angle^ea's dresi that
day ? Had he a plain or alaced ooat on ?— •!
canaottell yon^ I do not renumber whether
it was a plahi or a laced ooat, but I knotr hd
was on horseback, add ians went np to hiin,
and bid him give over beating Mr. Kennedy.

Did yOii ever aee lord Anglesea before ?-^
I have seen him very ot'teu.

Are you acil)ball&led With him ?— I know him
by eye- sigh I, but have not the honoor of beiny
acqokinCed With hta lordship.

At the time you heard lord Anglesea mako
nee of tbe words you mention, how far ware
^on fitMR him ? — No ftirther than I am fraotf
yoo.

Was there not a great Crowd about him ?•—
The crowd was dispersed phHty maeh opou
Mr. Annesley 'sgomg off.

Can fon judge whether they followed Mr.
Anilesley through cnriosiiy, or at my lord's in-
stigation ?— I oonld not judge whether througb
euHostfy, or at bis instigation ; they foHoweA
as soon as be ordered th«ii.

You said, that the crowd went away and
followed Mr. Annesley ?— 1 do not say all ; bat
a great many foHoWcu him.

Do not yon believe tbey attended him ont Of
curiosity ? — 1 toM yon before that I conld not
tell whether out of curiosity, or at my lord's
instigation.

Did you know any other person present to
have, beard those words ?— 1 did not stay to
look about lAO, but rode off directly.

But do ybu know any body that was there
present? — I do not know any body that waa
By, for f did not stay to examine who was by.

Wben you eame up to him in the ditchi
would any gentleman have done him hurt, but
tor your interposition? — If 1 had not thought
Mr. Warren had a design to do him hurt, i
should not have Said the wOrds I said to him.

Mr. Wiltidm Backet avrOfn.

Mr. Morton. Where were you on the i44h
and 16lh of Sepleaafaer fcist?

Hachet. On ihe 14th I was in Dubiin» and
the 16th I was at the Curragh.

Db yon know what bappeaed the t6th be*
tween Mr. Mac Kercher, Mr. Annesley, aa4
my lord Aoglesea ? — I was in a tent drinking
a bollle of wine whh some gentlemen, and a
boy etfme in and said, Tbe young earl was kill*
ed. Immediately on hearing that, I ran ont*
got my horfte, ami followed tmm. There Waa
a ory out. He's gone that way, porsoe htmi'
parsoe hiiti ! Upotf wiiloh I foHowed as faist ao
I oeuhl, and camenp lo Mr. Mfc Kercher^
and said, Why don't you go on faflCer, Sirf
0e eaid my Itorse has no speed $ pfay, 8hr,
do you follow Mr. Atonesley, and keep etose 4»
hidi till I eonle up, fiar he will be mardefed.
Upon that I followed as hA asposHMe^hiAhe

«S5] IS GEORGB 11. Trial of the Earl ofAngksea and others^ [^36

wtti ftlleo in the lAtcb, and many aboai him
before I got to him. I saw be was very much
hert, upon which I attemptrd to bleed him ;
he was quite senseless and speechless, and
though 1 made two punctures m his arm, he
would not bleed, and after that be was sent off
to Newbridge.

Wss be recovered tiefore he was sent to
Newbridge ? — He was not recoTered.

Did he say any thing?— He did not speak,
a word.

' When did you see him after this?— I saw
him that night after.

In what condition did yom find him then ?—
He had reco?ered his senses.

Did you stay anytime with him?— I lay
there that night.

Do you remember any thing remarkable to
have happened further? — The next morning I
got up early, and went out to look at my horse.
And Mr. Mac Kercher was apprehensive of
some danger, and said over-night they would
go away very early. I went into the bouse
again after I bad seen my horse, and a boy
came iu and said. The bouse was surrounded,
and that the gentlemen in the house were
way- laid. 1 told Mr. Mac Kercher what the
hoy said, upon which be and some more went
down stairs to see if it was true, and then they
were assured of it.

How do yon know that? — I went out with
them to the ditch of the garden to see if we
could perceive any people, and then we saw
them plainly. We came in again, and then
the landlord told them the same thing.

What followed after this?— Some time after
that, Mr. Mac Kercher was taken up on a
warrant by one Lacy and a constable, and they
came up stairs together, and then he took Mr.
Goostry and Mr. Kennedy. Then we got
ready, and were going to Naas to give in bail
there; and when we were^a good way from
Newbridge, one Angus Byrne came op in full
galkip with a gun in his hand ; Mr. Annesley
was then on one side of me, and Mr. Goostry
on the other ; and he laid his gun upon bis
thigh when he came up, and he immediately
turned about and gave his whip to a country-
man, came close to me, and laid his hand upon
the cock of the gun. I cannot say positively 1
beard it snap, but he made a noise as if he
cocked the gun.

Court, How was the gun directed ?— The
muzzle was directed towards Mr. Annesley,
cross the pommel of the saddle.

Did you perceive him touch the cock of the
gun?-— I sawjiim put his thumb upon the lop
of it.

Can ]f on say that he cocked it ? — \ cannot
be positive ; I did not see it cocked, but 1
heard it snap : upon which I aiade Mr. Annea-
lev alight ; I called out to the coach to stop and
titbe him in, and Mr. Goostry came up to us.
. What kind of a noise was it you beard ? — It
was the sound of a gun cocking.

Did Mr. Annesley alight and go into the
'if-T-llodtdt

Who advised him to go into the' coach ? — I
did, and I believe Mr. Goostry did.

Why so ? — Because 1 thought that the nan
intended to shoot him.

Mr. Mae Manu$, You said Byrne gave bin
whip away ?— I did.

With what intention did he do that ?•— I can-
not say.

Was it

order to be the more ready to
shoot F — 1 suppose it must be sO) Sir ; it looks
asif it was.

Did you say any thing when he gave away
his whip f — Not a word.

In what manner did he give it away ?-— He
rode up in a hurry, gave his whip to the mauV
and turned back immediately.

What further happened after this ?— After
that we met some -people on the road, who
came ftt>m Naas to meet us, and they condoct-
ed us to Naas.

What becaraie of Byrne ? — He turned back'
immediately after Mr. Annesley got into tho
coach.

How soon after this liran had given away
the whip, and put his hand to the gun, did Mr.
Annesley go into the coach ? — Immediately.

Did yott aee hiln take his whip again?— 1
did not.

Did he go with yon to Naas ?— He came op
to us again, and went there with us.

What happened after you got to Naas?-—
When we were going to ^ve in bail for the
gentlemen ; Byrne came m and laid down the
gun upon a bed in the room where the geotle-
roan that took the gentlemen in custody from
the constable was ; T think he was sovereign
of Naas. I went in, Mr. Carrick and that
gentleman was there, and we were desirous to
see if the gun was loaded; and it being a
screw- barrelled |^un, immediately I unsccewed
it, and took out aght bullets.
" Cour^. Who unloaded the gun ? — I nn-
loaded it myself; unscrewed it, and took out
the shot.

What kind of shot ?— Large swan-ahot.

How many of them ?— There were eight ; f.
brought them in to the gentlemen.

How big were they ?-*They were very large.

How large?— Describe them.

They were thus big. [The witness de-^
scribes them to be as big as the tip end of his
little finger.]

Mr. Bag0t. Were they cast in a uMold, or
were they rough and uneven ?«-«They wero
quite round.

BIr. Mac Manut. Tell what happened after •
that.— Thep the sovereign took the gnu, and
Byrne was examined with what intent he car-;
rifd the gun, and whose it was? He said, It
belonged to my tord Anglesea, and he was to
follow the <Iirections of Mr. Lacy, in order, if
there waa any rescue intended, to prevent it.
They then asked him what he was to do with*
it in case of a rescue ? HTe was going to an-
swer, when Lacy slopped him, and said.
Yon have answered it already, and answer
nomorefuertioos.

»7]

for WfTAuuxk*

A. D. 1744*

rzss

Had Lacy uy arat ?->- WiicD the men from
Kaaa were comin^jr ap. Lacy took cot a pistol
upoo the road, and I said to mm, Sir, Mr. Mac
Kercber told yoa before we came out, that we
expected a guard from Dublin or ^iaas, and
yoo need not lear any reacoe.

What kind of a pistol waa it?-*lt waa a
pocket pistol.

Mr. hagfii. Did yod observe lord Anglesea's
coach df iriog at any person on the Carragh ?-«-
Really, Sir, 1 did not mind, 1 wasioatont
drtnkmg a glass of wine.

[Craas-eaEamination.]
Mr. Jlbrgan. Yon say when yon heard this
noise of the gnn, that the mnssle was pre-
teotcd to Mr. AnDeaiey ?«^Ycs, the gun lav
npoQ the pommel of the saddle with the mnsEzle
towards him.

Whieb side of yon was Byrne on P— The
kfu

And where was Mr. AoMsley?— On the
right.

Yoa rode then between Mr. Annesley and
Byrne, when Byrne came opr-^l did.
. At the tiore yon heard thai noise of the cock-
iDg, woqM not the gun have ahot you, or yoor
iKWse, if it had gone off ?-^l believe it possible
it might.

Deseribe the position of yourself. — I had
Mr. Anoesirr on the right hand, and Byrne
drove npeo the left side of me, and I got close
to Mr. Anoesley.

In which hand had Byrne the gan?-*Ue
had the gon in hialeft hand, and the bridle in
bis right.

Yon aaid it was pointed to Mr. Annesley P—
It was lying on the pommel of the saddle,
across the horse'j neck, with the mouth to-
.wards him.

. Coohl he have ahot him before be got into
the ooacb, if be bad had a mind ?*-«-To be sore
he might, if he pteased ; but it would not have
been possible for him to have escaped if be had
•hot.

If the gnn had gone off, must it b«veahot
Mr. Annesley P-^If it had gone off instantly as
be came up, it might have shot me.

What happened after Byrne came up^— -
Mr. Annesley aliffhted, andMr. Goostrycame
iip^ we called to the coach to slop, and he went
in, and then Byrne tarned abontsod went back
again.

Do not you believe that Byrne carried that
gnn to prevent a rescue, and for no other pur-
pose P— How can 1 tell P

Wbal do you beheveP— I pretest, 1 cannot
tell what to believe.

Had the gentlemen any arms in the coach P
—They had not.

How many servants attended Mr. Mae Ker-
cher and his company at NaasP — I know
there was the groom, and a footman, and I
really cannot recollect any more.

^vera there not fireP*^! cannot recollect
any more. ^

Were the servaots armed there P-^^l know
the groom was^

' What did the peopl^that came ilron Naaa
say when they c&me^upP— 1 cannot tell^
some went on one side of the coach, some on
the other, some on horseback and some on foot.

Did not you hear it rumoured by them, that
we will attempt a rescue ? — I did not.

Did not ^ou hear them cautioned not to at«
tempt a rescue ? — 1 did not indeed.

I^cy took out a pistol you say P — He had •
pistol m bis hand when the men came up.

Did the men say any thlnff to him about hie
bavinff bis pistol m his handP — They did not.

Did Lacy give any reason for having thaS
pistol in bis hand P— >ue gave me no reason
for it.

Did yon hear him give a reason to any body f
-«I did not bear him give any reason;

Did not you hear him say that he took it
out to prevent a rescue P— I did not.

What did you say to him P«^I told him Mr.
Mao Keroher said, before we came out, that
we expected people from Naas, and tliat there
will be no rescue. ..

What did he say when yon tokl him tliere
wouki be no rescue P — Ue made me no answer
to that

Co¥Tt. Before BTnte came up with the gun^
how were you and Mr. Annesley riding P—
Mr. Annesley was first, a little distance before
me; immediately upon Byrne'a coming up
and giving the whip to the man, 1 got up to
Mr. Annesley.

Wss Byrae nearer than you to Mr. Annesley
at any time P-*-I was nearer all the time.

How near was Byrae to you P— He was
within a yard of me.

If the gnn had gone off, could it have shot
Mr. Annesley or you P— It might as well have
shot him as me ; I believe it possible it might
hare shot me.

On what side of Mr. Annesley were yon P«—
I was on the left hand «de of him alter I
joined him.

In what noaitkm had Byrne the gun at his
coming opP — It was npon his thigh, and im^
mediately upon bia coming up he laid it across
the pommel of the saddle.

Mr. Spring. At the time that the gun waa

Eainied towards you, where was Byrne's rigtit
and P—1 cannot tell.

Did not you say that his right hand was
npon the bridle P — At his coming up he had
the gun upon his thigh id the left hand, and
the whip and reins in the other hand ; he
gave his whip away, and then held the gun
across the pommel with his left hand.

In what position was the gun at his coming
up P-— The gun was pointed up rate the air at
his comhig up.

Was the bridle in bis right hand then P---It
must have been in the right hand, because tho
gun was in the left.

Was the time Byrae came up any oonsH
derabie time before you met the people coming
from Naas P— Yes, it was.

How Ion or ?— 1 cannot tell.

Was it Uo nunatesP--Yes, iiwas, a|id more.

«9]

18 afiPACSl IL Trial of the Mod tfA^l&tfsa and others^ {^

YihsA ipM k Byroft did ater be otow up?
^t^He iwuiagiliatdy gate liie whi» aiiajr, and
wme up cUmw to ufl» and immMiately upou
Mr. Annesley W altg^og and §|fio|f into tb6
«ipaQb,ii« luruedlMck.

Did you cter aee figuva befiHw7>f-l n^eit
0tv bind in my bfe before.

J)id be«ay asy Ibing to you?'— He did 'doI|

vl«b Ao aa.

Did be know you at Uiat iiitte ?«<rUa did noC
appear to Jtnour ma. <

X>fd vou boQW \^m ? — I did not know kia
same till we came to Naas.

Hotv .long after Bynws turned baek waa it
tbat he folbnrad you to Naaa ?-^-A g|ood while.

Waa it an baur ?— rl cannot aay.

Half an bQur?>-TTo Um best of my know-
Mfce it wlw ibereabottta^

Waa it ai'taa tbe people qnetyooP— rl beliare
it waa» 1 cannqt be poaitif e.

How long afWr?— I cannot tell exactly bow
laog'it wiia.

Mr. William Goostty sworn.

Mr. Mac Manus, W^ra jpou at tbe Cunragb
laat September f

G^toiiry. I was tbeve tbe .firat and laat day
if tlw races.

• Gi«a aa account of wl)at happened there ;
tell tbe whole affair.— The 14th.of September
^t we went to tbe Curragb, and there was
but one barse to run tbat day, and there being
JI0 great diversion, we rode a little up and
down tbe course that day,' and came off again.

iFrom what place. did yiM^go to the Curraffh ?
•M^^e went from Dublin to Mcwbridge-mn,
jMd from thancci to the Curragb.

Did any thing remarkable happen to yoa on
4he 14|h ?— <«We saw lord Angleaea and other
ffentlemeo standing at a tout aa we rode up the
Curragb, and when we were coming bacl^
again from the oanrae, jult befiire we came to
llle end of it, lord Angksea said, See tbat
acoondrel Mac Kergber,- though henowkioka
like a gentleman, that coat be baa upon his
baok'i taw not a month ago in MQumouth"
Jtrect. Mr. Mae Kercber said, Do not let u^
take any notice of it, it ianot worth while ; so
we hHle off the grouMl, and went to New-
liridgia ; tbat waa all that bappeoed that A^.
Tbe next day waa Tbmaday ; there wais no
laco tbat day; and we went to geotlemen'a
liovsea in the neigbboorbood, where Mr. Att-
nesley waa known when lie was young. On
Friday we went ta the laee again, and just as
the first heat w^ over, we came upon tbe Cur-
ragb, and went up to the coippany. After
flome little atoy tboK^ f^a left that, and rode on
further ; an4 aa we were rkltng, the coach-
man of lord Anglesea came full gallop through
-the middle of ua ; we got out ot his way as
tfgt aa we comU ; he turned abort about again,
dro?e at us, and we gat on tbe other side of
the rail to avoid him, and he came there with
bia whip, ^ paiatad to.Mr. Aimealey » crying,

Shoe-boy, that'a he, shoe*black. IVaacotly he
came to ua again ■

Court. Which aide of tbe rail ?— Tbe out-
side ol' tbe rail, my lord^-^od drore at

there. Mr. Mac K^ber than said, There is
no bearing of this, we mutt either go out of the
course, or else apeak to ny lord to chastise
himi

Were there other people on the other aide of
the rail beaidaa you ?— There were other peo-
ple theca besides ua, but very £bw.

Go OD. — Mr. Mac&ercbar went vp «n4
down to find my lord Anglesea, and we went
up along with him to the winning-post, and
there my lord and others were standing^ and
Mr. Aonesley waa rather behind, out' of the
crowd ; five or aix horse lengths hehiad he
might be : so Mr. Mac Kercber said, with a
low voice, I w^ to speak with your kwdship.
My lord aaid, 1 have no pistols, and waa
stiurtled, and changed colour a Kttle, I thought.
This was no time and place, he said further^'
to talk thus, 1 liave no piatolsi Mr. Mac Ker*
cherjiaid, For wlift 1 have'tosay 4o yourtord'-
sbip, every time and place is proper ; lor all
that I have to say, is against one of your sar«
vanta tl^at used a^gantleman ill, or worda to that
effect. My lord asked. Who the gendemaa
wa^ ? Mr. Mac Keraber flsid,'nrhat's9ie gentle-
Boan, Mr. Anaesley. My lord hesitated a httHe,
and said, be waa no geoUeaoao, but that he was
a bastard. Mr. Mac Kercber aaid ftwiber, Wu
expect your k>nlship will turn your servant
away en the field,,aa itds a public affront. My
lord then flew into a passion, and called Mr.
Mao Kereb^ a great johov opprobrioua oamea;
and Mr. Mao Ksrcher.tmdliim, he bed ; witk
that Mr. Mae Kerob^r said, Your lordship
durst not single yourself out, and -tell me ao.
With that Mr. Franob Anhealey up with hia
whip and-struck Mr. MaciLareber on hiafora-
head, and with tbat a little bk)od came, and
•hiafiwehead swelled, very much. Immediately
npon that, t had a little whip in my hand, and
.1 atroek Mr. Annesley. Upon this it was
over, and Mr» Mac Karcher said, Comei we
will go away. There were aome other worda
•M(ted afkerwarda between lord Angleaea and
Mr. Mao Kercber, and Mr. Mac Keraber said,
turning to |(o away, Come along, Goostrv apd
KesnMy, it ia' not worth while to talk to h
man who dare affront a gentleman, and re-
fuieth him aatisAbction. I could not get away
very aeadily, being in a crowd of people ; and
I believe a minute or two passed bmre any
.thin^ further hiy>pened aft all. When l waa
turning my horse to ride off^ Theresa Goostry,
aayamy lenl, another of. tbe rogoea, aa great
a rogue as any in Ireland, knock ^m down.
•Upon which Mr. Franda Aimedey atruek me
again, and a great mwiv paore struck me. I
iwaa atqnaed with the ocst blow, and bled ao
prodigiously, tbatil was all over blood. 1 got
a blew here [on bis wrist] that swelled as big
as an egg ; and I bad fallen off my horse, if 3
had not beea aupported by a crowd on each
aide, who were so near metbat 1 oouMnot mIL

til]

Jw an A$$anli*

A. D. 1744.

[Mf

What 4iilHie« of tfane ma ibtre b«lwe«
the first blow ood the Meonil, given by Mr.
Fronds Ajmetlev ?— ft was two mioutes after
the first stroke, that Mr. Anoesley struck agaio.

Did ho strike jron of biinselfy or by any di-
rectioDs from aoy body P — He did oot strike me
till ford ADglcoea^ ordered him.

IMd yoa leare* the Curragh immediately
upoo thatf^l did not; I thought the quarrel
Jiad been over, and had a mind to stay to see
the sport« There were some English horses
to ran, and I clapped my handkerchief to my
wound, that J might stay and see the diver-
sioa. I rode forward on the ground, and im-
mediately I heard the pretender, as they
4»llcfl Mr. Annesley, was killed. Thinks 1,
1*11 go down to the starting post to see what is
the matter, and there I heard that Mr. Annes-
fey was in the hme leading to Newbridge ; I
rode uiltr him, and when 1 came about half
way do^ the lane, 1 law a great crowd of
.people abont him, and found him lying sense*
less, his arm stripped np in order to bleed him,
hot he would not bleed. I foi a chaise that
was fymiing by, put him into it, and got a roan
to go with him to hold him in the chaise that
iie shoaM not fiill out of it, and so carried him
•to Newbridse. The next morning we were to
go early to Dablin ; Mr. Mac Kercher said, it
was very pmdeot to get to Dublin as esrly as
we ooalo. But before we were op, we were
alarmed by the people of the house saying.
That the house was beset, and that there were
a hondred men, fifty one way, and fifty ano-
ther, and that there were men io the entry
that had fire- arms. We immediately got up,
and had nothing but pistob to defend ouraelves:
we tbooght them not suflScient to defend ns
against such a number of men, and sent to the
landlord to get us. more arms, if he could ;
whoi»rQOght up a case of pistols and a gun ;
and we were determined not to stir till we
cenld get some assistance. Mr. Msc Kercher
and Mr. Kennedy went out to see if they could
discover what number of people th^e were in
arms ; tbeyretomed immediately, and told us,
They saw a great nom^r of people ; so we
were determined to secure ourselves in the
room till we should ^et assistance. Some
time after it.wap day-light, an hour or two
after, Mr. Kennedy went out into the garden
to try if he could see any body ; and when he
returned, said. He saw none : I went down
into the garden, came back, and was told there
.was a warrant granted by a justice of peace,
on the complaint.of lord Anglesea, against Mr.
Mac Kercher, and Mr. Kennedy, and myself.
1 asked Lacy, who came up stairs to ezecnte
the warrant, if he was a constable ; he'said he
was my lord Anglesea's steward; the con-
stable was hard by.

Where was this ? — In the house ; they came
np stairs, and shewed the warrant : says I,
•What occasion for all these people to execute
a warrant ? Whose conaplaint is this upon f I
looked, and found it was a complaint of lord
Anglesea's. Upon this^JLAoy said, Waamst
VOL. XVIIL

go back to the gentleman that hfA ^ttted th«
warrant, to give in securiiy. I said, No, wn
did oot care for that, we have got enongh of
this country, I am all over Idood, I don't likn
it so well to ffo into it again, andyon see the
dress I am in, and I'll ^ to Dubli|i ; and
thinking there was some dirt in my wound, I
had a muid to go where I might have il
searched and dressed, for there i^rre two gen-
tlemen there that ofiered to bail us. Lacy
would not go towards Dnblin, but insisted on
our going to the justice that granted the war-
rant. This occasioned us to dispute about it
till the constable whispered us, Naas is thn
county gaol, gentlemen, and if yon say. you
will go to that gaol, I must carry you tliere»
whether they will or no : Upon tnis we told
Lacy, That we insbtcd to go there, and if we
did not give hail, we would be secured there.
There being so much noise, and the landlord
cautioning ns, that there might be danger of
going the road, we aent for sosae peofde fron
Naas to come and meet ns; sa we got readv,
and Mr. Annesley and i would not go into thn
coach.

Who went in the coach f — Mr. Kennedy,
Mr. Mac Kercher, and ]tf r. Carrick went into
the ooach ; Mr. Annesley, Mr. Hacket, and
I, rode on horaeback ; when we bad gone n
little way, riding almost all three a-braast, 1
saw several people follow, and a fbllow camo
galloping after us : I heard the horse coming,
and 1 looked, and saw a feilow coming np with
a gun in his hand, in n green coat, and a losty
man. I aaid, 1 wondered what that man's
coming after us in that manner could mean.
So I drops behind Mr. Hacket and Mr. An-
nesley a little, and let the fellow come between
ns; became close up to Mr. Annesley, and
just as he^as dropping back, I ^ot up. Im-
mediately I heard the gun oook, as I thought,
and 1 instantly dropped betwixt him and Mr.
Annesley, and then Mr. Hacket and I called
pot, Mr. Annesley, You'll be shot ; get into thn
coach this minute, or this fellow will fire at
you. Mr. Annesley upon that alighted, and
got into the coach, aod the fellow said he was
going to Dublin. I spoke to the servants to
bid them not let the fellow come between them
and the coach, and said to Mr. Hacket, Let*ua
keep between him and the ooach to prevent
any mischief. When the fellow saw that, he
turned back again.

Wis he so near as to hear you give those
directions? — it was impossible he ooiud avoid il^
Mr. Mac Manut, Were there any otliera
that had arms besides thai man?— -There was
a country fellow by, that had a pistol, and
Lacy had a pistol too.

What happened after that ?— As soon as we
had secnrecl the coach, the fellow turned back,
and Lacy kept behind, and just as they um
the Naas people coming, they galloped up
again, and they went witn us to Naas.

What happened whon you came to NaasP
Tell what you observed tfatere.— Then w^camn
to examuM the man that had the gaoi aUri
R

Itt] 1« GEOKGE IL Trial o

Milt ftr tbe MfwcifK, mi immei U« to
•nmine tliat nai^i to lie wis Mked, Wbote

SIB that wasT He iftiil, Lord Anf^lcMa't.
e tlien was aikH, What was ba ta do wMi
it f He aaid, To.ftiltow Laey'adir^tioBa. He
thai was asked, What diraetionsr He aaid|
fie iaocied, in ease of Kacae» he was to nake
«ee of it. We asked, K Lacv g^ave kias aay
dnectkNis P^-He said, Yes. We asked Ikeo,
What diredioas? Befoie he coald aosweri
Laoy etepped i», aud bade Rial aol aaswev
aa y other queslkMi .

Did 700 giveL IB seewilv tbeie ?— Ko ; we
wm% iimm the jostiee ef peaoe, and gave ib

Mr. Digbv. Yob aaid «b«t Mr. Franda An-
aealey struck Mr. Mao Keraher P— Yea.

Did Mr. Mac Kercber, er ai)y body else^
strike Mr. ABoeslMT before be stmck mm ?«-*
Be did not, nor nobody eke.

Did Tou etribt him f—1 stmck hisi after he
struck Mr. Mae Keveher.

Witli wbat?^With a whip, apoo hisstA-
k«Mr. Mae Kareher.

Did yon apprehend the quarrel a continBed
•ae^ or thatit waa ceased f— The begiookMr of
the qoarrel wasw Mr. Jiae Kercher and ford
Angleaea'e spsalUDg together ( and aAsr Mr.
yrancjs Aaueslty stniek, it asassd for aboiK
Mro mimilea.

£Cros8*esaniiiation.] '

Mr.iSprA^. Plray, Mr, da yen rsaaHeot the

ertkiilar words lord Anglsssa inada oaa of to
r. Francis Anneslsy bme he ahmekyoBN—
G^09iry^ i did net kasw Mr. Anneriey at that
time, bat a genthmiaa said, that It was he that
dtruekne.

When laid Aiiff4saea wsad the approbrioM
laDgiiaga yea saeSleiied, did not he say la Mr.
Annesli^y There is ha that siraek yen f--l
cannot say that I did hsarhfan say that.

Were not yoa near him f— We werp sMeby
aide ; Mr. Francis Anncsley and I faoad Mr.
Mao Kercher.

Might not ha hare reeelped a Uowlironi yon
wilhoBt knowing whe ga»e hlni that blowP—
Yes, I belicTe he might; and dbl not knew, I
beliare^ that I strock him } I dun say he did
not sse me. because he ndafbrwardsta strike
Mr. Mao Keroher.

Da ynn believe he miglit hare aaknd my Wrd
who stmdc him P— I oan't tell. .

Was not he strad[ by Mr. KennadyAtthe
game tkna N-Be was not.

INd notMr.Mao Kercher lift his band in
thhi nmnner with his whip, npen his taUnng la
My laid AngleseaP-^No^ Sb*, he had hia whip
in one hand, and bridle in the other, and spoke
nsoaallT aaany manbtkewerkloanM; and
inibin bn went np, said, Hn wafdd have na

Did not he lift np the bntt and of hb wUpf
-*Hedid«atliftitnn.

Did net Mr. Mae Kenher apeak lanqrioril
ingliisia hi snch manner ae tended tan fcaach
«P Ae pm^nN^Hn dldnoti^ my 4MiiM|ja.

ofAngUiea anJToikattf [tM

Did nolhelell hkB, Madamd nataomnasidn
with hkn, after he had giinn him the liaP^Hn
did not, ontil my lord Anglesea had abnsai
him, and caHed bim names.

Were net yon eanlioued bv aanMbady not tn
gn la my kird Anglesea P*^ w o parssn tantionni
us not to go up to him, that I heard ef.

Did yen yooraelf caution Mr. Mae Ksfchcr
not to goP-*I did not.

Did not somebody, in your hesriag, tdl Mn
Man Keroher, it was your own iaidt, if jFoa
had taken my advice, this wonld not bare hap»
pened^^•No perasn laid him tiiat, thai I
knew of.

Do yoD knew Abraham RdbinsonP-*! dsu
It waa hla chaise carried Mr. Annesley to Naw^
bridge.

Mr. Httrwrnd. We have a vast nnater of
ether testimonies of the gentlemen of this coun-
try to examiaa aa to the assault, aad whbt hap^
nened at the Curragh, wliioh we shaH not trai»*>
Ue your kn^hip with, lor we bare now Isken
np six boors ef year time ; and the only ftir*
ther Of idenee that we shall Isv belbre yon la
eonchide this scene, is to introdqpe the peman,
who shall account for the premeditated con»
trifanoa ef this black sohem^; wbn the peraonn
were that were employed to execiila it ; whoon
diraotKNie they were to have obeyed ; and aM
the prepamtofy steps taben in erder to comn at
this ^^leasan's Hfe. We sbaH tronbia yon
bnl with this one witness ; and, as it is a matter
ef great ooneemment to the poblio to have de»
tested, and to my olieats in oarticnfaur, waahaH
erave ywoLt indnlgenca and patience to hear
this witness.

Anigiu Byrne swotn.

Mr. Harwmrd, Mr. Byrne, begm to giva nft
aecennt of what you know, aisi wdiat dhnetinna

C received, and what canversation passed
een yon and any other peraens at Kfll-
cullen-bridge. Do yon know timearl of An-
gleaea f-^ Yes.

Were ynu hnntsman to any naraan^ ani
whom P— I was, to tho enri of AnglessalBSt

Da yon knew Mr. lanaP^I do.

When were you huntsman to laid Anglsseaf
•-I parted from him the n4bth of March iMt,
Beater Satnrdsy waa the diy, at hia own honsn
alBmy.

Mow lan|^ havoyan knawvMr. JansP— Sis^
yearn, or thersabonts.

What b he to lord Angleas'a ^— I nlwnyB
Ibttnd him in the natore of an agent, ar n maa
to takeoamof kiabnrincas.

Yoa know MIehsel La^ P^-I^o.

What haa ha bnentokwd Anglasen during:
Ike timo yon knew MmP^InlbannlnMafn
hsnsa stewafd, and toaell my lord's woods*

Do yon remember any raoea » Hentomhm
ImtP^Ido. ^

WhsMP«-4t^tho Cumgh.

Now givoan acoonnt, vriialfaer jsn aaw thn
eari of Angleasa, Mr» Jane and Laey, bKbm

the inossattheCnrragh,at Ktlfettllen-bridn
M nojr pbMnf^'did. ^

M5J

Jbi^ nn AuihdL

ia, m^mm ytn im mm Ikmm^ wm9 %M
fnAiaHjr, fMm time to tale, dxy whm dijs

fim ttw tlram, isatil'jnNi CMDetoHMik
Witt, Sir. WediMiday.kiiifllwfirat ^
•r the roMinir^ i «mm to KiHeolto^biM^iii
ai»ut ten « efavM o^dook, and, M I «•■ |{oiaf

to the toabie, OY lord «i4 Air. iMi

Ga«aiB|jb^ d*or« M 1 pMKdhfthnn to

up aiy norm. In m«i« iImm after Jaaa

to BM to the stable, awl aalted iae« W hei^

had hacaf i iM Mm, I canv tan the

Mr,

■ay afWeadord. . fie aihed we, Bad I left
.4Mckmgkf I jald him, 1 had. Hethen

Fee «4nt raasea? Itold biia^Oa
aemi— i of a aore legthA 1 hady aad waa aal
ahie to *> wf Ihiaf. Upea that, heMid, I
•ai mute ytL lawtlnafr a great deal eftba
afieir (meaniag the Piateader, at lliej aattai
Inak) it \mild da great aerViae to tel to
what yaa kaaw af it. I eaid, 1 Imoar nolhiaf
al* it, at prpeeal, I gira aiy word. Saveha,
Yaa aaa be af airrjoe to my ford, if yoa
fileaae ;' yoa vfioet bare beard a great deal of it
I told biai, I did not hear a word efh, hot only
le&iaf aheto BKse, Mr. Qphslaogh asked me,
if I Eaew where he was, aad 1 told him I did
mat. And then Lacy aaaie vf, and Mr. Jaaa
meal ant ; and Lacy oame to me, aad aehad
na, Haw I did? Itold him. Very wall; and
with that 1 walked ont of the itdUe. Bftr. iaaa
dmiiiid bey to fkuAi me ia, and aMke\ me
drink | aoeordiagly I went la, got a drink, and
we oama to the Carfagh thm day.

Omrt. Who oame to the Carragh P^Mi-
chael Lacy and 1 legelher, and eaw the raa*
ning that day. There was no greatafMirt, and
Ihen 1 came hack to Coraoagb'f, aad lay tb^we
that night: And, lying there, 1 got up ia the
aorauig, and waat into the entry, mid lord
Angitnea saw ma ; ha was staadhqf ia the
haK'Side. So, Bvrae, eays he, bow are yea P
Fcry weM, my lord, eays I . I was a little angry
with you, sajTs he, I heard in Engkmd yon
aworaaomethiaffsagaiaatme,ahoatthat woama
callad lady iloMsea, and 1 find they are Hee,
and am aorry I ires eo long angry with yea.
Yon are oonae from WeilanI, what aews there P
i told htm, None strange. Says he, Yon shall
(fa hack to CamoKn again ; there are a good
neck at; honnds ibr yoa, hot ynar fnnwurite
bound Forrcater b dead. Yoa ean he of great
amiiaatome; IsimUpnyyonwbmloawyou,
and daabk thia ^nsnttty, and yoa sImII elay a
litlla, and Michael La^ will ets^ two ar three
^yoi for he has soma husmcm with you.
What HI it, my kmi, says 1 P Laey wiU tell
yon, aaya ha, Miow bis diraetieas. So thet
waarery well; myJord wenito Mr. Annee-
ley's to dinner at Hiallysaa^-*-—

Mr* iisitoardL Ware thare any promisea
nmda Yon at that time by any MyP^My
leed lam me^ ha wanM pay am what maney m
•wedaM.

IM haeay nalhing fiirtber?--&a mid, He
wonid pay am what ha awed ooe, aad daabia
the ^nanltty , and I ahaaU

Qaaa.i-««8a than my Itod Ireht la dinner at
Mr. Aaneskw'a aad emna af tim an* ef Iha

gentlemen, I do not kdow hosr amnv -i hat
fifr. Laejfv ifai ana Garensg b, 4 danabg-
asnKeisataal at the bridwe^ aad Laiy, aad
Ctrenagb, and esquire Bencelav dined togethaa.

CoHT^. Whet day was thia 9-^Tbmaday,
aaylonU

WeB, ca and— Then Laay oadensd ma to
gat my maaar, aad after 1 had diaedi them
was a sneaker of puncbi' mnl Bob Medldaa

aahi it In. >

moiV-The dtowaa. And aflcrthat Mr.
amlad ma itoaihapaiicinr, and made ■»

at the

i^acy

Whe did P***«Mr. Laoy and Mr. Barkator af
thaoemityaf €ario#| th^ garaaaaaarMI
glasses of wine each of them.-»Lacy aad I
tothe Carragh tin Fndatr>and wa
e Cara^ a gaod whito Wbre tha
; and aller thefimt hsnt wto aaer,*)
the horses were enurting the aaaobd litot, Mk
Leay aad 1 waaa Btandiag at the slartlng«pdst ;
says be, G— d, I'll bold yau. • arawn thai
yonder is Mae Keroher and 4ha praiender.
Wheia, aaya I f Than, s^ im. 8a they
peaeed up till they aame ainmat' fiwiag tha
staftiag»past, and tnradd off to the right td^
wards tba wiaatng-poel. Lasf aaid, he watoi
abewthemtome. With all my heart, asM f |
So wa rede aftar them and orasaed tbam» aad
mys ba, That's Mao Kerchar, aad that's Ifaa
pretealer; Would yon know them agaiBf I
wouM, to baaure, saya I. Take notice, mya hiL
that yan hnow them agaia. So wa crasaed
tbemagam; wacauM to tba star trag- post, and
the homm being startsd I rode to the round*
hill to eee tiw beat, aad when the heat waa
over, i went into a tentaad drenh e^oi of beer*

Mr. Hatmard. Whea Lscy desired yoa to
take notice of them, and asked whether f9k
weald not know tham again, wm there aay
tolk hettpeeo any pennne ahaat Moody neeetr
-i-Yes. He said. They wiU hare gaad laoii
if they hare not broken beat'a and Uaady
ames before Uiey leave this f^raaad.

Was that before, or after be dwired yen to
tidie notne of tfaera P— It Was after.

Now, go an So then, I teH yea, we eamd

to tlie starting^'post, and went ruMd tha oo«M J

and i went into a tent to drink, aad whia
wu there I hesld theta wm a quarrel; and
bearing that, I got up, and mw people gsl*
lopmg down toiraida Baliymaay ; aad whm
tha raaa waa over, I went to Garenagb's that
eight agam: 8a, camiag there, I did pat up
say harae, and had him tuined out to gram |
and my bird Antrim's keeper, i^thar Gooch»
metmes Wawantin and called fbrn bowl of
puach ; we dnmk aboat tba third part of itt
aad Mr. L^^ oame in. 8a, Angus ! mys kes
Year aervant, Mr. LMsy, will you sit dowui
mys I^ and takoaglnm of puacbP 1 aansehi,
mys be, with design to drink with you. So
wa drank till tba bawl was ont, and I caMed to
tha drawer to sataaother. Says Mr. Locy.
Angus, yon abdl dnak no n^ore, tor yoo thall

i«n

It GEOBGE IL Trial qftht EaH qfAnglesea and MerSf fStM

go l» M; I ebiM wmtjon m the nwniing
upoB CHMiibusiocn. 80 Im fraHtip ftiin
aad iftw Me f» to bed.

FmVf do you know of any pMlob or fire-
arms UMt were ai^bafffing thai night?—! will
lellyou by-and*bye.

Wdly go oo.-*Th«n, Sir, when f want to
bed I lay there till in the morning Lacy came
«nd«alM me up betwixt one and two o'clock ;
I got up and I dremed myself, and be waited
iail I dremed myaelf.

Court. What time did you go to bedP— 1
.vent la bed between 10 and 11 o'dock, I be-
lieve; I got op, he brought me down atairi into
, the kitchen, where Mr. Jans was, and several
other gentlemen, and fhey were char|nng
and priswig arms when I came mto the Itit*
cben.

• <Who were they P— -There was Mr. Jans,
CSavenagh the dandng-master, 4»ne Williama
«f Pioeadillyi a gentleman they called capt.
IBlrvart, and! my bird's nephew.
. What were they doing P— They were char-
ge and |>riflning of arms.

•What arBDsP— Pistols and small pieces.

What pieces P— A fusee, travelling pieces.

W^l, so on»«^Mr. Jans asked me. Would I
drink? 1 told him, I would; so the drawer
brongbtamngof ale, and Mr. Jans aflerwards
gave me a case of pistols. What am I to do
."With these P my s 1. You are to go ahmg, says
he^ with Mr. iMCVy and you are to take his
diractions, he'll tell you what to do. Then 1
Md him. My horse is at grass, 1 must send out
ibr him before I can go. Mr. Jans said, You
Mast ride my horse, i then called formy sar-
tont-coat. He said, I must not ride ui it, hot
go as I was, it will be cumbersome to you.

For what reason P--I cannot tell. So, with
4kat, tlie groom went out, and saddled^ Mr.
Jaos's horse, and the other hones, and Mn
Chapman my lord's gentleman, and Michael
Doyle the groom, and Mr. Lacy, and I went
ont. I got Mr. Jans's horse, and mounted him
in the^road at the end of the sUble, and they
all got on horse-back ; and as we got to the
door, there was a number of fellows with pitch-
forks and staves, 1 believe twenty of them ;
and we turned along the road towards Kinna ;
and when we came as far as Castlemsptio, then
leaked Lacy, Where we were going? He
IMid to Newbridge, to^take Mr. Mac Kercher,
Mr. Goostry, and Mr. Kennedy, ibr the as-
sault at the Curraffh> for striking Mr. Francis
Annesley and myloril. f said, I'm sorry you
did not tell me this before, for I am sorry to
j^ave any hand in it. Sure, said Lacy, you are
notai'raid, you need not fear, what are they to
Tou? What are you to expect from them?
If you wanted me to go with you, I'd go far-
ther than this with you. So we went for-
ward to Newbridge, and when we came near
the house, the signal was given, that none of
the fellows should spo to the hooscj but one
firennsn, a tenant of Mr. Anmisley's of Bsl-
lysax as 1 heard after, the constable, Mr.
Lacy, and I.

What was the osoatsible's name P«^I cannot
tell his name. 80 when vre went in. Lacy
went into a little room on the left-hand-side of
tile door, called for white-wine^ aaked me to
come in, and we drank it together ; and Bren*
nan and the constable went into a room on the
right-lmad as you go up stairs, and got alc»
and they were there tor a while; and by-and-bye
eomea down stairs Mr. Mac Kercber, abool
half an hour after we were there; andhecanse
down, and that time I pointed at the constable^
that, That was Mr. Mac Kercber, and the con-
atoble came up, and I aaid, That's he, that's
your prisoner, take him. 80 the constable
came op and said. You are the kmg's pn-
aooer. With that Lacy came out and loid
him he had a warrant againat him for an as-
sault on kMTd Anglesea; and Lacy end the
coniAable went op stain with him; I did not:
And the other gentlemen above stairs were
tsken. In about an hour Mr. Lacy sent Chap-
man and the gresm to my lord, to let him
know that they were taken; and Doyle the

Etiom left the gun and the pistol he had be-
nd, by Lacy V directions. So, in some time
after, I believe an hour, the gentlemen gol
into the ooadi, and Brennan got I>oyle's pis-
tol and put it in his bosom ; Mr. Lacy^ had
his case lu his pockets, and took the gun in hie
hand, and a quarter of a mile beyond. the
bridge gave me the gun.

How near the inn was this bridge ? — As near
as from this to the snarket house. So, a little
while after, as I said, he gare me the gun :
Here's this gun for you, says he, your bread
is baked, you shall be provided for while yon
live; and, says be, you are to use this thing,
fire at the pretender, be sure do not miss him ;
we have horses to carry us off, and never fear,
if we are taken, we'll make a rescue of it, we
have people enough here to prove it for us.

Repeat those words that be said, to you.—
Angus, says he, you shall be provided for,
your bread is baked, fire at him, and never
Mar, we have good horses to carry us off, and
if we ar^ taken, we'll make it a rescue, we
have people to prove it for us, and there is none
that ean^rove it jigainst us.

Mr. Harward, When he gaite you the gun,
what did he desire you to do ? — He desired me
to fire at Mr. Annesley. I will not, mys I, nor
have any hand in it for all the world.

What/ollowed after that?— I believe we
went about as far as .Morristown, when there
was a mob met us in the road. As soon as Mr.
Lacy mw them. They are coming, says he, to
rescue Mr. Annesley ; Now is your tinse. there
is no fear, "we can make it' a fiur rescue, and go
yon on one side of the coach, and 1*11 goon
the other, and if you mim him, I'll hit him.
With that he took my pistol out of my holster.
What. do you take my pistol for, said 1 ? He
said, You have another pistol, and we'll have
three shots a* piece, says be. I have it not, for
Brennan has it, says 1, and I will have no hanil
at all in any man's blood, and will not coosmit
morder, - Sol came opts the coach^dooT) tnd

8191

JbrtmAttauU.

A. D. 1744.

[tfO

he to the.otbcr, and I did do more, and be feU
Wcksgaio.

He mftde e fbrtlier applieatioii to joa when
be Mw tbe people oomiog firom towards Naaa 7
—Yea, be did.

Where waa Mr. Anncaley at tbia time, on
horaeback, oris tlie coach f»ln tbe ooacb.

How aooD before tbia, of aeeinff tbe people
eonolni^ Iram Naaa, wee it that Mr. Annealey
get into tbe teoach f — I beheve abont a miie be-
yond that place, wbere we aaw tbe people, bat
I cannot be aure.

Well now, while Lacy waa perauadtng yon
by tbcae indaeemcnti aad promiaea to ahoot
Mr. Annealey, pray how many milea might
yon have gone along with one another from
tbe fiiBt time that be begap to diaooter hia
mind, and give you'directiona ? — 1 believe near
tbtee milea fram Newbridge, better than half*
way, before the people from Nmaa met na, there
or tfaercabouta.

Yoa bad gene a mOe after Bfr. Aoneiley got
into the coach before yon aaw tbe people ?—
Yea.

Whereabonta waa it that Lacr fint applied la
TOO to peranade you to ahoot Mr. Annealey ? —
He began that minnte afler he gave me the
gnn, mid he held tbe diaoourae till Mr. An-
nealey went into the toach.

After tl^at did be renew bis applieationa ? —
He told me, that aare I did not fear, that 1
never waa a coward, and that ( need not f^r
DOW, and that I might be done for aa wdl aa
anv man of tbe world,

Bv whom, pray ? — Ho toU me by my lord

igU

Anglesea.

Was there any mention of any thing, upon
yonr refoaal to contri¥e yonr escape? — ^He
aaid, That 1 need not fear if he waa billed, for,
■avs he, we have two ffood horsea to carry ns
oftf and we ha? e three raota ••pieoe^ and aball
be brongbtoffin case we are taken.

By whoae meana did he promise yoo should
be osrried off? — He aaid these very worda;
when I told him I would not do it, nor haf e
any band in it, he aaid. You need not fear, for
yon'll be done for ; never fear.

Did yon get to Naaa f— Yea.

Were yon brooght to any magistrate there ?
— ^We were brought into the house of Drake
there, and I went out with tbe two iMMrsea to
the backside ; and I camein, aod gave the gun
to Drake to put up, and went into a atreet-
aeat, and called for some drink. So, in aome
time after tbe sovereign came, and examined.
Who gave me the gnnf I told them, Mr.
Lacv. Tbey aakad, if it waa my lonl'a gnn ?
I toM them, it waa.

Comri, And whoae waa it ?— -It waa my lord's.

How long have you known tbe gun P — 1
have known it theae aix yeara.

Js it a gnn of value f — It ia a acrew giu.

Did von ohaige that gmP-^It waa not I
ehargeoit

Do yoo know who did P— I cannot tall who
did.

Wdl| go oB««*8o than they aakad moi what

waa ItodowitbitP Why, aava I, I waa to be
directed by Mr. Lacy, and todo whirt bo would
have me. So tben,,liacy said, Yoo are oat ta tell
any thing to any man here. Then I ataid there
some time, and I thought to go back to Ktll^
cullen-bridge for my wallet; and my lord'a
man comes up to me to Drake*a booae, and
aaki, You must go to Dublin. Says I, John,
I'll not go. Says be, my lord says yoo muat
follow him to Rathcoole. So 1 went, and my
lord waa goinir off as I got there. Mr. Jana
gave me aahiUing to get my dinner, and Laey
staved with me. We went on to Dublio to-
ffomer, and 1 waa faired the next day by Lal^
m the aame wagea I had before from my loro.

Mr. HarwMurd, What da^ waa it lord Aiigle-
aea apqke to yon at JuUcnlien-bridge ?-«
Tbaioday.

Waa thia apart, or in tbe place he mat yon
in P—- In prl?4a, in the backaide ; I waaatand-
ing in the entry leading from the lutchcn, and
my lord waa in the baokaide ; be called me^
and aaid tbe words I have told yoo before.

Did be take yoo privately or not?— He look
me about aa far aa from thia to that door, into
the back-yard.

Waa anv person present when he spoke to
you P— Nobody waa there then.

. CcurL Youdidnotcbaif^eanyofthaarmaP
I did not.

• Do yon know, who charged tbe gon^— I
cannot tell.

Did not you see people chargmg anna that
^morning P — I aaw peaple in the kitchen ; they
were priming of them.

Did you see any body chaige them P — ^I saw
Mr. Jans cBaige them ; it waa he gave me the
oaae of piatola.

Mr. I}igb^, I woold ask him whether, ns
Jaiw gave him the piatola, he got any, and what
directiona from Jana P

Cottrt. He aaid, I was to follow Lacy'a "di-
rectiona, and I waa to follow what be bade me.
[Croaa-exammation.l

Mr. Afor^aa. Did yoo refuse Lacy to have
your hand in Mood P«— I did.

Did not you conaent to murder Mr. An-
nealey P— I never dad.

Did you not ride up to Mr. Hacket and Mr.
Annealey, with your gun reated upon yonr
saddle P<— I did, and had it tbia way on my
tbiffb.

On what account did yon do so P«— I rode op
aa Mr. Annealey waa going into the coach.

How did you hold the gun then P— It waa
upon my thigh.

Waa your nand upon the cock P — It waa.

Waa the gun cocked P— It waa not cocked ;
nor can I say that I dki cock it.

In what maoner did yoo hold tbe bridle
and the gan P — It was in my right band I had
my bridle ; I gave my whip to tbe constable,
thinking it too cumbersome ; I had rov right
band 00 the bridle, aad tbe lefl bad the gun
with my thumb on the cock.

Did yon oock up the gunP— I cannot aay
that I did oaak it up.

»l\ ISOEOROEIL Trial 0fih$XartqfAf^lesea end othen^ [Sfiff

Wm it eodMl ?^-I luul the 0OGk iMOf bMt,
•lid lei it do«m tgaia.

How long VMS tbi« btfore Mr. Aimeslej
wcBtiat* Ibe ceachf— JiMtiui be w«s going
to alifht

In DOW iMg time after did you tura back ?
A maDy one BeroflUd NeaU, caoie to me, and
l^ept me bade.

bow long ; half an boar was it ?— No ;
«nly the coMh went on a little before us.

Did you go lirom Newbridge with an intent
lo goard them f — 1 did.

How near did yoii ride to the oonoh all
^eng» till yon met the peopler' Sometimoi
aearyond aemelMws at • diataiieoi and wan not
atiore fifty ora hnndfed yanlsnt the iBostfcom
it; never fnrther, bat sometimes nearsr.

How many serrants attended Mr. Mao Ker-
ohcrand bu company P<^ cannot tell; lieok
notkseof one that kej^ by the ooaeb-dDor aM
the way ; than was snobannmborof peofde
nUog tno rood, that I «oold not tdl wbish were
serfsntSy and whKeh net.

How many people might there be in aU f ^
Agoodmany, I cannot tell thennmber; I
belieire the matter of thirty or forty in all.
. Whatnmnbei attended thess gentlemen atong
with yon and Lacy to Morristown P— They at*
tended them as wml as I, and wentnllthe way
toNaas.

Did not yon ride in company with them to
Morristown ?— I did.

Where and when then had Lacy thefrMptent
cppoiianitim yon mention^ to make the appli-
cations to you to take away Mr. Annesiey's
lifeN— WhT» becanie we kept company to*
Ipether all along, and the net went on beibte ns ;
we went slow as our horses could «alk; the
leonstsUe was on one side aloD|f the eoacb com-
wonly, and Brennan was boftore, and I cqi^l
no notice of tbn rest one above another.

N6w, Sir, I wonhl ask ycii» did jiot yon,
betwujun Newbridge and Morristown, f reqooilly
ride up to tfie coach, andjosi behind it?— 1
did.

With Lacy r— Yes; andheandlwcM
dnntly togettier.

Mr. Spring, How fiur is Kmna ftom
martm r-«^boot half n mBe $ it is net a mile

Clft.

Did yon not ask La^ thefe, what it was
you were going upon ?— 1 did.

Did not he tell yon, to arrast the ^tiemen
for assaahing my lord Aoglssea ?— Be did.

Was any beify in convetsatien with you ?
—Nobody was by.

Was not Chapman with yen ?^Hc was be-
IbreilB.

Now, did Lacy at that lime comnuinicate to
yon any dmign of taking Mr. Annmley *8 fife ?
— >Not at that time, be did net.

When, then?-.Not till I went ever the
bridge, and be gave me the gno.

Imw ftr were you from the bridge of New-
bridge, at the time of bis giving yon Che gun ?-*-
Just beyond it^ at the two cabfaioBthat are
there.

Hew many yards do yon think it wnsr-*-i
caoDot tell the number of yaids.

You know where Sing lives over the way ?
— Ido. ^

Was it as many yards ss bis house from
this ?— I cannot tell yon to the number of
vards; but it was just at the house on the right

Are the cabbies from the bridge larthor than
the houses over the way trom thiscowrt-hoose f
^1 cannot tell that $ but it is hard by the bridge.

At the time that he gave you the gun, was
the coach on befinv yon ?^-4i was.

How tar?— Just ^brc ns^ and we rode o^
to it.

Wove nil the other attendants behind thn
ceach at this timef— -Some behind and soom
before.

Were not th# grenter part of them bebied?
—I do not know, tor 1 uorer minded to reckon
them.

Did not they all leave the inn nloi^ with
your— 4ciinnotteU.

Did not a great many of them F— Yes, n
great many ; I do not know thennmber.

Did you perceive any body near you, whe«
I^Msy gafe you this ffua between the bri4gn
and the houses P— 1 do not know i I believe
there was people, to be sure.

Well then, did he tell youthen yonffereto
•take away Mr. Annesley *s life ?— fiefinn I went
th^ee hundred yards Myond it he did.

You irent firom^ Bathcoo^e to Dublin with
him ? — I did.

Yo9 were hired in Dublin?— I was, by Lacy,
for lord Anglesea.

Did yon, when yon were Ured, go to lord
Anglesea's house?— 1 did not go to lord Anglo-
sea's house, but kept my borne upon the Mer-
chant-Quay at my lord's inn, and there kept
for a week.

Where did you go from that inn P— 'I went
ra the BoU's Hea4, in '" " '

there.

Abbey-street, and kepi

Where did you go from thatP^I went U>
my service } twc di^s beibre Christmas-eve I
left town.

Where did you ffo to?* •! went to Camdin ;
my lord gave me his houuds and my own horse,
and said. There was another mare, a black
chaiso-mare I might ride ; but 1 did not liim
her, and I took my own horse.

How leng did you stay there ?-rI stayed
there till llaroh, tiU after the nssines of Naas,
and that I heard there that 1 was indicted, and
that La<7 was cf me home ; I said it was very
hard I should be obliged to run my country,
when I bad done nothing to deserve it.

How came vou lo leave my hNrd*s ssrvice f
1 asked Licy finit for money to buy shoee, and
he would give mo none ; I then said, 1 wookl
sUy no loogeri deliver^ op the liounds lo the
keeper, and' the horse, and so came to Mkshael
Lacy's house in Camolin, got ia dram theiy,
and cnmo towalds JDobliii, and lay at Bray,
and came the next day to Dublin, and pet op
mylMNe«tlhe1M»»|linslar. lien I went

8»]

JttMAitaklh

A. 0. 1744.

[954

to my \miS hwHt » md wien I saw mj lent,
be Mked o^ Whirt I cmm there for M ftoM
kiiD, I bed neither elothes nor money, and in
dread of the indieUiicnt found afahwt meat the
aasmcB. WeH^ aaya he, alay in town a KttJe,
and go (o Camolin, and briog^ upsonie honndt
that I ha?e oiven to m lord Tyrone; and
asked me» if Fortnne^ hennd was at home F
and aaidy Fortnoe he wonM not gifo hinK
And one morning, when my lord wont to
Bmy« I went to him for tome money, and
found he was i^eae; and I went to him to
Doonyhroolc : Sure, says I to one of the ser-
Tants, he wonM not go, and not loave bm
money ! Go to Donnvbraok, sayobe, and jbo'll
meat him theie $ Ws gone in a hacfney-
eoach, and is waiting till his own is ready.
I aocordingly went and met him, and I walked
m my boeto. He asked, What bcooght me
there, and made me wear hooto? 1 toM him,
Becaase I had no shoes, nor mone^ to bar
any, and came to get some from him* He
swofs hn would gire me none; and saaing
that, 1 asked the conebman to carry mo to
Dablin. My lord said. Do not go ; Ond mid«
He wonid give me half a guinea, and bid me
Ibttow hhn to Bray, and that 1 shonld tfieogo
to Cmnolin, and carry the bound to my lord
TvroDe ; and then he would mrim a present
of me and some hounds to some gentleman in
Eoghind. After this, Joe the coachman told
him 1 made a great noise for monev in Dub-
lin ; so my lord caarie out again, and called me
Mr. Byrne ; when he called me Mr. I thought
he was angry witn mc, and he came and gave
me a ohu» under the chin, and said, You vil«
lain, do you make m noise about my house ?
get about your business. Green, bis nephew,
bade me not go away, hot to beg pardon, and
I'd getlialf a guinea ; and afterwards mr lord
came out and gave me half m guinea ; and, Fol-
tow asefo Bray, saya be.

Did you ever threaten my lord, and tdl him,
It ahould be worse for him if he did not pay
your wagetf— I never did.

Do you know Thoosas Stanley ?-^l do.

Is he any rektton to your wife f— I do not
kaow hut he wan a retatkm of my wife't.

What character has he ?— Aye^ aye^ he is a
Vity honest man.

Mr. Spring. I desve the jury may toke
iMliee*hesays Stanley is avery honest roan.

Mr. Ifnc ManMu. He dojea so; but every
body may easily see in what mamner Im

Witnm. But he is a noted viHaln in DiAlin,
•ad aa any man in Ireland.

Do yon know Mr. Franeis ADBcaley?*«l do
rery well.

Had you any conversation with him return-
ittg from the W«Eford assises about lord An-

e'esca f---l had ; I told him at Rillcullen-
idge the groas usage I had fram my lord,
that I got no money ; and he said he would
speak to eounseHor Annesley ; and, says he,
you shall be ordered your wages.
Did net yon make nso of some threatcring

cippsnlans IF you were not paid^-»I made no
use of any threateniag expressions.

Woto you over in Bnglaad P—I was.

Bow fong* was it that you went thero after
this conversation ?*->Ahoot a month, I am sure ;
i cannot teH what time, for I have not the day
of the month ; I went soon after, but cannot
IsU the time.

What buainen carried you to Bngland f — I
istt yosk First, 1 went tbero to see two sisters
I have married there, and a brother I hovu
married there. Secondly, i was m dread of
these indictments, and as 1 was bred and bora
in thin country, and not noted for any thing
that was bad, I went to Bngland to beg tbo
gentlemen's pardons, and try if I could clear

In what part of England are your aislers and
bfother P—I have a brother lives m the Coal-

¥ard, he is in the guards ; one of my sisters
lives at St. Mary Axe, next door to the Hoop
and Qrapes i the other siotor is married to a
chairman.

Was not this in Aprfl yon went overf — I
cannot awear tothe month, nor the day I Idh
Imland.

How many weeks after yon left lord An*
glesaa were you m Dublin f — I cannot teU.

Waa it a month P— I cannot swear; Ib^evft
itwnaamoBtb.

Do vou know Mr. MHCercher f •— I do.
. Did yom see him in Bngland P— I did, in
London.

How hmg WON yon in London beftnro yon
saw him ?— I believe ten days before I seed
him.

Were yon Inquired after by him, or did
ou etMimmfor himf— Indosd I enquired for
lim.

When yon met hhn, ^d not you give bin
the account you have mentioned here ?-<-I gave
him no account; I gave them to a gentfemasi
thait drew them in Dublin.

What gentleman f —To the best of mf
knowMse his name Is Baily.

Far mat veaaon was it that you never dia«>
ckiasd the matter till April f — I would not tben^
but only that tbeindietmcnto were found againsl
me in the county of Kildare.

Who id Baily f— An attorney.

Where doaaVe live?— I cannot tell the phwe;
to the best of nsy knoivledge bo Ures in Qol^
den-lane.

Is not he now inthls touniN^ I cannot tell j
I have not seen him to my knowledge.

Where do you say he nves f<^Tb the bcftof
my knowledge his office is in OoMen-hne,

IS he a young man, or midd|e<igedf — Ho id

How came you to find himf— ^ sent a man
for^tm.

Were yon acquainted with him thenf^-*I
was acquainted with him two days or three be«
fore. *

How came you acqaainteil with hioi fr-A
friend of mine rreommend^ ma to him, that

£55]

IS OEOROE n. iSrkl a

he WM fit ibr my terfice, tbal I dkwM cflipbj
him ta give m v teitimoiiy.

Where did ne draw tbii tgetimony foryou ?
—He drew it for me in the houeeof BMert
Kranedy on the Blind-Qoey.
. Who wee preteniwben be drew it?-~No-
body was preeent bat himeelf and me.

n ho wrote the wordi yon taid ?— *Be is the
person that wrote the woras himself.

Was Mr. Mao Kercher in England when
this was done ?— He was.

Was there no draught of what yon had lo
say drawn by your directions before Mr. Baily
drew that, by any one elseP-^l had myanT
drawn one before tnat.
By whom P— I do not icnow the man*
Where was it drawn ?— At Mr. Robert Ken-
aedy's.

The first time f^The first time and aeooud
time too.

Did yon shew Mr. Baily any drangfat, but
what you gave oat of your month P— Idid not,
8ir.

What did yon do with your first drught P-^
It was tore to pieces.

Had you any paper drawn for you in Eng*
'land P— Mot for me» indeed.

Ha?e you any paper of instructions about
you what yon were to swear? — 1 hare not.

Did you swear to the examinations you gave
in this kingdom P— I did.

Before whom?— I do not know the master
in Chapceryi I fomt his name.

Where does he liTeP— He Uves about Chan-
oerv-lane.

Is Mr. Baily here P— I cannot say that he is
here.

Who advised yon to go to that master in
Chancery P— Myself.

l>id any body attend you there ?— Mr. Baily
attended me.
Did he read it and sign it P — He did. ,
Who paid for that swearinffP— I did ; I bor-
rowed the money from Mr. Robert ELennedy.
Where did you live from the time you left
lord Anglcseatill you lived with him again P—
I lived with Mr. Colclough, and Mr. Gerard ior
Dublin, and Mr. Marsh.

How long did you live with Mr. Colclough ?
•^-About seven months.

Where did you live after thatP-— Lord An*
glesea pot me in the Marshalsea.

For what?— I will tell you for what 1
came to demand my wages and my wife's
wages, that lived with him seven months, and
my lord would give me no money at Bray, but
said, my wife waa the vilest woman upon
(Hurth ; and I said I was very sorry bis lordship
thought so ; and he gave me asbake, and Mid,
my children were not my owd.

But what did he put you in the Marshalsea
Ibr?— He put me in for a sham writ for 50/*
f nd*I cannot tell what*

Did you owe him any mo9eyP**-No; I
owed him none ; he owed me my own and my
wife*s wages.
Boir long w^ it after that you were to kill

tea and otherSf [856

Mr. Anncsley ?*«-It isneartjbrea years; th«
latter end of ibis month it will be three years.

Court. What was the reason of yoor giving
your whip to the constable P— Because that I
could not keep the whip, the gun and bridle in
one hand.

How loQ^ had von had the gon before yoa
gave the whip to.tne oonetable P— I did not go,
I believoy a quarter of a mile» before I gave it
lohiiii.

Yoa carried them that way P— I did ; but
they were troubleMMse to me.

ion pat the gun, you say, out of your
right hand into the left P— 1 did.

For what reason P — ^Mr. Lacy was st me to
firci I would not, and 1 did it to let the cook
down again.

Are yoo rigbtr handed P— I am, my lord.

When you go a fowling, on which side do
yon pat your gun P— On my right

Always P— Always, my lord.

Your gan was at first held upwards ?— Yea.

Did you after that level it?— 1 held it tliis
way ; directly foreanent the coadb-door tlie
gun noittted.

When you shifted the gun out of your right
band into your left, and Isid it upon your thigh,
how stood the rousBzle ?•*— It stood this way.

Did it point towards Mr. Haeket or Mr. An*
nesley P*-l cannot tell $ but I had it this way
fiuiing the coach door.

Did von never rest it upon the pommel of
the saddle? — I shifted it backwards and tor-
wards.

After you told. Lainr you would not be con-
cerned in blood, how long did you continue to
ride with him ?— All along.

Did you see Mr. Annesley alight P — I did.

Who waa by him then?— 1 cannot tell the
man's name.

What posture had yon the gun iqp— This
way. [Holding it in his left band, with the
muzzle cocked upwards upon bis arm.]

Mr. Horward. My lord's housersteward,
Michael Lacy, is indicted, we have had war-
rants against him, and cannot find him ; I want
to know from this witness, where this Michael
Lacy now is, in whose service,] or upon whose
estate he lives.

Mr. Malone, He is now in this town, and
you shall have him.

Mr. Uurward, Pray, gentlemen, whore
is he?

Mr. Molone, You shall have him \ we will
bring him hither belbre this trial is over. [He
never wss produced.]

Angus Byrne, I shall wait three hours ia
court till I see him and talk to him. *

State of the Case.

. BIr. Spring* May it please vonr lordship
and yon g)»nU^men of the jury, 1 am of coun-
sel with the noble earl and the other travensra
of these several indictments.

The traversers, my lord, stand charged with
a crime, which upon the face of the indictmente
appeals lo be no more than an ordinary aa*

257]

Jbr an Assauk*

A. D. 1744.

[S5S

sauh; but thb oifimoe, though in its nature
one of the lowest irhich tlie law takea notice of,
baa by infioite akUl aod addresa been heightened
into a crime of a moat euormoua aize ; but I
hope we ahall be able to shew to your lorcUliip
and thp gentlemen of the jury, that there ia
not the least foondatioo in truth for the light
in which the counsel for the prusecu^ra hate
endeavoured to nut tliis transaction.

Our caae, my lord, will appear to be thia ;
tbat the noble earl aod his friendly, who are
now upon their trials, happened to be on the
16th of September last on the Curragh of Kil-
dare, to partake of the diversions of the place :
thither repairs Mr. Jamea Annesley, attended
by hisfrienda, Mr. Mac Rercher, aod the other
prosecutors, whether witli intent to meet the
earl, and take hold of any occasion that might
offer of a quarrel with him, their subsequent
behaTionr will best explain.

The earl and his friends will appear to your
lordabip to have repaired to this race- place
without any preparation for what they did not
expect, a battle ; they all go unarmed, as gen-
tlemen alwaya do to a horse- race, when no-
thing is intended but to partake of the diirer*
aiona of the day.

The prosecutor^ one of whom had, as it is
pretended, received ill treatment two days be*
fore from the earl, and had conaeqoently reason
to apprehend the like treatment upon the next
interview, go to tbat very place, where they
were thus iU need, and where it waa very no-
torious the earl was : but they go firepared for
every e?ent, prepared for that skirmish, which
they had reaaon to expect from the earJ*s pre-
tended mtsbebavionr of the 14th ; they go in a
hostile manner, interrorem populi^ no less than
five or six of them armed with awonl and pistpl,
attended by a numerous train of aervaots armed
in like manner with pistols, cutting swords,
carbines and blunderbusaes; they go thus armed
and attended to see a common horse- race. A
race, my lord, is a place of entertainment, to
whi<^ gentlemen repair witiiout any such hos-
tile preparationa : I cannot tell indeed what may
be done in North- Britain, but in England and
Jrelaod we have no such custom ; the usual
manner of riding to races, is on a hunting-
saddle, and with a snaffle bit.

It will appear, my lord, by positive testi-
mony, that the words charged on lord Arigle-
sea, of the 14th of September, as spoken to
Mr. Hte Kercher ; ^* He is a dog, a scoundrel,
a Tillain, and the poat you see on his back, [
saw not a month ago in Monmouth-street,"
wereflot the words of' lord Aoglesea, they were
words uttered by another person. These gen-
tlemen, two days after these words they com-
plain of were spoken, repaired to this same
Curragh. And here I most beg leave once
more to observe a circnmstauce in itself most
extraordinary : that the prosecutors^ aware of
ill-treatment, aware that my lord Anglesea in-
toided to breed a quarrel with them, alarmed,
as they pretend, with the grossest insolence
tbat could be offered to a gentjemu) and a man

VOL, XVIIL

of honour, go to the same place ^here the j
apprehended they had reaaon to expect the like
or worse treatment. It might be expected, if
these gentlemen had not imagined they might
have derived aome benefit, some reputation to
their cause, I mean to Mr. Annesley 's claim
to the earidom and estate of Anglesea, that
they might have avoided a quarrel witti the
carl, however diaposed he might have been to
enter into one ; but these gentlemen, who had .
nothing in view but a quarrel, go there de-
signetlty to seek one, which they at last brought^
upon themselves by their own means, and
without even the concurrence of the earl.

It will appear to your lordship, tbat these
gentlemen, taking some offence at some ex-
pressions cbsrged upon the coachman of lord
Anglesea, taking offence at hia driving on tha
plain, aa he had a right to do, go to my lord '
find demand public satisfaction tor the offence
his coachman had given, by stripping him in
the field. It will a ppear that Mr . jVIac Kercher
seeks out for lord Anglesea, whom with diffi-
culty he found ; that he was cautioned and ad- .
vised not to do it; yet it will appear that he
goes to lord Anglesea ; that he, who is tha
known suppofter of Mr. Annesley, calls to lord
Anglesea for public satisfsction for an injury
not done to himself* but to another ; that aa the
champion of Mr. Annesley, considering him-
self as well the guardian of this gentleman's
honour, as the asseiter of his right, he went
up towards my lord, and, in a menaciDg and
vidlent manner, forces through a crowd, and
then, with his whip lifted up ready to strike,
cried out. My lord, yop will not turn him off!
step aside with me. Lord Anglesea, who knew
the man and his business, which, considering
all circumstances, could be nothing but to
quarrel, endeavours to avoid this quarrel, de-
clines going, and soys to hini> Sir, you can
have no business with me ; and if you have,
this is no proper place to talk about it. Mr.
Mao Kercher says, I have no businesa hut
what may be done here, everv place ia proper.
My lord then enquires what he wanted, and ia
answered. My business is about your coach-
man, who has affronted a gentleman on the
field. My loni asks. Who is the gentleman f
lie is told the gentleman is this very person
thus claiming his honour and estate; and that,\
as the affront has been public, the satisfaction
must be adequate, and you must strip your
servant, aod turn him off directly, and dri?e
yourself home. My lord, this treatment, which
will appear to have been attended with circum •
stances sufficient to aggravate it, if it had been
quite of another nature, will appear to be the
occasion of the quarrel ; it will appear that
lord Anglesea declined this combat, to which
he was very unequal, aa he was not armed,
and to which he was not obliged to expose
himself: ho refuses, my lonl, to turn V>ff his
servant. Mr. Mac Kercher resents this; he
raiijos his whip in a threatening roauoer, and •
loudly demands satisfaction. 1 nad almost foi^-
got saying, that, during his whole oonrersa-

ssgj

18 GEORGE IL Trial of the Earl ofAngUsea and othirs, [260

tioD, bo heM bis wbip o?er the carl's bead.
These circumstances and nnenaces will appear,
i apprehend, to be no less in point of law^than
that he first assaulted lord An|;1esea. Then it
will appear that Mr. Francis Annesley, the
friend and relation of Idrd Anglesea, who saw
the head of his fannily, his friend and landlord,
thus assaulted, gives Mr. Mac Kercber a blow.
It will appear, that though lord Anglesca did
not strike Mr. Mac Kercher, vet Mr. Mac-
Kercher struck him and broke his head. Mr.
Annesley stands- indicted for assault! n«f not
only Mr. Mac Kercher, but all the other pro-
secutors : it M'ill appear that lie, upon the
cifinff of this blow, received two blows, one
from Mr. Goostry, and one A'om Mr, Kennedy,
and both behind his back. My lord, Mr. An-
nesley will appear to have been thus assaulted
by those two persons, and yet this is be that is
indicted for assaulting Mr. Gooslry and Mr.
Kennedy. It will appear that Mr. Annesley
called out, and desired to know who had struck
bim ; and being informed who they were, then,
and not till then, retmned the blows. With
respect to Mr. Jaas, it will appear that he is
the agent of lord Aoglesea, that be saw his
employer, we may caU bim bis mbster, struck
and affronted ; and that will be a proper de>
fence for him. As to the assault upon Mr.
James Annesley, there is no evidence of any
such assault. I shall jpre your lordship no
further trouble at this traie. If I have omilted
any thin^ material, there are other gentlemen
joined with me in this service, who will sup-
ply ray want of recolleetioo.

Mr. Morgan* I beKeve this is our time to
have the benefit of the testimony of some of
the traversers in favour of others of them. As
to the iadictment fur assaulting Mr. Mac
Kercher, lord Anglesea, Bfr. Francis Annesley,
Mr. Jans and Lacv stand charged with that in-
dictnoent ; and I beg leave ta appeal to your
lordship's notes, whether there oe liny colour
(from the evideoee given on behalf of the crown)
lor this indictmeot as against Mr. Annesley and
Mr. Jans ; and therefore hope that they only
will now be given in charge to the jury, and
that the jury may be directed to bring in tbetr
verdict as to them, in order; that if they be ac>
quitted upon that indictment, my lord Angiesea
may have the benefit of their testimony upon
the same. When that is done, we shall beg
leave to proceed in like manner upon the several
other Indictments, as to such of the gentlemen
as we apprehend have not been affected by the
evidence given on behalf of the crown.

Court. Upon the whole evidence, I take it,
that the assault upon Mr. Mac Kercher stands
•Iready proved against Mr. Francia Annesfey
only, by Mr. Mae Kercber, Mr.^ Kennedy and
Mr. Goostry; the assault upon Mr. Kisnuedy
atands proved against lord Anglesea and Mr.
Jans, by Mr. Kennedy and Mr. Aichboid : aa
to the aasairit npon Mr. Goostry, the only per-
son that speaks to that is Mr. Goostry himself,
who says, Mr. Annesley struck him with bis
whip t»o nmttte»«fter be bad struck Mr. An-

nesley ; so that npon that indictment Mr.
Annesley is not guilty in my apprehension, and
may be adnnfitted as evidence to that.

Mr. Harward. 1 do not know, my lord, what
those gentlemen would be at ; I apprehend tbe
practice they would introduce is new and un-
warranted. Here are in each of these indict-
ments my lord Anglesea, Mr. Jans, Mr. Fran-
cis Annesley, and tbe out-sty ding man in-
dicted ; there are four of them in each indict-
ment.——

Court. It is my opinion, tbe gentlennen of
counsel tbr the traversers may separate the in*
dictments.

Mr. Harvard, My lord, I do admit tli«
practice to be, that where it baa appeared to
the Court upon the trial, that all the persons
wtto could give any acconnt of the offence have
been indicted, or bilto have been found against
all tbe persons present when tbe offence was
committed : if it appears upon tbe trial, thai
some of those persons have not been gdill^ of lbs
offence, for which they were indicted, I eanuot
say, but it may be the practice in such a case
to separate the indictments, and permit such aa
shall be f>und not guilty to give testimony fbr
tbe rest, who happen to be indicted ; and that
may be reasonable from th» necessity of ths
thing, sa there can be no other evidence for the
traversers, there being no other persons present
at the time of committing tbe offence ; other*
wise the consequence might be, that all would
be found guilty where the ofience was private-
ly committed, thoogb, in fact, some of them
were innocent. But where the offence has
been combiitted before thousands, as here, and
I that four persons only are indicted fbr this, and
that after six hours examination it does appear
most evidently, that each of these four have
had a hand in the general affray, though not in
the assault of every of the prosecutors, 1 would
submit it, if that lie such a case, as from tbe
necessity and nature of it, where there can be
no want of other indifferent witnesses presumed,
the Court will permit that one of them should
be at liberty to give evidence for tbe other.
The consequence of it may be, that they may
acquit each other of tbe several indictments,
and they are not such equal and indifferent
witnesses as the law requires, each of them
being proved to have had some band in one
part or other of this general affray, though not
m the actual assault of every of the prosecu-
tors, and tbe evidence in tbe whole reaches
every one of the traversers. Can it be said,
that those gentlemen, against each of whom
evidence has been given, are so unbiassed
as to be fit persons to be examined as evidence
in tbe case of each other? I humbly appre-
hend not; and that it may- be an inlet to per-
jury, and in great measure defeat the end of aK
public prosecutions ibr the breach of the peace.
1 beg leave tossy, that lord Anglesea' is guilte
of the assault upon each of tbe prosecutors : it
hsa been sworn that he cried out. Knock tbem
down, knock them down. By those words he
is s tnspaSMr agaieit tftry man that was

fvf an Astihdt*

A. D. 1744.

[268

ioMNdced 4tmu tbere. I ftpprebend the law to
be« UmI be who directs a man to be knocked
<kiwB is a prineipal, as well as tbe roan wbo
comaits tbe faet. Has it not been sworn, that
he od only eneonraged, but also gave direc-
tions lo pursue Mr. Ann^sley ? — Why, then, as
to Mr. Anoesley of Bally sax, does it not appear
erid^tly, tbal be was tbe person wbo rushed
out opoo Mr. Mac KiRrcber and struck biro,
and tbat afterwards be fell upon Mr. Goostry '
2 think there can be no doubt but that mv lord
Aagfaeca aod Mr. Jans have been most (toeply
coDcemed io Ibis whole affray , not only of as-
•auhinir Mr. Mao Kercber, but also of the
rcsC When my k»rd was told by Mr. Mac
Keraher, Tbat he dare not ibr his soul single
binedf eat; Mr. Jans said. Sure you would
nel do it ; ate there not enough of us here to
go ootaod to fight biro ?

CaurU Upon three of these indiotments there
bas been no evidence given that can ailect Mr.
Francis Anoeeley, and therefore he is at liberty
to be enraioed.

Mr. Hmw9if4> My lord, I humbly appre-
hend, tbal neither Mr. Annesley nor any of
the trarefsers have the liberty to be exaromed
nntil they are acquitted. I apprehend^ though
they may not be aflected' by evidence oo this
or that particular indictment, tbat they are not
thereby deaied of this oharge ; because the
geolleaieD of the jury are lo consider upon the
dreooistattees and the evidence of this whole
case, wbetfaer they are all guilty or not ? Aod
Ibe Court are no judges of facts, tbe jury
nost determine, and are the proper judges of
them.

Cmuri. But you will allow the judge to
My, tbat there has been oo evidence of such or
a«cb a kind given tbat can affect such or such
a peraoD?

Mr. Harmard, That J do not dispute, my
kwd ; bat what I say is true in point of law,
tbat tbe Court have nothing to do with tbe de-
termiaation of tbe fact ; that is to be left to the
jury ; and if ao, why then, i say, tbat in this
case, tbe Court cannot foresee wbo shall be
Ibttod guilty upon this or tbat indictment^ and
wbo not:

Omrt. Why, shall I not tell tbe jury, that
there is oo evtdeaoe against such or such a
persoo, and tbat they ought to be acquitted ?

Mr. JBorward Yon certainly will, my lord :
but, setwitbstanding tbat directioa, may not
tbe joty be of another opinion concerning this
matter, and may they not conceive, that all
those people in general have been guilty, though
no endeoce appears against Mr. Anaeslev in
particiilar ? Uaqucationably they may. ^fow,
if it abooM be done, perhaps your lordship will
not fine them above a peony, unless tbe jury
can aiiisiy the Court, tbat they went upon
their own Knowledge from the whole evideoce,
which, in ail probuiility, some of them will in
tbe pteaent case. 8o that thev are the judges
of tnntet; and, if ao, 1 woidd submit it, w-be*
tber or no the Court can say, in a case of tbat
naittin» wewili letoneof yon be eridance for

another, and so tbe third for the fourth, and by
that means shift aod help one another quite out
of this prosecution f

Court, 1 am greatly surprised tbat tbe time
of tlie Court is taken up wiib couteoding about
this fact of separating the indictincois. You
have debated it before, aod it was oitituully
agreed, tbat tbat point should be given to
them. For my part, I tbink in point of law
they 'have a right to insist upon tbat)and when
it was sgreed upon that they should be allowed
it, I thought that method was couie into in
order to save time. The argument wbicb is
insisted upon, that where an indictment is laid
against a person $imul cum others, they shall
be all tried together, concludes agaiust that
which I have known done over and over again,
and which hardly ^scapes ever lieing done io
case of an action of assault against A, with
$unul cum other people.

AiL Gem, Here ia ao indictment against
h>rd Anglesea, Mr. Francis Annesley, and Mr.
Jans, for an assault, suppose, agaiost Mr.
Goostry ; has not any one of these three persons
a right to say Mr. /ans is put here to cut me
out of my evidence P They certainly have. I
desire that Mr. Jans may be first tried, and
that his indictnoent roav be disposed of before
any other proceedings be had against the other
two ; that if he be acquitted, he may be evi-
dence for them. And as this would be the law
and the consequence in the case of a traverse,
so the law would be tbe same in any other
case. Why then, this is dear tbat the agree-
ment has passed in this manner ; the gen-
tlemen of counsel for the traversers made their
objectiona to the indictmepts being tried toge-
ther, and [those on the other side replied.
What was their answer? It wss, that where
this or that person was not convicted on any
one indictment, lie should be at liberty to give
bis evidence for the others on that indictment.

Mr. Mac Manus. Here are four several in-
dictments against the traversers at the bar for
four assaults ; and they are jointly charged in
each iodictmeot.-^— And w.here an' offeuce
arises from a joint act^ which is in itself crimi-
nal, the defendants may be indicted jointly and
severally, as that they, and each of theroi did
so and so, or jointly only, feki is the Jaw.
Now, my lord, consider, how it has appeared
in evidence ; it has most fully and cleany ap-
peared, that all parties indicted have, one and
all, jointly contributed to this unlawful act ;
and please to consider the objectioo these gen*
tiemen make, that if they are deprived of this
beoefit, they may want the most proper and
material evidence fortbeir defeoce; as if some
persons might have been her6 indicted in order
to take off their testimony. Your lordship will
please to observe where this action arose, at the
Curragh of Kildare, a public place, w^ere
there were a multitude of people assembled;
so that there could be no detect ot' testiuiony at
all on their side, if any penons did or could see
or bear any tiling for their service ; and nom«
bera of penons did and most have aecn this

i09]

1 n GEORGE 11. Trial of the Earl of Anglesea and others^ [264

whole trannetion ; carkMity, bifmaDity, or |
•ome other motive, must have engaged every
6ye and every ear. Tbeo, where there were
so many wiiuesaee that might be had npon i
this occasion, who would either ▼okintarily, or
roig;ht hare been compelied to come, if mate-
rial ; there can be no complaint Of want of eri-
dence, or that the prosecutors have taken this
method to deprive them of their testiroonv.
And, my lord, these indictments were of tiie
last assizes, so there is no surprise ; the gen-
tlemen might have been fully prepared with
any evidence they thought necessary for their
defence, without this extraordinary,' this new
method of splitting indictments. And I do ap-
prehend, in this case they are in no s6rt enti-
tled to the testimony of each other. It is a

settled point, that in trespass, though one may
act more violently, more injuriously than ano-
ther ; yet, when all join m an unlawful act
of this nature, the act of one is the act ofall.
And though A did not strike B, yet if he struck
C %vhere the whole is, as here, one continued
affray, he cannot possibly be a legal and com-
petent witness against the crown ; the whole
18 given in charga to the jury ; he has been in
the affray, and actually committed acts of vio-
lence ; and it has appeared uucontroverted in
evidence, that every person here indicted has
been guilty of one assault or another ; and that
• all have been (guilty of a public and dangerous
disturbance ot the peace.

Court. It haa not appeared upon the evi*
dence, that lord Anirlesea or Mr. Jans actually
assaulted Mr. Mac Kercher.

Mr. Mac Manu$, My lord, all the acts of
violence of the day proceeded ffVom the ^irec-
tioiis of lord Anglesea ; menacing words, lifting
up of hands, his raising himself up on hb sad-
iHe, commanding and inciting others to strike ;
he himself, aa Mr. Kennedy and Archbold
swear, violently striking Kennedy on the head,
and Jans joining him in the strokes till the
people cried out shame ; and though oppro-
brious, abusive language may not be an assault,
yet, there are many things that they carried
into action, not only by words, but by gestures,
that prove the assault. My lord Anglesea was
so near Mr. Mac iiercher at the time when
Mr. Anoesley struck him, that be could
have struck him himself. Every thing was
done by his directions ; and menacing words,
with a lifted hand, are an assaah in law ; and
I do insist upon it, in point of law, that whoever
excites, persuades or procures another to com*
mit a trespass or treason is a principal offender,
and equally guilty in law, as he who strikes ;
and more especially so when all are present ;
and my lord Anglesea and Jans were indis-
putably present, aiding and assisting the as-
saulting of Mr. Mac Kercher, and are in la w
guUty of that assault.

Mr. Caliagkan. My lord, as I do on the one
band agree, that traversers are not to be Isid
under extraordinary hardships, and that prose-
cutors by no means are to make ose of any
MDtriTaace, any tohcne to entrap men, in

order to deprive them of the benefit of defend*
ing themselves ; m, on the other hand, thej
are not to delude the rules of justice, by be*
coming evidence for each other. I put it upon
the gentlemen on the other side to shew, that
ever they met in any taw-book, that where
there was a fact done in the presence of many,
and a few only charged with it, that, on tbct
trial of tlio^e few persons, the indictments
should be separated, to make them evidence, in
case of their acquittal, for one another. I am
the bolder In this assertion, because it is never
done, hot where extreme necessity requires it ;
that necessity can never happen^ but when all
that were present at the time the oflfence was
committed, are charged in the indictment with
the commitui of it ; "the necessity, therefore, of
examining any of the people charged with the
offence, if acquitted, as evidence for the resl»
cannot be, but where there is nobody else to
give evidence. In that case, it appears but joaa
and reasonable ; but, on the other hand, if yoa
let those four people be evidence for one ano*
ther, when many other witnesses might be had,
who must have seen the whole transaction;
there is no prosecution of this nature that will
not be eluded. But, my lord, 1 will go fiirther,
and I do say that every person charged here ia
guilty of every todictmeot with which he is
charged. Wherever there is an affray or an
assault, let who will be the first promoter,
every man that does any act whatever, that is
aiding and assisting in any •manner, is guilty of
every act which is done by the rest, as much
as if done by himself; where there are several
people that commit an affray, each is answer-
able for the act of the other. There is a charge
against lord Anglesea in every indictment; it
stands proved in evidence he haa beat Mr. Ken-
nedy ; there, my lord, is a direct charge ; and,
though it does not appear he actually strnck
the rest, yet it is uucontroverted the rest were
struck on his account, and by hia directions,
and in law he is as guilty of dbe assault eon*
mitted on them, as if he himself had actually
beat them; I say, in point of law he is guilty
of all those facts for which he is indicted. Let
any one of them separately be tried before the
jury, and I will undertake to make them guilty
ro point of law ; and if ao, 1 humbly submit it,
whether they43an be permitted to t^ these in-
dictments separately.

Court, Vras it not agreed npon at first, that
if any of the traversers were acquitted of any
of the indictments, they should lie evidence for
tlie rest charged wiih such indictment?

Mr. Harward. Let us not be charged by the
Court with a breach of consent. I will tell
you very candidly what I meant, when the oh*
jection was made. My meaning was, that as
all theseindictments were but upon a singlelact,
if it should appear, through the course of the
evidence, that any of the trafersers had no
hand at all in the net, but were idle spectators
there, I thought it reasonaUe that such per-
son, who did appear to be only a spectator,
should be examined as evidence for the rest.

265]

for an Assault.

A. D. 1744.

[26C

That was rov meaniogf, mj lord ; bow I was
i)Dderst(K)d I CBnaoi account : but 1 beg leave
to rely upon it for law, and deairtf yoqr lord-
sbip^s coDsideration ; can any body* that lifted
hi> haod up that day in the field, be innocent of
this assault f Can it be aaid that he is not guilty
of all ibe consequences of it ?

Court, Well ; but baye they not a riglit to
b( tried Wjiarately ?

Mr. Hmrward, Thai is another point, my lord.

Ontri. Gentlemen of couo)»el for the tra-
rer^rs, yon must go upon that indictment,
vbicb the jury are first charged with. The
tnitnen are first charged with the indict -
Drat for assaulting Mr. Goostry.

Mr. Malone, The indictment for assaulting

Mr. Goostry, is in no sort profed against the

trareners. We have many witnesses to shew,

that before ever be wasstro6k, he knocked Mr.

Fraocis Annesley down, which indeed he very

candMlly admits himself; and this appears so

cloarij from bis own testimony, it would be

misspending the time of the Court for us to call

(^rwitoesnes to it. Your lordship observes,

that in two minutes after Mr. Francis Annesley

S[ot up, and recovered himself, Mr. Goostry

i^an my lord Aoglesea said to Mr. Francis

ADsealey, That is be, that is Goostry, the

^test rogue alive, damn him, knock him

down. Mr. Goostry does not say, whether

Ite hetrd Mr. Francis Annesley ask my bird,

wiio bail knocked him down ; *bnt, from thena-

tare of the thing, it could not be otherwise ;

aod the very answer itself imports such a ques-

(ioQ. A gentleitian is knocked down behind

bis bick (for so the evidence is), and instantly,

vben be gets up, was it not most natural for him

ti enquire wbo struck him P It was to this en-

ijuiry most plainly, that lord Anglesea gave

ibat answer ; and then Mr. Francis Annesley

e<^upto Mr. Goostry, and returns his oom-

piimentby breaking his head. I submit it,

tberefore, to your lordship, where a witness

f»riy owns he first knocked me down, whether

<bat is not such a sufficient justification for my

strikbg him, that I need not lay any other

Buiter before the jury ; for, if Mr. Francis An-

&«ley, wlio gave the blow, be not suilty of this

^s^ult, it is impossible my lord Anglesea, or

Mr. Jans, wbo did not strike, should be guilty

^i\' Tho^ore, I hope your lordship will ac-

^oaint the jury, that there is no colour for

^rgiog any of the traversers with this indict-
ment.

Coure. Mr. Goostrv said, that he was struck,
f^ wu all bloody ; not 1 hearjl none say that
^ Aoglesea or Mr. Jans struck him, and
i>oostry did acknowledge that about two mi-
^utei before he received the blow be had struck
^Ir Francis Annesley, and at the time that he
d^d strike hiin, did say, that he believed Mr.
rnnm Anneslev did not know who it was that
*^k biro, and that about two mmutes after
j^y^^rd Anglesea said. There is that villain
^owjtry, that struck you ; upon which Mr.
'Tancw Amicslev struck him. This, as I re-
®^ber, was Br. Goostry »s evidence.

Mr. Harvard. 1 how desire to know when
it was that lord Anglesea said. Knock them
down, knock them down.

Mr. Caliaghan. Mr. Goostry escpresslj
swears, it was by the directions of lord Angle*
sea, that Mr. Francis Annesley struck liim.
He says, I thought the quarrel was all over,
there were above two minutes between ihe
strokes, and then my lord Anglesea said. There
is the villain Goostry, knock him down.

Mr. Malone, It does not appear from Mr.
Goostry 's testimony, that my lord said. Knock
him down; the utmost Goostry said, was, that
my lord said. There ia the villain, thai ia he.

Coiir^. 1 have nothing upon my paper about
his saying any thing conceroing the knocking
them down.

Mr. Bagot. My lord, I have it upon my
paper, thait Mr. Goostry aaid. There is Goos-
try, «s great a villain as any in Ireland, knock
him down.

Mr. Mac Manus, We desire Mr. Goostrj
may have leave to inform your lordship what
lie did say.

Mr. Goostry. My lord said, There ia
Goostry, another of the villains, as great a
rogue as any in Ireland, damn him, knock him
down.

Court. You see, gentlemen, Mr. Francis
Annesley was struck by Mr. Goost^, on evi*
deuce, two minutes before he struck Mr. Goos-
try, can he then be found guilty of an assault
on Mr. Goostry ?

Mr. Grattan, Mr. Goostry said, that there
was hurry and confusion, and that during that
time he struck Mr. Annesley, and believes Mr.
Annesley did not se6 him strike him. I take
the liberty to say, that if Mr. Annesley did
strike Mr. Goostry, and did not see Mr. Goos-
try strike him first, it was the same thing, in
the intention of his mind, as if he had not
struck him first: for, since he did not know
who had struck him, and yet struck Mr. Goos-
try, it shews plainly he was determined to
strike him, and nothing can justify Mr. Annes-
ley for striking him, but the provocation of his
striking Mr. Annesley.

Mr. Caliaghan. There is another matter,
my lord, which is to be considered, that Mr.
Annesley struck Mr. Goostry after bis passion
was over. It is true, there is no limited time
fbr determining a man's ^ passion, and a mao
may in passion commit an act, and not be tha
as^ilant. Your lordship may remember man^
cases in the books to this purpose, which it is
not necessary to trouble you with ; but the
rule is, where a man has cooled and come to
temper, there the precedent act, which was the
effect oif passion, is no justification of the sub-
sequent act. Mr. Goostry 's evidence is : I did
apprehend all that matter was over ; I do not
apprehend the stroke Mr. Annesley gave me
was in consequence of the stroke be had re-
ceived, but of lord Anglesea's directHma ; and
if so, JMr. Annesley is undoubtedly guiHy of
the assault on Mr. Goostrv.
. Mr. Malottc. As to the indictment fof the

r 8

167]

18 GEORGE II. Trial of the Earl ofAnglesea and others, [368

asMuilt OD Mr. (Soostry, we coDteiul for it, that
there is do cotoor for char|g;iog the tra?efBerB
with that indictment, and hope yoor lordship
will let it go to the jury upon the eridence of
Mr. Gooatry.

Tlie Counsel for the Prosecutors were over-
ruled in their objection.

The Jur^ ffo to find whether lord Angieseo,
Mr. Francis Aimeslev, and fUr. Jans, are guilty
of the aasault pn Mr. Goostry» on the first in-
dictment; and, afler a quarter of an hour's stay,
return into court, and find lord Anglesea,
Guilty. — Mr. Francis Anoesley, Not Guilty.
. — Mr. Jans, Not Guilty.

Court, Gentlemen of Counsel for the Tra-
versers, call your evidence.

[NeiU'O^Neile is called to the second indict*
meutf for assaulting Hugh Kennedy, esq.}

Mr. Malone. There are three gentlemen,
my lord, lord Anglesea, Mr. Anneslev, and Mr.
Jansy indicted for assaulting Mr. kennedy ;
they have traversed this indictment, and Mr.
Kennedy himself swears this assault only on
lord Anglesea.

Court. And upon Mr. Jans ; and there is not
only his evidence to prove it, but the evidence
of Mr. Arcbbold.

Mr. Malone. But there is no sort of evidence
to affect Mr. Francis Annesley, and therefore,
1 hope your lordship will direct the jury to ac-
quit nim, that we may have the benefit of his
testimony upon this indictment

Court. Have you any objectioD, gentlemen
concerned for the crown P You have not of-
fered a word upon this indictment.

Mr. Harward, What I have offered before,
is all any body can offer to this ; and I believe
at will soon be seen what the consequence of it
will be.

Court, I call upon you to know, whether
you have any objection to the examining Mr.
Francis Annesley on the indictment for aasault-
iog Hugh Kennedy, esq.

Mr. Harward. We hare an objection ; we
do object against examining him, and submit
it to the Court

Mr. Mac Manui. My lord Anglesea and Mr.
Francis Annesley mutually assisted each other ;
it is all one and the same trespass, all one and
the same affray, each is parttcqfs criminiSf and
the whole scene is interwoven and mixed to-
gether.

Mr. Malone. There is not a single word of
evidence given, to preve that Mr. Francis An-
nesley was coricerned in the assault upon Mr.
Kennedy, and Mr. Kennedy himself swore to
that effect ; therefore we desire that Mr. An-
nesley may be acquitted of that indictoaent,
and permitted to give his evidence.

The Jury go to find, whether Fruicis An-
nesley, esq. is guilty of the assault on Hugh
Kennedy, esq. or not; and, without quitting,
the box, find him Not Guilty of the a»aolt iu
titt indictaMnt

Mr. JB^aUme. We are now upon an indict*
ment of lord Anglesea and J\Ir. Jans, for as- '
sauUiog Mr. Kennedy, and desire Mr. Annes-
ley ouiy be sworn.

Francis Annuky^ esq. sworn.

Mr. Spring. Were you present npon the
Curragh on the 16th of September f — Mr« iln-
nesley. I was.

1 ask vou, were you upon the course at tlift
time of the race ? — I was.

Were you present when Mr. Mac Kercbei^
and his company came up upon the faorbe-
course P*-4 never saw one of tti^m before that
day in my life.

Did you see Mr. Kennedy come up to apeak
to lord Anglesea f — I don't remenaber that X
ever saw hw face before this day.

Did you see anv body come to ask hitfi
about his behaviour i^ — 1 did.

Who?— Mr. Mac Kerober.

Do you remember any such person upon thA
course that day, as Mr. Kennedy ? — I was
told after, tliat his name was Kennedy, and f
saw some strokes between him and lord An^
glesea.

Can you say that the person yon saw there
was the same with him you now see bereP — I
don't remember his face at all, but was told it
was he.

Can you take npon you to say you saw hioi
that day ? — I did not see him that day that I
know of.

What ooloured clothes had the person on
you saw engaged with lord Anglesea? — It was
scarlet

And did not you see his face ?-— I saw his
face, but I don't know it again.

In what situation were you when he strudr
you? — I had my back to nim.

How do you know then that he struck you T
—1 apprehend, thoneh my back was to him, it
was ne, and npon his striking loe, my loni
struck him.

Did you. see him strike my lord ?— I did.

Which of them gave the firrt stroke P— The
first stroke that was given was by my lord to
Mr. Kennedy, some minutes aflUnr I bad got s
stroke upon my head.

Were Mr. Mac Kercher and Mr. Goostiy
near P— They were.

Was Mr. Jans near Mr* Kennedy P'-^I be*
lieve Mr. Jans was pretty near, but not within
reach of him.

Did you see Mr. Jans or he give any stroke
to each other P— I did not. ^

Do you think Mr. Jans could have stmek
im without your seeing him P— I don't think

him
heooubL

your seemg

NeUe Cf*if6k sworn.

Mr. Morgan, Pray,- Sir, do yon know the
inn at Newbridge f--0'A«tfe. 1 do.

Where were you on the 19th of September,
in the night P— In the afternoon I went there,
I was at h>rd Besborongb's ; and Mr. Mae
Kercher,Mr« Ktnnsdyt nnd Mr. lifingitOBe,

jbr an AstauU.

A. D. 1744.

[STO

to the bc9t of mj knowledgfe, sent a mea*
sender to mj house to speak \vith me.

Cmrt. Who told you ihey sent to speak to
you?— My wife, when I came home.
' Did you goto them ? — I weut to Newbrid^.

What day was this?— It was the 15th I
weot to the races.

You went to them? — I did.

Name them again. — Mr. Mac Kercber, Mr.
Kennedy, Mr. LfYingstone, and Mr. Goostry.

Mr. Morgan, Where did you go to, the 15th P
-To Newbridge.

)?heo you came there, who did yoa meet,
ind what passed ? — On the 15th, the gentle-
mea nerer Were apoo the sod before, and they
weat all together to the Carragb.

OmrL Upon the 15th ?— Whatever day the
nee was, it was that day, on Wednesday,— as
to the day, I cannot be positi? e, 1 did net ob-
Mrrethe day of the month. It was the 14tb.
There was never a horse to start bat one. They
nid, they never were apon the gromid bat at
that time, and upon going to the Carragb,
there was no diversion, and we came back, and
llr. Mac Kercber said, he saw kird Anglesea.
See what a look, says he, he gave at os all that
(iay; but, says he, I want nothing bat to ex-
pose him to the populace, and I will make it
OT bosaess to do it before I go back to Dablin.

Who was the company? Name them; —
There was Mr. MTac Kercher, Mr. Kennedy,
Mr. LiTioiprtone, and Mr. Goostry present, and
1 don't know hut Mr. Robinson was there.

Cao von be positive who was there? — 1
ksow Mr. Mac Kercher, Mr. Kennedy. Mr.
LiTiogitoney Mr. Goostry, and Mr* Annesley
vere there.

Mr. Hvmard. My lord, I deisire the Court
may take notice he swears positively that Mr.
Ufinggtooe was one of the company,* and we
can prsve him to be in England at that time.

Wiinut. In Cogland! I can bring peopfe
to prove, that saw him in Naas the next day
liW the races.

Mr. Spring,. Were you upon the Carragb the
mh?— Iwas.

Were vou there when Mr. Kennedy was
ibtre?— 1 saw him there.

What part of the Curra^h did yoa first see
bkn on ?— I went along with him to the Car-
ragb, for we dined at Newbridge that day.

AtL Gen, If yoa can prove, gentlemen, that
Mr. Uringatone was not there, what need yoa
ttk this man another qnestion ?

Mr. Malone, My lord, we will prodnce the
top men of the country to his character.

Mr. Spring. Were you by with Mr. Kennedy
*heo he met my lord Anglesea? — I was by

*ith him meet part of the day. «

Then give an account of what happened

»ben they first met ?— I cannot tell whether I

^t% present at their first meeting ; but vrhen

they met, they never spoke a word to one an-
other, but at the time of the action.
What action, was there a quarrel? — ^There

J^ a quarrel, and Mr. Mac Keroher was the

be^mner of it. So there happened some words

that the eoftchn^an had said to Mr. Annesley ;
and upon the same, Mr. Mac Kercher was
very angry, and said, that the thing was in-
tended on purpose.

Ccfurt, To whom ?— To Mr. Kennedy and
the gentlemen in the crowd with him ; and I
was there at the same time,

What words were they ?— The words Shoe-
boy, or some such thing. And upon that, he
said, He would make application to my lord,
and if he did not discha^ the servant, he
would have satisfaction tor it. Upon which,
my lord happened to be down where there wae
a dispute about sir Edward O'Brien's mare
running on the wrong side of the post ; and we
rode around until they came to the winning*
post, where my lord was. Upon which, Mr.
Mac Kercher' told him, that hia servant used
him ill, and hoped for satisfaction from him,
and that he would tarn him off. My lord said.
He would not And upon that Mr. Mac
Kercher said, He did not use him well, and
would have satisfaction. And he had the whip
op in his hand in order to strike, and he rode
a stone-horse, and he was vicious, and 1 don't
know whether the stroke was ijitended for my
lord or fqr the horse.

Mr. Spring, Did yon see lord Anglesea and
Mr. Kennedy together that day ? — ^I saw them
close together.

Did any thing happen between them?— I
sawUbem striJke one another.

Who ? — Mr. Annesley and Mr. Kennedy.

Give an account o3^ that? — When Mr.
Goostry struck Mr. Francis Annesley, he was
for about two minutes before he found out fvho
it was. Upon which, he asked who it was;
and my lord said, That is the man, that Goostry,
poinding to him. Upon which he went over,
and made a stroke at Mr. Goostry, and there
were some strokes that passed ; and upon that^
Mr^ Kennedy came and made a stroke at M r»
Francis Annesley, and hit my lord over the
wig, but whether it hurt him or no I cannot
tell, or whether the stroke was intended for him
or not, I cannot tell.

Court. Did you see the stroke reach my
lord ? — I did see it reach him upon the wig.

Did you see my lord strike Mr. Kennedy P
— I did. As soon as he received that stnJw,
he up with his whip and struck him.

Mr. Spring. Did you see Mr. Jans there ?-«
I did. -

Where was be at the time of this quarrd ?—
He was in a crowd.

Did you see any engagement between Mr.
Kennedy and Jans ? — I. did.

^bo struck first ?^-That I cannot swear to
at all, which of them struck first; for the
crowd rushing backward and forwardi I ooahl
not be distinct.

Was the blow given by Mr. Kennedy to lord
Anglesea, before Mr. Jans and Kennedy were
engaged? — It' was before I saw them en-
gaged.

Which struck first, Jans, or Kennedy ?— By
virtue of my oath, I cannot tell which ; I snw

271]

18 GEORGE XL Trial of the Earl o/AngUsea and others^ [272

blood ran down Mr. Kennedy , and whether it
was he struck Mr. Jans first or no, 1 canoot
tell: for when I saw inv lord receWe the
stroke, I turned about my horse, and did not
mind. I was just crossing between him and
my lord, and whether Mr. Kennedy struck at
Jaus first I cannot tell.

But you said you saw Mr. Kennedy strike
lonl Anglesea before you saw lord Anglesea
give a stroke ? — 1 did. Sir.

What happened between Mr. Kennedy and
Mr. J s^s ? — ^I can not tell .

Court, Gentlemen concerned for the crown,
win you ask this man any questions ^

Mr. Harward, We will not ask him any
question, but beg, for justjce sake, he may not
be permitted to get out of the Court, till we
proceed to give evidence against him for per-
jury.

Court. How long have you been acquainted
with Mr. Mac Kercher? '

0*Neile. I believe since his first coming
into the kingdom.

And with Mr. Kennedy ? — ^Yes.

And with Mr. Guostry ? — No, not with him.

How came you to go with them to the Cor-
ragh P — I had an intimacy with Mr. Annesley,
(for he was some time at my father^s house
when a child) on his first coming into the king-
dom, and they sent for me.

On what business did they send for you ? — 1
cannot tell, my lord.

Who went to the.Curragh with you ?— We
went all together to the races, au^ we had
discourse as we went along.

Mr. Mac Manu$, Whom did they then send
for you ? — Several.

Who were they ? — ^Their own servants.

Name the servants. — One Barney Neale,
nn<1 several of them.

Mr. Dighy, Foreman of the Jury. Did yon
meet me coming home on the road that day ?
—Yes, Sir, I believe 1 did, 1 cannot reeoU
lect.

Did you say any thing to me ?— I cannot
say [ did.

Did not yon express concern to me at the
treatment Mr. Mac Kercher and Mr. Annes-
ley had received ? — 1 do not remember that
I did.

Did not you express yourself, that yon
thought they were used very hard P — I do not
know but I might tell you so.

Mr. Harward, I desire, my lord, tjiat Mr.
Livingstone may be called, to satisfy you be
wss in England last September.

Court. You had better stay a little.

Patrick Cavenagb is called, and goes away
•gain, being to be examined to another point.

Mr. Callaghan, We'll beg leave to produce
BIr. Livingstone, to shew your lordship uhere
be was in September la&t.

William Livingstanet esq. sworn.

^r. Callaghan, Where were you in Septem-
ber Ifst ? — Livingstone. In LoodOiD.

Were you any part of that month in Ire«
land 't — I was not.

When did you come over to Ireland ?— It
was the middle of October before 1 came to
this kingdom.

Mr. Malone informs the Conrt, that in Oc-
tober he saw Mr. Livingstone at Parkgate
ready to embark for Ireland.

[Cross-examination . ]

Mr. Spring, Do you know this Mr. O'Neile ?
— Livingttone. Yes, Sir.

Did yon ever see him in Mr. Mac Kercher'n
or Mr. Kennedy's company P — 1 have.

Were they not well acquainted ? — Yes, I
believe they were.

Was he employed by Mr. Mac Kercher or
Mr. Kennedy ? — Sir, when we came first into
Ireland about two years aj?o, O'Neile met ns
uncalled for at Kill ; he told us a great deal of
his knowledge of Mr. Annesley at Kinna, and
the witnesses that knew his affairs ; and oilen
came about us upon that errand, till- at last he
came so often, that he was used with the ut-
most disregard ; and when we found out his
character, he was never suffered to come about
the house at all.

Mr, Digby, What character has he P Da
you think he is an honest man P^We were
strangers in this country ; he looked like aa
honest man to us at first, but upon a better in-
formation we found him quite the reverse.

Mr. Mofi Manns, My lord, we desire my
lord Allen may be sworn, to give a character
of this man.

Right Hon. Lord Viscount AlUn sworn.

Mr; Mac Manus, Pray, my lord, do yoa
know this Neile O'Neile ?

Lord Allen, 1 know him very well, and be-
lieve no man bears a more infamous cliaracter
in the county of Kildare.

Does your lordshFp think he deserves any
credit ? — I am confident he does not ; he is a
very great villain ; I would not credit bim, nor
believe one word he says, i know that no
gentleman would admit you into his company
at the time you were employed by me ; ani|
my uncle and I had otlen many words because
I employed you, and we found you out to bo
the greatest rogue \that could be."

Court. Do you tttink he is a man to be cre-
dited upon oath ? — No, my lord, he is not.

Mr. iliac Mantis, We beg leave to produce
the minister of the parish where he lives.

Rev. Mr. John Dawson sworn.

Mr. Mac Manus. Do you know Neile
0\Neile?

Mr. Dflwson. I know him ever since I came
into the parish of Naas.

Ilow long is that. Sir ? — I have been two
years there.

What character has he generally bore during^
that time P— I have always beard he was a
person guilty of as many frauds as he was ca-
pable of committing s 1 cannot account for hts

273]

Jot fffi AisauU.

A. D. 17^.

[274

mormb, bot be if a person that was always f erj
Ittiirioiifl.

Wbat is bis n^eral character f — Why, I
protest, I have known him guilty of numbers
of lies and fal^ooils, aud is a person, 1 think,
not to be credited.

Do you beliere bira a person to be credited
npoo iiis oath? — ^The general character is,
that be is a person not out v litigious, but capa-
ble of any cheat imaginable.

Is be, or is he not to he beliered upon bis
oath ? — I should gire little credit to his oath,
becanse 1 bare beard bis word so often for-
feited.

Lord Viscount Allen, He is the greatest
rogue alife. Tienine y ears since he robfied me ;
I have had warrants out against him,and'€ould
nerer catch him, but will now send him to
gaol before I leare this town.

Mr. Mahne. We desire Maurice Keating,
fsq. may be called to the character of O-Neile
— [Mr. Keating is called, but does not come
into court.}

Mr. Spring to Mr. Dawton. Was not this
Neihs an agent to Mr. Mac Kercher and Mr.
Aonesley ?

Mr. Dawwn. He bad the repute in Naassooie
time ago of being a strenuous friend of theirs ;
bot i nerer saw him about them ; 1 bad oo
occasion to interfere in their a£fairs.

Ctmrt, Gentlemen of the Jury, the lord An •
glesea and Mr. Jans stand indicted for an as-
sault oo Mr. Kennedy. I shall only tell you,
gentlemen, that I find, on the recollection of
the cyidenoe, it stands fully prored by Mr.
Kennedy and Mr. Arcbbold, that both faia
lordship and Mr. Jans, without provocatioO*,
without any attempt in Mr. Kennedy to strike
a btow, did strike and sorely beat this gentle-
man. Thus it stands profed upon their testi-
mony ; and, gentlemen, the only e? idence
ofiored to take off this charge was first Mr.
Francis Annesley ; and I do think yon may
lay what be says entirely out of the case ; for
be tells you he nerer saw Mr. Kennedy before
this day, and did see lord Angksea and a gen-
tleman in red engaged that day on the Cor-
ajfb ; bot who that gentlemen was he cannot
I, and knows not whether it was Mr. Ken-
nedy or not, hot that be saw sereral blows pass
between them. And Mr. Annesley with great
candour and integrity said, that if it was
profed that Mr. Kennedy and that gentleman
were the same, he saw him gi?e no profoca-
tioo ; so that it still ^mains clear and on-
dottbted opoD the testimony of Mr. Annesley,
that my lord Anglesea and Mr. Jans are both
ffuilty of the assault upon Mr. Kennedy \ for
be telb you farther, that tlie first stroke that
was giren between them was by my lord.
Why then the only other evidence produced
was a person of extremely different charicter
from Mr. Annesley, one Neile 0*Neile, a snr*
geoo from Naas; and wbat does be say P He
tells you that he was at the ion of Kewbridffe
with those gentlemen ; that be waa sent W
\0U XVIII.

by them to Naas, and being from home, waa
told, when he returned, tbey bad sent for him,
and that there be went and found Mr. M'Ker-
cher, Mr. Kennedy, Mr. Goootry, and twice I
am positive, I think three times, swore that
he saw Mr. Liringstone there too. That with
these gentlemen he went to the Corragh ; that
in the way Mr. M*Kerclier \M him, He
wanted of all things in the world to expose the
lord Anglesea to the populace, and was deter-
mined to do it before he returned to Dublin ;
that for that purpose he began the quarrel : but
says he did not see Mr. M* Kercher strike my
lord, nor attempt to strike him : That he waa
upon a yicioQs stone- horse, and whether he
lihed up bis whip to correct his horse, or for
what other purpose, be cannot tell. He tells
you further, that he saw Mr. Kennedy strike
my lord, but knows not whether be intended to
strike him or not: and says, lie belieyes the
stroke did not hart my lord. That upon this,
my lord struck him ; but if you belieye him»
the first blow waa hit upon my lord. Why then,
this man having sworn that Mr. Livingstone
waa one of this company, and it being alleged
that he was then in England, Mr. Livingstone
waa sworn to acoount whether he waa or no.
He declares upon bis oath he waa not in Ire-
land at that time, but in London, and came
over to this kingdom in October ; and sa%s, he
knew that this man was acquainted with Mr.
M* Kercher and Mr. Kennedy, and employed
by them ; bat that he met them' on the road
uncalled for, frequently attended them under
pretence of acrring them, until at length he
became so troubleBome, they were obliged to
dismiss him, and forbid him to come near them.*
Then, in the next place, in order to discredit
him further, the counsel for tbe prosecutors
called my lord Allen to give a character of him ;
and his lordship tells you, that he is of a most
Infamous cliaracter, of such a one, that hie
lordship swears positively he is not to bi
credited on his oatn. The same bad character
is given him by Mr. Dawson, the lOinister of
the place where he lives.

You see, gentlemen, there is nothing in tha
world offered but the evidence of this man to
take off the weight of Mr. Kennedy and Mr.
Archbold ; and you will consider wbat credit
be deserves.

Tbe Jury go to find whether lord Angli
and Mr. Jans are guilty of the aasault upon
Hugh Kennedy, esq, or not ; and find lord
Anglesea, Guilty w— Mr. Jana, Guilty. ,

The Indictment for the Assault
OH Daniel Mac Kercher, Esq.

Mr. Malone. This, in reality, is tbe main
indictment, upon which all the rest have been
grounded. 1 1 does not appear by any /Evidence,
that my lord. Anglesea and Mr. Jans had any
band m assaulting him; and- therefore.. we
hope, upon tbe rule you baye laid down, to be
allowed tb« benefit of their' tsatimooy. Mr.

t76]

18 GEORGE II. Trial qfihe Earl qfAn^fiuea and oiherSf [87Q

Mac Kereher himteli; id his efideaoe upon
this indictment, does not preteud that either lord
Anglesea or Mr. Jans did assault him on the
Curragh. If 1 mistake your efideoce, you^ll
aet me right.

Mr. Mac Kereher, What do yoa uaderstandy
Sir, by assaulting me?

Mr. MaUme. I mean a blow.

Mr. Mac Kereher. I cannot say they gave
me any blow.

Court, The account Mr. Msp Kereher

Sire was, that after a good deal of opprobrious
nguage, he told my lord Anglesea, He lied,
anddared not for the soul of him single him-
self out, and tell him so. That /upon those
words Mr. Francis Anoeslev stepped forward,
and struck Mr. Mac Kereher upon the fore-
head, which occasioned m swelling and a
bleeding : and I do not recollect that Mr. Mac
Kereher gafe any thing in evidence that my
lord said or did to him more than this.

Mr. Malone. As there does not appear any
evidence that can affect kml Anglesea and Mr.
Jana on thU indictment, we b^ leave to de-
sire your lordship will give the jury some
directions concerning them before we proceed
further.

Mr. Harward, I bdiere there can be very
little doubt, when you consider, but that Mr.
Jans is guiltv of the assault upon Mr. M'Ker-
Cher; and Til tell your hMilship the reason
why I apprehend it so ; becaose there ia no
controversy but that this man, upon the words
which passed between lord Anglesea and Mr.
M^Kercher, rushed out and said, Suie, my
lord, you would not offer to tight this feUow,
While there are so many here by to fight him
for you. What follows upon this ? Why then,
one of this very company goea out and strikes
him. Pray, my lord, are not they all guilty
of the trespass committed against him f I Jo
aay they are all prindpak, and that there la no
distinguishing in law between the man that
ftmck, and &e man that assisted by word or
act.

Mr. Mae Mannu, I apprehend the questum
Id be, Whether my lord Anglesea and Mr.
^ana assaulted a particular person #hom they
Incited others to strike, ana whom their rage
and passion would have inclined them to strike,
if they could as lorciUy have struck him, as
they did other persons nearer to them of the
■ame party. In eonstmction of law it is an
•ssault ; they both did assault Mr. M'Kercher,
ftnd that clearly appears from the evidence.

Omrt. The evidence of Mr. M«Kercher was,
that upon my lord's calling him thief, scoun-
drel, and villam, Mr. M'Kercber saki, You
dared notfor your soul single yourself out, and
tell me so. Upon which some that were by

e, Vy ferd, you go fight such a aoonndrcf!
) are enoiM^h to go out with bias. What
ensued upon this? Why, then Mr. M*Ksroher
IcUs you, that upon further words between
mm, he said. My lord, jrou lye ; and that
mmedialely upon his saying ao, not a word
Mid by any other peipOAi Mr. FnfMii Aofiea-

ley stepped forward, and struck him a bloir ob
the forehead.

Mr. Bagot, If I apprehend his testimony
aright, Mr. Mac Kereher said the words, Yon
lye, were antecedent to the other words.

Court, The jury, T see, have taken very ac-
curate notes, and they'll take care to do what
is right.

Patrick Cavenagh, dancing-master, sworn.

Mr. Morgan, Do yon recollect where you
were the I6ib of September last ?

Cavenagh, I do.

Where were you ?— I was at the Curragh at
the time of the races.

Did you see lord Anglesea there ? — I did.

Did you see Mr. Jans there ?— I did.

Did you see Mr. Mac Kereher there f — I saw
him there.

Give an account to the Court and the jury,
what yon recollect to have passed touching
Mr. Mac Kercher's coming up to lord An-
glesea.— 1 heard some little thing when 1 waa
at Kilcullen-bridge before the race, of some
design, and it made me a little more particular.
My lord Anglesea was going down to the
winning-post when the dispute was about the
running of the horses, and I parted from hioi
there s and as I was goiu^, I saw these gentle-
men, Mr. Annesley, Mr. Mae Kereher, Goos*
stry, and Kennedy, going towards lord Angle*
sea. When I saw that,.! immediately recoU
lected what I had heard at the briiige, that
there would be a quarrel ; upon which I r«<%
turned iininediately again, and when I came
up, I found there was a crowd about them ;
and they were engaged in worda ; and I jnaa
came up at the time when my lord Anglesey
said, Sir, I would not suffer my servants to af-
front any one« let aloee a gentleman. I just
came in upon that answer, and I don't know
what paawd before at all.

What did Mr. Mac Kereher xe\Ay to thai t
-.•I could not hear well what he siiud, for be
spoke very low; hut lord Anglesea spoke very
lend.

Was Mr. Mac Kereher near lord Anglesey?
—He waa dose to my lord, the horses beede
were jnst together ; and then I heard Mr. Mae
Kereher some little time after say. My lord,
your aervant has afironled a gentlemaD* And
ODV lord answered. What gentleman? And
Au. Mao Kereher assured him again. Thai
he was a gentleman ; but did not tell who he

Did not he leU ny ^ at all who he was f'-i*
Mr. Mac Kerdier assured him twice or thrioe
that he was a gentleman, and hisisted npen my
hml'a doug him justice, without telling hina
who the gentleman was, but at lest pointed to
him; upon which, whira Mr. Mne Kereher
hisisted on that, and desired him to turn him
off^ n^ k>rd said, la it for yoe? or words to
that purpose. And Mr. Blao Kercheretill in^
iisted upon it ier affrenting m gentlemaii*

Was ^r. Francis Annedcy or Mr. Jans near
ei^ lonlatlhieliBMr-*Mr« AenMftey mu iskNie

«77]

for an AsiatM*

hr my lord, «0(1 m wm Mr. Ju»| they iHmhI
cMse together, tod mj lord a little on one «ide
speakiog' lo Mr. Mao &erabor.

What waa it mv lord taid (o Mr. Mao
Kereber?-^My lord said, Hewonid not turn
him off for him.

What ensoed nponthat?— Mr. Mae Kercher
insislcd apon it» and held op the butt«end of hie
whip tttmy lord ; npoti which Mr. Anneeley
gare him a blow belbre he could give mj lord
a blow if ho intended it

Did be positireiy turn up the butt- end of hia
whip? — He turned up the buu-eud of hie
whip. Sir.

How did he hold his whip when he spobe to
my lord P — He bed tiie proper end of it in hie
hand first ; but upon my lord's refusing to
turn his coachman off* he turned his whip, and
said, Yon won't turn bim off, my lord !

What hind of a whip was it that Mr. Mac
Kercher had ?— I cannot be particular.

Was it a lon^ or a short whip?— It was a
long whip ; it either had a lash, or was one of
the whipn with a prodigious long end to it.

Mr. Marward. Was it not a short jockey-
whip ? — It was not.

Had it a lash ti> it P— I don't bdieve it had*
a lash, but he took it about the middle, or there-
aboota, in bis band.

Did be bold it in athreatcnuig.mannerP— He
did, and said in anger. You won't turn him off,
my lord !

Mr. Morgan, Was there, or was there not
before that time in which he turned his whip,
any stroke given, by viKue of your oath ?-»
There was none given before that time, by vir^
toeof my oath.

Did yon observe Mr. Jane at that time P— I
did.

Did yon see biro do any thing ?— I did not.

Did you see him strike Mr. Mae Kerdier, or
any body? — I did not. He snoke to Mr.
Mac &ereher, and asked him, Dared he ask
any one else there,, for he was not worth my
bird's while ?

Mr. Digby. I think yon said, some conver-
sation had passed at Kilcnllen- bridge, aboat a
design to quarrel ? — I heard there, as I was
mounting my horse, that there would be a
quarrel.

When was it Yon beard so? — ^It was the
morning, the 16tb, before 1 went to the Cur-
»gb.

Who was it told yon so?-^I heard that a
gentleman caipe from Dublin, and told Mr.
Jans there would be a quarrel, and I think it
waa he told me, that there would be a great
quarrel at the Curragh that day. , n

Who said this ?— 1 heard it from Mr. Jans,
and, 1 think, Mr. Tynan. Jans said he was
informed by one out of Dublin, that there
would be a quarrel there.

When dta Mr. Jans say he was told so by
one from Dublin?— He said, he heard by
one from Dublin that noniiog, that there would
be a quarrel.

Mr. Bagoi. Yoo say, Ihat Mr. Jans Udd

A. D. 174lw [S7t

yen be beard from DoUm there wo«M be a
quarrel ; did be hear it from Dublin, or from a
gentleman that came from Dublin P-^He told
me from a gmtleman that came from Dublin.

Do yoo know the road from Dublin to New-
bridge ?— Not very well.

Do yon know whether Newbridge lica en
the road between KilcnUen and Dublin?— I
Jtnow it does not lie on the turnpike road.

Mr. Digbjf. Exphun yourself, what yo«
mean had psissed when Mr. Mac Kercher nad
chjillenged my lord. — When my lord refused
togive oim satisifiMStion, he said. He dated not
tell him so aside by himself. And my lord
said. He would go with him aside^ Upon
which Mr. Annesley and Mr. Jans said, Ha
should not.

Yon said Mr. Jans tohl yoo, he* ww i»*
formed of a quarrel that would happen ; I ask
you, whether he tokl you the gentleman Uial
mformed |htm gave him any reasons why ho
apprehended there would be a quarrel?— Mr.
Jans told me, he waa informed there wooM
be a quarrel, that a gentleman from Dublin told
him there would be a quarrel ; and told worn no
more.

[Groes^examination.]

^ Mr. Harward takes a gentleman's whip in
his hand, and says, A thonfi^-whip is where
there is a thong, this is a fox-hunter.

Cavenagh, I understand it to be such a whip
as that; I cannot tell what you call it.

Mr. Harward. This is a fox- hunter. Now,
Sir, will you take this whip, and shew us how
Mr. MacKercher exercised his whip ? — A, Sir,
this is the wav he had it when I saw him first,
[holding the handle in his band] and while I
saw him talking u ith my lord, he took it up
in this manner [holding the whip by the
middle.]

Tell what people were next to yon at that
time* — I do niit know who was next to me, for
I did not know them ; I saw Mr. Jans on the
other side, almost opposite to me, and Mr.
Francis Annesley, I\Jr. Kennedy, and Mr.
Goostry, were, 1 think, together to my lefl
hanil.

Now, I think you said, when lord Anglesea
was challenged, you understood it was a chal*
lenge to fight ?— I did.

I think you have also said, that lord Aiiffle«
sea upon that said, he woi^ld go out and ^ht
Mr. Mac Kercher ? — He said he would go with
bim, but I do not think he would have gone.
rAre you sure he said he wouki go out and
fight him ?— I am sure be said so^

What was it my lord said? — ^Bffr. Mae
Kercher asked him the question twice or
thrice ; upon which my lord said. Well, 1 will.
And the othera said. He should not. ^

Did what Mr. Mac Kercher said appear to ba
in a challengingsmanner ? — It did.

When loni Anglesea said he would go out
with him, did not you apprehend that he wouM
go and fight with nim ? — How do 1 kaoWi Wltf
whether he would orno P

179]

1% GEORGE II. Trial oftMEwl c/An^ea and others^ [280

t^ What did y<Wk liiidergtatid my tMd memt?
*— To roe it looked indeed tt if Cbey woold be
engaged.

What did joQ apprehend my lord intended to
do upon his saying those words?—! did not
beliere my lord woald cfO out to fight.

'You apprehended Mr. Mac Kercber meant
that my loni should go to fight f — I did.

If so, what reason could make yon not ap-
j»re|iend that my lord did not mean to fight P
—No, perhaps not, it might be otherwise ; it
did not come to that issue, therefore I cannot
jndffe.

Had my lord any arms P — He had not.

Are yon certain that Mr. Mac Kercher
meant to fight P — Indeed \ cannot tell. How
can I be certain P If yon challeng'e me, how
do I know whether jon will fight me or no ?

What do vou believe P— I protest 1 cannot
MsWer whether they would ha?e fought, if my
lord had gone.

Do not yon believe, if a man challenges
another to fight, be who gives the challenge
means to fight P — 1 do believe.

Do not yon believe the man that accepts the
challenge does P— It is probable he does; but
I do not believe my lord intended to fight.

What kind of a whip had Mr. Kercher in
his hand P— II was a long whip, a hunting
frbip.

Was it hot a iockey whip that Mr. Mac Ker-
chev had that day ?— It appeared to have a Uil
twice as long as this almost ; (the witness at
the same time held out a hunting whip with a
tonglashtoit.)

To Mr. Mac Kercber.

Had you ever such a- whipP---! might
possibly some time or other in my life have had
aoch a whip in my hand, hut 1 never make use
of such a whip ; I had a very small whip, one
of the smallest size, that day.

Dennii Tynan sworn. •

Mr. Spring. Do you know Mr. Jans P

l^nan. Ido.

lieoollect what conversation yon bad with
him at the time of the races at the Curragh,
the 15tb or 16th of September, concermng
noy qnarrel that you bad heard there was
likely to be. Had you any conversation with
bimP— I had.

Tell what it was.— On Monday before the
races, I cannot tell the day of the month now,
but I could if I was in Dnblin, because I kept a
regular table.

What do you mean by a regular table P—
1 DMian of my business. v

What business do you follow P— That of a
drwgist and a dyer.

Wellf^ on.— Mr. Usherof Balsoon and Por*
cell the butcher, as he told me he was, the man
that kept the young earl some time, they were
in my snop ; l happened to be backwards when
they came in, and when I saw them, I came
out to know what business they had, and 1 first
•poke to Purcell, and asked what be wanted.

He told me they were come there to .wait
for the young earl. I went backwards on
tbaty and came into the » shop again ; and in a
little while after, Mr. Mac Kercber came into
the shop, and spoke to my man over the coun-
ter. I did not hear what he aaid, ai^ my man
had a room over the way, and they went there
together and stayed for some time ; and while
he was away, says i, Is that the young earl f
No, by G— d, says Poroell, but a cleverer fel-
low, a fellow that woold whip the old earl if b«
had hold of him. Aye, says Usher, 1^ G— d
he woold wri^g his nose. 8o Mr. Mac Kercher
came back, took coach and went off ; and they
went off afler him.

What day was this P — It was Monday.

Tell what you did relate to Mr. Jans.— I
tokl bim, that my servant bad told me, that
Usher bad told bim, therewere ten men armed
and gone to the Corragb.

[Note, Mr. Mac Kercher and bis company
did not set out till Wednesday.]

Court, (To Mr. Mac Kercber.) Do you hear
what this man swears; were you ever in hit
shop P— I do not know that ever I was.

[Cross-examination.]

Mr. Mac Manvi, Do you know young
Mr. AnnesIeyP — 1 believe I should know him.

Were you ever in England, Sir P — 1 waa.

Were you ever concerned in tlie prosecution
of Mr. Annesiey at the Old Bailey P — Not upon
the nrosecution, upon my oath.

Were you a witness there P — I will answer
vott. I was to . be a witness to tell what I
knew of one Paul Keating.

Do you know Mr. Giffiird P — I do. Mr.
Jans brought me to him, and desired me to tell
Mr. Giffard what I knew of Paul Keating.

[Hereupon this witness was turn<>d off the
table by the travei'ser's own counsel.]

The Jury go to try whether lord Angleaea
and Mr. Jans are guilty of the assault on Mr.
M*Kercher or not, and find lord Angleaea,
Guilty — Mr. Jans, Guilty.

Mr. Spring, My lord, I do not know whe-
ther it will be necessary to trouble your lordship
with any further evidence ; for mjr part, I am
satisfied to rest upon the evidence of the crown,
and not trouble your lordship and the jury with*
any thing further upon that evidence ; but my
duty calls upon me to do every thing I can lor
my clients, and therefore with respect to Mr.
Annesiey, I would say a short thing. The^
jury will consider who was the first aggressor
in this assault, and will find it waa Mr.
Bf *Kercber. 1 do insist upon it, in point of
law, that the. lifting up an hand in the manner
Mr. M'Kercher did, as appears even from his'
own confession, is in point of law an assault ;
it appears, and the jnry cannot foiget, that
these gentlemen went into the field armed and

Erepaied for battle, that they went to thin
orM*noe attended by many scrunts, all

881]

^ an AsMuU,

armed in an unaniftl manner, in such an extra-
ordinary manner, aa cannal be joatified bv law ;
becaoae goin^ armed to placea, where all other
people generally go anarmed, ia in terrorem
po[mli^ and notaoflered by the law. Why then
Mr. M*Kercher and his company, who, aa
they priitend, had been inanlteo by my lord on
the 14th, repair to the same place again armed
in this manner, which plainly shewa what their
intent waa, and that it was no other hot to
bring on a qnarral with my lord Aogleaea. It
appearf from the evidence, that upon aome in*
Hignity offered by a coachman to Mr. Jamea
Annealey, Mr. M'Kercher goea to call lord
Ancrlesea to an accomit, and &mand public sa-
tisfaction, and it appears that he waa caoioned
not to go for fear of bringing on a quarrel, and
that, notwithstanding, he went and forced
throogfa the crowd to get at my lord ; ao that
it appears, instead of dMlininga combat, as he
would willingly make von heliere he did, he
brought it upon bimself» he went to call upon
lord Anglesea for an ofience not done to him-
self, he calls him out to fight hhn, and my lord
declines doing ao, by telling him. This Is no
time nor place, you see f have no pistols.
Mr. M*&ercher answered. Your serrant has
affronted a gentleman, Mr. Annesley, and as it
was public, it is expected that you strip him
and turn him off. And ao my lord, to satisfy
Mr. M*Kercher, most take ujpon him to drive
his own pcraon home in thia ooacb. This
treatment of a nobleman mast call for
such a degree of resentment, aa must ^ ne-
cessity hare ended in a quarrel ; it tends plainly
to a breach of the peace, and I would know
what right Mr. M^Kercher had to resent an
affront done to another, and demand satisfaction
in such a manner, as no gentleman would hare
complied with. What right had he to pre-
scribe the method of receiving ihia satisfaction ?
That very circumstance plainly shewa he had
an intent to quarrel, and his manner of de^
mandtng aatisfaction amounta to a challenge.
Why then, if, besidea this, your lordship arid
the jury will please to consider, who the person
afi^outed is, and for whom thia public satis-
faction is demanded, tliat my lord Anglesea
looked upon him as bis brother's bastard, by a
kitchen wench, and knew he waa claimingnis
estate and titles ; I hope you will think my
lord'a behaviour was no more than could rea-
sonably be expected from him, under auch cir-
cumatanoei. But thia ia not all, Mr. M*Ker-
cber givea m^ lord the lie, deaires him to with-
draw with htm, and in case of his refusal,
threatens bim with a lifted- up hand. Mr. Ca-
venagb positively swears to his lifting his hand
with the butt-end of hia whip towards my lord,
and threatening him at the aame time ; and
Mr. M'Keroher in his evidence does not deny
but he might do it. He says indeed, that he
baa a different manner of carrying and holding
his hand from other persons, tmit it waa his
Guat^m in conversation to ra^e his hand ; it
may be ao to his fbotman, but to a peer of the
king<hMD|an earl of Great Britain, toatraiaing

A, D. 1744. [292

of his hand did not become him, and was in
point of law an assault : why then, what is the
consequence? Here is a gentleman, Mr. Frau-
ds Annesley, attending lord Anglesea: thia
gentlcnmn, his tenant, his relation and friend,
sees bim thus affronted and assaulted, and
strikaa the person who threatened to strike him ;
T do say, that Mr. M^Kercber thua asttauliing
lord Angleaea, could expect no other return,
than that which Mr. Annesley made him. It
waa incumbent in aome meaaure on Mr.
Francis Annesley, even for the safety of k»rd
Anglesea, to do what he did. Was be to wait
for thia gentleman's drawing out hia pistol f
Did it not seem incumbent on him to prevent
thia P I beg leave to my it waa, and that he
waajustiBablein point of law; if be had bees
no wdation or friend to my lord, but even n
stranger, and aaw him threatened in the manner
Mr. M*Kereher threatened him, he ought to
prevent the quarrel likely to ensue between
them; and if in ao doing, he hurted Mr.
M*Kercher, he ia justified by the law. It
would be taking up too much of your tinm to
say more ; but for my part, all circumstancea
considered, I am only aaaasedy that instead of
the slight injury done those gentlemen, thay
were not much worse offl

Court. What you bate offered may be con-
siderad aa a mitigation of the offence, but not
by the law aa a justification of it. I already
find that the jury have determined that aa<*.
aavit, to be an assault committed by my lord
Anglesea upon Mr» M'Kercber ; because had
it appeared from evidence that Mr. M*Kercher
bail assatdled my lord Anglesea first, the jury
GOiddoot possibl)^ have found the lord' Anglesea
goiky.— Aa to mitigation, that is a matter pro-
per finr the conaideration of the Court when
they come to give iudment fur the offence.
But aa to the aasault of Mr. Francis Annesley
on Mr. M'Kercher, it stands proved against
him by the evidence of Mr. M'Kercher, Mr.
Kennedy, and Mr. Goostry, and in my appro-
bensran no is guilty of that assault. Now, aa
to the fourth assault, that; on Mr. Jamea Ao-<
nesley , J believe that fourth sndictment may go
to the jury. It appeara tome, that the moat
part of the evidence aa to tha| was principally
material fbr*the conaideration af^ the Court to
determine their discretion, to ahaw the nature
and general tendency of this unfhctlipate affair.
But, 1 say, that aa 1 recollect it, itdoea not an*
pear upon the evidence, that any peySop struck,
or attempted to strike Mr. James ^''i^^^y
and before any worda were uttered b/Jard An-
glesea, directing the pursuit of him, thece waa
an account brought toat ne waa gone off the
aod, and then those words were apoko by my
lord. Follow the son of a whore, and knockthia
braina out. Mr. Annesley gallops aigfay, and
falls into a ditch, and there lav in a very mise-
rable naanner ; but how that happened is ac-
counted for, by the feet of hia horae alipping
into the ditoh ; it doea not appear that it was by
a atrokb g^ven by any body ; it doea not ap-
pear that any one person did attempt to atrike

189]

18 GEORGE IL

Inm; lh«n wu a seiitlciiBiii, that mwof the
witnenes said, bad not be intcrpoafd» weald
ba^e 8tnick bim ; bot be is oat of the caee»
and not to come within vour oonsideiation. if
yott that are coneeroed for the crown hare an j
ihinff to tay, prooeod.

Mr. Harmard, We are ready to offer what
oocort to na npon thia indictment $ and, my
lord, 1 bombly apprehend that^ tbia queation la
reduced to a very aingle point of law npon the
following facta ; that Mr. Mac Kercber being
apprebenaire of an intention in lord 'Angleaea
and hia company to mnrder bim and all hia
frienda, desired Mr. Annesley, Who was hia
chief care, to get away aa fiiat as be could.'
Jt ia given in eridence that Mr. Annealey did
en, and alito that upon my h>rd Anglesea'a
bwing that he had left the field, that be
cried o«t to the people about bim, Pnrane bim,
aad tear him limb from limb, fnoonaequenod
wheieof ae? eral did pursue, and drove bim on
full apecd ; and word being brought back to
hibi that he waa killed, my lord appro? ed of
' it, and said, All waa well. Tbia being the iact
aa nearly as I can recoHect it, f apprehend
the law will be clearly determined by your
lerdabip in oar favonr. Lord Angleaea,
throoghont this evidence, baa appeared to have
abnacd thia ffendeman, to have aaaaolted some
of hia frien<ta, ibr which he and aome of hia
aaaodates are found guilty ; here ia an abuse
given to thia yery gentleman precedent to
every thing that happened ; here folkiwa an
aaaault upon two or tbnee of hia frienda, and
advice being brongbt from the place where the
noble lord and hia aHociatea weroi of hia bad
iateotiona to tbia younff gentleman, kv fear the
like fate ahould attend bim, be ia desired by one
of them to run away, or be would be munMred.
The minute my lord bears be baa left tbe fiehl,
he hallooea to all hia people after him, to tear
him limb from limb, and one of tbe puraoera
attempta to strike biro, but waa^ prevented.
Tbia ia clearly proved by tbe evidence offered
to your lordabip ; and thia being ao, then the
queation ia, whether my lord Angleaea ia guilty
of an aaaault upon thia flentleman who waa
thrown into tbe diteb by bis borae, aa he waa
turning him about to defend biimel£ againat
tbe pnrauera. I aabmit it to your loi^ahip,
whether you won't toko the whole case, both
vorda, and facta, and drcnmatanoea, into year
consideration, and then prononncif what tbe
law ia. Why then it appeara, that tliia gm^
tlemaa, upon tbe parauit of him, finding the
people come up ao dose to bim, turned bis
borse to defend himself; and then it appeara
that tbe horse fell into theditob, and npon liim,
and there be received hw hurt. The queatkNi
thita is, Whether or no lord Anglesea b a prin*
dpal in tbia aaaault or not? Whether he was
not the cause of tbe hart that Mr. Annealey
reeeivcd by tbe fidi of tbe borw npon bim f
I believe nobody will deny, but that tb^ per-
sons who actually parsned and gaveoocaaion
immediately to this fall, were guilty of an as-
malt, and also of tbe battery and wounding

rthe Earl ofAn/^esea and oihers, [984

received by the fall. There is a difference in
point of law between an assault, a woaading
and a battery; aa assault ia in its nature of
tbe least degree ^of these kind of offences.
If this gentleman, who was thus purauedy bad
bappenol to be drove into tbe river Liiffy
and drowned, there 1 apprehend, every man
that pushed him to tbe brink of that rif er waa
pulty of his murder. The law is desr, that
in high treason and trespass they are all
principals, and there can be no accessaries ia
those which are the highest and k>west offence ;
the persons aiding, indtiog, in any kind as«
sisting, by language or overiacttfire all prin«
cipals ; and if 1 am present, and encourage or
desire a man to break anotber'a bead, and ha
doea it, I am guilty of that assault. If tba
persons tiien, who nave pursued this poor gen*
men, bad been guilty of murder, in case he
bad been forced «nto tbe river and drowned, I
woukl be glad to be informed by tbe counsel
of tbe other akle^ how it comes about, that the
law should be more tender in determining a mau
to be a pcindpal ia trespass, than it does in
cases of murder ; I presume they must allow
tbe contrary, and that there is mo^e indulgence
shewn in favour of life. And if the case I put*
would have been murder in the pursuers, and
also in lord Anglesea, I think tbe conseqaence
must be, that he is to be looked upon as a prin-
dpal in the assault^ as dl oases of mnrder in-
clude atraspass{ also there are many mitiga-
tions in cases of killing, not allowed in an as-
sanlt: aothat I am at a loss to find how it can
be imagined that a man is not guilty of an as-
sault, when/if the person he pursued had
been drivea into the river and drowned, ho
woaki have been guilty of murder. If thia
be the case of the principd,prai^ consider, whe-
ther aay distinction in law, or in point of rea-
son, can pat lord Anglesea in a belter condition^
with regard to the offence, than the persona
he prevailed npon to do it. He was tiie first
person tbst stirred up these men to pursue,
who were the oocasion of the fdi into tbe ditch ;
he w^ die prindpd agent, who wrought u|»
their spirite to execute that unlaw fal intentkHi
which ne had against bim, and approved of
what was done, when he beard Mr. Annes-
ley was dead. I b^ leave to aay, tliat every
act they did in pursnanoe of his directions, is
his act m pdnt of law ; and the law does not
separate any of them, bot makes tbeoi all
pnadpals m trespasa* I woukl anppose, my
lord, that mstead of a brutiah mob, I had got
a mere hmte, a fierce dog, and hallooed him
at a gentleman without provocation, and this
gentleman had leaped into a river to escape
from the dog, and waa drowned; and if it
had appeared 1 bad hallooed this dog in onler
to wound, hurt, or frighten him into tbia dis-
tress, am not I the cause, and guilty of all thei
distress the dog frightened him into, and guil-
ty of this murder f And, though the dog did
not come so ndar as to bite him, and that he
rather chose to leap into the river and be
drowned, than be aiaiigMby this dog, 1 ooa^^

485J

for w AmaJt,

A. D. 1744.

[tM

ceiTftit nroatd be a mm of murder, and thai it
would be so. J put another caae: 8uppoae a
"man desi^iiedly had acared another mai\'s horse
with an intention that be shoold do eome nib-
chief to the man that rode him ; the rider is
thrown upon this, though the man nerer med-
dles with htm, onl V soarea hia horse ; if he
breaks his neck in the fall, is not that inarderf
I must hooohly inmst upon it that it is, because
the law will not permit any one, either bv hini-
•elfy or others by his procurement, to do any
act, whereby another's property or his life may
ha in danger or destroyed. Why then, J ap-
prehend, that if mv lord Anglesea had ordered
the men to pursue in such a manner, that they
had affrighted lliis frenileman'a horse, and that
he waa onruly, and he had broke his neck, 1
look opoB it that that was a determinate
murder in ford Anglesea. If in point of rea-
apn, what 1 hate mentioned nas not the
Weight that I proposed by it, to prove that
tliia was an asaault in consideration of the law,
as much as if my lord had with his own hand
broke his head ; 1 will pat your lordship in
mind of a determined case, that comes up to
the point in question, and is this : there was a
nian confined abore stairs in a castle ; another
man below sends armed men up in order to.
murder him ; they get into the door, and run
^p the castle stairs. As he found them coming
op, the man had not resolution to stand ; lie
thought he might hare some prospect of es-
caping, by leaping down from the top of the
tpatle ; he leaped down from the battlements,
and it so happened that he broke his neck and
died : and in that case I recollect, upon the de>
termination of the judges, there was no doubt
bat that it was clearly murder in the man that
commanded them, as well m in those, who by
their appearance of violence, occasioqed him to
leap down. Here, my k>rd, there was no stroke
^eo, no man eame near him, they had not
gnt up to the place where he was ; however,
the man not being of resohition strong enough
to wait their cutting his throat, he chose to
leap down, and by that lost bis life, bere was
BO cloetion left to Mr. Annesley, he was thrown
down by his horse. If aman letakwaca mad
bulUicnowing him to be so, with intent only to
frightso people, it is murder in him if any body
it killed. Kow, my lord, aa 1 have mentioned
•ooe cases, which f conceive would be held to
be murder, if thev were to be determined by
your lordship ; and, as I have mentioned others
upon my memory, which have been so deter*
mined, aud that wuuld make thia fact, had thia
gentleman died, murder in lord Attj^lesea; I
am at a loss in recalling any distinction taken
in our law-books, that any fact, which would
be murder in case the person died, shall be ex-
tenuated, and said not to be an assault in cas^ he
aurvived it. I know the law ia quite the oou-
trary, and takes large strides in mattera of as«
fuuK to come at offenders, to protect the public
peice, when it will not go so iar aa to take
away the life of a man upon a capital proseca«
lioo* I ahaU only troum you with this to*

ther ; that there can be no doubt but that lord
Aojj^lesea gave the directions I have menttonedp
desired them to go and tear him in pieces ; it
is as certain ihat people did go aud pursue ; and
it is to be left in the bre&st of the jury, whether
that pursuit was in consequence of my lord's
directions, or not ; and whether it is so natural
te believe that this crowd of people, who don't
appear to be any way concerned, or to have
any ill will towards llf r. Annesley, wooUl hava

fiursued and galloped alWr him, who waa gal-
oping awoy to save his life, had it not been ia
pursuance of my lord's oommands, who had
such influence on them. This is to be left tu
the consideration of tlie jury, and I apprehend
you will be pleased, wh^n all the worda and
circumstances attending this public affiray ^
taken into your 'consideration, from the bc^in*
niuff to the end, to direct the jury to find my
lord guilty of the assault against Mr. Annesley,
as be not only directed it, but approved of it,
when done; nor can he complain ol' it aa a r^
gour in the law to charge him with an aaaault,
where his directions amounted to a crime «#'
murder.

Ccurt, Gentlemep of the jury, this case^
upon the evidence, stands thus : Mr. Annesl^
is alread V gone off the sod by the prudent adf*
vice of Mr. Mac K archer ; he goes away after
Mr. Mac Kercher had given him thia advice,
and before the words are uttered bj my lord,
which it is insisted upon is a foundation lor tha
jnry to find the traversers guilty of the indict*
ment for assaulting Mr. Annesley. Yon mnat
observe, gentlemen, Mr. Annesley is not driven
off the ground ; he is prudently gone already :
upon vrhich intelligence, Idrd Apglesea does
most improperly, and in a manner that the
Court will consider when they come to pro*
notmce their judgment, call aloud and say, FoL*
kiw him, and an^ hisbraioa out. The material
evidenoe to what happened to Mr. AnnealoYi
af\er he waa thus gone off the field, was Air,
Arehbok), who waa several times aaked, f asked
liim myself no less than three tioies. Did
any of the people tlial yon saw follow, in pur-
auanoe of and under thjs influence of that diree*-
tKNi giTen by my lord' Anglesea, atrike him t
He did not say they did. And when he waa
asked, if they pursued Mr. Annesley by mjK
lord'a directiona, or for what other purpose, h#
could not aooount for that; he aaiu, some
might, and some mifl[ht not ; aome might fol-
k»w him out of curiosity, and others wS, so iar
M he could judge. Theredoes not appear after
this any blow given ; there doea not appear
any actual attempt, upon the evidenoe, or any
actual Mow b^ any man to Mr. Anneal^ iorthe
ditch. Nothing appears, but that several peo-
ple, some out of curiosity, and aome with dif*
ferent intentions, rode after him, who is already
gone, and not forced to go. He goes off tliia
field by advica from hia friend, he is foliaw->
ed, after he is gone, hv these people, he ap*
prebends he is porsned by them with an evil io^
tenty he tnrni about tp face them and defend

S87j

18 GEORGE II. Trial qfthiEarl ofAngksea and others. [S88

hiniBelf, and in the tarn bis hone throws hira-
into the ditch, upon which he lay senseless,
and no person wbaterer attempts to hart him :
this, I say, is the evidence; and I can't jper-
aaade myself to direct nie jury, that any of the
traversers are guilty of assaalttne him. — ^As to
the other indictment for the assault of Mr. Mac
Kercher, if 1 err in point of law, I have the as-
sistance of a nfentleman, who can and will set
me right. Upon the other indictment, in
which lord Aoglesea, Mr; Francis Annesley,
and Mr. Jans, stand indicted tor assanlting
Mr. Mac Kercher, the jury have already dis-
posed of two of them, my lord Aoglesea and
Mr. Jans. As to Mr. Francis Annesley, it
islands proved by the testimony of Mr. Mac
Kercher, Mr. Kennedy, and Mr. Goostry, that
iie did without any legal provocation strike
Mr. Mac Kercher with the bntt-end of his
whip upon his forehead; upon which blood
came, and there has been no evidence given to
contradict that ; so that I do apprehend Mr.^
Annesley ia guilty of assaulting Mr. Mac
Kercher.

Mr. Attorney General. I concur in opinion,
as to that point, with Mr. Baron Moanteney ;
^nd as to tne indictment for the assault on MV.
^knnesley, i also think the traversers are not

Suilty. He gallops off the field ^ and is acci-
entally thrown bv his horse into a ditch. The
accident .happened in the flight ; tlie flight was
not in consequence of the words that lord An-
Iflesea said, but by the advice of Mr. Mac
Kercher ;* but yet, if in consequence of those
words, supposing the parties did pursue, and
that there was a fall ; yet if it was no more
than a hurt by the fall, it does not come within
the consideration of the law to be an assault.

The Jury go to find whether Mr. Francis
Annesley is guilty df an assault upon Mr. Mao
Kercher. Also, the Jury go to find whether
lord Anglesea, Mr. Francis Annesley, and Mr*
Jans, are guilty of the assault upon James An-
nesley, esq. and find Mr. Francis Annesley,
Guilty of the assault on Mr. Mac Kercher.
And lord Anglesea, Mr. Francis Annesley, and
Mr. Jans, Not Gaiky of the assault on Jamea
'Annesley, esq.

CI. iff the Cr. Neile O'Neile, call your se-
.curity ; you must g^ive bail, or stand com-
mitted for a charge of perjury.

Neile 0*Neile giving no security, was com-
mitted.

Saturday, August 4.

A bill of indictment for perjury is .found ht
the mnd jury against Neile O'^iJe, which is
read by the Clerk of the Crown.

CI. of the Cr, Do you submit to your tra-
verse or noif-^Neile O* Neile. Traverse.

CI. of the Cr. How will you be tried f

Neiie O* Neile. I am not ready for my trial
at present, for it is too sudden upou me.
' Att, 'Gen. I don't sea what deteuoe the man

can make; bat however the rale of law must
prevail.

Mr. Baron Mounteney comes into Court

Mr. Mae Manu$. I hope yoor lordship will
think that there is a necessity fop a speedy
execution of justice in crimes of this nature,
that a man so dangerous to the pahlic should
be removed from the society of mankind as
speedily as possible. No man's life or pro-
perty is, or can be aafe but npon the due obser-
vation of oaths ; when these are violated, a
quick execution of the law should follow for
the sake of the public I hope thereibre we
shall be permitted to go to trial for this perjury,
committed in the face of the Court ; but if
you don't try it this aasizes, this man mnst go
unponished. My lord, captain Livingstone, a
material witness, had the. honour, about two
years ago, to be sent from the province of
8outh Ckrolina wiili a petition from that pro-
vince to his majesty, anil, as he thinks his soli*
citations in regard to that petition are now at an
end, he verily believes that he shall be obliged
to aet out tor South Carolina before the. next
assizes for this county ; ao that we cannot pro-
mise ourselves to have him here at the next
aasizes, and it would be a hardship to have him
boand over to prosecute, when he is obliged to
go on his majesty's * commands. My lord,
this is a recent case, a wilful perjury acted
openly last night before yoor tonlship, which
ought to be instantly punished: I bumblr
therefore hope your lordship will bring on this
trial at this time, considering the many and
great inconveniences that must aitend th*
putting it off, that so flagrant a perjurer may
be brought to justice.

Mr. Moreton enforces this with the case of
the*king againttt Davis at the assizes at Mary-
borough some yeara affo, where Davis was
convicted, and a bill of indictment being sent
up, and found against the witness (a brogue-
maker) fur perjury, the Court would not put it
off, but piltoried him that very day.

Court. I undarstand this matter has been
ruled already.

Mr. Mac Manut, Here is an affidavit of
capt. Livingstone's, which we desire may be
read.

Court. I do think when a~ man is indictefl
en the last day of the assizes, and desirea time,
he has a right to traverse.

Mr. Moreton. I hope the Court will make
O'Neile give good security.

Court. Indeed he shall.

Court, Mr. Mac Ke^'cher, I desire to be in-
formed whether you design to bring any action
to recover damages for this assault?

Mr. Mac Kercher. We do not, my lord ; we
prosecute for public justice, for tlie safety of
our own and Mr. Annealey's life.

Court. Mr. Kennedy, do yoa design to
bring any actioa to recover damagct for the
assault ?
• Mr. Kennedy. X do Dot| my lord.

2S9]

Trial of fVilUam Chehnynd.

A. D. 1743.

[fSO

Court, Mjriord, the cfmeeni I mm under
if rer? grett to see voiir lordship here as
u oflefMcr agUDSt the law ; and it is ex-
tremely more so Ibat it falls to my lot to
paoiihytor lordship for that offence. Your
iordsbip bu been iottod guilty of an assault,
aad before I mention the judgment of the
Coort, it will be necessary to remind your
loniship of some circorostaoces appearing upon
the eridence attending this fact, which greatly
i^rarate it It appears, to the satisfaction of
tfa€ Coorty that the persons assaulted by you
ud 3Ir. Jans gave no, pro? ocation, had not
itru6k or attempted to strike ; and it appears
upon the eridence of one of the witnesses, that
fiot to much as one word had passed between
^oor lordship and them. This circumstance
IS a great aggravation of the assault. My lord,
joor quality likewise greatly aggravates the
offence; you have the honour to be a peer of
£o({taod, as well as of this kingdom ; and that
qaality calls upon you to set an example of
obedieoce to the king's laws. The place
wbere tbb accident happened, is another grand
tgenvation of the offence ; it was done at a
public meeting of gentlemen on the Curragh,
io ibe presence of great numbera, to whom
Mich a bebavionr in a person of your dignity
ud station of life, must be of a very bad ex-
anpie ; the prevention of which is the thing
prifici|!aily regarded by the law. A number of
people there, by your lordship's example,
rngju be led to take part on the one side or the
other; and if they bad done so, it is to be
fared tliat there minfbt have been more fatal
ooDseqoences. It is with great concern I men-
tioDthis, but such was the evKlence, and I

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Full text of "A complete collection of state trials and proceedings for high treason and other crimes and misdemeanors from the earliest period to the year 1783 : with notes and other illustrations"

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