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COMPLETE    COLLECTION 

OF 

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. 


I 


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 


TO 


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 

r 

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 


OF 


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 


3] 


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. 


[6 


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 


«] 


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 


9] 


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 


HJ 


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 

8 


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}, 

Q 


m 


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 

« 
* 

« 
« 

« 
« 

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. 

0 


f^ 


^CtE&R^EIL 


Trial  tfTHarg  Htathp 


im 


*  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 
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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 


I 


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 

OF 

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 

8 


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 

F 


en 


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 


[n 


r 


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« 


y^ 


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 


t 


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 


VA 


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 


1 


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  » 


m 


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 

i 


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] 


Ar 


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, 

ft 


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 

IS 

Debtr. 

Year  Month 

F  ^r^r  BBMW^^a 

• 

■ 

and  Day 

•  » 

17 15 

«             • 

. 

Marah  2a 

1                                    «                • 

» 

1 

1    April  18 

\  Contra  | 
9  Bills. 


IS- 


Dit*  in  full  MicbaelmasI  1 1  17    8 
17U 


Credr. 
4  10 


i 


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 


IS 


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 

Do 

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. 


im 


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. 

L 


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<» 


I 


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 ; 


:i 


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 


M 


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. 

9 


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. 

M 


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. 


I 


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. 


I 


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, 


N 


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 

N 


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. 


tm 


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. 

1 


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 

O 


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** 

4* 


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 


1 


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 


/I 


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. 

a 


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 

9 


t 


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 


in 


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^ 


J 


'  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- 


I 


¥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 


kO 


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, 


mi 


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. 

T 


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