almost ashamed to remind you of his evidence, when I reflect that you will never suffer it to glance across your minds on this solemn occasion. This man I may now, without offense or slander, point out to you as a dark Popish spy, who attended the meetings of the London Association, to pervert their harmless purposes.

Attend to his cross-examina

tion. He was sure he had seen Lord George Gordon at Greenwood's room in January; but when Mr. Kenyon, who knew Lord George had never been there, advised him to recollect himself, he desired to consult his notes. First, he is positively sure, from his memory, that he had seen him there; then he says he cannot trust his memory without referring to his papers; on looking at them, they contradict him; and he then confesses, that he never saw Lord George Gordon at Greenwood's room in January, when his note was taken, nor at any other time.

But why did he take notes? He Isaid it was because he foresaw what would happen. How fortunate the crown is, gentlemen, to have such friends to collect evidence by anticipation! When did he begin to take notes? He said on the 21st of February, which was the first time he had been alarmed at what he had seen and heard, although not a minute before he had been reading a note taken at Greenwood's room in January, and had sworn that he attended their meetings, from apprehensions of consequences, as early as December. Mr. Kenyon, who now saw him bewildered in a maze of falsehood, and suspecting his notes to have been a villainous fabrication to give the show of correctness to his evidence, attacked him with a shrewdness for which he was wholly unprepared. You remember the witness had said, that he always took notes when he attended any meetings where he expected their deliberations might be attended with dangerous consequences. "Give me one instance"

"in the whole where you ever Poor Mr. Hay the sweat ran

says Mr. Kenyon, course of your life, took notes before." was thunderstruck; down his face, and his countenance bespoke despair, - not recollection. "Sir, I must have an instance; tell me when and where?" Gentlemen, it was now too late; some instance he was obliged to give, and, as it was evident to everybody that he had one still to choose, I think he might have chosen a better. He had taken notes at the General Assembly of the church of Scotland six and twenty years before! . . . Mr. Hay thought it of moment to his own credit in the cause, that he himself might be thought a Protestant, unconnected with Papists, and not a Popish spy.

So ambitious, indeed, was the miscreant of being useful in this odious character, through every stage of the cause, that after staying a little in St. George's fields, he ran home to his own house in St. Dunstan's churchyard, and got upon the leads where he swore he saw the very man carrying the very same flag he had seen in the fields. Gentlemen, whether the petitioners employed the same standard man through the whole course of their peaceable procession is certainly totally immaterial to the cause, but the circumstance is material to show the wickedness of the man. How," says Mr. Kenyon, "do you know that it was the same person you saw in the fields? Were you acquainted with him? "No.". How then? Why, "he looked like a brewer's servant." Like a brewer's servant! - What, were they not all in their Sunday's clothes?"Oh! yes, they were all in their Sunday's clothes.' Was the man with the flag then alone in the dress of his trade? "No." Then how do you know he was a brewer's servant? Poor Mr. Hay-nothing but sweat and confusion again. At last, after a hesitation, which everybody thought would have ended in his running out of

court, he said, he knew him to be a brewer's servant, because there was something particular in the cut of his coat, the cut of his breeches, AND THE CUT OF HIS STOCKINGS. You see, gentlemen, by what strange means villainy is sometimes detected; perhaps he might have escaped from me, but he sunk under that shrewdness and sagacity, which ability, without long habit, does not provide. Gentlemen, you will not, I am sure, forget, whenever you see a man, about whose apparel there is "anything particular," to set him down for a brewer's servant!

Mr. Hay afterwards went to the lobby of the House of Commons. What took him there? He thought himself in danger; and therefore, says Mr. Kenyon, you thrust yourself voluntarily into the very center of danger! That would not do.

Then he had a particular friend, whom he knew to be in the lobby, and whom he apprehended to be in danger. "Sir, who was that particular friend? Out with it: Give us his name instantly." All in confusion again. Not a word to say for himself; and the name of this person, who had the honor of Mr. Hay's friendship, will probably remain a secret forever.

It may be asked, Are these circumstances material? And the answer is obvious: they ARE material; because, when you see a witness running into every hole and corner of falsehood, and as fast as he is made to bolt out of one, taking cover in another, you will never give credit to what that man relates, as to any possible matter which is to affect the life or reputation of a fellow citizen accused before you.

[The Rev. Mr. Winterbotham had attracted attention by his sermons with liberal political bearings. The French Revolution then being at its height, and liberal views in England being much suspected, Mr. Winterbotham was charged with seditious utterances in one of his sermons.].

Edward Lyne examined by Mr. Sergeant Lawrence.

Were you at the meeting in How's lane on the evening of the 18th of November last? - Yes; I went there with Mr. Darby, in consequence of a report that Mr. Winterbotham had preached a seditious sermon on the 5th of November.

Were you there before the defendant began his sermon? Yes, we were; we heard him begin.

Do you recollect the text he preached from? Yes, it was from Rom. 13th ch., 12 ver.: "The night is far spent, the day is at hand, let us therefore cast off the works of darkness, and let us put on the armor of light."

How did he treat this text? After the preamble to his sermon, he said, he felt himself bound by the present juncture of affairs, to apply the text politically. We were then in the aisle, but on Mr. Winterbotham's proposing his intention to treat his subject politically, we went into a pew and sat down. He then repeated the words of his text, and said, "Darkness has long cast her veil over the land, persecution and tyranny have carried universal sway." He then expatiated on that head, and proceeded, “Magisterial powers have long been a scourge to the liberties and rights of the people; it does not matter by what names these usurped powers were known, whether by king, senate, potentate, or stadtholder, they are in either sense usurped." This he endeavored to prove by the following part of his discourse, which I do not recollect. He then adverted to the affairs of France, and said, "The yoke of bondage amongst our neighbors seems now to be pretty well

broken, and it is expected the same blessing is awaiting us; when persecution and tyranny shall be no more, when enjoying the liberties of a free people we shall boast of having introduced amongst us that equality our neighbors have acquired." He then immediately, or soon afterwards, rejoined, “To possess such an acquisition, we were to cast off the works of darkness and put on the armor of light."

Do you recollect anything more of the sermon ?-There is no other particular passage that I can recollect the words of.

Did you ever take minutes of what you heard? Immediately on leaving the meeting, with those observations strongly impressed on my mind, I went home to my lodgings, and there made minutes; and I am sure these are the very expressions the defendant used.

Cross-examined by Mr. Gibbs. Pray, Mr. Lyne, how came you to go to the meeting on the evening on which this sermon was preached? - I went with Mr. Darby, in consequence of the rumors which were circulated respecting the former

sermon.

You say you went in consequence of certain rumors which had been circulated respecting the former sermon; I would ask you if you believed those rumors ?— No; I disbelieved the report.

I believe you are not one of Mr. Winterbotham's congregation? No, I am not.

Then as you are not in the habit of attending Mr. Winterbotham, and as you disbelieved the reports in circulation respecting the former sermon, I would ask you what were the motives with which you went on that evening? I went as the friend of Mr. Winterbotham, to take his part, that I might have an opportunity to defend him against the accusations concerning him.

You say you went as the friend of Mr. Winterbotham, that you might have an opportunity to take his

part; that was your motive for going? Yes; and if I had thought. he would have been prosecuted I would not have gone.

Then it was your general Christian philanthropy that led you to the meeting as the friend of Mr. Winterbotham? Yes, it was my general Christian philanthropy that led me to go there.

As the friend of Mr. Winterbotham, I would ask you, what is your opinion of the whole of the sermon? I considered the whole of the sermon as totally seditious.

Was there no part of it but what was seditious? There were many moral and religious sentiments, but the whole, in a chain, was seditious.

Pray how long do you think Mr. Winterbotham was in preaching this sermon ?-About three quarters of an hour.

And though you went to the meeting as the friend of Mr. Winterbotham, and though Mr. Winterbotham was three quarters of an hour in preaching, you do not recollect any passage in the discourse but what was seditious?—At that time I did not wish to recollect any that were not seditious.

Though you were the friend of Mr. Winterbotham, you had no wish to retain any passage in your memory but those you thought seditious? -I endeavored to retain in my mind those which were so strong.

But you don't recollect any other sentence in the whole sermon, but those you have given in evidence? -I can't repeat any other sentence.

attend to what he said, intending to take part against him if called

upon.

Pray in what manner did Mr. Winterbotham begin his sermon ? He gave a moral exposition of the text at first; but I don't remember what he said, neither the words nor the tenor of them.

Then there was nothing seditious in the first part of the sermon ? — I really think the first exposition of the text was such as any clergyman might have used in any place of devotion.

But you don't remember anything of this part of the subject which you think was unexceptionable? I cannot repeat any sentence; did not endeavor to store in my mind any part of it.

I

Though you went to the meeting as the friend of Mr. Winterbotham, and for the express purpose of vindicating him from what you conceived to be false accusations, yet you did not endeavor to store in your mind any sentence of that part of the sermon which you conceived to be unexceptionable?—No, I did

not.

As you say you cannot repeat any sentence that Mr. Winterbotham uttered besides those you have given in evidence, I'll endeavor to call a few passages to your mind. . . Do you recollect Mr. Winterbotham's saying, the man who could entertain an idea of equality, either in character or property, was a fool or a madman, and ought to be dealt with as such? - If such arguments had been used, they would appear quite inconsistent; they would appear quite contrary to the drift of the sermon.

Might it not have escaped your notice? I do not know whether it could or not.

I think Mr. Winterbotham in his sermon insisted on some motives, which ought to induce persons to obey the powers ordained? - I do not know whether he did nor not....

Pray did not Mr. Winterbotham say something in his sermon about

the Africans, about their deliverance from slavery?—I have some faint idea that there was something said about the Africans, but I cannot tell what; I do not recollect anything of the sermon but what I have already proved.

You say you don't recollect anything of the sermon but what you have already proved; I'll endeavor to refresh your memory: I think Mr. Winterbotham, in his sermon, stated the absolute necessity of a chief magistrate, whether dignified with the title of emperor, king, stadtholder, doge, president, or any other? I do not recollect. . .

Did you see Mr. Darby at any time afterwards that evening?-Yes, Mr. Darby came to me the same night.

And then I suppose you made minutes? —Mr. Darby did not then see the minutes I had made.

Has he ever seen them since? Yes, perhaps in the space of ten days after, or it might be a shorter

space.

Then you had no communication with Mr. Darby that night about the sermon? you did not say anything to him that you had made minutes of it? - I had no communication about the minutes; I only expressed my resentment to Mr. Darby.

John Darby sworn. Examined by Mr. Fanshawe.

Were you at the meeting in How's - lane, on the 18th of November? Yes; I went there with Mr. Lyne.

Do you remember who preached? -Yes, Mr. Winterbotham preached; the text was 13th Rom., 8th verse.

And what did he say about the text?-He made some observations which I did not attend to, and then said, at this juncture it was necessary to apply it politically; I then paid attention, and Mr. Lyne went into a pew, and sat down, but I remained in the aisle; Mr. Winterbotham then proceeded: "Darkness has long cast her veil over the land; persecution and tyranny have car

ried universal sway." He then expatiated upon that head, and proceeded: "Magisterial powers have long been a scourge to the liberties and rights of the people; it does not matter by what means these usurped powers are known, whether by king, senate, potentate, or stadtholder, they are in either sense usurped." He then introduced the former part of his text the night is far spent, the day is at hand," and followed it up with this observation: "The yoke of bondage amongst our neighbors seems now to be pretty well broken, and it is expected the same blessing is awaiting us, when persecution and tyranny shall be no more; when enjoying the liberties of a free people, we shall boast of having introduced amongst us that equality our neighbors have acquired." I then had occasion to leave the meeting: I afterwards returned, and found the service done, and Mr. Lyne gone.

Are you certain that what you have given in evidence are the defendant's exact words?-I am certain it was the sense, if not the exact words.

Cross-examined by Mr. East. Did you make any minutes of what you heard? I made no minutes at that time, but have done it since.

At that time I had no idea of a prosecution.

Mr. Gibbs. As you only copied from Mr. Lyne's minutes what you recollected to have been spoken, those words must at the time of their delivery have made a very deep impression on your mind?-I never heard a sermon that struck me so forcibly.

What were the parts that made such an impression?—I do not recollect the particular parts.

I believe there were no particular parts but what you found in Mr. Lyne's minutes?—There was a part of Mr. Lyne's minutes I did not copy, what passed after I left the meeting.

You copied all that was in Mr. Lyne's minutes that was said before you left the meeting?-I did copy all that part.

How long were you at the meeting?-About twenty minutes.

And you take upon you to swear that what you have given in evidence were Mr. Winterbotham's identical words?—I do not say the defendant used the identical words, but only words to that tendency. ... Mr. Gibbs (arguing for the defense). A miracle was once stated to have happened relative to the translation of the Septuagint. Seventy old men were put into different cells to translate the Testament, and they all translated it in the same words. It is necessary for the jury to believe that the same kind of a miracle has again happened, if they think that the two witnesses for the crown one of them a clerk to the collector of excise, the other a midshipman in the navy could both go to a meeting hear a sermon preached which lasted three quarters of an hour-come out again, collect a great number of sentences in the sermon retain them in their memory and come here nine months afterwards, and repeat them precisely in the same words. This I have not stomach to digest. One of the witnesses took notes of the particular passages, which the other saw