When did you see him again after that? Mrs. Harwell. He returned to me again the 4th of September following. That night he supped at my house, and lay there ; and he stayed at my house Thursday the 5th of September, Friday the 6th, and he went away on the 7th from me for good and all.

Sol.-Gen. Did you know Mr. Ireland, he that was executed? Mrs. Harwell. Very well, my lord. Sol.-Gen. When did he come to your house at Wolverhampton? Mrs. Harwell. The 17th of August, 1678.

Sol.-Gen. What day of the week was it? Mrs. Harwell. Upon Saturday.

Sol.-Gen. - From whence did he say he came at that time? Mrs. Harwell. I do verily believe it was from Tixhall that he came; cannot positively say.

I

Sol.-Gen. How long stayed he there? Mrs. Harwell. He came to my house the 17th of August, 1678. He stopped there that night, and I think he lay in my house every night till the 26th of the same month. Upon the 19th day, after dinner, I went with him a good part of the town of Wolverhampton; and upon Friday following, which was the 23d, he went a little way out of town, to a fair hard by, and returned the same day, and stayed at my house the next day, being Bartholomew day. The next day being the 25th, being Sunday, he was at my house, and he stayed, as I said, every night, and lay at my

Att.-Gen. Whither did he go then? Mrs. Harwell. - To Tixhall, I think, I cannot tell. . . . Oates. · I desire to know, whether this gentlewoman was at Ireland's trial? Mrs. Harwell. · No, my lord; but I heard that upon the 17th of December following, Mr. Ireland was tried at the Old Bailey for High Treason. Upon the 19th, I was informed by the post what was sworn against him; and particularly as to this time, which I knew to be false. And upon my own costs and charges I sent an express away to town here to a friend that I knew, upon reading the letter that was written to me, that Mr. Ireland was falsely accused; and by that express also I sent a petition, humbly beseeching his late majesty, that we might bring in witnesses to prove, that Mr. Ireland was in Staffordshire, when Mr. Oates swore he was in town; and upon that the king stayed the execution about five weeks. We did hope for a second trial, but we could not obtain it; and he was executed. I did it at my own cost and charges; for I thought it my duty, if I could, to save his life, knowing that to be false which was sworn against him. L. C. J. She speaks gravely and soberly, upon my word. Just. Withins. So she does indeed.

Att.-Gen. - We have abundance of them, my lord.

Att.-Gen. Well, for the present, we do not design to call any more witnesses.

L. C. J.-Then let us hear what you say to it.

Oates. My lord, here is an indictment exhibited against me, which sets forth, that I should swear at Mr. Ireland's trial, that Mr. Ireland was in town the 1st and 2d of September; and it sets forth, that in truth he was not in town; and likewise it sets forth, that I swore at the trial of the Five Jesuits, that Mr. Ireland took his leave of me and others here in town at his lodgings in Russel street, between the 8th and 12th of August; whereas the perjury there assigned, is this. That he did not take his leave of me, or any other person, betwixt the 8th and 12th of August, at his lodging in Russel street. . Here is nothing but a bare point of time upon which this perjury is assigned; when the substance of the testimony that I gave at the trials of Mr. Ireland and the rest, about the Popish Plot, is not assigned as any perjury at all; it is only a circumstance of time and place.. "Tis hard and unreasonable to tie up witnesses that come to discover plots and conspiracies, to speak positively as to circumstance of time and place, and every little punctilio in their evidence, to bind them up to such niceties in the delivery of their testimonies, as to time and place. It is usual to speak with latitude as to such kind of things, and 'tis probable my evidence which is now in question was not that Ireland was the 1st or 2d of September positively here in town; but, my lord, I did, I believe, give myself a latitude, and would not confine myself to either the 1st or 2d, 5th, 6th, 7th, or 8th; but my lord, that he was in September there, I am positive. Then, my lord, I shall begin with my proofs: Mr. Jennison

was used as a witness in the trial of Sir George Wakeman, and so was Mr. Bowes, and Mr. Burnet, who was produced to prove the circumstance of Mr. Jennison's evidence; but, my lord, since I cannot have the benefit of his evidence, nor of Sarah Paine's, I must only sum up all I have to say in two or three words. My lord, besides that what I did deliver in evidence at those trials, I gave in upon oath; you have Mr. Bedloe's evidence at the trial of Ireland, testified by Mr. Blaney: and the testimony of him as a dying man, given in to my now lord keeper, wherein he averred, that what he had spoken of the plot, was all true. And you hear that he swore, Mr. Ireland was here in town in August, and so did Sarah Paine too; and I think upon myself as very hardly used, to have such a part of my testimony brought in question, after witnesses are dead, or gone out of the way. . .

Sol.-Gen. May it please your lordship, and you, gentlemen of the jury, the question that you are to try, is a perjury, which is charged on the defendant Titus Oates, for swearing that William Ireland was in town upon the first or second of September, 1678. And likewise, for swearing, that he took his leave of him at his chamber in Russel street, between the eighth and twelfth of August, 1678. And now, let

all the world be judge, if there be any possible room left, that any one word Mr. Oates has said can be true; even giving him the latitude of time he himself desires, and says all witnesses must be allowed. No, there is not one minute for him, wherein he can be verified in any one tittle of his evidence, as to Ireland's being in town. And this is that which I call (and sure, well I may so call it) a demonstrative proof, that what Oates did swear is utterly false. Gentlemen, the jury had not this evidence at the trial of Ireland: some there were that went out of the town with him; and some,

one

or two of Wolverhampton, were at the Five Jesuits' trials; but not above five or six in all of these forty odd, that now appear. True indeed it is, all these were not there; and Ireland upon that, unfortunately suffered; for so I may take leave to say, it was unfortunately.

L. C. J.-Gentlemen of the jury, this case has taken up a great deal of time; but it is a case of that moment and consequence, that sure no time ought to be thought too long, that is employed for the discovering of the truth, so necessary to be discovered, as the matter now in question. . . . First, You must observe, that this indictment against Oates, is for committing willful and corrupt Perjury; which is also said to be done maliciously. And if it were false, surely it was malicious; because by his false oath have innocent men been convicted, condemned, and executed. Secondly, You are to consider, how far the thing goes, to make it material to the issue for if it were upon a nicety only, or a catch, or any of those fine words, that he has been pleased to make use of, it were not fit to perjure him upon it. But it is certainly very material for time and place are matters substantial to discover truth and falsehood by; as in the case of Susannah, the perjury of the Elders, as you may remember, was detected by those very circumstances. Besides, I must observe to you, with what caution, care, and sobriety, both of expression and action, all these gentlemen and women have delivered their testimony, with the greatest tenderness and care that possibly could be: and as well as they have given it with caution, so I cannot but put it home to you, gentlemen at the bar, to give it its due consideration.

For though the other juries did believe Oates, and not them, at

that time; yet that is not to be your measure, because you have not the same reason to do it. Could any person think, that there should be such villains upon earth as impudently to swear downright treason, against their fellow subjects, if there were no truth in the accusation? That was the thing that guided those juries, who were all of them, no doubt, very honest men; and that was it, which influenced the parliament to do what they did in the matter. For it was morally impossible to be thought, any such wickedness could be so publicly attempted. But, God be thanked, the eyes of all honest and understanding men are opened; and we see the fault was in our credulity. . . . And this I say to you, gentlemen, with a purpose to vindicate those persons who were concerned as jurors in the trials of all those causes; because that is the thing much harp'd upon, and aimed at: That because he was believed before, to disbelieve him now would cast a reflection upon the juries; whereas, if that opinion hold, never will there be any such thing as perjury detected, so long as the sun and moon endure: for if a verdict be obtained upon false testimony, and it shall be enough for the witness to say, I was believed at such a trial, and therefore do not you offer to prosecute me for perjury: That would be the finest doctrine that could be taught, to give a license to destroy all truth, justice, and human society. Therefore, I leave it home upon you. Upon your consciences be it. . .

Then the Jury withdrew, to consider their Verdict; and, after half an hour's recess, returned to the bar; and answering to their names, delivered in their Verdict, "That the defendant was Guilty of the Perjury whereof he stood indicted."

Mr. Attorney-General. -My Lords and Gentlemen of the Jury: The indictment has been read. According to the information which I have, it is stated, that this man appeared a little on one side of the party of rebels in Thomas street, who were met by lieutenant Brady - he came suddenly upon the prisoner, who had a pike in his hand; upon perceiving the persons who came near him, he threw away his pike and endeavored to run, but was immediately seized. After a soldier had taken him he struggled to escape, so that it was necessary for a second soldier to assist in securing him. Gentlemen, the prisoner as I understand, is not a native of Dublin, he is a baker in the town of Naas. I cannot conjecture what brought him to Dublin that evening, unless for the treasonable purpose with which we charge him. It is for him to show that he was occupied in that hour upon lawful business, notwithstanding the agitation which then prevailed in the street.

Ex

Felix Brady, Esq., sworn. amined by the Solicitor-General. You are a lieutenant of the 21st regiment? Yes.

Where were you stationed upon the 23d of July last? - At Cork street barracks.

Did you at any time of the night see any number of people, and mention what happened? - I went out with a party, between forty and fifty men, for the purpose of going to Usher's island, to report to Col. Browne the information I had received, of an armed mob being in the city. . I then ordered my men to form subdivisions, and prime and load. I heard an huzza in front, and a great noise of men coming forward- I heard their feet, but could not see them. When they advanced near me, the leading

(1803. HOWELL'S State Trials.

subdivision fired a volley; then the men kept up an independent fire, and from their light I observed near me on the left, some men with pikes; they fled in all directions when the firing was kept up about two minutes, leaving six killed and one dying close by me. .. I saw the prisoner at the bar at the guardhouse in James's street; he was brought there by the men with me, and lodged in the guardhouse. . .

Felix Brady, Esq., cross-examined by Mr. MacNally.

You mentioned that the night was very dark? — It was.

Had you or your party any kind of light? None, but the flashing of the pans.

Upon the discharge of the pieces by your men, there must have been a smoke between the rebels and the soldiers? That of course, if the wind blew it against the soldiers. But it was a calm night? It was. Then the smoke would form a screen between the two parties? I think it would go up.

But for some time, would not the smoke create a darkness between your men and the opposite party? - It is reasonable that it would.

Court. Could you see the men with pikes, notwithstanding the smoke? I could, and did see them with pikes like white poles; the men I saw were upon my left, not in front, so I saw them distinctly. . . .

Robert Watt sworn. Examined by Mr. Townsend.

Look about and try if you know the prisoner at the bar?I do. You belong to the 21st regiment? - I am a private in that regiment. When did you first see the prisoner? -I saw him in Thomas street. Upon what day? On the night of the 23d of July. Were you there

Yes.

upon duty?

Under whose command? - Under lieutenant Brady.

That is the flagged part? Yes. Was it there you saw the prisoner? - Yes.

What did you do? I cried out to him, to stop; when I said that, he threw his pike from him, and I seized him.

Why did you desire him to stop? He was endeavoring to pass us. Did he stop when you bid him? He then threw his pike from him, and I caught him by the breast and brought him among the men.

Did he submit? - No; he struggled to get off, and I was obliged to get another soldier to my assist

And he was upon a line with you behind the first division? - Yes. How many feet do you reckon in a pace? Five feet.

Then you were thirty or five and twenty feet behind the first division? - Not so much.

James Waddle North sworn. Examined by the Attorney-General. You are a private in the 21st regiment? I am.

Where were you on duty the night of the 23d of July?—I was taken from Cork street to James's street and Thomas street, under the command of lieutenant Brady.

Did you ever see the prisoner at the bar before? I did.

When did you first see him? As near as I recollect about ten o'clock on the night of the 23d of July in Thomas street.

Mention the circumstances attending your having taken notice of him? I was in the second subdivision under lieutenant Brady's command, and seeing Watt go out of his rank to take a prisoner, I made after him, and came up as the prisoner threw down his pike; I came up time enough to hear the pike fall, but did not actually see the pike in the prisoner's possession.

What did you do then? - Watt brought the prisoner to the division, he was struggling very hard for liberty. . .

Did you see him by candlelight that night? Not till I saw him at the commander of the forces; but I had no occasion, being so close to him, and by the lamp I could see his person.