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madversions on the nature of the case, he forgot not that the prisoner was a gentleman, and that, in his then wretched fituation, it would ill become any man, who had the feelings of a gentleman, to insult his misfortune, or aggravate, by unkind or harsh expressions, the distress of his mind : instead, therefore, of calling him the prisoner, he called him all along the unfortunate gentleman at the bar ; he nevertheless omitted nothing that could tend to the conviction of the doctor, if it should appear in evidence that he ought to be convicted ; but at the same time he implored the jury to diveft themselves of prejudice, and not to suffer themselves to be influenced in their verdict by any thing but the evidence. After having stated the particulars of the case, he called Mary Ducrow. This young woman was servant to Mr. Hardy, at the time he was killed. She said that Mr. Macgennis came home at about half after five o'clock in the evening of the 28th of December ; that she lighted him up ftairs to his apartment, the back room on the second floor ; that she returned down stairs to a little back parlour, where her maf. ter, her mistress, and herself, were drinking tea, when the doctor came home; that she had not been long there, when some water fell upon the sky-light, through which this little parlour usually received light ; and that the water had come from the doctor's window. Her master, upon this, immediately took the candle in his hand, and went up stairs to reprove (as he faid) the prisoner for having thrown the water from his chamber-pot on the lky-light. The witness heard some words pass between them, but could not distinguish them plainly. Her master was returning down stairs, when the prisoner said he was a thief, and had robbed him; upon which the deceased turned back, and going up stairs again, faid, “ Do you call me a thief? I will take you before a justice of peace to-morrow.” Immediately after this, the witness heard the candlestick fall, and something rolled down stairs ; she then ran up, with another girl who was in the house, and found her master lying upon the landing-place, a flight or two of stairs lower down than the prisoner's aparta ment: she asked him what was the matter, but received no an. fwer; and the body having been carried into the kitchen, she perceived that it bled ; and Mrs. Hardy having opened his waistcoat, and tore open his shirt, a wound was found under his left breaft, from which the blood poured very fast ; and her master setching a deep figh, expired. She said, that while the was attending thus upon her matter, Me heard the prisoner cry out murder, and say that a man was murdered.-Messrs. Sylvester and Erskine were counsel for the prisoner. On the cross-exa. mination, the servant said, that she did not hear the prisoner come down stairs from his apartment ; but repeated that her master went up a second time to him : she could not recollect whereabouts the candle and candlestick lay when found.
Adey Lancashire, servant to a lodger in the house of the de. ceased, was the next witness called, and she corroborated all that had been said by Mary Ducrow, except in two circumstances; one was, that she did not understand, that when Dr. Macgennis cried out murder, he had said that a man was murdered; but that he himself was in danger of being murdered by the deceased. The other circumstance was, that when Mr. Hardy went up che second time to the doctor's door, on being called a thief, the heard a noise. Judge Willes (who was the trying judge) asked her, if noise was the word she made use of, when the was giving her evidence before the coroner. His lord ship faid, that on that occasion she had deposed, that she had heard a buftle (the judge had her deposition before him in writing): the girl said, he believed she might have used the word buffle. The jodge asked her, if she understood by the word bufle, a fruggle ; she replied, that there might have been a struggle.
The surgeon, who opened the body of the deceased, appeared, and proved, that the knife with which the wound had been given, having passed through the right ventricle of the heart, had occafioned Mr. Hardy's death. He said, that the prisoner having been brought down stairs while he (the surgeon) was infpecting the body, and informed that Mr. Hardy was dead, exclaimed, “ Is he, indeed ? Then I am the verieit wretch alive ! the most unhappy of mortals !”— Mr. Proctor, the constable, who had taken doctor Macgennis intc cuftody, faid, that not thioking it prudent to go up stairs unarmed, or alone, he and two others had got each a hanger; and going up to the prifoner's door, one of them kicked at it ; upon which the prifoner asked from within, if there was a peace officer on the outfide ? and having been answered in the affirmative, he said, " Then I will open the door, and immediately surrender myself into his hands." He accordingly opened the door ; and being aked, if he had any weapons about him ? he replied, that he had only a knife, which was in his pocket, which the witness took out. They then all went down ftairs together; and the prisoner, on seeing the body of the deceased, made the exclamation stated in the surgeon's evidence ; and on being put into a coach, he expressed a hope that God would give him time to repent. In Newgate, the constable having aked him about the particulars of the melancholy affair, he said, that Mr. Hardy had assaulted him, ftruck him several times upon the breaft, knocked him down, and, pulling him by the hair, was drag, ging him to the fairs, to fling him down the fight ; and that, in such a situation, he had done what self-preservation had suge gested to him, for his deliverance. (Here it may not be improper to observe, that the deceased was a very strong, able, muscular young man, under thirty years of age ; the doctor is a little man, very feeble, and turned of threescore.] Upon this, the constable examined his breast, but found no marks of blows ; and having remarked this to the doctor, he replied, that his flesh was of such a nature, that it it was beaten ever so much, it never appeared discoloured. Both hands of the prisoner were bloody when he was apprehended. On the day after he was lodged in Newgate, the witness went to the house of the deceased : he examined the stairs, and traced blood up to the landing-place of the doctor's apartment, on which place he saw some drops ; and particularly, the knob of the bannister of the landing-place was covered all over with blood : he also found the candle on the landing-place, and saw that it had been trodden under foot.ro-Here the evidence for the crown was closed.
Mr. Macgennis tendered to the court a defence in writing, which he requested to be read. The judges Willes, Ashhurst, and the recorder, concurred in opinion, that before this paper was read, it should undergo the revision of his counsel, as, in his awful and disturbed situation, the prisoner might ignorantly ftate facts, which, in point of law, were sufficient to condemn him. Messrs. Erskine and Sylvester perused the defence, which met with their approbation, and it was audibly read by Mr. Reynolds, clerk of the arraigns.
The doctor in his defence stated, that the servant girl having neglected to empty the chamber-pot, he had been obliged to do
it himself into the yard; and some of the water having fallen - upon the sky-light, Mr. Hardy went up to him in a great passion, - and used very illiberal language to him, to which be (the pri. foner) had not, of course, made a mild reply ; that the deceased, upon hearing this reply, on his way down ftairs, returned in haste, and forced open his chamber door, which the prisoner had endeavoured to keep shut ; that he then ftruck him, brought him to the ground, dragged him by the hair, and said he would throw him over the bannifters. In this situation, engaged in a conteft, which, from the strength and youth of the deceased, must appear to have been very unequal indeed, he had, from an apprehension of danger, faved his life for that time, by taking away that of Mr. Hardy: he had acted from the impulse of nature, and that principle of the human heart, which makes a man prefer his own life to the preservation of that of any other person, not that he had any idea, that by extricating himself,
he should have killed Mr. Hardy, a man against whom he had acver entertained a particle of malice or ill-will: if he had done right, he expected that he would be cleared of the odious charge of murder; if he had done wrong, he was in the hands of his country, and at the disposal of the laws; to whose judgement, be it wbat it might, he would submit without a murmur.
His council then called Mr. Curtis, of Ivy-Lane, behind Newgate-street. On the day Mr. Hardy died, he was alarmed with a cry of murder, and running to his window, which looked into the doctor's apartment, (the walls of the two houses not being ten yards afunder) he faw the prisoner at the window, and heard him cry out murder, and say that he was in danger of being mordered. The prisoner, seeing him, cried out, * For God's fake come to my allistance.”
Another witness proved, that having called out to the prisoner to know why he did not furrender himself, he received for an. fwer, « They have got fire-arms, and I am afraid that if I open the door they will hoot me; but if you will fetch a peaceofficer, I will surrender to him instantly."
Mr. Daniel Shield (a West-India merchant) was the first witacls called to his character. He said he had known the doctor for twelve years, the greatest part of the time at Jamaica and that he had always found him moft fingularly humane, tender and kind to chofe who stood in need of his services; and that he never knew a man of greater gentleness of manners, or beneficence of disposition.
Lord Viscount Barrington was the second witness to his character. He said he had known Mr. Macgennis for many years, and, during the whole time, he had found him a meek, harmless, innocent, inoffensive man. He had sometimes heard him complain that he was neglected by men in power ; but he had always mixed so much mildness, temper, and moderation with his complaints, that he clearly fliewed he felt not an atom of animolity against those who were the objects. He had ever found him an advocate for humanity, and a man without gall a resentment. His lordhip heard first of him from the earl of Hillsboroagh, who had given him just such a character of the doctor as he himself had then given to the court ; and he was convinced that if his lordship was in England he would readily appear in behalf of his friend, and bear testimony upon oath to the amiableness of his character.
The earl of Effingham was the third witness to his character. He said he had known the doctor as a man of letters and an author ; that he had shewn him foine tracts written by himself, (the prisoner) in order that he might have his opinion of them
previous previous to the publication ; that most of these tracts were in defence of the rights of humanity, for which he had always found him a strenuous advocate ; and from the knowledge he had of him, he believed him incapable of wilfully or maliciously doing an injury to any man ; for he looked upon him as the pattern of meekness, and the most inoffensive man alive. ::
Major-general Murray (uncle to the duke of Athol) said, he had known Dr. Macgennis ever fince the year 1777 ; that on his way home from America, he had seen the doctor on shipboard, who was introduced to him by major Ferguson, since killed in America. The major had known the prisoner ten years before, and recommended him as a person of the greatest tenderness and humanity. The general declared that he himself had seen fingular proofs of his humanity: he remembered him to give away to the sick and wounded foldiers, under his care, the fresh provisions he had for his own table; and he knew him to have lain on the boards, in order to accommodate his patients with his bed. In a word, he was convinced that he was a man of the greatest humanity, and uncommon gentleness of dispofition. : Mr. Edmund Burke had known him for many years, and had every reason to think him one of the best natured men in the world. He could not speak of his knowledge as a physician, becaufe he was not a judge of it ; but he had heard from several physicians of the first eminence, that it was very considerable. He had never heard him speak harshly of men in power ; though he knew that, to use the softeft expression, he had been very ill treated; and he (Mr. Burke) had never felt himself more af. fected than at seeing so worthy a man in so melancholy a fituation.
Major Fleming was acquainted with the prisoner for seventeen years; during which time he remarked in him the simplicity and innocence of a child, and the greatest share of philanthropy and benevolence that he ever discovered in the breast of man. He had himself been a witness to many acts of his humanity. About nine months ago he was on Dublin duty; the doctor was there at the time, and in circumstances not the most easy; he was forry to see him so, and in order to have it in his power to give him some money, without offending his delicacy, he requested he would attend a poor patient, and he gave him his fees regularly, though his visits at the time were not wanted, as the patient was attended by the surgeon of the regiment; but to his great surprize, he found that he had given away to the patient and his family more than half of what he had received from him in fees. The major had afterwards lent him a few