« ElőzőTovább »
was confirmed in a bad opinion of Lawler's wife to pay her rent, after he 2 him.
was in custody, for which Ebbs had be. Cross-examined by the Attorney Ge- come urgent. He had known Lawler
neral.' He said his first reason for the in London, and found that he was there s bad opinion was, that Lawler worked under the fictitious name of Wright, in
generally on Sundays, and constantly confequence as Lawler then told him,
broke the Sabbath ; but he also admits of bis having enlisted, and paid him ten e that Lawler was an induftrious man, pounds, as the remainder of fifty re
and honeft so far as pundually paying maining due to him of a legacy, by Mr.
his rent, yet he wished to get rid of him, Digby, his guardian, of Grafton-itreet. -- but did not know how ; he says he ne Cross-examined by counsellor Mac
ter had, to his recollection, any conver. Nally. He was asked how he came to sation respecting Lawler with any per- advance money to Lawler's wife to pay fon of late, to whom he spoke of him rent, and aniwered, he thought any as an honest induftrious man, of fair man, like Lawler, who had stepped for
charader, or expressed deep concern at ward to prevent so much mischief to his e his apprehenfion; witness says he be country, ought not to be suffered to o longs to no club or society: he was of- want. He said he did expect to be reEs ten folicited by Lawler to become a imbursed by Lawler-and by the fame # member of the philanthropic fociety, means of industry he always used before Day and on asking its principles and objects, he was apprehended. The counsel then
Lawler refused to tell until he should asked him, “ What! do you think he
firft enter, which the witness refuled;' will be let to live in this country?" To Go the reason he thinks him not credible which Mr. Cowen answered, " I do; 24 on his oath is his disregard of the fab. and can see no reason wby he should cai bath, and some converlation Lawler one not." Counsellor Mac Nally replied, ple
day had with his wife in his absence, “ If you do, you must see much farther le but this the court would not permit him than I can. Nothing farther remark000 itate.
able came out in the cross examination, The next witness was to the prison. which Mr. Cowen concluded by saying, er's character. He keeps a bacon and " That if he had not acted the part he butter fhop in Liffey.street; the pri. had done in this bufiness, he would not foner lived in a cellar under his shop, have acquitted his duty to his king, 10 was very induftrious, early and late at his country, or to his God." his work as a thoemaker, and very Evidence being thus closed on both dutiful in maintaining by his industry a fides,
mother and four orphan children. The The Court told counsellor Mac Nally wil evidence for the prisoner closed here. that as he was the fingle counsel on the
On the part of the crown, Mr. occasion for the prisoner, he was at li10 George Cowen, printseller, of Grafton berly again to speak to evidence if he
street, was called and sworn, and he chose. de depofed, he had heard the teftimony of This, however, the learned counsel
Lawler both on this day and on the declined, further iban withing to preis ustrial of Weldon, and that it was ftri&tly on the recollection of the jury that no de confiftent, and nearly verbatim with the act was charged against his client as upy declaration he had made to himselt and commiited in the company of deten. ppf alderman James. He never heard the ders, except what was ltated to have
credibility of Lawler impeached until been declared by himself in conversation chis day. Lawler had worked in his with Lawler; but they would obierve employment.
He always considered that Lawler was studioudy cautious in him an honeft induftrious man-and Ataring the le conversations to have hapWilliam Ebbs (one of the witnesses ex- pened privately, and without any polii
amined this day, to the difcredit of hle privity of a third person, whole iefpit Lawler's testimony) told him that Law- limony could be brought to confront is
ler was an honeft, drcent, industrious him. na creature. Witness advanced money 10 Mr. Solicitor General now addressed
the court and jury, with his usual abili. consistency, supported as it was by the ty, in a speech of an hour and an half, concurring evidence of others. in which he urged with every polible
When Mr. Solicitor General came to
came force the strict con Giftency of Lawler's that part of the evidence where Mr. testimony and declarations throughout Cowen had been examined by Mr. the whole of this bufiness, corroborated Mac Nally, and asked, if he thought in this case by the circumstances of the that such a man as Lawler would be rohbing of Finnegan's house, proved by let to live in this country, he was himself, and corresponding in all its strong, fevere, and pointed. "Whal,' eircumftances with the account Maled by said he, are we then come to that Lawler to have been given by the pri “ Nate in which any advocate fhall Bare foner: the presence of the prisoner at “ to rise in his place in this couri, and the meeting of defenders in Stoneybat ask it a witness, who comes forward ter, whose purpose was obviously prove "in aid of public justice, shall be fufcd in the explanation given hy Hart, to "fered to live in this country? Shall a wit, to seize arms and asli At the French, barrister of this court dare to infiand the intercharge of those very fig nuate, in the very face of it, that a nals which were the confidential cokens “ witness who comes forward to give of defenderism, and the concurrence of “evidence in aid of its deliberations on the very witnesses brought to invalidare "behalf of the crown, th all do so at the Lawler's teftimony, in the existence of " risk of his life? it is in vain that we the several clubs and societies, and the “ pass laws--in vain do we deliberate circumstance of Lawler, Burke, Leblanc “ upon the crimes of defenders, or bring and others, being members thereof.- "traitors to the bar of justice; for what The learned Solicitor General went “ witness will come forward to give his ebrough the whole of the prominent “testimony in this court against crimiparts of evidence, which he applied to “nals such as the pritoner al the bar, ibe firft, fecord and eighth counts of the “if it was to be understood they came indictment, which charged the associat- “ forward at the risk of their lives?"ing with defenders: the conterring and The court interfered, and said they did confulting with them for the purposes not collect fuch a meaning from the of their association and the adhering question put by the countel for the pri10 the king's enemies, relying that any soner, for had any man in that court overt act to support any one of thele put such a question, in such meaning, poins would be fufficient to subftan they would not hesitate to commit him riate ihe guilt of the prisoner; 10 these forih with. points the affociating with the defenders Mr. Soliciior said, he begged the in Stoneybaiter on a particular night, learned gentleman's pardon, as he did his using their fignals, and his acknow. not till now perceive he was ablent. ledgment of the plundering of Finne. Poffibly he himlelf in the warmth of gan's houle, neither of which had been his zeal, might have imputed a different contradicted by a title of evidence to meaning to the question from what was thew the prisoner was not there, must intended, and which, the learned gentlefupport beyond a doubt these facts, He man, if he was present, might remove defended with great ingenuity and ad- by explanation : nu man would be dress the credibility of a repen:ant cris more forry to misconceive, or farther' minal, appalled with horror at his own from miltating any gentleman's argudelusions, and willing to atone to his ments or intentions than he ihould, country and his God, againit that doubt [here Mr. Mac Naily returned into which should attach to him under his cour,] he was extremely glad, however, former crimes and errors, and urged to see the learned gentleman now in his thar, however the paflions or prejudices place, as he would have an opportunity of a jury might be roused against the of explaining his true meaning, former immorality of Lawler, they Mr. Mac Nally, after adverting to could not fhut their eyes against his what he called the severity of the si
marks which had been made by the of the cvidence, which he fummed up learned folicitor, on the question he had with the utmost accuracy and precision, put, declared, ihat.no inan abhorred they had no reasonable doubt of the more than he did the idea of such an in. guilt of the prisoner, as to his associatlearion as that imputed. He meant no ing with defenders, for this seemed to more than that fuch' a man as Lawler, be the overt, act to which the evidence who had acknowlidged such crimes and was principally directed, and to which fuch principles, would not be entertain it would be priacipally necessary for the ed in any house, or received into any jury to confine their deliberations, the employment in the country, and added, indi&tment under that belief would be that if he could have been so ignorant fully supported; if on the contrary of bis duty, fo loft 19 a proper tense of they did feel a reasonable doubt, it the dignity of the coure, or of his owo would be abeir duty to acquir. character as a lawyer, or as a man, he The jury retired for an hour, and re. would deserve to be itripped of his gown. turned iheir verdieNot GUILTY.
The court expressed the fullest satisfaction at this explanation, and said Anecdote of Franklin and Vallaite. Make Nally could have the meaning firt werdotesofcbe French Natiop, imputed 19 ihe question.
Mr. Solicitor General acquiesced in is the following interesting account of declaring his perfe& facisfaction with the illuftrious characters who appear the explanation given to words which
in it. to him certainly were of an ambiguous
" When Voltaire artived at Paris,' lense; and he re-capitulated his for
an interview took place between him mer apology for making the remarks in and Franklin. After the first-complishe learned gentleman's abfence, but ments, which by the way were more was certain the learned gentleman him- adulative than comported with the chaself would not regret that an opportu. all of a stern Republican, the Doctor
racter of an American, and above. biry bad been afforded him for the explanation. "
presented his grandson to Voltaire, in Baron George now proceeded to foliciting for him his ble ling. The charge the jury, and laid down the rules Philofopher of impiety relished the
of evidence as affe&ing the present cafe. pleasanıry; and to render the farce The infidelity of a witness as to the ex: complete, he rose from his chair; and istence of a God, of the belief of a future with a patriarchal air. laid his hands Itate of rewards and punishments, would on the head of the child, and folemnly in law certainly render his evidence in pronounced, in a loud voice, thefe three admiffible; but if he believed those words; God, Liberty, and I leration. points under any kind of religion, his All the pious were locked at the fwearing according to the forms and American, who, they said, burlesqued usage of that religion would be fufti Religion in asking the blejling of Vol. cient to validate his teftimony. In the
taire." prefent case there were certainly very
Bon Mt. mer faith and morality of Lawlers od A Sithe furgeon of a thip, a shorttime
since lying off the North Wall, this upon the vaths of men whose teftiwho ufed, in every disease, to preferibe mony had not been impeached. But to the men nothing but sea water, was on the other hand, Lawler bad declared returning from shore, the rope by which
oach his renunciation of bis former they ascend the hip's fide by some acci-, itý. Against sbe imputation thus dent broke, and the surgeon fell into va upon his credibility the jury the water: on which bawling our luftils,
weigh the confiftency of his one of the failors enquired, "What's evra. inde näcb the testimony of the other the matter?"* Why? answered a melfwitoolle brought in lupport of it, fo mate," the dutor has only tumbled far as they went, and if, upon the whole into his own medicine chef Hib. Mag. Feb. 1796.
I gave her a look, O as fly as a Thief, 1
She open'd the door, I sat down by the fire,