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three drops of blood fell from his nofe! This was thought invincible proof of his guilt by the jury, and fo thought the coroner.—It brought to bis mind the way an old woman once took to prove that a ghost had appeared;" how do you know there was a ghoft in the room? Oh I'll prove to you there must have been a ghoft-for the very moment I went in I fainted fat on the floor! So fays the Attorney General, "Oh, I'll convince you gentlemen, he defigned to kill the king, for he laughed!" No man of common understanding would take the life of a man on fuch evidence-the law of England would not do it-for the law of England while it fufpended the fword of justice over the head of the guilty man, threw its protection around him if innocent, to fave him from the danger of such evidence-it did more-it threw its protection around him whofe innocence might be doubted, but who was not proved to be guilty.

Mr. juftice Finucane, in charging the jury, repeated the evidence very accurately. He laid down the law refpecting treafon, nearly as it had been laid down by counfel. He obferved, however, that there were two counts, (thofe relat ing to religion) in the indictment, which not being laid as with force could not fupport the charge of treafon. The other counts might te reduced to two heads-the first, for affociating and confulting with Defenders to affift the French the fecond, for administering an oath to Law ler to induce him to affift the King's enemies.➡➡ Either of these charges being proved, would fupport the indictment; but before the jury could find him guilty of either of these they muft be convinced that he affociated and confult ed with the Defenders, and alfo adminiftered the oath to Lawler with a view to affift the Frenchif they thought the prifoner performed those acts with any other intent, they must find him not Having argued on the nature of the crime guilty.He allowed that there was nothing in and the teftimony, Mr. Curran proceeded the oath itself which could fupport the indictment to animadvert on the credit of the wit--but as it was connected with the other evidence, nefs. Did it appear, he asked, that the witness was of that kind on which a jury fhould extinguish the fame, property, and life of an individual. The witnels was a man who was himself an accomplice in all the guilt which he charged on the prifoner. Mr. Curran appealed only to the character which the witnefs had drawn of himself. What, according to his own words, worked his reformation ?-Unappalled at the idea of lapping the blood of a part of the Proteftant body, it was only the heap of feftering dead which naufeated his strong ftomach! Would a jury take the life of the prifoner on the teftimony of him who had already acknowledged to them that his conscience was tough enough for the murder of thousands, and that he hesitated only at the idea of complete extirpation? Would the man who had felt no qualm at the affaffinati on of his king, feel compunction in plunging the dagger into the breast of a subject-one who knowing HIS crimes might be to him an object of hatred and terror?-No furely! A jury therefore would not easily be induced to venture their fouls on the veracity of fuch a wretch, the confeffed traitor and the ready murderer !

After adverting then to the principle of Englifh law which requires the concurrent teftimony of two witneffes to the fame overt act in cafes of treason, and which, though not yet a principle of Irish law, yet feemed a fair and cautious principle of justice.

There were then produced to the prifoner's character, James Reynolds, who knew him for feventeen years, and Thomas O'Neil who knew him for twenty years, both of whom gave him the character of an induftrious and properly behaved man.

Counsellor McNally spoke a few words in defence of the prifoner.

Mr. Prime Serjeant then spoke to evidence, which he did in fuch a manner as became a man doing his duty and yet feeling the impreffions of humanity.

it bore a very different appearance. As to what had appeared in evidence about a rifing in the North, that they should leave out of their confideration, as nothing relating to fuch an event was ftated in the indictment, unless, indeed, they believed that the object of this rifing was to aflift the French.

It would have added greatly to the credibility of Lawler's evidence, in his mind, if it had ap peared that Alderman James had come by the papers which had been produced, by Lawler's means-with refpect to that they were in the dark. He allowed, as Mr. Curran had said, that there was nothing criminal in the inere name of Defender-but if it appeared to the jury that these men who were fo called had certain principles, and that of these, one was to affift the French; then in proving that the prisoner was one of this body, the charge against him was proved. Their defigns, he thought, were fully declared by Hart at Stoney-batter, when he de clared publicly, and aloud, that they must get arms to affist the French-But Mr. Curran had faid, that a man was answerable only for his own act-True, but here was an act of the prifoner proved-his adminiftering the oath and catechifm to the prifoner, binding Lawler to affift the national convention-This writing declared the principles of the Defenders-The prifoner in adminiftering the bath, adopted the principle, and therefore the principle of affifting the French was his. Mr. Curran had faid too, that the expreffion of an individual could not prove that the affembly were confulting-that must be determined by circumftances, but the declaration of Hart, combined with the oath afterward taken by the company, that they would come again with arms on Monday night to go out for arms, was a full proof that the affembly were confulting to affift the French. On the whole he obferved that the proof of the charge refted entirely on the evidence of Lawler, and he certainly was an evi dence liable to very weighty objections. He was L2

an

an accomplice one who had declared he would not fcruple at one time to kill his fovereign.He

was alío a man who did not hudder at that at which human nature fhudders, a maffacre of his fellow-fubjects. All thofe objections however, did not totally destroy his credibility, for he was a competent witnefs, and therefore credible, for if he was not credible he could not be competent.-It was objected to the prifoner that if he had been innocent of administering the oath he might have proved an alibi, but that the nature of the evidence prevented him from doing because no precife time is mentioned for his committing that fact.

Mr. Juftice Chamberlaine after corroborating all the obfervations of judge Finucane, remarked, that the cath which limited the allegiance to the period of living under the king's government appeared to him from that circumftance a cover for an unlawful affociation ;-for without that oh every subject is bound to allegiance during the joint lives of himself and his majesty.-The acts of thofe perfons who used the private figns which Weldon had communicated to the witness, appeared to him to be good evidence to illuftrate the meaning of that paper, and therefore it was that the court had admitted it. With refpect to the fecond oath or catechism in the inuendo of National Convention for perfons exercising the power of government in France, and ofgs for kings appeared to him very naturally and properly filled up, and he believed it would be a refinement not to fay that the traitorous intent in this paper was very obvious.

He stated as ftrongly as judge Finucane the objections to the credibility of Lawler, but allowed that the objections against his credit would have been ftronger had he not informed against Weldon while be (Weldon) was yet at liberty. He recommended it to the jury to confider whether there was any corroborating circumftances to ftrengthen the evidence, for it fe dom happened in the hiftory of the English law that a jury ventured to take away the life of a man on the evidence of a fingle witnefs unfupported by any corroborating circumstances. If there occurred any fuch in this cafe it was that thefe papers had been feen by him in Kennedy's hands and were afterwards found in his poffeffion by Mr. Carleton, and yet even that circumftance may only strengthen his evidence against Kennedy, and not against the prifone.-If on the whole of the cafe, the jury did not find their minds coerced to believe Lawler's teftimony, they must acquit the prifoner.

Baron George concurred in what had been faid by his brethren, except that he did not believe with judge Finucane, that Lawler's teftimony would be ftrengthened it it were proved that alderman James got the papers through Lawler's information.He dwelt however, on the doubt ful credibility of that witness, and in addition to the remarks which had been made by the other judges, and which he again urged, he thought it would be worth the attention of the jury to confider how he hesitated at Mr. Curran's rqueion concerning his belief of a Deity.The court had not enforced an answer to that question,

because it did not appear to be strictly regular, but every man had eyes and ears, and a Jury were to judge by all their fenfes. The witnefs however, had given confiftent teftimony; it was entirely for the Jury to judge of his credit. With regard to what had been done at the other affemblies at which the prifoner had not affifted, the Jury were to attend to it only as explanatory of the papers which had been read and which were brought home to the prifoner; and he de-. fired it might be remembered that it was with that view only that this evidence had been ad

mitted.

The Jury now retired and in 15 minutes brought in a verdict of—GUILTY. The court adjourned at 8 o'clock having fat eleven hours.

Affairs of France.

(Continued from page 496 of our Magazine for December, and ending with the Formation of the new Government, according to the Conftitution decreed and accepted in 1795.)

A

FTER the triumph of the convention over the infurgents of the fections of Paris, their time was chiefly occupied in preparing the neceflary regulations, to establish the form of government prefcribed by the new conftitution. Accordingly on the 22d of October; it was decreed, that, on the 26th of that month, thofe members of the convention, who had been elected into the legislative body, or the council of five hundred, fhould be formed into an electoral body, and complete the two thirds of the members of the convention who were to remain in the council of five hundred.

The last acts of the convention (on the 26th of October) were to decree, that the punishment of death should ceafe at the general peace, and to annul all proceedings and accufations relative to the events of the revolution. It was further decreed, that all those who were in prison on that account should be liberated, if no charges exifted against them refpecting the late confpiracy; and all who oppofed the putting of the new conftitution into activity, with the fabricators of falfe affignats, de tranfported priests, and the emigrants, were excepted from this decree. The convention then declared its fittings as a convention were terminated; and it immediately refolved itself into an electoral body, in order to complete the numbers deficient in the council of five hundred*.

At eight o'clock at night, on the 27th of October, the electoral body had completed the nominations it had to make amounting to 105. During the night the appel nominal took place, for determining thofe of the re-elected members who were forty years of age, and who were married.

N о т E.

* Legendre having expreffed his aftonishment, that the name of Thomas Paine was not to be found in the list of electors, it was answered, that he had been no where re-elected.

The

The verification of powers was finished, with est any difficulty, on the 28th; and the depudes divided themselves into two chambers, and retired to their respective halls. The council of five hundred then proceeded to form a lift of fifty candidates, from which were to be chofen the five members of the executive directory.

The council of elders [anciens] was employed, on the 29th, in electing a prefident, four fecretaries, and other officers. The prefident is Laevelliere Lepaux; the fame day, the council of five hundred elected Danou, prefident.

On the 30th, in the council of elders, it was folved that the constitutional, organic, and regulating laws, should be collected in a fingle code, and a copy be given to each member. The prefident then announced, that the council was complete, being compofed of 167 ex-members of the convention, and 83 new deputies. It declared, that it was definitively conftituted, and decreed that this circumstance should be communicated by a ftate meffenger to the council of five hundred. The meffenger was called, and advanced as far as the balustrade. The president delivered to a fecretary, a dispatch fealed, with the state feal, and thus addressed- The council of elders to the council of five hundred.' The fecretary delivered it to the state messenger, who companied by two ufhers, carried it to the council of five hundred.After this the prefident invited his colleagues to attend the fittings every morning at ten, that they might be enabled to nie at an earlier hour in the evening.

The next day, in the council of elders, five

members were chofen from the fifty candidates to be elected members of the executive directory. The following five had the majority of voices: Lareville Lepaux 216, Letourneur (de la Manche) 189, Reubel, 176, Sieyes, 156, Barras 129; in confequence of which the prefident proclaimed them members of the executive directory. This nomination was notified to the council of five hundred, to the elected members, and to the committees of government; but Sieyes declined accepting the charge.

On the 4th inftant, the council of elders proceeded to the choice of a member of the executive directory in lieu of Sieyes, when Carnot, member of the legislative body, was chofen, and proclaimed the fifth member of the executive directory.

The fame day, the executive directory entered upon business; and elected Reubel their prefident for the first three months; having afterward appointed the minister of juftice, the minister of the interior, the minifter of war, the minifter of exterior of the exterior regulations, and the minister of finance, the government was now confidered as in a ftate of activity; and, as it has fince appeared that the British court have acknowledged, that the prefent government of France is now capable of maintaining the accustomed relations of peace and amity, and confequently that the revolution is fo far terminated, we shall here clofe this history as a feparate article, and refer to the article of our continental advices for the future events that may attract attention to that country.

A

POETRY.

Publick Credit.

Spectator, Vol. I. No. 3.

S lately in my walks, I caft a look

And prints, with acts of parliament were hung
Which were in golden characters exprefs'd.
The head of the extenfive hall was crown'd
With Magna Charta, on the right hand fix'd
The act of uniformity, and fet

Into the fpacious hall, where kept the The act of toleration on the left.

bank,

And was not pleas'd a little to behold

That wealthy corporation's members rang'd,
Directors, fecretaries, clerks and all
In their respective ftations, bufy each
Afting his part in that economy just.
This to my memory the difcourfes brought
I'd heard and read concerning public Truft.
The thoughts which were revolving all the day
Gave the whole night employment to my mind,
So that I fell into a formal dream
Laensibly, which fettled and difpos'd
lato a vifion all my contemplations.

To the great hall methought I had return'd,
Which I had vifited the morn before,
But, in the place of those I there had left,
To my furprife faw at the upper end
Of the wide hall, a virgin mild and fair,
Seated on a lofty throne of gold.

I learn'd that Publick Credit was her name.
The walls, instead of being deck'd with maps

At the lower end was plac'd the a&t
Of fettlement, put fully to the view
Of the fair virgin that fat upon the throne.
The hall each fide with acts were overspread
Made for the founding of the public funds.
Upon this furniture the lady feem'd
To fet a value not to be defcrib'd,
So much that often she her eye regal'd
With them, and often fmil'd with secret joy
As the furvey'd them, and difquiet show'd,
If aught approach'd by which they wou'd be

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Expos'd, that in the twinkling of an eye,
From a complexion of the lovelieft red,
And body of the ftrongeft, healthiest state,
Into a skeleton fhe'd fall and wafte.
But, her recoveries often were as quick
As her confumptions, infomuch that the
From a wasting illness wou'd revive
Anon and blow in all the pinks of health.

Shortly an opportunity I had,

Poetry.

Of feeing thofe quick changes in her frame.
Sat at her feet two fecretaries, who
From every quarter of the globe received
Epiftles every hour, which were aloud
Inceffantly by one or other read;
And in proportion to the news the heard,
To which the gave a most attentive ear,
She'd colour change, and many fymptoms show
Of rofeate vigour, and of fickness pale.

Behind the throne a monftrous heap of bags
Of money, which were on each other pil'd
So high as they the ceiling touch'd, the floor,
Upon her right hand and upon her left,
Was cover'd o'er with fums immense of gold
That rofe in pyramids at both har fides;
But, I at this was not fo much amaz'd,
When 'pon investigation I had learn'd
That fhe had the fame virtue in her touch,
Which poets fay a Lydian king poffeis'd,
And that the cou'd convert what'er the pleas'd
Into that metal most purfu'd and priz❜d.

After a little dizziness of thought,
Which oft a person in a dream befalls,
Methought the fpacious hall was much alarm'd,
The doors flew open wide and in there came
Six phantoms of the most terrifick shapes
Ie're (e'en in a dream) had seen.
They enter'd two by two, and feemed in looks
As if they were not link'd in focial bonds,
Yet mix'd together in a kind of dance.
Their habits and their perfons to defcribe
It wou'd be tedious, therefore I'll but tell
Him who is pleas'd this vifion to perute,
Fell Tyranny that rules with ruthless pow'r,
And Anarchy that in dread chaos joys,
Were the first pair, the fecond Bigotry
And Atheism deadlieft bane of man,
The third the Genius of a common wealth,
And a young man of twenty years and two,
Whofe name I cou'd not learn; in his right hand
He had a fword, which, as he danc'd he hook
At the act of fettlement; and a cit
Who by me ftood, in gentle accents faid,
That in his left hand he a fpunge defcry'd.
The gambol of fo many jaring natures

Put me in mind of the fun, moon, and earth,
That dance together for no other end
But feemingly each other to eclipfe.

The lady, as may justly be fuppos'd,
That fill'd the throne, wou'd have terrify'd
To madneís, had the any one beheld

Of thofe dread fpectres; what must then have
been

Her fituation when the faw them all
Affembled? at the fight the fwoon'd away.

Jan.

The heaps of money wond'rously were chang'd,
The hill of money bags were fhrunk and void,
And not one tenth of them with money charg'd..
The rest that the fame space had occupy'd
And made a figure like the bags that fwell'd
With real fpecie, were blown up with air,
And to my memory call'd the bags of wind,
Which Homer tells his hero as a gift
Receiv'd from olus the god of ftorms.
The piles of gold on either fide the throne,
To be but heaps of paper now appear'd,
Or little piles of sticks in bundles bound.

E

Whilft with deep lamentation heav'd my breaft
At this quick defolation, the whole scene
Vanish'd anon: and in the room of those
Horrifick spectres, other phantoms fprung
In fecond dance agreeably oppos'd,
And the whole group a lovelinefs display'd.
Monarchy at the right of Freedom plac'd
Were the first pair the fecond Moderation
Conducting in Religion; and the third
A perfon whom before I'd never feen,
With Britain's genius.
Reviv'd the lady, to their former bulk
At the first ingrefs
Were fwell'd the bags, the heaps of paper chang'à
And piles of ticks to guineas rear'd in hills.
My heart expanded with fo much delight
And tranfport, that I instantly awoke.

Trinity College,

I. G.

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Epigram on hearing a Gentleman censuring his
Friend for living at the remote part of the

Town.

EASE, Sir, fuch bitter words to fay,
Forbear fo much to blame,

CEA

How often do we every day

Find Man in the extreme!

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WHAT 1 frange world is this to view,

So cross are all its ways,

'Tis hard to know well what to do,

If he's in manners lefs refin'd,
He's then a flatterer fam'd,

If a man's e'er polite and kind,

Or who to please!

A clown he's nam'd.

Sappho poffefs' of generous heart,
And every mental pow'r
That can inftruction fweet impart,

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And gild the hour.

If to her manfion I'd repair,
Then calumny wou'd flow,
Then I'd receive a wound fevere.

If in a boisterous crowd I'd fee

From all I know.

Much prefs'd her lovely frame,
Shou'd I from rudenels fet her free,

I'm flander's theme.
Shoe's

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Then the farcaftic fmile and stare

Is giv'n by all.

Should I, her converse to enjoy Befide her take my feat, 'Usjust remarks my bliss destroy

With idle prate.

If he a gift receives from me,
Or, I from her a boon,
Abroad it flies then that we'll be

If I to her a note should pen,
Or, her in poefy praife,
A falfe and evil turn then

Often the action that I truft
Most people will commend,
Does oftentimes the most disgust,

United foon.

K

Sonnet on Winter.

EEN is the cutting wind; fierce winter

hoar

Grafps nature in his killing cold embrace; Submifs and tame is every beast of chace,

And each sweet bird forgets its dulcet lore
Humble and homely round the cottage door
They fluttering croud, though late fo wild and
fhy;

And pity's tribute wishfully implore
From thofe in happier days they wont to fly.

So can misfortune low the proudest creft;

Shew arrogance and folly what they are; Strike deep inftruction to prefumption's breaft, And vice and pleasure's baited hook lay bare.

But, oh, hard teacher! tho' the paffions fly, Is giv'n my lays. With them all genius' fire, all fancy's glories die !

And moft offend.

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Has harmless millions doomed at times to bleed!
And though by poets long has been despised,
By them poffeffed its pleasures have been prized,
To nature yielding in her ftate depraved;
Perverted gifts which they before had craved.
Prolific bounties Wicklow, long thy boaft,
Beam now in golden rays upon thy coaft,
Which vie all Europe, Alia rich defy,
And dread Hifpaniolian maxims fhall decry?
No harrafled victims to the torture brought,
Shall fully true magnanimity of thought;
But by pure efforts of industry gained,
Shall not by ghaftly avarice be arraigned?
Replete with hope fhall commerce fwell her fail,
And deep the plough in culture fresh prevail;
The tattered peafant by this bounty clad,
With fmiling hope thall make his children glad!
Own'd by the great, the virtuous, and the good,
Who long that spectre vice have ftill withstood;
What gladdening rays of happiness combine,
Where arts and science, in a country fhine;
Those well united in a nation's caufe,
Shall yield protection to its pristine laws.
Thus if difpofed on reason's folid ground
Shall gold diffufe its ufe, to all around,

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