Gentlemen, you have the life of a fellow subject in your hands, and by the benignity of our laws, he is presumed to be an innocent man until your verdict shall find him guilty.
If upon the evidence you shall be so satisfied that this man is guilty, you must discharge your duty to your king, your country, and to your God. If, on the other hand, nothing shall appear sufficient to affect him, we shall acknowledge that we have grievously offended him, and will heartily participate in the common joy that must result from the acquittal of an honest man.
EXAMINATION OF WITNESSES.
Joseph Rawlins, Esq. being sworn, desposed to a knowledge of the prisoner, and recollected having been in his company some time in the month of December last, when he understood from him that he had been to see his brother at Brussels. On his cross-examination, the witness said, that in conversations with him on the subject of continental politics, the prisoner avowed that the inhabitants of the Austrian Netherlands execrated Buonaparte’s government; and from the whole of the prisoner’s conversation, the witness had reason to believe, that he highly condemned Buonaparte’s conduct and government.
George Tyrrel, an attorney, proved the execution, in the month of June last, of the lease of a house in Butterfield-lane, Rathfarnham, from Michael Frayne to the prisoner, who assumed on the occasion, the name of Ellis. Mr. Tyrrel was one of the subscribing witnesses to the lease, and a person named Dowdall was the other.
Michael Frayne, who leased the above-mentioned house to the prisoner, proved also to that fact, and that he gave him possession of it on the 23d of April preceding—that the prisoner and Dowdall lived there in the most sequestered manner, and apparently anxious of concealment.
John Fleming, a native of the county Kildare, sworn:—deposed, that on the 23d of July, and for the year previous thereto, he had been hostler at White Bull Inn, Thomas Street, kept by a person named Dillon. The house was convenient to Marshal-lane, where the rebel depot was, and to which the witness had free and constant access, having been in the confidence of the conspirators, and employed to bring them ammunition and other things. He saw the persons there making pike-handles, and heading them with the iron part; he also saw the blunderbusses, firelocks, and pistols in the depot, and saw ball-cartridges making there.—Here the witness identified the prisoner at the bar, whom he saw in the depot for the first time, on the Tuesday morning after the explosion in Patrick-street—(that explosion took place on Saturday, the 16th of July.) The witness had opened the gate of the Inn yard, which opened into Marshal-lane, to let out Quigley, when he saw the prisoner, accompanied by a person of the name of Palmer; the latter got some sacks from the witness to convey ammunition to the stores, and the prisoner went into the depot, where he continued almost constantly until the evening of the 23d July, directing the preparations for the insurrection, and having the chief authority. He heard the prisoner read a little sketch, as the witness called it, purporting that every officer, non-commissioned officer and private, should have equally every thing they got, and have the same laws as in France. Being asked what it was they were to share, the prisoner replied, “what they got when they took Ireland or Dublin.” He saw green uniform jackets making in the depot by different tailors, one of whom was named Colgan. He saw one uniform in particular, a green coat, laced on the sleeves and skirts, &c. and gold epaulets, like a general’s dress. He saw the prisoner take it out of a desk one day and shew it to all present (here the witness identified the desk, which was in court,) he also saw the prisoner, at different times, take out papers, and put papers back into the desk; there was none other in the store. Quigley used, also, sometimes to go to the desk. On the evening of the 23d of July, witness saw the prisoner dressed in the uniform above described with white waistcoat and pantaloons, new boots and cocked hat, and white feather. He had also a sash on him, and was armed with a sword and case of pistols. The prisoner called for a big coat, but he did not get it, to disguise his uniform, as he said, until he went to the party that were to attack the castle. Quigley and a person named Stafford had uniforms like that of Emmet, but had only one epaulet. Quigley had a white feather, and Stafford a green one. Stafford was a baker in Thomas-street. About 9 o’clock the prisoner drew his sword, and called out to “come on, my boys;” he sallied out of the depot, accompanied by Quigley and Stafford, and about fifty men, as well as he could judge, armed with pikes, blunderbusses, pistols, &c. They entered Dirty-lane, and from thence into Thomas-street. The prisoner was in the centre of the party. They began to fire in Dirty-lane, and also when they got into Thomas-street. The witness was also with the party. The prisoner went into the stores by the name of Ellis. He was considered by all of them as the general and head of the business; the witness heard him called by the title of general. In and out of the depot, it was said that they were preparing to assist the French when they should land. Quigley went into the depot by the name of Graham.
Terrence Colgan, the tailor named in the foregoing evidence, sworn. Deposed, that on the Sunday previous to the insurrection, he came to town from Lucan, where he lived, and having met with a friend, they went to Dillon’s, the White Bull Inn, in Thomas-street, and drank, until the witness, overcome with liquor, fell asleep, when he was conveyed in this state, of insensibility into the depot, in Marshal-lane, and when he awoke the next morning, he was set to work making green jackets and white pantaloons. He saw the prisoner there, by whose directions everything was done, and who, he understood, was the chief. He recollected seeing the last witness frequently in the depot while he was there. He also saw the prisoner often at the desk writing. The witness corroborated the general preparations of arms, ammunition, &c. for the insurrection.
Patrick Farrel sworn. Deposed, that as he was passing through Marshal-lane, between the hours of nine and ten o’clock on the evening of Friday, the 22d of July, he stopped before the malt stores, or depot, on hearing a noise therein, which surprised him, as he considered it a waste house. Immediately the door opened, and a man came forth, who caught him, and asked him what he was doing there? The witness was then brought into the depot, and again asked what brought him there, or had he ever been there before? He said he had not. They asked him if he knew Graham? He replied he did not. One of the persons then said the witness was a spy, and called out to “drop him immediately,” by which the witness understood they meant to shoot him. They brought him up stairs, and after some consultation, they agreed to wait for some person to come in, who would decide what should be done with him. That person having arrived, he asked the witness if he knew Graham? He replied that he did not. A light was brought in at the same time, and the witness having looked about, was asked if he knew any one there? He replied he knew Quigley. He was asked where? He replied that he knew him five or six years ago in the College of Maynooth, as a bricklayer or mason. The witness understood that Quigley was the person who went by the name of Graham. Here the witness identified the prisoner as the person who came in and decided he should not be killed, but he should be taken care of, and not let out. The witness was detained there that night and the whole of the next day, Saturday, the 23rd, and was made to assist at the different kinds of work.
He assisted in taking boards off a car; the boards, he said, were made into cases, and pikes put into them. These cases the witness described as being made of the outside slabs of a long beam, taken off about an inch or more thick—four or five inches at each end of the beam was cut off, the slabs were nailed together, and these pieces put in at the ends, so that it appeared like a rough plank or beam of timber. He saw several such cases filled with pikes sent out. The witness stated that on the evening of the 23rd, he saw three men dressed in green uniforms, richly laced; one of whom was the prisoner, who wore two gold epaulets, but the other two only one each. The prisoner had also a cocked hat, sword, and pistols. When the witness was helping out one of the beams prepared for explosion, he contrived to effect his escape.