At the Smyrna coffee-house, St. James’s, Mr. Cole, having read the report of Gascogne’s trial, turned to a friend, as he laid it down, and remarked on the Duchess of Ormond’s evidence, that it was well for her this had happened under so mild a Government as that in England. In any other country, he added, her grace would have been prosecuted as being, on her own testimony, privy to a design against the Crown.
Mr. Cole was well known to all present as having been English Envoy at Venice. An Irish Jacobite looked him in the face, while he made a general remark to the effect that whoever dared hint anything against the Duke or Duchess of Ormond was a rascal. Mr. Cole remained silent, as became a man who loved peace, and saw himself in near collision with a hot-headed individual who was determined to break it. The Irish gentleman repeated the above remark with such emphasis that Mr. Cole, compelled to notice it, quietly observed that he had only stated a point of law grounded upon matter of fact. Whereupon, to use the words of the ‘Flying Post,’ ‘the blustering Teague grew more insolent at this generous explanation, told him he was a rascal, and offered to strike him! But Mr. Cole repelled the blow, kicked him till he drew his sword, and then wounded and disarmed him!’
At this time the Rev. Mr. Patten served the Whig cause in various ways; among others, by preaching charity sermons in City churches. For a season he was an occasional fashionable preacher. Whigs flocked to look at, if not listen to, the villain. It is wonderful that the London Jacobites did not pull him out of the pulpit, and break every bone in his body! This fellow is described as having preached, on one Sunday in July, in the Church of St. Mildred, Broad Street, ‘an excellent sermon’ on the text Gal. v. 1, ‘Stand fast, therefore, in the liberty wherewith Christ hath made us free, and be not entangled again with the yoke of bondage.’
JOY AND SORROW IN NEWGATE.
When some of the accused persons were now to be seen, much at their ease, in public places, Whigs wondered and Jacobites frowned. The latter asked what service Lord Scarsdale, Lord Dupplin, Captain Halstead, and others, had rendered to the Government, which had admitted them to bail, and thus allowed them to figure in the parks? In Newgate there were both joy and sorrow. News reached the prisoners that the old Brigadier Mackintosh had got safely to France. Extra drink was consumed in honour of the occasion. Some sorrow was felt at the demise of Charles Radcliffe’s servant, a good fellow whom the sentence of death could not rob of his cheerfulness. Spotted Fever killed him and others. Extra drink was again taken in order to defy Spotted Fever. When intelligence came down that of a batch of prisoners, capitally convicted, only one or two would be executed, the king’s clemency was honoured in good liquor. Several rebels, as they walked up and down the yard, discussed the expediency of pleading guilty, and throwing themselves on the king’s mercy. Such among them as resolved to take this course, ordered a bowl of punch, whereby to fortify them in their resolution.
CHIEF JUSTICE PARKER.
The trial of another great Lancashire Squire, Mr. Dalton, was followed with immense interest. There were, as usual, numerous groups of sympathising ladies. There was no new feature in the case. Squire Dalton pleaded that he was forced into the rebel army, and his friends swore roundly, to sustain the plea. The clergyman of the parish deposed to Dalton’s loyalty, inasmuch as the Squire had once uttered some scruples against the Romish religion. ‘Why,’ bawled Chief Justice Parker, ‘did you not improve the occasion, and confirm him in his tendency towards the better faith?’ ‘I did make an Essay that way,’ replied the clergyman, ‘but Mr. Dalton had by that time recovered himself, and nothing could be done with him.’ Found guilty, he threw himself on the king’s mercy. Whereupon, Parker assailed the unfortunate gentleman with reproaches, The judge accused the prisoner of having ‘stuck out’ to the last, and of having given them all the trouble he possibly could. Mercy was for those who acknowledged guilt, not for those who denied being guilty, and who were afterwards proved to be so!
This hint moved the next gentleman put to the bar, William Tunstal. He was anxious to save his lordship all trouble; and therefore he pleaded guilty, and asked for mercy in return. Parker made some joke upon Tunstal’s king running away, a disgrace to which King George would never stoop; he then left Tunstal some ray of hope that his life might be saved.
THE SWINBURNES.
The hope that saving the time of the court by pleading guilty might perhaps redeem life, if it failed to secure liberty, not only induced many prisoners to make that plea, but others to withdraw the plea they had previously put in, of not guilty. James Swinburne had pleaded not guilty, but he and his friends took a new course. They had so manipulated the king’s evidence, that the witnesses now stoutly swore that they believed Swinburne was mad. The Judges, at all events, were in possession of their senses. They knew nothing about ‘exacerbation of insanity,’ and cared as little for ‘the mad doctor’ who was said to have had the prisoner under his care. They wisely remarked that if a criminal was proved to be mad, his life might be saved, ‘but then it must be such a madness as showed a total deprivation of reason, which appeared not the case with the prisoner.’ Swinburne was found guilty, and the judge sentenced him to death. His brother, Edward Swinburne, was put to the bar after him. Patten was the chief evidence, and that rascal coolly deposed:—‘I saw Mr. Edward Swinburne at Wooler, where I myself joined the rebels. I brought in eighteen men with me; and Mr. Edward said, I was welcome with my troop, and need not fear being ill received.’ Patten added other evidence equally condemnatory of himself, on which, not he, but Edward Swinburne was convicted, and condemned to be hanged! Mr. Richard Butler was sentenced to the gallows, on similar testimony!