SPEECH OF MR. CURRAN,

IN DEFENCE OF MR. PATRICK FINNEY,

JANUARY 16th, 1798.

ABSTRACT OF THE INDICTMENT.

FIRST Count. "That Patrick Finney, yeoman, on the thirteenth day of April, in the thirty-seventh year of the king, and divers other days, at the city of Dublin, being a false traitor, did compass and imagine the death of our said lord, the king, and did traitorously and feloniously intend our said lord, the king, to kill, murder, and put to death."

The overt acts laid, were as follow: "1. Adhering to the persons exercising the powers of government in France, in case they should invade, or cause to be invaded, this kingdom of Ireland, they being enemies to the king, and at war.-2. That the conspirators aforesaid did meet, &c., confer, consult, and deliberate, about adhering to the persons exercising the powers of government in France.-3. Adhering to the persons exercising the powers of government in France.-4. Conspiring that one or more persons should be sent into France, to excite an invasion of Ireland.—5. Conspiring that one or more persons should be sent into France, to excite an invasion of this kingdom, and to make war therein; and for that purpose did ask, levy, and receive, &c. from other traitors, money, to wit, from each 201. to defray the expenses of the persons to be sent.-6. That conspiring, &c. they did send into France four persons unknown, to excite the persons exercising the powers of government in France, to invade this kingdom, and make war therein.-7. Conspiring to send, and sending four persons into France to persuade invasion, and to aid them in invading, and raising, and making war; and Finney, then and there, demanding and receiving money, viz. 201., to defray the charges of said persons.-8. That said Patrick Finney became an

United Irishman, for the purpose of assisting the persons exercising the powers of government in France, and, being met, to the number of forty-eight other traitors, did divide into four splits, which each contained twelve traitors, and each split did then choose one to be secretary, to consult on behalf thereof with other splits, under the denomination of baronial meetings, for the purpose of adhering and making war, in case of an invasion of Ireland from France, and then and there conspiring an attack upon the castle of Dublin, &c. and to deprive his majesty of the stores and ammunition therein; and said Finney, to facilitate such attack, did advise and commend other traitors to view White's court, &c. and give their opinion to their several splits, so that their secretaries might report the same to their baronial meetings.-9. Adhering to the persons exercising the powers of government in France, &c. and with forty-eight other conspirators, divided into four splits, each containing twelve, each split choosing a secretary, to confer for the purpose of adhering to the enemy in case of invasion, and confederating and agreeing that a violent attack should be made on the ordnance stores, &c.-10. Consulting, &c. to procure an invasion.-11. Consulting to raise insurrection, rebellion, and war, in case of invasion of Ireland or Great Britain from France.-12. Conspiring to assist the persons exercising the powers of government in France, in case of their invading this realm, with ships and arms."

There was a second count, for "adhering to the king's enemies within the realm," and in support of this count, the overt acts laid, were exactly the same as those above recited.

A jury being sworn, the attorney-general stated the case on the part of the crown; the evidence being gone through on both sides

MR. CURRAN.-My Lords and Gentlemen of the Jury, In the early part of this trial, I thought I would have had to address you on the most important occasion possible at this side of the grave, a man labouring for life, on the casual strength of an exhausted, and at best, a feeble advocate. But, gentlemen, do not imagine that I rise under any such impressions—do not imagine that I approach you, sinking under the hopeless diffi culties of my cause.-I am not now soliciting your indulgence to the inadequancy of my powers, or artfully enlisting your passions at the side of my client.-No! gentlemen, but I rise with what

of law, of conscience, of justice, and of constitution, there exists within this realm at my back; and, standing in front of that great and powerful alliance, I DEMAND a verdict of acquittal for my client!-What is the opposition of evidence! It is a tissue which requires no strength to break through; it vanishes at the touch, and is sundered into tatters.

The right honourable gentleman who stated the case in the first stage of this trial, has been so kind as to express a reliance, that the counsel for the prisoner would address the jury with the same candour which he exemplified on the part of the crown; readily and confidently do I accept the compliment, the more particularly, as in my cause I feel no temptation to reject it. Life can present no situation wherein the humble powers of man are so awfully, and so divinely excited, as in defence of a fellow-creature placed in the circumstances of my client: and if any labours can peculiarly attract the gracious and approving eye of heaven, it is when God looks down on a human being assailed by human turpitude, and struggling with practices, against which the deity has placed his special canon when he said-"Thou shalt not bear false witness against thy neighbour-thou shalt do no murder!"

Gentlemen, let me desire you again and again to consider all the circumstances of this man's case, abstracted from the influence of prejudice and habit; and if aught of passion assume dominion over you, let it be of that honest, generous nature, that good men must feel when they see an innocent man depending on their verdict for his life. To this passion I feel myself insensibly yielding; but unclouded, though not unwarmed, I shall, I trust, proceed in my great duty. Wishing to state my client's case with all possible succinctness the nature of the charge admits, I am glad my learned colleague has acquitted himself on this head already to such an extent, and with such ability, that any thing I can say will chance to be superfluous—in truth, that honesty of heart, and integrity of principle, for which all must give him credit, uniting with a sound judgment, and sympathetic heart, has given to his statement all the advantages it could have derived from these qualities. He has truly said, that “the declaratory act, the twenty-fifth of Edward III. is that on which all charges of high treason are founded," and I trust the observation will be deeply engraven on your hearts. It is an act made to save the subject from the vague and wandering uncer

tainty of the law. It is an act which leaves it no longer doubtful whether a man shall incur conviction by his own conduct, or the sagacity of crown construction: whether he shall sink beneath his own guilt, or the cruel and barbarous refinement of crown prosecution? It has been most aptly called the blessed act; and oh! may the great God of justice and of mercy give repose and eternal blessings to the souls of those honest men by whom it was enacted! By this law no man shall be convicted of high treason but on proveable evidence; the overt acts of treason, as explained in this law, shall be stated clearly and distinctly in the charge; and the proof of these acts shall be equally clear and distinct, in order that no man's life shall depend on partial and wicked allegation.

It does every thing for the prisoner, which he could do himself-it does every thing but uttering the verdict, which alone remains with you, and which, I trust, you will give in the same pure, honest, saving spirit, in which that act was formed.-Gentlemen, I will call it an omnipotent act, if it could possibly appal the informer from our courts of justice: but law cannot do it— religion cannot do it-the feelings of human nature, frozen in the depraved heart of the wretched informer-cannot be thawed!

No law can prevent the envenomed arrow from being pointed at the intended victim; but it has given him a shield in the integrity of a jury. Every thing is so clear in this act, that all must understand the several acts of treason must be recited, and proveable conviction must follow.-What is proveable conviction? Are you at a loss to know? Do you think if a man comes on the table, and says-" By virtue of my oath, I know of a conspiracy against the state, and such and such persons are engaged in it."--Do you think his mere allegation shall justify you in a verdict of conviction? A wretch coming on this table, of whatsoever description, whether the noble lord who has been examined, or the honourable judges on the bench, or Mr. James O'Brien, who shall declare upon oath that a man bought powder, ball, and arms, intending to kill another-this is not proveable conviction, the unlawful intention shall be attached by cogency of evidence, and the credit of the witness must stand strong and unimpeached.

The law means not, that infamous assertion or dirty ribaldry is

to overthrow the character of a man; even in these imputations flung against the victim, there is, fortunately, something detergent, that cleanses the character it was destined to befoul.

In stating the law, gentlemen, I have told you that the overt acts must be laid and proved by positive testimony of untainted witnesses; and in so saying, I have only spoken the language of the most illustrious writers on the law of England. I would, perhaps, apologize to you for detaining your attention so long on these particular points, but that in the present disturbed state of the public mind, and in the abandonment of principle which it but too frequently produces, I think I cannot too strongly impress you with the purity of legal distinction, so that your souls shall not be harrowed with those torturing regrets which the return of reason would bring along with it, were you, on the present occasion, for a moment to resign it to the subjection of your passions; for these, though sometimes amiable in their impetuosity, can never be dignified and just but under the control of reason. The charge against the prisoner is twofold-compassing and imagining the king's death and adhering to the king's enemies. To be accurate on this head is not less my intention than it is my interest; for if I fall into errors, they will not escape the learned counsel who is to come after me, and whose detections will not fail to be made in the correct spirit of crown prosecution. Gentlemen, there are no fewer than thirteen overt acts, as described, necessary to support the indictment; these, however, it is not necessary to recapitulate. The learned counsel for the crown has been perfectly candid and correct in saying, that if any of them support either species of treason charged in the indictment, it will be sufficient to attach the guilt. I do not complain that on the part of the crown it was not found expedient to point out which act or acts went to support the indictment; neither will I complain, gentlemen, if you fix your attention particularly on the circumstance. Mr. Attorney-general has been pleased to make an observation, which drew a remark from my colleague, with whom I fully agree, that the atrocity of a charge should make no impression on you; it was the judgment of candour and liberality, and should be your's-nor though you should more than answer the high opinion I entertain of you, and though your hearts betray not the consoling confidence which your looks inspire, yet do not disdain to increase your stock of candour and