« PreviousContinue »
Smith. I made a remark of this writing, * as Walpole. I remember all these letters to be he sat dressing himself.
the same that I received from Sunith. Prisoner. Who was it that carried the book Att. Gen. After the prisoner had been exaand papers to the office, you or Wilcox ? mined, what became of the letters ? Smith. I myself.
Walpole. I took them back again. I kept Prisoner. I know that to be false. How them under lock and key, till my lord Towos. soon did you go out of town after you bad bend had occasion to use them, wbich was the lodged me? --Smith. In a day or two.
same night that my lord examined the prisoPrisoner. Did you not go that moment? ner; then I took them back, and I constantly Smith, No; not that day.
kept them till I went to Holland for the Dutch Prisoner. To whom did you deliver them? | troops, and then I delivered them to Mr. BackSmith. To Mr. Horatio Walpole.
ley: Prisoner. Did you take no more books? Prisoner. And you can swear these are the
Smith. There were several books in your same letters that were delivered to you. By house, but I do not remember that I carried what mark? You swear very home. What any of them away but this.
mark did you put upon those letters, that you Mr. Hungerford. Did the prisoner own to can swear to them? you, that the letters wrote in that book were Mr.Ward. Pray, Sir, when they were in your wrote by him?
custody, are you sure they were never deliSmith. Hesaid, That is the copy-book of my vered out ?-Walpole. I am sure. letters to my correspondents abroad.
Mr. Ward. Do you remember one Jones, the
gun-maker, on the other side the water, when Then Mr. Horatio Walpole was sworn. he was under examination ? Are you sure they Sir J. Jekyll. Pray, Sir, will you give the
were not delivered out by mistake to bim? Court and the Jury an account of this book and
Walpole. I do not know that they were. those letters; and how, and when they were
Mr. Hungerford. Did you put any mark on brought to you?
those letters ? Walpole. I remember the warrant for seizing
Walpole. No, I put po mark on them. the prisoner was dated the 19th of September,
Mr. Hungerford. Then how can you know and that the day after Mr. Smith and Mr. Wil
them to be the same? cox came into my room, and delivered to me a
Walpole. I perused them several times. I copy-book and a parcel of letters, wbich they
remember the hand, and dates, and directions. said they took at Francia's house. I took |
Mr. Hungerford. Then probably you rethem and kept them by themselves, to be pro
member the number too? duced when my lord Townsbend 'should call . Walpole. No, I do not remember the nume for them. I remember that night Mr. Buck
| ber. ley came into my room, and I desired him to
Mr. Ward. Are you sure these are all the sit down and look them over with me; and ac
letters tbat were brought to you? cordingly be and I looked into them. The
Walpole. No; there are not all the letters, next day my lord Townshend sent for the pri
Alt, Gen. We shall now call Mr. Buckley. soner, and I carried in the same hook and let.
Then Mr. Buckley was sworn. ters, and laid them upon the table, and particularly the letters, they were laid open, and my
Att, Gen. Pray, Mr. Buckley, look upon this lord examined the prisoner about them. Theý book and these letters, and acquaint the Count were wrote in French, and directed to the pri.
1 what you know of them. soner. My lord asked him, wbether he knew
Buckley. My lord, the day the prisoner vas the hand of those letters, and turned them all
seized, I came into Mr. Walpole's room. He uver, and shewed him the directions, saying,
told me he had received that book and those are these directed to you? He owned' it." De letters that were seized at the prisoner's house,
vned that he receive them Motortoil and desired me to sit down and read them will him again, is this your book? He answered, it
bim. I did so. Afterwards, when Mr. Wał. is; some of the letters are entered by me, and
pole went to fetch the Dutch troops, be dele some by my son.
vered this book and these letters into my hand. Sir J. Jekyll. Were they all the same letters
Afterwards, my lord Townshepd directed me that were brought to you by Mr. Smith ?
to look into them, and see which contained pasWalpole. The same.
sages most criminal, and to extract such pas. Sir J. Jekyll. Pray look upon this book; is
sages, which I did accordingly out of several this the same book ?
of them. I will look over them again, and Walpole. I am sure this is the book : this is
then I can tell you whether they are the same. the same book that Smith delivered to me, and
Prisoner. By wbat mark? said he took it at Francia's house.
Buckley. I can tell you by that which is
stronger than any mark, I copied passages out Then several letters were shewn to Mr.Wal- of several of them. pole.
(Then he looked over the letters one by one.) * George Francia's name in large church! I bad every one of these letters from Mr. text, at the end of the book.-Former Edition. Walpole, and I know it certainly ; for that from every one of these I extracted some pas- 1 Mr. Hungerford. Were there any offers sages.
made by you to him ? Mr. Cowper. Was you present at any time Buckley. I desire you would explain you when the prisoner was examined ?
self. Buckley. I was.
Mr. Hungerford. Did you make him any Mr. Cowper. Were this book and these let- offers, that upon his sigoing any paper, be ters produced to him at the time of his exami- should have his liberty ? - Buckley. No. nation ?
Mr. Hungerfurd. Did you not mention to Buckley. He was examined by my lord him his giving evidence against any other per. Townshend and Mr. Secretary Stanhope, and I son - Buckley. No, upon my soul. was called in to take his examination in writ. | Att. Gen. These questions ought not to be ing; accordingly I did.
asked. It is an iniquity to tamper with any Mr. Cowper. Were the book and letters at man; and therefore such questions ought not the time of his examination produced to him ? be put. Jf you have any witnesses, you may
Buckley. I cannot say that, for I was intent examine them. on my paper, writing ibe examination, and Mr. Hungerford. Then we will examine looking upon the prisoner, and hearing what to it. he said. When I had written down what is in Prisoner. Is that the book I swore upon ? my band, [Holding out the original Examina. | [shewing a book he had in his havd.] tion] I read it over to bim distinctly and audi. Buckley. I do not know indeed; it was bly; and be being asked whether he was wild such a sort of book. ling to swear to it, and answering, Yes, I of. Att. Gen. I do not take that to be material, fered bim his oath : and I offered him a New if it were the Alchoran. He had it in bis Testament to swear on. He said he could not pocket. But it is not bis oath, but bis con. swear on that book. But he took another book fession that is material. out of his pocket, and I swore bim on that. Il Mr. Hungerford, (taking the book into his asked him whether this was true ? He said it bands.) I understand a little Hebrew. This is was. Then he signed it; and afterwards my a book to pray by, not swear by. It is a collord Townsbend signed it.
lection of some Jewish prayers and rituals; Į Mr. Cowper. is the subscription of his believe taken out of Maimonides. You had hand-writing ?- Buckley. It is.
best send it the learned Monfalcon in Paris, he Prisoner. You say I took an oath. On what is compiling some critical observations upon book was it?
the Eastern languages. Buckley. Indeed I do not know, I believe it Mr. Ward. Did you put any mark on any was an Hebrew book; Mr. Secretary Stanhope of those letters ? looked upon it.
Buckley. I did on some of them. Mr. Denton. Was he examined at any time Mr. Hungerford. Where are the extracts after ? - Buckley. Yes.
you made out of them ? Mr. Denton. Was you present then ?
Buckley. I have some of them here. (HoldBuckley. No.
ing out some papers. ] Mr. Ward. How long were they in your Mr. Hungerford. What did you do with the custody ?
letters, after you had made those extracts ? Buckley. From the time that Mr. Walpole | Just. Pratt, He tells you that he kept them went abroad, till be came back again; and then till Mr. Walpole came back again, and then I delivered them back to him.
delivered them to bim. Mr. Ward. Were they in your custody when Buckley. Here is my name on some of Mr. Jones was under examination ?
them. The two initial letters of my name. Buckley. I cannot tell; but I never did Prisoner. When was that mark made upon shew them to him.
them ? Mr. Ward. Were they not delivered out on Buckley. I do not justly remember. that occasion ?
Prisoner. Tbat might be done yesterday, Buckley. No, they were not delivered out or since they were delivered out of his custody. by me.
Buckley. I did it wbile they were in my Mr. Ward. You say you read the exami-possession, and before I delivered them back nation to bim. Did not he desire to read it again to Mr. Walpole. bimself?
Lord Townshend sworn. Buckley. I do not remember it. Mr. Ward. Was not he refused to read it ? Sir J. Jekyll. We must desire your lord. Buckley. No, upon my soul.
ship to inform the Court, what your lordship Mr. Ward. Was you with the prisoner in knows in relation to the prisoner at the bar, as Newgate?
to the issuiog out the warrant against him, and Buckley. I was with him at his own de- | what happened afterwards. sire ; otherwise I had not gone to him.
Lord Townshend. My lord, having received Mr. Ward. Do you remember the days ? information that there was a treasonable cor, Buckley. No.
respondence carried on between the late duke Mr. Ward. How often was you with him of Ormond, duke d’Aumont, Coulange and Mr. there ?--Buckley. Twice.
Harvey, in which the prisoner was concerned,
and was the channel in which the correspon- | brought me were laid there, and I saw him dence was conveyed; and that the pretence of take them back again. it was a law-suit, but that the design of it was Mr. Ward. I desire to ask your fordship, in favour of the Pretender; and that when they whether you heard that declaration read over to talked of the party, the Pretender was meant; | him ? and that they expected bim to be soon here. | Lord Townshend. I dare say I did. Having reason to rely on this information, I Mr. Ward. Did he not endeavour to excuse drew a warrant to seize the prisoner and his bimself from sigoing it, till be had read it papers. I bad indeed before sent an order to | bimself? stop all letters that came from France directed | Lord Townshend. I do not remember that, I to Francia, by which I received a confirmation do not know that he made any difficulty of of the intelligence which bad been before given siguing it; but I am sure it could not be be me. Upon the issuing out the warrant, the pri- cause he was refused to read it. soner was seized, and bis letters were brought Prisoner. Was not there any reluctancy in to Mr. Walpole.
me to sign it? The next day I sent for the prisoner to be Lord Townshend. What do you mean? examined, and ordered Mr. Walpole to bring | Have not I answered that already me the papers, and sent for the prisoner in. Prisoner. Did not you offer me some money The letters that Mr. Walpole brought in, were to sign it? láid open upon the table, and the book lay by Lord Townshend. I hope you cannot say a them. I asked him whether he knew the thing of so much infamy. After he had been hand, and whether those letters were not for examined, he complained to me of the misery him ? He owned the letters, but said he could | he was reduced to, that his wife and family pot help what was in those letters, and that must starve, and represented himself as if he what others wrote to him could not make him were at a loss for a supper: I told him he had guilty. As for what I have wrote (said he) I nothing to hope for, or any room to expect any appeal to my book. That is my book, I appeal favour, but by making a clear confession. He to that for my innocency. He did not appear | went on begging, and said that his wife was obstinate, and I remanded bim; and at night I starving; I do not certainly know whether it sent for him again, and Mr. Secretary Stanhope | was the very night that he signed his confession was with me; 1 bad in that time looked into or not; but I am sure it was not for that, but more of the letters, I saw several initial letters in pure alms, and because he begged so hard, of people's names, I asked him the meaning of I put my hand in my pocket, and gave bim them; and he gave me the account contained three, four, or five guineas, I know not which, in this examination. He seemed in a dispo. in charity; and it was what I perer could resition to tell me all he knew; he gave me an | fuse any man that applied to me in that manner, account how this correspondence began, and and begged so hard. He said bis was carried on; and then he came to explain would not look upon him, because he was the initial letters that were in those letters that taken up for bigb-treason, and he desired me were taken upon him, and in several other let. | to give bim sometbing in charity, which I did. ters that I had intercepted. I remanded bim Prisoner. I desire to ask you, wbether you again that night, having taken bis examination ever bestowed on any body else the like charity? in my hand.
| Pray my lord, name the man under your exaA second examination was taken upon Mr.mination you ever gave five guineas to before? Harvey's letter; (which examination and the [At which there being a laugh round the letter thereto annexed was shewn to his lord- | Court.] sbip.)
Prisoner. I must not be laughed out of my This is the very letter on which I examined | life; you did not answer me. him; he owned to me how be came to stop the L. C. Buron. Propose your question to the letter, and not to forward it, and explained all Court ? those figures to me very distinctly. He pro-1 Prisoner. I desire to know who be ever gave tested that he knew no more, and inade solemn five guineas to besides me? protestations that he had said all he knew, and L. C. Buron. My lord says it was out of I was almost convinced he had; but in the charity. consequence, I had reason to think he had not. Prisoner. And that he never refused any But these two examinations were taken before body under his examination the sum of five me, one I signed alone, and the other Mr. | guineas ? Secretary Stanhope signed with me. As to the L. C. Baron. He does not say so; be says, first, I believe Mr. Secretary Stanbope was be never could refuse his charity to people gone out of the room before it was signed. that begged as you did.
Sir J. Jekyll. I desire to ask your lordship, Prisoner. I had less need to beg than some whether all the letters that were brought by others. Mr. Walpole were laid upon the table at the
Mr. Ward. I have but one question more to time of the prisoner's examination ?
trouble your lordsbip with, which my instrucLord Townshend. All that Mr. Walpole tions lead me to; and that is, wbether at the
time when this examination was signed by the • Referring to the Original Examination. prisoner, he was not told of its being for some
A. D. 1717.
(922 particular purpose, but that it should not be l Att. Gen. Pray, Sir, will you give an acbinding to him?
count what you know of this letter, and bow it Lord Townshend. He did desire that it might came to your hands ? pot be made rise of against him; I told him that! Walpole. This letter Curtis brought to depended on bis behaviour, if he was ingenuous, me, and I made this mark* on it: He told me it be dealt frapkly and fairly, and declared all it was found in Francia's chamber near his bed. the truth, I would do all in my power that he side, and this is the letter. should have mercy; I do not know whether it Mr. Ward. There is nothing proved yet of is proper to give my reasons why I am con- its being the prisoner's hand, ils being found by vinced he did not deal candidly; but on the his bed-side will not affect him. perusal of tbe letters, I found he was not al Tben Mr. Buckley was called again, and the bare conveyer of them, or came by chance to the knowledge of wbat he explained in them,
Letter was shewed to him. but that he was wrote to, as one of the ma: ' Sol. Gen. Pray, look upon this paper, and nayers : On ibat I sent to him again, and told tell us whose hand-writing you take it to be? him plaioly, he must know more of it. He Buckley. I never did see tbe prisoner write stood it ont that he did not, and then I sent but once, and that was upon my being sent to bim to Newgate: Soon after he was committed, him to take a confession be seemed unwilling his wife came, as Mr. Buckley informed me, to make ; and then I sat by him wbile he was and acquainted bim that she was persuaded, if | writing. she could see her husband, tbat she could pre- Sol. Gen. How long did he write then ? Fail with him to discover the whole: On that Buckley. About an hour, and I read it over. I gave directions to put him into the mes. Sol. Gen. Do you believe tbis to be his Senger's bands again, which was done; about | band writing ? a morning or two after, one Curtis, who was in Buckley. I not only saw him write then, the same messenger's house, brougbt a letter to l but I have read a great deal in this book, which the office, which he had found dropped by this / Mr. Walpole told me was taken at the priman's bed-side. It was directed to his wife, soner's house, therefore being used to the and the subject was to bid her not afflict herself, | writing in this book, and to what I saw bim for he found better company in Newgate than write, for those reasons, and no other, I believe he expected, that the better half of them were this paper to be his writing. in upon the government account; that he had Mr. Denton. Are not the letters of your said nothing of Mr. Harvey that could burt name on this letter ? bim, nor could he; that the government had | Buckley. Yes: when Mr. Walpole put into nothing against Mr. Harvey, but a general sus. | my hands all the letters, my lord bid me single picion that he was against the government, l out those that were fit to be extracted, and which three parts in four of the nation were ; I did mark them that were extracted, and alaod that he himself laugbed at any thing the ways kept them in my hands till Mr. Walpole government could do against him the prisoner :) returned, and then I delivered them to him: When I found a man write in bis stite, I could | Those letters that I extracted, I marked ; some not but think he had not dealt ingenuously. other letters that were intercepted by my lord
Mr. Hungerford. I would propose to the Townshend I did not mark, because they came judgment of the Court, whether it is proper to to me at other times. give evidence of the substance of a letter with- Mr. Denton. Did you mark that letter? out offering the letter itself.
Buckley. Yes. Just. Pratt. This comes in answer to Mr. || Mr. Ward. Can you be positive that it is tbe Ward's question. He asked my lord Towns. | prisoner's hand ?-Buckley. No. hend, wbether there was not some promise that Mr. Ward. Du you rely on the writing in the this confession should not be made use of against book ? the prisoner? His lordship gives this account, Buckley. By that, and by wbat I did see and justifies himself, how he came to make use him write, from thence it is that I conclude of it, and gives this as the reason.
this to be his hand. Mr. Hungerford. But to give an account of Mr. Hungerford, He attempts to prove his the substance of a letter without producing it, band by two inducements, one that he saw him I apprehend, is not according to the rules of write, and the other is the book ; therefore let evidence.
bim fix on those parts of the book, that he takes Sir J. Jekyll. If the counsel for the prisoner to be the prisoner's hand, and to be like this desire the letter to be read, it shall be read. letter.
Att. Gen. Do you insist upon the reading L. C. Baron. The book is not material; it is of it?
enough for a man to say, that he saw another Mr. Ward. If you will read it in the proper write for an bour together, and then that he time, you may.
believes this to be his hand. Mr. Hungerford. If in the course of the Mr. Hungerford. If that was the single evidence the letter is not read, I do not press it. foundation it was sometbiog ; but be makes
another foundation also. Then Mr. Horatio Walpole was called again, and the Letter was sbewed to him.
* Shewing a mark upon the Letter.
Just. Pratt. We are going out of the way, a letter which was found by his bed-side. the question is, whether this shall be read ? in Says Mr. Hungerford then that letter ought order to that, the method is to prove, that the to be produced. ' witness is acquainted with the prisoner's hand- Mr. Hungerford. If the account is no more writing, and believes this to be bis writiog. He than that my lord observed so upop that letter, tells you he saw him write for an hour. He there is no great harm in reading it: But I am gives you a further reason, that it is like some still in your judgment, whether, wben the letters in the book. If that were laid out of contents of a letter is insisted upon, and rethe case, the other would be sufficient without it. peated, that upon memory only, the letter it
Mr. Hungerford. A map makes two things self ought not to be produced ? the foundation of his judgment, his seeing him
Then write, and the similitude of bands in the book,
Curtis was sworn. the most conclusive evidence would be, thé 1. Sol. Gen. Look upon that letter; wbose similitude of the hand in the book, which hand-writing is it? others may judge of as well as himself.
Curtis. I believe it is Mr. Francia's. L. C. Baron. That is no evidence at all;
Sol. Gen. Have you seen him write ? similitude of bands is no evidence.*
Curlis. Yes. Mr. Hungerford. I am far from thinking it
Sol. Gen. And do you believe it to be his is, or that there is yet any evidence at all.
idence at all Do I writing i-Curtis. Yes,
Do you believe this to be his hand, only from your
1 Mr. Ward. How long bave you been achaving seen bim write, or from what you have
quainted with the prisoner ? observed in the book also ?
I Curtis. Wbile he was in the messenger's Buckley. I say that from my having seen
hands. him write, and my having seen the entries in
* Mr. Ward. How often did you see him the book, I believe this to be his hand.
write ?-Curtis. Several times. Just. Pratt. If you had never seen the book,
Mr. Ward. Was you in custody at the same but had seen him write for an hour; could you
time when he was ?--Curtis. Yes. collect from thence that this was his haudt
Sol. Gen. Where did you find this letter? Buckley. No, I would not affirm it.
Curtis. In his chamber, by his bed-side. Mr. Hungerford. Then it is with us, and
Mr. Hungerford. I do not hear that he gives makes it necessary to look into the book.
| an account, whether he is so well acquainted Att. Gen. Blow came you to apprehend ) with his writing, that he can distinguish it · any one part of the book to be Francia's writing
from any others? more than the other ?
Curtis. He told me it was a letter that he Buckley. By my eye-sight, and comparing
had wrote to liis wife. it with ttis letter.
Att. Gen. The letter is in French: we have dit. Gen. Is it from your knowledge of a translation of it; we must desire that the inseeing him write ?
terpreters who translated it may be sworn. Buckley. Yes; and this writing being like Tben Mr. Bowyer and Mr. 'Ozell were both this book.
sworn. Sir J. Jekyll. I desire this matter may be considered how it stands; my lord Towpsliend
Mr. Cowper. Did you translate the letter? is examined touching the confession of the pri- ..
Bowyer." I did, and afterwards I compared soner, and was asked, whether there was not it with Mr. Ozell. hopes of mercy given him ? My lord said Mr. Cowper. Is that a true translation of the there were, upon his making a frank discovery ; original letter, but he tells you the prisoner was not en. I
Bouyer. I did make a true, genuine trauslatitled to mercy, because he had not made tion of it, allowing for the difference of Jan. such a discovery, and then gives an account of | guage and stile.. this letter: I thought the counsel for the pri- Mr. Cowper. Was it the best and most exsoner appealed to that letter, and would have | act translation yon was able to make ? had it produced to check the evidence given
Bowyer. Yes. by my lord.
Mr. Cowper. Mr. Ozell, have you compared Just. Pratt. Since it is gone thus far, I think this translation with the original ? it would be proper to clear this matter.
Ozell. Yes, and I believe it to be a true Prisoner. I desire to know where Mr. | translation. Buckley saw me write for an hour togetber? [Note. That ibe original letter was deliver
Buckley. It was in the messenger's house. ed into the prisoner's hand during the time
Just. Tracy. My lord Townshend was give that the translation was reading; and Mr. ing an account in answer to a question pro- Flint, who was permitted to stand in the bar posed by the prisoner's counsel, and gave his vear the prisoner, assisted him in comparing reason why he did not thiok the prisoner was the original with the translation. The like frank. I did not think so (says he) because of method was observed, when the translations et
the letters received by the prisoner were read; * As to this, see Sidney's Case, vol. 9, p. 817. / and when the letters wrote by bim were read
+ See the Seven Bishops' case, vol. 12, p. | out of the copy-book, the copy.book was shewa 305. Hawk. Pl. Cr. book 2, c. 46, s. 52. to him.]