could do to screen himself from prosecution; I know not how he could be sure, even when he was at his prayers before the throne of Heaven, that he was not passing that moment of his life, on which he was to be charged with the commission of some crime, to be expiated to society by the forfeiture of his liberty or of his life; I do not know what shall become of the subject, if a jury are to be told that the silence of the man charged, is a "volume of evidence" that he is guilty of the crime. Where is it written? I know there is a place where vulgar frenzy cries out, that the public instrument must be drenched in blood, where defence is gagged, and the devoted wretch must perish. But even there the victim of such tyranny is not made to fill, by voluntary si lence, the defects of his accusation; for his tongue is tied, and therefore no, advantage is taken of him by construction; it cannot be there said that his not speaking is a volume of evidence to prove his guilt.

But to avoid all misunderstanding, see what is the force of my objection is it that the charge of the court cannot receive a practicable interpretation, that may not terrify men's minds with ideas such as I have presented? No-I am saying no such thing: I have lived too long, and observed too much, not to know, that every word in a phrase is one of the feet upon which it runs; and how the shortening or lengthening of one of those feet, will alter the progress or direction of its motion. I am not arguing that the charge of the court cannot, by any possibility, be reconciled to the principles of law; I am agitating a bigger question; I am putting it to the conscience of the court, whether a jury may not have probably collected the same meaning from it, which I have affixed to it; and whether there ought not to have been a volume of explanation, to do away the fatal consequences of such mistake.

On what sort of a case am I now speaking? on one of that kind, which it is known has been beating the public heart for many months; which from a single being in society has scarcely received a cool or tranquil examination. I am making that sort of application, which the expansion of liberal reason, and the decay of technical bigotry, have made a favoured application.

In earlier times it might have been thought sacrilege to have meddled with a verdict once pronounced; since that, the true

principles of justice have been better understood; so that now, the whole wisdom of the whole court will have an opportunity of looking over that verdict, and setting right the mistake which has occasioned it.

Mr. Curran made other observations, either to corroborate his own, or to answer the opposite counsel, of which it is impossible to give an exact detail, and concluded: You are standing on the scanty isthmus that divides the great ocean of duration; on one side, of the past, on the other, of the future: a ground, that while you yet hear me, is washed from beneath our feet. Let me remind you, my lords, while your determination is yet in your power, dum versatur adhuc intra penetralia Vesta, that on that ocean of future you must set your judgment afloat. And future ages will assume the same authority, which you have assumed; posterity feel the same emotions which you have felt, when your little hearts have beaten, and your infant eyes have overflowed, at reading the sad history of the sufferings of a Russel, or a Sidney.

[The conclusion of Mr. Curran's speech was marked by another burst of applause, similar to those which accompanied his former exertions in this cause.]

The application to set aside the verdict was refused by the court; and Mr. Rowan was sentenced to pay a fine of 500l., to be imprisoned two years, and to find security for good behaviour, himself in 20001., and two sureties in 1000l. each.

SPEECH OF MR. CURRAN,

IN DEFENCE OF MR. PATRICK FINNEY,

JANUARY 16th, 1798.

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ABSTRACT OF THE INDICTMENT.

FIRST Count. "That Patrick Finney, yeoman, on the thir teenth 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 difficulties 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