case, by means of the evidence given by this man and his accomplices, to convict the prisoner; in which case if they succeed, as it appears to me, you will be led to say upon your oaths, by your verdict of guilty, that a smuggling trade to and from France is evidence, upon the face of it, of a treasonable correspondence with the king's enemies residing in France. What does James's evidence amount to? He says, it was a bargain for 15l. to go to France for wines, and that the prisoner gave him signals; respecting which signals a great deal has been said, and to which a great many observations have been pointed. But what comes out upon the evidence of James? The signals were such as were to introduce him to the purpose for which he went; the signals were such, as persons there accustomed to traffic with English smugglers well knew, and were to call out the traders of that country to carry on this traffic with him. He asked of the prisoner, according to his story, whether he could go on shore, and was told in answer, that probably he might, under restrictions, and under peculiar circumstances; but no sailor belonging to the cutter was at any rate to go on shore; nothing was to be permitted that could introduce a correspondence between the crew of his vessel, and the people on the coast of France, nothing that might be turned to the disadvantage of this country, in any way whatever. The signals that were given him, were, not what we had reason to fear, when this prosecution was first opened; not the signals of the fleet of Great Britain, by the communication of which, the enemy might learn how to deceive and entrap our fleets and squadrons: they were not the signals of the East or West-India convoy; but merely signals to be made use of by this smuggler, when he came upon the coast of France, in order to call out the people who were desirous to sell their wares to him, to inform them that he was there ready to receive them; and, lest he should not find a market that would pay for the expence of the duties to the crown, upon his return to England, he was as well possessed, I dare say, of signals to give the people notice to come off to him, and receive his cargo upon our coast. This is all I can make out of the agreement between James and the prisoner. Then, gentlemen, a packet of letters and some other papers is produced to you, which, James says, was intrusted to his care by the prisoner. Let us consider, for a moment, of what does that packet consist. It was directed, on the outside cover, to captain James, for the purpose that he might take care of the whole contents together. It was intrusted to him; and he was to open it at a certain place, I think, off Dunnose; and opening it, what was he to find? Instructions for his own conduct, which afford no ground even of suspicion. An order addressed to Monsieur Lisle for certain quantities of the best claret, and of some other wines, with which he was to traffic back to this country. He had farther instructions contained in this packet, that Mr. Lisle was to draw upon Mr. Brodelet for the price; and a letter of credit for 50l. was also given to the captain himself, if he should want to take on board his vessel a greater freight than that which composed the order for the prisoner. James was to have this credit for any thing he might think worth his while to purchase. It was not, as might strike you, gentlemen, at the first moment, fifty pounds given to James as a bribe to keep him quiet and secret, or to engage and secure his assistance in the business of a treasonable correspondence: he would not venture to swear that; and the evidence, upon the face of the transaction itself, strongly proves the contrary. It was a letter of credit merely on the score of this illicit traffic; a traffic, I confess, to be blamed and censured, but not a traffic upon which you are to determine that the prisoner has been guilty of high-treason. These orders however for wine were given, it will be told you, upon different persons; and from hence an inference will be drawn hostile to the prisoner.-But why?— The reason was explained by James himself why the orders were so given, and was, that if he could not make one port, there were correspondents at another. The prisoner, it seems, carried on much of this illicit trade. What he wanted now, was a particular quantity of claret, a particular quantity of tea, or a particular quantity of brandy. James was to get these with all expedition. This was the object for which the prisoner sent him upon that voyage, and therefore he was to pursue the purposes for which he was sent. The counsel for the crown have attempted, it is truc, by another letter contained in this packet, not in the hand-writing of the pri soner at the bar, to persuade you to believe that the smuggling was merely by way of colour for concealment of the treasonable correspondence. And then, as to this letter not being of his writing, they say, that, being found in company with his hand-writing, it is fair to make use of it as evidence to you, whereby to convince you of the prisoner's guilt. Now, gentlemen, let us see for a moment, whether it is so or not. I am ready to confess to you, that under all the circumstances with which the papers were produced to you, it was competent for the counsel for the crown to give that letter in evidence; but vast suspicions hang upon it: and as for other circumstances in the case, so far that peculiarly you are to weigh well in your own minds the credit that is due to the two witnesses James and Harrison, one of whom has confessed explicitly, the other of whom has not ventured to deny, that one great object which they had in pursuing this matter with zeal, was to get the reward they expected; Harrison saying it will be a job worth an hundred gui the prisoner is, or what the prisoner is, or what have been his connections in life, are not matters for your consideration. Admit that he has pursued that loose and vagabond neas. And it has been admitted by this witness himself, that upon his first return from London, he said to James, You must go and make the business as black as you can against Tyrie. The inference is left for you, gentle-habit of life which leads men to defraud the men; but it is an inference you cannot avoid drawing. It was in order that, by his conviction, they might reap that reward which they were seeking. Besides which you will recollect, that I asked the witness James concerning a conversation with a person of the name of Ramsey, upon the subject, after his having given information upon oath at the justices' office in Bow-street. The fact is, he had a conversation with Mr. Ramsey; and in that conversation, as I am instructed, Ramsey will prove to you, though James had the hardiness himself in a degree to deny it, he told him that he had sworn at the public office in Bow-street what he knew nothing about; that he had been carried there by Harrison; that he had sworn he did not know what; he had sworn to facts, of the truth of which he had no knowledge himself; but it was what Harrison bid him say. This, gentlemen, I shall prove to you by Mr. Ramsey. And another circumstance you will remember is, that Harrison's rancour is demonstrated, as well as his eagerness to obtain a large reward for the conviction of the prisoner. Under these circumstances, if you are not told by his lordship that the fact of the prisoner's delivering the packet to James has not been proved by two witnesses; and that all the contents of the cover which has come from James's hand, are to be laid entirely out of the case, and ought to make no part of the evidence which, in deciding upon the prisoner's innocence or guilt, you are to consider as the ground of your acquitting him, or finding him guilty; you will at least reflect that these papers come under your investigation with singular marks of suspicion. One of the witnesses to the overt act of sending this packet by James, whose name is Mailstone, appears in the light of an accomplice; and besides he gives reasons for believing that the packet produced is not the one he saw and you are well aware, gentlemen, that it is not the question for you to try simply, whether you consider that the prisoner at the bar deserves well of the community or ill. The opinion you ought to form of his character and connections, is not the point for you to determine and decide in the verdict you are to give you are not to convict him of treason because he has been so wicked as to be connected with such men as the last witness called, Mailstone; with such men as James and Harrison, or with others of whom we have heard. What the history of his life has been, or what his conduct has been, ought for a moment to be forgotten by you, or rather to be remembered with this note, that it is not upon these you are now to decide. The learned gentleman who opened the case to you, told you well and properly, who revenues of their country, and to smuggle the produce of a foreign clime, even of an enemy's country, into his own; this is not a reason why you should find him guilty of the heinous offence of high treason. You are then to consider, gentlemen, the whole of the evidence which has been offered, and which will be stated to you with such observations from his lordship on the bench, as I am sure must do ample justice to the innocence of the prisoner, with respect to the charge now laid against him, notwithstanding any circumstance of criminality as a smuggler or otherwise. I am satisfied, that in the observations which will be made to you from the bench, where his lordship will aid me by being also counsel for the prisoner at the bar, as far as, according to the truth and justice of the case, he ought to be counsel for him, his lordship will tell you upon what points you are to lay the stress of your examination into the whole subject matter of the evidence that has been thus brought before you, so as to draw a proper conclusion from it; and will convince you that it is by no means a chain of evidence unbroken; by no means a body of circumstances which carry such conviction in the face of them, as is stronger than the positive testimony of ten thousand witnesses. Such the circumstances were which the learned gentleman opened to you; but such are not the circumstances, in my opinion, which have been proved to you; such, I trust, you will find the circumstances have not been, when you come to weigh and consider and reconsider the evidence amongst yourselves, after having heard the whole testimony in detail laid before you by his lordship, with the observations which he is to make upon it. And if you do not, upon the whole body of this case, find that the circumstances are such as to convict the prisoner of high treason, then you will not find him guilty, whatever may be your opinion of his other offences; whatever may be your opinion of his conduct in this contraband traffic with an enemy's country; which was highly censurable in every possible way: for, although the trade of smuggling thus carried on is doubly wrong, yet, let it be wrong in a degree as high as it may, this is not the crime of high treason. The illicit trade of smuggling is the crime that is proved against the prisoner. High treason, in compassing the death of the king, and adhering to his enemies, is the crime charged against him. But, gentlemen of the jury, the crime charged is what you must find by your verdict, in agreeing to find him guilty. If there fore you do not feel yourselves convinced, beyond a doubt, by what you have heard, or if the witness I shall call to contradict and to destroy the weight of the testimony of James, shall, by the fairness and consistency of his tale, create a doubt in your minds which does not already exist, then I will venture to assure you, that in such a doubtful case you ought to acquit. And I will only add, that if you should not be perfectly convinced of the prisoner's innocence, doubts of his guilt ought to have the same operation in determining your verdict, as proof of his innocence. If, therefore, you do entertain doubts, I am warranted in saying, under such circumstances, find the prisoner guilty, if in common honesty and common sense you can, if in conscience, and by the oath you have taken, you dare. EVIDENCE FOR THE PRISONER. Edward Ramsey sworn. Examined by Mr. Watson. Have you had any conversation with Wm. James, the witness who was called just now, since the prisoner at the bar has been in custody, respecting him?-Yes. (William James called into Court.) Q. to Ramsey. Have you had any conversation with this man, respecting the prisoner, since his being in custody?--Yes. Where was it?-In Tothill-fields Bridewell. Mr. James asked me if I would take a walk to Tothill-fields Bridewell. said, Did not I hear what you said, when you was examined at the office? I replied, I don't know what you have heard, nor what I said; but I said no more than the truth-That was in answer to a woman's talk-I said I don't know what I said, or what I did; but I said no more than the truth. The End of the Evidence for the Prisoner. Mr. Justice Heath summed up the Evi dence to the Jury, who almost immediately pronounced the prisoner Guilty. After the Jury had given in their Verdict, upon the Clerk of Arraigns putting to the prisoner the usual question, "What have you to say why judgment of death should not be passed upon you?" he replied, It is in vain for me to say any thing-Poverty has been the cause of my conviction; because I had not the means to bring my witnesses here. However, I have a hope beyond the grave, and despise every thing that has been done to me. SENTENCE. Mr. Justice Heath. You, David Tyrie, are to be led from hence to the gaol from whence you came; and from thence you are to be drawn, upon ' a hurdle, to the place of execution; and there Did you know James before?-Yes. Ac-you are to be hanged by the neck; and, cordingly I went with him. Mrs. Tyrie, Mr. 'being alive, to be cut down, and your privy Tyrie's wife, was there present, drinking a 'members to be cut off, and your bowels to be glass of wine. She abused James terribly taken out of your belly, and there burnt, she was in a terrible passion. you being alive: and your head to be cut off, and your body to be divided into four quarters; and that your head and quarters be disposed of where his majesty shall think fit.' What did he say?-He said he knew nothing about it; it was not his fault that brought her there. Then she seemed to be moderate, and did not scold so much. Relate exactly what James said. He said he knew nothing of it; that it was not his fault that she was brought there. What was the conversation about, when he said he knew nothing about it?-With regard to her being taken up. He said, Mr. Harrison had told him several times to paint the thing as black as he could. He was speaking to Mrs. Tyrie, but I was present. Mr. Mailstone was present at the time. When we were examining at the office, in Bow-street, Mr. James said he was sworn then, but he did not know what he was sworn to: being deaf, I presume he meant, but he did not mention that; I understood so. Court to James. Have you heard what this witness has said?--Yes. Court. What account do you give of it?-A. I went to see Mr. Mailstone there. Mrs. Tyrie came into the room, and began to talk to me very loudly; and said, she must thank me for being there.. I said, I did not know I had done her any harm. I paid but little regard to it, as it was a woman's talk. At last, she The following Letter, in Tyrie's hand-writing, was found upon the person to whom it is addressed, who was apprehended for al tering Bank-notes. (Copy.) "My dearest Sir; The things are ready, not in. To-morrow evening I hope to make my push. If I fail in this, what you propose is certainly a safe and practicable mode; but, good God! you amaze me so much, that I scarcely know what to think. I really doubt ed if there was such a man as you living. Our acquaintance is but short and casual. How then, that am but a stranger to you, can I expect you will run such a hazard for me? There are people in London who owe their fortunes to me, but have not once looked near me. God send I was out! I think I would convince you I was worth serving. Except yourself, I believe few men have more resolu tion. I have but few words; but, once in action, neck or nothing! Depend on it, if nothing unforeseen happens, dead or alive, I'll be delivered to-morrow night: it may be a night later before the tools come in, but not more. If I am detected, and you think you can accomplish a rescue in the journey to Winchester, the attempt will be safe, easy, and certain but the most difficult thing will be to find out when I am to be removed. I am in great confidence with the turnkeys; they say there is no talk of going; they are certain it won't be this week, and promise to give me notice the day before.-This cannot be depended on; but I will tell you how I think it might be reduced to a certainty. When I am removed, it will be either in the Winchester stage, or a post-chaise; and, in either case, I will go out of the gaol about five o'clock in the morning, or rather half an hour sooner. Suppose then a person was to wait about the Old Bailey and Newgate-street every morning, from about half after three till about six o'clock: let him first come into the gaol, and see my face and person. If I am removed suddenly, he can then come and give you notice; first following to see whether I go by the stage, or in a chaise: if in a chaise, I'll go from the door; if by the stage, I'll go to the inn.-You can enquire where the Winchester stage inns. Bill Lee, and another creature like himself, are all that goes with me, at least so I am told; and them it is only who go with the prisoners removed at assize time. Knowing my time and mode of conveyance, all that's wanted would be three or four men disguised with smock or waggoner's frocks, and well mounted, as if smugglers; they might have crapes for the face. Nothing should be attempted this side Hounslow; but immediately on the other side of it, or not again till you come to Bagshot-Heath, just about the 23 mile stone.-A horse or a chaise ought to be ready; I would prefer the former; and a frock also to disguise me after I got away.-There are a great many ways which we could double from both of these places.-And, however ridiculous you may think it, plenty of snuff should be provided, to throw in their eyes:-you should also get a punch and an iron, for knocking off the bazils from my legs. We will reach Hounslow about seven o'clock in the morning, and Bagshot-heath about eleven; each about an hour and a half sooner, if in a chaise. If all the parties were ready, a watch would do just as well at Hyde-Park-corner turnpike as at Newgate; only whoever does it must first know my person. Now, suppose I was to get notice about six, seven, or eight o'clock on the evening before I am removed; how could I contrive to let you know? I wish you and Jack would settle some place about this; I could get a person perhaps to go a mile or two, but not further; and it would be imprudent to trust every one with where you live. Turn all this in your mind, my dear friend, as the dernier, in case my first should be frustrated. If you can get men who know the road, they may know a better place nearer London. I doubt you will find it difficult to get the men. -You must tell them it is to rescue a person about smuggling. Adieu! God bless you! I'll expect to hear from you to-morrow.-Your ever faithful and obliged friend." "Wednesday morning. Mr. John Graham." 566. The whole Proceedings on an Indictment in the Case of the KING, on the Prosecution of WILLIAM JONES, gent. against the Rev. WILLIAM DAVIES SHIPLEY, Dean of St. Asaph, for a Seditious Libel, at the Great Session held at Wrexham, for the County of Denbigh, on Monday, September 1, 1783; Before the Hon. Lloyd Kenyon, Chief Justice, and the Hon. Daines Barrington, the other Justice of our Lord the King of his Great Session of the County of Denbigh :* At the Assizes at Shrewsbury, on Friday the 6th of August, 1784; Before the Hon. Francis Buller, esq. one of the Justices of his Majesty's Court of King's Bench;* and in the Court of King's Bench, at Westminster, in Michaelmas Term following: 23, 24, 25 GEORGE III. A. D. 1783-1784. [In the year 1783, soon after the conclusion of the calamitous war in America, the public attention was very warmly and generally turned throughout this country towards the necessity of a reform in the representation of the people in the House of Commons. Several societies were formed in different parts of England and Wales for the promotion of it; and the duke of Richmond, and Mr. Pitt, the then minister, took the lead in bringing the subject before parliament. To render this great national object intelligible to the ordinary ranks of the people, the late excellent sir William Jones, then an eminent barrister in London, and afterwards one of the Judges of the Supreme Court of Judicature at Bengal, composed a Dialogue between a Scholar and a Farmer, as a vehicle for explaining to common capacities the great principles of society and government, and for showing the defects in the representation of the people in the British Parliament. Sir Wm. Jones having married a sister of the dean of St. Asaph, he became acquainted with, and interested in this Dialogue, and recommended it strongly to a committee of gentlemen of Flintshire, who were at that time associated for the object of reform, where it was read, and made the subject of a vote of approbation. The court-party on the other hand having made a violent attack upon this committee for the countenance thus given to the Dialogue, the dean of St. Asaph, considering (as he himself expressed it) that the best means of justifying the composition, and those who were attacked for their approbation of it, was to render it public, that the world might decide the controversy, sent it Taken in Short-hand by Joseph Gurney. to be printed, prefixing to it the advertisement set forth upon the Trial.] AT the Great Session held at Wrexham, for the county of Denbigh, in April 1783, a bill of indictment was found against the dean of St. Asaph, to which the defendant pleaded Not Guilty. At the Great Session held at Wrexham, for the county of Denbigh, in September 1785, the following proceedings were had: Mr. Leycester. I am going to move your lordships upon an affidavit which is now preparing, and if your lordships please, in order to save the time of the Court, I will just state the subject of the motion, and the nature of the affidavit It is a motion that this trial may be put off, upon an affidavit which will soon be presented to your lordship.-The purport of the affidavit is, that a certain body of men, calling themselves the Constitutional Society, contribute to the expences of defending the dean of St. Asaph on this prosecution. That since issue has been joined in this indictment, a certain person, named in the affidavit, has dispersed pamphlets to several of the jury, and throughout this neighbourhood, the purport of which is, to bias and influence the minds of the jury upon this prosecution. It is stated that the person who circulates this pamphlet brings it from the Constitutional Society, and Dr. Brockelsby and Mr. Oldfield, under whose authority he has acted, are sworn by the deponent, to the best of his belief, to be members of that society. Upon the ground of the facts thus disclosed by this affidavit, I am to move your lordships, that this trial may be put off. I need not suggest to your lordships the great impropriety of circulating a paper of this sort, tending to pre |