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pistol. I then went to Mrs. Palmer, who said he had lodged there for a month. I then judged he was a person of some importance. When I first went in, there was a paper on the chair, which I put into my pocket. I then went to the canal bridge for a guard, having desired him to be in readiness as I passed by. I planted a sentry over him, and desired the non-commissioned officer to surround the house with sentries, while I searched it. I then examined Mrs. Palmer, and took down her account of the prisoner, during which time I heard a noise, as if an escape was attempted. I instantly ran to the back part of the house, as the most likely part for him to get out at; I saw him going off, and ordered a sentinel to fire, and then pursued myself, regardless of the order. The sentry snapped, but the musket did not go off. I overtook the prisoner, and he said, 'I surrender!' I searched him, and found some papers upon him."

On the witness expressing concern at the necessity of the prisoner's being treated so roughly, he, the prisoner, observed, “ that all was fair in war.” The prisoner, when brought to the Castle, acknowledged that his name was Emmet.

The case for the crown having closed, and Emmet declined to enter into any defence, Mr. Conyngham Plunket rose to address the jury, previous to the judge's charge. To this the prisoner's legal advisers objected, as the counsel for the crown could not be said to have a right to reply to evidence, when no defence had been made. Lord Norbury, however, decided otherwise,-and Mr. Plunket then addressed the court.

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CHAPTER XXXIX.

SPEECH OF THE ATTORNEY-GENERAL-LORD NORBURY'S CHARGE-FINDING

OF THE JURY-EMMET'S CELEBRATED SPEECH-HIS EXECUTION-CON-
CLUDING REMARKS.

is the

“ My Lords and Gentlemen of the Jury, “ You need not entertain any apprehension that, at this hour of the day, I am disposed to take up a great deal of your time, by observing upon the evidence which has been given. In truth, if this were an ordinary case, and if the object of this prosecution did not include some more momentous interests than the mere question of the guilt or innocence of the unfortunate gentleman who stands a prisoner at the bar, I should have followed the example of his counsel, and should have declined making any observation upon the evidence. But

, gentlemen, I do feel this to be a case of infinite importance indeed—it is a case important, like all others of this kind, by involving the life of a fellow-subject'; but it is doubly and ten-fold'important, because, from the evidence which has been given in the progress of it, the system of this conspiracy against the laws and constitution of the country has been developed in all its branches; and in observing upon the conduct of the prisoner at the bar, and bringing home the evidence of his guilt, I am bringing home guilt to a person who, I say, centre, the life-blood and soul of this atrocious conspiracy.

“Gentlemen, with respect to the evidence which has been offered upon the part of the crown to substantiate the guilt of the prisoner

, I shall be very short indeed in recapitulating and observing upon itI shall have

very

little more to do than to follow the statement which was made by my learned and eloquent friend, who stated the case upon the part of the crown ; because it appears to me that the outline which was given by him has been with an exactness and precision seldom to be met with, followed up by the proof. Gentlemen, what is the sum and substance of that evidence ? I shall not detain you by detailing the particulars of it. You see the prisoner at the băr returning from foreign countries some time before hostilities were on the point of breaking out between these countries and France ; at first avowing himself--not disguising or concealing himself-he was then under 10 necessity of doing so; but when hostilities commenced, and when it was not improbable that foreign invasion might co-operate with domestic treason, you see him throwing off the name by which he was previously known, and disguising himself under

new appellations and characters. You see him in the month of March or April going to an

66 But

obscure lodging at Harold's-cross, assuming the name of Hewitt, and concealing himself there-for what purpose ? Has he called upon any witness to explain it to you, if he were upon any private enterprise, if for fair and honourable views, or

any
other
purpose

than that which is imputed to him by the indictment ? Has he called a single witness to explain it? No; but after remaining six weeks or two months in this concealment, when matters began to ripen a little more, when the house was hired in Thomas-street, which became the depôt and magazine of military preparation, he then thinks it necessary to assume another character and another place of abode, accommodated to a more enlarged sphere of action; he abandons his lodging, he pays a fine of sixty-one guineas for a house in Butterfield-lane, again disguised by another assumed name—that of Ellis. Has he called any person to account for this, or to excuse by argument, or even by assertion, this conduct ?-why, for any honest purpose, he should take this place for his habitation under a feigned name?

you find his plans of treason becoming more mature. He is there associated with two persons, one of the name of Dowdall. We have not explained in evidence what his situation is, or what he had been; the other is Quigley—he has been ascertained by the evidence to have been a person originally following the occupation of a bricklayer ; but he thought proper to desert the humble walk in which he was originally placed, and to become a framer of constitutions and a subverter of empires.

“ With these associates he remains at Butterfield-lane, occasionally leaving it and returning again; whether he was superintending the works which were going forward, or whatever other employment engaged him, you will determine. Be it what it may, if it were not for the purpose of treason and rebellion, he has not thought proper by evidence to explain it. So matters continued until some short time before the fatal night of the 23rd of July. Matters became somewhat hastened by an event which took place about a week before the breaking out of the insurrection-a house in Patrick-street, in which a quantity of powder had been collected for the purposes of the rebellion, exploded. An alarm was spread by this accident ; the spirators found that if they delayed their schemes and waited for foreign co-operation, they would be detected and defeated, and therefore it became necessary to hasten to immediate action. What is the consequence ? From that time the prisoner is not seen in his old habitation, he moves into town, and becomes an inmate and constant inhabitant of this depôt. These facts, which I am stating, are not collected by inference from his disguise, his concealment, or the assumption of a foreign name, or the other concomitant circumstances, but are proved by the positive testimony of three witnesses, all of whom positively swear to the identity of his person, Fleming, Colgan, and Farrell, every one of whom swears he saw the prisoner (tallying exactly with each other as to his person, the dress he wore, the functions he exercised), and every one of whom had a full opportunity of knowing him. You saw him at Butterfield-lane, under the assumed

con

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