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that there was not fufficient evidence to put them on their defence, as to being present at the time; therefore, in the long evidence which I am going to state to you, you will confider the prifoner, Patrick Nicholton, only. The firft witnefs was Thomas Davey; he is contradicted by almost every other witness, and his evidence is very little material as to the charge against this prifoner. You will obferve, that neither Gilmore nor the other witnettes were examined before the Coroner, before Juftice Wilmot, or before the Grand Jury who found the Bill laft Friday; and the cafe refts upon the credit you give to thefe three witneffes on the part of the profecution, to which you muft fubjoin the evidence respecting the character of John Jofeph, who is the only perfon that was examined before with refpect to this tranfaction. The other witneffes were never known to be witneffes till this morning, and the Counfel fay they have not their names in their briefs; if you believe these three witneffes, to be fure the charge is proved against the prifoner; but fuppofing you should give credit to thefe three witnelles, fuppofing you can poffibly give credit to the three witneffes examined for the profecution, with all their variations and contradictions, and the character of Joseph, there is another matter for your confideration, which is, what is the offence? Now every one of the witneffes that have been examined on the part of the prifoner, and not contradicted at all, own, that the first attack was given by the constables; if so, what the people did may be faid to be in their own defence, and one of them giving. an accidental blow, you cannot make it any thing but manslaughter; but for my own part, I think, on the variations and contradictions that appear on the part of the witneffes for the profecution, it is for you to determine whether you will not acquit the prifoners.

PATRICK NICHOLSON,
JAMES WARD,
JOSEPH SHAW,

JAMES MURRAY,

NOT GUILTY.

Mr. Erskine. My Lord, Mr. O'Brien, who was included in this indictment, came here for the purpofe of furrendering himfelf; if you can fpare a few minutes to have him arraigned, I believe I may truft to the candour of the learned Gentlemen on the part of the profecution, that they have no further evidence.

Mr. Morgan. I cannot fay I can give ftronger evidence against him than I have already given.

DENNIS O'BRIEN, Efq. was then indicted for the wilful murder of Nicholas Caffon, and aiding, abetting, and affifting in the said murder. There being no other evidence, he was

ACQUITTED.

PATRICK KENNY and THOMAS NICHOLSON were indicted (the next morning) for the wilful murder of the faid Nicholas Caffon.

Mr. Garrow. My Lord, the Counfel for the Crown decline to give any evidence against these prifoners. BOTH ACQUITTED.

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POETRY.

3G a

In the following Collection of Miscellaneous Poetry, we will not pretend (no more than in the Paragraph) to prescribe to the Reader's Tafe and Judgment: he may chufe his own fide of the Question, and determine for himself on the Poetical Merit of each anonymous Author. On Mr. Fox's Part, there will appear feveral Originals, never till now made PublicWe owe the acquifition to arduous Industry. Equal Pains was taken to come at Manufcript Compofition in Favour of Lord Hood and Sir Cecil Wray; but we were not fortunate enough to procure any Thing which had not before appeared in a Newspaper, or fome other periodical Mifcellany. All the Merit therefore that we claim in commencing this Part of our Work, is in Selection, only, as far as Hood and Wray continues, the running Title. We hope the Friends of Mr. Fox will not be offended at our giving, as it were, Precedence to fuch Productions of the Mufes which compliment the Caufe of his Opponents. It is a mere mechanical Diftinction, and fo regulated, because the like Order has been already obferved in the Profaical Matter, which, in Fact, could not be otherwife, for, beginning with Advertisements, the firft of Hood and Wray's is of prior Date to the firft of Mr. Fox's.

An HEROIC EPISTLE to the MAN of the PEOPLE, or a CONGRATULATORY ADDRESS to the NABOB of BENGAL, on his most excellent Speech in PARLIA MENT; with NOTES Critical and Explanatory.

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Cheyt Sing. For an account of this unhappy Prince, fee the Reports of the Select Committee.
Ver. 26. Atque iidem venti vela fidemque ferunt.

OVID.

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