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 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. Hood. Fox. Wray. Hood. Fox. Wray. Fox. Wray 970 941 866 1234 1243 1104 139 3 Third, 871 2185 1923 Fourth 3262 2868 2985 117 6 Fifth 637 3936 Sixth 522 414 495 4458 3827 4797 4126 4422 296 9 Eighth 8ο 75 69 4877 4201 4489 288 10 Ninth 5218 316 12 Tenth 5464 4677 4995 318 13 Eleventh 5581 4819 5092 273 14 Twelfth 151 186 116 5732 5005 5208 203 15 Thirteenth 143 143 113 5875 5148 5321 173 Fourteenth 96 82 79 75 19 Sixteenth 55360 65 6052 5305 5465 160 68 6120 5370 5533 163 5443 5574 131 49 6239 5519 5623 104 22 Nineteenth 35 51 27 6274 5570 5650 80 6327 5615 5699 84 24 Twenty-first 51 56 38 6377 5671 5737 66 26 Twenty-fecond 52 79 40 6429 5750 5777 27 27 Twenty-third 39 77 29 6468 5827 5806 21 28 Twenty-fourth 39 56 36 6507 5883 5842 41 29 Twenty-fifth 25 38 56 30 Twenty-fixth 86 May Twenty-feventh 14 3 Twenty-eighth 12 6574 6016 5902 114 4 Twenty-ninth Thirtieth 6588 6049 5913 136 5 6600 6084 166 Thirty-first 6614 6104 5929 175 Thirty-fecond 6624 6113 5937 176 8 Thirty third 9 6635 6134 5946 188 10 Thirty-fourth 19 6658 6149 5965 184 Thirty fifth 12 13 15 17 Thirty-fixth Thirty-feventh 14 Thirty-eighth Thirty-ninth 6 17 12 17 776 2 6663 6165 5971 3 6672 6194 5980 214 6675 6201 5982 219 6694 6234 5998 194 231 236 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. Cheyt Sing. For an account of this unhappy Prince, fee the Reports of the Select Committee. OVID. |