away?' he answered, You are the best judges of what you ought to do, but I will tell you how the matter ftands: the house are going to divide upon the question, whether your petition fhall be taken into confideration now, or upon Tuesday. There are, for taking it into confideration now, myfelf, and fix or feven others. If it be not taken into confideration now, your petition may be loft. To-morrow the houfe does not meet; Monday is the king's birth-day. On Tuesday the parliament may be diffolved,'or 'prorogued.' [The witnefs was not certain which expreffion; and with regard to the whole of his evidence he fpoke with great caution, declaring that he could not be very accurate as to the words. ]

The Rev. Thomas Bowen, officiated as chaplain to the House of Commons on the 2d of June; after prayers were over, he went and fat under the gallery, near the door. The tumult in the lobby was very great, and, while the houfe were deliberating how to quell it, he faw Lord George frequently go to the door, and heard him repeat to the people in the lobby what different members had faid in the debates. The speaker of the house has juft faid that you are all come here under the pretence of religion.' He thought his lordship then added, You are a good people; yours is a good caufe.' After this, he faid, Mr. Burke, member for Bristol, has faid' but the door was then shut, and he could not hear what. Afterwards, he called out, Mr. Rous has juft moved that the civil power be fent for, but don't you mind; keep yourselves cool; be fteady. At another time he

faid, "Lord North calls you a mob.' Once, while Lord George was at the door, he faw a gentleman go up to him, who seemed to be perfuading him to return to his feat. As foon as Lord George turned round, and faw who it was, he called out to the people, This is Sir Michael le Fleming; he has just been fpeaking for you.' He feemed to be remarkably pleafed with Sir Michael, patted, or ftroaked, his fhoulder, and expreffed a kind of joy, which the witnefs knew not how to defcribe. It feemed to him extravagant, and, if he might be allowed the expreffion, childish. The witness further faid, that when the divifion was called for he withdrew. Being afterwards ftanding near the little gallery over the lobby, he faw fome gentlemen endeavouring to perfuade the people to retire; one of the gentlemen asked him to fpeak to them, he accordingly told them they stopped their own bufinefs, and begged them to retire. He then heard a perfon call out distinctly, if his lordship would come, and fay it was neceffary for them to go, they would go.' Some time after he went up into the eating-room. While he was at table, Lord George came there, and foon after there was scarce any perfon in the room but his lordship and himfelf. Lord George had thrown himself into a chair, and feemed overcome with heat and fatigue. The witness told him what he had just heard a perfon fay from the lobby; and he added, that it depended wholly upon his lordship to disperse them. To this he made no anfwer, but foon after left the room. Some time after, he went down ftairs, and faw his lordship in the little

gallery,

gallery. He heard him begin to advise the people to be quiet, and peaceable, and fteady; his majefty is a gracious monarch, and, when he hears that the people ten miles round are collecting, there is no doubt but that he will fend his minifters private orders to repeal the bill.' He then mentioned the attempt that was made to introduce a bill into Scotland; the Scotch,' faid he, had no redrefs till they pulled down the mass - houses; Lord Weymouth then fent them official affurances, that the Act should not be extended to them, and why should they be better off than you?' [Here the witness faid he was in doubt whether the expreffion was the Scotch had no redrefs till they pulled down the mafs-houfes,' or 'When the Scotch pulled down the mafshoufes, they had redrefs.'] His lordship then advised them to be quiet, and to beware of evil-minded perfons, who would mix among them, and entice them to mischief, the blame of which would be imputed to them.' It was then (the witnefs thought) that a perfon in the lobby asked his lordship if it was not neceffary for them to re

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I will tell you, said his lordship, how it is: I moved the queftion, that your petition be taken into confideration this night. Now it was clearly against you, but I infifted upon dividing the house no divifion can take place while you are there, but to go or not I leave to yourfelves.' He then asked the witnefs, if he would fpeak to the people, who anfwered by no means, for that his lordship was the only perfon who could fpeak to them with any good effect. Lord George then took hold of the witnefs's gown,

and called out to the people this is the clergyman of the House of Commons. I defire you will afk him what his opinion of the Popish bill is,' and immediately he urged the witness to give it, who anfwered with great warmth, that the only opinion he fhould give was, that all the confequences which might arife from that night would be entirely owing to him. Several gentlemen about them repeated thefe words. His lordship made no reply, but went into the houfe. On his cross-examination, he faid, that he was under no agitation of mind, or particular apprehenfions, till Lord George defired his opinion, which put him into a confiderable flurry of spirits; that, the next day, he committed what had paffed to writing, and fent it to the speaker.

John Cater, Efq; depofed, that being then a member of the house, as he was going through the paf fage at the top of the itair-cafe, the house being under a question they could not decide, as the officers were not able to clear the lobby, he heard and faw a perfon in the lobby who called aloud two or three times, • Lord George Gordon!' and then added, My lord, we are ordered to clear the lobby: if your lordship wishes we fhould clear it, we will do it directly, and without any trouble.' The noble prifoner anfwered, I will tell you how the cafe stands. I have moved to have your petition taken now into confideration. Alderman Bull and two or three more are for it: the rest are against it: therefore, if you wifh your petition fhould be now taken into confideration, you may ftay, or do as you please. All in the lobby were filent and attentive; but, as

foon

foon as the prifoner had faid this, they pulled off their hats, and cried, Now, now, now.' A kind of pause enfued. Lord George then leaned again over the rail, and faid, Would you not wish to be in the fame ftate they are in Scotland? They anfwered, Yes, yes;' and he faid, 'Well, well."

Jofeph Pearfon, door-keeper to the House of Commons, depofed, with the preceding witneffes, to the great crowd in the lobby, moft, if not all, of whom, had blue cockades; and that the general cry was, 6 A repeal, a repeal. No Popery, no Popery! He faid, that Lord George came to the door two or three times, and faid he fhould come out, and let them know what was going on in the houfe; they had a good cause, and they had nothing to fear.' He came once, and faid, Sir Michael le Fleming had fpoken in their behalf like an angel.' They crowded much upon the witnefs, who faid, For God's fake, gentlemen, keep from the door.' Lord George waved his hand, and faid, Pray, gentlemen, make what room you can; your caufe is good, and you have nothing to fear.'

Thomas Baker, the lower doorkeeper, depofed to the great crowd in the paffage to the lobby, and to the cry of Repeal! No Popery, no. Popery! On the Tuesday after, he faid, the crowd was entirely kept out, and, as he thought, by the conftables.

Sampfon Wright, Efq; juftice of the peace, depofed to his receiving directions from the lords to clear the avenues of the houfe on Friday the 2d of June, and to the measures he took in pursuance of their commands: VOL. XXIV.

Sampfon Rainsforth, high conftable; Charles Jealous and Patrick Macmanus, officers of the police; David Mills, a conftable; Thomas Gates, the city-marfhal; William Hyde, Efq; juftice of the peace; John Lucy, one of the Proteftant Affociation; and Barnard Turner, commander of the London Military Affociation; refpectively gave evidence of the outrages in various parts of the metropolis, from Friday the 2d of June till the Thurfday following.

Lord Porchefter depofed that he faw the prifoner in the Houfe of Commons on Tuesday the 6tli, with a blue cockade in his hat.

Richard Pond fwore that he applied to the prifoner for a protection for his houfe; that he, the witnefs, produced the following paper, ready written, which his lordship figned in a coach, on his affuring him that it would be of fervice to him.

The paper read-it was literally as

followeth:

paper came out of his hands, he faid it was upon the application of Mr. White and Mr. Alderman Wilkes.

John Dingwall was called to prove the hand-writing of the prifoner, but he declared that, tho' he was well acquainted with his writing, and had known him from his birth, he had never feen him write. On his cross-examination, being questioned with regard to what paffed between him and Lord George the night he was with his lordship before the meeting in May, the attorney-general oppofed this queftion, obferving, that what Lord George faid might be evidence against himfelf, but

could not be evidence for him. Mr. Kenyon faid, that the meeting, which was held in St. George's Fields on the 2d of June, was or was not legally affembled; the motives for which they affembled, if Lord George was the affembler of it, would go a great way to fhew whether they were legally affembled, or not. If af fembled for purposes hottile to the laws, it was illegal, but if Lord George conceived it conftitutional to go up with it, with a confiderable number of perfons, and if he had affigned the reafon why he was fo to go up, that it was to remove the imputation, that he was carrying up a petition with forged names, he fubmitted to the court, that, whatever the motives were, it conftituted either criminality, or abfolved him from the guilt with which he was charged; he conceived, therefore, that, if he could demonftrate what the motives were which induced him to take the people there, it would go a great way, not only in extenuation of

his offence, but would totally extirpate the crime.' The court, however, were of opinion, that the private declaration of the prifoner could be no evidence of his motives, and the witness proceeded no further.

General Skene, Hugh Scott, Efq; Robert Grierson, and Wm. M'Kenzie, being fucceffively called to prove the riots in Scotland in 1779, in order to establish a fact, faid by feveral witneffes to be alluded to in the prifoner's declaration to the mob, the attorneygeneral here clofed the evidence for the crown.

The Prifoner's Defence.

Mr. Kenyon began with obferving, how much it was to the difadvantage of the prifoner, that he should make his defence at that period, when, as the attorneygeneral had obferved, the attention of the court and the jury muit, in fome measure, be exhausted; lamenting alfo, that, being very little verfed in the criminal courts, he felt himself under great agitation of mind.

When perfons were accused of actions of great enormity, it was natural, he faid, to enquire into the motives of their conduct; and, when the noble family of the prifoner and his exalted fituation as a member of the legislature were confidered, it was not reasonable to think that his conduct could be influenced by fuch motives as had been imputed to him.

The crime imputed to the prifoner, he faid, was under an A&t [25 Edw. III.] enacted for the wifeft purposes, that fuch enormous crimes fhould not depend

upon

upon loofe conftruction, but that men might fee, in the plain words of the ftatute, what they were and what they were not to do. He - lamented that there was fuch a phrafe in the law as conftructive' treafon; and he believed that, when this law was enacted, the legislature had no idea, that fuch a phrafe would find its way into the court at Weftminster.

He next cenfured the attorneygeneral, for addreffing himself to the paffions of the jury by improper and exaggerated defcription; talking of a multitude collected together in a way defcriptive of military arrangement.

Reviewing now the evidence in fupport of the profecution, he came to that of William Hay, which he treated as very fufpi

cious. He had contradicted himfelf in ftating that he had feen Lord Gordon at Greenwood's rooms; and though his motives for being at all the meetings, and at the principal fcenes of riot, were unnaccountable, his evidence had afcertained one important fact, that in all thefe places there were perfons who had nothing to do with Lord George Gordon, and who increased, if they did not make the crowd.

He feemed to infinuate, that this witnefs had been tutored in his evidence; for he made ufe of the military terms arrayed' and columns, although, in his crofsexamination, he had admitted, when asked whether Lord George had defired them to march in columns or divifions, that he had ufed only the latter expreffion. That part of his evidence, viz. that at the Crown and Rolls tavern, he had heard Lord George

fay, that, by the king's paffing the Quebec bill, he had brought himself to that pafs in which James II. was after his abdication," he fhewed to be not only unfupported by any other witnefs, but to be highly improbable, and that therefore it was fufficient to do away the whole of his evidence. As the fact was ftated to have paffed in the presence of a multitude of witneffes, there was no doubt, but that, from the great induftry of thofe concerned for this profecution, they would never have neglected to procure more witneffes to the fact, if, in reality, it had any existence.

his

Dwelling upon several inconfiftencies in the evidence of this witnefs, and particularly upon hefitating and ftammering in fome parts of it, he ftated the duty of a jury in fuch a cafe. If juries, faid Mr. Kenyon, are to believe witneffes, merely because they will swear to facts, juries are become of little ufe indeed. Thofe, who are acquainted with the profeffion, fee and lament that there is no fact whatever that witneffes may not be brought to prove. is for juries, therefore, to judge between the probable and the improbable, and to fee whether the witnefs be fupported by other witneffes.'

It