A. Upon my solemn oath, I saw them do nothing that could be at all auxiliary to an escape. Q. That is not an answer to my question. A. I do not wish to be understood to blink any question; and if I had been standing there, and been asked whether I should have pushed or stood aside, I should have had no objection to answer that question. Q. My question is, whether from what you saw of the conduct of Lord Thanet and Mr. Fergusson, they did not mean to favour the escape of O'Connor, upon your solemn oath? A. The learned counsel need not remind me that I am upon my oath: I know as well as the learned counsel does, that I am upon my oath; and I will say, that I saw nothing that could be auxiliary to an escape. Q. After what has passed, I am warranted in reminding the honourable gentleman that he is upon his oath. My question is, whether from the conduct of Lord Thanet or Mr. Fergusson, or either of them, as it fell under your observation, you believe that either of them meant to favour O'Connor's escape ? A. I desire to know how far I am obliged to answer that question. I certainly will answer it in this way, that from what they did, being a mere observer of what passed, I should not think myself justified in saying that either of them did. Am I to say whether I think they would have been glad if he had escaped? That is what you are pressing me for. Q. No man can misunderstand me; I ask, whether from the conduct of Lord Thanet or Mr. Fergusson, or either of them, as it fell under your observation, you believe, upon your oath, that they meant to favour the escape of O'Connor? A. I repeat it again, that from what either of them did, I should have no right to conclude that they were persons assisting the escape of O'Connor. Q. I ask you again, whether you believe from the conduct of Lord Thanet or Mr. Fergusson, or either of them, upon your oath, that they did not mean to favour the escape of O'Connor? A. I have answered it already. Lord Kenyon. If you do not answer it, to be sure we must draw the natural inference. Mr. Sheridan. I have no doubt that they wished he might escape; but from any thing I saw them do, I have no right to conclude that they did. Mr. Law. I will have an answer; I ask you again, whether from their conduct, as it fell under your observation, you do not believe they meant to favour the escape of O'Connor ? A. If the learned gentleman thinks he can entrap me, he will find himself mistaken. Mr. Erskine. It is hardly a legal question. Lord Kenyon. I think it is not an illegal question. Mr. Law. I will repeat the question-whether from their conduct, as it fell under your observation, you do not believe they meant to favour the escape of O'Connor? A. My belief is, that they wished him to escape; but, from any thing I saw of their conduct upon that occasion, I am not justified in saying so. Q. I will ask you, whether it was not previously intended that he should escape, if possible? A. Certainly the contrary. Q. Nor had you any intimation that it was intended to be attempted? A. Certainly the contrary. There was a loose rumour of another warrant, and that it was meant that he should be arrested again, which was afterwards contradicted. Then the question was mooted, whether the writ could be issued before he was dismissed from custody. Certainly there was no idea of a rescue. There was no friend of Mr. O'Connor's, I believe, but saw with regret any attempt on his part to leave the court. Re-examined by Mr. Erskine. You were asked by Mr. Law, whether you believed that the defendants wished or meant to favour the escape of Mr. O'Connor. I ask you, after what you have sworn, whether you believe these gentlemen did any act to rescue Mr. O'Connor? A. Certainly not; and I have stated upon my oath, that every man in the narrow gateway endeavoured to stop him: I remarked it particularly; because, there being a common feeling among Englishmen and he being acquitted, I thought they might form a plan to let him escape. Q. You have stated that you saw no one act done or committed by any one of the defendants indicative of an intention to aid Mr. O'Connor's escape. A. Certainly. Q. I ask you, whether you believe they did take any part in rescuing Mr. O'Connor? A. Certainly not. IRISH EVIDENCE. At a late assize in Limerick, a boy was brought forward as a witness for the prosecution in a case of murder. He appeared so young and so ignorant, that the Judge (Solicitor-General Bushe) thought it necessary to examine him as to his qualifications for a witness, when the following dialogue took place : Q. Do you know, my lad, the nature of an oath ? Q. Do you mean to say that you do not know what an oath is? A. Yes. Q. Do you know any thing of the consequence of telling a lie ? A. No. 4. O yes. Q. What did he say to you? A. I met him on the mountain one day, and he bid me hold his horse, and be to me. Judge. Go down: you are not fit to be sworn. NECESSITY. Dr. De la Cour of Cork, having one day to reprove a counsel, rather unlearned in the law, told him he was a counsellor of necessity. "Necessity!" exclaimed the briefless barrister, "what do you mean by that?" Why," replied the doctor, "you know necessity has no law.' HANS BEUDIX*. THERE once was an Emperor (so says my story), The first was a warrior, nursed in the field, Such a life had ill suited the man of the gown;- Why, or wherefore, I know not, but leave you to judge, And, checking his barb, in his fullest career, *This is nearly a translation of a Ballad of Burger's. "Since your life must be dull, and your pastimes are few, You will thank me for finding you something to do.Your worship's vast learning we all of us know; Nay, 'tis rumour'd, Sir Priest, you can hear the grass grow. "That such talents should rust, were a pity, indeed! So I give you three exquisite riddles to read: To each of my questions (as surely you can, sir), answer. "With my crown on my head, in my costliest robe, "The problem I next to your wisdom propound "And then I expect you to tell me my thought, "Now, unless you shall answer these questions, I ween, In vain he appeal'd to both Weimar and Gotha, |