clamation issued by the lord lieutenant and council; the necessity for issuing it is investigated; each of the corps took severally into their consideration the propriety of it, and next day published their different sentiments, all expressive of disappro bation. So that, it is manifest, they were brought publicly together for a state purpose, and to debate a state matter. While these resolutions were in discussion, Mr. Tandy and Mr. Rowan were seen to take from the table the printed papers that lay upon it, and disperse them among the several volunteers who stood around them, and to hand them from the lower room to persons in the gallery, and to persons not in their confidence: they were handed up promiscuously to any man there, and to many persons in the streets, that evening and the next day; they were flung out of the windows to the mob, that stood round the room.

These, gentlemen, are the circumstances which preceded the publication of this paper by the traverser; it will be for you to consider with what view and purpose a paper like this was composed, and thus dispersed. If you believe it was a candid and fair discussion upon constitutional subjects, or grievances, real or supposed, you will not consider it as a libel; but, if from internal evidence in the paper itself, and from the circumstances attending it, you believe it was no such thing, but that it was published to raise discontents against the government-to disturb the people-to overawe the parliament, or any branch of the state, then you must find him guilty. You, gentlemen, will take the paper into your room with you; consider it coolly and discharged from all you have heard abroad respecting it, and determine in your own minds, whether it be possible to give it any other construction than that which the information has ascribed to it. I will submit to you, gentlemen-to you alone I desire to submit the cool examination of that paper itself. It is impossible with the utmost ingenuity (and he who comes after me on the other side has as much ingenuity as any man) to show that it was not written for the purpose of overawing

the legislature. [Here Mr. Attorney read the publication, as set forth in the information, and charged to be libellous, accompanied with severe remarks on each sentence.]

EVIDENCE ON THE PART OF THE CROWN.

John Lyster deposed, That on Sunday forenoon, the 16th of December, 1792, he happened to pass through Cope street, (Dublin,) and perceiving a great crowd in the fencing school of one Pardon, he went in-he was told, that no one with coloured clothes could be there, but was shown a gallery, to which he went-thought the assembly to consist of one or two hundred persons, some of whom were dressed in the old, others in the new volunteer uniform. Among those in the room were Messrs. Rowan, Tandy, and Kenny, whom he had known before. There was a table in the room on which were a great many printed papers-a bundle of those papers was taken up by Mr. Rowan, and distributed among the persons below; some thrown up to the gallery, one of which he got, and some thrown out of the window to the mob. Mr. Rowan read a paper to the company, which, so far as he read, was similar to the one he had. Soon after this, having occasion to call on Mr. Pollock, (attorney,) he was asked by him, if he had been at the meeting in Cope-street. He answered yes, related the whole affair, and showed the paper he had got. Mr. Kemmis (the crown solicitor) waited on him the next day, and was made acquainted with all the particulars of the meeting; since when, the deponent had obtained an ensign's commission in the army, through the interest (as he said) of his relation Lady Hobart. This deponent was witness to two bonds given by his father to his brother, the one for 500l. and the other for 3001. The bonds were put in suit; the signatures of his father were denied he was, as a subscribing witness, sworn on the trial-the jury could not agree, and there was no verdict the case was re

ferred, and the arbitrators awarded only 2001.

Deponent took the charge of one Peter Hamilton, a lunatic-went with him to England, and came back again. During his having the custody of the lunatic, he obtained from him a note for 150%-he had brought suit on the note-after the death of the lunatic, his executors had filed a bill in chancery to be relieved from the note-he had not yet recovered the money.

Wm. Morton's testimony relative to the meeting in Copestreet, was nearly similar to that of John Lyster's, but did not prove a publication by the defendant.

EVIDENCE ON BEHALF OF THE TRAVERSER.

Francis Blake said, he could not positively say that Lyster was not to be credited on oath, but "he should hesitate, he should doubt."

John Smith knew not much of Lyster, but from what he did know, he should give very little credit to what he should say even on oath.

Mary Hatchell-"Lyster is not to be credited on oath."
Here the testimony closed.

A few minutes before the defendant's counsel rose, a guard of soldiers was brought into the court house by the sheriff.

Mr. CURRAN. Gentlemen of the jury. When I consider the period at which this prosecution is brought forward; when I behold the extraordinary safeguard of soldiers resorted to, no doubt for the preservation of peace and order; when I catch, as I cannot but do, the throb of public anxiety, which beats from one end to the other of this hall; when I reflect on what may be the fate of a man of the most beloved personal character, of one of the most respected families of our country, himself the only individual of that family, I may almost say of that country, who can look to that possible fate with unconcern. Feeling, as I do, all these impres

sions, it is in the honest simplicity of my heart I speak, when I say, that I never rose in a court of justice with so much embarrassment as upon this occasion.*

If, gentlemen, I could entertain a hope of finding refuge for the disconcertion of my mind, in the perfect composure of yours; if I could suppose that those awful vicissitudes of human events, which have been stated or alluded to, could leave your judgments undisturbed, and your hearts at ease, I know I should form a most erroneous opinion of your character: I entertain no such chimerical hopes; I form no such unworthy opinions; I expect not that your hearts can be more at ease than my own; I have no right to expect it; but I have a right to call upon you, in the name of your country, in the name of the living God, of whose eternal justice you are now administering that portion which dwells with us on this side of the grave, to discharge your breasts, as far as you are able, of every bias of prejudice or passion, that if my client is guilty of the offence charged upon him, you may give tranquillity to the public by a firm verdict of conviction; or, if he is innocent, by as firm a verdict of acquittal; and that you will do this in defiance of the paltry artifices and senseless clamours that have been resorted to,

*Mr. Rowan is justly entitled to the character of a gentleman, a cha racter often assumed, but often misunderstood. Having received a liberal education, he passed a considerable time in Paris, where he associated with the most polished circles of that celebrated capital; and he afterwards served several years as an officer in the British army. To an ample fortune, a commanding figure, a marking countenance, and elegant accomplishments, were added a courage and generosity that would have distinguished him even in the times of chivalry. Soon after his return to his native country, he rescued an innocent young woman from the snares of that hoary lecher Lord This generous action, which was accompanied with some personal risk, brought Mr. Rowan into public notice and deserved popularity— but he soon found, that relieving distressed damsels was not the way to recommend himself to the favour of the rulers of the nation-his exertions in another cause were unsuccessful; and his fair fortunes, and well-founded expectations, were shipwrecked in the tempestuous and destructive ocean of Irish politics.

in order to bring him to his trial with anticipated conviction. And, gentlemen, I feel an additional necessity of thus conju ring you to be upon your guard, from the able and imposing statement which you have just heard on the part of the prosecution. I know well the virtues and talents of the excellent person who conducts the prosecution; I know how much he would disdain to impose upon you by the trappings of office; but I also know how easily we mistake the lodgment which character and eloquence can make upon our feelings, for those impressions that reason, and fact, and proof, only ought to work upon our understandings.

Perhaps, gentlemen, I shall act not unwisely in waving any further observation of this sort, and giving your minds an opportunity of growing cool and resuming themselves, by coming to a calm and uncoloured statement of mere facts, premising only to you, that I have it in the strictest injunction from my client, to defend him upon facts and evidence only, and to avail myself of no technical artifice or subtilty that could withdraw his cause from the test of that inquiry, which it is your province to exercise, and to which only he wishes to be indebted for an acquittal.

In the month of December, 1792, Mr. Rowan was arrested on an information, charging him with the offence for which he is now on his trial. He was taken before an honourable personage now on that bench, and admitted to bail.

He remained a considerable time in this city, soliciting the threatened prosecution, and offering himself to a fair trial by a jury of his country; but it was not then thought fit to yield to that solicitation; nor has it now been thought proper to prosecute him in the ordinary way, by sending up a bill of ihdictment to a grand jury. I do not mean by this to say, that informations ex officio are always oppressive or unjust, but I cannot but observe to you, that when a petty jury is called upon to try a charge not previously found by the grand inquest, and supported by the naked assertion only of the king's prosecutor, that the accusation labours under a weakness of