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 Copestreet, (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 deniedhe 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 1507-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 conjuring 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 indictment 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

probability which it is difficult to assist. If the charge had no cause of dreading the light-if it was likely to find the sanction of a grand jury, it is not easy to account why it deserted the more usual, the more popular, and the more constitutional mode, and preferred to come forward in the ungracious form of ex officio information.

If such bill had been sent up and found, Mr. Rowan would have been tried at the next commission; but a speedy trial was not the wish of his prosecutors. An information was filed, and when he expected to be tried upon it, an error, it seems, was discovered in the record. Mr. Rowan offered to wave it, or consent to any amendment desired. No-that proposal could not be accepted-a trial must be followed. That information, therefore, was withdrawn, and a new one filed; that is, in fact, a third prosecution was instituted upon the same charge. This last was filed on the 8th day of last July. Gentlemen, these facts cannot fail of a due impression upon you. You will find a material part of your inquiry must be, whether Mr. Rowan is pursued as a criminal, or hunted down as a victim. It is not, therefore, by insinuation or circuity, but it is boldly and directly that I assert, that oppression has been intended and practised upon him, and by those facts which I have stated I am warranted in the assertion.

His demand, his entreaty to be tried was refused, and why? a hue and cry was to be raised against him; the sword was to be suspended over his head; some time was necessary for the public mind to become heated, by the circulation of artful elamours of anarchy and rebelion-those same clamours, which, with more probability, and not more success, had been circulated before through England and Scotland. In this country, the causes and the swiftness of their progress were as obvious as their folly has since become to every man of the smallest observation. I have been stopped myself, with,. "Good God, Sir, have you heard the news? No, Sir; what? Why, a French emissary was seen travelling through Connaught in a post-chaise, and scattering from the windows, as