foner, wished to be allowed fome little reft before he entered upon the defence.

On Thursday, May 10, the court fat at eight. The chief juftice Eyre and the recorder confulted for a few minutes, when it was ordered, that the trials of the three other perfons, indicted for treason, should be adjourned to Thursday next. Mr. Crofsfield came to the bar, and was indulged, as on the firft day, with a chair.

Mr. Adam then entered upon the prifoner's defence. He first of all called fome witneffes to prove that Upton was a very bad character, and was actuated by motives of refentment against the parties implicated in this charge. Then reviewing the evidence that had been adduced against the prifoner, he called witneffes to contradict the confeffional part, which was depofed by Le Briton and Dennis. He called William Cleveling, who was going out as agent to the Canaries, and was a prifoner with Mr. Crofsfield in Bieft harbour; Imeffed with him for months; he never heard him make any declarations refpecting attacking the king. He was always known by his real name, Crofsfield. He never heard him mention any plot against the king. The prifoner was of a turn of mind inclining to nirth, and frequently fung jolly fongs. Upon cross-examination, the witnefs had twice heard him fing republican fongs.

He next called capt. Anthony Collins, who fwore, that he Crofs field, when a prifoner in Breft water, was invited to go on board the veffels that had the fick people; that he behaved very well; and, by his fkill and application, he had faved, at leaft, fifty or fixty lives. He meffed with the prifoner many

months; and during that time, he never heard him fpeak any difrespectful words of the king, or any confeffion refpecting a plot to de ftroy his fovereign; on the contrary, he feemed to be much pleased when he was certain of returning to England in the cartel. The pri foner had also refused a very advantageous offer to be inspectorgeneral of the hofpital-prifons at Breft, but had declined it. Upon crofs-examination, he acknowledg ed, that there was a levity about him that might give caufe of fufpicion.

Several refpectable witnesses were called, who gave the prifoner an excellent character for humanity and kindness.

Mr. Gurney made an excellent and moft energetic fpeech, in which he fummed up the evidence.

The lord chief juftice. Mr. Crofsfield, you have been heard by your counfel very fully; but you are allowed the right of being heard yourfelf: now is your time, and the court will liften to you with atten tion.'-The prifoner replied, My lord, I have only one circumftance to add, that from my inmoft soul I have ever detefted any acts of cruelty, much lefs premeditated affaffination of my fovereign.-I am fully fatisfied with the great exertions of my counfel, and rely upon your lordship's candid confideration of my cafe, and the honour and juftice of an English jury.'

The attorney-general then took a review of the whole of the evidence, and the arguments which had been ufed by the prifoner's counfel, and obferved, that he had full conviction in his own mind, he was entitled to a verdict of guilty; but, if the jury felt otherwife, he fhould be fully fatisfied that the prifoner ought to be acquitted.

The lord chief justice Eyre fum

med

Of

the English Government." this pamphlet the defendant was charged to be the author and publither.

The attorney-general opened the cafe on the part of the crown. He faid, that he was not forry that it had fallen to his lot to conduct the prefent profecution, becaufe, in the difcharge of his duty, he had lately had occafion to inftitute a great number of profecutions for libels on the government and conftitution of a very different nature from the prefent. He then took a general view of the principles of the British conftitution, as eftablished at the revolution, and quoted the bill of rights to prove, that James intended to overturn the proteftant religion, and that he had been justly excluded from the crown of England. He cited, from the pamphlet in question, the ftrongeft and moft exceptionable paffages, on which he commented with great learning and ability. The moft important paffage, to which he called the ferious attention of the jury was, that in which it is faid, "that the king can carry on the functions of government without the lords and commons; that the monarch is the ancient stock, and that if the lords and commons were lopped off, the trunk would ftill remain." He then went into a long argument, to prove the juftice and legality of the revolution in 1668, and the wisdom and excellence of the prefent conftitution, which, he contended, the defendant had libelled in the pamphlet in queftion. He concluded by requefting, that the jury would attentively perufe the whole pamphlet, and form their Judgment on a fair examination of it, whether it was merely an unadvised and erroneous publication, or written with an evil intent, to libel

and vilify the conftitution and the two houfes of parliament. If they believed the defendant intended to libel the conftitution, they were bound to find him guilty; if not, they would find him not guilty.

The pamphlet was then read throughout, and proved to have been published by the defendant, which, indeed, his counsel admitted.

Mr. Plomer addressed the jury in behalf of the defendant, whom he reprefented as one of the most zealous friends of the British conftitution, and the last man in the world who would intentionally libel either branches of it. He concluded, by entreating the jury, to confider with what intention the pamphlet was written. It was a mere question of libel, or no libel. It was for the jury to judge of the quo animo; and the refult of their judgment, he felt a perfuafion, would be a verdict of -Not guilty.

Lord Kenyon recommended to the jury to take the pamphlet and record out of court with them, to compare one with the other, and form their judgment-Whether the conftruction put upon the pamphlet in the record was the true one, namely, that it was a wilful and malicious libel?

The jury withdrew for about an hour, and, on their return, the foreman thus addreffed the judge: "My lord, we think this pamphlet a very improper publication; but not being convinced that it was written with a libellous intention, we, therefore, fay-Not guilty.

20. Yefterday, Higgins, Smith, and Le Maitre, were brought to the bar at the Old Bailey, charged with being concerned with Crofsfield in a plot to affaffinate his ma jefty by means of a poifoned arrow. The jury being called over,

the

the attorney-general faid, that Crofsfield having been acquitted, he did not mean to follow up the proceedings against the men now at the bar. The death of Upton, the principal witnefs, had occafioned a deficiency of that evidence which was neceffary in cafes of high treafon. He had every reafon to believe that Upton was dead; but fhould the fact be otherwife, he would certainly take measures to bring to condign punishment the perfons who had deceived him in that particular. The jury found the prifoners not guilty. After an attempt to addrefs the court, in which they were not allowed to proceed, they were discharged from the bar. See p. (26).

28. An examination took place yesterday, at the public office in Great Marlborough-street, refpecting the fudden and unfortunate death of lord Charles Townshend, who had the very day before been returned member for Yarmouth in Norfolk, and was returning thence with his brother lord Frederick Townfhend, in their own chariot with four poft-horses. The last ftage was from Ilford. One of the poftillions depofed, that he was ordered to drive to Hanover-fquares by a gentleman in the carriage, dreffed in black (lord Frederick Townfhend), he faw no other gentleman in the carriage; and was pofitive that there was no other on the feat, because if there had been, he must have seen him. The gentleman in black paid the Stratford turnpike. They then drove on, and he heard no noise whatsoever, until they came near the Globe, at Mile-end, when he heard the report of a pistol in the carriage, and turning about, faw lord Frederick throw the piftol out of the window into the road; he ftill drove 1796.

on, and he faw lord Frederick wave his hat, and heard him hollao feveral times, and make a great deal of noife. When they arrived at the corner of Argyle-ftreet, in Oxfordstreet, he alighted to ask the gentleman where he was to drive him to? who faid to the bishop of Norwich's; but upon faying that he did not know where the bishop lived, the gentleman came out of the chariot, and ftruck him over the face, and fwore he'd knock him down. Lord Frederick walked a bout without attempting to make off, and ftripped off his coat, waistcoat, and fhirt; opened the knees of his breeches, and talked of fighting. He (the deponent) then went to the door of the carriage, and faw a dead man lying on the cushion. The people then came up, furrounded lord Frederick, and took him to the watch-house.

This evidence was confirmed by the other driver. Sir Edward Layton, mayor of Yarmouth, gave feveral strong inftances to prove infanity in both lord Frederick and his brother lord Charles. Their behaviour to each other, at Yar mouth, evinced every mark of mutual affection; but their conduct was fuch, that their friends wifhed to get them out of Yarmouth as foon as poffible; and he himself had followed them to London in the mail coach, in order to inform the marquis, their father, of their fituation.

Lord Frederick's fervant depofed, that his master had been confined for infanity two years ago, and that from his behaviour at Yar mouth he was apprehenfive another fit was coming on. It appeared, from the obfervations of Mr. Kerrifon, apprentice to Mr. Barnham, chymitt, No. 330, in Oxford-street (to whofe houfe the deceafed was conveyed) that the piftol must have (C)

been

Been put into the mouth, as the teeth were not injured; but he could not fay whether it was fuicide, or death by the hand of another he thought the deceased had been dead two hours.

An examination again took place, at a quarter paft ten in the evening, before the coroner's inquest, which lafted till within a quarter of twelve, when they brought in their verdict, "Death, occafioned by a piftol fhot, but by whofe hands they could not tell."

28. At the admiralty feffions at the Old Bailey, William and John Mitchell were brought to the bar, under an indictment for murder, committed on the high feas, upon the body of Colin, alias Ezekiel Franklin., The circumftances of this cafe, as ftated by the counfel for the profecution, were marked with the greatest enormity. The prifoners were owner and mafter of the veffel John and Elizabeth of 36 tons burden. This veffel was lying at Jersey in December laft, when the Somerfet fencibles were difcharged. The quarter-matter of that regiment agreed with the owner of the véffel to convey 120 of the foldiers' to England, and to fupply them with water. When the veffel left Jerfey, he had only two hogfheads of water on board. In the paffage between Jerfey and Guernsey, the paffengers were in great want of water, and in answer to their complaints, the mafter af. fured them that they fhould get a plentiful fupply at Guernsey, which they reached on the fame day that they fet fail. The mafter would not permit any of them to go on fhore that evening. Next morning he gave them liberty, but had it not been for the fupply they received from fome veifels lying along fide

.

of them, they would have been parched to death during the night. They left Guernsey with a very inadequate fupply, and on their pasfage to England were overtaken by a ftorm. When the gale fprang up, the captain and mafter forced the whole 120 passengers into the hold, and nailed down the batchway. While they were about this operation, one of the prifoners thinking that Colin Franklin was not making hafte enough, beat him violently, and thruft him down headlong, by which means he was feverely bruifed. In this fmall hold, thefe 120 people remained all night without any communication either of air or water, though they were conftantly calling out to the captain for God's fake to bring them fome relief. In this horrible ftate many of them became delirious, and beat, bruifed, and stabbed one another. When the storm abated, the hatchway was opened, and no lefs than 57 perfons were found dead, among whom was Colin, alias Ezekiel Franklin, who feemed to have fuffered fome very fevere contufions, charged to have been given by the owner and mafter of the veffel.

The principal facts were proved; but it appeared from the evidence that the prifoners were neceffitated by the ftorm to fhut up the pasfengers in the hold, and it did not appear whether Franklin had died in confequence of the confinement, or the blows given him by his companions, or of the rough ufage he received from the owner and master of the vessel.

The court delivered a charge favourable to the prifoners, and the jury brought in a verdict-Not guilty.

JUNE