246 
to America, adding, that I wished to set off 
the next day, in order to sail in a ship then 
in the harbour of Dablin; and this determi- 
nation I would, in all probability, have since 
put in execution, but that I considered it 
might have given frecr sanction to the calum- 
nies so industriously raised against me. ‘This 
‘consideration has de*ained me in Ireland,. as 
here I was the better enabled to vindicate 
my honour, and this, indeed, my persecu- 
tors have completely effected, quite in con- 
tradiction to their ivclinations and wishes. 
The immediate consideration of the com- 
mittee was, in consequence of premeditation, 
to send back the gentleman, who brought 
me the note and took my answer, to arrest 
me. This he did at my jodgings, where I 
was publicly known to be since the insur- 
rection, and two yeomen were there placed 
asa guard over me. This whole conduct, 
from several circumstances of which I have 
since come to the knowledge, was certainly 
preconcerted. Had I been sent to gaol, it 
would have been productive of a trial by 
court-martial,and this was a benefit which they 
did not wish to allow me, as they were well 
aware of the sentiments of the officers, whom 
I would have summoned hack to Wexford ; 
besides, some individuals among them were 
most ungratefully induced to forward the 
vile proceedings against me, as they were 
apprehensive I might call on them as wit- 
nesses, when their loyalty may have been 
called in question, were they to do justice to 
my conduct ; and it may also have been ma- 
nifested, that whatever honour some of them 
now possess, is owing to their taking my 
advice in preference to their own; as, if they 
escaped piking on the one side, they may 
have been hanged on the other, and wit 
much more justice than several who have 
forfeited their lives on the occasion. To 
transport me without further enquiry, was 
therefore considered more adviseable. Se- 
veral, who had been tried and sentenced to 
transportation, »were taken on the 3d of July 
from the gaol, and put on board a sloop 
which had been twice condemned during 
the insurrection, and which had sunk within 
a foot of her deck, and was only pumped 
out that morning. _Afterward a guard was 
sent to my lodgings, and J was marched 
down to the custom-house-quay, in the most 
conspicuous manner, and put on board this 
horrid hulk, without any trial or further in- 
vestigation!!! . z 
«« In consequence of the opinion of a most 
eminent physician in Dublin, that it would 
be more humane to order me to be shot, than 
to leave me in such a situation, being made 
known to general Lake, through. general 
(now sir John) Craddock, he sent down 
orders to enquire more particularly into the 
state of my case; and general Hunter ac- 
cordingly sent doctor Jacob to visit me. 
The resuit was, that afier five weeks con- 
finement, in such a mansion of wretchedness, 
I was removed to the gaol; but my iicalih 
HISTORY, POLITICS, AND STATISTICS. 
had become so impaired, that I much fear it 
may never be perfectly re-established. - 
«* At last my long-wished-for trial came 
forward, on Thursday the 27th of July, and 
although I was advised that I mighi have 
availed myself of the defectiveness of che 
indictment in point of form, and although 
I might also have protected myself by the 
amnesty act, if necessary, yet I disdained to 
adopt such subterfuges, and declared myself 
ready to meet the whole of the charges against 
me. ‘Two only, out of the four witnesses, 
named to me, were brought forward; but 
their cross-examination completely did away 
any thing injurious that could be inferred 
from their direct testimony. One of these 
was William Carty, the informer, who after- 
ward pleaded guilty to an indictment for 
murder, was condemned to death, which 
sentence, in consideration of his services, 
was commuted for transportation to Botany- 
-bay; and although half what he had sworn 
was false, and invented to criminate me, yet 
in the event it turned out so much to my 
honour, that my counsel thought it not 
necessary to impeach his credit, which I 
was well prepared to do, he being the prin- 
cipal evidence for the crown. Although it 
be obvious to infer, that furnishing me with 
alist of the witnesses, was a palpable con- 
sent to produce no others against me but: 
those named therein, yet, on the disappoint- 
ment of the failure in the evidence of the 
two first, other witnesses, not named in the 
list, with which I was furnished, were pro- 
duced; and the most material of them was 
sworn of the jury then trying me: and to 
him I certainly would have objected, had I 
not been thrown off my guard by the trick 
practised for that purpose. I was therefore 
totally unprepared to rebut or explain any 
evidence he might offer, as, on receiving the 
list, I had sent off witnesses whose testimony 
would have particularly borne upon any 
thing he could allege. I must however ex- 
cuse counsellor O"Driscol, the leading coun- 
sel for the crown, from having any concera 
in this vile transaction, as he most honour- 
ably declared, that he was astonished £ had 
not been furnished with this man’s name, as 
the purport of his evidence was set forth in 
his brief, which he held up and pointed to ; 
however, he said duty obliged him to insist 
upon his being examined, for that although 
it was the privilege of prisoners accused of 
high treason in Haglan that no other wit- 
nesses but those named in the lists furnished, 
_should be produced against them, yet the 
law did not entitle them to such an indal- 
gence in Ireland. Notwithstanding all these’ 
disadvantages, I was honourably acquitted. 
Baron Smith declared in his charge, that I 
had undergone the most virulent pee 
that my loyalty was unimpeachable, and t 
if the-jury attempted to find me guilty, as 
some juries had acted contrary to law and 
justjce at those assizes in Wexford, I might 
take advantage of the amnesty bill, by mov- 
ee 
