114) 
municated the correspondence . of 
‘his brother, not only, to friends, 
but to strangers ;——a circumstance 
totally incompatible with that 
ae with which he was charged. 
He also called very: ,respectable 
evidence, that so far from his har- 
bouring treason to the country, he, 
on the reverse, was loyal to his 
king, and a firm friend to the con- 
Stitution, Several persons were then 
called, all of whom gave evidence 
to the prisoner’s good character, 
and some to the circumstance of 
the publicity used relative to his 
correspondence with his brother. 
~ Mr, Erskine then addressed the 
jury considerably at length on the 
whole of the case; as did also the 
solicitor-general in reply, on behalf 
of the crown; but our limits will 
not allow us to lay them before 
our readers, 
Lord Kenyon summed up the 
evidence. He was for tempering 
justice with mercy; but this maxim 
could not sanction the court in suf- 
fering @ criminal to escape, if it 
were proved that be had grossiy 
offended the law. He rested whol- 
ly on the second count, which 
stated an adhering to the enemies 
of the crown. He quoted the 
opinion of the late Lord Mansfield, 
that letters sent to q power at war, 
instructing them how to shape 
their efforts, came under this branch 
of the statutes, and are an overt 
act of high treason. His lordship 
read to the jury what he called 
the two empbatically important 
papers ; the letters of Mr. Smith 
and Mr, Vaughan. There was no 
criminality, he admitted, in either 
of those letters ; the only guilt was 
in transmitting them. to the enemy. 
His lordship, Went ever the whole 
witbsremarks, and concluded a 
strong and warm charge, by put- 
ANNUAL REGISTER, 1796. 
ting:those papers into the bands of 
the jury, leaving it to them to 
judge of the intention of the pri+ 
soner from the overt aéts. 
Mr. justice Lawrence remarked, 
it was for the consideration of the 
jury, whether the information sent 
through Jackson to France, bad for 
its object a design of serving the 
French, or averting an invasion. 
About eight o’clock the jury 
took some refreshment, and then 
retired to consider of their verdict. 
The judges, except Mr. justice 
Ashburst, who retired, took some 
refreshment on the bench, where 
they remained till eleven o’clock ; 
when the jury returned, bringing in 
the prisoner——NOT GUILTY. 
The words were scarcely pro- 
nounced, when an instantaneous 
and unanimous shout arose in the 
court, which was loudly joined by 
a numerous crowd in the haif. A 
gentleman, named Richard Thom- 
son, was observed to have joined 
in the shout, and was immediately 
ordered by his lordship into the ~ 
custody of Mr. Kirby. Mr. Thom- 
son apologised to the court, by say~ 
ing, that his feelings on the joytul 
occasion were such, that if he had — 
not given utterance to the joy — 
which arose within his breast, he 
sbould have died on the spot. 
Lord Kenyon replied, that it was 
his duty to suppress the emotions 
of such tumultuous joy, which 
drew contempt on the dignity of 
the court. His lordship ordered 
that he should pay a fine of 201. for 
his misconduét, and remain in cus-— 
tody ull payment. 
Myr. Thomson tendered his check 
for the sum, but this was refused, 
and be was taken into custody. 
The crowd without caught the 
spirit of those within ; and»the ball, 
as the judges retired, was filled with 
acelamations of joy. A des 
