| 1799. | 

: my, 
give information to the French govern- 
ment, in what quarter they might be 
moft likely to fucceed in a projefted 
invafion of his majefty’s dominions. 
John Harford Stone was refident in 
Paris; Jackfon had come over to Eng- 
land, employed, as was ftated by the 
attorney-general, to pave the way for 
the invafion, and to examine whether 
England or Ireland was the moft vulne- 
rable place of attack—He was intro- 
duced to W. Stone, by a letter from his 
brother, J. H. Stone, for the purpofe, 
as was contended on the part of the pro- 
fecution, of forwarding this fcheme of 
invafion ; on the part of the prifoner, it 
was contended,* that whatever might 
have been the intention of Jackfon and 
J. H. Stone, it was never communicated 
to W. stone; that the letters by which 
Jackfon was introduced to him, related 
merely toa fcheme of illicit commerce, 
from which great private emolument was 
expected; that this was the oftenfible 
objeé& held out by Jackfon to William 
Stone, who had no fufpicion of Jackfon 
having any treafonable purpofe in view ; 
and that Jackfon not meeting with that 
encouragement which he expeéted from 
William Stone, and not being feconded 
by him even in his fcheme of illicit 
commerce, went over to Ireland, where 
he expected better fuccefs.—From the 
letters of J. H. Stone to W. Stone, it 
appeared, that the former had frequently 
fuggefted to the latter, the probability of 
an invafion of this country from France ; 
two papers, drawn up by different per- 
fons, with whom W. Stone had had 
communication on the fubjeét, were pro- 
duced by the attorney-general, as a proof 
of Mr. Stone’s treafonable purpofe.— 
- 'Thefe papers contained a defcription of 
the {tate of the country, and arguments 
to fhow the improbability of an invafion 
fucceeding here.—On the :xtention with 
- which they were procured by Mr. Stone, 
depended the queftion of his guilt or 
innocence—On his part, it was aflerted, 
that his only intention in procuring 
them, was to make fuch ufe of them, 
as might avert from his country the 
dreadful calamities which muft neceffa- 
rily attend an invafion of it by an ene. 
whether that invafion fhould or 
thould not fucceed ; and that they had no 
reference, at leaft in the mind of Mr. 
Stone, to the treafonable defigns of Jack- 
fon.—The attorney-general infiited that 
the-only ufe Mr. Stone intended to make 
ef them, was to divert the attention of 
Montuiy Mae. No. I. . 
Las Cafes. 
55 
the French government from this coun- 
try, where he thought there was no 
probability of their fuccefs, and to direct 
it to Ireland, where they might Have 
better hopes: to prove this to have been 
Mr. Stone’s intention, and to conneét him 
with Mr. Jackfon, the attorney-general 
produced two letters from Jackfon, ad- 
drefied to perfons at Hamburgh and 
Amfterdam; one of which contained a 
tranicript of one of the papers which. 
had been procured by Mr. Stone, in 
England, and the other afforded no in- 
ternal evidence of having a reference to 
any communication between Stone and 
Jackfon.—Other collateral circumftances 
Were given in evidence, from which it 
was contended, the jury ought to con- 
clude that Stone was privy to Jackfon’s 
defigns, which, it was not denied by the 
coun{el for Mr. Stone, were of a trea- 
fonable nature.—The trial lafted two 
days, and the jury having withdrawn, 
returned, in about three houzs, a verdict 
of acquittal. 
In this cafe, two points of evidence 
were ruled, 1ft,-That the letter of Jack- 
fon to the perfon at Amfterdam or Ham- 
burgh, which afforded no internal evi- 
dence of having a reference to a coms 
munication between Stone and Jackfon, 
was neverthelefs admuffible on this trial, 
to fhow the defigns of Jackfon, which, 
it was decided, were evidence againft 
Stone, if the confpiracy between them 
were fatisfa€torily made out.—2dly, A 
letter in the hand-writing of a clerk of 
Mr. Stone, addrefled to Jackfon, was 
found among Jack{on’s papers, and pur- 
ported to have been written by Mr. 
Stone’s direétion—this was rejeéted on 
the ground, that Mr. Stone’s clerk was 
not produced, to prove that it had been 
fo written. 
STANDING Mote. Peie forte © dure, 
A cafe feldom occurs of a perfon ftand- 
ing mute, on his being arraigned for g 
crime.~ Such a cafe, however, has 
lately happened; at the laft January 
feffions at the Old Bailey, a boy, deaf 
and dumb, was indicted for ftealing a 
watch, of the value of one guinea. A 
prifoner is faid to ftand mute, when being 
arraigned for treafon or felony, ift, He 
makes no anfwer at all; 2dly, Anfwers 
foreign to the purpofe, and will not an- 
{wer otherwife ; or, 3dly, Upon having 
pleaded Not guilty, refufes to put him- 
felf upon the country. If he fay no- 
thing, the courfe is as it always was, 
for the court to impannel a jury, to en- 
quire 
