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- A. I have answered it already. . Lord Kenyon. If you do not answer it, to be sure we must draw the natural inference.
Mr. Sheridan. I have no doubt that they wished he might escape; but from any thing I saw them do, I have no right to conclude that they did.
Mr. Law. I will have an answer; I ask you again, whether from their conduct, as it fell under your observation, you do not believe they meant to favour the escape of O'Connor.
A. If the learned gentleman thinks he can entrap me, he will find himself mistaken.
Mr. Erskine. It is hardly a legal question.
Mr. Law. I will repeat the question—whether from their conduct, as it fell under your observation, you do not believe they meant to favour the escape of O'Connor?
A. My belief is, that they wished him to escape ; but, from any thing I saw of their conduct upon that occasion, I am not justified in saying so.
Q. I will ask you, whether it was not previously intended that he should escape, if possible ?
A. Certainly the contrary.
Q. Nor had you any intimation that it was intended to be attempted ?
A. Certainly the contrary. There was a loose rumour of another warrant, and that it was meant that he should be arrested again, which was afterwards contradicted. Then the question was mooted, whether the writ could be issued before he was dismissed from custody. Certainly there was no idea of a rescue. There was no friend of Mr. O'Connor's, I believe, but saw with regret any attempt on his part to leave the court.
Re-examined by Mr. Erskine. You were asked by Mr. Law, whether you believed that the defendants wished or meant to favour the escape of Mr. O'Connor. I ask you, after what you have sworn, whether you believe these gentlemen did any act to rescue Mr. O'Connor ?
A. Certainly not; and I have stated upon my oath, that every man in the narrow gateway endeavoured to stop him ; I remarked it particularly; because, there being a common feeling among Englishmen, and he being acquitted, I thought they might form a plan to let him escape.
Q. You have stated that you saw no one act done or committed by any one of the defendants, indicative of an intention to aid Mr. O'Connor's escape.
Q. I ask you, whether you believe they did take any part in rescuing Mr. O'Connor ? A. Certainly not.
NECESSITY. Dr. De la Cour, of Cork, having one day to reprove a counsel, rather unlearned in the law, told him he was a counsellor of necessity. “Necessity !”-exclaimed the briefless barrister, “ what do you mean by that ?" « Why," replied the doctor, “ you know necessity has no law”
IRISH EVIDENCE. At a late assize in Limerick, a boy was brought forward as a witness for the prosecution in a case of murder. He appeared so young and so ignorant, that the Judge, (Solicitor General Bushe,) thought it necessary to examine him as to his qualifications for a witness, when the following dialogue took place :
Q. Do you know, my lad, the nature of an oath?
Q. Do you mean to say that you do not know what an oath is?
A. I met him on the mountain one day, and he bid me hold his horse, and be to me. Judge. Go down: you are not fit to be sworn.
(To be Resumed.)
Væ qui justificatis impium pro muneribus, et justitiam justi aufertis
ab eo. Isaiah 5.
He is disposing of his indulgencies to a rich offender, who brings with him a chest of money. Death snatches off the cardinal's hat.
MEMOIR OF EDWARD LORD HERBERT, OF CHERBURY.
(Resumed from page 352.)
Coming back from Tours to Paris, I gave the best order I could concerning the expences of my house, family, and stable, that I might settle all things as near as was possible in a certain course, allowing according to the manner of France, so many pounds of beef, mutton, veal, and pork, and so much also in turkeys, capons, pheasants, partridges, VOL. II.]
and all other fowls, as also pies and tarts after the French manner, and after all this, a dozen dishes of sweet-meats every meal constantly: The ordering of these things was the heavier to me, that my wife flatly refused to come over into France, as being now entered into a dropsie, which also had kept her without children for many years: I was constrained therefore to make use of a steward who was understanding and diligent, but no very honest man: My chief secretary was William Boswell, now the King's agent in the LowCountreys: My Secretary for the French tongue was one, Monsieur Ozier, who afterwards was the King's agent in France. The gentleman of my horse was Monsieur de Meny, who afterwards commanded a thousand horse in the wars of Germany, and proved a very gallant gentleman: Mr. Crofts was one of my principal gentlemen, and afterwards made the King's cup-bearer; and Thomas Caage that excellent wit, the King's carver : Edmund Taverner, whom I made my under Secretary, was afterwards chief Secretary to the Lord Chamberlain; and one Mr. Smith, Secretary to the Earl of Northumberland ; I nominate these, and could many more, that came to very good fortunes afterwards, because I may verifie that which I said before, concerning the gentlemen that attended me..
When I came to Paris, the English and French were in very ill intelligence with each other, insomuch that one Buckly coming then to me, said he was assaulted and hurt upon Pontneuf, only because he was an Englishman: Nevertheless after I had been in Paris about a month, all the English were so welcome thither, that no other nation was so acceptable amongst them, insomuch that my gentlemen having a quarrel with some debauched French, who in their drunkenness quarrelled with them, divers principall gentlemen of that nation offered themselves to assist my people with their swords.
It happened one day that my cozen Oliver Herbert and George Radney, being gentlemen who attended me, and Henry Whittingham my butler, had a quarrel with some French, upon I know not what frivolous occasion : it happened my cozen Oliver Herbert bad for his opposite a fencer, belonging to the Prince of Condè, who was dangerously hurt by him in divers places; but as the house or hostel of the Prince of Condè was not far off, and himself well-beloved
. 359 in those quarters, the French in great multitudes arising, drove away the three above mentioned into my house, pur. suing them within the gates; I perceiving this at a window, ran out with my sword, which the people no sooner saw, but they fled again as fast as ever they entered ; howsoever the Prince of Condè his fencer was in that danger of his life, that Oliver Herbert was forced to fly France, which that he might do the better, I paid the said fencer 200 crowns, or 60 pounds sterling, for his hurt and cures.
The plague now being hot in Paris, I desired the Duke of Montmorency to lend me the Castle of Merlou, where I lived in the time of his most noble father, which he willingly granted. Removing thither, I enjoyed that sweet place and countrey, wherein I found not a few that welcomed me out of their ancient acquaintance.
On the one side of me was the Baron de Montaterre of the reformed religion, and Monsieur de Bouteville on the other, who, though young at that time, proved afterwards to be that brave cavalier which all France did so much celebrate : In both their castles likewise were ladies of much beauty and discretion, and particularly a sister of Bouteville, thought to be one of the chief perfections of the time, whose com pany yielded some divertisement, when my public occasions did suffer it.
Winter being now come, I returned to my house in Paris, and prepared for renewing the oath of allegiance betwixt the two crowns, for which as I said formerly I had an extraor. dinary commission; nevertheless the King put off the business to as long a time as he well could. In the mean while Prince Henry of Nassau, brother to Prince Maurice, coming to Paris, was met and much welcomed by me, as being obliged to him, no less than to his brother in the Low-Countreys. This Prince and all his train were feasted by me at Paris with an hundred dishes, costing as I remember, in all 1001.
The French King at last resolving upon a day for perform, ing the ceremony, betwixt the two crowns above mentioned, myself and all my train put ourselves into that sumptuous equipage that I remember it cost me one way or another above 1000l. And truly the magnificence of it was such, as a little French book was presently printed thereof: This being done, I resided here in the quality of an ordinary Ambassador.