Was Spink with you at that time?-Spink John Twiss cross-examined by Mr. Topping. was in my house, we came from Welch's; Spink came into my house, he desired Spink likewise to go along with him. Did you ever give him any money, or make him any promises, to induce him to say any thing upon the subject?-Never a farthing in my days, but otherwise-I told him I would not, I never gave him a halfpenny in my life; I lent him thirteen shillings at different times -part of the money before I knew any thing about Mr. Walker's affair, that was on the 20th of October last, on a Sunday night; I lent it to him and Sidebottom, and they went and spent it; it was on a Sunday night. After that time, did you ever lend him any thing?-I lent him nine shillings since. When was the last time you lent him any money? The last time was the 21st of March. How long before the 18th of March, had you lent him money?-I had never lent him a halfpenny, but four shillings. Had you lent him any thing between the 20th of October, and the 18th of March? Not a halfpenny, nor never promised him any thing. You did not go with him to Barlow that night?-No-Dunn proposed to Esther Ottey, to go and see if Mr. Walker was at homeI was not taking every notice in the world. I think she said, I saw Mr. Walker in the town to-day, had not somebody better go and see if he is in Manchester; he desired her to go, she went, when she came back the information, to the best of my knowledge was, she said Mr. Walker is gone out to supper, and it will be late before he returns. Upon this Dunn was determined he would see him he said before he slept; he sent her a second time to go to Mr. Richard Walker, and John Spink and she went to the best of my knowledge; they returned back, and told him Mr. Richard Walker was at home, and Spink and me might bring him up; we went and brought him up, and left him at the door. Was all this done entirely upon his own solicitation, and at his own request?-Upon my oath it was at his own request, not one word of interrogation. Had you ever any sort of conversation with Mr. Thomas Walker?-I never spoke to Mr. Thomas Walker since he was born, but at one time; there was a fire at a new building at the bottom of Bridge-street. I did not see a constable, or any one assisting but myself. The gentlemen were beating up for the marine corps. Mr. Thomas Walker and Mr. Richard Walker came up, and a brutish kind of a man knock'd another man down in the sludge. Mr. Thomas Walker said to me, "do you know that man?" "I do not, sir." That is every word I ever changed with Mr. Thomas Walker in my life. Mr. Erskine to Dunn.-What do you say to this now? Thomas Dunn.—I say it is false, every word of it. i You are I believe a fustian-cutter of Mr. Walker's?-By business I am. How long have you worked for Mr. Walker?-I worked for Mr. Walker--that is I work for Esther Ottey, and she has had work from that house for about six years. You was saying something about the ninth of January?—I have not told you aught about it yet. Were you with Dunn upon the ninth of January?—I was. Where? At the White Bear opposite the Infirmary; from thence we took a walk to Pendleton Pole. You were with him upon the ninth of January ?-Yes, and the eighth likewise. Had you been drinking with him at both these public-houses?-On the eighth I drank share of a pint of porter, and left him How came you to be seeking his company, upon the eighth and ninth?-He fell into my company on the eighth; I had been at Liver pool, and delivered a message from Luke Foster, and that was the reason I saw him, Upon the 20th of October, or thereabouts, you had lent this man some money?-Four shillings. Had you any manner of knowledge of Dunn ?-Seeing him last assizes. And yet, upon the 20th of October, you lent him money?-Yes, I did; I have lent many a four shillings to different people. Having no knowledge of him, but what you had at the last assizes here, you lent him four shillings upon the 20th of October?-Peter Sidebottom was in company with me. You say you were at Liverpool; did not Dunn go from Manchester to Liverpool with you?-Not with me. You went after him?-No. Will you swear, you never went to Liverpool after Dunn?—At what time? Will you swear you never went to Liverpool after Dunn?I have been there after him, within these eight days-with a subpœna in my pocket to subpoena him. You were with him drinking upon the 8th and 9th of January?—Yes. Upon the 18th of March you were again with him at Welch's?--Yes, I told you he called upon me and, I went off the bed with him. Who was in company with you at Welch's? John Spink, and me, and one James Scott. When you were with Dunn at this publichouse, do you remember Mr. Walker's clerk, Moses Eadon, coming?-I do, but not upon the 18th. Was that upon the 19th ?-Yes. And the 20th too, I believe, you were drinking together?-I never saw him before the close of the evening of the 20th, when he came to our house. you upon the 18th, or not till the 19th?~~~ Was Moses Eadon, Mr. Walker's clerk, with Upon the 19th. Upon Eadon's coming in, did not Eadon go | into another room, and did not you tip Dunn upon the shoulder, and desire he would go with you into another room?-I did. How much liquor had you together at this public-house upon the 19th-At this time we had had very little. How much money was spent, before you parted?—I cannot possibly tell. Do not you know, that fourteen or fifteen shillings were spent by Mr. Walker's clerk at this meeting upon the 19th?-Mr. Walker's clerk never paid a penny to my knowledgeI paid most of it. You treated Dunn, did you?-I paid the shot, and treated him. How much did you pay?—I cannot tell to a shilling or two. Was it twenty shillings?—No. Was it fifteen shillings?-I cannot say. for what I know, I cannot tell. Did not you tell Dunn, you wished he would get out of the way, till the assizes were over?-Never, no such matter. You swear, that at no time you ever told Dunn, you wished he would get out of the way, till the assizes were over?-Never, in my days-I wished otherwise. Do you mean to swear upon your oath, that you did not advise him to remain at Preston? -I did not; he said he would go to Preston, for he said, he would not be subpoena'd by any party; of all things, I said, you will stand forth at the trial; he said, I will, but I will not be subpoena'd by any party. Upon the 19th of March he told you he would not be subpoena'd by any body?-That was on the 20th, and he said the same on the 21st in the morning. When did you lend him this other money? -I lent him one part on Wednesday night, somewhere about the 19th, and he had the remaining part some on Thursday, and the remaining part on the Friday morning. How much has he had in the whole from you?-Thirteen shillings, from the first to the last. And all this, after this meeting at Welch's, the Hare and Hounds?—No, he had only nine shillings then. Have you never received from any person whatever, either the money that you spent at the Hare and the Hounds, or the money you lent Dunn ?--I have not upon my oath. Nor no promise?-Nor no promise of any thing. Dunn promised he would pay me my money back again. You never had, from any other person living, a promise of re-payment of the money lent? No, never. Have you never received any money back that you spent? No, never, from man, woman, nor child. Mr. Erskine to Mr. Duckworth. When you heard that it was reported, that this Dunn had run away, and was not coming to the assizes, did you take any step in consequence?—I had heard he was gone to Preston and would stay there till the assizes. We were much afraid he would run off. I went to Preston to desire Mr. Cross, the prothonotary, would devise some means of keeping him in his custody by a bailiff, or in some other manner. Mr. Cross would not do that, but advised me to subpoena Dunn; we sued out a subpoena, and endeavoured to serve him with it." Mr. Twiss was sent to Liverpool, to endeavour to subpoena him there. He could not be found. It had been reported that we had bribed Dunn to keep out of the way. Mr. Justice Heath. I cannot think there is much in the thirteen shillings, for if Dunn was so corrupt that thirteen shillings would influence his testimony, his credit is not worth much. Mr. Thomas Jones sworn.-Examined by Mr. Lloyd. Were you at Mr. Walker's on the 18th of March?--I was. Was Dunn, the man who stands behind you, there?—Yes, he was, he came soon after I got there. Did you hear him say, he had sworn true or false, against Mr. Walker? what did he say about Mr. Walker ?-When he first came into the room, he seemed as if he was rather intoxicated. I thought he reeled across, from the door towards the window; he sat himself down, and in a little time a question was proposed, I think by myself; Whether he had not something to say to Mr. Walker? he said, he had wronged Mr. Walker. I asked him in what manner he had wronged Mr. Walker? he said, he had accused him falsely. Immediately as he said that, he fell down upon his knees, and begged his pardon. Mr. Walker desired him to get up. Several other questions were put to him, in what manner he had falsely sworn against Mr. Walker, he did not give any answer to them. Was he brought into the room by force, or did he appear of his own free-will?-I understood he came of his own free-will; he knocked at the door, and was introduced into the room; he said he had been bribed to do what he done. Did he seem affected-was he in tears? He seemed very much agitated when he entered the room. I asked Dunn, who had bribed him, he would not give me an answer to that question. Mr. Jones cross-examined by Mr. Law. Was Mr. Twiss, the constable, there?--Ie was not there. The persons present in the room, when I was there, were Mr. Walker, Mr. Richard Walker, Mr. Ridgway the attor ney, myself, and Dunn. I only wanted to know whether Twiss was there; you need not mention who were there, for the purpose of confirming what you say. GEORGE III. Proceedings seem to you, so far recollected at the time he talked with you, as to be aware of the import of what he was saying?—Yes, I thought he was, perfectly. Did he specify any particulars, in which he had accused Mr. Walker falsely?-He did not; asked him that question; he did not give an answer to it; he seemed very desirous of communicating what he had to say to Mr. Walker alone; he seemed very loth to say any thing to any questions put to him, while Mr. Ridgway and I were there; he frequently desired that Mr. Walker and he might confer together; Mr. Walker did not choose to trust himself with him alone. You have no sort of doubt in your recollection, that Dunn used those words that he had accused Mr. Walker falsely?—He did. Was there any conversation, respecting the indictment that was depending at Lancaster at that time ?--I did not hear any thing said about an indictment. There was a question put to Dunn, either by Mr. Walker or Mr. Ridgway, I believe, by Mr. Ridgway, whether he had ever heard Mr. Walker damn the king? he said, he never had, he had heard him speak disrespectfully of him. I asked him in what manner he had spoken disrespectfully of him; but to that question he gave no answer. Was there any mention made at that time of any assemblies held at the house of Mr. Walker, for the purpose of exercising with arms? Not a syllable. Was any thing said of Mr. Yorke being at Mr. Walker's? be so good as tell me all that passed at that meeting.-There was a question asked about Mr. Yorke; it was asked by Dunn himself—instead of directly answering Mr. Walker's questions, he seemed to evade them by putting the question whether Mr. Yorke had been in town or no? or whether he had seen him within a few days? Mr. Walker did not give him any answer to that question. Nothing was said then about Yorke's having been at the meeting at Mr. Walker's house? -No. How long might Dunn be with you in the whole?-I fancy he was about twenty minutes or half an hour in the room; the questions I have mentioned, were frequently put to him. Did you take any thing down in writing of what passed?-I did that night when I got home. Have you a minute of it?—I have. Be so good as to let me look at that minute; it is not from any doubt of your giving me the best of your recollection, I wish to see it for another purpose. [Mr. Jones gave Mr. Law his minutes.] You mention here, I see, that you went with Mr. Richard Walker, Dunn was soon introduced, by whom was he introduced?-I think Mr. Richard Walker showed him into the room, if I recollect right; somebody knocked at the door very soon, after we got there; I understood it was Dunn; he came immediately into the room. Richard Walker opened the door when Who introduced him?--I think Mr. Dunn came into the room. I was doubtther he was drunk, or only feigned to be ful towards the end of the business, wheso; for towards the latter end of it he appeared in every thing he said; he was particularly more steady, and seemed perfectly collected urgent with Mr. Walker to be alone with him. Finding that could not be obtained, he wished to be with the two Walkers; that was refused; then he desired he might be with Mr. Richard Walker alone, which was also refused, and Mr. Walker peremptorily told him he would The man seemed very much vexed at it, and not suffer himself to be in his company alone. he came out with a threat upon the occasion; would be a damned deal worse for him, let he said Mr. Walker would repent of it, for it him bring as many witnesses as he would. true or false?-False. false?—Yes. of the gentlemen who have been examined, Mr. Law. The Jury immediately gave their verdict Mr. Vaughan.-I pray that Dunn may be committed. cute him for perjury. and I hope, Mr. Walker, that this will be an pany, my lord, except in that of the wretch ably acquitted, sir, and the witness against Immediately after the above verdict was given, the same jury was again impanelled, Mr. Walker was an eminent merchant at Manchester, and a truly honest and respectable man; and nothing can show the fever of those times, more than the alarming prosecuis not to every attorney-general, that such a tion of such a person upon such evidence. It conduct of Mr. Law was highly to his honour, case could have been safely trusted.-The and a prognostic of his future character as a judge.-Ed. of " Erskine's Speeches.” 1165] for a Conspiracy. and sworn to try Mr. Walker upon the separate indictment, charging him with damning the king, and saying, he would as soon take his head off, as tear a bit of paper.* Thomas Dunn, the only evidence for the Crown on this indictment, having been committed for perjury, the jury instantly returned their verdict, Not Guilty. Shortly after the preceding trial, Mr. Walker published a pamphlet intituled, "A Review of some of the Political Events which have occurred in Manchester during the last five years; being a Sequel to the Trial of Thomas Walker and others, for a Conspiracy to overthrow the Constitution and Government of this Country and to aid and assist the French, being the King's Enemies. By The Jury were again impanelled and Thomas Walker." I extract from this pubsworn to try James Cheetham, upon the sepa-lication the following account of Dunn's rate indictment against him, for damning the king, and wishing he was guillotined, but the witness for the Crown, Mr. Dunn, having been committed for perjury, the jury immediately found the defendant Not Guilty. Upon Saturday, the 5th of April 1794, a bill of indictment was preferred against Tho mas Dunn, for perjury; and found by the Grand Jury, of which the following is a list :Thomas Butterworth Bayley, esq. of Hope, Foreman. Nicholas Ashton, esq. of Woolton. Mr. Walker had the most incontrovertible evidence to prove, he was in London at the time Dunn swore that the words laid in this indictment, were spoken by Mr. Walker in Manchester.-Orig. Ed. trial: "Dunn was tried at the autumn assizes 1794, upon an indictment containing no less than ten several perjuries, which he had sworn, upon the trial against Mr. Walker and others. To prove the falsehood of the facts sworn to by Dunn, various witnesses were called; rev. Mr. Griffith (the magistrate before whom and first, as to his reading and writing. The Dunn's informations were taken, and who upon them issued warrants against Mr. Walker, Mr. Paul, Mr. Jackson, and several others, for high treason) swore, that he had attested informations signed by Dunn in his presence, and that he had no doubt of his being able to read and write. This was confirmed by Mr. Griffith's clerk, Mr. Paynter, who had seen Dunn write his name, and had also seen letters which he believed to have been written by him. Two other witnesses deposed to the same effect. Mr. Jones and Mr. Ridgeway, two gentlemen of great worth and respectability, stated that they saw Dunn at the house of Mr. Walker's brother, on the 18th of March; that Dunn fell upon his knees, and begged Mr. Walker's pardon; said that he had injured his character; that he had accused him falsely, and that he had been bribed to do what he had done: and that when Mr. Walker refused to be alone with him, Dunn threatened Mr. Walker, and said, that it should be worse for him. Several other witnesses were called, who proved the other facts in the indictment. The jury found Dunn guilty; and the sentence of Mr. Justice Rooke was, that he should stand once in the pillory, and be imprisoned for two years in Lancaster Castle."Review, &c. p. 89, note. 602. Trial of ROBERT WATT for High Treason. At a Special Commission of Oyer and Terminer, holden at Edinburgh, August 14th, 15th, 22nd, 27th, and September 3rd: 34 GEORGE III. A. D. 1794.* Know ye, that we, by virtue, and according to the form of the statute, made in the seventh year of the reign of our royal predecessor, Anne, late queen of Great Bri tain, &c. intituled" an Act for improving the union of the two kingdoms," have assigned Proceedings at a special session of Oyer and Terminer, held at Edinburgh, on Thursday the 14th of August, 1794, before Ilay Campbell, lord president of the college of justice; Robert Macqueen, lord justice clerk; Alexander Murray, lord Hender-you, and any three or more of you, (of whom land; David Rae, lord Eskgrove [afterwards lord justice clerk]; John Swinton, lord Swinton; sir William Nairn, lord Dunsinnan; Alexander Abercrombie, lord Abercrombie; James Montgomery, lord chief baron; and hon. Fletcher Norton, senior baron. PROCLAMATION being made, the commission was opened by Mr. Knapp, the clerk of the commission. It was as follows: of Mansfield, or our justice general for the we will that any of you the said David earl time being; Ilay Campbell, or our president of our college of justice for the time being; Robert M'Queen, or our justice clerk for the time being; Alexander Murray and David Rae shall be one) our justices, to inquire by the oath of good and lawful men of our shire or county of Edinburgh, in that part of Great Britain called Scotland; and by other ways, means, and methods by which you shall or may better know (as well within liberties as without), by whom the truth of the matter may be better known and inquired into of all COMMISSION OF OYER AND TERMINER. high treasons and misprisions of high treasons George the third, by the grace of God, king within the shire or county aforesaid, as well of Great Britain, France and Ireland, defender within liberties as without, by whomsoever, of the faith, &c., to our right trusty and right and in what manner soever, and by whom, well beloved cousin and counsellor David, earl when, how, and after what manner done, of Mansfield, our justice general, of that part committed or perpetrated; and of all other of our kingdom of Great Britain called Scot-articles and circumstances concerning the land, or our justice general for the time being; Ilay Campbell, esq. of Succoth, president of our college of justice, or the president of our college of justice for the time being; James Erskine, esq. of Alva, senior senator of our said college of justice; Robert M'Queen, esq. of Braxfield, our justice clerk, or our justice clerk for the time being; Alexander Murray, esq. of Henderland; David Rae, esq. of Eskgrove; John Swinton, esq. of Swinton; sir William Nairn, of Dunsinnan, baronet; and Alexander Abercrombie, esq. of Abercrombie, commissioners of justiciary; James Montgomery, esq. of Stanhope, chief baron of our court of exchequer, in the aforesaid part of our kingdom aforesaid, or our chief baron of our court of exchequer aforesaid, for the time being; and Fletcher Norton, esq. senior baron of our said court of exchequer, greeting : Taken in short-hand by Blanchard. For corrections of some errors in the original edition of this trial, I am indebted to Mr. Robert Hamilton, who was one of the counsel for the prisoner. Another but very imperfect account of this trial, was published, purporting to have been "taken in short-hand by an English barrister." premises, and every of them or any of them in any manner whatsoever; and the same high treasons and misprisions of high treasons, according to the form of the aforesaid statute, to hear and determine. And therefore we command you, that at a certain day and place within the said shire or county, which you, or any three or more of you (of whom we will, that any of you the aforesaid David earl of Mansfield, or our justice gene ral for the time being; Ílay Campbell, or our president of our college of justice for the time being; Robert M'Queen, or our justice clerk for the time being; Alexander Murray and David Rae shall be one), shall appoint for that purpose, you meet together, and diligently make inquiries about the premises, and hear and determine all and singular the said premises, and do and fulfil them, doing therein what to justice appertains, saving to us the amerciaments and other things from thence to us accruing; for, we firmly command all and singular, sheriffs officers, ministers, and our subjects, by virtue of these presents, that they be attending, advising, aiding, and assisting to you in the execution of the premises as it becomes them. We command also by virtue of these presents, the |