standers, for what they had merely noticed and overheard. He had been obliged to bring forward the witness's sister, and admitted that the relationship impaired her evidence. The Jury must allow for his disadvantageous situation, while the Crown, by granting a pardon, could induce any individual to become King's evidence. But there had been enough proved, to shew that his client was under the influence of fear. A person had said to him as he left his house: James, this is a bad job; to which he answered, It is s but I will get out of it as soon as I can. This fear he ought to have resisted but all men had not that courage, and was a man to be made guilty of Treason, because he was not a hero? The learned counsel then went over at great length the consideration of the law of treason, and instanced numerous trials, in none of which, nor in any that he knew of, were the circumstances at all similar to the present. He again commented also on the particulars of the case.

Much stress had been laid on the circumstance that the party carried out a flag, on which was written, "Scotland free or a desart." Was the Jury to consider persons bearing such a flag as guilty of a treasonable conspiracy? Was that an opinion which any man was not entitled to act on? "It is an opinion which I openly avow before you, and I trust it is the opinion of every honest and worthy man throughout the country. I say it is not merely the opinion of persons speaking with warmth and heat on the occasion, but it must be the opinion of every sound and reflecting mind, of every person who has studied our history, or compared it with that of every other country. Is it our soil, our climate, our rocks, our marshes, that prevent this country from being any thing but a desart, with all the disadvantages of a miserable climate, remote

from the rest of the world? Was it not at the period of the Revolution visited with famines that swept away hundreds and thousands of the people? What, Gentlemen, can it be now, that produces the wealth, riches, and improvement around you; the cultivation of the vales, the verdure which adorns your mountains; all that traffic that adorns and enlivens your rivers, but the course of a free government established among you? And whenever that free government is lost, that will cease to be its state: that must be the sentiment of you all, and of every reflecting man in the country. No doubt the best sentiments may be abused; but because a sentiment which is right, and ought to be nearest the breast of every person, was put on a flag, did that prove that the persons holding it were traitors, and intending to destroy the country altogether?"

He

We regret that our limits do not allow us to follow the learned counsel through a speech which occupied several hours, or even to touch the numerous cases adduced in support of his client. He finally warned the Jury against being biassed by the able arguments and authoritative assertions which they would hear from his learned antagonist. He insisted there was clear proof of his client having acted under the influence of fear and constraint. did not wish to appeal to their compassion. He might have brought the daughter of the prisoner as a witness; but the case would have been too cruel, when a father's life was concerned, and it might have been an undue attempt to bias their minds. He called on them merely to act as honest men, always remembering that if there remained in their minds a shadow of doubt, they were bound to acquit.

Serjeant HULLOCK, in reply, said it was his duty to recall the attention of the Jury to the real law and facts of the case, which had been studiously

withheld by the learned counsel on the other side, during the countless hours through which he had addressed them. The learned gentleman had apo, logized for the short time he had to prepare. There appeared little room indeed for such an apology, after speeches of such extraordinary length, and after he had brought forward almost every thing to be found in the books, except the law applicable to the particular case.

Mr Hullock denied the charge of useless prolixity, or of obscurity in the indictment. It had been framed on the model of that of Watson, the production of lawyers for whom no panegyric could be too high. The use of an indictment was not to perplex the opposite party, but to assist him in meeting, by evidence and argument, the facts charged. If any of these were omitted in the indictment, they could not be introduced into the trial. For this reason, it might be necessary to introduce charges into the indictment, which they were not able, perhaps, though they had expected it, to support at the trial.

The learned counsel then entered at large into the law of treason, and endeavoured to prove from the highest authorities, given on a succession of trials, that any body of men coming forth, with the intention of effecting by force a change in the Constitution of the country, however insignificant in numbers, however devoid of discipline, though without arms, nay, though naked as they were born, were levying war.

The learned counsel now entered on the facts of the case. He alluded to the proclamation posted up at Glasgow; to the consequence which immediately followed, of the operative inhabitants striking work, and parading the streets in the military step. The Address was then brought down to Strathaven. He cared not

how long it was posted up, or even if it was posted up at all; but when work was struck at Strathaven, and the place was thrown into the same tumultuary state as Glasgow had been, could there be a doubt, that this was in consequence of the same Address? Mr H. then proceeded as follows:

Now, Gentlemen, let us see what anterior steps had taken place at Strathaven. I am now separating the case of the prisoner from the case of the individuals there concerned, because it will be important, in the first place, to ascertain whether any individuals were guilty of High Treason; because, if the party in general, of fourteen or fifteen, exclusive of Wilson, were not guilty of High Treason, I could not expect you to believe Wilson was— therefore let us go by steps, and con sider whether these men were or were not guilty of High Treason, and the way to do that, is to see what was the intention with which they marched out of that place. It appears that, on the evening, late at night, of Wednesday, a message reached this person; it appears by the evidence of Brownlow, who, by the bye, was costive enough, that a man came to Wilson's, he, Brownlow, being in the next room, being a watchmaker, who sometimes employed himself in working at making stockings at Wilson's. It appears this man came there; that he wished Wilson to go up. Wilson said, "No, the night is wet, I will not go." He did not hear any thing more; he did not know the place well enough to go, but he went into the room, and Wilson was gone; he then left the place. It appears by the evidence of one of the Steeles, that he went down to Wilson's that night, where there was a congregation of men; the room was crowded-it was full-it was as full as it could well hold; and he described the party as being twenty or thirty. Wilson asked him if he had heard the news ; he said what

news?-the great news from Glasgow; the people were up, and their brethren were expected to join them. You will find, on perusing your notes, and paying attention to the different parts of the evidence, that a party had marched out long before that, similar in size, and similarly armed. The news arrived abruptly, and unexpectedly perhaps; it became, therefore, necessary that a party should immediately set about arming themselves; they wanted nothing but arms-in point of mind, disposition, and temper, every thing was right-their hearts were rightly placed for treasons, stratagems, and spoils. They immediately detached a party to get arms. The following facts are also proved by the testimony of John Thompson, who was the only witness on whom my learned friend employed any observations: He said he was called only to prove a noise, and he talked about the trial of a mouse; and, having done with that witness, he forgot any more of our case last night. Thompson goes down there at eleven at night, and the windows are screened. What does he do? He overhears a noise; what noise? the chopping of wood; and then it came out, that Wilson sometimes burnt wood in his house, and, therefore, he was chopping wood, before he went to bed, for the fire in the morning. But what were all the people doing in the house? Is it necessary to have twenty or thirty people to assist you to split wood? But there was a debate-a loud discussion; a discussion which may be considered, and so it ought to be, a grave discussion, before they enter on this scheme. But the party left Wilson's house about eleven o'clock; the noise ceased; they returned about one; the noise recommenced. Where had they been during this interval? The occasion was urgent; they wanted arms; their brethren of Glasgow were waiting for them; they were to march the next

morning; active operations in the field were to be undertaken on the following day. Where, then, were those individuals who left Wilson's house between ten and eleven o'clock at night? Ask Farey. Ask Farey. Farey was seized in his father's house; he was urged out; and you will see, Gentlemen, from the manner in which Farey was taken care of, was surrounded by these men. You will, by and bye, see the difference in the mode of guarding men who go by compulsion, from that observed when men go freely and voluntarily. Farey was placed between two men, and three pikemen before, and three young men behind him-that looked like restraint; where a man is not to be restrained, they put him three or four yards in the rear. Now, Gentlemen, there you have a different mode of applying force, where the parties really mean to apply force. Farey was their man, not their man in heart, but he was their man by force, by restraint; and, in point of fact, he was forced along with them in the way which he has described. What do they do? At the first house they go to, they procure a gun. The next house, I think, they go to, they want a man from. The old man in the house says, "We have no man here; we have only our own family," the women scream, and the party go on. The next house is the house of Alexander, I

think; and they attack both the foredoor and the back-door. The people are armed; they do not stir; and the man says to his son, "The gun is charged, you had better give it them." "No, I will not." "You had better." Then they begin to break the windows, and fire shots, to shew they are prepared. The consequence of that was, that young Alexander handed out a gun to them. They go on; it was a matter of urgency; the following day was to be a grand day; they go on from house to house, and ransack five or six houses. Now, I pray you, Gentlemen, tell me,

if you can-I would ask, in point of fact, any man, and I defy the wit of any man to tell me, for what earthly purpose these arms were borrowed in the way, and under the circumstances that they were that night-is it, in point of fact, I say, Gentlemen, within the scope of common sense, and a small portion, too, will be requisite, a very small portion-is it within the compass of common sense, for any man to devise a reason why these men of Strathaven should rob the house of that unfortunate man at that hour of the night, to seize the fire-arms, in the manner I have alluded to? They then go to the house of a merchant of the name of Cochrane; they tell him they are disappointed; they expected to find sixteen guns; they seize one from him, and get seven pounds weight of gunpowder, and twelve flints. For what purpose were those procured? Was it for the purpose of marching upon this road? Was it for the purpose of enabling them to have a grand field or parade day in Strathaven? Was that the cause? Is it possible that men of understanding are to be gulled by such observations as these? It is not possible.

What is next done? They return about one o'clock in the morning. What do they do? where do they go? They go to Mr Wilson's house, and ground their arms. In point of fact, they lodge the plunder of the night there. They, or another party, again go out, for there are two parties, you recollect, another party go out and perform the same operation. Then, in the morning, by break of day, five or six men are going into the back-door of Mr Wilson's, with guns. Where is Mr Watson, the standard-bearer of this armed band?—this loyal band, for they are going to assist the Kingwhere is Mr Watson ?-waving the flag at the door. They had no drum, but waving a flag is as much as beat ing a drum. He was waving his flag

at the door; well, but then he went in finally, and they all came out.

Let us stay to inquire for a moment what this flag contains. On the one side "The Strathaven Union, 1819." Then this Union had subsisted some time in Strathaven, or it was a false date; but surely loyal men like these would not put a false date on their banner. Is it not then certain that this Union, composed of the sort of materials emitted from that house this morning, had existed for several months before? Is it not clear (Strathaven Union, 1819) their hearts were willing? They waited the occasion, and the occasion, unfortunately for that unfor tunate man, occurred on the 5th of April. "Scotland free or a desart"I seek not to inquire into the feelings or politics of any man, to me they are totally immaterial as they are to you, but I ask you, Gentlemen, what construction you will put upon that motto? what construction you, sitting under the sanction and obligation of an oath, to administer the law according to the facts of the case, will feel disposed to put upon that motto? Will you consider that that means any thing about vales, and hills, and verdure, and ships, and navigation, and commerce? If you do, I only say that I differ with you; but that is no matter, you may, notwithstanding, be right; but I appeal to you, whether you can understand that in any other way than that construc tion which is to be drawn from the language of that document, and that document alone?

Well, Gentlemen, they march out from Strathaven, what do they do then? one or two of them is still unarmed, and therefore it is material, for the purpose of qualifying themselves for the expedition, to seize another gun if they can. They attempted Gavin Cooper's, a sturdy old Scotchman; he said, "I will not do it" they then clapped their muskets to his breast, and astounded his man and maid; but he stuck to it,