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one error, to be excluded from the-
benefit of .my most important alli-
‘case, and I desire it may be read.
The Court.--Sir, your pertinacity
shall not influence its. . There may
‘list ‘cl thousand ‘distinctions between
‘Draper’s case and this.’
‘ Mr. Finnerty.-Well, then, be it
:0; though I haveuafiidavits here
. which would astonish the country,
since I am excluded from presenting
them, it is my misfortune, "Here is
’one unexceptionable. ‘
The aflidavit of David, Power,
‘ Esq. a volunteer,in the army at
,:Walcheren, wasihere read, stating the
' Imminent peril in which Mr. Finner-
, 1)’ stood from .Lord Castlereagh’.-.
‘ order. . ' .
The iafhdavit of Doctor’ Lipsa
comhe was also read, stating, ‘that
he had attended Mr. ’ Finnerty in
y.Novemb,ei' last, and that he was then
In extreme danger of -derangement
' and death, owing to anxiety of mind ;
and that he was not yet quite recov
. vered. ' i V ' ,
Mr. Finnerlty-.sVVhen I last ap-
. pea:-ed here, the first interruption I
T experienced was from the informality
of Dr. O’Connor’s affidavit ; provi-
I dentially I have received a more cor-.
Iect one since from Bandon ; llnow
0 er it. U " ' '
T31: Court.‘-'-'-Who" is this O’Con-
nor 1
Mr. Finnerty.-4-.-I‘Ie is a Gentle-
man who was transportedon the
mere unsupportedwarrant of Lord
Castlereagh.
The Court.-C-Reject this. . ’ ‘
Mr. FinUCYtY.-‘If; you believe
. , 0rd Castlereagh guilty, ofcourse
It “,‘-"-'3' be rejected: If you do not
' believe him‘ gniltyg I pledge myself
-"e10.produce’if I’ am‘ allowed,
i ' 1 rv , '. . .
. 399% fizty -aiiiclavits, ‘confirming on
- B3": horrors so unparalleled, that
"‘0;.a man who’hears ‘me but will in-
“ re Elle Throne of Justice for ven-
‘W zeseds 1 offer this
or,
ran. resmxanv, . I81 I.
"103
‘affidavit on the principle which Lord
I Mansfields-‘ -
davit 2 I haveshaped it by Draper’s ;
The Court.-a‘-‘Vie will rnotheiar. y
' Mr. Finn:-rty.‘--Here,‘ then, is the
i aliidavit of Mr. Clare. -
‘ The Court.-Wiicz is Clare 2 .
M r. Finnerty.--’The aiiidavits will
tell thahs-The descripiion will take:
up‘as'much time-‘as the readinfr. It
has been sworn before the Judges of
the King’s Bench in Ireland‘.
l.VIr: Clare 5 aiiidavit stated, that
in the year 1798, various kinds o5
torture, such as whippings, "picket-
ing, half-hangings, Ste. ‘ 8tc. were
practised in Dublin, close to the Cas-
tle-gate. He swore also, that Lord.
Castlereaghmust have heard the cries.-
‘ The Court. - Can it be endured,
that such afiidavits as this are to beput
in when we have expressed our deter-
mination on the subject, and even out
Mr.‘ Garrow. -4- Certainly my
Lord, -ought not to be tolerated.
You have given this man an entire.
week, and he has -chosen to remain
obstinate.
Mr. Finnerty.-V--I ioiferthe aiiida-
vit to be read '; it will substantiate
every thing I have stated in the origi-
nal libel.‘ - . ‘
The Court.--Sir, have you any
inofi'ensive- affidavit? + - ’
Mr. Finnerty.--My Lords, ac-
cording to the doctrine which was t
laid down by this Court, that truth
was no justification, I pleaded guilty
on my trial : - I did sobccause I un-
derstoodzthat on. being brought up
for judgment I might produce the
truth. in mitigation.
idle fancy of my own ; -it was built
upon your-precedent. Sincethe law
was against me, I have referred to it;
but -nothing on earth-shall induce rue
he had stated. That shall not apply
to rne. I here tender you the plain
.“nquestio;a3b1g
.‘ I '
This was-no . .
"to make any - submission 4to‘ Lord,‘ A‘
Castlereagh. No, my Lord ;- yang,
“language to Gale Jones on his trialft
was, that he had no proof of what
..-.