jury in behalf of the defendant, and then proeeeded to examine his witnesses as follows:] FOR THE DEFENDANT.

Francis Richardson, esq. sworn. Examined by Mr. Solicitor General.

Are you an adjutant in the guards ?—Yes, in the first battalion, in the first regiment.

Were in the month of October last, you, stationed in the Tower?-I was.

tal offence to a misdemeanour, was surely a mark rather of the magistrate's lenity than his rigour. With regard to the refusing bail, it had not been proved that any bail was legally tendered. The law required in all bailable offences, that the names and descriptions of the bail should be made known to the imagistrates; it had not been pretended that a hint even was offered, who the persons were that were to be the bail; and finally in regard to the commitment to safe and close custody, he knew no other legal custody; the words were the usual and formal words of warrants, from the day that warrants were first translated into English; they were a literal and close translation of the old Latin words in salva et arctâ custodiâ.'

"Mr. Attorney General took great pains to exculpate Mr. Richardson from censure, shewing that he would have been guilty of the most contemptible and infamous conduct, had he Borne the king's commission, and yet concealed his knowledge of a plan to insult and endanger bis person, (a plan which, however apparently absurd, was nevertheless practicable) and explaining how far a man was bound by any information given him in confidence, asserting, that when the information went beyond a certain legal point, it was no less impudent and daring in the person giving it to expect confidential secrecy, than it was unwarrantable and dangerous for the party to whom it was imparted to conceal it. Upon this ground he justified Mr. Richardson; whom he described as a man deserving the thanks of the public, for having so well discharged his duty, in a case of a very nice and important nature.

"In observing upon the evidence he animadverted with much severity on Mr. Reynolds, who, he said, had behaved to lord Rochford with great impertinence, and had very eloquently informed the Court how rudely he had dealt with a poor secretary of state and a poor adjutant of the guards, to whom he had offered his law advice gratis, which they in a most insulting manner had neglected to follow.

Please to look at that paper. Is that the information that you made upon oath before my lord Rochford ?-Yes, here is my handwriting.

You were sworn to it ?—I was then.

[It is read.]

"The voluntary INFORMATION OF FRANCIS
RICHARDSON, Adjutant to the first batta-
hion of the first regiment of foot-guards,
sworn before me, one of his Majesty's
principal Secretaries of State, this day,
the 20th of October, 1775; who says,
"That he the said Francis Richardson did,
on Thursday the 19th of this month, en or
about the hour of 12 o'clock at noon, meet
Stephen Sayre, esq.; banker in Oxford-road,
at the Pensylvania coffee-house, in Birchin-
lane, when he told the said informant that he
intended to have wrote to him, and that he
wished to have ten minutes' conversation with
him; whereupon they both went up stairs.
into a private room in the said house, and after
the said informant had shut the door, at the de-
sire of the said Stephen Sayre, he the said
Stephen Sayre said, he hoped, as they had been
long friends and countrymen, that the inform-
ant would not betray the confidence he was
going to put in him; and upon the informant's
assuring him he would not, the said Stephen
Sayre enquired what power the informant had
in the Tower?---Whether he could keep the
gates open?---Whether he could not fix what
number of centinels he thought proper?...
Whether all orders did not go through him, as
adjutant ?--- Who had the care and keys of the
magazine and arsenal?---What situation the
men were in, in respect to ammunition?---If
by presents or promises, the informant had it
in his power to make the soldiers stand neuter,
in case there should be occasion?---The said
Stephen Sayre then said, if there was not a
change in government, both countries would be
ruined; and that there was a scheme laid in
which the informant might be instrumental in
saving this country and America from ruin, if
he had but resolution and good will. The in-
formant replied, whenever he was called upon,
he hoped he should not prove deficient in
either. The informant then desired the said
Stephen Sayre to explain himself, which he
did, by saying, the people were determined to
take the government into their own bands, and
the time was near at hand: that they had a set
of fine fellows, who were only waiting the op-
portunity and that as to tearing to pieces lord
Mansfield, lord North, lord Bute, &c. it would
be of no material consequence; they must
strike at the fountain-head: to which the in-
formant made answer, You don't mean the
king! The abovementioned Stephen Sayre re-

"After a very long and powerful speech, enforcing the fullness of his client's justification, and urging repeatedly that there was clearly no malice in what lord Rochford had done, but that the whole of his conduct arose from the necessary discharge of his official duty; he ing thus conformably to law, justice and equity, concluded with expressing his hopes that the he doubted not, as honest and conscientious jury would coufine their thoughts to the mat-men, they would lay their hands on their breasts ters specifically stated and laid down, and not and give a verdict for the defendant." Morn. have recourse to their imaginations; that act- Chron.

Did he desire you to go to lord Rochford ?Yes: he desired me to go along with him. General Craig is your commanding officer?

Cross-examined by Mr. Serjeant Adair. How long have you been acquainted with Mr. Sayre?-Between six and seven years.

There has been a considerable degree of freedom between you?-In the common acceptation of the word there was the appearance of intimacy; we never visited at our respective houses; there was an appearance of familiarity, confidence and freedoin.

Have you never visited Mr. Sayre during that time?-I never visited him at his house that I recollect: I remember about six years ago that I met him at the house of a Mr. De Burgh's, but never visited him at his own house, as I know.

Was there any correspondence kept up by letter or otherwise between you and Mr. Sayre during that time?-Not that I recollect.

You mean then to say you were intimate with Mr. Sayre during these six or seven years, because you have met with him in the street and conversed with him, and once met with him at a Mr. De Burgh's?-We met as countrymen; I was always very happy to see Mr. Sayre, and be me.

plied, Yes: that the king was at the bottom of all; for he believed lord North was heartily sick of the business: he then went on, and said, The design was, to seize the king going to the-My immediate commanding officer. House of Lords on the 26th instant, and to convey his majesty to the Tower. The informast then asked, whether they intended to destroy the king? The abovesaid Stephen Sayre answered, No, but to send him to his German dominions; and that major Labillier, or a major of a name like that, had been employed, for some time past, to distribute money to the soldiers of the foot guards, and had already distributed 1,500/. for the purpose of alienating their affections from government, and to prepare them for a revolt: and that the abovenamed Stephen Sayre said, he wished the informant would instil into the first battalion of foot-guards a notion, that, if a change of government should take place, their pay should be raised, in proportion to the dearness of provisions; and that he would send the informant, in a day or two, 10 or 201. for the purpose of making himself popular with the soldiers; and that if the informant could not bring them over to fall in with the said Stephen Sayre's scheme, he would at least prevail on them to stand neuter: that the informant was to be in the way on the morning of the 26th instant, and on a signal given, which would be communicated to him in due time, that the Mr. Serj. Davy. What countrymen are ye king was brought to the Tower, the informant-We were both born in America. was to let him in, and the populace with him, Mr. Serj. Adair. Then you conceive the then to see the gates shut, and to put them in common acceptation of the word intimate' is possession of the magazines and arsenals, and applied to people who for six or seven years to fix trusty centinels at the governor's door, together never visit each other or keep up any and when they had got the king in their pos- correspondence, but who speak when they session, they were to issue proclamations under meet in the street?-We were not intimate. the king's sign manual; to call a new council; I must appeal to your lordship whether gento annul the authority of all officers, civil and tlemen are to use such treatment as this! military, of which the said Stephen Sayre's frends should disapprove; that the lord mayor was at the same time to order the sheriffs to raise the posse comitatus to keep the peace near the Tower; and that proper constables would likewise be ordered. The aforesaid Stephen Sayre enquired particularly into the situation of the magazine at St. James's guard, and the state of that in Hyde Park, and finally concluded by saying, The attempt would entirely depend on their opinion of the temper of the people of that day. FRANCIS RICHARDSON." "Sworn to, and signed by me, the day and year above written. ROCHFORD,"

*

Did any body go with you to lord Rochford, or did you go by yourself?-I went with general Craig.

Had you communicated to general Craig any thing of this matter?-Yes, the greater part of it: general Craig declined being privy to the name of the person of whom I received this.

*This appears to afford another instance of lord Rochford's official incorrectness of language.

L. C. J. De Grey. Upon being asked, he explains what his idea is, there is no imputation lies upon the witness; according to the common idea of words i should have thought they did not import an intimacy, but he explains what he means.

However, that was the state of your acquaintance and intimacy with Mr. Sayre that you have given an account of?—Yes."

Do you apprehend it likely that a person so acquainted and with such a degree of intimacy, whatever it was that you would describe, would place a confidence in you in the manner you have mentioned?-It is likely, for two reasons: in, the first place I have always expressed an approbation of the Americans and their cause; I hope, Sir, you ap prove of that: the other is, that no other officer in the Tower could have served him in that manner but myself.

Then you were a likely person to have served him in that manner, you conceive?— Apparently I was.

What time of day did this conversation pass at the coffec-house?—At twelve o'clock.

Did you meet accidentally or by appointment?-Accidentally.

Who began the conversation ?-Mr. Sayre. In the coffee-house?-Yes, he was writing a letter when I came up to him.

Were any persons present or within hearing when Mr. Sayre began that conversation?-I don't recollect any body in particular.

Did you continue to converse auy time in the coffee-house?-Mr. Sayre was writing a letter; as soon as he had finished it he said he intended to have wrote to me, and wanted to speak to me,

At whose instance was it that you withdrew into another room ?-Mr. Sayre's request.

I think you say be locked the door upon the occasion ?-Locked or shut the door.

In the conversation with Mr. Sayre you have mentioned that a major Labellier, or some person of a name like that, Mr. Sayre told you had distributed a sum of money among the guards. Did that pass?—Yes.

Did you know any thing of that person that was named?-1 never heard of such a name before.

Did you, in consequence of the conversation that had passed between you and Mr. Sayre at any time before your information at lord Rochford's, make any enquiry concerning that person?-I did not.

Did you make any enquiry among the soldiers of the guards whether any such thing had passed as was supposed to have passed in that conversation?-No, I went immediately to see the general.

This passed on the 20th of October?—I believe on the 19th.

When did you give the information to lord Rochford?-1 went immediately to look for the general; I believe it might be about three o'clock that day.

Did you go to lord Rochford the same day? -The same day.

I think the information is not dated on that day was the information given that day or the day following ?-The day following.

At what time, as near as you can recollect? -I believe about ten or eleven in the

noon.

Did you make any enquiry into that matter? -No; because I was desired by my lord Rochford not to make any enquiry about the matter, for fear of discovering the matter: I suppose you mean to confine me to that parti cular day, I was desired to mention it to no person whatever.

L. C. J. De Grey. Fifteen hundred pounds is not said to be given to the first battalion in the Tower; but among the foot-guards ?— Yes.

When this particular was mentioned to you of money being actually distributed among the guards, you did not think it necessary, before you gave an information upon that subject, to make any enquiry at all into the truth of that fact?—No, because I thought it would come out of course.

Nor is the person mentioned in that information ?—No, I thought it not necessary. In fact you did not do it ?—No.

Did Mr. Sayre send you the 10 or 20l. you spoke of? No, he promised to meet me: I staid till three o'clock at my own apartments: that was the Saturday, I believe, following; but he did not come: that money was to be distributed among particular persons, the serjeants of the guards: I was going to look for Mr. Sayre; I met Mr. Sayre in a coach with Mr. Reynolds.

L. C. J. De Grey. Before he went to the Tower?—Yes.

Did you stop the coach?—I did.

Did you desire to speak to Mr. Sayre ?—I did.

For what purpose?-To get the money: I thought it my duty to get the money: I was desired to see Mr. Sayre upon the subject; to encourage him in the attempt; to get out what I could from him: I looked upon it to be my duty; and I would do it again: immediately upon coming to the coach, Mr. Sayre offered to stop; and he said he was going to.

L. C. J. De Grey Before this, had you settled any matters with Mr. Sayre about refore-ceiving the money?—At first he said he would come with it to me: afterwards he said it might create some suspicion, and he would send it by some trusty person in a letter.

You were at that time upon duty at the Tower?-Not while I was at lord Rochford's. But it was your station?—Yes.

Did you at any time between the conversation with Mr. Sayre, and the time of your information given to lord Rochford, return to your duty at the Tower?-Yes, I lay in the Tower that night.

You are, I think, an officer in the first regiment of guards?—Yes.

It was that regiment, I think, which was mentioned in the conversation between you and Mr. Sayre?-He spoke of all in general: he spoke of the first regiment then; of that which was immediately under my care as adjutant.

Money, he said, had been distributed among the soldiers of the foot-guards?—There are seven battalions; I am adjutant to the first battalion of the first regiment.

Then there was no appointment of a meeting for that purpose?—No.

Did Mr. Sayre express a readiness of speaking to you then?-He offered to stop the coach and take me in.

Did he ask you to come into the coach ?-I cannot recollect; but I believe he did somebody asked me to come in; I said I would walk it was just by the court Mr. Reynolds lived in; Salisbury-court, I believe it is; and Mr. Sayre said he was going to stop in that court. I followed the coach for the purpose of speaking to him.

Did you go to Mr. Reynolds's house?— Yes, Mr. Reynolds was there; and a little man in black got out of the coach: they led me into a little room on the left hand.

Did any thing particular pass then ?-Yes,

I spoke as I had been desired: I told Mr. Sayre
I had considered the matter very attentively,
and I thought it was feasible.
Who was present there?-Nobody but Mr.
Sayre and I.

At whose desire did you withdraw into a private room?-Mr. Reynolds's: they opened the door; Mr. Sayre went into the room, and I followed him: there was a servant-inaid clean- ↑ ing the hearth: she went out and left us to gether.

Without any desire expressed by you to have any private conversation?—Yes.

How long did you continue with Mr. Sayre at that time?-I believe a quarter of an hour. Did he give you any money then?--He pulled out his purse, and said he had but half a guinea and a key; but, said he, I will meet you at the New England coffee house at one o'clock, and will give it you then; you will give me your note of hand, and it will look like money--but there was one thing that I had forgot.When we were in the room, Mr. Sayre asked me whom I had seen after I parted from him? I said, general Craig: he Jooked me steadily in the countenance, and said, Did you see nobody else? I said, No.

Did Mr. Sayre meet you pursuant to that appointment?---He did not.

Did any thing farther pass between you and Mr. Sayre ?--I do not recollect any thing; I went there at one, and I waited there till near three: I met a gentleman who was very near the place, that I mentioned the circumstance to before I informed general Craig, captain Nugent.*

Mr. Richardson is adjutant?--Yes, there are three.

You are of course his superior officer ?--Yes.

Do you remember his coming to you and informing you of any conversation he had had with Mr. Sayre ?--- Yes.

Of what nature was that conversation ?---He came to me in the orderly-room of the first regiment of foot guards. I was busy there, but he was very importunate to speak to me; saying, he had something of very great consequence that he must immediately communicate to me. I went with him out of the orderlyroom into a little back court that is there, that we might be alone: when I came there, he said he had had a very extraordinary conversation held with him that morning, of matters of the greatest consequence to the nation; that there had been money distributed among the soldiers of the guards, to the amount, I think he said, of 1,500l. in order to suborn them from their duty and allegiance: that there were intentions of seizing the King's person as he went to the House of Lords on the opening the session of parliament, with many other particulars; but this was the chief of it. He said farther, that there was no particular design against his Majesty's life, but that he was to be conducted, some time after being seized and carried to the Tower, to his German dominions; with many other particulars, as I said before. Alf this, you may imagine, struck and astonished me. I repeatedly questioned Mr. Richardson as to the certainty of these facts; he persisted in them I then asked him whether he had communicated this conversation that he had told me of, that he had just had in the city, to any one else: he told me he had, to captain Nugent. Captain Nugent was then on the Tilt-yard guard: he said, that while he was

Did it never occur to you, or was it never suggested by any body, that it would be proper for you to enquire into the truth of that fact with respect to the money that was said to be distributed among the guards?--I never thought it necessary, I thought this affair was not con-waiting for me, which had been about an hour, fined to Mr. Sayre: Mr. Sayre mentioned some great persons as parties concerned in it: I could not suppose 1,500l. could be distributed and it not be known.

Though you were not very intimate with Mr. Sayre, you knew him for six or seven years; did you ever meet with any thing in your acquaintance with him during that time that led you to conceive that he was out of his senses?--No, I thought him a man of moderate parts.

As other men are?---Yes.

General Craig sworn.
Examined by Mr. Serj. Davy.

I believe you belong to the first battalion of the first regiment of foot guards ?---I bave the honour to be lieutenant-colonel of the first regiment.

* I believe that shortly after this transaction, captain Nugent was dismissed from the guards; and that in the year 1782, during the administration of lord Shelburne, he was created a baronet of Ireland.

or half an hour, or something of that sort, he had met with captain Nugent, and, upon telling him part of that conversation which he had held in the city, he immediately exclaimed, May be they had a mind to tamper with me, 'too;' or words to that purport.

L. C. J. De Grey. We cannot receive general Craig's account of what captain Nugent said, or of what adjutant Richardson said captain Nugent said.

Did Mr. Richardson tell you where it was that be had seen Mr. Sayre, and held this extraordinary conversation ?--- He told me it was in the city; I do not remember that he mentioned the place. I desired not to know the name: he came to me officially as his commanding officer: I desired him not to tell me the name, wishing not to know particulars.

What advice did you give him upon the whole, or did you take him any where?--thought it then my duty, as it was a matter of such importance, and he was so confident and determined in the facts he had related to me, to carry him before the secretary of state; în consequence of which I did carry him to my