2. If it had dropped behind, and he had attempted to kick it you must have seen that? A. I did not pay any attention to that. 2. If he had got before and attempted to have kicked with his heel backward, you could have seen him? A. I looked in his face, and I was pulled away; fomebody elfe crowded to the partition. 2. Did this gentleman live in London that was with you? A. I do not know where he lives; you do not mean the gentleman in the carriage? 2. Yes, I do. A. Oh, I forget his name; Mr. Townfend I believe knows him; he was not in the booth with me. 2. Are you an acquaintance of Mr. Townfend's? A. No. Q. Where did you find that gentleman?. A. He is an acquaintance of my father's. 2 Who was entrusted by your father to carry his daughter to the races in a one-horfe chaife? A. Yes. 2. How long has he been acquainted with your father? A. I do not know; he is my ftep-father; does any body here know his name? 2. Do not afk any body else. A. I never was in his company but that one time. 2. Did he come from London? A. I do not know where he comes from; I believe he comes out of the country; he called at my father's, and as he was going down, my father asked him to carry me to the races. 2. Did he bring you back again? A. No, I came home in another gentleman's chaife cart. 2. What was that gentleman's name? A. I do not know him. 2. What part of Ponders?-End do you live in? A. I live juft by the two-Brewers. 2. Do you usually take thefe excurfions. A. I was with my fifters. very hard. 2. Try and recollect the name of one of thofe gentle men. A. I do not know either of their names; I never faw the gentleman that called in the morning before or fince. 2. Then 2. Then he did not come to you with a meffage from Mr. Townfend?, A. No, Sir; Mr. Townfend came to me himself. 2. Is this a young gentleman? A. No, he is an elderly gentleman; he is a farmer in the country. 2. Should you know his name if you was to hear it? A. I do not know. 2. Was it Stonefter? A. I do not think it was; I do not know. 2. Was it Bishop? A. I cannot fwear to his name. Mr. Townfend.I think the young woman's character is in fome measure at flake; therefore I wish to clear up this matter that young woman's father-in-law is a farmer, who has lived a long time in my neighbourhood, and is much refpected; the gentleman to whofe care fhe was intrusted, is an elderly man, whofe name is Chafe; he was going to the races in his one-horfe chaife; he told me of this circumflance; and my coachman faid that when Barrington faid, "Did any body fee me drop the watch?" a young woman in the next booth faid, "Yes; I did!" I related this to Mr. Smith, the Attorney to the India Company, and he faid this was a very material witness. Mr. Garrow.I fubmit Mr. Townsend cannot tell the converfations. Court-It does not go further than restoring the credit of the withiefs; therefore it is as fit as that all manner of circumAtances that do feem to bear against the credit of a witness hould be related, Mr. Townsend.-Mr. Smith faid, That will be a very material witnefs; I never could learn any thing about her, till on Saturday laft I went by accident to Mr. Chafe, who had been a long time a fervant to my father, and owed a small rent of 5 guineas or 51. He afked me about losing my watch, and he faid " A young woman, I carried to the races in my chaife, faw him drop the watch. Court. The circumstances were certainly fuch as made it the duty of the Council to go into the examination; but it was alfo equally fit to hear every thing that could be said to eftablith the credit of the witnefs, who certainly feemed to have gone to the races in a way that did not appear proper; there is no way of finding out the truth but by examining into all the circumstances. Court to Prifoner. Prifoner, you have heard the whole of the evidence that is against you; you are to state the matter of of fact to the Jury yourfelf, with the obfervations on the evidence on the part of the profecution: and by way of introduction to your own evidence, if you have any yourself; your counsel are only permitted to crofs examine the witneffes on the part of the profecution. This is the time for you to make your defence. Prifoner's Defence. May it please your Lordship, and you Gentlemen of the Jury, to favour me with your attention for a little time. The fituation of every person who has the misfortune to ftand here is extremely diftreffing and aukward; mine is fo in a peculiar degree; if I am totally filent, it may be confidered perhaps as a proof of guilt, and if I prefume to offer those arguments which prefent themfelves to my mind, in my defence, they may not perhaps be favoured with that attention which they might deferve; yet I by no means diftruft the candour and benevolence of the Jury, and therefore I will beg leave to proceed to ftate the circumstances of the cafe as they occur to me, not doubting but they will meet with fome degree of credit, notwithstanding the unhappy fituation I am in. Gentlemen, I was on the Raceground at Enfield, obferving the race on the day that the Indiament mentions, where I found myfelf furrounded by Mr. Townsend and numbers of others. Mr. Townfend faid, "Your name is Barrington, and you have taken my watch!" I told him he was right as to my name, but he accused me unjustly however I would go any where with him; I was removed from thence to a ftand, from whence the races were viewed; it confifted of two Booths, and they were feparated from each other with only a railing elbow high; and it is a great misfortune to me, Gentlemen of the Jury, that you were not able to obferve the fituation of those Boots; for if you had, you would have found it nearly impoffible that fome circumftances which have come from the witneffes could be true. I was clofe to the railing that feparated the two Booths, and fome perfon faid, "Here is a watch!" This watch Mr. Townsend claimed, and faid it was his. I was removed from thence to the Angel at Edmonton, where the examination took place; and I am very forry to be under the neceffity of obferving, that a very material difference has taken place in the depofitions delivered that day before the magiftrate in various refpecs. A witnefs, the coachman, pofitively declared that he did not fee this watch in my hand, that he did not fee me take it from my pocket, that he tion then. he did not fee it drop from the perfon; but that he faw it on the ground, and he might have gone fo far as to fay he saw it fall; I took the liberty of asking him one queftion, Whether he had feen this watch in my hand, whether he had feen it fall from me? He declared he did not. I then asked him, whether he could take upon himself to fwear, from the fituation he stood in at the adjoining booth, that this watch might not have dropped from fome other perfon: he declared he could not obferve any fuch thing. Gentlemen, with refpect to the evidence of Kendrick, he made the fame declaraMr. Townsend has brought me here, under the charge of having committed felony; he has told you, Gentlemen of the Jury, that he loft a watch out of his pocket, and that pocket is a waistcoat-pocket; that he was in a very extraordinary fituation; that he was on the Race Ground, where certainly the greatest decorum is not always obferved; and he was alfo in a fituation which exposed him more to the preffure he complained of, than any other person; for, inftead of his horfe being in the poffeffion of his jockey or groom, he attended it himself; and I muft beg leave to obferve, Gentlemen of the Jury, that it is a custom where people bet money at Races, to wish to see the horse immediately after the heat is over, fo that the preffure which Mr. Townfend had, or what he thought he had from me, could not appear very extraordinary, and I am under the neceflity of faying, his fancy has rather been improved on the occafion. With refpect, Gentlemen, to the laft Witness that has appeared, I will not fay any thing on the occafion; that will reft entirely upon you. It was a circumftance, however, of a moft extraordinary nature, that this perfon fhould never come forward till the prefent moment; and whether the contradictions and strange accounts the has given of herself are fuch as to entitle her to any credit, particularly in a fituation where the life or liberty of another is at stake, is not for me to obferve upon. Gentlemen of the Jury, it may perhaps be expected by many perfons in this place, that i hould fay a great deal about prepoffeffion and newspaper reports, and if I had the ability to do it, perhaps I fhould not be blamed; for he who has been the unhappy object of much defamation, has furely a right to deprecate its baneful effects-where much pains have been taken to defame, fome pains may be furely allowed to abate that defamation. Genflemen, that it has been the hard lot of fome unhappy perfons, to have been convicted of crimes they did really not commit, lefs through evidence than ill-natured report, is doubtlefs certain; and doubtlefs there are many refpectable per perfons now in Court, fully convinced of the truth of that obfervation. Such times, it is to be hoped, are paft; I dread not fuch a conviction in my own perfon: I am well convinced of the noble nature of a British Court of justice; the dignified and benign principles of its Judges; and the liberal and candid fpirit of its Jurors. Gentlemen, life is the gift of God, and liberty its greatest. bleffing; the power of difpofing of both, or either, is the greatest man can enjoy. It is alfo advantageous that, great as that power is, it cannot be better placed than in the hands of an English jury; for they will not exercife it like tyrants, who delight in blood; but like generous and brave men, who delight to fpare rather than to deftroy; and who, not forgetting they are men themfelves, lean, when they can, to the fide of compaflion. It may be thought, Gentlemen of the Jury, that I am applying to your paffions, and if I had the power to do it, I would not fail to employ it; the paffions animate the heart, and to the paffions we are indebted for the noblest actions; and to the paffions we owe our dearest and fineft feelings; and when it is confidered, the mighty power you now poffefs, whatever leads to a cautious and tender difcharge of it, must be thought of great confequence; as long as the paffions conduct us on the fide of benevolence they are our beft, our fafeft, and our most friendly guides. Gentlemen of the Jury, Mr. Townsend has deposed that he loft his watch, but how I truft is by no means clear; I trust, Gentlemen, you will confider the great, the almoft impoffibility, that having had the watch in my poffeffion for fo long a time, time fufficient to have concealed it in a variety of places, to have conveyed it to town, it fhould ftill be in my poffeffion. You have heard from Mr. Townsend, that there was an interval of at least half an hour between the time of lofing the watch and my being taken into cuftody: there is fomething, Gentlemen, impoffible in the circumftance: and, on the other hand, it has fometimes happened, that remorfe, a generous remorfe, has ftruck the minds of perfons in fuch a manner, as to have induced them to furrender themselves into the hands of Juf tice, rather than an innocent perfon fhould fuffer. It is not therefore, I fuppofe, improbable, that if Mr. Townsend loft his watch by an act of felony, the person who had the watch in his poffeffion, feeling for the fituation of an unhappy man, might be induced to place that watch on the ground. But it is by no means certain how Mr. Townsend loft his watch, whether by an af of felony or whether by |