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They took what they pleased, and left what Under what pretence?-With a secretary of they did not like ?-They took two or three, state's warrant. I think, away,
Did you tell the person who let you in that What did they do afterwards ? --The 'squire you had a secretary of state's warrant ?- I did dressed himself, and went with them to my not. Jord Rochford's office.
What did you tell the person who let you in What time in the morning did they go there? that you came for ?-I cannot tell the very - I think they got there about seven o'clock in words: I believe I said to this effect, that I had the morning, or between seven and eight, I am some business of consequence to communicate not positive, but it was about that time. to Mr. Sayre, and I should wish to see him.
How long did you stay at Mr. Sayre's Do you remember saying you came about a house?- I reckon we might stay there three draft that there was reason to believe was forgquarters of an hour.
ed ?-1 believe I did mention something of it. Did any body else come there while you Was the forged draft the warrant, or what were employed about this business ?--Nobody other thing did you allude to ?-Mr. Sayre was else came there.
then not stirring Where did you carry Mr. Sayre! He went So this forged draft was stirring before him? to my lord Rochford's office.
-Speaking of it was stirring before him. Did you go with bim ?- I did not go in the How came you to say that you came about coach, 1 followed the coach, and saw it there. a forged draft, when you were a king's (mes
You did not see any thing that passed after, senger armed with a warrant ?-Because I wards ?--No, I was not in the office.
wished to see Mr. Sayre. When Mr. Sayre came down to them, and And therefore you made a pretence of a they read the warrant, tell particularly in what forged draft, instead of telling bim you came manner they proceeded, and what they did ?- with a warrant ?- I did mention that, and with They said they had got a warrant for high- a view of his coming down stairs. treason : the 'squire did not seem to be at all That warrant I think you say you delivered dismayed: he said they should look, he was to Mr. Sneath ?—Yes. not afraid of any thing; he did not seem to be Is he the secretary to lord Rochford, or was the least discomposed; he said they were very he then?--He was first clerk then to lord Roch. welcome to look, he did not know that he had ford. done any thing amiss.
When were you served with a subpæna to Was Mr. Sayre in the room all the time they attend this trial?-Upon Monday last. were there?-Yes.
Before or after you delivered the warrant to Did he offer at any time to go out of that Mr. Sneath ?--After. room ?-No,
You were served with a subpæna to bring Did he ask to go any wbere else ?--He the warrant with you?-I read the subpoena, asked to go to dress himself, and they did not and finding it mentioned that I was to bring allow that; he had bis clothes brought into the the warrant or any other papers which I had, I room where he was.
went to Mr. Sneath to ask him for it: he told • They would not then permit him to go into me he bad not done with it. another room to dress ?- No.
When did you go to him ?--- On Monday. Did they keep the door open or shut? It How long after you delivered it?-.-Within was shut: they ordered me to lock the door an hour after I received the subpæna. when I went in, but I saw the 'squire was not How long had you delivered it before you dismayed, and I did not lock it.
received the subpæna ?---] believe it might be Did they make use of any excuse to get into three or four hours. Mr. Sayre's house ?—Yes, that they had some Did you go to him upon Tuesday !--No, I particular business, and must see the 'squire. did not.
Did they say what the business was ?--They Did you go to him upon Wednesday ?---I mentioned something that they wanted to see went to him upon Wednesday, and told bim bim abont a note.
the same. Edward Mann sworn.
He had not done with it then ---He told
me that it was mislaid, and he could not Examined by Mr. Davenport.
find it. You are a secretary of state's or a king's Then it is lost? --- I don't know. messenger, are not you ?-A king's messenger. What do you believe about it?--- I believe it
Pray have you got the warrant ?-No, I is mislaid, I only guess by Mr. Sneatb's words. have not.
Will you be so good as to tell me whose Had not you the warrant ? - Yes, I had. hand-writing it was, and by whom signed ?--What became of it?-I gave it to Mr. Sneath. Signed by lord Rochford.
Who is he?- The first clerk in tbe secretary What was it an anthority to do?---I believe of state's office.
it runs in the usual form that warrants do: I : When did you give it him ?-Last Monday. bave ove at home I had 15 years ago, and it
Did you go, upon the 23d of October, with runs in a similar form to that. Wood the constable to Mr. Sayre's house - I Was it a warrant to take him for high treadiw.
son ?-.-To tbe best of my remembrance it was.
Signed by lord Rochford; and to apprehend some, and sir Stanyer Porten others, and re-
Those that were to be brought away, they I believe afterwards you saw Mr. Sayre; gave to you or Staley - I took them. did he come down to you or you go up to him? Then you brought them to lord Rochford ?.... --- Squire Sayre came down to us.
To lord Kochford's office. What did you then order to be done to him ; How long were you there ?..- I believe we did you order him to be locked up ?---I told might be there about an hour and a quarter. I Mr. Sayre that I was come on business which will uot be exact, I did not make minutes. was very disagreeable to me, and I was afraid What became of Mr. Sayre then ?---He was it would be so to him ; that we had a secretary shewo into a room where lord Rochford reof state's warrant to take bim into custody, and ceives foreign ministers. after that to seize bis papers.
What became of him after this bour and When be came down to you, did you permit quarter ---Mr. Sayre ordered his own earhim to go about to dress himself, or any thing? riage, be got into it, and Mr. Staley and me For that, I refer you to Mr. Sayre.
went to lord Rochford's office. For that, he cannot be a witness, and there- How long did he remain at the office?-1 fore I refer to you.---After this Mr. Sayre asko believe, an hour and a quarter, or an hour and ed to have permission to shave himself; I told 20 minutes. bim that and any thing else that he desired. What became of you then ?- Then we bad · Then you permitted bim to go up stairs for another warrant given to us. bis clothes ?--He did wot desire to go up stairs What became of tbat?-That I gave to the for his clothes, he rang the bell and ordered his deputy constable of the Tower, and left it with clothes to be brought to him.
him. Then he did not desire to go into any room? Did you carry Mr. Sayre 10 the Tower?---He did desire to go up stairs.
We sent for a hackney coach ; and Mr. Sta"That was not permitted, I take it ?---It was ley and me went with Mr. Sayre to the Tower
By whose orders ? --In consequence of the And to go into another room ?--- Yes.
warrant. To dress himself there !---To speak to Mrs. What was the message to the lieutenant of Sayre, who was then at breakfast.
the Tower when you delivered bim ?-We had Who went into the room, you or Staley ?--- no message. I went along with bim; but if I am not mis- Only the delivery of the warrant ?-The detaken it was by Mr. Sayre's desire ; but in that livery of the warrant and Mr. Sayre. I will not be positive.
There ended your duty ?-I took a receipt. 2. Afterwards you brought him before my lord You took a receipt for the body, and tbere Rochford ?---We did.
left him ?-Yes, and there left him. Did you bring with you any papers of bis ?
John Tally sworn. ---We did. Did you searcb and look into a number of
Exainined by Mr. Alleyne. papers before you took away those that you I believe at the time of this arrest, you mere thought material ?...I do not properly křow one of Mr. Sayre's elerks?-) was. wbat is searching. I told Mr. Sayre we were Do you remember the circumstance of the to take his papers, in consequence of which he messengers coming to Mr. Sayre's ?- I do. himself opened his drawers.
Do you remember what passed between you Did you take any ?.--No, we took none, Mr. and them at that time? I took minutes of it Sayre took them and gave them to us. at the time, if you will give me leare to
You took all that he gave you ?... No, be read it. held several papers in his hand, and said, this is Mr. Attorney General. When did you take such a paper, and this such, and we took his those minutes?Soon after. word.
How soon ?-Two days after ; but I can So then you looked at none but what you remember it without my notes, if you choose brought away ?---We looked at some, and "re. it: [The witness proceeds without referring to turned them.
his minutes.] On Monday the 230 of October, You took his word for some, looked into between eight and nine, I was at breakfast in others, and brought away what you thought the office : our porter came and told me, three proper?---Some were brought
away ; I did not gentlemen wanted Mr. Sayre: I went into the look into any papers.
parlour; Mr. Sayre was not up: 1 asked them I thought you said just now, you read some if they wanted Mr. Sayre; they told me they of them -- I did not say I read some, some
did, upon very particular business: I toid were read and returned.
them the servant bad joformed me he had callWho read them ?---Sir Stanyer Porten and ed him, and if it was very urgett business be Mr. Willis.
would call bim a second time: they said it Who was sir Stanyer Porten ?---He was then was ; it was about a forgery upon the house : first secretary to lord Rochford.
I asked, whai kiod of forgery: they imme Then the papers were under his inspection ? diately made answer, that it was a house zote --Mr. Sayre banded them; Mr. Willis took of 2001., and they supposed it was fabricatesi
in Holland : I did not ask them to let me see | legal manner before if you mean to say that, it, but immediately sent a second time for Mr. you will shew how it comes within the case. Sayre: I went into the office, waiting for the Mr. Alleyne. This must be in reply to the other clerk to come; as soon as he came justificatioo; I will not anticipate it. went into the parlour, and asked Mr. Sayre if L. C. J. De Grey. To be sure, you should he wanted me: he said, No: I thought it ex not. eeeding odd that he did not mention the Mr. Attorney General. The difficulty is, forgery: I came back, and mentioned it to the knowing it to be false: I don't care to seem to other clerk, and told him that the people were oppose it. looking over the papers, and I thought it L. C. J. De Grey. Let it be false or not, something very extraordinary that Mr. Sayre we should not go into matter that is extrane did not mention the forgery: a gentleman ous to the cause. Do you want to go into came in, and Mr. Sayre had just an opportu more witnesses to prove these facts ? These nity of saying that he was in custody of the facts, I presume, will not be denied. king's messengers.
Mr. Serj. Glynn. We shall call no more Did you stay in the room, and see every witnesses to any of these facts. thing that passed ? I did not stay a minute in L. C. J. De Grey. The jury must have a the room.
full insight now into the manner in which this You saw the papers rummaged ?--The pa warrapt was executed. pers were spread upon a table, and they were Mr. Serj. Glynn. We shall ask no more examining them.
about the first warrant.* Do you know whether it was permitted Mr.
John Reynolds, esq. sworn. Sayre to come into the shop? He did not come into the shop: whether there was any
Examined by Mr. Lee. permission I cannot say.
Were you at the secretary of state's office Had you any conversation with Mr. Sayre, during the examination of Mr. Sayre, upon and where, before he left the bouse?-I had the 23d of October last ? - Upon the 230 of not: I went to acquaint a friend or two of the October, my lord, I was attending my duty, as situation Mr. Sayre vas in, and did not return under sheriff of this county, at Tyburn ; and till Mr. Sayre was in the Tower.
while I was there, I received a message by At this time Mr. Sayre was a banker ? one of Mr. Sayre's servants, that he desired to
see me instantly. In consequence of that Mr.Alleyne. ) fancy such an attack as this message, I left the melancholy business in would pecessarily have a very bad consequence. which I was then employed, and went to the
Mr. Attorney General. Do you go for spe-banking bouse of Mr. Sayre: the clerks told cial damages ?
me he was then carried to my lord Rochford's Mr. Alleyne. No, general damages. office by messengers, upon a charge of high
L. C. J. De Grey. It is proved, that be is treason. I got into a hackney-coach, and a bapker: any body may form an opinion went down to the Secretary of State's office. what an effect a thing of this sort would have. I sent my name in to my lord Rochford, that I
Tally. Mr. Sayre bad settled matters that understood Mr. Sayre was there in custody, day and the day before ; be was to have gone upon a charge of a criminal nature, and I deout of town for ten days or a fortnight, on sired, as his solicitor, to have access to him. Monday evening, or Tuesday morning, to Bath. I received no answer to this message, from the
Before this business happened, did you ob- person, but that it was very well. I told the serve any thing particular about the bouse ? - person who brought me that answer, that I Some time before, I cannot be certain how must have another sort of answer; that I must Jong, but it was previous to this event, there have access to Mr. Sayre; I would not be was a guard of soldiers at sundry times about shuffled in that way, but insisted upon being the house: our watcbman came and told me, admitted. The person came to me again, and he thought it exceediogly odd : there was a said, if I bad any thing to communicate to Mr. vacant space of ground; it is now built upon, Sayre, I might do it in writing : my answer to near it, by lord Paulett, where the soldiers that was, I came there in the character of his
solicitor, and I insisted upon having access to Mr. Serj. Davy. This is not evidence. him; that if my lord Rochford did not admit
Tally. The watchman came and told me me, I must apply to Mr. Serj. Glyon, his there were some soldiers : asked him at what counsel, and bring bim there ; and see whetime they came, and how they came there ? it ther bis lordship would refuse him admission, was about eleven o'clock.
or not. Upon that peremptory message, I was L. C. J. De Grey. You have not declared admitted into an outer room.
The first person opon any thing of this sort; you declare for 1 saw was sir John Fielding: he accosted me, the trespass and imprisonment; if you mean and said, Mr. Reynolds, did Mr. Sayre send to say that this arrest and trespass, as it is stats for you ?" I said, Yes, Sir: said be, That is not ed, was not done in consequence of this warrant, we ought to say, it is an illegal warrant; * I suspect that there are some errors in for that there bad been a premeditated design this report of what occurred during the examito surround his house, and arrest him in an il-nation of John Tally.'
true: I replied, I am very sorry for that, sir / of state. I applied again the next day, and I John Fielding. Lord Rochford was present: applied several times afterwards, but never I said, I should not take that language from could get access to Mr. Sayre; and I never sir John Fielding in another place. Lord saw him till I found him before the Lord Chief Rochford interfered, whom then I did not per Justice of the court of King's-bench, by a writ sonally know, and 1 expressed some warmth of Habeas Corpus. abont ihe difficulty of a gentleman, in the cha- L.C. J. De Grey. These several applicaracter of a solicitor, or as a private friend, bav- lions were to the Tower, not to the secretary of ing access to a person who wasthere in custody, state's office ?-Yes, not to the secretary of upon a charge of a criminal nature. I then state's office. I was present when Mr. Alleyne desired that they would ask Mr. Sayre the and Mr. Lee, as counsel for Mr. Sayre, applied question, whether he sent for me or not? Mr. for access, stating to the lieutenant-governor of Sayre was in another room: application was the Tower the reasons for that application, that made to Mr. Sayre, and, as I was informed by they were coupsel retained for him, and wished my lord Rochford, Mr. Sayre said, I did send to see him to consult about the measures for his for Mr. Reynolds ; upon wbich my lord Roch- enlargement. The major gave those two genford admitted ine into the presence of Mr. tlemen the same sort of auswer that he had Sayre. I found Mr. Sayre under an examina- given me, as I before stated. tion, as I understood, and a clerk writing at a You mentioned that you withdrew after oftable : I then charged him not 10 answer any fering bail, and then a warrant was sent out for questions ; not to sign any, papers ; that the the commitment : how long was it between the very moment he did one or the other, or seem- time of your withdrawing and the warrant ed Jisposed to do one or the other, I would being sent out ?--After I went into the otber leave the room. Lord Rochford said, Is that the advice you give your client, Mr. Reynolds ? *“On the 28th of October, by virtue of a Yes, my lord, it is the advice I give him ; 1 Habeas Corpus granted by lord Mansfield
, am answerable for that advice, and
I shall give Mr. Sayre was conveyed, by the proper offihim no other. Then, said he, Sir, I think you cers, from the Tower to his lordship's house in give him very wrong advice. Mr. Sayre then Bloomsbury-square. Messrs. Adair
, Dayrell, desired, that the minutes of his examination, Lucas, and Alleyne, attended on the part of so far as it had gone, might be read : they Mr. Sayre, and Mr. White, partner with the were read: the information of Mr. Richardson solicitor of the Treasury, on the part of the was also read. Upoo hearing the information crown. After the two first inentioned gentleread, I laughed exceedingly; I said, tbe men had spoken for some little time on the charge was too ridiculous to be attended to se subject of Mr. Sayre's being committed to close riously a moment. Either my lord Rochford confinement, by virtue of the warrant of comor sir John Fielding, I cannot determine which, mitment, which only conveyed a general said, Why, Sir? It is upon oath. I answered, charge, and Mr. White bad declared that he looking at Richardson, who was there present, had no instructions to oppose the bail, bis I know that gentleman's character too well to lordship called for the warrant of commitment
, give credit to any thing that he swears, or and immediately on perusing it, pronounced words to that effect ; upon which Mr. Richard- that he had not ihe least doubt of Mr. Sayre's son called for the protection of the magistrates : being entitled to bail ; as he observed, that that he said, he was not to be there insulted. I then gentleman was only charged with treasonable said, that if under the authority of sir John practices, and that he, lord Mansfield, should Fielding and his lordship, I was not perunitted not have refused the bail, if Mr. Sayre bad to say it there, I would say it again in another come without any counsel. Bail was accordplace. I then said to my lord Rochford, after ingly directly offered and accepted; riz. Mr. this altercation had passed, if, after consulting Sayre himself in 5001. and John Reynolds, and the great law officers of the crown, they should Coote Purdon, esqrs. in 250l. each. be ot opinion with me, that this is not a charge “ After the business was over, Mr. Sayre of high treason, and a bailable offence, I then thanked his lordship for the great politeness am ready to give good and sufficient bail for and candour be bad shewn on the occasion ; Mr. Sayre ; but if they should be of another and hoped his lordship would always act in the opinion, I have no favour to ask : I was then like impartial manner according to the consti
: ordered with Mr. Sayre and the messengers tution. • I hope so too,' replied his lordship; into another room. That is all I know with • let us both act according to the constitution, respect to what passed that day at the Secre- • and we shall
avoid all difficulties and dangers? tary of State's office.
“The lord mayor and several other friends of Did you apply at the Tower for admission to Mr. Sayre, attended upon this occasion.
Old Rainsford between seven and eight o'clock that Bailey, upon motion on behalf of Mr. Sayre
, evening for access to Mr. Sayre; the answer the recognizance entered into before lord Mans. given to me by major Raipsford was, that Mr. field, on October 28th, was discharged." AdSayre was a close prisoner ; that, under that poal Register for 1775, Appendix to Chronicle
, commitment, no person could have access 10 p. 242, where is a brief account of the previous him without a special order from the secretary proceedings against Sayre.
room I had three or four minutes conversation one of his majesty's principal secretaries of with Mr. Sayre, in the presence of the messen- state, with treasonable practices, and to keep gers; then I withdrew and went to bis bank- him in safe and close custody until be shall be ing-house, and sent an express for bis partner, delivered by due course of law; and for so for fear of the consequences of the commit- doing this shall be your warrant. Given at St. ment. I had not been in Mr. Sayre's house two James's on the 231 of October, 1775, in the mioutes before a letter came from Mr. Sayre, 15th year of his majesty's reigo. acquainting Mrs. Sayre, which was opened in “ To earl Cornwallis, constable of bis mamy presence, that he was now committed a jesty's Tower of London ; or to the lieutenant close prisoner to the Tower.
of the Tower, or his deputy.” L. C. J. De Grey. Do you know what became of the papers which I understand were L. C. J. De Grey. Are all your warrants carried to lord Rocliford's office ?-Tbey were will prisoners committed into your custody, to sent to me afterwards, I think it was after the receive them into close custody ?--No; in the access of Mrs. Sayre, by her hands, from the case of lord Ferrers and lord Byron, for murTower.
der, who were committed by the House of L. C. J. De Grey. Then they were returned Lords, these warrants were conceived in other to Mrs. Sayre?-) understand they were. terms; but the warrants from the secretary of Major Ruinsford sworn.
state, which are for state prisoners, are always Examined by Mr. Alleyne.
to close custody.
Have you got the warrant for the admission Do you remember receiving Mr. Sayre into of Mrs. Šayre?-I have. [Produces it.] your custody ?-Yes. Do you recollect at what time ?-Upón tbe Nobody.
Was any body else permitted to see him ?33d of October. Have you the warrant ?-I bave. [Pro
The Order for the Admission of Mrs. Sayre duces the warrant.]
« October 23, 1775. By virtue of this warraut you received Mr. Sayre into close custody ?-I did.
“ William Henry, earl of Rochford, one of Did you refuse any person's seeing him ?- the lords of his majesty's most honourable Yes. I did."
privy council, and principal secretary of state, Did you conceive yourself bound so to re- 1 &c. &c. &c. fuse, because it was directed you in the war
“ These are in his majesty's name to authorant to keep bim in close custody ?—I do. By rise and require you to permit and suffer Mrs. the practice of the Tower, when a person is Sayre to have access, from time to time, to ordered to be kept in close custody, no person is Stephen Sayre, esq. her husband, a prisoner in to have access to him but by an order of the your custody; and for so doing this shall be secretary of state; and, in consequence of that, your warrant. Given at St. James's tbe 23d I did refuse several persons access to him.
ROCHFORD.” Do you know my lord Rochford's hand
“ To earl Cornwallis, constable of bis mawriting ?
jesty's Tower of London; or to the lieutenant Mr. Serj. Dady.
That is not meant to be of the Tower, or his deputy.” disputed.
Mr. Serj. Adair. We are now going to prove L. C. J. De Grey. Did you receive any par- that applications were made at the Secretary ticular directions from the secretary of state ? of State's office by some gentlemen for admis-No.
sion to Mr. Sayre, which were refused.
Examined by Mr. Serj. Adair. 6 October 23, 1775. Did you make any application, or were you “ William Henry, earl of Rochford, one of present when any application was made at ihe the lords of his Majesty's most bod. privy coun- Secretary of State's office respecting Mr. cil, and principal secretary of state, &c. &c. Sayre ? - Upon the 23d of October I received
“ These are in his majesty's name to autho- a note from Mrs. Sayre, to acquaint me that rise and require you to receive into your cus. her husband was committed ; and about an tody the body of Stephen Sayre, esq. herewith hour afterwards she sent a gentleman to ine, sent yoa, being chargedt upon oath before me, that I supposed was either a clerk or one of the
partners iv the bank, reqnesting that I would * See Vol. 19, p. 983.
go down to the Secretary's office and try what + In a Note to the 420 Letter of Junius, dated I could do for the service of her husband who January 30, 1771, (see Woodfall's edition, vol. was under those disagreeable circumstances, 2, pp. 191, 192,) is some criticism on the offi. and to take such steps as I thought proper cial French of this lord Rocbford. The lan- upon the occasion : upon this I went and apguage of this warrant is aukward. Concern-plied to some of my friends, and consulted ing the doctrine that a relative is to be referred them to kuow what was proper to be done. I to the last antecedent, see rol. 10, p. 147 ; vol. applied to lord Effingham, and we went toge19, p. 1110.
ther to Mr, Burke, and we agreed that it was YOL, XX.