Under what pretence?-With a secretary of state's warrant. They took what they pleased, and left what they did not like ?-They took two or three, I think, away. What did they do afterwards?-The 'squire dressed himself, and went with them to my lord Rochford's office. What time in the morning did they go there? -I think they got there about seven o'clock in the morning, or between seven and eight, I am not positive, but it was about that time. How long did you stay at Mr. Sayre's house?—I reckon we might stay there three quarters of an hour. Did any body else come there while you were employed about this business?-Nobody else came there. Where did you carry Mr. Sayre?-He went to my lord Rochford's office. Did you go with him?-I did not go in the coach, I followed the coach, and saw it there. You did not see any thing that passed after, wards? No, I was not in the office. When Mr. Sayre came down to them, and they read the warrant, tell particularly in what manner they proceeded, and what they did?They said they had got a warrant for hightreason: the 'squire did not seem to be at all dismayed: he said they should look, he was not afraid of any thing; he did not seem to be the least discomposed; he said they were very welcome to look, he did not know that he had done any thing amiss. Was Mr. Sayre in the room all the time they were there?-Yes. Did he offer at any time to go out of that room ?-No, Did he ask to go any where else?-He asked to go to dress himself, and they did not allow that; he had his clothes brought into the room where he was. . They would not then permit him to go into another room to dress?-No. Did they keep the door open or shut?—It was shut they ordered me to lock the door when I went in, but I saw the 'squire was not dismayed, and I did not lock it. Did they make use of any excuse to get into Mr. Sayre's house?-Yes, that they had some particular business, and must see the 'squire. Did they say what the business was ?—They mentioned something that they wanted to see him about a note. Edward Mann sworn. You are a secretary of state's or a king's messenger, are not you ?—A king's messenger. Pray have you got the warrant ?—No, I have not. Had not you the warrant ? Yes, I had. What became of it?—I gave it to Mr. Sneath. Who is he?-The first clerk in the secretary of state's office. When did you give it him?-Last Monday. Did you go, upon the 23d of October, with Wood the constable to Mr. Sayre's house?—I did. Did you tell the person who let you in that you had a secretary of state's warrant ?—I did hot. What did you tell the person who let you in that you came for ?-I cannot tell the very words: I believe I said to this effect, that I had some business of consequence to communicate to Mr. Sayre, and I should wish to see him. Do you remember saying you came about a draft that there was reason to believe was forged? I believe I did mention something of it. Was the forged draft the warrant, or what other thing did you allude to ?—Mr. Sayre was then not stirring. So this forged draft was stirring before him? -Speaking of it was stirring before him. How came you to say that you came about a forged draft, when you were a king's [messenger armed with a warrant?-Because I wished to see Mr. Sayre. And therefore you made a pretence of a forged draft, instead of telling him you came with a warrant?—I did mention that, and with a view of his coming down stairs. That warrant I think you say you to Mr. Sneath ?—Yes. delivered Is he the secretary to lord Rochford, or was he then?—He was first clerk then to lord Rochford. When were you served with a subpœna to attend this trial?-Upon Monday last. Before or after you delivered the warrant to Mr. Sneath ?-After. You were served with a subpoena to bring the warrant with you?-I read the subpoena, and finding it mentioned that I was to bring the warrant or any other papers which I had, I went to Mr. Sneath to ask him for it: he told me he had not done with it. When did you go to him ?---On Monday. How long after you delivered it?---Within an hour after I received the subpoena. How long had you delivered it before you received the subpoena ?---1 believe it might be three or four hours. Did you go to him upon Tuesday ?---No, I did not. Did you go to him upon Wednesday ?---I went to him upon Wednesday, and told him the same. He had not done with it then?---He told me that it was mislaid, and he could not find it. Then it is lost?---I don't know. What do you believe about it?--I believe it is mislaid, I only guess by Mr. Sneath's words. Will you be so good as to tell me whose hand-writing it was, and by whom signed ?-.Signed by lord Rochford. What was it an authority to do?--I believe it runs in the usual form that warrants do: I have one at home I had 15 years ago, and it runs in a similar form to that. Was it a warrant to take him for high treason?---To the best of my remembrance it was. Signed by lord Rochford; and to apprehend Mr. Sayre for high treason?---Mr. Stephen Sayre. I believe afterwards you saw Mr. Sayre; did he come down to you or you go up to him? ---'Squire Sayre came down to us. What did you then order to be done to him; did you order him to be locked up?---I told Mr. Sayre that I was come on business which was very disagreeable to me, and I was afraid it would be so to him; that we had a secretary of state's warrant to take him into custody, and after that to seize his papers. When he came down to you, did you permit him to go about to dress himself, or any thing? For that, I refer you to Mr. Sayre. For that, he cannot be a witness, and therefore I refer to you.---After this Mr. Sayre asked to have permission to shave himself; I told him that and any thing else that he desired. Then you permitted him to go up stairs for bis clothes?-He did not desire to go up stairs for his clothes, he rang the bell and ordered his clothes to be brought to him. Then he did not desire to go into any room? ---He did desire to go up stairs. That was not permitted, I take it?---It was permitted. And to go into another room ?--Yes. To dress himself there?--To speak to Mrs. Sayre, who was then at breakfast. Who went into the room, you or Staley ?--I went along with him; but if I am not mistaken it was by Mr. Sayre's desire; but in that I will not be positive. Afterwards you brought him before my lord Rochford ?We did. Did you bring with you any papers of his? -We did. Did you search and look into a number of papers before you took away those that you thought material?--I do not properly know what is searching. I told Mr. Sayre we were to take his papers, in consequence of which he himself opened his drawers. Did you take any ?---No, we took none, Mr. Sayre took them and gave them to us. You took all that he gave you ?-No, he held several papers in his hand, and said, this is such a paper, and this such, and we took his word. So then you looked at none but what you brought away ?---We looked at some, and re. turned them. You took his word for some, looked into others, and brought away what you thought proper?---Some were brought away; I did not look into any papers. I thought you said just now, you read some of them ---I did not say I read some, some were read and returned. Who read them?---Sir Stanyer Porten and Mr. Willis. Who was sir Stanyer Porten?---He was then first secretary to lord Rochford. Then the papers were under his inspection? Mr. Sayre handed them; Mr. Willis took some, and sir Stanyer Porten others, and returned them. Those that were to be brought away, they gave to you or Staley ?--I took them. Then you brought them to lord Rochford ?--To lord Rochford's office. How long were you there ?---I believe we might be there about an hour and a quarter. I will not be exact, I did not make minutes. What became of Mr. Sayre then?--- He was shewn into a room where lord Rochford receives foreign minsters. What became of him after this hour and quarter ?---Mr. Sayre ordered his own earriage, he got into it, and Mr. Staley and me went to lord Rochford's office. How long did he remain at the office?-] believe, an hour and a quarter, or an hour and 20 minutes. What became of you then?-Then we bad another warrant given to us. What became of that ?-That I gave to the deputy constable of the Tower, and left it with him. Did you carry Mr. Sayre to the Tower?We sent for a hackney coach; and Mr. Staley and me went with Mr. Sayre to the Tower. By whose orders?-In consequence of the no message. Only the delivery of the warrant?—The delivery of the warrant and Mr. Sayre. There ended your duty ?-I took a receipt. You took a receipt for the body, and there left him?—Yes, and there left him. John Tally sworn. I believe at the time of this arrest, you were one of Mr. Sayre's clerks ?—I was. Do you remember the circumstance of the messengers coming to Mr. Sayre's?—I do. Do you remember what passed between you and them at that time?—I took minutes of it at the time, if you will give me leave to read it. Mr. Attorney General. When did you take those minutes?-Soon after. › How soon ?-Two days after; but I can remember it without my notes, if you choose it. [The witness proceeds without referring to his minutes.] On Monday the 23d of October, between eight and nine, I was at breakfast in the office: our porter came and told me, three gentlemen wanted Mr. Sayre: I went into the parlour; Mr. Sayre was not up: I asked them if they wanted Mr. Sayre; they told me they did, upon very particular business: I told them the servant bad informed me he had called him, and if it was very urgent business he would call him a second time: they said it was; it was about a forgery upon the house: I asked, what kind of forgery: they immediately made answer, that it was a house-note of 2007., and they supposed it was fabricated in Holland: I did not ask them to let me see it, but immediately sent a second time for Mr. Sayre: I went into the office, waiting for the other clerk to come; as soon as he came went into the parlour, and asked Mr. Sayre if he wanted me he said, No: I thought it exeeeding odd that he did not mention the forgery: I came back, and mentioned it to the other clerk, and told him that the people were looking over the papers, and I thought it something very extraordinary that Mr. Sayre did not mention the forgery: a gentleman came in, and Mr. Sayre had just an opportu nity of saying that he was in custody of the king's messengers. Did you stay in the room, and see every thing that passed?-I did not stay a minute in the room. You saw the papers rummaged?—The papers were spread upon a table, and they were examining them. Do you know whether it was permitted Mr. Sayre to come into the shop?-He did not come into the shop: whether there was any permission I cannot say. Had you any conversation with Mr. Sayre, and where, before he left the house?-I had not: I went to acquaint a friend or two of the situation Mr. Sayre was in, and did not return till Mr. Sayre was in the Tower. At this time Mr. Sayre was a banker ?— Yes. Mr.Alleyne. I fancy such an attack as this would pecessarily have a very bad consequence. Mr. Attorney General. Do you go for special damages? Mr. Alleyne. No, general damages. Mr. Attorney General. The difficulty is, knowing it to be false: I don't care to seem to oppose it. L. C. J. De Grey. Let it be false or not, we should not go into matter that is extrane ous to the cause. Do you want to go into more witnesses to prove these facts? These facts, I presume, will not be denied. Mr. Serj Glynn. We shall call no more witnesses to any of these facts. L. C. J. De Grey. The jury must have a full insight now into the manner in which this warrant was executed. Mr. Serj. Glynn. We shall ask no more about the first warrant.* John Reynolds, esq. sworn. Examined by Mr. Lee. Were you at the secretary of state's office during the examination of Mr. Sayre, upon the 23d of October last?-Upon the 23d of October, my lord, I was attending my duty, as under sheriff of this county, at Tyburn; and while I was there, I received a message by one of Mr. Sayre's servants, that he desired to see me instantly. In consequence of that message, I left the melancholy business in which I was then employed, and went to the banking-bouse of Mr. Sayie: the clerks told me he was then carried to my lord Rochford's office by messengers, upon a charge of high L. C. J. De Grey. It is proved, that he is treason. I got into a hackney-coach, and a banker: 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 had settled matters that understood Mr. Sayre was there in custody, day and the day before; he 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 house?-person who brought me that answer, that I Some time before, I cannot be certain how long, but it was previous to this event, there was a guard of soldiers at sundry times about the house: our watchman came and told me, he thought it exceedingly odd: there was a vacant space of ground; it is now built upon, near it, by lord Paulett, where the soldiers were. Mr. Serj. Davy. This is not evidence. Tally. The watchman came and told me there were some soldiers: 1 asked him at what time they came, and how they came there? it was about eleven o'clock. must have another sort of answer; that I must 1 saw was sir John Fielding: he accosted me, L. C. J. De Grey. You have not declared upon any thing of this sort; you declare for the trespass and imprisonment; if you mean to say that this arrest and trespass, as it is stated, 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 had 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 John Fielding. Lord Rochford was present: I said, I should not take that language from sir John Fielding in another place. Lord Rochford interfered, whom then I did not personally know, and I expressed some warmth about the difficulty of a gentleman, in the character of a solicitor, or as a private friend, having access to a person who was there in custody, upon a charge of a criminal nature. I then desired that they would ask Mr. Sayre the question, whether he sent for me or not? Mr. Sayre was in another room: application was made to Mr. Sayre, and, as I was informed by my lord Rochford, Mr. Sayre said, I did send for Mr. Reynolds; upon which my lord Rochford admitted me into the presence of Mr. Sayre. I found Mr. Sayre under an examination, as I understood, and a clerk writing at a table: I then charged him not to answer any questions; not to sign any papers; that the very moment he did one or the other, or seemed disposed to do one or the other, I would leave the room. Lord Rochford said, Is that the advice you give your client, Mr. Reynolds? Yes, my lord, it is the advice I give him; I am answerable for that advice, and I shall give him no other. Then, said he, Sir, I think you give him very wrong advice. Mr. Sayre then desired, that the minutes of his examination, so far as it had gone, might be read: they were read the information of Mr. Richardson was also read. Upon hearing the information read, I laughed exceedingly; I said, the charge was too ridiculous to be attended to seriously a moment. Either my lord Rochford or sir John Fielding, I cannot determine which, said, Why, Sir? It is upon oath. I answered, looking at Richardson, who was there present, I know that gentleman's character too well to give credit to any thing that he swears, or words to that effect; upon which Mr. Richardson called for the protection of the magistrates: he said, he was not to be there insulted. I then said, that if under the authority of sir John Fielding and his lordship, I was not permitted to say it there, I would say it again in another place. I then said to my lord Rochford, after this altercation had passed, if, after consulting the great law officers of the crown, they should be of opinion with me, that this is not a charge of high treason, and a bailable offence, I then am ready to give good and sufficient bail for Mr. Sayre; but if they should be of another opinion, I have no favour to ask: I was then ordered with Mr. Sayre and the messengers into another room. That is all I know with respect to what passed that day at the Secretary of State's office. : Did you apply at the Tower for admission to Mr. Sayre as his solicitor ?-I applied to major Rainsford between seven and eight o'clock that evening for access to Mr. Sayre; the answer given to me by major Rainsford was, that Mr. Sayre was a close prisoner; that, under that commitment, no person could have access to him without a special order from the secretary of state. I applied again the next day, and I applied several times afterwards, but never could get access to Mr. Sayre; and I never saw him till I found him before the Lord Chief Justice of the court of King's-bench, by a writ of Habeas Corpus.* L. C. J. De Grey. These several applications were to the Tower, not to the secretary of state's office?—Yes, not to the secretary of state's office. I was present when Mr. Alleyne and Mr. Lee, as counsel for Mr. Sayre, applied for access, stating to the lieutenant-governor of the Tower the reasons for that application, that they were counsel retained for him, and wished to see him to consult about the measures for his enlargement. The major gave those two gentlemen the same sort of answer that he had given me, as I before stated. You mentioned that you withdrew after of fering bail, and then a warrant was sent out for the commitment: how long was it between the time of your withdrawing and the warrant being sent out?-After I went into the other "On the 28th of October, by virtue of a Habeas Corpus granted by lord Mansfield, Mr. Sayre was conveyed, by the proper offi cers, from the Tower to his lordship's house in Bloomsbury-square. Messrs. Adair, Dayrell, Lucas, and Alleyne, attended on the part of Mr. Sayre, and Mr. White, partner with the solicitor of the Treasury, on the part of the crown. After the two first mentioned gentlemen had spoken for some little time on the subject of Mr. Sayre's being committed to close confinement, by virtue of the warrant of com mitment, which only conveyed a general charge, and Mr. White had declared that he had no instructions to oppose the bail, his lordship called for the warrant of commitment, and immediately on perusing it, pronounced that he had not the least doubt of Mr. Sayre's being entitled to bail; as he observed, that that gentleman was only charged with treasonable practices, and that he, lord Mansfield, should not have refused the bail, if Mr. Sayre had come without any counsel. Bail was accordingly directly offered and accepted; viz. Mr. Sayre himself in 500l. and John Reynolds, and Coote Purdon, esqrs. in 2507. each. "After the business was over, Mr. Sayre thanked his lordship for the great politeness and candour he had shewn on the occasion; and hoped his lordship would always act in the like impartial manner according to the consti tution. 'I hope so too,' replied his lordship; 'let us both act according to the constitution, ' and we shall avoid all difficulties and dangers.' "The lord mayor and several other friends of Mr. Sayre, attended upon this occasion. "On December 13th following at the Old Bailey, upon motion on behalf of Mr. Sayre, the recognizance entered into before lord Mansfield, on October 28th, was discharged." Annual Register for 1775, Appendix to Chronicle, p. 242, where is a brief account of the previous 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 his bank-him in safe and close custody until he shall be ing-house, and sent an express for his 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 23d of October, 1775, in the minutes before a letter came from Mr. Sayre, 15th year of his majesty's reign. acquainting Mrs. Sayre, which was opened in my presence, that he was now committed a close prisoner to the Tower. L. C. J. De Grey. Do you know what became of the papers which I understand were carried to lord Rochford's office ?-They were sent to me afterwards, I think it was after the access of Mrs. Sayre, by her hands, from the Tower. L. C. J. De Grey. Then they were returned to Mrs. Sayre?—I understand they were. Major Rainsford sworn. Examined by Mr. Alleyne. Do you remember receiving Mr. Sayre into your custody?—Yes. Do you recollect at what time?-Upon the 23d of October. Have you the warrant?-I have. [Produces the warrant.] By virtue of this warrant you received Mr. Sayre into close custody?—I did. Did you refuse any person's seeing him?Yes. I did.* Did you conceive yourself bound so to refuse, because it was directed you in the warrant to keep him in close custody ?—I do. By the practice of the Tower, when a person is ordered to be kept in close custody, no person is to have access to him but by an order of the secretary of state; and, in consequence of that, I did refuse several persons access to him. Do you know my lord Rochford's handwriting? Mr. Serj. Davy. That is not meant to be disputed. L. C. J. De Grey. Did you receive any particular directions from the secretary of state? -No. No particular message?-Nothing but the "To earl Cornwallis, constable of his majesty's Tower of London; or to the lieutenant of the Tower, or his deputy." L. C. J. De Grey. Are all your warrants with prisoners committed into your custody, to receive them into close custody ?-No; in the case of lord Ferrers and lord Byron, for murder, who were committed by the House of Lords, these warrants were conceived in other terms; but the warrants from the secretary of state, which are for state prisoners, are always to close custody. Have you got the warrant for the admission of Mrs. Sayre?-I have. [Produces it.] Was any body else permitted to see him ?— Nobody. The Order for the Admission of Mrs. Sayre read. "October 23, 1775. "William Henry, earl of Rochford, one of the lords of his majesty's most honourable privy council, and principal secretary of state, &c. &c. &c. "These are in his majesty's name to authorise and require you to permit and suffer Mrs. Sayre to have access, from time to time, to Stephen Sayre, esq. her husband, a prisoner in your custody; and for so doing this shall be your warrant. Given at St. James's the 23d ROCHFORD." of October. "To earl Cornwallis, constable of his majesty's Tower of London; or to the lieutenant of the Tower, or his deputy." Mr. Serj. Adair. We are now going to prove that applications were made at the Secretary of State's office by some gentlemen for admission to Mr. Sayre, which were refused. John Ellis, esq. sworn. Did you make any application, or were you present when any application was made at the Secretary of State's office respecting Mr. Sayre?-Upon the 23d of October I received a note from Mrs. Sayre, to acquaint me that her husband was cominitted; and about an hour afterwards she sent a gentleman to me, that I supposed was either a clerk or one of the partners in the bank, requesting that I would go down to the Secretary's office and try what I could do for the service of her husband who was under those disagreeable circumstances, and to take such steps as I thought proper upon the occasion: upon this I went and applied to some of my friends, and consulted them to know what was proper to be done. I applied to lord Effingham, and we went together to Mr. Burke, and we agreed that it was 40 |
