Page images

Nor will the public with harsh rigour blame known to be written by him, form any part This my just homage to thy honour'd fame; of the collection of his works lately publishTo please that public, if to please be mine, ed. In the next year, be gave the public Thy virtues train’d me- let the praise be 'An Epistle 10 a Friend on the Death of thine.

Joon Thornton, Esq. 4to. With this genSince thou hast reach'd that world where

tleman he appears to have lived on terms of love alone,

intimacy, at Cambridge, and the praise he Where love parental can exceed thy own;

bestows on him reflects the highest honous If in celestial realms the blest may know

on both the deceased and the surviving friend. And and the objects of their care below,

In 1780, he published An Ejay ex Hijery, i: While in this sublunary icene of ftrife

ibrce Epistles 10 Edward Gibbon, Ef:. 46o. and Thy son possesses frail and feverilh life,

in 1981, An Ode inscribed 10 Golon Howard, Elz. If Heaven allot him many an added hour,

F. R. S. author of tbe State of English asd Gild it with virtuous choughe and mental Foreign Prisons, 410. In the same year also,

Tbe Triumphs of Temper, 4to. a poem, in power, Power to exalt, with every aim refin'd,

fix cantos, appeared ; and in 1782, A The loveliest of the arts that bless man

Ely on Epic Poetry, in five Epifiles to be kind.

Rev. Mr. Majon, 46o. To thew himself

master of every species of poetry, he in From Eaton Mr. Hayley went to Trinity 1780, published Plays of three Als writHall, Cambridge; and while there, printed sen for a private Theatre, 4to. Of these, The the first poem known to be written by bim. Two Connoisseurs and Lord Ruffel have been This was on the royal marriage in 1761, and brought on the stage at the Hay-market, and appeared in the collection of verses published acted with great success, by the University on that occasion. From

Since this publication, a very amusing that time to the year 1778, he lived out of work, intitled, •4x Elsay on Old Maids," the observation of the world. Delicate or in. has been ascribed to Mr. Hayley, and we constant health, or the love of literary retire

believe with truth, though it has not been ment, prevented him from serving the com..

owned by him. In the course of the last munity in scenes of active life ; be therefore year, he collected such of his works as be devoted himself to pursuits more pleasing, had published with his name into fix vothough less profitable.

lumes, 8vo. Thou first and fairest of the social arts !

Mr. Hayley is married, and his lady seems Sovereign of liberal fouls and feeling hearts,

to possess some portion of his tfte and geIf, in devotion to thy heavenly charms,

nius. She has publifhed a transition of Ma1 clasp'd thy altar with my infant arms,

dame de Lambert's Essays on Friendship and For thec neglected the wide field of wealth,

Old Age, which is executed with great fpirit The toils of intereft and the sports of health,

and fidelicy. Enchanting poesy! that zeal repay

The works of Mr. Hayley are calculated to With powers to sing thy universal sway! impress the most favourable opinion of him as To trace thy progress from thy diftant birth,

a man ; and if we are not misinformed, his Heaven's pure descendant. dear delight of

manners (which is not always the case with earth!

men of genius) are perfectly in unison with Charm of all regions! to no age confin'd !

the sentiments occasionally exbibited in his Thou prime ennobler of th' aspiring mind!

works. He has observed, that it was a ESSAY ON Epic POETRY.

kind of duty incumbent on those who devote

themselves to poetry, to raise, if posible, After a recess of many years from public the dignity of a declining art, by making it abservation, he in 1778 produced, with as beneficial to life and manners, as the lin out his name, A Poetical Epiftle to an eminent mits of composition and the character of Painter, 4to. a work which both merited modern times will allow. This rule seems and obtained so much applause, as probably to have been strictly adhered to by him. The encouraged him to avow himself the author, subjects of his several performances are all by putting his name to a second edition of it. important, and handled in such a manuer, In 1779, he joined the political clamour of as to convey both entertainment and instruc. the day, and published An Epiftle to Ad. Lion, to mend the heart, refine the taste, miral Keppel, 46o. congratulating that gen- and render mankind better, and, by coase. tleman on his honourable acquittal ; and in quence, more happy. the same year attacked the Bishop of Lon- There are many pleasing trails of chadun for a desertion of his political princi- racter scattered through Mr. Hayley's works. ples in Ar Elegy on the ancient Greek Mon One of them we fall select to close this im. dely 4to. Neither of these pieces, thougla perfect account,

For me, who feel whene'er I touch the lyre, Whence lonely peace and social pleasure My talents fink below my proud desire ;

Aprings, Who often doubt, and sometimes credit give, And friendship dearer than the smile of kings! When friends assure me that my verse will While keener poets, querulously proud, live ;

Lament the ills of poetry aloud, Whom health too tender for the bustling And magnisy, with irritation's zeal, throng,

Those common eyils we too strongly feel, Led into penfive shade and foothing foug; The eavious comment, and the subtle style Whatever furtune my unpolith'd rhymes of specious Dander, fabbing with a smile; May meet, in present or in future times, Frankly I with to make her bleflings known, Let the blest art my grateful thought employ, And tbink thote blettings for her ills atone ; Which foothes my sorrow and augments my Nor wou'd my honett pride that praise forego,

Which makes malignity yet more my foe.

Essay on Epic POETRY.




was the eldest son of

Fitz. his companion with the Rev. Mr. Bate on gerald, Eiq. of Rockfield, a place about account of tome misbehaviour to Mrs. Harttwo miles diftant from the town of Castlebar. ley, the actreis. In the course of this busiHis mother was Lady Mary Hervey, filter nels Mr. Fitzgerald introduced his foot. to the late and present Earls of Bristol. He man to Mr. Bate under the character of a received, it is said, his education at Eton, gentleman, and imposed upon him in such a where le acquired a very competent Thare manner that he was induced to box with his of literature, at leaft sufficient to preserve antagonist. This trick being soon afterwards tiim from the contempt of the learned *. discovered, Mr. Bate exposed Mr. Fitzgerald's At an early age he married Miss Conolly, behaviour in the public papers, in which he filter to the Right Hon. Thomas Conolly, held him up to ridicule with great success for Member of Parliament for the county of several weeks. The conteft engaged much Londonderry, and cousin-german to his the attention of the town, and in the concluGrace the Duke of Leinster. With this fion of it, public opinion decided in favour {ady Mr. Fitzgerald received a fortune of of Mr. Bate's conduct, and universally con. ten thousand pounds, and at the same time demned that of his several opponents. his father executed a deed of settlement, by Amongst those who censured Mr. Fitzwhich he engaged to allow him a yearly in- gerald's behaviour on this occasion, was a come of one thousand pounds; but as this gentleman of the name of Scawen, who gave was either irregularly or not at all paid, it his opinion with great freedom in his prebecame one of the sources of the contention sence. This occafioned high words, and between father and son, which terminated in even a blow, which compelled Mr. Fitzthe end fatal to both.

geraldi to call Mr. Scawen to account. A Soon after the celebration of Mr. Fitz. duel was the consequence, of which the folgerald's marriage with Miss Conolly, the lowing relation was given by Capt. Nicholas young couple went abroad, and after an ab. Nugent, Mr. Scawen's second. sence of ten years, during which time Mrs. On Wednesday Sept. ift, Mr. Scawen Fitzgerald died, leaving him one daughter and Mr. Fitzgerald, with their seconds and only, who is ftill living, he returned to Ire. furgeons, met at Lifle, according to the ap. Land in the year 1775.

pointment of Mr. Fitzgerald. All matters During his residence in England, he lived relating to me duel being adjusted, they ara life of boundless diffipation; and being por. rived at their ground, in the Austrian domileffed of parlonal courage, he was frequently nions, between Lifle and Tournay, about a involved in quarrels, which usually end. quarter before seven in the evening. The ed with reputacion to his valour, though to seconds having measured the distance, which, his disgrace as a member of society. One by mutual agreement, was ten paces, each of the first occasions of his becoming an gentleman took his post. Mr. Scawen, in object of public notice, was in the year 1773, going to his ground, alked Mr. Fitzgerald if when being at Vauxhall, in company with tre chose to fire first? who replied, it was a Captain Croft and some other persons, he a matter of indifference to him ; but altering

There is a poem by him, printed at Dublin, entitled The Riddle, and inscribed to John Scott, Efq. now Lord Earlsfort, Chief Justice of the King's Bench,



his opinion, said he would take the first shot; cerned the public; and that the sooner they cut to which Mr. Scawen readily assented. Mr. one another's throats, the better it would be Fitzgerald then presented his pistol and fired; for society. In this last pamphlet Mr. Fxzthe thot seemed to pass very near Mr. Scawen. gerald boasts of his dexterity in the art of After Mr. Fitzgerald had fired his first pise duelling. “I know, says he, from trials tol, he took hold of the other, and food successively repeated twenty times one after with it in the attitude of presenting, to re- another, I can at that distance (i. e. fix ceive Mr. Scawen's fire, Mr. Scawen then paces) hit any part of the human body, to a presented bis pistol, but before he could pull line which poflibly (addrefling his antagonist) the trigger, was surprized at 'the report of you may know is only the twelfth part of an Mr. Fitzgerald's second pistol. On this Mr. inch.” In another part he says, “ As to good Scawen immediately recovered his, telling qualities, some I have, perhaps, though few Mr. Fitzgerald at the same time, that as in number. This, however, I can fay for both his pistols were discharged, he could myself, no man can impeach my courage in not think of firing at him, and instantly dir- the field, my honour on the turf, or my charged his in the air. Mr. Fitzgerald re- credit on the Royal Exchange. If it appears plied, I affure you I did not mean il--my fingular that I have not plunged into the pistol went off by accident; but I'll load again. gallantries of the present times, let it be reThe seconds and surgeons here interposed, in membered on the other hand, that I am a order to accommodate the affair; and Mr. married man, and that I prefer the domestic Scawen coming up, addressed himself to Mr. happiness of the amiable partner of my life, Fitzgerald, and said, he lioped his behaviour and our little offspring, to all the mummery had now sufficiently convinced him that he and perficy of private fashionable intrigues." was not deficient in point of courage; and Soon after this transaction, Mr. Fitzgerald as a further reparation for the blow he had went to Ireland, and began to practise those given, he was not ashamed to present him extravagancies, which, being succesful for with a cane (which at that instant he took some time, led him to commit the fact which from the French surgeon) defiring him to brought him to his end. His father and use it as he thought proper. Mr. Fitzgerald, brother had long been vbjects of his hatred; after raising the cane (which did not appear and having claims upon the former for some to me to have touched Mr. Scawen) politely arrears, he had recourie to the Court of returned it, saying, “ I retract all the asper- Chancery in Ireland, and obtained an order sions I ever cast upon your honour, am now in 1780, to take pofleffion of the whole convinced you never deserved them, and estate of his father, in order to satisíy the with there may be no retrospect of past trans- demand. actions." A reconciliation being thus bappi- In executing this order great irregularities ly effected, the parties returned on their way were commicced, and several severe copA.4 to Life, where Mr. Fitzgerald likewise ensued, which compelled his father, in his made a handsome apology for having fired his turn, to claim the protection of the law. second pistol, declaring it was accidental. Mr. Fitzgerald was indicted for a riot, and The whole company afterwards palied the being found guilty, was sentenced to three evening together, and separated the next years imprisonment. morning perfecìly satisfied.”

To obtain his loft liberty, Mr. Fitzgerald At this period Mr. Fitzgerald's finances ventured on a bold and hazardous enter. were in a state of Aluctuation, as the chance of prizeman escape from bis priíon; which he the dye, or his own skill in gaming, gave a effected in spite of every impediment. turn to bis affairs. In 1775, we find him This being archieved, he erected a very again presenting himself to public notice in formidable battery on bis demerne, confiiting his character of gambler and duellitt; and, of several pieces of iron ordnance.

The as usual, with some diminution of the small battery was constructed on an artificial mount, remains of character which adhered to him. on wbich was planted a grove of trees, At this time he published a pamphlet, in situated about one hundred yards from the titled, “ An Appeal to the Jockey Club; or high road, and the same distance from the a true Narrative of the late Affair between gate of the avenue which leads to the mandolie Mr. Fitzgerald and Mr. Walker,” 8vo. This house, and balf an English mile from the was followed by an “ Answer to Mr. Fitz- houle tiell. It was furnithed and provid. d gerald's Appeal; by Thomas Walker, E19," 10 completely for defence, ibat it soon gave an 8vo, and that by the “ Reply to Thomas aların to Government, which occafioned a Walker, Esq. ci-devant Cornet of Bur- train of artillery being fent, with a regiment gogne's Light Dragoons; by George Robert of horse, to dislodge the offenders. Fitzgerald, Esq." 8vo. It was well observed On the approach of this force Mr. Fitz. in one of the literary journals of the times, gerald and his partizans all fled, and the that the quarrels of garublers no way con- pops reiurned to their old quarters. Her



however, continued concealed in the country Mr. James Gallagher, Charles Higgins, Luke for some time, aud it was in this period that Hissins, and Daniel Clarke, were immediatehis house at Rockfield was set on fire. ly arraigned, for having broke open the gaol As length, finding it impoffible to be much of Castle-bar, and affaulting George Robert longer concealed, he, with an armed party, Fitzgerald, Esq. a prisoner in the said gaol, (at the time he was himself an out-law) and in the custody of the gaoler.

to Turlough, and took his father The Attorney-General opened the business. prisoner.

He painted with much warmth the extent of Having placed him in a post-chaise, and a the offence for which the prisoners were arstrong guard on the outside, he led him, as raigned- he inveighed against that turbulent if in triumph, through the country, and at spirit which had too long disgraced many lat brought him to Dublin, where he foon parts of the country, and hoped that the afterwards died, and Mr. Fitzgerald him- Court would that day be enabled to furnith self was taken by a Captain Hall, who for such an example, as would deter such daring this service received the reward of 300l. violators of the laws in future from acts of offered hy the Government for apprehending outrage. He then went into an examinahim. He continued a considerable time in cion of his evidence, to establish the commisthe new prison at Dublin; but, during the fion of the fact by the parties above named, administration of Lord Temple, he had ad- - but the evidence adduced was insufficient dress enough to obtain bis pardon

to come to any thing near convi&ion. It The many narrow escapes which he had appeared that the gaol had been forcibly enexperienced, had not lessened, but, on the tered in the evening; that the men who en. contrary, increased his confidence, Mr. tered were armed with swords and pistols. M.Donnel, an attorney and magiftrate in his The centinel who had been on duty at the neighbourhood, having interested himself in gaol was examined, but declared that as the some family-concerns against him; he devoted transaction took place in the Julk of the even, him as a victim to his vengeance. Accord- ing, he could not positively swear to the peringly, pafling by Mr. Fitzgerald's house, be. son of any one named in the indictment of tween the hours of nine and ten o'clock ac course his evidence was of no avail. Even night, he was fired upon, and wounded by Mr. Fitzgerald himself could not take upon Mr. Fitzgerald, and five or fix other per- him to sevear to their identity ; hesides, the Sons; for which Mr. Fitzgerald cook his parties were ready to prove an alibi; but for trial, and was acquitted. Still, however, that it seems there was no necetlity, as the determined to wreak his vengeance on the evidence adduced could not at all affect them, unfortunaie man, he got him into his poffeffion The jury without withdrawing from the by means of a law process, and di patched box returned a verdict NOT GUILTY. him on the zist of February, 1786. (See The Court then adjourned to

o'clock on p. 298.)

Friday Morning, when Immediately on his being secured in gaol, George Robert Fitzgerald, Esq. at Castle-bar, the resentment of the people brought to the bar. He was arraigned, rose to a pitch of madness against the culprits; and his indictment read to him. The indiet. and several persons, armed, broke into the ment set forth, that he (Fitzgerald) had proprison, and endeavoured to take the execu. cured Timothy Brecknock, Andrew Craig, tion of the law into their own hands: they alias Scots Andrew, James Foy, William Fulrushed in, and fired upon Mr. Fitzgerald, ton, John Fulton, John Chapman, Wallis and wounded him, but were obliged to quit Kelly, John Cox, James Maftersun, David their prey without finishing their bloody pur's Saltry, Philip Cox, Archibald Newing, John pose. (See p. 298,)

Berney, Henry George, Michel Brown, John A special commission being issued for the Releny, and William Robinson, and that he trial of these offenders, it was opened on hal incited, stirred up, and provoked the said Thursday morning the 8th inft. when the persons to murder Patrick Randall M‘Done Comi-bouse was unusually crowded, and ma- nel, Esq. and Mr. Charles Hypson, which ny people were disappointed, as the Court- murder the said persors perpetrated on the house was quite full at a very early hour. 211t of February last.

It was thought neceflary by the Attorney- To this indictment Mr. Fitzgerald pleadGeneral to proceed on the trial of the persons ed not guilty.—The Attorney-General then who had forced open the gaol of Castlebar, and proceeded in an examination of the witnesses violently aflaulced Mr. Fitzgerald, while under on the part of the Crown. The principal evi. the protection of the laws. The court agreed dence was Andrew Craig, or as he is called to tile propriety of Mr. Attorney's request, Scois Andrew, and the charge was fully fub. and accordingly the following persons, viz. ftantiated. It appeareil that Ms. M'Donnel James Martin, Erų. Ms. Andrew Gallaglier, was murdered on the bridge of Kilnecarra-



Circumstances of peculiar barbarity attended manity, allowed Mr. Stanley till Monday to the bloody deed. Mr. M'Donnel's two arms consider bis motion. were broken at the time ; he saw the blun- 12. Timothy Brecknock was called upon derbuss from which he received his death his trial, and given in charge to the Jury uppresented at him—he implor’d the murderer on two indictments, for conspiring and profeveral times to spare lus life, but in vain! curing the death of Patrick Randall M'Don. be then held down his head, and the Bugs en. nel, and Charles Hypson. The evidence tering through bis hat lodged in his body. baving fully established the charges in the in.

As soon as the evidence on both sides was dictments, the Jury found him Guilty. closed, Mr. Fitzgerald addrefled the Court, After Brecknock's convidrien, the Chief praying, as it was a case which affected his life, Barun oudered the Clerk of the Crown to that he might be indulged to speak for him. call up for sentence those persons who had been felf; which being immediately granted him, convicted of actually perpetrating the murder, he made a most able defence, and spoke for which he then pafled upon John Fulton and three hours, with a strength of imagination, his other affociates, in the most eloquent and and a degree of composure, astonishing, when affecting manner. it is considered what the buman mind mult The Chief Baron then desired to know of feel at so awful a crisis.

Mr. Stauley, whether he meant to make his The Chief Baron then gave a charge to the promised nocion in arrest of judgment ? but Jury, who withdrew for 7 minutes, and re- at the same time warmly recommended to turned a verdiet--GUILTY.

trim, unlets there was a solid ground of obMr. Fitzgerald was then ordered into the jection to the indictmeri, not to make his custody of the Sheriff, but sentence was not motion, as it must necessarily be made in Mr. pronounced on bim. When the Foreman Fitzgerald's presence, and might possibly deof the Jury pronounced the word guilty, a range his feelings, which, he said, he was fudden sivom overspread Mr. Fitzgerald's happy to hear were calm and composed. countenance, which seemed unaffected before. Mr. Stanley, on confideration, declined to

June 10. Julin Fulton, William Fulton, make any motion in arreft of judgment. Archibald Newing, or Ewing, John Reheny, Mr. Fitzgerald was then brought to the or Renchy, and David Simpson, were allo bar of the Court, and the Chief Baron, after found guilty upon iwo indictmen's, for the a preface which drew tears from almost all murder of Patrick Randall M'Donnel and who heard him, on the enormity of the Charles Hypíon :

crime, palled sentence of death upon George And fame day James Foy, John Cox, Robert Fitzgerald and Timothy Brecknock, James Mafterson, David Saltry, otherwise with orders for their execution on that dar. Simpson, Philip Cox, John Berney, Hum. On being brought into Court the former spoke phry George, Michael Brown, William Ro. as follows: binson, and Wallis Kelly, were leveral.y ac- My Lords, quitted of fail murder.

“ I humbly hope for the humane indul. After which the Attorney-General ia- gence of this Court to my present molt un. formed the Court, that he was given to un- happy situation. I do not mean, my Lorus, derstand a motion was intended to be made

to take up your time, but I trust that what in arrest of judgment. He desired that Mr. I fhill say will he attended with effect. The Firzgerald might be brought up, and the very thort period of time that has elapsed musion gone into. Mr. Fitzgerald's leading fince my conviction, has been taken up in Counsel said, they saw no defect in the in- adjusting my lemporal affairs; and in truth, Jictment ; but Mr. Stanley declared that he my Lords, even these are not perfecuy settled: had warm hopes he could thew a ground to but I now wish to make some preparation, arreft sich judgment, if he were allowed Some settlement of peace with Heaven, be time to consider the subject till Monday. fore I pass into the presence of an all-seeing The Attorney-General called upon him to and justly offended God, which I an about ftate his objections, which he, Mr. Stanley, to do. declined.

“ My Lords, you may be led to imagine The Attorney-General informed Mr. Stan- that I plead for this indulgence of time in ley, that it would probably affist him in his hopeful expectation of obtaining his Majesty's motion to arrest the judgment, if he was in. pardon ; but, my Lords, I do most solemnly formed what the indictment was, as he had declare it is no such inducement; for, if his never hitherto called to have it read, but had Majesty were to offer me bis pardon, nay his relied on the short abstract of it in the Crown crown along with it, I would not accept of book : accordingly, at the desire of the At. either the one or the other. Under the weight torney-General, the indictment was read to of such a verdict against me, it is impollible him, anul the Court, with remarkable hw- I could ever look one of the community in

« PreviousContinue »