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his opinion, faid he would take the firft fhot; to which Mr. Scawen readily affented. Mr. Fitzgerald then presented his pistol and fired; the shot seemed to pass very near Mr. Scawen. After Mr. Fitzgerald had fired his first piftol, he took hold of the other, and ftood with it in the attitude of presenting, to receive Mr. Scawen's fire. Mr. Scawen then presented his piftol, but before he could pull the trigger, was furprized at the report of Mr. Fitzgerald's fecond piftol. On this Mr. Scawen immediately recovered his, telling Mr. Fitzgerald at the fame time, that as both his piftols were discharged, he could not think of firing at him, and inftantly difcharged his in the air. Mr. Fitzgerald replied, I affure you I did not mean it-my piftol went off by accident; but I'll load again. The feconds and furgeons here interpofed, in order to accommodate the affair; and Mr. Scawen coming up, addreffed himself to Mr. Fitzgerald, and faid, he hoped his behaviour had now fufficiently convinced him that he was not deficient in point of courage; and as a further reparation for the blow he had given, he was not afhamed to present him with a cane (which at that inftant he took from the French furgeon) defiring him to afe it as he thought proper. Mr. Fitzgerald, after raifing the cane (which did not appear to me to have touched Mr. Scawen) politely returned it, faying, "I retract all the afperfions I ever caft upon your honour, am now convinced you never deferved them, and with there may be no retrofpect of paft tranfactions." A reconciliation being thus happily effected, the parties returned on their way to Lifle, where Mr. Fitzgerald likewife made a handsome apology for having fired his fecond piftol, declaring it was accidental. The whole company afterwards paffed the evening together, and feparated the next morning perfectly fatisfied."

At this period Mr. Fitzgerald's finances were in aftate of fluctuation, as the chance of the dye, or his own fkill in gaming, gave a turn to his affairs. In 1775, we find him again prefenting himself to public notice in his character of gambler and duellift; and, as ufual, with fome diminution of the fmall remains of character which adhered to him. At this time he published a pamphlet, intitled, “An Appeal to the Jockey Club; or a true Narrative of the late Affair between Mr. Fitzgerald and Mr. Walker," 8vo. This was followed by an "Anfwer to Mr. Fitzgerald's Appeal; by Thomas Walker, Etq," 8vo, and that by the " Reply to Thomas Walker, Efq. ci-devant Cornet of Burgoyne's Light Dragoons; by George Robert Fitzgerald, Efq." 8vo. It was well obferved in one of the literary journals of the times, that the quarrels of gamblers no way con

cerned the public; and that the fooner they cut one another's throats, the better it would be for fociety. In this last pamphlet Mr. Fazgerald boasts of his dexterity in the art of duelling. "I know, fays he, from trials fucceffively repeated twenty times one after another, I can at that diftance (i. e, fix paces) hit any part of the human body, to a line which poffibly (addreffing his antagonist) you may know is only the twelfth part of an inch." In another part he fays, " As to good qualities, fome I have, perhaps, though few in number. This, however, I can fay for myfelf, no man can impeach my courage in the field, my honour on the turf, or my credit on the Royal Exchange. If it appears fingular that I have not plunged into the gallantries of the prefent times, let it be remembered on the other hand, that I am a married man, and that I prefer the domeftic happiness of the amiable partner of my life, and our little offspring, to all the mummery and perfidy of private fashionable intrigues."

Soon after this tranfaction, Mr. Fitzgerald went to Ireland, and began to practise thofe extravagancies, which, being fuccefsful for fome time, led him to commit the fact which brought him to his end. His father and brother had long been objects of his hatred; and having claims upon the former for fome arrears, he had recourie to the Court of Chancery in Ireland, and obtained an order in 1780, to take poffeffion of the whole eftate of his father, in order to fatisfy the demand.

In executing this order great irregularies were committed, and feveral fevere conflas énfued, which compelled his father, in his turn, to claim the protection of the law. Mr. Fitzgerald was indicted for a riot, and being found guilty, was fentenced to three years imprisonment.

To obtain his loft liberty, Mr. Fitzgerald ventured on a bold and hazardous enter. prize-an escape from his prifon; which he effected in spite of every impediment.

This being atchieved, he erected a very formidable battery on his demefne, confiting of feveral pieces of iron ordnance. The battery was constructed on an artificial mount, on which was planted a grove of trees, fituated about one hundred yards from the high road, and the fame diftance from the gate of the avenue which leads to the mansionhoufe, and half an English mile from the houfe telf. It was furnished and provid.d to completely for defence, that it foon gave an alarm to Government, which occafioned a train of artillery being fent, with a regiment of horfe, to diflodge the offenders.

On the approach of this force Mr. Fitzgerald and his partizans all fled, and the troops returned to their old quarters. He,

however

however, continued concealed in the country for fome time, and it was in this period that his houfe at Rockfield was fet on fire. At length, finding it impoffible to be much longer concealed, he, with an armed party, (at the time he was himself an out-law) went to Turlough, and took his father prifoner.

Having placed him in a post-chaife, and a ftrong guard on the outfide, he led him, as if in triumph, through the country, and at lat brought him to Dublin, where he foon afterwards died, and Mr. Fitzgerald himfelf was taken by a Captain Hall, who for this fervice received the reward of 300l. offered by the Government for apprehending him. He continued a confiderable time in the new prifon at Dublin; but, during the administration of Lord Temple, he had addrefs enough to obtain his pardon

The many narrow escapes which he had experienced, had not leffened, but, on the contrary, increafed his confidence, Mr. M'Donnel, an attorney and magiftrate in his neighbourhood, having interefted himfelf in fome family-concerns against him; he devoted him as a victim to his vengeance. Accordingly, paffing by Mr. Fitzgerald's houfe, be tween the hours of nine and ten o'clock at night, he was fired upon, and wounded by Mr. Fitzgerald, and five or fix other perfons; for which Mr. Fitzgerald took his trial, and was acquitted. Still, however, determined to wreak his vengeance on the unfortunate man, he got him into his poffeffion by means of a law process, and dispatched him on the 21ft of February, 1786. (See p. 298.)

Immediately on his being fecured in gaol, at Castle-bar, the refentment of the people rofe to a pitch of madness against the culprits; and feveral perfons, armed, broke into the prifon, and endeavoured to take the execu tion of the law into their own hands: they rufhed in, and fired upon Mr. Fitzgerald, and wounded him, but were obliged to quit their prey without finishing their bloody purpofe. (See p. 298,)

A fpecial commiffion being iffued for the trial of thefe offenders, it was opened on Thursday morning the 8th inft. when the Court-boufe was unufually crowded, and many people were disappointed, as the Courthoufe was quite full at a very early hour.

It was thought neceffary by the AttorneyGeneral to proceed on the trial of the perfons who had forced open the gaol of Castlebar, and violently affaulted Mr. Fitzgerald, while under the protection of the laws. The court agreed to the propriety of Mr. Attorney's requeft, and accordingly the following perfons, viz. James Martin, Efq, Mr. Andrew Gallagher,

Mr. James Gallagher, Charles Higgins, Luke Higgins, and Daniel Clarke, were immediately arraigned, for having broke open the gaol of Caftle-bar, and affaulting George Robert Fitzgerald, Efq. a prifoner in the faid gaol, and in the cuftody of the gaoler.

The Attorney-General opened the business. He painted with much warmth the extent of the offence for which the prifoners were arraigned-he inveighed against that turbulent fpirit which had too long difgraced many parts of the country, and hoped that the Court would that day be enabled to furnish fuch an example, as would deter fuch daring violators of the laws in future from acts of outrage. He then went into an examination of his evidence, to establish the commiffion of the fact by the parties above named, - but the evidence adduced was infufficient to come to any thing near conviction. It appeared that the gaol had been forcibly entered in the evening; that the men who entered were armed with fwords and pistols. The centinel who had been on duty at the gaol was examined, but declared that as the tranfaction took place in the dusk of the evening, he could not pofitively fwear to the perfon of any one named in the indictment-of courfe his evidence was of no avail. Even Mr. Fitzgerald himself could not take upon him to fwear to their identity; hefides, the parties were ready to prove an alibi; but for that it feems there was no neceflity, as the evidence adduced could not at all affect them. The jury without withdrawing from the box returned a verdict-NOT GUILTY.

The Court then adjourned to 9 o'clock on Friday Morning, when

George Robert Fitzgerald, Efq. was brought to the bar. He was arraigned, and his indictment read to him. The indictment fet forth, that he (Fitzgerald) had procured Timothy Brecknock, Andrew Craig, alias Scots Andrew, James Foy, Willam Fulton, John Fulton, John Chapman, Wallis Kelly, John Cox, James Masterson, David Saltry, Philip Cox, Archibald Newing, John Berney, Henry George, Michael Brown, John Reheny, and William Robinson, and that he had incited, stirred up, and provoked the faid perfons to murder Patrick Randall M'Don nel, Efq. and Mr. Charles Hypfon, which murder the faid perfors perpetrated on the 21ft of February last.

To this indictment Mr. Fitzgerald pleaded not guilty.-The Attorney-General then proceeded in an examination of the witneffes on the part of the Crown. The principal evidence was Andrew Craig, or as he is called Scots Andrew, and the charge was fully fubftantiated. It appeared that Mr. M'Donnel was murdered on the bridge of Kilnecarra-

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Circumstances of peculiar barbarity attended the bloody deed. Mr. M'Donnel's two arms were broken at the time; he faw the blunderbufs from which he received his death prefented at him-he implor'd the murderer feveral times to spare his life, but in vain he then held down his head, and the flugs en. tering through his hat lodged in his body.

As foon as the evidence on both fides was clofed, Mr. Fitzgerald addreffed the Court, praying, as it was a cafe which affected his life, that he might be indulged to fpeak for him. felf; which being immediately granted him, he made a most able defence, and spoke for three hours, with a strength of imagination, and a degree of composure, astonishing, when it is confidered what the human mind must feel at fo awful a crifis.

The Chief Baron then gave a charge to the Jury, who withdrew for 7 minutes, and returned a verdict--GUILTY.

Mr. Fitzgerald was then ordered into the cuftody of the Sheriff, but fentence was not pronounced on him. When the Foreman

of the Jury pronounced the word guilty, a fudden gloom overspread Mr. Fitzgerald's countenance, which feemed unaffected before. June 10. John Fulton, William Fulton, Archibald Newing, or Ewing, John Reheny, or Renchy, and David Simpfon, were alto found guilty upon two indictments, for the murder of Patrick Randall M'Donnel and Charles Hypíon :

And fame day James Foy, John Cox, James Masterfon, David Saltry, otherwife Simpfon, Philip Cox, John Berney, Humphry George, Michael Brown, William Robinfon, and Wallis Kelly, were feverally acquitted of faid murder.

After which the Attorney-General informed the Court, that he was given to understand a motion was intended to be made in arreft of judgment. He defired that Mr. Fitzgerald might be brought up, and the motion gone into, Mr. Fitzgerald's leading Counsel faid, they faw no defect in the indictment; but Mr. Stanley declared that he had warm hopes he could fhew a ground to arreft fuch judgment, if he were allowed time to confider the fubject till Monday. The Attorney-General called upon him to ftate his objections, which he, Mr. Stanley, declined.

The Attorney-General informed Mr. Stanley, that it would probably assist him in his motion to arrest the judgment, if he was informed what the indictment was, as he had never hitherto called to have it read, but had relied on the short abstract of it in the Crown book: accordingly, at the defire of the At. torney-General, the indictment was read to him, and the Court, with remarkable hu

manity, allowed Mr. Stanley till Monday to confider his motion.

12. Timothy Brecknock was called upon his trial, and given in charge to the Jury upon two indictments, for confpiring and procuring the death of Patrick Randall M'Donnel, and Charles Hypfon. The evidence having fully established the charges in the indictments, the Jury found him Guilty.

After Brecknock's conviction, the Chief Baron ordered the Clerk of the Crown to call up for fentence those persons who had been convicted of actually perpetrating the murder, which he then paffed upon John Fulton and his other affociates, in the most cloquent and affecting manner.

The Chief Baron then defired to know of Mr. Stanley, whether he meant to make his promised motion in arrest of judgment? but at the fame time warmly recommended to him, unless there was a folid ground of objection to the indictment, not to make his motion, as it must neceffarily be made in Mr. Fitzgerald's prefence, and might poffibly derange his feelings, which, he faid, he was happy to hear were calm and compofed. Mr. Stanley, on confideration, declined to make any motion in arrest of judgment.

Mr. Fitzgerald was then brought to the bar of the Court, and the Chief Baron, after a preface which drew tears from almoft sil who heard him, on the enormity of the crime, paffed fentence of death upon George Robert Fitzgerald and Timothy Brecknock, with orders for their execution on that day. On being brought into Court the former ípoke as follows:

My Lords,

"I humbly hope for the humane indulgence of this Court to my prefent most unhappy fituation. I do not mean, my Lords, to take up your time—but I trust that what I fhall fay will be attended with effect. The very thort period of time that has elapfed fince my conviction, has been taken up in adjusting my temporal affairs; and in truth, my Lords, even these are not perfectly settled: but I now with to make fome preparation, some fettlement of peace with Heaven, before I pafs into the prefence of an all-seeing and juftly offended God, which I am about to do.

"My Lords, you may be led to imagine

that plead for this indulgence of time in hopeful expectation of obtaining his Majesty's pardon; but, my Lords, I do most folemnly declare it is no fuch inducement; for, if his Majesty were to offer me his pardon, nay his crown along with it, I would not accept of either the one or the other. Under the weight of fuch a verdict against me, it is impotlible I could ever look one of the community in

the

the countenance, or again hold up my head in fociety. Let it not be understood, my Lords, that by this declaration I infinuate or infer the fmalleit degree of cenfure on the verdict of the jury. No, my Lords, I know them all to be gentlemen of the most fair and irreproachable characters; men not to be biaffed, and who could not avoid bringing me in guilty if I were their brother, from the body of evidence that has appeared againft me--which if I was before acquainted with, I should have endeavoured to have had witneffes to repel that body; but that, my Lords, is not now a matter for confideration -the only thing I plead for is time

"It is alfo faid, my Lords, that I want that time to commit an act of fuicide; but I have too many offences on my back, and dreadful crimes to account for, to defire fuch a miferable paffport into eternity."

Here he ended his fpeech, and the Chief Baron, with tears in his eyes, recapitulated the rigour of the law, and his duty as a Judge, obferving, that the unfortunate Mr. M'Donnel had been fent into eternity without a moment's warning; that after fentence of death had been paffed, and the order for execution, it was not in the power of the Court to interfere, and his request must rest with the humanity of the Sheriff.

In fome time after the Court had adjourned, Brecknock and Fulton were put into a kind of cart, drawn by one horse, and carried pinioned to the place of execution, on the hill of Cattle-bar, where the new gaol is building, and where part of the scaffolding was appropriated to the purpose of a gallows. In fome time after Mr. Fitzgerald came out of the gaol, but had not changed his drefs; and having previously befeeched the Sheriff not to permit him to be pinioned or tied with cords, he walked, without any kind of manacle, to the place of execution, furrounded by ftrong detachments of both horfe and foot. He was attended by the Rev. Mr. Henry, and, at the gallows, by three other Clergymen while there, he read Dr. Dodd's Thoughts in Prifon, as alfo his Laft Prayer; and when the executioner was about to launch him into eternity, he requested of the Sheriff to give him five minutes longer time, and then pulled the cap over his face. Upon being told that the time was elapfing faft, Mr. Fitzgerald replied, "Sure it is not fo long! I have juft collected myself; pray let me die in peace!"

By the mifmanagement of the executioner, the rope by which Mr. Fitzgerald was fufpended, instantly broke, on the fudden jerk of

his fwinging off the ladder. This accident was principally occafioned by the rope being tied round a flat board, a part of the scaffolding of the New Gaol, with which, as we have already mentioned, this temporary gallows was conftructed. Mr. Fitzgerald then fell en his fhoulder, but immediately recovered himself and ftood on his legs, and called out to the Sheriff, faying-" Mr. Sheriff, it is impoffible but that you should know fuch a rope could not hang any man-pray get a better!" The clergymen immediately furrounded him, when a new rope was obtained and replaced about his neck: he was then requested to go higher upon the ladder, which he refufed to do. The ladder was drawn away, and the rope being again twisted round the flat board, it let him down fo far that his feet for fome time actually touched the ground, till the hangman, with much difficulty, drew him up, but in fuch a manner, that he still remained suspended within eighteen inches of the ground, where he hung a confiderable time, and, on being cut down, the Sheriff, according to Mr. Fitzgerald's death-warrant, and as the form of the law requires, had his body cut, or fcarred.

Brecknock at first, refused to join in any prayer with the four clergymen attending, he having before repeated the Lord's prayer in Greek, and said “he would use no other -he had no occafion, as he had not commit ted any actual fin for nine years paft; at that time he had driven the devil from every pore of his body; and he knew he should live 'a thousand years with Chrift." This it seems is according to the old heretical tenets of the Millenarians, of which sect Brecknock profeffed himself to be a member. He was preffed by the clergymen to join in repeating Dr. Dodd's laft prayer, and was at length afked, if he had any objection to it? His answer was "No-he had read it, and faw no harm in it; fo they might read it for him."

John Fulton, who was the fon of a Bailiff belonging to Mr. Fitzgerald, behaved at the place of execution with great decency and becoming fpirit.

The body of George Robert Fitzgerald was immediately after the execution carried to the ruins of Turlough-houfe, and was waked in a stable adjoining, with a few candles placed about it; on the next day it was carried to the church-yard at Turlongh, where he was buried on what is generally termed the wrong fide of the church, in his clothes, without a coffin.

ANECDOTES

T

ANECDOTES of the late TIMOTHY BRECKNOCK.

IMOTHY, or, as he fometimes wrote himfelf, TIMOLEON BRECKNOCK, was the fon of a grazier in Northamptonfhire, and received his education at Westminfter. A little before he left Westminster, he exhibited a trait of his future character, by forging a draught of his father's on his agent in town for a confiderable fum of money, with which he made off, and continued abroad feveral years.

On his return, he commenced the fine gentleman and gambler, and figured away at Bath for fome time; but his vanity prompting him to give a public breakfast for which he had no money to pay, he was obliged to decamp, and a fubfcription was raised among the company for the difcharge of the break. faft, which amounted to 70 1.

He next turned his thoughts to the law, and connected himfelf with an attorney, where he would have made no inconfiderable progrefs in the knowledge of the ancient common law, but that his tendencies to quibble and fraud prevailed in every inquiry. On fome occafion, whether for debt or a fraud, he again left the kingdom, and was abfent feveral years.

He foon addicted himself to polite letters, and by degrees withdrew himself from the practice of his profetlion, and commenced author. The first piece we can discover by him, was a poem called, Prejudice detected, an Ethic Epistle, 4to. 1752, which was followed by others, among which the following may be mentioned. 2. An Ode on his moft facred Majesty's Return, fol. 1752. 3. An Ode to the Right Hon. Sir Crifp Gascoigne, Protector of the Innocent, and late Lord Mayor of the City of London, fol. 1754. 4. An Ode on his Majesty's Return, fol. 1755. An Epithalamium on the Nuptials of Lord Warkworth and Lady Sufan Stuart, fol. 1764. He was alfo the author of a Plan for establishing the general Peace of Europe honourable Terms to Great Britain, 8vo. upon 1759; and a Treatife upon perennial Ways and Means, with other political Tracts, 4to. 1762, befides many other anonymous performances. Ile for many years wrote in

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a daily paper, under the name of the Atterney-General to the Gazetteer, and in 1764 re-published Droit le Roi; or, A Digest of the Rights and Prerogatives of the Imperial Crows of Great Britain, 8vo. which, being complained of in the House of Lords as favouring arbitrary principles, was ordered to be burnt by the common hangman. He alfo rendered himself remarkable by laying an information, about 1762, against the judges for wearing cambrick. He either wrote, or affifted Mr. Fitzgerald in the writing his pamphlets and letters in the public papers, and from thence it is fuppofed the connection between them originated. He was a Member of Lincoln's-inn.

He had a boldness and decifion in his manner, joined to fome knowledge and floency, by which he duped many people, and gained fome degree of credit with his clients. Being concerned for the Portuguese Charge des Affaires about twenty years ago in fome tranfaction with the Secretary of State, and not being able to effect his purpofe, he very gravely leaned on his hand, and looking the Secretary (Lord Shelburne) full in the face, told him, he would never leave him till he brought his head to the block." For this his client thought him a bold man, and perhaps paid him for it as fuch; but his menace only ended in being turned out of the office as a lunatic.

His laft apparition in London was about four years ago, when he feemed to be run out of coat, character, and constitution, and in this fituation was picked up by Fitzgerald, no doubt as a cunning man in the law, to defend him in his depredations on fociety. But justice, fooner or later, generally overtakes the most cunning and guarded impoftors. In committing himself to Fitzgerald he was no longer master of his own line, and hence was lured into a deed, which, had he been left to himself, in all probability he would not have been fool enough to commit.

At the time of his death, he could not be lefs than between 60 and 70 years of age, was quite gray, and much debilitated.

HOLME, in HEREFORDSHIRE, the Seat of the Right Honourable the EARL of SURREY. . [Illuftrated with an ELEGANT ENGRAVING, ]

THE Manor and Lordship of Holme, a feat of the Right Hon. the Earl of Surrey, (and which came into his Lordship's poffeflion by his marriage with the daughter of the late Charles Fitzroy Scudamore, Efq. a defcendant of John Scudamore, Efq. created a Baronet and Viscount by King Charles I.) is fituated

three miles South-East from Hereford, upon the confluence of the rivers Wye and Lugg, and was the feat of that ancient and noble family for more than three hundred years, to whom it defcended as heirs of the ancient and honourable family of Tregos.

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