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Lord Essex was murdered, undoubtedly receives great support from the fact attested by Mr. Grenville and Lord Onslow. But it would have been satisfactory to have ascertained beyond a doubt, that Bommeny did not receive a pension from the Treasury before the death of Lord Essex. There is another circumstance mentioned by Braddon, which, if true, would go far to settle the question. He says that the sentinel who guarded the outer door, affirmed in his first examination, that he did not admit any one in the morning to Lord Essex's apartment, but that, in his subsequent examination, he allowed that he had admitted two men. Braddon attributes the stop put to the enquiry, to the regard which was paid to a minister of that day (probably meaning Lord Halifax), who had afterwards been one of the chief actors in the Revolution; and to the respect required by the feelings of Queen Mary and Princess Anne.

The interval between the imprisonment of Lord Russell, and his trial, were anxiously spent by Lady Russell in preparations for his defence. The two following notes are the best evidence of the nature of her employment; and the last will be valuable to those who set a price upon any memorial tending to show how well firmness may be combined with affection.

VOL. II. D

Lady Russell to Lord Russell. ** I had, at coming home, an account that your trial, as to your appearing, is not till tomorrow. Others are tried this day, and your indictment presented, I suppose. I am going to your counsel, when you shall have a further account from"

Lady Russell to Lord Russell.

Endorsed — " To ask his leave to be at his trial.""Your friends, believing I can do you some service at your trial, I am extremely willing to try; my resolution will hold out — pray let yours. But it may be the Court will not let me; however, do you let me try. I think, however, to meet you at Richardson's, and then resolve: your brother Ned will be with me, and sister Marget."

CHAP. XV.

TRIAL OF LORD RUSSELL.

On Friday, the 13th of July, Lord Russell was n>»3. placed within the bar of the Old Bailey, to take his trial for high-treason.

The clerk of the Crown, having desired him to hold up his hand, proceeded to read the indictment, the substance of which was "for conspir"ing the death of the King, and consulting and "agreeing to stir up insurrection; and to that "end to seize the guards, (appointed) for the "preservation of the King's person."

On the question of guilty, or not guilty, being put to him, Lord Russell asked the Lord Chief Justice, (Sir Francis Pemberton,) if he might not have a copy of the matter of fact laid against him, in order that he might know how to answer it; but being told nothing could be granted until he should plead, he pleaded, Not Guilty. The usual question then being asked, how he would be tried? Lord Russell observed, he thought a prisoner was never arraigned, and tried at the same time. To which the Lord Chief Justice answered, "that for crimes of this nature it was continually done."

The Attorney-General said, his Lordship had no reason to complain; since Monday se'nnight he had had notice of trial, and the matter alleged against him ; that he had the liberty of counsel to advise him; and that no sort of privilege had been denied, which became a subject in his condition to have.

Lord Russell replied, he had heard only some general questions: he expected witnesses who could not arrive before night; and thought it very hard he could not be allowed one day more. >

The Lord Chief Justice told him, without the King's consent, they could not put off the trial. Lord Russell then demanded a copy of the pannel of the jury, that he might challenge them.

The Lord Chief Justice and Attorney-General expressed their surprise, that his lordship had not received a list, as they had ordered the Secondary Nonnansel to prepare one. Lord Russell begging that he might have one, the Lord Chief Justice wished to defer his trial till the afternoon, which the Attorney-General opposed. Upon this he observed his case was very hard; to which Sir Robert Sawyer, then Attorney-General, answered, " Do not say so; the King does. "not deal hardly with you; but I am afraid it "will appear you would have dealt more hardly "with the King; you would not have given the "King an hour's notice for saving his life."

The Secondary Normansel was then sent for, when it appeared that a list of names had been given to Lord Russell's servant, who delivered it to Lady Russell, from whom his lordship received it; but Lord Russell stated, the names of the persons on the list were those who were generally on juries, but not a pannel.

A conversation then took place between Lord Russell, the Lord Chief Justice, and the Attorney-General, in which Lord Russell complained of not having been furnished with a proper copy of the pannel; and requested his trial might be postponed until the afternoon. The Lord Chief Justice answered; the King's counsel did not think his request reasonable, and would not delay the trial any longer.

The clerk of the Crown then addressed the prisoner, telling him, that if he challenged any of the jurors, he must speak as they came to the book to be sworn, and before they had sworn.

Lord Russell asked for pen, ink, and paper, and the use of any papers he had, which request being granted, he said,

"May I have somebody write to help my "memory?"

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