Official Account of the Trial of Lord Santry

Official Account of the Trial of Lord Santry.

In an interval of the meetings of Parliament in 1739, the House of Commons, Dublin, was assigned as a court for the trial of Henry Barry, fourth Lord Santry, who was indicted for having in the previous year killed a man at Palmerstown.

The 27th of April having been appointed for the trial, a regiment of infantry took up its station on College Green, soon after 6am, and at 7 o’clock the company of Battle-axe guards lined the avenues leading to the Parliament House, the city constables attending to preserve the peace.

At half-past seven o’clock, the prisoner, then in his 29th year, was conveyed in a hackney-coach, from gaol, by the High Sheriffs of the city, to the House of Commons, which had been fitted up for the occasion; and at 10 o’clock, Thomas, Lord Wyndham, Chancellor of Ireland, constituted High Stewart by royal commission, proceeded from this residence in Stephen’s Green to the Parliament House.

The following account of the proceedings is preserved in a contemporary manuscript: - On the morning of the trial, the Judges in their scarlet robes, together with the King-of-Arms, the Gentleman Usher of the Black Rod, and the Sergeant-at-Arms, assembled at the Lord High Steward’s house, to wait upon his Grace, the King-of-Arms being in his coat of arms, the Gentleman Usher of the Black Rod having the white staff, and the Sergeant-at-Arms having his mace.

“After a short stay, his Grace the Lord High Steward went to his coach in the following order: his Grace’s twelve gentlemen, two-and-two, bare-headed; his Sergeant-at-Arms and Seal-Bearer, both bare-headed, the one with the mace, the other with the purse; the Gentleman Usher of the Black Rod with his Grace the Lord High Steward’s white staff, and the King-of-Arms on his right hand, both bare-headed then his Grace the Lord High Steward, in his rich gown, with his train borne, followed by the Chief Justices and Judges.

“His Grace’s gentlemen first took their coaches, four in a coach, each coach having two horses. Then his Grace the Lord High Steward took his coach, with six horses, seating himself on the hinder seat of the coach singly, the King-of-Arms and the Seal-bearer sitting over against his Grace, bare-headed, the Black Rod in the right-hand boot of the coach with his Grace’s white staff; and his Grace’s Sergeant-at-Arms in the left boot, with his mace. The Judges took their coaches and followed his Grace.

“A messenger was sent a little before to acquaint the Lords the triers, who were assembled in a room near theplace appointed for the trial of the prisoner, that his Grace was coming, upon which they went and took their seats in the Court.

“When his Grace came to the gate where the Court was held, he was met by four other sergeants, with their maces, and attended to his seat in the Court in this order: his Grace’s Gentlemen, two-and two; the Sergeants-at-Arms, two-and-two; his Grace’s Sergeant-at-Arms and Seal-Bearer; the Black Rod, and King-of-Arms; his Grace the Lord High Steward, with his train borne, followed by the Chief Justices and Judges, two-and-two. Then his Grace proceeded, saluting the Peers on each side as he passed, to a chair, under a cloth of state, placed upon an ascent of one step only, and he having seated himself, the purse was laid on a stool a little before him on his right hand, and his Grace’s Sergeant-at-Arms went with his mace to the lower end of the table.

“Then, his Grace being in the chair, the Lords triers on their benches on each side, and the Judges on their seats at the table, the King-of-Arms and the Seal-bearer placed themselves on his Grace’s right hand, the Black Rod on his left, and the Sergeant-at-Arms and his Gentlemen on each side of his Grace, more backward. Then the Clerk of the Crown in the King’s Bench, and the Clerk of the Crown in Chancery, having the King’s commission to his Grace in his hand, both made three reverences to his Grace, and at the third reverence, coming up before him, they both kneeled down; and the Clerk of the Crown in Chancery, on his knee, presented the commission to his Grace, who delivered it to the Clerk of the Crown of the King’s Bench, who received it upon his knees, and then they, with three reverences, returned to the table.

“Then the Clerk of the Crown of the King’s Bench directed his Grace’s Sergeant-at-Arms (after thrice crying ‘oyez’) to make proclamation of silence, while his Majesty’s commission to his Grace the Lord High Steward was reading, which proclamation the Clerk of the Crown directed, and the Sergeant-at-Arms made, with his mace on his shoulder; then the Clerk of the Crown of the King’s Bench, opening the commission, read it, his Grace and the Lords standing up, uncovered, while it was reading.

“The commission being read, and his Grace bowing to the Peers, who returned the salute, and sitting down again, the King-of-Arms, and the Black Rod, with three reverences, jointly presented the white staff, on their knees, to his Grace, who, after a little time, re-delivered the same to the Usher of the Black Rod, to hold during the trial.

“Then the King-of-Arms returned to the right, and the Usher of the Black Rod, holding the white staff, to the left of his Grace’s chair. And proclamation was made for all persons except Peers, Privy Councillors, and the Judges to be uncovered.

“Then proclamation was made, that the person or per-sons to whom any writ or precept had been directed, for the certifying any indictment or record before the Lord High Steward, his Grace, should certify and bring in the same forthwith, according to the tenor of the same writ and precept to them or any of them directed.

“Whereupon the writ of certiorari, with the precept to the Lord Chief Justice of the King’s Bench, and the returns to the same, were delivered in at the table, and read by the Clerk of the Crown of the King’s Bench.

“Then proclamation was made for the person or persons in whose custody the prisoner was, to return to his or their writ and precept together with the body of the prisoner, into court.

“Whereupon the Sheriffs of the City of Dublin gave in the writ directed to them for bringing up the prisoner, together with his Grace’s precept and their returns to the same, which were read by the Clerk of the Crown of the King’s Bench.

Then they brought the prisoner to the bar, the axe being carried before him, and the person carrying the axe stood with it at the bar, on the right hand of the prisoner, turning the edge from him.

“The prisoner, at Ms approach to the bar, made three reverences, one to his Grace the Lord High Steward, the others to the Peers on each hand, and his Grace and the Peers returned the salute to him.

“Then the proclamation was made for the Sergeant-at-Arms to return his Grace the Lord High Steward’s precept to him directed, together with the names of all the Lords and noblemen of the realm, peers of the prisoner, by him summoned forthwith.

“Then the Clerk of the Crown of the King’s Bench directed the Sergeant-at-Arms to make proclamation for all Earls, Viscounts, and Barons of the realm, peers of the prisoner, who, by commandment of his Grace the Lord High Steward, were summoned to appear; there that day and were present in court to answer to their names.

“Then the Peers summoned were called over, and those who appeared, standing up uncovered, answered to their names, each making a reverence to his Grace the Lord High Steward, and were:-

Robert Earl of Kildare.

Henry, Earl of Thomond.

Alexander, Earl of Antrim.

James, Earl of Roscommon.

Chaworth, Earl of Meath.

Edward, Earl of Drogheda.

Hugh, Earl of Mount-Alexander.

John, Earl of Grandison.

Nicholas, Viscount Netterville.

Theobald, Viscount Mayo.

William, Viscount Mountjoy.

George, Viscount Castlecomer.

James, Viscount Limerick.

Marcus, Viscount Tyrone

Brabazon, Viscount Duncannon.

Humphrey,Viscount Lanesborough.

Francis, Baron of Athenry.

William, Baron of Howth

George, Baron of Carberry.

Charles, Lord Tullamore.

Thomas, Lord Southwell

William, Lord Castledurrow.

John, Lord Desart.

“After this the Peers triers took their places on the benches on each side, according to their respective degrees.

“Then his Grace the Lord High Steward addressed himself to the prisoner, and the indictment having been read:

“Clerk of the Crown: Is your Lordship guilty or not guilty?

“Lord Santry: Not guilty.

“Clerk of the Crown: How will your Lordship be tried?

“Lord Santry: By God and my peers.

“Then the Lord High Steward gave his charge to the Peers.”

“Laughlin Murphy, the unfortunate man killed, was,” according to Robert Jocelyn,” the Attorney- General, “a person who with a good deal of industry and difficulty maintained himself a wife, and three small children; by being employed as a porter, and carrying letters and messages. - The day this unfortunate accident happened,” continues our authority, “was the 9th of August, the fair-day of Palmerstown, the house a public-house, and, as I am instructed, the door that leads into the house goes into a narrow passage upon the right hand; the passage leads to the chamber where the noble Lord the prisoner at the bar was with his company on the left to the door of the kitchen, where the deceased was.

It has been opined that the Lord the prisoner at the bar had been drinking some time, - my brief says, some hours. The company was gone, but there happened some words between the noble Lord the prisoner at the bar and one Humphreys, something more than words; for,” continued Jocelyn, “according to my instructions, the noble Lord the prisoner at the bar twice attempted to draw his sword, but could not do it.

He was then in a passion, and suddenly left the room; and was going either out of doors or to the kitchen. It was then he met this poor man in the passage, and pushed him with his right hand, and the deceased went on to the kitchen, whither the Lord the prisoner followed him, and swore he would kill any man that should speak a word.

The poor man spoke, and the noble Lord the prisoner at the bar too punctually performed what he had so rashly sworn, and stabbed him. Upon this the man went into a room near the kitchen, stayed but a little while, and came back into the kitchen; the blood gushed out of the wound, the man fell down and cried out, ‘I am killed.’

Upon this the noble Lord the prisoner, going out hastily, took his horse, and gave the man of the house a four-pound piece, but gave him no order what to do.” Murphy died on the 25th of September, in Hammond-lane, Dublin.

Lord Santry’s defence was that his death had been caused by disease.

A letter written from Dublin by Dr. Thomas Rundle, Bishop of Perry, contains the following notice of this trial : -“Poor Lord Santry was tried on Friday by his peers. I never beheld a sight so awful and majestic and dreadfully beautiful in ray life; and nothing was ever performed with so much solemnity, silence, and dignity before in any country. The finest room in Europe filled with the nobility and gentry of the whole kingdom and both sexes; the High Steward, every one of the Judges; the Lords the triers; and the noble prisoner, young and handsome, most decent in his behaviour, and with a becoming fortitude in his speaking, - could not but compose the most affecting scene. All were so attentive that silence was not once proclaimed. The King’s counsel did admirably; but Bowes the Solicitor-General had an opportunity to show himself to the highest advantage. I always thought him an admirable speaker; but never imagined him half so great a man as I do at present, though I always loved and esteemed him. He did not use one severe word against the unhappy Lord, nor omitted one severe observation that truth could dictate. I never heard, never read, so perfect a piece of eloquence. Its beauty arose from true simplicity and unaffected ornaments; from the strength and light of his reason, the fairness and candour and good nature of his heart; from the order and disposition of what he said, the elegance and fulness of his expressions, the shortness and propriety of his reflections, the music of his voice, and the gracefulness of his elocution. They were all wonderful indeed; and charmed even those who were concerned and grieved at his most masterly performance. But if they did well, I think the counsel for the prisoner acted detestably. They only prompted him to ask a few treacherous questions, and spoke not one word in his favour; though I have the vanity almost to think I could have offered a point of law that would have bid fair to save him. When the 23 Peers returned to give their opinion, their countenances astonished the whole House; and all knew, from the horror of their eyes and the paleness of their looks, how they were agitated within before they answered the dread question - ‘Guilty, upon my honour;’ and he was so most certainly, according to the law: nor could they perhaps have brought in their dreadful verdict otherwise.”

The Peers unanimously recommended Lord Santry to the royal mercy, which being seconded by the Lord Lieutenant, the King granted him a reprieve, and subsequently a full pardon.

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