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But all the Dublin arrangements exploded in the melancholy emeute of the 23rd of July, 1803, in which the Chief-Justice, Lord Kilwarden, passing through the disturbed quarter of the city at the time, was cruelly murdered; for which, and for his cause, Emmet suffered death on the same spot on the 20th of September following.
They were joined by a riotous and noisy rabble; and their unfortunate leader soon perceived that his following was, as had previously been said of the king's troops, "formidable to every one but the enemy." They had not proceeded far on their way when a carriage, in which were Lord Kilwarden, Chief Justice of the King's Bench, his daughter, and his nephew, the Rev. Mr.
The rebels had intended to attack Dublin Castle and seize the person of the lord lieutenant, who was to be held as a hostage; but they dared not make the attempt, and after parading the streets for a few hours were dispersed by the spontaneous action of a few determined officers with a handful of troops, but not before Lord Kilwarden, the chief justice, and several other persons, had been cruelly murdered by Emmet's followers.
The Lord Chief Justice, Lord Kilwarden, a man whose public spirit and whose devotion to law and justice would have done honor to any bench, ruled in favor of Curran's appeal, and ordered that Tone be removed from the custody of the Provost-Marshal.
The nursery pictures are on the wall, and in a cupboard there are my discarded books and toys, with others of an earlier date than mine. There is the dolls' house which was given to my great-grandmother when she was a child by Lord Kilwarden, that just judge who was a great friend of our family.
Many of the chief English and Irish jurists of his time, Lord Camden, Lord Kenyon, Lord Erskine, Lord Kilwarden, Judges Chamberlain, Smith, and Kelly, Sir Samuel Rommilly, Sir Arthur Pigott, and several others, agreed fully in Grattan's doctrine, that the settlement of '82 was final and absolute, and "terminated all British jurisdiction over Ireland."
In the latter end of the year 1803, an insurrection broke out in Ireland, and the Habeas Corpus Act was in consequence suspended. Lord Kilwarden, Chief Justice of the King's Bench in Ireland, was put to death by the insurgents in Dublin. War had also commenced once more between England and France.
Emmet's plan broke down, and it ended not even in a general rising of the nationalists of Dublin, but in a mere street riot, the most sad and shocking event in which was the murder of the Lord Chief Justice, Lord Kilwarden.
Kilwarden died soon after he had received his wound, but not before he had uttered the noble injunction that no man should suffer for his death without full and lawful trial. Seldom has even the assassin's hand stricken a worse blow than that which killed Lord Kilwarden. In an age when corrupt judges and partial judges were not uncommon, Kilwarden was upright, honorable and just.
He was colonel of the 21st Fusiliers. He was hastening to the assistance of Lord Kilwarden on the fatal night of Emmett's rebellion, when he was basely assassinated. He was buried in the churchyard of St. Paul's, Dublin, where his brother officers erected a marble tablet to his memory. He left an only daughter, who was married, in 1826, to M. G. Benson, Esq., of Lulwyche Hall, Salop.
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