Ashton behaved with great intrepidity and composure.

He owned his purpose of going to France in pursuance of a promise he had made to general Worden, who, on his death-bed, conjured him to go thither and finish some affairs of consequence which he had left there depending, as well as with a view to recover a considerable sum of money due to himself.

He denied that he was privy to the contents of the papers found upon him; he complained of his having been denied time to prepare for his trial; and called several persons to prove him a protestant of exemplary piety and irreproachable morals.

These circumstances had no weight with the court.

He was brow-beaten by the bench, and found guilty by the jury, as he had the papers in his custody; yet there was no privity proved; and the whig party themselves had often expressly declared, that of all sorts of evidence that of finding papers in a person's possession is the weakest, because no man can secure himself from such danger.