FOOTNOTE:

Monday, March 27, 1820, was the day appointed for opening the Special Commission for the trial of the Conspirators engaged in the Cato-street plot, and the officers of the Crown attended accordingly in the court atHicks’s-Hall, at nine o’clock in the morning. The gentlemen who were summoned on the grand inquest were also in attendance.

The witnesses for the Crown, about thirty in number, were placed in a room by themselves, preparatory to their being taken before the Grand Jury. Those witnesses who themselves stood charged with being parties to the conspiracy were in separate rooms, under the charge of constables. Among them were Monument, who, it will be recollected, was committed to the Tower; and Adams, who remained for some time a prisoner in St. Martin’s watch-house, but was afterwards committed to the House of Correction in Cold-bath-fields. This man had been labouring under severe indisposition ever since his apprehension.

The pike-handles, guns, pistols, swords, grenades, daggers, ammunition, and other articles seized on the persons of the prisoners, and in Cato-street, at Brunt’s lodgings, and elsewhere, were deposited in the office of the clerk ofindictments. When collected together they presented a formidable appearance.

At ten o’clock the Attorney and Solicitor-Generals entered the Court, and took their seat at the barristers’ table. In a few minutes afterwards Chief-Justice Abbott and Chief-Justice Dallas, together with Mr. Const, and other magistrates, whose names were mentioned in the Commission, came upon the bench.

Proclamation was then made for silence, and the commission was immediately read by Mr. Dealtry, one of the clerks of the Crown-office.

The names of the gentlemen summoned on the Grand Jury were then called over, and the following gentlemen were sworn:

Job Raikes, esq.John Stock, esq.Thomas Milroy, esq.Robert Batson, esq.William Hills, esq.Henry Thomson, esq.Richard Gibbs, esq.Thomas Lomet, esq.James Gordon, esq.William Anderson, esq.William Parry, esq.John Booth, esq.John H. Pakenham, esq.John Warren, esq.George Frederick Young, esq.Robert Meacock, esq.Richard Jennings, esq.James Taylor, esq.John Johnson, esq.Francis Douse, esq.John William Horsley, esq.William Benning, esq.Stephen Taylor, esq.

These gentlemen having been sworn by CharlesAbbott, esq. marshal to the commission, proclamation was made for silence while the charge was delivered.

Lord Chief-Justice Abbottthen addressed the Grand Jury in the manner following:

“Gentlemen of the Grand Inquest—We are assembled in this place, under the authority of his Majesty’s Special Commission, issued for the purpose of inquiring into, hearing, and determining, certain offences therein particularly mentioned. These offences are, first, all high treasons, except such as relate to the coin of the realm; secondly, all misprisions of treason; thirdly, the murder of one Richard Smithers, deceased, and any other crime or offence touching the death of that person; and, fourthly, any offences committed against the persons of Frederick Fitzclarence, George Legg, John Surman, William Westcott, John Muddock, James Basey, and other persons, or any of them, contrary to the form of an act made and passed in the forty-third year of the reign of his late Majesty, for, among other things, the further prevention of the malicious shooting, maiming, stabbing, or wounding, any person or persons; and, gentlemen, it has become my duty to offer to your consideration some remarks on each of these subjects, for your assistance in the discharge of the important duty which will devolve upon you when the bills are laid before you.

“The particular crime of treason to which it would be proper to call your attention is to be found, 1st, in the ancient statute 25 Edward III., and 2dly, in a statute passed for very wise purposes in the 36th year of the reign of his late Majesty. [His Lordship here recited the enacting clauses of the statutes to which he referred; the first of which declares it to be high treason to compass and imagine the death of the King or theQueen, or to levy war against the King within his realm; and, the second enacts, that if any person, within or without the realm, compass or imagine the death of the King, or his deposition, or to do him any bodily harm, such as maiming, wounding, or imprisoning him, in order by force to compel him to change his measures or counsels of government, any persons so offending shall be guilty of high treason.]

“You will observe, gentlemen, that in each of the description of offences that I have enumerated, except the levying of war, which is in the ancient statute that I have alluded to, the words are, “imagination and intention,” which are words of the same meaning, and the actual perpetration of the crime is not mentioned. But it is further required by an ancient statute, that the party accused shall be provably attainted; and by a latter statute it is mentioned, that if the party shall express, utter, or declare his intention by any printing or writing, that is an overt act of such intention. The law has wisely provided for the public safety, that in cases of this kind, which involve the most extensive public mischief, the intention shall be adjudged the crime; but, at the same time, for the safety of the individual charged, it is required that such intention shall be manifested by some act tending towards the accomplishment of the criminal object charged.

“It may be proper to mention, that, before the passing of a late statute, it was settled by several cases, and the opinions of the first text writers, that all attempts to depose the king from his royal state, to restrain his person, or to levy war against him, were high treason; and all conspiracies, consultations, and agreements for those purposes, were overt acts of compassing and imagining the death of the king. By the late statute, all these things are made substantive treasons, and thereby the law is made more clear to those who arebound to obey it, and to those who may be engaged in the administration of it.

“It may be also proper to remark, that all the pomp and circumstances of military array are not necessary to the first levying of war. Insurrections for the purpose of accomplishing the designs I have mentioned to you by force, however ill arranged, if they are to accomplish an innovation in public affairs, in which the parties have no special or particular interest, are an actual levying of war. Rebellion at its first commencement is rarely found in military discipline or array, although a little success may soon lead it to assume those appearances. Any act manifesting a criminal intention, and tending towards the accomplishment of the criminal object, is, in the language of the law, an overt act. Overt acts may be committed openly and manifestly; but there are other overt acts, such as meetings and consultations, and contrivances, agreements and promises of mutual support and assistance, and incitements to others to engage in the same scheme, are also overt acts. Assenting to the designed purpose, assisting in the preparation of weapons, or any other thing necessary to the general design, are all overt acts of the particular kind of treason, of the particular compassing and imagination to which they may happen to apply; and in this crime of high treason the law acknowledges no accessories,—all are principals. All who participate in the design and object, whether they enter into them early or late, are equally guilty; for it will be found in conspiracies of a treasonable nature, as well as all other conspiracies, that each is engaged in accomplishing some particular object, which is a part of the general design. Some are more zealous and ardent, others are more close and reserved; but, as they are all acting in pursuance of the same view and object, all are equally guilty. Overt acts are most important matters for yourinvestigation. It is necessary that the proof be set forth in the indictment, in order that the accused may be prepared for his defence; but it is not necessary that all the circumstances of proof should be detailed. It is also required, in cases of high treason, that there should be two witnesses to the overt acts. It is not necessary that there should be two witnesses to every overt act; but if there be one witness to one overt act, and another to another, that is sufficient. Some one overt act must be proved to have taken place in the county in which the trial takes place, as in the present case, in Middlesex.

“Having said thus much upon the law, as it applies to high treason, I shall now address myself to the cases likely to be brought before you, in order that you may apply that law. But in any thing I may say, with reference to the inquiry in which you are likely to be engaged, I request you will consider it all as supposition.

“It has been supposed that a conspiracy was formed to assassinate certain persons engaged in the administration of the government of the country, when they were assembled at a dinner at the house of one of them, on February 23d: and it is supposed that a treasonable hostility to the government dictated that act, for the abolition of that government would follow this assassination. In furtherance of this design, seven persons were found almost in the act of immediate preparation, in a stable, with arms and offensive weapons, suitable to the accomplishment of such a traitorous purpose. Those persons, when attempted to be arrested by the peace-officers and the military, in their endeavours to escape, which many of them effected, killed one Richard Smithers. Pistols were discharged—weapons of death were used—and some or all of the persons named were wounded.

“Of these matters all of you have, no doubt, read and heard; therefore I take the liberty mostearnestly to entreat you to confine your attention to the evidence laid before you, and to banish from your minds such information as you may have previously received as to the motive or object of this supposed conspiracy, or as to the conduct of the particular individuals supposed to be engaged in it.

“I should tell you that a conspiracy to murder public persons, however important their situations may be, if arising from private malice, and not intended to bring about any other object, does not constitute the crime of high treason. But if the assassination of such persons is meant as the first step of a general design to attack and destroy by force the government of the country, or to compel the sovereign to adopt such measures as they may think fit, then that assassination assumes a different complexion, and may be considered an overt act of one or both of those species of treason which I have mentioned. If, therefore, a conspiracy to take away the lives of his Majesty’s ministers should be proved, you will look to the object about to be obtained by that assassination, and also to the number and rank of the persons intended to be assassinated; for the crime increases not only with the number of the conspirators, but with the number of the persons intended to be assassinated.

“It is, indeed, difficult to conceive that persons could from private malice alone, and without having a public object in view, conspire together to assassinate a number of individuals of whom they could have no knowledge but from the public situations which they filled. But the difficulty of the supposition must not supply the place of evidence. We well know that all attempts to subvert the government of this country must, in the calm and sober eye of reason, appear wild and hopeless; but you will consider that the mad persons who indulge such views are led to diminish the difficulties and to magnify the successand the benefit attending their schemes. It is natural for the vicious to think that there are others as wicked as themselves, and that they shall gain numerous adherents if they succeed in their first attempt. It is this belief that often leads them to a premature disclosure of their purposes to those whom they think likely to participate in their guilt, and that thus furnishes evidence of their dangerous designs; but dark and deep designs are seldom developed but through those who have joined in them. The evidence of accomplices, however, is always to be received with caution, and the conviction arising from such evidence should rest on circumstances of credibility rather than on the personal characters of the witnesses themselves. If such testimony were on all occasions to be rejected, one of the greatest securities to the honest part of society would be annihilated—namely, the want of mutual confidence in those engaged in wicked schemes.

“The next subject which is likely to come under your observation is misprision of treason, which consists in the concealment of treason, when it is within the knowledge of the parties by whom it might be divulged, and whose duty it would be to go before the first magistrate, and make known the evil purposes which they know to be contemplated.

“The third subject to which your attention may be directed is the murder of Richard Smithers, and any other offence touching the death of that person, who lost his life on the occasion of the attempt made to arrest those persons now in custody. It will be material to take into your consideration the place, the time, and the circumstances, where, when, and under which, that attempt to arrest them was made.

“The caution required by law as to the conduct of officers of justice in apprehending persons charged with crimes applies only to adwelling-house whereof the doors are not open, and that caution is confined to a dwelling-house alone. All other buildings or places of meeting may be lawfully opened and entered for the apprehension of persons charged with crimes against the law, without any previous notification made. And when those officers have declared the character in which they appear, the persons within are bound to yield themselves in the same manner as if they had been met in the fields, or in the open street; and if any of these officers be killed when the arrest would have been lawful, then the party by whom the death-wound is inflicted becomes guilty of the crime of murder. The arrest of persons under the authority of a warrant from the magistrates is a lawful arrest. So also is the arrest by peace-officers, without a warrant, of persons supposed or reasonably alleged to have committed felony. So also is an arrest by peace-officers, without a warrant, of persons actually engaged in any breach of the peace, or of persons assembled and arming, or otherwise preparing for the immediate perpetration of murder; because such an assembly and such a perpetration are in themselves criminal, and the arrest is actually necessary for the prevention of the accomplishment of a still more heinous design. I mention this, because the case likely to be submitted to you may fall within these observations. The persons required to surrender to the officers of the peace, though they may not be authorized to arrest them, are not warranted in assaulting those officers with deadly weapons, without warning them to stand off; and if they do, and death ensue, they all subject themselves to punishment for the crime of murder—at all events, they would be guilty of man-slaughter.

“In speaking of those guilty of murder, you will bear in mind that all who unite in resistance, and use words manifesting that determination, areequally guilty with him who inflicts the death-wound.

“Gentlemen, having said so much upon the third head of your inquiry, very little remains to be said of the fourth. This comprises all offences committed on the person of F. Fitzclarence, and the others maimed, contrary to the 43d of the late king, the title of which is set forth. You will therefore see that the jurisdiction does not extend to all offences committed against these persons, but only such as are contrary to the statute I have just mentioned to you. That statute is the fifty-eighth chapter of the 43d of his late majesty; and as no doubt it has been brought under the view of many of you, I need not enter fully into it. The provisions of this act are—‘That it is a capital felony for any person to shoot at, or wilfully to present and point loaded fire-arms at, and attempt, by drawing the trigger, to discharge the same at any of his majesty’s subjects, and also wilfully and maliciously to stab or cut, with intent to murder, rob, maim, or disfigure any of his subjects, or to do them any grievous bodily harm.’ There is an express provision in this statute which enacts, that these offences must be committed under such circumstances as that, if the attempt succeeded in depriving a fellow-creature of life, it would be murder. Now, if such an attempt be made in the open street, which probably is a case that may be brought before you, there can be no question of a malicious design to murder, or to do some grievous bodily harm. As, however, no case is likely to come before you falling within the excepting provision of the statute, I forbear to trouble you with any further observations, being well aware, that in this case, as well as in every other, the best security for the due discharge of the important trust reposed in you will be found in your own good sense, your ownsound discretion, and your own general knowledge. If, however, in the progress of your investigation any unexpected difficulty shall arise, the Court will be found ready to give you such further advice as you may require.

“Having detained you thus long, with such observations as I have thought necessary, I now dismiss you to the discharge of that important duty for the execution of which you are assembled.”

At the conclusion of his Lordship’s address, the Jury retired to their room, and proceeded to examine witnesses upon the indictments which were preferred before them. The Judges continued sitting in Court for upwards of an hour, when the foreman and a few other members of the Grand Jury returned, and an arrangement was made that their Lordships should resume their seats at twelve o’clock, and that the Grand Jury were to assemble at ten o’clock.

On this occasion, the following witnesses were in attendance:—The Right Hon. Nicholas Vansittart, R. Baker, Esq., R. Birnie, Esq., Captain Fitzclarence; Monument and Adams (in custody); Ruthven, Ellis, Westcott, Lee, Brooks, Surman, Wright, Taunton, Bishop, and Gill (officers); Serjeant Legge, John Muddock, Jonathan Curtis, Joseph Basey, Joseph Rivell, and Joseph Edgar (soldiers); Joseph Hall, Thomas Droyer, Thomas Hiden, Joseph Harry Price, Emanuel Francis, James Pocock, James Munday, Richard Munday, George Paylock, Mary Rogers, Eleanor Walker,&c.

Soon after twelve o’clock the Judges left the Court; and at half past twelve the Grand Jury, having then been a considerable time in deliberation, proceeded with the examination of witnesses.

Mr.Bouchier, one of the solicitors to theTreasury, was the first witness examined: he was only a few minutes before the Jury.

Robert Adams, the ex-Oxford Blue, and an accomplice of the conspirators, was next called. He was brought from the House of Correction, where he had been in confinement since the final examination of the conspirators before the Privy-Council, in the custody of Mr. Adkins, the Governor, and the principal turnkey. He was three hours under examination. He appeared perfectly cool and collected when he came from the Grand Jury Room. After his examination he was taken back in custody to the Cold-Bath-fields Prison.

The Right Hon.Nicholas Vansittart, Chancellor of the Exchequer, was the third witness. The Right Hon. gentleman, together withCaptain Fitzclarence, and other witnesses of the superior order, was accommodated with a private room, while waiting the summons of the Grand Jury. He was not more than ten minutes under examination.

Joseph Baker, servant to the Earl of Harrowby, and fourteen other witnesses, were then examined in succession. Amongst them was

John Monument, one of the eight committed to the Tower on the charge of high treason. He was brought from the Tower in the custody of two Yeomen of the Guard, and several officers, and was kept in a private room, attended only by the Yeomen, with their swords drawn, during the day. He seemed very uneasy, and continued pacing the room about the whole time that he remained there. He appeared pale and dejected, and by no means a willing witness. After his examination, which lasted nearly an hour, he was conducted back to the Tower in the same custody.

There were several women among the persons examined. They were of respectable appearance. Two boys were also called.

Captain Fitzclarence was the last witness called, and at six o’clock the Grand Jury adjourned until nine o’clock on the following morning.

Tuesday the 28th of March, the court again met, pursuant to adjournment, and soon after twelve o’clock, the Chief-Justices of the King’s Bench and the Common Pleas, and the Attorney and Solicitor Generals, took their respective seats.

At half-past two o’clock, the Grand Jury, having gone through the examination of the whole of the witnesses, entered with true bills for high treason against Arthur Thistlewood, William Davidson, James Ings, J. T. Brunt, Richard Tidd, J. W. Wilson, John Harrison, Richard Bradburn, James Shaw Strange, James Gilchrist, and Richard Charles Cooper.

The bills for high treason against Abel Hall and Robert George, were ignored.

The Lord Chief Justice then expressed to the Attorney-General his wish that the persons against whom true bills had been found might have intimation, without the trouble of coming into court, that their attorneys and counsel would have ready access to them. The Attorney-General promised that every facility should be given to the communication with their legal advisers.

On the following day the court assembled a third time to inquire into the murder of Smithers, and divers acts of felony alleged to have been committed by the prisoners; accordingly at twelve o’clock the Lord Chief Justice of the King’s Bench took his seat in Court. The Solicitor-General attended for the Crown.

The Grand Jury immediately entered, and delivered several bills to the clerk, who read as follows:—

True bills for murder against Arthur Thistlewood, John Thomas Brunt, Richard Tidd, James William Wilson, John Harrison and James Shaw Strange.

No bills for murder against William Davidson, James Ings, Richard Bradburn, James Gilchrist, Abel Hall, and Richard Charles Cooper.

True bills for felony against James Ings, Richard Tidd, James William Wilson, and Arthur Thistlewood.

The Foreman stated, that there was no other bill before them.

The Solicitor-General said, that it was not intended to prefer any more bills at present.

The Court was then adjourned by direction of the Lord-Chief Justice till the 13th day of April then next ensuing, at half-past 9 in the morning.

A material omission occurred in the bills of indictment preferred before this Grand Jury, assembled under the Special Commissions, with regard toDavidson, the man of colour, who, on the night of the capture of the conspirators, was standing sentry at the entrance to the place of meeting, armed with a carbine, and sword of immense length, and in resisting the attempt of the officers to take him into custody, discharged his carbine at one of them. In preferring the bills against the prisoners for the several offences with which they were charged, this circumstance was overlooked, and it was not recollected, till Wednesday the 19th of April. An order was consequently given on that evening by Mr. Maule, the solicitor to the Treasury, to Ruthven, Ellis, Gill (the man shot at), and other witnesses, to attend before the Middlesex Grand Jury, at Clerkenwell, on the following day, and to take with them the arms taken from Davidson. They attended accordingly, the bill of indictment was preferred, and a true bill found against William Davidson, for feloniously shooting at Gill, with intent to kill, &c. Only three witnesses were called. The bill was preferred before the Grand Jury summoned to dispose of the ordinary Sessions business, and not that which had assembled under the Special Commission.

On Monday the 3d of April, copies of the indictments, with lists of the jurors and of the witnesses to be produced on the trial, were delivered to each of the prisoners in their respective places of confinement.

TheListof theJurorscontained the names of 227 freeholders of the county of Middlesex, resident in the different parishes, many of them at a considerable distance from the metropolis.

TheIndictmentcontained four counts, on each of which certain overt acts were charged, manifesting and proving the acts of treason set forth. The following is an abstract of the Indictment.

The King against Arthur Thistlewood, William Davidson, James Ings, John Thomas Brunt, Richard Tidd, James William Wilson, John Harrison, Richard Bradburn, John Shaw Strange, James Gilchrist, and Charles Cooper.

FIRST COUNT.

That they did compass, imagine, invent, devise, and intend to deprive and depose our said Lord the King of and from the style, honour, and kingly name of the imperial crown of this realm.

First overt act.—That they did assemble, meet, conspire, and consult to devise, arrange, and mature plans and means to subvert and destroy the constitution and government of this realm, as by law established.

Second overt act.—That they did conspire to stir up, raise, make, and levy insurrection, rebellion, and war against our said Lord the King within this realm, and to subvert and destroy the constitution and government of this realm, as by law established.

Third overt act.—That they did conspire to assassinate, kill, and murder divers of the Privy-Council of our said Lord the King, employed in the administration.

Fourth overt act.—That they did procure, provide, and have divers large quantities of arms, in order to assassinate divers of the Privy-Council.

Fifth overt act.—That they did procure, provide, and have arms, with intent therewith to arm themselves and other false traitors, in order to raise, make, and levy insurrection, rebellion, and war.

Sixth overt act.—That they did conspire, consult andagree to seize and take possession of divers cannon, with intent to arm themselves and other false traitors, in order to make war against the King, and destroy the constitution.

Seventh overt act.—That they did conspire to set fire to, burn and destroy divers houses and buildings in and in the neighbourhood of London, and divers barracks, and to provide combustibles and materials for the purpose.

Eighth overt act.—That they did compose and prepare, and cause and procure to be composed and prepared, divers addresses, proclamations, declarations, and writings, containing therein solicitations, and incitements to the liege subjects of our said Lord the King, to aid and assist in making and levying insurrection, rebellion, and war, against our said Lord the King, within this realm, and in subverting and destroying the constitution and government of this realm, as by law established.

Ninth overt act.—That they did compose and prepare, and cause and procure to be composed and prepared, a certain paper writing, purporting to be an address to the liege subjects of our said Lord the King, containing therein that their tyrants were destroyed, and that the friends of liberty were called upon to come forward, as the provisional government was then sitting, with intent to publish the same, and thereby to solicit and excite the liege subjects of our said Lord the King to aid and assist in making and levying insurrection, rebellion, and war against the King, and in subverting and destroying the constitution and government.

Tenth overt act.—That they did assemble themselves, with arms, with intent to assassinate, kill, and murder divers of the Privy-Council, and to raise, make, and levy insurrection, rebellion, and war against our said Lord the King, and to subvert and destroy the constitution and government of this realm.

Eleventh overt act.—That they, armed and arrayed in a warlike manner, did ordain, prepare, levy and make public war against the King.

SECOND COUNT.

That they did compass, imagine, and intend to move and excite insurrection, rebellion, and war against the King, within this realm, and to subvert and alter the legislature, rule, and government, and to bring and put the King to death.

First overt act.—Same as in the first count, with the addition of “and to deprive and depose our said Lord the King of and from the style, honour, and kingly name of the imperial crown of this realm.”

Second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and eleventh overt acts, same as in the first count.

THIRD COUNT.

That they did compass, imagine, and invent to move, and intend to levy war against the King, in order by force and constraint to compel him to change his measures and councils.

First overt act.—That they did assemble, meet, conspire and consult to devise, arrange, and mature plans and means, by force and constraint, to compel the King to change his measures and councils.

Second overt act.—Same as in the first count only leaving out the conclusion, “and to subvert,” &c.

Third and Fourth overt acts.—Same as in the first count.

Fifth and Sixth overt acts.—Same as in the first count, omitting as before, “and to subvert,” &c.

Seventh overt act.—Same as in the first count.

Eighth, Ninth, and Tenth overt acts.—Same as in the eighth, tenth, and eleventh overt acts in the first count, omitting at the end of the eighth and ninth as before, “and to subvert,” &c.

FOURTH COUNT.

That they did levy and make war against the King, and endeavour by force and arms, to subvert and destroy the constitution and government of this realm, and to deprive and depose the King of the crown.

The following is theList of Witnesses, containing 162 names, and amongst them some of the most distinguished Members of Administration, the Police Magistrates and Officers, the Soldiers employed in the arrest, many women, boys, &c.

Adams, Robert, cordwainer, an accomplice, in custodyAlderson, Leonard, Antelope-gardens, Holywell-mount, cordwainerAldous, James, Berwick-street, pawnbrokerAvis, George, Bow-street patrolAdkins, William, governor of the House of Correction, Coldbath fieldsBathurst, Right Honourable CharlesBaker, John, servant to the Earl of HarrowbyBaker, Robert, Esq. Justice of the Peace, Bow-streetBaker, Gabriel, yeoman, warder of the TowerBaldwin, William H. shopman to Mr. Colnaghi, printseller, Cockspur-streetBarrow, William, chair-maker.Basey, James, soldier, 2d regiment coldstream guardsBishop, Daniel, officer, Bow-streetBissex, Charles, watchmanBirnie, Richard, Esq., Bow-street officeBrind, Joseph, servant to J. Saunders, St. John-street, ClerkenwellBrooks, William Charles, Bow-street patrolBourchier, Charles, Esq., assistant solicitor, TreasuryBulmer, John, warder of the TowerBubb, Thomas, watchmanBamford, John, captain and adjutant of the London and Westminster Light Horse VolunteersBuller, James, Esq., one of the clerks of his Majesty’s most honourable Privy-CouncilBrand, George, turnkey of the House of CorrectionBrand, Henry, dittoCastlereagh, ViscountCarr, Thomas, cordwainerCarter, Robert, yeoman, warder of the TowerCaylock, George, Cato-street, blacksmithChampion, Joseph, Bow-street patrolChapman, Robert, dittoChetwynd, Richard, Viscount, one of the Clerks of his Majesty’s most honourable Privy-CouncilCladdis, Stephen, yeoman, warder of the TowerClark, John, dittoClark, William, dittoClark, Thomas, Great York-mews, Portman-square, tailorCooper, William, warder of the towerCurtis, Jonathan, soldier, 2d coldstream guardsCygrove, John, dittoDavy, John, Parker-street, Drury-lane, wheelwrightDavies, Jeremiah, warder of the TowerDavies, H. servant to the Earl of Ailesbury, Grosvenor-squareDavison, Thomas, printer, Duke-street, West SmithfieldDenne, George, yeoman, warder of the TowerDevisme, Gerard, Esq., Bryanstone-street, merchantDobson, Jonathan, Silver-street, Clerkenwell, dealer in old ironDobson, Esther, wife of the aboveDwyer, Thomas, Gee’s-court, Oxford-street, bricklayerEast, James, warder of the TowerEast, Richard, dittoEast, Robert, White-street, Moorfields, letter-casterEdwards, George, Ranelagh-place, modellerEdgar, James, soldier, 2d coldstream guardsEllis, James, Bow-street patrolFarrell, Thomas, Duke-street, Lincoln’s-inn-fields, green grocerFitzclarence, Frederick, ensign, 2d coldstream guardsFlanagan, Patrick, St. Giles’s, watchmanFletcher, William, warder of the TowerFord, William, Mount-street, Lambeth, cordwainerFrancis, Emanuel, Southampton-mews, Marylebone, labourerFryer, William, warder of the TowerGill, Benjamin George, Bow-street patrolGillan, Henry, servant to Mr. Whittle, apothecary, Mount-street, Grosvenor-squareGould, Mary, Adam’s-mews, Grosvenor-square, wife of George Gould, victuallerGould, Elizabeth, Stanhope-st. wife of Robert Gould, victualler.Gibbs, William, Bow-street patrolHarrowby, Dudley, Earl of, Lord President of his Majesty’s most honourable Privy-CouncilHale, Joseph, apprentice to John Thomas Brunt, boot-closerHanson, Edward, sergeant of artillery, TowerHarknett, John, Clement’s-inn, labourerHarrell, James, Lamb’s Chapel-court, Monkwell-st., cordwainerHatton, Thomas, warder of the TowerHayward, Joseph, Long-alley, Moorfields, cordwainerHiden, Thomas, Manchester-mews, milkmanHoare, Mary, Great Wild-street, spinsterHobbs, John, White Hart-yard, Brook’s-market, victuallerHobhouse, Henry, Esq., one of his Majesty’s Under Secretaries of StateHoward, George, Fox-court, Grays-inn-lane, cordwainerHumphrey, William, warder of the TowerHumphreys, Samuel, Radnor-street, St. Luke’s, iron-founderInglis, James, soldier, 2d regiment coldstream guardsJennings, Thomas, New Compton-street, carver and gilderIsaacs, Jane, Cato-street, spinsterKeyes, Thomas, Frith-street, Soho, victuallerKeyes, Thomas, the elder, gent., same placeKnowles, Walter, warder of the TowerLane, John, gent., gaoler of the TowerLavender, Stephen, officer, Bow-streetLee, William, patrol, Bow-streetLeeson, John, warder of the TowerLegg, William, serjeant 2d regiment coldstream guardsLitchfield Elijah, Clerk of the office of solicitor of the treasuryLawson, Edward, Brown’s-lane, Spitalfields, currierLott, James, sergeant 2d regiment coldstream guardsMain, Thomas, warder of the TowerM’Carthy, Anne, Gray’s-buildings, Manchester-square, wife of James M’Carthy, labourerMansfield, John, servant, to ensign FitzclarenceMaule, George, Esq. solicitor to the treasuryMiles, Thomas, warder of the TowerMoay, Giles, Franklin, Marylebone, watchmanMonument, Thomas, Garden-court, Gray’s-inn-lane, cordwainerMonument, John, an accomplice, prisoner in the TowerMorris, Thomas, warder of the TowerMuddock, John, soldier in the 2d regiment coldstream guardsMunday, Richard, Cato-street, labourerMunday, James, same place, labourer, son of the aboveMaidment, Jeremiah, constable, Bow-streetMorison, John Hector, Drury-lane, cutlerMorris, Stephen, turnkey, House of CorrectionNixon, Luke, patrol, Bow-streetPalmerston, Henry John, Viscount, secretary at warPargiter, Henry, messenger to the solicitor to the treasuryPocock, J. Tunbridge-row, Lord’s Cricket-ground, whitesmithPoulson, Jonathan, servant to the Lord Archbishop of YorkPowell, John, warder of the TowerPratt, Edward, Fox-place, Lord’s Cricket-ground, smithPrice, J. H. Kendal’s-mews, Blandford-street, brassworkerPrivatt, Mary, Vine-yard, Southwark, char-womanPhillips, Henry, Pleasant-row, Lord’s Cricket-ground, labourerRaven, Henry Baldwin, clerk to the solicitor to the treasuryRead, William, officer, Hatton-gardenRevell, James, soldier, 2d regiment coldstream guardsRidsdale, William, waiter, Peele’s coffee-houseRochfort, George, Little Park-lane, Regent’s-park, watchmanRogers, Mary, Fox-court, Gray’s-inn-lane, chandler’s-shop keeperRogers, George, warder of the TowerRuthven, George Thomas Joseph, officer, Bow-streetSallibanks, William, Holly-row, Lord’s Cricket-ground, carpenterSalmon, William Joseph, Seymour-place, Marylebone, tailorSalmon, William, officer, Bow-streetSaxelby, warder of the TowerSheppard, Robert, dittoShephard, Sarah, Great Wild-street, victuallerSimpson, Edward, corporal-major, 2d regiment life-guardsSmart, Thomas, Wood-street, Westminster, watchmakerSmith, Augustus, Swan and Horse-shoe public house, Little Britain, plumber and glazierSpooner, Ralph, servant to Armstrong and Co. Leather-laneStafford, John, chief clerk, Bow-streetStrickland, James, corporal 2d regiment coldstream guardsSurman, John, patrol, Bow-streetSutch, William, John-street, Grosvenor-mews, cordwainerSmith, John Clark, John-street, West, Edgware-road, victuallerTaunton, Samuel H., officer, Bow-streetTaylor, Sarah, Warwick-street, Golden-square, printsellerThompson, Abraham, warder of the TowerTomlin, William, Gray’s-inn-lane, victuallerTownshend, John, patrol, Bow-streetVansittart, Nicholas, (the Right Hon.) chancellor and under-treasurer of his Majesty’s exchequerValentine, Benjamin, William, officer, Marlborough-streetUnderwood, William, warder of the TowerWales, John, officer, Marlborough-streetWalker, James, Gun-street, Old Artillery-ground, coffee-house keeperWalker, Eleanor, spinster, servant to Henry Rogers, Fox-court, Gray’s Inn-laneWeeden, James, Edgeware-road, oil and colour-manWelford, John, South-street, Park-lane, clerk to James Denew, auctioneer and appraiserWestcott, William, patrol, Bow-streetWood, Robert, Elliot’s-row, Lord’s Cricket-ground, tinmanWoodward, John, High-street, Islington, cordwainerWright, John, patrol, Bow-streetWheeler, Henry, turnkey, House of CorrectionWeston, Elizabeth, Cato-street, wife of Edward Weston, plumber and glazier.

In addition to the copy of the indictment, and lists of jurors and witnesses, the prisoners received each of them the following notice from the Solicitor to the Treasury:—

“The Kingv.Arthur Thistlewood, Wm. Davidson, James Ings, John Thomas Brunt, Richard Tidd, Jas. Wm. Wilson, John Harrison, Richard Bradburn, John Shaw Strange, James Gilchrist, and Charles Cooper, for high treason.“You are hereby required to produce, upon the trial of this indictment, certain paper writings, written or prepared, or caused to be written or prepared by you, or some or one of you, on or about the 23d day of February last, each of these purporting to be an address to the people of this kingdom, stating therein that their tyrants were destroyed, and that the friends of liberty were called on to come forward, as the provisional government was then sitting, or to the like purport or effect; and also a certain other writing, written or prepared, or caused to be written or prepared by you, or some or one of you, purporting to be an address to the soldiers, soliciting them to join the friends of liberty, andthat they should have their discharge, * * * * * and full pay for life, and twenty pounds to take them to their homes, or to the like purport or effect; and also all other addresses and proclamations whatsoever, written or prepared, or caused to be written or prepared, by you, or any of you, between the 1st day of January, and the 24th day of February last.“Dated this 8th day of March, 1820.“Geo. Maule, Solicitor for the Prosecution.“To the above-named Arthur Thistlewood, &c., and to each and every of them.”

“You are hereby required to produce, upon the trial of this indictment, certain paper writings, written or prepared, or caused to be written or prepared by you, or some or one of you, on or about the 23d day of February last, each of these purporting to be an address to the people of this kingdom, stating therein that their tyrants were destroyed, and that the friends of liberty were called on to come forward, as the provisional government was then sitting, or to the like purport or effect; and also a certain other writing, written or prepared, or caused to be written or prepared by you, or some or one of you, purporting to be an address to the soldiers, soliciting them to join the friends of liberty, andthat they should have their discharge, * * * * * and full pay for life, and twenty pounds to take them to their homes, or to the like purport or effect; and also all other addresses and proclamations whatsoever, written or prepared, or caused to be written or prepared, by you, or any of you, between the 1st day of January, and the 24th day of February last.

“Dated this 8th day of March, 1820.

“Geo. Maule, Solicitor for the Prosecution.

“To the above-named Arthur Thistlewood, &c., and to each and every of them.”

The reason for the service of the above notice was as follows: It was supposed that the accomplices who had become king’s evidence, would, in their examination as witnesses, state, that such an address as that referred to in the notice was prepared and in the possession of some of the defendants; and as the prosecutors would not, according to the rules of evidence, be allowed to give verbal testimony of the contents of the address without previously giving notice to the defendants to produce the original, the Crown Solicitor served them all with notice.

On the 13th of April, Mr. Sheriff Rothwell received a summons from the office of the Secretary of State for the Home Department, requiring his presence at Whitehall, to make the necessary arrangements for the removal of the state prisoners in the Tower to Newgate. The Sheriff, accompanied by Mr. Under-Sheriff Turner, immediately proceeded to the Home-office, where they were introduced to Lord Sidmouth.

The mode of conveying the prisoners having been decided upon, Lord Sidmouth delivered to Sheriff Rothwell a writ, empowering him to receive into his custody, from the Warder of the Tower of London, the bodies ofArthur Thistlewood,William Davidson,James Ings,John Thomas Brunt,Richard Tidd,James William Wilson, andJohn Harrison, charged with high treason. His Lordship at the same time intimated that a military force would be in attendance, to guard the prisoners to their place of destination.

In consequence of the plan adopted, on themorning of the 14th, as early as half-past six o’clock, Mr. Sheriff Rothwell, Mr. Under-Sheriff Turner, Mr. Under-Sheriff Pullen, Mr. Brown (gaoler of Newgate,) Mr. Wontner, (the Chief City Marshal,) and Mr. Brown, (the Deputy Marshal,) arrived at the Tower, and were immediately introduced to the resident Governor, Major J. H. Elrington, who had been apprized of their coming, and had given directions to the Warders to have their prisoners in readiness. A numerous detachment of the Life Guards soon afterwards arrived at the fortress, and these were followed by a strong party of Bow-street officers, in seven carriages, which were engaged for the occasion.

At seven o’clock, every thing being in readiness, directions were given to the Warders to bring forth their prisoners. The prisoners were then conducted separately from their respective places of confinement, between two Warders, into the Court-yard, where they were delivered to the officers in waiting, by whom they were handcuffed. While the handcuffs were being placed on Thistlewood he was greatly agitated, and trembled exceedingly.

Their names were called over from the writ, and Mr. Brown, the gaoler of Newgate, was thus enabled to recognize their persons. They were all perfectly silent until about to depart, when they expressed their thanks to the Warder for the humane attention which they had received.

The whole being now assembled, they were marched, each between two Bow-street officers, to the Fosse-gate, beyond which the carriages had been drawn up. Thistlewood was placed in the first carriage, and was joined by three police officers. The remaining prisoners were each placed in a separate carriage, and each attended by three Bow-street officers. They were accompanied by a troop of Life Guards, and proceeded in a direct course to Newgate prison.

The carriages were flanked on each side by Horse Guards in single file. Notwithstanding the early hour of the morning, and the secrecy with which theremoval was so prudently conducted, as the carriages issued from the Tower gates, an immense throng had assembled to witness their departure.

In the gaol of Newgate, the Marshal’s men, and a large body of constables, were assembled at seven o’clock, for the purpose of preserving order; and when, at twenty minutes before eight, it was announced that the prisoners were approaching, they sallied forth and formed a half-moon in front of the felons’ door. In a few seconds afterwards, the Horse Guards turned the corner of the Old Bailey, and rode up to the prison.

Mr. Sheriff Rothwell, and the Under-Sheriff, drove up to the private door of Mr. Brown’s house, and obtained admission to the gaol by that means. The prisoners alighted at the felons’ door, and were received by the chief turnkey. Thistlewood as he went up the steps, appeared greatly dejected; as did Ings, Tidd, and Brunt. Davidson, Harrison, and Wilson, seemed to maintain their confidence.

The prisoners were ultimately conducted to the cells which had been previously prepared for their reception; and the whole being thus safely delivered to the proper authorities, the Horse Guards rode off to their quarters.

Thistlewood was placed in a small but comfortable cell by himself, having a fire and other accommodations. In the day-time an officer was constantly present with him; and at night two were kept on guard.

The other six prisoners brought from the Tower were placed altogether, and had the accommodation of a large yard on the north side of the prison, in which they were allowed to take the air. With them also one officer in the day-time, and two at night, were always present.

At three o’clock in the afternoon the four prisoners confined in the House of Correction, likewise arrived at Newgate, without any military escort. They were brought in two carriages, accompanied by five or six police-officers. These four prisoners were placed in aseparate cell apart from those who had been brought from the Tower.

With respect to the prisoners arrived from the House of Correction, the same precautions were taken, and one guard in the day, and two at night, were appointed to be constantly present with them.

In order to prevent any disturbance of a serious nature taking place, a further precaution had been taken. A detachment of the London Militia arrived in the course of the afternoon at Newgate, and continued there until the whole of the trials were concluded.

A committee was formed among the friends and partizans of the prisoners, for the purpose of raising subscriptions to support the wives and families of the unfortunate men, who, it will be recollected, were all of the lowest and most abject class of society, during their imprisonment, and for employing a solicitor, retaining counsel, and arranging other matters for their defence on the approaching trial.

The following hand-bill, containing a forcible appeal to the feelings of the public, was put forth by the families of the misguided men, under the direction of the committee for the management of their defence. How far the assertions so confidently expressed in this paper were borne out by the evidence given on the trial, on which we are now about to enter, we leave our readers to determine.

AN APPEAL TO THE BRITISH NATION.“TheWivesandFamiliesof theunfortunate personsnow imprisoned for analleged conspiracyagainst the present government, venture to intrude their helpless and unprotected situation on the immediate attention of their countrymen, and to offer this imperfect, but they trust not unsuccessful, appeal.“Into the truth or falsehood of the charges, by virtue of which their husbands and parents are suffering under the double weight of public obloquy and rigorous confinement, they do not now presume to enter; they merely put in their claims in behalf of their unhappy relatives, that they maynot be deprived of the benefits common to every Briton,viz., that of being at least not condemned untillegallyproved guilty, nor excluded from all possibility of a fair and unbiassed trial,before a jury of their peers.“They beg to remind their countrymen that, hitherto, the unfortunate accused have had no opportunity of proving their innocence, or offering any thing in their own defence; that all isex-partestatement, consisting of the testimony ofBow-street Officers, and the exaggerated reports contained in the public Journals, the former of which in many instances have beeninterested parties, and have even beenprovedto have instigated to the commission of crime, that they might afterwardsbetray the delinquents, and obtain the promised reward; and the latter are notoriously guilty of loading their daily columns with the most scandalous falsehoods and misrepresentations.“Under these impressions, they trust that a generous and humane Public will suspend their judgment, until the whole of this unhappy business has undergone the solemn and final adjudication of a Legal Tribunal, when the guilt or innocence of the respective parties may be rendered manifest to the world at large. Of this they are naturally the more solicitous, because it will be recollected, that when upon a former occasion, some of the persons who now stand charged with the crime of High Treason, were accused and tried for a similar offence, it was found, after a patient and impartial investigation, to the perfect satisfaction both of the Jury and the British Public, that the alleged Conspiracy was (as they verily believe the present will also be proved,) nothing more than the artful invention ofhired Spiesandsecret Agents, who endeavoured to instigate to the perpetration of crime, that they themselves might reap an ample harvest from the blood of their deluded victims, and recommend themselves to their employers.“Waiving for the present, however, all further discussion upon this painful and distressing subject, it is earnestly hoped that whatever opinion or prejudice may be entertained respecting the guilt or innocence of the accused, a generous Public will not confound the innocent with the guilty, or suffer the defenceless and unprotected Women and Children, who have no share or concern in these melancholy transactions, to perish for want of timely relief, while their Husbands and Parents are lingering in solitary confinement, unable to stretch forth a helping hand to save them from impending ruin: they are at this moment actually destitute of the means of subsistence, and dying for want of food.“It is hoped that this imperfect but faithful statement of their real situation and circumstances, will induce the benevolent to step forward and contribute their liberal aid, to rescue those distressed objects from famine and despair.“Subscriptions will be received by the Printer, 10, Duke Street, Smithfield; Mr. Griffin, 10, Middle Row, Holborn, (opposite Gray’s-Inn Lane:) Mr. Walker, Gun Street, Spitalfields; and by the Relatives of the accused Persons The smallest Donations will be thankfully acknowledged.Mary Brunt, for herself and one child.Mary Tidd, and eight children.Amelia Bradburn, and eight children.Mary Strange, and two children.Charlotte Preston, and three sisters.Susan Thistlewood, one child.Sarah Davidson, and six children.Caroline Harrison, and three children.”

AN APPEAL TO THE BRITISH NATION.

“TheWivesandFamiliesof theunfortunate personsnow imprisoned for analleged conspiracyagainst the present government, venture to intrude their helpless and unprotected situation on the immediate attention of their countrymen, and to offer this imperfect, but they trust not unsuccessful, appeal.

“Into the truth or falsehood of the charges, by virtue of which their husbands and parents are suffering under the double weight of public obloquy and rigorous confinement, they do not now presume to enter; they merely put in their claims in behalf of their unhappy relatives, that they maynot be deprived of the benefits common to every Briton,viz., that of being at least not condemned untillegallyproved guilty, nor excluded from all possibility of a fair and unbiassed trial,before a jury of their peers.

“They beg to remind their countrymen that, hitherto, the unfortunate accused have had no opportunity of proving their innocence, or offering any thing in their own defence; that all isex-partestatement, consisting of the testimony ofBow-street Officers, and the exaggerated reports contained in the public Journals, the former of which in many instances have beeninterested parties, and have even beenprovedto have instigated to the commission of crime, that they might afterwardsbetray the delinquents, and obtain the promised reward; and the latter are notoriously guilty of loading their daily columns with the most scandalous falsehoods and misrepresentations.

“Under these impressions, they trust that a generous and humane Public will suspend their judgment, until the whole of this unhappy business has undergone the solemn and final adjudication of a Legal Tribunal, when the guilt or innocence of the respective parties may be rendered manifest to the world at large. Of this they are naturally the more solicitous, because it will be recollected, that when upon a former occasion, some of the persons who now stand charged with the crime of High Treason, were accused and tried for a similar offence, it was found, after a patient and impartial investigation, to the perfect satisfaction both of the Jury and the British Public, that the alleged Conspiracy was (as they verily believe the present will also be proved,) nothing more than the artful invention ofhired Spiesandsecret Agents, who endeavoured to instigate to the perpetration of crime, that they themselves might reap an ample harvest from the blood of their deluded victims, and recommend themselves to their employers.

“Waiving for the present, however, all further discussion upon this painful and distressing subject, it is earnestly hoped that whatever opinion or prejudice may be entertained respecting the guilt or innocence of the accused, a generous Public will not confound the innocent with the guilty, or suffer the defenceless and unprotected Women and Children, who have no share or concern in these melancholy transactions, to perish for want of timely relief, while their Husbands and Parents are lingering in solitary confinement, unable to stretch forth a helping hand to save them from impending ruin: they are at this moment actually destitute of the means of subsistence, and dying for want of food.

“It is hoped that this imperfect but faithful statement of their real situation and circumstances, will induce the benevolent to step forward and contribute their liberal aid, to rescue those distressed objects from famine and despair.

“Subscriptions will be received by the Printer, 10, Duke Street, Smithfield; Mr. Griffin, 10, Middle Row, Holborn, (opposite Gray’s-Inn Lane:) Mr. Walker, Gun Street, Spitalfields; and by the Relatives of the accused Persons The smallest Donations will be thankfully acknowledged.

Mary Brunt, for herself and one child.Mary Tidd, and eight children.Amelia Bradburn, and eight children.Mary Strange, and two children.Charlotte Preston, and three sisters.Susan Thistlewood, one child.Sarah Davidson, and six children.Caroline Harrison, and three children.”

Mr.Harmerwas employed by the Committee for all the prisoners, except Bradburn, having been previously employed for Bradburn by that man’s relations and friends.

Mr.Adolphusand Mr.Curwood, were retained as counsel for Thistlewood, Brunt, Davidson, Ings, and Tidd; and Mr.Walfordand Mr.Broderick, for the remainder of the prisoners.

It may be proper here to state, that during the whole time the prisoners were in custody, on the awful charges which we have so minutely detailed, the greatest attention possible was paid to their personal comfort and convenience, consistent with their safe custody; and indeed the unhappy men themselves felt and acknowledged the humane attention with which they had uniformly been treated.

[1]See Newgate Calendar, Vol. IV.

FOR

HIGH TREASON.

SESSIONS HOUSE, OLD BAILEY, SATURDAY,APRIL 15, 1820.

This being the day to which the Court had been adjourned for arraigning and receiving the pleas of the eleven prisoners, against whom Bills of Indictment for High Treason had been found, the proceedings commenced. At ten o’clock precisely, the Commissioners entered the Court, preceded by Mr. Sheriff Rothwell; they were, the Lord Chief-Justice Abbott, the Lord Chief-Justice Dallas, the Chief Baron Richards, and Mr. Justice Richardson. The Common Sergeant, who is also in the commission, was likewise present; and Sir William Leighton, Sir R. Carr Glynn, Mr. Alderman Christopher Smith, &c.

TheLord Chief-Justice Abbott, after the Commissioners were all seated, rose, and presented to Mr. Shelton the indictments which had been found under the Special Commission, for the purpose of having them tried under the General Session of Oyer and Terminer, and Gaol Delivery, then holden in that Court.

Mr.Shelton, on receiving them, immediately gave directions to Mr. Brown, the gaoler, to bring up his prisoners.

The prisoners were then brought into court, each man accompanied by a constable, and placed at the back part of the dock.

Arthur Thistlewood entered first; he looked paleand dejected. He was dressed in a black coat and velvet collar, light-coloured waistcoat, blue trowsers, and shoes. None of the prisoners were either handcuffed or bolted. The other men were decently clad, according to their means, and appeared cleanly and healthful. The whole being assembled,

Mr.Clarke, the deputy clerk of the arraigns, proceeded to call over their names from the back of the bill found for high treason, preparatory to

THE ARRAIGNMENT.

Arthur Thistlewoodfirst came forward, and was desired to hold up his hand. Having complied with this direction, he was placed at the bar. William Davidson (the man of colour), James Ings, John Thomas Brunt, and Richard Tidd, were then called, and went through the same ceremony.

Upon coming to the name of James William Wilson, Wilson, who remained with the other prisoners, did not answer. The name was twice repeated, but still he took no notice. One of the turnkeys then addressed him personally, and said, “Come forward, Wilson,” to which he replied, “That is not my name.”

Mr.Curwoodnow stated to the Court, that he was Counsel for some of the prisoners, and that it was intended to put in a plea of misnomer as to this man.

TheLord Chief Justice.—That must be done when the indictment is read, and when the prisoner is called on to plead.

The remaining prisoners, John Harrison, Richard Bradburn, and John Shaw Strange, James Gilchrist, and Charles Cooper, were then called, and severally came to the bar, and held up their hands.

TheLord Chief Justice Abbott.—“Prisoners, attend while the indictment is read;” and then, addressing himself to Mr. Clarke, “Let their names be called over again.”

Their names were accordingly called over; and Mr. Clarke proceeded to read the indictment for high treason, for which see page 90.

On coming to the second count,

Mr.Curwoodsubmitted, that as the overt acts in this count were similar to those in the first count, it was scarcely necessary to give the officer of the court the trouble of reading, or the court the fatigue of listening to it.

TheLord Chief Justice Abbott.—You think it may be dispensed with: very well, This may the more readily be acquiesced in, as all the prisoners have been furnished with copies of the indictment. Unless the prisoners themselves desire it, therefore, this count need not be read. His Lordship then addressed himself to the prisoners, and asked them whether they wished any more of this count to be read? He added, that their counsel thought it unnecessary.

Ings.—I do not think it is necessary.

The other prisoners all acquiesced in this determination.

The succeeding counts were then read, when Mr.Clarkeaddressed himself to Arthur Thistlewood, and asked him, whether he was guilty or not guilty of the treasons and felonies whereof he stood charged?

Thistlewood.—Not guilty.

Mr.Clarke.—How will you be tried?

Thistlewood.—By God and my country.

The same question, which is the usual form in arraignments, was then put to Davidson, who also pleaded Not Guilty, and agreed to be tried in the same way.

Ings, in a firm tone of voice, said, “I am not guilty. I will be tried by God and by the laws of reason. The laws of reason are the laws of God.”

TheLord Chief Justice.—Instruct him to plead in the usual way.

Mr. Brown having spoken to the prisoner, he agreed to the ordinary terms of the plea, and said he would be tried by God and his country.

John Thomas Brunt and Richard Tidd followed the example of Thistlewood and Davidson.

Mr. Clarke next called the name of “James William Wilson.”

Wilson came forward, and repeated his declaration, that that was not his name.

TheLord Chief Justice Abbott.—What is your name?

Wilson.—My name is James Wilson.

Mr.Curwood.—We mean to plead in abatement that this man has been indicted by a wrong name.

TheLord Chief Justice Abbott.—Is your plea prepared?

Mr.Curwood.—Yes, my Lord.

TheLord Chief Justice Abbott.—Let it be sworn.

The plea was then handed to Wilson, and he was sworn, in the customary form, to answer all such questions as the Court should demand of him.

TheLord Chief Justice.—Have you read the contents of that plea, and the form of affidavit subjoined; and is it true in matter and in substance?

Wilson.—I have, my Lord; I have signed it; it is true.

TheLord Chief Justice.—You swear the contents of your affidavit are true?

Wilson.—Yes.

TheLord Chief Justice.—Let the plea be received.

The plea was handed accordingly to Mr. Shelton.

TheLord Chief Justice.—The plea is received by the Court. It is for the Attorney General to consider what he proposes to do with it. For the present, take that man back.

The prisoner stood back. Harrison, Bradburn, Strange, Gilchrist, and Cooper, then pleaded Not Guilty, and pursued the course adopted by the other prisoners.

Thistlewood, Brunt, Tidd, Wilson, Harrison, and Strange, were then arraigned on a second indictment, charging them, in various counts, with the wilful murder of Richard Smithers, in the parish of Marylebone, in the county of Middlesex, on the 23d of February last.

They all pleaded Not Guilty, with the exception of Wilson, who again pleaded the misnomer, and a plea was ordered to be prepared accordingly.

Ings now attracted the attention of the Court, and said, “I wish to speak, if I am permitted. I wish to know whether we are going to be tried altogether or separately? My wish is to be tried separately. I think I shall be able to prove that I am innocent of the charges alleged against me.”

TheLord Chief Justice.—It is probable your request may be attended to; but this is not the proper time for making it. We will hear that presently.

The whole of the eleven prisoners were next arraigned on a third indictment, which was founded on the coroner’s inquisition, by which they were all, together with certain other persons to the jurors unknown, pronounced guilty of the wilful murder of Richard Smithers. In this indictment the name of Wilson was correctly set forth: he, therefore, together with the other prisoners, pleaded Not Guilty.

Arthur Thistlewood was then arraigned separately on an indictment, charging him with shooting at, with intent to kill, or do some grievous bodily harm to, William Westcott, one of the Bow-street patrol engaged in arresting the conspirators in Cato-street. He pleaded Not Guilty, as did

James Ings and Richard Tidd to similar indictments preferred against the latter, for shooting at, with intent to kill, William Legg, serjeant in the Coldstream Guards; and the former for shooting at William Charles Brooks, one of the Bow-street patrol.

To each of these indictments a count was added, alleging the intent to be to obstruct certain officers of the peace in apprehending them while in the pursuit of illegal objects, and conspiring to murder and assassinate certain liege subjects of our Lord the King.

James Wilson was put to the bar to plead to an indictment against him for shooting at John Muddock, one of the soldiers engaged in Cato-street; but, being again described as James William Wilson, he pleaded his misnomer once more, and a plea was ordered to be prepared accordingly.

The whole of the indictments having been gone through,

TheAttorney-Generaladdressed the Commissioners, and said, that as he understood it was the wish of the prisoners to separate their challenges, he begged that the prisoners might be apprized that Arthur Thistlewood would be tried alone upon the indictment for high-treason on Monday morning.

TheLord Chief Justicedesired that the prisoners might be asked, whether it was their wish to challenge separately?

The prisoners all expressed their wish to that effect.

Mr.Sheltonthen addressed Thistlewood, and informed him that he would be put upon his trial for high-treason on Monday morning, at nine o’clock.

The prisoners were then all taken from the bar, with the exception of Wilson, who remained to make affidavits to the pleas which he had tendered.

TheAttorney Generalthen adverted to the necessity of assigning Council to the prisoners under the terms of the statute.

TheLord Chief Justicedesired that the names of the Council selected by the prisoners might be stated to the Court.

Mr.Harmerimmediately announced, that Mr.Adolphusand Mr.Curwoodwere to be the Counsel for the first six prisoners, including Arthur Thistlewood; and that Mr.Walfordand Mr.Broderickwould conduct the defence of the remaining five.

TheLord Chief Justicedirected that the Council named should be assigned accordingly.

The additional pleas of Wilson were then brought into court by Mr. Harmer, and the prisoner was sworn to their contents.

TheLord Chief Justice.—Let the pleas be received. His Lordship subsequently announced, that the Attorney-General had filed his replication to the pleas in question.

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