An Authentic History of the Cato-Street Conspiracy / With the trials at large of the conspirators, for high treason and murder, a description of their weapons and combustible machines, and every particular connected with the rise, progress, discovery, and termination of the horrid plot

by George Theodore Wilkinson

TRIAL OF ARTHUR THISTLEWOOD,

First Day, April 17, 1820.

The interest excited by this trial was strongly manifested by the assemblage of a crowd in front of the Sessions-house, as early as seven o’clock. Previous to this time a numerous body of the civil force had arrived, and were stationed in such situations as to control the multitude. For the purpose of preventing the interruption arising from the passage of carriages and carts through the Old Bailey, rails were erected at the two ends, next Ludgate-hill and Fleet-lane. These were only opened to admit the carriages of persons engaged in the business of the Court.

At eight o’clock the arrival of the jurymen who had been summoned created considerable bustle, and this was greatly increased by the pressure of other persons for admission to the Court. Regulations were adopted to prevent the entrance of those who were not provided with tickets. This was the more necessary, as from the limited nature of the Court but a small portion of the public could obtain accommodation. The Jury alone, who stood in the body of the Court, were upwards of two hundred in number. Certain boxes were devoted to the reception of females, several of whom were present.

The witnesses for the Crown were divided into two parties. The more respectable were placed in the Grand Jury room, and those of an humbler class remained in a contiguous apartment.

Monument, who remained a prisoner in the Tower, was brought from thence in the care of two warders, and Lavender and Bishop. He was placed in a room by himself, as was Adams, who was brought from the House of Correction in the custody of Governor Adkins.

The pikes, swords, guns, pistols, grenades, ammunition, and other articles intended to be produced on the trial, and which the witnesses brought with them, presented a most formidable appearance.

At half-past eight Thistlewood was conducted from his cell, in the care of one of the Turnkeys. He appeared greatly dejected. He was placed in the apartment usually devoted to those about to be put on their trials. The other prisoners were not brought down.

As the time appointed for the sitting of the Commissioners approached, the body of the Court became greatly crowded; while the galleries, which are private property, and to which admission could only be obtained by the payment of a guinea, were comparatively thin. The boxes assigned to the Committee of City Lands and the Grand Jury were completely filled.

At nine o’clock the Commissioners entered the Court in the same order as described on Saturday. The Court was then opened in the usual form.

Mr. Shelton immediately proceeded to call over the names of the Jurymen summoned. As they answered, they were asked, whether they were freeholders in the county of Middlesex to the amount of ten pounds a-year, or of a freehold and copyhold together of that amount? In the event of their answering in the negative, they were passed over. Those who did not answer when called, were called upon their summonses “to come forth and save their fines of 100 shillings and issue.” Several were in this predicament.

The object of this ceremony was to ascertain the number and eligibility of the Jurymen in attendance, preparatory to their being subsequently subject to the challenges of the crown officers and the prisoners. Some of the gentlemen were excused from attendance on the ground of their health being so infirm as to preclude them from doing their duty as Jurymen.

While this form was going through, the prisoner Thistlewood was put to the bar, and attracted general attention. He was dressed as on Saturday, and came forward with apparent firmness. He had in his hand a pencil and a sheet of paper. He paid particular attention to the names as they were called over.

The Council for the Crown in attendance were, the Attorney-General, the Solicitor-General, Mr. Bolland, and Mr. Littledale. Those for the prisoners were, Mr. Curwood, Mr. Adolphus, Mr. Walford, and Mr. Broderick. Such was the pressure occasioned by the assemblage of the Jury, that they were constrained to ask permission to quit the Court as their names were called over. This request was complied with, but they were desired to remain within hearing.

As the prisoner stood at the bar, and while the Court was occupied in attending to the list of the jury being called over, a man of shabby appearance contrived to get to the corner of the dock, and to place his hat on the board in front, and then, calling Thistlewood’s attention, directed him to take the contents. Thistlewood immediately took from the hat five oranges, which he put in his pocket. Mr. Brown, who was in his box, witnessed the transaction, and admonished the obtruder. He afterwards directed one of his turnkeys to take the oranges into his possession. Thistlewood, on being asked, delivered up the fruit, and they were carried out of Court to be examined.

There might seem, in this conduct, on the part of Mr. Brown, something of harshness; but when it is recollected that an orange might be made the vehicle of conveying to the prisoner the means of personal destruction, or some other thing which the precautions already taken were meant to prevent, it will be seen that he did no more than became the vigilant execution of his duty. The oranges, having been examined, were returned. It was intimated to Thistlewood that he should be provided with any thing in the way of refreshment which he might require. We have already stated, that all communication with the prisoner, save under an order from the Secretary of State, had been most positively interdicted. The act of the individual in the present instance, however well-intentioned, was in direct contravention of this order.

Subsequent to this transaction, two letters, which had come by post, were delivered to Mr. Brown. We believe they were addressed to the prisoners, and, after they had been shewn to him, Mr. Brown felt it his duty to enclose and send them to the Solicitor of the Treasury.

At twelve o’clock the whole of the jury had been called over.

Thistlewood then addressed the Court, and said, “Will your Lordship allow me a chair?”

The Lord Chief Justice.—Considering the length of time which your trial is likely to last, the Court will grant you this indulgence.

A chair was then placed at the front of the dock, and the prisoner sat down, having first thanked the Court.

THE TRIAL.

Mr. Shelton then announced to the prisoner, that the jury were about to be called; and that, if he was disposed to challenge any or either of them, he would do so on their coming to the box to be sworn, and before they were sworn.

A considerable number of challenges then took place, both on the part of the crown and of the prisoner; at length the following jurymen were impannelled:

Alexander Barclay, Teddington, gent. and grocer.
Thomas Goodchild, North-end, Hendon, Esq.
Thomas Suffield Aldersey, Lisson-grove, North, Esq.
James Herbert, Isleworth, carpenter.
John Shooter, North-end, Hendon, gent.
Samuel Granger, Blackwall, lighterman.
George Dickenson, Colt-street, Limehouse, builder.
John Edward Sheppard, Eden-grove, Holloway,
John Fowler, St. John-street, iron-plate-worker.
William Gibbs Roberts, Ropemakers-field, Limehouse, cooper.
John Dobson, Felix-place, Islington, Esq.
William Cooper, Grove-street, St. Pancras, Esq.

After which the Lord Chief Justice thus delivered himself:—“As there are several persons charged with the offence of high treason by this indictment, whose trials are likely to be taken one after the other, I think it necessary, in the furtherance of justice, strictly to prohibit the publication of the proceedings of this, or any other day, until the whole of the trials shall be brought to a conclusion. It is highly necessary to the purposes of justice that the public mind, or the jurymen who are hereafter to serve, should not be influenced by the publication of any of the proceedings which may take place, until the whole of those proceedings shall be finished. It is expected that all persons, therefore, will attend to this admonition.”

Mr. Shelton then called the attention of the prisoner, and read the indictment.

Mr. Bolland, as junior Counsel for the Crown, having shortly opened the indictment, the Attorney-General, at half-past one, proceeded to address the jury.

“May it please your Lordship, and gentlemen of the jury; you are now assembled to discharge one of the most important duties that can devolve to the province of a jury, to decide upon the guilt or innocence of a party charged with the highest offence known to the law; and, upon such an occasion, I am satisfied it is unnecessary for me to bespeak your patient attention to the case before you, still less even to hint to you the necessity of coming to the investigation with unbiassed and unprejudiced minds. You, I am sure, will discharge from your recollection every thing you may have heard or read relative to the charge which is about to be preferred against the prisoner at the bar, confining your attention solely and exclusively to the evidence which will be adduced in support of the charge, and forming your conclusion on that evidence only. Gentlemen, the charge as I have stated to you, is one of the highest nature known to the law. Other offences, generally speaking, however heinous and however enormous, may in their consequences, except so far as example is concerned, end with the fate of the perpetrators, or with the individuals who have been injured; but, with respect to high treason, not only in its inception, but still more so if it is unfortunately completed, it draws after it consequences of the most important kind, affecting, not merely individuals, but the whole community against whom it is directed.

“Gentlemen, I shall not trouble you in the observations I have to make to you, painful as the duty now imposed upon me is, with any lengthened detail with regard to the law as it affects the charge imputed to the prisoner; because, if I mistake not, that law is so clear, and if I err not greatly, the facts that will be proved to you will establish the case against the prisoner in so clear and satisfactory a manner, that it would be an idle affectation in me to cite any authorities before you in support of the charge; because if the overt acts, as they are called, or any of them, are proved to your satisfaction (and I have no doubt but a considerable number of them will be proved,) no man who hears me can entertain the slightest doubt that the offence charged in the indictment will be established in point of law.

“Gentlemen, the charges in this indictment, though four in number, will be all proved to you by the same evidence; and if the evidence I shall lay before you be sufficient to establish one of them, it will, I believe, completely establish the whole. Three of the offences charged, consist in compassing and imagining the deposition of the King from his throne; the death of the King; and a conspiracy to levy war, in order to compel him to change his measures for the government of the kingdom.

“It is hardly necessary for me to state to you, that in proof of these charges, it is not essential that the plans of the parties accused should aim directly and immediately either at the life or the deposition of his Majesty; because, if they are aimed at that form of government which now exists—if intended to bring about a change in the system of rule now established, by means of war, which would naturally tend to effect that which must ultimately result either in the removal of the King from his kingly dignity, or in compelling him to change his measures in Council, that would be high treason; and therefore in these cases it is quite sufficient to shew that the plans framed were of a description and nature aiming against the government, (which will undoubtedly be proved in this case) although not directly and in the first instance aimed against the personal safety or the personal authority of the Crown. If, therefore, the consequences of the acts of the accused in this case, if those acts had been perfected, must inevitably have led to these results, they establish in point of law the treason charged; and therefore, Gentlemen, not to bewilder you in the inquiry which you are about to enter upon, I think it quite sufficient in the outset to state to you, that, in which I believe I shall be confirmed by the highest authority in the law when this case comes to be summed up to you, viz., that if the overt acts and facts charged in the indictment as evidencing the intention existing in the minds of the conspirators be proved to your satisfaction, they do prove the charges laid in this indictment; and, therefore, it is unnecessary to trouble you with any further observations on the law of the case.

“Gentlemen, important as the duty is which you are called upon to discharge, and anxious as that duty certainly must be to you, mine, I say, is no less anxious; for although in the address I purpose making to you, I do assure you I mean only to inform your minds of the nature of the charge brought before you, and of the evidence by which that charge will be substantiated, yet my duty is most painful; and I make this address with no view of leading your minds to any conclusion which the evidence itself does not warrant—with no intention of making any addition of my own, for, God knows, the facts want no addition to accelerate the inevitable conclusion to which you must come. It is my duty to state to you, as counsel for the prosecution, the case against the unfortunate man at the bar, as detailed to me in my instructions. My anxiety, therefore, is, I do assure you most conscientiously, not by any thing I shall state to you to attempt to lead or direct your minds to the conclusion which you ought only to draw from the evidence, but to state to you calmly and fairly the facts which I believe will be proved, without any attempt at exaggeration on the one hand, or any thing but a fair and candid narrative on the other, without any colouring whatever, because no colouring can alter the real facts of the case, however high. If I should err in this, and if in any thing I state to you, you shall, when you come to make up your minds, think the statement not proved in evidence, or the observations or inferences which I may have drawn shall not be fairly borne out by the facts proved, you will dismiss them from your minds, and confine your attention to that alone which is proved. But if you believe the statement I shall make, if you believe the observations made in that statement are fair and natural on the facts, then you will give them the weight they deserve, and you will suffer them to operate so far, and no further, as you, in your judgment, think they ought.

“Gentlemen, having said thus much, I will, without farther preface, call your attention as perspicuously and as shortly as I can to the facts which will be proved in evidence to support the charges. The prisoner at the bar, Arthur Thistlewood, must be already known to you by name; but, as I before stated to you, let nothing that you have known or heard of him before you came into this court to discharge the solemn duty you are bound to perform, have the least effect upon that verdict you are to pronounce. The prisoner at the bar, however, I state to you, as it will be proved in evidence, had for some time conceived the wicked and nefarious plan of overturning the government so long established in this country; and it will appear to you that several, nay, all of the persons mentioned in the indictment, were participators in the same design; some of them, probably, coming into that purpose and design at a later period than others, but all of them concurring in the last criminal event which led to their detection. I shall prove to you by the most satisfactory evidence, that all of them were combining in that act, which was to be the commencement of that revolution in the country, which was meditated. I would, however, call your attention to two persons, whose names you will frequently hear in the course of this inquiry, I mean a person of the name of James Ings, and a person of the name of John Thomas Brunt.

“The prisoner at the bar resided, during the time of the transaction which I am about to relate to you, in Stanhope-street, Clare Market. The person named Brunt, I believe, was a shoe-maker or boot-closer, residing at a place which will be frequently mentioned in the course of the evidence, Fox-court, Gray’s Inn-lane; he inhabited two rooms in a house in that court, I believe the second floor, and in one of which his trade was carried on, and in the other his family, consisting of himself, his wife, an apprentice of the name of Hales, and his son, lived.

“I shall not carry your attention very far back in the narrative of this transaction; it will be sufficient for me particularly in the outset, to call your attention to circumstances that took place between the close of the month of January and the 23d of the following month of February. Undoubtedly it will appear to you, that long prior to that period the prisoner at the bar, the two persons I have mentioned, and several of the others, whose names are included in this indictment, had consulted and devised plans for the purpose of overturning the Government. They had frequent meetings at a public-house, called the White Hart, in Brooks’ Market, in a room which they had obtained for the purpose of these meetings, behind that public-house.

“About the latter end of January, or at the commencement of the month of February, they thought it prudent to remove their meetings from this place, and that it would be better that they should be carried on, if possible, in a room in the house where Brunt lived in Fox-court; and to avoid suspicion, they therefore had recourse to this contrivance, that another room in that house, and upon the same floor on which Brunt resided, should be taken by the prisoner Ings, who is, I believe, by trade a butcher. Brunt and Ings on that occasion hired that room, for the avowed purpose of a lodging for Ings, but for the secret and real object of having their meetings there, where they might devise their plans, and prepare the means for carrying the object of their conspiracy into execution; that being a place of more security and privacy than the one at which they had previously held their assemblies.

“At the close of the month of January, or the beginning of the month of February, you will learn, that having previously prepared means for effecting their plans, their meetings at Brunt’s room became more frequent and regular. They had determined—and, Gentlemen, I here regret, that in an English Court of Justice I have to state to you the horrible purpose which then entered into their minds, and the way in which they intended to consummate the nefarious operations they had in view.—It was thought by Englishmen, that the assassination of several, if not all, of his Majesty’s ministers would be a proper step towards carrying into effect the revolution they intended; and you will find that they meditated and consulted on the means by which that horrible purpose was to be completed. They entertained hopes that they might be enabled, at some meeting of his Majesty’s ministers, to effect all at once the double purpose they had conceived. Having done that, they intended at the same moment, or about the same time, to set fire to various parts of this metropolis—to endeavour to obtain possession of the cannon which were at the Artillery Ground, and at the Light Horse Volunteers’ Stables in Gray’s Inn-lane—to create as much confusion and dismay as they could by these various operations, and then to establish, what, in their vain expectations, they had imagined themselves capable of effecting—a provisional government, the seat of which was to be at the Mansion-house. They had frequent deliberations on this plan.

“You will recollect that his late Most Excellent Majesty died on the 29th of January. At this time their deliberations were going on with the greatest activity. During the latter end of that month and the beginning of February, it was thought that the meeting of his Majesty’s ministers at the King’s funeral would be a proper occasion for carrying their plans into effect. They had intimation that upon that occasion, the greater part of the troops centred in the metropolis would be removed to Windsor, to witness the solemnity; and they imagined that would be a fit and proper period to commence their operations; but, however, they found that their schemes embraced more objects than at that period they had the means of effecting, and upon that night they did not attempt the purposes they had in view. But, gentlemen, brooding over their nefarious schemes, many of these men became impatient at the delay which from unavoidable circumstances, interposed between the present day and that on which they hoped to accomplish their purposes; and you will find that on the 19th of February, to which I shall presently call your attention, the impatience became so great on the part of many of these persons as to be restrained no longer. They found that during this delay, an opportunity offered at which they could effect the horrible purpose I have mentioned—the assassination of all his Majesty’s ministers assembled at one and the same house.

“They got intimation on Saturday the 16th of February, that on the Wednesday following the opportunity would occur when they would be able to effect their purpose, by finding that his Majesty’s ministers would be assembled at the same house. Upon hearing that such an assemblage was to take place, they determined, at a meeting held for that purpose, that at all events, on the following Wednesday some blow should be struck, and that the revolution they had in contemplation should actually take place.

“Having thus determined, they appointed a meeting on the following day, Saturday, at Brunt’s house, for the purpose of forming a committee, upon whom should devolve the plan which was to be effected on the ensuing Wednesday, at that meeting; and indeed at all the meetings, you will find the prisoner foremost in every thing. He was to be their leader, and he was to be one of the men on whom they placed the greatest reliance. You will find that at this meeting he is the person who addressed them, and prepared the plans, and in whose plans they placed the greatest confidence.

“Gentlemen, upon this 19th of February it was, that Thistlewood proposed that which I have stated to you. He stated, that as it did not appear from the intelligence they could collect, that Ministers were likely to meet at the cabinet-dinner soon, they immediately ascertained the strength of their respective parties, and having so ascertained them, these parties should be divided into different bodies, upon some of whom should devolve the horrible duty of destroying as many of his Majesty’s ministers as their means and convenience would allow; that upon others should be imposed the duty of setting fire to various parts of the metropolis; and that others should be assigned other duties, which were there pointed out by the prisoner.

“This plan, formed at that meeting, was seconded by Brunt, whose name I have already mentioned; and there too it was agreed as I have already stated, that on the following day, Saturday, a meeting should take place at Brunt’s room, in order to appoint a committee, upon whom should devolve the final arrangement of the plan which was to be executed on the following Wednesday.

“On the Sunday the meeting accordingly took place, attended by the prisoner, by Ings, by Harrison, by Wilson, and by other persons, whose names are mentioned in this indictment, and with which I do not at this moment trouble you, because, as your attention is confined to the present prisoner, it is unnecessary to do so. At the same time, in the course of this investigation, connecting, as we shall do, all these persons in one common plan and design, the acts and declarations of each will be most important, because they will all be answerable for the acts of each in furtherance of their common purpose. Upon that occasion they met at Brunt’s, and it was then agreed that they should meet again on the following morning, Monday, February 21.

“After the plans, I should tell you, on the Sunday were again repeated by Thistlewood, they were again approved by these persons. I think the number who attended on that occasion amounted to fourteen or fifteen persons. They then agreed that no activity should be wanting in the mean time. I mean to prepare that to which I shall by-and-by, call your attention. They met again on Monday at Brunt’s. The same plan was again canvassed. No objection was made, and they then separated for the purpose of communicating it to their different friends in different parts of the town; and for the purpose of collecting as many persons as they were enabled to do for the meeting on the following Wednesday. On Tuesday the 22d of February, a meeting took place again in the morning, at Brunt’s; and upon that occasion, one of the parties communicated to some who were present, that he had discovered by the newspapers, that a cabinet dinner was to be given on the following day, Wednesday, at my Lord Harrowby’s, in Grosvenor-square. Gentlemen, you will be shocked when you come to hear the evidence detailed, to find with what exultation this intelligence was received. Brunt, with an impiety which must shock every well-regulated mind, exclaimed, ‘that till then he disbelieved the existence of a God, but that now he was satisfied the Almighty was favouring their designs, and that this dinner was appointed by Providence on the following day to enable them at one blow to effect that purpose which had been levelled against each of his Majesty’s ministers separately, and that they might be enabled by that means to accomplish at once, the whole destruction they meditated.’ The exultation was not confined to him; you will find, that Ings and the other persons present equally rejoiced at the prospect of a speedy termination of their nefarious purposes, and hoping that on the following night they should at length attain that which was so great an object of their desire, and which they had pursued with the utmost anxiety. The newspaper was then sent for, to see if the intelligence was true. On being brought it was immediately determined, that instead of the plan of endeavouring to assassinate some of his Majesty’s ministers at their respective houses, that my Lord Harrowby’s should be the place of attack; and that there in the evening, between eight and nine o’ clock, after all the guests were assembled, and were lulled into security, that the attack should be made on the house, and that the ministers should be destroyed by the means I shall state to you.

“Their activity on this intelligence being received, was redoubled; they met again in the evening—their different partizans were requested at once to obtain all their fire-arms, the ammunition they had previously collected, and the different instruments of mischief which you will find they had prepared for execution, and that they should be in a state of preparation on the following evening to effect this purpose. I should have stated to you, gentlemen, before I had come to this part of the narrative, that a person of the name of Tidd, who is also included in this indictment, and who lived, I believe in the Hole-in-the-Wall-alley, Brooks’-market, was one of the conspirators, and had embarked in these plans. His house was made the depôt of arms and ammunition.

“As the meeting of the conspirators had been held at Brunt’s, they had a suspicion that their proceedings might be watched, and they thought it unsafe that that should be the place of deposit, and therefore Tidd’s house had, for some time, been the depository for the arms and ammunition which had been collected.

“As Brunt’s house was, as you know, at some considerable distance from Grosvenor-square, where the commencement of this scene of blood was to take place, they thought it would be better to procure some place of rendezvous nearer to the house of Lord Harrowby; and you will find therefore, though it was not communicated at that moment to the different parties, who were to be engaged in the transaction, that a place was procured at the west end of the town, in Cato-street, which runs into John-street, and thence to the Edgeware-road. A place was there procured by Harrison, another of the conspirators, for the purpose of meeting on the following evening, preparatory to their going to Grosvenor-square.

“Gentlemen, it frequently and providentially happens, as it generally will in conspiracies of this nature, that some of the parties, previous to the perpetration of their wicked designs, feel some compunction, which leads to a disclosure of their plans, and a prevention of their intentions; and you will find in evidence, in this case, that upon the Tuesday, the day on which the intelligence was received that the dinner was to be at Lord Harrowby’s the next day, which really was the case, one person of the name of Hiden, who had these plans communicated to him, because it was hoped that he would become a participator in their designs, felt such compunction as to compel him to communicate to Lord Harrowby the plan that was designed; and you will find, that upon that day, this person took an opportunity of watching Lord Harrowby from his house, on horseback, into the park, and there he generally communicated to him that some mischief was intended against him, and therefore forewarned him of it.

“It will also appear to you, that at their meeting on Tuesday some little alarm had been excited in the minds of some of the party, by a person named Adams, who had been told by the publican at the White Hart, that their meetings had been suspected, and that they were in some hazard of being discovered. He therefore stated to Thistlewood, and others, on Tuesday, that a communication had been made to him by the landlord that their meetings at the White Hart public-house had been observed by some of the police officers, and therefore he expressed his apprehensions, that their plans had been discovered, or were likely to be discovered. This excited in the minds of those present the greatest agitation. They were astonished that Adams should have ventured at such a meeting, consisting of fourteen or fifteen persons, to hint that there was a possibility of their plans being discovered. The intelligence produced the greatest alarm, and they immediately took into consideration what was best to do.

“The prisoner Brunt, in order to ascertain whether there was any ground for the suspicions entertained by Adams, proposed that some of the party should be posted near Lord Harrowby’s house, on Tuesday evening, and early on the following Wednesday, with a view of seeing whether any preparations were made to receive any intended attack, and thereby to ascertain to their satisfaction whether or not their plans had been discovered; and you will find that the suggestion of Brunt was carried into effect, by sending two or three parties, amongst whom was a man named Davidson, who will be a very conspicuous person throughout this transaction, and one of the most active partizans, to watch the house. They sent him and another person about six o’clock that evening, to watch Lord Harrowby’s house, and they were to be relieved between eight and nine o’clock by two others of the party, who were to keep three hours’ watch; at the end of which time they were to be relieved by others, who, in their turn, would be relieved by four in the morning. It will be proved to you that they actually went there on that night, and were seen by different persons in Grosvenor-square, watching Lord Harrowby’s house for the purpose mentioned, and finding, as was the case, that there appeared to be no alarm—that there were no police officers, or troops of any description introduced into Lord Harrowby’s house, or stationed in the neighbourhood, they felt quite satisfied that it was a groundless alarm on the part of Adams—that there was no foundation for suspecting that any of their plans were discovered; and therefore they proceeded without hesitation or dread to complete, as far as they could, the purpose they had in view.

“On the Wednesday morning, great preparations were made. Arms were brought by Brunt in great abundance to the stable in Cato-street; they consisted of sabres, swords, guns, pistols, and other destructive instruments of offence. But one of the most terrific instruments, and calculated for the most deadly purposes, and which they prepared themselves, was what was called a hand-grenade. It was composed in this way—there was a quantity of gunpowder enclosed in a tin case, three or four inches in circumference, round which was tied a quantity of tow, and on the outside was a quantity of iron, in pieces of various descriptions, sharp-pointed, and otherwise shaped, which were fastened together, and tied round with the same sort of material I have mentioned, so as to enable the instrument to explode with the greatest force; and the object of this machine was stated without disguise to be this: that upon their entrance into Lord Harrowby’s house, it was to be lighted by a fusee, communicating with the powder, and then thrown into the room; and by the explosion, the persons exposed to the mischief might be killed or wounded, as would naturally be the case. It seems they had prepared a great number of these destructive instruments; I know not how many.

“They had also prepared what they, in their mode of expression, called illumination balls, made for the purpose of setting fire to any buildings which it was their object and purpose to destroy. They had prepared also a large quantity of ball cartridges, the amount of which will probably surprise you, considering the apparently feeble means these persons had of procuring articles of this description. Will it be believed, that they had prepared between 11 and 1,200 rounds of ball cartridges? They had also prepared several sorts of cartridges of a different description, made with flannel bags, and had provided themselves with a very large quantity of powder. They had also prepared a great number of pikes, and pike handles, for the purpose of arming their friends and associates, who had no other arms. All these preparations must, obviously, have been the work of a considerable length of time. They must have been the fruits of very great labour, and they were all prepared and ready on the 23d of February for their intended operations.

“On the morning of the 23d of February, several of the conspirators assembled at Brunt’s house, where they were engaged in completing their hand-grenades, putting flints into their pistols, loading their arms, and, in short, making every preparation for the approaching attack. These facts will be proved to you by Brunt’s apprentice. I have already told you, that for the purpose of their meeting, and for the convenience of having some place near to Lord Harrowby’s house, a stable had been hired by one of the conspirators in Cato-street, near the Edgeware-road.

“I know not whether curiosity has led any of you, as it has done a great many of the public, to visit the place; but if it has not, I will endeavour to describe the situation, and I think you will agree with me, that a more appropriate situation for the purpose contemplated could hardly be selected. It is an obscure street, having a very narrow access at either end. I think at one end there is not any access for carriages, and at the other there is an archway, and under it posts, to prevent none but foot-passengers going in or out. The east end passes into John-street, and the west end, which is a very narrow cartway, runs into Queen-street, both John-street and Queen-street running parallel with each other into the Edgeware-road. The stable is the first building as you enter Cato-street from John-street on the right-hand side of the way, and it is nearly opposite the small public-house, called by the sign of the Horse and Groom. The stable had been occupied by General Watson, who is abroad, and rented of him by a person of the name of Firth, by whom it was let to Harrison for this purpose. It consists below stairs of a stable, with three stalls, and a small place adjoining, for the reception of a carriage or cart; and at the further end of it, nearly opposite the door, as you enter, is a step-ladder leading up into the loft over the stable, on the side of which are two small rooms, which are immediately over the cart or coach-house.

“It will be proved to you, that previously to the meeting on that evening, which was to take place about seven or eight o’clock, preparations had been made by Harrison, and several others of the party in the stable, for the reception of those who were to be assembled. In order to avoid the observation of the neighbourhood, some pieces of canvass had been nailed up against the window of the loft, to prevent persons from observing on the opposite side of the street what might be passing; and it was remarked by several of the neighbours, that this place was visited by a great number of persons during the afternoon, who were carrying something on their backs which the neighbours did not discover, but which, I have no doubt, were the arms and other implements of mischief collected there, and found when the prisoners were taken. Harrison, who was known to be one of those persons, was observed going into the stable in the afternoon; and on being asked what his purpose was in going there, he said, he had taken it from Firth, and was cleaning it out. About six o’clock, Davidson, the man of colour, was also observed by some of these persons residing close to the stable, going in with something on his back, and under his arm, which they could not discover, and a number of candles in his hand. You will find that he applied at one of the houses adjoining the stable, at six o’clock, to light one of these candles, with which he went into the stable. A party was to meet at Brunt’s lodgings, in order to proceed from thence to this stable. Tidd, whose name I have already mentioned, and who lived in the Hole-in-the-Wall-alley, was to accompany another party. They had not communicated to all the party, at first, the precise place of meeting, but some were to meet at the Horse and Groom, and others were to go to the Edgeware-road, near John-street, where some of the conspirators were to shew them to the place of rendezvous.

“Between seven and eight o’clock Brunt, and some others from his house, took their departure with arms, with which they had there provided themselves, and concealed under their coats, to this stable in Cato-street. They met there Thistlewood, Ings, Wilson, and some others, and here they proceeded to arm themselves with the weapons provided, and which were afterwards found; such as guns, pistols, swords, a great number of hand-grenades, and a considerable number of pikes, rudely formed, but sufficient for the purpose of doing incredible mischief. The handles of the pikes were composed of rough ash sticks of a large size, the ends of which were planed off, to admit a ferrule, and at the end was stuck a pike-head or bayonet; for articles of both descriptions were found, screwed on for the purpose of being afterwards used.

“At first their party at Cato-street consisted only of fourteen or fifteen persons, and some little alarm was excited, and some little suspicion evidently raised, in the mind of Thistlewood and some others, at Tidd’s not making his appearance at the appointed time, for there being some remarks made that their number was not so large as was expected, it was stated by Thistlewood, and by some others, that there were other persons, who would by-and-by assemble, and that other parties were gone for different purposes about the metropolis, who were not to accompany them to Lord Harrowby’s house in Grosvenor-square. In a short time afterwards, however, Tidd made his appearance with a person named Monument, who will be produced as a witness; a person who had only been recently induced to participate in their schemes—who a short time before had been introduced to Thistlewood, and who had an intimation generally with respect to their particular views; but he had not been admitted to a knowledge of the whole scope of the plan, until he arrived at Cato-street, although he might be aware that their object was to overturn the Government in some way or other. He arrived, however, with Tidd about seven o’clock, and the party at that time consisted of about twenty-five persons; two of them were appointed to remain as sentries below stairs to prevent any interruption. These persons were Davidson and Ings, and they remained on guard whilst the other conspirators were above stairs talking over their plans, and making the final arrangements for proceeding to Lord Harrowby’s house, in Grosvenor-square, which they proposed to do between seven and eight o’clock. Some alarm, as I have already told you, had prevailed in the party. Some of them expressed a fear that their own strength was hardly adequate to the object in view. Upon which Thistlewood and Ings said the opportunity must not be lost; that there was enough to complete the purpose of destroying his Majesty’s ministers; that when that was accomplished, the other consequences would follow; that they should have parties ready to set fire to different parts of the metropolis; that they would be joined by immense numbers the moment the first blow was struck, and therefore, there could be no hesitation in their minds to execute the intended purpose.

“Having thus assembled their forces, and prepared themselves for the desperate object of their enterprise, they began between seven and eight o’clock to consider who should be the party to enter Lord Harrowby’s house to destroy the ministers. The plan had been, that Thistlewood was to knock at the door, under the pretence of having a note to deliver to Lord Harrowby, and by that means having obtained access to the hall, they were to compel the servants to shew them to the room where the ministers were assembled; that they were to secure the servants, who, they naturally believed, would be soon overpowered, and should then immediately make their way into the room; and then they should, without discrimination, without reserve, or without any remorse, destroy every one of his Majesty’s ministers who should be assembled.

“I have stated to you, gentlemen, already the exultation and impiety displayed by Brunt on one occasion, when he contemplated the completion of his sanguinary purpose; and I cannot conceal from you one fact, as it affects the man named Ings, which will be distinctly proved; he had been a butcher, and he had armed himself on this occasion not with a blunderbuss, a gun, or any thing of that sort, but with a large butcher’s knife, and for the purpose of enabling him to use it with more effect he had twisted round the handle a quantity of thread, in order that when saturated with the blood of his victims, it might not slip out of his hand; and he stated, in language of the most gross and horrible import, that with this knife he would himself effect the murder and mutilation of some of the persons who should be assembled. The cruelty of the designs this man expressed, is beyond all description. The scenes, in fact, which had disgraced another country some years back, were to be acted again on British ground, and the heads of some of the ministers were to be triumphantly paraded through the streets, to procure converts to this detestable cause! Gentlemen, that very knife was found upon, and taken from, that man; and I mention that only as a corroborating fact, if corroboration be needed. Gentlemen, thank Heaven, that Providence which kindly watches over the acts and thoughts of men, mercifully interposed between the conception of this abominable plot, and its completion, which was all but perfected.

“In consequence of the communication made to Lord Harrowby, measures were taken in other quarters to prevent the impending danger. It being stated that these persons had met in Cato-street, for the purposes I have already mentioned, means were immediately taken to secure the conspirators, which, however, were not so effectual as could have been wished, but certainly so far as to prevent the execution of their dreadful purposes. In order to remove all suspicion from the minds of the conspirators, it was determined by Lord Harrowby, that the preparations for the dinner, which he had intended undoubtedly for his Majesty’s ministers, on that occasion, should go on; and in order that there should be no suspicion in the house of my Lord Harrowby, his servants were desired to proceed in the necessary arrangements for the dinner, because there is no doubt, that if any alteration had taken place in the arrangements of the day, it would have been communicated to the conspirators; and if they suspected that the dinner was not intended to take place, they would have changed their measures, and the ends of justice would have been defeated.

“In consequence, therefore, of the seeming perseverance in the design of having a cabinet dinner, all suspicion was removed from the minds of the Cato-street conspirators, who no doubt expected that they should be enabled, from the short distance of their rendezvous, to reach Lord Harrowby’s in about ten minutes or a quarter of an hour, and accomplish their purpose unmolested—a circumstance not unlikely, considering that the hour of eight was chosen; considering that the neighbourhood was the most quiet and retired in London; at a time, too, when the inhabitants of the square and its vicinity were employed in domestic retirement; at that hour when suspicion must be lulled asleep, and when no apprehensions could be entertained of personal danger; for that hour, and that moment was chosen by the Cato-street conspirators to issue from the scene of their nefarious deliberations. Precautions, however, had been taken as I have stated to you, in order to prevent the accomplishment of their designs. A number of Bow-street officers and patrol, had been directed to go to the spot, and endeavour to watch their movements, and counteract their operations, before they took their departure, and endeavour to secure the whole assemblage.

“A party of the Guards also were to attend in John-street, to assist the police; and, just at the moment that these persons were about to set out, and when Thistlewood was calling over those who were to separate from the rest to execute this horrible plan, the officers entered the loft. Upon their entrance into the stable below, they found two persons there, armed, who will be proved to be Davidson, for his colour, which is nearly black, was perceived; he had a double belt round his waist, in which were pistols and a cutlass, and he had a gun over his shoulder; they found him inside the door, and another person, who will be distinctly identified to be Ings. He was found at the bottom of the ladder, with this knife, with a cutlass, a sword, and with pistols.

“The officers, with a resolution and courage which does them high honour, considering the desperation and determination of these characters, immediately ascended the ladder without securing the persons below. They merely gave directions to those who followed, to keep them secure, and they thought that would be enough, without actually confining them. The first man who went up was a person of the name of Ruthven, who will be called to you: he was followed by a man named Ellis: after whom came a man, of whom you have undoubtedly heard before, named Smithers, who met his death by the hand of Thistlewood.

“On Smithers ascending the ladder, either Ings or Davidson hallooed out from below, as a signal for them to be on their guard above, and upon Ruthven ascending the ladder, Thistlewood, who was at a little distance from the landing-place, and who was distinctly seen, for there were several lights in the place, receded a few paces, and the police-officers announced who they were, and demanded a surrender. Smithers unfortunately pressed forward in the direction in which Thistlewood had retreated, into one of the small rooms over the coach-house, when Thistlewood drew back his arm, in which there was a sword, and made a thrust at the unfortunate man, Smithers, who received a wound near his heart, and, with only time to exclaim, “Oh! God!” he fell a lifeless corpse into the arms of Ellis. Ellis, seeing this blow given by Thistlewood, immediately discharged a pistol at him, which missed its aim. Great confusion followed; the lights were struck out; the officers were forced down the ladder, which was so precipitous, being almost perpendicular, that they fell, and many of the party followed them.

“Thistlewood, among the rest, came down the ladder; and, not satisfied with the blood of one person, he shot at another of the officers as he came down the ladder, and pressed through the stable, cutting at all who attempted to oppose him, and made his escape out into John-street, the military not having yet arrived; and he was no more seen at that time, except with a sword in his hand in the Edgware-road. By the other persons an equally desperate resistance was made.

“Conscious of the evil purpose for which they had assembled, they waited not to know on what charge they were about to be apprehended; but instantly made a most desperate resistance. Ings, Davidson, and Wilson, were particularly desperate, each, I believe, firing at some of the officers or military, who had only come to the ground on hearing the report of the fire-arms, not having been previously directed to the exact spot.

“Notwithstanding the resistance, however, which they so desperately made, and in which resistance Thistlewood, Tidd, Davidson, Ings, and Wilson took a most active part, by attacking the officers and soldiers, the whole of the conspirators were, at length, fortunately overcome, and eventually eleven of them secured. Not on that night, however, for three out of the eleven for the time escaped, namely Thistlewood, Brunt, and Harrison. The officers, however, not only secured on that night the eight men, but various articles of fire-arms, numerous weapons, and certain combustibles.

“The prisoner Brunt, gentlemen, one of those who escaped, returned that night to his own house. He was accompanied by another man, and his own boots were in such a state, as not to fail to excite the attention of some persons in the house. His boy (an apprentice, named Hale) soon learned, from the conversation which passed between his master and the man, that they had just escaped from Cato-street, and Brunt expressed a belief that his person had not been discovered. The prisoner, gentlemen, remained home the whole of the night, but early on the morning following, he called to him the apprentice boy I have named, and asked him as to his knowledge of some street in the Borough, where he wanted to convey some baskets. These were all carefully packed up, and it is a remarkable circumstance, which will be spoken to in evidence, that so anxious was he for the concealment of its contents, that one of the baskets was secured with the apron of his wife! Gentlemen, the prisoner now thought all secure; but he had scarcely effected his plan, and retired into another room, previous to despatching the baskets, when the officers entered the house and seized him. This, you may suppose, was not a little surprising to Brunt; for, most material would it have been to him to have the baskets removed. Upon searching these, gentlemen, were found a number of hand-grenades, fire-balls, and other articles of destruction. Upon their discovery, Brunt for some time affected ignorance of the thing, but he was told it was of no use.

“The prisoner at the bar, Thistlewood, who also escaped on the night of the 23d, retired not to his own house, however, but to an obscure lodging in White-street, where he thought to conceal himself. Information, however, soon reached the police-office, Bow-street, of his retreat, and early the next morning, a strong party of officers, headed by Bishop, were sent to apprehend him. Upon their arrival at the place, every precaution was, of course, taken to prevent an alarm; while the officers, at the same time, knowing the desperate sort of character they had to contend with, were equally guarded to resist any attack which might be made upon them. They proceeded to search the house, beginning with the top and descending to the lower rooms. They then observed a small room on the ground-floor, the door of which was locked, and Bishop demanded the key, which he procured; and knowing from what had taken place, the determined desperation of this man, he opened the door as softly as he could, and perceived by some slight light that came through two or three holes in the window-shutters, the person of Thistlewood lying on a turn-down bed. The moment he opened the door, Thistlewood put his head up, and Bishop immediately discovered him, and he immediately threw himself upon him, to prevent mischief. He then said, he should make no resistance, and on being taken out of bed, it was discovered that he had been laying in his breeches and stockings. Gentlemen, by these means the prisoner at the bar was taken; and thus ends, in point of fact, the evidence which will be adduced before you.

“Gentlemen, I have now to state to you, at the suggestion of a learned friend, a fact which I had almost forgotten. It is material for you to know, that on the 22d February, the conspirators held a consultation at the house of Brunt. Every thing was, on this occasion considered as finally arranged. I have already told you, it was their plan to set fire to various parts of the metropolis, and among other places, the barracks in King-street were fixed upon, not only because troops would be there, but because Harrison, who had been, I am sorry to say, in his Majesty’s service, was acquainted with the situation of the building, and pointed out the means by which it could be easily fired; and thus the soldiers, who would have retired to rest, would be unable to accoutre themselves or their horses. But this is not all, gentlemen; for at this very consultation, Thistlewood sat down and wrote two proclamations, in anticipation of the success of his diabolical schemes, and which proclamations were upon that success to be issued. But you will observe, gentlemen, it was not considered by the prisoner duly official to write these proclamations on paper, and Hale (the apprentice of Brunt) was sent in search of parchment. This being procured, he wrote an address to the following effect, intended for the people generally:—

PROCLAMATION.
“Your Tyrants are destroyed!
“The Friends of liberty are desired to come forward and
support the Provisional Government, which is now sitting.”

“So that, Gentlemen, if any doubt could be entertained of these men’s ulterior designs not being confined to the destruction of his Majesty’s Ministers, this proclamation, written by Thistlewood, would put it beyond all doubt. He wrote two or three of these. He read them aloud to the party assembled, and told them that they were to be stuck up where the houses were on fire, that the people might see it. Afterwards he sat down, and endeavoured to compose another proclamation, which was to be issued to the soldiers, and that contained an offer to the soldiers, calling on them to join the friends of Liberty; promising them twenty pounds each to carry them home, and that they should be rewarded with full pay and a pension for life!! These proclamations, Gentlemen, were read aloud by Thistlewood to the conspirators, and they were unanimously approved. Some of them, I should tell you, were to be posted as convenient as possible to every barrack or public place which might be set fire to or destroyed. Thistlewood himself carried the proclamations from the house of Brunt to Cato-street.

“And now, Gentlemen, having stated these facts, let me pause to ask you, whether, if I prove them in evidence, you can come to any other conclusion than that the prisoner who stands before you, is guilty? What answer, I will ask, can be given to such evidence as this, and if no answer can be given in evidence, what answer can be given in reason? It may be urged, in a general sense, that such schemes and such plans as the facts I have related to you disclose, ought scarcely to be credited in a Court of Justice. This may be inferred from the circumstance of heated men with heated passions conceiving and proposing the adoption of plans, wild and visionary, and in fact wholly impracticable. In this case, however, such a principle did not exist; for here were long laid regular plans, extensive schemes, and the most abundant preparations, to effect a wicked purpose. And will not desperate and designing men, infuriated by their passions either influence others to the accomplishment of such plans, or be worked upon by them themselves. Look then, Gentlemen, to the facts of the case yourselves. You will view them as calm and sober men, and in doing so, you will perceive such a system and such an adroitness towards the execution of that system, that their object requires but little solution.

“Gentlemen, it is not your duty to consider whether the schemes in question were wild and visionary, but whether they had for their object an illegal or wicked purpose; and if illegal, and that towards the execution of their plans they took but one step, they have then done that which renders them amenable to the offended laws of their country. If these arguments, Gentlemen, won’t avail, what then may not be urged for the prisoner? But you will also be told that accomplices are not to be believed on their oath in a Court of Justice. I contend, however, that they should; and if it was not permitted to accomplices in guilt to give evidence for the purposes of justice, then the blackest and foulest crimes would be daily committed, and go unpunished. But it is not the law of England, alone, to hear the evidence of an accomplice. It is the law of reason also, and has been the law of all ages and nations. I admit that you should watch with the greatest caution and jealousy the testimony of an accomplice. You should weigh his story well, and see whether it be confirmed by the more indifferent witnesses. Not confirmed in every part, for then his evidence would not be required at all: but in certain collateral parts which may be found to correspond with the other testimony. If therefore, Gentlemen, an accomplice is produced before you, and you believe a part of what he relates, you are bound in a great measure to believe that the whole of what he tells you is true.

“No man, or set of men, who had ever conceived such plans as I have laid before you, could have so conceived them without an intention of pursuing them. The plans, therefore, at least for some time, could be known only to themselves and to their God. I say then that the evidence of an accomplice is not only highly necessary, but even laudable; for if you resist such a principle, the more dark will be the crime, the more secret the scheme, and the more wicked the purpose. As I told you before, Gentlemen, it has long been the law of England to receive the evidence of an accomplice, and even in cases of murder, it has proved most salutary in the administration of justice.

“I will call a witness before you,Gentlemen, named Adams, an accomplice, as you will find, and he being in the full confidence of the conspirators, will prove to you the nature of all their proceedings from time to time, and of the different plans and communications which were made between him and them. I will call another man to you, Gentlemen, who was the first to make known the diabolical plans of the conspirators, to my Lord Harrowby; but this man was not much known to them, nor did he therefore rank high in their councils.

“This man in fact, when he heard the dreadful plan related of visiting his Majesty’s ministers with destruction and death, his heart shuddered, his conscience smote him, and he could hold out no longer. Some men, you know, have very strong minds, and are not to be deterred from the most wicked purpose. Others are less firm, and more easily shaken in the accomplishment of a cruel or immoral design. The witness whom I shall produce to you, Gentlemen, and whose name is Hiden, is one of this description.

“A third witness I shall produce to you, is an individual who was rather more in confidence with the conspirators. His name is Dwyer, and you will find that Thistlewood and Davidson applied to him for his advice and assistance towards the execution of their murderous purpose. You will even find that they solicited his aid on the very day in which that purpose was to be put into execution. This witness, however, horror-struck at the intended massacre, and feeling it to be his bounden duty, ran almost instantly and communicated the fact to others. He first communicated it to his wife, and next to an officer in the army, named James, with a view that it might be immediately conveyed to his Majesty’s ministers. This, under the special order of Providence, was done.

“And now let me again ask you, Gentlemen, is this testimony to be rejected? Surely it never can by enlightened men such as you are. But this even does not furnish my case for the prosecution; for I assure you it does not rest upon the testimony of Adams, Hiden, and Dwyer; but there are facts in this case which, I fear, the prisoner will not be able to answer. Why, I would ask, were these men assembled in Cato-street, and why at night? There were none of them related to each other, yet they were all armed with deadly weapons, and found in close deliberation in an obscure stable. There were also found there a quantity of destructive grenades and fire-balls, together with a large portion of ammunition. But this is not all. At the houses of two others of the conspirators, namely, Brunt and Tidd, there were found similar articles of destruction, particularly ammunition. The weight found of the latter, gentlemen, amounted to between eleven and twelve hundred pounds; and I would ask, in the name of God, what object could these men have had in the possession of such a quantity of ammunition? Surely it could not even be for an individual murder! No, gentlemen, it was the destruction of his Majesty’s ministers in the first place, the burning and levelling of public barracks and edifices in the next, and finally, the establishment of a revolution, and the appointment of a Provisional Government.

“These men, Gentlemen, could never have been unfriendly towards ministers as individuals. It must have been a hatred of them in the character of their office alone, and their design was more particularly levelled at Lord Harrowby, because his Lordship was President of the Council. Can you doubt, that after this dreadful blow was made, and it had succeeded, that it was the intention of these conspirators to have established a provisional government, and thus spread anarchy and confusion around. In fact, that was the eventual blow meant to be carried into execution. I say, therefore, that even if the learned counsel for the prisoners were to contend most successfully against the evidence of the accomplices, the facts I shall produce to you by other testimony, will answer the purposes of this just and necessary prosecution.

“What was the conduct of the prisoners when they were discovered in Cato-street? I want not, Gentlemen, by a repetition of this term, to inflame your minds: but it will be extremely important for you to remember, that when the officers entered the loft there, and said, ‘we are officers,’ they submitted not to their authority, but resisted them even in the most ferocious manner, and one officer, as you have before heard, unfortunately lost his life. The prisoner at the bar, however, is not under trial for that offence, nor should the fatal circumstance operate in the present case against him. But I must again ask you, what became of the prisoner on the 23d, the intended night of blood and slaughter? Why he flies from the desperate scene, not to his own home, as you have already been told, but to an obscure place of concealment. These, then, Gentlemen, are the facts of this momentous case; and once more I ask you, what possible conclusion can you draw from such facts, if they be supported in evidence?

“Gentlemen, I repeat it, that this is a momentous and important case, and if these plots of the conspirators, and of the prisoner in particular, be proved to have existed—if the means had been used which I have described to you for effecting the nefarious and diabolical plans they had formed, then I call upon you, in the name of justice, to give that verdict which will best satisfy the laws of your country, and tend to protect the lives of your fellow-creatures. Commiseration (if I may use the term) towards a prisoner, I never should withhold; and God forbid, Gentlemen, that you should not give to the man at the bar the advantage of every, even the slightest, circumstance of doubt which may arise in his favour. If these doubts also should predominate, it will be your duty to acquit the prisoner; but if, on the other hand, the facts which I have laid before you be substantiated, and you feel in your consciences that the charge is made out, it will then become your painful but bounden duty to convict him. Should these facts, I say, for the last time, be brought home to the prisoner, it will then be your duty, as men, as citizens, and as fathers—as men desirous of maintaining the laws, and of acting under the solemn obligation of your oaths, to pronounce him guilty.”

The learned gentleman’s speech occupied the attention of the Jury for nearly two hours.

Before the first witness for the prosecution was put into the box, all the prisoners named in the indictment were brought up, with the view, we suppose, of having an opportunity of hearing the evidence, it being principally the same which is to be adduced against most of them. They entered the Court with much apparent indifference.

Davidson and Ings were particularly remarked for the calm indifference with which they surveyed the Bench and the spectators around them.

During the examination of Adams, some of the prisoners whispered together. Thistlewood throughout preserved the most perfect composure.

The first witness called was

Robert Adams, examined by the Solicitor-General.—I live at No. 4, in Hole-in-the-Wall-passage, Brooks’-market. I am a shoemaker. I was in the Royal Regiment of Horse Guards. It is 18 years last Christmas since I left them. I knew Brunt at Cambray, in France, he went then by the name of Thomas Morton, it is 18 years ago since I first knew him. I know Thistlewood. I knew him first on the 16th of January last. He then lived in Stanhope-street, Clare-market. I was introduced to him by Brunt and Ings. I saw him at his own place. We had some conversation together.

Here Mr. Adolphus objected to the witness mentioning any thing of the conversation which passed on that occasion. The crime against the prisoner was charged in the reign of his present Majesty, and against his crown and dignity, and no act of the prisoners in the late reign ought to be adduced.

Lord Chief-Justice Abbot said, the Court might hear of the commencement of the transaction, as connected with what had occurred in the present reign.

The examination of the witness was continued.

When I went in, Brunt said to Thistlewood, This is the man I was speaking to you about. Thistlewood said, “You were once in the Life-Guards?” I said, “No, I was not, I originally belonged to the Blues.” Thistlewood said, “You are a good swordsman?” I said, “I could use a sword to defend myself; but I could not use it very expert, as I had not used any arms for a long time.” Thistlewood said, there was no one who was worth 10l. who was worth any thing for the good of his country. As to the shopkeepers of London, they were all a set of aristocrats together, and were all working under the same system of government. He should glory to see the day that all the shops were shut up, and well plundered. He then alluded to Mr. Hunt, and said, he (Hunt) was a d——d coward, and were he (Thistlewood) to go to Whitehall, he was sure he would find his (Hunt’s) name there, as a spy to government. He then turned the conversation to Cobbett, and said, he was equally the same as Hunt, and for all his writings, he had no doubt he was also a spy. This ended the conversation then. I was afterwards confined for debt in Whitecross-street Prison. The next interview I had with Thistlewood was on the 16th, at the White Hart public-house. It was in a room in the back yard. Thistlewood was present, and Ings, Brunt, and Hall, and before they broke up, Tidd. On the 17th I went to prison, and remained fourteen days there. I came out on Sunday, the day after the death of the King. I saw Thistlewood on the Monday evening following. I saw him in the same floor in the house where Brunt lived, in a back room. This was in Fox-court, Gray’s Inn-lane. There were Brunt, Ings, Hall, and Davidson, present. There was nothing particular took place that night. To the best of my recollection, I met them next on the Wednesday, (by them he meant Thistlewood, Brunt, Davidson, Harrison, and Ings,) I had a conversation—

Mr. Curwood here objected to the witness speaking to what then occurred, as no over-act was set forth in the indictment on that day. It merely referred to a meeting on the 16th, and at divers other times.

Lord Chief-Justice Abbott observed, that the present mode was the invariable form of such indictments, and no objection was ever made to it. If all the particulars of overt-acts were set forth, it would occasion a great prolixity.—The objection was over-ruled.

Witness continued—I went into the room and saw a number of pike staves, and Thistlewood wanted to have them ferruled. Thistlewood then asked why Bradburn (the prisoner) was not present, and he added that Bradburn was intrusted with money to purchase ferrules, and was not satisfied lest he should not buy them. The staves were green, and seemed as if they had just come from the country. Thistlewood said he would not give a damn for a man who would spend the money in such a way. I do not recollect any thing further then. The meetings were held twice a-day from thence to the 23d of February. The room was hired by Brunt for Ings; Brunt said so. I remember one circumstance that occurred: one evening, about ten days before the Cato-street business, I went in and saw Harrison, Thistlewood, and Brunt. Harrison said, he had been speaking to one of the horse-guards, and he told him, that the whole of them would be down at Windsor at the King’s funeral; and Harrison said, this would be a good opportunity to do something that night (the night of the funeral.) Thistlewood said it was a good place, and added, that if they could get the two pieces of cannon in Gray’s Inn-lane, and the six pieces in the Artillery-ground, they could so help themselves as to have possession of London before morning; and he said, that when the news should reach Windsor, the soldiers would be so tired as not to be able, when they came back to London, to do any thing; but that by activity some might go to Hyde-park, and prevent any person or messenger from going to Windsor. He also said, that they should go over the water and take the telegraph, to prevent any communication with Woolwich.

He then said that they should form a Provisional Government, and send to the sea-ports, to prevent any gentlemen from leaving England without passports. He particularly mentioned to send to Dover, Brighton, Margate, and Ramsgate, and he most particularly mentioned Brighton—not that he thought the new King would be there, or at the funeral. He said the present family had inherited the throne long enough, and it was no use for the present King to think of being crowned. Brunt and Ings came in after this, and Thistlewood mentioned to them what passed; but they said that nothing would satisfy them but their plan of assassination. They had talked at a former meeting of this plan of assassination. Two or three of them had drawn out a plan of assassinating his Majesty’s Ministers at the first public dinner they had. They talked of assassination at every one of their meetings. I could not say there were pikes in the room before this. I met them on Saturday, the 19th of February, at eleven or twelve in the forenoon. I saw Thistlewood, Davidson, Brunt, Harrison, Ings, and Hall. They were all set round the fire, and seemed in a conversation betwixt themselves. They all got up and turned round, and said, “It is agreed, if nothing turns out before next Wednesday night, next Wednesday we will go to work.” It was said they were all sworn that they would not wait any longer.

Thistlewood proposed they should meet the following morning at nine, to draw out a plan to go by. Thistlewood said to Brunt, “You had better go round this afternoon and mention it, in order to have the committee to-morrow.” Brunt said, he did not think he should be able to go, as he had some work to do, but he would go on the next morning, and perhaps he might see some of them: it was not necessary to bring a great many. Brunt appeared to be leaving the room then, and Thistlewood called to him, and said—“O, Brunt, it will be highly necessary for those that come to-morrow morning to bring fire-arms with them, in case any officers should come up.” On which Brunt said, “D—n my eyes, if any officer should come in here, the time is so near now, I would run him through the body. I would murder him here sooner than we should be discovered.”

On the next morning I went there about eleven o’clock. It was a little dark in my eyes when I went in after the snow. There were Thistlewood, Brunt, Harrison, Cooke, Bradburn, Tidd, Edwards, and Wilson, myself, and another. William Cooke, on looking round the room, said, “There are twelve in the room, and I think it enough to form a committee.” Thistlewood proposed that Tidd should take the chair. Tidd took the chair, and sat with a pike in his hand. Thistlewood was on his right and Brunt on his left. Thistlewood said, “Gentlemen, you all know what we are met for;” and then he turned to the door, as if unwilling to mention it, and said, “the west-end job.” Brunt then said, “D—n my eyes, name it.” On which Thistlewood again said, “Gentlemen, we are come to the determination to do this job, that we were talking about so long, and as we find there is no probability of meeting them (Ministers) altogether, we shall, if no opportunity of doing them altogether occurs, take them separately, at their own houses, and do as many as we can. If we can only get three or four at a time we must do them.” He also said, “I suppose we can take forty or fifty men to do this west-end job; and I propose to take the two pieces of cannon in Gray’s Inn-lane, and the six pieces in the Artillery-ground.” He proposed Cooke to lead this party, and he himself would command. He said they should take the Mansion-house as the seat of the Provisional Government.

They were next to take the Bank of England; and Palin should be the man who should set fire to the barracks, and several parts of London. This was the principal part of the plan, but if any thing else occurred before Wednesday, they would think of it. Brunt was then going to put a proposition which he had for assassinating the Ministers, but Thistlewood said, his plan should be first put from the chair, as they were nearly all agreed on it. He desired the chairman to ask if any of them had any thing to say, and that they should say it; but none of them saying any thing, the plan was carried unanimously. Brunt then came forward with his plan, which was, that they should assassinate as many of his Majesty’s Ministers as possible; that they should draw lots to assassinate some of the Ministers; and whoever the fellow was on whom the lot fell, he should murder the Minister, or be murdered himself; and that if any man failed in the attempt, he (Brunt) swore by all that was good, he should be run through the body. On which I got up, and said, “Mr. Brunt, do you not think it possible for a man to attempt such a thing, and not succeed in it; and do you mean to say he should be run through the body for not doing it?” To which he said, “I do not: if a man should attempt it and not succeed, he is a good man; but if he shews any cowardice, he deserves to be run through the body.” This proposition of Brunt’s was then put to the meeting.

Soon after this, Palin, Potter, and Strange, came in. They were welcomed, and were desired to sit near the fire, as they were wet. Palin said, “There is one thing I want to know; if it can be done, it will be a great assistance to our plan. I want to know what men are to perform each part of the plan, and who are to take the cannon. I want to know, in calling upon the men, whether I can tell them in part or whole what is to be done.” The chairman said, “I don’t see where the harm is of telling what is to be done.” Mr. Palin, seeing that he had that liberty, sat down quite satisfied. Nothing regular was transacted in the chair after that. Mr. Thistlewood said, “O, Brunt, that is well thought of, as Palin is here: you and Palin go, and see if the house near Furnival’s Inn is fit for setting fire to.” They went (Palin and Brunt), and reported it would make a d——d good fire. Thistlewood talked of getting means for a treat on Tuesday and Wednesday. Brunt said, he would be d——d, but he would contribute the only 1l. note he had earned for a long time. They proposed the White-Hart for the house. Thistlewood proposed his own room; but afterwards thought it would not do, as it might lead to suspicion. This was all on the Sunday morning. On Monday morning they met again. Witness then told them what Hobbes told him on Sunday night, of inquiries made respecting radical meetings at his house, and that information of it was given at Bow-street office, and at Lord Sidmouth’s office. Harrison turned round on witness like a lion, and said “Adams, you have acted d——d wrong.” Brunt said so too, and added, “Whatever you have to communicate, you have no business to communicate but to me and to Thistlewood.” Witness said, it concerned all, and he should tell all of it. They repeated the same observations. They talked of calling a meeting of the Mary-le-bone Union, as they wanted some money; and Brunt said, it would be of use for that purpose.

Witness and Potter went in the evening to the White-Hart; Palin and Bradburn joined them. Next morning they were there too, and with them Thistlewood, Tidd, Ings, Harrison, and Brunt. Edwards came, and told them there was to be a cabinet dinner next night. Thistlewood said, he did not think it was true. A newspaper was sent for, and read by Thistlewood. He read that they were to dine at Lord Harrowby’s, Grosvenor-square. Brunt then said, “I’ll be d——d if I don’t believe there is a God. I have often prayed that he would bring all these thieves together, in order to destroy them. He has answered my prayer.” Thistlewood proposed, that they should form a committee and sit immediately. Witness took the chair.

Thistlewood proposed immediately a fresh plan to be formed respecting the assassination. Witness expressed a hope they had paid due consideration to what he said yesterday. All got into confusion. Harrison said, “D—n that man who attempted to throw cold water on the plan, but he would run him through with the sword.” Witness left the chair, and Tidd took it. Brunt moved that a watch should be set on the Earl of Harrowby’s house that night. The object was to see if any men or soldiers went into Earl Harrowby’s. Two were to go at six, to be relieved at nine, and they were to continue till twelve. The watch was to be resumed at four next morning.

Thistlewood said he hoped they would be satisfied that no officers or soldiers went in. They would do what they had determined to-morrow evening; and added, that it would answer their purpose much better than to attack their houses separately, when only two or three could be got together. Here they would have fourteen or sixteen; a rare haul to murder them all. “I propose,” continued he, “when the door is opened, to rush in, seize the servants, present pistols, and threaten to kill them if they make any noise; two to take the entrance to the stair upwards, and two others to the stair to the lower part of the house, armed with blunderbusses and hand-grenades; and if any attempt to pass, to throw hand-grenades and destroy them all. Others are to go where the ministers are to murder them all. If there shall be any good men, kill them for keeping bad company.” All agreed. Ings said, he would go in first, with a brace of pistols and knives. The two swordsmen would cut off all their heads; and Castlereagh’s and Sidmouth’s should be flung in a bag by themselves. He added, “I shall say, my Lords, I have got as good men here as the Manchester yeomanry; enter citizens, and do your duty.” Harrison and witness were to be the swordsmen. After the execution of Lord Harrowby, at his house, Harrison proposed that some should go to King-street horse-barracks, and set fire to the premises by throwing fire into the straw in the stable.

Harrison and Wilson were to go to Gray’s Inn-lane, and, in case they could not carry the cannon out of the military-school, they were to wait till a party came to assist them. Thence they were to proceed to the artillery barracks, to assist Cooke in taking the cannon there. If they found their strength sufficient to proceed, they were to advance to the Mansion-house, and plant three of the cannon on each side of the Mansion-house, and to demand the Mansion-house. If it were refused, they were to fire, and then it would be given up. The Mansion-house was to be made the seat for the Provisional Government.

The Bank of England was next to be taken. They would take the books, which would enable them to see further into the villany of the government. The further parts of the plan were delayed till Wednesday. They agreed upon a sign and countersign. The word was “Button;” the man who came up was to say B-u-t; and the other was to reply t-o-n.—Being asked as to the watch, witness said, There are other things which I wish to state. I went there next morning, and found Edwards, Ings, and Hall, making fusees for the hand-grenades. Davidson went on the watch at six. Witness and Brunt went to relieve the watch. They saw Davidson in the square, on the watch. They went into a public-house, where Brunt played at dominos with a young man.

About eleven they went out into the square, and walked for some time, till witness got ashamed of himself. They went away at twelve o’clock. He went next day to Fox-court, between two and three. He found Brunt there. Strange came in, and in a few minutes afterwards two more strangers. Strange and another were trying the flints. They went into a back room to avoid the strangers, where witness saw cutlasses, blunderbusses, &c. Thistlewood, Ings, and Hall came in. Thistlewood said, “Well, my lads, this looks like something to be done.” He touched witness on the shoulder, and asked how he was. Witness replied that he was very unwell, and in low spirits. Thistlewood sent for beer and gin. Thistlewood then wanted some paper to write bills on. Witness said, cartridge paper would do. The paper was brought; and table and chair were got. The bills were then written; they were to be set on the houses, to let the people know what had been done. Thistlewood read as part, “Your tyrants are destroyed—the friends of liberty are called upon to come forward—the Provisional Government is now sitting. James Ings, Secretary. February 28.” Thistlewood was much agitated, and could write only three. Another bill was written, which was an address to the soldiers. Another person was employed to write it, and Thistlewood dictated to him.—Witness said he would tell what he had seen.

Mr. Adolphus objected to this, and contended, that the writing alone was evidence.

Witness could not say what became of the papers, and he had not seen them since.

Mr. Solicitor-General now stated, that notice had been given to produce the writings.

Witness said that this second kind of bill was not finished,—they could not agree as to the terms.

Mr. Adolphus renewed his objection to the question what Thistlewood dictated to be written.

Lord Chief-Justice Abbot.—In whose hands had you last seen the paper?

Witness did not know him.

His Lordship said, some doubts were entertained by some part of the Court.

Mr. Solicitor-General said, he would not press it.

Witness went on.—Ings had two black belts on, one for two pistols, the other for cutlasses. He had two bags on his shoulders, like soldiers haversacks. He looked at himself and said, he was not complete yet, he had forgot his steel. He took out a large knife, and brandished it about, and said, it would cut off the heads of Castlereagh and Sidmouth, and it would be thought a great deal of at some future time. The knife was a large broad knife, twelve inches long, the hand bound round with wax to keep a firm hold of it. Others were busy at other arms. They began to leave the room about half-past four or five, to go about the business.

Palin came in half an hour before. Palin said they ought to be aware of what they were about, and to think within themselves whether they were to do their country service or not, and whether the assassination would be countenanced by their country. If they thought their country would join them, then the man who flinched should be run through on the spot. Unless they came to this determination they would do no good. A tall man came in, and asked what the business they were about was. Witness had never seen him before. The tall man said, if they were to serve their country, he was their man, and if any one was afraid of his life, he ought to have nothing to do with such a concern as that. Thistlewood was then gone. Brunt was told, that inquiries were made by some who were present, as to the plan they were about, Brunt said, that was not the room for telling that; but they should go with him, and they would know. Brunt promised spirits; and the tall man cautioned against drunkenness, as ruinous to a cause like that. They went along the street, two and two, and at some distance, that they might not be observed. There was a cupboard in the room used for swords, hand-grenades, and flannel bags for cartridges, one of which was full. The rest of the arms were in Tidd’s room; that was the depôt. Thistlewood was always in a hurry to carry every thing that was got ready into the depôt, lest any officer should see it. Witness carried a brass-barrelled blunderbuss. There were pikes made of old files. Witness as he went on missed all his associates. He returned back, and met Brunt, who returned back with him along the Edgeware-road, till they met Thistlewood.

They went altogether to the stable in Cato-street. Witness stayed behind till Harrison came up, and made him go in. He saw there, Davidson and Wilson below, Thistlewood, Ings, Hall, Bradburn, Strange, Cooper, the tall man, and others above. There were, as Thistlewood calculated, at last, eighteen above and two below. There was a bench above and arms on it. Some beer was standing on the table. There were lights. There was a chest. Before Tidd came, Thistlewood went out for some time. Witness heard a deal of talk below, and he found Thistlewood, Brunt, Harrison, Davidson, and Wilson. They spoke of the good news, they heard that the carriages were arriving at Lord Harrowby’s as fast as they could. Witness went up to the loft, and saw Thistlewood and Brunt much agitated. They spoke of Tidd’s absence. Brunt pledged his word that he would come. He soon afterwards came. Thistlewood said, “I hope you will not give up what you are going to do; if you do, this will be another Despard’s business.” He then counted twenty persons, and said that was enough, fourteen would be sufficient to go into the room, and the other six would take care of the servants and doors. They then set apart fourteen.

The gin bottle was then started. Thistlewood said, if Lord Harrowby had sixteen servants, that was nothing, as they would not be prepared. A noise was heard below. Thistlewood took a candle and looked down to see who they were, and then set down the candle quite confused, according to witness’s judgment. Two officers took command of the room, holding small pistols, and said, “A pretty nest there is of you. We have got a warrant to apprehend you all, and hope you will go peaceably.” A man who was on the step of the ladder said, “Let me come forward.” This was the man murdered. A group of persons had got into the little room, and then came forward, and one of them stretched forward an arm, witness saw nothing in it, and another presented a pistol. The man fell. It was impossible for him to give a particular account of the other transactions. He got away, went home, and was apprehended on the Friday, and remained in custody since. He identified Davidson, Wilson, Brunt, Ings, Cooper, Harrison, Tidd. There were two he did not know. They were again called forward, but he said he could not swear to them. He was sent forward near the dock: but he said he did not know them. One of them, he said, he saw at the meeting.

Cross-examined by Mr. Curwood.—He went not there to assassinate his Majesty’s Ministers. His legs carried him there. His outward intent to all appearance was for that; but his inward intent was against it. He was kept to it, because Brunt said, whoever forsook them would be marked. He became acquainted with Brunt in Cambray, in 1816. He had been a soldier years before. He was a shoemaker. He had never been treasurer to a benefit society. He carried with him 40l. He thought the money his own. He had never been charged with stealing it. He was introduced to Thistlewood by his friend Brunt, to assassinate his Majesty’s Ministers. That was the first object. He first gave information on the Saturday after. It was indeed from compunction. “My motive was, gentlemen of the Jury, I do assure you, that I made a vow to God that I should tell the whole truth. I did indeed regard it with horror. I felt compunctious visitings before I was in custody. It was not because I felt my neck in danger, or because I thought it was better eighteen should be hanged than myself.” The greatest number he ever saw present was fifteen men. The greatest sum he saw was sixpence. There was no collection of halfpence and pence for the newspaper. Tidd’s was the depôt. He saw no muster-roll, and no cannon-ball. The cannon were to be charged with cartridges, and a large hammer was to be bought to strike down the tops of the iron palisades, as it was thought they would do more execution than balls. The newspaper was “The New Times.” Witness did not know whether it was correct. He had seen nothing of Edwards since. He was employed to carry a sword, as being expert at it. He was not sufficiently near to have killed the man in the loft with the sword. His hand was not extended. He could tell nothing of the proceedings that followed. He went away, and did not deliver himself up, because he saw no officer. He went home to abide the event.

Re-examined in chief.—He said, the British army were at Cambray when he became acquainted with Brunt there.

Another witness was then called, but the Court and Jury were of opinion, as it was half-past seven, that it was the best time for adjourning. The Court was accordingly adjourned till nine o’clock on Tuesday morning.

SECOND DAY.—Tuesday, April 18.

The Court met this morning at nine o’clock, and the names of the Jury having been called over, and Thistlewood and the other prisoners being put to the bar, the evidence for the prosecution was continued.

Eleanor Walker examined by Mr. Gurney.—I am servant to Henry Rogers: he lives at No. 4, Fox-court, Gray’s-Inn-lane. We had a lodger named Brunt. He occupied two rooms on the second floor. They were front rooms. In January a lodger came, introduced by Brunt. This was a month or five weeks before Brunt was taken up. He (Brunt) said the lodger lately came from the country, and he wanted a room; and as we had one to let, he wished him to have it. The room was unfurnished. He paid three shillings a week for it. He (the lodger) said he might not bring his goods in for a week or better. He never brought any in to my knowledge. I do not think I should know him again. I do not remember having heard him called by his name. The room he took was a two-pair back room.

This witness was not cross-examined.

Re-called.—While this person occupied the room, I heard persons frequently go up stairs.

Mary Rogers, the aunt and mistress of the last witness, examined by Mr. Gurney.—The room was let by my maid while I was out. After the lodger had been in the house for a week, I said to Mr. Brunt, “You have brought a lodger.” He said, “Yes, I have, and I hope he will pay you. I know nothing of the man, but seeing him at a public-house, and seeing him want a room.” He said he was a butcher out of work. He paid me for four or five weeks. I cannot say whether he ever slept there; he did not to my knowledge. I and my maid in the evening saw three men coming up stairs. The one in the middle was a black man. The light from my room was on their faces. At other times I heard persons going up stairs, but took no particular notice.

This witness was not cross-examined.

Joseph Hale, a young lad, the apprentice of Brunt, examined by Mr. Gurney.—I am apprentice to Brunt. I have served two years and better of my apprenticeship. I lived with him in Fox-court. I remember a person coming to lodge there in January. His name was Ings, a butcher. Brunt and he looked at the room. Brunt said, “It will do; go down and give them a shilling.” After that Ings used to come to the room. The key was mostly left in the front room, and Ings used to come there for it. Persons used sometimes to come to the room before my master was taken up. This was every evening. I saw different persons. They were Ings, Tidd, Thistlewood, Bradburn, Edwards, Hall, Potter, and Strange. I remember a man named Adams: he came. Davidson, the black man, came also. Others used to come, but I do not recollect them. They used to stay nearly about two hours. There was no furniture in the room that ever I saw. They used to take chairs in, out of the front room. I did not hear any of their conversation. They used to call Thistlewood sometimes T., his initial, and sometimes Arthur. I once saw the door of Ings’s room open, and saw some long poles, like branches of trees cut rough; I suppose about twenty of them. I sometimes heard hammering and sawing in the room. My master was taken on Thursday, the 24th of February. On the Sunday before that there was a meeting in the room. There were more that morning than ever I had seen come up before. All the persons whom I have named were there that morning. After the meeting broke up I saw Strange in my master’s room. There was no meeting on the Monday evening. There was no meeting on Tuesday. On the Wednesday there were several persons going in and out. Some of them came into the front room, where I worked. They got some pistols, and were putting new flints in them. There were five or six pistols. One of the men said there were people overlooking them from the next house, and Brunt told them to go to the back room. Strange and a man whom I did not know were the men who had the pistols. I cannot say how many I saw go in and out. I saw Thistlewood that day. In the afternoon he asked me for a sheet of writing-paper. I gave him one. He took it, I believe, into the back room.

My master after this came out of the back room, and desired me to get six sheets of cartridge paper. He gave me sixpence. I bought the paper and gave it to him, and he took it into the back room. This was about four or five in the afternoon. I heard people going down stairs between five and six. My master was in and out several times. He went away finally about six. There was a man went with him. It was not one of the men I used to see there. A table had been taken that day from my mistress’s room to the back room. I wanted the table, and went for it. I knocked at the door, and Potter opened it. There were four or five in the room besides Potter. After my master was gone, I saw Tidd between seven and eight. Mrs. Brunt called him, and he came into her room. She showed him a pike-head and a sword. She asked him what she should do with them. She then gave them to him, and he took them out of the room into the back room. After this I heard some persons go down stairs. Tidd left a message, that if any persons called they should be sent to the White Hart. Some persons did call on my master, and I went to show them to the White Hart. Potter came, and he went. He knew the way himself. There were three came to whom I shewed the way.

My master came home that night at about nine o’clock. I observed his dress was dirty. He appeared confused. I heard him say to his wife, it was all up, or words to that effect. He said that where he had been, a great many officers had come in. He said he had saved his life, and that was all. Just as he said this, another man came in. I do not know that man. Brunt shook hands with him, and asked him if he knew who had informed. The man said, no. The man then said, he had had a dreadful blow on the side, which knocked him down. Brunt then said, “There is something to be done yet.” After this Brunt and the other man went away together. Mrs. Brunt and I after this went to Ings’s room. I saw several rolls of brown paper with tar in them. I saw only one pole remaining. I saw something rolled up, and tied round with strings. I understood them to be hand-grenades. I saw an iron pot belonging to Brunt. My master came in about eleven o’clock. He told me to get up in the morning as soon as I could and clean his boots. They were very dirty. He called me in the morning at half past six, and when I got up he asked me if I knew the Borough. I told him yes. He then asked if I knew Snow’s-fields. I said no. He then went into the back room and put the things out of the cupboard into two baskets; one of which was afterwards put into a blue apron belonging to Mrs. Brunt. This apron had before this been as a curtain in Ings’s room.

My master told me that Potter lived in Snow’s fields. When we had the baskets ready, two officers came in and took my master into custody. I knew where Tidd lived. He lived in the Hole-in-the-Wall-passage, Brooks’-market. Adams lived next door.

Cross-examined by Mr. Adolphus.—My master is a journeyman shoemaker: not a very poor man. Adams is also a shoemaker. Ings had the lodgings five weeks. I believe they had meetings there every night. I thought there were about twenty persons there on the Sunday. I know some of the prisoners. Strange is a boot-seller—selling boots in a shop. Edwards was an artist. Edwards was there very often: oftener than Adams—almost every day. Hall was a journeyman tailor, I believe. I don’t know where he lives. I cannot say how many persons were there at one time on Wednesday. The baskets used by my master were rush baskets. As near as I can guess there were about twenty poles. They were branches of trees in a green raw state. I believe they kept a fire in Ings’s room. I do not know whether the poles were cut up to light the fire or not.

Thomas Smart examined by Mr. Littledale.—I am a watchman of the parish of St. George, Hanover-square. I was on watch on the south side of Grosvenor-square, on Tuesday the 22d of February. I went there about eight o’clock. About half-past eight I saw four suspicious men walking the square. I thought they were after no good; one of them was a dark man, and the other a tall man. I watched them. They were looking down the areas. Charles Bissix’s box is at the west side of the square.

Cross-examined by Mr. Curwood.—It was not a very uncommon thing to see suspicious men walking about.

Henry Gillan examined by Mr. Bolland.—I am a servant to Mr. Whittle, apothecary, at 15, Mount-street, Grosvenor-square. I sometimes use the Rising-sun public-house. It is in Charles-street, which runs into Grosvenor-square and Mount-street. I was there on Tuesday the 22d of February. I saw that short man (pointing to the prisoner Brunt) there. There was a tall man with him. They had some bread and cheese and porter. There were dominos on the table, and the short man challenged me to play with him. I played two games with him, and left the house before ten, leaving them there.

John Hector Morris examined by the Attorney-General.—I am a journeyman cutler to Mr. Underwood, in Drury-lane. I remember on Christmas-eve a man brought a sword to my master’s shop. The man was habited like a butcher. He drew the sword from under his smock-frock, without a scabbard. He wished to have it ground sharp, particularly at the point. He said to put the name of Inns on it; but I am hard of hearing, and it might be Ings. He called for it in a few days. In about a fortnight he brought another sword to have it sharpened in the same way. It was much longer than the other. [Here the witness identified the prisoner Ings as the man who brought the swords.] I should know the swords again.

Edward Simpson examined by the Attorney-General.—I am a corporal major of the 2nd Regiment of Life-Guards. I know a person named Harrison. He was in the Guards. (Here he identified Harrison.) He was discharged in 1814. When I knew him, he was in King-street barracks, Portman-square. He had an opportunity of knowing them. Part of the barracks looked into Gloucester Mews. There was a loft with five windows looking into it. There was hay and straw in that loft; the windows had been stopped up since the Cato-street business.

Cross-examined by Mr. Curwood.—I don’t know how many men are in Knightsbridge barracks; they would hold about 300.

James Adams examined by the Attorney-General.—I am a pawnbroker in Berwick-street. I know the prisoner Davidson from his having pledged things at my shop. He came on the 23d of February, in the morning, and took a brass-barrelled blunderbuss out of pledge.

This witness was not cross-examined.

Thomas Hyden examined by Mr. Gurney.—I am a cow-keeper. I was formerly a member of a shoemakers’ club. I knew Wilson there. I saw him a few days before the 23d of February; he met me in the street, and made a proposition to me. He asked me if I would be one of a party to destroy his Majesty’s Ministers; he said they were waiting for a cabinet dinner, and that all things were ready. He told me they had a sort of things which I never saw; they were called by the name of hand-grenades,—and, he said, he depended on me to be one. He said that Mr. Thistlewood would be glad to see me, if I would be one. He said, the use to be made of the hand-grenades was to be put under the table, at the cabinet dinner, with the fuse alight, and those who escaped were to be destroyed by the sword or some other weapon. He also said that fires were to be lighted, and the town to be kept in confusion for several days, till the thing became general. He named some houses. Lord Harrowby’s, Lord Castlereagh’s, Lord Wellington’s, Lord Sidmouth’s, the Bishop of London’s, and several others which I do not remember. I told him I would make one. This was, I believe, four or five days before the Cato-street business. Before that I went to Lord Harrowby’s. I do not remember the day. I followed his Lordship in the park. I gave him a note. On Wednesday, the 23d, I saw Wilson again. I believe it was between four and five o’clock in the afternoon. I met him in Manchester-street, Manchester-square. He said, “Hyden, you are the very man I wanted to see.” I asked him what there was going to be; and he said, there was to be a cabinet dinner at Lord Harrowby’s, Grosvenor-square. He told me I was to go to the Horse and Groom public-house, the corner of Cato-street. I was to go in there, or otherwise I was to wait at the corner until I was shoved into a stable close by. I asked him the hour, and he said about half past five or a quarter before six. I then asked him how many there were to be, and he said twenty or thirty. I asked him, was that all there was going to be? and he said, there was to be another party in the Borough, another in Gray’s Inn-lane, and another in Gee’s-court, or in the city. He said, all Gee’s-court were in it; but they would not act till after the English began, as they had so often deceived them before. Gee’s-court is inhabited by Irish. It is at the St. Giles’s end of Oxford-street. He also said there was a gentleman’s servant supporting them with money; and, if they would act on the subject, he would give them a great deal more. He asked me if I had a gun; and I said yes, but it was only a rubbishing one. He then said they would provide me with a gun, and something to work with. There were, he also said, two pieces of cannon in Gray’s Inn-lane, which they could get by breaking in a small door. He said there were four pieces of cannon in the Artillery Ground, and they could be very easily taken, by killing the sentinel. After they left Grosvenor-square, they were to meet near the Mansion-house. I was told to come to my time, or the thing would be done before I came.

I went to John-street that evening; it was nearly seven o’clock. The entrance to Cato-street is a little gateway from John-street. When I got there I saw Wilson and Davidson; I had seen him (Davidson) before. Davidson said I was come, and he asked me if I would go in. I said no, as I was going somewhere else to look for some cream. He said if I would go in, Mr. Thistlewood was there. I asked him what time I should be there, and he said eight o’clock. If I were not there in time, he said, I was to follow them down to Grosvenor-square, and, at the fourth house from the corner, at the bottom of the square, I should find them.

Cross-examined by Mr. Adolphus.—I am not certain whether the first conversation I had with Wilson was before the Sunday, before the Cato-street business. I am not quite certain. It was four or five days before. I am not able to say what day I gave the information to Lord Harrowby. It might be a day or two before I saw Wilson in Manchester-street. The conversation with Wilson was in Manchester-street; we were walking up and down the street.

A note was here put into witness’s hand, which he said was the one given by him to Lord Harrowby. It was in his own hand-writing.

Cross-examined.—The reason why I gave the note to Lord Harrowby was, because I could not see Lord Castlereagh.—I did not call at Lord Castlereagh’s house, but I went three or four times near the house, in order to see him. I did not see him, and then I gave the note to Lord Harrowby. I am certain that in Wilson’s conversation with me, the words, “His Majesty’s Ministers,” were used.

The Earl of Harrowby examined from the bench by the Attorney-General.—I reside in Grosvenor-square, on the south side, near Charles-street, next door to the Archbishop of York’s. I am a Privy-Councillor, and one of his Majesty s Ministers. I am President of the Council, and one of the Cabinet. On the 23d of February last, I intended giving a cabinet dinner; I think it was on Wednesday, the 23d. Only those who compose the Cabinet are invited to Cabinet dinners. I believe the invitations went out the latter part of the week before, but my head servant can speak to that more correctly. Invitations were sent to the Lord Chancellor; to the Earl of Liverpool, the First Lord of the Treasury; to Mr. Vansittart, the chancellor of the Exchequer; to Earl Bathurst, the Secretary of State for the Colonial department; to Lord Sidmouth, the Secretary of State for the Home Department; to Lord Castlereagh, the Secretary of State for Foreign Affairs; the Duke of Wellington, Master General of the Ordnance; Mr. Canning, the First Commissioner of the India Board; Mr. Robinson, President of the Board of Trade; Mr. B. Bathurst, Chancellor of the Duchy of Lancaster; Mr. Wellesley Pole, the Master of the Mint; and the Earl of Mulgrave; all these are Privy-Councillors. They are employed in the different offices I have mentioned, and also form what is called the Cabinet. In common parlance they are called his Majesty’s Ministers. On the Tuesday before the intended dinner, I was riding in the Park without a servant. It was about two o’clock. I went to a Council at Carlton-House. I am not positive as to the hour. As I came near Grosvenor-gate a person met me, and asked me if I was Lord Harrowby. I said, yes. He said he wished to give a note to Lord Castlereagh, which was of considerable importance to him and to myself. He then gave me a letter. After some further conversation, he gave me a card, with his address. I saw the man again by appointment on Wednesday morning in the ring, among the young plantations in Hyde-Park. The dinner did not take place at my house on Wednesday. The preparations went on as if the parties were to dine together, until I wrote a note from the Earl of Liverpool’s to my head servant, to say the Cabinet would not dine there. It would be seven, or half past, at which the party would dine.

Cross-examined by Mr. Curwood.—I had some general knowledge of some conspiracy, or something of the kind, going on before this. I do not know a person named Edwards. We had some general information a considerable time before this, that some plan was in agitation, but we did not know the time at which it was to take place, or the particulars. I will not say to two months. It was some considerable time before this.

John Baker examined by the Attorney-General.—I am butler to Lord Harrowby. The cards of invitation were issued for the cabinet dinner on the 18th, or 19th. It was about eight in the evening of the 23d when I first knew that the Cabinet were not to dine at my Lord Harrowby’s. The preparations for it went on till then. The Archbishop of York lives next door to my Lord Harrowby’s. I can’t say whether his grace had company on the 23d of February. I noticed several carriages draw up at his door.

John Monument examined by the Solicitor-General.—I am by trade a shoemaker. I generally live near Brooks’-market, but I am now a prisoner in the Tower. I know the prisoner Thistlewood. I met him at the house of one Ford some weeks before the transactions of the 23d of February. He afterwards called upon me at my lodgings. He was not alone. Brunt was with him. He told me that he wanted to speak with me in private. In consequence I went out of the room with him, my mother and brother being at that time in the room with me. Brunt staid behind when I went out. Thistlewood then said to me, “Great events are now close at hand—the people are every where anxious for a change. He had been promised support by a great many men, who had deceived him, but he had now got men who would stand by him.”

He then asked me if I had any arms. I said, “No, I had not.” He said, that every man of them, that is, of those who were attached to him, had arms, pikes, pistols, or sabres; and added, that I might buy a pistol for four or five shillings. I said that I was too poor to buy one. He replied, that if such were the case, he would see what could be done for me. Brunt called upon me again in four or five days. He said, that he could not stay long with me; there were several more men of his trade waiting to see him on this business, and he must call on them. I did not see him afterwards for some time. He called, however, again upon me on the Tuesday previous to the 23d. I then told him that I thought I had lost him, as he had staid away so very long. He replied, that owing to the King’s death, an alteration had taken place in their plans. I asked what those plans were. He said that I should know them better at a meeting to be held the night afterwards, than he could tell me. I asked him where the meeting was to be. He said at Tyburn-turnpike. He did not tell me what was to be done there.

I asked him if I was to see any persons there how I was to know them as friends, and requested him to give me the word. Brunt then told me, that if I saw any persons about, I was to say B-U-T; and if they were friends, they would say T-O-N. He would, however, call on me the following morning, and tell me more particulars.

On the Wednesday afternoon, between four and five, he did call again: he came by himself. He called me down stairs, and asked me if I was ready to go. I said, “No, I have got some work to do, and it must be done before I go.” He asked me how long it would be before it was finished. I said, that it would be done about six o’clock. He then said, that he could not wait for me so long—that I must therefore come to the place appointed along with the man to whom he had introduced me; that man’s name was Tidd. He charged me not to be later than six o’clock, as Tidd had others as well as myself, to take with him to the place of meeting.

I went to Tidd’s at half-past six, who complained that many men had disappointed him. We waited till seven, but no person came. Tidd then went into a corner of the room, took out a large pistol, and stuck it in a belt, which he wore round his waist. He also took out four or five pike-heads, which he wrapped up in brown paper. He took also several shafts, four or five feet long. We then went out, along Holborn, and up Oxford-street. I asked him, in his room, where we were going. He said to a room in a mews in John-street, Edgware-road. When we got into Holborn, he gave me the pike-shafts, and told me to take care of them. I asked him again, as we were going along, where we were going; and wanted to know whether it was to the House of Commons. He said, “No, there were too many soldiers near there.” I again pressed him on the subject, and he said that they were going to Grosvenor-square, as there was a cabinet dinner there that evening. I did not ask him any more questions; for on his saying that, I was satisfied for what purpose they were going.

We then went to Cato-street. Under the archway I saw two men, whom Tidd appeared to know. He spoke to them; and, after a few moments we all went into the stable together. There were in the loft and stable about twenty-four or twenty-five persons. I had not been there long when some one proposed to count the numbers assembled. Thistlewood replied, that there was no occasion to do so, as he knew that there were about four or five and twenty persons in the room. There was a person in a brown great coat sitting on a carpenter’s bench, who spoke of the impropriety of going with so small a number to Lord Harrowby’s. Thistlewood replied, there were quite enough of them. He only wanted thirteen to go into the room, and supposing Lord Harrowby to have sixteen servants, that number would be quite enough to master them.

The man in the brown coat said, “After we have done, there will be a crowd about the door, how are we to make our escape?” Thistlewood said, “You know the larger body is already gone to arrange matters; we, the smaller, are left to do the business.” Davidson then blamed the tall man in the brown great coat for throwing cold water on the plan, and added, that if he was afraid, he might as well go away. Brunt said, “Rather than give up the business, I will go to the house and blow it up, though I perish myself in the ruins, for you know we have got that which can easily do it.” The man in the great coat then said, as they were all for it, he would not oppose it. He then proposed that all in the room should put themselves under the orders of Thistlewood. Upon which Thistlewood said, that all engaged in the business were equal, and should have the same honour as himself, and proposed that fourteen should volunteer to go into the room at Lord Harrowby’s. Those that volunteered were to range themselves on the side in which the fire-place stood. They did so in the course of a few minutes. Whether they were exactly fourteen I don’t know.

I heard nothing said of what the rest were to do. On somebody asking that question, Thistlewood replied, that they all knew their places. Thistlewood then went out for a few moments. On his return, he said that he had received intelligence that the Duke of Wellington and Lord Sidmouth had arrived at Lord Harrowby’s. I was myself taken into custody in the room.

Cross-examined by Mr. Adolphus.—I never saw Thistlewood till I saw him at Ford’s. I attended at the meeting in Finsbury-market. I was so far off that I could not tell whether Thistlewood was there, nor even the purpose of the meeting. There was no particular acquaintance at that time between me and Thistlewood. I did not then know Brunt or Edwards. There was a long interval between my first and second conversation with Brunt. I thought that they had done with me, finding me so reluctant to join in their measures. The man in the brown coat was not Adams. I have seen Adams since, at Hicks’s Hall. The room was much crowded—the parties in it were eating bread and cheese. I do not know that I ever saw Adams before I saw him at Hicks’s Hall. I recollect the prisoner Davidson from his colour. If any person had addressed them besides the man in the brown coat, I must have heard him. I was taken in the room when the soldiers came. I had no arms. I made no resistance.

Re-examined by the Solicitor-General.—I was nearly the last person who entered the room. I was there nearly a quarter of an hour before the officers came. I was unacquainted with every person in the room except Thistlewood, Brunt, and Tidd. It was candlelight. On the bench were swords, pistols, and blunderbusses. When I was brought up to Whitehall, I was handcuffed to Thistlewood; who advised me, when I came before the Privy-Council, to say that I had been brought to Cato-street by Edwards. I asked him how I could tell such a falsehood, when I had never seen such a man as Edwards in my life. He said that was of no consequence. If asked what sort of a man he was, I was to say, he was a little taller than myself, and dressed in a brown coat.

By a Juryman.—I have had no communication with Adams since my apprehension.

By the Solicitor-General.—I never saw him except when I was brought up as a witness to Hicks’s Hall.

Thomas Monument.—I am brother to the last witness. I remember Thistlewood calling upon my brother. He brought Brunt with him. They did not stay in the room more than five or ten minutes. Thistlewood then asked my brother if he might speak with him. On my brother’s replying yes, they went out together for ten minutes. They then returned; and Brunt and Thistlewood went away.

On the Tuesday before the Cato-street business, Brunt called again on my brother, with a man named Tidd. My brother said, “Brunt, I have not seen you for so long a time, that I thought I had lost you.” Brunt said, “The King’s death had made some alteration in our plans.” My brother asked what those plans were. Brunt said, they had different objects in view. Brunt asked my brother to meet him at Tyburn-turnpike that evening, when an outline of their plan should be given to him. Brunt said that he ought to be there at six o’clock: if he saw any persons about, he should say, B-u-t, and if they were of their party they would say, t-o-n. They did not press me to go, but spoke only to my brother. I did not go. Brunt called at five the next evening for my brother to go. He said, he could not go then, as we had work to do. Brunt then bade my brother call on Tidd, at the Hole-in-the-wall passage, at seven. He did so, as I was informed.

Cross-examined by Mr. Curwood.—Not suspecting that any mischief was going on, I was not anxious to know to what the conversation of my brother and Brunt referred. I thought that it might perhaps relate to some club-dinner.

Thomas Dwyer examined by Mr. Gurney.—I live in Cheese-court, Oxford-street. Some time in February I became acquainted with Davidson. He introduced me to Thistlewood. We went together to a public-house at the end of Molyneux-street, not far from Cato-street. This might be about the 9th, 10th, or 11th of February. Thistlewood said nothing particular to me at that time. He observed, that he had been in four or five revolutions, and that Ireland was in a disturbed state. I am an Irishman. Thistlewood said, that he had a good many of my countrymen with him. He pressed me to go with him also.

I saw Davidson on the night before the 23d. He told me that he was going to stand sentry. The next morning I was called upon by a person, who took me to Fox-court, Gray’s Inn-lane. He was a tall man, and his name is Harrison. We went into a two-pair back room; the room door was locked. He knocked at another door, and a woman gave him the key. He opened the door, and we entered.

There was a cupboard in the room, out of which was taken a ball, wrapped up in yarn. Harrison told me the purpose for which it was intended, and called it a grenade. Shortly afterwards Thistlewood, Davidson, and a few more, came in. Davidson had a blunderbuss, a pair of pistols, and a bayonet, in his side pocket. Others also came in, but I did not know their names. [The witness was here told to look into the dock, and see if he could identify any of the prisoners as being then present. He instantly identified Brunt.] On Davidson’s saying that he had only given twelve shillings for his pistols, Brunt said he would go out and buy a pair.

I had some conversation with Thistlewood about the hand-grenades. Thistlewood said, that some of them were to be thrown into the horse-barracks, and others into Lord Harrowby’s house, to set fire to it, and blow it up. Thistlewood asked me how many of my countrymen I could muster, as he should want some of them at half-past eight that evening. I told him that I could muster about twenty-six or twenty-seven. He told me that they, meaning himself and friends, were to assemble at the Horse and Groom; and ordered me to be at the Pontefract Castle, at the end of Barret’s-court, a house much frequented by Irishmen. He told me that I was to pick out the best of my countrymen, and go to the Foundling Hospital, knock at the porter’s lodge, put a pistol to his breast, and turn on to the right hand, as there were twenty-five or twenty-six stand of arms in the other lodge: these I was to seize. At the same time another party would secure two pieces of cannon which were in the Light Horse Riding-School, Gray’s Inn-lane. Another party was in the meantime to go to the Artillery-ground, Finsbury, and seize what was there. He also mentioned that there was to be a cabinet dinner at Lord Harrowby’s, and that the party there were to be attacked.

After this, I saw a bundle, containing gunpowder, taken out and laid upon the floor; a tin measure was produced, and several smaller woollen bags were filled with it. This was done by Harrison. I afterwards heard Thistlewood give directions generally to them all. He said that a dozen pike-handles were to be taken to Mary-le-bone, some others to Finsbury, and some elsewhere. I was asked, but refused, to take some of them. I saw a bag; and the powder which had been measured out, and also the grenades, were put into it.

I heard directions given to a man by Harrison, to take something to the Horse and Groom, at the end of Cato-street. In the mean time another person went out to get the pike-handles. I got back to my own place at twelve o’clock. I told Major James of what I had seen and heard: in consequence of what he said, I went to the Secretary of State about one, or half-past one o’clock that day.

Cross-examined by Mr. Curwood.—I am a bricklayer by trade. I never, before the month of February, saw Davidson. Davidson introduced me to Thistlewood on the ninth of that month. They did not know me, and I did not know them, yet I was let into their secrets on the morning of the 23d of February. I have lived fifteen years in the parish of Mary-le-bone, with a good character, and yet all of a sudden a band of traitors intrusted me with their traitorous designs. I told them that it was a hard thing to inveigle men into a scheme like theirs, and doubted whether I should be able to accomplish it. Though I expressed this doubt, I was sent to the Foundling Hospital to take the arms. I acceded to their proposal at the time, but had no intention of executing it. I do not know a man of the name of Hugglestone. I never was in a court before, except on the trial of a woman for stealing. I was in Ireland at the time of the rebellion. I cannot tell how old I was then.

George Kaylock examined by Mr. Littledale. I live at 22, Cato-street. I saw Harrison and another against the stable-door in Cato-street, at five o’clock on the 23d February. I asked Harrison how he did. He replied, pretty well; he had taken two rooms there, and was going to do them up. Between five and seven o’clock I saw more than twenty people go in at the stable-door.

Richard Monday examined by Mr. Littledale.—I live at 23, Cato-street. About twenty minutes after four, on the 23d, as I was coming from my work, I saw Davidson standing under the archway. I knew Davidson, from seeing him with Firth, the cow-keeper. I went home and got my tea. I came out again at twenty minutes past five, and went to a public-house. On leaving it, I saw Davidson going into No. 1 for a light. In going into the stable, into which Harrison admitted him, he stooped for a bundle, and I then observed that he had two belts on, one across his shoulder, and the other round his waist; in that round his waist, on the left side, two pistols were inserted; on the other a sword was suspended, which jutted out considerably. The place where they met is a stable, belonging to General Watson; it has lately been used as a cow-house by Firth. There is a chaise-house, and a stable below, and a loft, with two rooms above. One of these rooms has a window, the other is dark. I observed, in the course of the afternoon, that something like a coarse matting was hung over the windows, and the partition in the stable-yard.

Elizabeth Westall.—I live at No. 1, Cato-street. About three o’clock I saw a man go into the stable with a sack on his shoulder. About six o’clock I went out, and saw a man of colour standing by the stable. I was much alarmed by that circumstance, thinking that the stable was unoccupied. I was out ten minutes. Shortly after I returned, the man of colour came into my house, and asked me for a light. I gave him a light. He then went back to the stable where I had seen him at first.

George Ruthven, the police-officer, was then examined by Mr. Bolland.

I went, on the 23d of February, to Cato-street. Three others were to meet me there. When we were all assembled we were about twelve of us. I went into the stable, and saw a man with a sword by his side, and a blunderbuss on his shoulder. I saw one man below, and I have some faint recollection that I saw another. The whole of my party followed me into the stable. On seeing the man with the blunderbuss on his shoulder, I told some of the party to secure him. I went up a ladder, which led to a loft.

When I got there I saw several men; heard the clattering of arms, and saw swords and pistols. Three or four of my party went up with me. I am sure that Ellis and Smithers were with me. From the view which I had of the place, I think there were 24 or 25 persons present. The size of that room is 15 feet, five one way, and ten feet ten the other. There are two rooms adjoining this, separated by doors. When I got into the room, I said, “we are officers; seize their arms.” I saw in the room Thistlewood, whom I have known for four or five years.

Thistlewood was standing, at the time we entered, at the right hand side of the table, near the door of the little room. On my saying, “We are officers,” he seized a sword, which was drawn, and retreated to the little room. The sword was a very long one, and rather bright. He stood in the entry of the door fencing, to prevent any one’s approach. Smithers approached him. Thistlewood stabbed him, and Smithers fell, saying, “Oh, my God! I’m done,” or something to that effect. Somebody from the corner of the room where Thistlewood stood said, “Put out the lights—kill the b——rs, and throw them down stairs.” The lights were then put out; I joined in their cry of “kill them,” and rushed down stairs.

I did not observe any thing till I got into John-street, where I met the soldiers, whom I brought. Several shots were fired from the corner of the room where Thistlewood was standing; I think down the stairs. On arriving a second time at the stable, I met Tidd grappling with one of the military. I secured him. I was afterwards in the public-house, (Horse and Groom) and saw Bradburn brought in. On him were found six ball-cartridges and three balls. Davidson and Wilson were brought in. Davidson sang a song. I then went back to the loft, and found there, Shaw Strange, Cooper, Monument, and Bradburn. I saw arms in the hands of several persons. I found two swords and a bag. The bag contained ten hand-grenades. I also found balls and fusees. They were brought to Bow-street, and remained since in possession of an officer. Afterwards I went to the Horse and Groom. I had seen Cooper there, with a stick, and Gilchrist came back for it, but did not get it. I observed it cut.

Cross-examined by Mr. Adolphus.—Thistlewood had not been much out of sight since Watson’s trial. Witness had seen him five or six times. He had a motive for it. It was not for this purpose, that he was aware of. There were four or five Edwardses, officers with him, but he was not aware that Edwards, who had been concerned in this business, was connected with any of them. He knew nothing further, than that he was directed to watch Thistlewood.

James Ellis, by the Attorney-General.—Went with the other officers to Cato-street on the 23d of February; he went in immediately after Ruthven. He saw two men, one having on two cross-belts; either in his right or left holding a carbine, in the other a sword. Witness observed, that he was a man of colour. The other person was between the foot of the ladder and the stall next to it, for there were three. He followed Ruthven up as close as he could. The man of colour said something ending with “men.” He heard the men above rushing back behind the carpenter’s table, and a noise like fencing with swords. There might be twenty or twenty-five men. Ruthven said, “We are officers, seize their arms, or surrender your arms.”

Witness had not known Thistlewood before, but he was satisfied it was he who menaced with the sword. Witness had before held forward his staff of office; he now presented a pistol, and desired him to desist, or he would fire. Smithers then gained the top of the ladder, and advanced towards the little room. Thistlewood struck him with the sword near the breast. Smithers fell back, held up his hands, and exclaimed, “O, God!” Witness fired on Thistlewood, and Smithers staggered towards him. The candles were put out, and the witness was forced down. He stood at the door to the street. Several shots were fired: some balls passed him. On going out he heard a cry. Saw a man running towards Queen-street, with belts on. He secured him. It was Davidson, the man of colour. He had a carbine in the one hand, and a sword in the other. He afterwards assisted in securing four, to whom he could not speak positively.

Cross-examined by Mr. Curwood.—He was a constable, and had the warrant. He had a part in conducting the officers; but Mr. Ruthven was there.

William Westcott had part in conducting the patrol at Bow-street, and was a constable. He was down in the stable the whole time, and heard firing on the loft. He saw Ings in the stable, who wanted to rush out, while the other officers were up. Witness and Ings had a contest. There was terrible confusion in the loft; some came tumbling down, and some singly. He knew Thistlewood. There was a light. Thistlewood fired at witness. Three holes were in his hat by balls. Witness rushed towards Thistlewood, when he was struck down. Thistlewood then made a cut at him with a sword, and ran out. Witness was wounded in the back of his hand with one of the balls, as he had held up his hand to protect his head.

Hugh Nixon, one of the Bow-street officers, saw Ruthven, Ellis, and the deceased go up the ladder. He went up, and saw Ellis fire. There was a rush down, and he saw a man fire a pistol; he rather believed it was Thistlewood. Ings was pursued and brought back. Witness found a sword in the stable, and a bayonet up stairs.

John Wright, a patrol of Bow-street, was one of the officers who went to Cato-street. They mustered at the Horse and Groom. He saw Cooper having a broom-stick, and another coming to drink beer. Cooper left the stick. Witness took a sword and a knife from a man who was in the stable, near a stall. That moment he was knocked down, and received a stab in his side. Wilson and Bradburn were afterwards taken. Witness found about two dozen ball-cartridges in Wilson’s pocket, and a pair of scissors; and found two haversacks on his sides.

William Charles Brookes, a patrol, being directed by Mr. Birnie towards persons passing, saw Ings, and a person in front of him with a cutlass, and spoke to them. Ings fired, and slightly wounded him on the shoulder. Witness staggered into the road. Ings went off towards the Edgware-road. Witness pursued. Ings threw away the pistol. Moy took him. Witness asked him why he had fired at him, a man whom he had never seen. He said, “I wish I had killed you.”

Ings.—“Pray, my Lord, am I not allowed to ask any question?”

Court.—“You are not on your trial at present.”

Witness stated, that two haversacks, a knife-case, and a tin box, three parts full of powder, were found on Ings.

Giles Moy confirmed this evidence, so far as he was concerned.

Robert Chapman, one of the Bow-street officers, went to Cato-street; saw Ings in the stable, and heard him say, “Look out, above.” Witness, in the watch-house, took from Ings a knife-case, two balls, and a pistol-key. He saw one running through the stable with a sword in his hand.

Captain Fitzclarence appeared on the right of the bench, and said, he was a lieutenant in the Coldstream Guards; he went with a piquet to John-street on the 23d of February, about eight in the evening. On hearing reports of pistols, they went to Cato-street. He was directed by a police-officer to the stable. He met two men at the door: the man on his right cut at him with a sword, the other man presented a pistol. He got in and seized a man, who called out, “Don’t kill me, and I will tell you all.” He gave him in charge, and then secured another man in one of the stalls. On going up stairs, he secured three, four, or five persons. He fell against the body of poor Smithers, who was lying dead. He saw several arms.

Samuel Taunton, a Bow-street officer, went to Brunt’s lodgings, searched the front and back rooms, and found two baskets. Brunt, who was in the front room, and had been previously taken into custody, said, he knew nothing of the baskets. The room did not belong to him in which they were; it was the back room. In the same room there was a pike-staff and an iron pot. Witness sent for the landlady, Mrs. Rogers. She said, her niece had let the back-room to a man she did not know. Brunt, said, it was a man at the public-house, and he did not know his name.

Witness then went to Tidd’s, in the Hole-in-the-Wall passage, near Gray’s Inn-lane. There he found a box full of ball-cartridges, 965 in number; he found ten grenades, and a great quantity of gunpowder. He found, in haversacks, 434 balls. He found also sixty-nine ball-cartridges, and about eleven bags of gunpowder, one pound each. The grenades were in a wrapper. In one of the baskets at Brunt’s were nine papers of rope-yarn and tar; in the other, three of the same, two flannel bags of powder, one pound each, and five empty bags, a paper of powder, one leathern bag, with three balls in it. They were all here.

Cross-examined by Mr. Adolphus.—This was on the 24th. Brunt had been in custody before. Tidd was absent.

Daniel Bishop, a Bow-street officer, went on the morning of the 24th, with other officers, to apprehend Thistlewood, about ten in the morning, to Whitecross-street, Moorfields. The house was kept by Harris. He received a key from Mrs. Harris, which opened a ground-floor. There he saw Thistlewood, who thrust his head from under the clothes in bed; the shutters were shut. Witness told his name and business, and, having a sword in one hand, and a staff in the other, threw himself on the bed. Thistlewood said, he would make no resistance. He had his breeches on, in the pockets of which they found two balls, two cartridges, and some flints. They also found a small silk sash.

Cross-examined.—A man of the name of Edwards did not go, nor any who knew where Thistlewood was.

Lavender produced and identified the belt found in Thistlewood’s coat-pocket.

Ruthven produced the pike-staff, grenades, &c.

All the soldiers and officers who had any of the articles seized were now arranged behind the witness-box, and handed to Ruthven their several charges, and Ruthven laid them on the table. A pike was screwed on a staff, and handed to the Jury. The whole of the frightful apparatus was now exposed to view. Guns, blunderbusses, carbines, swords, pistols, pikes, sticks, cartridges, bullets; even the pot in which the tar was boiled,—all were produced and identified.

The fire-arms remained loaded till produced on this occasion, when the charges were drawn; they were loaded with ball. One of the grenades had been given to a person by an order of Colonel Congreve to be examined. The production of Ings’s knife excited an involuntary shudder; it was a broad desperate-looking weapon.

The Jury inspected the arms separately, and particularly the pikes, the construction and formation of which have already been minutely described. The whole had a most formidable appearance.

John Hector Morrison, servant to Mr. Underwood, cutler, in Drury-lane, was re-called, and looked at two swords, which, he said, were the same he had ground for Ings.

Serjeant Edward Hanson, of the Royal Artillery, examined by Mr. Gurney.—I examined one of the grenades produced to me at Bow-street; it is composed of a tin case, in the form of a barrel, in which a tube is soldered. The case contains three ounces and a half of gunpowder. The priming in the tube is a composition of saltpetre, powder, and brimstone. The tin was pitched, and wrapped round with rope-yarn, which was cemented with rosin and tar. Round the tin, and in the rope-yarn, twelve pieces of iron were planted. From the lighting of the fusee to the explosion might take about half a minute. If one of them were to be exploded in a room where there were a number of persons, it would produce great destruction. The pieces of iron would fly about like bullets.

[The witness here opened another of the grenades for the satisfaction of the Jury; it was composed in the manner already described. The pieces of iron principally consisted of old cart-nails, such as the tires of wheels are nailed on with. The carcase, or tin-case, was wrapped in an old stocking, and the powder which it contained was pronounced very good.]

Witness, in continuation.—I examined one of the fire-balls; it consisted of oakum, tar, rosin, and stone-brimstone, pounded. If one of these was thrown into a house, and alighted on wood, it would be sure to set it on fire. The effect would be still more certain on straw or hay.

The Attorney-General.—“That is the case, my Lord, on the part of the Crown.”

THE DEFENCE.

Mr. Curwood now rose to address the Jury on the part of the prisoner. He commenced by stating, “That if it were consistent with a sense of moral and professional duty, he would not have stood there to address them. It was one of the characteristics of the profession to which he had the honour to belong, however, and one which perhaps reflected upon it the greatest credit, that they were not at liberty to refuse their assistance to persons in the situation of the unfortunate man at the bar. No man could feel more impressed than himself with the sense of the great and weighty duty he had to perform. He felt that the unhappy prisoner had a right to call upon him to do his duty boldly and fearlessly, and without any consideration for the Government who were the prosecutors on this occasion; he felt also that he had a duty to perform to his country, by assisting in the administration of the law, and not by any power which he possessed, if he did possess such power, to endeavour to pervert that law. He owed something too, to his own fair fame, which was all, his only inheritance.

“With these feelings pressing upon him, he might truly say, he was placed in a trying and critical situation. It was fit on an occasion of this sort, that they should know something of the man by whom they were addressed. It could not be denied that the unfortunate transactions, to which their attention had been so painfully directed, had arisen out of that state of the country which they must all alike lament and deplore. It was clear also, that while they had attachments to certain parties, prejudices would arise which it was out of their power to control in favour of the sentiments of those parties. With respect to himself, although like every other Englishman, he had his feelings upon certain points, yet he never belonged to any particular party, nor was he in the habit of attending political meetings. With respect to Government, he never had received any place or appointment from them, nor was it likely that he should. In the present instance, therefore, he had no motive to influence him in doing his duty, or at least in endeavouring to do it fairly and honestly.

“It was due to his Learned Friends and to himself to state, that in consequence of the lateness of the moment in which they were called upon to undertake this arduous task, not having received their instructions till a late hour on Thursday, that the difficulties with which they had to cope were of no ordinary kind; and these difficulties became the more formidable, when it was recollected that they had arrayed against them the most distinguished talents which it was in the power of the Crown to procure—talents not a little aided by the advantage of study, and of a mature consideration of all the facts of the case which they were called upon to discuss. No doubt, in the notice which they (the Jury) had given to the Attorney-General, when he opened this case, they had not failed to observe, and he had observed it with unfeigned surprise, that he had not stated to them precisely what were the points which they were called upon to try. He had indeed stated that it was a prosecution for high treason, but he had only defined what was the quality of the treason which he meant to impute.

“Unfortunately, there was mixed up with this transaction a great deal for which the prisoner might hereafter be answerable, and which was calculated to make a deep impression on the minds of the Jury; but whatever was their opinion upon the moral guilt of the prisoner, if, upon a review of the evidence, they should not be of opinion that he had committed the precise offence charged in the indictment, it was their duty to pronounce a verdict of Not Guilty. It therefore devolved upon him to state precisely what they had to try; it was not merely a question of high treason, but a question of a particular species of high treason.

“The indictment was very long, and contained many things which, in the language of the law, were called overt acts. They were not, however, because a great body of evidence had been given to them, to jump at the conclusion, that the substantive treason alleged had been committed. The sorts of treason charged were four in number: the first was founded upon the late statute of the 36th of the King, for conspiring to depose his majesty from his imperial style and dignity. It was now nearly 400 years since that statute, to which Englishmen had been wont to look with veneration as a protection for the dearest rights of man—he meant the statute of Edw. III.—had been passed. There, among other treasons set forth, was the conspiring to take away, or the compassing and imagining, or intending to compass or imagine the King’s death—but there had subsequent treasons started up. There was now another Act of Parliament in existence, which embraced not merely the compassing and imagining the King’s death; but the conspiring to depose him from his imperial style and dignity. It was also treason to conspire to levy war against his majesty. This was the question then which they had to try.

“First, had the prisoners at the bar conspired or imagined the death of the King; secondly, had they conspired to depose his Majesty from his imperial style and dignity; thirdly, had they conspired to levy war against the King; and lastly, had they actually levied war against the King? He apprehended that they must be satisfied that one or other of these charges was proved, before they could find a verdict of guilty.

“Before he came to these topics, they would look to the probability of the evidence which had been laid before them. The great mass which had been adduced certainly led them to conclude that a conspiracy of some kind had existed; but it did not follow that the substantive treason charged in the indictment had therefore been committed. It did not follow, as a matter of course, that the removal of the administration of the King must be succeeded by the deposition of the Monarch himself. Let them go by steps. There was continually in Parliament one party endeavouring to remove another; that was to say, endeavouring to remove the existing administration. He would admit, probably with the best intentions.

“Would it be contended, that this removal of an administration was necessarily connected with the deposition of the Monarch, and that every man who attempted to effect such a purpose would be involved in the crime of high treason?

“Again, other men might think it necessary that an administration should be removed by violence; and this too with the most virtuous intentions. He desired not to be misunderstood, as meaning under that plea to justify assassination. Nothing was further from his feelings; but all he meant to argue was, that they must not take it as a necessary consequence that the death or destruction of a whole administration involved the death or deposition of the King. If they (the Jury) were of opinion that it did not involve such a consequence, the evidence on this occasion did not support the substantive treason laid in the two first divisions of the indictment.

“There were two other treasons, however; one was the conspiracy to levy war against his Majesty; and the other, the actual levying of war. Now he called upon them to look to the evidence, and see whether they could draw from that a fair inference, that there was a conspiracy to levy war, and that what had been done amounted to an actual levying of war. In the detail given by the first witness, Adams, who in fact proved the whole case—he thought there was much more for ridicule, than for serious consideration. In his opinion, the testimony of this man was utterly incredible, independent of the fact of his being an accomplice.

“The Attorney-General had told them that an accomplice was a necessary witness; but though necessary, he was not of necessity to be believed. The more atrocious the guilt in which he had steeped himself, the less worthy he was of credit; and where a most atrocious and wicked witness came to tell them a tale, not only improbable, but most ridiculous in itself, would they not at once dismiss him from their notice?

“It often happened, that those who were the most ingenious in devising and promoting mischief, were the first to become informers; and that this was the case in the present instance, he should be enabled to prove. They would, however, consider the evidence which had been given by Adams to support the fact of there having been a conspiracy to levy war against the King. They would lay out of their consideration for a moment all that had been said of the assassination of his Majesty’s Ministers; and they would consider the evidence as it had been given by him to support that conspiracy. They had here everything to raise their passions.

“They had all the materials and preparations for war before them (the arms on the table); but what was the result of all the discussions which took place at all the meetings of the conspirators from the 4th of February, in which the assassination of his Majesty’s Ministers had been repeatedly debated?

“In the cross-examination of Adams, it appeared that one of the conspirators, Palin, had, with some degree of sense, when all those things were talked of, asked where the men were to come from to effect this mighty revolution? In one moment his Majesty’s Ministers were to be assassinated!—a detachment was to go and take possession of two pieces of cannon in Gray’s Inn-lane!—another detachment was to make a descent upon the Artillery-Ground!—a third party were to seize the Mansion-house, as a seat for the Provisional Government! and yet to effect all this, what was the actual strength of the conspirators in its most exaggerated state? Why, forsooth, forty men, two old sabres, six shillings, and a reputed pound-note!! Where an infamous witness told them such a story could they believe it?—was it credible? Would they take away the life of a man under such circumstances? If it were possible for them to do so, he could only say that they would be more insensible than the deluded men themselves.

“Then as to the other point, the actual levying of war; what a levying of war was, he hardly knew how to define. Lord Hale had said, that this was a question of fact, which a Jury alone was capable of deciding.—That learned Judge had also talked of “marching with unfurled banners, and being furnished with military officers”—but where were the unfurled banners here, or where the military officers?—The only military man they had heard of was one disbanded soldier, and the purpose to which he was to be applied was the destruction of his Majesty’s Ministers—an act which, he contended, even if effected, did not amount to a levying of war.—If they were told the contrary, he was sure they would treat such an intimation as absurd and ridiculous. Where was this great conspiracy concocted? In a two-pair back room! Where was the battle fought? In a stable! Where were the traitors incorporated? In a hay-loft! How were they armed? With a few rusty swords, halberts, and old pistols!

“He would put it to the plain common sense and understanding of the Jury, whether they would pronounce persons so assembled and so armed, guilty of levying war against the King? It was rather a levying war against the constables, at the very name of whom they trembled. Then, if there was no levying of war, was there a conspiracy to levy war? The only evidence they had of such a conspiracy came out of the mouth of those three witnesses who were so far contaminated, that it was beyond all doubt they had themselves been deeply implicated in the projected assassination of his Majesty’s Ministers.”

“The question, then, for their consideration resolved itself into this point: they would consider, even supposing that the assassination of the Ministers was intended, whether this of necessity implied that his Majesty was also to be deposed. If they did not think that the one must of course follow the other, then their verdict must be “Not Guilty.” He implored them to do their duty strictly according to law, to consider what the law of the country was, to step neither to the right nor to the left, but to come to a fair and impartial and unprejudiced conclusion. He implored them to do so, not only for their own sakes, but for the sake of the country; for if once jurymen suffered their feelings of indignation towards one offence to lead them to admit the existence of another of a different character, not proved, there would be an end of the due distinctions of justice. If this man had been guilty of another offence, there was another indictment against him, on which he must take his trial if he were acquitted of this: and if he were convicted under that, he would suffer the penalty of the law. But, upon this occasion, he called upon them not to find him guilty of High Treason, because they thought him worthy of death for having incurred the guilt of assassination.

“In conclusion, the learned gentleman said, he would proceed to call a witness to prove that Adams, who had been called for the Crown, together with an accomplice of the name of Edwards, who had not been called, were the persons who had conveyed the arms and ammunition to the house of Tidd on the very morning they had been found there by the Bow-street officers.”

Mr. Adolphus then proceeded to call the

EVIDENCE FOR THE DEFENCE.

Mary Parker examined.—I am the daughter of Richard Tidd; I live with my father; I remember the police officers coming and finding some boxes and things in our lodgings; they came about half-past eight; those things had been in the house when they came, about a quarter of an hour; they were brought that morning; among them were the pike staves; it was no person in my father’s employment who brought them; he had been taken into custody the night before; I know a person of the name of Adams; I have seen him at my father’s; I know a person of the name of Edwards; I have also seen him there; he has been there often; I have seen similar things before the officers came; I believe these to be the same things; Edwards took part away; I do not know who took the rest; he took them away on Wednesday; my father did not take them away; Edwards did not take away the box; he only took away some things that I have since heard were used; the box was brought a day or two before my father was taken; it never was uncorded; Adams brought a large grenade; I do not know what Edwards was.

The Attorney-general declined asking this witness any question.

Edward Hucklestone examined by Mr. Curwood.—I know a man of the name of Dwyer. I have known him for some years. Latterly I have known him intimately. I used the same public-house. I do not think he is to be believed on his oath.

Cross-examined by the Attorney-General.—I saw him with plenty of money, and knowing that he had little or no work, I was surprised. I was in distress. He told me he would put me in the way to make plenty of money, if I would go with him. I agreed; and he proposed that we should charge gentlemen with an unnatural offence. That he was to go up first, and then I was to join him. I left him quite shocked. This was about three months ago. He said he had got ten pounds at a time from a gentleman in St. James’s-street, by only catching him by the collar, and accusing him. I met him the next night at the Rodney’s-head, and he called me a coward. I told him of the danger, and reminded him that his brother had been transported for the same thing. He said he knew better how to general it than his brother. I ought to have communicated it to a magistrate; but I was afraid of falling a “wictim” to the Irishmen who lived in the neighbourhood. I have spoken to him since. I was a shoemaker, but am now articled to a cow-doctor in Newman-mews. I first communicated this to my brother, about a week ago. I did not mention it before, lest I might be ill-treated, as I had to go so much about among the cows. Some of the Irishmen have gone away from the neighbourhood now, and that induced me to summon up courage to mention it to my brother. I did go with Dwyer to the Park, but I was always struck with the horror of the thing. When I saw the names of the witnesses in this case in the paper, I made the communication to my brother.

(The witness was desired not to go out of Court.)

Mr. Joseph Doane examined by Mr. Adolphus.—I am called the Court Reporter; I prepare for the newspapers an account of the movements of the Court, the cabinet dinners, &c. I send the same accounts to six papers, among others to The New Times, [Looked at the announcement in the New Times, of the cabinet dinner, on Tuesday the 22d of February.] The intelligence respecting the Court in this paper I sent. The paragraph respecting the cabinet dinner, from the wording, I think I did not send. I think so from the use of the word “grand;” cabinet dinners are always alike, and I do not think I used the word “grand.”

Andrew Mitchell: I am printer of The New Times; I produce the original of the paragraph respecting the cabinet dinner, announced in The New Times on the 22d of February.

Mr. Doane recalled: That is not my manuscript; I always write from a manifold.

Andrew Mitchell: I did not receive that from Mr. Doane, but from a person of the name of Lavenue, who furnishes things in the same way.

John Whittaker: I searched in eleven newspapers of the 22d of February for the annunciation of a cabinet dinner at Lord Harrowby’s, and in none of those papers was there such an announcement as that in The New Times.

The Attorney-General: These papers ought to be here.

The Chief Justice Abbot: Strictly speaking, they ought to be here.

The witness: The New Times alone had the annunciation of the dinner at Lord Harrowby’s on the 22d of February.

Mr. Adolphus: This is all the evidence I intend to offer on the part of the prisoner.

Mr. Gurney: I wish, my Lord, that Dwyer should be again called.—The witness, Dwyer, was then again put in the box, and examined by Mr. Gurney: I do not know a man of the name of Hucklestone.—[The witness Hucklestone was desired to stand up.]—Dwyer: I know that man, but did not know his name was Hucklestone. I have met him in Oxford-road. Not in a public-house. I never proposed to him to charge any person with an unnatural offence. In February last I was at work at the parish mill, and got three shillings. I have a wife and family.

Cross-examined: I did not know Hucklestone by name. I saw him with other chaps at the corner of James-street, near where I live; but I never associated with him. I have seen him in Hyde-park. I never went into a public-house with him. I resorted to the Rodney’s-Head, but never knew him to resort there. I have not repeatedly met him in a public-house. I don’t know that I can swear I never saw him in a public-house. I will swear I have not been with him at the Rodney’s-Head within this three months. I am a bricklayer by trade, and worked fourteen years for one master.

Mr. Adolphus now entreated permission to be allowed till the ensuing day to prepare himself to address the Jury on the part of the prisoner. The state of exhaustion to which he had been reduced, as well as the shortness of the time which had elapsed since he had received his instructions, and the great importance of the duty which he had to perform, where the life of a fellow-creature was at stake, the more imperiously impelled him to entreat this indulgence, if consistent with the views of the Court.

The Lord Chief Justice felt the propriety of the appeal, and after some conversation relative to the convenience of the Jury, the Court was adjourned till the following morning.

---

THIRD DAY, Wednesday, April 19, 1820.

The Court opened again at nine o’clock this morning, and a few minutes after Mr. Adolphus rose to address the Jury on behalf of the prisoner, and commenced by observing, that “he could not request their attention to the feeble and humble efforts which he was going to make in defence of the prisoner at the bar, without returning them his sincere thanks for the kind and gracious manner in which they had conceded to him further time for the preparation of his defence. Under all the circumstances of the case, the situation in which he (Mr. Adolphus) stood was sufficiently distressing; but it would have been still more so if he had been compelled to address them yesterday evening with a mass of evidence totally undigested, with a memory wandering over all, but steadily directed to none of the points which had come out during the trial; and without any of that simplification of the case which he had been able to effect, though imperfectly, in the few hours which, by their kindness, he had been able to steal from sleep.

“The inquiry in which they were then engaged was a most anxious and important inquiry: indeed, so anxious and so important was it that it was only natural to expect that the minds of counsel engaged in conducting it would sink under the heavy task imposed upon them. During the course of his professional career many trials similar to the present had taken place: but in none of them did the parties accused labour under such dreadful charges as were now brought against the prisoner at the bar; in none of them had they been so totally deprived of all assistance and support as the unfortunate individual had been on whose fate they now stood impanelled to decide.

“To say that he (Thistlewood) had all the weight of office arrayed against him—to say that the prosecution was conducted with all the talent and all the power of Government, was to say nothing more than that Thistlewood was indicted for high treason. He (Mr. Adolphus) meant not to blame the Government for exerting all its energies in a case like the present; by no means—the Crown had, on all occasions, and particularly on an occasion like this, a right to demand of its best servants their best services: he only meant to contrast the difficulties against which Thistlewood had to contend with those which had surrounded other unfortunate men in his situation.

“Against the great legal talent which had been employed against them by the Crown, there had come forward advocates of high character, and not inferior ability—advocates who voluntarily embarked themselves in the cause of their clients—gave up their whole time and attention to their interests, methodized and simplified the evidence necessary to maintain them, and entered the Court prepared to meet the case brought forward by the Crown on every one of its points and bearings.

“Far different was the case of the unhappy man then standing at their bar.

“On the evening previous to his trial he was scarcely acquainted with the name of the counsel who was to defend him: and that counsel had scarcely more early information of the grounds on which his defence was to be rested. He (Mr. Adolphus) could assure them that he was only chosen counsel for Thistlewood on Thursday last; that unavoidable business had kept him out of town during the whole of Friday; and that he had appeared before them on the Monday with such information as he could collect in the interim. He deplored this circumstance, but he could not complain of it. His want of ability and preparation was not, however, the only circumstance which rendered Thistlewood’s case more desperate than that of the individuals who had formerly been placed in his situation. Many of them had been allied with, or supported by, men of power, and rank, and influence in the country. Thistlewood, on the contrary, was aided by no party, was supported by no subscription, but was deserted by men of every class and party in the community. He (Mr. Adolphus) had received no assistance, no information, no instructions, from him; all that he knew of the case was derived from the materials which the solicitor, the gratuitous solicitor for the defence (Mr. Harmer), had been able to collect within the last few days.

“Besides these circumstances was another still more extraordinary and unfortunate. At the state trials of 1794, whoever was discharged by a verdict of his countrymen was discharged at once from all further prosecution; and with the inquiry of that Court ended all inquiry into his conduct.

“This man, Thistlewood, however, was so beset, that, even though he obtained at their hands a verdict of acquittal upon this charge, he had to undergo a similar trial upon other indictments: indeed he (Mr. Adolphus) did not hesitate to say that he (Thistlewood) was surrounded by every danger which could possibly environ the life of a single individual. It appeared as if this melancholy choice alone were left him, whether he would have the execution of his sentence end with the severing of his head from his body, or whether he would have his body given up after his execution to the dissecting knife of the surgeon. If his guilt were of such a nature as to demand that penalty to be added to the others inflicted by the law, he had only himself to blame for it: far was it from his (Mr. Adolphus’s) intention to palliate his conduct upon that point: the only reason which he had for even alluding to it was to implore them to place out of their consideration every circumstance which was not connected with the subject of their present investigation, and which had not been brought regularly before them in the course of the trial.

“The Attorney-General had made the same request to them, and it had well become his character and legal knowledge to do so. It was not less his duty as a man and as a Christian, than as a high officer of the Crown, to give them that advice: for, bound as he was to protect the interests of the Crown, he was not less bound not to exercise his power in wantonly running down those subjects, who were living under its fostering care and protection. Made, then, as this request had been made to them by the Attorney-General, he (Mr. Adolphus) could not help repeating it; for he was well aware how difficult it was to dismiss from the mind the impressions of ill-will and dislike which were naturally conceived against any one who was, or ever had been, the subject of general reprobation.

“On occasions like the present a man’s usual convictions stole into his mind, in spite of himself: it therefore became them to be doubly on their guard, and to view the case then under their consideration as if they had never heard the name of Thistlewood before, and as if they had never received any other information than that which had come under their notice in the course of the trial, upon which, and upon which alone, they were sworn to give their verdict. He agreed with the Attorney-General that the present was a case of infinite importance; not, however, to the prisoner at the bar merely, whose life was at a stake, (indeed in that point of view it was of less importance than in any other) but also to the state and to all posterity.

“It was of importance to the state that verdicts should be given upon strict evidence alone, and not upon favourable or unfavourable impressions conceived by the Jury regarding the party on his trial. It was of importance also to posterity; because if, as against a bad man, a certain kind of evidence should now be allowed to procure conviction, it would, in time, be also allowed to procure conviction against a good one; and, in that case nobody could tell whose fame might not be impeached, whose property might not be injured, whose life might not be destroyed, by the same kind of evidence as had been produced on this trial; evidence which ought never to have the credence of any jury, or the sanction of any court.

“It was not, therefore, so much for the value of Thistlewood’s life (though God forbid that he should undervalue the life of any man) as for the value of a precedent in a case of treason, that he was then contending; for if a charge of high treason could be substantiated against any British subject on such evidence as had just been adduced there would be an end to all our well-founded boasts of the excellence of our law regarding high treason. Such an event, however, he, for one, did not anticipate, when he recollected with what care the law of treason had been guarded by the legislature, and with what caution executed by our juries, ever since the period of its first institution. Nor was such caution, vigilance, and correctness, as had been always exhibited by our juries, with some few exceptions, and those in bad times, unnecessary or uncalled-for.

“An accusation of high treason was a fearful accusation. In all other criminal cases, from a simple assault up to a murder, the King though not the real, was the ostensible prosecutor: in a case of high treason, however, the King was not merely the ostensible but also the real prosecutor; he was directly arrayed against the prisoner, and therefore it was the imperative duty of the Jury to see that the subject was not oppressed. The present case of high treason was as important as any of those which had ever preceded it; and the Jury ought, therefore, to be peculiarly careful not to allow one tittle of evidence to weigh with them which had not been admitted on former occasions, and, if they had any doubts with regard to its admissibility, ought to lean to the prisoner, and not to the Crown, however interested they might be in its preservation, and the preservation of its authority.

“He had before had occasion to state to them, that the defence of the prisoner at the bar had come to him, in the course of his professional business, as an enforced duty. He had not sought it; he had not refused it; indeed, as an advocate, he could do neither one nor the other. Standing, however, as he did, in that Court, as the advocate, the unfee’d, and therefore, in some respect, the voluntary advocate of the prisoner Thistlewood, he deemed it right (unnecessary and improper as it might be on any other occasion for an advocate to press his own political opinions on the Jury) to state that, during the whole of his life he had never given his assent to any proposition tending to change the constitution, as established at the Revolution, either in church or state. He had been born a subject of his late most gracious Majesty; to him, whilst alive, he had paid a subject’s loyal obedience. He was now a subject of his present most gracious Majesty, and the allegiance which he had paid to the father he willingly transferred, as his due to the son.

“To the questions which had lately agitated the country, he had never lent himself for a single moment; on the contrary, he had always opposed, to the utmost of his power, every design of faction and innovation. Thus much he thought it necessary to state in the peculiar situation in which he stood; but making as he had that declaration of his political principles, he also felt, both as a man and as an Englishman, that he had a strong principle to advance and establish in this defence; and he therefore trusted that, if any persons were present who felt an interest in the fate of the prisoner, they would not think that he would relax, in his efforts on his (Thistlewood’s) behalf, on account of the difference of their political opinions. If any thought that he would relax, he was sorry that they should entertain such an opinion of him: he would, however, use every exertion to make a fair defence for the prisoner: if it were not conducted with ability, it would be not from want of intention, but from want of ability, which would be the prisoner’s misfortune as well as his own.

“The learned Counsel then proceeded to observe, that the line of defence which he found it necessary to pursue was the most difficult which it had ever fallen to the lot of an advocate to make good; and he should here be deficient in respect to the good sense and talent of the jury, if he pretended to assert that the prisoner at the bar was perfectly guiltless. He was afraid that it was but too evident that he (Thistlewood) and those with whom he was connected had meditated assassination, a crime which was little less horrible than the commission of it. He did not intend to palliate Thistlewood’s conduct in doing so—far from it: it was a crime not to be palliated: the very blood recoiled from it—the best feelings of human nature revolted against it, and the indignation and execration of society always followed it. Still he thought it possible that Thistlewood, though he might be guilty of murder and the other crimes imputed to him in the various indictments, might not be guilty of high treason. Unless, therefore, he was fully and clearly proved to be so, it was their duty to acquit him; and in so acquitting him, in spite of all the odium and prejudice which surrounded him, they would be doing honour to themselves, and benefit to their posterity.

“He was not weak enough to say this in any hope that, by flattering them, he should obtain their verdict; he should be sorry to obtain it on such terms; for if they gave a verdict for him against the evidence, they would be doing no honour to themselves, and a great injury to their posterity. He had once thought of stating to them, at some length, the nature of the law of treason, but he had afterwards found reason to change his opinion, it having been suggested to him that the law on that subject would come better to them from the Court. He should therefore proceed, before he entered into a minute examination of the evidence (on the general nature of it he had already made some comments) to state to them the nature of the indictment.

“They had heard the indictment read over to them, and would have perceived, unacquainted as they were with the technicalities of the law, that the same offence was charged against the prisoner, though somewhat varied in terms. There were four charges, or counts, to which he particularly wished to call their attention; there were to each of these ten or eleven overt acts, all of which, it had been said, must be considered as shewing the intention with which the prisoner had acted.

“The prisoner was charged, in the first count, with “compassing, imagining, inventing, devising, and intending to deprive and depose our Lord the King, from the style, honour, and kingly name of the imperial crown of this realm.” The overt acts stated in the indictment were, conspiring to assassinate several of the Privy-Council; procuring large quantities of arms with intent to assassinate them; as also to subvert and destroy the constitution as by law established; issuing proclamations to the King’s subjects containing solicitations to aid and assist them in making and levying insurrection; and various other acts specified therein. Before, however, they found the prisoner guilty upon this count; they ought to be convinced that the intention to depose the King existed previously, and not subsequently, to the commission of these overt acts. For though they should be perfectly convinced that the prisoner had gone to Lord Harrowby’s house with the intention of killing the King’s ministers, that fact alone did not render him guilty of high treason: it was necessary that a treasonable intention should be first proved to exist.

“To meditate the assassination of a privy-councillor was certainly a crime of great magnitude, and by 3 Hen. VII. cap. 14., had been made a felony; and by a later statute, that of 9th Anne, cap. 16, to assault or attempt to kill one in the execution of his office was made a felony, without benefit of clergy. Thus it was clear that to kill a privy-councillor was not in itself an act of high treason, unless it were coupled with other acts tending to prove a treasonable intention previously existing in the mind of the prisoner. They must, therefore, before they brought in a verdict of guilty against him, be convinced of one of these four points: either that he did intend to deprive and depose our Lord the King from the style, honour, and kingly name of the imperial crown of this realm; or that he did intend to excite rebellion and insurrection within this realm, in order to subvert the government; or that he did intend to levy war against the King, in order, by force and restraint, to compel him to change his measures and councils; or that he did intend, with force and arms, to effect those purposes.

“These were the points which must be established before they could find the prisoner at the bar guilty of high treason; and what was the evidence produced to establish them? He did not hesitate to affirm, that never was evidence so weak tendered to prove charges so heinous. It was contradictory, it was inadmissible, it was incredible, coming from any quarter, but still more incredible, coming, as it did, from men destitute of all character, avowedly engaged in a conspiracy to effect a hideous murder, and therefore men of such a description as ought never to be allowed by their oaths to bring the life of man into danger at all. Before he proceeded any further, it would be requisite to call their attention to the degree of credit which ought to belong to an accomplice. The Attorney-General, in calling an accomplice as witness, had stated that he was to be believed, whenever he was supported by other collateral evidence. On this doctrine he would not comment just at present, but would content himself with observing, that it must be clear to all of them that the whole charge of high treason rested in this case solely on the evidence of an accomplice. For if the testimony of Adams were to be dismissed from their notice, there was not a single syllable said by all the other witnesses who had been produced, (so loosely indeed had they supported the testimony of Adams) tending to convict Thistlewood of high treason.

“The question then came to this point, whether a charge of high treason ought to be considered as made out, which rested solely on the testimony of an accomplice, and an accomplice, too, like Adams. He maintained that it ought not, for if Adams were believed, no witness could hereafter be rejected as unworthy of credit, and consequently no man’s life or honour could be considered secure.” An accomplice, however, continued the Attorney-General, not indeed in those very words, but in words to that effect, “ought not to be expected to receive support on every point which he mentions in evidence, because if he were to receive such support, there would be no reason to call him at all.”

“It was true that the evidence of an accomplice might be believed under certain circumstances, that is, when he was supported by other more respectable witnesses; but then he must not be supported by only a few witnesses, but by all the witnesses which could be called to confront him. He would even go so far as to say that those who availed themselves of the evidence of an accomplice were bound to produce every witness acquainted with the facts to which he swore, not merely those who could support, but even those who were likely to contradict them. These persons were the solemn gages of his truth, and like witnesses to the signature of deeds, ought to be called forward for the common good of all parties. This was not merely his opinion, but the opinion of many eminent lawyers who had gone before him. Indeed he had read an opinion of one of them in a book, which he could not with propriety mention there; an opinion which was so much in unison with his own, though much more forcibly expressed, that he could not omit the opportunity of reading it to them. The argument in it was clear and satisfactory, and the law was not more accurately laid down than it was forcibly expressed. The passage to which he alluded was as follows:

“‘An accomplice may be a witness; even unconfirmed, he is a witness competent to be heard.’—A witness of the most infamous character, unless he has been actually convicted of certain specific crimes, and the record is brought into Court, may indeed be heard; but it is for you, gentlemen, to determine what degree of credit you will give to his evidence. Let him be heard; let him be examined; I thank them for calling this witness: I thank them for submitting him to the admirable cross-examination of my learned friend: I thank them for stopping certain subjects of inquiry; all this must satisfy you, that no reliance can be placed upon his testimony. I am sure, that if this were a case not of the immense importance which it is; but if it were a suit instituted to decide the smallest question of civil right, that you would not attend or give the slightest credence to such evidence. But in a case of this nature and of this magnitude, in a criminal case, in a case of treason, in a case of the highest description of crime, and, with respect to its inflictions and penalties, the severest that the law recognizes; in a case of high treason, I say, to build your decision upon evidence of this character, upon such a witness, and such a treacherous foundation, is it possible that my friends on the other side can expect it; is it possible that they can hope, or even wish for it? Can you believe that they could have known the previous conduct and character of this man, when they brought him into Court? It would be an insult to your understandings; it would be an outrage to common sense; a mockery of justice, to suppose that the smallest degree of reliance can be placed upon such evidence.

“But it is said that he is confirmed; and because he is confirmed in some facts, you are therefore to believe him in the rest. This is a position which lawyers are in the habit of stating in a very unqualified manner; but it is not a position which can be maintained to this extent, according to any principle of common sense. There is no man who tells a long and complicated story, like that which you have heard, who may, and must not of necessity, be confirmed in many parts of it. The witness was upwards of eight hours in giving his evidence, and of course stated many facts, which no man denies, which have been in all the newspapers for weeks and for months past; and because he is confirmed in certain particulars, you are therefore required to believe the whole of his story to be true. Is this a proposition to be insisted upon? Can it for a moment be maintained to this extent, and in this broad and unqualified way? But, gentlemen, every profession and science has its phrases; the necessary qualifications are by degrees lost sight of, and the worst errors are thus introduced.

“Let us then look at the mischief of this doctrine, and see the evils and injustice that have arisen out of it. The notorious Titus Oates, the witness for the Crown in the trials founded upon the Popish Plot, in the reign of Charles the Second, that most infamous and perjured wretch, who was afterwards convicted of perjury for his evidence upon those trials, and suffered the punishment of the law for his crime, was confirmed in his testimony in many most important particulars. Unfortunately, the juries, misled in those times of heat and party animosity, were prevailed upon to believe him, and many unhappy persons suffered in consequence of the extreme punishment of the law; and murders were committed, under the forms of justice, in consequence of the reliance placed upon the frail and fallacious testimony of a man of that description. You perceive, then, gentlemen, the danger of this doctrine; and that it is not because a man is confirmed in certain circumstances that you can safely believe him, as to other facts where that confirmation is wanting.

“What is the character of falsehood? Who has lived in the world, and has at all examined the operations of the human heart and mind, who does not know that this is the usual and proper character of falsehood—that it does not wholly invent, falsehood engrafts itself upon truth, and by that artifice misleads and deceives, truth is exaggerated, things that exist are discoloured or distorted—these are the usual operations of falsehood; this is a part of its nature, its address and dexterity. It arises, therefore, out of the very nature of perjury, that it must be confirmed to a certain extent; and it is because there is confirmation in certain particulars, to which particulars I shall, by-and-by, take the liberty of drawing your attention, that you are gravely required to believe the whole of the miserable fictions with which you have been insulted in the evidence of this abandoned wretch.

“But let us look with a little more accuracy to the shades and distinctions upon this material point. I beg you to follow me; for it is most important, according to my apprehension of the question. A man may be seduced into the commission of an offence, who had previously maintained a good character; he may repent of his crime, and give information, and then come into court as a witness. If the story which he tells is found to be probable; if he is not only uncontradicted in any facts, but is confirmed in essential particulars; if there are no circumstances of suspicion arising out of the situation in which he stands, a jury, may, possibly, upon such evidence, be justified in finding a verdict of guilty. I repeat it, that if the previous character of the man were good; that if the story he tells is probable; if it is not proved to be false in any part of it; if he is confirmed in essential particulars, and there are no circumstances of suspicion arising out of the persons with whom he is connected, and by whom he is surrounded, then the Jury may give credit to his evidence.

“He could not help observing, that, if he had desired the best friend whom he had in the world to enlarge his mind by the infusion of good sound legal opinions, or to compose for him a dissertation on this express subject, that friend could not have given him any sentences so adequate to the expression of the sentiments which he wished to convey to the Jury, as were the sentences which he had just read to them. He could have wished to have given them the book which contained these sentences to keep in the box with them, but the practice of the Court prevented him from doing so; he would, however, ask them to retain them, if they could, in their minds, as a shield of protection for the prisoner, against a man, who ought not to be believed on any one point, but who had interwoven with his falsehoods many truths, which he had acquired either from common report in common conversation, or which had been impressed on his recollection by the injunction of those under whom he acted.

“The next step which he had to take, would be to comment on the evidence, but before he entered into an examination of it, he should beg leave to describe the nature of the defence which he was going to make. He thought it, therefore, his duty, to say at once, that no doubt could be entertained of Thistlewood having been at a meeting in Cato-street, and that he, with the other members of that meeting, had determined to murder all the Cabinet Ministers. To entertain a doubt of the existence of the meeting, or the sanguinary designs which those who attended it entertained, would be full as absurd as to doubt the existence of light now that the sun was casting its full radiance upon the Court. Whilst that meeting was in deep deliberation, it was interrupted by the arrival of a party of police officers. In the affray which ensued, Smithers met his death, or, he ought rather to speak out plainly, was murdered.

“Making, however, these concessions, and admitting the facts to be as bad as bad could be against the prisoner at the bar, believing even, as he did believe, that Thistlewood was guilty of the murder of Smithers, still he maintained that his guilt did not amount to high treason. He would admit, that from motives of a personal nature, Thistlewood wished to kill one of his Majesty’s ministers; and that, in order to effect that purpose, he had no objection to kill them all. The Jury ought, however, to recollect that, whilst influenced by this wish, he had always been accompanied by two spies: how far they had advised these plots was not clear, but one thing was clear, that, upon such evidence as theirs, they were called upon to convict Thistlewood of high treason. That he had been guilty of murder he (Mr. Adolphus) was not now going to dispute; but it was too bad that the crimes of murder and treason should now be blended together, and that he should be represented as meditating a crime which he never had for one moment in his heart.

“He had already stated to them, that if Adams’s evidence did not convict Thistlewood, none else did, for the evidence of the other witnesses was little or nothing. If, therefore, he shewed them, as he hoped and trusted he should shew them, that the witness Adams was totally unworthy of belief, then a verdict of acquittal must be given for the prisoner at the bar. In order to convince them how totally undeserving he (Adams) was of credit, he (Mr. Adolphus) should beg leave to direct their attention to three points. He should ask them how far Adams had been confirmed in that part of his evidence which related to the treason; then how far he had been contradicted by his own evidence, or that of others; and, lastly, how far he might have been confirmed by others, if the Counsel for the Crown had thought proper to call them.

“What then was the testimony which Mr. Robert Adams had given to them? He (Mr. Adolphus) would tell them. The man had commenced his evidence by informing them, that he had been a soldier some years in the Blues. That any subject of the King should entertain such schemes as had been entertained by these alleged conspirators, was certainly deplorable; but that a man in the situation of Adams, a soldier, sworn to defend his Majesty to the best of his ability from all harm and danger, should have voluntarily entered into them, and should never have felt any of what he (Adams) had termed compunctious visitings as to the guilt in which he was going to involve himself, until four days after the execution of that guilt had been rendered impossible, was a circumstance so atrocious as to deprive him of all claim to credibility and respect.

“This loyal soldier, however, proceeded to inform them, that he had become acquainted with Brunt about three years ago, when the British army was at Cambray, at which time Brunt was attending it in the capacity of a shoemaker. After the dispersion of the army he lost sight of him for some time, but afterwards met him again in the month of January last, when Brunt introduced him to Thistlewood. Then occurred one of the most extraordinary circumstances which he (Mr. Adolphus) had ever heard of, though it appeared to be nothing else than the fashion throughout the whole of this case. At his very first meeting with this Mr. Adams, Thistlewood let him into the whole secret of his traitorous designs. But could any one believe that Thistlewood himself was so reckless of life, as to use language to a stranger equivalent to this?—‘My fate is so hard, my circumstances are so desperate, that I care not a straw what becomes of me. I put myself, and all my designs, into your hands, without any regard to the consequences; and yet those designs are so horrible and so sanguinary, that if you have the slightest portion of loyal feeling about you, you must denounce me to Government, you must hand me over to justice, you must embrace the opportunity which I have given you of condemning me, without any scruple, out of my own mouth.’ Was it possible that any man in his senses could be thus blind and foolish? Could the most credulous man alive be persuaded to attach credit to so incredible a story? He thought not; and he therefore trusted, that on such evidence, they would never find the prisoner guilty of high treason.

“But though the prisoner, and those with whom he was connected, had not meditated so great a crime as treason, the evidence inclined him to believe, that after the perpetration of the bloody deeds which they meditated, they had intended, under shelter of the confusion which such atrocities would have created, to have commenced a general plunder and devastation of the metropolis. Such an intention, though it enhanced their guilt, did not make it amount to high treason; and, indeed, any person who carefully perused the evidence, would observe that it tallied well throughout with a design to plunder, but very ill indeed with a design to depose the King and to alter the form of Government. For what was it that Mr. Adams next said? Why, after some conversation as to his excellence as a swordsman, Thistlewood is represented as saying, ‘No man worth 10l. was worth any thing for the good of his country. The tradesmen and shopkeepers of London were a set of aristocrats together, and all worked under the same system of government. He should like to see the day when all the shops should be shut up and well plundered.’ Why, the whole intent of their conspiracy was disclosed in this sentence. Here was nothing about depriving the King of his style and dignity; but there was a good deal about plundering the city. Their arms, too, were fitted for this purpose, but not for overturning the Government, as must have been evident to all, from the miserable display of their armory which had been so ostentatiously made on the preceding evening. Therefore, unless they could suppose, that to murder the man whom they hated, and to plunder the shops during the trepidation ensuing on such murder, amounted to a deposing of the King, they must acquit Thistlewood of high treason.

“At another meeting, this formidable band of traitors declared that they were so poor, that they could not wait longer than the ensuing Wednesday for the effecting of their intended revolution. He left it to the jury to say, whether such a declaration savoured more of plunder or of high treason. But, in his opinion, a scheme of plunder was the only thing which could be thus easily arranged; not a revolution in the state, which must depend upon many fortuitous events and circumstances. After this, their conversation became sportive; they gave certain facetious nick-names to certain distinguished noblemen; how justly it was not their business then to decide. This occurred on the 13th of January, just one month and ten days before the transaction in Cato-street. What occurred next, according to the testimony of the respectable Mr. Adams? Why, that three days afterwards he was himself arrested for a small debt, and carried to Whitecross-street prison, which residence he did not leave until the 30th of January. Was this man, who could not even preserve his liberty, more likely to be found engaged in a design to destroy the state, or in a design to commit pillage and plunder, to enrich himself? He had nothing to lose, he had every thing to gain; and if the worst came to the worst, he had only to save himself, and hang the rest of his companions, by turning King’s evidence against them.

“After Adams had got out of prison, he returned to his old friends, and had several conversations with them, at all of which Edwards was present. He wished to call their attention to this curious fact, that Edwards, who could have proved all the conversations which had taken place—Edwards, whose name was placed on the back of the indictment as a witness to be summoned on behalf of the Crown, had never once been put into the box. Shortly afterwards they took a room to themselves, and had meetings in it twice or thrice every day. Adams attended them all, became acquainted with all their projects, made himself an active partner to all their intended atrocities; and yet, though a soldier of the King’s, never disclosed a syllable of them to any of the constituted authorities until he was apprehended. What next? Why, between the 3d and the 16th of February, another conversation occurred; and then this plot is described as assuming, for the first time, a treasonable shape, ‘One evening,’ says this respectable witness, ‘I went in and saw Harrison, Thistlewood and Brunt: Harrison said, that he had been speaking to one of the horse-guards, who had told him that the whole of their regiment would be down at Windsor on the King’s funeral. He said that this would be a favourable opportunity to kick up a row, and to see what could be done.’ Kick up a row! That very phrase explained the whole matter—all the troops would not, indeed, be out of town, but all the officers of police would, and therefore it was a favourable opportunity to kick up a row, and to commit depredation. ‘Thistlewood’ continued Mr. Adams, ‘said that it was a good plan; and, added, that if they could get the two pieces of cannon in Gray’s Inn-lane, and the six pieces in the Artillery-ground, they would so help themselves as to have possession of London before morning. He also said, that when the news should reach Windsor, the soldiers would be so tired from being up all night, as to be incapable of doing any thing when they returned to London.’ In possession of London! Why this fellow, with his military education, ought to have known that he could not take military possession of any single respectable street in the metropolis with ten times the number of men said to be engaged in this wild attempt to overthrow a mighty empire. For were their numbers unknown? No—their whole battalia was well known to consist of not more than twenty-five men; and yet, with this mighty force, and with eight pieces of artillery, they were to be able to keep possession of London, because the poor dear soldiers would be tired to death by being kept up on duty a whole night at Windsor. Were such idle dreams and dotages to be credited in a court of justice? or were they to be dismissed from their recollection with that scorn and contempt which was so eminently their due?

“Adams then represented Thistlewood continuing as follows:—‘By persevering after they had got the cannon, and by using some activity, they might go to Hyde-park and prevent any person or messenger from going to Windsor, and giving the alarm. Another party should then cross the water, and take the telegraph, to prevent any communication being made at Woolwich of what was going forward at London.’ The man who devised such a plan, might, indeed, be considered as mad—but at least there was method in his madness. Roads were to be commanded in this, important diversions operated in that direction, telegraphs to be seized in one town, and soldiers paralyzed in another. All this, too, was to be done by twenty-five men and eight pieces of artillery, who were to be gifted, in addition to all their other qualifications, with the most wonderful ubiquity.

“That a wicked man, or that even a madman, might devise such a project, he could easily believe; but that any man should propose it as a feasible project to any body of men, was more than he could ever be induced to credit. For no story of oriental romance was so extravagant—no exploit of any hero of school divinity was so inconsistent with reason and probability, as was the design which Adams had shown to have been recommended by Thistlewood to his associates. And yet these men were to form a provisional government, and the forming of this provisional government was to constitute a chief point of their guilt! They form a provisional government for this mighty empire! In what way? by what means? out of what materials? Out of those illiterate and beggarly individuals, he supposed, who could not agree on the drawing up, on cartridge-paper, of three lines, to be exposed on the great day of the revolution on the blazing buildings of London, for the good of the people.

“This provisional government, formed from such materials as he had described, was not to begin the exercise of its authority, however, until the soldiers, who were to be tired to death by sitting up all night at Windsor, were fairly disposed of. From his talking thus coolly of tiring the poor soldiers to death by the labours of one night, it was quite clear that Adams, with all his military education, had either never heard of such a thing as a bivouac, or else that he had conceived all virtue and all valour, as well as all honesty, to have left the army when he quitted it. The provisional government being formed, it was only natural to expect that the business of the drama would crowd more thickly upon the Jury, and therefore they might be excused for asking what came next. Why, the provisional government was to send to the sea-ports to prevent any gentlemen from leaving England without passports: it was to send to Dover, to Brighton, to Margate, to Ramsgate, and other places, orders to that effect; to send to all of them, too, during the night of the King’s funeral—and, above all, was to send these orders to Brighton in particular. Why so? because the mention of Brighton brought the prisoner at the bar into contact with the reigning Sovereign, and laid a foundation for a charge of high treason.

“The King, however, was not at that time at Brighton, but unfortunately confined to his palace in London by so severe an indisposition as to require the issuing of daily bulletins regarding the state of his health. From that indisposition he had now recovered, and he (Mr. Adolphus) prayed to God that he might long be preserved from the recurrence of it. The prisoner at the bar, however, if they were to believe the testimony of Adams, was of opinion, that the present family had inherited the throne long enough, and that it was of no use for the present King to think of ever being crowned.”

The learned Counsel proceeded, “Thus, gentlemen, is the secret detected! Here is the word of the wise and the edict of the powerful! By means like these was the greatest metropolis in the world to be taken, the great roads of communication with the country occupied, and the sea-port towns seized! Yet, by this shameless fabricator of incredible falsehood, and by him alone, is the first count of the indictment supported. It required the greatest human fortitude of face to state it. Well, it was discovered that the first Cabinet dinner was to be given. Cabinet dinners were said to be suspended during the death of the late King, and the illness of the present. On occasion of this first Cabinet dinner the plan was to be executed. Mark, now, how this story breaks itself to pieces!

“On the 16th of February the plot is formed; yet then there was no ministry, and no intention of a Cabinet dinner. This is flagrant, gross, and palpable, too palpable for detection, too flagrant for exaggeration. Several meetings are said to have been held at Fox’s-court. It was found, on the 19th February, that the soldiers had done their duty, and were not to be surprised, therefore something new must be devised. For this purpose comes the ever memorable information in The New Times. They had nothing in view but plunder; they sought only the surest way to plunder. Poverty was their goad, plunder their aim. Their designs were not directed against any individuals, however exalted, but as means of plunder. But a committee was appointed, and we see them assembled on the 20th. This is eminently worthy of your attention. On Sunday, at eleven o’clock in the morning, when the snow fell so thick that one could scarcely see his way, the committee met. Tidd took the chair at this rehearsal of the provisional government. Tidd sat in the chair with a pike in his hand. Thistlewood took his station on his right; Brunt was on the left; Thistlewood opens:—‘I presume you know what you have met here for; I mean the west-end job.’ This is presumptuous enough, certainly. Brunt speaks next: he never speaks without an oath, and he, characteristically, says, ‘D—n my eyes, mention it out.’ Tidd calls to order. So orderly was this meeting! Thistlewood then proposes to assassinate the ministers separately, as they cannot be got together.

“Their arrangements for this are like all the other arrangements; barracks were to be taken, cannons carried away, ministers assassinated, government subverted, the Mansion House occupied, all by fifteen or twenty men. Twenty-five were the greatest number ever spoken to. Twenty-five would find themselves completely lost in the Mansion House; they might as well wander through the Tower of Babel. Palin, who was to be particularly important in his services, was to travel from place to place with satchels of burning materials on his back, and was alone to set fire to several places. Mr. Palin alone was to be seen wandering about, setting fire to houses for amusement, or for the perfection of their plan. Each individual was to have his distinct act of assassination; whoever failed was to be himself assassinated. But who the spare assassin was, to assassinate the rest if they failed, was not told. But this is one of the many fictions which you are called upon to swallow.

“The witness ventured, for the first time, to express here some difficulty, and asked whether, if failure proceeded from unavoidable causes, and not from cowardice, the same consequence must follow. Thistlewood relieved him from this apprehension. But how the court-martial was to be formed to try the case was not discovered. Such, gentlemen, is the delirium of delusion, or the suggestions of frenzy, which you are called upon to believe. Mr. Palin delivers a speech in parliamentary form. ‘Agreeing as I do with the plan proposed, I wish to know where men are to be found.’ Then he asks whether the plan is to be communicated to those he meant to call upon. Thistlewood authorizes him to use his own discretion. Gentlemen, if you find in this testimony some remote pointing to probability, believe it; but can you, for a moment, hesitate respecting this gross and flagrant fiction? Furnival’s Inn was selected for setting fire to. No building is less liable to be burnt. It is a modern building, and there are strong party-walls. Other places, which I shall not name, and where some of us live, would be much fitter. Many places between Furnival’s Inn and Fetter-lane, all timber, would take fire at once. But Furnival’s Inn appeared fittest in fiction.

“The witness had been in prison, and having forgotten that Furnival’s Inn was rebuilt, and inventing what he should say to the Privy-Council, he represented Furnival’s Inn as the place to be burnt, because, in its former state, it would readily take fire. The Privy Council, their clerk, as well as the Attorney General, I believe, gave him no assistance; they only placed him before an impartial jury. You know that if the plan were contemplated and effected, a chandler’s shop at Charing-cross, where the various communications diverge into the town, would create more alarm. But this suited the grossness of fiction, or the fondness of delusion, by which this witness looked for impunity and reward. We now come to the business of the exchequer. Brunt says, “D——n my eyes, though I have not worked for some time, I have a 1l. note, and I shall give it for a treat.” You will not, gentlemen, suppose that I repeat these oaths as feeling pleasure in doing so. It is painful to me, and disgusting to you; but, in my humble judgment, it is not a needless repetition.

“Suppose Brunt’s generous purpose accomplished, it will give a slice of cheese, a piece of bread, and a glass of gin to each. It appears that 6s. was the largest sum seen with them: there was 1s. on another occasion; there was 7d. for a newspaper, 7s. 7d. was the treasury then. Whether this and the prospect of sharing in the produce of a 1l. note, could induce fifteen men to subvert the Government, I leave you to judge. Nothing stimulated them, then, but the hope of plunder. When they should have done something to create alarm, they expected to have full liberty of plunder.

“Thus have I endeavoured, gentlemen, by hours stolen from my rest, to lay before you the real character of their intentions. My Lord will fairly state the law to you; I need not, therefore, anticipate any thing on that subject. At the meeting on the 21st, information is said to have been given that their proceedings were known at Bow-street, and at the Secretary of State’s office. We might have had evidence whether this information could be well founded, but we have none. Next day, the 22d, the cabinet dinner is announced. Who announces it? Mr. Edwards. This corresponds with what is in evidence before you, that the intelligence was fabricated, and put into the paper for this purpose. “Poverty goads on these men; it is fit,” said the prompters, “that we put them on to what will serve our own purposes.”

“The Court reporter himself did not know of the cabinet dinner. He has told you, that the word ‘grand’ could not be applied by him, as one cabinet dinner was not grander than another. You see, then, how it has been fabricated. I will here once more allude to the execrations of Brunt, and from this time dismiss them from your observation.

“The Attorney General animadverted properly on the impiety and obduracy of heart which the language of Brunt indicated. If it was true, his infamy baffles description. It is, that up to that moment he had been an infidel, but he had been praying to God, and he now believed, because his prayer was answered. Such are the words uttered by the fiction-making witness’s mouth. ‘I have prayed to God, in whom I did not believe, to put in our power innocent men, who are highly favoured in this world.’ These are the fictions of a gross, rank, ignorant, conspirator; they defy the grasp of human investigation; they almost persuade us to believe them, because they are impossible. We are almost led to say, as one said on another occasion, ‘I believe it, because no man would invent what is so incredible.’ But, on a question of life and death, gentlemen, you will not listen to such fictions; you will not regard such fantastical decoys. Perforated by the witness’s own act, his creation sinks to the bottom of the sea; it can form neither buoy nor vessel—it is sunk and destroyed for ever. But he is an infamous witness who cannot be believed at all. You find himself next in the chair; and when one turns upon him like a bull-dog, and another like a bear, he remains firm.

“It was then resolved to have a watch set upon Lord Harrowby’s house. This was certainly done, and was a part of the plan which was undoubtedly formed to murder his Majesty’s Ministers. But after that should have been done, so barren were they of invention, that they were to fall back on their old plan of carrying away cannons without horses; of occupying posts without men; and of performing great deeds without any means.

“Provisional Government! Unless the pronouncing of these words were to ‘raise spirits from the vasty deep,’ I know not what it could mean. A printing press, one would have thought, was indispensable. But no means of printing a placard had they. Their proclamations were written on a piece of cartridge paper. I beg pardon, let me not understate the means possessed by them; on three pieces of cartridge paper were the magical words written. ‘Your tyrants are destroyed.’ Ministers were the tyrants then. Be it so. This is not high treason. It might have been murder; but it is not high treason. ‘The friends of liberty are invited to come forward.’ If this were told by a witness deserving of faith, it would stagger belief; told by one tainted as this witness is, it can excite no inclination towards faith. On the blazing building, I think I am correct in stating it so, these proclamations were to be stuck up, in order that the friends of liberty, happening to pass by the ruins, might know that a provisional government was sitting, we know not where, or for what purpose.

“Is it possible, gentlemen, to sacrifice human life upon evidence like this? Is it possible to credit evidence that has no point of contact with common sense? The Provisional Government, dropped from the clouds, is sitting: the finger-post is destroyed, with the blazing building to which it was attached; you know not where the Provisional Government is to be found.

“The witness stated, that Ings, the butcher, was arrayed in a belt and two bags. The articles which were exhibited to you last night are removed from the table to-day. The bags were to carry human heads. If there is in the human mind any thing so atrocious as to crown assassination with an exhibition like this, I am truly, truly heart-struck with sorrow for it. I was led to review the French Revolution, to which allusion has been made by the Attorney General, and at that early age every drop of blood in my body was chilled with horror at human heads paraded through the streets, and at the atrocious barbarities inflicted on the royal family. I rejoiced that the country to which I belonged was free from such crimes.

“From the hasty view I took of the bags, and it did not occur to me till I left the Court, but from the hasty view I took, I think they are not large enough to contain a human head. I am told that they are: if so, I only say it has the impression of a hasty view. But, for God’s sake, let us not decide by these ignorant visions. Was not Lord Harrowby’s plate, the salvers and goblets, &c., a more natural object of desire, and not heads, which, if any carried, every hand would instinctively strike him from the face of the earth? The hand of Lord Castlereagh was to be put into pickle, whether in order to be shewn for money, as might appear suitable to the situation of Ings, or to be exhibited as a trophy, does not appear.

“The witness says, when the officers entered the loft in Cato-street, they cried out, ‘Here’s a pretty nest of you,’ &c. I shall afterwards remark upon this, because I think it pregnant with importance as to the witness’s testimony, for I think he was not there at all. With the experience which you have had in courts of justice, some of you may have felt astonished that my learned friend did not proceed further into the cross-examination of this witness. Every art has its own difficulties, and my learned friend never shewed more consummate skill in his art than when he refrained from further cross-examination of this witness.

“When my learned friends, the Solicitor General and Mr. Gurney asked questions of this witness, which were the natural and regular inquiries, you heard him refuse to answer, and add, ‘No, I have something else to say before I come to that.’ When their experience and judgment suggested the proper questions, he would not let his contrived and fabricated tale be mutilated. ‘No,’ says the untractable witness, ‘I have not come to that yet.’ If my learned friend had wasted time in cross-examination, he could only have got repetitions of the same words. Such testimony is not to be overthrown by cross-examination, but by his manner before you, and by the probability of the statements he makes. But this important declaration was got from him by cross-examination.

“When my learned friend asked him, in the words quoted by the Attorney General from a great poet, whether he had given information from ‘compunctious visitings,’ he replied, that conscience alone made him disclose what he knew. He is quiet from the murder of Smithers on Wednesday night till Saturday, when he plumes his wings, and goes to the Privy-Council to disburthen his heart. I have had a good deal of experience of the evidence of such persons; and I have heard one, who was chairman of the quarter-sessions for Middlesex twenty-six years, say, that, from the moment that observation was made by an accomplice, he was not to be believed, because that was incredible. Apply that here. He sees the murderer, and goes away, unconcerned as if nothing had happened. He rests on the stings of his conscience for four days. He must think that you have no hearts yourselves—no consciousness of the operations of human feelings—if he imagines that you can believe what no schoolboy would give credit to.

“Have I used levity upon this subject? for God’s sake, absolve me from the intention! Have I treated lightly the contemplation of assassinating men possessing and deserving the highest veneration? For God’s sake, excuse the observations which the absurdity of the evidence made necessary! I cannot hear, without indignation, that the wisdom which has so long presided in one of the most important of our Courts, was thus to become a corpse; and that the valour which fought at Waterloo (for the Duke of Wellington was to have been at the dinner) was to have fallen by assassins. From these two take the measure of all.

“When the destruction of worth and wisdom, of learning and talent, is thus contemplated, the most hardened and flinty heart that ever dwelt in a human bosom recoils with horror, and melts with compassion.

“If then, I have used a light expression, impute it, gentlemen, to inadvertence of language, and not to hardness of heart, because the absurdity of the witness made the observations I offered unavoidable.

“Let us now see how far this witness is supported by other witnesses. Mary Rogers proves his statement as to the lodgings; Joseph Hall confirms him to a similar extent. Lord Harrowby and his servant confirms him so far, as to prove the intention of giving his cabinet dinner on Wednesday night. Of this there is no doubt. Hyden is proved to have spoken to his Lordship in the Park. Three witnesses are called, which was not necessary, to prove that the room in Cato-street had been taken; but the parade of confirmation in this matter is meant to cast an air of credibility over other parts of the evidence. I now advert to collateral confirmations. The sharpening of Ings’s sword, the acquaintance of Harrison with the state of the barracks, the redeeming of a blunderbuss from pawn for murder, not treason, have been all proved.

“It is true, Hyden and Dwyer are not accomplices, they are to be believed, if their testimony is credible. Hyden long ago, before his late Majesty’s death, states to Wilson, with whom alone he was acquainted, that grenades were to be thrown under the table, and that those who should escape were to be killed with the sword. But he mentions no ulterior object deserving of the name of treason. Whatever the object might be, Hyden goes first to Lord Castlereagh, who was the object of their peculiar spleen; then not finding him, to Lord Harrowby. But what the nature of their plan was you may judge from this that, Wilson would not, for the accomplishment of it, lose a shilling or half-a-crown to be gained by going with cream to a nobleman. He knew that no such thing as a revolution was to be done. This, gentlemen, is not the way that kings are destroyed, and governments overthrown.

“I do not say that the question should not enter into your consideration, but I say that you cannot find a verdict for the Attorney General, if you do not believe Adams; and I have laboured very much in vain, if you have not dismissed his evidence from your minds. Monument has not in the slightest degree confirmed Adams as to the proceedings previously to those in Cato-street; and he has no memory of having ever seen so remarkable a man as Adams at Cato-street. Monument knew nothing of the murder of Ministers, and the expectation of plunder as the consequence of its effects on others.

“You have next the very extraordinary and very irregular evidence of Dwyer. He, according to his own account, is a very modest bricklayer, and has for thirty years served one master. His conscience told him, and he told Thistlewood, “It is a very hard thing for me to inveigle the minds of men.” A man who had such notions of right and wrong, ought to have told him that it was very wrong to murder. He gave information to Colonel James within an hour of the time the communication was made to him on the 23d of February. Colonel James advised him to go to the Secretary of State. He tells that Thistlewood was in five or six revolutions. I don’t know Thistlewood’s history or revolutions. [Here the learned Council read large extracts of Dwyer’s evidence.] Here is evident intention of riot, but nothing of a revolution; and it is remarkable that there is not a tittle of mention of a Provisional Government.

“The whole fabric of treason falls to the ground like the card-house of a baby. Adams sees not what is done in Cato-street. Monument sees not Adams, and is not seen by Adams. Dwyer sees neither Adams nor Monument on any occasion. Monument, like Wilson, is so cold in the cause, that, when he has a pair of shoes to mend, he pays no attention to the plot. This is not evidence on which you can believe the existence of treason.

“As a plot, it is beneath the attention of Government.

“That plan of assassination which has filled the nation with horror, was such, that nothing can be too effectual to guard against it, and the utmost vigilance of the magistrates ought to be exercised to prevent a mischief so nefarious from finding shelter in society. But I will say, in the words of a great writer, that ‘the chirpings of the grasshoppers disturb not the stately ox, who grazes unconscious of their noise.’ So is it unworthy of the Government of this country to prosecute as traitors some dozen of ragged beggars, impatient of extreme poverty.

“I shall point out to you in what points Adams is materially contradicted. Here you will remember that one contradiction is of more importance than ten thousand confirmations. Confirmations to any extent, only prove that the witness spoke truth to that extent; one contradiction proves the unprincipled contempt of an oath, and the wilful fabrication of falsehood.

“The learned gentleman again adverted to the meetings which were held in the house where Brunt lodged, and asked, ‘was it not strange that the landlady, Mrs. Rogers, should have known nothing of those frequent meetings, where so many persons attended, and where such noises were made as had been described. Would not the Jury think it a very singular circumstance that the landlady should have been ignorant of all this passing in her own house?’ Let the Jury now look to the account given by Adams of what passed in Cato-street. He stated that there was only one candle lighted. The officers, however, proved that there were eight, and that they were all put out on the firing of the pistol. He was equally incorrect in describing what was said. It was not as he swore, ‘there is a pretty nest of you.’ No; for the evidence of the officers themselves went only to the words,—‘We are officers, lay down your arms.’ He (Adams) knew when in prison, that something was said by the officers, and he made that account which he thought the least likely to be contradicted.

“What would the Jury infer from those contradictions and inconsistencies in his evidence; but, that he was a man who respected neither God nor his Gospel, and who swore to that which he knew to be untrue. Would they, under such circumstances, attach any weight to his evidence? But he (Mr. Adolphus) would come to another part of his evidence, where he was not only contradicted with the account given by others, but where he was inconsistent with himself.

“It would be recollected, that he swore to Strange being present at the meetings on two occasions; yet, when Strange was put to the bar he could not recognise him—not point him out whom he swore to as having been present at two meetings held in the open day. Was this the man upon whose evidence the Jury could return a verdict, which would affect the life of the unfortunate prisoner at the bar.

“He now begged the attention of the jury to another part of the case. They had heard of the name of Edwards in this case; this man, who lived at 166, Fleet-street, who afterwards lived at Ranelagh-place, why was not this man called? He was not an accomplice in any criminal degree, as must be inferred from the conduct of Government in letting him go quite at large. Why was not this man called? They would then have the spy to support the testimony of the informer. He could tell the Jury why; because it was remembered what had been the effect of calling a witness of a similar description on a former occasion. The witness then produced underwent a long and able cross-examination from the Counsel employed for the prisoners, and the result was, that he and his testimony were put out of Court together, and had no other effect on the minds of the Jury, than to convince them that the whole was a fabrication.

“If Edwards had been called, he would have told the Jury how this case had been got up; for he was well acquainted with the whole machinery of it. It would be recollected, that it was he who made the fusee for the hand-grenades; what would the Jury infer from his non-appearance, but that the whole of this case, as far as related to the charge of high treason, was a fabrication destitute of any foundation whatever.

“He would now come to a part of the statement made by the Attorney-General in his address to the Jury. He had said, that he supposed a part of the defence would be, that the Jury should discredit the whole of this story, from its great improbability. He (Mr. Adolphus) had never any such intention, nor did he think, that the youngest advocate at the bar would have attempted such a line of defence.

“To deny the existence of a plan, however wild and visionary, on the ground that it was improbable, would be to go in the face of the most authentic historic authority. He would take as an example one of the most familiar cases on record. The Earl of Essex, it was known, in a moment of moody displeasure with Queen Elizabeth, did not contrive a regular plan for displacing her from the throne, but in the instant he rushed forth into the streets, at the head of some few of his followers, and endeavoured to stir up the citizens to rebellion; imagining that the people might be induced to second his scheme, and effect in a moment that which he had madly fancied.

“This was a most wild and visionary plan; but, if we were reject it on the ground of its improbability, we should be blotting a page from our history, the truth of which was never before doubted. No, it was not his intention to deny the existence of the present plan, on the ground of its improbability, but he wished the Jury to disbelieve the witness, on the ground of the improbability of the plot as he had described it. When, in the course of yesterday, they saw the pikes, and swords, and pistols and guns, and hand-grenades, which were taken from the prisoners, or at their houses, no doubt they might have felt some alarm.

“They might have participated in the feelings of some persons who were near him at that moment; one of whom said, he should not like to have one of those instruments presented to his breast. No doubt; nobody would like it: but let the Jury seriously consider, how those instruments were to be applied. If they took the twelve hundred rounds of ball-cartridge which were said to have been taken, and divided them by twenty-four, they would find that they had just ammunition enough only for fifty men; but where were those fifty men—or if they were in existence, where were the arms to use this ammunition with? They had only seen a few guns and pistols, and putting them together, there was not sufficient for a party to commit more than an ordinary highway robbery with. Could it be supposed that it was ever intended to upset a government, and dethrone a sovereign, by such means? Was there, taking the evidence of those who appeared before them, recollecting that others who might have been called were kept out of the way; was there, he would ask, sufficient to shew that the object of the prisoners was to upset the government and constitution of this country? He thought he could shew, that their object was quite of another description.

“Let the Jury look at the situation in which the prisoner at the bar stood. They had, as was stated by the Attorney General, often before heard of him. He had, not very long before the present transaction, been released from Horsemonger-lane prison, where he had been confined in consequence of a letter sent to my Lord Sidmouth. He came forth from that prison with rancorous feelings against that noble lord, and probably against others of his Majesty’s ministers; would not such a man be a fit subject to work upon, in proposing an attack upon the lives of those ministers? Must not the Jury suppose that the other prisoners would have heated feelings, after the transaction which took place at Manchester? He would not offer any comments upon that transaction, further than to say, that all which was said and written upon it, was not without an effect; and, on the minds of the prisoners, would it be strange, that an artful and cunning man might work such an effect as to excite them to the murder of his Majesty’s ministers, which would not of itself amount to high treason? With their feelings worked up, some of them with strong personal enmity against some of those ministers, they had determined upon making an attack upon several of them at their houses.

“They were in this state, when forth came the never-to-be-forgotten announcement in The New Times, placed there by the hand that was to betray them, that a Cabinet dinner was to take place on the Wednesday following at Lord Harrowby’s. Did not the whole of their conduct shew that it was against the ministers themselves that the attack was intended, and not against the government, or with a view of effecting a revolution? and was there not proof, that this personal feeling was excited by some of the recent transactions at Manchester to which he had alluded? What was the speech which Ings was to have made on the arrival of the party at Lord Harrowby’s house, where the ministers were expected to be assembled? ‘My lords, you see we have got men as good as the Manchester yeomanry;’ and then, turning to his associates, ‘Citizens, advance, and do your duty!’

“During the whole of these proceedings, nothing was heard of any intended attack upon Carlton-House, or upon any of the branches of the illustrious family of Brunswick. There was no such thing. The whole which their preparations and intentions embraced, were—first, the murder of his Majesty’s ministers, and then robbery. This was the object of setting fire to some houses, that plunder might be obtained in the confusion which might be thereby created.

“These, to be sure, were heinous crimes, but they did not amount to the charge of high treason against the prisoners. The setting fire to buildings, with the intention of robbing in the confusion which the fire would create, was not, unfortunately, a novel case. He was old enough to remember, and perhaps some of the jury might also recollect the circumstance of the setting fire to the premises of a timber-merchant, in order to rob a pawn-broker’s shop, which was close by it. Indeed, the manner in which some of the prisoners had spoken of the shopkeepers of London, shewed that their object was plunder, and it appeared that bags were made for the purpose of holding such plunder.

“He had now gone through the whole of the points on which it was his intention to trouble the Jury. He had done so, perhaps, imperfectly, but he would not apologize for the time which he had delayed them. He had not, on this occasion, all the preparation which was desirable. On the contrary, he had but a very short notice of the duty which he was to perform; and, he remembered, on a former occasion, that one of the most learned Counsel at the bar expressed his inadequacy to a similar task, though he stated, that he had occupied a month in preparing for the defence.

“In pleading for the life of the unfortunate man at the bar, and, after him, of the other prisoners, it was not too much for him to ask the Jury to consider well the nature of the evidence which had been given in support of the charge of high treason. He now, however, left the case entirely with the Jury. If they thought, under all the circumstances, that there was evidence sufficient to prove the charge, then he should submit; but if, on the other hand, they were of opinion that the case was not made out, or that it was not proved to their satisfaction, they would, he was confident, acquit the prisoner.

“The learned gentleman again expressed his own inability to give the Jury a perfect direction on this important trial; and concluded by praying that God might direct and enlighten their minds on the awful occasion, so that they might administer impartial justice, always remembering that the highest attribute of justice was mercy; and that, whether the result of their verdict should be, that the prisoner would only have a week to live, or run out his days to that length to which Providence might please to extend them, it would be dictated by justice, tempered with mercy.”

The Lord Chief Justice now addressed the prisoner, and said, if you wish to offer any thing for yourself, in addition to what has been said by your Counsel, you are at liberty so to do.

Thistlewood.—I wish, my Lord, to have two witnesses examined to the testimony of Dwyer. There is a man in Court who will prove that Dwyer extorted money from him.

The Lord Chief Justice.—You must not state that; you should have consulted with your Counsel. The time for giving evidence is now past.

Thistlewood.—I will waive it then, my Lord. I have nothing further to offer.

The Solicitor-General now commenced his reply. He said, “That in rising to address the Jury in support of this prosecution, he felt that he had a most anxious and painful duty to discharge. As the servant of the public on this occasion, it was his duty to perform the service with which that public had intrusted him to the utmost of his ability and power. He was anxious, therefore, that nothing should be omitted on his part for the purpose of presenting this case in a fair and proper view before them. At the same time, he felt anxious that, in the prosecution of what he was about to state, he should not misrepresent a single fact, far less a single argument, against the prisoner, or offer an observation which the justice of the case might not fairly warrant.

“He begged leave to join with his learned friend (Mr. Adolphus) in praying the gentlemen of the Jury to dismiss from their minds all prejudices and impressions unfavourable to the prisoner, and to confine their attention solely and undividedly to the evidence which had been laid before them, on the oaths of the witnesses whom they had heard. In saying this, he was aware that it was superfluous and unnecessary. He was addressing an English Jury—a body of men sworn to administer justice to the public on the one hand, and to the prisoner on the other; and he ought to apologize for suggesting a doubt, that, in the discharge of their momentous duty, they would not keep their eyes steadily fixed on the evidence, upon which the fate of the person at the bar must ultimately turn.

“The situation in which the prisoner then stood was an admirable proof of the excellent system of our laws, and of their being built and formed upon the principles of liberty and freedom. They had had it not only proved in evidence, but admitted by the Counsel for the prisoner, that he had projected and harboured in his mind the assassination of the confidential servants of the Crown.

“They were aware of the passions and prejudices which were excited by this discovery in the public mind, and they saw that this prosecution was not commenced, nor was the unfortunate man placed upon his trial, until an opportunity was afforded for those passions and prejudices to subside. Independent of this, he was entitled to the delivery to him of all the particulars of the accusation which he was called upon to answer; and these particulars had been delivered to him at a period so far back as three weeks from the present time. This indulgence was granted to him, in order that he might have an opportunity of consulting Counsel as to any point of law, or any objection which might arise in his favour; and in order also that he might bring forward such testimony as might be necessary to his defence. He had also a list of all the Jurymen, who could by possibility be called to sit on his trial, and these he might reject, without assigning a cause, to the number of thirty-five.

“On this account he was justified in saying, that the Jury whom he was then addressing, whatever might be the result of their deliberations, was a Jury of the prisoner’s own choice. The prisoner, also, had received a list of the witnesses who were to be called by the Crown. That list was furnished in order that he might have an opportunity of inquiring into the previous character, history, and conduct of every witness who might be called against him, and for the purpose of enabling him to impeach their character, if his inquiry should enable him so to do. Such was the benevolent spirit of the British law; and such the advantages to which a man, placed in the situation of the prisoner, was entitled.

“The charge against the prisoner was, that of having conspired to overturn the Constitution under which that system of Government existed. It was a question whether the substitution of the Government which he might have contemplated, would have been distinguished by a character of so admirable a description. He had no doubt that the Jury would pay that anxious and careful attention to this case which its importance demanded, and that they would not come to a verdict of Guilty, unless they were satisfied that that verdict was justified by the clearest evidence. But, at the same time, he called upon them to perform their duty, fearless of all consequences; to turn neither to the right nor to the left, but to pronounce such a verdict as was consistent with a proper feeling towards their country, and with a due regard to the solemn obligation into which they had entered.

“With respect to the law upon the subject, it was not necessary to trouble them with any observation. In the charge against the prisoner there was nothing of a difficult or questionable description. He was charged with conspiring for the purpose of overturning the Government of the country, and with endeavouring to accomplish that by means of the assassination of his Majesty’s Ministers. If the Jury, upon a due and careful examination of the evidence, were satisfied that he had so conspired, and that he had been found taking measures to accomplish that object, then, in point of law, he was guilty of the crime imputed to him. It was admitted on all hands that a plot had been formed to assassinate the Ministers of the King, and not to assassinate one, two, or three, of those individuals against whom the prisoner might be supposed to have some personal enmity. The blow had been aimed not against one, but against all.

“The Jury would consider whether such an intention was founded with a view to overturn the Government of the country; or, whether, as had been fancifully surmised by the Counsel for the prisoner, the sole object had been the plunder of private property, and the gratification of private revenge. They would look with jealousy to the testimony which had been adduced before them, and upon that they would conclude whether the steps which had been taken were directed by the desire of promoting revolution, or solely with a view of obtaining plunder in the confusion which would necessarily follow.

“In considering the evidence of an accomplice, they would naturally look to his previous character; they would see whether there was any thing in his former course of life, from whence to conclude that he was a man capable of pursuing a continued and undeviating course of crime; but, above all, they would consider from all the circumstances of the case, what degree of credit ought fairly to be given to his evidence. He knew of no law that applied to accomplices, which did not apply to every other witness who came into a Court of Justice.

“The evidence of every witness ought to be examined with care and jealousy, and in proportion only as his story was consistent with probability was he entitled to belief. Now let them look to the fair test upon which the evidence of Adams was to be tried. His character, up to the time of his entering into the diabolical schemes of the prisoner, was unimpeached; and, if any thing could be urged on that score, no doubt the prisoner Brunt, with whom he had been intimately acquainted, would not fail to have adduced it. In so much, therefore, he stood upon fair and eligible grounds.

“Then they would ask themselves, what interest he could have in stating that which was not true? The more criminal the plot which he disclosed, the blacker hue he gave to his own reputation; and, added to this, he knew that, from the candour and correctness of his confession could he alone hope for mercy towards himself. Then he must be aware, that if he stated that which was false, his story was capable of contradiction, and therefore altogether fruitless. So that, in every point of view, he was a competent witness. As was before said, however, the Jury still had the power of exercising their own sound discretion, and of placing in him only that degree of confidence which he seemed to deserve, and which the confirmation he had received fairly justified.

“The learned counsel for the prisoner had made use of the gratuitous expression, that this man, Adams, was the only witness to prove the case. Was this the fact? Were there not three other witnesses who all spoke to the same occurrences; he alluded to Monument, Hiden, and Dwyer; the two latter of whom were, in all respects pure and uncontaminated; for what had been said of Dwyer was absolutely beneath consideration. These men were all unknown to each other—had never seen each other—and yet they all agreed in their story as to the plan for assassinating his Majesty’s Ministers, seizing cannon, providing arms, burning houses, and establishing a provisional government. Independent of these, a variety of other witnesses had been examined, who spoke to points trivial in themselves, but all confirmatory of Adams, and, as it were, completely dovetailing with the most minute parts of his story.

“This was the case with regard to Brunt’s apprentice; to the landlady of the house in which Brunt lived, and her daughter; to the officers by whom Brunt’s house had been searched; and even to Tidd’s own daughter, whose story was precisely consistent with the plan which had been detailed, but which had been so providentially frustrated. In fact, each witness formed a link in the general chain, which was complete in all its parts. But there was a still stronger argument in favour of all that had been stated, and that was, that it had not been contradicted by evidence, although such evidence was capable of being produced. For, if what Adams had disclosed was not true, why were Potter, and Cook, and Palin, to all of whom he spoke as having been present at the various meetings which took place, and who were eligible witnesses for the prisoner, not called.

“The absence of these men afforded an additional reason for giving implicit belief to all which the witnesses for the crown had said. The learned gentleman then proceeded in a luminous and eloquent strain, still farther to illustrate his argument, and with great ingenuity to contend that it was impossible, under all the circumstances of the case, for the Jury to come to any other conclusion than that the several charges of high treason imputed to the prisoner had been established beyond all doubt. If, however, as had been said by his learned friend (Mr. Adolphus) any doubt did exist, to the benefit of that doubt the prisoner was fully entitled.”

Lord Chief-Justice Abbot proceeded to sum up. “This, he said, was an indictment against Arthur Thistlewood, the prisoner then at the bar, and several other persons, who, in the progress of the trial, had appeared at the bar, in order to be identified for the crime of High Treason. That offence had truly been stated as the highest crime known to the law. It was so, because it did not merely produce individual and private evil, as most other crimes did, but, in addition to that, it created great and extensive public mischief.

“A charge so grave and serious required therefore, at the hands of an English Jury (and would, he was sure, from what he had seen, receive) the most mature and patient consideration. The charge, as it stood in the indictment, consisted of several counts. First, conspiring and imagining to depose the King; 2d, conspiring and imagining to put the King to death; 3d, conspiring and imagining to levy war against the King, in order to compel him to change his councils; and 4th, actually levying war against the King.

“Two of these offences, conspiring the deposition of the Monarch, and levying war against him, were declared to be treason, by a statute passed so long ago as the reign of Edward the Third. In the construction of that statute, it had been held, not only in many cases decided in this country, but also in the opinion delivered to us by various learned writers on this law, that all conspiracies and attempts to depose his Majesty, and all conspiracies to levy war against him, were treasonable, and must be considered as overt acts, proving an intention to take away his life; because, as historical experience showed, the death of a sovereign generally followed the loss of his kingly authority.

“But, in order to remove any mistake that persons might fall into on this subject, a statute was passed in the reign of his late Majesty, similar in substance, and nearly so in language, to statutes that had been enacted in former years, but which had expired. By that statute, the conspiring or compassing to depose the King, or to levy war against him, were declared to be substantive treasons. Some of the persons called before them on this occasion were represented, and truly represented, to have been accomplices in this traitorous design. This character did not, however, apply to all the witnesses who had been brought forward.

“Much observation had been made on the degree of credit that ought to be given to persons, who admitted that they had joined in the design. On this point he should only say, that, according to the law of this country, and, he believed, of every other country, accomplices were considered competent witnesses; but the credit that should be given to them was matter of consideration. The evidence of an accomplice was to be weighed, with reference to the probability of the story he told, the confirmation of it, so far as it was capable of confirmation, and the absence of that contradiction which might be adduced, if the story were false.

“There was, however, no rule of law which said, that the testimony of an accomplice ought to be credited; neither was there any rule of law which declared that it must be rejected. To declare the latter would be to open the door, and give the greatest latitude and impunity to crime. For, as had been said by the learned counsel for the prosecution, if such a doctrine were acted on, bad men would feel that they might proceed in their base designs with perfect security, and they would trust each other without reserve; whereas bad men now distrusted each other. They were afraid of detection; and that distrust prevented the commission of many offences which could not be perpetrated without the assistance of several persons.

“Having made these general observations, to direct their attention to the evidence, he would now, some hours having elapsed since the witnesses were heard, read to the Jury such parts of the testimony as were necessary for their consideration in coming to a decision. [Here his Lordship proceeded to recapitulate the evidence, briefly commenting on it as he went on.]

“The first witness was R. Adams, who undoubtedly stood in the situation of an accomplice. But, if the story he told were false, there were several persons mentioned by him, and they could have been brought forward to disprove his statement, and to discharge themselves of the crime imputed to them, if they were innocent, but whom the Crown could not compel to appear. This witness said, that the officers, when they entered the room in Cato-street, cried out, ‘Here’s a pretty nest of you; we have a warrant to take you all;’ and the officers swore they only called out, ‘We are officers—surrender.’ This difference was not material. The two expressions were nearly the same in import; and, in the scene of confusion which undoubtedly occurred on the entrance of the officers, it was very possible that a mistake might arise as to the exact expression used.

“That part of the evidence, in which Adams described his irresolution, gave, his Lordship observed, the exact picture of a man of weak mind, not knowing whether he should go on or recede—balancing whether he should remain true to his associates, or make a discovery—and who, when taken into custody, did come to the resolution to disclose all he knew. If his testimony were true in substance and general effect, it proved not only a determination to assassinate his Majesty’s Ministers, but shewed to them that that was only a part of a more extended and general plan, which embraced the seizure of arms, the taking possession of the Mansion-house, and the forming of a Provisional Government; a plan formed on some vain expectation, that, if the blow were ever struck, there were a great number of people in the metropolis who would readily join in the scheme, and levy war against his Majesty. Such an expectation was vain then, and he hoped would ever be found so when such treasonable attempts were made.

“This witness mentioned a man, named Edwards. Why he was not examined his Lordship could not say. Perhaps the prosecutors did not wish to call him for very good reasons. How far the Jury would disbelieve Adams on that account, it was for them to say. What he had remarked on the evidence of this witness, he was sorry to say, was considerably against the prisoner. As to the character of Adams, before this transaction, they knew nothing. No person had said any thing about it. Hyden was a witness of a very different description; for he, it appeared, disclosed all he knew, early enough to prevent the mischief that was meditated.

“John Monument, another accomplice, corroborated Adams. He stated that the prisoner said to him, ‘Great events are at hand; the people everywhere are anxious for a change.’ This observation shewed that the assassination of Ministers was not the sole and only object of the parties. The evidence of Thomas Dwyer, as far as it went, confirmed the testimony of those who were examined before him. If his statement were correct, the prisoner told him the general plan and object which he and his associates had in view. These were the four witnesses called to explain the designs of the accused parties. Two of them were accomplices; but, in general, none but accomplices could be acquainted with such foul and illegal designs. The two other witnesses did not stand in the same situation. Communications were made to them, on the subject of the conspiracy, it appeared, with little reserve;—a circumstance of which the Jury were to judge.

“A great many other persons had been called, chiefly for the purpose of confirming the testimony given by these witnesses; for, if they had spoken to truth, without farther evidence to the facts, treason was undoubtedly proved. They proved the intention to levy war, to form a Provisional Government, and, of course, to change the Government as by law established. Eliza Walker proved that the prisoner Brunt had hired a lodging for Ings in the house where he resided; and Joseph Hale, Brunt’s apprentice, deposed to the meetings that were held from time to time in Brunt’s room. He proved that meetings were held there every evening, and that grenades, fire-balls, and pikes, were on the premises.

“Thomas Sharp, a watchman, deposed, that he saw four suspicious persons, on the 22d of February, watching about Lord Harrowby’s house. Morrison, a cutler, proved that Ings brought him two swords to sharpen, and a sword found at Cato-street appeared to be one of them. Alderson, a pawnbroker, deposed, that, on the 23d of February, Davidson took a blunderbuss out of pawn. Thomas Monument, the brother of John confirmed his testimony in several points. This was the evidence confirmatory of the testimony of the first four witnesses. Many of the facts stated by Adams were spoken to by them; but the treasonable purpose could not be well proved, except by accomplices. Information on that point could scarcely be expected from a pure source. Hyden was a witness of that description; but Dwyer, to a certain degree, was not.

“The prosecutors then called persons to prove what occurred at the stable in Cato-street; and Captain Fitzclarence, and several Bow-street officers, gave a detailed account of the transactions there. It did not appear to him necessary that he should go, in detail, through the testimony of these witnesses. It was not necessary to inquire by what particular hand a gun or a pistol was fired; but it was material to observe, that, when the officers did come, many at least of the persons present made a most desperate resistance. A knife, said to belong to Ings, was found on the premises; and two bags and a case-knife were found on his person. The bags were important; because it was sworn that he stated the purpose for which he brought them. It was argued by the Counsel for the defendant, that they were meant for the reception of plunder, and not for the horrible purpose that had been stated; but this did not invalidate the testimony of Adams, because Ings might not have wished to declare that he meant to put plate in the bags; and, if so he might have said, what he was sworn to have uttered, as a reason for carrying them. This closed the evidence for the Crown.

“On the part of the prisoners, Mary Baker was called, who, the Jury would recollect, was not cross-examined. This arose from a commendable delicacy, on account of the near relationship in which she stood to one of the prisoners. The Jury would say, whether her evidence went at all to shake the case. Indeed, it appeared from her statement, that she had seen at Tidd’s lodgings instruments similar to those produced in Court. A man named Hucklestone was then called, to prove that Dwyer was not to be believed on his oath; and he stated, that he thought he was not worthy of belief, because Dwyer had informed him that he procured money by base accusations. This however, was entirely contradicted by Dwyer; and it was for the Jury to say which of the two witnesses was entitled to their credit.

“The Jury would also consider the character and bearing of the evidence of Doane and Mitchell, with respect to the paragraph in The New Times, announcing a cabinet dinner at Lord Harrowby’s, which, according to Whittaker, was not on the same day in any other newspaper in London. It was, however, a matter of no consequence how it found its way into the paper, since it was proved that cabinet dinner was intended to be given on the 23d of February. This was the whole of the evidence on each side. No witness was called to impeach the veracity of Adams, Hyden, and Monument. And if they gave credit to any one of those persons, (even to Hyden, who supported what the others told them, and whose account, though more concise than theirs, was the same in effect), they must find a verdict against the prisoner.

“Besides the testimony of the witnesses, they had seen on the table a considerable quantity of arms, which were proved to have been found in Cato-street, and at the lodgings of one of the prisoners. It was almost conceded, that a conspiracy was entered into for the purpose of assassinating his Majesty’s Ministers at Lord Harrowby’s house. Indeed there could be little doubt of it.

“If then it were admitted that this most wicked scheme was entertained, it was for them to consider whether it could reasonably be supposed that that was all which was intended? They were to consider, what was the probability that those persons, unconnected in any respect with each other, except so far as this plan brought them together—and certainly quite unconnected with the persons who conducted the affairs of his Majesty’s Government—did not view that assassination as part of a scheme, having for its object a general and tumultuous rising of the people, to levy war against the King; or whether they conspired to effect that assassination alone?

“Whether they adopted this plan to satisfy their thirst for blood, or to accomplish that ulterior scheme to which the witnesses had spoken? In deciding this question, it was fit that the Jury should attend to the great quantity, as well as the nature of the instruments produced. They certainly were far more in number than could have been wanted, or used in the abominable attempt that was to be made at Lord Harrowby’s. Some of them could not have been used there at all. The hand-grenades might have been thrown, but the fire-balls could not have been used for the purpose which they meant to effect at that house. When those dangerous articles were found, some at one place and some at another, it was for the Jury to take the circumstance into their serious consideration.

“If, on a view of the whole case, they, as just and conscientious men, felt satisfied that a conspiracy to levy war was made out in proof before them, if their minds were freed from all doubt on the subject, they would, he was convinced, discharge the painful duty that devolved on them with proper firmness. But if, after a due examination of all the circumstances, and after attending to the observations of the very eloquent counsel, who had addressed them on the part of the prisoner, first and last, their minds were not satisfied that the case was proved, they would discharge the more pleasant duty of acquitting the prisoner. The case was now in their hands; and he doubted not but their verdict would be consonant with the principles of justice.”

The Jury then retired; but, in a few minutes returned into court, and requested his lordship to read to them the Act of the 36th of Geo. III.

Lord Chief-Justice Abbot said, he meant to hand it to them; but he would, in the first place, state, that, by the terms of the statute, it was to continue in force during the life of his late Majesty, and till the end of the next session of Parliament: therefore the Act had not expired when the alleged conspiracy was discovered. But, if it ever had expired, it would have been of no consequence, since, by a late Act of Parliament, the statute of the 36th of Geo. III. was made perpetual. His lordship then read the Act, and particularly pointed out the clause which made it treason—“to compass, imagine, invent, devise, or intend to deprive or depose the King from the style, honour, and kingly name of the imperial crown of this realm; or to levy war against him within this realm, in order to compel him to change his councils.” His lordship observed, that it seemed to be admitted by the Counsel on both sides, that if the project stated on the part of the prosecution were proved, it fell within the meaning of this Act; for, if a Provisional Government were formed, the royal style must of necessity cease. To levy war did not require soldiers drawn up in military array. It was sufficient if a number of people met to do some public act, in which they had no private interest, but which affected the country at large. Devising to force the King to change his measures was always considered a levying of war, under the old statute of Edward III.

The Jury again retired, and, in about a quarter of an hour, returned with a verdict of—GUILTY, ON THE THIRD and FOURTH COUNTS OF THE INDICTMENT. That is to say, on those counts which charged the prisoner with conspiring to levy war, and with the actual levying of war against the King.

The verdict, which was in some measure anticipated, was received by the Court in perfect silence; and the wretched man was taken from the bar, surrounded by several officers.

Throughout the trial he had maintained the greatest composure, but during the absence of the Jury he seemed poignantly to feel the melancholy situation in which he was placed. The candid avowal, however, of his Counsel, as to his ultimate fate upon the indictments for murder, had left him no hope of escape of an ignominious death.

When taken back to the cell, he seemed to be absorbed in the melancholy contemplation of his approaching fate, which he of course felt was irrevocably sealed. He scarcely uttered a single word to those by whom he was accompanied, but threw himself into a chair, and appeared to be entirely abstracted from all about him. He partook of some refreshment, but was unable to recover his spirits.

In the course of the evening he asked for a glass of wine, which Mr. Brown instantly sent to him.

It appeared that up to the last moment, Thistlewood confidently anticipated an acquittal, as indeed did many persons of respectability who were in Court. The speech of Mr. Adolphus had a powerful effect upon his auditors; but the reply of the Solicitor-General at once dissipated the momentary impression which he had made.

It was observed that a number of persons were collected in the neighbourhood of the Sessions-house, who were known to have been constant attendants at the Smithfield, Spa-fields, and Finsbury Meetings. Some of these intimated an intention to give three cheers if the verdict was such as they expected; but upon the real verdict being announced, they departed with strong manifestations of disappointment.

At the termination of Thistlewood’s trial, the Court was adjourned till the following Friday, the 21st of April.

---