TRIALS
FOR
HIGH TREASON.
SESSIONS HOUSE, OLD BAILEY, SATURDAY,
APRIL 15, 1820.
This being the day to which the Court had been adjourned for arraigning and receiving the pleas of the eleven prisoners, against whom Bills of Indictment for High Treason had been found, the proceedings commenced. At ten o’clock precisely, the Commissioners entered the Court, preceded by Mr. Sheriff Rothwell; they were, the Lord Chief-Justice Abbott, the Lord Chief-Justice Dallas, the Chief Baron Richards, and Mr. Justice Richardson. The Common Sergeant, who is also in the commission, was likewise present; and Sir William Leighton, Sir R. Carr Glynn, Mr. Alderman Christopher Smith, &c.
The Lord Chief-Justice Abbott, after the Commissioners were all seated, rose, and presented to Mr. Shelton the indictments which had been found under the Special Commission, for the purpose of having them tried under the General Session of Oyer and Terminer, and Gaol Delivery, then holden in that Court.
Mr. Shelton, on receiving them, immediately gave directions to Mr. Brown, the gaoler, to bring up his prisoners.
The prisoners were then brought into court, each man accompanied by a constable, and placed at the back part of the dock.
Arthur Thistlewood entered first; he looked pale and dejected. He was dressed in a black coat and velvet collar, light-coloured waistcoat, blue trowsers, and shoes. None of the prisoners were either handcuffed or bolted. The other men were decently clad, according to their means, and appeared cleanly and healthful. The whole being assembled,
Mr. Clarke, the deputy clerk of the arraigns, proceeded to call over their names from the back of the bill found for high treason, preparatory to
THE ARRAIGNMENT.
Arthur Thistlewood first came forward, and was desired to hold up his hand. Having complied with this direction, he was placed at the bar. William Davidson (the man of colour), James Ings, John Thomas Brunt, and Richard Tidd, were then called, and went through the same ceremony.
Upon coming to the name of James William Wilson, Wilson, who remained with the other prisoners, did not answer. The name was twice repeated, but still he took no notice. One of the turnkeys then addressed him personally, and said, “Come forward, Wilson,” to which he replied, “That is not my name.”
Mr. Curwood now stated to the Court, that he was Counsel for some of the prisoners, and that it was intended to put in a plea of misnomer as to this man.
The Lord Chief Justice.—That must be done when the indictment is read, and when the prisoner is called on to plead.
The remaining prisoners, John Harrison, Richard Bradburn, and John Shaw Strange, James Gilchrist, and Charles Cooper, were then called, and severally came to the bar, and held up their hands.
The Lord Chief Justice Abbott.—“Prisoners, attend while the indictment is read;” and then, addressing himself to Mr. Clarke, “Let their names be called over again.”
Their names were accordingly called over; and Mr. Clarke proceeded to read the indictment for high treason, for which see page 90.
On coming to the second count,
Mr. Curwood submitted, that as the overt acts in this count were similar to those in the first count, it was scarcely necessary to give the officer of the court the trouble of reading, or the court the fatigue of listening to it.
The Lord Chief Justice Abbott.—You think it may be dispensed with: very well, This may the more readily be acquiesced in, as all the prisoners have been furnished with copies of the indictment. Unless the prisoners themselves desire it, therefore, this count need not be read. His Lordship then addressed himself to the prisoners, and asked them whether they wished any more of this count to be read? He added, that their counsel thought it unnecessary.
Ings.—I do not think it is necessary.
The other prisoners all acquiesced in this determination.
The succeeding counts were then read, when Mr. Clarke addressed himself to Arthur Thistlewood, and asked him, whether he was guilty or not guilty of the treasons and felonies whereof he stood charged?
Thistlewood.—Not guilty.
Mr. Clarke.—How will you be tried?
Thistlewood.—By God and my country.
The same question, which is the usual form in arraignments, was then put to Davidson, who also pleaded Not Guilty, and agreed to be tried in the same way.
Ings, in a firm tone of voice, said, “I am not guilty. I will be tried by God and by the laws of reason. The laws of reason are the laws of God.”
The Lord Chief Justice.—Instruct him to plead in the usual way.
Mr. Brown having spoken to the prisoner, he agreed to the ordinary terms of the plea, and said he would be tried by God and his country.
John Thomas Brunt and Richard Tidd followed the example of Thistlewood and Davidson.
Mr. Clarke next called the name of “James William Wilson.”
Wilson came forward, and repeated his declaration, that that was not his name.
The Lord Chief Justice Abbott.—What is your name?
Wilson.—My name is James Wilson.
Mr. Curwood.—We mean to plead in abatement that this man has been indicted by a wrong name.
The Lord Chief Justice Abbott.—Is your plea prepared?
Mr. Curwood.—Yes, my Lord.
The Lord Chief Justice Abbott.—Let it be sworn.
The plea was then handed to Wilson, and he was sworn, in the customary form, to answer all such questions as the Court should demand of him.
The Lord Chief Justice.—Have you read the contents of that plea, and the form of affidavit subjoined; and is it true in matter and in substance?
Wilson.—I have, my Lord; I have signed it; it is true.
The Lord Chief Justice.—You swear the contents of your affidavit are true?
Wilson.—Yes.
The Lord Chief Justice.—Let the plea be received.
The plea was handed accordingly to Mr. Shelton.
The Lord Chief Justice.—The plea is received by the Court. It is for the Attorney General to consider what he proposes to do with it. For the present, take that man back.
The prisoner stood back. Harrison, Bradburn, Strange, Gilchrist, and Cooper, then pleaded Not Guilty, and pursued the course adopted by the other prisoners.
Thistlewood, Brunt, Tidd, Wilson, Harrison, and Strange, were then arraigned on a second indictment, charging them, in various counts, with the wilful murder of Richard Smithers, in the parish of Marylebone, in the county of Middlesex, on the 23d of February last.
They all pleaded Not Guilty, with the exception of Wilson, who again pleaded the misnomer, and a plea was ordered to be prepared accordingly.
Ings now attracted the attention of the Court, and said, “I wish to speak, if I am permitted. I wish to know whether we are going to be tried altogether or separately? My wish is to be tried separately. I think I shall be able to prove that I am innocent of the charges alleged against me.”
The Lord Chief Justice.—It is probable your request may be attended to; but this is not the proper time for making it. We will hear that presently.
The whole of the eleven prisoners were next arraigned on a third indictment, which was founded on the coroner’s inquisition, by which they were all, together with certain other persons to the jurors unknown, pronounced guilty of the wilful murder of Richard Smithers. In this indictment the name of Wilson was correctly set forth: he, therefore, together with the other prisoners, pleaded Not Guilty.
Arthur Thistlewood was then arraigned separately on an indictment, charging him with shooting at, with intent to kill, or do some grievous bodily harm to, William Westcott, one of the Bow-street patrol engaged in arresting the conspirators in Cato-street. He pleaded Not Guilty, as did
James Ings and Richard Tidd to similar indictments preferred against the latter, for shooting at, with intent to kill, William Legg, serjeant in the Coldstream Guards; and the former for shooting at William Charles Brooks, one of the Bow-street patrol.
To each of these indictments a count was added, alleging the intent to be to obstruct certain officers of the peace in apprehending them while in the pursuit of illegal objects, and conspiring to murder and assassinate certain liege subjects of our Lord the King.
James Wilson was put to the bar to plead to an indictment against him for shooting at John Muddock, one of the soldiers engaged in Cato-street; but, being again described as James William Wilson, he pleaded his misnomer once more, and a plea was ordered to be prepared accordingly.
The whole of the indictments having been gone through,
The Attorney-General addressed the Commissioners, and said, that as he understood it was the wish of the prisoners to separate their challenges, he begged that the prisoners might be apprized that Arthur Thistlewood would be tried alone upon the indictment for high-treason on Monday morning.
The Lord Chief Justice desired that the prisoners might be asked, whether it was their wish to challenge separately?
The prisoners all expressed their wish to that effect.
Mr. Shelton then addressed Thistlewood, and informed him that he would be put upon his trial for high-treason on Monday morning, at nine o’clock.
The prisoners were then all taken from the bar, with the exception of Wilson, who remained to make affidavits to the pleas which he had tendered.
The Attorney General then adverted to the necessity of assigning Council to the prisoners under the terms of the statute.
The Lord Chief Justice desired that the names of the Council selected by the prisoners might be stated to the Court.
Mr. Harmer immediately announced, that Mr. Adolphus and Mr. Curwood were to be the Counsel for the first six prisoners, including Arthur Thistlewood; and that Mr. Walford and Mr. Broderick would conduct the defence of the remaining five.
The Lord Chief Justice directed that the Council named should be assigned accordingly.
The additional pleas of Wilson were then brought into court by Mr. Harmer, and the prisoner was sworn to their contents.
The Lord Chief Justice.—Let the pleas be received. His Lordship subsequently announced, that the Attorney-General had filed his replication to the pleas in question.
Wilson was then taken back to Newgate, and the whole of the prisoners were re-conducted to their respective places of confinement. Thistlewood shook hands most cordially with some of his companions, whom he had not previously seen since his commitment.