For the better and more effectual trial of the prisoners, a special commission was issued, by virtue of which they were arraigned, on indictments which had been found against them, on the 7th February, 1803.
The first case gone into was that of Despard, and the indictment having been read, the case for the prosecution was opened by the attorney-general; and he stated that the prisoners had formed a society, the object of which was to overturn the government. His Majesty having intended to meet his Parliament a week earlier than he actually did, namely, on the 16th January instead of on the 23rd, the society proposed on that day to carry out their plan, which was in the first instance to lay a restraint upon the King’s person, and to destroy him. They frequently attempted to seduce soldiers into their club, and on any of them being persuaded to join them, they administered false oaths to them, and gave them copies of the oath, in order that they might endeavour to make proselytes in their turn. Among others thus gained over was one Windsor, but soon after he had joined he became dissatisfied, and gave information of the conspiracy to a Mr. Bonus, to whom he showed a copy of the oath, but by the advice of that gentleman, he remained a member of the society with the design of learning whether there were any persons of note among its members. On the Friday before the intended assassination of the King, a meeting was held, at which Broughton, the prisoner, prevailed upon two of the associates to go to the Flying Horse, Newington, where they would meet with a “nice man,” and it turned out that the person so described was Colonel Despard.
The witnesses were then examined; and after proof of the apprehension of the prisoners, as described already, had been given, and the printed papers which had been found, and which contained the form of the oath, &c., had been read, Thomas Windsor, the chief witness, was called.
He deposed as to the manner in which he took the oath, the effect of which was to bind him to support the views of the society in opposition to the King and his Government, and then proceeded to detail the plan which was proposed to be put into execution. Despard was the leader and director of the whole proceedings; and he recommended that the proposed attack should be made on that day when his Majesty went to open Parliament. The object was to seize the person of the King; and Despard declared that “he had weighed the matter well, and that his heart was callous, and the King must be put to death.” When the murder of his Majesty had been effected, the mail-coaches were to be stopped, so as to convey information to the agents of the plotters in the country of what had occurred; and then a simultaneous rising was to take place. The witness was to be engaged as an active party in the proceedings of the conspirators, and he was desired by the prisoner to meet him on Tower-hill, with some comrades, who were desirous of joining the society, to consider the best mode of surprising the Tower and securing the arms. Accompanied by the prisoner Wood therefore, and two other men, he went to the Tiger public-house, Tower-hill, where Despard soon joined them. The determination to destroy the reigning monarch was then again mentioned by Despard; and after a long discussion, it was agreed that Wood, whose turn it would be to stand sentry in the Park, near the great gun, should fire into the King’s carriage. Before this diabolical design, however, could be carried into execution, the parties to the plot were apprehended.
Mr. Serjeant Best and Mr. Gurney, who were retained as counsel for Despard, severally addressed the jury on his behalf, contending that the testimony of Windsor was of such a character as to be entitled to no belief; and they then called Lord Nelson, Sir A. Clarke, and Sir E. Nepean, all of whom bore testimony to the character of the prisoner as a zealous and gallant officer. Lord Ellenborough, however, having summed up the evidence, the jury returned a verdict of Guilty, but earnestly recommended the prisoner to mercy, on account of his previous good character, and the services he had rendered to his country.
The other prisoners were subsequently tried, and twelve of them convicted upon the same evidence, three of whom were recommended to mercy.
On the prisoners being brought up to receive judgment, Colonel Despard, who had hitherto invariably preserved a strict silence, declared his innocence of the charge imputed to him of seducing the soldiers, and urged that the jury ought not to have convicted him upon such evidence as had been adduced.
The sentence was then pronounced upon them as traitors in the usual form; and on Saturday the 19th of February, information was received that the warrant of execution, authorising their being hanged on the Monday following, was made out, a portion of their sentence, namely, the taking out and burning of the bowels, being remitted. It was sent to the keeper of the New Gaol in the Borough, at six o’clock on Saturday evening, and included the names already given, three other prisoners, named Newman, Tyndal and Lander, being respited. As soon as the warrant for execution was received, it was communicated to the unhappy persons by the keeper of the prison; when Colonel Despard observed that the time was short, yet he had not had, from the first, any strong expectation that the recommendation of the jury would be effectual. The mediation of Lord Nelson, and a petition to the crown, were tried; but Colonel Despard was convinced, according to report, that they would be unavailing. Mrs. Despard, who was a native of the Bay of Honduras, was greatly affected when she first heard his fate was sealed; but she afterwards recovered her fortitude, and bore up with great firmness at parting with her husband.
The other prisoners bore their doom with equal fortitude, but conducted themselves with less solemnity than the colonel. Their wives were allowed to take a farewell of them on the same day, and the scene was truly distressing.
At day-light on Sunday morning, the drop, scaffold, and gallows, on which they were to be executed, were erected on the top of the gaol. All the Bow-street patrol, and many other peace-officers, were on duty all day and night; and a large body of the military was drawn up close to it.