“From the circumstances to which he had called their attention, he would leave the Jury to judge how far the charge of levying war, or conspiring to levy war against the King had been made out. In a former instance, if he recollected right, the same charges were brought forward on a former trial that were now preferred, and in that case there were stronger circumstances—great bodies of persons had assembled, gunsmiths’ shops had been broken open, and arms had been stolen from them; yet in that case the Jury, not denying the existence of any guilt whatever, had rightly determined, as he thought, and as he hoped the present Jury would do, that the party accused was not guilty of high treason.
“He then shewed, that to endeavour to remove the ministers from their situations was not a crime; and he argued, that to attempt removing them by force was not high treason.
“He trusted the Jury would believe that he contemplated the plot to assassinate ministers with all the horror and indignation that such a design was calculated to inspire; but he could not sacrifice his duty to his feelings, and he hoped that they would feel as he did, and feel how necessary it was for the safety of other lives, that those who were concerned in it should not for that offence be convicted of high treason. It was most consoling to him to reflect, that he should be followed by his learned friend, who would address them with much more eloquence than he could command.
“He concluded by calling on them, whatever their feelings might be, to look at all the circumstances of the case, and see if they could find it proved by good, or even by bad witnesses, that there had been a levying of war. If they did find this, he could not expect a verdict; but if they found, as he thought they must, that there had been no levying of war, they must return a verdict of “Not Guilty.”
EVIDENCE FOR THE DEFENCE.
Thomas Chambers examined: I live in Heathcock-court, Strand. I have seen a man of the name of Adams in company with a man named Edwards, about a week before the Cato-street business took place, in my room. They came together. They made a proposition to assassinate his Majesty’s ministers. Adams and Edwards asked me to go with them. I refused. Adams said, “They were going to kill his Majesty’s ministers, and that they would have blood and wine for supper.” They came again on the Monday night before the Cato-street business took place. They brought with them a large bag.
Cross-examined by Mr. Gurney: I am a bootmaker; I might have seen Ings. I am not certain. I cannot say how long I have known him. I don’t suppose I have been in his company above twice or three times. The first time was at a place where they sold the Black Dwarf and the Medusa, kept by a man of the name of Watling. I cannot state where else I have seen him. I know a house called the Scotch Arms, in Round-court, in the Strand. I have been there three times, but did not see him. Those times were before Christmas. There was no chair there. There was no person sitting in a chair. There was no chairman. It was in no other room but the tap-room.
I have been at the Black Dog, in Gray’s-Inn-lane, once; there was no chair there; there might be about seven persons there; it was on a Sunday night; I cannot say whether before or after Christmas; I was invited there by a man of the name of Bryant, who was going to the Cape of Good Hope. They were all strangers to me except one, and that was Mr. Thistlewood; I know Brunt very well, he was not there; I don’t think I know Palin; I will not swear I did not see him; I was at all the meetings in Smithfield; I cannot state who carried the black flag; I carried no flag at the last meeting; I before carried two flags—one had inscribed on it “The Manchester Massacre;” I never saw such a flag as “Let us die like freemen, and not be sold like slaves.” I carried the flag inscribed “Trial by Jury,” at Mr. Hunt’s entry into London. I know Davidson. I have not much knowledge of Tidd. I know Wilson. I know Harrison very well. I have not much knowledge of Strange nor Cooper.
I have known Mr. Hunt ever since his triumphal entry into London. I was shocked at the proposition of going to murder his Majesty’s ministers, at least so much that I did not go. Though Bow-street was so near, I did not go there to give information of the plot.
Mary Barker spoke to Edwards’s bringing grenades to Tidd’s, her father’s. There was one very large ball brought away by Adams.