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

THE DEFENCE.

Mr. Curwood addressed the Jury on behalf of the prisoner, and urged all those topics already detailed in his former speeches. He concluded by calling a witness of the name of John Bennett, who was accordingly sworn and put into the box, but before his examination commenced,

Mr. Gurney begged to ask the purpose for which this witness was called.

Mr. Curwood stated, that he was to contradict part of the testimony given by the witness Hyden, in his cross-examination.

Mr. Gurney observed, that he had a few observations to make regarding the relevancy of the evidence of this witness, and therefore desired that he might be ordered to withdraw for a few moments from Court.

The witness accordingly withdrew.

Mr. Gurney then observed, that he conceived that this witness was called to prove that Hyden had asked him to go with him to the shoemakers’-club, because something would be done there for the good of the country. Now Hyden refused to swear that he had not used such expressions; he said that he thought that he had not, but he could not positively tell. Supposing then that Bennett were to prove the words imputed by the learned Counsel to Hyden, he would not prove any thing which would invalidate Hyden’s testimony. He therefore hoped that his learned friend would not waste the time of the Court by calling this witness.

Mr. Curwood stated, that Hyden had sworn that he had never made use of the words imputed to him. He, therefore, intended to call evidence to prove that he had.

The Judges then referred to their notes, and after examination of them, said that Mr. Curwood was mistaken in his opinion as to Hyden’s words; they were to the effect stated by Mr. Gurney.