Mr. Fisher, the surgeon, was sworn, and deposed as follows:—I am surgeon to the Police establishment in Bow-street. I was called upon for the first time, this day, to examine the body of the deceased. I found an external wound under the right breast. It was two inches in length, and half an inch broad. I opened the body to ascertain the depth and direction of the wound, and I discovered that some sharp instrument had penetrated between the fifth and sixth ribs, wounded the outward surface of the right lobe of the liver, passed through the diaphragm into the chest, lacerated the pericardium, penetrated the right ventricle of the heart, wounded the left lobe of the lungs, and struck against the ribs on the left side. The wound I supposed to be about twelve inches in length. The blood flowed from the heart, and occasioned immediate death. The opening in the pericardium was larger than that presented by the external wound, which was always the case with wounds of this description. The weapon was prevented from passing entirely through the body by the ribs on the left side. It must have been a very sharp instrument, both pointed and cutting, to make such a wound. The membranes, which were cut asunder, could only have been severed by an exceedingly sharp instrument. That death was inevitable after such a wound, the heart having been cut open, and the blood effused into the cavity of the chest.
George Thomas Ruthven being sworn, said, I am an officer belonging to the public-office in Bow-street. On Wednesday evening last, at half-past eight o’clock, I was in this house. I received an order from Mr. Birnie, who is a Justice of the Peace for the county of Middlesex, to go to a shed or stable in Cato-street, in consequence of a number of men being assembled there for treasonable purposes. There was a warrant issued by Mr. Baker, a magistrate of Marlborough-street. On entering the house, I observed in the lower place a man with a cutlass at his side, and a musket on his shoulder. The door by which I entered from the street was not fast; there were persons going in and out; the man with the musket seemed as if he was guarding the staircase; there was only one man on guard. Ellis, Smithers, the deceased, and several others, went in with me. I don’t know how they came in. They were of course ordered. They were all constables, in number about a dozen. I was the first person that entered. Mr. Birnie, the magistrate, was not there at that time; he was at hand in the street, giving orders. The man who stood at the door as sentinel was walking about. I did not stop to see what he did particularly, but immediately called out to some of the party who followed to secure him. I am not aware that they did secure him, for I immediately went up the stairs. I believe that man was taken; but I am not aware that he was apprehended then; I believe he was caught afterwards. I ascended by a sort of step-ladder staircase. The stairs were so narrow, that the officers were obliged to go one by one. When I got up to the top of the ladder, I observed a sort of table or carpenter’s bench, and a number of arms on it. Thistlewood was on the right-hand side of the table. I know Thistlewood very well. I have followed him for days and nights together. I think about twenty-four or twenty-five persons were assembled. There were different sorts of arms on the table: a variety of pistols and swords. They looked as if they were sorted out. They were handing about as if they were giving or distributing them to each other. Arthur Thistlewood was one. I am quite certain that he was present: I have followed him for days together. He stood by the side of the table handing arms about. He had on a sort of a long brown coat, I think. I knew him as well as I knew my father; quite as well. I could not be mistaken. I have no doubt whatever as to the identity of Thistlewood. As soon as I thought that three or four of the party were up, I said aloud, “We are officers, seize their arms.” I did this to warn the people who we were. As soon as I said this, they each took up what they could from the table, and retired to the farther part of the room. Thistlewood, being near a door that leads into a little closet over the coach-house, retired into that room. He was not further from the door of the little room than I am from that gentleman who is writing there (pointing to a gentleman who sat writing within about four feet of witness). There were others in that little room; how they got in there I cannot tell. I suppose there were five or six, or four or five persons in it. The whole party appeared at that time to be armed. Thistlewood, as he retired, had a sword in his hand, which he moved in a menacing way to keep the officers off. He was not striking with it, but moving his arm round as if to make a stab. The sword appeared bright. As we approached, he retired; and Smithers, who was within a pace of me to the right, stepped forward with his staff. Thistlewood immediately stabbed him, and he fell on me. A pistol was then fired; I know not by whom. I saw the swords of the party directed against the candles, which were immediately put out. Thistlewood stabbed the deceased in the right side as he approached. He did not come out of the little room to do it. He was within the little room, and thrust forward his arm to strike the blow. I saw the sword he carried; it was bright, and glittered. I did not see the hilt. It was a long blade, three feet and a half or four feet long. It appeared straight; but he waved it in such a way, that my eyes might have deceived me as to its shape.
When Smithers fell, he fell upon me, being stabbed on the right side, and I standing a little to his left. I could not at the moment tell whether he appeared to be much injured. In falling, he said, “Oh, Lord! Oh, my God! I am done!” I believe these were his words, or something of that sort.
I don’t know whether Thistlewood drew the weapon out of his body; for instantaneously a pistol was fired, and the lights were put out. I have been enabled to recognise three of the persons who were in the room, besides Thistlewood, I think, since. They are Shaw Strange; he has another name; a man named Blackburn, and James Wilson. There was another man who stood at the door, and fired at a sergeant; his name is Tidd: I don’t know his christian name. The sergeant at whom he fired is present. Tidd first attempted to fire a pistol at Captain Fitzclarence. I seized his arm, and he pulled me down on him. I called on the sergeant to take the pistol from him, and he fired at the sergeant and tore his clothes. I am sure that Blackburn, Wilson, Shaw Strange, and Tidd, were present. There were also two other persons taken, who had been in this house (the Horse and Groom) in the course of the evening. I did not recognise them in the room; but I know they were apprehended, and, I believe, admitted that they had been there. They left a stick behind them in the Horse and Groom; the end of it was evidently cut for the purpose of holding a weapon.
It was like a broom-stick, with a hole cut in the top. The persons that I allude to have admitted that they were in the room at the time the officers entered; but I do not know it. One of them was taken by Captain Fitzclarence; I have seen him here before. These two persons came in to drink a pint of porter, and left the stick behind them in a mistake. One of them came back, and asked for a little walking-stick. The boy, who thought it a queer sort of a stick, had taken it up-stairs, but returned it to the person who called for it. That stick was at the public-office. These persons called at the Horse and Groom an hour before the officers proceeded to the loft. Nothing took place before the party fired, except my exclaiming, “We are officers—take their arms.” When Smithers fell, a pistol was fired, and the lights were put out. I cannot say by whom the pistol was fired. The moment Smithers fell, somebody in the room where Thistlewood was, cried out—“Kill the b——rs; throw them down stairs!” I also cried, “Aye, kill them,” that they might mistake me for a friend. There were nine persons taken that night. I was not present at the apprehension of all of them. While I was securing two of them the rest were brought in. After I had secured Tidd, Wilson, and Blackburn, I proceeded to secure the others; they were then conveyed to Bow-street, and afterwards to the House of Correction.
Several of the party escaped; nine only being taken, and the number in the room appearing to me to be about twenty-five.
When the prisoners were secured by the soldiers, I went up into the loft, and saw Smithers lying on his face; this was twenty minutes or half an hour after the entrance had been made. There were hand-grenades and arms lying about the room. I had no time before to pay attention to Smithers. A man below stairs endeavoured to escape from the door; he had a pistol in his hand. I called out, “Secure that man!” When I did so, he lifted his arm, and attempted to fire the pistol at Captain Fitzclarence; I caught hold of him, and the sergeant coming up, I desired him to take the pistol. The man fired, and struck the sergeant’s coat with a bullet.
I believe only four of us got up. The party in the room fired directly at the staircase, thinking we were coming up in numbers. If they had not done so, they would have killed me, for I stood at one side of it.
There was somebody below who I expected would take care of the sentinel; but, in the confusion, he was handed from one to another, and thus escaped for a few minutes. It was quite dark, and I could not see the party escaping. There were, I think, twenty shots fired at us. It appeared to me as if some shots were fired from the window into the street to create alarm. The whole civil power present on the occasion was not more than twelve or fourteen men. I do not know the man who was acting as sentinel; I believe his name is Davidson. He is a man of colour. I had not time to notice him particularly. I believe he was the man who was walking at the foot of the stairs, with a cutlass by his side, and a musket on his shoulder. I believe there was one light in the lower part of the building where he was. Some one, however, cried out, “They are up-stairs,” and we heard the clashing of arms. I cannot identify the man who was below stairs, I cannot swear to him. There was another officer shot on the left side of the head; he was dangerously wounded; his name is Surman. Another officer, of the name of Westcott, had two or three shots through his hat. One of the bullets struck him on the finger, but did not hurt him materially. I was not wounded at all. At the time I did not know friend from foe. Immediately when the party cried out, “Kill the b——s,” I also said, “Kill them,” in order to deceive them. I had a brace of pistols; one of them flashed in the pan. The lights being out, I was afterwards afraid to fire, lest I might kill one of my comrades. There was a latch to the door which led into the street, and I found no difficulty in getting in. I secured a considerable quantity of arms; amongst the rest there was a large grenade, and several hand-grenades. The large one consisted of a tin canister, with a plate at top, strengthened by several pieces of iron, and bound round with a quantity of tarred rope. I got eight of the hand-grenades; they were about the size of my doubled fist. I also found in the room two swords, and some ball-cartridges, which are in my possession.