As soon as I had tied the prisoners I went to Smithers; he was lying on his face. I turned him up, and I believe he breathed faintly. I afterwards found a pistol, a bayonet, a quantity of ball cartridges, and several bullets. Many other weapons were found by the officers.
I am most positive of the identity of Thistlewood. I feel no hesitation on the subject.
[Here the witness handed some of the bullets which he had taken to the Jury.]
Witness continued.—I was entering the centre of the room when Smithers passed me. I had my eyes fixed on Thistlewood, when he was brandishing his sword. I am able to recognize him, though I could not recognise any of the others. I saw him for eight or ten seconds, but I cannot speak to his dress: it was a dark dress, but I cannot speak to it distinctly. I heard yesterday, that Thistlewood was the person who struck the blow, but that did not affect my opinion. I would have sworn to him, if it had not been mentioned. There were several persons wounded. An officer named Biggs was wounded. The place where the business occurred is not ten yards from this. It is the first stable down the yard, and is, I think, on the north side of the street. When I fell down the ladder, I fell on some of the officers who were coming up. I should have been shot if I had not so fallen. There were several shots fired in the stable. I had a cutlass by my side, but could not use it. The flashes were numerous below, but I could not see who or what they were who fired. In the confusion Davidson escaped, but I afterwards took him. When I came back there were several persons in custody. There were many shots fired from the window.
We officers carry cutlasses, but they could be of no use against the length of the swords which the party made use of.
I cannot state the specific words of the warrant. It was given to me in the street by Mr. Birnie, and has been placed in the hands of Mr. Baker, the magistrate.
The Coroner inquired of Pyall, the beadle, whether he had the warrant in his possession, and was answered in the negative.
The Witness.—The warrant was in my possession; it authorized us to apprehend Arthur Thistlewood and thirteen other persons named in it, for unlawfully assembling together, but for what specific purpose I cannot say, and to bring them before the sitting magistrate, to be dealt with according to law.
Pyall, the beadle, was despatched to Mr. Baker for the warrant, and the deposition of Ellis having been read over to him, he signed it.
William Westcott next underwent an examination to the following effect:—I live at No. 10, Simmons-street, Sloane-square, Westminster, and am one of the assistant patrol of Bow-street.—On Wednesday night last, I was sent to the stable in Cato-street, by order of Mr. Birnie. I accompanied Ruthven, Ellis, Smithers, and others to the spot. Ruthven went first, and I followed Smithers. I was behind him in the stable. The moment Ruthven, Ellis, and Smithers had gone up the ladder leading to the loft, I seized a man in the stable below dressed like a butcher. His name I believe was Ings.—When I entered, he rushed out against me: and finding resistance, put his hand to his belt, as if to pull something out of it. I immediately knocked him down by hitting him on the right eye. He was dressed in a long coat beneath his jacket, and had an apron over the whole. This happened before the first pistol was fired, and I was in the act of handcuffing him when I heard a fresh pistol fired in the loft. I had not quite succeeded before Thistlewood came down the ladder, and as he was upon the steps fired a pistol; whether levelled at me or not I cannot say. Seeing me so busily engaged in securing the butcher, he levelled another shot at my head, and at the same time made several cuts at me with a sabre. The pistol went off, and the shot penetrated my hat. I knocked him down with the stick I had in my hand, but he rose and succeeded in making his escape. While I was engaged with Thistlewood, Ings contrived to make his escape also; when Thistlewood was gone, I found that I was wounded in the hand, and that some shot had gone through the flap of my coat. In the mean time both Thistlewood and Ings succeeded in getting away. I pursued Thistlewood, but in vain, and after having followed him through several streets, I returned to the stable. I then went into the loft, and saw the deceased lying dead on the floor. There were several persons present, and the prisoners had been subdued.