The Jury asked the witness whether Thistlewood was the first who came down the steps?—There was a complete rush, and I did not particularly observe whether he did or not. Did he come down before the officer Smithers fell?—I did not see the officer fall. You went with the whole body of the officers?—Yes, I did. There were only three officers, I understand, in the loft?—I believe no more. Where were the others?—They were upon the scout. Then I understand that after the three officers mentioned had gone up, Thistlewood came down, and prevented others from ascending the steps? Yes; and he fired down the steps to prevent the ascent of others.
Charles Moy.—I live at No. 11, London court, Mary-le-bone, and am a watchman. On Wednesday night, about half-past eight, I apprehended Ings, while Brooks was in pursuit of him. He fired at Brooks; but I cannot say what fire-arms he used, as he threw it down before I reached him. Brooks cried out, Stop thief! and I immediately apprehended him. The ball went through the coat and waistcoat of Brooks, and grazed the top of his shoulder. I took Ings down to Mary-le-bone watch-house, assisted by Brooks and another officer. I searched him, and found seven or eight bullets in his pockets, some gunpowder in a tin flasket, and a haversack. He had a kind of belt on each side for pistols.
Sergeant Legge, of the 2d battalion of Coldstream Guards, was next examined.—On Wednesday evening last I was called up about eight o’clock, and received orders to march to John-street, Edgware-road. I was then quartered in Portman-street barracks. A picket, usually employed on occasions when the military is required in aid of the civil power, was ordered out. It was commanded by Captain Fitzclarence. Upon arriving at John-street, we were unable to ascertain the spot whither we ought to proceed, and the captain advanced to ascertain what we were to do. When he returned, he ordered the picket to advance at double quick time. Upon reaching the stable in Cato-street, I observed a man standing with a pistol in his hand. He presented it at Captain Fitzclarence, and I knocked it aside with my pike. I then seized the muzzle-end of the pistol with my hand, and a scuffle ensued between the man and myself about the pistol. I kept firm hold of it till it went off, and the ball passing by my arm, tore the cloth off my sleeve. (Witness here exhibited the sleeve of his coat, which appeared to be very much torn.) In wrestling with the prisoner, I held my face down to the lock of the pistol, and as it went off the ball grazed my right eyebrow. As soon as the pistol was discharged, the prisoner let go his hold. I secured him, and delivered him over to the police. I believe the prisoner’s name is Tidd. After this skirmish I followed my officer and part of the picket up the steps into the loft. The greater part of the picket had reached the loft before I was disengaged from the prisoner. When I had reached the loft I discovered a table in the centre of it, nearly covered with pistols, blunderbusses, ammunition, and other arms of various descriptions. Three men had then surrendered; I think their names were Monument, Cooper, and Gilchrist. I do not recollect what police-officers were present at the time. Upon looking on the floor, I saw the deceased lying dead at my feet. His body was examined by the picket, and I perceived the wound on his right breast. I was ordered back to the barracks for a reinforcement, and when I returned, the whole of the prisoners taken that moment were collected into the loft. Upon the arrival of the reinforcement, the prisoners were conveyed to Bow-street.
Here one of the jury observed, that the inquest had proceeded far enough to ascertain the acts of Thistlewood. The Coroner replied, that those who were aiding and abetting in the murder were equally guilty as the principal; and it would be necessary to ascertain who they were, and what they did.
Here the examination was interrupted by the arrival of a messenger, with a letter from Mr. Baker, the magistrate, to the Coroner. It was read aloud, and was to the following effect:—
“I beg to inform you, that I granted a warrant on Wednesday the 23d instant, for the apprehension of Arthur Thistlewood, and several others, on a charge of felony, and that I afterwards received from Mr. Ellis an order to lay it before the Privy-Council on the examination of the prisoners when in custody. It has not yet been returned to me, nor do I think that I shall be able to obtain it at the present moment. Perhaps it would be better to adjourn the inquest for the present, and I will endeavour to get it for you to-morrow, or send you the information, on which it was issued.”
William Sarmon.—I live in Edgeware-road, and am a tailor by trade. On Wednesday night, about eight o’clock, I was passing through Cato-street, and when opposite to the stable I heard Westcott say that Smithers had been stabbed. In two or three minutes afterwards two men rushed out of the stable. One of the two cut me with a sabre on the hat. He was a tall man dressed in a dark coat. He struck at me twice, and hit my thigh, but fortunately did not wound me. I was so frightened at the moment, that I could not tell which way he ran, and I did not stop to look. There were many people in the street at the time. I do not know the appearance of Thistlewood. I only observed that the man who struck me was of a pale complexion, and wore a dark long coat. The other man who accompanied him out of the stable did not attempt to strike me. They both passed behind me on the right hand, I think, through the gateway towards John-street. I heard several shots within the building, while I was standing opposite the stable. That night I wore a loose coat, and by that means I was not wounded. I saw Westcott go into the stable, and I knew him well. I had seen him many times before.
Here the examination of the witnesses terminated, and the Coroner expressed a wish to receive some information respecting the christian names of those who had been described as having been apprehended in the stable. He thought there was no distinction between the case of Thistlewood and the other prisoners; they all entertained the same mischievous design, and shewed their purpose but too plainly, in being so well furnished with fire-arms, hand-grenades, &c. He wished to know whether the gentlemen of the Jury were satisfied with the evidence already received.
A juryman said, he wished to put a question to Ruthven, the officer, before the verdict was pronounced; but Mr. Pyall, the summoning officer, stated, that Ruthven had gone away, notwithstanding his particular request that he should remain.