The witnesses for the Crown, about thirty in number, were placed in a room by themselves, preparatory to their being taken before the Grand Jury. Those witnesses who themselves stood charged with being parties to the conspiracy were in separate rooms, under the charge of constables. Among them were Monument, who, it will be recollected, was committed to the Tower; and Adams, who remained for some time a prisoner in St. Martin’s watch-house, but was afterwards committed to the House of Correction in Cold-bath-fields. This man had been labouring under severe indisposition ever since his apprehension.
The pike-handles, guns, pistols, swords, grenades, daggers, ammunition, and other articles seized on the persons of the prisoners, and in Cato-street, at Brunt’s lodgings, and elsewhere, were deposited in the office of the clerk of indictments. When collected together they presented a formidable appearance.
At ten o’clock the Attorney and Solicitor-Generals entered the Court, and took their seat at the barristers’ table. In a few minutes afterwards Chief-Justice Abbott and Chief-Justice Dallas, together with Mr. Const, and other magistrates, whose names were mentioned in the Commission, came upon the bench.
Proclamation was then made for silence, and the commission was immediately read by Mr. Dealtry, one of the clerks of the Crown-office.
The names of the gentlemen summoned on the Grand Jury were then called over, and the following gentlemen were sworn:
Job Raikes, esq.
John Stock, esq.
Thomas Milroy, esq.
Robert Batson, esq.
William Hills, esq.
Henry Thomson, esq.
Richard Gibbs, esq.
Thomas Lomet, esq.
James Gordon, esq.
William Anderson, esq.
William Parry, esq.
John Booth, esq.
John H. Pakenham, esq.
John Warren, esq.
George Frederick Young, esq.
Robert Meacock, esq.
Richard Jennings, esq.
James Taylor, esq.
John Johnson, esq.
Francis Douse, esq.
John William Horsley, esq.
William Benning, esq.
Stephen Taylor, esq.
These gentlemen having been sworn by Charles Abbott, esq. marshal to the commission, proclamation was made for silence while the charge was delivered.
Lord Chief-Justice Abbott then addressed the Grand Jury in the manner following:
“Gentlemen of the Grand Inquest—We are assembled in this place, under the authority of his Majesty’s Special Commission, issued for the purpose of inquiring into, hearing, and determining, certain offences therein particularly mentioned. These offences are, first, all high treasons, except such as relate to the coin of the realm; secondly, all misprisions of treason; thirdly, the murder of one Richard Smithers, deceased, and any other crime or offence touching the death of that person; and, fourthly, any offences committed against the persons of Frederick Fitzclarence, George Legg, John Surman, William Westcott, John Muddock, James Basey, and other persons, or any of them, contrary to the form of an act made and passed in the forty-third year of the reign of his late Majesty, for, among other things, the further prevention of the malicious shooting, maiming, stabbing, or wounding, any person or persons; and, gentlemen, it has become my duty to offer to your consideration some remarks on each of these subjects, for your assistance in the discharge of the important duty which will devolve upon you when the bills are laid before you.
“The particular crime of treason to which it would be proper to call your attention is to be found, 1st, in the ancient statute 25 Edward III., and 2dly, in a statute passed for very wise purposes in the 36th year of the reign of his late Majesty. [His Lordship here recited the enacting clauses of the statutes to which he referred; the first of which declares it to be high treason to compass and imagine the death of the King or the Queen, or to levy war against the King within his realm; and, the second enacts, that if any person, within or without the realm, compass or imagine the death of the King, or his deposition, or to do him any bodily harm, such as maiming, wounding, or imprisoning him, in order by force to compel him to change his measures or counsels of government, any persons so offending shall be guilty of high treason.]