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 learned gentleman again expressed his own inability to give the Jury a perfect direction on this important trial; and concluded by praying that God might direct and enlighten their minds on the awful occasion, so that they might administer impartial justice, always remembering that the highest attribute of justice was mercy; and that, whether the result of their verdict should be, that the prisoner would only have a week to live, or run out his days to that length to which Providence might please to extend them, it would be dictated by justice, tempered with mercy.”

The Lord Chief Justice now addressed the prisoner, and said, if you wish to offer any thing for yourself, in addition to what has been said by your Counsel, you are at liberty so to do.

Thistlewood.—I wish, my Lord, to have two witnesses examined to the testimony of Dwyer. There is a man in Court who will prove that Dwyer extorted money from him.

The Lord Chief Justice.—You must not state that; you should have consulted with your Counsel. The time for giving evidence is now past.

Thistlewood.—I will waive it then, my Lord. I have nothing further to offer.

The Solicitor-General now commenced his reply. He said, “That in rising to address the Jury in support of this prosecution, he felt that he had a most anxious and painful duty to discharge. As the servant of the public on this occasion, it was his duty to perform the service with which that public had intrusted him to the utmost of his ability and power. He was anxious, therefore, that nothing should be omitted on his part for the purpose of presenting this case in a fair and proper view before them. At the same time, he felt anxious that, in the prosecution of what he was about to state, he should not misrepresent a single fact, far less a single argument, against the prisoner, or offer an observation which the justice of the case might not fairly warrant.

“He begged leave to join with his learned friend (Mr. Adolphus) in praying the gentlemen of the Jury to dismiss from their minds all prejudices and impressions unfavourable to the prisoner, and to confine their attention solely and undividedly to the evidence which had been laid before them, on the oaths of the witnesses whom they had heard. In saying this, he was aware that it was superfluous and unnecessary. He was addressing an English Jury—a body of men sworn to administer justice to the public on the one hand, and to the prisoner on the other; and he ought to apologize for suggesting a doubt, that, in the discharge of their momentous duty, they would not keep their eyes steadily fixed on the evidence, upon which the fate of the person at the bar must ultimately turn.

“The situation in which the prisoner then stood was an admirable proof of the excellent system of our laws, and of their being built and formed upon the principles of liberty and freedom. They had had it not only proved in evidence, but admitted by the Counsel for the prisoner, that he had projected and harboured in his mind the assassination of the confidential servants of the Crown.

“They were aware of the passions and prejudices which were excited by this discovery in the public mind, and they saw that this prosecution was not commenced, nor was the unfortunate man placed upon his trial, until an opportunity was afforded for those passions and prejudices to subside. Independent of this, he was entitled to the delivery to him of all the particulars of the accusation which he was called upon to answer; and these particulars had been delivered to him at a period so far back as three weeks from the present time. This indulgence was granted to him, in order that he might have an opportunity of consulting Counsel as to any point of law, or any objection which might arise in his favour; and in order also that he might bring forward such testimony as might be necessary to his defence. He had also a list of all the Jurymen, who could by possibility be called to sit on his trial, and these he might reject, without assigning a cause, to the number of thirty-five.

“On this account he was justified in saying, that the Jury whom he was then addressing, whatever might be the result of their deliberations, was a Jury of the prisoner’s own choice. The prisoner, also, had received a list of the witnesses who were to be called by the Crown. That list was furnished in order that he might have an opportunity of inquiring into the previous character, history, and conduct of every witness who might be called against him, and for the purpose of enabling him to impeach their character, if his inquiry should enable him so to do. Such was the benevolent spirit of the British law; and such the advantages to which a man, placed in the situation of the prisoner, was entitled.