The Jury then retired; but, in a few minutes returned into court, and requested his lordship to read to them the Act of the 36th of Geo. III.
Lord Chief-Justice Abbot said, he meant to hand it to them; but he would, in the first place, state, that, by the terms of the statute, it was to continue in force during the life of his late Majesty, and till the end of the next session of Parliament: therefore the Act had not expired when the alleged conspiracy was discovered. But, if it ever had expired, it would have been of no consequence, since, by a late Act of Parliament, the statute of the 36th of Geo. III. was made perpetual. His lordship then read the Act, and particularly pointed out the clause which made it treason—“to compass, imagine, invent, devise, or intend to deprive or depose the King from the style, honour, and kingly name of the imperial crown of this realm; or to levy war against him within this realm, in order to compel him to change his councils.” His lordship observed, that it seemed to be admitted by the Counsel on both sides, that if the project stated on the part of the prosecution were proved, it fell within the meaning of this Act; for, if a Provisional Government were formed, the royal style must of necessity cease. To levy war did not require soldiers drawn up in military array. It was sufficient if a number of people met to do some public act, in which they had no private interest, but which affected the country at large. Devising to force the King to change his measures was always considered a levying of war, under the old statute of Edward III.
The Jury again retired, and, in about a quarter of an hour, returned with a verdict of—GUILTY, ON THE THIRD and FOURTH COUNTS OF THE INDICTMENT. That is to say, on those counts which charged the prisoner with conspiring to levy war, and with the actual levying of war against the King.
The verdict, which was in some measure anticipated, was received by the Court in perfect silence; and the wretched man was taken from the bar, surrounded by several officers.
Throughout the trial he had maintained the greatest composure, but during the absence of the Jury he seemed poignantly to feel the melancholy situation in which he was placed. The candid avowal, however, of his Counsel, as to his ultimate fate upon the indictments for murder, had left him no hope of escape of an ignominious death.
When taken back to the cell, he seemed to be absorbed in the melancholy contemplation of his approaching fate, which he of course felt was irrevocably sealed. He scarcely uttered a single word to those by whom he was accompanied, but threw himself into a chair, and appeared to be entirely abstracted from all about him. He partook of some refreshment, but was unable to recover his spirits.
In the course of the evening he asked for a glass of wine, which Mr. Brown instantly sent to him.
It appeared that up to the last moment, Thistlewood confidently anticipated an acquittal, as indeed did many persons of respectability who were in Court. The speech of Mr. Adolphus had a powerful effect upon his auditors; but the reply of the Solicitor-General at once dissipated the momentary impression which he had made.
It was observed that a number of persons were collected in the neighbourhood of the Sessions-house, who were known to have been constant attendants at the Smithfield, Spa-fields, and Finsbury Meetings. Some of these intimated an intention to give three cheers if the verdict was such as they expected; but upon the real verdict being announced, they departed with strong manifestations of disappointment.
At the termination of Thistlewood’s trial, the Court was adjourned till the following Friday, the 21st of April.