persons an equally desperate resistance was made.

“Conscious of the evil purpose for which they had assembled, they
waited not to know on what charge they were about to be apprehended;
but instantly made a most desperate resistance. Ings, Davidson, and
Wilson, were particularly desperate, each, I believe, firing at some of
the officers or military, who had only come to the ground on hearing
the report of the fire-arms, not having been previously directed to the
exact spot.

“Notwithstanding the resistance, however, which they so desperately
made, and in which resistance Thistlewood, Tidd, Davidson, Ings, and
Wilson took a most active part, by attacking the officers and soldiers,
the whole of the conspirators were, at length, fortunately overcome,
and eventually eleven of them secured. Not on that night, however,
for three out of the eleven for the time escaped, namely Thistlewood,
Brunt, and Harrison. The officers, however, not only secured on that
night the eight men, but various articles of fire-arms, numerous
weapons, and certain combustibles.

“The prisoner Brunt, gentlemen, one of those who escaped, returned
that night to his own house. He was accompanied by another man, and
his own boots were in such a state, as not to fail to excite the
attention of some persons in the house. His boy (an apprentice, named
Hale) soon learned, from the conversation which passed between his
master and the man, that they had just escaped from Cato-street, and
Brunt expressed a belief that his person had not been discovered.
The prisoner, gentlemen, remained home the whole of the night, but
early on the morning following, he called to him the apprentice boy
I have named, and asked him as to his knowledge of some street in
the Borough, where he wanted to convey some baskets. These were all
carefully packed up, and it is a remarkable circumstance, which will
be spoken to in evidence, that so anxious was he for the concealment
of its contents, that one of the baskets was secured with the apron of
his wife! Gentlemen, the prisoner now thought all secure; but he had
scarcely effected his plan, and retired into another room, previous to
despatching the baskets, when the officers entered the house and seized
him. This, you may suppose, was not a little surprising to Brunt; for,
most material would it have been to him to have the baskets removed.
Upon searching these, gentlemen, were found a number of hand-grenades,
fire-balls, and other articles of destruction. Upon their discovery,
Brunt for some time affected ignorance of the thing, but he was told it
was of no use.

“The prisoner at the bar, Thistlewood, who also escaped on the
night of the 23d, retired not to his own house, however, but to an
obscure lodging in White-street, where he thought to conceal himself.
Information, however, soon reached the police-office, Bow-street, of
his retreat, and early the next morning, a strong party of officers,
headed by Bishop, were sent to apprehend him. Upon their arrival at
the place, every precaution was, of course, taken to prevent an alarm;
while the officers, at the same time, knowing the desperate sort of
character they had to contend with, were equally guarded to resist any
attack which might be made upon them. They proceeded to search the
house, beginning with the top and descending to the lower rooms. They
then observed a small room on the ground-floor, the door of which was
locked, and Bishop demanded the key, which he procured; and knowing
from what had taken place, the determined desperation of this man, he
opened the door as softly as he could, and perceived by some slight
light that came through two or three holes in the window-shutters,
the person of Thistlewood lying on a turn-down bed. The moment he
opened the door, Thistlewood put his head up, and Bishop immediately
discovered him, and he immediately threw himself upon him, to prevent
mischief. He then said, he should make no resistance, and on being
taken out of bed, it was discovered that he had been laying in his
breeches and stockings. Gentlemen, by these means the prisoner at the
bar was taken; and thus ends, in point of fact, the evidence which will
be adduced before you.

“Gentlemen, I have now to state to you, at the suggestion of a learned
friend, a fact which I had almost forgotten. It is material for you to
know, that on the 22d February, the conspirators held a consultation
at the house of Brunt. Every thing was, on this occasion considered
as finally arranged. I have already told you, it was their plan to
set fire to various parts of the metropolis, and among other places,
the barracks in King-street were fixed upon, not only because troops
would be there, but because Harrison, who had been, I am sorry to
say, in his Majesty’s service, was acquainted with the situation of
the building, and pointed out the means by which it could be easily
fired; and thus the soldiers, who would have retired to rest, would
be unable to accoutre themselves or their horses. But this is not
all, gentlemen; for at this very consultation, Thistlewood sat down
and wrote two proclamations, in anticipation of the success of his
diabolical schemes, and which proclamations were upon that success to
be issued. But you will observe, gentlemen, it was not considered by
the prisoner duly official to write these proclamations on paper, and
Hale (the apprentice of Brunt) was sent in search of parchment. This
being procured, he wrote an address to the following effect, intended
for the people generally:--

PROCLAMATION.

“YOUR TYRANTS ARE DESTROYED!

“_The Friends of liberty are desired to come forward and
support the Provisional Government, which is now sitting._”

“So that, Gentlemen, if any doubt could be entertained of these men’s
ulterior designs not being confined to the destruction of his Majesty’s
Ministers, this proclamation, written by Thistlewood, would put it
beyond all doubt. He wrote two or three of these. He read them aloud
to the party assembled, and told them that they were to be stuck up
where the houses were on fire, that the people might see it. Afterwards
he sat down, and endeavoured to compose another proclamation, which
was to be issued to the soldiers, and that contained an offer to the
soldiers, calling on them to join the friends of Liberty; promising
them twenty pounds each to carry them home, and that they should be
rewarded with full pay and a pension for life!! These proclamations,
Gentlemen, were read aloud by Thistlewood to the conspirators, and they
were unanimously approved. Some of them, I should tell you, were to be
posted as convenient as possible to every barrack or public place which
might be set fire to or destroyed. Thistlewood himself carried the
proclamations from the house of Brunt to Cato-street.

“And now, Gentlemen, having stated these facts, let me pause to ask
you, whether, if I prove them in evidence, you can come to any other
conclusion than that the prisoner who stands before you, is guilty?
What answer, I will ask, can be given to such evidence as this, and
if no answer can be given in evidence, what answer can be given
in reason? It may be urged, in a general sense, that such schemes
and such plans as the facts I have related to you disclose, ought
scarcely to be credited in a Court of Justice. This may be inferred
from the circumstance of heated men with heated passions conceiving
and proposing the adoption of plans, wild and visionary, and in fact
wholly impracticable. In this case, however, such a principle did not
exist; for here were long laid regular plans, extensive schemes, and
the most abundant preparations, to effect a wicked purpose. And will
not desperate and designing men, infuriated by their passions either
influence others to the accomplishment of such plans, or be worked upon
by them themselves. Look then, Gentlemen, to the facts of the case
yourselves. You will view them as calm and sober men, and in doing
so, you will perceive such a system and such an adroitness towards
the execution of that system, that their object requires but little
solution.

“Gentlemen, it is not your duty to consider whether the schemes in
question were wild and visionary, but whether they had for their object
an illegal or wicked purpose; and if illegal, and that towards the
execution of their plans they took but one step, they have then done
that which renders them amenable to the offended laws of their country.
If these arguments, Gentlemen, won’t avail, what then may not be urged
for the prisoner? But you will also be told that accomplices are not to
be believed on their oath in a Court of Justice. I contend, however,
that they should; and if it was not permitted to accomplices in guilt
to give evidence for the purposes of justice, then the blackest and
foulest crimes would be daily committed, and go unpunished. But it is
not the law of England, alone, to hear the evidence of an accomplice.
It is the law of reason also, and has been the law of all ages and
nations. I admit that you should watch with the greatest caution
and jealousy the testimony of an accomplice. You should weigh his
story well, and see whether it be confirmed by the more indifferent
witnesses. Not confirmed in every part, for then his evidence would not
be required at all: but in certain collateral parts which may be found
to correspond with the other testimony. If therefore, Gentlemen, an
accomplice is produced before you, and you believe a part of what he
relates, you are bound in a great measure to believe that the whole of
what he tells you is true.

“No man, or set of men, who had ever conceived such plans as I have
laid before you, could have so conceived them without an intention of
pursuing them. The plans, therefore, at least for some time, could be
known only to themselves and to their God. I say then that the evidence
of an accomplice is not only highly necessary, but even laudable; for
if you resist such a principle, the more dark will be the crime, the
more secret the scheme, and the more wicked the purpose. As I told you
before, Gentlemen, it has long been the law of England to receive the
evidence of an accomplice, and even in cases of murder, it has proved
most salutary in the administration of justice.

“I will call a witness before you,Gentlemen, named Adams, an
accomplice, as you will find, and he being in the full confidence of
the conspirators, will prove to you the nature of all their proceedings
from time to time, and of the different plans and communications
which were made between him and them. I will call another man to you,
Gentlemen, who was the first to make known the diabolical plans of the
conspirators, to my Lord Harrowby; but this man was not much known to
them, nor did he therefore rank high in their councils.

“This man in fact, when he heard the dreadful plan related of visiting
his Majesty’s ministers with destruction and death, his heart
shuddered, his conscience smote him, and he could hold out no longer.
Some men, you know, have very strong minds, and are not to be deterred
from the most wicked purpose. Others are less firm, and more easily
shaken in the accomplishment of a cruel or immoral design. The witness
whom I shall produce to you, Gentlemen, and whose name is Hiden, is one
of this description.

“A third witness I shall produce to you, is an individual who was
rather more in confidence with the conspirators. His name is Dwyer,
and you will find that Thistlewood and Davidson applied to him for
his advice and assistance towards the execution of their murderous
purpose. You will even find that they solicited his aid on the very
day in which that purpose was to be put into execution. This witness,
however, horror-struck at the intended massacre, and feeling it to be
his bounden duty, ran almost instantly and communicated the fact to
others. He first communicated it to his wife, and next to an officer
in the army, named James, with a view that it might be immediately
conveyed to his Majesty’s ministers. This, under the special order of
Providence, was done.

“And now let me again ask you, Gentlemen, is this testimony to be
rejected? Surely it never can by enlightened men such as you are. But
this even does not furnish my case for the prosecution; for I assure
you it does not rest upon the testimony of Adams, Hiden, and Dwyer;
but there are facts in this case which, I fear, the prisoner will
not be able to answer. Why, I would ask, were these men assembled in
Cato-street, and why at night? There were none of them related to
each other, yet they were all armed with deadly weapons, and found in
close deliberation in an obscure stable. There were also found there
a quantity of destructive grenades and fire-balls, together with a
large portion of ammunition. But this is not all. At the houses of two
others of the conspirators, namely, Brunt and Tidd, there were found
similar articles of destruction, particularly ammunition. The weight
found of the latter, gentlemen, amounted to between eleven and twelve
hundred pounds; and I would ask, in the name of God, what object could
these men have had in the possession of such a quantity of ammunition?
Surely it could not even be for an individual murder! No, gentlemen, it
was the destruction of his Majesty’s ministers in the first place, the
burning and levelling of public barracks and edifices in the next, and
finally, the establishment of a revolution, and the appointment of a
Provisional Government.

“These men, Gentlemen, could never have been unfriendly towards
ministers as individuals. It must have been a hatred of them in the
character of their office alone, and their design was more particularly
levelled at Lord Harrowby, because his Lordship was President of the
Council. Can you doubt, that after this dreadful blow was made, and
it had succeeded, that it was the intention of these conspirators to
have established a provisional government, and thus spread anarchy
and confusion around. In fact, that was the eventual blow meant to be
carried into execution. I say, therefore, that even if the learned
counsel for the prisoners were to contend most successfully against
the evidence of the accomplices, the facts I shall produce to you by
other testimony, will answer the purposes of this just and necessary
prosecution.

“What was the conduct of the prisoners when they were discovered in
Cato-street? I want not, Gentlemen, by a repetition of this term, to
inflame your minds: but it will be extremely important for you to
remember, that when the officers entered the loft there, and said, ‘we
are officers,’ they submitted not to their authority, but resisted them
even in the most ferocious manner, and one officer, as you have before
heard, unfortunately lost his life. The prisoner at the bar, however,
is not under trial for that offence, nor should the fatal circumstance
operate in the present case against him. But I must again ask you, what
became of the prisoner on the 23d, the intended night of blood and
slaughter? Why he flies from the desperate scene, not to his own home,
as you have already been told, but to an obscure place of concealment.
These, then, Gentlemen, are the facts of this momentous case; and once
more I ask you, what possible conclusion can you draw from such facts,
if they be supported in evidence?

“Gentlemen, I repeat it, that this is a momentous and important
case, and if these plots of the conspirators, and of the prisoner in
particular, be proved to have existed--if the means had been used which
I have described to you for effecting the nefarious and diabolical
plans they had formed, then I call upon you, in the name of justice,
to give that verdict which will best satisfy the laws of your country,
and tend to protect the lives of your fellow-creatures. Commiseration
(if I may use the term) towards a prisoner, I never should withhold;
and God forbid, Gentlemen, that you should not give to the man at the
bar the advantage of every, even the slightest, circumstance of doubt
which may arise in his favour. If these doubts also should predominate,
it will be your duty to acquit the prisoner; but if, on the other hand,
the facts which I have laid before you be substantiated, and you feel
in your consciences that the charge is made out, it will then become
your painful but bounden duty to convict him. Should these facts, I
say, for the last time, be brought home to the prisoner, it will then
be your duty, as men, as citizens, and as fathers--as men desirous of
maintaining the laws, and of acting under the solemn obligation of your
oaths, to pronounce him guilty.”

The learned gentleman’s speech occupied the attention of the Jury for
nearly two hours.

Before the first witness for the prosecution was put into the box, all
the prisoners named in the indictment were brought up, with the view,
we suppose, of having an opportunity of hearing the evidence, it being
principally the same which is to be adduced against most of them. They
entered the Court with much apparent indifference.

Davidson and Ings were particularly remarked for the calm indifference
with which they surveyed the Bench and the spectators around them.

During the examination of Adams, some of the prisoners whispered
together. Thistlewood throughout preserved the most perfect composure.

The first witness called was

ROBERT ADAMS, examined by the Solicitor-General.--I live at No. 4,
in Hole-in-the-Wall-passage, Brooks’-market. I am a shoemaker. I was
in the Royal Regiment of Horse Guards. It is 18 years last Christmas
since I left them. I knew Brunt at Cambray, in France, he went then by
the name of Thomas Morton, it is 18 years ago since I first knew him.
I know Thistlewood. I knew him first on the 16th of January last. He
then lived in Stanhope-street, Clare-market. I was introduced to him by
Brunt and Ings. I saw him at his own place. We had some conversation
together.

Here Mr. Adolphus objected to the witness mentioning any thing of the
conversation which passed on that occasion. The crime against the
prisoner was charged in the reign of his present Majesty, and against
his crown and dignity, and no act of the prisoners in the late reign
ought to be adduced.

Lord Chief-Justice Abbot said, the Court might hear of the commencement
of the transaction, as connected with what had occurred in the present
reign.

The examination of the witness was continued.

When I went in, Brunt said to Thistlewood, This is the man I was
speaking to you about. Thistlewood said, “You were once in the
Life-Guards?” I said, “No, I was not, I originally belonged to the
Blues.” Thistlewood said, “You are a good swordsman?” I said, “I could
use a sword to defend myself; but I could not use it very expert, as
I had not used any arms for a long time.” Thistlewood said, there was
no one who was worth 10_l._ who was worth any thing for the good of
his country. As to the shopkeepers of London, they were all a set of
aristocrats together, and were all working under the same system of
government. He should glory to see the day that all the shops were
shut up, and well plundered. He then alluded to Mr. Hunt, and said,
he (Hunt) was a d----d coward, and were he (Thistlewood) to go to
Whitehall, he was sure he would find his (Hunt’s) name there, as a spy
to government. He then turned the conversation to Cobbett, and said, he
was equally the same as Hunt, and for all his writings, he had no doubt
he was also a spy. This ended the conversation then. I was afterwards
confined for debt in Whitecross-street Prison. The next interview I
had with Thistlewood was on the 16th, at the White Hart public-house.
It was in a room in the back yard. Thistlewood was present, and Ings,
Brunt, and Hall, and before they broke up, Tidd. On the 17th I went to
prison, and remained fourteen days there. I came out on Sunday, the day
after the death of the King. I saw Thistlewood on the Monday evening
following. I saw him in the same floor in the house where Brunt lived,
in a back room. This was in Fox-court, Gray’s Inn-lane. There were
Brunt, Ings, Hall, and Davidson, present. There was nothing particular
took place that night. To the best of my recollection, I met them next
on the Wednesday, (by them he meant Thistlewood, Brunt, Davidson,
Harrison, and Ings,) I had a conversation--

Mr. Curwood here objected to the witness speaking to what then
occurred, as no over-act was set forth in the indictment on that day.
It merely referred to a meeting on the 16th, and at divers other times.

Lord Chief-Justice Abbott observed, that the present mode was the
invariable form of such indictments, and no objection was ever made
to it. If all the particulars of overt-acts were set forth, it would
occasion a great prolixity.--The objection was over-ruled.

Witness continued--I went into the room and saw a number of pike
staves, and Thistlewood wanted to have them ferruled. Thistlewood
then asked why Bradburn (the prisoner) was not present, and he added
that Bradburn was intrusted with money to purchase ferrules, and was
not satisfied lest he should not buy them. The staves were green, and
seemed as if they had just come from the country. Thistlewood said he
would not give a damn for a man who would spend the money in such a
way. I do not recollect any thing further then. The meetings were held
twice a-day from thence to the 23d of February. The room was hired
by Brunt for Ings; Brunt said so. I remember one circumstance that
occurred: one evening, about ten days before the Cato-street business,
I went in and saw Harrison, Thistlewood, and Brunt. Harrison said, he
had been speaking to one of the horse-guards, and he told him, that
the whole of them would be down at Windsor at the King’s funeral; and
Harrison said, this would be a good opportunity to do something that
night (the night of the funeral.) Thistlewood said it was a good place,
and added, that if they could get the two pieces of cannon in Gray’s
Inn-lane, and the six pieces in the Artillery-ground, they could so
help themselves as to have possession of London before morning; and he
said, that when the news should reach Windsor, the soldiers would be
so tired as not to be able, when they came back to London, to do any
thing; but that by activity some might go to Hyde-park, and prevent
any person or messenger from going to Windsor. He also said, that
they should go over the water and take the telegraph, to prevent any
communication with Woolwich.

He then said that they should form a Provisional Government, and
send to the sea-ports, to prevent any gentlemen from leaving England
without passports. He particularly mentioned to send to Dover,
Brighton, Margate, and Ramsgate, and he most particularly mentioned
Brighton--not that he thought the new King would be there, or at the
funeral. He said the present family had inherited the throne long
enough, and it was no use for the present King to think of being
crowned. Brunt and Ings came in after this, and Thistlewood mentioned
to them what passed; but they said that nothing would satisfy them but
their plan of assassination. They had talked at a former meeting of
this plan of assassination. Two or three of them had drawn out a plan
of assassinating his Majesty’s Ministers at the first public dinner
they had. They talked of assassination at every one of their meetings.
I could not say there were pikes in the room before this. I met them on
Saturday, the 19th of February, at eleven or twelve in the forenoon.
I saw Thistlewood, Davidson, Brunt, Harrison, Ings, and Hall. They
were all set round the fire, and seemed in a conversation betwixt
themselves. They all got up and turned round, and said, “It is agreed,
if nothing turns out before next Wednesday night, next Wednesday we
will go to work.” It was said they were all sworn that they would not
wait any longer.

Thistlewood proposed they should meet the following morning at nine, to
draw out a plan to go by. Thistlewood said to Brunt, “You had better
go round this afternoon and mention it, in order to have the committee
to-morrow.” Brunt said, he did not think he should be able to go, as he
had some work to do, but he would go on the next morning, and perhaps
he might see some of them: it was not necessary to bring a great many.
Brunt appeared to be leaving the room then, and Thistlewood called
to him, and said--“O, Brunt, it will be highly necessary for those
that come to-morrow morning to bring fire-arms with them, in case any
officers should come up.” On which Brunt said, “D--n my eyes, if any
officer should come in here, the time is so near now, I would run him
through the body. I would murder him here sooner than we should be
discovered.”

On the next morning I went there about eleven o’clock. It was a little
dark in my eyes when I went in after the snow. There were Thistlewood,
Brunt, Harrison, Cooke, Bradburn, Tidd, Edwards, and Wilson, myself,
and another. William Cooke, on looking round the room, said, “There
are twelve in the room, and I think it enough to form a committee.”
Thistlewood proposed that Tidd should take the chair. Tidd took the
chair, and sat with a pike in his hand. Thistlewood was on his right
and Brunt on his left. Thistlewood said, “Gentlemen, you all know
what we are met for;” and then he turned to the door, as if unwilling
to mention it, and said, “the west-end job.” Brunt then said, “D--n
my eyes, name it.” On which Thistlewood again said, “Gentlemen, we
are come to the determination to do this job, that we were talking
about so long, and as we find there is no probability of meeting them
(Ministers) altogether, we shall, if no opportunity of doing them
altogether occurs, take them separately, at their own houses, and do
as many as we can. If we can only get three or four at a time we must
do them.” He also said, “I suppose we can take forty or fifty men to
do this west-end job; and I propose to take the two pieces of cannon
in Gray’s Inn-lane, and the six pieces in the Artillery-ground.” He
proposed Cooke to lead this party, and he himself would command. He
said they should take the Mansion-house as the seat of the Provisional
Government.

They were next to take the Bank of England; and Palin should be the
man who should set fire to the barracks, and several parts of London.
This was the principal part of the plan, but if any thing else occurred
before Wednesday, they would think of it. Brunt was then going to
put a proposition which he had for assassinating the Ministers, but
Thistlewood said, his plan should be first put from the chair, as they
were nearly all agreed on it. He desired the chairman to ask if any of
them had any thing to say, and that they should say it; but none of
them saying any thing, the plan was carried unanimously. Brunt then
came forward with his plan, which was, that they should assassinate
as many of his Majesty’s Ministers as possible; that they should draw
lots to assassinate some of the Ministers; and whoever the fellow was
on whom the lot fell, he should murder the Minister, or be murdered
himself; and that if any man failed in the attempt, he (Brunt) swore by
all that was good, he should be run through the body. On which I got
up, and said, “Mr. Brunt, do you not think it possible for a man to
attempt such a thing, and not succeed in it; and do you mean to say he
should be run through the body for not doing it?” To which he said, “I
do not: if a man should attempt it and not succeed, he is a good man;
but if he shews any cowardice, he deserves to be run through the body.”
This proposition of Brunt’s was then put to the meeting.

Soon after this, Palin, Potter, and Strange, came in. They were
welcomed, and were desired to sit near the fire, as they were wet.
Palin said, “There is one thing I want to know; if it can be done, it
will be a great assistance to our plan. I want to know what men are to
perform each part of the plan, and who are to take the cannon. I want
to know, in calling upon the men, whether I can tell them in part or
whole what is to be done.” The chairman said, “I don’t see where the
harm is of telling what is to be done.” Mr. Palin, seeing that he had
that liberty, sat down quite satisfied. Nothing regular was transacted
in the chair after that. Mr. Thistlewood said, “O, Brunt, that is well
thought of, as Palin is here: you and Palin go, and see if the house
near Furnival’s Inn is fit for setting fire to.” They went (Palin and
Brunt), and reported it would make a d----d good fire. Thistlewood
talked of getting means for a treat on Tuesday and Wednesday. Brunt
said, he would be d----d, but he would contribute the only 1_l._ note
he had earned for a long time. They proposed the White-Hart for the
house. Thistlewood proposed his own room; but afterwards thought it
would not do, as it might lead to suspicion. This was all on the Sunday
morning. On Monday morning they met again. Witness then told them
what Hobbes told him on Sunday night, of inquiries made respecting
radical meetings at his house, and that information of it was given at
Bow-street office, and at Lord Sidmouth’s office. Harrison turned round
on witness like a lion, and said “Adams, you have acted d----d wrong.”
Brunt said so too, and added, “Whatever you have to communicate, you
have no business to communicate but to me and to Thistlewood.” Witness
said, it concerned all, and he should tell all of it. They repeated the
same observations. They talked of calling a meeting of the Mary-le-bone
Union, as they wanted some money; and Brunt said, it would be of use
for that purpose.

Witness and Potter went in the evening to the White-Hart; Palin and
Bradburn joined them. Next morning they were there too, and with them
Thistlewood, Tidd, Ings, Harrison, and Brunt. Edwards came, and told
them there was to be a cabinet dinner next night. Thistlewood said,
he did not think it was true. A newspaper was sent for, and read
by Thistlewood. He read that they were to dine at Lord Harrowby’s,
Grosvenor-square. Brunt then said, “I’ll be d----d if I don’t believe
there is a God. I have often prayed that he would bring all these
thieves together, in order to destroy them. He has answered my prayer.”
Thistlewood proposed, that they should form a committee and sit
immediately. Witness took the chair.

Thistlewood proposed immediately a fresh plan to be formed respecting
the assassination. Witness expressed a hope they had paid due
consideration to what he said yesterday. All got into confusion.
Harrison said, “D--n that man who attempted to throw cold water on the
plan, but he would run him through with the sword.” Witness left the
chair, and Tidd took it. Brunt moved that a watch should be set on the
Earl of Harrowby’s house that night. The object was to see if any men
or soldiers went into Earl Harrowby’s. Two were to go at six, to be
relieved at nine, and they were to continue till twelve. The watch was
to be resumed at four next morning.

Thistlewood said he hoped they would be satisfied that no officers or
soldiers went in. They would do what they had determined to-morrow
evening; and added, that it would answer their purpose much better than
to attack their houses separately, when only two or three could be got
together. Here they would have fourteen or sixteen; a rare haul to
murder them all. “I propose,” continued he, “when the door is opened,
to rush in, seize the servants, present pistols, and threaten to kill
them if they make any noise; two to take the entrance to the stair
upwards, and two others to the stair to the lower part of the house,
armed with blunderbusses and hand-grenades; and if any attempt to pass,
to throw hand-grenades and destroy them all. Others are to go where the
ministers are to murder them all. If there shall be any good men, kill
them for keeping bad company.” All agreed. Ings said, he would go in
first, with a brace of pistols and knives. The two swordsmen would cut
off all their heads; and Castlereagh’s and Sidmouth’s should be flung
in a bag by themselves. He added, “I shall say, my Lords, I have got
as good men here as the Manchester yeomanry; enter citizens, and do
your duty.” Harrison and witness were to be the swordsmen. After the
execution of Lord Harrowby, at his house, Harrison proposed that some
should go to King-street horse-barracks, and set fire to the premises
by throwing fire into the straw in the stable.

Harrison and Wilson were to go to Gray’s Inn-lane, and, in case they
could not carry the cannon out of the military-school, they were to
wait till a party came to assist them. Thence they were to proceed to
the artillery barracks, to assist Cooke in taking the cannon there. If
they found their strength sufficient to proceed, they were to advance
to the Mansion-house, and plant three of the cannon on each side of the
Mansion-house, and to demand the Mansion-house. If it were refused,
they were to fire, and then it would be given up. The Mansion-house was
to be made the seat for the Provisional Government.

The Bank of England was next to be taken. They would take the books,
which would enable them to see further into the villany of the
government. The further parts of the plan were delayed till Wednesday.
They agreed upon a sign and countersign. The word was “Button;” the man
who came up was to say B-u-t; and the other was to reply t-o-n.--Being
asked as to the watch, witness said, There are other things which I
wish to state. I went there next morning, and found Edwards, Ings, and
Hall, making fusees for the hand-grenades. Davidson went on the watch
at six. Witness and Brunt went to relieve the watch. They saw Davidson
in the square, on the watch. They went into a public-house, where
Brunt played at dominos with a young man.

About eleven they went out into the square, and walked for some time,
till witness got ashamed of himself. They went away at twelve o’clock.
He went next day to Fox-court, between two and three. He found Brunt
there. Strange came in, and in a few minutes afterwards two more
strangers. Strange and another were trying the flints. They went into
a back room to avoid the strangers, where witness saw cutlasses,
blunderbusses, &c. Thistlewood, Ings, and Hall came in. Thistlewood
said, “Well, my lads, this looks like something to be done.” He touched
witness on the shoulder, and asked how he was. Witness replied that
he was very unwell, and in low spirits. Thistlewood sent for beer and
gin. Thistlewood then wanted some paper to write bills on. Witness
said, cartridge paper would do. The paper was brought; and table and
chair were got. The bills were then written; they were to be set on the
houses, to let the people know what had been done. Thistlewood read as
part, “Your tyrants are destroyed--the friends of liberty are called
upon to come forward--the Provisional Government is now sitting. James
Ings, Secretary. February 28.” Thistlewood was much agitated, and could
write only three. Another bill was written, which was an address to
the soldiers. Another person was employed to write it, and Thistlewood
dictated to him.--Witness said he would tell what he had seen.

Mr. Adolphus objected to this, and contended, that the writing alone
was evidence.

Witness could not say what became of the papers, and he had not seen
them since.

Mr. Solicitor-General now stated, that notice had been given to produce
the writings.

Witness said that this second kind of bill was not finished,--they
could not agree as to the terms.

Mr. Adolphus renewed his objection to the question what Thistlewood
dictated to be written.

Lord Chief-Justice Abbot.--In whose hands had you last seen the paper?

Witness did not know him.

His Lordship said, some doubts were entertained by some part of the
Court.

Mr. Solicitor-General said, he would not press it.

Witness went on.--Ings had two black belts on, one for two pistols, the
other for cutlasses. He had two bags on his shoulders, like soldiers
haversacks. He looked at himself and said, he was not complete yet,
he had forgot his steel. He took out a large knife, and brandished
it about, and said, it would cut off the heads of Castlereagh and
Sidmouth, and it would be thought a great deal of at some future time.
The knife was a large broad knife, twelve inches long, the hand bound
round with wax to keep a firm hold of it. Others were busy at other
arms. They began to leave the room about half-past four or five, to go
about the business.

Palin came in half an hour before. Palin said they ought to be aware
of what they were about, and to think within themselves whether they
were to do their country service or not, and whether the assassination
would be countenanced by their country. If they thought their country
would join them, then the man who flinched should be run through on the
spot. Unless they came to this determination they would do no good.
A tall man came in, and asked what the business they were about was.
Witness had never seen him before. The tall man said, if they were
to serve their country, he was their man, and if any one was afraid
of his life, he ought to have nothing to do with such a concern as
that. Thistlewood was then gone. Brunt was told, that inquiries were
made by some who were present, as to the plan they were about, Brunt
said, that was not the room for telling that; but they should go
with him, and they would know. Brunt promised spirits; and the tall
man cautioned against drunkenness, as ruinous to a cause like that.
They went along the street, two and two, and at some distance, that
they might not be observed. There was a cupboard in the room used for
swords, hand-grenades, and flannel bags for cartridges, one of which
was full. The rest of the arms were in Tidd’s room; that was the depôt.
Thistlewood was always in a hurry to carry every thing that was got
ready into the depôt, lest any officer should see it. Witness carried
a brass-barrelled blunderbuss. There were pikes made of old files.
Witness as he went on missed all his associates. He returned back, and
met Brunt, who returned back with him along the Edgeware-road, till
they met Thistlewood.

They went altogether to the stable in Cato-street. Witness stayed
behind till Harrison came up, and made him go in. He saw there,
Davidson and Wilson below, Thistlewood, Ings, Hall, Bradburn, Strange,
Cooper, the tall man, and others above. There were, as Thistlewood
calculated, at last, eighteen above and two below. There was a bench
above and arms on it. Some beer was standing on the table. There
were lights. There was a chest. Before Tidd came, Thistlewood went
out for some time. Witness heard a deal of talk below, and he found
Thistlewood, Brunt, Harrison, Davidson, and Wilson. They spoke of
the good news, they heard that the carriages were arriving at Lord
Harrowby’s as fast as they could. Witness went up to the loft, and saw
Thistlewood and Brunt much agitated. They spoke of Tidd’s absence.
Brunt pledged his word that he would come. He soon afterwards came.
Thistlewood said, “I hope you will not give up what you are going to
do; if you do, this will be another Despard’s business.” He then
counted twenty persons, and said that was enough, fourteen would be
sufficient to go into the room, and the other six would take care of
the servants and doors. They then set apart fourteen.

The gin bottle was then started. Thistlewood said, if Lord Harrowby had
sixteen servants, that was nothing, as they would not be prepared. A
noise was heard below. Thistlewood took a candle and looked down to see
who they were, and then set down the candle quite confused, according
to witness’s judgment. Two officers took command of the room, holding
small pistols, and said, “A pretty nest there is of you. We have got
a warrant to apprehend you all, and hope you will go peaceably.” A
man who was on the step of the ladder said, “Let me come forward.”
This was the man murdered. A group of persons had got into the little
room, and then came forward, and one of them stretched forward an arm,
witness saw nothing in it, and another presented a pistol. The man
fell. It was impossible for him to give a particular account of the
other transactions. He got away, went home, and was apprehended on the
Friday, and remained in custody since. He identified Davidson, Wilson,
Brunt, Ings, Cooper, Harrison, Tidd. There were two he did not know.
They were again called forward, but he said he could not swear to them.
He was sent forward near the dock: but he said he did not know them.
One of them, he said, he saw at the meeting.

Cross-examined by Mr. Curwood.--He went not there to assassinate his
Majesty’s Ministers. His legs carried him there. His outward intent
to all appearance was for that; but his inward intent was against it.
He was kept to it, because Brunt said, whoever forsook them would be
marked. He became acquainted with Brunt in Cambray, in 1816. He had
been a soldier years before. He was a shoemaker. He had never been
treasurer to a benefit society. He carried with him 40_l._ He thought
the money his own. He had never been charged with stealing it. He
was introduced to Thistlewood by his friend Brunt, to assassinate
his Majesty’s Ministers. That was the first object. He first gave
information on the Saturday after. It was indeed from compunction.
“My motive was, gentlemen of the Jury, I do assure you, that I made a
vow to God that I should tell the whole truth. I did indeed regard it
with horror. I felt compunctious visitings before I was in custody. It
was not because I felt my neck in danger, or because I thought it was
better eighteen should be hanged than myself.” The greatest number he
ever saw present was fifteen men. The greatest sum he saw was sixpence.
There was no collection of halfpence and pence for the newspaper.
Tidd’s was the depôt. He saw no muster-roll, and no cannon-ball. The
cannon were to be charged with cartridges, and a large hammer was to
be bought to strike down the tops of the iron palisades, as it was
thought they would do more execution than balls. The newspaper was
“The New Times.” Witness did not know whether it was correct. He had
seen nothing of Edwards since. He was employed to carry a sword, as
being expert at it. He was not sufficiently near to have killed the man
in the loft with the sword. His hand was not extended. He could tell
nothing of the proceedings that followed. He went away, and did not
deliver himself up, because he saw no officer. He went home to abide
the event.

Re-examined in chief.--He said, the British army were at Cambray when
he became acquainted with Brunt there.

Another witness was then called, but the Court and Jury were of
opinion, as it was half-past seven, that it was the best time for
adjourning. The Court was accordingly adjourned till nine o’clock on
Tuesday morning.

SECOND DAY.--TUESDAY, APRIL 18.

The Court met this morning at nine o’clock, and the names of the Jury
having been called over, and Thistlewood and the other prisoners being
put to the bar, the evidence for the prosecution was continued.

ELEANOR WALKER examined by Mr. Gurney.--I am servant to Henry Rogers:
he lives at No. 4, Fox-court, Gray’s-Inn-lane. We had a lodger named
Brunt. He occupied two rooms on the second floor. They were front
rooms. In January a lodger came, introduced by Brunt. This was a month
or five weeks before Brunt was taken up. He (Brunt) said the lodger
lately came from the country, and he wanted a room; and as we had
one to let, he wished him to have it. The room was unfurnished. He
paid three shillings a week for it. He (the lodger) said he might not
bring his goods in for a week or better. He never brought any in to my
knowledge. I do not think I should know him again. I do not remember
having heard him called by his name. The room he took was a two-pair
back room.

This witness was not cross-examined.

Re-called.--While this person occupied the room, I heard persons
frequently go up stairs.

MARY ROGERS, the aunt and mistress of the last witness, examined by
Mr. Gurney.--The room was let by my maid while I was out. After the
lodger had been in the house for a week, I said to Mr. Brunt, “You
have brought a lodger.” He said, “Yes, I have, and I hope he will pay
you. I know nothing of the man, but seeing him at a public-house, and
seeing him want a room.” He said he was a butcher out of work. He paid
me for four or five weeks. I cannot say whether he ever slept there;
he did not to my knowledge. I and my maid in the evening saw three men
coming up stairs. The one in the middle was a black man. The light from
my room was on their faces. At other times I heard persons going up
stairs, but took no particular notice.

This witness was not cross-examined.

JOSEPH HALE, a young lad, the apprentice of Brunt, examined by Mr.
Gurney.--I am apprentice to Brunt. I have served two years and better
of my apprenticeship. I lived with him in Fox-court. I remember a
person coming to lodge there in January. His name was Ings, a butcher.
Brunt and he looked at the room. Brunt said, “It will do; go down and
give them a shilling.” After that Ings used to come to the room. The
key was mostly left in the front room, and Ings used to come there for
it. Persons used sometimes to come to the room before my master was
taken up. This was every evening. I saw different persons. They were
Ings, Tidd, Thistlewood, Bradburn, Edwards, Hall, Potter, and Strange.
I remember a man named Adams: he came. Davidson, the black man, came
also. Others used to come, but I do not recollect them. They used to
stay nearly about two hours. There was no furniture in the room that
ever I saw. They used to take chairs in, out of the front room. I did
not hear any of their conversation. They used to call Thistlewood
sometimes T., his initial, and sometimes Arthur. I once saw the door
of Ings’s room open, and saw some long poles, like branches of trees
cut rough; I suppose about twenty of them. I sometimes heard hammering
and sawing in the room. My master was taken on Thursday, the 24th of
February. On the Sunday before that there was a meeting in the room.
There were more that morning than ever I had seen come up before.
All the persons whom I have named were there that morning. After the
meeting broke up I saw Strange in my master’s room. There was no
meeting on the Monday evening. There was no meeting on Tuesday. On the
Wednesday there were several persons going in and out. Some of them
came into the front room, where I worked. They got some pistols, and
were putting new flints in them. There were five or six pistols. One of
the men said there were people overlooking them from the next house,
and Brunt told them to go to the back room. Strange and a man whom I
did not know were the men who had the pistols. I cannot say how many
I saw go in and out. I saw Thistlewood that day. In the afternoon he
asked me for a sheet of writing-paper. I gave him one. He took it, I
believe, into the back room.

My master after this came out of the back room, and desired me to get
six sheets of cartridge paper. He gave me sixpence. I bought the paper
and gave it to him, and he took it into the back room. This was about
four or five in the afternoon. I heard people going down stairs between
five and six. My master was in and out several times. He went away
finally about six. There was a man went with him. It was not one of
the men I used to see there. A table had been taken that day from my
mistress’s room to the back room. I wanted the table, and went for it.
I knocked at the door, and Potter opened it. There were four or five in
the room besides Potter. After my master was gone, I saw Tidd between
seven and eight. Mrs. Brunt called him, and he came into her room. She
showed him a pike-head and a sword. She asked him what she should do
with them. She then gave them to him, and he took them out of the room
into the back room. After this I heard some persons go down stairs.
Tidd left a message, that if any persons called they should be sent
to the White Hart. Some persons did call on my master, and I went to
show them to the White Hart. Potter came, and he went. He knew the way
himself. There were three came to whom I shewed the way.

My master came home that night at about nine o’clock. I observed his
dress was dirty. He appeared confused. I heard him say to his wife, it
was all up, or words to that effect. He said that where he had been,
a great many officers had come in. He said he had saved his life, and
that was all. Just as he said this, another man came in. I do not know
that man. Brunt shook hands with him, and asked him if he knew who had
informed. The man said, no. The man then said, he had had a dreadful
blow on the side, which knocked him down. Brunt then said, “There is
something to be done yet.” After this Brunt and the other man went
away together. Mrs. Brunt and I after this went to Ings’s room. I saw
several rolls of brown paper with tar in them. I saw only one pole
remaining. I saw something rolled up, and tied round with strings. I
understood them to be hand-grenades. I saw an iron pot belonging to
Brunt. My master came in about eleven o’clock. He told me to get up
in the morning as soon as I could and clean his boots. They were very
dirty. He called me in the morning at half past six, and when I got up
he asked me if I knew the Borough. I told him yes. He then asked if
I knew Snow’s-fields. I said no. He then went into the back room and
put the things out of the cupboard into two baskets; one of which was
afterwards put into a blue apron belonging to Mrs. Brunt. This apron
had before this been as a curtain in Ings’s room.

My master told me that Potter lived in Snow’s fields. When we had the
baskets ready, two officers came in and took my master into custody.
I knew where Tidd lived. He lived in the Hole-in-the-Wall-passage,
Brooks’-market. Adams lived next door.

Cross-examined by Mr. Adolphus.--My master is a journeyman shoemaker:
not a very poor man. Adams is also a shoemaker. Ings had the lodgings
five weeks. I believe they had meetings there every night. I thought
there were about twenty persons there on the Sunday. I know some of the
prisoners. Strange is a boot-seller--selling boots in a shop. Edwards
was an artist. Edwards was there very often: oftener than Adams--almost
every day. Hall was a journeyman tailor, I believe. I don’t know where
he lives. I cannot say how many persons were there at one time on
Wednesday. The baskets used by my master were rush baskets. As near as
I can guess there were about twenty poles. They were branches of trees
in a green raw state. I believe they kept a fire in Ings’s room. I do
not know whether the poles were cut up to light the fire or not.

THOMAS SMART examined by Mr. Littledale.--I am a watchman of the parish
of St. George, Hanover-square. I was on watch on the south side of
Grosvenor-square, on Tuesday the 22d of February. I went there about
eight o’clock. About half-past eight I saw four suspicious men walking
the square. I thought they were after no good; one of them was a dark
man, and the other a tall man. I watched them. They were looking down
the areas. Charles Bissix’s box is at the west side of the square.

Cross-examined by Mr. Curwood.--It was not a very uncommon thing to see
suspicious men walking about.

HENRY GILLAN examined by Mr. Bolland.--I am a servant to Mr. Whittle,
apothecary, at 15, Mount-street, Grosvenor-square. I sometimes use
the Rising-sun public-house. It is in Charles-street, which runs into
Grosvenor-square and Mount-street. I was there on Tuesday the 22d of
February. I saw that short man (pointing to the prisoner Brunt) there.
There was a tall man with him. They had some bread and cheese and
porter. There were dominos on the table, and the short man challenged
me to play with him. I played two games with him, and left the house
before ten, leaving them there.

JOHN HECTOR MORRIS examined by the Attorney-General.--I am a journeyman
cutler to Mr. Underwood, in Drury-lane. I remember on Christmas-eve
a man brought a sword to my master’s shop. The man was habited like
a butcher. He drew the sword from under his smock-frock, without a
scabbard. He wished to have it ground sharp, particularly at the point.
He said to put the name of Inns on it; but I am hard of hearing, and it
might be Ings. He called for it in a few days. In about a fortnight he
brought another sword to have it sharpened in the same way. It was much
longer than the other. [Here the witness identified the prisoner Ings
as the man who brought the swords.] I should know the swords again.

EDWARD SIMPSON examined by the Attorney-General.--I am a corporal major
of the 2nd Regiment of Life-Guards. I know a person named Harrison. He
was in the Guards. (Here he identified Harrison.) He was discharged in
1814. When I knew him, he was in King-street barracks, Portman-square.
He had an opportunity of knowing them. Part of the barracks looked into
Gloucester Mews. There was a loft with five windows looking into it.
There was hay and straw in that loft; the windows had been stopped up
since the Cato-street business.

Cross-examined by Mr. Curwood.--I don’t know how many men are in
Knightsbridge barracks; they would hold about 300.

JAMES ADAMS examined by the Attorney-General.--I am a pawnbroker in
Berwick-street. I know the prisoner Davidson from his having pledged
things at my shop. He came on the 23d of February, in the morning, and
took a brass-barrelled blunderbuss out of pledge.

This witness was not cross-examined.

THOMAS HYDEN examined by Mr. Gurney.--I am a cow-keeper. I was formerly
a member of a shoemakers’ club. I knew Wilson there. I saw him a
few days before the 23d of February; he met me in the street, and
made a proposition to me. He asked me if I would be one of a party
to destroy his Majesty’s Ministers; he said they were waiting for a
cabinet dinner, and that all things were ready. He told me they had
a sort of things which I never saw; they were called by the name of
hand-grenades,--and, he said, he depended on me to be one. He said
that Mr. Thistlewood would be glad to see me, if I would be one. He
said, the use to be made of the hand-grenades was to be put under the
table, at the cabinet dinner, with the fuse alight, and those who
escaped were to be destroyed by the sword or some other weapon. He
also said that fires were to be lighted, and the town to be kept in
confusion for several days, till the thing became general. He named
some houses. Lord Harrowby’s, Lord Castlereagh’s, Lord Wellington’s,
Lord Sidmouth’s, the Bishop of London’s, and several others which I
do not remember. I told him I would make one. This was, I believe,
four or five days before the Cato-street business. Before that I
went to Lord Harrowby’s. I do not remember the day. I followed his
Lordship in the park. I gave him a note. On Wednesday, the 23d, I saw
Wilson again. I believe it was between four and five o’clock in the
afternoon. I met him in Manchester-street, Manchester-square. He said,
“Hyden, you are the very man I wanted to see.” I asked him what there
was going to be; and he said, there was to be a cabinet dinner at Lord
Harrowby’s, Grosvenor-square. He told me I was to go to the Horse and
Groom public-house, the corner of Cato-street. I was to go in there,
or otherwise I was to wait at the corner until I was _shoved_ into a
stable close by. I asked him the hour, and he said about half past
five or a quarter before six. I then asked him how many there were
to be, and he said twenty or thirty. I asked him, was that all there
was going to be? and he said, there was to be another party in the
Borough, another in Gray’s Inn-lane, and another in Gee’s-court, or
in the city. He said, all Gee’s-court were in it; but they would not
act till after the English began, as they had so often deceived them
before. Gee’s-court is inhabited by Irish. It is at the St. Giles’s
end of Oxford-street. He also said there was a gentleman’s servant
supporting them with money; and, if they would act on the subject, he
would give them a great deal more. He asked me if I had a gun; and I
said yes, but it was only a _rubbishing_ one. He then said they would
provide me with a gun, and something to work with. There were, he also
said, two pieces of cannon in Gray’s Inn-lane, which they could get by
breaking in a small door. He said there were four pieces of cannon in
the Artillery Ground, and they could be very easily taken, by killing
the sentinel. After they left Grosvenor-square, they were to meet near
the Mansion-house. I was told to come to my time, or the thing would be
done before I came.

I went to John-street that evening; it was nearly seven o’clock. The
entrance to Cato-street is a little gateway from John-street. When I
got there I saw Wilson and Davidson; I had seen him (Davidson) before.
Davidson said I was come, and he asked me if I would go in. I said no,
as I was going somewhere else to look for some cream. He said if I
would go in, Mr. Thistlewood was there. I asked him what time I should
be there, and he said eight o’clock. If I were not there in time, he
said, I was to follow them down to Grosvenor-square, and, at the fourth
house from the corner, at the bottom of the square, I should find them.

Cross-examined by Mr. Adolphus.--I am not certain whether the
first conversation I had with Wilson was before the Sunday, before
the Cato-street business. I am not quite certain. It was four
or five days before. I am not able to say what day I gave the
information to Lord Harrowby. It might be a day or two before I saw
Wilson in Manchester-street. The conversation with Wilson was in
Manchester-street; we were walking up and down the street.

A note was here put into witness’s hand, which he said was the one
given by him to Lord Harrowby. It was in his own hand-writing.

Cross-examined.--The reason why I gave the note to Lord Harrowby was,
because I could not see Lord Castlereagh.--I did not call at Lord
Castlereagh’s house, but I went three or four times near the house,
in order to see him. I did not see him, and then I gave the note to
Lord Harrowby. I am certain that in Wilson’s conversation with me, the
words, “His Majesty’s Ministers,” were used.

The EARL of HARROWBY examined from the bench by the
Attorney-General.--I reside in Grosvenor-square, on the south side,
near Charles-street, next door to the Archbishop of York’s. I am a
Privy-Councillor, and one of his Majesty s Ministers. I am President
of the Council, and one of the Cabinet. On the 23d of February last,
I intended giving a cabinet dinner; I think it was on Wednesday, the
23d. Only those who compose the Cabinet are invited to Cabinet dinners.
I believe the invitations went out the latter part of the week before,
but my head servant can speak to that more correctly. Invitations were
sent to the Lord Chancellor; to the Earl of Liverpool, the First Lord
of the Treasury; to Mr. Vansittart, the chancellor of the Exchequer;
to Earl Bathurst, the Secretary of State for the Colonial department;
to Lord Sidmouth, the Secretary of State for the Home Department; to
Lord Castlereagh, the Secretary of State for Foreign Affairs; the Duke
of Wellington, Master General of the Ordnance; Mr. Canning, the First
Commissioner of the India Board; Mr. Robinson, President of the Board
of Trade; Mr. B. Bathurst, Chancellor of the Duchy of Lancaster; Mr.
Wellesley Pole, the Master of the Mint; and the Earl of Mulgrave; all
these are Privy-Councillors. They are employed in the different offices
I have mentioned, and also form what is called the Cabinet. In common
parlance they are called his Majesty’s Ministers. On the Tuesday before
the intended dinner, I was riding in the Park without a servant. It
was about two o’clock. I went to a Council at Carlton-House. I am not
positive as to the hour. As I came near Grosvenor-gate a person met me,
and asked me if I was Lord Harrowby. I said, yes. He said he wished to
give a note to Lord Castlereagh, which was of considerable importance
to him and to myself. He then gave me a letter. After some further
conversation, he gave me a card, with his address. I saw the man again
by appointment on Wednesday morning in the ring, among the young
plantations in Hyde-Park. The dinner did not take place at my house
on Wednesday. The preparations went on as if the parties were to dine
together, until I wrote a note from the Earl of Liverpool’s to my head
servant, to say the Cabinet would not dine there. It would be seven, or
half past, at which the party would dine.

_Wivell Del^t._      _Cooper Sculp._

JOHN MONUMENT.]

Cross-examined by Mr. Curwood.--I had some general knowledge of
some conspiracy, or something of the kind, going on before this. I
do not know a person named Edwards. We had some general information
a considerable time before this, that some plan was in agitation,
but we did not know the time at which it was to take place, or the
particulars. I will not say to two months. It was some considerable
time before this.

JOHN BAKER examined by the Attorney-General.--I am butler to Lord
Harrowby. The cards of invitation were issued for the cabinet dinner on
the 18th, or 19th. It was about eight in the evening of the 23d when
I first knew that the Cabinet were not to dine at my Lord Harrowby’s.
The preparations for it went on till then. The Archbishop of York lives
next door to my Lord Harrowby’s. I can’t say whether his grace had
company on the 23d of February. I noticed several carriages draw up at
his door.

JOHN MONUMENT examined by the Solicitor-General.--I am by trade a
shoemaker. I generally live near Brooks’-market, but I am now a
prisoner in the Tower. I know the prisoner Thistlewood. I met him at
the house of one Ford some weeks before the transactions of the 23d
of February. He afterwards called upon me at my lodgings. He was not
alone. Brunt was with him. He told me that he wanted to speak with me
in private. In consequence I went out of the room with him, my mother
and brother being at that time in the room with me. Brunt staid behind
when I went out. Thistlewood then said to me, “Great events are now
close at hand--the people are every where anxious for a change. He had
been promised support by a great many men, who had deceived him, but
he had now got men who would stand by him.”

He then asked me if I had any arms. I said, “No, I had not.” He said,
that every man of them, that is, of those who were attached to him,
had arms, pikes, pistols, or sabres; and added, that I might buy a
pistol for four or five shillings. I said that I was too poor to buy
one. He replied, that if such were the case, he would see what could
be done for me. Brunt called upon me again in four or five days. He
said, that he could not stay long with me; there were several more men
of his trade waiting to see him on this business, and he must call on
them. I did not see him afterwards for some time. He called, however,
again upon me on the Tuesday previous to the 23d. I then told him
that I thought I had lost him, as he had staid away so very long. He
replied, that owing to the King’s death, an alteration had taken place
in their plans. I asked what those plans were. He said that I should
know them better at a meeting to be held the night afterwards, than
he could tell me. I asked him where the meeting was to be. He said at
Tyburn-turnpike. He did not tell me what was to be done there.

I asked him if I was to see any persons there how I was to know them
as friends, and requested him to give me the word. Brunt then told
me, that if I saw any persons about, I was to say B-U-T; and if they
were friends, they would say T-O-N. He would, however, call on me the
following morning, and tell me more particulars.

On the Wednesday afternoon, between four and five, he did call again:
he came by himself. He called me down stairs, and asked me if I was
ready to go. I said, “No, I have got some work to do, and it must be
done before I go.” He asked me how long it would be before it was
finished. I said, that it would be done about six o’clock. He then
said, that he could not wait for me so long--that I must therefore come
to the place appointed along with the man to whom he had introduced
me; that man’s name was Tidd. He charged me not to be later than six
o’clock, as Tidd had others as well as myself, to take with him to the
place of meeting.

I went to Tidd’s at half-past six, who complained that many men had
disappointed him. We waited till seven, but no person came. Tidd then
went into a corner of the room, took out a large pistol, and stuck it
in a belt, which he wore round his waist. He also took out four or five
pike-heads, which he wrapped up in brown paper. He took also several
shafts, four or five feet long. We then went out, along Holborn, and
up Oxford-street. I asked him, in his room, where we were going. He
said to a room in a mews in John-street, Edgware-road. When we got into
Holborn, he gave me the pike-shafts, and told me to take care of them.
I asked him again, as we were going along, where we were going; and
wanted to know whether it was to the House of Commons. He said, “No,
there were too many soldiers near there.” I again pressed him on the
subject, and he said that they were going to Grosvenor-square, as there
was a cabinet dinner there that evening. I did not ask him any more
questions; for on his saying that, I was satisfied for what purpose
they were going.

We then went to Cato-street. Under the archway I saw two men, whom Tidd
appeared to know. He spoke to them; and, after a few moments we all
went into the stable together. There were in the loft and stable about
twenty-four or twenty-five persons. I had not been there long when some
one proposed to count the numbers assembled. Thistlewood replied, that
there was no occasion to do so, as he knew that there were about four
or five and twenty persons in the room. There was a person in a brown
great coat sitting on a carpenter’s bench, who spoke of the impropriety
of going with so small a number to Lord Harrowby’s. Thistlewood
replied, there were quite enough of them. He only wanted thirteen to go
into the room, and supposing Lord Harrowby to have sixteen servants,
that number would be quite enough to master them.

The man in the brown coat said, “After we have done, there will be a
crowd about the door, how are we to make our escape?” Thistlewood said,
“You know the larger body is already gone to arrange matters; we, the
smaller, are left to do the business.” Davidson then blamed the tall
man in the brown great coat for throwing cold water on the plan, and
added, that if he was afraid, he might as well go away. Brunt said,
“Rather than give up the business, I will go to the house and blow
it up, though I perish myself in the ruins, for you know we have got
that which can easily do it.” The man in the great coat then said, as
they were all for it, he would not oppose it. He then proposed that
all in the room should put themselves under the orders of Thistlewood.
Upon which Thistlewood said, that all engaged in the business were
equal, and should have the same honour as himself, and proposed that
fourteen should volunteer to go into the room at Lord Harrowby’s. Those
that volunteered were to range themselves on the side in which the
fire-place stood. They did so in the course of a few minutes. Whether
they were exactly fourteen I don’t know.

I heard nothing said of what the rest were to do. On somebody asking
that question, Thistlewood replied, that they all knew their places.
Thistlewood then went out for a few moments. On his return, he said
that he had received intelligence that the Duke of Wellington and
Lord Sidmouth had arrived at Lord Harrowby’s. I was myself taken into
custody in the room.

Cross-examined by Mr. ADOLPHUS.--I never saw Thistlewood till I saw him
at Ford’s. I attended at the meeting in Finsbury-market. I was so far
off that I could not tell whether Thistlewood was there, nor even the
purpose of the meeting. There was no particular acquaintance at that
time between me and Thistlewood. I did not then know Brunt or Edwards.
There was a long interval between my first and second conversation with
Brunt. I thought that they had done with me, finding me so reluctant
to join in their measures. The man in the brown coat was not Adams. I
have seen Adams since, at Hicks’s Hall. The room was much crowded--the
parties in it were eating bread and cheese. I do not know that I ever
saw Adams before I saw him at Hicks’s Hall. I recollect the prisoner
Davidson from his colour. If any person had addressed them besides the
man in the brown coat, I must have heard him. I was taken in the room
when the soldiers came. I had no arms. I made no resistance.

Re-examined by the Solicitor-General.--I was nearly the last person who
entered the room. I was there nearly a quarter of an hour before the
officers came. I was unacquainted with every person in the room except
Thistlewood, Brunt, and Tidd. It was candlelight. On the bench were
swords, pistols, and blunderbusses. When I was brought up to Whitehall,
I was handcuffed to Thistlewood; who advised me, when I came before
the Privy-Council, to say that I had been brought to Cato-street by
Edwards. I asked him how I could tell such a falsehood, when I had
never seen such a man as Edwards in my life. He said that was of no
consequence. If asked what sort of a man he was, I was to say, he was a
little taller than myself, and dressed in a brown coat.

By a Juryman.--I have had no communication with Adams since my
apprehension.

By the Solicitor-General.--I never saw him except when I was brought up
as a witness to Hicks’s Hall.

THOMAS MONUMENT.--I am brother to the last witness. I remember
Thistlewood calling upon my brother. He brought Brunt with him. They
did not stay in the room more than five or ten minutes. Thistlewood
then asked my brother if he might speak with him. On my brother’s
replying yes, they went out together for ten minutes. They then
returned; and Brunt and Thistlewood went away.

On the Tuesday before the Cato-street business, Brunt called again on
my brother, with a man named Tidd. My brother said, “Brunt, I have not
seen you for so long a time, that I thought I had lost you.” Brunt
said, “The King’s death had made some alteration in our plans.” My
brother asked what those plans were. Brunt said, they had different
objects in view. Brunt asked my brother to meet him at Tyburn-turnpike
that evening, when an outline of their plan should be given to him.
Brunt said that he ought to be there at six o’clock: if he saw any
persons about, he should say, B-u-t, and if they were of their party
they would say, t-o-n. They did not press me to go, but spoke only to
my brother. I did not go. Brunt called at five the next evening for
my brother to go. He said, he could not go then, as we had work to
do. Brunt then bade my brother call on Tidd, at the Hole-in-the-wall
passage, at seven. He did so, as I was informed.

Cross-examined by Mr. Curwood.--Not suspecting that any mischief was
going on, I was not anxious to know to what the conversation of my
brother and Brunt referred. I thought that it might perhaps relate to
some club-dinner.

THOMAS DWYER examined by Mr. Gurney.--I live in Cheese-court,
Oxford-street. Some time in February I became acquainted with Davidson.
He introduced me to Thistlewood. We went together to a public-house
at the end of Molyneux-street, not far from Cato-street. This might
be about the 9th, 10th, or 11th of February. Thistlewood said nothing
particular to me at that time. He observed, that he had been in four or
five revolutions, and that Ireland was in a disturbed state. I am an
Irishman. Thistlewood said, that he had a good many of my countrymen
with him. He pressed me to go with him also.

I saw Davidson on the night before the 23d. He told me that he was
going to stand sentry. The next morning I was called upon by a person,
who took me to Fox-court, Gray’s Inn-lane. He was a tall man, and his
name is Harrison. We went into a two-pair back room; the room door was
locked. He knocked at another door, and a woman gave him the key. He
opened the door, and we entered.

There was a cupboard in the room, out of which was taken a ball,
wrapped up in yarn. Harrison told me the purpose for which it was
intended, and called it a grenade. Shortly afterwards Thistlewood,
Davidson, and a few more, came in. Davidson had a blunderbuss, a pair
of pistols, and a bayonet, in his side pocket. Others also came in, but
I did not know their names. [The witness was here told to look into the
dock, and see if he could identify any of the prisoners as being then
present. He instantly identified Brunt.] On Davidson’s saying that he
had only given twelve shillings for his pistols, Brunt said he would go
out and buy a pair.

I had some conversation with Thistlewood about the hand-grenades.
Thistlewood said, that some of them were to be thrown into the
horse-barracks, and others into Lord Harrowby’s house, to set fire to
it, and blow it up. Thistlewood asked me how many of my countrymen
I could muster, as he should want some of them at half-past eight
that evening. I told him that I could muster about twenty-six or
twenty-seven. He told me that they, meaning himself and friends,
were to assemble at the Horse and Groom; and ordered me to be at
the Pontefract Castle, at the end of Barret’s-court, a house much
frequented by Irishmen. He told me that I was to pick out the best of
my countrymen, and go to the Foundling Hospital, knock at the porter’s
lodge, put a pistol to his breast, and turn on to the right hand, as
there were twenty-five or twenty-six stand of arms in the other lodge:
these I was to seize. At the same time another party would secure
two pieces of cannon which were in the Light Horse Riding-School,
Gray’s Inn-lane. Another party was in the meantime to go to the
Artillery-ground, Finsbury, and seize what was there. He also mentioned
that there was to be a cabinet dinner at Lord Harrowby’s, and that the
party there were to be attacked.

After this, I saw a bundle, containing gunpowder, taken out and laid
upon the floor; a tin measure was produced, and several smaller woollen
bags were filled with it. This was done by Harrison. I afterwards heard
Thistlewood give directions generally to them all. He said that a dozen
pike-handles were to be taken to Mary-le-bone, some others to Finsbury,
and some elsewhere. I was asked, but refused, to take some of them. I
saw a bag; and the powder which had been measured out, and also the
grenades, were put into it.

I heard directions given to a man by Harrison, to take something to the
Horse and Groom, at the end of Cato-street. In the mean time another
person went out to get the pike-handles. I got back to my own place at
twelve o’clock. I told Major James of what I had seen and heard: in
consequence of what he said, I went to the Secretary of State about
one, or half-past one o’clock that day.

Cross-examined by Mr. Curwood.--I am a bricklayer by trade. I never,
before the month of February, saw Davidson. Davidson introduced me
to Thistlewood on the ninth of that month. They did not know me, and
I did not know them, yet I was let into their secrets on the morning
of the 23d of February. I have lived fifteen years in the parish of
Mary-le-bone, with a good character, and yet all of a sudden a band of
traitors intrusted me with their traitorous designs. I told them that
it was a hard thing to inveigle men into a scheme like theirs, and
doubted whether I should be able to accomplish it. Though I expressed
this doubt, I was sent to the Foundling Hospital to take the arms.
I acceded to their proposal at the time, but had no intention of
executing it. I do not know a man of the name of Hugglestone. I never
was in a court before, except on the trial of a woman for stealing. I
was in Ireland at the time of the rebellion. I cannot tell how old I
was then.

GEORGE KAYLOCK examined by Mr. Littledale. I live at 22, Cato-street.
I saw Harrison and another against the stable-door in Cato-street,
at five o’clock on the 23d February. I asked Harrison how he did. He
replied, pretty well; he had taken two rooms there, and was going to do
them up. Between five and seven o’clock I saw more than twenty people
go in at the stable-door.

RICHARD MONDAY examined by Mr. Littledale.--I live at 23, Cato-street.
About twenty minutes after four, on the 23d, as I was coming from my
work, I saw Davidson standing under the archway. I knew Davidson, from
seeing him with Firth, the cow-keeper. I went home and got my tea. I
came out again at twenty minutes past five, and went to a public-house.
On leaving it, I saw Davidson going into No. 1 for a light. In going
into the stable, into which Harrison admitted him, he stooped for a
bundle, and I then observed that he had two belts on, one across his
shoulder, and the other round his waist; in that round his waist, on
the left side, two pistols were inserted; on the other a sword was
suspended, which jutted out considerably. The place where they met is
a stable, belonging to General Watson; it has lately been used as a
cow-house by Firth. There is a chaise-house, and a stable below, and a
loft, with two rooms above. One of these rooms has a window, the other
is dark. I observed, in the course of the afternoon, that something
like a coarse matting was hung over the windows, and the partition in
the stable-yard.

ELIZABETH WESTALL.--I live at No. 1, Cato-street. About three o’clock
I saw a man go into the stable with a sack on his shoulder. About six
o’clock I went out, and saw a man of colour standing by the stable. I
was much alarmed by that circumstance, thinking that the stable was
unoccupied. I was out ten minutes. Shortly after I returned, the man
of colour came into my house, and asked me for a light. I gave him a
light. He then went back to the stable where I had seen him at first.

GEORGE RUTHVEN, the police-officer, was then examined by Mr. Bolland.

I went, on the 23d of February, to Cato-street. Three others were to
meet me there. When we were all assembled we were about twelve of us.
I went into the stable, and saw a man with a sword by his side, and
a blunderbuss on his shoulder. I saw one man below, and I have some
faint recollection that I saw another. The whole of my party followed
me into the stable. On seeing the man with the blunderbuss on his
shoulder, I told some of the party to secure him. I went up a ladder,
which led to a loft.

When I got there I saw several men; heard the clattering of arms, and
saw swords and pistols. Three or four of my party went up with me. I am
sure that Ellis and Smithers were with me. From the view which I had
of the place, I think there were 24 or 25 persons present. The size of
that room is 15 feet, five one way, and ten feet ten the other. There
are two rooms adjoining this, separated by doors. When I got into the
room, I said, “we are officers; seize their arms.” I saw in the room
Thistlewood, whom I have known for four or five years.

Thistlewood was standing, at the time we entered, at the right hand
side of the table, near the door of the little room. On my saying, “We
are officers,” he seized a sword, which was drawn, and retreated to
the little room. The sword was a very long one, and rather bright. He
stood in the entry of the door fencing, to prevent any one’s approach.
Smithers approached him. Thistlewood stabbed him, and Smithers fell,
saying, “Oh, my God! I’m done,” or something to that effect. Somebody
from the corner of the room where Thistlewood stood said, “Put out the
lights--kill the b----rs, and throw them down stairs.” The lights were
then put out; I joined in their cry of “kill them,” and rushed down
stairs.

I did not observe any thing till I got into John-street, where I met
the soldiers, whom I brought. Several shots were fired from the corner
of the room where Thistlewood was standing; I think down the stairs.
On arriving a second time at the stable, I met Tidd grappling with one
of the military. I secured him. I was afterwards in the public-house,
(Horse and Groom) and saw Bradburn brought in. On him were found six
ball-cartridges and three balls. Davidson and Wilson were brought in.
Davidson sang a song. I then went back to the loft, and found there,
Shaw Strange, Cooper, Monument, and Bradburn. I saw arms in the hands
of several persons. I found two swords and a bag. The bag contained
ten hand-grenades. I also found balls and fusees. They were brought to
Bow-street, and remained since in possession of an officer. Afterwards
I went to the Horse and Groom. I had seen Cooper there, with a stick,
and Gilchrist came back for it, but did not get it. I observed it cut.

Cross-examined by Mr. Adolphus.--Thistlewood had not been much out of
sight since Watson’s trial. Witness had seen him five or six times. He
had a motive for it. It was not for this purpose, that he was aware
of. There were four or five Edwardses, officers with him, but he was
not aware that Edwards, who had been concerned in this business, was
connected with any of them. He knew nothing further, than that he was
directed to watch Thistlewood.

JAMES ELLIS, by the Attorney-General.--Went with the other officers
to Cato-street on the 23d of February; he went in immediately after
Ruthven. He saw two men, one having on two cross-belts; either in
his right or left holding a carbine, in the other a sword. Witness
observed, that he was a man of colour. The other person was between
the foot of the ladder and the stall next to it, for there were three.
He followed Ruthven up as close as he could. The man of colour said
something ending with “men.” He heard the men above rushing back behind
the carpenter’s table, and a noise like fencing with swords. There
might be twenty or twenty-five men. Ruthven said, “We are officers,
seize their arms, or surrender your arms.”

Witness had not known Thistlewood before, but he was satisfied it was
he who menaced with the sword. Witness had before held forward his
staff of office; he now presented a pistol, and desired him to desist,
or he would fire. Smithers then gained the top of the ladder, and
advanced towards the little room. Thistlewood struck him with the sword
near the breast. Smithers fell back, held up his hands, and exclaimed,
“O, God!” Witness fired on Thistlewood, and Smithers staggered towards
him. The candles were put out, and the witness was forced down. He
stood at the door to the street. Several shots were fired: some balls
passed him. On going out he heard a cry. Saw a man running towards
Queen-street, with belts on. He secured him. It was Davidson, the man
of colour. He had a carbine in the one hand, and a sword in the other.
He afterwards assisted in securing four, to whom he could not speak
positively.

Cross-examined by Mr. Curwood.--He was a constable, and had the
warrant. He had a part in conducting the officers; but Mr. Ruthven was
there.

WILLIAM WESTCOTT had part in conducting the patrol at Bow-street, and
was a constable. He was down in the stable the whole time, and heard
firing on the loft. He saw Ings in the stable, who wanted to rush out,
while the other officers were up. Witness and Ings had a contest. There
was terrible confusion in the loft; some came tumbling down, and some
singly. He knew Thistlewood. There was a light. Thistlewood fired at
witness. Three holes were in his hat by balls. Witness rushed towards
Thistlewood, when he was struck down. Thistlewood then made a cut at
him with a sword, and ran out. Witness was wounded in the back of his
hand with one of the balls, as he had held up his hand to protect his
head.

HUGH NIXON, one of the Bow-street officers, saw Ruthven, Ellis, and
the deceased go up the ladder. He went up, and saw Ellis fire. There
was a rush down, and he saw a man fire a pistol; he rather believed it
was Thistlewood. Ings was pursued and brought back. Witness found a
sword in the stable, and a bayonet up stairs.

JOHN WRIGHT, a patrol of Bow-street, was one of the officers who went
to Cato-street. They mustered at the Horse and Groom. He saw Cooper
having a broom-stick, and another coming to drink beer. Cooper left
the stick. Witness took a sword and a knife from a man who was in the
stable, near a stall. That moment he was knocked down, and received a
stab in his side. Wilson and Bradburn were afterwards taken. Witness
found about two dozen ball-cartridges in Wilson’s pocket, and a pair of
scissors; and found two haversacks on his sides.

WILLIAM CHARLES BROOKES, a patrol, being directed by Mr. Birnie
towards persons passing, saw Ings, and a person in front of him with
a cutlass, and spoke to them. Ings fired, and slightly wounded him on
the shoulder. Witness staggered into the road. Ings went off towards
the Edgware-road. Witness pursued. Ings threw away the pistol. Moy took
him. Witness asked him why he had fired at him, a man whom he had never
seen. He said, “I wish I had killed you.”

Ings.--“Pray, my Lord, am I not allowed to ask any question?”

Court.--“You are not on your trial at present.”

Witness stated, that two haversacks, a knife-case, and a tin box, three
parts full of powder, were found on Ings.

GILES MOY confirmed this evidence, so far as he was concerned.

ROBERT CHAPMAN, one of the Bow-street officers, went to Cato-street;
saw Ings in the stable, and heard him say, “Look out, above.” Witness,
in the watch-house, took from Ings a knife-case, two balls, and a
pistol-key. He saw one running through the stable with a sword in his
hand.

CAPTAIN FITZCLARENCE appeared on the right of the bench, and said, he
was a lieutenant in the Coldstream Guards; he went with a piquet to
John-street on the 23d of February, about eight in the evening. On
hearing reports of pistols, they went to Cato-street. He was directed
by a police-officer to the stable. He met two men at the door: the man
on his right cut at him with a sword, the other man presented a pistol.
He got in and seized a man, who called out, “Don’t kill me, and I will
tell you all.” He gave him in charge, and then secured another man in
one of the stalls. On going up stairs, he secured three, four, or five
persons. He fell against the body of poor Smithers, who was lying dead.
He saw several arms.

SAMUEL TAUNTON, a Bow-street officer, went to Brunt’s lodgings,
searched the front and back rooms, and found two baskets. Brunt, who
was in the front room, and had been previously taken into custody,
said, he knew nothing of the baskets. The room did not belong to him
in which they were; it was the back room. In the same room there was a
pike-staff and an iron pot. Witness sent for the landlady, Mrs. Rogers.
She said, her niece had let the back-room to a man she did not know.
Brunt, said, it was a man at the public-house, and he did not know his
name.

Witness then went to Tidd’s, in the Hole-in-the-Wall passage, near
Gray’s Inn-lane. There he found a box full of ball-cartridges, 965
in number; he found ten grenades, and a great quantity of gunpowder.
He found, in haversacks, 434 balls. He found also sixty-nine
ball-cartridges, and about eleven bags of gunpowder, one pound each.
The grenades were in a wrapper. In one of the baskets at Brunt’s were
nine papers of rope-yarn and tar; in the other, three of the same, two
flannel bags of powder, one pound each, and five empty bags, a paper of
powder, one leathern bag, with three balls in it. They were all here.

Cross-examined by Mr. Adolphus.--This was on the 24th. Brunt had been
in custody before. Tidd was absent.

DANIEL BISHOP, a Bow-street officer, went on the morning of the
24th, with other officers, to apprehend Thistlewood, about ten
in the morning, to Whitecross-street, Moorfields. The house was
kept by Harris. He received a key from Mrs. Harris, which opened a
ground-floor. There he saw Thistlewood, who thrust his head from under
the clothes in bed; the shutters were shut. Witness told his name
and business, and, having a sword in one hand, and a staff in the
other, threw himself on the bed. Thistlewood said, he would make no
resistance. He had his breeches on, in the pockets of which they found
two balls, two cartridges, and some flints. They also found a small
silk sash.

Cross-examined.--A man of the name of Edwards did not go, nor any who
knew where Thistlewood was.

LAVENDER produced and identified the belt found in Thistlewood’s
coat-pocket.

RUTHVEN produced the pike-staff, grenades, _&c_.

All the soldiers and officers who had any of the articles seized were
now arranged behind the witness-box, and handed to Ruthven their
several charges, and Ruthven laid them on the table. A pike was
screwed on a staff, and handed to the Jury. The whole of the frightful
apparatus was now exposed to view. Guns, blunderbusses, carbines,
swords, pistols, pikes, sticks, cartridges, bullets; even the pot in
which the tar was boiled,--all were produced and identified.

The fire-arms remained loaded till produced on this occasion, when the
charges were drawn; they were loaded with ball. One of the grenades had
been given to a person by an order of Colonel Congreve to be examined.
The production of Ings’s knife excited an involuntary shudder; it was a
broad desperate-looking weapon.

The Jury inspected the arms separately, and particularly the pikes,
the construction and formation of which have already been minutely
described. The whole had a most formidable appearance.

JOHN HECTOR MORRISON, servant to Mr. Underwood, cutler, in Drury-lane,
was re-called, and looked at two swords, which, he said, were the same
he had ground for Ings.

Serjeant EDWARD HANSON, of the Royal Artillery, examined by Mr.
Gurney.--I examined one of the grenades produced to me at Bow-street;
it is composed of a tin case, in the form of a barrel, in which a tube
is soldered. The case contains three ounces and a half of gunpowder.
The priming in the tube is a composition of saltpetre, powder, and
brimstone. The tin was pitched, and wrapped round with rope-yarn, which
was cemented with rosin and tar. Round the tin, and in the rope-yarn,
twelve pieces of iron were planted. From the lighting of the fusee to
the explosion might take about half a minute. If one of them were to
be exploded in a room where there were a number of persons, it would
produce great destruction. The pieces of iron would fly about like
bullets.

[The witness here opened another of the grenades for the satisfaction
of the Jury; it was composed in the manner already described. The
pieces of iron principally consisted of old cart-nails, such as the
tires of wheels are nailed on with. The carcase, or tin-case, was
wrapped in an old stocking, and the powder which it contained was
pronounced very good.]

Witness, in continuation.--I examined one of the fire-balls; it
consisted of oakum, tar, rosin, and stone-brimstone, pounded. If one of
these was thrown into a house, and alighted on wood, it would be sure
to set it on fire. The effect would be still more certain on straw or
hay.

The Attorney-General.--“That is the case, my Lord, on the part of the
Crown.”

THE DEFENCE.

Mr. CURWOOD now rose to address the Jury on the part of the prisoner.
He commenced by stating, “That if it were consistent with a sense of
moral and professional duty, he would not have stood there to address
them. It was one of the characteristics of the profession to which he
had the honour to belong, however, and one which perhaps reflected
upon it the greatest credit, that they were not at liberty to refuse
their assistance to persons in the situation of the unfortunate man at
the bar. No man could feel more impressed than himself with the sense
of the great and weighty duty he had to perform. He felt that the
unhappy prisoner had a right to call upon him to do his duty boldly and
fearlessly, and without any consideration for the Government who were
the prosecutors on this occasion; he felt also that he had a duty to
perform to his country, by assisting in the administration of the law,
and not by any power which he possessed, if he did possess such power,
to endeavour to pervert that law. He owed something too, to his own
fair fame, which was all, his only inheritance.

“With these feelings pressing upon him, he might truly say, he was
placed in a trying and critical situation. It was fit on an occasion of
this sort, that they should know something of the man by whom they were
addressed. It could not be denied that the unfortunate transactions,
to which their attention had been so painfully directed, had arisen
out of that state of the country which they must all alike lament and
deplore. It was clear also, that while they had attachments to certain
parties, prejudices would arise which it was out of their power to
control in favour of the sentiments of those parties. With respect to
himself, although like every other Englishman, he had his feelings upon
certain points, yet he never belonged to any particular party, nor
was he in the habit of attending political meetings. With respect to
Government, he never had received any place or appointment from them,
nor was it likely that he should. In the present instance, therefore,
he had no motive to influence him in doing his duty, or at least in
endeavouring to do it fairly and honestly.

“It was due to his Learned Friends and to himself to state, that in
consequence of the lateness of the moment in which they were called
upon to undertake this arduous task, not having received their
instructions till a late hour on Thursday, that the difficulties with
which they had to cope were of no ordinary kind; and these difficulties
became the more formidable, when it was recollected that they had
arrayed against them the most distinguished talents which it was in
the power of the Crown to procure--talents not a little aided by the
advantage of study, and of a mature consideration of all the facts
of the case which they were called upon to discuss. No doubt, in the
notice which they (the Jury) had given to the Attorney-General, when he
opened this case, they had not failed to observe, and he had observed
it with unfeigned surprise, that he had not stated to them precisely
what were the points which they were called upon to try. He had indeed
stated that it was a prosecution for high treason, but he had only
defined what was the quality of the treason which he meant to impute.

“Unfortunately, there was mixed up with this transaction a great deal
for which the prisoner might hereafter be answerable, and which was
calculated to make a deep impression on the minds of the Jury; but
whatever was their opinion upon the moral guilt of the prisoner, if,
upon a review of the evidence, they should not be of opinion that he
had committed the precise offence charged in the indictment, it was
their duty to pronounce a verdict of Not Guilty. It therefore devolved
upon him to state precisely what they had to try; it was not merely a
question of high treason, but a question of a particular species of
high treason.

“The indictment was very long, and contained many things which, in the
language of the law, were called overt acts. They were not, however,
because a great body of evidence had been given to them, to jump at the
conclusion, that the substantive treason alleged had been committed.
The sorts of treason charged were four in number: the first was founded
upon the late statute of the 36th of the King, for conspiring to depose
his majesty from his imperial style and dignity. It was now nearly
400 years since that statute, to which Englishmen had been wont to
look with veneration as a protection for the dearest rights of man--he
meant the statute of Edw. III.--had been passed. There, among other
treasons set forth, was the conspiring to take away, or the compassing
and imagining, or intending to compass or imagine the King’s death--but
there had subsequent treasons started up. There was now another Act of
Parliament in existence, which embraced not merely the compassing and
imagining the King’s death; but the conspiring to depose him from his
imperial style and dignity. It was also treason to conspire to levy war
against his majesty. This was the question then which they had to try.

“First, had the prisoners at the bar conspired or imagined the death
of the King; secondly, had they conspired to depose his Majesty from
his imperial style and dignity; thirdly, had they conspired to levy war
against the King; and lastly, had they actually levied war against the
King? He apprehended that they must be satisfied that one or other of
these charges was proved, before they could find a verdict of _guilty_.

“Before he came to these topics, they would look to the probability of
the evidence which had been laid before them. The great mass which had
been adduced certainly led them to conclude that a conspiracy of some
kind had existed; but it did not follow that the substantive treason
charged in the indictment had therefore been committed. It did not
follow, as a matter of course, that the removal of the administration
of the King must be succeeded by the deposition of the Monarch himself.
Let them go by steps. There was continually in Parliament one party
endeavouring to remove another; that was to say, endeavouring to remove
the existing administration. He would admit, probably with the best
intentions.

“Would it be contended, that this removal of an administration was
necessarily connected with the deposition of the Monarch, and that
every man who attempted to effect such a purpose would be involved in
the crime of high treason?

“Again, other men might think it necessary that an administration
should be removed by violence; and this too with the most virtuous
intentions. He desired not to be misunderstood, as meaning under
that plea to justify assassination. Nothing was further from his
feelings; but all he meant to argue was, that they must not take it
as a necessary consequence that the death or destruction of a whole
administration involved the death or deposition of the King. If they
(the Jury) were of opinion that it did not involve such a consequence,
the evidence on this occasion did not support the substantive treason
laid in the two first divisions of the indictment.

“There were two other treasons, however; one was the conspiracy to levy
war against his Majesty; and the other, the actual levying of war. Now
he called upon them to look to the evidence, and see whether they could
draw from that a fair inference, that there was a conspiracy to levy
war, and that what had been done amounted to an actual levying of war.
In the detail given by the first witness, Adams, who in fact proved
the whole case--he thought there was much more for ridicule, than for
serious consideration. In his opinion, the testimony of this man was
utterly incredible, independent of the fact of his being an accomplice.

“The Attorney-General had told them that an accomplice was a necessary
witness; but though necessary, he was not of necessity to be believed.
The more atrocious the guilt in which he had steeped himself, the less
worthy he was of credit; and where a most atrocious and wicked witness
came to tell them a tale, not only improbable, but most ridiculous in
itself, would they not at once dismiss him from their notice?

“It often happened, that those who were the most ingenious in devising
and promoting mischief, were the first to become informers; and that
this was the case in the present instance, he should be enabled to
prove. They would, however, consider the evidence which had been given
by Adams to support the fact of there having been a conspiracy to levy
war against the King. They would lay out of their consideration for a
moment all that had been said of the assassination of his Majesty’s
Ministers; and they would consider the evidence as it had been given
by him to support that conspiracy. They had here everything to raise
their passions.

“They had all the materials and preparations for war before them (the
arms on the table); but what was the result of all the discussions
which took place at all the meetings of the conspirators from the 4th
of February, in which the assassination of his Majesty’s Ministers had
been repeatedly debated?

“In the cross-examination of Adams, it appeared that one of the
conspirators, Palin, had, with some degree of sense, when all those
things were talked of, asked where the men were to come from to effect
this mighty revolution? In one moment his Majesty’s Ministers were to
be assassinated!--a detachment was to go and take possession of two
pieces of cannon in Gray’s Inn-lane!--another detachment was to make
a descent upon the Artillery-Ground!--a third party were to seize the
Mansion-house, as a seat for the Provisional Government! and yet to
effect all this, what was the actual strength of the conspirators in
its most exaggerated state? Why, forsooth, forty men, two old sabres,
six shillings, and a reputed pound-note!! Where an infamous witness
told them such a story could they believe it?--was it credible? Would
they take away the life of a man under such circumstances? If it were
possible for them to do so, he could only say that they would be more
insensible than the deluded men themselves.

“Then as to the other point, the actual levying of war; what a
levying of war was, he hardly knew how to define. Lord Hale had said,
that this was a question of fact, which a Jury alone was capable
of deciding.--That learned Judge had also talked of “marching with
unfurled banners, and being furnished with military officers”--but
where were the unfurled banners here, or where the military
officers?--The only military man they had heard of was one disbanded
soldier, and the purpose to which he was to be applied was the
destruction of his Majesty’s Ministers--an act which, he contended,
even if effected, did not amount to a levying of war.--If they were
told the contrary, he was sure they would treat such an intimation as
absurd and ridiculous. Where was this great conspiracy concocted? In
a two-pair back room! Where was the battle fought? In a stable! Where
were the traitors incorporated? In a hay-loft! How were they armed?
With a few rusty swords, halberts, and old pistols!

“He would put it to the plain common sense and understanding of the
Jury, whether they would pronounce persons so assembled and so armed,
guilty of levying war against the King? It was rather a levying war
against the constables, at the very name of whom they trembled. Then,
if there was no levying of war, was there a conspiracy to levy war? The
only evidence they had of such a conspiracy came out of the mouth of
those three witnesses who were so far contaminated, that it was beyond
all doubt they had themselves been deeply implicated in the projected
assassination of his Majesty’s Ministers.”

“The question, then, for their consideration resolved itself into this
point: they would consider, even supposing that the assassination of
the Ministers was intended, whether this of necessity implied that his
Majesty was also to be deposed. If they did not think that the one must
of course follow the other, then their verdict must be “Not Guilty.” He
implored them to do their duty strictly according to law, to consider
what the law of the country was, to step neither to the right nor
to the left, but to come to a fair and impartial and unprejudiced
conclusion. He implored them to do so, not only for their own sakes,
but for the sake of the country; for if once jurymen suffered their
feelings of indignation towards one offence to lead them to admit the
existence of another of a different character, not proved, there would
be an end of the due distinctions of justice. If this man had been
guilty of another offence, there was another indictment against him, on
which he must take his trial if he were acquitted of this: and if he
were convicted under that, he would suffer the penalty of the law. But,
upon this occasion, he called upon them not to find him guilty of High
Treason, because they thought him worthy of death for having incurred
the guilt of assassination.

“In conclusion, the learned gentleman said, he would proceed to call
a witness to prove that Adams, who had been called for the Crown,
together with an accomplice of the name of Edwards, who had not been
called, were the persons who had conveyed the arms and ammunition to
the house of Tidd on the very morning they had been found there by the
Bow-street officers.”

Mr. ADOLPHUS then proceeded to call the

EVIDENCE FOR THE DEFENCE.

MARY PARKER examined.--I am the daughter of Richard Tidd; I live with
my father; I remember the police officers coming and finding some boxes
and things in our lodgings; they came about half-past eight; those
things had been in the house when they came, about a quarter of an
hour; they were brought that morning; among them were the pike staves;
it was no person in my father’s employment who brought them; he had
been taken into custody the night before; I know a person of the name
of Adams; I have seen him at my father’s; I know a person of the name
of Edwards; I have also seen him there; he has been there often; I have
seen similar things before the officers came; I believe these to be
the same things; Edwards took part away; I do not know who took the
rest; he took them away on Wednesday; my father did not take them away;
Edwards did not take away the box; he only took away some things that I
have since heard were used; the box was brought a day or two before my
father was taken; it never was uncorded; Adams brought a large grenade;
I do not know what Edwards was.

The Attorney-general declined asking this witness any question.

EDWARD HUCKLESTONE examined by Mr. Curwood.--I know a man of the name
of Dwyer. I have known him for some years. Latterly I have known him
intimately. I used the same public-house. I do not think he is to be
believed on his oath.

Cross-examined by the Attorney-General.--I saw him with plenty of
money, and knowing that he had little or no work, I was surprised. I
was in distress. He told me he would put me in the way to make plenty
of money, if I would go with him. I agreed; and he proposed that we
should charge gentlemen with an unnatural offence. That he was to go up
first, and then I was to join him. I left him quite shocked. This was
about three months ago. He said he had got ten pounds at a time from a
gentleman in St. James’s-street, by only catching him by the collar,
and accusing him. I met him the next night at the Rodney’s-head, and
he called me a coward. I told him of the danger, and reminded him that
his brother had been transported for the same thing. He said he knew
better how to general it than his brother. I ought to have communicated
it to a magistrate; but I was afraid of falling a “wictim” to the
Irishmen who lived in the neighbourhood. I have spoken to him since. I
was a shoemaker, but am now articled to a cow-doctor in Newman-mews.
I first communicated this to my brother, about a week ago. I did not
mention it before, lest I might be ill-treated, as I had to go so
much about among the cows. Some of the Irishmen have gone away from
the neighbourhood now, and that induced me to summon up courage to
mention it to my brother. I did go with Dwyer to the Park, but I was
always struck with the horror of the thing. When I saw the names of the
witnesses in this case in the paper, I made the communication to my
brother.

(The witness was desired not to go out of Court.)

Mr. JOSEPH DOANE examined by Mr. Adolphus.--I am called the Court
Reporter; I prepare for the newspapers an account of the movements of
the Court, the cabinet dinners, _&c._ I send the same accounts to six
papers, among others to _The New Times_, [Looked at the announcement
in the _New Times_, of the cabinet dinner, on Tuesday the 22d of
February.] The intelligence respecting the Court in this paper I sent.
The paragraph respecting the cabinet dinner, from the wording, I think
I did not send. I think so from the use of the word “grand;” cabinet
dinners are always alike, and I do not think I used the word “grand.”

ANDREW MITCHELL: I am printer of _The New Times_; I produce the
original of the paragraph respecting the cabinet dinner, announced in
_The New Times_ on the 22d of February.

Mr. Doane recalled: That is not my manuscript; I always write from a
manifold.

Andrew Mitchell: I did not receive that from Mr. Doane, but from a
person of the name of Lavenue, who furnishes things in the same way.

JOHN WHITTAKER: I searched in eleven newspapers of the 22d of February
for the annunciation of a cabinet dinner at Lord Harrowby’s, and in
none of those papers was there such an announcement as that in _The New
Times_.

The Attorney-General: These papers ought to be here.

The Chief Justice Abbot: Strictly speaking, they ought to be here.

The witness: _The New Times_ alone had the annunciation of the dinner
at Lord Harrowby’s on the 22d of February.

Mr. Adolphus: This is all the evidence I intend to offer on the part of
the prisoner.

Mr. Gurney: I wish, my Lord, that Dwyer should be again called.--The
witness, Dwyer, was then again put in the box, and examined by Mr.
Gurney: I do not know a man of the name of Hucklestone.--[The witness
Hucklestone was desired to stand up.]--Dwyer: I know that man, but did
not know his name was Hucklestone. I have met him in Oxford-road. Not
in a public-house. I never proposed to him to charge any person with an
unnatural offence. In February last I was at work at the parish mill,
and got three shillings. I have a wife and family.

Cross-examined: I did not know Hucklestone by name. I saw him with
other chaps at the corner of James-street, near where I live; but
I never associated with him. I have seen him in Hyde-park. I never
went into a public-house with him. I resorted to the Rodney’s-Head,
but never knew him to resort there. I have not repeatedly met him
in a public-house. I don’t know that I can swear I never saw him
in a public-house. I will swear I have not been with him at the
Rodney’s-Head within this three months. I am a bricklayer by trade, and
worked fourteen years for one master.

Mr. Adolphus now entreated permission to be allowed till the ensuing
day to prepare himself to address the Jury on the part of the prisoner.
The state of exhaustion to which he had been reduced, as well as the
shortness of the time which had elapsed since he had received his
instructions, and the great importance of the duty which he had to
perform, where the life of a fellow-creature was at stake, the more
imperiously impelled him to entreat this indulgence, if consistent with
the views of the Court.

The Lord Chief Justice felt the propriety of the appeal, and after some
conversation relative to the convenience of the Jury, the Court was
adjourned till the following morning.

THIRD DAY, WEDNESDAY, APRIL 19, 1820.

The Court opened again at nine o’clock this morning, and a few minutes
after Mr. ADOLPHUS rose to address the Jury on behalf of the prisoner,
and commenced by observing, that “he could not request their attention
to the feeble and humble efforts which he was going to make in defence
of the prisoner at the bar, without returning them his sincere thanks
for the kind and gracious manner in which they had conceded to him
further time for the preparation of his defence. Under all the
circumstances of the case, the situation in which he (Mr. Adolphus)
stood was sufficiently distressing; but it would have been still more
so if he had been compelled to address them yesterday evening with a
mass of evidence totally undigested, with a memory wandering over all,
but steadily directed to none of the points which had come out during
the trial; and without any of that simplification of the case which he
had been able to effect, though imperfectly, in the few hours which, by
their kindness, he had been able to steal from sleep.

“The inquiry in which they were then engaged was a most anxious and
important inquiry: indeed, so anxious and so important was it that
it was only natural to expect that the minds of counsel engaged in
conducting it would sink under the heavy task imposed upon them. During
the course of his professional career many trials similar to the
present had taken place: but in none of them did the parties accused
labour under such dreadful charges as were now brought against the
prisoner at the bar; in none of them had they been so totally deprived
of all assistance and support as the unfortunate individual had been on
whose fate they now stood impanelled to decide.

“To say that he (Thistlewood) had all the weight of office arrayed
against him--to say that the prosecution was conducted with all the
talent and all the power of Government, was to say nothing more than
that Thistlewood was indicted for high treason. He (Mr. Adolphus)
meant not to blame the Government for exerting all its energies in a
case like the present; by no means--the Crown had, on all occasions,
and particularly on an occasion like this, a right to demand of its
best servants their best services: he only meant to contrast the
difficulties against which Thistlewood had to contend with those which
had surrounded other unfortunate men in his situation.

“Against the great legal talent which had been employed against them by
the Crown, there had come forward advocates of high character, and not
inferior ability--advocates who voluntarily embarked themselves in the
cause of their clients--gave up their whole time and attention to their
interests, methodized and simplified the evidence necessary to maintain
them, and entered the Court prepared to meet the case brought forward
by the Crown on every one of its points and bearings.

“Far different was the case of the unhappy man then standing at their
bar.

“On the evening previous to his trial he was scarcely acquainted with
the name of the counsel who was to defend him: and that counsel had
scarcely more early information of the grounds on which his defence
was to be rested. He (Mr. Adolphus) could assure them that he was only
chosen counsel for Thistlewood on Thursday last; that unavoidable
business had kept him out of town during the whole of Friday; and that
he had appeared before them on the Monday with such information as he
could collect in the interim. He deplored this circumstance, but he
could not complain of it. His want of ability and preparation was not,
however, the only circumstance which rendered Thistlewood’s case more
desperate than that of the individuals who had formerly been placed in
his situation. Many of them had been allied with, or supported by, men
of power, and rank, and influence in the country. Thistlewood, on the
contrary, was aided by no party, was supported by no subscription, but
was deserted by men of every class and party in the community. He (Mr.
Adolphus) had received no assistance, no information, no instructions,
from him; all that he knew of the case was derived from the materials
which the solicitor, the gratuitous solicitor for the defence (Mr.
Harmer), had been able to collect within the last few days.

“Besides these circumstances was another still more extraordinary and
unfortunate. At the state trials of 1794, whoever was discharged by
a verdict of his countrymen was discharged at once from all further
prosecution; and with the inquiry of that Court ended all inquiry into
his conduct.

“This man, Thistlewood, however, was so beset, that, even though he
obtained at their hands a verdict of acquittal upon this charge, he
had to undergo a similar trial upon other indictments: indeed he (Mr.
Adolphus) did not hesitate to say that he (Thistlewood) was surrounded
by every danger which could possibly environ the life of a single
individual. It appeared as if this melancholy choice alone were left
him, whether he would have the execution of his sentence end with the
severing of his head from his body, or whether he would have his body
given up after his execution to the dissecting knife of the surgeon.
If his guilt were of such a nature as to demand that penalty to be
added to the others inflicted by the law, he had only himself to blame
for it: far was it from his (Mr. Adolphus’s) intention to palliate his
conduct upon that point: the only reason which he had for even alluding
to it was to implore them to place out of their consideration every
circumstance which was not connected with the subject of their present
investigation, and which had not been brought regularly before them in
the course of the trial.

“The Attorney-General had made the same request to them, and it had
well become his character and legal knowledge to do so. It was not
less his duty as a man and as a Christian, than as a high officer of
the Crown, to give them that advice: for, bound as he was to protect
the interests of the Crown, he was not less bound not to exercise his
power in wantonly running down those subjects, who were living under
its fostering care and protection. Made, then, as this request had
been made to them by the Attorney-General, he (Mr. Adolphus) could
not help repeating it; for he was well aware how difficult it was to
dismiss from the mind the impressions of ill-will and dislike which
were naturally conceived against any one who was, or ever had been, the
subject of general reprobation.

“On occasions like the present a man’s usual convictions stole into
his mind, in spite of himself: it therefore became them to be doubly
on their guard, and to view the case then under their consideration
as if they had never heard the name of Thistlewood before, and as if
they had never received any other information than that which had come
under their notice in the course of the trial, upon which, and upon
which alone, they were sworn to give their verdict. He agreed with the
Attorney-General that the present was a case of infinite importance;
not, however, to the prisoner at the bar merely, whose life was at a
stake, (indeed in that point of view it was of less importance than in
any other) but also to the state and to all posterity.

“It was of importance to the state that verdicts should be given
upon strict evidence alone, and not upon favourable or unfavourable
impressions conceived by the Jury regarding the party on his trial. It
was of importance also to posterity; because if, as against a bad man,
a certain kind of evidence should now be allowed to procure conviction,
it would, in time, be also allowed to procure conviction against a
good one; and, in that case nobody could tell whose fame might not be
impeached, whose property might not be injured, whose life might not be
destroyed, by the same kind of evidence as had been produced on this
trial; evidence which ought never to have the credence of any jury, or
the sanction of any court.

“It was not, therefore, so much for the value of Thistlewood’s life
(though God forbid that he should undervalue the life of any man) as
for the value of a precedent in a case of treason, that he was then
contending; for if a charge of high treason could be substantiated
against any British subject on such evidence as had just been adduced
there would be an end to all our well-founded boasts of the excellence
of our law regarding high treason. Such an event, however, he, for
one, did not anticipate, when he recollected with what care the law
of treason had been guarded by the legislature, and with what caution
executed by our juries, ever since the period of its first institution.
Nor was such caution, vigilance, and correctness, as had been always
exhibited by our juries, with some few exceptions, and those in bad
times, unnecessary or uncalled-for.

“An accusation of high treason was a fearful accusation. In all other
criminal cases, from a simple assault up to a murder, the King though
not the real, was the ostensible prosecutor: in a case of high treason,
however, the King was not merely the ostensible but also the real
prosecutor; he was directly arrayed against the prisoner, and therefore
it was the imperative duty of the Jury to see that the subject was not
oppressed. The present case of high treason was as important as any of
those which had ever preceded it; and the Jury ought, therefore, to be
peculiarly careful not to allow one tittle of evidence to weigh with
them which had not been admitted on former occasions, and, if they
had any doubts with regard to its admissibility, ought to lean to the
prisoner, and not to the Crown, however interested they might be in its
preservation, and the preservation of its authority.

“He had before had occasion to state to them, that the defence of the
prisoner at the bar had come to him, in the course of his professional
business, as an enforced duty. He had not sought it; he had not refused
it; indeed, as an advocate, he could do neither one nor the other.
Standing, however, as he did, in that Court, as the advocate, the
unfee’d, and therefore, in some respect, the voluntary advocate of the
prisoner Thistlewood, he deemed it right (unnecessary and improper as
it might be on any other occasion for an advocate to press his own
political opinions on the Jury) to state that, during the whole of his
life he had never given his assent to any proposition tending to change
the constitution, as established at the Revolution, either in church or
state. He had been born a subject of his late most gracious Majesty;
to him, whilst alive, he had paid a subject’s loyal obedience. He was
now a subject of his present most gracious Majesty, and the allegiance
which he had paid to the father he willingly transferred, as his due to
the son.

“To the questions which had lately agitated the country, he had never
lent himself for a single moment; on the contrary, he had always
opposed, to the utmost of his power, every design of faction and
innovation. Thus much he thought it necessary to state in the peculiar
situation in which he stood; but making as he had that declaration
of his political principles, he also felt, both as a man and as an
Englishman, that he had a strong principle to advance and establish
in this defence; and he therefore trusted that, if any persons were
present who felt an interest in the fate of the prisoner, they would
not think that he would relax, in his efforts on his (Thistlewood’s)
behalf, on account of the difference of their political opinions.
If any thought that he would relax, he was sorry that they should
entertain such an opinion of him: he would, however, use every exertion
to make a fair defence for the prisoner: if it were not conducted with
ability, it would be not from want of intention, but from want of
ability, which would be the prisoner’s misfortune as well as his own.

“The learned Counsel then proceeded to observe, that the line of
defence which he found it necessary to pursue was the most difficult
which it had ever fallen to the lot of an advocate to make good; and
he should here be deficient in respect to the good sense and talent
of the jury, if he pretended to assert that the prisoner at the bar
was perfectly guiltless. He was afraid that it was but too evident
that he (Thistlewood) and those with whom he was connected had
meditated assassination, a crime which was little less horrible than
the commission of it. He did not intend to palliate Thistlewood’s
conduct in doing so--far from it: it was a crime not to be palliated:
the very blood recoiled from it--the best feelings of human nature
revolted against it, and the indignation and execration of society
always followed it. Still he thought it possible that Thistlewood,
though he might be guilty of murder and the other crimes imputed to
him in the various indictments, might not be guilty of high treason.
Unless, therefore, he was fully and clearly proved to be so, it was
their duty to acquit him; and in so acquitting him, in spite of all the
odium and prejudice which surrounded him, they would be doing honour to
themselves, and benefit to their posterity.

“He was not weak enough to say this in any hope that, by flattering
them, he should obtain their verdict; he should be sorry to obtain it
on such terms; for if they gave a verdict for him against the evidence,
they would be doing no honour to themselves, and a great injury to
their posterity. He had once thought of stating to them, at some
length, the nature of the law of treason, but he had afterwards found
reason to change his opinion, it having been suggested to him that
the law on that subject would come better to them from the Court. He
should therefore proceed, before he entered into a minute examination
of the evidence (on the general nature of it he had already made some
comments) to state to them the nature of the indictment.

“They had heard the indictment read over to them, and would have
perceived, unacquainted as they were with the technicalities of the
law, that the same offence was charged against the prisoner, though
somewhat varied in terms. There were four charges, or counts, to which
he particularly wished to call their attention; there were to each of
these ten or eleven overt acts, all of which, it had been said, must
be considered as shewing the intention with which the prisoner had
acted.

“The prisoner was charged, in the first count, with “compassing,
imagining, inventing, devising, and intending to deprive and depose our
Lord the King, from the style, honour, and kingly name of the imperial
crown of this realm.” The overt acts stated in the indictment were,
conspiring to assassinate several of the Privy-Council; procuring
large quantities of arms with intent to assassinate them; as also to
subvert and destroy the constitution as by law established; issuing
proclamations to the King’s subjects containing solicitations to aid
and assist them in making and levying insurrection; and various other
acts specified therein. Before, however, they found the prisoner
guilty upon this count; they ought to be convinced that the intention
to depose the King existed previously, and not subsequently, to the
commission of these overt acts. For though they should be perfectly
convinced that the prisoner had gone to Lord Harrowby’s house with the
intention of killing the King’s ministers, that fact alone did not
render him guilty of high treason: it was necessary that a treasonable
intention should be first proved to exist.

“To meditate the assassination of a privy-councillor was certainly
a crime of great magnitude, and by 3 Hen. VII. cap. 14., had been
made a felony; and by a later statute, that of 9th Anne, cap. 16, to
assault or attempt to kill one in the execution of his office was made
a felony, without benefit of clergy. Thus it was clear that to kill a
privy-councillor was not in itself an act of high treason, unless it
were coupled with other acts tending to prove a treasonable intention
previously existing in the mind of the prisoner. They must, therefore,
before they brought in a verdict of guilty against him, be convinced
of one of these four points: either that he did intend to deprive and
depose our Lord the King from the style, honour, and kingly name of the
imperial crown of this realm; or that he did intend to excite rebellion
and insurrection within this realm, in order to subvert the government;
or that he did intend to levy war against the King, in order, by force
and restraint, to compel him to change his measures and councils; or
that he did intend, with force and arms, to effect those purposes.

“These were the points which must be established before they could
find the prisoner at the bar guilty of high treason; and what was the
evidence produced to establish them? He did not hesitate to affirm,
that never was evidence so weak tendered to prove charges so heinous.
It was contradictory, it was inadmissible, it was incredible, coming