as nearly as you can state?-About four or five and twenty. Did you perceive any thing on the bench? -There was; I heard a clattering of arms, and saw some persons apparently sorting the arms on the bench. Did you or Ellis say any thing?—I said, "We are officers; seize their arms." Before you got up the stairs, before you gained the loft, had any thing been said by any person below?-I am not aware of it; I cannot call it to my recollection. Upon your saying this, what did any one do? -Thistlewood looked up, caught up a sword, and retired into a little room; I think there were three or four retired into the little room and the others into the back part. Was there a little room going out of the larger room?-There was, on the right of the bench as we went up. Lord Chief Baron.-Which of the two side rooms?-The further one, my lord, next the street. Mr. Bolland.-Did you know the person of Thistlewood?--I did, well. How long had you been acquainted with him?-From the time of the state trials before, two or three years ago. Where was Smithers?-Smithers then appeared on my right hand. Did you hear Ellis say any thing to the party?—I did not. What did Smithers do?-In approaching the door where Thistlewood had retired, Did he then approach the door?—Yes. Upon his approaching that door, was any thing done by any of the parties within that room? Thistlewood stabbed him with a sword; he was fencing, to prevent any person approaching that door. You saw him fencing before Smithers approached him?--Yes, and on his approaching him, he put his arm forward in this way. Was any thing else done from that room?Not that I saw. Did you hear any thing?-A pistol was fired almost instantly on Smithers being stabbed, and the lights were put out. What happened when darkness came on?I then heard from that corner of the room where the little room was, some voice crying "Kill the brs, throw them down stairs." Did the parties keep their original stations in the room, or withdraw themselves to the end of it?-On their saying that, I heard a rush towards the staircase. Did you join in that rush ?—I did. Did you say any thing?—I did, upon their saying "Kill the b-rs, throw them down stairs," I said, "Aye damn them kill them," or "Aye kill them," or something of that kind. Did you get down the ladder ?—I did. When you got down was there any light in the stable below?-There was not when I got down. Where did you then go?-I got into Johnstreet and met the soldiers. Did you return to the stable ?—I did. Upon getting to the stable did you see either of the prisoners?—I did; Tidd. Where did you see Tidd ?--I saw him coming from the door. Do you mean only coming from the door, or coming out of the door?-Coming out of the door; the door was open, and he was coming from it. Was he walking or running ?-Between the two, a sort of shuffle. Had he any thing in his hand?-I did not observe that at that time. What did you do?-I called to somebody following me to lay hold of him, and immediately upon my saying that he lifted his arm, and I saw a pistol. Upon your seeing that did you seize him?— did; I fell, and pulled him upon me on the dung heap. I Did the soldiers come up and extricate you? -They did. Who extricated you?-Serjeant Legg and some of the men. Did you take Tidd any where?--I did to a public-house called the Horse and Groom, the corner of Cato-street. Was he searched ?—I searched him. What did you find upon him?-Two ball cartridges. Where were they?-In his breeches pocket. Was he accoutred at all?—He had a belt round his waist. Was any other prisoner brought in, while you were there?-There was Bradburn. Did you search him?--I did. What did you find upon him? - In his breeches pocket I found six ball cartridges, and three loose balls. Was he accoutred at all?-Round his waist there was a string five or six times round. Would that string have answered the purpose of a belt for a pistol?-It would. Was any other prisoner brought in?-David Did you search him?-I believe he was searched by another. Was Wilson brought in while you were there?-He was. I do not know whether you searched him or not?-I did not. After this had passed at the public-house, did you return to the loft?—I did. In what state was the loft, on your return? -There were several soldiers and four of the prisoners at the bar in the room, and some of the officers. Lord Chief Justice Dallas.-What happened when Smithers received this thrust with the sword?-He fell hack and said, "Oh, my God," or "Oh, I anı done," I do not know which. Mr. Bolland. He very soon died?-Directly, I heard no more. When you returned to the loft, did you find ány arms?-Yes, I did. What arms did you find?-Two swords, We have now a list of all the arms which were found, and by whom; have you made an inventory of those arms ?-I have. Look at that, and say, whether it is an accurate account; did you make that yourself [handing a paper to the witness].-I did, I found two swords and one bullet, ten hand-grenades, and two fire balls. These, you personally found?-Yes. Is that a list of all the things in your custody, stating the respective places where they were found?-Yes. your list. Go on with Mr. Adolphus.-State the places where they were found. Likewise one large one that I found, and which has been in my custody ever since. Mr. Bolland.-What is that?-A thing filled with powder; it is something similar to the others, only much larger. Has it a fuse to it ?-Yes. Read that list.-Thirty-eight ball cartridges, found by serjeant Lott; a firelock and a bayonet, by corporal Strickland; one powder flask, by James Edgar; three pistols and one sword, with six bayonet spikes and a cloth belt; one blunderbuss; one pistol; fourteen bayonet spikes and three pointed files; one bayonet; one bayonet spike and one sword scabbard; one carbine and bayonet; two swords; one bullet; ten hand-grenades; two fire balls; one large grenade and bayonet; the one I spoke of, and that was found in my presence, and that has been in my custody ever since; a rope ladder; one sword stick; forty ball cartridges; one bayonet and three loose balls; these were all found in the loft; in the pocket of Bradburn, six ball cartridges; three balls and some string put round him to act as a belt; one pistol that Tidd fired; a pistol that Wilson attempted to fire. Lord Chief Justice Dallas.-You had not mentioned that Tidd fired. The pistol that Tidd lifted his arm to fire he did fire, after he was partly lying on me on the ground. There were found in the stable, a blunderbuss; a sword, belt, and scabbard; one pistol; one ditto and one sword; twelve sticks with ferrules in the pocket of Tidd, two ball cartridges, and round him a leathern belt. Mr. Bolland. What sort of sticks were those?-They are long sticks, I should think six or seven feet long, perhaps eight, I am not quite sure; in the end there is a hole; two ball cartridges found facing the stable, and ten ball cartridges found thrown away in Newnham-street: one musket cut down, and one sword taken from Davidson: one haversack; cross belts; one pricker; bayonet scabbard; cartouche box, and a belt round his body, those were on Davidson: two haversacks; one belt and tin powder case taken from Ings: four pistol balls ; one pistol key, and a knife case from Ings: a case to receive a large knife; one haversack, containing seventeen ball cart ridges; three balls; one pistol flint; one pricker; one worm for drawing cartridges; one knife and a turn screw. I also got a stick which was left in the public-house. Before you left the public-house where Davidson and Bradburn expressed themselves as you have stated, did Wilson express any thing? -Yes; he said he did not care a damn, he him now as another time. knew it was all over, they might as well kill Before you went to the stable did you go to the Horse and Groom ?-I did. While you were there did either of the pri soners come there?-Cooper and Gilchrist came in. Had Cooper or Gilchrist any thing with them?-Cooper had a stick. What sort of a stick was it?-A mopstick or broomstick. Did he leave it in the house or take it out with him?-He left it in the house. Did you take possession of it? Not di rectly. I did afterwards, that night, and have it now. Did either of the prisoners come back for that stick?-Gilchrist did. You say it is a mopstick?-It is. Is there any thing particular about it?-At the end it is cut round that depth [two inches],as if to receive the socket of any thing. George Thomas Joseph Ruthven cross-examined by Mr. Adolphus. You say the lights were put out; how many lights were there ?-As nearly as I can tell, in the two rooms, about eight. I think about four or five in the first room, the loft, and two or three in the end room where they retired to; but this I guessed from the glare of light that appeared. The four or five in the loft, or first room, you could see? I could. You have no doubt there were four or five lights?--I have no doubt. The words you said were very properly on coming up "We are officers; seize their arms?"-Yes. Nothing else? did Ellis say any thing else ? -Not that I heard. Did Smithers say any thing more than "Let me come forward," and when he received the blow, "Oh my God!" or, "Oh I am done?" -No. Those were all the words that passed?Yes, all that I heard. James Ellis sworn.-Examined by You, I believe, are one of the conductors of the patrol at Bow-street?—I am. On the evening of Wednesday, the 23rd of February, did you go with other officers to a stable in Cato-street?—I did. Did you enter the stable close to Ruthven? -As close as I possibly could enter. Did you find a light in the stable ?-There was a light. Did you find any men in the stable?-There were two. Were there lights in the loft?-Yes, there were. What were they?—There were candles. How many do you remember seeing ?-I am positive there were three or more, but I cannot speak to how many there were; there were three lights or more in the loft; there were lights in the little room, from the shade which I saw, but I could not see what lights they were. Where were those candles placed?-Apparently on the carpenter's bench which stood across the room. Upon Ruthven, and yourself, and Smithers. getting into the loft, what did you observe take place?-The moment I gained the top of the ladder, I observed a number of men fallback to the back part of the loft, with their backs to the wall, placing themselves against the wall. Where was the man standing whom you observed first?-The first man I observed was standing about half-way between the door at which we entered, and the foot of the laddering which goes up into the loft. Is that ladder placed at the further end of the stable ?-At the further end, in the very corner, opposite the door at which we went in. Who was that man?-I believe him to be Davidson. The man of colour?—Yes; I took him by the collar, and turned him half round, and looked in his face, and I believe him to be Davidson. How was he accoutred?-He had got a short gun, or carbine, in his hand, carrying it in somewhat of this manner [describing it], and at his left-hand side a long sword hanging, and two white belts across his shoulders. You say you took him by the collar, and turned him half round?—Yes, and I looked in his face, and saw he was a man of colour; I immediately desired some of the others who were with me to secure that man. Did you observe any other man?-Yes, there was another man in the further stall of the stable, near the ladder; he appeared to be a shorter man. How was he dressed?—I believe he had got a dark coloured coat on, but I took but very little notice of him. Did you follow Ruthven up the ladder?I did. Did you hear Davidson say any thing to the persons above?—I heard somebody from below call out something-" men," the last word was "men," but I could not understand the rest. Did you understand it to be a signal to those above?I did. You say you followed Ruthven up the ladder, who followed you?-Richard Smithers. Ás you ascended the ladder, did you hear any noise in the loft ?—I did. What did you hear?--I heard a noise, which appeared to me to be a rattling of swords. When you got up the ladder who then spoke?-Ruthven. What did he say to the best of your recollection?-He called out, "We are officers, seize their arms," or, "we are officers, surrender your arms," or to that effect. Did you see Thistlewood ?—I did. What did he do?-There were Thistlewood, and two or three others between the end of the carpenter's bench, and the door of the little room; and immediately on my gaining the top of the ladder, Thistlewood presented his sword at me, and shook his hand in this manner, as if to make a stab. I immediately desired him to desist, or I would fire at him. Had you a pistol in your hand ?—I had a pistol in my right hand, and my truncheon or staff in my left hand, which I held out in this manner [describing it]. Upon that what did Thistlewood do ?Upon that he retreated, backing into the little room, through the little door; at that moment Smithers having gained the top of the ladder, rushed forward to enter the door of the little room. What did Thistlewood do upon his approaching the door?-At the moment that he reached the jamb of the door, Thistlewood made a thrust and stabbed him in the right breast. Upon that what did Smithers say or do?— He held up his hands in this way over his head, and exclaimed, "Oh my God!" or words of that kind. Did he fall immediately afterwards?—He fell almost immediately, he staggered past me and fell. Upon this what did you do?—At the mo ment that he threw up his hands and exclaimed "Oh my God!" 1' fired. At whom?-At Thistlewood. As soon as you had done that, what became of the lights? The lights were all put out the moment that I fired, the flash of my own pistol was the last light I saw. I presume great confusion took place immediately?-There was a great confusion. Were you forced down the ladder into the stable?-By the rush made against me I was thrown down the ladder. Were there any other shots fired?- There were several fired in the loft while I was upon the ladder. Did you get to the door of the stable?-| Upon recovering myself in the stable I got to the door. Were any shots fired then?-There were two or three shots fired then; two, I think, passed me in the door. From whence do you think they were fired? -I could not distinctly tell. Did you perceive any fired from the window of the little room?-There was another shot fired in the stable by a man who stood near the bottom of the ladder; he fired up the manger. When you got to the door did you observe any firing from the window of the room above? -There were some shots fired from the window of the little room above. That room looks into Cato-street?-It does. While you were at that door did you observe any man in Cato-street?—I heard the cry of "Stop him," and I observed a man running away. Was he running down Cato-street?—Yes, running towards Queen-street. What did you observe upon him?—I observed he had got white belts. Do you mean cross belts ?-Yes. street. Whom did he turn out to be?-Davidson, the man of colour. Upon your laying hold of him what did he do to you?-He made something of a cut with his sword. Do you mean a cut at you?-I believe it was intended at me. Did any other persons come up and assist you in securing him?-Yes, they did. Who were they?-One of our people of the name of Gill, and another of the name of Chapman. Did you leave him in the custody of your brother officers, and return to the stable?-I did, as soon as I had secured him I returned as quick as possible. Did you then find lieutenant Fitzclarence and the soldiers there?-I found the soldiers there, I do not know whether lieutenant Fitzclarence was in the place. Did you find any of the prisoners who had been taken in the loft or the stable ?-There were four men; they were not in actual custody, but they could do no harm; they were in the loft among the soldiers. Who were they?—I cannot speak very positively; Monument was one, and I believe Wilson was another, I think Strange was another, but I am not positive. I believe you fetched Davidson to the loft? -As soon as they were secured I fetched him into the loft to thein. Then they were taken away to Bow-street? William Westcoatt sworn.-Examined by Lord Chief Justice Dallas.-Are you going to fresh facts?" Mr. Gurney.—Yes, my lord, I am; did you accompany Ruthven and Ellis and the other officers of the stable in Cato-street?—I did. You, I believe, did not go up into the loft at first?-No, I did not. When they had gone up did you hear any noise of firing, or any confusion above?—I did. Did you observe any person in the stable? I did. Whom did you observe?-Ings. The prisoner Ings?—Yes. At the first moment that you observed him what was he doing or attempting to do?—I did not see him attempt to do any thing; he rushed towards me as if attempting to get out of the stable. What did you do?--I seized him by the collar, And did what?-And shoved him back against the wall, at the foot of the ladder. What did he then do ?-He went to put his hand of his right side; upon that I hit him a blow. As you thought to get a weapon?—Yes. Upon that you hit him a blow ?—Yes, upon the right side of the head, and knocked him down, then they came tumbling down the ladder. Then the officers came tumbling down the ladder?-Yes, they did. Did you hear the firing above?-O yes. After you had heard that firing above, and they had tumbled down, did you see the flash of any pistol any where?-I did, from the bottom of the ladder. Where did it appear to you that pistol was fired into?-As it appeared to me, it was fired into the stable. Did you then observe any person come down whom you knew?--I did. Where was that?-When the man came from the ladder into the stable, I saw it was Thistlewood. Did that appear to you to be the man who had fired that pistol ?-He did. What did Thistlewood do?-When he came into the stable he turned round and presented a pistol to my head, but I released Ings, and I put my hand up to save myself, and the ball came here [pointing to his arm]. Did the pistol go off?-Yes it did; I put my hand up to save my head, and found myself wounded. Did the pistol go off?—Yes, it did. You left Ings to protect yourself?—Yes. You found a pistol presented at you and it went off?-Yes. And went where ?-I found it had wounded my hand, and there were three holes in my hat, and one on the right side did not come through. I received then a violent blow on the right side of my head, and I feil. Did it hurt your hand?--Yes. You ate also a conductor of the patrol at right through. Bow-street?-I am. VOL. XXXIII. And through the hat ?—Yes. 3 X As you fell did you observe Thistlewood do any thing?—He immediately cut at me with a sword. And what did he do then?-He rushed out at the stable door. I omitted to ask you whether when Ruthven, Ellis, and Smithers went up the ladder, you heard either of them say any thing to the persons in the loft? I heard somebody say something, but who it was I cannot say: I heard somebody say something, but I cannot say what. A Juryman.-What became of Ings when he knocked you down?—He made his escape out of the stable. When you raised your arm to ward off the blow that was aimed from a musket or pistol, Luke Nixon sworn.-Examined by Are you a Bow-street patrol?—Yes. Did you go with the other officers to this stable in Cato-street?—Yes, I did. Did you see Westcoatt in conflict with any person there in the stable?—Yes. With whom?-With that man there. Did you see Ings leave the stable ?—I did, I made a snatch at him to catch him, but missed him. Was that after Thistlewood had got away? -No, I do not think he had got away then. You made a snatch at him to catch him?Yes, and he got out; I ran after him up Johnstreet, but he was got so far. Did you meet him in custody?-As I was going up John-street, I heard a pistol fired, or something of that kind. You heard a pistol fired?—Yes. Did you find him in custody of any persons? -I found him in the custody of Brooks and Champion. Joseph Champion sworn.-Examined You are one of the Bow-street patrol? Yes. Did you go to this place, Cato-street, on the evening of the 23rd of February ?—Yes. Do you remember Ruthven going into the stable ?--I do. Did you follow him to the foot of the ladder? I was about the sixth or seventh man behind him; I was at the foot of the ladder when he was at the top. Whom did you see at the bottom?-Ings. Did he cry out any thing?—He held up his head towards the top of the ladder, and said, "Look out, look out above." and as I was going up I saw the lower part of a man's body in the rack. I proceeded immediately to strike him on the legs, and endeavoured to force him back, and when I turned round, Ings was gone. You heard Ings cry out, and went up the ladder part of the way, you heard a contest with Westcoatt, and Ings made his escape ?—— Yes. Was he afterwards taken into custody?— He was. Where?-In the Edgware-road. of him immediately after the watchman. Did you go to the spot?-Yes, I laid hold You found him in custody, and Brooks was one of the persons who had him in custody?—— Yes. Did you search him?-We took him to Mary-le-bone watch-house, and searched him. What did you find upon him?-Four pistol balls, the key of a pistol, and a knife-case made of blue cloth. What kind of knife, small or large?-Pretty large. Have you seen the knife produced here the other day ?-Yes, I have, it fits it exactly. There was no knife about him?-No, not at the time we searched him. The knife-case fitted the butcher's knife that was produced the other day?—Yes. Had the knife any wax-end about the handle?-It had. In addition to that did you find any thing else about him, any bags?-Brooks did; I saw them taken from his person; he took his great coat off, and there were two haversacks, one under each arm, and in one there was a tin case nearly full of loose powder; he had also a cloth belt round his body, with pistol holsters. In addition to the haversacks there was a cloth belt round his waist ?—Yes, which Brooks took from him. Was that adapted to receive pistols ?—It Was any attempt made at that time to Whom did you see at the foot of the ladder? secure him, that you know of?—Yes; West--I saw a man in the further stall in the stable. coatt was at that time in front of him, endeavouring to secure him. Do you know whether he made his escape? -He did; I turned to the top of the ladder, Do you know whether or not it was the prisoner at the bar, Ings?-I do not. Was it a man of about the same size?About the same size. |