allude to the unfortunate Magennis, at this time under sentence of death for an attempt to assassinate a constable: after his conviction, and when he came to exainine his own mind, and to reflect on the situation in which he stood, and the life he had led, that man, in the moments of sorrow, was satisfied that he had been deceived by those who had undermined his faith, and he again embraced the religion he had abandoned. And in considering the conduct of Adams, I think it not at all impossible that his providential escape from Catostreet may have led to that reformation which, I trust, is complete. who are advocates for the prisoner, it being their duty to present the case to you in the view most favourable for their client. It is said there are contradictions of him by the other witnesses, and I think those first relied on are as to the number of persons in Catostreet; and it is asserted that Adams is at variance with Monument. Let me call your recollection to what passed there with respect to the tardy appearance of Tidd, the man whom Monument accompanied, and who you will recollect was almost the last person who arrived on that evening. Considerable agitation had been exhibited by the party, in consequence of his not coming at the period at which he was expected; Adams was there long before. Adams tells you that at one period, when the matter was talked of, Thistlewood said there were eighteen in the room above, and two below, making twenty. Now what is the account given by Monument?-that after his arrival with Tidd, and just before they were about to leave the stable, and when some con You have been desired to attend to the manner in which he gave his testimony. I request you to do the same. It has been said that on some former occasion on which Adams was a witness, but of which you are bound to take no notice, he did not give precisely the same account of minute circumstances as he has on the present trial; that is to my mind the strongest proof of the truth of his story,you are men of the world and men of expe-versation took place respecting numbers, it rience; is there any thing more suspicious was stated, I think he says by Thistlewood, than, when a man has given a long narrative that there were then five and twenty. There containing various circumstances, accounts of would be no material inconsistency in these various meetings and consultations, that he accounts even supposing the fact to which the should upon a second examination, repeat mi- witnesses are speaking to have taken place at nutely the testimony he had previously given the same time. You have often heard-inin the same words, and without variation or deed it is a trite observation-that where wit alteration?—I say such conduct to my mind nesses are speaking to the same occurrence, it would be the strongest proof that the witness is the best test of the truth of the story they told a fabricated and false story. But when relate that they do not exactly accord in all his attention is on a second occasion called to the circumstances attending it, but that there other circumstances, and to other persons, that are some slight variations between them. I he should remember other occurrences which say that even if these men were speaking of he had not previously detailed, is not only the same transaction, you have this fact conmost natural, but a proof that he comes as the firmed instead of being contradicted, namely, witness of truth: he gave you the fairest ac- that at one period of the evening there was a count possible; when questioned as to several desire to ascertain the number of the men asfacts he has now introduced affecting the pris-sembled. Monument, therefore, at all events oner at the bar, he said, when I was before here, this man was not on his trial, and I was not then so particularly examined as to the share he had in the transaction; but now that my recollection is awakened, I am enabled to state circumstances that did not then occur to me. But, says my learned friend, he now omits many facts which, upon a former occasion, he gave in evidence: in my opinion such omissions are so far from detracting from his testimony, that they add a weight to it. He narrated the events as they arose in his memory at the time, not from a story learnt by rote, and as a child would repeat his lesson. As men of the world, and as men of experience in these matters, I am satisfied you will consider that the evidence of Adams is confirmed, and his credit established by the very circumstances upon which my learned friend founds his objections to its truth. I wish, gentlemen, to examine all the objections which are made to the testimony of this witness, before I draw your attention to those strong confirmations which have been very properly passed over by my learned friends confirms Adams as to ascertaining their num ber, and they differ only as to the number when ascertained. But then you are told there is another contradiction; that Adams differs from the officers, as to the number of candles that were in the room; that he says there was one or two in the first room, the officers on the contrary that there were three or four, and that it appeared to them there were some in the side room from the shades thrown by the persons entering it; and lastly, you are asked to refuse your belief to the account he has given, because he differs as to the expressions used by the officers from their recollection of them. Turn to the minutes you have taken of the testimony given by the officers, and if my learned friend is entitled to argue that Adams's evidence is proved to be untrue by that testimony, I will show you that by the same test it can be demonstrated that the evidence of the officers is not correct. Ruthven saw but one man when he entered the stable: Ellis and another speak to seeing two. It might be said, Ruthven does not speak the truth; and if my learned friend's mode of reasoning | is to be generally applied, you might altogether discard the unimpeached testimony of the officers. established, and which cannot be controverted, that there was any design contemplated by the conspirators beyond the destruction of the illustrious persons assembled as guests at the table of lord Harrowby, and the conflagration and consequent plunder of a part of the town. To prove the case for the prosecution, one of the conspirators himself is called: I beg leave to add my humble recommendation to that of the Solicitor-general, as to the caution and attention with which you should examine such testimony. A man, who admits himself to be a participator in such a scheme, is to be watched with the greatest circumspection, andhis evidence is to be most scrupulously weighed; but in this as in every other case, where it is impossible for you to get at the secret consultations and deliberations of the persons engaged, if the testimony of an accomplice cannot be received; the crime must go unpunished; for, if it is to be laid down that an accomplice is not a witness to prove the offence, complete indemnity is offered to persons forming such a scheme: they may proceed as far as they please, knowing that if even their friends prove treacherous, they cannot be received as witnesses in a court of justice against them. Fortunately, however, for the administration of justice, that is not the law in this country; an accomplice is a competent and a credible witness, if his testimony receives confirmation-not confirmation as to every part of his story, for that would in most cases be impossible, and in all unnecessary, for if the law required confirmation of every part of the account of an accomplice, and such confirmation could be adduced, his testimony would not be requisite, the witnesses who could so confirm him, might themselves be examined. If, therefore, you find the testimony of Adams supported in material points, if he relates facts to which other persons of undoubted veracity depose, then you will be justified-you will be bound to conclude that the whole of his account is true. There is another point in which Adams is confirmed by some of the officers, and is unconfirmed by others. Adams states that when the officers were approaching the ladder he heard a voice exclaiming, "Holloa, shew a light above." Ruthven stated that when he went up the ladder he never heard such an expression. I am not sure whether Ellis stated that he did not hear it: but when you come to the evidence of Westcoatt, he proves there was such an expression. Adams says the officers exclaimed, "here is a pretty nest of you, give up your arms," and the officers say that they cried out "We are officers, give up your arms;" if this discrepancy can destroy the testimony of Adams, it will destroy that of the officers, upon whom the counsel for the prisoner have not cast the slightest imputation. These are all the contradictions which have been relied upon by my learned friend on the other side, and I hope you will agree with me that the observations in answer are satisfactory. But then he says there is not sufficient confirmation in this case, and that all the confirmation of the witness Adams which ought to be given, has not been adduced. I will venture to assert, and I think you will agree with me, that there hardly ever was a witness confirmed as he has been in such a variety of points, and points too so material to the inquiry. It is said by the counsel for the prisoner (we shall see with what truth), it is true that Adams is confirmed in many particulars, but as to the intention and the plan of the parties, the corroboration of his evidence altogether fails; and yet, gentlemen, this is urged to you by advocates who admit broadly, plainly, and unequivocally, that the plan upon this occasion was to assassinate his majesty's ministers. How do they get at that plan? on what evidence is it that my learned friends make this admission? They make it upon the testimony of Now let us see in what points Adams is Adams,-upon the testimony of Adams confirm-confirmed, and I will take you, although it ed indeed by the occurrences in Cato-street, and the evidence of other persons to which I shall call your attention hereafter. may occupy a little of your time, through the different parts of his narrative, and shew you how he is supported. The first thing which he Let us try the hypothesis submitted on the states to you is, that upon his coming out of part of the prosecution. We say there was a prison and meeting again with Thistlewood deliberate plan formed by the prisoners Ings, and Brunt, he was carried to a room in Brunt's Thistlewood, and their associates, to overturn house, which had been hired by the prisoner the Government, that the first blow to be Ings for the purpose of their consultations, a struck to carry that plan into effect was the circumstance which is proved by Eleanor assassination of his majesty's ministers in Walker and Mary Rogers, who tell you that Grosvenor-square, on the night of the 23rd of the room had been hired for the prisoner Ings, February, and that that blow was to be fol- under the false pretence that he was going to lowed up by movements in various parts of occupy it as a residence; and it is also conthe town. The proposition of the other side firmed by Hale. Was that room used as a is, that the plot was certainly to assassinate his lodging for Ings? Did he ever occupy it as majesty's ministers, but that it was to begin such, or carry any furniture there? Was not and end there, and that no proof arises out of the only purpose for which that room was the testimony of Adams, none out of the evi-used that which Adams states, namely, for dence of Hiden, none out of the account given the consultations and deliberations of those by Monument, none from a variety of facts persons who had this treasonable plan in view? in this then Adams is confirmed. But it is said it is an unimportant fact, What, is it unimportant to have it proved that persons have hired a room for the purpose of consulting, deliberating upon, and maturing plans of assassination and treason? Have you not confirmation that it was taken under a false pretence? Is it even asserted by the prisoner, or by his learned counsel, that that room was not hired under the colour of being a lodging for Ings, but for the real and only purpose of planning and furthering the conspiracy charged by the indictment, and of preparing those instruments of destruction which you have seen produced in the course of this trial? Adams tells you that meetings were constantly held in that room, from the instant of his emerging from prison up to the 23rd of February. He states to you that impatience having been expressed by these persons as to the accomplishment of their schemes, it was determined that on Wednesday something should be done; he informs you that Thistlewood had appointed a committee to be held on the Sunday morning, in the room adjoining Brunt's apartments, aud that such committee met. Here then Adams is confirmed in a most material and important manner. He says there was a larger meeting than usual on that morning; and Hale, the apprentice of Brunt, informs you that the assembly of Sunday was more numerous than any he had ever before observed in that room. What was done in that room? How were these conspirators employed there? Adams tells you that he saw some working upon the pike-staves which have been produced to you, and others upon the grenades and fire-balls which have been exhibited. What does Hale state? That he frequently heard persons working there; that the sound of sawing was not unfrequent, and that he actually noticed in that room the ammunition they had prepared, What is the next important point? A fact which it was impossible Adams could invent without the certainty of being contradicted if it was not true :-he says that, on the morning of the 23rd, he went into Brunt's room, and saw there a man of the name of Strange, and another person whom he does not know, flinting (I think that was his expression) their pistols, and preparing their arms; how stands the confirmation upon that point? The apprentice boy (between whom and Adams there has been no concert, for there could be none, as Adams has been in custody from within a day or two of the time of the meeting in Catostreet up to the present period), Hale tells you that on that day he saw Strange and another man, whose name he does not know, getting ready their arms, preparatory to going to Catostreet. Who are the persons who attended at this room? Adams enumerates the names of several of the prisoners, and of others who are not indicted; he tells you that Thistlewood, Ings, Davidson, Brunt, Harrison, Bradburn, and Hall used to attend there, and that in ad dition to them there were Potter, Palin, and Cook; it was proved by the apprentice boy that every one of those men was in the habit of frequenting this apartment. Is this, then, all invention on the part of Adams? No, he is confirmed by testimony that is unimpeached, and unimpeachable; for no endeavour has been made in the course of this trial to throw the slightest imputation on the character of Hale; no attempt in cross-examination to shake his credit, or to induce you not to be lieve in the fullest degree the testimony he has given to the court. But there is another most remarkable fact in which Adams is confirmed by Hale. Adams tells you that, on the 23rd, after they had met in the room bired by Ings, and before they set out for Cato-street, Thistlewood proposed to write a proclamation, which was to be exhibited upon the walls of the houses adjacent to those to which fire might be set, in order that it might be the better read by the populace. He required paper for that purpose, and Adams says, that Thistlewood talked of getting such as newspapers are printed upon, but that on his suggesting cartridge paper, Brunt was desired to procure six sheets. Would a man invent such a fact, not knowing who was sent for the paper, and being quite unconscious that he would be capable of confirmation? It is iu evidence before you that Brunt wept to his apprentice Hale, desired him to procure the cartridge-paper, that it was procured and taken into the room. Hale, therefore, confirms him as to that fact. My learned friend, then adverted to the contents of the proclamation, and he argued under a mistake for some time that Monument might have confirmed Adams, whereas the evidence was, that Monument was not in Brunt's house at all. Can you, then, when you have these confirmations before you, say, upon the assertion of counsel only, yes, we will believe the paper was procured, but we do not believe that it was obtained for the purpose suggested, although the fact is sworn to by the same witness? And you are asked, because it is said part of this paper was found in the cupboard, to believe that the rest had been used for the making of cartridges, though you have not the slightest evidence that cartridges were at that time preparing; they were all procured before, and all that the conspirators were then doing was accoutring themselves for the purpose of going to Catostreet. What is the next fact? I should have introduced it before in point of order, and it is a most striking circumstance. It is proved that, on the Tuesday, some alarm had been excited in consequence of Adams's communication that the landlord had informed him they had been suspected of holding improper meetings at the White Hart. You will recollect the agitation that prevailed amongst them upon that occasion; they were so bent upon their schemes that they could not brook the suspicion that their plan was likely to be known; still have been carried there by whom they might, there they were for the purposes of this conspiracy; and a most remarkable fact she has introduced, with which we were before unacquainted, that on the very morning of the 23rd, some of the articles were removed from Tidd's premises by these persons; I leave you to say whether they were not removed from thence to Cato-street. Here, then, Adams is confirmed in a most important point, not only important as it respects the assassination, but when you come to consider the nature of the things that were prepared, you must be satisfied that the contents of that box were calculated for the execution of a plan embracing other objects beyond the destruction of his majesty's ministers. Another fact worthy of your attention is stated as to the proceedings of Tidd, on the evening of the 23rd. It is proved by the apprentice Hale, that after some of the conspirators had gone to Cato-street, Tidd called at Brunt's, and received a pike head and a sword," which he said he would take care of, and carry to the place where they were wanted. Monument and Adams tell you, that Tidd did not arrive at Cato-street till after the other con spirators; it is clear, from the testimony of Hale, that he did not set out from Fox-court till all the others were gone. more were they offended by the attempt of an associate to damp the ardour of their adherents. In order to ascertain whether there was the least suspicion of them entertained by the government, it was with great shrewdness proposed that a watch should be placed on lord Harrowby's house, to commence at six o'clock, to continue till twelve, and to be again set at four in the morning, in order to ascertain whether any soldiers were introduced into that house, or any other in Grosvenor-square. That is proved beyond the possibility of contradiction. Could Adams be aware of such confirmation? You have heard it flippantly (I do not use the word offensively) treated as a mere confirmation of a game of dominos having been played. It appears to me a most important confirmation; it is shown that Davidson and another were first to watch, and that Tidd and Brunt were to relieve them. Tidd came to Brunt's house in Fox-court after some delay, and departed from thence in company with Brunt, for the purpose of taking their share of the duty in Grosvenor-square, but stated that there was a person whom he wished to see on that evening, a very important man, and that if he should be so fortunate as to meet with him, he should not be able to attend the watch. After a short time, Brunt returned, saying that Tidd had met the inan, and that he could not watch, and Adams was selected to There is another circumstance in which he accompany Brunt. It is established by the is most materially supported, and supported watchman, that a man of colour was seen with beyond the power of contradiction, a fact another loitering about the square. It is which he has not invented, for it is spoken to proved to you by Gillan, that on that evening by others, and confirmed by the seizure and he actually played with Brunt at Dominos, in production of the deadly instrument to which a public house in the neighbourhood. Thus it relates. Adams has informed you, that the you have the fact of the watching confirmed prisoner at the bar produced a large butcher's beyond the possibility of doubt, and my learned knife, and you will recollect the bloody purfriend might as well argue that because Gillan pose to which Ings stated it was to be applied: did not hear them say that they were watching Adams remarked that it had wax-end round lord Harrowby's house, there is no evidence of the handle, which the prisoner said had been the purpose for which they went into Gros- placed there to enable him more firmly to venor-square on that night. Can you be grasp it, and to prevent its slipping from his brought to draw such a conclusion by such hand. That very knife, be it recollected, is fallacious reasoning? At the time Adams taken from Ings on the night of the 23rd, and gave the account, it was impossible for him to on his person afterwards was found the case know that Gillan could be brought forward to to which it belonged, and in which he had confirm this part of his statement. I say, then, most probably carried it. Are all these conagain, this is a most remarkable confirmation firmations nothing? Do they not mainly corof the circumstances which passed on the even- roborate the whole story told you by Adams? ing before the 23rd, not less remarkable than Do you not find his testimony supported in the two confirmations of the events of that day almost every particular in which it is capable to which I have already called your attention; of confirmation? and are you then to be told, namely, of their coming to prepare their arms when his evidence is thus strongly corrobo at Brunt's room, and the sending for the car-rated, that you are to believe him as to one tridge paper by Thistlewood to prepare the proclamations. There is another material circumstance; Adams tells you, that Tidd's house was used as a dépôt for the arms :-do you want testimony on the part of the Crown to prove it? If confirmation is required, you find it in the evidence of the unfortunate young woman who was called for the prisoner. She states that the box containing the cartridges and combustibles had been there a fortnight: let them VOL. XXXIII. part only of the conspiracy charged, namely, the assassination of his majesty's ministers, and that you are to dismiss from your consideration all he has sworn as to the ulterior objects of this nefarious scheme? In addition to the knife, you have also a sword, particularly pointed out to you among the many found in Cato-street; that sword' was carried by the prisoner, as long ago, I think, as Christmas last, to a shop in Drury lane, for the purpose of being sharpened, and 4 C particular directions were given by him respecting it. The unfortunate man at the bar states, in the few sentences he has addressed to you in his defence, that he took that sword to the stable by the desire of another person; that it was not his own sword, but that Edwards gave it him, and that he carried it for him. Although you have heard occasionally of Edwards, there is not the slightest proof that he was in Cato-street at all, but, on the contrary, his presence there is negatived; this sword, therefore, must have been carried by some one of the persons who were in Cato-street. In addition to the sword and the knife, Adams speaks of two bags or haversacks, which Ings exhibited before he went from Fox-court; that he accoutred himself with them, and stated that the horrible purpose to which they were to be applied was, to carry off the heads of two of his majesty's ministers, from the massacre in Grosvenor-square; the prisoner is actually found with those two bags suspended from his shoulders; but I am tiring you I fear with the enumeration of these circumstances; but they will make good the assertion with which I set out, that you would find so much of confirmation before you, that it would be impossible for you to doubt the general accuracy of the account of Adams. While we are talking of private revenge against his majesty's ministers, permit me to ask, if the gratification of that feeling was the only object these conspirators had in view, why was not the scheme which they originally purposed and approved, of assassinating the ministers at their own houses, persisted in? If the plan originated in hatred and animosity against the individuals, tell me, as reasonable men, what anxiety could they have to take off the whole of the cabinet at one blow, unless it was intended to carry into effect the overthrow of the state, by availing themselves of the confusion arising out of the destruction of all the executive ministers of the Crown? When you find by the concessions of my learned friends (and they have made none which the necessity of the case has not forced upon them, they have admitted nothing it was possible for them in duty to the prisoner to deny), when the counsel for the accused are, by the strength of the evidence, forced to allow that there was a conspiracy to murder bis majesty's ministers, and that the prisoners met in Cato-street, for that avowed purpose; I ask any man to assign even a plausible reason, why Adams, a participator in the guilt, should wish to add to the admitted enormity of their crime, by charging them with intentions of a still more atrocious nature. I must trouble you with a remark or two on the interest Adams is said to have upon this If, then, Adams has no interest to deceive occasion, and on which so much observation you, and if you find him confirmed in the ma has been made. What possible interest, I terial parts of his narrative, what just reason appeal to every one of you, can he have in can there be for refusing credit to the testisuperadding, if it did not exist, the ulterior mony he has given to the court? But does purpose of overturning the government? Adams the case rest upon the evidence of Adams? do is apprehended-he states, there is a nefarious my learned friends imagine, that you, or that plot to assassinate the whole cabinet, sufficiently I, have blotted out from our recollection all that infamous, as my learned friend admits-suffi- we have heard from the mouths of the other witciently horrible; what credit then is he to nesses? Before I dismiss Adams, let me call your obtain by charging the conspirators with the attention to Chambers, who is put into the box further intention of destroying the existing to contradict him. My learned friends, to order of things? His interest was all the other whom the prisoner has confided his defence, way he had disclosed enough of infamy and examined Adams, as to whether he had called guilt, when he had made known the plan of on this Chambers, and used certain expresassassination. If the scheme originated in sions; Adams denies using the expressions motives of private revenge entertained against imputed to him, and the gentleman who last the ministers individually, what object could addressed you says, he must admit that Chamhe have in stating that it was a mere step for bers has been mixed up with bad company by the accomplishment of other projects? He had my friend Mr. Gurney who cross-examined already heaped upon his own head, and that him-that undoubtedly he is a radical-that of each of his associates, a load of crime, suffi- he has been carrying flags at different meetings ciently heavy to press them down; and what-but that nothing beyond this can be brought possible motive can be assigned for his increasing their delinquency and his own by stating, that they intended to overthrow the government? the charge so far from giving a greater appearance of truth to his account, was calculated to diminish its credibility in proportion to the magnitude and atrocity of the crime imputed. I submit there is an absence of all interest in Adams to make the offence of these men more heinous than it was, and that nothing can have induced him to implicate them to the extent he has, but a desire of disclosing the whole of the conspiracy, and making as ample atonement as is in his power to the offended laws of his country. against his character. I remember (perhaps they have not escaped your memory) the very forcible observations which were made by the learned counsel who first addressed you on the part of the prisoner (adopting language supposed to have been used by the Solicitor-gene ral, in examining the testimony of a man, who had been stated to have had proposed to him by another, to make an abominable accusation against a third person, with the view of extorting money); my learned friend said, that the Solicitor-general had remarked, that the man who could receive such an application, apparently assent to it, and not communicate |