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purpose of holding a pistol. Davidson was the loft at the top of the ladder, I saw a numalso brought in, and he began to sing, Scots ber of men falling back, placing themselves wha ha wi Wallace bled; and he said, damn against the back of the loft. I saw Thistleany man that would not die in liberty's cause; wood and two or three more between the carhe gloried in it. Wilson was brought in, but penter's bench and the door of the little room. I did not search him. After this I returned to On my gaining the top of the ladder, be shook the loft and found there several soldiers, four his sword in this manner at me, as if to make prisoners, and some police officers in the room. a stab. I desired him to desist, or I would When Smithers received the thrust with the fire. I had a pistol in my right hand, and a sword he fell backward, and cried, Oh my constable's staff in my left hand, which I held God! or, Oh I am done! I do not know which, up so. Thistlewood retreated, backing into and died directly. I found arms on returning the little room; and at that moment, having to the loft;" then he produced the list of all gained the top of the ladder, Smithers rushed the things that were found in the loft, together forward to enter the door of the little room; with another list of arms, ammunition, and and the moment he was in, Thistlewood accoutrements; of all of which you have heard stabbed him in the right breast. Smithers held so much and seen them displayed, and which up his hands. I saw him fall back, and heard were found not only in the loft, but a part at him exclaim, Oh my God! and falling almost Brunt's, and a part at what is called the dépôt immediately, he staggered past me, and rose at Tidd's. “ Tidd fired a pistol when he was no more. I fired at Thistlewood; the lights lying upon me. Wilson, when in the Horse were put out the moment I fired; the flash of and Groom, said he did not care a damn; he my own pistol was the last light I saw. Great knew it was all over; they might as well kill confusion immediately took place; there was him now as at any other time. Before I went a rush by me; I was thrown down the ladder; to the stable I went to the Horse and Groom; several shots were fired in the loft while I was while I was there, Cooper and Gilchrist came on the ladder; two or three shots were fired, in; after they went out Gilchrist came back when I found myself in the stable; two passed for a stick, one end was cut round, as if to re me at the door. I cannot tell exactly from ceive the socket of any thing. I think there where fired. Another shot was fired in the were about eight lights in the two rooms; four stable by a man who stood there. There or five in the first room of the loft. I could were some shots from the window of the see them ; I have no doubt there were four or little room, which looks into Cato-street. five. I said, we are officers; seize their arms. While at the door, I heard a cry of, Stop him ! Smithers said nothing more than, let me come and observed a man running away towards forward ; and when he received the blow he Cato-street; he had two white cross belts. I fell back, crying, Oh my God!”

pursued him, and caught him in Cato-street; James Ellis is the next witness called; he it was Davidson. On laying hold of him, be says, “ I was one of the conductors of the made a cut, intended for me, with a sword; Bow-street patrole on Wednesday, the 23rd of others came up, he was secured. I left him February. 'I went with other officers, and with an officer, and returned to the stable, entered the stable close to Ruthven; there was where I found lieutenant Fitzclarence and the a light in the stable; two men were there. soldiers; four men were in the loft in custody The first I observed was standing about half- of the soldiers; of these Monument was one way between the door and the foot of the and Wilson another; they were all taken to ladder. I believe it was Davidson ; he had a Bow-street, and finally committed." short gun or carbine in his hand; he carried it The next witness is William Westcoatt, who so”—[the witness pointed out how] “and at went with Ruthven and the others, but not up his left hand side a long sword and two white into the loft. He says, “when they had gone cross belts. I took him by the collar, and up I heard a noise of firing and confusion”turned him half round; I looked in his face, and then this witness tells you, and to which and saw that he was a man of colour, upon you will particularly advert--that he, remainwhich I desired some of the officers to secure ing below, observed Ings in the stable, who him, and left him. There was another man rushed towards him, the witness, as if endeanear the foot of the ladder in the further stall | vouring to get out of the stable. He says, of the stable; he appeared to be a shorter “I seized him by the collar, and shoved him man, he had a dark-coloured coat. I took back against the wall at the foot of the ladder; little notice of him. I followed Ruthven up he put his hand to his side as if to get out a the ladder, and heard what I understood to be weapon; I knocked him down; at this time a signal to those above. Smithers followed the officers came tumbling down the ladder. me; I ascended the ladder, and I heard im- I heard a firing above; I saw the flash of a mediately a rattling of swords when we got pistol from the ladder after they had come up. Ruthven called out, that we were officers, down; it appeared to have been fired into the seize or surrender your arms, I am not positive stable; then a man came down the ladder who which; there were candles in the loft, three or appeared to have fired the pistol ; it was Thismore, and lights in the little room besides. | tlewood; he turned round and presented a The lights were placed on a carpenter's bench, pistol at my head ; it went off. I had before which stood across the room. On getting into lifted op my left hand, it passed through the

sleeve of my coat; and while he was doing it staggered me to the right, and then (I supthis" that is lifting up and presenting the pose, meaning to avoid the pursuit of my pistol, “ I let go of Ings whom I was bolding companion, who was following him) he came before it wounded me, and there were three into the Edgeware-road and threw the pistol holes in my hat; I received then a violent away; a little further on, there was a watchblow on the right side of my head, and I fell; man of the name of Moay, who laid hold of as I fell, Thistlewood made a cut at me with him just as I did; I never lost sight of him a sword, and rushed out at the stable door." till he was taken; I said, when taken, you

The next witness is Luke Nixon, also a rascal, why did you fire at me, a man you had Bow-street patrole, who went with the other never seen before; he said to kill you, and I officers; he says, “I saw Westcoatt in con- wish that I had done it; and this he repeated flict with Ings, in the stable ; I saw Ings leave afterwards to the soldiers, and to my partners." the stable; I made a snatch at him to catch William Lee is also a Bow-street patrole, him, but missed him; I do not think Thistle and he says, “ I went to the Horse and Groom wood had got away then; Ings got out, and I in the evening, before the officers went to the ran after him up John-street, but he bad got stable; I saw Cooper and Gilchrist go in too far; on this I heard a 'pistol fired, and there; they were taken that night and congoing up I found him in the custody of Brooks veyed to Bow-street.” and Champion."

The next witness was lieutenant Fitz-claJoseph Champion is next called, be also is rence; he says, that he is a lieutenant in the one of the Bow-street patrole ; he says, “I Coldstream-guards; that he was applied to on followed Ruthven to the foot of the ladder; I the night in qnestion, to go to Cato-street ; was about the sixth or seventh man behind that he took a picquet with him, and arrived him; I was at the foot of the ladder when he there a few minutes after eight; he entered was at the top; I saw Ings at the bottom;" the stable three or four minutes after eight: this is the second witness who speaks of him going under the gateway, leading into Catoby name; as to the former officer, you will street, I saw a police officer, who cried out, judge whether he identifies him or not by Soldiers ! soldiers! stable-door! He says, description; he says, “I saw Ings at the foot that he saw two or three persons in the of the ladder; he looked up, and cried out, stable"I was met by two men, one prelook out above; Westcoatt endeavoured to sented a pistol at me; I am not sure that it secure him, but he made his escape. I fol was a pistol, but he presented something at lowed him, and laid hold of him just after me, which appeared to me to be a pistol; at Brooks had laid hold of him; we took him to the same time a man with a sword struck at the watch-house, and we searched him, and on me, which I parried. Seeing a body of sole his person we found four pistol-balls, the key diers coming up, he ran into the stable ; I fol. of a pistol, a case of blue cloth for a large lowed him, and ihe moment I got into the stable, knife, which fitted the butcher's knife pro- I ran up against a man who surrendered himself, duced here, and which had wax-end twisted saying, do not kill me, and I will tell you all; round the handle; I took off his great coat, I gave him over to the soldiers. I then ran and then under this, about his person, there forward into the stable; I went up into one were two haversacks slung, over his shoulders; of the stalls, and took a man out, whom I also I saw in one of them a tin case, with loose delivered to the soldiers ;" and then in the gunpowder, nearly full; he had a cloth belt very gallant and proper discharge of his duty round his waist with pistol holsters."

-considering the firing that was going on, the John Wright was also one of the Bow-street time of night, the obscurity of the place, and patrole; he was there on the 23rd of February, the danger with which it was attended-be and saw a man in the further stall, and says, goes up this narrow ladder, on which there “ I took a knife and sword from him; it was was only room for one at a time. He says, a butcher's knife, with a wax-end tied round “I led the soldiers, and when I got into the the handle of it; the sword was about three loft, I fell over the legs of poor Smithers. By feet long; I took these from a man at the foot the light in ascending the steps, I saw three or of the ladder, in size like the prisoner at the four men in the room; I secured these also; bar;” and who is proved by the other two then I went on, and there was a large quantity witnesses to have been by name Ings the pri- of arms in different places of the loft; blunsover; he says, “I was knocked down, and derbusses, swords, pistols, pikes, and the arms received a stab on my side; when I recovered were packed up and seized by the different he was gone.”

soldiers who took them away." Brooks is then called, who was also a pat The next witness called, is Serjeant William role; and he tells you, when I was in John. Legg, who is a serjeant of the second battalion street, I saw Ings running up the street; 1 of the Coldstream-guards, and went with capcrossed the street, and found one of my part- tain Fitz-clarence, who directed the party. ners with a cutlass; I went up, and the pric He says, the moment the police officers had soner presented a pistol and said he would spoken to him, the party were directed to shoot me, and fired; the ball struck me, and advance in double quick time. “Just before," went through my collar and the shoulder of he says, “we had heard the report of pistols; my waistcoat, and out at the back of my neck; there was a man standing with his back against

the door; he had a pistol, and he levelled it bed-side; in his waistcoat pocket there were against captain Fitz-clarence; but it was turned three leaden balls, a ball-cartridge, a blankaway by my pike. I then seized the pistol cartridge, and two flints, and a small silk sash. with my left hand, and a scufile ensued be- I took him into custody." tween the prisoner and me; that prisoner was On the cross-examination he says, “I do Tidd. After some time, we both having hold not know Edwards.” of the pistol, it went off, and tore a hole in my Ruthven was then called back, and he procoat; I delivered Tidd to one of the police; duced the arms taken from Cato-street. the pistol is here; on going up into the loft Morison was called back, and identified a I saw three others who had surrendered." sword found there as the one brought to him - The next witness called is Samuel Hercules to be sharpened, by Ings. He says, that it Taunton, who says, I belong to the police “was directed to be made particularly sharp office at Bow-street. On Thursday morning, at the point, both back and edge, as sharp as the 24th of February, I went to Brunt's lodg- a needle ; it appears to have been rubbed on a ings, where I saw Brunt and apprehended stone to keep the keenness of the edge." him; I searched the apartments 'occupied by

Taunton is next called back, and he prohim, but found nothing in the front room; I duces the arms found at Brunt's. Ile says, then went into the back room, where I found “this basket contains nine papers of ropetwo rush baskets, both packed up, one tied up yarn, tar, and other ingredients; there are in a blue apron; and having seized Brunt, I also some steel filings. Then he produces asked him about them, and he said he knew the basket which was tied up in a blue apron, nothing of them. I brought the baskets out, and says, “these are flannel bags full of gunand I opened them afterwards ; and I found powder; there are also some empty; there in them nine papers of rope-yarn and tar, and are four band-grenades; a pike-bandle, filed other ingredients calculated to take fire; and at the end so as to receive a pike, and it has also steel-filings. In one of the baskets there a ferule on; this is the iron pot, there is the were four haud-grenades; three papers of appearance of tar at the bottom; these are rope-yarn, tar, and other ingredients; two the sixty-three bullets in a leathern bag." bags, containing each one pound of gun-pow. Then he produces the things found at Tidd's, and, der; five flannel bags empty; one leather bag looking at them, he says, “ These are some of containing sixty-three bullets. In the room the ball-cartridges; three pounds of gunpowder, there was an iron pot, which appeared to have some hand-grenades, eleven bags of gunpowder, had tar boiled in it very recently, and a pike of a pound each, some empty bags ;" and he handle finished in rough; this was what I produces the various things found there. found at Brunt's. I afterwards went to Tidd's, Then Ruthven is called back, and he proves about nine in the morning, and searched his that those arms found in Cato-street were most lodgings, where I found 434 balls in a haver- of them loaded, one or two had been fired sack; 171 ball-cartridges, loose; 69 ball-cart- off; the others were drawn last Monday. ridges, without powder; three pounds of gun Then Serjeant Hanson is called ; he is in the powder, in a brown paper; 10 grenades; Royal Artillery, and he looks at the fire-balls; i1 bags of gunpowder, one pound each," these he says, they are composed of oakum, tar, and are the Aannel bags; "and 10 flannel bags, rosin ; and if they were lighted and thrown into empty; and there was a small linen bag with a house they would set the house on fire; powder ; a powder flask with some powder in if into a hay-loft, still more likely. He says, it; 68 bullets, four flints, and 27 pike-handles looking at the fuse, it would burn about half a with sockets at the ends for pikes; and a box minute; and, looking at the thing itself, he which contained 965 ball-cartridges. This is says, this one would burn three or four minutes; all I found at Tidd's."

and then looking at one of the cartridges (and He was asked, upon his cross-examination, this part of the evidence is very material) so about Palin; whether there is a reward offered seized at this dépôt, he says, “this is a flannel for him ? he says there is ; that he has observed cartridge for a six-pounder, powder is so made that he is advertized for the part be took in up for the purpose of charging cannon; but this business.

ours are not made up in the same way, for Daniel Bishop is the next witness called, they are serge ; this will answer the purpose." and says he apprehended Thistlewood between Then he looked at the hand-grenades, he took ten and eleven in the forenoon of the 24th of one to pieces; and then he says, that the exFebruary, at No. 8, White-street, Little Moor- terior tight binding, as they appear to you to fields, in the apartments of a Mrs. Harris; his be, increases the effect when they burst; if own abode, he says, being in Stanhope-street, they were slack they would not have half the Clare-market. He says he was in bed with effect; and then he pointed out to you, before his breeches and stockings on. “Upon my they were taken to pieces, the great nails in opening the door, he just held up his head from different situations, which in a thing likely to under the bed-clothes ; I had a pistol in one explode with this violence, would, like a shower hand and a staff in the other. I told him who of shot, be scattered in all directions, and be I was, my name, and that I had a warrant productive of infinite mischief; and then he against him; he said, I shall make no resist- says, this is more powder than we use to burst ance. His coat and waistcoat were by the a nine-inch shell. VOL. XXXIII.

4 F

This is the whole of the evidence for the in the morning by a man and a boy; I know prosecution which I have felt it my duty in Edwards ; he brought some of the grenades, This case, so important to the prisoner ai the Edwards was the man; they were taken away bar, to state to you.

and returned; I saw Edwards on the morning On the part of the prisoner, the first witness of the 23rd, he came and took some of the called was Thomas Chambers; who says, that I grenades and powder away ; they might be the he lives at No. 3, Heath-cock-court, in the same that were brought back on the 24th, but Strand, Dearly opposite the Adelphi. He is I do not know; there was one very large one ; called to impeach the character and the testi- Adams brought it ; that was not brought back mony which was given by the witness Adams; again." and he says, “I had seen Adams in company Upon cross-examination she says, “the box with Edwards about a week before the Cato- had been there two or three days ; I do not street business took place; I was by myself in know how long the grenades had been there my room when they came together; they made they might have been there a fortnight; it was a proposal to me about the assassination of on the morning of Wednesday that they were the king's ministers, and asked me to go with taken away; the box was kept corded, it had them; I refused ; Adams said to me they not been opened to my knowledge.". were going to kill his majesty's ministers, and This is the evidence on the one side, and on they would have blood and wine for supper; the other; and it is for you to say whether, they came to me again on the Monday-night, upon this evidence, the prisoner at the bar be (it was a wet night) before the Caio-street or be not guilty of the criminality imputed to business; they brought a large bag and wanted him by this indictment; one of the charges being to leave it. I am a boot-maker; I cannot say a conspiracy to depose the king, and the other how long I have known Ings; I have not been a conspiracy to levy war against the king; in his company above two or three times. I such as I have before stated. met him near the court where I live, at a pam You have been truly told, that the nature phlet shop, where they sell the Black Dwarf of this offence consists in the intention; and and the Medusa; the shop is kept by Wat the intentions charged are those which I ling; I know the Scotch Arms in Round-court, have pointed out. The overt acts themselves in the Strand; it is near my lodgings; I never are but manifestations of the inward intent, saw Ings there; I had been there three times and if such overt acts as are stated are estabó before Christmas ; there was no business going lished by the evidence, there can be no doubt on, nor any chairman; the three times I was that, in point of law, the prisoner is guilty. there, I was in the tap-room; I have been at Now first, with respect to the purpose - It the Black Dog in Gray's-inn-lane; there was must be a public purpose: and the purpose no chair there, it was in a little parlour, and I charged is an intention to bring about a revolusaw seven persons there; I was invited there by tion in the government, to compel the king to a man of the name of Bryant, who was going change his measures, and to put many of those to the Cape of Good Hope; they were all stran- employed in the administration of the governgers to me but one, and that one whom I knew ment to death, by the means that have been was Thistlewood; I know Brunt very well, stated and proved. But still, if this were but he was not there; I will not swear I do merely an intention to assassinate the king's not know Palin; I have not bad any conversa- ministers, and that such assassination should tion with him, but I may have seen him ; I was end with itself, however diabolical such a des at all the meetings in Smithfield ; I cannot sign would be, still having no ulterior public state who carried the black fag upon that view, it would not be the offence imputed; but occasion, but I have carried two flags; there it will be for you to judge on the facts in was inscribed on one, • The Manchester Mas- proof, what were the motives, and what the sacre ;' never saw a flag, “Let us die like end and object of the conspiracy in question. Free men, not live like Slaves." On Hunt's To begin with the evidence of Adams. If entry, I carried a flag of “Trial by Jury;' I you believe him, there can be no possible doubt know Davidson; I have not much knowledge in the case ; for he proves the origin and proof Tidd, I may have seen him; I have seen gress of different meetings, from time to time, Wilson; I know Harrison very well; I have at which this scheme was formed and matured, not much knowledge of Bradburn; I do not up to the moment when it was preparing to be know Strange, nor Gilchrist, nor Cooper; I carried into execution. But you have been have known Thistlewood since Mr. Hunt's told, and truly, that Adamas is an aecomplice; triumphal entry; the proposal of assassination that he is a man, upon his own confession, as shocked me so, that I'did not go; Bow-street guilty as those against whom he appears to was near me, but I did not myself go to Bow- give evidence; and so undoubtedly he must be street and give any information ; I do not taken to be. But it is not to be expected in know whether Edwards knew of my acquainte cases of this sort that an accomplice can ever ance with the other people.”

be an innocent person : the very nature of his Then the next witness who is called, is situation imporis, that he himself is connected Mary Barker, the daughter of Tidd. She in guilt with those whom he stands forward to says, some powder was found at his house, and accuse; and if the doctrines which we have some grenades and balls ; "they were brought heard this day could be adopted, it would

never be possible to call an accomplice, because on the night in question. Ings never did his testimony would be got rid of by the single return to it; and Brunt returned and behaved obseryation that he was an accomplice, that is, himself in this way. The next morning the a guilty man himself. At the same time you officers found Brunt packing into two baskets, have been truly told, that though in point of to be conveyed away, all the different arms law an accomplice is a witness competent to and ammunition, which have been produced be received, and therefore one who in point of before you ; therefore, if the case resied upon law it is competent to a jury to believe, yet in the testimony of Adams only, is this such conthe practical application of the rule, juries firmation of the truth of the story told to you ought not to convict upon the testimony of an by him, as to make him a witness worthy of accomplice, unless his testimony receivesproper your belief? So I state the question, leaving and reasonable confirmation. Upon this part it to you to answer it to yourselves, of the case, I have heard the ļaw pot inten Independent of this, there is the testimony tionally but grossly mis-stated; the rule is, of Monument, with regard to whom, 'if it rested that an accomplice must be confirmed-con- merely on his testimony, it might be said, that firmed in some particulars, but not confirmed one accomplice cannot be confirmed by anin all; for you have been truly told, that if other; but unfortunately it does not, for his this last were the rule, it would be unnecessary brother, who is not implicated, proves Thistleto call an accomplice; because if the osher wood and Brunt coming to the house. He persons could confirm him in all, by proving confirms every part of the testimony of Adains the same facts themselves, their evidence would as to this part of the case; and in addition to supersede the necessity of his evidence, and this, you liave the evidence of another witness, therefore it is not necessary to confirm an ac- and that a person who stands in a very differcomplice in all particulars, the rule being, that ent situation-the evidence of Hiden. He, up it is necessary only to confirm him to such an to a certain time, had engaged in the transacextent as that upon the facts stated by other tion in question ; but such was his remorse af witnesses, the jury may see that he is worthy conscience, so completely did he sicken in of belief, Now is this, or is it not, the case of mind as this night approached, that you find Adams?

that before the parties assembled in CatoGentlemen, to take first the testimony of street, he did that which he could not have the three witnesses, to whom I have referred- done unless, as I stated before, he had possessthe maid servant who let the lodgings-Mrs. ed the spirit of prophecy ;-he actually, in Rogers, to whom the house belonged-and Hale, order to prevent the mischief intended, went to who was the apprentice of Brunt. What is lord Castlereagh's, and afterwards to lord Harproved by all these three witnesses? You will rowhy's, and delivered the letter, a forewarning judge, whether it be or be not the strongest to prevent what would otherwise have taken possible confirmation of the evidence of an place. Whether he be, therefore, an accomplice accomplice, which perhaps it is capable of re- up to a certain stage, or not, it is immaterial to ceiving. Adams had told you that a back room examine; he was not an accomplice at the was taken in Fox-court, Gray’s-inn-lane; that time he did that, which tended to defeat the it was taken by Brunt for Ings, who was de- plan proposed. scribed to be a butcher out of employ; and it Nor does it rest on the testimony of Adams is distinctly proved-confirming in that par so confirmed, or Monument so confirmed, or tieular every part of Adams's testimony-that the fact of the delivery of the letter, but you the room was taken for logs, that the meetings will judge whether this story is not also conwere held in this room, that he continued there firmed by all that took place on the night in up to the night of the meeting in Cato-street, question in Cato-street. There you find, asthat he never returned there after that night, sembled in the stable and in a room spread and that Brunt, another of the party, went out over with arms—a hay-loft I might almost say at the same time, returned the same evening, converted into an arsenal-a number, and of and conducted himself in the manner you have the number was Ings the prisoner, of persons heard. All these essential and leading features drawn up, as it were in military array, on the of Adams's evidence, are confirmed by the testi- point of sallying forth, he was seized-he esc mony of these accredited witnesses. And not caped; he was pursued-he turned round and only this, but on that very evening you find fired a pistol ; and on being asked by one of that Brunt came home, and told his wife that the officers, what he meant by shooting at him it was all up; that the police officers had an innocent man, he said, to kill you, and found their way into the loft; that he himself I wish I had done it-I am sorry to add, but had escaped only with his life; and then, shortly it is my painful duty to draw your attention after, came in another man, who also had been to the evidence, that a sword was taken from present, and who stated, he had received a a man not known at the moment by the person blow. The apprentice, Hale, upon whose who took it to be Ings, but proved to be him character no imputation is attempted to be cast, by two other witnesses; and when he was seized, proves the poles, the bags, pikes, and pistols- there was found on his person a sheath or case all these deadly preparations going on from fitted to the knife of which you have heard, time to time in the apartment of Ings, in the and under his coat and over his shoulders were house from which Ings and Brunt sallied forth found those two bags of which Adams had

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