« PreviousContinue »
spoken; the bags in which the avowed inten- detected, it is utterly impossible! It never tion was to carry away the heads of some of did happen--it never can! I cannot believe the murdered party.
on any testimony that it is intended. But Now this is truly, in all its circumstances, a how fallacious would have been such reasoning case of a most extraordinary nature. It is is proved too clearly by the fact! And the admitted, that all these persons were met (not faci established, the next step I fear is of no it is argued for a treasonable purpose) but difficulty whatever. For that public revolution with an intention to proceed to a cabinet din- could only have been intended by such means, ner, to assassinate all the ministers assembled is as difficult to disbelieve as it was difficult to there; to what motive can this be referred ? believe in the means till established. Besides, Was it private malice? Was it personal re- upon the evidence, it will be for you to say, venge merely? The lots of the prisoners at whether extensive co-operation was not the the bar were cast too widely asunder from support and consequence to what they looked, those of the objects of their vengeance, to per as proved expressly not only by the measures mit us to account for their plan on any grounds but by the different declarations given in of private or personal difference. Is it possible evidence. to suppose, that the object was to commit a The prisoner has called witnesses to immurder merely, and stop there? Of this you peach the testimony of Adams, of whose eviwill judge, looking to the nature of the prepara-dence you will judge. You bave heard his tions made; not merely daggers concealed, defence, which I need not repeat to you, and but long staves for pikes; not merely cartridges in which he has desired you, before you disfor pistols ; but cartridges of a size to charge pose of his case, fully to examine all the cirartillery; grenades sufficiently strong in their cumstances, and well to weigh the verdict you construction, to be equal to the power of a may pronounce. In that prayer I most readily nine-inch shell—the number of arms—the join.' Weigb well the evidence! Deliberate quantity of ammunition-the military dépôt- thoroughly on the result! And if in concluthe fire balls, and the surveys made.-Connect- sion you can have any doubt of the facts which ing this with what relates to the Mansion-house constitute the overt acts charged, or the and the Bank—the provisional government purpose alleged as connected with them; if and the expectation that the people would you think that, however horrible, this was an rise and join—it is for you, gentlemen, to
intended assassination, and nothing more ; judge, whether this was merely to lead to and that the conspirators were to go into the house, end in the assassination of the king's ministers ; commit the murder, and then separate, and or, whether there was not an ulterior purpose that with that separation all operations were of insurrection and revolution, to which the to cease-if this should be your opinion—in assassination was but preparatory and subser- the honest exercise of your judgment apply it vient.
to the case, and acquit the prisoner. But, on But it has been said, is it probable that the other hand, if it be impossible fairly to form persons comparatively so few in number should such a judgment, then you will perform that suppose themselves able to accomplish such a duty which in the name of that Being referred mighty purpose as to bring about a revolution to more than once in the course of these proin the government of the country? I cannot ceedings, you have been sworn well and truly tell what in their estimation might be proba- to discharge, and pronounce the prisoner ble; but this is a most uncertain test by guilty because you believe him to be so. which to judge; for if I had been told there Finally, if you have any doubt, give him the could be found five-and-twenty men
benefit of it, and nobody will rejoice more the face of the earth, and still more (and I than I shall, if you can, with satisfaction to grieve to say) five-and-iwenty men of the your consciences, pronounce him not guilty. country to which we have the happiness to belong, who could have combined io commit The Jury withdrew at twenty-five minutes such a dreadful deed of barbarity and blood, I past eight, and returned in twenty-five should have said, till they had been detected minutes, finding the prisoner Guilty on in the way in which these persons have been the first and third counts.
704. The whole Proceedings on the Trial of John THOMAS
Brunt, for High Treason, before the Court holden under a
Mr. Barclay was sworn. SESSIONS HOUSE, OLD BAILEY,
Edward Hughes, gentleman, excused on account Monday, APRIL 24th, 1820.
Edward Grant, cow-keeper, excused on ac. Present
count of illness. The Right Hon. Lord Chief Baron (Richards.] Thomas Lester, bookseller, challenged by the The Hon. Mr. Baron Garrow.
Crown. The Hon. Mr. Justice Richardson.
Joseph Sheffield, esq. and ironmonger, challenThe Common Sergeant,
ged by the prisoner. And others his Majesty's Justices, &c.
Thomas Goodchild, esq. sworn.
Joseph Haynes, bricklayer, challenged by the [The Prisoner was set to the Bar.] Crown. The Jury Panel was called over, commen
Robert Stephenson, anchorsmith, challenged by cing with No. 219.
the Crown. Richard Emery, cooper, challenged by the Mr. Stephenson.-I am sorry to be under Crown.
the necessity of appealing to your lordship, Stephen Gaurd, bricklayer, challenged by the but I should think, having been challenged Crown.
twice* I may claim a right to withdraw alto-, John Apple, drug-grinder, excused on account gether.
of illness. Thomas Brayne, mason, challenged by the
Lord Chief Baron.–Certainly not. prisoner
Mr. Stephenson. I have always applied myWilliam Butler Baker, challenged by the self strictly to do my duty, as I have been Crown.
taught from my infancy, but I conceive I am William Benn, farmer, challenged by the trifled with. Crown.
Mr. Solicitor-General.-It is no reproach to John Roper, gentleman, fined for non-attend.
any gentleman that he is challenged, either on William Norton, sawyer, challenged by the the one side or the other, and ought not to be prisoner.
Richard Blunt, gentleman, challenged by the
prisoner. Mr. Barclay.-My lord, I feel so completely Isaac Gunn, baker, challenged by the Crown. influenced by the facts that came before me William Churchill, gentleman, and wine-meron the former trial,+that I really do not feel chant, challenged by the Crown. myself a competent judge.
Thomas Suffield Aldersey, esquire, sworn. Lord Chief Baron. It is no objection unless Thomas Wilkinson, farmer, challenged by the the parties object.
Samuel Fish, tobacconist, challenged by the Mr. Curwood.—We prefer him, my lord, prisoner. because he will be able to see the difference. Edmund Collingridge, water-gilder, challenged Mt. Barclay.—I trust I may be exempt William Shore, farmer, challenged by the Crown.
by the Crown. under these circumstances.
James Herbert, carpenter, sworn. Mr. Justice Richardson. It is no objection John Shuter, gentleman, sworn. in point of law.
Josiah Bartholomew, watchmaker, challenged
by the prisoner. See the preceding and following Cases. + He was one of the Jury on the trial of * Now, and in the case of Arthur ThistleArthur Thistlewood,
John Jones, carpenter, challenged by the Crown. | John Jones, stock-broker, challenged by the Henry Ramsey, boat-builder, excused on ac Crown. count of illness.
Thomas Partridge, farmer, challenged by the Thomas Bristow, coachmaker, challenged by prisoner. the prisoner.
George Henn, ship-chandler, challenged by the Samuel Granger, lighterman, challenged by the Crown. prisoner.
Thomas Harby, esq. and rope-maker, challenged George Dickenson, builder, challenged by the by the prisoner. prisoner.
Wilian Jarrett, watch-engraver, challenged by Thomas Parkinson, upholsterer, challenged by the prisoner. the prisoner.
Samuel Wimbush, horse-dealer, fined for nonThomas Ashton, esq. and ship-chandler, chal attendance. lenged by the prisoner.
John Bunting, gentleman and tailor, challenged Janes Wilmot, market-gardener, sworn.
by the Crown. George Phillips, jeweller, challenged by the William Dawes, farmer, challenged by the prisoner,
Crown, Thomas Bird, distiller, challenged by the pri- Wilham Cooper, gentleman, challenged by the
prisoner. William Johnson, baker, challenged by the Robert Greaves, gentleman, excused on account Crown.
of illness. John Edward Shephard, gentleman, sworn. Christopher Dowson, ship-builder, challenged Samuel Gould, calico-printer, challenged by the by the Crown. Crown.
William James Furmer, baker, challenged by James Wadmore, esq. challenged by the prisoner. the prisoner. Thomas Brown, oilman, challenged by the pri- David Newman, farmer, challenged by the soner.
Crown. George Allen, brass-founder, challenged by the George Thorpe, clock-case maker, challenged prisoner,
by the Crown, William Reed, esq. challenged by the prisoner. Henry Seaborn, cooper, excused on account of George Davis, cooper, challenged by the pri illness,
Francis Sherborn, esq. and farmer, challenged John Farnell, brewer, challenged by the pri
by the prisoner.
Edward Simpson, shipwright, challenged by the John Westbrook, brick-maker, fined for non prisoner.
attendance, but the fine afterwards remitted William Davies, shopkeeper, challenged by the on proof of illness.
Crown, Jonathan Passingham, farmer, challenged by the Richard Franks, esq. and silk-mercer, chalCrown.
lenged by the Crown. Joseph Drake, draper, challenged by the pri- John Smith, undertaker, sworn. soner.
Thomas Langley, ship-chandler, challenged by Joseph Clements, market-gardener, excused on the Crown. account of illness,
George Priest, esq. challenged by the prisoner. John Fowler, iron-plate worker, sworn. Samuel Wilson, gentleman and mercbant, Samuel Rhodes, esq. and cow-keeper, challenged
Mr. Curwood.--I have no cause to shew, my by the prisoner. William Gibbs Roberts, cooper, sworn.
challenges are exhausted. Richard Smith, esq. challenged by the Crown. Mr. Attorney General. The prisoner sball Joseph Pendered, iron-plate worker, challenged not suffer inconvenience from that circumby the Crown.
stance. Thomas Garrett, shipwright, challenged by the
Challenged by the Crown. Crown, Matthew Ashton, coach-master, challenged by Alfred Batson, esq. and porter-dealer, challeng
Michael Atkins, esq., challenged by the Crown. the prisoner. Richard Hatchett, esq. and farmer, challenged George Taylor, bricklayer, challenged by the
ed by the Crown. by the prisover.
John Woodward, geotleman, sworn.
THE JURY. illness.
Alexander Barclay, John Shephard, John Dobson, esq. challenged by the prisoner. Thomas Goodchild, John Fowler, Thomas Dicks, silversmith, challenged by the Thos. Suffield Aldersey, Wm. Gibbs Roberts, Crown.
James Herbert, John Dickenson, Thomas Wood, painter, ehallenged by the pri- John Shuter,
James Wilmot, Jobn Woodward. James Gates, joiner, challenged by the Crown. Robert Wells, farmer, challenged by the Crown. The Jury were charged with the prisoner in Edward Bracebridge, watchmaker, challenged the usual form.
by the Crown.
Mr. Attorney General.-Before Mr. Bolland request, and that therefore it is unnecessary, opens the case, I think it my duty to bring but in justice to the prisoner at the bar you before your lordships a eircumstance which will forgive me for baring made it; and I am has occurred since you last sat in this place. satisfied, that through the whole course of this The Court, from an anxious desire that nothing trial, your minds will not be influenced by any should occur during the course of these trials, thing but the evidence in the case, and that, which could by any means operate to the pre- upon that evidence alone your conclusion with judice of the prisoners, at the commencement be formed. of the proceedings directed that do publication The charge against the prisoner at the bar of the proceedings on the first or any other is that of high treason; and without troubling trial, should take place until the whole of you with stating the different counts of this them were brought to a conclusion. With that indictment, I shall content myself by observing injunction, I believe I may state, that the to you, that it is necessary by the law, that daily papers have most properly complied; but the acts intended to be given in evidence it appears by the paper which has been put against the accused, shall be stated in the ininto my hands, that a publication was made dictment. Those acts consist in consultations yesterday in the Observer newspaper of the and deliberations by the prisoner at the bar, whole of the trial of Arthur Thistlewood, and and others, 10 overturn the constitution of the not a very short account was given also of the country, to excite insurrection against the trial of James Ings, and my lords, this publica established government–in having actually tion has been issued with a full knowledge on prepared means for that purpose--and in the part of the publisher, of the prohibition having formed and acted upon an intention which the Court had pronounced, for I find to assassinate all his majesty's ministers. Those that prohibition published in this very paper statements are introduced into the indictment which contains the account of the trials I have as indicating and evidencing the intention har, mentioned
boured in the mind of the prisoner at the bar It is not my intention at this moment to and his associates, to depose the king from his interrupt the proceedings which are about to royal authority, or to levy war against him, in take place, by calling upon your lordships to order by force to compel him to change bis take any specific step upon this most daring and measures and counsels; and I believe I may flagrant contempt of the authority of the Court; state with perfect confidence, that if these overt but I think I owe it to the dignity of the Court, acts, as they are called, shall be proved to your and to the situation which I hold, to state thus satisfaction, they will establish the charge of publicly, that this conduct cannot pass unno- high treason against the prisoner at the bar. ticed ; and that undoubtedly some proceedings | I consider it, therefore, sufficient at present to will be taken, when the means are furnished request your attention to the nature of the to bring the matter in a proper shape before evidence which will be laid before you, without your lordships. *
troubling you further upon the law of the Prisoner. — Would your lordship have the case. goodness to give me the indulgence of a seat, shoemaker, residing in Fox-court near Gray’s
The prisoner, John Thomas Brunt, was a at intervals, when I am tired. Lord Chief Baron. --Certainly.
ino-lane, and it will be proved by the witnesses,
that early in the present year, plans (which The Indictment was opened by Mr. Bolland. In the mind of the prisoner at the bar, and the
probably had for a period long before existed Mr. Attorney General.-Gentlemen of the other persons who were associated with him), Jury ;-You have heard, from the opening of were more matured and brought nearer to the the indictment by my learned friend, the point of execution. One of his associates was nature of the charge which is preferred against a man who must frequently be mentioned in the prisoner at the bar; and as the circum- the course of this investigation, of the name stances of this case, about to be laid before of Thistlewood, a name probably not unknown you in evidence, have already come to the to any of you, and it is a duty I owe to the knowledge of some of you from the duty you prisoner to request that you will lay out of have lately performed, and may probably have your consideration'any thing which has occurred reached the minds of the rest; let me, in the with respect to Thistlewood, and confine outset, beseech you to dismiss, as far as you yourselves strictly to the proofs which will be can, all recollection of what you have heard or laid before you in support of the particular read upon the subject of this proceeding, and charge you are now impanelled to try. Anoto confine your attentiou exclusively to the ther person, included in the present indict. facts which will be adduced in evidence upon ment, James Ings, by trade a butcher, will the present occasion. I am convinced that also appear to you to have been an intimate of every one of you has anticipated me in this the prisoner Brunt. At the commencement
of the present year, meetings were called by * See the commencement of the trial of these three individuals, Thistlewood, Ings, and. Arthur Thistlewood, April 17th, suprd ; and the prisoner, at which several other persons, the proceedings at the close of the present who will be introduced to your notice in the trial, infrà.
course of this trial, were assembled. They
were held at the White Hart in Brook's-market, the evening of the following Wednesday.
intended, that after the taking of those cannon