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seven o'clock; 'and that if no one else came them; you know we have got that says Brunt, before seven, we should go together; no one that we can do it with; after that, the man in else came; and at seven o'clock, he went to the brown great coat said, though I do not the corner of the room, and took out a pistol, like to go with so small a number, yet as you which he put in a belt that he had got round are all for it, I will not be against it; he then his body under his great coat; he took about proposed they should all put themselves under six or seven pike heads wrapped up in brown the orders of Mr. Thistlewood. Thistewood paper, and a staff about four feet long, with a then said, every one who engages with me hole in one end of it adapted to receive a pike will have equal honour with myself; and he head; then we went down into Brook's-street proposed that the fourteen men who wre to and up to Oxford-street; 'when we came to go into the room, should volunteer from the Holborn, he gave me the pike-staff to carry; persons that were there assembled; about twelve as we were going along Oxford-street, I think or thirteen men immediately afterwards volunit was, I asked him to tell me where we were teered, and among them were Tidd, Brunt the going, he said I should know when I got to prisoner, Davidson and Wilson. About this the place; I had asked him before we came out time, Thistlewood stepped down stairs, and he of the room, what place it was up at Tyburn. came up again, and said he had received lurnpike we were going to, and he answered intelligence that the duke of Wellington and at a mews up by Edgware-road; I asked also lord Sidmouth had just arrived at lord him, whether we were going to the House of Harrowby's; I do not recollect any thing more Commons ? he said no, there were too many that passed till the officers came up; they soldiers there; I asked him again where we came up into the room, and told them to surwere going, he said, to Grosvenor-square; I render; that they were officers, and that there asked him whether any one in particular lived was a guard of soldiers below; I was taken there; he said there was to be a cabinet din into custody up stairs." This, gentlemen, is ner there; no other conversation passed be the evidence of an accomplice; but if it is tween us that I remember, till we got to Cato- believed, it supports the case proved by street; we went under an archway; there were Adams. two persons under the archway; there were Then upon his cross-examination, he says, some few words passed between them and “I have read Paine's Age of Reason, and I Tidd, which I could not understand; he was have also read the bishop of Llandaff's answer before me; the stable is directly close to the to it; Paine's certainly affected my mind, but archway, you turn to the right hand; we went the bishop's answer prevented its whole effect; into the stable ; I saw in the stable three or I never saw Brunt till Thistlewood brought four men, whether they were armed I cannot bim to me; I went there first without knowing say; there was a light below; I went up a what they were going about; I saw Tidd arm ladder at the further end, on the left hand into himself; I followed him; I thought they were the loft, and found the people up stairs, I going to attack the members of the House of suppose about twenty-two or twenty-three; Commons; still I went with him, having reasomebody asked Thistlewood how many there son to believe something was to be done, but were, and he said there was no occasion to not knowing what was to be done till I got to count them there were five-and-twenty; there Cato-street; when he told me there was to be was a carpenter's bench there, and on the a cabinet dinner, I was convinced that their bench a quantity of swords and pistols; there object was, to destroy the persons there ; but was only one light that I observed, and that though I was a Christian as I profess to be, I was on the bench; there was one man in a was too much afraid to retreat after I had been brown great coat, who spoke of the impro- engaged in this plan.” priety of going to lord Harrowby's, with so Thomas Monument is produced to shew, small a number as five-and-twenty men; that that that which his brother swears is correct, was the first time of my hearing lord Har- so far as it is within his knowledge; he states, rowby's mentioned as the house to which we “ I remember Thistlewood coming to my browere to go; Thistlewood said, that number ther's house one evening, in company with was quite sufficient, for he only wanted four- Brunt the prisoner ; Thistlewood asked to teen men to go into the room, and supposing speak to my brother; in consequence of that that lord Harrowby had sixteen servants that they both went out; Brunt staid behind in number would be quite sufficient; the other the room; they were out about two or three man said, when we come out, there will of minutes, and after they returned, Brunt and course be a crowd of people about the door, how Thistlewood went away together; and again shall we make our escape? Thistlewood said, on the 22nd of February, the Tuesday, Brunt you know that the largest party were already and Tidd called on my brother; when Brunt gone; Davidson then told him not to throw cold came in, my brother said, I thought I had lost water upon the proceedings, but if he was you; there was something passed concerning afraid of his life, he might go away, they could the king's death; that his death had made an do without him; and Brunt said, sooner than alteration in the plans; my brother asked him they should go from the business they were what plans; he said they had different objects about, he would go into the house by himself, in view; I recollect Brunt asking Tidd whether and blow them all up, even if he perished with he should give us the outline of a plan; whether
Tidd made any answer or not, I do not know ;| iron and other things, and that their strength but Brunt told us the pass-word;" and he gives was very great ; he said if they were lighted, the same account of that as the brother had they would heave up one of the walls of the done before. “On the Wednesday, Brunt houses on the other side of the street; he said called again on my brother between four and they were waiting for a cabinet dinner, and five o'clock; my brother could not go just then they meant to set some houses on fire, then; Brunt asked him if he was ready to go; and, by keeping the town in confusion for some we were busy at work, and my brother told days, it would become general ;" that is not him he could not go then ; Brunt told him, the particular mischief of setting fire to the when he was ready to go, he was to call in bouses, but that would become general; “those Hole-in-the-wall passage on Tidd, and he things were to be put into the room where the would take him; Brunt then went away; my gentlemen were at dinner; that they meant to brother went out about seven o'clock, as nearly set fire to lord Harrowby's house. He said as I can recollect; I did not go myself; I had that all who escaped the explosion were to die never seen my brother from that time till he by the edge of the sword or some other weawas in castody." Now, gentlemen, this young pon. The houses he named were those of the inan swears positively to every thing which his duke of Wellington, lord Harrowby, lord Sid. brother John bas sworn to, except the parts mouth, lord Castlereagh, the bishop of London, which his brother only was present at; the and one other house that I do not recollect; question is, whether, when a narrative is made he said that they would depend upon my in several parts of which another person agrees, making one ; I told him I would ; before the you do noi believe the accomplice in the other 23rd,” he does not remember the time, but parts ; the two agreeing in the principal part, that time is made up by another witness, - ] you will ask yourselves whether you do not wrote a letter to lord Castlereagh; I tried to believe him in the other things also.
see him, but I could not get access to him; I John Monument is called again; he says, went to watch lord Harrowby's going out of “I was taken in custody to Whitehall; I can his house to Hyde park; I went two or three not exactly say whether I was handcuffed to times to lord Harrowby's ; at last I saw a genany person; I know I was put into a room by tleman by his house mount a horse. I did not myself, but on the last day of examination know the earl of Harrowby then ; I followed some conversation passed between me and him into the park; I met him, and delivered Thistlewood ; Brunt and the other prisoners to him the letter I had written to lord Castlewere there; we were then all put into a room reagh." He looks at the letter, and says, together. Thistlewood told me, when I came that is the letter.” It cannot be in evidence, to be examined before the Privy council, to because it passed between two persons, the tell them that Edwards brought me into the prisoner not being there. “ The next day, meeting,--that it was through Edwards I came between four and five o'clock, Wilson met me, there. I said, how can I tell that falsehood, and said, you are the man I want to see ; he when I have never seen Edwards. He said, said there was to be a cabinet dinner that that is of no consequence at all; you must night at lord Harrowby's, in Grosvenor-square. describe bim as a man not much taller than I asked him where they were going to meet; yourself, of a sallow complexion, and that he be told me I was to go up into John-street, wore a brown great coat. We were sitting and to the public-house at ihe corner of Cato round the table, and Thistlewoood told me street, the sign of the Horse and Groom; and that Edwards had betrayed us; and he bade there I was to stop in the public-house, or to me send that round to the other prisoners. I stop at the corner of the post until I was did not like to do it; I told him I should be showed into a stable close by. I asked bim noticed; he then leaned over, and desired when they were to meet; he said a quarter somebody else."
before or at six o'clock; if you do not make Then, gentlemen, Thomas Hiden is called; haste, he said the grand thing will be done I shall not make any apology for reading the before you come. I asked him how many whole of the evidence. I feel that I am tres- men were to meet; he said between twenty passing very much on your time, but the oc- and thirty; I asked if that was all the party casion is so important, that I am sure you will that was in Cato-street, and he said there was not feel it to be too long. Thomas Hiden another party in Gray's-inn-lane, another party says; " I have carried on business as a cow in the Borough, and another in Gee's-court or keeper and dairyman in Manchester-mews; I the city, I do not know which. He told me I have now the misfortune to be in prison for debt; had no occasion to be alarmed, all Gee's-court I was taken in execution last Saturday se'nnight. was in it ;-they are most of them Irish in that I know Wilson very well. A few days before court. Wilson told me the Irish were all in it, the 23rd of February he asked me to be of a but that they would not begin till the English party to destroy all his majesty's ministers at began first; the English had behaved so ill, a cabinet dinner; that 'he and the party had and disappointed them so often, that they were all things ready, and were waiting for a cabinet determined not to begin till the English had dinner, and that they had such things as I had begun; he said one party was to go to lord never seen-large round things, made of tar- Harrowby's, and do the grand thing, and then paulin and cords, and filled full of nails and all the parties were to retire, and meet some
where about the neighbourhood of the Man- | did not take place; but I had given directions
three o'clock in the afternoon; I saw Harrison He is cross-examined ; and he says, “I went in the stable. I came home from work about to a club, called the shoemakers' club, twice; 1 twenty minutes or half an hour after four, and went first on a Sunday night; I was induced I saw Davidson walking up and down the by a friend of mine to go; I went another time archway that leads to the stable; I went into on a Sunday, but I never went once to a pri- my house, and I saw Davidson again about six vate meeting ; I know Bennett ; I asked him o'clock, with two lighted candles in his hand." if he would go with me and my friend Clarke, It is said that one candle was in the stable who was the person who invited me to go. I and another up stairs; it is very probable that never persuaded him to go ; I asked him if he they had but two candles; however that is of would go to the shoemakers' club with Clarke little consequence. “I saw two going in and and me; I did not know till between four and three coming out, and moving backwards and five, that the meeting was to be held in Cato- forwards;" that does not appear to be very street. I wrote the letter myself.”
material, for there is no doubt that they were Then the earl of Harrowby is called; he is there, and he saw them hovering about and a privy councillor, and one of his majesty's going in and out. ministers; he says, “it was usual to have cabi Then George Caylock says, he saw Harrison net dinners, but the dinners were suspended go into the stable; Harrison told him that he in consequence of the king's death. I deter- had taken two chambers and was cleaning them; mined to have a cabinet dinner on the 23rd of he saw five-and-twenty people go into the stable February last; on the Friday or Saturday pre- that evening. ceding, cards of invitation were issued for Then George Thomas Joseph Ruthven is that purpose. I saw the last witness Hiden in called; he gives you a description of what pas. the park, near Grosvenor-gate, on Tuesday the sed in Cato-street. I do not know that it is 22nd of February." His lordship is not quite necessary for me to trouble you with an account positive, but thinks it was between two and of the transactions there ; he found them in three o'clock he saw him; he gave his lordship the place; he and Ellis went up first; the other a letter, and upon the letter being shown to poor man, Smithers, full of courage, pushed him, he said, “ that is the letter” his lordship himself forwards and was killed by Thistlewood. then says, “I had some conversation with With respect to the arms and ammunition, I Hiden; I asked him if he had given his name will state to you presently of what they consist. and address in the letter ; I desired to have his A very serious remark, no doubt, arises on the name and address, and he gave it me; on his circumstance of their being all found there expressing a wish to have some further com- and the outrageous resistance which was made munication with me, I saw him again by ap- 1 --the bloody resistance which was made, and pointment the next morning in the ring in which was attempted to be made a great deal Hyde-park ; I appointed to meet him, as he more bloody than it turned out-whether that seemed to be afraid of continuing the conver- is evidence of a purpose beyond the destrucsation with me; I went to Hyde-park, and met tion of ministers (the mere conception of which him at Grosvenor-gate; I told him to go on to is not a capital crime, though a very great the ring, and I went on among the plantations offence in a moral point of view) you will conin order to avoid his being seen. The dinner sider. VOL. XXXIII.
Then James Ellis says, that the moment stable, in the pocket of Bradbum, six ballthat he saw Smithers stabbed, he fired his cartridges, three balls, and some string put pistol; the pistol did not take effect, but round him to act as a belt; the pistol that Tidd missed the man, the candles were then ex- | fired, the pistol that Wilson attempted to fire ; tinguished; the flash of his pistol was the last a blunderbuss, sword, belt, and scabbard in light that he saw. Ruthven says there were the stable, a pistol in the stable, another pisseveral candles. Adams says there were only tol in the stable, a sword in the stable, twelve two; and when you consider that the only fire large sticks with ferrules; in the pocket of be saw after that, was the flash of his pistol, it Tidd they found two ball-cartridges, and round should seem that there were not many candles him a leather belt; two ball-cartridges facing in the room ; however, as to that contradiction the stable, and ten ditto in Newnham-street; between Ruthven and Adams, it is of little one musket cut down, and one sword from consequence. Ruthven said there were four Davidson; one haversack, cross-belts, one or five on the bench, and two or three in the pricker, bayonet, scabbard, cartouch-box, and little room. It appears that there was great a belt round the body of Davidson; two haverconfusion; and, perhaps, that may account sacks, one belt, and' tin powder-case, from for a good deal of inaccuracy. Ellis says Ings, four pistol balls, one pistol key, and a there were two or three ; one says there were knife-case from Ings; one haversack, contains certain words spoken from below; and another ing seventeen ball-cartridges, three balls, one says there were other words to the same pur- pistol flint, one pricker; one worm for drawing port. You will see, whether that is such a cartridges, one knife, and a turn-screw; one contradiction as affects, in your minds, the stick cut to receive a bayonet, left in the credit to which the other parts of the case may public-house; these were found in the stable entitle Adams.
and the loft above, except the stick left at the Westcoatt, Wright, and Champion, who are public house. also officers, are called to prove facts of the I will now read, gentlemen, what was found in same nature.
Brunt's house: "Inarush basket, nine papers, Then Lieutenant Fitzclarence gave his evi- with rope-yarn, tar and other ingredients; dence in the way in which you saw and heard ; some steel filings in a paper, about half an his conduct, and that of his men, was most ounce." The serjeant told us the use of the gallant; be states what they found on these filings which I did not know before. “In persons.
another rush basket were found four grenades, Samuel Hercules Taunton is then called; he three papers of rope-yarn, tar and other ingrestates that he went to Brunt's lodgings the dients ; iwo bags of powder, one pound weight following morning, and found those things each ; five flannel bags, empty, one paper of which he produces.
powder, one leathern bag containing sixtyThen Ruthven is called again, and he enume- three balls, one iron pot, one pike handle." rates the things, and states where they were These were left at that house ; they were not found ; if it is necessary that I should read wanted, certainly, for the assassination of the them to you, I will do it with great pleasure ; king's ministers, because they were not with but the great object is, to show that there was them. Then, at Tidd's, which you know has an assembly of these men armed with a great been described as the dépôt, they found,“in a number of arms, and that they made a most haversack, 434 balls, 171 ball-cartridges, 69 bloody and outrageous resistance. You must, ball-cartridges without powder ; there were of course, draw your own inferences from the three pounds of powder in paper; also, in a nature of that resistance, as it can be applied coarse canvas cloth, ten grenades, eleven bags to the case of high treason.
of powder, one pound each, ten empty bags, The quantity of things found seems to be a into which powder might have been put, a considerable ingredient in the evidence. You' small bag, with tin powder-flask with some see the defence is this; we intended to assassi- ' powder, sixty-eight balls
, four flints, twentynate the ministers, and to commit plunder seven pike-handles; also a box, containing 965 afterwards. With respect to the plunder, there ball-cartridges." is no evidence of that; with respect to the kil Serjeant Hanson is then called; he opens ling his majesty's ministers, the prisoner, as one of those hand-grenades for your inspecwell as his counsel, admits the intention, and tion, and you see, from the inspection of it, the evidence proves it; in the lost they found its nature and the terrible consequence which thirty-eight ball-cartridges, a fire-lock and might arise from such an instrument as that. bayonet, one powder-fask, three pistols, one He says, that the flannel bags, with the powder sword, six bayonet spikes and cloth belt, one in them, are in imitation of cartridges for a sixblunderbuss, one pistol, fourteen bayonet pounder, so that something was in view, as it spikes, and three pointed files, one bayonet, may be supposed, besides the assassination : another bayonet spike and one sword scabbard, cannon were hardly to be expected to be taken one carbine and bayonet, two swords, one bul- to lord Harrowby's dinner-room. The witness let, ten hand-grenades, two fire-balls, one large states, “ I examined them; they contain exgrenade and bayonet, one rope ladder, one actly a pound of very good powder; we do sword-stick, forty ball-cartridges, one bayonet, not use fannel, but serge, in the army; but and three loose balls. They found, in the this would answer the purpose perfectly. I
have examined the fire-balls; there is a difs / son charged against the prisoner at the bar. ference in some of them, but they are generally It is stated, that it was an absurd project; so composed of oakum, tar, and resin, and gené absurd, that it is not only improbable, but imrally brimstone ; but I found one without brim- possible, that it should be ascribed to any stone; the steel filings would be part of the reasonable being : it has been said, very truly, composition of the priming of the fuse, the that the attempt or the project to destroy the fire-balls would set' any wood on fire,' and king's ministers is such, that one knows not would burn three or four minutes, according how to deal with the supposition of it, but it is to their size ; if thrown into barracks, with hay proved—it is true; the prisoner has stated it, and straw, they certainly would occasion a and his counsel are obliged, by the force of conflagration. He says, the grenades in the evidence, to admit it. But then they contend, army are covered with iron ; these grenades that they entertained no other project : you will do not seem as if they had been made by a judge whether that is the case.
The question military man; but they would effect a great is, not whether these people were likely to deal of mischief.” Then, he says, “ the more succeed in their atrocious plans, but whether hard they are bound, the greater will be the they entered into them? Did they compass, explosion.” Then he took the fuse out of or imagine or intend those crimes with which one of the hand-grenades, and poured the the indictment charges the prisoner at the bar ? powder out; he says, “ those he weighed con Does the evidence prove it? if not, there is tained three ounces and a half of powder, and no question, gentlemen, how the verdict ought this appeared to be the same; that quantity to be given. If with all the great attention with was more than would be sufficient for a nine- which I have observed you consider the eviinch shell, and quite sufficient to explode the dence and the addresses of the prisoner's coungrenade in which it was. In this grenade sel and the prisoner himself-if, I say, you have there were 26 pieces of iron; they would fly a reasonable doubt upon the subject, you ought, round the room like so many shot, and were as in all criminal trials, to give the prisoner quite sufficient to destroy or maim fifteen the benefit of that doubt; but if, giving your persons in a room; they explode within half a attention gravely to this important subject, minute after their being a-light.”
you are satisfied that the charge is proved, I Gentlemen, this is the evidence for the need not tell you, gentlemen, that ii is your prosecution : for the prisoners, you heard the duty to find him guilty. You will now coniwo eloquent speeches of the learned counsel ; sider, and give your verdict. I am sure you you have heard also the prisoner state his will give it according to the best of your judg
I am sure you paid all the atten- ment, and according to the necessary inference tion which was due to it, and perhaps it did to be drawn from the evidence you have heard. not make the impression upon you which you wished the prisoner's speech to make upon have a doubt in my mind on a point of law.
A Juryman (Mr. Goodchild).-My lord, I your minds ; but you are to deal with it, gen- I conceive, as a juror, I am bound to receive ilemen, as you feel to be proper; you heard it, the law from your lordship. Your lordship and will considerit. There is no evidence offer- bas called our particular attention to the first ed for the prisoner; the case lies entirely upon and third counts; I am sure your lordship has the evidence for the Crown, and the arguments most conscientiously done it; but at the same on both sides, which arguments you had the time, I wish to ask the opinion of your lordgoodness to attend to, and I am sure they ship, whether should the evidence bear the made the impression upon you which they construction, that an actual arming had taken ought. With respect to comment, I see very place, that a resistance has been made to the little to trouble you with ; indeed, hardly a word. As I said before, there is here proved levying of war?
civil authority, that in law constitutes a and admitted a conspiracy to do a mosi nefarious act: it is broadly stated to us, that the stand you; have the goodness to state the
Lord Chief Baron. I wish clearly to underobject of the prisoner and his associates were to destroy fifteen of the king's ministers as they question again. sat at dinner, in the unsuspecting hour of Mr. Goodchild. Whether, if the evidence cheerfulness, hy a degree of violence, and in should bear out the opinion that an actual the prosecution of a plan which one cannot arming had taken place, and that a resistance think of without shuddering ; that is admitted. had been made to the civil authority, that Is that all the purpose ? If that is all the actual arming, and that resistance, constitute purpose of these men, the prisoner is not the crime of levying war? guilty of high treason; but you are to ask yourselves, gentlemen, whether
that could be the civil power, unless you are of opinion it is
Lord Chief Baron.—Not resistance merely to the sole purpose: why are the fifteen principal ministers of the king to be destroyed in this an arming with the view stated in the indiciway? If you attend to the evidence of Adams,
ment. and many of the others, there is no question at Mr. Goodchild.-The question is intended to all that there was an ulterior plan and inten- include that, it being an arming with a view tion, and that ulterior plan and intention proves to oblige his majesty to change bis measures directly, if you believe the evidence, the trea- by force of