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Lord Chief Baron.—That is a conspiring to likely to be taken one after the other, I think levy war.
it is necessary, in furtherance of justice, strictly Mr. Goodchild.— I do not, my lord, ask to prohibit the publication of the proceedings whether that is a conspiring to levy war, but of this or any other day until the whole of the whether that becomes a levying of war under trials shall be brought to a conclusion; it is the fourth count.
highly necessary to the purposes of justice that Lord Chief Baron. I thought it best to sub- the public mind, or the jurymen who are beremit to your consideration the first and third after to serve, should not be influenced by the counts, because I think there is less difficulty publication of any of the proceedings which upon those subjects than any others; the first may take place until the whole of those proand third counts
, beyond all question, charge ceedings shall be finished ; it is expected that high treason under the act of his late majesty.
all persons therefore will attend to this ad
monition." Mr. Goodchild. At the same time I should I deem this to be a most flagrant, wilful, and feel it my duty, as a juror, to give a verdict on daring violation of the order of the Court; and the whole indictment if I may ask your lord considering the benevolent motive which acship's opinion upon the law.
tuated the minds of your lordships upon that Lord Chief Baron.—I shall be very happy to occasion, I think it would be unbecoming in give you any assistance in my power; if there me, having this fact brought to my notice, not is, in your opinion, evidence of a levying of to bring it under the consideration of the Court, war, it will be under that count; do I make that they may deal with this person as they in myself understood?
their wisdom shall think fit. "I shall therefore
move that these affidavits be received, and Mr. Goodchild.- Perfectly, my lord. that your lordships may proceed to punish this [The jury retired at twenty minutes before person for his contempt in such manner as the
Court may think proper. four, and returned into court in twenty minutes, with a verdict, finding the pri Lord Chief Baron.—Let the affidavits be soner Guilty on the third and fourth read. counts.]
The affidavit of George Holditch, of Mr. Attorney General.-My lord, I yester
Yeat's-court, Carey-street, newsman, and day * called the attention of the Court to a
Elijah Litchfield, of Lincolo's-ion, gentlepublication of the trial of Arthur Thistlewood man, was read; George Holditch stating, in a Sunday newspaper, called The Observer,
that he had on the 24th instant purchased in violation of the order which had been made the newspaper in question, at the shop of by the Court previously to that trial. I was
William Innell Clement, No. 169, Strand, not then in a situation to bring this matter
from a person acting as servant in the shop, formally before your lordship, not having been
and that he paid one shilling for the same; furnished with the documents necessary to
and Elijah Litchfield stating, that he saw bring the matter in such a shape before the the person whose name is subscribed to the Court as that they might be enabled to deal
certificate annexed sign the same. with it. I have now an affidavit, stating the
The certificate annexed was read, conpurchase of one of the Observer newspapers,
taining a copy of the affidavit of William at the shop of the proprietor, Mr. Clement, in
Innello Clement (sworn at the Stamp office the county of Middlesex, on Monday the 24th
on the 22nd of January 1816) that he was of April. I am also furnished with a certificate the printer, publisher, and sole proprietor of from the Stamp-office, accompanying a copy of a certain newspaper ; that the printed newsthe original affidavit filed at that office by Mr.
paper was proposed to be printed at his Clement, in which he states that he is the pub Office at his dwelling-house, No 169, in the lisher and sole proprietor of that paper. I Strand, and that it was intituled The Obapprehend, therefore, that your lordships have evidence now before you, not only that Mr. Mr. Justice Richardson.--Mr. Attorney GeneClement is the proprietor and publisher of the ral, have you looked at the act of parliament paper in question, but that he actually sold to see that the copy of the affidavit, so certified, this paper; and (if it were necessary) that he is evidence in all cases ? sold it with a full knowledge of the injunction of the Court, for I have only to call your lord-lord; the 9th section of the 38th Geo. 3rd
Mr. Attorney General.- I apprehend so my ship's attention to a passage in the newspaper itself, to satisfy you that he has done it with a cap. 78 directs that the affidavit shall be filed, full knowledge of the order made previously civil and criminal, touching any newspaper
and certified copies shall in all proceeedings, to the trial, for he states, that after the jury and so on, be received and admitted as conwere sworn, the lord chief justice then present clusive evidence; we add to that evidence the Thus delivered bimself:-“ As there are several persons charged with the offence of high actual sale of the paper at the shop of the pertreason by this indictment, whose trials are
son against whom I apply.
Mr. Justice Richardson,-Do you make any * See the commencement of the present trial. distinct motion?
Mr. Attorney General.--That he may be made after great consideration by the Court. punished for his contempt in such way as the with a view to prevent michief and injustice; Court may think right.
nothing can be more prejudicial to justice than
to publish proceedings of this description in the Mr. Justice Richardson. - It will be proper to direct the attendance of the party, that we may ordered to attend here on Friday morning, at
course of an inquiry. The person must be see whether he has any excuse to offer.
the sitting of the court. * Mr. Attorney General.- I will apply in the first instance for a rule to shew cause, if your
* See the further proceedings upon this lordship pleases.
subject on Friday, April the 28th at the conLord Chief Baron.-This is undoubtedly Richard Tidd, infra..
clusion of the trial of William Davidson, and a very grave accusation; the order was certainly
705. The whole Proceedings on the Trial of WILLIAM DAVIDSON
and Richard Tipp, for High Treason, before the Court holden under a Special Commission, for the Trial of certain Offences therein mentioned, on the 26th and 27th days of April: 1 Geo. IV. A. D. 1820.*
SESSIONS HOUSE, OLD BAILEY, [Richard Tidd and William Davidson were WEDNESDAY, APRIL 26th, 1820.
set to the Bar.] Present
The Jury Panel was called over, commencThe Hon. Mr. Baron Garrow.
ing with No. 145. The Hon. Mr. Justice Best.
Edward Cherill, stonemason, challenged by the The Common Sergeant,
prisoner. And others, his Majesty's Justices, &c. John Mayne, gentleman, challenged by the Mr. Baron Garrow.Gentlemen of the Jury,
prisoner. it may perhaps have surprised you that,
we David Pain, esquire, challenged by the priare sitting and you are in Court, we should not have proceeded to business. The Court Richard Tucker, cheesemonger, challenged by are so anxious to show that we attend with the
the prisoner. greatest solicitude to your convenience, that I Thomas Beachamp, farmer, challenged by the think it proper to state, that the pause is at the
prisoner. solicitation of the learned counsel for the pri- Robert Ceeley, rigger, challenged by the prisoner. I am sure that you will feel it proper, that we should wait a few moments to give Thomas Fagg, esquire and coach-master, chaleffect to that solicitation.
lenged by the Crown. Mr. Curwood.-My lord, the prisoner
Matthew Belcher, vintner, excused on account
of illness. Davidson, has no objection to uniting in his Benjamin Watson, gentleman, challenged by challenges with the prisoner Tidd, whose trial
the prisoner. the Attorney-general had proposed to take next. George Burrows, silversmith challenged by the
Mr. Baron Garrow.-Gentlemen, I have now to communicate that to you to which it would
Edward Ellis, gentleman and stock-broker, have been improper to advert before. The learned counsel for the prisoners (whose exer
challenged by the prisoner. tions have been witnessed more than once)
Benjamin Blyth, organ-builder, challenged by
the prisoner. have thought it necessary to communicate with
William Clare, feather-dresser, challenged by them, whether it would be necessary to pursue the prisoner. the course of severing their challenges, or whether two of them would take their trial John Jackson, glass-cutter, challenged by the by the same jury. We have in effect gained John Beck, gentleman and seedsman, chale time by the pause, for he has communicated to me, that the two next prisoners are content
lenged by the prisoner.
Felix Booth, esquire and distiller, challenged not to sever their challenges, but to be tried together.
by the prisoner. Charles Benham, market-gardener, challenged
by the Crown. * See the preceding trials of Thistlewood, Samuel Littlepage, baker, excused on account Ings, and Brunt.
Thomas Robins, silversmith, challenged by the ticular reasons may occasion an objection to a Crown.
particular individual, but I cannot take it for Francis Dorill, esq., challenged by the prisoner. granted that on a future trial you might not be William Percy, plasterer, sworu.
called upon to serve with a ready assent on John George Holmden, fuse-cutter, swom. : both sides, therefore I cannot dispense with Archibald Ritchey, stone-mason, challenged by your attendance on this occasion; I wish I the Crown.
could. John King, gentleman, sworn. Charles Elton Prescott, esquire, sword.
Mr. Attorney-General. — There are several Benjamin Rogers, farmer, sworn.
gentlemen sworn on the present jury, who Richard Layeock, esquire and cow-keeper, chal- have been challenged on one side or the other, lenged by the prisoner.
on preceding trials. George For, sawyer, challenged by the Crown. Mr. Baron Garrow.-From circumstances William Acock, plumber, challenged by the of a private nature I have not been able to Crown.
attend in the early part of the proceedings Edward Cuel, carpenter, challenged by the here, but that which I stated as the result of Crown.
practical experience is exemplified on the George Golding, surveyor, sworn.
present occasion; for gentlemen who have Robert Roberts, oilman, challenged by the been challenged on former trials, are sworn to Crown.
try the prisoners now at the bar: if they arose William Bound, founder, challenged by the oat of any supposed incapacity or party prinCrown.
ciple, those objections would continue; furCharles Page, esquire and merchant, sworn. ther information may induce those, protecting William Cole, farmer, challenged by the pri- the interests of the public, or of the accused, soner.
to do in other instances that which they apJohn Lewis, watch-maker, challenged by the pear to have done in several instances already. Crown.
Joseph Sheffield, esquire and ironmonger, swom. Edward Flower, esquire and schoolmaster, Joseph Haynes, bricklayer, challenged by the challenged by the prisoner.
Crown. John Balm, gentleman and tallow-chandler, Robert Stephenson, anchorsmith, challenged by challenged by the Crown.
the Crown. John Young, gentleman and scale-maker, sworn. Richard Blunt, gentleman, challenged by the Stafford Price, gentleman and currier, chal
prisoner. : lenged by the prisoner.
Isaac Gunn, baker, challenged by the Crown. Jannes Cary, joiner, challenged by the prisoner. William Churchill, gentleman and wide mere William Edgecombe, joiner, challenged by the chant, sworn. prisoner.
Thomas Wilkinson, farmer, challenged by the Richard Emery, cooper, challenged by the prisoner. Crown.
Samuel Fish, tobacconist, challenged by the Stephen Gaurd, bricklayer, challenged by the
Edmund Collingridge, water-gilder, challenged Thomas Brayne, mason, challenged by the by the Crown. Crown.
William Shore, farmer, challenged by the William Butler, baker, sworn.
Crown. William Benn, farmer, challenged by the Josiah Bartholomew, watchmaker, challenged Crown.
by the prisoner. John Roper, gentleman, challenged by the John Jones, carpenter, challenged by the Crown. Crown.
Thomas Bristow, coachmaker, challenged by William Norton, sawyer, challenged by the the prisoner. prisoner.
Samuel Granger, lighterman, sworn.
John George Holmden, John Young,
William Butler, Mr. Lester.- My lord, as this is the third Charles Elton Prescott, Joseph Sheffield, time that I have been challenged, * may
Benjamin Rogers, William Churchill, request to be dismissed.
George Golding. Samuel Granger. Mr. Baron Garrow. I can only assure you,
Mr. Shelton. One of the Jurymen is sworn in the language of the lord chief baron, that by the name of Golding ; I am told his name though the objection has obtained the name
is Goldring. of challenging the juror, it ought not to be considered as giving any offence to him. Par. Mr. Curwood.-We have no objection to
him. * He had been challenged in the previous cases of Arthur Thistlewood, and John Thomas
Mr. Gurney.-Nor the Crown. Brunt.
Mr. Shelton.-Then I may proceed.
dinner; and it was then hoped, when all the The Jury were charged with the prisoner in direction of public affairs should have been cat
persons intrusted by his majesty with the the usual form.
off at one blow, that by following that up by The Indictment was opened by Mr. Bolland. polis, and by armed men acting in various direc
confiagrations in different parts of the metroDavidson.-Will your lordship be pleased tions, the reins of government might be seized to grant us a seat?
by these conspirators and the government
itself overthrown. Mr. Baron Garrow.— Yes, certainly.
To perfect this plan, and enlist into its Mr. Gurney.-Gentlemen of the Jury ;-It execution as many persons as possible, meetis my duty to lay before you, very shortly, a ings were held in various places : we shall not statement of the circumstances which will be have occasion to follow those meetings into adduced in evidence on the part of the Crown, different parts of the town but we shall confine in support of this indictment. You will have our evidence principally to meetings which observed that the charge which is made by it took place first in a baek room at a publica against the two prisoners now at the bar, house called the White Hart, and were William Davidson and Richard Tidd, is not afterwards removed, for greater security to of any private nature; it does not impute to a two-pair of stairs back room in a house them any acts affecting the interests of private in which the prisoner Brunt (who has been individuals, but it accuses them of the highest tried) actually lodged in Fox-court, Gray's crime known to the law, of that which strikes inn-lane. It was contrived, that Ings should at the existence of the government, and aims take the lodging ; that he should profess an at its entire subversion--to substitute, in its intention to bring his furniture in ; but no place, some provisional government, whose furniture was ever brought in : the key of the pledges for good government were to be room was kept by Brunt ; and in this room slaughter and conflagration.
sometimes once a-day and sometimes twice a. It will not be necessary for me to state to day, the meetings of these conspirators were you the indictment more particularly than that held, for the purpose of maturing the plan that in the first count it charges a compassing and had been conceived, and of devising all the imagining (that is an intent) to depose the king, means of its execution. and in another a compassing to levy war The death of his late majesty (which took against the king, in order to compel him 10 place on the 29th of January) for some time change his measures, The evidence which we disconcerted their plan of operations. Until shall lay before you will most completely after his late majesty's funeral, of course substantiate both of those charges.
cabinet dinners were suspended; the conspiThe law has wisely made the intention to rators became impatient of the delay which commit these crimes high treason, so as that occurred, and that impatience gave birth to intention be manifested by overt (or open) Other projects for carrying the same object into acts; the acts done in furtherance of this in- effect. At one time it was proposed to divide tention are charged in the indictment, and will their force into several parties, to attack the be proved by the witnesses.
ministers separately at their respective houses ; The indictment comprehends several per- and it was thought that by this means, though sons, Arthur Thistlewood, James Ings, and it was not likely all should take effect, they John Thomas Brunt (whose trials have taken might be able to take off four or five whom place), the two prisoners at the bar, Davidson they particularly marked for destruction ; at and Tidd, upon whose fate you are to pro- another time, another project was entertained, nounce (and six other persons) of the names of 10 break out on the night of his late maWilson, Harrison, Bradburn, Strange, Gilchrist jesty's funeral, at which time the cabinet and Cooper, all of whom, and many others ministers would necessarily be at Windsor, will necessarily be introduced to you in the and the guards would be at Windsor ; when, course of this inquiry,
therefore, there would be neither the head Of these persons the first, named Arthur to direct, nor the arm to execute the resistance Thistlewood, was undoubtedly the leader; he to the measures which they projected ; and it had sustained the rank of a gentleman; and it was thought, in the absence of all those means is a striking feature in this case, that a person of resistance, they might carry their plan into in that rank should be found associated as he execution. This, however, was on consideration bas been with the other persons named in the abandoned, and they looked forward with indictment, most, if not all, of whom are eagerness to the next cabinet dinner that working mechanics.
should take place, which by bringing all his When this plan was first conceived, it may majesty's ministers into one house, and into not be in our power to demonstrate; but you one room, would give them the means, at will find, thai so far back as the month of one blow of effecting their destruction. January, it had arrived at considerable These cabinet dinners take place during the maturity; that the plan (which was afterwards sitting of Parliament, at the houses of the memacted upon) had then been formed to assas. bers of the cabinet alternately, usually I believe, sinate his majesty's ministers at a cabinet on a Wednesday; but though no notice had
been given of any dinner, they were certainly held a larger meeting than usual to concert looking forward to that Wednesday to which their measures: they met againon the Monday; you will particularly direct your attention (the they met again on the Tuesday, on which 23rd of February) for the accomplishment of morning they received intelligence that a their pupose; and, as the time drew near, newspaper announced a cabinet dinner for the every exertion was made to complete their next day at the earl of Harrowby's, in Grospreparations ; pikes were provided and pike-venor-square. The news was at first doubted ; handles, composed of rough sticks cut from but the newspaper being sent for, it was found trees seven 'or eight feet long, ferruled at correct. This excited the greatest degree of the end, with holes bored for the admission of exultation, expressed by some in the most sapike-heads; pike-beads were procured, some vage and ferocious terms, by another in terms old bayonets, others old files filed to a point of shocking impiety; but it was received by all to operate as a bayonet or pike-head; pistols, as good news that now all their enemies were blunderbusses, swords, hand-grenades and to be brought together within one room, all fire-balls. The hand-grenades which were within the means of destruction; and they constructed were not such as are made by lost no time in proceeding to consider and to military men, but, for the purposes of destruc-develope all the means by which they should tion, perhaps scarcely less effective; about effect their guilty purpose. Thistlewood dethree ounces and a half of gunpowder put into tailed those means to the meeting in a manner a tin case or chamber rather smaller than this, which showed that they had been all well conwhich I hold in my hand (holding up to the sidered; the detail was received with acjury an ink-stand), a tin fuse brazed into it, quiescence and approbation, and a determinacontaining a powder prepared for priming, tion that the plan should be carried into exewhich communicated with the gunpowder in cution. The course of proceeding which Thisthe tin case or chamber, then stocking or cloth tlewood proposed was this: That they should cemented round the tin case ; a number of proceed in a body to the house of the earl of nails or other pieces of iron inserted round that; | Harrowby ; that Thistlewood should knock at then more cloth cemented ; and the whole the door, and offer to the porter a letter; that bound round very tight by tarred string, so the body should instantly rush into the house ; as closely and completely to compress it; and, that two, armed with swords pistols and handas you very well know, it requires no grenades, should guard the staircase which led military skill to be aware that if fire be com- to the upper part of the house ; that two others, municated to the fuse, and so to the powder similarly armed, should guard the staircase in the chamber, that would explode, and those leading to the lower part of the house ; and pieces of iron would be scatiered round like that two others, with the same weapons, should so many bullets. The greatest destruction be left to guard the area, and that then fourwould be thereby effected. It was proposed teen should enter the noble earl's dining-room, that these hand-grenades should be one means armed with swords, pistols and hand-grenades, of the destruction of his majesty's ministers, by and should massacre every one they found being thrown into the room where they were there. They were then to go to other places, assembled; but many more were constructed where other parties were to act-for other than were requisite or could be used for that parties were to be assembled in different parts purpose, these were intended to effect the of London ; one to set fire to the barracks in other and ulterior objects of their guilty plan. King-street, by throwing one of those fire-balls
Besides these, there were fire-balls, com- into the hay-loft, which had a window looking posed of pitch, tar, oakum, brimstone, and into a mews; others to proceed to Gray's-innresin, which had been all made up into balls lane, to seize two pieces of artillery that were to be set on fire; these thrown into the windows there; others to proceed to the Artillery-ground, of buildings would infallibly set those build- to seize four pieces of artillery which were ings on fire ; a considerable number of these there; to march from thence to the Mansionwere provided. Besides these there was a house, to plant the cannon so as to batter it, in large number of cartridges for muskets and case those within should refuse to surrender; pistols, and not a few cartridges for cannon. to take possession of the Mansion-house, to Many of these instruments were prepared at establish therein a provisional government; Fox-court, many in other places, and the prin- then to take the Bank, and to give it up to cipal dépôt for them was in the house of the pillage. prisoner Tidd ; and you will find, that though This most atrocious plan, as I before said, Arthur Thistlewood was looked up to by these was approved of, and they all resolved to act conspirators as their leader, the two prisoners, upon it; and every degree of necessary activity Tidd and Davidson, were not inconsiderable seemed to be infused into every mind, to be or inactive coadjutors, that they entered into ready for the perpetration of the crime. They the conspiracy heartily and zealously, that they parted, to enable Thistlewood and some others forwarded it to the utmost of their power, and to visit some meetings in another part of the that they were amongst the most eager for its town (one known by the name of the Mary-lecomplete and perfect execution.
bone Union) and it was settled they should On the Sunday preceding the Wednesday meet there the next day. The next day they which I have mentioned, these conspirators did meet there; all things seemed ready.