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their followers, ascended by a ladder into the loft, and they found there above twenty persons, with that magazine of arms which will be exhibited to you. They announced that they were officers, and called upon them to surrender; instead of surrendering, the persons there, conscious of the nefarious purpose for which they were assembled, desperate from the knowledge that they had forfeited their lives by what they had already done, made a most determined resistance, and Thistlewood their leader stabbed one of the officers, Smithers, who fell on the floor a lifeless corpse! The lights were extinguished; the cry was "to kill the officers;" in the confusion the officers were pushed down the ladder; they were followed by several of the persons there, some of whom entirely escaped, but those who are included in this indictment (with the exception of Thistlewood and Brunt) were taken. These desperate men were not content with taking the life of Smithers, but Thistlewood fired at another officer and made a cut at him with his sword. The prisoner Davidson was pursued; he resisted; with his sword he cut at one, and he fired his carbine at another. Ings, another of the prisoners who has been tried, fired at another officer, and expressed a savage regret that he had not killed him. The prisoner Tidd resisted to the utmost of his power; he fired a pistol at lieutenant Fitzclarence, and was taken only by the superior force of those with whom he was in conflict.

Thistlewood was pleased to find them so for ward in their preparations; the pistols were flinted, pikes were got ready, sent off to their associates in other parts of the town, and the men who were there armed and accoutred themselves, and in different parties proceeded from Fox-court. It had been thought that that room was not a fit place of rendezvous from which to issue forth to the accomplishment of their purpose in Grosvenor-square, and another place had been selected and engaged by them, which seems to have been admirably adapted for their purpose: it was so on account of its proximity to Grosvenor-square; it was so also on account of the obscurity of its situation, which was not likely to attract public observation: it was a stable and cart-house with a loft and two rooms over them, in a very obscure street called Cato-street, one end of which comes into John-street, in the Edgwareroad, but enters only by a gateway, which looks like the gateway of the yard of a publichouse; the other end is almost equally obscure. Just as you enter this street from John-street, and turn to the right, you will come to the stable in question. This had been vacant for some time, and it was taken for this purpose. Some of the conspirators began to assemble early in the afternoon; weapons were carried there in the course of the afternoon, and then, for the purpose of excluding observation, a cloth was nailed against the window, in order that those who lived opposite might not see what should pass therein. They were within a little more than ten minutes walk of Grosvenor-square; they would have to go down the Edgware-road and Park-lane, and would arrive there almost immediately; and it was thought (and certainly not without reason) that they had chosen a convenient place of rendezvous, and that they were not likely to be discovered.

In this loft and in this stable there were assembled, in the course of the evening, all the persons named in this indictment, and as many more as amounted to about five-andtwenty, all armed for the purpose. To guard against surprise, they placed sentries in the stable; one of those sentries was the prisoner Davidson; he was armed with a sword and a carbine. At first some little apprehension was betrayed that their force was insufficient, and some alarm was excited on account of the nonattendance of the prisoner Tidd, who was looked up to as a person of importance in the execution of the plan. Their alarm was however removed by the appearance of Tidd. The time approached for the accomplishment of their purpose, and Thistlewood had just called out the fourteen who were to enter the diningroom at the earl of Harrowby's, when they were surprised by the officers of Bow-street, followed by a party of the guards, who had been ordered to attend them. When the officers entered the stable, they found Davidson and Ings, the two sentries. The officers who were foremost, leaving them to be secured by VOL. XXXIII.

I have before stated that Thistlewood escaped; he was apprehended the next morning, not at his own residence, but at another part of the town, where he had taken refuge. Brunt also escaped; he was taken the next morning. The other prisoners were apprehended either in the loft in the stable, or in escaping from the stable In. that loft were found guns, bayonets, pikes, hand-grenades, fire-balls and cartridges. This was the magazine intended for that party which was to execute the first and most important part of their guilty project-the assassination of his majesty's ministers.

Gentlemen, this is the conspiracy which is charged upon the prisoners, this is the high treason which is imputed to them by this indictment. It will be proved to you by evidence which you cannot doubt.

To give you those details which can be given by no other persons, it will be necessary to call before you accomplices in their crime. Traitorous conspirators do not sound a trumpet in the market-place to invite honest men to their councils; they admit none to their councils but those who partake in their guilty plans. For what passed, therefore, in their private councils, we must resort to the evidence of accomplices. A great and signal benefit to the community arises from that circumstance, in the prevention of very many crimes; it sows the seeds of distrust among men who meditate those crimes which cannot be committed by a single hand, but require the co-operation of 4 R

The friends of liberty are desired to come forward, as the provisional government is now sitting." It will be proved to you by the apprentice,-not that the proclamation was writ ten, not that it was read, for he was not in the room, but that he was sent for the paper, that he purchased the paper, that he gave it to his master Brunt, and that Brunt carried it into the room in which Thistlewood and the other persons were assembled.

numbers; each man feels and fears that he who shares his councils may at some future day be a witness to bring him to justice. This consideration deters many from the commission of offences; but if accomplices could not be received as witnesses in a court of justice, offenders would be emboldened by the certainty that the arm of justice would be too short to reach and too weak to punish them. We do not however on the part of the Crown present to you accomplices as witnesses who are to be received without jealousy and caution. They who acknowledge that they participated in the crime which is charged upon the prisoners, are not to be received on the same footing with honest and loyal men of untainted character. You will look at their evidence; you will watch their demeanour; you will observe whether, in the relation of their story, they present means of contradiction, because, if men are fabricating a story, they will take care to give no means of contradiction-they will lay the scene as between themselves and the persons accused alone, and thus deprive the accused of the means of defence which might arise from the contradiction of their evidence. But, above all, you will look to the confirmation which they shall receive from other sources.--Confirmation as to what took place in their consultation-rooms it is abso-went from nine till twelve; during a part of lutely impossible they should receive, for none but accomplices can know what passes there; but if you find that in every instance in which they can, it will be impossible for you to doubt that they are speaking truth in those parts in which they do not receive confirmation, only because in the nature of things they cannot receive it.

The confirmation of the accomplices that will be given to you by the witnesses which we shall call, will be the most complete and the most perfect that, in a long experience in the profession, I remember ever to have heard. The principal accomplice, Adams, will be confirmed as to the meetings in Fox-court, by the apprentice of Brunt, who lived with his master, who saw those meetings, who saw the persons who attended them, who saw them go out on Wednesday the 23rd, who saw his master return in a dirty condition which showed he had been engaged in some conflict, who heard him divulge to his wife that it was "all up," that the officers had come in upon them, and that he had escaped only with his life.

The accomplice will receive confirmation in another point, which I omitted in the course of my relation to state to you; for on the last day on which they were assembled, it was considered that some proclamations would be necessary to be issued to the multitude during their operations in the night; it was suggested, that cartridge paper would be convenient paper for the purpose. Brunt sent his apprentice to purchase six sheets of cartridge paper; on them Thistlewood wrote his proclamations in these words, "Your tyrants are destroyed.

Another confirmation occurs from this circumstance; some alarm had been excited, from an incident that was communicated to them, that their meetings were suspected by govern ment, and that information had reached the office of lord Sidmouth, who you know is secretary of state for the home department; and it was resolved, therefore, that sentries should be placed in Grosvenor-square, to watch the house of lord Harrowby, to see whether police officers or soldiers were introduced into it; concluding, that if that were not the case, they might proceed safely, because they might suppose that no information whatever had been given. Sentries were accordingly placed; the prisoner Davidson was sentry on the Tuesday-evening, from six o'clock till nine; and we will prove to you by the watchman, that he was there sauntering about. Brunt and Adams

the time they went to take refreshment in a public-house; and we will call a person who saw them there, and who played at dominos for some time with Brunt in that public-house. These are important confirmations of the account which will be given you by the accomplice.

Another and very important confirmation arises from disclosures made to a person of the name of Hiden; he was solicited to take a part in this guilty plan; it was divulged to him very distinctly by one of the prisoners; he appeared to listen to it, for he naturally supposed that the person who was so confided in, and who should at once reject it, would not be very safe; indeed, he was given so to understand, but he showed that it was not his intention to partake in it, by immediately writing a letter to lord Castlereagh, to communicate it to him, by endeavouring to get access to lord Castlereagh-not getting access to him, by going to the house of lord Harrowby-by following him to the park, and giving to him the letter, and afterwards by an appointment with lord Harrowby, meeting him the next morning (Wednesday the 23rd) in Hyde-park, and making further communications to him. This, gentlemen, is complete confirmation, for the plan in its detail was given to him, and as the time approached still nearer (namely, on the afternoon of Wednesday) he saw some of the conspirators upon the spot, and among them the prisoner Davidson; and the time was appointed for him to join

those who were then assembled in the loft.

Further confirmation arises from the search of the back room in Fox-court, the next morn

ing, when Brunt was apprehended, when there were found a pike-staff, gunpowder, gunpowder in flannel bags as cartridges for cannon, hand-grenades, and fire balls, which Brunt was packing up for the purpose of sending to the house of another of his associates, where he thought they might be deposited with more safety than in his own.

Further confirmation arises from the search on that same morning in the house of the prisoner Tidd, where were found more handgrenades, more fire-balls, a number of pike staves, a quantity of gunpowder, many of those cartridges for cannon, and an immense number of musket-cartridges made up in parcels of fives. This lodging of Tidd's I stated to you had been used as the dépôt, where their ammunition was placed.-The finding this quantity there, is considerable confirmation of the evidence of the accomplice.

the president of the council; none against the earl of Liverpool, it was against the first lord of the Treasury; none against the hero of fifty victories, but the master general of the Ordnance. The private characters of the ministers are above all reproach; their personal virtues have secured them the esteem not less of those who politically differ from them, than of those who are their professed friends and supporters. To say that ministers have not given satisfaction to all, is to say that they are but men, and that we are but men. Whatever political differences exist, no inan can doubt but that they must wish to identify themselves with the greatness and the glory of their country. They have conducted the affairs of the state in arduous and critical times. If, after the exhaustion of a long and expensive war, the people are now suffering some of its consequences, let it be recollected that the country stands on a proud and commanding eminence, and that it has acquired and maintained a character not unworthy of its ancient renown.

visional government which could be established only by the deposition of the king.

But if all these confirmations were blotted out, if no one of them existed, it appears to me that Cato-street itself is confirmation above all confirmations; that alone proves that the Political differences among Englishmen have accomplices are speaking truth. There are never led to a crime so black and atrocious as found assembled in a hay-loft, a man in the assassination; and for none other than the rank of a gentleman, with five-and-twenty treasonable purpose imputed could these men, mechanics, with this vast store of arms for have ever entertained such a design. That different purposes; when they are found they assassination was to be the commencement of make that desperate resistance which is never those operations which they vainly hoped made but by persons who know that when would end in the substitution of themselves in they are taken their lives are forfeited to the the places of those whom they were to assassilaw; the finding them assembled there, thenate, and in the establishment of that promagazine of arms with which they were provided, and their conduct when surprised, all combine to demonstrate their purpose; and if any thing more were necessary, the prisoner Davidson, when he was taken, exclaimed "damn him who will not die in liberty's cause." Thus do assassins and traitors profane the name of liberty. It has been their cant in all times. These men have conspired to destroy the government under which we live, and to substitute a government of their own. To deprive us of the rights and the laws which we inherit from our ancestors, and to give us in exchange their own rule and dominion, commencing in and to be cemented by the most atrocious crimes.

In answer to this case, what defence is to be made? It will be said, perhaps, " true it is there was a plot to assassinate his majesty's ministers, but the assassination of his majesty's ministers is not of itself high treason." Undoubtedly it is not; the assassination of all the Privy council, aye and all the members of both Houses of Parliament, singly and individually, and with no other object (if such a thing were possible), is not of itself high treason; but for what but a treasonable purpose could such a black and guilty design enter into the heart even of the most depraved and abandoned of mankind? These miserable men had never come in contact with his majesty's ministers, so as to harbour private malice or private revenge against them; they had no hatred or malice against lord Harrowby, it was against

It may next be said that the project was weak, that their means were totally inadequate to their end, that their numbers were unequal to the accomplishment of their purpose. There never yet stood at the bar of this or any other tribunal men accused of a treasonable conspiracy of whom that observation might not be made, and of most of them with infinitely more truth than in the present case. History is full of weak plans, of ill-contrived plots and abortive conspiracies; but are we on that account to reject all history? Nay, our own times have furnished us with instances of conspiracies more weak, with means more inadequate, conceived by men of higher intellect and far better means of information. Colonel Despard was an officer of great military skill and experience ;-his plan, compared with the plan of these conspirators, was weak and puerile.

In the cool consideration of detected and defeated projects we are apt to reject that as impracticable and visionary which political enthusiasts have contemplated as easy of execution. These guilty men-founding their hopes on the existence of popular discontent (which discontent had been excited and fomented for some months before by speeches and writings of the most flagitious character) which they supposed to have spread further and wider than it had, heating each other's minds by seditious and treasonable discourse,

till they persuaded themselves that all men thought and felt as they did, that they wished for a change, and were ready to enlist under their standard,-imagined that if they could but strike some great and frightful blow, if they could but destroy those who were intrusted with the supreme administration of affairs, and introduce confusion, and inspire terror into the metropolis by means of conflagrations, that they could then carry on their further operations by the armed men whom they had provided, and that they might count on such an increase of force from malcontents as might enable them to subvert that government which was the object of their hatred. Although the design was impracticable, I admit, with respect to ultimate success, yet as to temporary suspension of the functions of government, and temporary confusion and anarchy, I am afraid that, however the design is to be branded as wicked and atrocious, it does not bear the character of weakness and of folly.

This is the case which we shall lay before you; you will hear and you will attend to the evidence according to which you are sworn to decide, and you will follow that evidence implicitly, whether it lead to a verdict of conviction or of acquittal.

Mr. Baron Garrow.-Is it wished that the other prisoners should be put to the bar.

Mr. Attorney General.-If your lordship pleases.

Mr. Baron Garrow.-Perhaps I ought to address myself to the counsel for the prisoners as well as the counsel for the Crown. It is

merely to enable the witnesses to speak to their identity; but if it is understood that when they speak of A. they are speaking of the prisoner A. and that when they speak of B. they are speaking of the prisoner B. it may not be necessary.

Mr. Adolphus. I have no wish at all, my lord, upon the subject.

Mr. Baron Garrow. It is better, perhaps, that they should come, to prevent any mistake of their persons; it is for the prisoners' benefit that they should be there certainly when they are spoken of.

James William Wilson, John Harrison, Richard Bradburn, John Shaw Strange, James Gilchrist, and Charles Cooper were placed at the bar behind the prisoners on

trial.

EVIDENCE FOR THE CROWN.

Robert Adams sworn.-Examined by
Mr. Solicitor General.

What are you by trade?-A shoemaker. Where did you live before you were in confinement ?-No. 4, Hole-in-the-wall passage, Brook's-market.

You are now come up in custody?—Yes.
Were you ever in the army?—Yes.

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Do you remember seeing Brunt early in the present year at his lodgings?—Yes. Where were his lodgings?-In Fox-court, Gray's-inn-lane.

What was Brunt by trade?-A boot-closer. Did he make any proposal about introducing you to Thistlewood?—Yes.

Did you, in consequence of that, accompany him to Thistlewood's lodgings?—I did. When was that as nearly as you can recollect?-The 12th of January, a Wednesday. Did you go alone with him, or was there any other person in company?-Brunt and Ings.

Tell us what passed at Thistlewood's lodgings when you went with Brunt and Ings?-On Brunt introducing me to Thistlewood, Brunt said to Thistlewood "this was the man I said," you were in the Life-guards?" I told was speaking to you about." Thistlewood him "No, I belonged formerly to the Oxfordblues;" he soldier?" and after that, that he supposed that says, "I presume you are a good I was a good swordsman; I told him I once was, and that I could use the sword now if it long time since I had used a sword or arms of were required to defend myself, but it was a any description; he turned the discourse upon the different shopkeepers of London particularly, saying they were a set of aristocrats altogether, and that they were all working under one system of government, and he should glory to see the day that the shops were shut up, and well plundered; he turned his discourse upon Mr. Hunt, saying Mr. Hunt was a coward, and no friend to the people; that he had no doubt, could he get into Whitehall, and overlook the books, he should find his name there as a spy to the government; he next turned his discourse upon Mr. Cobbett, that Mr. Cobbett, with all his writings, he did not consider as any friend to the people, and he had no doubt upon his mind that Cobbett was a spy equally the same.

Did any thing further pass at that meeting that you recollect?-Mr. Brunt alluded to two men that he had to call upon in Carnabymarket; and asked Mr. Thistlewood if he would walk with him; Thistlewood refused this, saying he had somewhere to call; before we left the room, Brunt told Thistlewood respecting of a blunderbuss that was to be raffled

for, and asked him if he would be there; Thistlewood, to the best of my recollection, told him that he would.

Did you then leave Thistlewood?-On this, I believe we left; I do not recollect any thing else at that time.

On going from Brunt's to Thistlewood's, or at any other time had Brunt stated any thing to you as to any plan they had in agitation? -A plan was stated to me previously to our getting to Thistlewood's.

What did he state to you?-He told me there was a plan that was drawn up by two or three, and he had no doubt, if I would consent to join them, it would meet my approbation.

Did he tell you what this plan was?—This plan was to assassinate the ministers, the first time they met together to dine.

That was before you arrived at Thistlewood's?—Yes, it was; he likewise told me at this time, "besides," says he, "we have got information where the thieves keep their money, to the amount of upwards of three million all in hard specie; after we have done this we intend to go to that place and plunder it."

Did he say where the place was?-Not at that time.

Some time after this, were you in confinement for debt?—I was.

In the Whitecross-street prison?—Yes. When did you come out of prison?-The day after the death of our late king.

That was the 30th of January, the Sunday? -Yes.

After you had come out of prison, did you go to any meeting in Fox-court?-On the Monday evening I called.

You have told us that Brunt lived in Foxcourt? He did.

Was that room in the same house in which Brunt lived?-On the same floor.

Brunt lived in the two-pair of stairs front room ?-Yes.

This meeting was in the back room?—Yes. Did you learn from Brunt who hired that room?—I heard him say he had hired it of the landlady for Ings.

Was there any furniture in that room? Only a stove fixed.

Did meetings continue to be held in that room up to the 23rd of February?-They were held twice a day, except that there was none on Sunday evenings.

What persons usually attended those meetings? Thistlewood, Brunt, Ings, Hall, Davidson, Harrison, Wilson, Bradburn, Tidd occasionally.

Any more that you remember?-Edwards. Do you remember the names of any more, at this moment ?-Not at this moment.

You tell us you came out of prison on the 30th of January; that, on Monday evening, the day afterwards, you attended one of those meetings?—Yes.

Can you tell us any thing particular that passed at those meetings ?-Not on the Monday night.

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Do you recollect any time when Harrison was there ?-A Wednesday night.

When you went to the room, whom did you find there?-I saw Thistlewood, Harrison, and in the course of the evening Ings was there, and Wilson, and Edwards.

Tell us what passed when you went in ?— When I went in, Thistlewood and Harrison seemed in deep discourse, respecting some conversation they had heard; information they had gained of the life-guards and foot-guards being to leave London to attend the funeral of the late king. Harrison was told by a lifeguardsman, that every man in the life-guards that could be mounted and could be spared, was to attend the funeral of the late king, as well as the foot-guards, and likewise the police officers; after he had left the life-guardsman, he said it came to his mind that it would be an excellent opportunity to kick up a row in London that night. Mr. Thistlewood agreed to the plan; and proposed that it should be done by collecting what men they had among themselves together, and to take the cannon in Gray's-inn-lane, as well as the cannon in the Artillery-ground, and likewise for the fire-balls to be made use of to set fire to the different buildings; thinking it would be an excellent opportunity, as the soldiers and what police officers could be spared would be out of London, that there would not be sufficient strength left in London to protect it.

What further passed ?-Thistlewood said, it would be necessary to send a party up to Hyde Park corner, in order to prevent any orderly leaving London for Windsor to communicate what was passing in London.

Any thing further?-He likewise proposed, that the telegraph over the water should be taken, in order to prevent it communicating any intelligence to Woolwich.

Did this plan meet with the assent of those persons who were at that time assembled ?— It met with the assent of those persons then in the room.

After that, did Brunt and any other person come into the room?-Brunt and Ings at this time.

When Brunt and Ings came into the room, was this plan which had been in agitation communicated to them?-It was communicated to them by Thistlewood.

On its being communicated to them by Thistlewood, what passed?-Brunt and Ings both declared there was nothing short of the assassination of the ministers which they had in view, that could satisfy them.

In consequence of this, was that project which had been so mentioned given up ?—It

was.

Do you recollect a meeting which took place on Saturday the 19th of February?— Yes.

Who was at that meeting?-There were Thistlewood, Harrison, Brunt, Ings and Hall. What passed at that meeting?-On my going into the room, they seemed to be in a

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