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went to a little distance I observed he had a bag under him-he was dressed in a blue smock frock, which concealed the bag before: it struck me when he turned, and I saw it, that that bag must be bullets, and then I dashed at his horse and seized it by the bridle; I told him I must have that bag, he said I should not, I had nothing to do with it, said I have, you rascal, they are bullets, and you are taking them to join the rebels' I took him by the collar and was pulling him down from his hørse, and he said he would give them up quietly, that they were bullets; he was obliged to do it, he said, for they had threatened his life if he did not. I found about eighty-four pounds of bullets in the bag, and an instrument for making cartridges with thein,” they were produced to you, some would suit gups and some pistols, there appeared to be a variety of sizes-he says, “ I cannot speak particularly to the men who withdrew and went away, I did not address them at all; Ludlam and the other men I addressed, might have withdrawn themselves if they had pleased."
William Roper lives in the centre of Nottingham Forest, at a stand, which is upon the race-course; it is an oval course, and the stand is in the centre of it: he says_"On Monday night, the 9th of June. last, I was at Dennis's, a public-house, at Nottingham, about half past eleven I left the house to go home, William Percival was with me. Nottingham is about three quarters of a mile from my home: in going home I met a great many persons on the way, and I was stopped at the entrance to the face course by a man, who asked me where I was going; we told him we were going homes and he said we must not go on that way; that induced me to stop a while, and afterwards, in going home, I say about a hundred men, they were standing in line two deep.” This was Nottingham Forest, you remember. Nottingham Forest was talked of more than once by this party at Pentridge, “ They had some of them pikes, others poles resembling pikes.; I should think this was a little before twelve, at night; we passed them, and about ten of them, with pikes, followed us; and, as we were turning off the course they stopped us ;
they brought tlieit pikes down to the charge to charge upon us. I afterwards passed on to' my own house, and went in and Percival with me: we afterwards came out, and saw about the same number of men'; they were then standing in life, under a shed or a piazza, and they left my house about two o'clock." Your reinember, Gentlemen, the idea was that the others were tö'arrive by that time. “When they went away they left a' pole behind them, but there was nothing at the end of it. I was in the house when they were under the shed. They knocked' at my door, and demanded fire-arms. I owned I had some, and they told me I must deliver them'up to them. I told them I would not. They told me if I would not, they should be under the necessity of breaking the door open, and taking them by force. I told them that if they did so I would' blow out the brains of the first what that en tered. They replied' will you ?" P said yes. A mian called for the men with the fire-arms to come forwatd. I beard a bustle on the flag stories under the piazzas, and expected they were coming in ; the piazzas are before my house ; they made no attempt upon my door, but they caine forward, and asked me how many fire-arms I had'? I told them I had two, that one was a rifle-piece, and the other a-fusee. They asked me to give them to them. I said "no.' They asked if I would sell them to them? I told them no, I would neither sell them nor give them, nor part with them on any account that they were my own property."
Then Lancelot Rollestón, Esq. a very active Magistrate of the county of Nottingham, as you all know, says « On the 9th of June I was at Nottingham, and found theʼtown in a very agitated state; I observed marks of the agitation by groups of people collected in the streets': there was a general apprehension in the town. On Tuesday morning, the 10th"I went, on the road towards Eastwood on horseback'; in the villages within a mile of Eastwood, the people were very much alarmed, most of them out of their houses: I' proceeded till I came within a quarter of a mile of Eastwood, where I'meta
body of men, armed with pikes; I returned, and procured troops from the barracks.
Mr. Mundy, a Magistrate, and Mr. Kirkby, a Magistrate, were at the barracks; I procured eighteen privates, commanded by Captain Philips and a subaltern officer, and proceeded with them towards Eastwood. When we got as far as Kimberley, four miles from Nottingham, and about two miles short of Eastwood, the people told us that the mob had dispersed; we followed them, and found a quantity of arms, guns, and pikes scattered about upon the road. I continued the pursuit till within about half a mile of Eastwood, when I turned off on the left after a party which I had observed in that direction. I took with me only one dragoon—the number I pursued consisted of thirty or forty; they were dispersing and throwing away their arms : we secured two or three, and then we turned towards Eastwood again, after the main body, and came up to them just at Langley-mill, which is about half a quarter of a mile from Eastwood ; they were at that time all dispersed, and the mob were pursuing them in all directions, and there were thirty of them brought to Nottingham; the Prisoner was not one of those men. I continued the pursuit for a considerable time, and was at the taking of several more.
Captain Philips was a Captain of the 15th Huzzars, he was the gentleman who assisted Mr. Rolleston in the pursuit; he says, he was stationed with a detachment of his regiment at the Nottingham barracks on the 9th of June; there was some bustle and disturbance in the streets that evening, and about ten o'clock there was a party of the military sent for; by the time the military got into the town they had dispersed a good deal --we were kept on the alert all night; about half an hour after day break he retired to rest, and about half past six he was alarmed and called
when Mr. Rolleston came and he went out with a party of eighteen men and a serjeant--and he says, in the same terms as Mr. Rolleston, that he saw a party and pursued them but they got away-between Langley-mill and Eastwood he saw about sixty men mostly armed, there was a man in the road who was trying to form them
with his hand and so on, but the men were disorderly and paid no attention to him; they fled and threw away their arms except five or six who were taken with arms in their hands—they collected about forty guns and pikes.
Upon cross-examination he says, he did not take up the Prisoner, he did not see him with the party nor at all that day; when he first came up they were all standing on the road, and there was one man whom he did not know trying to form them, he could not fix his eye upon him altogether, he tried to do it, and he says he is not able to identify him. This, Gentlemen, is the evidence for the prosecution; for the Defendant there is one person, 'the overseer of the township of Wilford, who says that the Prisoner had had relief from that parish.
This, Gentlemen, is the whole of the evidence in this case. You will now have the goodness to recollect what I stated to you at first as to the meaning of the statute, and the general law of the case-if there be an insurrection, a large rising of the people, in order by force and violence not to accomplish or avenge any private object of their own, not any private quarrels of their own, but to effectuate any general public purpose, that is considered by the law as a levying of war. Now, Gentlemen, you are to consider whether this comes within that deseription. That there was an insurrection here is quite clear, that there was a great body of people collected and collecting together is quite clear, that they expected a great number of persons, with whom they stated themselves to be in conspiracy, is equally clear, that they said there were men to meet them in Nottingham Forest, and that there were men there according to their declaration, is quite clear ; that they came armed, that they came in military array, that they forced open houses, that they obliged people to give them arms, that they declared from time to time, what their pu.pose was, and that they committed the outrages which you have heard described; all these facts are unquestionable. - Now, Gentlemen, the insurrection is not to be to accomplish or avenge any private objects or quarrels of their
own. Was this insurrection calculated to accomplish or avenge any private objects of their own, or any private quarrels of their own, or was it to effectuate a general public purpose ? Was it to alter the laws, to reform the Government, or to bring about a revolution ?-aye or no is the question.
Gentlemen, that these people were in a low situation of life is no excuse at all; for a crime is not less a crime because the man who commits it is poor. If they were in distress, of which there is no evidence, that can be no excuse, if they intended to overturn the Government, If there was no great prospect of their success, that is no excuse;
for it is not less a crime because the design is not likely to be completed in the way in which they desire it. The question is, whether this insurrection was intended by force and violence to effectuate any general public purpose,
Now, Gentlemen, you will recollect, the evidence that has been given (there is no evidence to contradict it) is, that they declared, from time to time, that their object was one while to wipe out the national debt, another while to destroy the Government at large; and so on. If you believe that their purpose was what they declared it to be, you will, I suppose, think them guilty of High Treason; because the law declares force applied to that purpose is High Treason. If, on the other hand, Gentlemen, you can lay your hands upon your hearts, and say that you are satisfied their purpose was any thing short of a purpose of that sort; that there was any private personal end which they wanted to attain, but which is not stated by them, for they do not tell you of any private or personal object i yet, if you are satisfied that they had a private end tu attain, namely, anything personal to themselves, not any, thing public and general in the way declared by them, you will find the prisoner not guilty; but, Gentlemen, considering the evidence, as know you will consider it, with care and integrity, you will put out of your minds all the consequences that can happen, and attend only to the important consideration of your duty; and remember that you are lo do justice, and to pronounce a verdict,