gentleman, of the name of Rolleston, rode out to reconnoitre, and he saw upon the road a number of persons together, with a man attempting to form them; but, upon the yeomanry and the magistrates coming up, they dispersed on all sides. Gentlemen, when the magistrates and soldiers came up to this place, they found the ground covered with guns and pikes, and the various arms, obviously leaving the marks of a dispersed army, in consequence of their not meeting with the numbers they had been taught by Brandreth, and Weightman, and others to expect. Gentlemen, what became of Brandreth at that. time I cannot tell; it was some time before he was taken up; but of his identity-of his being the Nottingham Captain-of his being the man who led them the whole line of march-of his being the person who presided on the 8th of June, at the White Horse at Pentridge, when the plan was laid down, and detailed to all those who came there; and the object of that plan was so detailed, there will not be the slightest possibility of doubt. Gentlemen, I say there will not be the slightest possibility of doubt, for many of the witnesses have no doubt of the identity of his person. When I say that, do not expect that the witnesses will state that he was exactly in the same situation and appearance that he is now; certainly not, because at that time he had not that length of beard which he has preserved down to the present moment, obstinately refusing, I believe, to suffer himself to be shaved. If he supposes that the change of his appearance will prevent those persons from knowing him who had this opportunity of seeing him, I can tell him, that I believe he is extremely mistaken: his appearance then will be described to you, and his features are such that the witnesses will have no doubt about it: they will state his being a high and swarthy man, with very black whiskers; but not with that length of beard. He was also dressed differently; for he had a dark top coat-meaning a great-coat, with pantaloons, and the white apron, by way of belt, tied round him; and I believe all the witnesses who had any conversation with him, have no more doubt of his being the

man, than I have of any learned friend round the table. being the person I have always known and taken him for; therefore, whatever may be his object in having his appearance altered by difference of dress, and length of beard, that will not prevent the witnesses speaking to his identity.

Gentlemen, I fear I have detained you too long in detailing these circumstances; but if I prove the facts of his thus presiding, of his thus declaring the objects, of his thus acting as the leader of a banditti, for I can call them by no other name, considering their advance and their acts from the night of the 9th of June, to the Tuesday morning, what is that but levying war against the State and the Government, and, therefore, against the King? The purpose was to subvert the State and the Constitution; the means was armed hostile force, those arms obtained in the way I have stated to you: if there be any thing else which can constitute levying war by a subject against his Sovereign, but that, I should like to hear it stated in a Court of Justice; for it is not necessary in order to constitute the levying war that battles should be waged, the distinction between the bellum levatum and bellum percussum is this; bellum levatum, or levying war, is, though battle may not have been waged; when conflict has actually taken place, it is then bellum percussum. It is the assembling with a hostile force for the purpose of subverting the Constitution of the country, or of effecting, by hostile force, any purposes of a general nature, and not merely directed against the property of any private individuals.

Gentlemen, I have endeavoured to perform the task which has devolved upon me as fairly as I can. I have stated the law as I understand it, and I have stated the facts, as I believe they will be proved by the witnesses: what answer is to be given by my learned friends on the other side, I am sure I do not know; but, unless they can alter the facts, and prove to you that the man at the bar is not the man of whom I have been speaking, it appears to me actually impossible you can give any other verdict,

according to the law and the evidence, than the verdict of guilty.

I have but one word more to say, which is this, I am always rejoiced when any man, who stands to answer for his life at the bar of a Court of Justice, has all the means which the law can afford him of making his defence. Pursuant to the rules of law, I am sure he has all the means before the tribunal who preside; I am sure he has all the means before the Jury, who are sitting to try him; and I am sure, as far as learning and ingenuity can assist him in the person of his Counsel, he has all the means an Englishman can have for his defence by means of those who are an honor to the bar at which they practise.

EVIDENCE FOR THE CROWN.

Anthony Martin sworn.

Examined by Mr. Solicitor General.

Q. I believe you are in the service of Messrs. Outram, Jessop & Co. at Butterley?

A. Yes.

Q. They are iron founders?

A. They are.

Q. How far is Butterley from Pentridge?

A. About a mile.

Q. Do you remember on Sunday the 8th of June last going to Pentridge?

A. Yes.

Q. Did you go with any one?

A. Yes, with John Cope.

Q. Is he also in the service of Outram, Jessop & Company?

A. Yes.

Q. What time of the day was it that you went ?

A. Between nine and ten o'clock in the morning.

Q. What was the occasion of your going to Pentridge? A. He asked me to go and look at his potatoes; then he said he had a little business at Pentridge, and asked me to take a walk with him.

Q. Where did you go to at Pentridge?

A. We went into Weightman's croft.

Q. What Weightman is that?

A. At the public house, just below the public house,
Q. You staid there a little time?

A. Yes.

Q. What public house are you speaking of?

A. The White Horse.

Q. Is that kept by Mrs. Weightman?

Q. Having staid in this croft a little time, where did you go then?

4. A little girl came out of the public house and asked us to go into the public house.

Q. You and Cope?

A. She asked Cope, not me.

Q. Did you then go into the house?

A. Yes.

Q. What room of the house?

4. We went into the house part first, and they asked us to walk into the parlour.

Q. Did you go into the parlour?

A. Yes.

Q. Did you find any persons there?
A. Yes.

Q. How many?

A. I cannot exactly say how many there were then.
Q. Were there many?

A. Yes, there were a good many at first, and more came afterwards.

Q. What were they about when you went into the room? A. Talking about this revolution.

Q. You say there were many persons in the room when you went in, who were those persons, or any of them? A. There was one they called the captain; I did not know what his name was.

Q. You do not know his name?

A. They called him Brandreth.
Q. Is that the prisoner at the bar?

A. Yes, that is the prisoner, I am sure.

Q. Were his dress and appearance then the same as they

are now?

A. No.

Q. In what respect were they different?

A. He had got a pair of grey trowsers on, and a brown

ish coat.

Q. What sort of a coat?

A. A great coat.

Q. How was his person?