Chapter II: Part 2
TADD, a shoemaker, of whom the following account was given at the period of his arrest. He is a man of the age of 49, and lived with his wife and family in a small and miserable dwelling situated in the Hole-in-the-Wall-passage, leading from Baldwin’s-gardens to Torrington-street. His family consists of one daughter, and two orphan children, whom he had taken under his care. Tadd has been esteemed among his neighbours, and by those who have employed him in his trade, as an industrious sober man, and an excellent workman. He has earned by his own hands forty shillings a week, and very often even a greater sum. During the whole course of his life, he was never known to neglect his work, or become inebriated; but within the last week he had been in a drunken state, and his family had been at a loss to account for the extraordinary change in his conduct. On Wednesday night, three men came to Tadd while in such a state of drunkenness as scarcely to be able to keep his legs, and forced him away, notwithstanding the earnest entreaties and remonstrances of his wife and family. Nothing was said by the men who took him away, as to their object, either to the wife or any one in the house; and during the whole night, and the greater part of the next day, they were in total ignorance of the circumstances since disclosed, and were at a loss to account for the absence of Tadd. In the morning (Thursday), between seven and eight o’clock, two men came to the house, laden with a box of a considerable size, and, putting it down on the floor, said, “they would call in a few minutes for it.” The men refused to answer the interrogatories put to them as to their object in leaving the box, and only repeated, that, they would call in a short time, and take it away. Very soon afterwards, two more men came with a large bundle of sticks, some of them of the thickness of a man’s wrist. These were left in a similar manner, and the men also refused to answer any questions, saying only, that they would call again for them in a few minutes. Ten minutes had not elapsed before two police-officers entered the house, and seized the box and sticks. When opened, the box was discovered to contain a great number of pike-heads, sharpened ready for use. The sticks were also seized, and carried away by the officers. It would appear, from this statement, that Tadd was taken by the three men whom we have described to the stable in Cato-street, where he was subsequently apprehended, and carried to Bow-street, together with several others.
ROBERT ADAMS, living in a miserable hovel in Brooks’-market, Holborn, and working as a shoemaker. He some time since was a private in the Royal Horse-guards, in which regiment he served for five years. He very much resembles Thistlewood in his person, but has a cast in his left eye.
In addition to these arrests, several warrants were issued, among which was one against a native of France.
The lodgings of Thistlewood, and of all the others who were taken into custody, were searched, and several important papers, and quantities of arms, were discovered and seized. Among those found in Thistlewood’s apartment was a copy of the bill furnished to Dr. WATSON by Mr. Ottley, owner of the Crown and Anchor Tavern, in the Strand, for the expenses of the dinner given to Hunt, on his return from Manchester. Judging from his former connexions, it may be considered as fortunate for the Doctor that he was not able to liquidate this debt, being at the time of the arrests an inmate of Whitecross-street prison on account of this bill, and thus saved from the temptation of joining his former associates.
It is a singular fact, that when Thistlewood was arrested, he had not a farthing of money in his possession. The same observation may be made with respect to his comrades, all of whom were in the most wretched state of poverty.
We will here suspend for a time the particulars of the proceedings against the Conspirators, for the purpose of recording the proceedings of the CORONER’S INQUEST on the body of RICHARD SMITHERS, the unfortunate Bow-street officer, who was murdered, as before stated, when in the execution of his duty, in Cato-street. The inquest was held on Friday the 25th February, at the Horse and Groom public-house, John-street, Edgeware-road, which is situated but a few yards from the spot where the atrocious deed was perpetrated. In the course of the day great numbers of persons visited the miserable building which the Conspirators had selected as the scene of their deliberations, and one universal feeling of horror and detestation against Thistlewood and his infamous associates appeared to actuate the multitude.
The Coroner for the county of Middlesex, THOMAS STIRLING, Esq., having arrived, and proclamation having been made by the beadle of the parish of St. Mary-le-bone, that the Jury summoned should proceed to inquire “when, how, and by what means, Richard Smithers came by his death,” the Jury were sworn.
The foreman of the jury observed to the coroner, that he and his fellow-jurors wished to inspect the body in the presence of the surgeon, in order that he might be ready to answer any question that might arise on the moment. This suggestion was complied with; and on the return of the jury from viewing the body,
Mr. FISHER, the surgeon, was sworn, and deposed as follows:--I am surgeon to the Police establishment in Bow-street. I was called upon for the first time, this day, to examine the body of the deceased. I found an external wound under the right breast. It was two inches in length, and half an inch broad. I opened the body to ascertain the depth and direction of the wound, and I discovered that some sharp instrument had penetrated between the fifth and sixth ribs, wounded the outward surface of the right lobe of the liver, passed through the diaphragm into the chest, lacerated the pericardium, penetrated the right ventricle of the heart, wounded the left lobe of the lungs, and struck against the ribs on the left side. The wound I supposed to be about twelve inches in length. The blood flowed from the heart, and occasioned immediate death. The opening in the pericardium was larger than that presented by the external wound, which was always the case with wounds of this description. The weapon was prevented from passing entirely through the body by the ribs on the left side. It must have been a very sharp instrument, both pointed and cutting, to make such a wound. The membranes, which were cut asunder, could only have been severed by an exceedingly sharp instrument. That death was inevitable after such a wound, the heart having been cut open, and the blood effused into the cavity of the chest.
GEORGE THOMAS RUTHVEN being sworn, said, I am an officer belonging to the public-office in Bow-street. On Wednesday evening last, at half-past eight o’clock, I was in this house. I received an order from Mr. Birnie, who is a Justice of the Peace for the county of Middlesex, to go to a shed or stable in Cato-street, in consequence of a number of men being assembled there for treasonable purposes. There was a warrant issued by Mr. Baker, a magistrate of Marlborough-street. On entering the house, I observed in the lower place a man with a cutlass at his side, and a musket on his shoulder. The door by which I entered from the street was not fast; there were persons going in and out; the man with the musket seemed as if he was guarding the staircase; there was only one man on guard. Ellis, Smithers, the deceased, and several others, went in with me. I don’t know how they came in. They were of course ordered. They were all constables, in number about a dozen. I was the first person that entered. Mr. Birnie, the magistrate, was not there at that time; he was at hand in the street, giving orders. The man who stood at the door as sentinel was walking about. I did not stop to see what he did particularly, but immediately called out to some of the party who followed to secure him. I am not aware that they did secure him, for I immediately went up the stairs. I believe that man was taken; but I am not aware that he was apprehended then; I believe he was caught afterwards. I ascended by a sort of step-ladder staircase. The stairs were so narrow, that the officers were obliged to go one by one. When I got up to the top of the ladder, I observed a sort of table or carpenter’s bench, and a number of arms on it. Thistlewood was on the right-hand side of the table. I know Thistlewood very well. I have followed him for days and nights together. I think about twenty-four or twenty-five persons were assembled. There were different sorts of arms on the table: a variety of pistols and swords. They looked as if they were sorted out. They were handing about as if they were giving or distributing them to each other. Arthur Thistlewood was one. I am quite certain that he was present: I have followed him for days together. He stood by the side of the table handing arms about. He had on a sort of a long brown coat, I think. I knew him as well as I knew my father; quite as well. I could not be mistaken. I have no doubt whatever as to the identity of Thistlewood. As soon as I thought that three or four of the party were up, I said aloud, “We are officers, seize their arms.” I did this to warn the people who we were. As soon as I said this, they each took up what they could from the table, and retired to the farther part of the room. Thistlewood, being near a door that leads into a little closet over the coach-house, retired into that room. He was not further from the door of the little room than I am from that gentleman who is writing there (pointing to a gentleman who sat writing within about four feet of witness). There were others in that little room; how they got in there I cannot tell. I suppose there were five or six, or four or five persons in it. The whole party appeared at that time to be armed. Thistlewood, as he retired, had a sword in his hand, which he moved in a menacing way to keep the officers off. He was not striking with it, but moving his arm round as if to make a stab. The sword appeared bright. As we approached, he retired; and Smithers, who was within a pace of me to the right, stepped forward with his staff. Thistlewood immediately stabbed him, and he fell on me. A pistol was then fired; I know not by whom. I saw the swords of the party directed against the candles, which were immediately put out. Thistlewood stabbed the deceased in the right side as he approached. He did not come out of the little room to do it. He was within the little room, and thrust forward his arm to strike the blow. I saw the sword he carried; it was bright, and glittered. I did not see the hilt. It was a long blade, three feet and a half or four feet long. It appeared straight; but he waved it in such a way, that my eyes might have deceived me as to its shape.
When Smithers fell, he fell upon me, being stabbed on the right side, and I standing a little to his left. I could not at the moment tell whether he appeared to be much injured. In falling, he said, “Oh, Lord! Oh, my God! I am done!” I believe these were his words, or something of that sort.
I don’t know whether Thistlewood drew the weapon out of his body; for instantaneously a pistol was fired, and the lights were put out. I have been enabled to recognise three of the persons who were in the room, besides Thistlewood, I think, since. They are Shaw Strange; he has another name; a man named Blackburn, and James Wilson. There was another man who stood at the door, and fired at a sergeant; his name is Tidd: I don’t know his christian name. The sergeant at whom he fired is present. Tidd first attempted to fire a pistol at Captain Fitzclarence. I seized his arm, and he pulled me down on him. I called on the sergeant to take the pistol from him, and he fired at the sergeant and tore his clothes. I am sure that Blackburn, Wilson, Shaw Strange, and Tidd, were present. There were also two other persons taken, who had been in this house (the Horse and Groom) in the course of the evening. I did not recognise them in the room; but I know they were apprehended, and, I believe, admitted that they had been there. They left a stick behind them in the Horse and Groom; the end of it was evidently cut for the purpose of holding a weapon.
It was like a broom-stick, with a hole cut in the top. The persons that I allude to have admitted that they were in the room at the time the officers entered; but I do not know it. One of them was taken by Captain Fitzclarence; I have seen him here before. These two persons came in to drink a pint of porter, and left the stick behind them in a mistake. One of them came back, and asked for a little walking-stick. The boy, who thought it a queer sort of a stick, had taken it up-stairs, but returned it to the person who called for it. That stick was at the public-office. These persons called at the Horse and Groom an hour before the officers proceeded to the loft. Nothing took place before the party fired, except my exclaiming, “We are officers--take their arms.” When Smithers fell, a pistol was fired, and the lights were put out. I cannot say by whom the pistol was fired. The moment Smithers fell, somebody in the room where Thistlewood was, cried out--“Kill the b----rs; throw them down stairs!” I also cried, “Aye, kill them,” that they might mistake me for a friend. There were nine persons taken that night. I was not present at the apprehension of all of them. While I was securing two of them the rest were brought in. After I had secured Tidd, Wilson, and Blackburn, I proceeded to secure the others; they were then conveyed to Bow-street, and afterwards to the House of Correction.
Several of the party escaped; nine only being taken, and the number in the room appearing to me to be about twenty-five.
When the prisoners were secured by the soldiers, I went up into the loft, and saw Smithers lying on his face; this was twenty minutes or half an hour after the entrance had been made. There were hand-grenades and arms lying about the room. I had no time before to pay attention to Smithers. A man below stairs endeavoured to escape from the door; he had a pistol in his hand. I called out, “Secure that man!” When I did so, he lifted his arm, and attempted to fire the pistol at Captain Fitzclarence; I caught hold of him, and the sergeant coming up, I desired him to take the pistol. The man fired, and struck the sergeant’s coat with a bullet.
I believe only four of us got up. The party in the room fired directly at the staircase, thinking we were coming up in numbers. If they had not done so, they would have killed me, for I stood at one side of it.
There was somebody below who I expected would take care of the sentinel; but, in the confusion, he was handed from one to another, and thus escaped for a few minutes. It was quite dark, and I could not see the party escaping. There were, I think, twenty shots fired at us. It appeared to me as if some shots were fired from the window into the street to create alarm. The whole civil power present on the occasion was not more than twelve or fourteen men. I do not know the man who was acting as sentinel; I believe his name is Davidson. He is a man of colour. I had not time to notice him particularly. I believe he was the man who was walking at the foot of the stairs, with a cutlass by his side, and a musket on his shoulder. I believe there was one light in the lower part of the building where he was. Some one, however, cried out, “They are up-stairs,” and we heard the clashing of arms. I cannot identify the man who was below stairs, I cannot swear to him. There was another officer shot on the left side of the head; he was dangerously wounded; his name is Surman. Another officer, of the name of Westcott, had two or three shots through his hat. One of the bullets struck him on the finger, but did not hurt him materially. I was not wounded at all. At the time I did not know friend from foe. Immediately when the party cried out, “Kill the b----s,” I also said, “Kill them,” in order to deceive them. I had a brace of pistols; one of them flashed in the pan. The lights being out, I was afterwards afraid to fire, lest I might kill one of my comrades. There was a latch to the door which led into the street, and I found no difficulty in getting in. I secured a considerable quantity of arms; amongst the rest there was a large grenade, and several hand-grenades. The large one consisted of a tin canister, with a plate at top, strengthened by several pieces of iron, and bound round with a quantity of tarred rope. I got eight of the hand-grenades; they were about the size of my doubled fist. I also found in the room two swords, and some ball-cartridges, which are in my possession.
The large grenade weighs fourteen or fifteen pounds. It is a canister strongly bound with tarred rope. It is not circular. A number of pistols, swords, cartridges, and bullets, were also found in the room.
No person but Thistlewood offered violence before the candles were put out. There were likewise found in the room about three dozen of weapons, which resembled a sort of bayonet. The bottom part had not a socket like a bayonet, but a screw to fasten into a stick. I found also a dozen of sticks, formed for the purpose of being fitted to those bayonets.
The bayonets appeared to be newly made. They are very rough, and not at all brightened or polished. The balls I picked up in the room were not fired from pistols. If they had, they would have been flattened; I desired the men to pick the arms up, and each man to keep safely what he found: in consequence, some were in the possession of one man, and some in that of another; two or three muskets were either found in the room, or else taken from some of the persons who had been apprehended.
The party had no notice but what I gave that we were officers.
The deposition of this witness having been read over to, and signed by, him,
JAMES ELLIS was next called.--Having been sworn, he stated, I live at No. 22, Paradise-row, Palmer’s-village, St. Margaret’s, Westminster, and am an officer belonging to the Bow-street patrol. I am also a constable. On Wednesday night last, about half-past seven o’clock, Mr. Stafford, the chief clerk at Bow-street, directed me to take Richard Smithers, John Surman, and William Gibbs, and to proceed in a coach with them to John-street, Edgeware-road, as fast as possible, there to meet Mr. Birnie, who would give us further orders. We did so; and when we arrived at the spot, we found Mr. Birnie waiting. He inquired whether we had seen any thing of the military. We told him we had not. He said he expected them every minute. In about twenty minutes Mr. Birnie called us together. Some inquiries were made, but I don’t know of whom, as to what number were likely to be in the room to which we were going, and whether Arthur Thistlewood was to be there. Mr. Birnie gave me a warrant, signed by Mr. Baker, of Marlborough-street, to apprehend Arthur Thistlewood and thirteen other persons named in it. I have not the warrant; I have given it to Mr. Baker. On our being called together, and Mr. Birnie being given to understand that Thistlewood and others were in the room, he asked how many there might be present, and was informed that there was about a dozen. He then inquired how many there were of us. We told him about a dozen also. He said he had been disappointed in the soldiers, who had perhaps missed their way, and were half an hour too late, and that we must proceed to apprehend the parties. We said we would do the best we could. Smithers observed, if there were forty of them we would secure them. Mr. Birnie then directed me to call Ruthven, another officer, out of the Horse and Groom, and we were sent forward to the house, the military not having come in time. Ruthven opened the door and went in; it was a kind of stable where the meeting was held. Ruthven went in first, I followed him. When I entered the stable I observed a man with belts on, a musket or fusil on his arm, and a sword at his side. I believe he held the musket in the position which soldiers do, when on duty. He was walking backward and forward. Ruthven desired some person to take charge of him. I took him by the collar, turned him half round, and gave him to some other person, observing at the same time that he was a man of colour. At that moment Ruthven was at the foot of the ladder, up which he went. I followed as closely as I possibly could, and was immediately followed by Smithers. Before I got up the ladder, I heard a clattering of swords. I heard Ruthven say at that moment, “We are officers, seize their arms,” or “lay down your arms,” I cannot tell which. Upon gaining the top of the ladder, Ruthven turned a little to the left, to go round a table or carpenter’s bench. I observed a number of men falling back to the other end of the room. They were apparently all armed. I also saw three or four men backing into the little room on the right. They were all armed with swords or cutlasses. A tall man immediately brandished a sword at me: his foot was advanced in a fencing attitude, as if he meant to stab. I held up my staff in my left hand, and presented a pistol at him with my right; I held up my staff that he might see it, to shew him what I was. The light was then as good as it is here: it was very lightsome: I desired the man to desist, or I certainly would fire. I did not fire then, I did afterwards. I did not know who the tall man was that threatened me at the time, but I have seen him since, and I know it was Thistlewood. There were some persons in the further room to the right. There was another closet near to the ladder, which was not discovered nor opened for half an hour afterwards. No one was found there. Smithers rushed past, and endeavoured to get into the little room. I saw the tall man draw his hand back, and make a thrust of a sword at him, which I saw strike him on the breast.
It was the same tall man, Thistlewood, who had flourished his sword at me. The manner in which he did it made me fix my eyes on him, so as to mark the kind of countenance he had. Smithers, on being struck, immediately threw up his hands, fell towards me, and exclaimed, “Oh! my God!” I instantly fired at the man who killed Smithers, but I missed him. Smithers fell against me at the time, so as to drive me to the head of the stairs. A rush was then made by the party, and I was knocked down from the top to the bottom of the ladder. The moment I fired, the candles were all put out with the swords.
I think there were four or five and twenty persons present. There were four or five in the small room. The time was so short that very little observation could be made. I ran to the door, when two or three shots were fired in the stable below, where I was. I don’t know by whom they were fired. It was in the dark, and I could not discover friend from foe. I do not know that any officer fired except myself. I have not heard of such a thing. When I arrived at the door, I heard a cry of “Stop him,” and instantly saw a man running at the other side of the street; I pursued, and took him in the street, about twenty yards from the door. When laying hold of him, he made a cut at me with a long sword. This was the man of colour. I received a cut, a very slight one, in the leg. I think it was when his arm, in striking at me, swung round my neck, that the sword, which was a very long one, hit my leg. The man’s name is Davidson. I believe him to be the same man who kept the door, but I will not positively swear to that. I took him to a shop at the corner, and seized his fusil, which was that of a light-horseman, but perhaps rather heavier.
I have seen Thistlewood, and I believe him to be the man that struck Smithers. I did not know him at the time. I saw him for six or seven seconds, or more, when he brandished his sword at me, until he went towards the little room. On seeing that, Smithers rushed forward, and the moment he got near the door, I saw him struck. I was sure that he was killed. It was a stab--a thrust--he received. The sword was long, very bright, and triflingly turned at the end. It seemed sharp on both sides. He brandished it at me. The whole space of this time was not more than ten or twelve seconds. I saw the man with his sword, before I got to the top of the ladder. As soon as Davidson was secured, I returned to the place, and I then found the military had come. I left Davidson in a shop, with two of our people to take care of him. The prisoners were all disarmed, and I proceeded to tie them together. I was only a few minutes gone when I took Davidson. I stayed as little time as I possibly could.
As soon as I had tied the prisoners I went to Smithers; he was lying on his face. I turned him up, and I believe he breathed faintly. I afterwards found a pistol, a bayonet, a quantity of ball cartridges, and several bullets. Many other weapons were found by the officers.
I am most positive of the identity of Thistlewood. I feel no hesitation on the subject.
[Here the witness handed some of the bullets which he had taken to the Jury.]
Witness continued.--I was entering the centre of the room when Smithers passed me. I had my eyes fixed on Thistlewood, when he was brandishing his sword. I am able to recognize him, though I could not recognise any of the others. I saw him for eight or ten seconds, but I cannot speak to his dress: it was a dark dress, but I cannot speak to it distinctly. I heard yesterday, that Thistlewood was the person who struck the blow, but that did not affect my opinion. I would have sworn to him, if it had not been mentioned. There were several persons wounded. An officer named Biggs was wounded. The place where the business occurred is not ten yards from this. It is the first stable down the yard, and is, I think, on the north side of the street. When I fell down the ladder, I fell on some of the officers who were coming up. I should have been shot if I had not so fallen. There were several shots fired in the stable. I had a cutlass by my side, but could not use it. The flashes were numerous below, but I could not see who or what they were who fired. In the confusion Davidson escaped, but I afterwards took him. When I came back there were several persons in custody. There were many shots fired from the window.
We officers carry cutlasses, but they could be of no use against the length of the swords which the party made use of.
I cannot state the specific words of the warrant. It was given to me in the street by Mr. Birnie, and has been placed in the hands of Mr. Baker, the magistrate.
The Coroner inquired of Pyall, the beadle, whether he had the warrant in his possession, and was answered in the negative.
The WITNESS.--The warrant was in my possession; it authorized us to apprehend Arthur Thistlewood and thirteen other persons named in it, for unlawfully assembling together, but for what specific purpose I cannot say, and to bring them before the sitting magistrate, to be dealt with according to law.
PYALL, the beadle, was despatched to Mr. Baker for the warrant, and the deposition of Ellis having been read over to him, he signed it.
WILLIAM WESTCOTT next underwent an examination to the following effect:--I live at No. 10, Simmons-street, Sloane-square, Westminster, and am one of the assistant patrol of Bow-street.--On Wednesday night last, I was sent to the stable in Cato-street, by order of Mr. Birnie. I accompanied Ruthven, Ellis, Smithers, and others to the spot. Ruthven went first, and I followed Smithers. I was behind him in the stable. The moment Ruthven, Ellis, and Smithers had gone up the ladder leading to the loft, I seized a man in the stable below dressed like a butcher. His name I believe was Ings.--When I entered, he rushed out against me: and finding resistance, put his hand to his belt, as if to pull something out of it. I immediately knocked him down by hitting him on the right eye. He was dressed in a long coat beneath his jacket, and had an apron over the whole. This happened before the first pistol was fired, and I was in the act of handcuffing him when I heard a fresh pistol fired in the loft. I had not quite succeeded before Thistlewood came down the ladder, and as he was upon the steps fired a pistol; whether levelled at me or not I cannot say. Seeing me so busily engaged in securing the butcher, he levelled another shot at my head, and at the same time made several cuts at me with a sabre. The pistol went off, and the shot penetrated my hat. I knocked him down with the stick I had in my hand, but he rose and succeeded in making his escape. While I was engaged with Thistlewood, Ings contrived to make his escape also; when Thistlewood was gone, I found that I was wounded in the hand, and that some shot had gone through the flap of my coat. In the mean time both Thistlewood and Ings succeeded in getting away. I pursued Thistlewood, but in vain, and after having followed him through several streets, I returned to the stable. I then went into the loft, and saw the deceased lying dead on the floor. There were several persons present, and the prisoners had been subdued.
The Jury asked the witness whether Thistlewood was the first who came down the steps?--There was a complete rush, and I did not particularly observe whether he did or not. Did he come down before the officer Smithers fell?--I did not see the officer fall. You went with the whole body of the officers?--Yes, I did. There were only three officers, I understand, in the loft?--I believe no more. Where were the others?--They were upon the scout. Then I understand that after the three officers mentioned had gone up, Thistlewood came down, and prevented others from ascending the steps? Yes; and he fired down the steps to prevent the ascent of others.
CHARLES MOY.--I live at No. 11, London court, Mary-le-bone, and am a watchman. On Wednesday night, about half-past eight, I apprehended Ings, while Brooks was in pursuit of him. He fired at Brooks; but I cannot say what fire-arms he used, as he threw it down before I reached him. Brooks cried out, Stop thief! and I immediately apprehended him. The ball went through the coat and waistcoat of Brooks, and grazed the top of his shoulder. I took Ings down to Mary-le-bone watch-house, assisted by Brooks and another officer. I searched him, and found seven or eight bullets in his pockets, some gunpowder in a tin flasket, and a haversack. He had a kind of belt on each side for pistols.
SERGEANT LEGGE, of the 2d battalion of Coldstream Guards, was next examined.--On Wednesday evening last I was called up about eight o’clock, and received orders to march to John-street, Edgware-road. I was then quartered in Portman-street barracks. A picket, usually employed on occasions when the military is required in aid of the civil power, was ordered out. It was commanded by Captain Fitzclarence. Upon arriving at John-street, we were unable to ascertain the spot whither we ought to proceed, and the captain advanced to ascertain what we were to do. When he returned, he ordered the picket to advance at double quick time. Upon reaching the stable in Cato-street, I observed a man standing with a pistol in his hand. He presented it at Captain Fitzclarence, and I knocked it aside with my pike. I then seized the muzzle-end of the pistol with my hand, and a scuffle ensued between the man and myself about the pistol. I kept firm hold of it till it went off, and the ball passing by my arm, tore the cloth off my sleeve. (Witness here exhibited the sleeve of his coat, which appeared to be very much torn.) In wrestling with the prisoner, I held my face down to the lock of the pistol, and as it went off the ball grazed my right eyebrow. As soon as the pistol was discharged, the prisoner let go his hold. I secured him, and delivered him over to the police. I believe the prisoner’s name is Tidd. After this skirmish I followed my officer and part of the picket up the steps into the loft. The greater part of the picket had reached the loft before I was disengaged from the prisoner. When I had reached the loft I discovered a table in the centre of it, nearly covered with pistols, blunderbusses, ammunition, and other arms of various descriptions. Three men had then surrendered; I think their names were Monument, Cooper, and Gilchrist. I do not recollect what police-officers were present at the time. Upon looking on the floor, I saw the deceased lying dead at my feet. His body was examined by the picket, and I perceived the wound on his right breast. I was ordered back to the barracks for a reinforcement, and when I returned, the whole of the prisoners taken that moment were collected into the loft. Upon the arrival of the reinforcement, the prisoners were conveyed to Bow-street.
Here one of the jury observed, that the inquest had proceeded far enough to ascertain the acts of Thistlewood. The Coroner replied, that those who were aiding and abetting in the murder were equally guilty as the principal; and it would be necessary to ascertain who they were, and what they did.
Here the examination was interrupted by the arrival of a messenger, with a letter from Mr. Baker, the magistrate, to the Coroner. It was read aloud, and was to the following effect:--
“I beg to inform you, that I granted a warrant on Wednesday the 23d instant, for the apprehension of Arthur Thistlewood, and several others, on a charge of felony, and that I afterwards received from Mr. Ellis an order to lay it before the Privy-Council on the examination of the prisoners when in custody. It has not yet been returned to me, nor do I think that I shall be able to obtain it at the present moment. Perhaps it would be better to adjourn the inquest for the present, and I will endeavour to get it for you to-morrow, or send you the information, on which it was issued.”
WILLIAM SARMON.--I live in Edgeware-road, and am a tailor by trade. On Wednesday night, about eight o’clock, I was passing through Cato-street, and when opposite to the stable I heard Westcott say that Smithers had been stabbed. In two or three minutes afterwards two men rushed out of the stable. One of the two cut me with a sabre on the hat. He was a tall man dressed in a dark coat. He struck at me twice, and hit my thigh, but fortunately did not wound me. I was so frightened at the moment, that I could not tell which way he ran, and I did not stop to look. There were many people in the street at the time. I do not know the appearance of Thistlewood. I only observed that the man who struck me was of a pale complexion, and wore a dark long coat. The other man who accompanied him out of the stable did not attempt to strike me. They both passed behind me on the right hand, I think, through the gateway towards John-street. I heard several shots within the building, while I was standing opposite the stable. That night I wore a loose coat, and by that means I was not wounded. I saw Westcott go into the stable, and I knew him well. I had seen him many times before.
Here the examination of the witnesses terminated, and the Coroner expressed a wish to receive some information respecting the christian names of those who had been described as having been apprehended in the stable. He thought there was no distinction between the case of Thistlewood and the other prisoners; they all entertained the same mischievous design, and shewed their purpose but too plainly, in being so well furnished with fire-arms, hand-grenades, _&c._ He wished to know whether the gentlemen of the Jury were satisfied with the evidence already received.
A juryman said, he wished to put a question to Ruthven, the officer, before the verdict was pronounced; but Mr. Pyall, the summoning officer, stated, that Ruthven had gone away, notwithstanding his particular request that he should remain.
The Coroner wished to know whether any of the Jury required an adjournment of the inquest; if they did, he would willingly attend to their request. The Jury unanimously declared that they were satisfied; and the Coroner, in a formal manner, asked, “Is Arthur Thistlewood guilty or not guilty of murder?”
_Foreman._--Guilty.
_Coroner._--Is William Davidson guilty of murder or manslaughter?
_Foreman._--_Guilty of murder._
One of the Jury wished to ask a question, which he thought of some importance, before the verdict was pronounced upon all the prisoners. He wished to know whether those who might have met for a different purpose were equally guilty of the murder with Thistlewood?
The Coroner replied, that there could be no doubt that they were implicated in the murder as much as Thistlewood himself, for whatever illegal purpose they might have met. They had impeded the officer in the execution of his duty, and one of them had killed him.
A _Juryman_.--If any of the prisoners had been put in the same situation as Thistlewood, they would probably have acted in the same manner.
_Another Juryman._--But are those who surrendered themselves equally guilty?
_Coroner.-_-There can be no doubt of it. They were all assembled for one common purpose, and the act of one is the act of the whole. It is clearly murder in them all. If a man intends to do a mischief to another, and, instead of killing him, happens to kill a second, it is equally murder, as if he had killed the man he intended.
A _Juryman_.--Another doubt arises in my mind. Had not these men a right to defend themselves, after the pistol had been fired by the officer Ellis?
_Coroner._--Certainly not; there cannot be a doubt upon it.
The jury, by their foreman, then pronounced a verdict of “_Guilty of Murder_” against the following prisoners: James Ings; Charles Cooper; Richard Tidd; John Monument; John Charles Strange; Richard Blackburn; James Wilson; James Gilchrist; and others unknown.
In the course of the day, the afflicted parents of the deceased visited the body, and showed much feeling upon the occasion. The old couple were so decrepit as scarcely to be able to get up stairs. Smithers was a stout, good-looking man, about thirty-three years of age.
In addition to the wound that was the immediate cause of the death of Smithers, it was found that a pistol bullet had penetrated his shoulder nearly six inches. It was extracted by Bennett, and was found to have been cast from pewter. A second sabre wound was also found under his blade-bone. In what manner these wounds were inflicted, there are no means of knowing, but it is supposed they occurred after his fall.
On Thursday afternoon, the 2d of March, at four o’clock, his remains were removed from his lodgings in Carteret-street, in the Broadway, Westminster, and buried in the church-yard of St. Margaret’s, Westminster, amidst a great concourse of sympathizing spectators. It was too trying a task for his widow to undertake to follow him to the grave, and she was prevailed on not to attempt it. The deceased’s father and brothers followed as principal mourners. They were succeeded by some private friends, and a numerous assemblage of officers and others belonging to Bow-street office; Mr. John Lavender, belonging to Queen-square police-office, to which the deceased formerly belonged; Mr. Armstrong and his son, both officers belonging to the police-office in Worship-street; making in the whole 67 persons; thus showing the last mark of respect to a departed officer, who had fallen a sacrifice by the hands of a ferocious assassin.
The procession passed through the following streets; the windows of each house were filled with spectators of both sexes;--Tothill-street, Dartmouth-street, Great and Little Queen-streets, Great George-street, and through the grand opening leading to St. Margaret’s church. The rush from the crowd to gain admittance into the latter place was astonishing; but no accident occurred. The service was performed by the Rev. Mr. Rodber. The church-yard was filled with an immense crowd of persons of all descriptions, among which were numerous soldiers belonging to the Guards. A general regret and pity seemed to pervade the whole of this vast assemblage at the melancholy fate of this unfortunate man. The procession then returned through Tothill-street to Carteret-street, when the officers returned to the undertaker’s. The whole of this funeral was conducted in the most decorous manner; and several magistrates were amongst the spectators.
On Sunday, the 27th of February, at one o’clock, the Cabinet Council assembled at the secretary of state’s office for the home department, to proceed with the investigation of the charges against the assassins. Their lordships were assisted by the law officers.
ROBERT ADAMS, late a private of the Royal Horse-Guards, and who had become king’s evidence, was examined before their lordships, which occupied their time till half-past two o’clock, which was then too late an hour to proceed with the examination of ABEL HALL, a tailor, who had been apprehended on Saturday morning by Lavender, Bishop, and Salmon, the officers, in Seward-street, Chiswell-street.
A quantity of ball-cartridges, a musket, and a cavalry sword, which they found concealed in a ruinous shed at the back of a small house near the Regent’s park, were this day produced. The woman occupying the house was also brought up, but after a short examination she was discharged. It did not appear that she had any knowledge of these things being on her premises. These articles appear to have been deposited in the place where they were found by some of the conspirators in their retreat.
On Monday, the 28th of February, the Privy-Council again met, and on this day a proclamation was placarded in different parts of London, offering a reward of 200_l._ for the apprehension of JOHN PALIN, _alias_ PEELING, who had been charged with high treason. He was described as being a child’s chair-maker, and as having been formerly a corporal in the East London Militia, and about forty years of age.
Private information was the same evening given to Lavender and Bishop, that Palin, for whose apprehension the reward of 200_l._ had been offered, was concealed in a house in the neighbourhood of Battle-bridge. They proceeded immediately with their informer to the spot described, but found that there was no ground for the suspicion which had arisen. Though the officers did not find Palin, they found three men and a woman of somewhat suspicious appearance. One man was in bed, and said he was unwell. The patrol suspecting him to be one of the Cato-street gang of assassins, and that he was in bed in consequence of the bruises he had received, made him get up, when he was found to have all his clothes on except his shoes. They stripped him, but he had no bruises. The other two men were melting lead in a frying-pan. One of the men lived at that place, the others in Monmouth-street and Brownlow-street. They were all three brought to the office, and underwent an examination before Mr. Birnie, when there being no charge against them, and they not being known, they were discharged. It is supposed that Palin might have taken the alarm, and escaped at the back of the house while the officers were knocking at the door.
The notorious PRESTON, the cobbling politician, of Spa-fields’ memory, was also this day arrested on suspicion of being concerned in the plot, under a warrant issued by R. Birnie, Esq. It appears that the lodgings of this man were searched a few days before, but nothing of a suspicious nature was found. On those occasions he facetiously said--“his armory could not boast of a swan-shot, nor his port-folio of a scrap of paper of the slightest political interest.” Circumstances afterwards transpired which led to his arrest upon a charge of high treason. He was found industriously engaged in mending a shoe, with his family about him. He was surprised at this new visit, but submitted to his fate with cheerfulness, not unaccompanied by an apparent sense of his own importance. His daughters were highly indignant at this intrusion on their domestic privacy. The officers conducted their prisoner to Bow-street office, from whence he was sent to the Marquis of Anglesea public-house opposite. He was placed under the care of Lack, one of the patrol. He called for “a pipe and pot,” and, seating himself before the fire, seemed perfectly happy. He laughingly said to a gentleman who went to see him, that he thought “the farce would not be complete till he was taken.” He had previously denied all knowledge of the late conspiracy. After being shortly examined before Mr. Birnie, he was sent to Covent-garden watch-house, where he remained in confinement during that night. On the following morning he was removed from that place of confinement to the secretary of state’s office for the home department, where, at twelve o’clock, the Lords of the Council assembled, consisting of the Cabinet Ministers, the Marquis of Camden, Mr. Peel, Sir William Scott, Sir John Nicholls, Mr. Sturges Bourne, together with the Attorney and Solicitor-Generals, and other law officers.
Mr. Buller, one of the principal clerks of the council, attended to take the minutes of the proceedings. When Preston was taken in before the Lords of the Council he behaved with his usual boldness and low insolence to most of their lordships personally. He called upon them with the most ludicrously impudent arrogance, and asked what they meant by sending for him to disturb his peace of mind, and to disturb the economy of his family, alluding to his three daughters binding shoes, and himself making them.
The examination of this impudent fellow lasted about half an hour, after which he was committed to Tothillfields-bridewell in the custody of two of the Bow-street officers. When he returned from the Council Chamber he was almost breathless, and gasped out to those about him--“Bless me, how I perspire! but I always do when I have any thing like a subject to speak upon.” Whilst his commitment was making out, he requested to be _assisted_ with a little porter. Some porter was given to him, and whilst he was drinking it Lord Castlereagh passed through the hall, when Preston observed, “Aye, there he goes! His lordship will remember what I have said to him as long as he lives. I have talked more treason, as they call it, to-day, than ever I did in my whole life before.” The porter seemed to inspire him, and he was proceeding with more remarks, when the officers received his commitment, and he was led to the coach which was to convey him to prison. A number of gentlemen were assembled in the hall; and, as he passed through the midst of them, he bowed and smiled on all sides, repeatedly saying, “God bless you all.”
In the course of the day an application was made at the police-office, Bow-street, by one of Preston’s daughters, to be allowed to see her father, and to deliver him some clean linen; she was referred by the magistrate to Lord Sidmouth, and accordingly wrote the following letter to his Lordship, which she carried to the office of the Home Department, and delivered it to one of the messengers, while she waited in the hall for an answer:--
“My Lord,--I entreat your Lordship to allow an agonized daughter to have an interview with her father, who was dragged from home, and his family, consisting of three daughters besides myself, totally unprotected, on a charge of which he is completely innocent, and of which he has no knowledge whatever. My father’s house was searched four times successively on four different days, and nothing was found that could at all criminate him in the late dreadful proceedings.
“I have called at Bow-street for the purpose of giving my father some linen, and also to know if he could be held to bail, and have been referred to your Lordship. I am now waiting in the lobby of the Home Department Office with the linen to give to my father; and I hope your Lordship will grant me an interview with him.
“I am, my Lord,
Your Lordship’s obedient humble servant,
ANN PRESTON.”
“_17, Princes-street, Drury-lane, Feb. 29._ _To Lord Viscount Sidmouth_, &c. &c.”
After being absent some time, the messenger who carried the letter to his Lordship returned, and told her she must call again on the following day for an answer. She then inquired where her father was, and was informed that he had been examined that day before the Privy-Council, and had been committed. She then left the office in tears.
The next morning she waited at the office of the Home Department, as she had been directed, for an answer to her application. She saw Mr. Hobhouse, and was told by him, that she could not see her father till after the following Friday; and, if she would call again on the Saturday, she would probably have an order to see him. She waited in the lobby until her father was brought out, after his examination before the Privy-Council, and he looked very anxiously at her; but they were not allowed to speak to each other. She had a bundle of linen; and, when her father was conveyed to Tothill-fields prison, she followed him, and gave the linen to the governor.
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An Authentic History of the Cato-Street ConspiracyChapter II: Part 2
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