Chapter III: Part 3

About this time WADDINGTON, the fellow who had been brought into some notoriety, by his arrest for being the bearer of a placard, the object of which was to create an unlawful assembly on Kennington Common, appeared before Mr. Hicks, the sitting magistrate at Bow-street, and with ridiculous effrontery, stated that the reason of his calling was to say that the officers had seized his books and papers, which they were very welcome to do, as he had nothing in his possession that he was ashamed of, or that could lead to any charge. His landlady, who was present when his place was searched for books and papers, told him that the officers had left a message, desiring him to attend at the office, as he was wanted there; and he consequently attended.

Mr. Hicks, the magistrate, professed himself unacquainted with the affair; but desired that inquiries should be made, and it turned out that some of the police-officers had searched his lodgings, and had seized his books and papers; but they denied having left any message for his appearance at the office, and there was no doubt but that it was a mistake of his landlady in relating to him what had passed.

The magistrate informed him that he had no charge against him. Waddington withdrew from the office, after telling the magistrate that he might always be found when wanted.

We are happy, however, to announce that this man has since relinquished politics, and taken up the more quiet occupation of porter to a tallow-chandler. From his former enthusiasm in _the cause_, however, it was supposed possible that he might have afforded shelter to some of his quondam friends, and accordingly the officers were directed to search his lodgings. They found no trace of radicalism, except a whole-length portrait of himself, blowing a horn, carrying a large bundle of twopenny trash under his arm, and in his hat a paper, inscribed “Order, order! Public Meeting in Smithfield on Wednesday next.” Underneath was written “Samuel Waddington, printer and publisher to the Radical Union.”

Having had occasion to introduce the names of these men, who have lately forced themselves on the notice of the Public by their absurd, but highly mischievous, interference in politics, it may not be thought altogether irrelevant if we introduce a description of the _Radical Committee Room, at the White Lion, Wych-street_, this being the rendezvous, or place of meeting, where these self-elected Radical Committees held their nightly meetings.

The White Lion was a public-house, but has very properly been deprived of its license by the Magistrates. It is situated a short distance from Newcastle-street, towards the New Inn; the entrance to it from the street is up a dark narrow passage, about thirty yards long. In the tap-room, over the embers of an expiring fire, sat a set of suspicious, ill-looking fellows, huddled close together; whilst at a small deal table to the right sat Mr. ----, with a book and some papers and printed bills before him; from the obscurity of the place, having no light but what proceeded from a candle placed before Mr. ----, or from that in the bar, a stranger coming in would not be able to recognise any of the faces on seeing them afterwards elsewhere. On the right hand, on entering the house, is a small parlour; here of an evening a select committee assembled, and no others were admitted. This was the room in which the most private transactions were carried on; Mr. Thistlewood or Dr. Watson always came out into the passage to speak to any person who called there on business. In a very large room up stairs, and which is occasionally used as a school-room, upwards of a hundred ill-looking persons have assembled of an evening; in it the open committee and loose members of the society met; it had ranges of forms all round and across the room, and had hardly ever more than two or three candles to illuminate it. Here their processions, _&c._, were arranged; their flags, _&c._, kept; whilst the more private business was carried on below in the parlour.

We now resume our narrative of the proceedings previous to the final commitment of the prisoners for trial.

On Thursday, March 2d, the Lords of the Council met by appointment at the Secretary of State’s office for the Home Department, at twelve o’clock in the forenoon, to deliberate on the charges against the prisoners, and to determine on the best and most proper mode of proceeding against them without interrogating the prisoners or examining any witnesses. The meeting was attended by the Cabinet Ministers, the Marquis Camden, Viscount Palmerston, Mr. C. P. Yorke, the chief Baron of the Court of Exchequer in Scotland, the Hon. R. Ryder, Sir John Nicholl, Mr. R. Peel, Mr. W. Huskisson, the Master of the Rolls, and Mr. S. Bourne. There were also present the Attorney-General, the Solicitor-General, and Mr. Baker, the magistrate belonging to the police-office in Marlborough-street, who signed the warrant for entering the premises in Cato-street, and for the apprehension of the gang. Their lordships continued in deliberation till near half-past two o’clock.

In consequence of some mistake in the transmission of an order, a number of the prisoners were brought up from Coldbath-fields prison, to the Secretary of State’s office; but as their lordships had determined not to enter into any examination of the prisoners themselves on this day, they were sent back under an escort, a few minutes after their arrival.

The next day another meeting of the lords of the council took place, which was attended by the same persons as that on the previous day, with the addition of Mr. Sheriff Rothwell, Sir William Curtis, and other public characters.

Soon after eleven o’clock in the morning, Lavender, Salmon, and other officers, arrived in three coaches at Coldbath-fields prison, with orders from the Secretary of State, to bring the conspirators to Whitehall, for examination before the Privy Council. Mr. Adkins, the governor of the prison, immediately delivered over the following prisoners into the care of the officers, _viz._, Thistlewood, Monument, Wilson, Davidson, Tidd, Gilchrist, Ings, Bradburn, Shaw, Cooper, and Brunt. They were immediately conveyed in the coaches provided for their reception to Whitehall. The prisoners were all handcuffed to each other.

About the time that this detachment reached Whitehall, Mr. Nodder, the Keeper of Tothill-fields prison, arrived at the same place in a coach, with Preston, Simmonds, Harrison, Hall, and Firth, the keeper of the loft in Cato-street.

The whole of the prisoners, on their arrival at Whitehall, were placed in the first apartment. Those from the House of Correction were placed in a line, handcuffed together, on the bench immediately facing the entrance, and the Tothill-fields’ prisoners were seated on a bench at the right-hand side of the room.

The appearance of the whole was wretched in the extreme, and one or two of them seemed mere boys. Thistlewood appeared quite downcast, his features every day undergoing an alteration for the worse; his complexion had become quite jaundiced, and his general appearance nerveless and emaciated; he wore the old brown surtout in which he had been seen of late in the streets, and kept his eyes occasionally gazing with indifference upon the strangers who thronged the room, but mostly fixed on the ground. Davidson, the man of colour, seemed perfectly at his ease, and talked cheerfully to the prisoner who sat next him. Preston was not only quite composed, but enjoying a constant smile of self-complacency at the inquisitiveness with which strangers as they passed asked “Which is Preston?” “Which is Thistlewood?” Preston seemed in his usual good spirits, and had not a little of the appearance of having exhilarated them in the course of the morning by a jolly draught. While the prisoners were in this room, a considerable number of gentlemen were permitted to pass through the room, but none to converse with them. The police-officers were stationed at the end of each seat.

The Council being assembled, they were examined singly before their lordships.

ARTHUR THISTLEWOOD was the first who was called in. The officers immediately unlocked the handcuff of the prisoner, and conducted him to the Council-chamber. He went up stairs with great alacrity, and being introduced, he was placed at the end of the table, with an officer on each side of him. The Lord Chancellor presided, and informed the prisoner that he was about to be committed upon the double charge of high treason and murder. He made no reply; but looked round at the assembled ministers with a malignant scowl. This was all that passed, and he was immediately re-conducted to his companions: he smiled as he came back, and returned to his former seat. In a short time, as if in contempt of the authority by which he was coerced, he put on his hat, and assuming a look of defiance, remained in that state for the remainder of the day. All the other prisoners were subsequently taken up in the same manner. Monument and Simmonds were the last, and these did not return for nearly half an hour. It appears that they, at this time, endeavoured to make their peace by a disclosure of what they knew.

The soldiers engaged in the affair were then called in, and desired to look at the men whom they thought they could recognise. Sergeant Legge and nine privates were present. They soon came forth, and said they had no doubt as to the identity of the men they had assisted in securing. All the arms and ammunition taken from the prisoners, and in Cato-street, were deposited in an adjoining room under a guard.

When INGS returned from the Council-chamber, he resumed his seat with great sullenness; and as soon as the officers had replaced his handcuffs, he and Thistlewood entered into conversation with great eagerness. Thistlewood spoke almost in a whisper; but Ings was more loud; and, at the close of their conference, he ejaculated, as if talking to himself, but loud enough to be heard by all in the room--“It is want of food which has brought us here. Death--death would be a pleasure to me--I would sooner be hanged this instant, than turned into the street there; for I should not know where to get a bit of bread for my family; and if I had fifty necks, I’d rather have them all broken, one after the other, than see my children starve!”

PRESTON continued very talkative and lofty. He seemed bursting with impatience to go before the Council; raising himself from his chair every time the door opened, in hope of being the next called; then sinking back into his seat with vexation and disappointment, and exclaiming, “Oh! how I long to go up! My _genus_ is so great just now, I don’t think there is any man alive has so great a _genus_ as mine is at this moment.” Then he would pore upon the ground for a minute or two in deep cogitation; and at length break out into the following soliloquy:--“If it is the will of the Author of the World that I should perish in the cause of freedom--his will, and not mine, be done! It would be quite a triumph to me!--Quite a triumph to me!”--at the same time throwing his arms about in a manner which savoured strongly of insanity. It was not, however, his fate to be called before the council at all at this time; though, when Thistlewood and some others expressed regret that they had not applied to have their families admitted to see them--he desired them very pompously to make themselves quite easy upon that head, for he would take care to mention it in his speech to their Lordships.

Immediately after the prisoners had all been called in, an express was sent off to Captain J. H. Elrington, fort-major of the Tower of London, directing him to prepare for the immediate reception of ten state prisoners.

The whole of the examinations having been brought to a conclusion, the council proceeded to deliberate upon the course which was to be adopted with respect to each individual case. They remained thus engaged for nearly two hours. During this interval the crowd in front of the office greatly increased, and the most anxious entreaties were made to be permitted to see the conspirators. These were in most cases ineffectual. Only a few noblemen were permitted to enter, including lord Westmoreland, lord Stair, and some others.

The prisoners being themselves pretty well apprized of the charges which were to be preferred against them, became less equivocal in their behaviour. Wilson, Davidson, and Tidd, who were linked together, were most daring. They laughed in derision at the persons who came to view them, and seemed to be little affected by the situation in which they were placed. Brunt, in imitation of his captain, put on his hat, and thus assumed the character which has been assigned him, of being second in command. At half past four Mr. Day, the clerk of the papers, was sent for by Mr. Hobhouse, the under secretary of state, who communicated to him the orders of the council.

On Mr. Day’s return, he stated to Sir Nathaniel Conant and Mr. Baker, who were remaining in his office, that eight of the prisoners were to be forthwith committed to the Tower. He then produced the list, and called over the names of the persons to whom he alluded. These were:

Thistlewood, Monument, Brunt, Ings, Wilson, Harrison, Davidson, Tidd.

The men came forth as they were called, and were handcuffed two and two. A short time now elapsed while the warrant to the constable of the Tower was preparing, and until messengers were despatched to obtain carriages, and require the presence of an escort of the Life Guards. This period was occupied by the prisoners in a sort of confused conversation. Harrison and Thistlewood at once threw off all reserve, and shook hands. The others began to speak freely. Davidson said he should like about a pound of beef-steak and a pot of porter, and his companions agreed that it would be no bad finish to their day’s amusements. Thistlewood said aloud, “I hear the Spaniards are getting on famously!” Wilson answered, “Are they--a cursed good job!” “Aye,” replied Thistlewood, “They’ll all have it in their turn; they may scrag a few of us, but there is more going on than they are aware of.” Harrison laughed, and exclaimed, “Aye, time will show all things.”

A bustle outside now announced the approach of the Horse Guards, who drew up in a double column in front of the office, under the command of Captain Mayne. A hackney coach then drove up to the door, into which Thistlewood and Brunt were put, accompanied by Mr. Ruff, one of the king’s messengers, to whom the warrant was delivered, and by two police-officers. The coach then drew off to a short distance, preceded and followed by four of the Life Guards. A second carriage then came up, into which Davidson and Ings were put; they were likewise guarded by two officers. Ings, as he mounted the coach, exclaimed, “Hurra, boys!” in expectation, no doubt, of having a cheer from the crowd that was assembled. In this, however, he was disappointed; not a word escaped from the lips of the by-standers at all in unison with the principles of the conspirators--on the contrary, they seemed to be viewed with feelings of strong disgust.

Wilson and Tidd were placed in the third hackney coach: they went out laughing; but, previous to their departure, they turned round, and, in common with all those who had been confined in Cold Bath Fields prison, begged to return their grateful thanks to Mr. Adkins, the governor, and to his assistants, for the humane and kind treatment which they had received while under their care: they also were guarded by two police-officers. The last who went out were Harrison and Monument. The latter, whose diminutive size made him appear somewhat ludicrous when placed beside his gigantic companion, was greatly depressed. These men were in like manner guarded by two of the Bow-street patrol. The whole four carriages being now in readiness, and a constable having mounted each box, the cavalcade set off, completely surrounded by the Horse Guards.

They proceeded over Westminster-bridge, and from thence by the Westminster-road, through the Borough, and over London-bridge, up Fish-street-hill, down Fenchurch-street, the Minories, across Trinity-square to the Tower gate; and although followed all the way by an immense throng, not one expression of commiseration was heard to escape.

Ings’s conduct was most daring: he continued to exclaim against His Majesty’s Ministers with the most undisguised abuse, using language of the most revolting nature. He either knew, or affected to know, many persons in the crowd, to whom he nodded, and some of whom gave him a significant shake of the head in return.

Thistlewood made no observation: he seemed to be looking anxiously from the coach window, as if to see if there were any persons passing whom he could recognise.

Brunt looked extremely gloomy, but did not say any thing.

Davidson did not seem at all affected by his situation, and continued in good humour.

Wilson and Tidd laughed, and looked out of the coach windows with apparent indifference; and little Monument seemed to have sunk into a state of despair: he said he supposed he was not long for this world.

On reaching the upper gate of the Tower, leading to the armoury, it was found shut; but, on a regular summons being made, it was opened without hesitation, and the prisoners and their guards admitted. Notice had been sent off to the Tower, in the early part of the day, to prepare rooms for the prisoners, but still it was with some difficulty that secure apartments could be got in readiness; at last the necessary accommodations were obtained, and the prisoners were left under the care of the yeomen of the guard.

The warrant upon which they were received by the constable of the Tower, was to the following effect:--

“You are hereby required to receive into your custody, Arthur Thistlewood [then followed the names of the other prisoners] who stand charged with high treason, and them safely to keep till discharged by due course of law, for which this shall be your sufficient authority.”--Then followed the names of the privy-council, commencing with the Lord Chancellor, Earl Westmoreland, _&c._

This warrant was written on a sheet of foolscap paper, with a black border, and bore the official seal. It was accompanied by a private note to the constable, containing instructions as to the manner in which the prisoners were to be treated.

They were accordingly received by Captain Elrington, the major of the Tower, who, after some difficulty, from the shortness of the notice which he had received, succeeded in finding them secure apartments.

Each prisoner was placed in a separate apartment; two warders armed in the usual way, with cutlasses and halberds, were placed in each room; and at each door was stationed a sentinel armed, to whose care was intrusted the key of the room, with strict orders not to permit more than one warder to be absent at a time, and that only for occasional purposes.

Thistlewood was placed in the prison known by the name of the Bloody Tower.

Davidson was in the prison over the waterworks.

Ings in a different room of the same prison.

Monument in the prison at the back of the Horse-armory.

Brunt and Harrison occupied separate apartments in the prison over the Stone-kitchen.

Tidd was secured in the Seven-gun Battery prison, and Wilson in the prison over the parade.

The prisoners were permitted to have, by the indulgence of the law, what is called state allowance, for their daily maintenance, which, to such wretched poverty as theirs, must have made even their awful situation, as compared with their confinement in Coldbath-fields, a change for the better.

The number of warders sufficient to do the ordinary duty of the Tower is ten; but, as soon as the command for preparing the prisons reached the proper quarter, directions were given to increase the number of warders to sixty.

The iron gate at the east end of the Tower was closed on the arrival of the prisoners as usual upon such occasions.

Immediately after the departure of the delinquents charged with the crime of high treason, from the Secretary of State’s office, Mr. Adkins, the Keeper of the House of Correction, in Coldbath-fields, was informed that six of the remaining prisoners were to be consigned to his custody, namely--Bradburn, Strange, Firth, Gilchrist, Hall, and Cooper. These men were then brought out, and escorted to Coldbath-fields prison, under circumstances precisely similar to those which had attended those who had gone to the Tower. They were accompanied by Mr. Silvester, a King’s Messenger, to whom the warrant for their commitment, similar to the one addressed to the Constable of the Tower, was intrusted, and several officers of the police, and by an escort of the Life-Guards.

Mr. Adkins, the Governor of the House of Correction, was asked if he had got the Coroner’s warrant for the commitment of the men pronounced by the Coroner’s Jury to have been guilty of the wilful murder of Smithers? He answered in the negative. No such warrant had been transmitted to him by Mr. Stirling. A messenger was then despatched to the coroner, who had omitted to make out the warrant, and he waited while it was prepared in the usual form.

Simmonds, the footman, and Preston, were remanded to the custody of Mr. Nodder, the governor of Tothill-fields prison, and were taken there in a hackney-coach; and thus ended the final examination of the conspirators by the Privy-Council.

In addition to the gang taken at Cato-street, and the subsequent arrests which we have already recorded, a young man, named ROBERT GEORGE, was apprehended, who was with good reason, suspected of being one of that gang, and whose discovery and apprehension arose out of the following extraordinary circumstances:

At the time the coroner’s inquest was sitting on the body of the murdered Smithers, Perry, the conductor of the patrol, who was then in attendance, was called out by two soldiers, who informed him, that on that day they had been informed by a boy, that he had discovered a depository of fire-arms and deadly weapons in an extraordinary way, by his having been at play in Chapel-street, Paddington, and losing a marble behind some building in that street. He went behind the house of Mr. George, a haberdasher and tailor, in search of the marble, and seeing in a closet some fire-arms, a sword, _&c._, he mentioned it to the soldiers.

Upon this intimation Perry hastened to the spot as soon as possible, and found a narrow passage leading to the back of Mr. George’s premises, and also a closet fastened by a staple, situate under a staircase, which answered the description of the information he had received where the fire-arms and deadly weapons were deposited. Perry inquired to whom the closet belonged, and was informed that it belonged to Mr. George, the tailor and haberdasher. Mrs. George soon appeared, of whom Perry also inquired how the closet became fastened, when Mrs. George informed him that she had fastened it in consequence of the wind blowing it open. He desired her to produce the instrument with which she had fastened the staple, which, on being produced, resembled a hammer, and with which she also unfastened it.

On the door being opened, Perry discovered a musket, a bayonet, a pistol, sword, powder, and balls. He then inquired if those articles belonged to them, and the mother denied that they did. The daughter, who was present during the investigation, wrung her hands, and appeared greatly distressed. Perry then proceeded into the house, and found Mr. George employed in his business of a tailor, who also denied any knowledge of the fire-arms and deadly weapons, and admitted that his son occupied a house on the opposite side of the street, and might have deposited the fire-arms, _&c._, in that place.

On inquiry it was ascertained, that the son had absconded since the night of the meeting in Cato-street. Perry desired that Mr. George would attend at the office, and he himself accompanied Mrs. George and her daughter. On their arrival at the office, they underwent private examinations before Mr. Birnie, but nothing appeared which could criminate any of them; but strong suspicions existed that their son, Robert George, was present at the Cato-street meeting, at the time Thistlewood murdered Smithers.

From that time the officers had used every vigilance in endeavouring to trace him out. Ruthven and Salmon received information of his being concealed at a house in Goswell-street, whither they repaired, but were unsuccessful in finding him. They nevertheless had discovered that his anxiety to leave this country was so great, that he had offered himself to be engaged in any capacity whatever, in any vessel going to the East-Indies; they also learned that, having before been a seafaring man, he had succeeded in engaging himself as a servant on board an Indiaman; and their exertions were so great, that they gained intelligence, on which they could rely, that the last place he would be at, previous to leaving London, would be the Dundee Arms, Wapping, near the Commercial Road, where they went and waited, having no doubt but he would be there to start by the boat for Gravesend on Sunday, the 5th of March, from which latter place the Indiamen were to sail on the following day. They waited there till about seven o’clock, at which time Robert George entered the house. He inquired for the Gravesend boat, and was informed that it had sailed a few minutes previous. On receiving that information, he appeared extremely agitated and disappointed: he called for some brandy and water, and seated himself.

During this time Ruthven and Salmon had satisfied themselves beyond a doubt of his identity, and having had reason to believe that he would be fully prepared with arms for a desperate resistance, Salmon watched an opportunity, when he instantly rushed upon him, and, presenting a pistol to his head, exclaimed, “If you offer to stir, I will fire.” Ruthven then handcuffed and properly secured him. On searching him they, however, found that he was not prepared with any arms, and his luggage consisted only of his clothes. The officers placed him in a hackney-coach, and lodged him in Covent-garden watch-house.

During the following day they made diligent inquiry as to the manner in which he had disposed of his time since his escape from Cato-street, when they learned that a lodging had been procured for him in Earl-street, Bricklane. They also traced out his brother, who lived in that neighbourhood, who denied any knowledge of his place of residence; but the officers discovered that the brother had actually procured the said lodging for him, and in his possession they found a large thick stick, at the bottom of which was a thick iron ferrule, about two inches long, which was hollow at one end, and appeared calculated to receive a pike or dagger, which he acknowledged to have received of his brother George, on his parting with him on Sunday evening, previous to his entering the Dundee Arms.

On searching Robert George’s lodgings in Earl-street, they did not discover any thing of a serious or dangerous nature. The prisoner underwent a private examination before Mr. Birnie, which was reported to the Secretary of State’s office for the Home Department; no orders were, however, sent for his conveyance there, and therefore a commitment was made out for the prisoner, Robert George, to the House of Correction, on a charge of high treason, whither he was conveyed in a hackney-coach, in the custody of Mr. Atkins, the governor of that prison, Perry, who was originally in the pursuit of him, and one of the patrol.

Before entering on the trial of the notorious ARTHUR THISTLEWOOD, for the double crime of high treason and murder, for which we have traced his commitment on the clearest and most satisfactory evidence possible, we shall present the reader with a brief sketch of his early life, and some particulars of his conduct after his arrest.

Thistlewood was a native of Horncastle, in Lincolnshire, and was born in the year 1770; his father was land-steward to an ancient family in that neighbourhood; he was placed at an early period of life with an eminent English school-master, to be educated as a land-surveyor. This pursuit in life he afterwards declined following, and at the age of twenty-one became a lieutenant in a militia regiment; soon after this, he married a young lady, of the name of Bruce, residing near Bawtry, in Yorkshire, who was possessed of property amounting to 300_l._ per annum. Thistlewood resigned his commission in the militia, and obtained another in a marching regiment, with which he went, at the commencement of the revolutionary war, to the West Indies, where he soon gave up his commission in it, and afterwards proceeded to America; there he resided for some time, when he obtained a passport for France, and arrived there shortly after the downfall of Robespierre. He became initiated in all the doctrines and sentiments of the French Revolutionists, and at the peace of Amiens returned to England, when he became acquainted with the disaffected in his native country; since which his whole life, it seems, has been spent in seeking opportunities to overthrow its constitution.

From the period of his release after his former indictment for high treason, the Government had taken care to have all his actions watched, and his movements traced; but even with all this precaution, it is possible that the diabolical scheme, of which he was evidently the author and chief mover, would have been carried into effect, had it not been for the remorse of the man who made the disclosure to Lord Harrowby.

One night, during his confinement in Coldbath-fields prison, the following remarkable occurrence took place in the cell of Thistlewood. In the course of the evening, Mr. Adkins, the governor, sat with him a short time, and conversed with him on general topics. He was very communicative on the subject of the different prisons in which he had been confined. He spoke of Horsham as being extremely strict, and observed, that the rules laid down for the management of the prison were observed to the letter, without any reference to the rank of the party confined. He gave the preference to the Tower as a place of incarceration. The usual hour for locking up having arrived, he was left to the society of his usual companions. He soon retired to rest. His mind seemed restless, but, after some time, he fell into a profound sleep--thus he continued awhile, when he became evidently agitated--at last he exclaimed, with a sort of convulsive shriek, “Ha! I’ve got you now!” and then, becoming more strangely disturbed, he awoke in a sort of phrensy: for a moment he did not seem to recollect where he was; but, on seeing his companions with their eyes fixed upon him, he affected to laugh, and said, “What strange things one thinks of in one’s sleep.” He remained awake for a considerable time, and, at length sunk again into an unquiet slumber.

On the subject of his arrest he spoke freely before his final commitment, declaring that he knew the man by whose instrumentality he was taken, and that he was with him that morning, and was the only man who knew of his retreat. He added that but for the people in the house, the patrol who arrested him in White-street, and his brother officers should have fallen. His companions said, “Why you had no arms; how could you have effected their destruction?” “Ah!” he replied, “they thought they were very cunning; but cunning as they were, they were not cunning enough.”

This was but a vain boast; for, at the moment the officer seized him, he was evidently paralized. He shewed no disposition to resist. No arms were found in the room, with which he could defend himself, and when he was carried off to Bow-street, six officers were left behind to search every hole and corner in the house. This they did, and found nothing to warrant an opinion that he was capable of making a formidable resistance.

It is, however, rather a suspicious circumstance, that while the officers were engaged in securing their prisoner, the landlady, Mrs. Harris, slipped out, and gave an intimation of what was occurring to her husband, who was a type-founder in the manufactory of Messrs. Caslon. From that time he has been “out of the way.” It was ascertained that he was the manufacturer of all the bullets found upon the conspirators. A warrant was issued for his apprehension.

The officers are satisfied that the arms which Thistlewood had in Cato-street have not been found, and imagine that he deposited them with some friend. It is a matter of surprise, that in getting rid of these evidences of his guilt, he should have kept in his possession the black belt which was seen round his waist in the loft, and which, with some ball cartridges, was found in his pocket in White-street.

Up to the time of his last appearance before the Privy-Council, he made no inquiries respecting his family, but was particular in his questions as to the persons who had been arrested. Among others, he mentioned the name of Palin, for whose apprehension a reward of two hundred pounds had been offered, and again describing in the most minute manner the person of Brunt, with an evident intention to avoid mentioning his name, he asked if he was arrested? Upon these heads he received no satisfactory answer.

Mrs. Thistlewood is a smart, genteel little woman, dresses well, and from the first seemed perfectly alive to the situation of her husband, in whose political sentiments she heartily concurs. On the officers going to search her lodgings, she did not manifest any of that alarm which, in a female, might be considered natural. She received them with calmness, accompanied by a certain air of dignity, and demanded their authority for searching her premises. Being satisfied on this head, she permitted the search to be made without further hindrance. She has a son, who seems a genteel ingenious youth. When she obtained permission to visit her husband, the interview always took place in the presence of an officer, and her person was scrupulously searched, even to the removal of her stays and cap, and these precautions were continued from first to last.

The prisoners all standing fully committed on the clearest and most satisfactory evidence, the preparations for their trial commenced, and on the 8th of March the following Special Commission of Oyer and Terminer was issued by the Crown:--

GEORGE the FOURTH, by the grace of God, of the united kingdom
of Great Britain and Ireland, King, defender of the Faith,
to our most dear cousin, William Henry Duke of Portland; our
well-beloved and faithful Councillors, Sir Charles Abbott, knight,
Chief-Justice, assigned to hold Pleas before us; Sir Robert
Dallas, knight, Chief-Justice of our Court of Common Pleas; Sir
Richard Richards, knight, Chief-Baron of our Court of Exchequer;
our beloved and faithful Sir William Garrow, knight, one of the
Barons of our said Court of Exchequer; Sir William Draper Best,
knight, one of the Justices assigned to hold Pleas before us; Sir
John Richardson, knight, one of the Justices of our said Court
of Common Pleas; Sir John Silvester, baronet; Newman Knowlys,
Francis Const, Charles Bosanquet, Charles Trelawny Brereton,
James Clitherow, James Ferguson, Edmond Alexander Howard, Richard
Paul Joddrell, Samuel Purkis, Thomas Wood, and Peregrine Dealtry,
Esqrs., greeting.

+Know ye+ that we have assigned you, and any two or more of
you (of whom one of you, the aforesaid Sir Charles Abbot, Sir
Robert Dallas, Sir Richard Richards, Sir William Garrow, Sir
William Draper Best, and Sir John Richardson, we will shall be
one) our Justices and Commissioners to inquire by the oath of good
and lawful men of our county of Middlesex, of all High Treasons
and misprisions of High Treason, (other than such as relate to
the coin), and of the murder of one Richard Smithers, deceased,
and of any other crime or offence touching the death of the
said Richard Smithers; and of any offence or offences against,
touching, or concerning the persons of Frederick Fitzclarence,
William Legge, James Ellis, John Surman, William Westcoatt,
William Charles Brooks, John Muddock, and Benjamin Gill, or any
of them, contrary to the form of an Act made and passed in the
forty-third year of the reign of our late royal father, King
George the Third, entitled “An Act for the further prevention of
malicious shooting, and attempting to discharge loaded fire-arms,
stabbing, cutting, wounding, poisoning, and the malicious using of
means to procure the miscarriage of women; and also the malicious
setting fire to buildings;” and also for repealing a certain
Act made in England, in the twenty-first year of the late King
James the First, entitled, “An Act to prevent the destroying and
murdering of bastard children;” and also an Act made in Ireland in
the sixth year of the late Queen Anne, also entitled, “An Act to
prevent the destroying and murdering of bastard children, and for
making other provisions in lieu thereof;” and also the accessories
of them, or any of them, within our county aforesaid, as well
within liberties as without, by whomsoever and in what manner
soever done, committed, or perpetrated, when, how, and after what
manner; and of all other articles and circumstances concerning
the premises, and every or any of them, in any manner whatsoever;
and the said treasons and other the premises according to the
laws and customs of England for this time to hear and determine;
and therefore we command you, that at a certain day and place,
which you or any two or more of you (of whom one of you, the said
Sir Charles Abbott, Sir Robert Dallas, Sir Richard Richards, Sir
William Garrow, Sir William Draper Best, and Sir John Richardson,
we will shall be one), shall for this purpose appoint, you make
diligent inquiries into the premises, and that you do hear and
determine all and singular the premises aforesaid, and do cause
to be done therein what to justice appertains, according to the
laws and customs of England; saving to us the amerciaments, and
other things from thence to us accruing. We do also command all
and every our officers, ministers, and subjects, by virtue of
these presents, that they attend, advise, obey, and assist you in
the execution of the premises, in all things as it behoves them.
And we do also command, by these presents, our sheriff of our said
county of Middlesex, that at such certain day and place, as you,
or any two or more of you, (of whom one of you, the aforesaid
Sir Charles Abbott, Sir Robert Dallas, Sir Richard Richards, Sir
William Garrow, Sir William Draper Best, and Sir John Richardson,
we will shall be one), shall make known to him, he do cause to
come before you, or any two or more of you (of whom one of you,
the aforesaid Sir Charles Abbott, Sir Robert Dallas Sir Richard
Richards, Sir William Garrow, Sir William Draper Best, and Sir
John Richardson, we will shall be one), such and so many good
and lawful men of our said county, as well within liberties as
without, by whom the truth of the matter in the premises may be
better known and inquired into. In witness whereof, we have caused
these our letters to be patent. Witness ourself at Westminster,
the eighth day of March, in the first year of our reign.

BATHURST.

Monday, March 27, 1820, was the day appointed for opening the Special Commission for the trial of the Conspirators engaged in the Cato-street plot, and the officers of the Crown attended accordingly in the court at HICKS’S-HALL, at nine o’clock in the morning. The gentlemen who were summoned on the grand inquest were also in attendance.

The witnesses for the Crown, about thirty in number, were placed in a room by themselves, preparatory to their being taken before the Grand Jury. Those witnesses who themselves stood charged with being parties to the conspiracy were in separate rooms, under the charge of constables. Among them were Monument, who, it will be recollected, was committed to the Tower; and Adams, who remained for some time a prisoner in St. Martin’s watch-house, but was afterwards committed to the House of Correction in Cold-bath-fields. This man had been labouring under severe indisposition ever since his apprehension.

The pike-handles, guns, pistols, swords, grenades, daggers, ammunition, and other articles seized on the persons of the prisoners, and in Cato-street, at Brunt’s lodgings, and elsewhere, were deposited in the office of the clerk of indictments. When collected together they presented a formidable appearance.

At ten o’clock the Attorney and Solicitor-Generals entered the Court, and took their seat at the barristers’ table. In a few minutes afterwards Chief-Justice Abbott and Chief-Justice Dallas, together with Mr. Const, and other magistrates, whose names were mentioned in the Commission, came upon the bench.

Proclamation was then made for silence, and the commission was immediately read by Mr. Dealtry, one of the clerks of the Crown-office.

The names of the gentlemen summoned on the Grand Jury were then called over, and the following gentlemen were sworn:

Job Raikes, esq. John Stock, esq. Thomas Milroy, esq. Robert Batson, esq. William Hills, esq. Henry Thomson, esq. Richard Gibbs, esq. Thomas Lomet, esq. James Gordon, esq. William Anderson, esq. William Parry, esq. John Booth, esq. John H. Pakenham, esq. John Warren, esq. George Frederick Young, esq. Robert Meacock, esq. Richard Jennings, esq. James Taylor, esq. John Johnson, esq. Francis Douse, esq. John William Horsley, esq. William Benning, esq. Stephen Taylor, esq.

These gentlemen having been sworn by Charles Abbott, esq. marshal to the commission, proclamation was made for silence while the charge was delivered.

LORD CHIEF-JUSTICE ABBOTT then addressed the Grand Jury in the manner following:

“Gentlemen of the Grand Inquest--We are assembled in this place, under the authority of his Majesty’s Special Commission, issued for the purpose of inquiring into, hearing, and determining, certain offences therein particularly mentioned. These offences are, first, all high treasons, except such as relate to the coin of the realm; secondly, all misprisions of treason; thirdly, the murder of one Richard Smithers, deceased, and any other crime or offence touching the death of that person; and, fourthly, any offences committed against the persons of Frederick Fitzclarence, George Legg, John Surman, William Westcott, John Muddock, James Basey, and other persons, or any of them, contrary to the form of an act made and passed in the forty-third year of the reign of his late Majesty, for, among other things, the further prevention of the malicious shooting, maiming, stabbing, or wounding, any person or persons; and, gentlemen, it has become my duty to offer to your consideration some remarks on each of these subjects, for your assistance in the discharge of the important duty which will devolve upon you when the bills are laid before you.

“The particular crime of treason to which it would be proper to call your attention is to be found, 1st, in the ancient statute 25 Edward III., and 2dly, in a statute passed for very wise purposes in the 36th year of the reign of his late Majesty. [His Lordship here recited the enacting clauses of the statutes to which he referred; the first of which declares it to be high treason to compass and imagine the death of the King or the Queen, or to levy war against the King within his realm; and, the second enacts, that if any person, within or without the realm, compass or imagine the death of the King, or his deposition, or to do him any bodily harm, such as maiming, wounding, or imprisoning him, in order by force to compel him to change his measures or counsels of government, any persons so offending shall be guilty of high treason.]

“You will observe, gentlemen, that in each of the description of offences that I have enumerated, except the levying of war, which is in the ancient statute that I have alluded to, the words are, “imagination and intention,” which are words of the same meaning, and the actual perpetration of the crime is not mentioned. But it is further required by an ancient statute, that the party accused shall be provably attainted; and by a latter statute it is mentioned, that if the party shall express, utter, or declare his intention by any printing or writing, that is an overt act of such intention. The law has wisely provided for the public safety, that in cases of this kind, which involve the most extensive public mischief, the intention shall be adjudged the crime; but, at the same time, for the safety of the individual charged, it is required that such intention shall be manifested by some act tending towards the accomplishment of the criminal object charged.

“It may be proper to mention, that, before the passing of a late statute, it was settled by several cases, and the opinions of the first text writers, that all attempts to depose the king from his royal state, to restrain his person, or to levy war against him, were high treason; and all conspiracies, consultations, and agreements for those purposes, were overt acts of compassing and imagining the death of the king. By the late statute, all these things are made substantive treasons, and thereby the law is made more clear to those who are bound to obey it, and to those who may be engaged in the administration of it.

“It may be also proper to remark, that all the pomp and circumstances of military array are not necessary to the first levying of war. Insurrections for the purpose of accomplishing the designs I have mentioned to you by force, however ill arranged, if they are to accomplish an innovation in public affairs, in which the parties have no special or particular interest, are an actual levying of war. Rebellion at its first commencement is rarely found in military discipline or array, although a little success may soon lead it to assume those appearances. Any act manifesting a criminal intention, and tending towards the accomplishment of the criminal object, is, in the language of the law, an overt act. Overt acts may be committed openly and manifestly; but there are other overt acts, such as meetings and consultations, and contrivances, agreements and promises of mutual support and assistance, and incitements to others to engage in the same scheme, are also overt acts. Assenting to the designed purpose, assisting in the preparation of weapons, or any other thing necessary to the general design, are all overt acts of the particular kind of treason, of the particular compassing and imagination to which they may happen to apply; and in this crime of high treason the law acknowledges no accessories,--all are principals. All who participate in the design and object, whether they enter into them early or late, are equally guilty; for it will be found in conspiracies of a treasonable nature, as well as all other conspiracies, that each is engaged in accomplishing some particular object, which is a part of the general design. Some are more zealous and ardent, others are more close and reserved; but, as they are all acting in pursuance of the same view and object, all are equally guilty. Overt acts are most important matters for your investigation. It is necessary that the proof be set forth in the indictment, in order that the accused may be prepared for his defence; but it is not necessary that all the circumstances of proof should be detailed. It is also required, in cases of high treason, that there should be two witnesses to the overt acts. It is not necessary that there should be two witnesses to every overt act; but if there be one witness to one overt act, and another to another, that is sufficient. Some one overt act must be proved to have taken place in the county in which the trial takes place, as in the present case, in Middlesex.

“Having said thus much upon the law, as it applies to high treason, I shall now address myself to the cases likely to be brought before you, in order that you may apply that law. But in any thing I may say, with reference to the inquiry in which you are likely to be engaged, I request you will consider it all as supposition.

“It has been supposed that a conspiracy was formed to assassinate certain persons engaged in the administration of the government of the country, when they were assembled at a dinner at the house of one of them, on February 23d: and it is supposed that a treasonable hostility to the government dictated that act, for the abolition of that government would follow this assassination. In furtherance of this design, seven persons were found almost in the act of immediate preparation, in a stable, with arms and offensive weapons, suitable to the accomplishment of such a traitorous purpose. Those persons, when attempted to be arrested by the peace-officers and the military, in their endeavours to escape, which many of them effected, killed one Richard Smithers. Pistols were discharged--weapons of death were used--and some or all of the persons named were wounded.

“Of these matters all of you have, no doubt, read and heard; therefore I take the liberty most earnestly to entreat you to confine your attention to the evidence laid before you, and to banish from your minds such information as you may have previously received as to the motive or object of this supposed conspiracy, or as to the conduct of the particular individuals supposed to be engaged in it.

“I should tell you that a conspiracy to murder public persons, however important their situations may be, if arising from private malice, and not intended to bring about any other object, does not constitute the crime of high treason. But if the assassination of such persons is meant as the first step of a general design to attack and destroy by force the government of the country, or to compel the sovereign to adopt such measures as they may think fit, then that assassination assumes a different complexion, and may be considered an overt act of one or both of those species of treason which I have mentioned. If, therefore, a conspiracy to take away the lives of his Majesty’s ministers should be proved, you will look to the object about to be obtained by that assassination, and also to the number and rank of the persons intended to be assassinated; for the crime increases not only with the number of the conspirators, but with the number of the persons intended to be assassinated.

“It is, indeed, difficult to conceive that persons could from private malice alone, and without having a public object in view, conspire together to assassinate a number of individuals of whom they could have no knowledge but from the public situations which they filled. But the difficulty of the supposition must not supply the place of evidence. We well know that all attempts to subvert the government of this country must, in the calm and sober eye of reason, appear wild and hopeless; but you will consider that the mad persons who indulge such views are led to diminish the difficulties and to magnify the success and the benefit attending their schemes. It is natural for the vicious to think that there are others as wicked as themselves, and that they shall gain numerous adherents if they succeed in their first attempt. It is this belief that often leads them to a premature disclosure of their purposes to those whom they think likely to participate in their guilt, and that thus furnishes evidence of their dangerous designs; but dark and deep designs are seldom developed but through those who have joined in them. The evidence of accomplices, however, is always to be received with caution, and the conviction arising from such evidence should rest on circumstances of credibility rather than on the personal characters of the witnesses themselves. If such testimony were on all occasions to be rejected, one of the greatest securities to the honest part of society would be annihilated--namely, the want of mutual confidence in those engaged in wicked schemes.

“The next subject which is likely to come under your observation is misprision of treason, which consists in the concealment of treason, when it is within the knowledge of the parties by whom it might be divulged, and whose duty it would be to go before the first magistrate, and make known the evil purposes which they know to be contemplated.

“The third subject to which your attention may be directed is the murder of Richard Smithers, and any other offence touching the death of that person, who lost his life on the occasion of the attempt made to arrest those persons now in custody. It will be material to take into your consideration the place, the time, and the circumstances, where, when, and under which, that attempt to arrest them was made.