Chapter IV: Part 4

“The caution required by law as to the conduct of officers of justice in apprehending persons charged with crimes applies only to a dwelling-house whereof the doors are not open, and that caution is confined to a dwelling-house alone. All other buildings or places of meeting may be lawfully opened and entered for the apprehension of persons charged with crimes against the law, without any previous notification made. And when those officers have declared the character in which they appear, the persons within are bound to yield themselves in the same manner as if they had been met in the fields, or in the open street; and if any of these officers be killed when the arrest would have been lawful, then the party by whom the death-wound is inflicted becomes guilty of the crime of murder. The arrest of persons under the authority of a warrant from the magistrates is a lawful arrest. So also is the arrest by peace-officers, without a warrant, of persons supposed or reasonably alleged to have committed felony. So also is an arrest by peace-officers, without a warrant, of persons actually engaged in any breach of the peace, or of persons assembled and arming, or otherwise preparing for the immediate perpetration of murder; because such an assembly and such a perpetration are in themselves criminal, and the arrest is actually necessary for the prevention of the accomplishment of a still more heinous design. I mention this, because the case likely to be submitted to you may fall within these observations. The persons required to surrender to the officers of the peace, though they may not be authorized to arrest them, are not warranted in assaulting those officers with deadly weapons, without warning them to stand off; and if they do, and death ensue, they all subject themselves to punishment for the crime of murder--at all events, they would be guilty of man-slaughter.

“In speaking of those guilty of murder, you will bear in mind that all who unite in resistance, and use words manifesting that determination, are equally guilty with him who inflicts the death-wound.

“Gentlemen, having said so much upon the third head of your inquiry, very little remains to be said of the fourth. This comprises all offences committed on the person of F. Fitzclarence, and the others maimed, contrary to the 43d of the late king, the title of which is set forth. You will therefore see that the jurisdiction does not extend to all offences committed against these persons, but only such as are contrary to the statute I have just mentioned to you. That statute is the fifty-eighth chapter of the 43d of his late majesty; and as no doubt it has been brought under the view of many of you, I need not enter fully into it. The provisions of this act are--‘That it is a capital felony for any person to shoot at, or wilfully to present and point loaded fire-arms at, and attempt, by drawing the trigger, to discharge the same at any of his majesty’s subjects, and also wilfully and maliciously to stab or cut, with intent to murder, rob, maim, or disfigure any of his subjects, or to do them any grievous bodily harm.’ There is an express provision in this statute which enacts, that these offences must be committed under such circumstances as that, if the attempt succeeded in depriving a fellow-creature of life, it would be murder. Now, if such an attempt be made in the open street, which probably is a case that may be brought before you, there can be no question of a malicious design to murder, or to do some grievous bodily harm. As, however, no case is likely to come before you falling within the excepting provision of the statute, I forbear to trouble you with any further observations, being well aware, that in this case, as well as in every other, the best security for the due discharge of the important trust reposed in you will be found in your own good sense, your own sound discretion, and your own general knowledge. If, however, in the progress of your investigation any unexpected difficulty shall arise, the Court will be found ready to give you such further advice as you may require.

“Having detained you thus long, with such observations as I have thought necessary, I now dismiss you to the discharge of that important duty for the execution of which you are assembled.”

At the conclusion of his Lordship’s address, the Jury retired to their room, and proceeded to examine witnesses upon the indictments which were preferred before them. The Judges continued sitting in Court for upwards of an hour, when the foreman and a few other members of the Grand Jury returned, and an arrangement was made that their Lordships should resume their seats at twelve o’clock, and that the Grand Jury were to assemble at ten o’clock.

On this occasion, the following witnesses were in attendance:--The Right Hon. Nicholas Vansittart, R. Baker, Esq., R. Birnie, Esq., Captain Fitzclarence; Monument and Adams (in custody); Ruthven, Ellis, Westcott, Lee, Brooks, Surman, Wright, Taunton, Bishop, and Gill (officers); Serjeant Legge, John Muddock, Jonathan Curtis, Joseph Basey, Joseph Rivell, and Joseph Edgar (soldiers); Joseph Hall, Thomas Droyer, Thomas Hiden, Joseph Harry Price, Emanuel Francis, James Pocock, James Munday, Richard Munday, George Paylock, Mary Rogers, Eleanor Walker, _&c._

Soon after twelve o’clock the Judges left the Court; and at half past twelve the Grand Jury, having then been a considerable time in deliberation, proceeded with the examination of witnesses.

Mr. BOUCHIER, one of the solicitors to the Treasury, was the first witness examined: he was only a few minutes before the Jury.

ROBERT ADAMS, the ex-Oxford Blue, and an accomplice of the conspirators, was next called. He was brought from the House of Correction, where he had been in confinement since the final examination of the conspirators before the Privy-Council, in the custody of Mr. Adkins, the Governor, and the principal turnkey. He was three hours under examination. He appeared perfectly cool and collected when he came from the Grand Jury Room. After his examination he was taken back in custody to the Cold-Bath-fields Prison.

The Right Hon. NICHOLAS VANSITTART, Chancellor of the Exchequer, was the third witness. The Right Hon. gentleman, together with CAPTAIN FITZCLARENCE, and other witnesses of the superior order, was accommodated with a private room, while waiting the summons of the Grand Jury. He was not more than ten minutes under examination.

JOSEPH BAKER, servant to the Earl of Harrowby, and fourteen other witnesses, were then examined in succession. Amongst them was

JOHN MONUMENT, one of the eight committed to the Tower on the charge of high treason. He was brought from the Tower in the custody of two Yeomen of the Guard, and several officers, and was kept in a private room, attended only by the Yeomen, with their swords drawn, during the day. He seemed very uneasy, and continued pacing the room about the whole time that he remained there. He appeared pale and dejected, and by no means a willing witness. After his examination, which lasted nearly an hour, he was conducted back to the Tower in the same custody.

There were several women among the persons examined. They were of respectable appearance. Two boys were also called.

Captain Fitzclarence was the last witness called, and at six o’clock the Grand Jury adjourned until nine o’clock on the following morning.

Tuesday the 28th of March, the court again met, pursuant to adjournment, and soon after twelve o’clock, the Chief-Justices of the King’s Bench and the Common Pleas, and the Attorney and Solicitor Generals, took their respective seats.

At half-past two o’clock, the Grand Jury, having gone through the examination of the whole of the witnesses, entered with true bills for high treason against Arthur Thistlewood, William Davidson, James Ings, J. T. Brunt, Richard Tidd, J. W. Wilson, John Harrison, Richard Bradburn, James Shaw Strange, James Gilchrist, and Richard Charles Cooper.

The bills for high treason against Abel Hall and Robert George, were ignored.

The Lord Chief Justice then expressed to the Attorney-General his wish that the persons against whom true bills had been found might have intimation, without the trouble of coming into court, that their attorneys and counsel would have ready access to them. The Attorney-General promised that every facility should be given to the communication with their legal advisers.

On the following day the court assembled a third time to inquire into the murder of Smithers, and divers acts of felony alleged to have been committed by the prisoners; accordingly at twelve o’clock the Lord Chief Justice of the King’s Bench took his seat in Court. The Solicitor-General attended for the Crown.

The Grand Jury immediately entered, and delivered several bills to the clerk, who read as follows:--

True bills for murder against Arthur Thistlewood, John Thomas Brunt, Richard Tidd, James William Wilson, John Harrison and James Shaw Strange.

No bills for murder against William Davidson, James Ings, Richard Bradburn, James Gilchrist, Abel Hall, and Richard Charles Cooper.

True bills for felony against James Ings, Richard Tidd, James William Wilson, and Arthur Thistlewood.

The Foreman stated, that there was no other bill before them.

The Solicitor-General said, that it was not intended to prefer any more bills at present.

The Court was then adjourned by direction of the Lord-Chief Justice till the 13th day of April then next ensuing, at half-past 9 in the morning.

A material omission occurred in the bills of indictment preferred before this Grand Jury, assembled under the Special Commissions, with regard to _Davidson_, the man of colour, who, on the night of the capture of the conspirators, was standing sentry at the entrance to the place of meeting, armed with a carbine, and sword of immense length, and in resisting the attempt of the officers to take him into custody, discharged his carbine at one of them. In preferring the bills against the prisoners for the several offences with which they were charged, this circumstance was overlooked, and it was not recollected, till Wednesday the 19th of April. An order was consequently given on that evening by Mr. Maule, the solicitor to the Treasury, to Ruthven, Ellis, Gill (the man shot at), and other witnesses, to attend before the Middlesex Grand Jury, at Clerkenwell, on the following day, and to take with them the arms taken from Davidson. They attended accordingly, the bill of indictment was preferred, and a true bill found against William Davidson, for feloniously shooting at Gill, with intent to kill, &c. Only three witnesses were called. The bill was preferred before the Grand Jury summoned to dispose of the ordinary Sessions business, and not that which had assembled under the Special Commission.

On Monday the 3d of April, copies of the indictments, with lists of the jurors and of the witnesses to be produced on the trial, were delivered to each of the prisoners in their respective places of confinement.

The LIST of the JURORS contained the names of 227 freeholders of the county of Middlesex, resident in the different parishes, many of them at a considerable distance from the metropolis.

The INDICTMENT contained four counts, on each of which certain overt acts were charged, manifesting and proving the acts of treason set forth. The following is an abstract of the Indictment.

_The King against Arthur Thistlewood, William Davidson, James
Ings, John Thomas Brunt, Richard Tidd, James William Wilson, John
Harrison, Richard Bradburn, John Shaw Strange, James Gilchrist,
and Charles Cooper._

FIRST COUNT.

That they did compass, imagine, invent, devise, and intend to deprive and depose our said Lord the King of and from the style, honour, and kingly name of the imperial crown of this realm.

_First overt act._--That they did assemble, meet, conspire, and
consult to devise, arrange, and mature plans and means to subvert
and destroy the constitution and government of this realm, as by
law established.

_Second overt act._--That they did conspire to stir up, raise,
make, and levy insurrection, rebellion, and war against our said
Lord the King within this realm, and to subvert and destroy the
constitution and government of this realm, as by law established.

_Third overt act._--That they did conspire to assassinate, kill,
and murder divers of the Privy-Council of our said Lord the King,
employed in the administration.

_Fourth overt act._--That they did procure, provide, and have
divers large quantities of arms, in order to assassinate divers of
the Privy-Council.

_Fifth overt act._--That they did procure, provide, and have arms,
with intent therewith to arm themselves and other false traitors,
in order to raise, make, and levy insurrection, rebellion, and war.

_Sixth overt act._--That they did conspire, consult and agree to
seize and take possession of divers cannon, with intent to arm
themselves and other false traitors, in order to make war against
the King, and destroy the constitution.

_Seventh overt act._--That they did conspire to set fire to,
burn and destroy divers houses and buildings in and in the
neighbourhood of London, and divers barracks, and to provide
combustibles and materials for the purpose.

_Eighth overt act._--That they did compose and prepare, and
cause and procure to be composed and prepared, divers addresses,
proclamations, declarations, and writings, containing therein
solicitations, and incitements to the liege subjects of our
said Lord the King, to aid and assist in making and levying
insurrection, rebellion, and war, against our said Lord the
King, within this realm, and in subverting and destroying the
constitution and government of this realm, as by law established.

_Ninth overt act._--That they did compose and prepare, and cause
and procure to be composed and prepared, a certain paper writing,
purporting to be an address to the liege subjects of our said Lord
the King, containing therein that their tyrants were destroyed,
and that the friends of liberty were called upon to come forward,
as the provisional government was then sitting, with intent to
publish the same, and thereby to solicit and excite the liege
subjects of our said Lord the King to aid and assist in making and
levying insurrection, rebellion, and war against the King, and in
subverting and destroying the constitution and government.

_Tenth overt act._--That they did assemble themselves, with
arms, with intent to assassinate, kill, and murder divers of
the Privy-Council, and to raise, make, and levy insurrection,
rebellion, and war against our said Lord the King, and to subvert
and destroy the constitution and government of this realm.

_Eleventh overt act._--That they, armed and arrayed in a warlike
manner, did ordain, prepare, levy and make public war against the
King.

SECOND COUNT.

That they did compass, imagine, and intend to move and excite insurrection, rebellion, and war against the King, within this realm, and to subvert and alter the legislature, rule, and government, and to bring and put the King to death.

_First overt act._--Same as in the first count, with the addition
of “and to deprive and depose our said Lord the King of and from
the style, honour, and kingly name of the imperial crown of this
realm.”

_Second, third, fourth, fifth, sixth, seventh, eighth, ninth,
tenth, and eleventh overt acts_, same as in the first count.

THIRD COUNT.

That they did compass, imagine, and invent to move, and intend to levy war against the King, in order by force and constraint to compel him to change his measures and councils.

_First overt act._--That they did assemble, meet, conspire and
consult to devise, arrange, and mature plans and means, by force
and constraint, to compel the King to change his measures and
councils.

_Second overt act._--Same as in the first count only leaving out
the conclusion, “and to subvert,” &c.

_Third and Fourth overt acts._--Same as in the first count.

_Fifth and Sixth overt acts._--Same as in the first count,
omitting as before, “and to subvert,” &c.

_Seventh overt act._--Same as in the first count.

_Eighth, Ninth, and Tenth overt acts._--Same as in the eighth,
tenth, and eleventh overt acts in the first count, omitting at the
end of the eighth and ninth as before, “and to subvert,” &c.

FOURTH COUNT.

That they did levy and make war against the King, and endeavour by force and arms, to subvert and destroy the constitution and government of this realm, and to deprive and depose the King of the crown.

The following is the LIST OF WITNESSES, containing 162 names, and amongst them some of the most distinguished Members of Administration, the Police Magistrates and Officers, the Soldiers employed in the arrest, many women, boys, &c.

Adams, Robert, cordwainer, an accomplice, in custody Alderson, Leonard, Antelope-gardens, Holywell-mount, cordwainer Aldous, James, Berwick-street, pawnbroker Avis, George, Bow-street patrol Adkins, William, governor of the House of Correction, Coldbath fields Bathurst, Right Honourable Charles Baker, John, servant to the Earl of Harrowby Baker, Robert, Esq. Justice of the Peace, Bow-street Baker, Gabriel, yeoman, warder of the Tower Baldwin, William H. shopman to Mr. Colnaghi, printseller, Cockspur-street Barrow, William, chair-maker. Basey, James, soldier, 2d regiment coldstream guards Bishop, Daniel, officer, Bow-street Bissex, Charles, watchman Birnie, Richard, Esq., Bow-street office Brind, Joseph, servant to J. Saunders, St. John-street, Clerkenwell Brooks, William Charles, Bow-street patrol Bourchier, Charles, Esq., assistant solicitor, Treasury Bulmer, John, warder of the Tower Bubb, Thomas, watchman Bamford, John, captain and adjutant of the London and Westminster Light Horse Volunteers Buller, James, Esq., one of the clerks of his Majesty’s most honourable Privy-Council Brand, George, turnkey of the House of Correction Brand, Henry, ditto Castlereagh, Viscount Carr, Thomas, cordwainer Carter, Robert, yeoman, warder of the Tower Caylock, George, Cato-street, blacksmith Champion, Joseph, Bow-street patrol Chapman, Robert, ditto Chetwynd, Richard, Viscount, one of the Clerks of his Majesty’s most honourable Privy-Council Claddis, Stephen, yeoman, warder of the Tower Clark, John, ditto Clark, William, ditto Clark, Thomas, Great York-mews, Portman-square, tailor Cooper, William, warder of the tower Curtis, Jonathan, soldier, 2d coldstream guards Cygrove, John, ditto Davy, John, Parker-street, Drury-lane, wheelwright Davies, Jeremiah, warder of the Tower Davies, H. servant to the Earl of Ailesbury, Grosvenor-square Davison, Thomas, printer, Duke-street, West Smithfield Denne, George, yeoman, warder of the Tower Devisme, Gerard, Esq., Bryanstone-street, merchant Dobson, Jonathan, Silver-street, Clerkenwell, dealer in old iron Dobson, Esther, wife of the above Dwyer, Thomas, Gee’s-court, Oxford-street, bricklayer East, James, warder of the Tower East, Richard, ditto East, Robert, White-street, Moorfields, letter-caster Edwards, George, Ranelagh-place, modeller Edgar, James, soldier, 2d coldstream guards Ellis, James, Bow-street patrol Farrell, Thomas, Duke-street, Lincoln’s-inn-fields, green grocer Fitzclarence, Frederick, ensign, 2d coldstream guards Flanagan, Patrick, St. Giles’s, watchman Fletcher, William, warder of the Tower Ford, William, Mount-street, Lambeth, cordwainer Francis, Emanuel, Southampton-mews, Marylebone, labourer Fryer, William, warder of the Tower Gill, Benjamin George, Bow-street patrol Gillan, Henry, servant to Mr. Whittle, apothecary, Mount-street, Grosvenor-square Gould, Mary, Adam’s-mews, Grosvenor-square, wife of George Gould, victualler Gould, Elizabeth, Stanhope-st. wife of Robert Gould, victualler. Gibbs, William, Bow-street patrol Harrowby, Dudley, Earl of, Lord President of his Majesty’s most honourable Privy-Council Hale, Joseph, apprentice to John Thomas Brunt, boot-closer Hanson, Edward, sergeant of artillery, Tower Harknett, John, Clement’s-inn, labourer Harrell, James, Lamb’s Chapel-court, Monkwell-st., cordwainer Hatton, Thomas, warder of the Tower Hayward, Joseph, Long-alley, Moorfields, cordwainer Hiden, Thomas, Manchester-mews, milkman Hoare, Mary, Great Wild-street, spinster Hobbs, John, White Hart-yard, Brook’s-market, victualler Hobhouse, Henry, Esq., one of his Majesty’s Under Secretaries of State Howard, George, Fox-court, Grays-inn-lane, cordwainer Humphrey, William, warder of the Tower Humphreys, Samuel, Radnor-street, St. Luke’s, iron-founder Inglis, James, soldier, 2d regiment coldstream guards Jennings, Thomas, New Compton-street, carver and gilder Isaacs, Jane, Cato-street, spinster Keyes, Thomas, Frith-street, Soho, victualler Keyes, Thomas, the elder, gent., same place Knowles, Walter, warder of the Tower Lane, John, gent., gaoler of the Tower Lavender, Stephen, officer, Bow-street Lee, William, patrol, Bow-street Leeson, John, warder of the Tower Legg, William, serjeant 2d regiment coldstream guards Litchfield Elijah, Clerk of the office of solicitor of the treasury Lawson, Edward, Brown’s-lane, Spitalfields, currier Lott, James, sergeant 2d regiment coldstream guards Main, Thomas, warder of the Tower M’Carthy, Anne, Gray’s-buildings, Manchester-square, wife of James M’Carthy, labourer Mansfield, John, servant, to ensign Fitzclarence Maule, George, Esq. solicitor to the treasury Miles, Thomas, warder of the Tower Moay, Giles, Franklin, Marylebone, watchman Monument, Thomas, Garden-court, Gray’s-inn-lane, cordwainer Monument, John, an accomplice, prisoner in the Tower Morris, Thomas, warder of the Tower Muddock, John, soldier in the 2d regiment coldstream guards Munday, Richard, Cato-street, labourer Munday, James, same place, labourer, son of the above Maidment, Jeremiah, constable, Bow-street Morison, John Hector, Drury-lane, cutler Morris, Stephen, turnkey, House of Correction Nixon, Luke, patrol, Bow-street Palmerston, Henry John, Viscount, secretary at war Pargiter, Henry, messenger to the solicitor to the treasury Pocock, J. Tunbridge-row, Lord’s Cricket-ground, whitesmith Poulson, Jonathan, servant to the Lord Archbishop of York Powell, John, warder of the Tower Pratt, Edward, Fox-place, Lord’s Cricket-ground, smith Price, J. H. Kendal’s-mews, Blandford-street, brassworker Privatt, Mary, Vine-yard, Southwark, char-woman Phillips, Henry, Pleasant-row, Lord’s Cricket-ground, labourer Raven, Henry Baldwin, clerk to the solicitor to the treasury Read, William, officer, Hatton-garden Revell, James, soldier, 2d regiment coldstream guards Ridsdale, William, waiter, Peele’s coffee-house Rochfort, George, Little Park-lane, Regent’s-park, watchman Rogers, Mary, Fox-court, Gray’s-inn-lane, chandler’s-shop keeper Rogers, George, warder of the Tower Ruthven, George Thomas Joseph, officer, Bow-street Sallibanks, William, Holly-row, Lord’s Cricket-ground, carpenter Salmon, William Joseph, Seymour-place, Marylebone, tailor Salmon, William, officer, Bow-street Saxelby, warder of the Tower Sheppard, Robert, ditto Shephard, Sarah, Great Wild-street, victualler Simpson, Edward, corporal-major, 2d regiment life-guards Smart, Thomas, Wood-street, Westminster, watchmaker Smith, Augustus, Swan and Horse-shoe public house, Little Britain, plumber and glazier Spooner, Ralph, servant to Armstrong and Co. Leather-lane Stafford, John, chief clerk, Bow-street Strickland, James, corporal 2d regiment coldstream guards Surman, John, patrol, Bow-street Sutch, William, John-street, Grosvenor-mews, cordwainer Smith, John Clark, John-street, West, Edgware-road, victualler Taunton, Samuel H., officer, Bow-street Taylor, Sarah, Warwick-street, Golden-square, printseller Thompson, Abraham, warder of the Tower Tomlin, William, Gray’s-inn-lane, victualler Townshend, John, patrol, Bow-street Vansittart, Nicholas, (the Right Hon.) chancellor and under-treasurer of his Majesty’s exchequer Valentine, Benjamin, William, officer, Marlborough-street Underwood, William, warder of the Tower Wales, John, officer, Marlborough-street Walker, James, Gun-street, Old Artillery-ground, coffee-house keeper Walker, Eleanor, spinster, servant to Henry Rogers, Fox-court, Gray’s Inn-lane Weeden, James, Edgeware-road, oil and colour-man Welford, John, South-street, Park-lane, clerk to James Denew, auctioneer and appraiser Westcott, William, patrol, Bow-street Wood, Robert, Elliot’s-row, Lord’s Cricket-ground, tinman Woodward, John, High-street, Islington, cordwainer Wright, John, patrol, Bow-street Wheeler, Henry, turnkey, House of Correction Weston, Elizabeth, Cato-street, wife of Edward Weston, plumber and glazier.

In addition to the copy of the indictment, and lists of jurors and witnesses, the prisoners received each of them the following notice from the Solicitor to the Treasury:--

“The King _v._ Arthur Thistlewood, Wm. Davidson, James Ings,
John Thomas Brunt, Richard Tidd, Jas. Wm. Wilson, John Harrison,
Richard Bradburn, John Shaw Strange, James Gilchrist, and Charles
Cooper, for high treason.

“You are hereby required to produce, upon the trial of this
indictment, certain paper writings, written or prepared, or caused
to be written or prepared by you, or some or one of you, on or
about the 23d day of February last, each of these purporting to
be an address to the people of this kingdom, stating therein that
their tyrants were destroyed, and that the friends of liberty were
called on to come forward, as the provisional government was then
sitting, or to the like purport or effect; and also a certain
other writing, written or prepared, or caused to be written or
prepared by you, or some or one of you, purporting to be an
address to the soldiers, soliciting them to join the friends of
liberty, and that they should have their discharge, * * * * * and
full pay for life, and twenty pounds to take them to their homes,
or to the like purport or effect; and also all other addresses and
proclamations whatsoever, written or prepared, or caused to be
written or prepared, by you, or any of you, between the 1st day of
January, and the 24th day of February last.

“Dated this 8th day of March, 1820.

“GEO. MAULE, Solicitor for the Prosecution.

“To the above-named Arthur Thistlewood, &c., and to each and every
of them.”

The reason for the service of the above notice was as follows: It was supposed that the accomplices who had become king’s evidence, would, in their examination as witnesses, state, that such an address as that referred to in the notice was prepared and in the possession of some of the defendants; and as the prosecutors would not, according to the rules of evidence, be allowed to give verbal testimony of the contents of the address without previously giving notice to the defendants to produce the original, the Crown Solicitor served them all with notice.

On the 13th of April, Mr. Sheriff Rothwell received a summons from the office of the Secretary of State for the Home Department, requiring his presence at Whitehall, to make the necessary arrangements for the removal of the state prisoners in the Tower to Newgate. The Sheriff, accompanied by Mr. Under-Sheriff Turner, immediately proceeded to the Home-office, where they were introduced to Lord Sidmouth.

The mode of conveying the prisoners having been decided upon, Lord Sidmouth delivered to Sheriff Rothwell a writ, empowering him to receive into his custody, from the Warder of the Tower of London, the bodies of _Arthur Thistlewood_, _William Davidson_, _James Ings_, _John Thomas Brunt_, _Richard Tidd_, _James William Wilson_, and _John Harrison_, charged with high treason. His Lordship at the same time intimated that a military force would be in attendance, to guard the prisoners to their place of destination.

In consequence of the plan adopted, on the morning of the 14th, as early as half-past six o’clock, Mr. Sheriff Rothwell, Mr. Under-Sheriff Turner, Mr. Under-Sheriff Pullen, Mr. Brown (gaoler of Newgate,) Mr. Wontner, (the Chief City Marshal,) and Mr. Brown, (the Deputy Marshal,) arrived at the Tower, and were immediately introduced to the resident Governor, Major J. H. Elrington, who had been apprized of their coming, and had given directions to the Warders to have their prisoners in readiness. A numerous detachment of the Life Guards soon afterwards arrived at the fortress, and these were followed by a strong party of Bow-street officers, in seven carriages, which were engaged for the occasion.

At seven o’clock, every thing being in readiness, directions were given to the Warders to bring forth their prisoners. The prisoners were then conducted separately from their respective places of confinement, between two Warders, into the Court-yard, where they were delivered to the officers in waiting, by whom they were handcuffed. While the handcuffs were being placed on Thistlewood he was greatly agitated, and trembled exceedingly.

Their names were called over from the writ, and Mr. Brown, the gaoler of Newgate, was thus enabled to recognize their persons. They were all perfectly silent until about to depart, when they expressed their thanks to the Warder for the humane attention which they had received.

The whole being now assembled, they were marched, each between two Bow-street officers, to the Fosse-gate, beyond which the carriages had been drawn up. Thistlewood was placed in the first carriage, and was joined by three police officers. The remaining prisoners were each placed in a separate carriage, and each attended by three Bow-street officers. They were accompanied by a troop of Life Guards, and proceeded in a direct course to Newgate prison.

The carriages were flanked on each side by Horse Guards in single file. Notwithstanding the early hour of the morning, and the secrecy with which the removal was so prudently conducted, as the carriages issued from the Tower gates, an immense throng had assembled to witness their departure.

In the gaol of Newgate, the Marshal’s men, and a large body of constables, were assembled at seven o’clock, for the purpose of preserving order; and when, at twenty minutes before eight, it was announced that the prisoners were approaching, they sallied forth and formed a half-moon in front of the felons’ door. In a few seconds afterwards, the Horse Guards turned the corner of the Old Bailey, and rode up to the prison.

Mr. Sheriff Rothwell, and the Under-Sheriff, drove up to the private door of Mr. Brown’s house, and obtained admission to the gaol by that means. The prisoners alighted at the felons’ door, and were received by the chief turnkey. Thistlewood as he went up the steps, appeared greatly dejected; as did Ings, Tidd, and Brunt. Davidson, Harrison, and Wilson, seemed to maintain their confidence.

The prisoners were ultimately conducted to the cells which had been previously prepared for their reception; and the whole being thus safely delivered to the proper authorities, the Horse Guards rode off to their quarters.

Thistlewood was placed in a small but comfortable cell by himself, having a fire and other accommodations. In the day-time an officer was constantly present with him; and at night two were kept on guard.

The other six prisoners brought from the Tower were placed altogether, and had the accommodation of a large yard on the north side of the prison, in which they were allowed to take the air. With them also one officer in the day-time, and two at night, were always present.

At three o’clock in the afternoon the four prisoners confined in the House of Correction, likewise arrived at Newgate, without any military escort. They were brought in two carriages, accompanied by five or six police-officers. These four prisoners were placed in a separate cell apart from those who had been brought from the Tower.

With respect to the prisoners arrived from the House of Correction, the same precautions were taken, and one guard in the day, and two at night, were appointed to be constantly present with them.

In order to prevent any disturbance of a serious nature taking place, a further precaution had been taken. A detachment of the London Militia arrived in the course of the afternoon at Newgate, and continued there until the whole of the trials were concluded.

A committee was formed among the friends and partizans of the prisoners, for the purpose of raising subscriptions to support the wives and families of the unfortunate men, who, it will be recollected, were all of the lowest and most abject class of society, during their imprisonment, and for employing a solicitor, retaining counsel, and arranging other matters for their defence on the approaching trial.

The following hand-bill, containing a forcible appeal to the feelings of the public, was put forth by the families of the misguided men, under the direction of the committee for the management of their defence. How far the assertions so confidently expressed in this paper were borne out by the evidence given on the trial, on which we are now about to enter, we leave our readers to determine.

AN APPEAL TO THE BRITISH NATION.

“The WIVES and FAMILIES of the _unfortunate persons_ now
imprisoned for an _alleged conspiracy_ against the present
government, venture to intrude their helpless and unprotected
situation on the immediate attention of their countrymen, and to
offer this imperfect, but they trust not unsuccessful, appeal.

“Into the truth or falsehood of the charges, by virtue of which
their husbands and parents are suffering under the double weight
of public obloquy and rigorous confinement, they do not now
presume to enter; they merely put in their claims in behalf of
their unhappy relatives, that they may not be deprived of the
benefits common to every Briton, _viz._, that of being at least
not condemned until _legally_ proved guilty, nor excluded from all
possibility of a fair and unbiassed trial, _before a jury of their
peers_.

“They beg to remind their countrymen that, hitherto, the
unfortunate accused have had no opportunity of proving their
innocence, or offering any thing in their own defence; that
all is _ex-parte_ statement, consisting of the testimony of
_Bow-street Officers_, and the exaggerated reports contained in
the public Journals, the former of which in many instances have
been _interested parties_, and have even been _proved_ to have
instigated to the commission of crime, that they might afterwards
_betray the delinquents, and obtain the promised reward_; and the
latter are notoriously guilty of loading their daily columns with
the most scandalous falsehoods and misrepresentations.

“Under these impressions, they trust that a generous and humane
Public will suspend their judgment, until the whole of this
unhappy business has undergone the solemn and final adjudication
of a Legal Tribunal, when the guilt or innocence of the respective
parties may be rendered manifest to the world at large. Of this
they are naturally the more solicitous, because it will be
recollected, that when upon a former occasion, some of the persons
who now stand charged with the crime of High Treason, were accused
and tried for a similar offence, it was found, after a patient and
impartial investigation, to the perfect satisfaction both of the
Jury and the British Public, that the alleged Conspiracy was (as
they verily believe the present will also be proved,) nothing more
than the artful invention of _hired Spies_ and _secret Agents_,
who endeavoured to instigate to the perpetration of crime, that
they themselves might reap an ample harvest from the blood of
their deluded victims, and recommend themselves to their employers.

“Waiving for the present, however, all further discussion upon
this painful and distressing subject, it is earnestly hoped that
whatever opinion or prejudice may be entertained respecting the
guilt or innocence of the accused, a generous Public will not
confound the innocent with the guilty, or suffer the defenceless
and unprotected Women and Children, who have no share or concern
in these melancholy transactions, to perish for want of timely
relief, while their Husbands and Parents are lingering in solitary
confinement, unable to stretch forth a helping hand to save them
from impending ruin: they are at this moment actually destitute of
the means of subsistence, and dying for want of food.

“It is hoped that this imperfect but faithful statement of their
real situation and circumstances, will induce the benevolent to
step forward and contribute their liberal aid, to rescue those
distressed objects from famine and despair.

“Subscriptions will be received by the Printer, 10, Duke Street,
Smithfield; Mr. Griffin, 10, Middle Row, Holborn, (opposite
Gray’s-Inn Lane:) Mr. Walker, Gun Street, Spitalfields; and by the
Relatives of the accused Persons The smallest Donations will be
thankfully acknowledged.

_Mary Brunt_, for herself and one child.
_Mary Tidd_, and eight children.
_Amelia Bradburn_, and eight children.
_Mary Strange_, and two children.
_Charlotte Preston_, and three sisters.
_Susan Thistlewood_, one child.
_Sarah Davidson_, and six children.
_Caroline Harrison_, and three children.”

Mr. HARMER was employed by the Committee for all the prisoners, except Bradburn, having been previously employed for Bradburn by that man’s relations and friends.

Mr. ADOLPHUS and Mr. CURWOOD, were retained as counsel for Thistlewood, Brunt, Davidson, Ings, and Tidd; and Mr. WALFORD and Mr. BRODERICK, for the remainder of the prisoners.

It may be proper here to state, that during the whole time the prisoners were in custody, on the awful charges which we have so minutely detailed, the greatest attention possible was paid to their personal comfort and convenience, consistent with their safe custody; and indeed the unhappy men themselves felt and acknowledged the humane attention with which they had uniformly been treated.

FOOTNOTE:

[1] See Newgate Calendar, Vol. IV.

TRIALS

FOR

HIGH TREASON.

SESSIONS HOUSE, OLD BAILEY, SATURDAY, APRIL 15, 1820.

This being the day to which the Court had been adjourned for arraigning and receiving the pleas of the eleven prisoners, against whom Bills of Indictment for High Treason had been found, the proceedings commenced. At ten o’clock precisely, the Commissioners entered the Court, preceded by Mr. Sheriff Rothwell; they were, the Lord Chief-Justice Abbott, the Lord Chief-Justice Dallas, the Chief Baron Richards, and Mr. Justice Richardson. The Common Sergeant, who is also in the commission, was likewise present; and Sir William Leighton, Sir R. Carr Glynn, Mr. Alderman Christopher Smith, &c.

The _Lord Chief-Justice Abbott_, after the Commissioners were all seated, rose, and presented to Mr. Shelton the indictments which had been found under the Special Commission, for the purpose of having them tried under the General Session of Oyer and Terminer, and Gaol Delivery, then holden in that Court.

Mr. _Shelton_, on receiving them, immediately gave directions to Mr. Brown, the gaoler, to bring up his prisoners.

The prisoners were then brought into court, each man accompanied by a constable, and placed at the back part of the dock.

Arthur Thistlewood entered first; he looked pale and dejected. He was dressed in a black coat and velvet collar, light-coloured waistcoat, blue trowsers, and shoes. None of the prisoners were either handcuffed or bolted. The other men were decently clad, according to their means, and appeared cleanly and healthful. The whole being assembled,

Mr. _Clarke_, the deputy clerk of the arraigns, proceeded to call over their names from the back of the bill found for high treason, preparatory to

THE ARRAIGNMENT.

_Arthur Thistlewood_ first came forward, and was desired to hold up his hand. Having complied with this direction, he was placed at the bar. William Davidson (the man of colour), James Ings, John Thomas Brunt, and Richard Tidd, were then called, and went through the same ceremony.

Upon coming to the name of James William Wilson, Wilson, who remained with the other prisoners, did not answer. The name was twice repeated, but still he took no notice. One of the turnkeys then addressed him personally, and said, “Come forward, Wilson,” to which he replied, “That is not my name.”

Mr. CURWOOD now stated to the Court, that he was Counsel for some of the prisoners, and that it was intended to put in a plea of misnomer as to this man.

The _Lord Chief Justice_.--That must be done when the indictment is read, and when the prisoner is called on to plead.

The remaining prisoners, John Harrison, Richard Bradburn, and John Shaw Strange, James Gilchrist, and Charles Cooper, were then called, and severally came to the bar, and held up their hands.

The _Lord Chief Justice Abbott_.--“Prisoners, attend while the indictment is read;” and then, addressing himself to Mr. Clarke, “Let their names be called over again.”

Their names were accordingly called over; and Mr. Clarke proceeded to read the indictment for high treason, for which see page 90.

On coming to the second count,

Mr. _Curwood_ submitted, that as the overt acts in this count were similar to those in the first count, it was scarcely necessary to give the officer of the court the trouble of reading, or the court the fatigue of listening to it.

The _Lord Chief Justice Abbott_.--You think it may be dispensed with: very well, This may the more readily be acquiesced in, as all the prisoners have been furnished with copies of the indictment. Unless the prisoners themselves desire it, therefore, this count need not be read. His Lordship then addressed himself to the prisoners, and asked them whether they wished any more of this count to be read? He added, that their counsel thought it unnecessary.

_Ings._--I do not think it is necessary.

The other prisoners all acquiesced in this determination.

The succeeding counts were then read, when Mr. _Clarke_ addressed himself to Arthur Thistlewood, and asked him, whether he was guilty or not guilty of the treasons and felonies whereof he stood charged?

_Thistlewood._--Not guilty.

Mr. _Clarke_.--How will you be tried?

_Thistlewood._--By God and my country.

The same question, which is the usual form in arraignments, was then put to Davidson, who also pleaded Not Guilty, and agreed to be tried in the same way.

_Ings_, in a firm tone of voice, said, “I am not guilty. I will be tried by God and by the laws of reason. The laws of reason are the laws of God.”

The _Lord Chief Justice_.--Instruct him to plead in the usual way.

Mr. Brown having spoken to the prisoner, he agreed to the ordinary terms of the plea, and said he would be tried by God and his country.

John Thomas Brunt and Richard Tidd followed the example of Thistlewood and Davidson.

Mr. Clarke next called the name of “James William Wilson.”

Wilson came forward, and repeated his declaration, that that was not his name.

The _Lord Chief Justice Abbott_.--What is your name?

_Wilson._--My name is James Wilson.

Mr. CURWOOD.--We mean to plead in abatement that this man has been indicted by a wrong name.

The _Lord Chief Justice Abbott_.--Is your plea prepared?

Mr. CURWOOD.--Yes, my Lord.

The _Lord Chief Justice Abbott._--Let it be sworn.

The plea was then handed to Wilson, and he was sworn, in the customary form, to answer all such questions as the Court should demand of him.

The _Lord Chief Justice_.--Have you read the contents of that plea, and the form of affidavit subjoined; and is it true in matter and in substance?

_Wilson._--I have, my Lord; I have signed it; it is true.

The _Lord Chief Justice_.--You swear the contents of your affidavit are true?

_Wilson._--Yes.

The _Lord Chief Justice_.--Let the plea be received.

The plea was handed accordingly to Mr. Shelton.

The _Lord Chief Justice_.--The plea is received by the Court. It is for the Attorney General to consider what he proposes to do with it. For the present, take that man back.

The prisoner stood back. Harrison, Bradburn, Strange, Gilchrist, and Cooper, then pleaded Not Guilty, and pursued the course adopted by the other prisoners.

Thistlewood, Brunt, Tidd, Wilson, Harrison, and Strange, were then arraigned on a second indictment, charging them, in various counts, with the wilful murder of Richard Smithers, in the parish of Marylebone, in the county of Middlesex, on the 23d of February last.

They all pleaded Not Guilty, with the exception of Wilson, who again pleaded the misnomer, and a plea was ordered to be prepared accordingly.

Ings now attracted the attention of the Court, and said, “I wish to speak, if I am permitted. I wish to know whether we are going to be tried altogether or separately? My wish is to be tried separately. I think I shall be able to prove that I am innocent of the charges alleged against me.”

The _Lord Chief Justice_.--It is probable your request may be attended to; but this is not the proper time for making it. We will hear that presently.

The whole of the eleven prisoners were next arraigned on a third indictment, which was founded on the coroner’s inquisition, by which they were all, together with certain other persons to the jurors unknown, pronounced guilty of the wilful murder of Richard Smithers. In this indictment the name of Wilson was correctly set forth: he, therefore, together with the other prisoners, pleaded Not Guilty.

Arthur Thistlewood was then arraigned separately on an indictment, charging him with shooting at, with intent to kill, or do some grievous bodily harm to, William Westcott, one of the Bow-street patrol engaged in arresting the conspirators in Cato-street. He pleaded Not Guilty, as did

James Ings and Richard Tidd to similar indictments preferred against the latter, for shooting at, with intent to kill, William Legg, serjeant in the Coldstream Guards; and the former for shooting at William Charles Brooks, one of the Bow-street patrol.

To each of these indictments a count was added, alleging the intent to be to obstruct certain officers of the peace in apprehending them while in the pursuit of illegal objects, and conspiring to murder and assassinate certain liege subjects of our Lord the King.

James Wilson was put to the bar to plead to an indictment against him for shooting at John Muddock, one of the soldiers engaged in Cato-street; but, being again described as James William Wilson, he pleaded his misnomer once more, and a plea was ordered to be prepared accordingly.

The whole of the indictments having been gone through,

The _Attorney-General_ addressed the Commissioners, and said, that as he understood it was the wish of the prisoners to separate their challenges, he begged that the prisoners might be apprized that Arthur Thistlewood would be tried alone upon the indictment for high-treason on Monday morning.

The _Lord Chief Justice_ desired that the prisoners might be asked, whether it was their wish to challenge separately?

The prisoners all expressed their wish to that effect.

Mr. _Shelton_ then addressed Thistlewood, and informed him that he would be put upon his trial for high-treason on Monday morning, at nine o’clock.

The prisoners were then all taken from the bar, with the exception of Wilson, who remained to make affidavits to the pleas which he had tendered.

The _Attorney General_ then adverted to the necessity of assigning Council to the prisoners under the terms of the statute.

The _Lord Chief Justice_ desired that the names of the Council selected by the prisoners might be stated to the Court.

Mr. _Harmer_ immediately announced, that Mr. ADOLPHUS and Mr. CURWOOD were to be the Counsel for the first six prisoners, including Arthur Thistlewood; and that Mr. WALFORD and Mr. BRODERICK would conduct the defence of the remaining five.

The _Lord Chief Justice_ directed that the Council named should be assigned accordingly.

The additional pleas of Wilson were then brought into court by Mr. Harmer, and the prisoner was sworn to their contents.

The _Lord Chief Justice_.--Let the pleas be received. His Lordship subsequently announced, that the Attorney-General had filed his replication to the pleas in question.

_Wivell Del^t._ _Cooper Sculp._

Robert Adams.]

Wilson was then taken back to Newgate, and the whole of the prisoners were re-conducted to their respective places of confinement. Thistlewood shook hands most cordially with some of his companions, whom he had not previously seen since his commitment.

TRIAL OF ARTHUR THISTLEWOOD,

FIRST DAY, APRIL 17, 1820.

The interest excited by this trial was strongly manifested by the assemblage of a crowd in front of the Sessions-house, as early as seven o’clock. Previous to this time a numerous body of the civil force had arrived, and were stationed in such situations as to control the multitude. For the purpose of preventing the interruption arising from the passage of carriages and carts through the Old Bailey, rails were erected at the two ends, next Ludgate-hill and Fleet-lane. These were only opened to admit the carriages of persons engaged in the business of the Court.

At eight o’clock the arrival of the jurymen who had been summoned created considerable bustle, and this was greatly increased by the pressure of other persons for admission to the Court. Regulations were adopted to prevent the entrance of those who were not provided with tickets. This was the more necessary, as from the limited nature of the Court but a small portion of the public could obtain accommodation. The Jury alone, who stood in the body of the Court, were upwards of two hundred in number. Certain boxes were devoted to the reception of females, several of whom were present.

The witnesses for the Crown were divided into two parties. The more respectable were placed in the Grand Jury room, and those of an humbler class remained in a contiguous apartment.

Monument, who remained a prisoner in the Tower, was brought from thence in the care of two warders, and Lavender and Bishop. He was placed in a room by himself, as was Adams, who was brought from the House of Correction in the custody of Governor Adkins.

The pikes, swords, guns, pistols, grenades, ammunition, and other articles intended to be produced on the trial, and which the witnesses brought with them, presented a most formidable appearance.

At half-past eight Thistlewood was conducted from his cell, in the care of one of the Turnkeys. He appeared greatly dejected. He was placed in the apartment usually devoted to those about to be put on their trials. The other prisoners were not brought down.

As the time appointed for the sitting of the Commissioners approached, the body of the Court became greatly crowded; while the galleries, which are private property, and to which admission could only be obtained by the payment of a guinea, were comparatively thin. The boxes assigned to the Committee of City Lands and the Grand Jury were completely filled.

At nine o’clock the Commissioners entered the Court in the same order as described on Saturday. The Court was then opened in the usual form.

Mr. _Shelton_ immediately proceeded to call over the names of the Jurymen summoned. As they answered, they were asked, whether they were freeholders in the county of Middlesex to the amount of ten pounds a-year, or of a freehold and copyhold together of that amount? In the event of their answering in the negative, they were passed over. Those who did not answer when called, were called upon their summonses “to come forth and save their fines of 100 shillings and issue.” Several were in this predicament.

The object of this ceremony was to ascertain the number and eligibility of the Jurymen in attendance, preparatory to their being subsequently subject to the challenges of the crown officers and the prisoners. Some of the gentlemen were excused from attendance on the ground of their health being so infirm as to preclude them from doing their duty as Jurymen.

While this form was going through, the prisoner Thistlewood was put to the bar, and attracted general attention. He was dressed as on Saturday, and came forward with apparent firmness. He had in his hand a pencil and a sheet of paper. He paid particular attention to the names as they were called over.

The Council for the Crown in attendance were, the Attorney-General, the Solicitor-General, Mr. Bolland, and Mr. Littledale. Those for the prisoners were, Mr. Curwood, Mr. Adolphus, Mr. Walford, and Mr. Broderick. Such was the pressure occasioned by the assemblage of the Jury, that they were constrained to ask permission to quit the Court as their names were called over. This request was complied with, but they were desired to remain within hearing.

As the prisoner stood at the bar, and while the Court was occupied in attending to the list of the jury being called over, a man of shabby appearance contrived to get to the corner of the dock, and to place his hat on the board in front, and then, calling Thistlewood’s attention, directed him to take the contents. Thistlewood immediately took from the hat five oranges, which he put in his pocket. Mr. Brown, who was in his box, witnessed the transaction, and admonished the obtruder. He afterwards directed one of his turnkeys to take the oranges into his possession. Thistlewood, on being asked, delivered up the fruit, and they were carried out of Court to be examined.

There might seem, in this conduct, on the part of Mr. Brown, something of harshness; but when it is recollected that an orange might be made the vehicle of conveying to the prisoner the means of personal destruction, or some other thing which the precautions already taken were meant to prevent, it will be seen that he did no more than became the vigilant execution of his duty. The oranges, having been examined, were returned. It was intimated to Thistlewood that he should be provided with any thing in the way of refreshment which he might require. We have already stated, that all communication with the prisoner, save under an order from the Secretary of State, had been most positively interdicted. The act of the individual in the present instance, however well-intentioned, was in direct contravention of this order.

Subsequent to this transaction, two letters, which had come by post, were delivered to Mr. Brown. We believe they were addressed to the prisoners, and, after they had been shewn to him, Mr. Brown felt it his duty to enclose and send them to the Solicitor of the Treasury.

At twelve o’clock the whole of the jury had been called over.

_Thistlewood_ then addressed the Court, and said, “Will your Lordship allow me a chair?”

The _Lord Chief Justice_.--Considering the length of time which your trial is likely to last, the Court will grant you this indulgence.

A chair was then placed at the front of the dock, and the prisoner sat down, having first thanked the Court.

THE TRIAL.

_Mr. Shelton_ then announced to the prisoner, that the jury were about to be called; and that, if he was disposed to challenge any or either of them, he would do so on their coming to the box to be sworn, and before they were sworn.

A considerable number of challenges then took place, both on the part of the crown and of the prisoner; at length the following jurymen were impannelled:

Alexander Barclay, Teddington, gent. and grocer. Thomas Goodchild, North-end, Hendon, Esq. Thomas Suffield Aldersey, Lisson-grove, North, Esq. James Herbert, Isleworth, carpenter. John Shooter, North-end, Hendon, gent. Samuel Granger, Blackwall, lighterman. George Dickenson, Colt-street, Limehouse, builder. John Edward Sheppard, Eden-grove, Holloway, John Fowler, St. John-street, iron-plate-worker. William Gibbs Roberts, Ropemakers-field, Limehouse, cooper. John Dobson, Felix-place, Islington, Esq. William Cooper, Grove-street, St. Pancras, Esq.

After which the _Lord Chief Justice_ thus delivered himself:--“As there are several persons charged with the offence of high treason by this indictment, whose trials are likely to be taken one after the other, I think it necessary, in the furtherance of justice, strictly to prohibit the publication of the proceedings of this, or any other day, until the whole of the trials shall be brought to a conclusion. It is highly necessary to the purposes of justice that the public mind, or the jurymen who are hereafter to serve, should not be influenced by the publication of any of the proceedings which may take place, until the whole of those proceedings shall be finished. It is expected that all persons, therefore, will attend to this admonition.”