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possession of an officer. Afterwards securing four, to whom he could not I went to the Horse and Groom. I speak positively. had seen Cooper there, with a stick, William Westcoat had part in con. and Gilchrist came back for it, but ducting the patrole at Bow-street, and did not get it. I observed it cut. was a constable. He was down in the
James Ellis, by the ATTORNEY-Ge- stable the whole time, and heard firing NERAL.-Went with the other officers on the loft. He saw Ings in the stable, to Cato-street on the 23d February: who wanted to rush out, while the he went in immediately after Ruthven. other officers were up. Witness and He saw two men, one having on two Ings had a contest. There was tercross-belts ; either in his right or left rible confusion on the loft ; some came holding a carabine, in the other a tumbling down, and some singly. He sword. Witness observed that he was knew Thistlewood. There was a light. a man of colour. The other person Thistlewood fired at witness. Three was between the foot of the ladder holes were in his hat by balls. Witand the stall next to it, for there were ness rushed towards Thistlewood, when three. He followed Ruthven up as he was struck down. Thistlewood then close as he could. The man of colour made a cut at him with a sword, and said something, ending with “men." ran out. Witness was wounded in the He heard the men above rushing back back of his hand with one of the balls, behind the carpenter's table, and a as he had held up his hand to protect noise like fencing with swords. There his head. might be 20 or 25 men. Ruthven Hugh Nixon, one of the Bow-street said, “ We are officers, seize their officers, saw Ruthven, Ellis, and the arms, or surrender your arms.” Wit- deceased, go up the ladder. He went ness had not known Thistlewood be- up, and saw Ellis fire. There was a fore, but he was, satisfied it was he rush down, and he saw a man fire a who menaced with the sword. Wit. pistol ; he rather believed it was Thisness had before held forward his staff tlewood. Ings was pursued and brought of office; he now presented a pistol, back. Witness found a sword in the and desired him to desist, or he would stable, and a bayonet up stairs. fire. Smithers then gained the top of John Wright, a patrole of Bows the ladder, and advanced towards the street, was one of the officers who went little room. Thistlewood struck him to Cato-street. They mustered at the with the sword near the breast. Smi. Horse and Groom. He saw Cooper thers fell back, held up his hands, and having a broom-stick, and another exclaimed, “ O God!" Witness fired coming to drink beer. Cooper left the on Thistlewood, and Smithers stag- stick. Witness took a sword and a gered towards him. The candles were knife from a man who was in the staput out, and the witness was forced ble, near a stall. That moment he was down. He stood at the door to the knocked down, and received a stab in street. Several shots were fired : some his side. Wilson and Bradburn were balls passed him. On going out, he afterwards taken. Witness foundabout
Saw a man running to- two dozen ball-cartridges in Wilson's wards Queen-street, with belts on. pocket, and a pair of scissars ; and He secured him. It was Davidson, found two baversacks on his sides. the man of colour. He had a cara. William Charles Brookes, a patrole, bine in the one hand, and a sword in being directed by Mr Birnie towards the other. He afterwards assisted in persons passing, saw Ings, and a pero
heard a cry.
son in front of him with a cutlass, and knew nothing of the baskets ; the spoke to them. Ings fired, and slight- room did not belong to him in which ly wounded him on the shoulder. Wit. they were ; it was the back room. In ness staggered into the road. Ings the same room there was a pike-staff went off towards the Edgware-road. and an iron pot. Witness sent for the Witness pursued. Ings threw away landlady, Mrs Rogers. She said her the pistol. Moy took him. Witness niece had let the back room to a man asked him why he had fired at him-a she did not know. Brunt said, it was man whom he had never seen? He a man at the public-house, and he did said, “ I wish I had killed you.” Wit- not know his name. Witness then went ness stated, that two haversacks, a to Tidd's, in the Hole-in-the-wall-pasknife.case, and a tin box, three parts sage, near Gray's-Inn-lane. There he full of powder, were found on Ings. found a box full of ball-cartridges, 965
Giles Moy confirmed this evidence, in number; he found 10 grenades, and so far as he was concerned.
a great quantity of gunpowder. He Robert Chapman, one of the Bow. found, in haversacks, 434 balls. He street officers, went to Cato-street; found also 69 ball-cartridges, about 11 saw Ings in the stable, and heard him bags of gunpowder, one pound each. say, “ Look out, above." Witness, in The grenades were in a wrapper. In the watch-house, took from Ings a one of the baskets at Brunt's were nine knife-case, two balls, and a pistol-key. papers of rope-yarn and tar; in the He saw one running through the other, three of the same, two flannel stable with a sword in his hand. bags of powder, one pound each, and
Captain Fitzclarence appeared on five empty bags, a paper of powder, the right of the Bench, and said, he one leather bag, with three balls in it. was a lieutenant in the Coldstream They were all here. Guards; he went with a piquet to Cross-examined by Mr ADOLPHUS. John-street on the 23d of February, - This was on the 24th. Brunt had about eight in the evening. On hear. been in custody before. Tidd was ing reports of pistols, they went to absent. Cato-street. He was directed by a Daniel Bishop, a Bow-street officer, police officer to the stable. He met went on the morning of the 24th, with two men at the door ; the man on his other officers, to apprehend Thistleright cut at him with a sword, the wood, about ten in the morning, to other man presented a pistol. He got Whitecross-street, Moorfields. The in, and seized a man, who called out, house was kept by Harris. He re“ Don't kill me, and I will tell you ceived a key from Mrs Harris, which all.” He gave him in charge, and then opened a ground-floor. There he saw secured another man in one of the Thistlewood, who thrust his head from stalls. On going up stairs, he secured under the clothes in bed ; the shutters three, four, or five persons. He fell were shut. Witness told his name and against the body of poor Smithers, business, and having a sword in one who was lying dead. He saw several hand and a staff in the other, threw arms.
himself on the bed. Thistlewood said Samuel Taunton, a Bow.street offi. he would make no resistance. He had cer, went to Brunt's lodgings, search. his breeches on, in the pockets of ing the front and back rooms, and which they found two balls, two carfound two baskets. Brunt, who was tridges, some flints. They also found in the front room, and had been pre- a small silk sash. viously taken into custody, said he Lavender produced and identified the belt found in Thistlewood's coat- Mr Curwood and Mr ADOLPHUS pocket.
addressed the Jury at great length on Ruthven produced the pike-staff, the part of the prisoner. The ground grenades, &c.
taken was, that the enterprize in All the soldiers and officers who which he had engaged, however cri. had any of the articles seized were minal, could not be justly characternow arranged behind the witness-box, ized as treason. and handed to Ruthven their several The SOLICITOR-GENERAL replied. charges, and Ruthven laid them on the Lord Chief Justice ABBOT proceed. table. A pike was screwed on a staff, ed to sum up. This, he said, was an and handed to the Jury. The whole indictment against Arthur Thistleof the frightful apparatus was now ex. wood, the prisoner then at the bar, posed to view. Guns, blunderbusses, and several other persons, who, in the carbines, swords, pistols, pikes, sticks, progress of the trial, had appeared at cartridges, bullets ; even the pot in the bar, in order to be identified, for which the tar was boiled—all were the crime of High Treason. That produced and identified.
offence had truly been stated as the Morrison identified the sword he highest crime known to the law. It sharpened for Ings.
was so, because it did not merely proSerjeant Edward Hanson, of the duce individual and private evil, as Royal Artillery, had examined one of most other crimes did, but, in addition the grenades. It was thus composed: to that, it created great and extensive -the tin in the heart contained three public mischief. A charge so grave ounces and a half of gunpowder ; the and serious required, therefore, at the priming in the tube was salt petre; hands of an English Jury, (and would, there was pitch over the tin, and then he was sure, from what he had seen, rope-yarn, in which were pieces of receive the most mature and patient iron ; next the tin was oakum, which consideration. The charge, as it stood was all tarred. In about half a minute in the indictment, consisted of several it would have exploded. The explo- counts. 1st, Conspiring and imagision would do much mischief. Wit- ning to depose the King ; 2d, Conness proceeded to open one. Five large spiring and imagining to put the King cart-nails were found in it, and two to death; 3d, Conspiring and imagiold stockings. The tube extended ning to levy war against the King, in from the tin box to the surface, and order to compel him to change his was about three inches long. The tin councils ; and, 4th, Actually levying was full of gunpowder.
war against the King. Two of these He next examined a fire-ball : it offences, conspiring the deposition of consisted of oakum, tar, rosin, and the monarch, and levying war against stone-brimstone pounded. Lighted him, were declared to be treason, by a and thrown into a house, if it touched statute passed so long ago as the wood, it was sure to set it on fire. reign of Edward the Third. In the
ATTORNEY-GENERAL.- This is the construction of that statute, it had case on the part of the prosecution. been held, not only in many cases de
The evidence for the panel consist- cided in this county, but also in the ed almost solely of attempts to invali- opinion delivered to us by various date the evidence of Adams by that of learned writers on this law, that all one Hucklestone, who represented him conspiracies and attempts to depose to have been in the habit of extorting his Majesty, and all conspiracies to le. money by false accusations.
vy war against him, were treasonable,
and must be considered as overt acts, were acted on, bad men would feel proving an intention to take away his that they might proceed in their base life ; because, as historical experience designs with perfect security, and they shewed, the death of a sovereign ge- would trust each other without re. nerally followed the loss of his kingly serve; whereas bad men now distrustauthority. But, in order to remove ed each other; they were afraid of de. any mistake that persons might fall tection; and that distrust prevented into on this subject, a statute was the commission of many offences which passed in the reign of his late Majes. could not be perpetrated without the ty, similar in substance, and nearly so assistance of several persons. Having in language, to statutes that had been made these general observations, to enacted in former years, but which direct their attention to the evidence, had expired. By that statute, the he would now, some hours having conspiring or compassing to depose elapsed since the witnesses were heard, the King, or to levy war against him, read to the Jury such parts of the teswere declared to be substantive trea- timony as were necessary for their
Some of the persons called be consideration in coming to a decision. fore them on this occasion were repre. [Here his lordship proceeded to recasented, and truly represented, to have pitulate the evidence, briefly commentbeen accomplices in this traitorous de- ing on it as he went on.] The first sign. This character did not, however, witness was R. Adams, who undoubtapply to all the witnesses who had edly stood in the situation of an acbeen brought forward. Much obser- complice. But, if the story he told vation had been made on the degree of were false, there were several persons credit that ought to be given to pere mentioned by him, and they could sons who admitted that they had join- have been brought forward to dised in the design. On this point he prove his statement, and to discharge should only say, that according to the themselves of the crime imputed to law of this country, and, he believed, them, if they were innocent, but whom of every other, accomplices were con- the Crown could not compel to appear. sidered competent witnesses; but the This witness said, that the officers, credit that should be given to them when they entered the room in Cato was matter of consideration. The Street, cried out,
• Here's a pretty evidence of an accomplice was to be nest of you—we have a warrant to weighed, with reference to the proba- take you all;" and the officers swore bility of the story he told, the con- they only called out, “ We are offifirmation of it, so far as it was capable cers-surrender.” This difference was of confirmation, and the absence of not material. The two expressions that contradiction which might be ad- were nearly the same in import; and, duced, if the story were false. There in the scene of confusion which unwas, however, no rule of law which doubtedly occurred on the entrance said, that the testimony of an accom- of the officers, it was very possible plice ought to be credited; neither that a mistake might arise as to the was there any rule of law which de- exact expression used. That part of clared that it must be rejected. To the evidence in which Adams descrideclare the latter would be to open bed his irresolution, gave, his Lordthe door, and give the greatest lati- ship observed, the exact picture of a tude and impunity to crime. For, as man of weak mind, not knowing whehad been said by the learned counsel ther he should go on or recede-bafor the prosecution, if such a doctrine lancing whether he should remain true to his associates, or make a discovery statement were correct, the prisoner --and who, when taken into custody, told him the general plan and object did come to the resolution to disclose which he and his associates had in all knew. If his testimony were true view. These were the four witnesses in substance and general effect, it pro- called to explain the designs of the ved not only a determination to assas. accused parties. Two of them were sinate his Majesty's ministers, but shew. accomplices—but, in general, none ed to them that that was only a part but accomplices could be acquainted of a more extended and general plan, with such foul and illegal designs. which embraced the seizure of arms, The two other witnesses did not stand the taking possession of the Mansion- in the same situation. Communicahouse, and the forming of a provision- tions were made to them, on the subal government ; a plan formed on some ject of the conspiracy, it appeared, vain expectation, that if the blow with little reserve-a circumstance of were ever struck, there were a great which the Jury were to judge. A number of people in the metropolis great many other persons had been who would readily join in the scheme, called, chiefly for the purpose of conand levy war against his Majesty. firming the testimony given by these Such an expectation was vain, then, witnesses ; for, if they had spoken to and he hoped would ever be found so, truth, without farther evidence to the when such treasonable attempts were facts, treason was undoubtedly promade. This witness mentioned a man ved. They proved the intention to named Edwards. Why he was not ex. levy war, to form a provisional goamined, his lordship could not say. vernment, and, of course, to change Perhaps the prosecutor did not wish the government as by law established. to call him, for very good reasons. Eliza Walker proved that the prisonHow far the Jury would disbelieve er, Brunt, had hired a lodging for Adams, on that account, it was for Ings in the house where he resided; them to say. What he had remarked and Joseph Hale, Brunt's apprentice, on the evidence of this witness, he was deposed to the meetings that were sorry to say, was considerably against held from time to time in Brunt's the prisoner. As to the character of room. He proved that meetings were Adams, before this transaction, they held there every evening, and that knew nothing. No person had said grenades, fire-balls, and pikes, were on any thing about it. Hyden was a wit. the premises. Thomas Sharp, a watch. ness of a very different description; man, deposed, that he saw four suspifor he, it appeared, disclosed all he cious persons, on the 22d of February, knew early enough to prevent the watching about Lord Harrowby's mischief that was meditated. John house. Morrison, a cutler, proved Monument, another accomplice, cor. that Ings brought him two swords to roborated Adams. He stated that the sharpen, and a sword found at Catoprisoner said to him, “ Great events street appeared to be one of them: are at hand—the people every where Alderson, a pawnbroker, deposed, are anxious for a change.” This ob- that on the 23d of February, Davidservation shewed that the assassination son took a blunderbuss out of pawn. of ministers was not the sole and only Thomas Monument, the brother of object of the parties. The evidence John, confirmed his testimony in seof Thomas Dwyer, as far as it went, veral points. This was the evidence confirmed the testimony of those who confirmatory of the testimony of the were examined before him. If his first four witnesses. Many of the facts