Star. — London, England, 1803-02-10 00:00:00

:MUMS= 44161 iltlALiirOßfl TABASON. . . NEVIIIIIISIONS4IO . UiE, IN THE BOROCaIi. Mara% ZEBRUAItY 7. 1663. The Contr, met pnrfuant. to adjournment, and proceeded to try Edward Maras Dc,/pa►d , The following perfoni were then (worn as Jo- Mrs ‘Gram Coakfon, Gilbert Handlfirle, William Dent, Jahn Farmer., John Rapier, ,Willam nevem, John Calliaioe. Peter Dobree. chbriel Copland James Webbar, Jolla Field. :The Arroansr GFW RRAL then rote, and fpoke to the, following effea : Gentlemen of the jury, it Is obviouy that the attention paid to any fubjeft is 'creel, in proportion to its importance. I have sot a doubt, therefore, fence you are acquainted w ith the nature Of the inquiry that comes before you, Abet riu will Ellen patiently to my addrefs, and that the evidence afterwards to be addneed be attentively frild and inxioofly confsglered by jog. A woe important cafe , either to the prifo. seer at the bar. or to the poblic,never was prefent ed to Intim. 'llhe charge is that of High Trea. fan ; an^prin his guilt or innocence depend the life of the prifinier, together with all that is valu. a bl e i n t hi s w orld—his property, his refpeftability, his fituation after death. Nothing can more nearly touch the vital interefts of the public, than that, if there has been a plot to overturn the Conllitution and to introduce univerfal contrition by an attempt *upon the pertnn of one beloved 3overeign,the bate. porfitgate, and black hearted confpirator ftmuld he ateli‘er e d over to the law, and flanuld differ that punifhtnent which his crime &ferns. lam ready to allow what will be trended for on the other Sde.that the nature of the charge IlinOld not opt • Mte ter the •dif.olvantage of the painter. The ptalignity required to fit a man for entering into fuoh delperate projeas, fo far froth exciting any prejudice again* the accurst', ought rather to raife w prefumption in his favour, and ought to confirm that grand principle in our law, that " every man (hall be confidered innocent until he is proved to be guilty." On this very account the charge itinn/d be carefully watched, the evidence fhould be diligently tided, and your minds Mould be fully &Mind of the panties's. guilt before you give lim up ro the awful cont . , qnsmens of a verdict /again* him upon filch an iniliAment. Stn. Ctn. 'dell e% if the charge is 'fubdantiatod. I look fnr• tamed with coohdent eipelll44 to your grensews. sing the panner guilty of *bran wither Bede he! *Minn as iliac had been tried for my seine capital !genre. juries in your *tuition mud feel parti. cuter anxiety. Trenton Is s crime at which every feeling revolts ; and which, above all others, malbronrindlgnaties, and falls herb wee slime. irace. Some dines the evidence by which it is to lie mane lent is long, vague, and perplexed.— There confederations have in out law caufeJ many cautions aridguards to he placed round the tripl of treafrin, Which are not thnnght neceftary its any titter cafe. The dread of the weight of Govern. lent being exerted oppreffively againft the Int:l -ick ba s s no doubt likewile been an additional round for theft humane regulations. It has been bought that Come wicked end of an unprincipled &Unifier might be reeved by an improper convic. tion, and that to procure this he might be allowed to abate the power and the influence he derives from his office. Without flopping to enquire whs. deer former Governments altually have jußified MeCwiears and committed thefe enormities, I may *firm, without danger of contradiction, that no one at the prefent moment can apprehend the et. fats of fuel' a villainons coapiraey. I do not mean to pay a compliment to individuals. I fpeak of the times. To abflain from a perverfion ale titre to the outpace a State now requires no extra. ordinary regard . to the dilates of mnrality, the precepts of religion, or the fuggeftions of honour. Cold felfillinefs and interefted calculations arein this relpeft ftifficient inducements to rectitude of tomtit& All who now hemline mug agree that any advantage wiring flan an unwarranted prefeero tion, ending in an unjoft lenience. would be inli, nitely more than counterbalanced by the dif. race and infamy with which a Gerverrenent would be Loaded that retorted to loch meal. tures for fupport. In times of ignorance,. of vier. knee. and cm-option. the jealously of police in judicial proceedings, may be reatonable y but when basosiedge rs general. when all the humane virtues see cultivated, when moderation marks the governors. and loyalty the governed, then juftiee will be held &civil, and the aid of the law will never be called in but fir the ponifliment of cri. sisal& In this cafe there is not the flighted ground of fufpicinn. I may congratulate you that we are here a(embkd to confider a cafe which mites no public inure& more than is always felt when the spat Of innocence of a petton of the leaf% confe opienee is to be decided upon. %n political party, no legion confiders its intends at flake. There is no prejudice on either fide ; there has been no AAMOUT o the public mind is completely at cafe. You enter that box without prepafelrion, and without a vita farther than that piftice may be dinni. There can be nothing fo fottunate as this (late of things,.as not only impartiality mull guide all the proceedings of the Court, but there cannot be the lead pint's.: for fapicion or rnifreprefenta thin. It is tint very neeetf.vy, Gentlemen, but I *lay mention another favourable circumflance at• tending the indent cafe. The trial cannot be long. The evidence developing the different parts of the charge is In clear. and w ill admit of being fo much eornmeffed, that I ttnft the whole bulinefs will be concluded without an adjournment. (ball DOW Rate, with all 11. e brevity I can, the . .. • -- . ....„ I . :....3 ki.....1, , ._, ) r Nuh, '-'4 .r ` t t. ~...4 , ____••-....:..... - V ' r'. • Az, ' • ..., 0 - THURSDAY, FEBRUARY To, 1803. nature of this charge, and give you an outline of the evidenCe by which it is to be ellablithed. The prifOner is accufed of High Treafon. There are three counts in the indiftment, charging the dif ferent ads to have been done with three feveral in tentions : t, To compels and Imagine the death of the King : 2, To reftrain and imprifon hit per fon : and 3, To dethrone him from the Rile and title of the Imperial Crown of this Realm. The 6:41 count, concerning the attempt upon the King's life, is upon the old Statute of Edward III.: the fbcond and third are framed upon AFts which re cently patted, by which the intention (manifefled by an overt aft) to lay any refiraint upon the King's perfon, 'or to depofe him from his royal anthority; is made a fubllantive at of treafon. Von will probably agree with me in thinking that this was a wife explanation of t/se law. This cafe will go onernharratted with many difficulties which might otherwife have perplexed it. On former oc cations difputes frequently arofe, whether theft in. tentions, independent of their confequences, came within the Statute of Edward 111. as compaCGng and imagining the death of the King. Now they are pro. perly declared to be of themfelves ails of treafon. However criminal the intention, you are proba. My aware, Gentlemen, that this mull be openly indicated by an aft, commonly called an overt There are eight overt aCts Rated in this indiament, which may be divided into two claffes. The four fit ft charge the feduCtion of his hlajeßy's troops, for the purpore of alfallinatitig, imprifoning, and dethroning him, and the remainder anal plans for the direct aecomplifhment of there purpofes. In confidering an overt ad, you are to look to the intent with which it was done, and though the fits eels of the treafonahle plot &mid not be infured b 7 it, notwithflanding it may be fufficient to ma noted the treafonable mind, to which sae law looks. Getting into a boat on the river Thames teems a very innocent ail; but if it is done with an inten tion of going over to the enemy to carry them in telligence, and to vial them to carry on war againd us, it becomes treafonable. For this ail L.nrd Predon was tried and condemned. Nothing teems more innocent than putting a letter into the poll ; but if this letter contains ap Mitigation to re hellion, then it is treaConable. Upon evidence of this fait, Dr. rlamfey 'Was found guilty if high treafon. Far a man to have a card in his pocket teems perfectly innocent ; but if this card contains the wads of a tresifooabie ingageinlit. andirons that a con4siiiset :vial's to overkurn the GOvern 7 Oen, it is clOily an &fist ail of. treafon. Serif eviirenee will be adduced ;blink the prifoner, and you will drier the ciacluroit Trion it. You will °Weave. Gentleinen. %lot this charge is in the !tape of a ettajiirary. .ittfore in confideting of its tenth two Vieffiells. alias; t. Whether fuck a emseperiey added ? e. It it fit 'Air odonhei Ads individual was engaged is it ? Evidenee concern I ing the other, is therefore not only adusiffible, but ' necerary. When the confpiracy. is this proved, then indeed it mud be brought Aridly home to him by his own at'. Having raid fo much of the law. I now proceed to the fa6s of the cafe. You may with again to hear the names of the perfons included in the in diement. (Here Mr. Attorney read them over.) You obferve, Gentlemen, that there are thirteen in all. Of theft, eleven, including the prifoner at the bar, were taken up on the tkh of November at the Oakley Arms. in the milk of St. Mary, Lambeth. Though fur obvious reafons we Stall begin with calling witnetes to prove what took place at this ailed, I (hall fat out in my narrative from a date enntiderably earlier. I [hall not, how ever. carry you back farther than the IA Spring. —ln the month of March a detachment of the Guards returned from Chatham. You will find that. °tartly after, a confpiracy was formed to overturn the Government. A fociety was eilala profetedly for the extenfioa of liberty, of which two men, named Prances and Wood. were very active members. They frequently attempted to feduce foldicrs into the altociation, tomettmes with Caeca's, and fornetinses with bad. Fow -1 ces afitillered unlawfuloaths to thole that yield ' ed. and amnnj others to two named Blaids and Windfor, giving them at the fame time two or three copies of the oath, that they might be enabled to make profelytes in their turn. Vindfor loon after becoming dilTatished, gave information attic confpiracy to a Mr. and towed him a copy of the oath,, This gentleman advifed him to continue a member of the atociation, that he might learn whether there were any perfons of con fequence engaged in it. Gentlemen, this oath is moll impostant, not only as it is incapable of an inno cent interpretation, but as it is a medium of proof by which feted of thole charged in the indiament are connated together. The prifoner at the bar tendered this oath • it was found in the polreffion of Broughton, of imith, and *embers. It is print ed on the cards in a bad charm:ter, and runs in thefe words : Conaitutina 1 Independence of Gres. Britain and Ireland! Equalisation and Es te:llion of Rights 1 An ample provilion for the fa milies of thole heroes who fall in the contell 1 A liberal reward to all who exert themfelves in the. caufe of the People! Theft are the objets for which we unite, and we (wear never to separate until we. have obtained them I" The form of the oath is “In the awful pretence of As re to y Goo, I.A. B. voluntarily declare that I will exert myfell to the utmolt to recover theft rights which the Surliest, Beton has conferred upon his creatures. sad that neither fear. hope. nor rewarddiall ever prevail upon me to divulge the fecrets of the focisty. or to give evidence arab a inemberof this or any other Intim of a tinnier kind. So help me Gon 1" Gentlemen. in the courfe of my experience it has not been unfrequent to try to fates down ea- pre Mons that appeared crkuinal, and to attempt to (hew that nothing more was meant than to im prove the Cnnllitution, and to bring about a reform by regular, peaceable, and contlittitianal means. I know not if filch an attempt will be made today, but I can anticipate the fuccefs that will attend it. We are agreed as to the Cogitu:ion, if by, the Contli tution is meant that form of Government under which we havefo long happily lived ; not the wild ideas of thole who, under the pretence of im proving it, are its mortal enemies. Concerning the In dependence of Great Britain and Ireland," we (hall not quarrel, if by independence is meant their main taining their high rank among the nations of Eu rope, and counteraaing all the plans that are laid to difunite and degrade them. Hut is the fenriment innocent if, by iiSdependence is meant difunion, and the fuccefs of proje:ts which mutt end in the defiruftion pf both? What can he meant by this equalization of rights, civil, political, and religi ous ? If they want merely equal laws, which make no di flinelion between rich and poor, but hold our protection to, all,_thofe they already have. Is it noe more prObable that thit wffhed For the anni hilation of all drninaions, and for an equal diaribu. lion of property ? The words will bear no other in terpretation. All that they can legally detit e they already enjoy.—They have not to contend for thefe bleffings—they have not to recover them. This is not an ithOrbrement here hinted at, but fomething lever beforepolfcited. If the means to be employed were peaceable, where would there be room for a difplay of hernifm ? Would any fall in ibt coati:, ? Thai are not the circam (lances attending the exer tion of mind—there are not the flruggles of intel led ; this is not acutenefs in argument, and ar dour in dehate. The words of this oath refer to bonne combats, to an armed force wing agaipa • "tilling power, and uiUing law., If, however, ingenuity fhuutd render this matter equivocal. the reit of the cridence, will place the truth of the confpiracy beyond all doubt. About the middle of Snnimer they began to think it nitght be dangerous for them always to meet at the fame place. To avoid flifpicion, they therefore went to various public honks: in Wittillmiil-Ilreet,Oxftwd. finer, St. Giles's, Hatton Garden. Ntliitechapel, in the Borough,about the Tower, and above all, to the Oakley Arras in Leinbetb. TO there meetings they invited fidiliers, *O4 Created tlietn with tab- things 1 as were bell calceUted to pin their good will.— 'l oaffs wi re given to anfwer the °Neal of the afro. ciaTion.,ftish as " The Cattle of Liberty—Elten aim of Rights-111e Model of France," &c. They how inere;tfidkreatly in audacity.and were betray ed by their conltlenie into the greatelfextrivakan. cies. Some were anxious for a slat being afppointrid for taking,the Tower. I do not espea th at you fliould feel this part of the evidence to prefs very Itaideriedh-the Colonel. it will appear that his ' interference rather finned to manun the impru. dist zeal of the confederates. But he was at the bott;m of their machinations. On a day when they were affetnbled upon Toirer Hill to begin the ' attack, he had the influence to difperfe them.— ITowever, he does not appear very prominently here, nor till the plan began to-teach maturity.— Then indeed he became more confpicuous, and during the three weeks that Prec .ded hfs arreft, I have Ibur opportunities of conceding hinkwith the confpirators. The great blow was tribe itruck on the t6th of Nov. You may recolleft Oat his Ma)'efty intended to meet his Parliament a week earlier than he aaually did—on the 16th, inked of the 23d. Their intention was on that day to carry into era their plait to lay reltraint upowtbe King's pedan t and to deftroy him. On the Fri. daybefore, a meeting took place, particularly de (erring of attention. Broughton prevailed upon two of them to go to the Flying Hoek, Newing ton, where they were told they would meet awe nee. This awe wan was Cdawl D o, the pri. loner at the bar. The converfation Lifted two hours, and will be particularly Rated to you by the witneilis. Yon will find that the mode was inquired into in which the Tower is watched and guarded ; that tbey-concerted rneafures for inter cepting the King at he was, going down to the Houle of Lords; that the difficulues were coati dered, and the manner in which thole might be overcome. It will appear that Broughton fug gelled the idea of (booting the horfes k as the coach would thus be floppe d " But (Cod ano th er) would not the Life nerds cut us down r"Then the prifoner at the bar exclaisised. 64 If no one elf" will do it, I myfelf will;" adding, with much fa !enmity. an expect:scm which flrongly (hewed the frame of his mind at that moment —" I have well weighed the matter (he laid), and my heart is' callous." Callous indeed muft be the heart that could harbour filch a purpfe I WinJfor and ano thee foldier met him, by appointment. at the Ti- ; ger on Tower-hill, on the Leib November.— i From thatthey adjourned to the Coach and I Noires is Whitechapel. There were two other ; (oldies: there, who were invited to partake of their refrafitments. A deep enoverfation was entered ' into, but the !{rangers were not allowed to over bear it, though they can (peak to the traitors being 'trembled in confultation together. It was agreed that neat night a grand meeting Mould take place at the Oakley Arms. Although no Reps had been hitherto taken so erre* them. Government was by no means igno. rant of their proceedings. They were well watch ed. As long as die danger fenced at a dill nice. and their plans were wild and impraakahlei it was thought better that Government fisnold not interfere. It was indeed difficult to determine when to iaterrupt their career. Lithe,. had been taken up earlier, they mull either have been brought to trial opus evidence derived from fecret (Dudes, crhich being divulged, their delinquents SIX-VENCE, would have been cut up by the roots, or an inquiry would have been let on foot why pet tons had been deprived of their liberty without caute, and Go vernment mull have ag.tin retorted to the unplea rant expedient of a Bill of Indemnity. But when click Ichemes were fo near their accnmpli(hment that ordinary caution could not provide for the fare) , of the Sovereign and the State, mearures of vigour became indifpenfible. Such a body of deuce has been colleted at, without laying open any fecret fources of intelligence, will he fulficient to prove the guilt of the prifuners. About thirty were :melted At the Oakley Arms of the lowelt people—da rlabourers, journeymen, and common fiddlers. There was one exception—the pritoner at the har. After a long examination feveral were dircharged. Whether all were implicated I do not pretend to fay; but it was judged expedient not to detain more. *ihdfor came to the beige (non After the arrek attd on hearing_ what Ind happened, offered to deliver bintrelf up, declaring that he was ready to communicate all the inform ation in his power. Next day he was br?ught before the Magiftrates, and upon his teftimony ftveral others were taken into euttody. If I fatisfy you, Gentlemen, that Colonel Defpard was a con. fpirator with Francis, with Wood, with Brough ton, there three overt ads are evidence againft ham. If you have no reafon to clabelieve the witnefes, the charge mutt be brought home to the prironer. .1 do not, Gentlemen, fie any polEbili:y of anfwetv ing the cafe which will be laid before you. Lean anticipate no defence. There will in this cafe as well as in every other, be a geld Ihr.v!arttia tion and fora difplay of ingenuity. Dist yen will not permit any thing to efface the jolt impreSvn made by the evidence on your minds. lean pm ccire an argument or two, which maykoelrod npbn, and It will not be improper if It tintetat stn now. The two grand topics dwelt upon, I imagine are, the improbabilttioribe charge and the credibility of the witnetes.—t. It will be Paid that this play is fo extravagant that it is imp Able for any man in his fettles to embark in it. Ido nr" ing. There of any Rory than it is probable ; Tributes to part) ammeter and % tion yem, Gent] the difference' coed and . difeng; Wed, and you' were then of embarked in as reafonable tuft: an good 'bonsai and (it it of dot vary tate . the value of cbllacles whith confider._ not men evnidd bebal toted. Mat think nnattnisai defirable and place rourfelvo Concove that . _ -.- uses fauna the loyalty and law; that your heath me We si tE rub the mad doerines publlthed by the Revolution ; that you have tent telofiflaued " riee. fon as no crime; that rut regard reitelPan ass .11 field for the exertion of a virtuout patriot; this you have kept company with esthufialti and de magogues; that you have animated acid enfikatall. each other b muted eithortations and mystifies. Under this deplorable (Murton, and in your eMi 'min fbund Rate of mind, would your inspreignos, would your eflimate of things be the Ante ? Go ill farther : Imagine that you are roared by the world; that you have met *with difappointoickyi that you art involved in difficulties; that yott,are vexed and irritated by inconveniences brought down upon yon by your own indlkretion. Now, might nu not eager in defperate attempts, in the hope of bettering your fortunes ? You will,. perhaps, be told that as one half of ' thofe who were taken up were difcharged. it as ve ry unlikely that the other half is guilty. On * eve of rebellion it will be talked, would grangers to the confpitacy be allowed to mix in the remit councils of the coofpirators t If the Gentleman as the other fide Maintain that enough did not at. pear againft thefe men to pet thrill npret diem trial. fo far they will fay true. A very muesli dif crimination was made in their reverel digress of goat. If it is affirmed that they are all innoseest, ibis will be &We. The cleareft proof has been ob tained of the guilt of tome of tam fine *y were difclutrged. They were not taken up again. that it may be teen what ace may be produced by clemency. If they had all been detained, Govern. 'merit would not have been blamed for &verity ; but the Tallinn was not how much Grefty world have been jellified. but bow much was abfolutely neceffary. With regard to the witnelres. they can only be objeflctl to cas the (core of crelsl4. It will not be contended that an accomplice is ammtaisw. By use it will readily be granted that he ought to be cnc.Rrmed by collateral evidence. Not that every word that he otters mull be (worn tnby another whoa % for this would make the teßimony of an secomOiee of no are, Ludes perhaps in a cafe of High Treafon. Hot parts of his Rory mull coilr cide with what is depoled by witnelres of undoubt ed credit, Co as, upon the whole, to render it more probe.' le that be has been (peaking the truth. than that ht bas been fabricating lies. As the previous chars/ter of an accomplice may weigh much with the :.td y, I know nit whether it will be attempted Cola* shit theft men had been guilty of area not quarrel with this mode of reafoh. cannot be a better reR of the k than whether in all its cireumlbr whether the parts an 4 aßinui it articular indietclolds agree Will 1 with their views. Mt I leoulit, :riflemen, to Wake an albwahte e between /on and them. r i f 4 it i . t e . ngaged. Your minds are we peregt i on hoe die bibits of Virtu ' a healed thiazinatiop • then prof who had coat . e the ohj'ed Cif their parfaits. i I:- wl awd bati; there are riligin**ll political enthnfialls—a-but al Of *Op very nature of triefr diftielkgi 41 e of their ale& and undie-ilisi ids oppolk their fuceefs. Yon tit t how you would behave, but h4r behave whole minds were to Cot:M- I 4 t you look upon With abhorrence d sable, they might confider as big : eafily within their reach. Yon lhoii tees, if entEble, in their fitnatlotter I you an freed from the relirainti Of t.a..... es..• ........ i.....a. ...... ;r_. ____ L PRII