The National Register. — London, England, 1820-04-24 00:00:00

J/ 7 $ 1 No. 1,256.—V0L. XIII.] TEE TRIAL OF ARTHUR THISTLE WOOD FOR HIGH TREASON. OLD BAILEY. BAILEY. Mortnive, ATTU!. 17. The interest excited by the trials of the State Prisoners was this morning 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 controll the multitude.— For the purpose of preventing the interruption arising from the passage of carriages and carts through the Old Bailey, rail., were erected at the two ends, next Ludgate Hill and Fleet Lane.— These were only opened to admit the carriages of persona engaged in the business of the Court. At eight o'clock the arrival of the Jurymen who had been sum moned created considerable bustle, and that was greatly enhanced by the pressure of other persons for admission to the court.— Regulations were adopted to prevent the admission of those who were not provided with tickets. This was the more necessary, as from the limited mime 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 200 in number. Certain boxes were devoted to the reception of ladies; a great number of whom were present. The witnesses ter the Crown were divided into two parties.— Some were placed in the grand Jury room, and others remained in a contiguous apartment. Monument, who has remained a prisoner in the 'rower, was brought from thence in the care of two warders and Lavender and Bishop. lie 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 introduced on the trial, and which, the witnesses brought with them, presented a most formidable appeerance. At half.past eight, Thistlewood was Conducted from his cell, in the care of one of the turnkeys. He still remains greedy dejected. He was placed in the apartment usually devoted to these about to be put on their trials. The other prisoners were not brought down. As the tame appointed for the sitting of the commissioners ap , the body of the court became greatly crowded. The he loxes assigned to the committee of city lands and the grand jury were tilled with an overflowing audience. At nine o'clock the com Missioners entered the court in the name order as observed on Saturday. The court was then opened in the usual form. Mr. Shelton immediately proceeded to call over the names of edge Juryinen 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 copylsold 'nether 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 a hundred shillings and issue." Several were in this predicament. While this form was going throug:), the prisoner 'ritistlewood was put to the bar, and attracted general attention. He was dressed aeon 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 Counsel for the Crown in attendance were, the Attorney. General, the Solicitor General, Mr. Gurney, Mr. Rolland, and Mr. l.ittledale. Those for the prisoners , as assigned by the Court, were Messrs. Curwood, Adolphus. Walford, and Broderick. Such was the pressure uccasioned by the assemblage of the Jury that they were constrained to ask permission to quit the Court as their tames 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 °c oupled 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 Thistlewoosra 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 hi; box, witnessed the transaction, and admonished the obtruder. He afterwanis directed one of his turnkeys to take the oranges into his possession. Thistlnwood, on being asked, delivered up the fruit, and they were carried out of court to be examined. There might seem, in this conduct ou the part of Mr. Brown, something of harsh ness, but when it is milks:tech that an orange might be made the vehicle of conveying to the prisoner the means of personal destruction, or sonic other thing winch the precautions already taken were meant to prevent, it will be seen that be did no more than became the vigilant execution of Ms duty. it was intimated to Thistlewood, that he shoidd be provided with any thing ni the way of refreshment which he might revire. Subsequent to this transaction two letters, which had come by post, were delivered to thrown. %Vc believe they were addressed to the prisoner, and after they had been shown to him, Mr. Brown felt it his duty to enclose and send them to die Solicitor of the Treasury. At twelve o'clock the whole of theinry lied Is2en called over. Thistlea nod then addressed the Court and said, •• Will your Lordship allow me a chair?" The Lord Chief Justice.—" Considering the length of tittle which your trial is likely to last, the Court will grout yid this indolence. A chair was then placed at the front of the dock, and the pri mmer sat down. THE TRIAL. Mr. Shelton announced to the prisoner, dial the Jury were about to be called; and that if he was disposed to challenge any or either of them, lie would do so on their coming to the box to be sworn, and before they were sworn. The list of Jurors was called user till a butliciod iminber of unchallenged inert were tbund. The Crown challenged Ili; the prisoner The fol lowing Jurymen were then impannelled sworn:— Alexander Barclay, foreman; Chtirehill, James I lei bert. .lone Shinier. Samuel Granger, Geo. Dickinson, John Edward Sheplienl, Jo h n Fowler. Wm. Gibbs Roberts, John Dobson, and %Villiam Cooper. The Lord Chief Justice thus delivered hiamelf:—" As there are several liersons charged with tilt talent , ' of High Treason by this indictment, whose trials are likely to be taken one slier the tither, I think 11 necessary, in furtherance of justice, strictly to prohibit the public:mit:it of the proccoungs of tins, or any other nay, wail the whuic of the trials shall be b t o i i ii iit tom co l ielo s ion. It ts highly necessary to the purposes of justice that the public mind, or the .1 iley HMI who are hereafter to serve. should tau be influenced by the public:mon oh any of the proceedings which may take place, until the whole of those pw.ealiug, shall be ational 1..\,...ti:i-itittr4 Our itina, eottaitution anb U aim% MONDAY, APRIL 24, IS2O. finished. It is cxpectcd that all persona, therefore, will attend to this admonition.' Mr. Shelton then read the indictment. Mr. Bolland, as junior Counsel for the Crown, having shortly opened the indictment, the Attorney General, at ha'S past one, proceeded to address the Jury. The Learned Gentleman commenced his speech by adverting to the painful, but important, duty which the Jury had to per form; and by calling upon them in the most solemn manner to discharge from their minds any impressions which they had revived, from any thing which they had heard, read, or under stood, before they came into that Court. Their judgment wus to be founded upon the facts which would be adduced in evidence, and lie had no doubt it would be coolly and dispassionately formed. Further than this we are at present precluded from giving to our readers, in consequence of the intcrdictiva of the Cow t. I The Court adjourned, after hearing evidence, at half past seven. TUESDAY. APIIIL IN. The Court met this morning at nine o'clock • and the names of the Jury having been called over. Thistiewood, accompa nied by the other prisoners, was put to the bar. Shortly oetore the proceedings commenced, Tlustlewood, in a very mild tune, requested the Court to indulge him with a chair. The Lord Chief-Justice ordered a few chairs to be brought. that the pri soners might in turns, as they were tired. The same cool a..d collected manner which marked 'fltistlewood's conduct yes terday was also observable to-day. The other prisoners con. ducted themselves with &calmness bordering, one would imagine, on an utter unconsciousness of their awful situation. The prin. cipal witnesses examined to-day were—Hall, an apprentice Co the prisoner Brunt ; Iliden, who was connected with the party ; the Earl of Harrowby ; John Monument. one of the gang seized in Cato-street, admitted as King's evidence; his brother. Thomas Monument; Thomas Dwyer, who gave information of the plot to Lord Sidmouth, a little after one o'clock on the day on which it is alleged that it was to have been carried into exe cution ; George Kaylock, Richard Monday, and Elizabeth West all—the three last inhabitants of Cato Street ; and Ruthven, the police officer. Mr. Ruthven was cross-examined as to his sarveWarsce of This tlewood since Watson's trial. James Ellis, William Westcott, Hugh Nixon, John Wright, William Charles Brooks, Giles May, and Hubert Chapman, police officers, as to the events of the 23d in February, in Cato Street, Capt. Fitaclarence gave evidence of his pan of the proceedings. Samuel 'Taunton stated ids discoveries in the lodgings of Brunt and Todd on the 24th.— Daniel Bishop gave evidence of the apprebension of Thistlawood• Lavender and Ituthven produced all the anicles taken in Cato street, on the persons of the prisoners, or in their lodtinGs.— Sergeant Harrison, of the Royal Arti/lery, opened and explained the contents of a grenade, and a fire-ball. The Attorney General said that was the ease fer the prosecution. Mr. Curwood then rose, and, in an able speech, advocated the cause of the prisoner; against whom, he contended, neither the charge of imagining the death of the King. or of conspiring to levy star, or of having actually levied war, had been proved. The following witnesses were then called on the part of the prisonersary : MBarker. the daughter of the prisoner Tidd Edward Ilucklestone, an acquaintance of the informer Dwyer, to whose character he spoke ; Jo eph Doane, the Court reporter ; Andrew Chell, printer; anti John Whitaker. Thecase for the prisoner being closed Mr. Adolphus said, that, considering the solemn duty he had to perform, he felt it necessary_ to make a request to the Court. which lie was con fi dent would be complied with, if' unisistently with the convenience of their proceeding's it were possible. lie requested that their Lordships would now adjourn the Court. in order to give him an opportunity of considering the multifarious points connected with this important case. Chief-Baron Richards—You wish, I suppose, to postpone your addres. to the Jury until to-morrow Mr. Adolphus—Yes. my Lord. There is almost a total want of preparation on my part, in consequence of the shortness of nine since I was retained. I therefore labour under considerable difficulty. Lonl Chief-Justice Abbott—lt must be the anxious wish of the Court that every indulgence should be granted to the unfor tunate man at the bar; and, if we even go on now, it is very doubtful whether we cm conclude the whole of tile business.— My wish, however, isto study the convenience of the gentlemen of the Jury as much as possible. At the same time, I do nut think that we ought to proceed hastily with a case which con cerns the life of an individual. A Juror—Aly Lord. uur convenience is not to be considcrd at all. Lord Chief-Justice Abbott.—That expre , sion is exactly what I i.xpeeted front you. We are not, however, ware to that hour when, under other circumstances, we oagin to stop. I think, however, that the administration of justice will better con sulted by allowing Mr. Adolphus time till to. morrow. A Juror—My Lord, as some doubt has been thrown on the evidence of the witness I)wyer, I and my btutlier Jurors would be better satisfied if Col..latnes, or stow person from the Secre tary of Staie's Office, were called to corroborate the truth of the statement which the witness has made, relative to his communi cating the designs of the parties. Lord Chief- iostice Abbott-1f this trial be adjounted, tt , e At torney-G‘netal will have an uoportunity of consitlerm,: mat P oint ; but I am not sure whether such a course ca❑ AI , . Gurney—Certainly it cannot. '1111.: case for the pro•een. tion it closed, and it renniii.s for the other side to contradict the testimony of Dwyer. The .1 tity man reiterated his suggestion. Lord Cluef-Justice Abbott—Perhaps it would he better for the present to forbear sat ing any thing more on that subject. An opportunity will be attbrded to all the parties., at SI Bowe titre, to make their observations to it. The Court then adjoin nut. Ist a quarter pant Lix o'clexh, until nine o'clock on Wcilne.Alay morning, Iyr:l)st:stoat'. :,cot I"). The Court opened again this morning at nine o'clock. Sir Walter Scott took his seat un the bench a few minute , before the arrival of the Judgcs, mod appeared to attend with iiittrimii In terest to all that was passing. After the names of the Jury had been cacti u\ ,r, htatlewtKrl, wht, looked more pale and haggard than on citiicr tw the preceding days, requestAl that Ills I cottaltip would allow lino the indulgence oh a chair. which had Leen granted liiin on a tinnier day. Their Lordship. immediately accedoil to his took st. The Attointy-t.tocral then rose and •aid, that in conseqiicncc of a sugl,•estloll which had fallen last ni fht from one of the of the jury, a pawn, who had been alludeti to, and whore [Pnicr. pretence had limn des'red, was now in attendance on the Court. He could not himself examine without the leave of tile other patty. since he had concluded his cu,e, and FiaCC the ranee of 'hi. gentleman was not among the witneises on the back of the indictment. It was, however, in the option of those opposed to him to examine him if they thoug!,t proper. Mr. Adolphus stitch that the proposition just made by t h AUorney.Gcneral mean nothing at all. lie did not cull for the evidence of the person alluded to, as he had not heat examined by his solicitor, and as he (Mr. Adolphus) therefore could have no idea of the testimony which lie might be going to give. Neither was be bound to call on this evidence; f or he recollected that Lord hilenborough had once said, on a similar occasion to the present, that if this was th i way in which business was to b.,done, it was high time to give it over. The Attorney-General intimated, as far as we could hear him, that his proposal ought not to have been received in the maruict in which Mr. Adolphus had received it. Mr. Adolphus disclaimed all personal incivility; and Lori Chief-Justice Abbott expressed his opinion that no SUCiI thes was meant. Mr. Adolphus then addressed the Jury on behnlf of the pri soner, and in a speech which occupied tour hours in the dill contended that there wa► not evidence to support the charge ut high treason. At its conclusion, fhe Load Chief-Justice (addressing the prisoner) said, •• Ar thur Thisdcwood, if you wish to offer sny thing to the Jury, in addition to what has been advanced by your counsel, now 15 your time. Thistlewoed—l wish my Lords, with your Lordships' permis sion, to examine two witnesses who ate in Court. He mentioned their names, but we did not hear them. The Lord Chief-Justice--The time for the examination of witnesses is closed, and we must not depart from the tegular course. You got sufficient tints to examine; but now the evi dence is clos - on both sides, and it would be irregular to hear any other witnesses. Thistlewood—My Lords, I am perfectly satisfied. I have nothing further to offer. lie then resumed his seat with his usual composure. The Solicitor General replied, in a speech which occupied two hours. He contended that the case was tidily substantiated against Thistlewood. Many of the facts sworn to by the aciomplices were, he observed, corroborated, as far as was possible, by th testimony ut uninipeached witnesses. Lord Chief-Justice Abbott tilt)] proceeded to charge the Jury, making such observations on the evidence of the different witnesses as appeared to the Learned Judge to be illustrative of the ease. At a quarterbefore five o'Omek the Jury retired ; but, after r.ri absence of akw minutes, returned, and requested tie Learned Judge to read to them the statute of the 36th of Geo. HI., with which he immediately complied. The Jury again retired, and, after an absence of about twcziry minutes, returned into Court, end delivered a verdict of Guilty 0.1 the third and fourth counts of the indictment. Thiatlewood, who appeared wholly unaffected by the verdict. was then removed from the bar, surrounded by several ollieer,;. The Attorney-General then observed, that as it was very pro. bable many of those gentlemen who were summoned to on as Jurors on this occasion, not being aware of the termination of Me trial would be in attendance to-morrow it would perhaps be pro. per that the further proceeding, in the cases for high treasda should be adjourned until Friday. Lord Chief-Justice Abbott.—lt will, I think, be nocess;:ry.— The proper officer can go round and inform the gentlemen sur!- moned on the Jury that they are to attend again on Fridly morning Chief-Justice Dallas—On Friday morning these trial: will renewed. Tomorrow the 0111 in-try busities, of the Court will he proceeded in before the Common Serrettnt. A Juror..-Nly Lord, are we riot to be discharged? Chief-Justice Abbott—You wiil not be culled on the next trial, but I atu DM prepared to say that you can be wholly absolved. A Juror—lt is a great hardship on us—we have not been horns since Monday. Lord Chiet-Justice Abbott—You will not be wanted, at all events, before next Monday. Fetcher that that lan not able to say now. A Juror—We do not wish to press the indulgence beyo n d Monday, my Lord. The Court then adjourned at lialf•past six. The following is an abstract of the counts on which wood has been wand guilty : The 3d count is on 111 g 56th Goo. II I. and charges thr prison..r with compassing. imagining. devising. and intending to le, y war agaiiht our Lord the King. within thiz+ realm. iii order hy force and conatrMnt tocompel him to c:iange his measures Wind counsels. The 4th count is also on the statute of the 36th of tht• King, for levying :out making war agaiii.t our lord the K m . ; within this realm, and attempting and endeavouring by force tont arnis to subvert and destroy the constitution and governal n t of this realm as by law eAabliclied, and to deprive and deptio.e Our said Lord the King of and from the style, honour, and king'y name. of the imperial crown of this realm. We understand that Mr. Brougham and Mr. Denman waited, on Tuesday, on the Lord Chan cellor, for the purpose of being sworn in her Majes ty's Attorney and Solicitor General. Mr. Hunt was in attendance o. "r;' l :uniting at the Court of King's Bench, f; urpose ut moving to set aside the verdict obtain. ..gainst iaiaa at York. lie appeared iu the court for a short but nothing has been done in his ease. Mr. Brougham and Mr. Denman were in Court, and sat within the bar. Nlr. Hamilton. one of his Maje.:ty's tTndcr Secre taries of State for the Foreign Ikpartinent, town on Saturday last fur Barugev, as alleged 011 arm count of ill health, but, as surinis,d, o i some tn:- sioit of importance, especially as tit,: is la ilea; to the frontiers of Spain. ' 7'S •