The National Register. — London, England, 1820-04-30 00:00:00

-------- L OLD BAILEY, MONDAY, APRIL 24. The C o urt VI% int: met at the usual hour, and the Judges, namely, the Chief Baron. Mr. Baron arrow, and Mr. Justice Richardson, hating taken their se.its, the prisoner next in rotation, John Thomas Brunt, wa.: placed at the Bar, and Mr. Shelton proceeded to call over the pannels, the following persons were sworn on the Jury:-- Alexander Barclay, Thomas Goodchild, Thomas S. Aldersey, James Herbert, John Shorter, Jas. Wilatott, John E. Shepherd, John Fowler, Win. Gibbs Robert, John Dickinson, Johol3inith, and John Woodward.- 36 Jorors were challenged by the Crown, and 35 for the prisoner. The Jury having been sworn, the rest of the pannels were excused anti! Wednesday. Mr. Shelton then read the indictment, and The Attorney-General rose at the conclu sion of it, and, addressng the Court, spoke as follows:—" Lords, I think it my duty to bring before your Lordships a circumstance which has occurred since our last meet ing under this Commission. It is, I ain sure, within your Lordships' recollection, that before these trials commenced the Court desired that nothilut which oc curred, either in part or in the whole of any one trial, should be published, until the whole of the trials were terminated. The Court stated as the reason ot this pro hibition, that it was intended to prevent any thing gum.. forth et inch inieht have a tendency to prejudice any tit the parties on trial, or any person liab!e to he called on their Jury, in a case where met' were on trial for their lives. With that injunction 1 think it right to state the whole of the daily press, 1 may say, most properly coot plied. But yesterday, in a paper called The Olsert'er, which 1 hold in tov hand, the whole of the trial to Arthur Thistlewood is published, and a shaft account of the trial that followed of Ines. This has been done too by the publisher with a full knowledge of your Lord ships' prohibitoxy injunction, fur he actually publishes what fell front the Court on that occasion in the very paper in which he has violated y our Lordshi p s' order. It is not me intention to interrupt the proceedings of the trials at the present moment by submitting ally too tion on this most daring and flagrant contempt of the order of this Court; but, my Lords, 1 think I owe it to the dignity of this Coin', as well as to the situation which I hold, not to sutler the publication of these pro ceedings to pass unnoticed, Undoubtedly, some pro ceeding will be taken, when the means are furnished for bringing the matter forward in a proper shape, and when the mode of proceeding shall be determined upon." The Learned Judge bowed; and Mr. &Aland shortly opened the indictment against the prisoner. Brunt entreated permission to have the occasional in dulgence of a chair, which the Court granted without hesitation. The Attorney-General rose about half-past ten, and addressed the Jury till a quarter before twelve. The speech consisted of a request that the Jurors would dis miss from their minds all knowledge of the subject from any other quartet, and confine their attention exclusively to the evidence, and to a narrative of the facts and cir cumstaoces to be detailed by the witnesses. Robert Adams teas now called, and examined by the Solicitor-General.- 11 is evidence, with some little ad ditions, was in substance the same as that given on the two former trials. In detailing some particular observa tions which he said fell from the prisoner, Brunt rose hastily front his seat, and said —" My Lord, can the witness look into toy face, and into the faces of those gentlemen (pointing to the jury), and say that I have said so?" Adams (turning towards the prisoner, and lay ing his hand on his breast) —1 can declare it with a safe and clear conscience. Brune—Then you are a bigger villain than ever I thought you to be. The Court interfered to prevent any further conversa tion between the parties. This widiess was cross-examined at some length by Mr. Curwood. The other witnesses examined were Eleanor Walker, Mary Rogers, Joseph Hale, Thomas Sharp, Charles Bis set, Henry Gillam, Edward Simpson, J. H. Morrison, James Aldous, John Monument. Alter hint, Thonia , Monument was the next witness examined. His et '- deuce commutated that of his brother, John Monument, who was afterwards recoiled, aad examined as to certain facts. The next ee aness was Thomas Hyden, who repeated the evidence to bleu tie had given on former trials. He was closely cross-examinto toy Mr. Curwood. Alter his examinat ton had closed, be evinced a wisp sitsiu to i-tas in Court, on which the prisoner Brunt observed, " M . e Lord, the wit 114.!,3 stays in Coon." Wi:son, another ui the prisoner., own rose, and said, wi:lt great indemation, •' My Lord, let that perjured villain be turned out Cow t" Mr. Hyden immediately withdrew froth Court. The Earl of Ilarrowby was then called, and repeats, his former eti.lence. John Baker, tie butler to the Earl of Harrowbv, cor roborated hi- Lordship's evidence Richard Mundy and George CA) lock proved the lire settee of the prisoner in Cana•s•n•.t WI the esening tro which the idol ‘‘ as discovered. George Rol hs en, Jame: Ellis, 'Dolma; Westeott, and others belonging to the police-office iu Bow -street ; t‘ then examined as to the seizure of the gang. in Cato street. Lient Fozelarence repeated the evidence which he had given on the former trials Mr. Gimlet then stated to the Court, that the Case for the prosecution was clo:ed, except so far as related in hit examinamm of the arms, seetuithimm, &c.. which ',all been seized in Cato- tret t, or CM the premises of •he cot spirators. As it would be. stin-t pruih hi to examine thetn by day-light, he hoped that the Court would ad journ their examination until the morrow. TIDE NATIONAL REGISTER. The Lord Chief-Baron acquiesced iu the proposition, and adjourned the Court till to.niorrow morning at nine o'clock During the whole of the day Brunt was engaged in taking voles of wilat occurred ; so also were two of the oilier prisoners—Harrison and Wilaon. TUESDAY, APRIL `..!5. At nine o'clock. the Lord Chief Baron, Mr. Baron Garrow, and Mr. Justice Richard•ou, entered the Court, which was but thinly attended. Immediately after wards John Thomas Brunt was put to the bar, and accommodated with a chair, as he had been the day preciously. He looked rather paler than he then did, but was quite firm and composed in his demeanour. The witnesses examined to-day were, Geo. Ruthven, Hector Morrison, Samuel Taunton, and Sergeant Ilan. son ; and with their examination the case for the pro secution closed. It ss as then directed that the muskets, pikes, swords, and hand-grenarlet, which had been taken either at the house in Cato-street or at the lodging of the conspira tors, and which had been submitted to the inspection of the jury, should be removed out of Court. The execution of this order excited souse slight confusion its the Court. As soon as a conversation respecting the accommoda tion of the students lisd terminated, Mr. Curwood tote to address the Jury on the part of the prisoner. Mr. Curwood concluded his address at 11 o'clock. He then called John Bennett. Mr. Gurney begged to ask the purpose for which this witness was called. Mr. Comm' stated, that he was to contradict part of the testimony given by the witness Hyde's, in his cross exlmination. Mr. Gurney then read his notes of the evidence in question, from which it appeared that the answers of livilen were not of such a positive nature as to render such a contradiction necessary. Hyden had not sworn positively to the point which was meant to be contra dicted. The Chief Rums referred to his notes, and confirmed the statement of Mr. Gurney. Mr. Curwocxl, under these circumstances, declined calling the witness. Mr. Adolphus then shortly addressed the Jury on the same side with Mr. Curwood. He took a comprehen sive view of the whole of the evidence; denied that the evidence of Adams, the accomplice, was entitled to the slightest credit; and contended that, as it was not sup , ported by more credible witnesses, the offence of which the prisoner had been guilty, however great, did not amount to the charge in the ►ndictment of high treason. lie concluded his address, in which he displayed ►ouch zeal and ability, by appealing to the Jury on the danger to society of receiving the unsupported evidence of an avowed accomplice, in a crime of a nature so serious as that with which the prisoner stood charged. He en treated them not to convict the prisoner because he was a bad man, but to examine how far the charge against him had been substantiated. Chief Baron.—John Thomas Brunt, your Learned Online; have concluded their Yermble darnee; but if ' you wish to say any thing on your own Winn; limit is the time. Brunt then rose, and with a firm voice said, that a written defence had just heed put into his hands; bid, as lie had not had time to read it, lie would make a few °b yes vat ions 011 the evidence. He then stated the origin of Isis acquaintance with the witness, Adams, and attempted to impend' the whole of the witnesses who had appeared against him. He alluded to a person, in the list of w•it. nesses on die part of the Crown, whose name has often been mentioned in the course of these pi uceediugs, but who has not been called upon. He declared that he had been seduced by this man, and had often received refresh ment of meat and drink at his expense, He concluded an address of Italian hum by appealing solemnly to God fur the Utah of Isis assei lions ; unit declared tint, whatever might be his fate, lie would not die unwire thy u descendant of the Ancient Britons. 'like Solicitor-General rose to reply.—He remarked upon the several parts of the evidence touched on by the Counsel on the other side , and concluded with a solemn call upon the Jot y to give au impartial vet diet, according to Hie evidence. The Chief Baton began to sum up a short time before two. While his Lordship was slimming up, Brunt said, " My 1401 d, there are smile of the witnesses for the prosecution in Court, and a , their bearing the evidetict summed up may pi (-justice the trial of some 01 my ftilow-prisoners, I hope your Lordship will order them to withdraw." Mr. Gurney.—My Loud, they are only those witnesses who were permitted to remain by common consent; they are the corseers. The Lord Chiel-Baron.—They are only those whom you Counsel has e coosesited to remade. Mt. Baton Garruw repeated the same observation to the vrisoner, who bowed respectfully to the Cons and re sinned Isis spat. .1 he- Lord Chief-Baron coot hotted to min up the evidence with great ple•tisiuu to the moll. As soon as Ilk Lordship conduits d , and before the Jury lensed, lose lot obelli addressed the Court:—" M) Lord, 1 hur )1,111 Los stship will allow sue to ask a question as to a i•,•lil of law." Tile amid Chiel-Barom—Cettaitily, Sir, any thing you Jititor.—My Lurd, we are humid to take the law from )1/111' l wtrel,hip, and ties doubt you will give• it to its must coo iectly. I wish to know %%betties, tithe evidence hot e out that all armatmelit had taken place, and that there was c.istntify to thy civil power, would that, in the law, be i ht..o , ttut war. hel. nit Cln, 1-11arun.—Undoubtedly.— After a Muni pause• 1 1 1,, lunisbep %:tol,—(ieettlenten, do I mideistand the Please to repeat it agent. 'I he Jllllll repeated the• gitemtitott, and lies luidsliiii re plied, that ii enlist once to the civil amitosis) , would nut emo,liiitie a Irv, mg of war. 1 hi' Juiror.-111) lord, if dicer. was an armament for the outpost of inducing his Majesty to clause his measures, would that be a levying of war? . 4,. The Lord Chief-Baron.—That, gentlemen, would con• minor a levying of war; and if you believe that it was proved in evidence, it world support the indictment tinder the art of his late Majesty. I put only the first and third rooms to you, gentlemen, not to embarrass the case. same Juror.—Lwoald wish to considet the whole of the indict mete.. tfitope_.your lordship will excuse my asking these questions. The Lord Chief- Haron.—Certainly, gentlemen, it k your province In consider the whole of the case before von. You have also an undoubted right to ask any ques tions you may think necessary. The. Jury then retired at 20 minutes before four; and in about 19 minutes returned with a verdict of Guilty on the third and fourth counts. The prisoner's appearance was in no degree altered by the ammuciatimt of the verdict. He bowed slightly to the Court, and was removed in the care of two of the emilei's assistants. In att%wei to a question from one of the jurors, they Here told that their attendance would not he requited before Friday morning; but that the alll.llll.llter ttf the other jowls would be necessary to-morrow (this) morn.. THE ATTORNEY-GENERAL, V. THE PROPRIETOR OE THE OBSERVER NEWSPAPER. Before their Lin ilships left the bench, The Ai moors-General begged to call their attention to a subject Which he had before brought to their notice.--. Yesterday morning he had called the attention of their Lot &hips to the Cill 1111 l statute of a Sunday newspaper having violated their Lordships' °Orr by publishing the reports of the trials. At the Mite he first mentioned this subject he was not in a situation to submit any mo tion on it; he had now an affidavit, woich set lot th the purchase of the Observer newspaper from the servant of the proprietor, Mr. Clement, on the 24th pn., at his shop in the Strand. If his Lordship should have any doubt that the publisher was in ignorance of the order which was made, it would be removed by his reading from the same paper the very order which had been given to prevent the publication. [Here the learned gentleman read the words of Lord Chief Justice Abbott, prohibit ing the publication of any of the trials until the whole of them were over.] He then continued. Under these cir cumstances he felt it his duty to bring the matter to their notice, as he considered it a most wilful and daring vio lation of the order which their Lordships had, with the most humane view, issued on the first day of the trials. The Lord Chief Baron.--s Let the affidavit be read. Mr. Shelton, the clerk of the arraigns, read the affida vits. The first was sworn to by two persons (we did not hear their names), who deposed that they had purchased the Observer, at 169, Strand, front a servant of Mr. Cle ment's, whom they believed to be the publisher and pro prietor. There was annexed to the Observe and a Supplement a certified copy of an affidavit made by W. J. Clement, at the Stamp-lace, iu 1816, in which he stated I self to be the sole publisher and proprietor of the Observer Sunday and Monday newspaper, at 169, Strand. The ATTORNEY-GEINERAL now said, that this, accord ing to the act of parliament, went to prove that Mr.Cle mem was the proprietor of the paper. Lord Chief Baron limn Amos (after consulting with ltdr. Baron Garrow and .11r. Justice Richardson) said, the Court think that nothing can be more prejudicial than the pub lication of :my part of those trials before the whole are finished, and it is highly improper that this should be the case alter the order of the Court. Mr. Attorney-General, take an order to have the publisher appear litre on Friday Morning, ut the sitting of the Court, to answer fur his con duct. The Court then adjourned at half-past 4 till 9 to-morrow IiONESDAT, APRIL Davidson and Tidd were put to the Bar, to be tried upon an indictment precisely similar to those upon which the other prisoners were convicted. Mr. Gurney stated the case, and detailed the evidence, as it was given on the last occasion. The same witnesses were called, and there appeared no change of any importance in their statements. The same ingenuity was displayed by the Counsel for the defence as no all the other trials. At Inc o'clock the evidence for the prosecution having been grow through, with the exception of the production of the arms, combustibles, Ste., the Court was adjourned. THURSDAY, APRIL fa. The Court as,einbled this morning at the usual hour. The arms, aininuoition, &c. seized upon the persons of the conspirators, and in their respective depots, were then bri.oght in and laid no the table. Mr. Gurney declared the evidence for the Crown to be brought to a close. Mr.Curwood having cone:tided his address, Mr. Adolphus called the witnesses for the prisoners. Mr. Baron Garrow then called on Davidson for his deleuce. 1/avidson denied his guilt, and concluded by saying he had been fifteen times exposed to dati , „ A kr iti nellair of his beloved King and Country, and after that lie would ask where was the probabilily o. his attempting to sub yen the hest of all Cotistitin ions. Told, iu his defenc,„ laid most of his misPntunes to hi acquaintance with Brunt, winnia he had known solve jootit 3 11101ith beihre Cnrisimas. lie declared most solemnly that lie knew twilit:4 about the Cabinet dinner, or the plot they flay to contemplation, and that he had not been in the stable ten inmines before the (Alice's caiiie Mr. Baron Grarrow th, n proceeded to sum tip. The duty retired for 40 minutes, and upon their return, at eight o'clock, the Foreman pronounced both the prisoners Guilty on the third Count, with the excel,- non of the eighth and lentil Inert acts. Tile pti: iiourS immediately withdrew from the bar.-- *I (IA look, d around him angrily.-I)3volsois appeared gainer vie :will titan otherwise. NI, (ni woad now applied to the Court to behalf of \\ who had, he said, before pleaded a misnomer, a:i•-rwards pleaded Nut Guilty to the indictment Mr 1 reason. 'C lie Leattlei Coolibel now welled that ht Cowl would permit him to withdraw ins iiiii ter plea, ~,,,1 plead Gums to the High irc.,soti. The Auto lier.ii said lie could have no ohjection• Baron Garron ordered him to be plateed at the Bur, and after adnumishing hini as to the nature of the comae, he was 14Q