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

IMAJUIV. OLD BAILEY. MONDAY, Aran. 24. The Court kuitta met al the usual hour, and the Judges, namely, the Chief Baron, Mr. Baron ti arrow, and Mr. Justice Richardson, having taken their seats, the ptisoner next iu rtuation, John Thomas Brunt, was 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. Ahlersey, James Herbert, John Shorter, .lac. WA:unit, John E. Shepherd, John Fowler, W in. Gibbs Roberts, John Dickinson, John Smith, and John Woodward.- 36 Jurors were challenged by the Crown, and ;$5 or the prisoner. The Jnry having been sworn, the rest of the pannels were excused until Wednesday. Mr. Shelton then read the indictment, and The Attorney• General rose at the conclusion of it, and, addressing the Court, spoke as follows:—" Lords, I think it my duty to bring before your Lordships a circumstance which has occurred since our last !wait ing under this Commission. It is, I ant sore, within your Lordships' recollection, that before these trials commenced the Court desired that nothino 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 at this pro hibition, that it was intended in pre vent an y thing pin-. forth tt bleb might have a tendency to prejudice any the parties on trial, or any person liable to hs called on their Jury, in a case where men were on trial for their lives. With that injunction I think it right to state the whole of the daily press, I may say, most properly com plied. But yesterday, in a paper called The (*server, which 1 hold in my hand, the whole of the trial of Arthur Thistlewood is published, and a short account of the trial that followed of logs. This has been done too by the publisher with a full knowledge of your Lord ships' prohibito:y injunction, for he actually publishes what fell from the Couit on that occasion in the very paper in which he 1134 violated your Lordships order. It is not my intention to interrupt the proceedings of the trials at the present moment by submitting any mo tion on this most daring and flagrant contempt of the order of this Court; but, my Lords, I think I owe it to the dignity of this Court, as well as to the situation which I hold, not to suffer the publication of these pro• ceedings to pass unnoticed. Undoubtedly, sonic pros 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. Bolland shortly opened the indictment against the prisoner. Bruns entreated permission to have the occasional in dulgence of a chair, which the Court granted without hesitation. The Attorney- General rose about half-past tell, 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 cumstances to he detailed by the witnesses. Robert Adams ts as now called, and examined by the • Solicitor-General.—ilia 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 my face, and into the faces of those gentlemen (pointing to the jury), and say that 1 have said so ?" Adams (turtling towards the prisoner, and laying his hand on his breast) —1 can declare it with a safe and clear conscience. Brunt.—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 witness was cross.examined at some length by MoCurwood. The tither witnesses examined were Eleanor Walker, Mary Rogers, Joseph Hair, Thomas Sharp Charles Bis set, Henry GO lam, Edward Simpson, J. 11. Morrison, James Aldous, John Monument. Alter him, 'Doom , Monument was the next witness examined. His to 1. deuce corrotairated that Gf his brother, John Monument, who was :iftt rwaids recalled, aad examined as to certain facts. The next o oness was Thomas Hydro, who repeated the evidence %%loco tie had eavell on former trials. He was closely cross-examine(' by Mr. Curwood. After his examinatiou had closet!, he et - toted a uisp-sition to stab in Court, oil which we prisoner Brunt observed, " M Lord, the witness stays in Court." Nilson, another ill the prisoner', then rose, and said, wi; h great indignation, " My Lord, let that psOured villain be turned out tit Corot" Mr. Hyden immediately withdrew from Court. The Earl of Harrowhy was then called, and repeateti his former et iilence. John Baker, tie butler to the Earl of Harrowbv, cor roborated his Lordship's evidence Richard NI ly and Georoe Caylock proved the pre settee of the prisoner hi Cato.s.reet ou the evening on which the plot was discovered. George 1111111% ell, Jame.- Ellis, Thomas Westcott, and o th e rs beiiiii a ing itt the le.hce-office in Bow -street, %sett then txationea d , to the seizure of ihe gang in Cato street. Lient Fozelarence re l ieated the evidence which lit had given On the homer utak. Mr. Gnn:et then stated to the Court, that the Case for the prosecution was closed, ex c ept so f ar .is re l a t t ql up t h, examination of the arms, :motto:it ion, Sic., w h!ell oad been seized iu Cato- ire, t , or on the ptrill , St , of .11ts con spirators. As it vomitl be. most prod, to to ex.mont them by day-light, he hoped that the Court would ad journ their examination uutil the morrow. THE NATIONAL REGISTER. The Lord Chicf-Baron acquiesced in the proposition, and adjourned the Court till to-niorrow morning at uinc o'clock: During the whole of the day Brunt was engaged in taking notes of wnat occurred; so also were two of the oilier prisoners—Harrison and Wilson. TOSIDAY, APRIL '25. At nine o'clock, the Lord Chief Baron, AIL Baron Garrow, and Mr. Justice Richard-on, 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 nut was quite firm and composed in his demeanour. The witnesses examined to-day were, Geo. Ruthren, Hector Morrison, Samuel Taunton, and Sergeant Han- SOU ; and with their examination the case fur the pro secution closed. It was then directed that the muskets, pikes, swords, and hand-grenades, which had been taken either at the house in Cato-street or at the lodging of the conspira tor-, and which had heels submitted to the impection of the jury, should be removed out of Court. "l'he execto iou of this order excited souse slight confusion its the Court. As soon as a cooversation respecting the accommoda tion of the students had terminated, Mr. Curwood lose 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. Curwood stated, that he was to contradict part of the testimony given by the witness Hyden, in his cross extminatioa. Mr. Gurney then read his notes of the evidence in question, from which it appeared that the answers of Hyden 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 Baron referred to his notes, and confirmed the statement of Mr. Gurney. Mr Curwood, tinder 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 indictment of high treason. He concluded his address, in which he displayed much 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 Counsel have concluded their veryosble defence; but if you wish to say any thing on your own behalf, this is the time. Brunt then rose, and with a firm voice said, that a written defence had just been put into his hands; bit, as Ile had not had time to read it, lie would make a few ob stir/aliens on the evidence. He then stated the origin of his acquaintance with the witness, Adams ' and attempted to impeach the whole of the witnesses who had appeared against him. He alluded to a person, in the list of wit. messes on the part of Ilse Crown, whose name has often neen mentioned in the course of these proceedings, but who has not beers called upon. lie declared that he had been seduced by this man, and had often received refresh ment of meat and drink at Isis expense. He concluded an address of half an bum by appealing solemnly to God fur the truth of his asset Lions ; and declared tint, whatever might be his fate, he would not die unwoi thy a descendant of the Ancient Britons. Tke Solicitor-General rose to reply.—hie remarked upon the several parts of the evidence touched on by the C sal on the other side, and concluded with a solemn call upon the Jun y to give an impartial verdict, according to the evidence. The Chief Bawl' began to sum up a short time before two. While Isis Lordship was summing up. Brunt said, " My Lord, there are some of the %interim!, for the prosecution in Court, and as their hearing the evidence summed up may plejudire trial of souse of my fellow-prisoners, I hope your Lordship will °Mrr them to withdraw." Mt. Gurney—My Lord, they are only those witnesses who were permitted to remain by C0111111011consent; they are Use ulcers. The Lord Chief-Baron.—They are only those whom your Cututsel have consented to remain. Mi. Baton Garrow repeated the same observation to the 1- musses - , who bowed sespectfully to the Court, and re s M his seal. lite Lord Chief-Baron continued to sum up the evidence with great pircisitio to the coil. As soon as Isis Lordship conduits d, and before the Jury nor of !hens addressed the Court;—" My Lord, 1 Isom yens Lot stship will allow me to ask a question as Iu o joorti ut law." The I.old Chtel-Baron.—Cettainly, Sir, any thing you please. Juror.—fly Lord, we ate bound to take the law from your Lordshir, and no doubt you will give it to sic must um teeny. 1 wish to know o kett le' , if the Evidence bore out that an armanieut had taken place, and that there was . 1 r•iStalif./ 10 the civil power, would that, in the law, be 411.1,011,g 01 Mar. The 1.0f41 Cluel-Baron.—Undoithtedly.— After a short pause hits lordship 410 I 1110.1CISOOld the . l it.-save ri6101) Please to rep. al it awful. be Juts rypeotell the toestom, ;on.l los Wichita' , re plom, dent a tetosianre to the civil emboli)) , would mu emission's. a levy loss of war. he Jurto.-111) lota, it these was au armament for the purpose of inducing his Majesty to change his measures, Nuuld that be a levying of war? The Lord Chief-Baron.—That, gentlemen, would cols. stitnte a levying of war; and if you believe that it was proved in evidence, it would support the in under the set of his late Majesty. I pot only the first and third rooms to you, gentlemen, not to embarrass the case. Tht same J Kor.—Lworld wish to consider the whole of the (isope_your lordship will excuse my asking these questions. The Lord Chief- Hamm—Certainly, gentlemen, it is your pr..vince to consider the whole of the cue before you. You have also an undoubted right to ask any ques tions you may I hillk IlreC , PAry. The Jury then retired at 20 minutes before four; and ill Sham 19 minutes returned with a yes diet of Guilty ou the third and fourth counts. The prisoner's appearance was in no degree altered by the annunciation of the verdict. He bowed slightly to the Court, and way removed in the care of two of the genies 's assistants. In answer to a question from one of the jurors, they were told that their attendance would not he requited before Friday morning; but that the attendance of the other jurors would be necessary to-morrow (Ibis) morn- THE ATTORNEY-GONER/L, V. THE PROPRIETOR OF THE ORsERA ER NEWSPAPER. Before their tos4lships lett the ['pitch, The Atimnes-General begged to rill their attention to a subject which he had before he might to their notice,. Yesterday morning be had called the attention of their Lot &hips to the chi 1111 l Atelier. of a Saliday newspaper having violated their Lordships' order by publishing the reports of the trials. At the time he first mentioned this subject he was not in a situation to submit any mo tion on it; he had now an affidavit, violet' set forth tho purchase of the Observer newspaper front the servant of the proprietor, Mr. Clement, on the 24th mgt., at his sump in the Strand. If his Lordship should have airy doubt that the publisher was in ignorance of the order which was made, it would be removed by his reading from the Unite 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 publics thin of any of the trials until the whole of ' them were over.] He then continued. Under these cir cumstances he felt it Isis 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.—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, from a servant of Mr. Cie. 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-office, in 1616, in which be stated himself to be the sole publisher and proprietor of the Observer Sunday and Monday newspaper, at 169, Strand. The ATTO RIIEtr-GUNERAL now said, that this, accord log to the act of parliament, went to prove that Mr.Clr went was the proprietor of the paper. Lord Chief Baron HICR•RDS (after COMUI lug with IMO'. B Garrote and Mr. Justice Richardson) said, the Court think that nething eau be more prejudicial than the pub lication of aby part of those trials before the whole are finished, and it is highly improper that this should be the case after the order of the Cuurt. Mr. Attorney-General, take an order to have the publisher appear litre on Friday looming, ut the sitting of the Court, to answer for his con duct. The Court then adjourned at half-past 4 till 910-morrow EDMESDAY, APRIL it 6. Davidson and Thief 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 seine 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 on all the other trials. At live o'clock the evidence for the prosecution having been pone through, with the exception of the production of the arms, combustibles, &v., the Court was adjourned. THURSDAY, APRIL Y 7. The Court assembled 11114 morning at the usual hour. The anus, aMenuitition, &c. seized upon the persons of the conspirators, and in their r•_spective depots, were then touught in and laid on the tattle. Mr. Gurney declared the evidence for the Crown to he brought to a close. Mr.Curwood having conctuded his address, Mr. Adolphus called the witnesses for the prisoners. Mr. Baron Garruw then called on Davidson for his defence. Davidson denied his guilt, and concluded by saying he had been tinivs exposed to dau,t r u, nelialf of his beloved King and Country, and after that he would ask where wa the proliahiliiy o: his attempting to sub vert the best of all Coostinotions. Told, iii his defend, laid most of his itusforttines to acquaintance with Itoint, whnii b, had litiow:t since auout a month he *iire Christmas. Ile declared roust SOICIIIIII , I that lie knew main :g about the Cabinet dinner, or Inc plot they had iii contemplatilm, and mat lie had not holt in tile bldble ten 11111111 lea before the tillicei s came l Itinlll GarrOW tilt n proceeded to stini tip. The Jolty retired Mr 40 minutes, and upon their return, at hall-past eight o'clock, the For.dtian pronounced both the pribtoiers Guilty on the third Count, will; the racer. tion of the eighth and tenth (nen acts. Tne 'trimmers immediately withdrew f the bar. — !linked around 111111 aligrilv.—Davidson appeared lamer chearinl than otherwise. r. Cutwond now appluctl to the Court to behalf of who had, he said, before pleaded a misnomer, and aiterwards pleaded Nut Guilty to the indictment fur I II:4 , 1 ' file Learned Counsel now wished that he Clow, would permit him to withdraw ins insider plea, and plead Guilty to the kligit The Attorney-0 octal said he could leave 110 ol t jection. Baron Carron ordered him to he placed at the liar, and after admouiehitig him as to the nature of the coui,c, he was 14Q