The National Register. — London, England, 1820-05-01 00:00:00

ilill li? HIGII TREASON. OLD BAILEY, NIONDAY. Aram 24. The Court hiettig wet at nit Wiwi hoar, and the Judges, namely, the Chief "talon, Mr. Baron Clarrovv, and Mr. Justice Richardson, having taken their seats, the prisoner next in rotation, John Thomas Brunt, was placed at the Bar. and Mr. Shelton proceeded to call aver the pannels, the following persons were sworn on the Jury : Alexander Barclay, Thomas Goodchild, Thomas S. Altiersey, James He John Fowler, W orter, Gibbs Roberts, John Dickinson, John Smith, and John Woodward.- 36 Jurors were challenged by the Crown, and 35 for the prisoner. The Jury havitig, been sworn, the rest of the panuels were excused itmil Wednesday. Mr. Shelton then read the indictment, and The Attorney General rose at the conclusion of ` it, and, addressing the Cour t, s p oke as billows: 1 y Louis, 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, 1 ant sure, within your Lordships recollection, that bel'ore these trials commenced the Court desired that nothing which oc curred, either its 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 of this pro hibition, that it was intended to prevent any thing gointz . forth which might have a tende nc y to p rejudice any of the parties on trial, or any person liab'e to h, called on their Jury, in a case where men were on trial for their lives. that iojunction I think it right to state the whole of the tlaily press, I may say, most properly com plied. But yesterday, in a paper called The Ulmer, w rich 1 hold its my hand, the whole of the trial of Arthur Thisilewood is published, and a short account of the trial that followed of lugs. Tnis has been dune too by the publisher with a full knowledge of your Lord ships prohibitory injunction, for he actually publishes what fell from the Court on that occasion in the very paper in winch he 11.1$ violated your Lordships' order. It is not Inv intention to interrupt the proceedings of the trials at the present moment b) submitting any mo tion on this most daring and flagrant contempt of the order of this Court; but, my Lords, 1 think 1 owe it to the dignity of this Court, as well as to the situation which.l hold, not to suffer the publication of these pro ceediogs to pass unnoticed. Undoubtedly, some pro ceedlog will be taken, when the means are furnished for bringing, tile matter forward in a proper shape, and wheat the mode of proceeding shall be d eter mined upon. Tile Learned Judge bowed , and Mr. Bulland 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 adtaressed 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 was now called, and examined by the Solicitor-General.—His evidence, with some little ad ditions, was in substance the same as that given on the two former trials. lo detailing some particular observa tions which he said fell from the prisoner, Brunt rose hastily from 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 hind on his breast) —1 can declare it with a sale 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 Mr. Curwood. The other witnesses examined were Eleanor Walker, Mary Rogers, Joseph Hale, Thomas Sharp, Charles Bis set, Henry Gillam, Edward Simps on, J. H. Morrison, James Allous, John Nlonument. After hint, Thomas Monument was the next witness examined. His evi dence corroborated that of his brother, John Nlon 'mem, who was afterwards recalled, sad examined as to certain facts. The next witness was Thomas Ryden, who repeated the evidence which he had given on former 'vials. Ile was closely cross-examitud by Mr. Curwood. After his examination had closed, he evinced a disp,sition to stay in Court, on which toe prisoner Brunt obstraed, " Nly Lord, the witness stays in Court." WIIMAI, the prisoners, then rose, and said, with great indignat i o n, " My Lord, let that pi rioted villain be turned out of Court." Mr. Hydcn Immediately withdrew front Court. The earl of Harrowhy was then called, and repeated his former.evidence. John Baker, the butler to the Earl of Ilarrowbv, cor roborated his Lordship's evidence Richard Mundy and George Caylock proved thc pre sence of the prisoner in .Cato-sireet on the evening on which the plot is as discovered. Georae Ituthsen, James Ellis, Thomas Wesicott, and others 'whinging to the police-office iii Row-street, were then examined as to the seizure of the gaud Caw. street. Lient. Fitzelarence repeated the evidence which he had given on the former trials. Alt. Gurney then stated to the Court, that the case for the prosecuoon was closed, except so far es related ill tut examination of the arms, amniuniiion, Litc., which had been seized in Cato-street, or on the premises of the con spirators. As it would be most prudent to examine them by day-light, he hoped that the Court would ad journ their examination until the morrow. - THE NATIONAL REGISTER. The Lord Ctiief-Baron acquiesced in the proposition, and jtijourtsed the Court till to-morrow morning at nine o'cloeL. During the whole of the day Brunt was engaged in taking notes of weiat occurred ; so also were two of the prisouers—Harrison aid NVilstm. • TUESDAY, APRIL 25. At nine o'clock, the Lord Chief Baron, Mr. Baron Garrow, and Mr. Justice Richardson, entered the Court, which was hut thinly attended. I ediately after wards John Thomas Brunt was put in the bar, and accommodated with a chair, as he had been the day pre% iously. lie looked rather paler than he then did, nut was quite lirm and composed in his demeanour. The witnesses examined to-day were, Gem Ruthven, Hector Morrison, Samuel Taunton, and Sergeant Han son; and with their examination the case for 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 tors, and which had been submitted to the inspection of the jilt - v. s hould be removed nut of Court. The exeetinou of this order excited souse blight confusion in the Court. As soon as a conversation respecting the accommoda tion of the students had terminated, Mr. Curwood rose to address the Jury on the part of the prisoner. Mr. Curwood contended 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 llyden, in his cross examination. Mr. Gurney then read his notes of the evidence in question, from which it appeared that die answers of Ryden 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 cotafirmed the statement of Mr. Gurney. Mr. Curwood, 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 indictment of high treason. Ile 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 very able 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 heen put into his hands ; but, as he had not had time to read it, he would make a few ob servations on the evidence. lie then stated the origin of his acquaintance with the witness, Adams, and attempted to impeach the whole of the witnesses who had appeared against I • . He alluded to a person, in the list of wit• messes on the part of the• Crown, whose name has often been mentioned in the course of these proceedings, but who has not been called upon. He declared that he had been seduced by this man, and had often received reftesh ment of meat and drink at his expense. He concluded an address of halt' an hour by appealing solemnly to God for the truth of his assertions; and declared that, whatever might be his fate, he would not die unworn thy a descendant of the Ancient Britons. The Solicitor-General rose to reply.—He remake(' upon die several parts of the evidence touched ou by the Counsel on the other side, and concluded with a solemn Call upon the Jury to give au impartial verdict, according to the evidence. The Chief Baron began to sum up a short dine before two. tt bile his Lordship was summing up, Brunt said, " My Lord, there are some of die witnesses for the prosecution in Court, and as their hearing the evidence slimmed up may prejudice the trial of some ut my fellowinisotters, hope your Lordship will order them to withdraw." Gurney—My Lod, they are only those witnesses who were permitted to terrain by common consent; they are the officers. The Lord Chief-Baron.—They are only those whom your Counsel base consented to remain. Mt. Bet on Gal now IT pro led tilt some oh•ervation to the prisoner, who bowed tespecltully to the Court, and re sumed his seat. The Lord Chief-Baron continued to sum tip the evidence with great precision to the cod. As soon as his Lordship concluded, and before the Jury retired, one of them addressed the Court :—"My Lot d, 1 hope your Lordship will allow me to ask a question as to a point of law." The Lord Chiel-Baron.—Certainly, Sir, any thing you please. Juror.—My Lord, we are bound to take the law from your Lordship, and no doubt you will give it to us most correctly. 1 wish to know whether, if the evidence bore out that an armament had taken place, and that there was a resistance to the civil power, would that, in the law, be a levying of war. The Lord Chief-Itaron.—Undonbtedly.—After a short pause his lordship said,—Gentlemen, do I understand the question rightly Please to repeat it again. The Juror Ivpcated the' question, and his lordship re plid, that a resistance to the civil &Windily would not constitute a levying of war. The Jet or.—My lord, if there was an armament for the put pose of inducing his Majesty to change his measures, would that be a levying of war? The Lord Chief-Baron.—That, gentlemen, would con stitute a levying of war; and if you believe that it was proved in evidence, it would support the itodietment under the act of his late Nlajesty. I put only thr first and third counts to yon, gentlemen, not to coati's ra.s the ease. Tht same Juror,-1 would wish to considel the whole of the indictment. 1 hope your lordship will excuse my asking these questions. The Lord Chief-Baron. —Certainly, gentlemen ' it is your province to consider the whole of the rase before you. You lot , also an tandoubted right to ask any goes -1 you 111.1‘ thick necessary. The Jury then tensed at 20 minutes before four ; and in ;thole lo minute , : ri mined with a verdict of Guilty on the third and fourth counts. The prisoner's appearance was in no degree altered by Ilse annunciation of the verdict. lie bowi•d slightly to the Court, and was removed in the care of two of the Gaoler's assistants. In answer to a question from one of the jurors, they were told that their attendance would not be required before Friday morning; but that the attendance of the oilier jurors would be necessary tomorrow (this) n►orn- ing. THE ATTORNEY-GENERAL, v. THE PROPRIETOR OP THE MP OBSER E'ER NEWSPAPER. Before their Lordships left the bench, The Attoinev-General begged to call their attention to a subject which he had before brought to their notice.... Yesterday mornitig lie had tailed the attention of their Lordships to the circumstance of a S lay newspaper having violated their Lordships' older by publishing the reports of the trials. At the time lie that mentioned this subject he was not in a situation to submit any mo tion on it ; he had HOW an affidavit, which set forth the purchase of the Observer newspaper front the servant of the proprietor. Mr. Clement, on the 24th inst., 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 emnstances he felt it his duty to bring the matter to their notice, as he considered it a most wilful and during vio lation of the order which their Lordships had, with the most humane view, issued on the tirst flay 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 Got hear their names), who deposed that they had purchased the Observer, at 169, Strand, 1 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.. 1. Clement. at the Stamp-ntfiee, in Isl 6, in a hick lie stated himself to be the sole publisher and proprietor of the Observer Sunday and Monday newspaper,at 169, Strand. The ATTOtt 8 EY-611NERA L now said, that this, accord tug to the act or parliament, went to prove that Alr.Cle ment was the prom loot. of the paper. Lord Chief Baron IttcuaßOl (after consulting whit 'Mr. Baron Garrow and Mr. Justice Itirhardsoo) said, the Court think that nothibg can he more prejudicial than the pub lication of any 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 Court. Mr. Ationwy-General, take an order to have the publisher appear hire on Friday morning, at the sitting of the Court, to answer for los con duct. The Court then adjourned at hulf-past 4 till 9 to-morrow EDNESDAY, APRIL 96. Davidson and Tidd were put to the Bar, to he tried upon an Indictment precisely similar to those upon OftliCit 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 saute ingenuity was displayed by the Counsel for the .defence as on all the other trials. At five o'clock the evidence for the prosecution having been gone through, with the exception of the production of the arms, combustibles, ht-., I he Court was adjourned. THURSDAY, APRIL The Court assembled this morning at the usual hour. The arms, aminuoition, &C. seized upon the persons of the conspirators, and in Marie respective depots, were then fir,ugilt in and laid on the table. Mr. Gurney declared the m 'deuce for the Crown to he brought to a close. Mr. Cut wood having concluded his address, Mr. Adolphus called tile witnesses for the prisoners. Mr. Barou Garrow then called on Davidson l . or his detence. Da% idson denied hi; guilt, and concluded by saying he had been fifteen tin e.s exposed to clanger its behalf of his beloved Kiug and Country, and after that he would ask where was the probability of his attempting to sub vert the best of all Constitutions. Tidd, his defence, laid most of his misfortunes to his acquaintance with Brous, whom he had known since about a month before Christmas. lie declared most solemnly that he know nothi!ig about the Cabinet (wilier, or the plot they had in cootemplation, and that lie had not been in die staule ten minutes before the officers Caine Mr. Baron Garrow thin proeimded to sum tip. The Jury retired for 40 minutes, and upon their return, at half-past eight o'clock, the Foreman pronounced both the prisoners Guilty on the third Count, with the exeer don oldie eighth and tenth overt acts. Tile prisoners immediately withdrew from the bar. — Told looked around hint angrily.—Davifkoll al'Pejt ed rather dwarfed than otherwise. Mr. Curwood now applied to the Court in behalf of Wilson, who had, he said, before pleaded a itlistionicr, and alierwards pleaded Not Guilt y to the indictment f or High Treason. Learned Counsel now wished that the Court would permit him to waltdraw his former picas and plead Guilty to the High Treason. The Attorrwy-Genetal said he could have no of mina. Baron (Jarrow ordered him to he placed at the Bar, and after admonishing him as to the nature of the course, he was