The National Register. — London, England, 1820-04-03 00:00:00

jritr No. 1,231L—V0i.. XIII.] HIGH TREASON. MIDDLESEX SESSIONS-HOUSE. CLEItEENWELL. MONDAY. MARCH 27. This being the day appointed for preferring to the Grand Jury of this County the Bills of Indictment against the Conspirators apprehended in Cato-street, the Grand Inquest was assembled at nine o'clock ; the officers of the Crown were in attendance, also the High Sheriff of Middlesex. The witnesses thirty in number, amongst whom were Monument, who has been confined in the Tower of London, and Adams, who was detained in St. Martin's watch-house, were in waiting in a room by themselves, and in another room were the pike-handles, 38 in number; the arms and ammu nition which had been seised, as well as in Cato street as in other places occupied by the con spirators, were also collected, is readiness to be produced for the satisfaction of the Jury. At ten o'clock his Majesty's Attorney and Solici tor-General came into court, and shortly after wards Sir Charles Abbott, Lord Chief Justice of the Court of Kings Bench, and Sir Robert Dallas, Lord Chief Justice of the Court of Common Pleas, two of the Commissioners named in Special Com mission fur this occasion, took their seats on the Bench. Proclamation was then made by the Crier in the usual form, when Lord Chief Justice Abbot deli vered the commission to Mr. De,altry, the clerk, in court, to be read, and it was read accordingly. The names of the Grand Inquest were then called over, and 23 gentlemen were sworn as the Grand Jury, by Mr. Abbott, clerk of the Nisi Prins. Proclamation having been made by the crier for silence, The Lord Chief Justice Abbott delivered the folloviing charge:— " Oeutlemma of the Grand Jaye...We are assembled on this occasion. under the authority of his Majesty's special commission, for the purpose of hearing and inquiring into certain Bills of Indletmeat, which will be laid before you, charging certain .persons, first, with high treason; se. voodly, misprision of high treasons and thirdly, to inquire touching the wilful murder of Richard Smithers, and any other crime or offence touching the death of the said R. finishers, and any other offence or offences against, douching. or conceruing the posons of Frederic Fusels. rence, William Legg, James Ellis, John 811111111% William Westcott, William Charles Brook, John Mod tuck, and Benjamin Gill, or any of them, contrary to the form of an Act made and passed in the 43d year of his late Majesty, intituled " an Act for the further prevention of malicious shooting, or attempting to discharge loaded fire aria, stabbing, cutting, wounding, poisoning, and the malicious ration of means to procure the miscarriage of women, the malicious setting fire to buildings, and other offences therein mentioned ;" and, Gentlemen, it has become my duty to offer for yoursconsideratioso some remarks touch ing the offences charged against the parties in the Bolls of Indictment. which shall now be ',teamed for your deli. beration. Gentlemen, the clauses open which the charges of high *season hi those bills are fouuded are to be found in the statute of the 25th of Edward 3d, and in another statute of the Stith of his late Majesty. By the first of those statutes it is declared to be high treason, when any person loth imagine or compass the death of the King, or shall attack the person of the King, or attempt to depose him from the crown of these realms, or shall levy war against his Majesty, or attempt by force to oblige bun to change the measures of his Government, or shall by threats or tumult attempt to ovvrawe Ins P.rlia. m e et in their pram-dings, each of the petunia so offend ing shall be deemed guilty of high treason. and soder the penalties incurred thrreliy. Yon will, therefore, Gentle men, deliberately isiquie, whether the charges so intuited to your cousideration shall be proved to your satistaction, imputing Mille parties the r rime of imagining and com passing the King's death, or intruding to imprison his person, or depose him from the throne of these realms, or levy war against him; and it may tie necessary to observe to you, that it is further enacted by the statute last men tioned, that if II party shall express his opinion by writing or Printing in aid and fin doiratiee of stick treasonable purposes, he shall Meru also the guilt of high treason; for the law bas provided, that in eases of this 'More, the intention shall cististitsit e the mime ; tint it does, at the game time. termite, that the guilty intention shall be ma nifested by sonic act of the party to evince his eri 11l itt al purpose. Before the loassing, of the late statute, accordisig to the upimttuts Of all the 11111• • en i i iii nit test-wtiters upon this subje et, it was held to lir the law of this land, that all persons guilty of used acts for e iris -log or ituag• • g the King'. .1. 4115, «ere KnuthOf high treason ; anal ny the late Act, ally al.empt to restE4lll his ;seisms, or to levy war against him, or to Oilier him to chasige the ineasuren of his Government, is hi:oi 114,1%0:U It may lie also requisite for Inc to state to you, that it is be no means necessary, ill order tly Collsitillte the levying of war, thrt the parties 'Mould al; pear it: o f VII :114..y ~!* arms. 'me i ) makes its gist ir l ipesti w•t• ey a display of military fro ; but begins by secret lit eparattiotomil proceeds toy degrees. But, as I have already Slated w yoll,ally attrmll Ii does to overawe his Majesty or his Gus e runikait, is of itself an MONDAY, APRIL 3, 1820. overt act of treason, and all the parties acting in ald of such a purpose, are equally guilty. In tlik crime, the law allows of no necessaries, for all parties so offending are deemed priaciaals. His Lordship having laid down the law as affecting high treason. neat proceeded to define misprision, of treason, as a wilful concealment of any treason existing against his Ma jesty, but in order to constitute the guilt of this crime, by which the party ofending Wes/reed the loss of his estate and property, and other heavy penalties, It was necessary he should actually know of the treason existing, fur mere hear say without (*other knowledge would not expose him to the penalties of concealment. Bat every !opal subject would feel it his duly to communicate to the meat magistrate every thing which came to his knowdlege respecting such treason, in order that measures might be taken to bring to justice the parties concerned. Hir Lordship then pro ceeded to Jane the laws as it. affected the other crimes charged in these hide of indictenenc—First, with respect to the murder of &withers, the law protected no house, except a dwelling-house., against the forcible entry of the officers of justice for the apprehension of parties charged with felony; but, in this case it would appear that the parties were assembled, not in a dwelling-house, but in the loft of a stable in an obscure street, and that the °facers upon their entry announced to the parties iheubject of their coming. and called upon them to surrender, which they refused to do, and, as it was stated, fired their pistols nod presented their weapons against those °Seers in resistance to them, while in the e tion of their duty. The law considered this an act of unlawful resistance. If any ma gistrate, or officer of justice, called upon the persons so /assembled eo surrender themselves to justice, is any tone of language that was audible and intelligible, and that the parties refuse and resist by force, if an, death shall accrue in consequence of such resistance, it was murder in the eye of the law. The next point respected the discharging of dre arms against the several parties who were siding and assisting in the apprehension of those men; and this act, by a Sta tute of his late fil qjesty (Lord Ellenborough's Act) made it a capital offence fur any one to shoot at, or wound any person whit/sawyer in such manner, that if the pa ' o shot at or wounded. should die,the ofeiader might be convicted of wilful murder. His Lordship concluded by desiring the Jury to inquire, with the almost calmness and deliberation, into the nature and circumstauce4of the charges before them; to dismiss from their minds all impressions which might have hefts made by previous flagmen ; sad he had the fullest per. suasive that their decisions would be governed by the dic tates of their own baits and consciences. The Jury them retired to their room, and proceeded to examine the witnesses.. After the witnesses had been sworn, the Judges • adjourned the Court till twelve o'clock the next day. The Jury remained nearly an hour before they called any of the witnesses before them. The first examined was Mr. Bouchier. Solicitor for the Tres. sury, and be was succeeded by Adams, whose dis closure, as to the conspiracy, has been of the most minute description. The Clumeellorof the Exche quer was in attendance as a witness. Firth (the cowkeeper,) one of the rimers in the house of correction, is so much in aced that little hope is entertained of his recovery. TSJSWAY, rumen 26. The Chief Justices of the King's Beach and the Cements Pleas, and the Attorney and Solicitor Generals, took their respective seats in the Court Won after twelve o'clock. At a i at.past two, thefirand Jury enemed with true bills for hh !ream/ ageing Arthur ThietieWood, William Davidso ig n, James Inge. J. T. Brunt, I. Tldd, J. W. Wilson, J. Har rison, K. Bradburn,J, S. Strange. J. Gilchrist and It. C. Cooper. The bills for high treason against Abel Hall and ft. Cooper were ignored. the Foreman then requested, in the name of the Grand Jury. that his Lordship would permit hit charge, delivered yesterday, to the grand inquest, to be printed. The Lord Chief-Justice replied that every attention would be given to their request, hut that it was not convenient for him to accede to their desire at present. He wished to consult with Isis brother Dullas, and the other Commission ers; but the gentlemen of the Grand Jury might feel assured that their request would be considered. His Lordship then expressed to the Attorney-General his wish that the persons against whom true bills had been found might base intimation, without the trouble of coming into Court, that their /Morales and counsel would have ready access to them. The Attorney-General sold he would attend to that, and see that every facility should be given to their commenication with their legal advisers. MARCH 29. This morning, at twelve o'clock, the Court was opened, pursuant to adjournment from Tuesday.— Chief Justice Abbott alone took his seat on the Bench ; the Law Officers, several Magistrates, and a few spectators were a lso present. Immecliately after, proclamation being made in the usual tcnns, the Grand Jury entered, and delivered the remain ing bills which had been laid before them to the Clerk, who stated the result of their investigation to be as follows : Trua bills tbr murder found again:t A. Thistle wood, J. T. Brunt, It. Tychl, J. W. Wilson, J Harrison, J. S. Strage. The bills for murder not found as to W. Davison, Ings, It. I3radborn, A. Hall, It. :yeorge, J. Gil christ, C. Cooper. 7‘ atonal rgiOttr+ Our ding, ft on4titution anti labni. [Paws 9441. True bills for feloniously shooting with intent to kill, found against J. Ingo, It. Tidd, J. W. Wilson. A. Thistlewood. The Chief Justice then informed the 'Foreman that it was not intended to prefer any other bills before them at present, and that they might con sider themselves as discharged from the trouble of attending there at present, unless they should re ceive a special message to that effect. By direction of the Chief Justice, the Court was then adjourned till Saturday the 15th of April next, at half.part nine o'clock in the morning. REWARDS FOR NGER RESCUIN SEA. PERSONS IN DA AT The subscribers to Lloyd's have lately voted, upon the recommendation of their committee, the following sums from their funds, to reward parties for saving the crews of vessels, at the hazard of their own lives, via:--; 801.—to boatmen at Yarmouth and Gorleston, for saving the crew of the Litona, Stobie, hum Dundalk kr London, wrecked on Girton Sand, 3d March. 501.—t0 boatmen at Deal, and 501. to boatmen at Ramsgate, fur saving the crews of the Friendship, of Hastings, and the Flora of North Shields, which ves sels were wrecked on the Goodwin Sands, 3d ult. 301.—t0 boatmen, for saving the crew of the Ruby, of Newcastle, Hogg, from Cardiff to London, sunk near the Reculvers, 3d tilt. 301.—t0 the crew of the John and Mary of Sander land, for saving the crew of the Thistle, of Dundee, upset in Sutton Wash, 3rl ult. 301.—t0 Ramsgate, and WI. to Margate boatmen, for saving the crews of the Hope, of Weymouth, and Vigilant, of Sunderland, wrecked on the Goodwin Sands in I)eceinher. 51.5a. —t0 boatmen of Wiveohoe. for assistance ren dered to the crew and passengers of a vessel wrecked in January. It will be seen, by the following votes, that the sub scribers do not confine their liberality, on such oeca• 'ions to the reward of their own countrymen, not fur Unsaying of the lien of British subjects only 331.—t0 the Beni Sours, of Nantes, for taking out the crew and a passenger of the Friends, of Lancaster, Bragg. master: which ship they fell in with at sea its the greatest distress. sits Frenchmen, who went from Dieppe on the 3d ult., and, with the assistance of the Captains of two Brighton packets, and the master of an English merchant brig. saved the crew of the John and Du. rothy. of Shields, wrecked off Dieppe. 141. 14s.—to some Guernsey boatmen, for saving the crew of the sloop Rose Victoire, of Honfleur, in Ja• nary. NEW PARLIAMENT. MEMBERS RETURNED. Dire—Sir Charki Morgan, Lord 6. Somorset. Radnor — Hick. P ;fee, Esq. Yorkshire—Lord Milton, and J. A. Stewart Wortley, Esq. Cheshire—D. Davenport, Esq. and Wilbraham Eger ton, Esq. bedfordshires—Marquis of Tavisteck, and M. Ppm Esq. Devon..-Sir T. D. Adam', Burt and F. P. Thistard, E N . Preston—S. Horrocks, Esq., and E. Dorothy, E.+ Iladingtan (County)—Sir J. Grant Suisse ' Burt. Westmorelaud—Lord Lowther. Colonel Lowther. Sr. Michael-.. Wm. T. Money, Esq. Sit (1. T. bison] t on, Bart. Stlrlingshire—Sir Chas. Edmonstone. Perth—James Drummond, Esq. Aberdeenshire—James Fergusson, Esq. Peebles—Sir issues Montgomery. Resafrewshire—John Maxwell, jilts. Esq. Glamorganshire.—Sir C. Cole. Taunton.-..Alex. Baring. Esq. J. A. Warren, Esb. SCOTLAND. Srlkiskshireo—William Elliott, Lockhart, Esq. Elginshlre.—Col, F. W. Grant. IRELAND. Carlow—(Co.)—Colonel Bruen, Sir Ulysses Ilitrzh. Clare—Sir Edward O'Brien, Right Hon. W. V. Fitz gerald. Clonmell —H. M. Dawson, Esq. Waterford (County)—Lord 6. here,ford, and R. Power, Esq. Meath—Lord Demise, and Sir M. Somerville. Waterford (City)—Sir .11.1111 Newposs. Ross—John Carrell, Esq. Tippperary (County)—Right Hon. W. Begwell, Fins,. F. Fret tie. Down (County)—Viseonnt Castlereagh, Lord Al IL lir Hill. Monaghan (County)—Chas. 1 1 . Leslie, Esq. 11. West. ears, Esq. Sligo (County)--E. S. Coeper, E.q. Chas. O'Hare, E. 1. Wexford (Comity )—Lorst Stuplord, IL S. uas..vs. 1.• Cori: (Comity) Lord hi sig•hurougli, e.q. Ennsokittess-- 1 : Magt•Lis, Esq. i•xfottl—W in. NI ittlisin, P u negvl.—Eal I Moittitchisrirs, General Halt. Ma) o.—Domnick Brown Lsy. Jew= Blown, Eq.. ( / ;4.71 _t .-