The British Press; or, Morning Literary Advertiser. — London, England, 1803-02-10 00:00:00

11..• A ; seven was to corns into Parliament. He asked me about Windsor Castle, and what kind of a place it was. I told him I did not know. I only had been through the cloisters to the cathedral. He asked me what plate there was ; and whether it was silver or ;old. I did not know. lie gave me a card. I read st ; and offered it him again. He would not take it, and damned my soul, and desired me to kiss the book. I put it to my head, and then threw it to him, and it fell down. The card produced is the same in substance. He asked me to let Lim leave a book at my lodgings. He said it was one he did not like to leave at the barracks. He ()tiered me Js. or Ss. 6d. to come to London, and 201. the day I should be called upon to When I asked him to what purpose, he said, to fight 'and break the chain of bondage and slivery. jobn (examcard iy Mr. G Rao w.)—l a m a soldier in the Guards. I know one Wood. He :hewed me a card, and said, will yon agree to this, and abide by it ? It was in size like this. He told me there were upw-ards of one battalion of the Third, lying in the Tower, that had already en gaged in the Constitutional Society, and about thirty of the First. Upon coming to toun from Windsor, I saw Wood and Francis. They pro posed to me to go to the Hand and Windmill, as it should cost me r.othing. It was the second Sunda'y after the battalion came from Windsor. I sat in the tap-room, but afterwards went up stairs, and found abort eighteen soldiers, and three men in co loured clothes. They we-e drinking, and the toast was, " May the wings of liberty never want a fea ther," whichwas drank by the company. Wood said, when the witness returned the card at Windsor, the King must be put to de.tth. There were present, Francis, Morgan, Newman, Robertson, Msyhall, Brown, and many others. John Franc;s told me, when we returned to London, he should receive Ss. 6.1. a day. I saw them once afterwards, at the Bleeding Hart, Charles-street, Hatton-garden. Francis and Wood were both there. Croieexam ad by Mr. GUNNEY.-1 have been a soldier two years and eleven months. I have been punished. I received 200 lashes for absenting my self from my post. Robert Tombuox (examined by Mr. COMMON SLR VANT)...--4 am a soldier in the Guards. The se cond Sunday after I returned from Windsor, I was at the Hand and Windwill ; there were about forty soldiers. They were drinking. M'Namara asked me, if I would be sworn in ? I asked, fur what ? He said, free and easy ; to overthrow the present Government, and have the same as France. They asked me to come again on the Wednesday follow ing, but I told them, I should be on duty that day. ..7obo Robert, a soldier, deposed, that he had at tended a meeting at the Hand and Windmill. It was on a Sunday. As he was coming away, some body tipped him on the shoulder, and asked him to sign the call.' PeterPdlard, a soldier, said, he went to the Oakley Arms. Daniel Tyndal, a carpenter, with whom lie worked, desired me to go there. It was the 16th November last. John Exibbx (examined by Mr. G A It itow.)—l am a watchmaker, at Vauxhall. I was found at the Oakley Arms, when the prisoners were apprehend ed. I was first informed of the meetings by Lan der, about three weeks before. He asked me if I had heard any news. I told him I had not. He said something very particular was on the carpet. He asked me it I had heard of any society. I said 1 thought they were all ovet. lie said there was a party forming stronger than ever, and that they looked up to Colonel Despard as their head. It was on a Sunday when I saw Broughton. I was talking to Lander, and Broughton came up. I ob jected to the plan of overturning the present Go ...en m ant, what Broughton called men-eaters. Brutiirhton fl ew in a passion, and said they were sure o f' sttccess. He applied to me to form a part of the sc7i sty. I told him I would not; that I had my v if: and family to take care of. Ile pro duced palms to me. I read one of them. He said they were as a society for them to know their friends. They said, when the attack was made, all who were not of their principles, ....mild he put to death. On Friday, the 12th Nov. I remember being at tlt. Qe,:en's Arms, Vauxhall. Graham was there with tr.e. Broughton came and tapped Graham on the shoulder. He came to me and drank with me, and asked me to go to the Flying- Horse ; said there would be such a ni.:e man, I should be delighted with him. I asked who it was, and he said it was Col. Despard. He said the day was fixed for the attack to be made, when the King went to the House. The King, said he, will be stopped as he goes to the House, and the business will be settled. I believe he said the Tower would be taken. Broughton said he must go, because the Colonel was so punctual. He took Graham out. I made a pretence to g 6 out, and I heard Broughton persuading Graham to go. Broughton went away. Graham said he would be there in an hour, and I promised to go. He said I did not think of these principles. I no more; but I had a mind to go to see the humour of the busi ness. 1 went to the Flying Horse, and found Des pard, Brough:( a, Windsor and Smith. Windsor was there bel:ge I went in. I found them engaged in conversation. Broughton desired us to sit down. Graham sat by Colonel rd, and I sat by him. Windsor was speaking !fel:form of passing the keys at the Tower. He said that the praaice had been for the constable when he passed the keys, to say God save the King and Queen, and for the sen tinel to say Amen ; but this ceremony had been omitted for three weeks. I asked Broughton who Colonel Despard was? Broughton told me. I made an apology to Colonel Despard ; I bad not the pleasure of knowing him, but I had read of him in the Cambridge Paper. The conversation was about the Wet Docks, and the hardships of employing the soldiers to do duty there. I asked Colonel Des pard whether any particular business was in hand, and what he thought of it ? His answer was no thing ; only it seemed the wish of a great many people, that an effort should be made on Tuesday next, to recover some of those liberties we had lost. I asked the Colonel if he had any sufficient ground or force to go upon. He said yes, a very con siderable force indeed ; if the peo le come for ward in the way 1 have been given understand. We have great numbers in all p arts o the kingdom, Birmingham, Leeds, Sheffield, Manchester ; and in, near, and round London, the people are every where ripe. He said he had been engaged in this busi ness two years. I have travelled, said he, above twenty miles to-day, and the people wherever I have been are ripe and anxious for the moment of at tack. I asked him if be bad any regular organiza- tion. He said, no; a regular organization would be a mural impossibility, as it would be so near and under the eye of Government ; but in the country it would be more general. I asked him whether the attack was to be made in London and in the country, on one and the same day ? He said .no, by no means, that would be highly improper ; hut that it would be a signal to the country, by the stoppage of the mail coaches. Graham clenched his fist, and said with an oath, it *ill do no good un less you secure the whole of the Family. Broughton shook his head, and said, 0 that's settled. I asked him how it was to be done ? he said shoot two of the. horses, and the carriage must stop; then seize him. I replied, Do you consider that there are horsemen riding close to the window, who would instantly cut to pieces anv man who should approach—then who would do it? ' The Cololicl said, I would do it with my own hand! I recollect his saying, in some part of the conversation, ' I have well weighed the affair, and my heart is callous.' There was a conversation respefting the seizure of the Bank, and that the Tower should be taken. With respell to the Bank, he said the arms had been rendered useless, and were only about 600. I think it was the Colonel who said this. I recolle.ft Windsor saying, Give me an hun dred men, and I will take the Tower myself. I saw no more of the Colonel till the meeting at the Oakley Arms. Lander, in the morning, had been talking of having a division to march from the Power to New -street, to seize the arms of the East-India Company, and then go and assist in the attack on the Houses of Parliament, and another over Lon don bridge for the same nurpose. He thought it would he better to have couriers to ride backwards and for wards; and he said he had secured a house where he was to receive the report of these couriers, or aides-decamps. He asked me to write this plan down. I refused; and he looked surprised. I said I will go with you to the Oakley Arms, if you will introduce me. That evening, as I was going home with a clock, I met Broughton. Ile said, I under stand you are coming down to-night; he said, pray do, and don't be long. Going along I saw Lander, shutting ep his shop. He said, if I should not be long he would go with me. When I returned he was gone. I went to the Oakley Arms. About twenty-five minutes after I was there the officers carne. When I went, I was asked who I wanted? I said Broughton or Russel. 1 went up stairs: I judged there were snore than twenty. 'They were engaged in promiscuous conversation. I had not been long seated before Broughton said, My boys, we have got the completest plan in the world to do the business without any trouble: load the great gun in the Park with four balls, or chain-shot, and fire it at his Majesty in the coach. He'd be damn'd if it would not send him to hell. The expression shocked me. I said, Do you consider how many peo ple will be in the Park that day, and how many lives you will take away ? He said then, Damn them, let them keep out of the way. He said the cannon would play hell with the houses about the Treasury. Some said, the cannon would be too low; another said, it might easily be raised an inch. Some per son said, but if it misses his Majesty! Broughton replied, then damn him, we must man handle him. I rather think I had a conversation with the Colonel before this. I asked Broughton whether I might speak to the Colonel. I said to the Colonel, sir, you were speaking of taking the Tower. Lander says, would it slot be proper to have a divison there? He objefted to it, because he believed one half the East-India Company's men are our friends already; but, my good sir, we arc not sure that we can have the Tower; but if we have every thing— for there are arms to arm a great number of men snore than sufficient, and as to the Artillery-ground, it would not answer. I stated that it was intend ed to form a garrison to annoy the association. The Colonel said no; St. Paul's will be a better place. I told him that question had suggested a doubt about the flank, and I asked if he thought it would he proper to meddle with it? He said, surely the Bank ought to be the first consideration. He said, he could, from the Tower, burn the town and batter it to pieces. I overheard some one talking of destroying the telegraph. I said to the Colonel, do you suppose that will be be necessary ? he said, surely; for it is a thing that would of no service to us, but of vast importance to our enemies. Soon after these converses the officers came in. Crest-examined by Mr. BEST.—Admitted he was brought up in custody, and had been confined ever since his apprehension. Jlfary Plowman, landlady of the Fl sirs Hone public-house, at Newington.—l remember - hearing of the people being apprehended at the Oakley Arms. Two or three days before, there were about six assembled in her parlour, a little before eight. One bad a dark brown great coat, and an umbrella in his hand ; they went into a kind of kitchen, which we call a back-parlour; they appeared very much In private, and they drew a curtain. I heard one Man say, he had weighed every thing well within him, and his heart was callous. I know a soldier of the name of 'Windsor ; he came there : two were in the tap-room. I don't know who paid the reck oning. I gave the change to a little man, who gave it to the servant, and said he would have a kiss. Sir Richard Ford.-1 attended when Windsor was examined at the Treasury, and in consequence of the examination all the soldiers were taken up. This was the whole of the evidence for the Crown. Lord Er, sEsinoloucit.— Prisoner, would you wish to say any thing yourself, or do you leave your defence to your Counsel ? They are at liberty to speak in your behalf both as to the law and the fact. Prisoner.—My Lord, I leave my defence entirely to my Counsel. Mr. Serjeant ilesr.—Gentlemen of the Jury, It now becomes my duty to address you, on the part of the Gentleman at the Bar. You will easily con ceive it one of the most painful duties that can pos sibly be cast on a man standing in my situation : for, however unfavourable the case laid before you may appear, yet when it is recollected that it is my province to bring forward its most prominent fea tures, argue them in the most favourable point of view, and draw those inferences from them which shall induce you to acquit him of a charge that reaches his life, character, and honour---every thing most dear to him—every thing that can affeft him in this world and in die world to come, you must be sensible I have need of all that interest and atten tion, on your parts, which a subject of so serious and important a nature demands. if I did not feel that I was addressing you in a court of justice, where I have all those advantages which the Actor_ ney-General has enumerated i if I was not sensible :-~ I am assisted by the learned and noble Judge, who is by the constitution of the country equally with myself the counsel for the prisoner • if I was not ap pealing to a Jury who knew that the law, of which they are the guardians, is to be administered in mer cy, I should be incapable of performing the ardu ous task unposed on me. The leirned Attorney General has with great propriety tated, it is a principle in the administra tion of justice, that the greater the crime is, the greater should be the caution of the Jury in weigh ing the evidence before they deliver the person accused tie that vengeance of the law which awaits him in case they pronounce him guilty. It is no new principle. It is applicable to every case of enormity, and has been recognized by the ablest judges and writers. If it is true with regard to cases which only affect the public in a moral point of view, how much more so must it be in those in which you, as representatives of the public, are pro secutors? It is the peculiar misfortune of a person who is tried for high treason, that you cannot be indifferent to the charge against him. The offence is one which directly attacks Society itself, and those laws to which you look_ up for protedion. If it is necessary therefore, you should guard yourselves against that indignation which induces you to at tack guilt to persons accused of lesser offences, how much more ought you to act with circumspection in a case of High Treason, iii which you cannot avoid feeling an interest in delivering over the per son to whom it is imputed, to that punishment a crime of such deep malignity merits ? The learned Attorney General stated some of the advantages a prisoner has when put on his trial for High Trea son, and he mentioned this as one of the cases . ; I highly approved his observation. He said, those who planned the scheme of liberty the people of this country have enjoyed since the glorious Revolu tion, were Tensible that where the State was the. prosecutor, and sent into a court of justice the whole weight of legal talent against the acceised, that it was necessary the prisoner should have a greater degree of allowance and indulgence than if charged with a crime of lesser magnitude. This indulgence is certainly one of the most beautiful parts of the constitutioo. There is nothing shews the existence of that true liberty we enjoy in this country so much, as the fair mode of administering justice with regard to the trial of presumed mile tors : it presents the most amiable pidure of im partial jurisprudence—one which, if duly contem plated. will teach those if any there are, any who are hostile to our government and constitution, that if there is any country on the face of the habitable world, in which real liberty flourishes, it is in this. It is the only country in which those who are charged with an attempt to overturn the govern ment, and whatever is dear and valuable, have the least chance of a fair trial. For nsiother crime, even though it should embrace every species of atrocity, does the law allow a similar in,lulgence to a prisoner. If the gentleman at the bar Was accu sed of the foulest murder, I should not, as his Coun sel, have the liberty of addressing you. I make these observations for the purpose of sheaving you, that those who founded the laws with regard to trials for high treason, were convinced how neces sary they were to secure the subject from that ?re judice which such an accusation is likely to excite. Having made these observations,' I am persuaded it veil 4 be unnecessary for me to desire you to do tall YOU sett to divest yetirselvee a£ that prejedice you may be disposed to feel, and to do that which the laws of your country demand of you, and with out which there can be no liberty in the country. I mean to presume the prisoner innocent, until his guilt is clearly made out—till it is made cut, not by that species of evidence you have heard to-day, but by legal and due proof. Permit me to call your attention to some few rules of evidence which have been wisely adapted.to cases of this sort; some of them are applicable to cases in general, that come before criminal tribunals : that they will have .the sax lion of the learned Judges who hear-me, 1,. am persuaded. I would not state them, if I did not think so. I omitted to observe, that this is almost a question of fad ; and God forbid I should say, if the fads alledged are clearly made out, they do not amount to High Treason. The only question for the consideration of the Court and Jury will be, whether the different facts are made out by clear and satisfactory evidence ; and whether the treason has been manifested by the best evidence that could have been obtained, or by that sort of evidence by which it ought to have been proved. There is one rile of law which has ever prevailed, and that is, that treason cannot be made out by words ; it must be by ails, deeds, or writings. This is the principle of the ancient law, and by the statute 36 Geo. 111. on which this inditment is framed, the treason must be by writing or printing. Tints you see, that what is alledged to be treason is not to be made out by the mere declarations of the party accused. I do not mean so say that the parol testimony of witnesses is not to be received, but only that a man is not to be convicted of High Treason without concurrent proof by writings or deeds. But it may be saidewhy does the law allow it to be received, if it cannot be the foundation of a convidion ? I will tell you why. It allows it to be received to explain transactions, which in themselves would be otherwise inexplicable. I am about to advert to a book which I am aware I shall be told is not authority in an Euglish court ofustice. It is not, I admit, an authority on which a Judge is bound to ad, but it is an authority which must have weight, wherever reason and justice pre side. The learned man who is the author of it has expressed my opinion infinitely better than I can express it by any words in my power to use. Mon tesquieu, in his Spirit of Laws, speaking of 'Treason, thus expresses himself: " Nothing renders the crime of High Treason more arbitrary, than declaring people guilty of it for indiscreet speeches, Speech is so subject to interpretation ; there is so great a difference between indiscretion and malice, and fre quently so little is there of the latter in the expres sions used, that the law can hardly subjed people to a capital punishment for words, unless it expressly declares, what words they are which render a man guilty. Words do not constitute an overt aft, they remain only in idea; they generally, when consider ed by themselves, have no determinate signification ; for this del en Is on the tone in which they are ut tered. It often happens, that in repeating the same words, they have not the same meaning. 'I his meaning depends on their connedion with other things, and sometimes more is expressed by silence than by any discourse whatsoever. As there can be nothing so equivocal and ambiguous as all this, how is it possible to covert it into a crime of Hieli Treason ? Wherever this law is established, there is an end not only of liberty, but even of its veil shadow. It is impossible thtt the ideas of any Eng lish lawyer could be more clearly or better expressed. If a man was to he accused of going to a public market, to excite the people to revolt, five hundred people might be brought to prove that he did such and such particular eats, or he might bring the sanie number to prove he did not du them ; but what would he do if he was brought to trial for those aas, which he could have no opportunity of contradiaing ? for what passed in a private room, in the midst of persons of a'description so infamous as ahose who have been produced upon the present occasion do ia tell me that the law as defined admits of construing e treasons, when the law says you can onlyconvia un overt acts. lam awarethat going to a traitorous ne ing is an (mat act, but with great submissiqn to the AtterneyGeneral,heisbeggingthequestion; idebefore he can say that attending a meeting is High Treason, he must shew me that it is a treasonable meeting. Something else than the bare meeting must he ante t to shew me that it is an overt aft of High Treason. You have no legitimate proof that any meeting Co lonel Despard ever attended was a meeting for trai torous purposes. There is writing in this case I ad mit. I could explain that writing, if I was called upon to do so, but I am not driven to the necessity of taking notice of it. Ido not care whether that writing is treasonable or net, for it is in no-ways connected with the prisoner, except by the evidence of William Francis. There is not an atom of evi dence besides his, to affect the gentleman who stands at the bar. 'lle only evidence against him is, th tt he attended one meeting ; namely, that meeting et which he was apprehended; for as to his attendance at air: other, it is proved by witnesses, whose testi mony, I will undertake to convince you, if it eau be for a moment believed, there is not a man whose fame, fortune, or life, can be safe. Let us contra';t this ca.e with those which have occurred before, and see whether it is not materially different from them. In the case of Christopher Layer, what was the evia dence ? Did the 'Counsel for the Crown content themselves with calling evidence to prove that the prisoner attended meetings No : they proved that arms were found, and they proved a plan, in his own hand-writin:g, to overturn the Government of the country. In all the Other cases I venture to appeal with confidence to every one who heats me, whether, in any that have occurred since the Revolution, fur I will never admit that a precedent is to be drawn from what passed before, et a period when Judges were objects of suspicion, and not as they are now, objects of admiration, and as eminent for their in dependence as their learning. From the period of the Revolution, then, I ask, whether a single solitary instance can be found in which a man has been con. victed of High Treason by merely sheaving him to have attended a meeting, without, at the same time, proving acts indicating that crime ? Ido not mean to say that any thing is necessary to be done towards the immediate accomplishment of the Treason, but a Jury ought to require it to be shewn that the accused at least had the means of carrying the design into etteution. I can conceive 'a case in which treason would be complete, though it was only in preparation. That case is, where a treason was meditated, which it required time to ripen, and where the moment of action was at a distance. Ac cording to the evidence, this was not that , incohate species of treason, bat , the account given by the witnesses, it . appears the treason was not Only conceived; but at the moment of being carried into execution; and though witness after witness hiS been called, no one has pointed out where there were any arms, ammunition, or the means of its being at tended 'with any probability of success. Though the object was the taking the Tower of London, the first fortress in point of strength in the kingdom, and from which you are told the prisoner said he could batter the town to atoms, yet you do not find that he had at single instrument ready to effect this design, rave' a few tobacco-pipes, or that the whole exchequer of . the conspirittors amounted to more than las. Bd. If such a conspiracy had ever been proved by people of a description different from those whose evidence you have heard, would you nut say, the whole stogy was too improbable to be in titled to belief. You have none of the writings brought home to Colonel Despard ; but it may be said, he was so cautious a'man, that he would take care their contents should nut attach to him ? Cars the Attorney-Gene,rel be permitte'd to say this ; can he represent the prisoner as a cautious and incaa tious man at the same time ? It is impossible that man should be described • as cautious, who is re peatedly found, according to the testimony of the witnesses, talking to every stranger he meets, upon subject which he could net but be aware, if deve loped, must affect his life. 1 come now to a topic which is tne most important of any one I have to address you upon, and it is, that it is a rule of evi dence not merely applicable to High Treason, .btit every other crime, that the case should be inade out by credible witnesses. It may be put to me—Do .you mean to say, that witnesses who are accomplices - ought not to be received ? Certainly they ought ; but I think I can state the line which constitutes the utmost extent to which their evidence .is intided credit, The evidence of an accomplice is intitlea to credit, where it explains a transaction white Ilea beenprovedby other witnesses. Thehumanelanguage of the law ofthis country is, thatit is betterninetvine guilty persons should escape justice, than that one in nocent man should suffer injustice. The testimony u t accomplices then ought not to be received till after a crime has been made out by others. Let the ask you, if one tittle of proof has been adduced its this case, except by the evidence of accomplices ? ter,any one circumstance alleged against the prisoner et . t. the bar, except his being present at the meeting at the Oak ley Arms. If so, it is not the case of - Colonal DCa pard I am pleading, but; of every individual... , The principles upon which the law and English 'liberty a.e founded, are those which afford ptutection against foul charges in courts of justice. Pam ar. guing before yoU a rule of evidence, which your selves and the most innocent persons may want the protection of. After you have exercised the im portant and constitutional funaion with which yoU are colleaively invested, you must individually de scend to the rank of simple citizens, and your Eves and properties may be liable to ,be attacked by evidence similar to that which has this day been pro duced against the unfortunate gentleman at the bar —lt must be admitted, that only four of the wittier sea for the Crowe, in the least degree, go to affeat the prisoner ; those four arc, Windsor, Blades, Francis and Emblin, and I think I am entitled to say, that not one of these persons have a right to the lust degree of credit, I way be aeld, that • -. •+►•~ , a ~ ~' T ~" . .i: CO, 4 Alt 1 ~3 Aff‘ : A ,