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

r , 7 1 . 1.4111111 , -, jr.., . 4 * though each of these, separatelT, could not bring home a case of silt, yet, that altogether they prove cne. I feel the full force of wh.o. the So licitor General will ''say on this subject, in his reply. I admit, that if witaesses came from. dilferent parts, and all agree in the same stowy, they are, to a certain extent, entitled to belief ; but this observation, which ha, been constantly ruede, does not appiy to a case of conspiracy; lot *where men attempt t.) fasten a crime on ;mother for conspiracy, they will, of course, do it by a story which shall be slipperted by a concurrence of testimony. Men actilated by such an intention will take care, that in their narrative then shall exactly resemble each other. If the charge is founded in a conspiracy, it makes no difference, whether it is supported by an hundred witnesses or by a fiw ; it is not by putting a number of broken reeds together, that ye can im part strength to the bundle. If I slier that the transaction is altogether infa , !MIS, and that the witnesses have conspired to cirage Colonel Despard with that which belongs to themservel, it is your duty to acquit him. I conic now to a ground which is decisive of the case ; you have heard a tale which freezes one's blood with horror ; it is almost impossible for any man to listen to such a story, without being deprived of those faculties necessary to enable him to extricate the unfortunate c ,ecntle. men at the bar from thelabytinth in which he his, by the wickedness of others, been entangled. It was well said by the noble and learned Judge, in his address to tie Grand Jury, that it was not be cause a story was improbable that it was thereti,re not entitled to belief; but, that in proportion to its improbability, a Jury was bound to require more cogent evidence. 'lbis observation raised an in. creased respea in.niy mind tewards that venerable Judge. It was most applicable to the cause you are called upon to try. If this is an improbable case, it is your duty to require more cogent evidence to substantiate it. That it is an improbable one, no one who has heard the evidence can for a moment dote*. It appears that not more than fourteen per sons were assembled at an ale-house, with no other weapons but tobacco-pipes, and that their object was to oveethrow a government supported by as many millions. Had they any foreign connedions? No attempt has been made icy the evidence to infer such a theory. At the moment this mighty blow was to be snuck, it appears, they were destitute of means, and expected no assistance. Resources were talked of, to give an air of credibility to the design; but if there was any foundation for it in point of fact, how happens it that we have had no proof of a corresponding conspiracy in other parts of the country ? The invention of Cervantes, with regard to the extravagancies of Don Quixote, is nothing, compared with the folly of the heroes of the Oakley Arms. How was the plan to be put m execution ? With the enormous sum, as I have already mentioned, of fifteen shillings and eight pence in ;he conspirators' treasury. With what arms? not a pike, or a gun, or a sword, or any in strument of offence. The Tower was to be taken ; the Mail Coaches stopped ; the King was to be at tacked while surrounded by his guards, ten times mom numerous than ail the conspirators ; the Bank was to be invested ; the two Houses of Parliament svere t., be taken posseesion of, and all this by four teen men in £i.r lrani !It has been supposed that Co:0- nel nespard should have said, " that if no one else would do the deed, his single arm should attempt it."—ls this probable? I think I haec demonstrated to you, diet eo scheme ever was more improbable. Are we to be told, fleet a government, resting on a ieundetion calculated to make it endure for ever, is likely to be destroyed by a conspiracy formed at a low ale-house ? The whole conspiracy has been desallopetl, and yet it has not been shown that any nun of thus Last power or consc euence supplied it. If this be so, are you to be contented with the evi dence of four mcn who are entirely unworthy of credit? You may ask me, Do I mean to contend that no treitorons conspiracy existed ? I admit that ; but the question is, "nether the prisoner at the bar is a Traitor ?I believe there were people who thought it would lee a ;coed thing if they coeid seduce the Army to their interest, but they had not got to the length of determining what they should do with that army after they had seduced it. The Attorney Ceneial has supposed, thet it was contrition which made the witness, Windsor, disclose the conspi recy to Mi. Bownac. I rether think it was because he found his treason imprecticable, and he was therefere the more infamous in endeavouring to seduce others. I know of but one being who can be compartel to him. It is that evil spirit which is suffered to exist to deceive mankind. What credit can )ou give to a men who would seduce another into a situation of danger, in older to betray him ? It may he asked, if Treason existed, to whom (Lees it belon;;? I say, the nature of the Treason betrays its low origin. It has man:festly been latched by those who were not capable of looking to distant silica:. It is the Treason of thew enthusiasts, who do nut con:en:pi-de the obstacles they may meet with. It cannot have proceeded from the mind of a man who most have h,%•12 sensible of its iinprac ticebiliry. It could not be the scheme of Colonel Desperd, who I will shew you is a man of education. Ile may Le a nun irritated by disappointment ; but unless he is deprived of his reason, it is impossible he could ever have entertained so sk ild project. I will you, that he has been a soldier from his yoeith ; that lie has formed extensive schemes of codtpiest and defence, in the set vice of his country ; that he has been placed in situations in which it was necessary for him to calculate on the chances of mate) , success. if I was allowed to eineserate his particular services, I tollid shew you that he has braved every &Leger a malignant climate and a determined the could present ; that he has led the armies of this Country, in company with the gallant Lord Nelson, and has entitled himself to the thanks of his Sovereign and of the Colonies whose tranquillity he secured. He then observed upon the infamous characters of . the witnesses Blades, Wind ser, Francis and Etnblin, mid particularly dwelt upon the atrocity of Francis, who came forward as a witness, nut only against the prisoner, but his own brother. He said he had an idea of contradicting their evidence, but that he conceived it of such a nature, that a Jury could not attend to it. He then dwelt upon the amiable chereiter of the prisoner, observing that his former le e conduct wee incompatible with the atrocious ci,Arge alledged against hint—Aroma fit t "river fur -1 filing!. Thr fir.t witness ealc•l far the prisoner WAS I.orl Nelsen he In. examined by Mr. Gurney. 1114 Luni.hip d, h e k new Cotouet Despard ; that it twat swenty-them es a , : rtgo since be Saw him. lie ioetuase actosairgesi with bun uiJa!uaies, "lieu r. he was lieutenant of ate rtetelllues, when the French wake ex pezicd. Thum, ftom his abilities as an enginee', It cm-, plot el on very imps-tar-I emcee. The Loin Cuter .1 usr Ins said, he was bone to be ohliged to interrupt his Lordship, but thu Court could not with pro priety hear the . story of this gentleman's military life ; but his Lordship, from his observation of what he aaw, Might give hie opinion upon his character: Lord Nelson said, that.ie and she prisoner WC/IS on the same spot together in Jamirca in au expeditiao, and had shared to gether the tortune of war; had math; up their bed together, and slept in their clothes ou the ground together, and had ex amined the enemy's walls : on all these occasions the prisoner had conducted himself with astaidy and deteraiined courage, and no man could sh..ov more seal and attachment to his Snag.- ' reign and his country. He concluded with stating, tlia;. from every thing Le had seen of him, and from what he thought of him, he would say, that if he had not heard of him for the last twenty years, an I was asked what he thought of him, lie would say, it he itsaiiire, he is certainly ate of the brightest or :laments of the British artuv. Upon his cr —e•:amiiiatiosi by the ATTOIIRtT-GCt(rPA it Its 1,45:1511i7 s tit, that lie lia:hnoc known any thing of the Pri son o since the rear 1';g1); t'4t hr liad heart, of the charges arams: but knew !tithing of them, and that, indepen dent of those cilarg;s, lie had no reason to suspect him. • Gatteril Sir A. Clarke was then ca'led ; he sairlphe knew the prisoner extretne!y well, that he was in the service when he (the wittiovs; was Gustirwr of Jartrtiel, and that he was 4 Ift•Tv servic:able ofilcer. Ile stated some parts of the prisoner's con duct when he prig-ceded to tile Bay of Honduras, where he behaved with singular proprety. In short, he always conti d !red him is an intell.gent, goad, loyal subject, atura very brave, active ofEcer. On hit cruel-examination be the SO Li (I'MR G 1.15 EItA L, ho i said, be hasl known nothing of the prisoner fur the last 13 years. Sir E. Napcan said, he had Itneiwn the prieinn ever since the year 1754, and had was. euterraitsed a great res,iect fur him, until he was apprehend:A in conecittence of smile sustii- Cio/13 that felt upon him. When the prisoner came from .r e . :mica, he was Tee11111111:11diid . i 0 him with such strong ti.vtlino nials of merit in the service, that it. bacaute intimately ac quainted with him, and fr:quentiv invited him to his table, and always entertained the gveltest opinion of hint, believing him to be a man of the most perfect and honourable character, until suspicion fell udon hi she wound. of v. lUcli stispition he was never acqtrainted with ; but for the last four or live years, in conseq mince of ibex: suspiciale) LILA intimacy-bad' been discontinued. On his cross-examination, by Mr. Serireynt SnaPasao, he said, he hail not kn3wo, or hied any luterioiuse ivith the prisoner, since he becanic art ob,;ect of suspicion ; but Ole subject of that sits:Acton he was tinnily nnacquailitviiii 111.. Selicaut Sunnier) .1-kid the witless %timber he now be lieved the priaoner siNtle a man of goad character' He r.- i iited, that the only reason lee hart for emote:Mil any doubt upon the subject • as, that the pri , oner h falrn muter the sus picion of Government, and if he badmen kern •oisperttxt, he should have thought him a man of good charar . i.r. Mr. George Long was then called, but did not appear. The evidence fur the prismet being ctnaed, Mr. GotreLy rose' to cum it up to the Jury. 17e raid, it would be nintectssarr to eider -e upon the subjeft, h:e Learned Friend who had pr..cedcd him, had so able and so elo quently de. barged the atilitoui tusk which had hem s-.:teed to Itiiu. Ile contend ...4 that the osert gets which had been laid in the indirlineht ought to he proved by two r - edtb!e wit-. seisro, but in this ease, there was no evidence of any mat aft manifesting an evil intention, intlepemlant of the evidence of the aeconsplives. It wa; true that accompliccv had been examined in cases of Treason:at an times:, and had been: held to be not only competent,. but audible wiltimses, flout. the nature *of things, berauee cesspit:sew. &add not be 4reeleyee4 without Such an e7CanainVitin but it had ahrty* been held that it wbs iteccir-a-iary that their evidence should be contirm ed by other Si Ancsies in some reapeds. At - the trials of the persons who were cooccine(l in t/ in 174 a, and in the attempts marls to restore the lloesia of Stuart, it was wit,: that the acconnthCer were insainiiied, but they were very cliTererit kind of men from thiase whO were examilied az accomplices in the prescatt taut. 'They were wen of good and noble inteiroowt, :lining oinkr a intriguidetl twig mint, theta's was a pure intiehment to the persota of him whom they considered to be their lawful prince, and these fort., though they were reivrits in the eye of the haw; yot they were men of moral gondernetuft, anti entitleci to credit. Rut tire accomplices who had been ex.:mints:l in the preseriit case wets men of a very ditraent camplexion The Lisanitid Co.in sel then corantentos: upon the inartiftnt iiiii.robability that a man iu such a iitriatio.; in lite as the prisoner, should evgage iu t, despe.wie and so shad a proceeding as that which was i.nputid to ban; but the 44pr:bah:lite was still greeter, when the very csctillent cliaratler which had been given to the pit. boner by such exalted per. rims, was taken into eor.straeration. He then adveir....: to the case of the Gunpowder Piet, in which, he said, roanv re:sans had (alien victims, in consequence of the pre:Latices winch had prevailed against them; and he trusted that no pmjiidice ihnul4 be sttfferiai to operate against his no fortunate Chent He concluded with expressing his confident hope, that upon a full anti impartial view of the ease ? the Jury wbuld be gideced to acquit the prisoner The Loan CHIC? JvstrcE then asktd the prisoner if he wished to make any observations in addition totliose wheel' had been made by LnCctrisel ? Mr Danpara repnedohet he was perfectly satisfied with the eXtI . OOIIS which his Couun I had made for him, and d:refute he would not trouble. the Coutt with any observations. The Saute aria Gamut.% I. then rine in reply. We Itmentv from thegrtat length of the trial', that we ran (mile give a short outline of his speech hp said, that in making the observation' whirl, his duty a: one of the Counsel for the Crown called for from him, Ire felt conside.rable anxiety, because he had to de liver hi: sentiment: in a Court, and upon a subject in which he had not much experience. He was impressed with the strongest feelings of the importance o the present ease, hut he WA 'neat consedatipti in the discharge of his duty, when he rerliZseted, that he was addressing a eiirctiil, attentive, and intelligent Jury, under the direction of a Court which was perfectly able to give !ham every information that was requi site, w 'old make every observation which the nature of tha case required, and who would supply all tits defects that might app.iar front the liar on c.therside. Ho would now proceed to make a few observat.mis on what hail fallen from the Learned Gentleman ou the other side, arid they should be as few as the importatiels of the case would admit. This although it had occupied a grell (Lail of time in the drscussion„ yet, at it ippcared to him involved no very intricate questiora of law, nor cont tined any difficulty with rispect to the iriferenee which was to be dawn in point of fact. The charge in the indictment against the pris.iner was, that of compassaig, imagining, and intending the death or the King ; or of sorting, assantiog, and lawn-inning the person of rice King, or in deist:Lag Itin, from his throw: arid dignity. hy a law which hail pawed coin i time ago any act for the forthe:4o7o. of awes p u rpos e .„ was declared to b: a sal/sure live act ni Treason, an I when the Jury applied the evidence which hid been given to the Law whirls had been laid down t tubjeet to the vorrection of the Learned Winch) it would, he apprehended, In their duty, painful a.. the dia. efia-ge at that duty might he, to pronounce the pr:soriei guilty. Ile then prom:v.ls (1 to vailialcia upon the degree of evi dence wh:cli the Erie required to porn: an overt act of Trea son, whit he explained itt a very clear arid distinct maiinCir. The Learned Serieatit (West), had (looted a passage from Montesquieu, to pram that the words in themselves could not adiosoit to an at of Tr.:ascii; but, in answer to this, he would evict.: what, in his npininn, was much more sand:it:tory "dnetrine to be Ind d ion in an English Court of Justice, and what was a nainlr ;I much better authority than the specula tire ethics of a foreign writer. Ile alluded so the langitage of Lord Holt, upon a trial in some respects similar to the pre sent, he meant the Assaadnatiou Plot against the life of King William. Upon tit:Atrial. that Learned Judge was aided and aoristed by other venerable and teamed Judges, who concurred with hint ent relykss the opinion lie had laid down, via.--otiat stools in themselves when not specifically applied to any parti cular ohje.tt, could not amount to Treason ; but that words of persuasion, or of inc.teriient to other persons, to commit a ls of treason or rebellion, were ineontestibly overt ;las of nelson.— That doctrine had been uniformly recognized and acted upon since that time, and had heendistioctly recognized and quoted be that great authority, allr.Justice Poster. Ile then proceed ed to make observation: in re;dy to the objections which had been made to the erkkoce of accomplices, and to the asser tion: that they were not entitled to belief. He contended that witness Emblin could not properly be ermiidered in the light :Wan accomplice. He might, it was true, be damned a weak and insprodent man for atiellidulg such Int.Cting, but it did not appear that lie took any share iu their pro:usditigs. The learned Gentleman then read the evidence a Inch had been given by the w Mims E enblin, and contended that it proved ineoutestibly, that the prisoner not only attel melt, but was active at all the meetings; lie then recapitulated the ev.tlence of other wiuiesses, who had positively 'WPM tOViTiGUS nett of nevem on tie parts o' the• p r isoner, and observed, that their evidence had been corrobo- Tatra in many materiel. point', by Witnesses to-whose testi nosey there w. not theslighest objection. He relied particularly upon one senetice which had been uttered by the prisoner, and . which had bteu proved beyond the p .ssibility of a doubt, viz. " that his mind was made wv, and that his heart was callous." This expression was not only sworn to by the accomplice?, but they were conhnued by the landlady of the llying.lionse pub lic-house, who declared that site was in the Bar, and heard the pris ner use that expression. He then adverted to the arguments which had been urged upon the improbability of the case.— The Learned Gina[emelt of Counsel with the prisoner had contended that the whole of the story was extravagant, and therefore improbable. He declared that lie saw the subject in a very ditlieent point of view, because though the conspiracy might apiSear' extravagant to melt cooly and dispassioaately considering the subject, yet there was nothing extravagant in it in the view which the prisoners had of the subject, viz. that they should be able to corrupt and seduce the army. That was their object, and in that they had strong confideitce of success. That they sere disappointed in their expeetatioes was certainly a circumstance highly fortunate for. the country ; but enter taining, a? they did, that hope,, all the rest of their plan was reasonable enough. Fm one of their objects was to take pos moduli of the Batik; now this could have been done with fa c:lity, if the army had been corrupted .stiotlier object was to take possession of the Tower ; this certainly would have been practicable, if tile artily had been seduced. -They had determined to consummate their wickedness by the destruction of our beloved Sovereign, which detestable purpose might also have been efilcted, if the army had beeu corrupted. Entertaming, therefore, as they did, the hope that they should be als:e to corrupt the Army, the:: plan was by no means so extr.:vagant as had beclii stated. The ex• traeclientee, therefore, which appeared in this conspiracy, was only an extravagance of wickednesi. Upon this mbieet the Leashed - Geutlesnau esidatiated for suite time, with gre it ability ao.cl eloquence. Sot»e reliance had ben pkiced by the Counsel for the prisoner, on the character which had been given to him by severe! distinguisheitliersow. Is amieared, certainly, that at one nine the prisoner had. obtained a very high reputation end t.harecter, but tile Jury must pensive, that it we. of tot, une.ent a date to have any weight upon thn. trice. Viewing the case as he did, he had nn doubt lint that the Jury would Lind the evidence irresistible, and that they would be under the nee .:ssity or pronouncing the prisoner guilty. Ar all events, he was sure that their verdict would be such a one as would give sat,sliaion to themselves and their Counter • The, evidence and the argument, on both sides being closed The tears CHIC/ JUSCICE prOC.lecka . to sum up the evi dence,. era! to dei titer his charge to the Jury.—Tim cliarge wa of cousidtriable length, and wes delivertei with great ability, but fir the reason: we before stated, we can Only give an imperfect tkettili of it. ills Lordship began by ()interview,. that the ad.- ittesses of the learned counsel ' and the evidence on both sides being clo n ed, it now remained with him to discharge his. duty, which was. to recapitulate .the evidence to the Jory, and to utake Surat observations upon it as appeared to him to be ne cessary, wiikli he should do as feithfuily, as correctly, and at the same flute as shortly as he could. The prisoner at the liar stood indicted for the crime of High 'l' reason.—There were, activating to the law of this eouitty, different species of the come of rrearroo.-1 he Statute of the Year of Edward 111. was declaratory of the Common Lass upon this subject There were two other species. of Treason enacted by a fete Act of Par liament; whether the offences specified in that Act were or were not Treason actor(' it passed, it wa , not now necessary to dis: cuss ; certairdv,they use re Aiwa% s so considered. Bat by the Act of the Stith of las prment Majesty, couspiring or agreeing to dep.ne the King, or to resnesiu or iseprisini Ms permn, or to de prive him of his Kingly name and dignity, wore des:lead to be Nigh 'Freesia.. The lust charge acivaricedepinst the prisoner io this hictletrherts, was that of conniaSsing and imagining the Kaig's death, arta upon these paints thawe were eigut distinct Dan haste chat g at; •It 'was unnecessary fur him to do more than to state the substance of them. Tory were apnlicahle to the three different Meads of charge to whielt he had before alluded, I viz. lilt, that upon' the ancient statute fin co:nee:sing and inete n gentle. the King's death; 2d, the imprisonment or restraint of his person; anti, ad, the col:Tiring to depese his nips!, from hie royal state aid dignity. The offence charged. was, what Was the purpose of the mind and imagination of the accused rarlytoserompfish, and the overt acts given in evidence to prove such inwrtatin were, the different meetings and consultations of ilweccused pereees: in order to effect .the purpose to their minds: The seducing. of withers, spe.eiheally named in the indictment, and litany ethers, and the administering of unlawful oaths to bite:the:li to thlexecntion of their pur p oses, and to keep them secret. Those purposes were, is had been already seated, to destroy the King, to take sgoaseseion of Hank and of the 'fame, en stop she Mail-cinchet, as a sigoal to. the people lb I the country of the proecadings which had taken place„ in the hopes that they whuld take the alarmand rise. In addition to • theobject of either' destroying or restraining the peraon of the Kimg, it was also preptised to siersound the two /louses ot Parliament. It woidet be oecesamy, his Lordship said, be fore It. procenled to recapitulate the evidence to the Jury, to make a few observations upon what had been said upon the sublet of words being considered as amounting to 'nelson. It had been: contended by the Learned Gentlemen of Counsel • with the prisoner, that worth could. not constitute the crime of Treason. Now if it was merely meant that words were useless and inapplicable to any purpose thet Unheated any particular design; they certainly could not be held w ba High Treason. But words uttered witit a deign to persuade, or incite others to commit Treason, or to concur in an ail of Treason, were undoubtedly in themeelve: over ads of Treason. There could be no doubt but that, when a consultation was held for the purpose of devising means to commit treason, words used at such a consultation, with a view to persuade persons ter engage in it, were overt ails of treason. This it es a doctrine which, since - the time of the decision which had been quoted by the Solicitor General, had never been doubted, and he was confident never would be doubted. Another point which had been strongly urged by • the Counsel fur the prisoner was, that the Jury ought not to at tend to the evidence of an accomplice. This was cer tautly, in sonic iiistautes, matter of very delicate consideration. That an accomplice was a competent witness, was a proposi tion that could not he doubted, and that he might, in many instances, be a cradiale witness was also clear, fur if an accoal plice eas nut a competent witness, or if he was to be always considered as mworthy of credit, it would be useless to ex:s telae him at all. The evidence of accomplices was, therefore, always recet%ecl Arith great caution and consideration. to this case some of the witneares were certainly to a certain extent sullied, but net al in an equal degree. Some things might be imputed to some of ilia witnesses, which certainly could nut be imputed to others, bet even those who were liable to the greatest objection out al;c: . +Ullt of their character, might be con tinued in many by other witnesset, and 'Meat cve.s deserve credit for things which they stated, from the clearness and consistency of their own narration, but still more so, siren they were ebnfirmed by other; who were not linked watt them in the conspiracy, 41141 also by a variety of external circumstances. If it was trite that accomplices were in nu cases to be deemed worthy of ereitit, then that which Lord Holt had stated would certainly be the cm .equence, viz. that treasonable conspiracies colloid noes be detected, eecause it was pittfectiy clear that no person culad give evidence of the circumstances of a conspiracy, but those who were aequaitarel with them, and nobody could be acquainted with the circumstances of the conspiracy, but those who met with tne conspirators, or who heard the particu late front the parties concerned. This was the case of the pit. news Einbim ; it was net clear that he was implicatid in this conspiracy, though he certainly heard their consultations. There was a deseription of witnesses who could not, with pro priety, be called accomplices, although they might be present at the consultetions. Fur intance, if persons attended for the express :purpose of discovering the intentions of the per scans who were consulting for - the express purpose, perhaps, of checking and frustrating them; they might he witnesses of the fact without partaking of the guilt, at least in the case of Treason. Such, perhaps, might be 'the case of Emblin, or he might originally have had some guilty intentions, and he might have wavered in his intentions afterwards, therefore the teen accomplice did not belong to him, at least it was not clear that it did. Certainly he was nut without blame ; nn mind that , e as ver7 delicate, %out,' have countenanced crimes a long, though he afterwards might have disclosed them. Now having made these general observations upon the nature of accom- Pliees, and having stated that they might be believed if their own story was clear amid consistent, and especially if they were confirmed by other witnesses who were not suspected, it re mained for the Jury to determine, whether the witness Eloblin was or was not to be believed in whet he had stated. His Lordship then proceeded to reeaaitulate the evidence which had been given. In commenting upon the evidence of the witness Francis, his Lordship said, that the paper was found in the routs containing the Declaration and tile Oath which gad alteadi been alluded toe and it was fur the Jury to considtr on the evince. e le. j I,ad :lc :rd, sort th tr the Prisoner was or was not ce.nperative in the designs of the other persotir who met at theca consultatio:i: for ?tic purposts already men tional, anti - which were charged as overt arts in the ind t mer it . Tint this Oath was, at ;II ete.its, most dangerous awl niii chiesous was innst certain. The words of it were these : " In the presence of Almigher God, I, A.B. do solemnly de clare, that L will endeavour to the hest in my power to obtain) the objects of this Union, via. tcerecover those rights which the Supreme Being in his infinite bounty has given to all men; that neither hopes nor fears', rewards nor puilishments, shall in duce me to give information, directly or indirectly, concerning the business of any member of this or any other similar society, So help me Grid," The declaration which the oath alluded to was this: " Constitution.—The Independence of Great Britain and Ireland—an equalization of civil, political, and religions riehts —an ample provision for the families of those heroes who shall fall in the contest, a Aiberal reward firs distinguished merit •,• these are the objects for which we contend, to obtain those ob jects we swear to he united." What those civil, religious, anclpolitical rights tv,lre,. which they considered such as mist at all events be obtained, they had not specitiol ; perhaps: they were such as had been at tempted to be obtained ;n another country. With reeeeti too the " heroes who mielit fall in the contest," it was diflieult to► suppose how persons rioted - fall in aconite! to obtain civil and re ',gims rights, mares; it was intended to use force to obtain them. This oath and declaration were thererfore meteinly of a dangerous and mischievouscomplexion, even if taken abetratledly ; but if they were centmacei with other ails, they might serve to ex eiain the intention of the persons who formed these consulta tions. Their inteatiod, as declared At some of the meetings was, to take or destroy the person of the King. This was positively sworn to by seine of the witnesses, against whose testimony nu iineutatien would lie, and who also stated that the prittnier was. one of the conspirators.. That he was seen in their compeer at various times and places was most clear, and that a paper was found in the roorn containing this oath and teeclaration was also true; though the paper certainly found upon the person of the prisoner. But if the prisoner was there when other persons wereceneultiog and acting upon thestselecets, it was tot him to shew that he was there for any purpose diffecect from that which was the intention of these with whom he was aerociated, t Ita t he had di tier en t views from those which were imputed to h im. It was for him to shew the reason why he came to be preseeit at such consultation, and how he came to be so often at tuck places, arid in such company, mor. patticulatly, when it wait considered that at ere Oakley Arms be appeared to 'comerand the ethers, end they seemed to obey him. His Lotisher then went over the most material parts of the evidence of IVindsee and Emblin, and observed, that if the evidence of eitlerr of Huse men was true, or indeed of the evidence of the laud lady,. who swore to the words used by the prisoner, was to be relied uron, it would be for the J trry to consider whether the pri genet. could poeibly be innocent of the charge imputed to hint. I Lein rn finished his recapitulation of the whole of the evidence? bit Lordship smite the factevirere now all before the fury. le was admitted that the pifeoner was at the places specified ie the latlietinent ; it was admitted that he was present at these consultations, and it was proved, that what was done aZ these consultations, amounted to the crime of Treasons Now he would ask, if under these circumstances the prisoner was not a traitor, who was a traitor? If, indeed, all the witnesses were persons who ought not to be be'ieved upon their oaths, then there was an end of the case. If the witnesses were persons w ins, were unworthy of credit upon their oaths, it was competent to the prisoner to have called witnesses to she* that such was their character ; but. no attempt had been made to czar any evidence of that kind. As to what he had said before respecting the evidence of accomplicce, he would only add, that they must, almost in all triiverens conspiracies, be ex andtfed before the conspimce could be disclosed. Su much was this Fet tv be the ease, thatetbe proof of some conspimciei • ha l re.ilA chiefly, nay almost entirely, upon the evidence of acoornykliciat, That was the case in the trial alluded to by the Solicitor General, of the persons concerned in the assassins ' thin plot; almost all the witnesses were conspinitore and eoncertied is the plot, and yet their evidence was re ceived and believed. Hut there were witnesses receminar this case who were not accomplices. Several persons who Were standing in the public-houses, proved the prisoner to be preeent : the lanillsri7 of the Flying-Horse had gone farther, • for she proved the language which the prisoner had made use of, and this was la must material confirmation. As to the witness Emblin, it might be said that lie did not possess quite so much delicacy as some men, bat he did not sect that his evidence was therefore wholly unworthy of credit. There were in soma of the evidence some sees, bit they were confirmed in almost every material point. It w-s said that a man of the education and rank of the prisoner, cieed not with army MP' bability tut)* into such a Islet .w ith steel person: as those wile were accused with him, bet then they ot get is have shewn how it was theta person of the rant: and situation of the prisoner hap pened to be so so often in company with thole persona, and foe what purpose it was that he associated w w ith them ?It he was not it partaker in the corispiiacy which Vi.. 4,; preyed arid adm Axed merest, for what pur ?CSC did he meet the conspirators What possible enie could he propose to himself in con :tautly attending their cone suttee:ins ? Had the irifener shewn, or bed he attempted to chew, that he rittendhere tor any innocent purpose ? Had he offered any eyidimee to spew that he had endeavuured tv dissuade the conspirators from their Isinpe se ?--None. then the prisoner was found in these suspicious cireum i stances, and had given no evidences to explain his conduce ' it remained for the July to draw their own inference...— With regard to the character which had been given to the tin ' toner, it appeerel that he at one time enjoyed as gocd a clot meter as a men could have. Lord Nelson (on whom it world be waste of words to attempt any enlogium), had given hen one of the best of characters, as well as Gen. Clarke, and Sir F . Nepean. But the evideuce of these hon. persons had no relations whatever to the latter part of the lifeof the prisoner. This was the stlio:e of the evidence on both sides. If the Jury believed the evidence for the prosecutor, they had proved the case. It was, however, for the Jury to say what credit they would give to the witnesses; and if they had any doubt, they would take huts consideration the very excellent character which had been given to ..the prisoner. If, however, the witnesses for the prosecution were to be believed, he saw no ground upon which a doubt, either in law or fact, could rest. The Jury then withdrew, and in about forty minutes re turned with a verdict of--GUILTY. The Foreman of the Jury then said, " My Lord, we earnestly recommend the Prisoner to Mercy, on accutint of the Met testimonials of his former good condufl, services, aril cli ract er." •• The Court then adjourned at Three o'Clock in the morning THE BRITISH PRESS, LONDON, THURSDAY, /La. 10. This morning at Mawr o'Clotk, the Special Commisati terminarod l'heJury after a most important Charge from L 'id EtLaNDOKOUt:ll i consultedvogether upwauds of an hour and a half, and returned the following Verdia : John Wood, Thomas Broughton, John Francis, James SeJgwick Rattan, Arthur Graham, and John bl‘Nausara, Guttitt. I'hurn4s Newman, Daniel Tyndall, and William Lander, Guit.tY, but recommended to Mercy. John Doyle, Thomas Phillips, and SaaillUel Smith ACQUITILD. Colonel Despard was immediately brought -lot° Court, and Lout ELLattaoltounit, in the most awful and impresaise mau• ner, proceoltsl to pass sentence`• of death. His Lordship, in the most forcible manner, regretted that a man like Colonel Despanl, born to better hopes, should stand in so degraded and ignominious a situation. He enlarged upon the dreadful en ormity of his offence, and the ruin in which tha success of h;, foul conspiracy must inevitably have involved. the country He gave the prisoners no hopes of pardon in this world, but exhorted them to merit it in the next, by a sincere repentance His Lordship then passed the sentence of the law. Colonel Despard scented no ways affiliated by his situation: he observed, that the Evidence did not justify Lord Etat,: 110ROUG it's asserting, that he had seduced the Soldiers• Tyndall thanked Mr. Jekyll, his Counsel, for his teak' M‘Namara protested, as he should answer to God, that he hail never spoke to the witness whose evidence had been its strumental in convicting him. . The remainder of these wretched and vaisguid.Al men be haved as became theta on so , olemii an occasion. Tile Court was extremely crowded to hear the Seat;twe passed. The trial lasted exactly 24 hours,—The evidence is meetly the same as that adduced agramst Colonel Despard. • Loudon: Printed by J. Gait t, No. Id, Crown r:, Fleet-street; and published there by W, I. CLiatawr, qi No. 201, Strand.