The Sun. — London, England, 1803-02-11 00:00:00

t o tab a; y to , Oro :h if i : I'l4 tnRATRES% T'ury.Lant.• CAPTAIN FEA4ON, IV vo• O. Sso well rece i ved i n the part of Richard thr Third, appeared on Wed nesday night in that of Shylack, which is by no means equally well tsuited to his talents. There is a spirit and bustle in his manner which but ill accord with the dark gloomy malevolence of the revenge. fill Israelite ; and it was hardly to be.expeded that he could sufficiently subdue the aftive qualities of his nature. Hi's voice, as well as his manner, seemed, much too juvenile for Old Skylark. Captain FEARON certainly displayed good sense and critical correctness in the delivery of the text, and in the scene with Tuba!, wa's forcible in ex. pressing his rage at the ,desertion dills daughter, and revenge towards the unfortunate, Avtsllio. The deep determined rancour of thi s charader,.however, was by no means sufliCiently conspicuous..,%; The House waso but very indifferently attended, a circumstance that indeed might damp , :the zeal of ai Candidate who had been so very successful in his first theatrical essay. Cervent-Garden. The part of Ilamletwas again performed by Capt. 0411LrIE LI) on Wednesday night at this Theatre, and,' with improVed success. This Gentleman's Style of performance, is v aii we have said, origi.: 4 rali and has the recommendation of feeling and': spirit, but it is certainly too light and airy for the thilosophie prince, oppressed by melancholy arising imm the murder of his excellent father, the degra. dation of his mother, and the awful visitation of , a preternatural spirit, direaing him to a terrible re. Captain CAULFLF Li), however, is full of anima. "'lns whieh- matured by experience, will enable him to soar above the senile herd of modern Perfoiners,. who hav e no lights from their own understandings, 'and are obliged to keep a model in their epe, whose Peculiarities as well as general merits, they studi 9JlY.copy. lie was most unafFeEted and impres.. sive.in the claret scene, but even in that he did not Maintain the dignified solemnity which should ac. company all his anxiety to wring the heart of his . , 11 . 1 other, and wean her from her disgraceful and ab. "oint nuptials. The House was crowded, and the lower boxes, were graced by a very elegant assemblage of fa. - , allionahle _visitors. The applause which the new liatatet. received, was loud, reiterated, and gene_ ral. Mrs. INCHbA.LD I S translation of The Judgment oT Solomon, which was to have been brought for- W4rd'at Covent-Garden Theatre, under ,the title of tdic ibrcient Sto,:y, is, it seems, to be laid aside. Tbe Voice 11Nature, a translation of the same piece, having been already before the Public, the died is, of course, forestalled, and the latter, we find, is to be represented at Covent-Garden Theatre with new splendor of scenery. The principal charader in Mr. CotstAN'snew comedy is an Irishman, for JOHNSTONX / whose ex. cellence in theatrical representations of his country. Men is unrivalled. FA.wcyrr is to - appear as a Brazier in this Comedy, so that there, will be a ill, tong temptation to the 1 , 4a11 wits to advert 'to orals, Mr. KIMBLE is the most 'successful representa. Live o f jag, r of the present day. If his tones are not so soft or penetrating as those of a BARRY of a POWELL, he gives the charafter a manly Colouring, equally lice front rant, or the disgusting blubber of a schoolboy. General rlVltaatAu's intended route gives offence Ind Certaill quarter,, and' it is changed into a ball. Whenever one General router, another is generally "youted. It is said that no less than , a hundred and ten thousand pounds were offered to a elan of consider. able consequence in France, for the Diamonds which he had received as presents in Portugal. The offer Was rejetied as much beneath their value. The Person who made the offer, however, judged it ne. cessary to return to this Country, after it :was known that he was capable of making so great a pecuniary` tender. On Tuesday evening the Catch Club Chet at the Thatched House Tavern, St. Jarnes's.streer. A great number of Professors and Amateurs were pre. sent. ...By the death of Mrs. BRUERE, late of StaninOre, ri liddleSCX, the large property lett to her by her uncle ANTHONY SADLEIR, Esq. of Madras, now devolves to her son WILLIAM SA.ALS tit BaLTElit, Eq. of Jesus College, Cambridge, a young man of great liberality and worth. By the Will of Mrs. BturttßE, the Marquis of ABERcoan receives a handsome legacy. Mr.' SHERIDAN'S late speech upon the Peace Establishment has given much offence to Mr. Fox and his friends, but it has - given pleasure in , the same proportion to every true Friend to the tetest and Honour of the British Empire. . Ac. cording to Mr. .Fox's opinion of the liberality and aiticable disposition of France towards this Coon. try, we should throw ourselves wholly upon its Thavani m i t y, an d w h o ll y J ay as id e t h at auspicious vigilance, which our Ancestors always thought ne cassary for our protelion against the ambition and rapacity of other States, and particularly that which has aver been considered as our natural Enemy. We. are happy to state that the paragraph which was Copied from a Morning Paper, stating the. death of Lieutenant-Colonel ELLiorT, is altogether un true, that Gentleman being alive and In good health. Died lately at his house at Bath, WM. Tn'.. P ANT, Esq. of Aston. Hall, Staffordshire. The people of the metropolis have been for some lim e much artanyed by the importunities of bands of noisy fellows bawling out. Poor Garderiers ! Poor earelener s . 1 Such nuisances are common at this veason of the year, which suspends the employment of GArdeners and consecoently reduces them to very great disrress. there noisy and trouble. some fellows are not in general of that description, being mostly composed of idle and disorderly gangs e lgat LOwer We‘talinitGrY $ ee, BK'r eitckAi coMmisstroM ,NE Atis. COVRT-HOUSE, ScSiITHWARt. • nird•D'ay—Weinesday, Feb.: 9. johff Wood, John Francis, ThoMas' iVewman, Daniel Tindall,-; . 7ames Sarwick, Lander; Arthur Graham, Samuel Smith, John . 111 4 41Vantara, Thomas Philips,pand John Ault, were brought to the Bar, when a Jury was formed, whose Names were given in our Paper,of Wednesday. The Sot. c !TOR GENE amiopened the case on the part of the Prottecution, in,a very able. Speech, of which the folloWing is the outline. fle observed, that it fell to his lot, in the course of official duty, to state to the Jury, and the Court, the charge now made against the several Prisoners at the Bar, together with the circumstances, anal the fads, which would be produced in support of that charge ; and he should consider it as perfealy consistent . with that duty, and a faithful discharge of it, on his part (and indeed, after what had passed, he owed it to the Court), to .state the tads to the Jury, as plainly, and, at the' same time, .as concisely as he could, using no argument but what was necessary to meet the fade anti circumstances of the case. But before lie stated the substance of the Indidment, which had been already distindly and clearly stated by his Le'arned Friend (Mr. Asepe, who bad 'eopened the Pleadings),' he woukP sir a word or two respeding the nature of the• crime of High Treason, alledged against the Prisoners at the Bar. That crime consisted in the Traitorous Intention of the party accused, and if any man shall, compass oc e imagine the death of the King, or shall compass 6Weiagine; restraint or imprisonment of the person of the King, or to depose the King from his Throne, or deprive him of the Kingly Name or Imperial Dignity, &c. ; and there be due proof of that intention, by writing, att, or speech done in furtherance of such a design, the crime of High Treason was complete. It was not necessary that . , an adual attack should be made on His Majesty's., person, much less was it necessary that the King should be put to death, in order to complete the crime of High Treason. He need not argue before the Jury, against any imputation of severityin such' a Prosecution as this, it was necessary for. the safety of us all ; for, with the- personal safety of the King, with the protection of his Crown and Kingly Title, &c. against the attacks of Traitors and Assassins, Were connected the safety of the Com munity, and every thing which was dear to every individual in it. Such being thee nature of the crime of' High . Treason, it was the. most heinous that could be committed, because , it was the most extensive in its mischief, and the west dreilful in its consequences.. The Law, hoWever, in favour of the person accused, had provided certain forms, and no High Treason should be stated in the In. dielmente - but the fads relied on ag z evidence of a traitorous intention,, and those faas were here stared technically as Overt.ads of Treason. The Indictment against the Prisoners at the Bar, con. tained three distinct charges of High Treason. That they, together with Edward Marcus Despard (who was net•elow in Court) and together with other persons e unknciwn, cOmpaSsed and imagined the death of . the King. Secondly, that they com passed and imagined restraint or iniPrisonment of the person of the ki ng . Thi r dly, Oat they cam- passed and imagined the deposition cif the King from his Titione. Indittnient contained eight distind Overt.atts, as evidence .of such inters. tion : the first. four of them were 'those • of attempting to seduce Soldiers and others from their duty, and to. persuade 'them to join with the Pri soners in the'Conspiraef they Vt'cre'cliarged to have entered into for the objeds he had mentioned. The oiler four ceeets were, on meeting's had and con_ sultationa hteltiiietween those persons, for the pur. pose of carry leg that conspiracy into effed. Having stated thus much of the indielment, he had stated, he hoped, .as inoch as was necessary to understand the substance of it, and having also stated, that in order to constitute High Treason it was not Heces. sary that a direct attack 'should be made on the 'person of the King, he should now, shortly, state what the•LeWe requited to support such a charge.— 'First, the Law required :two Witnesses, either to one Overe.ad or, to different Overt.a&s, the one to one aa, and the' other to another Overt-an; and further that one Over t-aa should be proved by one , iWitnessat least within the County in which the . 'Prisoner was ttieti.e. Having thus stated the nature of the Chattee and the substance of the Intik - intent as fatas it Was'necessary,.he should now, with great deference to she Court, state the outline of the evi dence necessary to support the charge. The Jury Would'observe, that the crime stated in the Indict. !Tient, was that of a Conspiracy. They would, therefore, • have two questions to. consider—first, whether a Conspiracy ae 4 tually existed, as stated secondly, whether the Prisoners at the Bar, or any, and which of them, were guilty of that Conspiracy ? .Now, With respect • to_ the existence of the Conspi. racy and object out, the Jury would find evidence conclusive upon that subject,: The existence, in. deed, of the Conspiracy had been already admitted, and he did not believe it would now be denied. The object .of it would be well explained by a Printed Paper and Card, containing,' first, a Decla• ration, and then an Oaeli ; to the first of which, persons were invited to subscribe, and the second was administered to all who would take it. Both tended to premote an association, the purpose — of which, as explained by the Ads and words of the "Parties concerned in them, was to overthrow the peesent state of things in this Country. It would be proved that the Prisoners proposed this Declaration, and offered to administer this oath to many persons. Hen he read the declaration and die form of the oath, as stated in our Paper of yesterday, and which, for that reason, we pass aver. He main tained, that the civil and religious rights which` were mentioned in this paper, it was manifest, were ncee e intended to be sought by . peaccable means, or by appeal 'to and of the Constituted Authorities of the Realist. his, he said, was clear (torn the words of the paper itself, anti still more manifest from the declarations of the Parties on the con. sultations which they held ee various Pablic.houses, at which all of the Prisoners at the Bar were pre. -beet* 'acre - mgrs . , oomaigog CIA Awl:4;l'4ow of moss wito aiplesi it, lokFther eaiSt the bath to' endeavour to obtain the object of ftl he considered Ai of very great importahce in this case, because they would explain the• object Of the Parties who pramsted their circulations 'The•papers Might be said to be ambiguous in their sense ; this he appre. heeded would be quite otherwise, and that 'the meaning of them was to employ force to overturn the Covetnment of this Country, ! wottld be mani fest from the declarations and • conduit of the Pd.. sorters. The Jury would find, that meetings for the purpose of obtaining subscriptions to this 'de. claration, and to administer this oath to all who would take it, had been hell so - early,ai the Month of March last, and that they had beets contineed . and held On - various occasions at - different Public. houses, -until the Prisoners were all 'apprehended at the Oakley Arnis, on the l6th of November last; in , the course of that time, he believed that the Public-houses at which these meetings were . held,, were not less than twenty in number: Here he re cited signs of the Public-houses atViliich these consuititions were held (and which we pass over, because they are already in evidence upon the trial of Colonel Despard). In all these-meetings, - the Jury would find, that one.great objed of the Parties was ,to?seditee the Soldiers...frons their duty, and in which John Francis was particularly adive in swearing persons to that engagement. The Jury would find that some took, and some refused to take the oath in the course of this proceed ing from March to November. Hitherto, how ever, he had not stated any specific objet'} to be attained by .the persons engaged in this Con spiracy- It was that of destroying or seizing the person of the King, and then the taking possession ' of the Tower, and that was intended to supply them with Arms ; but as it was doubtful whether they should he able to have possession of the Tower, for it was under the protedion of Guards, the Conspi rators intended to obtain-their objed partly by force, •,atici:partly by stratagem, anti therefore—it Would ;appear . , that they determined to terrify some, and tOcejok others.: They were to seiac . the Bank as well, : but that being protested by Guards also, they were to gain them over. These were objects of the Conspirators, „ which the evidence would prove against the Prisoneri:at the Bar ; but the last and ! the most desperate Oil of the Conspiracy, was that concerted plan for artrattack upon His Majesty; and= this plan was not only adually planned, but the ex', ecution of it put off until the day when His Majesty was actually to meet Parliament. Jr. was agreed to be attempted on the day when ibis Majesty was ex . . peded, by some persons, to meet the two Houses, but it being found that His Majesty was not to go that day, and that a subsequent slay was appointed for that purpose, these Conspirators .put off the exe cution of their design until the day_ when.Ris Ma. jesty was,adually to go to the House of Lords'. — This meditated attack on the person of His Wes. ty, was the subjed of many meetings and great des. 'cussion. Some proposed firing at the Carriage in the Park, as His Majesty passed, out of the great .Gun on the Parade, and then to make an attack, by rushing at once forward--others thought it better Id attack His Majesty as he passed, near Bucking. ham-Hotise, after the Horse Guards had left him— but svith'all their variety of opinion, they agreed to attack the King on that day; in this plan they alt agreed, - anti Francis, Newman, and Wood, who were Soldiers, were particularly adive, but they wanted for their head, Edward Mavens Despard. The, SOLICITOR GENERAL said, he would not state all he felt, on this occasion,. and which he apprehended would appear in evi dence, lest he might make an impression On the Jury too unfavourable for the • Prisoners. — He was aware that the Jury would see that the general object of the whole Conspiracy was to seize on the person of the King and to put him to death. However, he observed, that if in the examination of the evidence, the Jury should finti . any reason to distinguish between the cases of the Prisoners , t h e y would do so. Possibly they might find some of them snore adive than others ; but he was afraid they would find that most, if not all of them, were without any excuse for their coodud.He then proceed ed to observe on the topics which would be probably urged by the Counsel for the Prisoners, such as that the evidence was either that of accomplices or spies,, and laid down the Rules of Law as they applied, in his opinion, to these points, and in which he was afterwards confirmed by the Court. He concluded with observing he was perfectly satisfied,. that from the diligent attention else Jury . .would give to the case, and the assistance they would have Irons the Court, they would be -enabled to find a verdid Consistent with ' justice, and satisfactory to their consciences, as Well as to the Public. He then proceeded to call the Evidence for the Crown, which was nearly iverbathls the same as that which was given on the trial of Colonel lies.. pard, and which did not sufficiently alrett the Pd.. soner Doyle, he being only found at the Oakley Arms, without any proof of previous knowledge of the intention of the rest of the party, and therefore the ATTORNEY GENERAL kindly observed, that although the appearance of Doyle at such a place, on such an occasion, and untfer such circumstances, might warrant the putting of his case to the Jury, still be would consent to his acquittal, in order that the other Prisoners, if they thought his evideuce could avail them, might make use of him as a NVitness in their hehalf.—Doyle was, therefore, by consent found--No! Gado. The evidence for the Prosecution being closed, . Mr. 'Jetty rose, and addressed the Jury on be. half of the Prisoners, in a Speech of considerable length, and as remarkable for its style, energy, and eloquence, as any ever delivered on a similar °CO-' sion. Exhausted as we are by the fatigue of detail. ing the proceedings of yesterday, it would be a vain attempt to give even an imperfeti idea of-it. He commenced by observing, that it was his duty to address.the Jury on behalf of the twelve unfortunate meta - at the Bar i for whom he was Counsel, at a pe. riod of the night when both body and mind were overcome with fatigue and attention. He adverted to the difficulties he had to encountery as . Cour.sel for twelve men accused of so rat a crime.._ it was a crime striking at the very4ountain.head of Save. reign Power, and involving in it the destration of one / net only endeared to us tiaczei lie Nailed; btitql . y hrs itmtietei is t4ity itiAtto . public and private life, dite who flat borne liistictilties had bedri So clear in his at:at:races, that hii virtuea Would plead like Angels' double tongued, against The deep damnation of his taking ofr. . He alluded to the Statute of Edward the Third; by which it was requiied that no than 'sitonia heat. tainted of High Treason, except providilepx, men of hie 61414 condition ; and he elucidated .hti,,ternaik;,' upon that Stattite by the Cornmentary and Expos'. Lion of Lord Coke, and the more.modecn Writings of Lord Hale an 4 Mr. justice Foster. He faiiteride'd that the,ques-t-ion tor-the jury was stripped of all 1:- gat discussion, alt diifetence of opinion as to point ? of Law, and that it was a mere question of fan. fk then stated what • 'Were. the ruleS and printipta Of evidence required to prove the fait of High Treason; elucidating his remarks by apposite quotatiOns fruni Beccaria 7)n Crimes and P‘irlishme - nts, aria other eminent Writers ; and by referring to various Pre.j cedents on subjeCts of Criminal Jurisprudence, at va rious periods prior and subsequent to the Revolution. He then referred fo the particular evidence given In this case by the Witnesses, insisting that it was °lwo' suspicious a nature to justify a jury in condeinnint such a 'nuinber of their felldw creatures upon charge of so, foul a nature; and which was vi:;i(e4 by puniihment so severe and dreadful. He examinett the evidence of each Witness separately, conteridilA that the testimony of Windsor, and the accomp was unworthy of the least credit. He gi4(ln t try severe remarks upon the charaCter of the witne,ses,. and appealed, in the most earnest manner, to tki Jury to discard their evidence altogether ; and biz, concluded ah eloquent harangue, the delivery of which occupied near three hours,. trusting that the Jury would, by their verdia, restore the PriWner, to their faMilies. A great number of Witnesses were Mien called for the purpose ofgiving eharaders. to the different Pei soners, who stated them to he all men dauber and industrious habits, 4irc. but -none of them spoke .“•• any k.tioivledge 'of the political Sentiments of any of the . Prisoners, never having heard them say any thing upon politics. Mr. Ho v C L'i; spoke in behalf of. the Prisoner.' after, the evidence was closed. :A.rroiraY GENERAL made an able rtTli to the speech of Mr. JEK Y L, and answered aIl ch observations which . viere made by him. He main taingd that all the evidence was on one sidv, mme- ly, for the Prosecution. As . to the charaAer of Witnesses, ‘fte.,observed, there was More advantage toE the Prisoner in the case of High Treason than any other, even in the cure of an accomplice Ming examined as a\V tress, because the Prisoner had tl‘e name and addition of every 'Witness, to ‘k)e exathin. ed against him, given in, a number of flays bcfbret his trial, by which, if ibete was any defe& in the charaaer of the Wiinesses; the Prisoner had titn4 'to examine into the matter, and to bring fotwAra any thing that might diminish the credit of a Wit ness, an advantage which a Prisoner never had in the case of a common Felony ; fin, in this C4Se j i if any of the- Witnesses for the CroWn were those despicable charaders they were stated to be, there had been abundant time to attack their charaaer by the evidence of others, if their cha. raaers were vulnerable. That with regard to Go vernment having discharged fifteen out of the thirty who were apprehended at the Oakley Arms; and who were supposed to be as guilty us the Pri.! saner's, and who, it was contended, ought to have been examined by the Crown ds Wiinzsaes, he hA only to say, if they had been called as Witnesses for the Crown, they would have been called .At com.: plices ; but if the Prisoners thought they could prove ally thing material to their defence, they would have been excellent Witnesses for them. that Government had not prevented their being Wit.. .nesses for the Prisoners, by including them in the; charge now before the Court ; and if they had therein erred, it was an error that could not be said to be a hardship on the Prisoners. He depteuated the idea of giving way to the apneals which had been made to the humanity of the jury, by rep at.. edly reminding them that there were as many lives to he disposed of in this caste, as there were em powered to pronounce their doom. He held this to be a principle much too. dangerous to be attetoled. to. Hi . 13inented as much, as his Learned Friv ot i Mr. Jt.icxt, cottl4l lameut, that twelve cat' his iclh creatures should be now,.opon their trial for ood • offence ; but that was their own fault, and not his, There was no eal.eulating•the danger to which th,ia cpuntry.yould b 4 exposed, if it were once stand tha.t Qovernment were 'never to'brikig forwarit more than five or six 'persons In any,one Conspiracy against the State. The.effect of that might be,/ that men-disposed to mischief might be 10 to think .! that if they were 5 or 6000 in number, and Only ono J m - r, of. a theuwid of them was to fall, the risk to, each iritli4 itlttal:was 40,ttillidg that it du no; de ter 'them. -Tha,t.was not the coUiSe b 4 taken the Public and the Government must be seeered under the administration of the Law, whatever the sacrifice :might be which the guilt of partictilar individuals might ,render necessary: The ATTVit.: NEI" GINA ItAt. then proc4eded to, enfUrce this prin. ciple with irresistible: force, and to, contend, that 'with the exception of a few of the P,risoneis., whose shades of guilt were different., the Prisoners Must' be found .guilty as a sacrifice that was demanded by Justice. Lord ELLEttlio'R duck hen Went over the whole of the evidence cot reelly, and. made many able end. Manta on the various parts.of ir, and distinguishing tr 4 Cases of Philips and Smith from the rest, as not be. ing so decisively made ortt in po'.ot of intention as the rest,. His Lordship also went over the points of law as 'they had been mooted at 'the Bar on the subjeft of the evidence of Accouipliczs and Spies,. 84e. in like !gunner as he did on the former trial of Colonel Despard, after which the Jury found a. vet. dia as we stated yesterday. Colonel Despard was brought into Courr and. ',placed at the bar. • Mr. KNAPP, severally ad'd'ressing. the Prisorrets, said,..-J 4 You have been indicted' toe conspiring, compassing, imagining ; and intend-int to bri n g ai d put our Lord the': ing to death, to. which iudi to went you have pleaded. not guilty ; and have I, yourselves upon your country,, which cdur,try pronounced against. yon, What have yciz 'lA,'"'.‘,l°