The Sun. — London, England, 1817-10-20 00:00:00

. . . teial- lie *Wished particularly to Out the Jury on theirs:natl agtriest any izitlitence which this cie , etiorstatcensiglit have upon their minds in taking out taeclrarge of Treason. he desired them not to adjul'ie s7 -tlie prisoner guilty on his trial for High Treason, beeause ''c, in the "coarseasf the eVidence for establishing nit: 'charge, might be obliged to bring •tastimony which migh`t appear sufficient to Trove Mier gild( y'of murder. : Crimes, in the judi cial ocedure of this country. could not be mixed so as . t 0 -give the etre arty lufiltence in supporting the other. The comtuission ;milder, though proved, therefore could not be alleged as an evi , •dence of High Treason. At this house they, as usual, demanded grins; the inhabi tant, with more `coin-age than they generally lee! to encounter, .refused ; the resistance was fatal as the insurgents could not force the door, Brandreth went 'pid, and breaking a window, introduced iii itself into' the room where the owner was. The Learned Counsel then men 'tinned the murder that was committed, with the saying of Beandretli, the prisoner, that he had "shot one man already, and would any one that opposed Hint. From the:house of Epworth they proceeded to that of Mr. Fletcher, and thence to Buttetly iron-works : before they arrived at that place, there appeared great . uncertainty in their Movements, great doubts as to their proceedings, and despondency as to their success : they were not joined .by the numbers they expected. On their way to Nottingham, at a'place called Greenwich, the two parties which he had formerly mentioned formed a junction ; but being still wavering in their resolution front the want of previous success, they sent out scouts, of whom one was George Weightman, to learn it the others whom they ex pected were advancing front Nottingham: he took a horse out of the stable of a person at that place, and proceeded towards Nottingham on this mis sion ; in the mean time the main body remained 'under the command of the prisoner at the bar, who was called their Captain. • The party were at this time completely organized ; they had not only a leader in chief, but inferior officers to exe cute his commands, and to keep the insurgents ia the ranks ; these latter were to brig up the tear, to collect stragglers, and compel those who wish ed to leave them back into the ranks ; the ili a : tended fugitives were told that they most proceed' and that to desert would indanger ,their lives; the command was threatening. and peeetnp tory 'ln this manner the party advanced to Langley-bridge. George Weightman, who had been sent to bring tidings of their expected adherents, here joined them ; and whatever representation he gave to the prisoner, Brasidreth endeavoured to encourage them, and said all was loin;; on well ; that the soldiers were starved and discontented, and that Nottingham was already taken. Many here relented and deserted, not hstandiag every effort employed to keep them together. They then proceeded to Eastwood, though reduced in nurobess. These proceedings took trona Sunday till 'Tuesday morning. In the dean time notice had been given to the Magis trates of the neighbourhood of Nottingham of the advance of..stir:tea body of insurgents. He had for gotten to sty that several persons in Nottimgham forest had been _prepared to join them, and that niorentents of theirs excited suspicion. One of the Magistrates rode out and found the party in a most miserable plight, dispersed or dispersing ; he saw the remains Oft heir recent progress, and of their terrified retreat ; he saw arms of all kinds, gims, pikes, pistolS, and other instruments left on the field, like the wrecks of 'a•dispersed army. That Ole prisoner was there, that he was the leader and encourager of the insurrection, that fie was what was called the Ncittingham Captain, that he orga nized the party, that be formed the order of march, that he shoWed the plans and maps by which he was guided in them out, there could be no doubt.' Smite of the witnesses might not be able to identify his person ; because, by allow ing his beard to grow, anal appearing as he now did in Court, he had _somewhat changed himself from what he was, and took every means of con cealing his identity. This, ho wever, could not avail i as sufficient evidence would be brought that he was the saine pet-son who was at the head of the party, and directed their motioua. He submitted, that if he could establish the facts which he had Mentioned, he should sufficiently make out a sub stantive act of treason in levying war. There was here a hOstkle force ; arms were collected ; a banal of men for a general purpose was organized; the body marched on in warlike array ;. they com pelled all whom they. met to join thern a ;' and they openly professed the design of overturning the es tablished institutions of the country. There could not be a more shocking mode of levying war. It was in every respect - treason in the eye of the law to assemble in arms, to profess the intention by force to accomplish any general purpose con trary to the established authorities of the cows try. The Attorney-General thus concluded:— What answer my Learned Friend can give I am sure I know not ; but unless he can alter facts, unless lie can prove the prisoner to be a different person, it appears to me impossible, according to the law and evidence of the case, to resist the proof which is to be laid before you. lam sure the prisoner has all the means of defence which au intelligent and impartial Jury can afford ; I am sure he has al.l the means which a learned and eauditl Court van give; I ant sure he has all the• means which the talents, ingenuity, and learning of a counsel can supply. He has, then, all the means which Enelislonen can have for their de fence at the bar of their country. The Attorney_ General sat down at 2 o'clock. DERBY, SATURDAY, Ocr. DAY. CHARGE TO THE JURY. The CHIEF BARON soon. after 8 addresscl the Jury to this effect :—I must now request your at tention while I state the evidence in this .case, and suggest the observations that occur to me; and in order to remove from your minds any ap prehension that may have been excited, of the Court interfering with your province, f have to say, that it is as far from the intention of any of us to encroach on your provinces as it can have been front the intention of any of the Counsel, iYhohail addressed - yon. You ate to judge from the evidence applied to the case according to the law 'Of the case as laid down by the beat aathori ties. .Impartiitil ' ' S 7 lit:your d'utv, and it is a duty whictil am confident, von will exercise. If you think the evidenCe affords 'proof of • - • t11 , .... crime charged, you will find the prisoner guilty. If, on the other hand, you find the evidence insufficient, you will "acquit-the prisoner ; and•ittlrat-shonld be the result,-.none can rijoice more than I, assured as I ant that you %s ill judge accortliitg4o, the evi dence. The first count in the indictment charges She prisoner With levying war against the King. It is very important for you to understand whack meant by levying war._ The expression is clear, yet it 'applies to diverse meanings: I i•eill now state to you the law as clearly established in re- - feren . ce to t case before you. The words of - the Statute 25 Edwaid 111. arc, " If a•man levy war against our Lord the King in his realm." The •explanation of this law, which I have here, is short and clear; I therefore read it to you rather than give an explanation in any words of my 0wn...... If there be an insurrection, a large rising'of the people in order by force and violence to accom plish or revenge, - not any private object or private quarrel oft heir own, but an object of a general na ture,-that is - a levying war against the King."— From my experience of the administration of jus . - tice, from the decisions of Courts, and from the au thority of Sir lltitthew Hale, Judge Foster, and• Lord Coke, I can affirm that this is -a clear and correct explanation of the terms of thestatate.— Private tumults are not a levying of war. If the object be only a private one, whatever may be its character otherwise, it is not a levying of war. To destroy a private enclosure is not levying war against the King; to destroy all enclosures is a levying of war. If the object be to pull down a chapel, Or an offensive building, it is not a levy ing of war ; it it be to destroy all chapels, or all offensivehnildings i it is alevying of war. There must, then t - be- an instirrection or . large rising; force and violence .mint be used ; it •must be far a general object. That there was an insurrection is clear ; it is also clear that force and violence were-used. ,It Is your province to say whether the object was general or private; whether the insurrection was only the effect of privatelnprels, of wild„ violent, . and riotous tu:link, or whether the object was to alter the measurespf Government, and to destroy the laws of the country,. lf,l have Made myself intelligible to yut►, you ca► , linve no ►difficulty in understanding the nature of your duty. The ot er counts of the indictment are founded upon the 3Gt h of the King. 'f'd e question for you to deferwine is, whether any of the three charges is proved by the evidence which I now detail to you. The evidence is all on One side, and most of the witnesses were not even cross-examined ; vet at• tempts were made, very properly, in the speeches of the Counsel, to fix imputations on the credit of the evidence. It is for you to judge whether such attempts were successful. The Learned Judge then read the evidence. very fully. kle remarked, that the atrocious murder which took plac i e.,was not. treason ; but it was for Orem ,to .say, what was the object of such atrocious conduct.—Ele at last concluded a charge of two hours thus : This, Geuticmen, is:the evidence. That: there was an insurrection. is clear ; that there was a large rising, .and that more were to join in Not tingham Forest, is quite clear. It is equally clear that lase' persons assembled thus • were armed.— There- was, then, force and violence. Was this violent and . forcible.rising calculated to accom plish any private object, or to revenge any private quarrel ; or was it calculated or intended to alter the Government, and to bring about a revolution ? The low situation in life of the persons engaged in this insurrection is no excuse. A crime is not less a crime because the criminal is poor. If there could be no E►rospect of success, that is no excuse ; because the crime consists in the intention, and not in the adequacy of the means. The question for you is, was the rising calculated to alter the Government, to overturn the laws, and to cause a revolution ? You have tl►e evidence before you, and-it 'says, that it was declared, froth_ time ,to time, that there could be no good - WittiOat an overturn of the Government, that the Parliament must be pulled down, and similar expressions.— If you believe this evidence, you- are bound by the oath, you have taken to find the prisoner guilty. If, on the other hand, you can lay your hands ou your hearts and believe and are satisfied that the object was private or personal, then you will not find him guilty. lam persuaded you will give every attention, and exercise the most perfect intregity. All consequences that may result you are to lease entirely out of view, and to regard only strict justice, and a just verdict according to the law, in the face of God and your country. • The Jury retired, and in twenty minutes re . tinned with a verdict, finding Jeremiah Brandreth Guilty of High Treason, and that he had.no funds or tenements, . goods or chattels when the crime was - committed. The 'Court was ekcestively crowded, and the most profound silence prevk'dled while the verdict was given in and recorded. The .prisoner seemed quite unmoved, and even indiflerent. The CHIEF BARON asked the Attorney-General whether lie could say it was probable that any other trial could be gone through to-day, as otherwise it would be a hareship for the Jury to be confined during the Sunday. The ATTORNEY-GBNRRAL conceived, that it was even impossible to finish any other trial this day, and proposed, with Mr. Cross's consent, to adjourn till Monday. Mr. Caoss assented. - All the Jurors were ordered to continue in at tendance.—Adjourned at. half past ten to eight on Monday morning. [The issue of Broutireth's Trial is now known .; yet we should not even still have pubAslielipy of the intermediate proceedings, had their publica tion rested with us originally. The speech, how ever, of the AfTORNEY-GENERAL, and the sum mit% up of the CHIEF BARON, having already gone forth to the public, we rigidly confine ourselves. to presentin g a more faithful Iteport of them.]-- (The Tatues) I~'i liven Turner is the next person that will be When the Court adiOurned, the prisoner was left in the custody of Ur. Eaton and a few lave- lin men. The ri 411 had 1 Jeen'Clear . Cd, Mit (iv() or three persons found their way to the Bar, where the prisoner was seated, handcuffed to Mr: Eaton. He appeared to have been washed this day, for the first time eiVite die Ct.tairh:liCeatelit ceedings, and, in Consequence, the expreSion of ' Isis countenaAce was less ferncion's'than it had been till now. HaVing seated initi'leff On the bench behind the bar, he seemed to be for some moments absorbed in the . contemplation of his awful des tiny. A more than:usual paleness invaded his cheek, - a faint perspiratiOn was observed to overspread it,'and all the horrors of his situation appeared to burst on his imagination. Reviving to a consciousness of the presence of the few indi viduals who surrouti k led him, he made an effort to resume his wonted Composure, and answered one or two unimportant questions put to hitt with a smile, which might well he called, lit the language of Milton, " a ghastly smile." . He was treated with great humanity and tenderness by those about him.. As they knew him to be much in the habit Of smoking, lie was asked, " it he Would like a pipe ?" He replied in the affirmative, and a small part of a tobacco pipe, not more than three inches in length, was brought to him, which he haffuSed before. One of the men who guarded him, ob served to the person who brought it, " that he might have accomtnodated him with a clean one." 'Brandreth,7however, ,. made no objection to it ; lie 'received it with an 'awkward bow of gratitude, placed it in his mouth, and iminediately began to smoke in the Court. •"' Some female servants connected with the Of fices about the Hall, were attracted by curiosity to gaze on the convict. His deplorable situation moved their pity, and they asked him, " If he would like a nimbler of negus ?" Brandreth Seemed scarcely to hear, or to understand the question to be addressed to him. Those about him, however, replied, " Yes, bring it." l'hey left the Hall to do so, and the caravan which was to carry the wretched culprit back to his prison 1 being not vet ready for his reception, sufficient delay occurred to allonr- them to return. Brandreth having been supplied with a pipe,. smoked for some minutes, his eyes glistening with a half soppres:ed tear, and fixed on that box front Which lie had just heard the awful word pro nounced, which doomed him to an ignominious death. A Gentleman present inquired '" if, the prisoner had any statement or declaration to make %vilich he could wish to be laid before the pub lic 1" at the sometime offering to be the medirun of 'commouicating any ibing of the kind to the .London newspapers. He did not seem at first to comprehend the purport of question, but' on its being repeated, he 'desired the' person" from whom it came to apply to Mr. Bond, the Actor. ney. Any statement that he might have to make, he should make through that tientlemau, but he added, " I do not intend to make any." The glass of negns was now brought. He bowed when it was given, sail, " Thank ye," and be gan to drink it., At the same time a large paper of sandwiches was handed to him, for which he seemed very grateful. Ile endeavoured to put them in 'his hat, Inn the liberOiny Which supplied .coni!d Hot be compressed 'within' 'ioein narrow limits, and lie was kidvi - sed to earry‘theniin:tii;; h an d. Up on this-he wrapped 'them in - an old• black Itindis.=e;chief. The Word " ready"'' was no iv given from without, to announce the caravan to be in waiting' for hint. •He hastily drank op what remained, of his negus, and, carrying the sandwiches with hint, he was conveyed out of the Hall . by the back way. He walked with a firm" step, and with an air of gloomy resignation, es corted by a few javelin men' to tine caravan, which be ascended, being still handcuffed to Mr. Eaton, and was caraied back to the prison at eleven o'clock, amidst a greater crowd than had accompanied him on any previous occasion.— There was no cheering as he passed, nor was there any expression of an opposite nature ; but the verdict of the Jury seemed to have made him an object of greater public interest than he had been at any time anterior to 'the trial, or dining its progress.—(Morning Post.) * 4 4 For the LITERARY its.vt EA', see the Last Page. THEATRICAL REGISTER. Perfornuni en Saturday Night. THEATRE ROYAL, DRURY-LANE.—:I New Way to Pay Old Debts : Sir Giles Overreach, Mr. Kean; Lady .A.llworth, Mrs. Knight. Alter which, Rugainino. ARSIVED—I France, Mal N t j a i l L F s landcrs, I Holland, 2Dub lin, I Waterford. PRICE 0. F STOCKS wELvz O'CLOCK. DAs- AT . Irm 3 per Cent. Red.....S I 811 3 per Ct. eons. 82 ki 81 I ; 82 4 per Cents 5 per Ct. N. Ann... • 107 B. L.Ann.2l I-1G 2t) 15-10 21; Imperial 3 per Cent. Ann. S2/- India Bonds,.. 105 s. 107.4. pr. Exch. 8i115,..205. 28s. 335. pr. Cons. fur 83 82 4 Average Price of Brown or Muscovado Sugar, computed from the Returns mode its the week ending the 14tb.day of October, 1817, is sis. 6d. per Cwt. HIGH WATER AT LONDON BRIDGE TO-MORROW. Morning, 23 minutes aster • 11, [ Evening, 47 minutes after 11. THE SUN. SOLEM QUIS DICERE F.U.WII AO hg.iT? LONDON, MONDAY, OCTOBER 20, 1817. Captain HALL, of the Lyra, who attended the Embassy,to the Yellow Seas, last from Madras with dispatches for the India Board, brings intel- igence of the Alabrattas having commenced bos- ilities. We received yesterday the Paris Papers of Th urs d a y l as t. Those of Friday, which were due this morning, have nut come to band. They contain a detailed con6insation of the re port of a Revolution at Algiers. It appears that -We, refrained from giving what has been cylvd n garbled statement of the ATTORNEY-GENERAL'S Speech, which appeared in an Evening ,Pistier, contrary Co the prohibition of the Court, and we shall -most respectfully conform to that prohibition.. As, however, Jeremiah Brundreth, one of the prisoners, has been found guilty, 'and as we still .refrain from publishing the proceedings, we hope we may at least gratify our Readers without off e nee in now submitting to them a Report of thatSpecch, as taken from a Morning Paper, which vouches for its fidelity. But we totally differ from what that Paper says in allusion to the HABEAS CoLeus §,VSPENSION AGT. It 26y0 the PaPer in .question (in reference to other-persons takesi into custody), " their incarceration without judgotteila that we deprecate : and surely, if other argameor, were wanting, the issue of thiS very trial,. held and most justly decided in the centre of' supposo disaffection, is an overwhelming Pinot', that thsp COnstitution may he left to those safeguards with which our brave ancestors have surrounded it."— Vi r e will not officiously presume to defend an AcC Which, in the opiniOn of all wise and honest men, was necessary to preserve the peace of the Country, and secure THE CoNsmtmov, ant! which has been found competent to effect those essential objects—but we may ask the Paper aly holed to, if it be a proof of Sagaatf l i6:jti(!g , :: merely by the Event A That the town has been calm riming the trials is highly creditable to the Inhabitants in general, but would that have . beca the case if the Act had nut passed, and if a bo": of miscreants had been suffered to remain at large, and to pursue their seditions machina tions ? We might rather expect 'that all would have been commotion and riot, that the cause of about tlOO of the ssoidielY went tO the Palace the n'egency b A :le retion too t 11,ct a change in the havin'g fo'ree with adequate to make 'any eWecival resistance, endeavoured to aPpeale the reVOltdi Soldiers, but they haring resolved he slisduldndi linger be their chief, refused to hear MA. i~le 'ciiec• his sabre and endcaVoure'd to defend himself, but Was over- Towered by his as"sailatils; lvlo6 'dragged hint down to One of the eina-Cs and strangled bitu Some pariieS Of the soldiery, spread through the town, hail in the mean time proclaitned another Dey, who took post , eSsion 01 die Palace of the Regency a few niOnientS after the assassination of his pre deceisdr. The Motive for this act of violence does not appear, biit probably the head and front of the late Day's Offending, was his having agreed to treat Christians in future with greater buma nity—a line of conduct which the Barbarians be ruled over considered to be most injurious to their interests. These Journals again metation the march of SpaniSh troops to the frontiers of Portugal, -wills addition that Marshal Lord BEttespouo hail in consetyience sent one of •hi; Aids-de-Camp to Madrid, to demand the reason of such a step, and that a body of Portuguese troops had marched to that part of their frontiers near which the Spa nish force was stationed. Rumours are reiterated of approaching hostili ties between Russia and Turkey, but there is tio. thing stated to prove that there is any founda tion for them. FRENCH FIVE PER CENTS. Wednesday G 5 f. Our Readers will recollect that this Paper, and this Paper only, stated some time ago that mat ters seemed ripe for an active display of differences between Spain and Portugal, and .that the troops of the former Power, had advanced to the Portu guese frontiers. This fact we stated on two oc casions. By letters from Lisbon, of the 2d inst., in'another column, it appears that there was an apprehension of an' invasion by the Spaniards. TILE FUNDS. In consequence of the reports on 'Change this morning, that a rupture between Spain and Por tugal had taken place, a great sensation was created ; Consols began fur the account rat 83, and then fell to-821, they afterwards rose to 824, Which was the 'nice at twelve o'clock. In addl.. .tion-to the above report, a rumour was circulated that • orders bad been issued by the Admiralty to fit out six sail of the line and seven frigates, for a forergn expedition, which, though 'wholly un founded, had an effect upon the Funds. Lord FOLKSTONE, who seems to be alwayv anxious to fish in troubled waters, has again been visiting the County Gaol at Reading ; a►aJ having ma►fe a complaint against the Keeper, has procured his dismission. IVe clee►n it impro- per to say more on the subject,' as the Keeper is not only to lose his office, but to he tried fur his conduct ; in the mean time, however, we may be allowed to compliment the Noble Lord on his hu manity. just IC, wool( force; hare e"•ery troy° tloctr the cl be to the F in tb, ceedi the c this ( aniICI forth Conti disse Whic and TI Cour uncle Co NI expr infou UStia •lllny Wig! bceti Will( WIC] of tl Nob tikr, vve. It d Inue TI ye3t, for shot beet . on I Gus 'to d t Lo; - inv PRI earl for 'ho intl Sat his tra ed at I 'Ca , !ti( PI