The Sun. — London, England, 1817-06-18 00:00:00

7'111 . 41, DEMMES WATSON, (CONCLUDED.) FIFTH DAY cuntinued.*-TITURSDAY, JUNE 12. ZACC 11 ELI 5 BANNISTER examined by Mr. ATTORNEY GENERAL. In December last I lived in Hyde-street; Bloomsbury; I know Mr. Watson, the prisoner at the bar, he took my (rent shop for his son; there masa key .to-• .the shop door, and a brick trey to the street door; 'Watson and his son caine'there together sometimes; I believe young Watson slept there, but I never saw the inside of the shop, so I- can't tell; Vickery the Officer came to my house in the month of December, I believe on Thursday the ath ; I was with Vickery when he -'inade the search, and there were several other. ,persons en tered the rooms e I saw them overturn every thing in the room,. and take away a great quantity of papers; Vickery forced the door; it was lacked, and I had not the key; I be lieve Mr. Watson, jun. used to keep the key.---(The witness was shewn a key which he said was like it.)--Worrall opened su p street door with a latch key. • Mr. WETHERALL heie submitted, whether papers taken after the arrest of the party was legal evidence • •COURT..--4Vhen we come to that we'll decide. ► The witness proceeded.--I remember Vickery coming again 'about the Gth of March; hi was there several times. A privy of my holise was munched in March. I was present when it. 'Was emptied, and some iron spikes were found. Mu. \CETI - Ie:KAU suggested the same objection, which be w.is before about to urge against the production of papers found so long after the apprehension of the party. couRT to witness.—Were any spikes put into your house before ?—A. Not to my knowledge. Mr. WETHERALL.—And I understand the witness to bare said, nothing was found at his .house, pea the ath or Nth of March. COURT.—When was the last time the Watsons were there It was about the 18th of November that I saw either of them there fur the last time. "• Mr. WETHERALI, now repeated his objection to the admissibility of the production of the spikes, as evidence against the prisoner. The law was, that papers found after arrest could nut he' produced against a prisoner, because they Might haye been fabricated and placed in a particular sitna tiun, for the particular purpose. The objection was taken at Mr. Hardy% trial, as appeared at p. 12:. of Vol. 11. of Edition, where the Attorney.Gencral offered to prove • a paper found en Martin and Thelwall after the apprehension esf Hardy, and the objection was allowed, though he said he thould prove it existed preriouily. Now the alledged place of (hiding these spikes was the lodging of the son, and not of the father. • It might be said, 'there was esidence that some person tool ordered such spikes, but this 'was begging the WilOk question. He was ready to allow, that if any evidence could bring home that Watson, the prisoner, previously or dered them, lie could not maintain his objection; and though something had'heen said of the money coining front him, no thing precise was attempted to beset up on the subject. • The LORD CHIEF JUSTICE quoted a case on the Nor thern Circuit, of plate found after a prisoner had been in • prison, in s place near which the prisoner was proved to bare been, and which led to the conviction of the party. • The objection was over-ruled by the Court, and the witness proceeded. I had never seen the spikes before I saw them taken from the prisoner. Crow examined by Mr. Serjeant COPLEY. The shop key is atommon kind of key; the street door key is a latch key. The privy was in the yard; there are several • perstaiS 10 different parts of the house, and the privy is common to the whole house. They go into the yard from a passage from the street; the shop dooravas on one side of the passage. 140 not know that either father or son slept there; they were sometimes there at night ; there were drugs in the shop, and the son was a surgeon and apothecary. It was a fortnight. before the 2d of December when I saw the Wat ions there last. lieexarnined by Mr. ATTOENEY•GENERAL. I bad no access to the shop after the last time I saw the "Watson& there, and before Vickery came. In answer to questions by Mr. Justice Aavotr, witness said, There were shutters to the shop window, which were usu ally opened by Mr. Watson, jun. they were not opened dur ing the fortnight before the 24 of December. Before then the shutters were partly taken down every day beside Sunday; nobody but themselves had access to the shop. John l'irkely erominod . by Mr. • ArropitY-GR . NERAL. I am one of the Police Officers belonging to now , street, On th e Nil of December I went to Mr. bannister's, No. 30, Hyde street, liluourstmry, into the shop belonging to young • Nation; the key of the shop could not be found, and 1 forced the dour. I searched the shop, and found some papers. The shop was newly fitted with furniture, the papers were litters ad oboot the, room; I mai ked them.--(Papers were shown to witncss.)—These papers I found in that shop. I went at ether times to, make search there, and on the 6th of March saw Mr. Bannister. A partial search was made in the Morn• ing, and at night the privy was cleared iu my presence, and :quantity of iron spiked at both ends were found. I had th.2nt asarl&d, and they have been in mypossession ever since, except two delivered to Mr. Litchfield.— (The witness produced the spikes, there were about 200 of them. They ap reared frotu ten inches to a foot in length, of rough square iron, about one inob and a half thick in the middle, and ta pered-each way.) ' cross • eiconlined by Mr. NVETH BAAL L. The firstlinit'l went in search was on the sth of Deeember, and the papers I produce were found there e there were a groat many papers--a general mass of papers, and these I se lected from theut---soMe.were in drawers. The ATTOItNEY-GENERAI, now proposed to put in the papers, waili Svai Objected to by Mr. WETHERALL. The priers, Mr. WETHKRALL contended, stood upon different groulodu:di - orrt , tba spikes, Ile said the question with regard to the papers was the precise , one raised in Mr. Hardy's case, where papers were rejected, upon the fabrication of which it se:ls proposed! to charge a distinct overt act of treason. Lord .ELLENBORGUG 1 - 1.--Thc nature of these papers has not bees openeitto. us. They may he connected with young 'Watson, and With him, in connection with the common oh. j cut, t hey Will be admissible against all. • • • ' tir.AATOIINEY-GENEItAI4.—One of the papers appears to be a plasm of the Tower, and another a drawing of . a ma eVite such as Castles described, to act against the cavalry. 'Aieithier it a eelchlation which' i should say, appears to be of military force; add another is alist of mimes, which have been mentioned say being to form a Committee. ' Mr. WETHMIALL.--No witness having connected them With the prisoner, I repeat my objection, _ The COLTAT intimated, that two of the papers were ad , missiwe, Seejeant COPLEY.—If the Court think so, I beg - le submit • that there is adifference with respect to the other two. • . •Lord'ELLENItOROLIpIi.—Wd will hear you upon them when they arc offered. (The first paper was put in, rind described by Mr. Barlow, the Clerk, as a elan of a machine, with the words 19 inches on it; and en the back was written William Befoy, No. 3, Slaughter,street, and Thomas Hose, N 0.3, Slaughter,Street4 Mr. WILiTIIERALL , shewed them, in 171)4, a letter written by.liin , PluAlwalt to a person not of the Committee, contain ing e,rtiiin sump which had been sung at their meeting! ; it was.nut Teed ved tai evidence. LeA 'ELLEN iiOHOUGH doubted if the writing in ques tinu could be pressed as evidence. The thawing of the ma eiliae*w.i4 certainly evidence in itself, hut the endorsement reis it Willi ' Th u pg. ; .,e, said to be a plan of time Tower, it was decided, coeld be' reeerett. Mr'. Gurney promised that a witness ahuold - rie furious:4A, to thew that 'the paper in.question re lated the Tower. The next paper produced was merely a string of names. Mr. WETHIMALL objected to these being received, 'as they the re niwidentified by any evidence that had been given. , 100 £LLENI.IOII.QUGH tbunglit if it appeared that these Were the nature Or a new Government to be established on 'the sahrersion of that now in being, the list Might be re- Serje4i..t COPLEY, said the name might be applicable to t o,non po poies, Lord-TILLFSBOROVGH thought this might be left to the cousitheration of the Jury. The names were then rend. They were fof S. Burdett, Thos. Clardy, Sam. Brooks, (Alt, Erans, _ten. G. G. A. Jones, 3' (oin coristiall -name), Walter Fawkes, Thompson; P.C. ; Waltinnati (no Christian name), 1., I.; Thos. Evans, 'on.; something like S.I. or S. Y. was added to this name. 'rile next paper was the inscription " Nature, Trtsth, duitice," with a drawing of the flag, on the back. A,paper was thins read, which appear,it to be part of a 'speech. It began onis and; Feliow it not necessary fortne state the ohji.et of our ole:iting . this day,,os by One of the te c..lotions :At the lost meeting, we wrft adjout ned to this day. Lurdett; on;iseeount of the illness of hI4 son, refuses to carry up your Petition to GeorgeGuelph-4*-R. Mr. Hant, eothavictice, presented it, but no answer fiat been E iven, nor we hear Of any tr.tention to ea the getller." The next Wr” It set of rotestitat itus,et supposed to have hetu drio.ro np to sotnuit to the ,soldiery. Mr. WWII LItA I.d. haring requested to see tbiadocument. dontendod that no eidenee had liven given at all connected with it, Ills objection, h e added, retied on the some grounds as that which bud been the subject of so much arguimoit in Mr. Sidney's case. CluitNF.l' submitted the paper itself was evidence of a design to seduce the soldiers from their duty. He read part'of it, which ran thus-- Q. Now long ought soldiers to obey their Commanders?— So lung as the orders-of their Commanders werejust. . It went nu to set forth that soldiers were nut mercenaries, and ought in certain cases to resist those above them. Mr. WEI'HERALL argued, at great length, that no eri- Acme bad been given of a design to print this s .or to circulate it among the soldiery. nor was this charged on the record, An unedited paper like this could not he received In evi dence.. It came -.precisely Within the rules of Mr. Sidney's case. Mr. Serjeant COPLEY followed to the ssmc effect-. The papers produced ag-ai nit Mr. Sidney, consisted of a Treatise on Republican Principles which were therein enforced. The paper now produced was on another subject, and one which any subject had a right to canvass and discuss. Ile did not say he had u right to circulate the result of his inq uiries,-but i every one bad a right to discuss such qu e stions n Isis own closet. The facts were not the same, but the principle con tended for was precisely the same as that asserted in the case' of Mr. Sidney.- The paper was unfinished, and might h ire been intended ultimately to assouse a different character. In Sidney's case, the papers produced were. in his hand writing. It was not pretended that the document now under consideration was in the hand-writing of Mr. Watson. Tlies ATTORNEYAIENERAIs mentioned the present case and that of Mr. Sydney were as different as any-two that ever came before a Court of Justice. The paper in question, he, cup tended, was confirmatory of acts, which at present he might say, were proved against the prisoner at the bar. This was obviously a part of the means to be used in order to infuse discontent into the Minds of the lower classes, and to seduce the soldiers from their ditty. Lord k:LLENBOROUGH said, it did not appear in evi dence that it was intended to print or circulate these questions cud answers among the soldiers. If this had been'shewn,' it could be received. At first be had been inclined to admit but, upon consideration, he thought it of too abstract ,ss sta ture to be given in as evidence. The othii- Judges concurred in this opinion. The advertisement by which the meeting. of the 15th No. 'ember Ives called, was then proved. The next paper produced was objected to by Mr. Wether ell, who said it appeared to bias to be the solution of a problem in algebra. Lord ELLENIIO4OIIGII wished to know if the Attorney- General could explain it ? The ATTOIINEY-GINEBAL said, it related to the amount 'of his•Majestr's forces, though the numbers were put in hieroglyphic. Some of the letters which it centained.be explained as follows : Ally ....... ... : Artillery A t»ion . Ammunition 11. Gil F. Gu115..... t :. Foot Guards Twr The paper be conceived to be applicable to some design of attacking his Majesty's forces. FIFTH DAY, FRIDAY, Jugs: 13. Mr. WaTtilittALL rose, and spoke as follows May it please your Lordships, Gentlemen Of the July, We are now arrived at the middle of the fifth day iu the trial of an indictment of. High Treason, of the must extraure ditiary description that ever occurred in the annals of British jurisprudence, and of such a description as .1 hope never to see again. A trial, the record of. which has no precedent in the Crown-office; width presents nut one or two strong and clear facts, leading to one or two deductions of law, but a en, fume of small facts, out of which, as I contend, is to be wrought a case of constructive treason, and which ought never to have been put art the file: On this record the unhappy Man at the Bar is accused of four treasones—lst, Of com passing and Imagining the death of the King, which consists in the contemplation of the murder of the King—ed, A trea son which, in its nature, may not consist ire such a personal intention, but which involves it in law-311, Of conspiring to levy war against the King, and 4th, Of conspiring to levy war to compel the King to change his measures. Before I introduce any argument founded on the law or facts of the case, I cannot but intreat your attention to the language of one of the meet pious Judges that ever graced the .inslgnitiet Seat (Mr. Justice :Totter) which I did not at first know I should have to refer.to on this occasion; hut it is a remark which I quote, 'not only as it may affect the life of the pri soner, but the life of every man. In his preface, he recom mendshis 'redone fur a particular reason ; • he says the learn sing tostehiner these suldeete, is a matter of iniiversal concern., Hunt—then is no rare& or circumspection can place any mata beyond an interest in it ; for there is not one am can tell in what situation he limy he placed by the inetaiiiiityof human affairs. And, Gentlemen, if you will recollect a witness that re have to dust with, you will be satisfied that nu mass in this liingdom is safeeven though he throw •te wall of eirenai- , spection around him to protect himself. I have stated this to introduce your attention to the getieral suspicion that Castles is the wretch who has made these persons his dupes—is him self the author and co/miter of ail these transactions. shall not new go into the tale of his infamy, but I will here just state, that it was only by an accident that Mr: hunt was not caught in the toils of this diabolical monster, and that he is not, by the artifice of this indescribable vil lain, placed at this Bar, to pass through the cold sweat of a trial fur his life. The. main view is to enter into the law rather than the facts of the case, because your attention hat placed feats and duty much snore accurately in your recols's lectiun than I could recat them. It is for this reason, that where- I allude to the facts it will be to trawl some general result rather than confuse you by details. But I will ergo sonic important considerations as to the law. I take it to be a proposition, of the law ant to he doubted, that the intention to do personal harm to the Sovereign, to impose restraint upon the free agency of his person, though the object be not effected, is high' treason. But looking at this first treason, when We recollect t h at Sovereign is now at the age of 80, and after a life of uuexampled.puelic and•private virtue, is; by the dispensations of Providenee, no longer able to carry on the affairs of this great Empire ; 1 say human .nature has impoied a bar to that intentions. ' Notwithstandi ng t h e common of our cemon nature, I will nut entertain the pos ' sibility for an instant. I might add toe, that a treasue of this description is so puerile, as to any purpuse to be derived from it, et a time when Govirnment is ire fact in the trawls of a Regent, that it is too familiar for an argument. As far as this goes, I shall content niyself with saying, the na ture of risen prohibits it. Need I add, that, in four days' evidence, - there. is hut brought home to the unhappy mast any expression , any circu ms t ance , t en di ng to d eny the authority cif this august Personage —not errs any contumely of expression is to be found any where, with the excep tion of that infamous ruffian Castles. If, therefore, thie charge has been put Upali tire record us a matter of form, I have no objection; but if of matter of fact, I say it is an imputation of perfect puerility. We will duets attend to the ed charge, which is that of conspiring to depose the King from his kingly office; or, in other, words, a treason, the actors of which propose to overthrow the whole of the Constitution. The Attorney-General said • the lit and ed counts were pretty much the same as the first, but I cannot agree to that law. The statute of Edw. 111, does not include the treason of overt-awing the Parliament which was made treason by the statute of 1795. But I will not stop to its , quire whether the statute introduced in 1795, has or has not varied the ancient law on that subject, though I must confess the statement of the Attorney-tieneral induced me to sup pest that if the eompaiiing the tWth of the King in the first count involved the charges in the ed and eth, that the id and 4th, were very unnecessarily put upon this record. We must here have some distioct• treason, but the Crown Lawyers put in four, to obtain by confusion, what could not be obtained by alledging a distinct treas'on: , It is not my argument to contest, the law, but to infer that the Attorney-General virtually admitted the second aril Bth counts to be unnecessary. Gentlemen, the ed and ads counts require you to suppose the existence of some plan'to depose the King, and admitting that all the treasons charged are treasons under the statute, Edw. 111. I should have said the (ugly treason worthy of your consideration, was that of conspiring to levy war against, the King, for as to the others, there it Out one *Hedged fact to make it even a colour: able case; and, I say this, because the p e rso ns are i n such a situation as n o t td be able to conspire to set op a new Government ; and there is no evidence, except a miserable list of names t a lk e d o f by M r . C ast l es, to support such a ridirt culous pretence,. You recollect, Gentlemen, that its 1795 there waea plan for demolishing the existing Con stitution, and setting up a Republic, 1 separate this eas e front that, for it is diff eren t i n every f eature, .There were at that time too many who were supposed to wish fur a change, and who hadalie means to promote their object. France was cantoeed out, and in &ticked there were affiliated Societies consisting of little short of:ti0,000 persons, so inti s tflately CAM. neatti together, as to enable them in the course of the post to rise simultaneously, in order to subvert one constitution and set up °nether. it its waste of time to draw a compari« son between that case and the present, and to ask y°er el le . ther two broken -doe-a Aputticeuries, a brokee-durve eietstlee # CtilAtll,63isti ZetlitfrailAif irreafirt, . tee lea ability of asiieli is refuted by is were statement of , t tic.r • number and their circumstances. in use course of his argument, the Attorney -General alluded to the .Spenceaus, and another Learned Gentleman (Mr. Gurney) contrived .to slip in a little ahont them, a s e t of people wh o se pamphlets 1 have read, b u t I h ave a ri g h t to say that the Attorney-General ' ought not t o h ave a d verted to them without bringing eri deuce to connect th em w i t h t h e present prosecut i on . Such allusions ought not to have been made, and they call only have been made to prejudice the subject. Why have we not had evidence given respecting them that we mixlit have been led in to take your opinion of their principles and in tentions. Gentlenien, without personal incivility. I must repeat, that those oblique hints ought nut to have been offered. The conspiracy imputed is unsustained by any external auxiliary force, for the infamous Castles has stated that these men were not connected with any societies what ever. As to the 4th Count, Gentlemen, I have the Attor ney-General's authority for saying, that it is involved in the other. I will add, that in 1795, the body then in correspon dence with France was so formidable, as to be put down by Act of Purliaiuent ; you had then an internal enemy to be encouraged by the French Decree of the 81st November, 1791, otlering to assist countries disposed to throw off their allegiance. There was a plait and force commensurate with the object. I will not insult you with a comparison of that and the case of those five men and the wretch who, if treason has been committed, ought to have been at the bar, instead of being brought forward to drag these unhappy men upon . a hurdle,.,again to receive the pike of blood„ by a horrid traffic in winch, unfortunately, lie has been befure too suc cessful. I now come to the coat not levying war. It is ma terialthat I should call your attentien to some learned and eminent authorities on the subject. The language is nut le vying War, but levying war against the King; and the ques tion is, What is levying war against the King ? The law presides, that this shall be a question for the Jury, fur the law could not a priori say what should he, the force, and how employol to constitute this offence. Lord Hale says it is a question of fact—it is a fact varyingwith each particular case, andao be judged of by a J ur y. I t h as certa i n l y b een laid Clown that there may be a constructive levying of war.-- The cases have been alluded to by Mr. Attorney-General, which Ide nut dispute. Thus a conspiracy to destroy all Meeting-houses, is a constructive levying tit war, because the law has said, there seen, be a toleiation ut religion, „nil this ~is a conspiracy for the purpose of destroying such a law. So a conspiracy to compel the King to make a peace or go to war at a pal ticular time—to break deseit ell enclosures--to pull down brothels, is a constructive levying of war. I have nu objection to admit the rule of law as laid down on the trial of Lord G. Gordon. These are admissions which I owe as an Advocate, for no mistaken considerations of duty towards the prisoeer, can make me forget my respect fur the law us laid down by Learned Judges, and established by the practice of -the country. lam nut for surrendering the law to a mob.-- it is a constructive treason 'to break down all enclosures, to pull dow n WI b ro th e l s , to open all prisons, and so on, y• Are do de su , and on these principles I am willing fur the issue of life and death to depend. What have these suers done Hive they clinked themselves with the authority of mobs fur any one 0: these objects ? If I advert to the evidence of this wretch Castles, has he said what they were to do—theywere to have a row, but were they to alter a law ? Wyre they to set up a new Constitution ? Is there any pretence for saying this, but the scrap of paper which Castles was ready to put any construction on that might best answer the purpose ? He in his exatninatioudoes not tell us thia any particular object was to lie attained—be does say that streets were to be barna. , cadoed ; lie does not say for what. The Attorney-General said, this was flagrant civil war, and he may contend that it was a levying war not to attack the King's person or any par- - ticular low, but ail law. Now let us see how this strums; for I rather think all these treasons melt themselves into the last, and the Atturncy•Geneeal must contend fur an open insure' rectioo. But let us look to the facts : with the exception of the unfortunate affair in Mr. Beckwith's shop, upon which my feelings are as strong as those of any man, but which, after the evidence of Mr. Beckwith's servant, I Heist consider au accident, was there a single instance of violence; when we contemplate it as an insurrection, and draw the veil over that. unfortunate transaction, I should be disposed to treat it raore ludicrously than the solemnity of the issue of this case de 2 . mends. Go to Spa-fields, and there you find half a dozen. pistols, some bullets in a glove, and some powder in a pound canister, With is flag and a flag-staff. Mr. Stafford routs a main division,and Sir J.SliaW disperses the remainder. If these transactiuns rise to the delinquency of Treason, mid constitute flagrant Civil War, some 'mirk of favour ougla to have been bestowed upon Mr. Alderman Shaw, .who, by his single proWess,• had suppressed is rebellion that was to have overturned the State. I would refer to lleristead's Cout o there was an attack on the Palace of the Archbishop of Can-. terhury, to compel him to cause Charles 11. to change his measures, which was considered a constructive l e vying of war;' hut Mr. Justice Potter questions this law. I don't care; however, whether it be Law or not. 1 will only ask, whet Privy C uunc ill or , w h at M ag i strate. or what pe.r sun down to the very'. lowest tilt whom the kingly maim , City • CAD be supposed to be reflected, was attacked.— bid they attack the Lord Mayor ?—I am surprized that the Lord Mayor, who Is in •the list of witnesses, has not been called to sp e ak t o thi s quest i on o f f l agrant-civil wet; for I if it existed at all, it was in the City of London that its force and pressure and vitality shawed itself, and the Lord Mayor would lie able to give the tatilt ilifilralatitin.on the subject; lint after the evidence of Sir James Shaw, the Attorney-, General thonglit it too ludierous. It was in the City of Lone don that this ideal anarchy, this ideal extinction of Kingly authority took place, yet. we hear from Sir J. Shaw an ac count so lielicroui, that the Conservator of the City himself is not called. It is said the Bank was to be eau:Wee-hart you any evidetice of an attack , on the Bank ?--No; but you have you say evidence of au attack on the Tower, on a foa ,less of the King, th a t you may i nt e r an attack on the majesty 1 of the liapg,;--if, however, you, take out C ast l e ' s evidence, what proof there that the Tower, with loud voice, in the language of the indictment, was, summoned to surreusler Half orahe rebellion was stopped before it reached Sir Jamei Shaw, and the other half Mimed into the arm* of the worthy Alderman ; the erguineet, that an individual seen on the outside of a Tower, ea yards iicioss, and thirty yards highs bad called it to surrender, was too contemptible to be ad: dressed to , a British bead. This insurgent force cousisted in the raviug of sole individual; it wits a war levied in Spa. fields, a war of words; not a constable even got a broken head. Mr. bowling, the shori - hand-writer, remains un cenfirmed by a single. testimony, .113. ,to any expressions dis respectful to the King. but allowing them to have been used, that was not levying war against the King; allowing the authority of Benstead's case, which I deny, mud that the authority of the, King destetided to the lowest constable, there bad been no levying wits against the King; the only war had been against the atmosphere, by tbectiving of a feu de joie in the air. I have adverted to Mr. Platt's case; do i murder;nileere.tbtchei jusre tice slas it t r o i n t y i b o o v t f l , i a: ; V f i tY ru r thetulgteulial:diacetyul of e t t i o n b f u e t r l d i techrue in hscati apolog istir,ahn of action; even allowing it to be murder, that dues not make it Treason; and putting that aside e tell rue whether nue person received the least violence, or that there Was the least expres sion of conturnelyagaitist the person or the majesty of the King? but they had attacked the house of one gunsmith on Snow hill, and the houses of two others in. the Mitiories, andabie was called levying war against thaleitlgt he admittedaleg an outrage, and a great outrage, had been committed; but. he denied that in attacking a private holm or private houses, war had been levied agaisist the King. If there had been '4 or ci on ril-.vrar, lie wished to knew where it h a d been commenced ? Did it begin at Sita.titidS, at Mr. B ec k w i t h' s, in the:llium - its, Tuwer-hill ? It was said the bilups had been broken ripest for the purpose of obtaining rums, and that this wasle vying war against the Sovereign. He denied that the mere breaking open of shops ought to be considered as such. They might have been entered forcibly, and arms taken out e but if this were admitted •te , have been dune, in order to levy ware still it was notilevying war. This might be the means of levying war, but it ought only to be viewed as the means, and nut as the end. The force thus obtained must be applied to the purpose for which 'it was intended, in order to satisfy the legal deliiiition in levying war against the King, or of any 'smasher of the burly, politic of the state. He fearlessly laid down this position, and called upon the Soli citor-Generali elit the b breaking ak i i i ie op his replyel tof t shopsloiispro w v a e s I n if itselfhe an tion and - a levyin g o f war, was ' u fallacy and afiction raiserd.rrheocue the part of the. Crown Lawyers, which could not be sustain ed. lie smelled that it was law, .that it had ever been so down by any Judge; that it could be proved to be so from any repOrts of legel pructtedings, or (ruin the works of any esteemed writee on the law of the land. The Attorney- General hag called.on hitu (Mr. Wetherell) to explain the transactions referred to, ana, if he did nu t d o t hi s to his satisractione why then "be (the Attorney-General) should tflits ake upon hiatielf to infer that war had been tried against Crown. He. denied ilea a right to do this. Ile (Mr. Wetherell) would Admit nothing. It was for tbe prosecut o r to make out a case of High Treason by manifest Proof- This he ;hewed on authority .of Lord Coke, That d ist iogeished.hiwyer bed laid down that it-mast be " rave' ably" made out, as the punishment therm:Weil for the crime of Iligh Treesan wee so seeere, that iii no other case was tbe bat' the rOnCstte . Wii that it was necessary that some *pelt sited should proveashly be made out" by sr direct and ipor. ;:r CORD 135 1 takta 11/11.3 144.1-14.4 e, on titi'fie Ilene. v.', A . d iefeetory account of the t tweak:hoes ss bich had t e p! tcc, the Attoriley-Geueral had no right in law to iafertie t u c i o i m n in g e ta w i tlieh Treason bad been committed. He repeated his st4e, went of what in the eye of the law was High Treaton,aedoti, i n t e h d in ti;: a t t th d e escr outrag. iptic e a s . w h r i l l h e been punished at such at various periods of our lintel!, .: not prove the smaller treason—that of conspiring w c : in one law to be repealed, and therefore he setillhed th e t rt t o treason to have been attempted. Unable to prove tit to bad been contemplated, he cut the Matter sho" , „,, assumed that he had a right to infer any thing' Thi7 i t, went he pressed in a variety-of shapes on the lure l ily ablest wri ters o n the law it was edmitted thin a notoriearte.. tj A ad ttorn ta ly. ° W , a flactersidi: t 7l J unction existed between " tumultuous riots, and ctrl Pe lions riots, a nd High Treason; tuniults had occurred r, more violent thanthose which took piece der the iiOlf, - , cember, which had been to come under the law the the Riot Act. Rut a marked distinction had at all tilets_?..if e made net only since theltevolutiont bat for .1.1111, antecedent to that event, between riots and High 1111 antecedent He traced the Riot Act through the history of 01 4 ,0 from the reign of Edward VI. in which the model o ~ A te he found, to the revival uf it in the time of Geo.' 'hewed that final the period jolt referred ta i u?,itt i o utt in ar been in existence that was held to be applicso'f, 1 „ o s actions like those un which the present. erott"liir ir grounded. He called the attention.of the Jury to the!. amble of the Riot Act, which set fora] that " Wholes 07 bad been of fate rebellious riots and tumults lit diva ) To of the country, and the same were condoned prestmOSl ~i r mak efuse e "' t o o there were no land then in being, to repress the try the king and his Administration baring Wu toO l ig e f 0 and falsely Itadueed in . order to alienate the affections _.t, hlajesty's subjects, &C. &e. The snouts. then otolLit fter the fetes. ali" the Riot Act. It also made it death nut t° i , 0 1 seeliisapchlrseatowibtebinpuanii:liehduuwritah deet It o ne ;,„ - ei where it was known the Magistrate was ,preve!dforetinjti, reading the Riot Act. 'Was lie not t belt. Ivcti bi alio he would ask, in his argument, that ei .. e l o Rita" was net a levying of war aeaitist the ~e eet e l o in . would assert, on his credit as a lawyer, wider e Y i n e sertion he would stand of fall, that if the l ~ et f be such as it had been laid down to be by the Lot, d., ell tiro Cla)411, the Riot Art wuniti be sirtually rePt air " eg o , dietiticiien .b e tween nuts and chit weir woola be eon ..0, eituriag ut Soule years ago very serious elute broke o at et to oto s and the houses uf Dr. Prietley, and of eight or e > e l tolt s Who w e re dissenters, and supposed to be ito tri L a. ni Government, wee burnt (fowl). But Sir Jolio ... ', 4 :,:ex- AttornerGeneral of that day, like the present Attei'vliirotie tiered, ‘ held these proceeding to be " a dogrl t i c reole' Acts of ten times greater violence were commet , si d o o had occurred in the present case. But did 15°,!..„ ei tt Scott do his duty to his country? , If the proese"do.".,Teree, 'sell-grounded it should seem that he did mot, !Or t u oct r „ooe cutions for High Treason were commenced on tea l m et U'rei it nut seen what a dreadful dilemma the'tte O2Tittie ral of tete brutight the Attorney-Getieral el 19' ' lle Us course now taken was the pruper one, an d if l ai esiell it tions now under consideration ought to bare Leo w ee, that scale of delinquency which t bey had been rain gellill W°uld the Jury , while they felt the pulsation of blood in their veins. while le lush utaleistandiusi,!„ o oci t to their h ea d s , decide that the tornalts at Dirmingot riots, and that the riots of Spa - fiel ds-- The ATTORNEY-GENERA L said, w° rds 118'3 berg '°‘ puled to him which he bad nut used. Hihgthrirnreas'Elolnl.EßAThLeL4duiodrnnottriGniepiuietrae t.o_him, lbsl444e:rbtisc:es,‘ words that he had but the facts were stt. ,i do or stated them to be. The ! riots at Birmineeisto 1 , de sil of surably more delinquency is them than these 01 . ,... 0n i tif December, yet th ese b a d never been thought to ,am"_eielA I had km tne r:, A occa.ion, raised such acts of outrage lido .t he ~ gl ee 1, particularly treason as had Meer Preen so treated before._..th Lesii,_ denied, he should call for precedents to suePurig " oe i, v est r, In the time sit George I. there had been riots ma! e " t et le delinquency than the present. He would reedittte!"eoeses or! grunted etery day t jiese At the History of Pr. Sratifiett. 01_11711'ry foes., Queen ne there was a strong party lii chi 4 cu io ;l es reir; able to a Pretender. The City of Landoll wa i . ie welt l'i:i in - the year tels. Of these 1)r. Swollen Vir e - account:— 0 0 ; serolt d tiY 1 distingurshed, and considerable rwthe opei " The spirit of discontentand tlisalfeel.ail itiok, proclit.io, lions against riots, and orders of the Je . ,st' r - ',"e, the 0 0 ",,ee ling tbeepeace. repeated tumults were rsat"teie. 111 , 1 te e in Rugland. Notwith'lta. (i. e. ie tie,7 , l o , tent' in the Cities of London and Weltla hlt 1 ..jiy * 46 ' te usua celebrated m, the ttetivessery of the Kittgouhltreji ' l4 .10. r ope. an,* of Joy and festivity , were w eeee sery of tit 1 1- ' lace; but next day, w hich w as the hoee, -- oteitirvs -,,,,e , eealt:fends fromoat nis:: t w K ill''ir‘4 l i i i o r l 'ul t lis pa tl ,t ia v u tn l t wa li ro:::l t zt e i d b m d , : ,. t . : a ti e h ,ni co li ,d r h t ih t e H..i t.C; C :t d s t l Y inp 7 t e W t: 4 - i rt ta i h f o s n O n ti e i bi s n i g i e l l ::; ‘ 1: t i l? r i e : :: :11 1i1: 0 °I f: 1 6 : 114: :: iert o Pt : o bd. :::: 1 3 ;:l t C ;; I: : : :: ti: :: r,,entant 'file people ei s . ebll r tee 0 t't it i e ve el and Or cone • crued in these riots. One liouritniels tile rU# l l it is tried that King George had no right tit eceetityrt This was the only individual that sen d eariellisfio'r itchael(),;"einedpooirtrbt:dsouiongru.t,thuteittiusltittosnbtottrit:ii:°4e.,:e.o4o,ad ty!:o;b:,,:cit_sell sion. At this tiara the seols of diseffect"' g o o O . 1 04 0 two of ribbon , 6 ..11.0 ens o , l a IV Councils: -- Lund c„, riot, but not treated at tease of High Tee 3o " " in en I,l °, l a r eert, time there were men of the highest lord c b s ticrl'?. l oo9 , formed Sir Joseph Jekyll, Master of the Rolls l 311" venni, an Attorney-General. Ile (Mr.. Wetherell) o 0 g 01.4,s credit, as a lawyer , on his veracity as an hienit:tat 'th e e 0: 00 0 industry as an investigator, that till the P r ` i , t e d, ii , t 4 riot as t hat, of the 2d of Dec WAS Dever at"' litiott ' ild High T reason .. The words ' " Rebellious .. o; . ells.' e i s ht o 4 l eer, was then ln, 5ir....,,p.0.. he shown, were as old as the ,time of flu tr 'e e t; and edlt evidence that could be given Ite it Ira! pu t ia"-kstoot 1 4 1 '''sitil i o i part of the preamble to the lleot.:l:rotsily,it.lotos said, but what the law said f or iteell. '''.' - ttie Act if 'lee Riot Act to bare been framed to supeor" the 01 0 . . b eee. went, which gave the King a right to the o r vied arr. his theaee he 'contended it was in every ewe' e , boot, it "" to rebellious nots: He could bolt into no " s c 110 t ~,,, . ....,,.. ~4 ~ these argurneuts were not supported. ei- - 00 * W kl . the first day might lead to Acts of treai ee j t wit' thsreeltir day, it was not, therefore, to be tuaintaine _ vis t it fe l son had been committed in the first inste , % an del, ritell like saying, that. Saturday the the sanic s h i" e be it.. t li s tle Is A eb ei wt , sent-hhheiiChiaawilinauis'taltspeassnraltteutduriatbleee' bnoiurnrieggearugmtab:lll:tnitid-;fri!rad6:°ll:f4;tiosg:;l:i bellicius Riots," might even he traced haa _Q 0 , isni of: to the time of Queen Eliz. 'rtleiC words sece,, 0tbe,41,0. the law, and not his. He furthershewed that t r ii‘ o l of !P ir , be . Mr. Reeves, who had now retired from the ° h i 'J00 0 ;1 0 Lord Auckland, were in hit favour. If tli c . a o '4 dee twecn " Rebellious Itiots" and Oi l ' Tr o l o A c ' ele :l I ' ll lo I"' 3' away, riots, with much less delinqueney co tteree fter gi .or i . than those of the Id of December, ,h,,, i po t VI., l' e secuted as High Treason. If the Jur) el l '; up ili I° i ill , ,i t i barrier' he was of opinion it must be gi . c _ coo lit, . 00 ~, nuts, three years ago, on the pasting of Pe en es t el° ol IV:,- an insult wee offered to the Siete. by she ° ore eri°, tr e houses of Members of Patlianient, were e i .e, Gerr ° ' lt t' i Sir " • it tree , ' those now under consideration.; eut • . „e l le, ,°, 0 , of Attorney-Genetel, never thought of pro' it toes casitm, ally indictments fur High Trsessoa;i2lit u' . o , s; 'my-Genera-who bad sticceeJed him ar.'' Ib t ee i li t leil,,, h ey•Grnrrs ued, had pursued, he ouelit to bard autie•_.o „ofil u t been brokeu open in the riots, arid o ne ieT.,,,nsing, „dee/ the tumults of the od of December. 7 .,.1 2 *io ta_ ;v4 shops, sir but one, bad been broken oeell_ass'itoeitM.Vositt. if it would stilt have beers tleaaoh. tie ''' ro ot dy , if where the limit wee to he found, if y the l ..inieite.o .it. be rioting and treasen were ti bweitidlenti to e it a tol i oo compasses were opeued one inch, l e be : tor y a:141,4 they might not be extended six. li t sic') 11 (0 ! it aA I ott‘ character of ownTre to apply to I, _ .e , to j it i lid 11 0 if? unstring their nerves, and drair a tilf.'„: w hiell . o , os iii t o" own veins. They would give tie I ;: ati d the/ etleti _framed fur the protection of the suberci_ ~,eislri,,,, 0.1 cover it no genre. If stronger IWO We.rat:;ioolitt'agt* be enacted—but they ought to gu Ott , il t u tu gismo 'l4O they ought to leave them to be made I t.cio in a fe d as ioo i t not take upon themselves to supell, 1 ,",. he b e d i et) s; 'ice. This 111.1p0114114:e of the pridelp.,-ie sppeelarofi.ot enforced with lunch legal eloquence. Ce te een le re eP o e Jail , if there were net distinctione and fele ! o n d the benefit of clergy; and "' 1 4 . ell other °,72-o t o iti l roaustaughter, and between felont ..wao;e4, whearile;ceffri`A. eroscupie distinctions were tra d e be . e res „,et to ins il those, wttch till now had existed wall a . ~r . ,,,,i , , l ei Rh es ," and High Treteeon, prisoner' had hteu charged with a i° e 7 w oe Iti ode Bali; with felony' at the t/Ikl Relief) 'm'orss She., lei 'Ol Trea.son in the Court of Ring's liett_o_ . .i ? cshee',;ette trite', filet toch things veld take Pr 7,,, y , If, ;: i I , A V g ' ((Ted the sentence of the law fur le. idol weo 41 t e were engaged in high Treasoue the l ' tor y 0 4 merged lii etre greater crime. - eatse tied ft Lutdst:LLENBOItOUGH said a u to be toguysdoor :ilk