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

71.1.4111111

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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.rlrani !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
lee 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, he knew
Cotouet Despard ; that it twat swenty-them es a,: rtgo since be
Saw him. lie ioetuase actosairgesi with bun uiJa!uaies, "lieu