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London, England, 1803-02-10 00:00:00

4

Ram; they were encouraging each other to take
cards, and got as many recruits as they could.—
MsNatuara was resent. The. delegates were to
take the papers into the country to be distributed.
'I hose who took cards paid Isi for them. 1 remem-
ber a meeting at the Hoop and Ram about a fort-
night or three weeks before Lord Mayor% day ; the
same plan was pursued. Breeightou, Wood, and
M'Gray were there, and Batten was in the chair. I
know the. Bell in Tower-street. I was ordered to
attend, but it being during evening .service, the ,
landlord would not let us in. We went to the can-
teen or stone kitchen in the Tower; that was on a
Sunday, about eight weeks before Lurd Mayor's
day. When they first met on Tower Hill, they
were about thirty, but they dispersed, and only
about thirteen went into the Tower. They were
planning that some should go to Woolwich, to the
Warten, to try if they could rot get some of the
people there to unite with ahem. I remember a
meeting the Friday after Lord Mayci's day. I
was at work at No. lb, West-square. Broughton
called upon me ; he said, " Windsor, come wiili me
to the Flying Horse, Newington ; I wiil introduce
you into good company." I told him I could not
negleel my business, I had a wife and family to
maintain ; he said, damn you, you must negleel
your business ; I negleel mine. 1 went with him.
I remained in the tap. Brougleoa said, don't stop .
there, come along. I found a gentleman in the
parlour, who called himself Colonel Despard,
Broughton said, that is Colonel Despard. I made
my obedience to him, and took my scat. Mr. Ensb-
lin was there, and Samuel Smith and Arthur Gra-
ham. Graham and Colonel Despard fell into con-
versation for some minutes, and then Emblin. I
did not hear what passed.
Graham offered a piece of money to Colonel Des-
pard, which he refused, and then les said, you shall +
have something to drink, and then ordered 1 s. worth
of brandy and water. I heard Emblin observe tu
Colonel Despard, that there ought to be a regular
orgatzation in London. Despard said, No ; a re-
gular organization in London was dangerous, as it
was under the eye of Government, but a regular
organization in the country was necessary, and he
believed general. He said the people were every
where ripe and anxious for the moment of attack,
and I believe this to be the moment, particularly at
I.ceds, Sheffield, Birmingham, and every capital
town in England. I have, said Colonel Despard,
walked twenty miles to-day, and the people are ,
every where ripe, where I have been. He said, the
attack was to be made on the day his Majesty went
to the House • and his Majesty must be put to
death, and the Mail coaches were to be stopped as a
signal to the people in the country that they had re-
volted in town. After this convcrration, Windsor
says he, Wood has mentioned you to me. I shall he
glad if will meet me on Monday morning
.on
Tower Hill, at half-past eleven O'clock, and bring
with you four or five intelligent men, to consult on
the best method of taking the Tower, and securing
the arms. I promised to meet him. In the course
of that alerting, he said, I have weighed the matter
well, and my heart is callous. I believe he said this
after he said the people were ripe. I promised to
meet him, and bring the intelligent, persons he re-
quired. The servant girl came into the room, and
Emblin gave her 3d. saying, I will kiss you when I
come again. I might have staid there about an
hour and a half. Upon the Monday I met Colonel
Despard at the Tyger, on Tower-hill. I took Wine
terbottom, a soldier of the same company, with me.
I was there ezasals at the time appointed, and the ,
Colonel came about Ave minutes before twelve.—
When he came in, I and Winterbottom were in the
tap-room. Colonel Despard made a motion, and I
went out. He said, are those people belonging to
us. (There were four or five in the tap-room.) I said,
Yes. He said, bid them come with me. I replied,
there is only one I can depend upon, and that is
Winterbottom. He said, as you are in your regi-
mentals, and well known, do you take one direection
and 1 another, and meet me at Whitechapel-church.
I returned to Winterbottom, and went with him
according to appointment. Tice Colonel walked
gently before us till we came to Whitechapel-church.
He pointed to a public-house, the Two Bells, and
said, I will find a man who will give me information
teapeaing Lynch. He asked me if I had got
money ? I told him I had. I remained there about
half an hour before he returned. Ile brought a
man of the name of Heron, a discharged soldier.
At the Flying-Horse, the Colonel had desired me
to enquire for Lynch, who might be trusted with
any secret. He beckoned me out of the public.
house, and we walked up and down Brick-Liao, and
during that time, Windsor said we are deceived ae
to the number of ar.ns in the Bank ; there are but
600, and they have taken the hammers off to ren-
der them useless, so they must have been apprized
of our intention. We went to the Coach and
Horses in Whitechapel, and had two pots of porter
and some bread and cheese. The Colonel said,
Windsor, do you know those two soldiers at the
top of the table ? I said, I knew them by sight;
he said he believed they were two of us Ile 'Ask
Windsor, his Majesty must be put to death, acid
the will be at liberty ; he afters' ards invited 4
the finieers to eat and drink, but they refused. lie
said he would make the attack himself the day his s
Majesty went to the House. If he could get no;,
assistance from this side of the water, he should',
make the *truck with what forces he had from
Blackwell, Allitechapel, and the other divisions
in Middlesex.
It was then understood, that the 94th of Nov.
was the day his Majesty was to meet Parliament.
There was, however, a new appointment; he asked
me if I would meet him at the Oakley Arms, en
Wednesday, with eight or ten intelligent men, to
consult on the best method of attacking the Tower,
and getting the arms ? I told him if he would
come forward at the different divisions, and shear
the people there was such a man at the head of
them, they would be satisfied. Colonel Despard paid
for the refreshment we had, and them we parted
about a quarter before two. In the course of the
same day, I saw Ratten and Wood ; Wood said he
would post himself sentry over the great gun in the
Park, load it, and fire it at his Majesty's carriage as
he passed it to go to the House. kle might in the
course of duty be on that guard.
I went to the Oakley Arms, on the 16th Nay.
I arrived there about nine o'clock. I found the
officers were in possession when I went there ; I
went into the tap-room ; I had a pint of porter ;
I saw Mr. Stafford. Introduced the conversationtu
him, and told him who I was. I communicated to
him that I was acquainted with circumstances re-
lating to that night's business. He told me to be

• .41C.

at Union-Hall, a quarter before eleven o'clock. I
never saw Erablin before, and was introduced to
Colonel Despard. The saltness produced a card
similar to the one he had left with Mr. Bownas.
Cross-examined by Mr. Beer.
I have been a soldier eleven years. lam twenty-
fire years old last October. I belonged to this con-
spiracy about six weeks after I came from Chatham.
John Francis swore Blades in. I was at the Oakley
Arms on the 16th. I took a man with me of the
name of Mayhan, who said he had been united in
Ireland. I might have invited people who had not
attended before to make them believe they were part
of the conspirators, for my own safety.
Bovensu (examined by Mr. Costinoe SER..
JEAN I. )—I am an army agent in Derby-street. I
believe I had the card produced left me byWindsor.
I gave him advice as to his conduct. It was about
July last.
William Campbell (examined by Mr. Woon.)—l am
a soldier in the Guards, stationed in the Tower. I
know the Coach and Horses in Whitechapel. Was
there with Charles Dean, on the I.sth of November.
We sat in the box fronting the fire. I remember
four persons coming in, two soldiers, and two others
in coloured clothes. One was better dressed than
the other, and had an umbrella in his hand.
The two soldiers were Windsor and Winterbottom.
They were discoursing together, but I did not hear
what they said. They asked the landlord. if they
could have some bread and cheese ? and he said he
did not keep any, but they might buy some a few
doors further. We were asked if we would have
any bread and cheese ? but we told them we had
just dined. The other man in coloured clothes '
asked after several men in our regiment. The two
soldiers went up towards the Tower, and the other
two down Whitechapel.
Charlet Dean (examined by Mr. FIELDING.)—I am
a soldier in the Guards. I remember being at the
Coach and Horses, Whitechapel, on the 15th No-
vember. I and Campbell were sitting by the fire.
I know Winterbottom and Windsor ; they came in
with the prisoner and another.
yorepb Waller (exam:tied by Mr. AIIIIOTT.).-4
keep the Coach and Horses, in High-street, White-
chapel. Campbell and Dean were quartered there.
I was in my cellar. When I came up stairs I saw
two gentlemen, decently dressed, drinking alpot of
_porter. They asked, if they could have bread and
. cheese. I said they could not. Windsor was one
of the two. 'While they were drinking, Dean and
the other soldier came from the Tower, where they
bad been on duty.
Thomal Blatt (exam Med by Mr. See jeant SttEP HERD .)
am a private soldier in the first regiment of Foot
guards. I know John Francis. Remember a con-
versation with him in the presence of Windsor. He
said, a number of free and independent gentlemen
had established themselves, to form an independent
Constitution, for the old one was much broken.
'l'hat the gentlemen wile had established themselves
were determined to risk their lives and fortunes to
form a new and independent Constitution. They
desired me to take an oath to join them. No oath
was produced at that conversation. The Sunday
following I had another conversation with John
Francis. Windsor was along with me at some
pqt of it. A card was produced to me by John
lirta,ncis. I read it. I can't recollect the whole of it.
lewa. s to this effect We do swear to unite our-
safes." We swore in the presence of Almighty
.1150 d to get those tights we took the oath to obtain.
kissed the card. :Icahn Francis told me to do so.
This passed upon the parade. We then went to
the Hand and Windmill, in Windmill-street. I
was there the latter end of June, on the night the
balloon went up from Lord's cricket-ground. I
went there with William Francis ; John Francis af-
terwards joined us, with a man of the name of Con-
nelly, and M'Namara: there were some more per-
sons. whose names Ido not know. M'Namara ad-
dressed the company, and said he came from the
Executive. He exhorted them to stick together,
and arm themselves, so as to make head against
Government. He said he had full power to appoint
a colonel to command the first regiment of National
Guards; he appointed John Francis, and autho-
rized him to appoint three more, and likewise an
officer of artillery. Nl‘Namara desired he would
appoint the others without partiality. He appoint-
ed me as one, Connelly another, and a little man,
whose name I do not know, to be captain of artil-
lery, because he was used to the great guns. John
Francis and the little man went out together. John
.Francis came back; he had a paper in his hand;
there Vac wrote upon it, " First Regiment of Na-
tional Guards," and an appointment of colonels to
command the regiment: There was one of the men
said something about commissions, but M'Namara
said, that suing out commissions would be signing
their death-warrants. He said, the officers should
receive their commissions the night before the at-
I was the

tack. The next time _ saw . ~Vancis
tith of September. I was on the main guard at the
Tower. The next after that was the 12th, the Sun-
day; he came to me at the Stone-Kitchen in the
Tower. On the Monday following, I was at the
Bleeding-Heart, where I saw Lloyd, Wood,
Tyndal, Pendril, M'Namara, and Winterbottom.
There were sever-. 1 other persons with them. Bat-
ten spoke up. He said he had come from the Bo-
rough,_ with Tyndal, to know the determination of
the Executive, as to when the attack was to take
place. They said it would have been sooner, if it
had not been for two or three cowards : but it
should lose nothing on his part ; he could bring 1000
men into the field at any time. He said, if he saw
any man assume the least symptoms of cowardice
he would blow his brains out. John Francis said it
would be better to make the attack as soon as possi-
ble, at least before the den of thieves met, a term
by which he meant the Parliament. He said, if
they discovered our plan, they would ena& such
laws as would prevent the possibility of meeting
again. Pendril said it could not happen. He had
belonged many years to the society : many had beer,
taken up, and not divulged the business. If any
man did divulge it, he should have a dagger in
his breast dire&ly. Wood said if he should not be
there at the grand attack, he should be where he
would be equally useful. He said ammunition
would be provided. M'Namara and Pendril both
used the word Executive, but it appeared to me
Pendril was one of the Executive. One Sunday I
met with John Francis, gad he asked me to go with
him to Tooley-street, to the Black Haven. I did
so. There were Hatton, Tyndal, Wood, M'Na-
mara, and six or seven Irishmen, in a state of in-
toxication. There were about twz..lve or thirteen.
We had similar conversations. The conversation
we had was concerning the form of government. I

remember being at the Oakley Arms, on Tuesday
the 9th of November. 1 was going from East
Smithfield, and I met Broughton, who told me
there was to be a meeting prior to the attack. He
told me the heads of the people would be there to
settle it. I went into the tap-room, and called for
a pint of` beer and a pipe of tobacco. I asked the
landlord if he knew a person of the name of
Broughton ? He sent a boy up for him. Broughton
came down, and took my pint of beer, and as we
were going up stairs, he said, the Colonel is there.
I went into the room, and a gentleman presented me
with a shillingsworth of rum and water to drink
round. It was Colonel Despard. The way..l be-
came acquainted with him was this: Wood said the
people who are come to settle the business should
retire to one end of the room, and those who came
to skew their good-will should go to the other end.
They were called representatives from different divi-
sions. The men who came to chew their good-will
retired to that end where there was no fire. Colonel
Despard sat at the table nearest the fire. I did not
hear what passed among those who were at the fire.
I conversed with Broughton. He said, there is the
Colonel; did you ever see him before? I said, No.
He said, he is a very fine man. I asked if he was
fluent of tongue. He said, yes, he was. Wood
said the properest place to attack his Majesty would
be between the private gate at St. James's Palace
and Buckingham House, as the Life-Guards would
have left him. Broughton said, at the same time
the Parliament House must be attacked, and after
that hie away to the Tower. I never afterwards
saw Colonel Despard, or any of the others, till they
were taken up.
Cron-examined Ly Mr. GURNEY.
—I have been a soldier nine years and four months.
I have been punished twice. I have been tried three
times by courts-martial : once for absenting myself,
or deserting. I never was charged with any theft,
or brought to a bar. I never had any charge made
of any theft. I know a person of the name of Tit).
betts. I worked for him, and some Lather was lost.
He said I had made away with it. With regard to
that leather, I paid Mr. Tibbetts for it. In absent-
ing myself from the regiment, I contrived to get 200
miles off.

Re-examined.—l was forgiven, and have served
since twice on the Continent.

Franca examined by Mr. PLUMER.—I be-
long to the first battalion of Foot Guards. I have
been two years in the army. I know of a practice
to swear soldiers. I have been applied to by the pri-
soner, Despard, at the time. It was on Bartholo •
mew fair-day. I had been applied to by Wood and
John Franci., my brother, to be sworn to their inten-
tions against the King and Government. Cards
were produced. What I understood was, that the
oath bound us to overthrow the Government, and
kill the Royal Family—so help me God ! They
proposed to me to kiss it; but I never did. [The
prisoner was shewn the cards and bills, and identified
them.] Colonel Despard asked me what were my
principles as to the cause going forth respe&ing
taking the Tower that day ? I told him I did not
approve cf it. He said nothing was to be done on
that day, for he expected money and news from
France. The people on Tower-hill dispersed, be
cause the plan could not be carried into effe!t. John
Francis said they could do nothing that day. It
was at the public-house Colonel Despard first pro-
posed to swear me. He read over the oath. I saw
him afterwards at the Bleeding-Heart. John Francis.
my brother, Wood, M'Namara, and many others,
were there. The paper was read over containing the
plan for taking the Bank,Tower, and Horse-Guards.
He read over the same paper in the corner of the
room, and desired me to kiss it. He said he hcpcd
my principles were mended. I did not comply.
He said it was very odd my principles were not the
same as my brother's. The Sunday after the
Guards came from Windsor, I was at the Coach
and Horses. Francis was there, with M'Namara,
Wood, Newman, and many others. That meeting
was concerning a paper Ratten brought from Wmd-
sor, respelling the plans of Government. They
drew their bayonets, and wished to have the plan
carried into effed. They went to the Flying Horse
to settle the business. M'Namara said he expeded
to find Colonel Despard. We drew our bayonets
as before. M'Namara said he would convey our
desires to the Grand Committee. It might be a
week before I saw Colonel Despard. We had one
shillingsworth of gin and water at the Running
Horse, Tottenham-court-road. The prisoner hand-
ed a small card, wishing I would kiss it. I said, no;
I had been sworn once to be true to my King and
Country, and I never would be sworn again.
Cross-examined by Mr. Serjeant BEST.— I have
been a soldier two years. Never got A flogging, or
was tried by a court-martial. I did desert, if you
can call it so. I was not twenty-four hours from one
battalion till I returned. I came from Chatham
with a person of the name of Cassel. A corporal
and two privates were sent after us. Cassels had
some watches, one of which he pawned at Cha-
tham. My brother never charged me with robbing
him.

Re-examined.—Cassels was a watch-maker by
trade. When I came to town I voluntarily gave
ruswif up, and told where the watches had uteri
pawned, and I was forgiven.
Patera Connell was next sworn.
Mr. Serjeant BEST objected to his giving evidence,
as in the notice to the prisoner of his being a witness
on the part of the Crown, he had been stiled yobs
Connell. It appeared that when he was taken up at
the Oakley Arms, he had, by the desire of Colonel
Despard, said his name was John.
ATTORNEY GENERAL.—" I had rather we should
not have the benefit of this witness's evidence,
than that there should be any doubt upon the sub-
ject."
Lord Et EN aottouon.--ig This is very handsome
conduct on the part of the Attorney General ; but
when it appears a false christian name has been as-
sumed, at the instance of the prisoner himself, for
the purpose of a fraud, he has no right to avail
himself of the objection."
The witness was put aside.
John Bird (exani nal by Mr. Gaakow.)—l know
a person of the name of John Francis. I remember
his coming to mt- at my lodgings at New Windsor.
He asked me who I worked for. I told him M'r.
Grant. He asked me who he worked for. I told
him the Royal Family. He said he would be bound
for it he was a "reity villain. He came again. It
was the beginning of August. He told me the King
would be dethroned ; and he also told me how the
next Parliament was to be raised. Every parish was
to form itself into a committee of fourteen, and then
into a committee of sever. ; and one out of the

■

11..•
A ;

seven was to corns into Parliament. He asked me
about Windsor Castle, and what kind of a place it
was. I told him I did not know. I only had been
through the cloisters to the cathedral. He asked me
what plate there was ; and whether it was silver or
;old. I did not know. lie gave me a card. I read
st ; and offered it him again. He would not take it,
and damned my soul, and desired me to kiss the
book. I put it to my head, and then threw it to
him, and it fell down. The card produced is the
same in substance. He asked me to let Lim leave a
book at my lodgings. He said it was one he did
not like to leave at the barracks. He ()tiered me Js.
or Ss. 6d. to come to London, and 201. the day I
should be called upon to When I asked him to
what purpose, he said, to fight 'and break the chain
of bondage and slivery.
jobn (examcard iy Mr. G Rao w.)—l am a
soldier in the Guards. I know one Wood. He

:hewed me a card, and said, will yon agree to this,
and abide by it ? It was in size like this. He told
me there were upw-ards of one battalion of the
Third, lying in the Tower, that had already en-
gaged in the Constitutional Society, and about
thirty of the First. Upon coming to toun from
Windsor, I saw Wood and Francis. They pro-
posed to me to go to the Hand and Windmill, as it
should cost me r.othing. It was the second Sunda'y
after the battalion came from Windsor. I sat in
the tap-room, but afterwards went up stairs, and
found abort eighteen soldiers, and three men in co-
loured clothes. They we-e drinking, and the toast
was, " May the wings of liberty never want a fea-
ther," whichwas drank by the company. Wood said,
when the witness returned the card at Windsor, the
King must be put to de.tth. There were present,
Francis, Morgan, Newman, Robertson, Msyhall,
Brown, and many others. John Franc;s told me,
when we returned to London, he should receive
Ss. 6.1. a day. I saw them once afterwards, at
the Bleeding Hart, Charles-street, Hatton-garden.
Francis and Wood were both there.

Croieexam ad by Mr. GUNNEY.-1 have been a
soldier two years and eleven months. I have been
punished. I received 200 lashes for absenting my-
self from my post.
Robert Tombuox (examined by Mr. COMMON SLR-
VANT)...--4 am a soldier in the Guards. The se-
cond Sunday after I returned from Windsor, I was
at the Hand and Windwill ; there were about forty
soldiers. They were drinking. M'Namara asked
me, if I would be sworn in ? I asked, fur what ?
He said, free and easy ; to overthrow the present
Government, and have the same as France. They
asked me to come again on the Wednesday follow-
ing, but I told them, I should be on duty that day.
..7obo Robert, a soldier, deposed, that he had at-
tended a meeting at the Hand and Windmill. It
was on a Sunday. As he was coming away, some-
body tipped him on the shoulder, and asked him to
sign the call.'
PeterPdlard, a soldier, said, he went to the Oakley
Arms. Daniel Tyndal, a carpenter, with whom lie
worked, desired me to go there. It was the 16th
November last.
John Exibbx (examined by Mr. G A It itow.)—l am a
watchmaker, at Vauxhall. I was found at the
Oakley Arms, when the prisoners were apprehend-
ed. I was first informed of the meetings by Lan-
der, about three weeks before. He asked me if I
had heard any news. I told him I had not. He
said something very particular was on the carpet.
He asked me it I had heard of any society. I said
1 thought they were all ovet. lie said there was
a party forming stronger than ever, and that they
looked up to Colonel Despard as their head. It
was on a Sunday when I saw Broughton. I was
talking to Lander, and Broughton came up. I ob-
jected to the plan of overturning the present Go-
...en m ant, what Broughton called men-eaters.
Brutiirhton flew in a passion, and said they were
sure of' sttccess. He applied to me to form a part
of the sc7i sty. I told him I would not; that I
had my v if: and family to take care of. Ile pro-
duced palms to me. I read one of them. He said
they were as a society for them to know their
friends. They said, when the attack was made, all
who were not of their principles, ....mild he put to
death. On Friday, the 12th Nov. I remember
being at tlt. Qe,:en's Arms, Vauxhall. Graham
was there with tr.e. Broughton came and tapped
Graham on the shoulder. He came to me and
drank with me, and asked me to go to the Flying-
Horse ; said there would be such a ni.:e man, I
should be delighted with him. I asked who it was,
and he said it was Col. Despard. He said the day
was fixed for the attack to be made, when the King
went to the House. The King, said he, will be
stopped as he goes to the House, and the business
will be settled. I believe he said the Tower would
be taken. Broughton said he must go, because the
Colonel was so punctual. He took Graham out.
I made a pretence to g 6 out, and I heard
Broughton persuading Graham to go. Broughton
went away. Graham said he would be there
in an hour, and I promised to go. He said I did
not think of these principles. I no more; but
I had a mind to go to see the humour of the busi-
ness. 1 went to the Flying Horse, and found Des-
pard, Brough:( a, Windsor and Smith. Windsor
was there bel:ge I went in. I found them engaged
in conversation. Broughton desired us to sit down.
Graham sat by Colonel rd, and I sat by him.
Windsor was speaking !fel:form of passing the
keys at the Tower. He said that the praaice had
been for the constable when he passed the keys, to
say God save the King and Queen, and for the sen-
tinel to say Amen ; but this ceremony had been
omitted for three weeks. I asked Broughton who
Colonel Despard was? Broughton told me. I made
an apology to Colonel Despard ; I bad not the
pleasure of knowing him, but I had read of him in
the Cambridge Paper. The conversation was about
the Wet Docks, and the hardships of employing
the soldiers to do duty there. I asked Colonel Des-
pard whether any particular business was in hand,
and what he thought of it ? His answer was no-
thing ; only it seemed the wish of a great many
people, that an effort should be made on Tuesday
next, to recover some of those liberties we had lost.
I asked the Colonel if he had any sufficient ground
or force to go upon. He said yes, a very con-
siderable force indeed ; if the peo le come for-
ward
in the way 1 have been given understand.
We have great numbers in all parts o the kingdom,
Birmingham, Leeds, Sheffield, Manchester ; and in,
near, and round London, the people are every where
ripe. He said he had been engaged in this busi-
ness two years. I have travelled, said he, above
twenty miles to-day, and the people wherever I have
been are ripe and anxious for the moment of at-
tack. I asked him if be bad any regular organiza-


tion. He said, no; a regular organization would
be a mural impossibility, as it would be so near and
under the eye of Government ; but in the country
it would be more general. I asked him whether
the attack was to be made in London and in the
country, on one and the same day ? He said .no, by
no means, that would be highly improper ; hut
that it would be a signal to the country, by the
stoppage of the mail coaches. Graham clenched his
fist, and said with an oath, it *ill do no good un-
less you secure the whole of the Family. Broughton
shook his head, and said, 0 that's settled. I asked
him how it was to be done ? he said shoot two of the.
horses, and the carriage must stop; then seize him.
I replied, Do you consider that there are horsemen
riding close to the window, who would instantly cut
to pieces anv man who should approach—then who
would do it?' The Cololicl said, I would do it with

my own hand! I recollect his saying, in some part
of the conversation,' I have well weighed the affair,
and my heart is callous.' There was a conversation
respefting the seizure of the Bank, and that the
Tower should be taken. With respell to the Bank,
he said the arms had been rendered useless, and were
only about 600. I think it was the Colonel who said
this. I recolle.ft Windsor saying, Give me an hun-
dred men, and I will take the Tower myself. I
saw no more of the Colonel till the meeting at the
Oakley Arms. Lander, in the morning, had been
talking of having a division to march from the Power
to New-street, to seize the arms of the East-India
Company, and then go and assist in the attack on
the Houses of Parliament, and another over Lon-
don bridge for the same nurpose. He thought it
would he better to have couriers to ride backwards
and for wards; and he said he had secured a house
where he was to receive the report of these couriers,
or aides-decamps. He asked me to write this plan
down. I refused; and he looked surprised. I said
I will go with you to the Oakley Arms, if you will
introduce me. That evening, as I was going home
with a clock, I met Broughton. Ile said, I under-
stand you are coming down to-night; he said, pray
do, and don't be long. Going along I saw Lander,
shutting ep his shop. He said, if I should not be
long he would go with me. When I returned he
was gone. I went to the Oakley Arms. About
twenty-five minutes after I was there the officers
carne. When I went, I was asked who I wanted?
I said Broughton or Russel. 1 went up stairs: I
judged there were snore than twenty. 'They were
engaged in promiscuous conversation. I had not
been long seated before Broughton said, My boys,
we have got the completest plan in the world to do
the business without any trouble: load the great
gun in the Park with four balls, or chain-shot, and
fire it at his Majesty in the coach. He'd be damn'd
if it would not send him to hell. The expression
shocked me. I said, Do you consider how many peo-
ple will be in the Park that day, and how many lives
you will take away ? He said then, Damn them, let
them keep out of the way. He said the cannon would
play hell with the houses about the Treasury.
Some said, the cannon would be too low; another
said, it might easily be raised an inch. Some per-
son said, but if it misses his Majesty! Broughton
replied, then damn him, we must man handle him.
I rather think I had a conversation with the Colonel
before this. I asked Broughton whether I might
speak to the Colonel. I said to the Colonel, sir,
you were speaking of taking the Tower. Lander
says, would it slot be proper to have a divison
there? He objefted to it, because he believed one-
half the East-India Company's men are our friends
already; but, my good sir, we arc not sure that we
can have the Tower; but if we have every thing—
for there are arms to arm a great number of men
snore than sufficient, and as to the Artillery-ground,
it would not answer. I stated that it was intend-
ed to form a garrison to annoy the association.
The Colonel said no; St. Paul's will be a better
place. I told him that question had suggested a
doubt about the flank, and I asked if he thought it
would he proper to meddle with it? He said, surely
the Bank ought to be the first consideration. He
said, he could, from the Tower, burn the town and
batter it to pieces. I overheard some one talking of
destroying the telegraph. I said to the Colonel, do
you suppose that will be be necessary ? he said, surely;
for it is a thing that would of no service to us, but
of vast importance to our enemies. Soon after
these converses the officers came in.
Crest-examined by Mr. BEST.—Admitted he was
brought up in custody, and had been confined ever
since his apprehension.
Jlfary Plowman, landlady of the Fl sirs Hone
public-house, at Newington.—l remember -hearing
of the people being apprehended at the Oakley
Arms. Two or three days before, there were about
six assembled in her parlour, a little before eight.
One bad a dark brown great coat, and an umbrella
in his hand ; they went into a kind of kitchen, which
we call a back-parlour; they appeared very much
In private, and they drew a curtain. I heard one
Man say, he had weighed every thing well within
him, and his heart was callous. I know a soldier
of the name of 'Windsor ; he came there : two were
in the tap-room. I don't know who paid the reck-
oning. I gave the change to a little man, who gave
it to the servant, and said he would have a kiss.
Sir Richard Ford.-1 attended when Windsor was
examined at the Treasury, and in consequence of
the examination all the soldiers were taken up.
This was the whole of the evidence for the
Crown.
Lord Er, sEsinoloucit.— Prisoner, would you
wish to say any thing yourself, or do you leave
your defence to your Counsel ? They are at liberty
to speak in your behalf both as to the law and the
fact.
Prisoner.—My Lord, I leave my defence entirely
to my Counsel.
Mr. Serjeant ilesr.—Gentlemen of the Jury,
It now becomes my duty to address you, on the part
of the Gentleman at the Bar. You will easily con-
ceive it one of the most painful duties that can pos-
sibly be cast on a man standing in my situation :
for, however unfavourable the case laid before you
may appear, yet when it is recollected that it is my
province to bring forward its most prominent fea-
tures, argue them in the most favourable point of
view, and draw those inferences from them which
shall induce you to acquit him of a charge that
reaches his life, character, and honour---every thing
most dear to him—every thing that can affeft him
in this world and in die world to come, you must be
sensible I have need of all that interest and atten-
tion, on your parts, which a subject of so serious
and important a nature demands. if I did not feel
that I was addressing you in a court of justice,
where I have all those advantages which the Actor_
ney-General has enumerated i if I was not sensible

:-~

I am assisted by the learned and noble Judge, who
is by the constitution of the country equally with
myself the counsel for the prisoner • if I was not ap-
pealing to a Jury who knew that the law, of which
they are the guardians, is to be administered in mer-
cy, I should be incapable of performing the ardu-
ous task unposed on me.
The leirned Attorney General has with great
propriety tated, it is a principle in the administra-
tion of justice, that the greater the crime is, the
greater should be the caution of the Jury in weigh-
ing the evidence before they deliver the person
accused tie that vengeance of the law which awaits
him in case they pronounce him guilty. It is no
new principle. It is applicable to every case of
enormity, and has been recognized by the ablest
judges and writers. If it is true with regard to
cases which only affect the public in a moral point
of view, how much more so must it be in those in
which you, as representatives of the public, are pro-
secutors? It is the peculiar misfortune of a person
who is tried for high treason, that you cannot be
indifferent to the charge against him. The offence
is one which directly attacks Society itself, and those
laws to which you look_ up for protedion. If it is
necessary therefore, you should guard yourselves
against that indignation which induces you to at-
tack guilt to persons accused of lesser offences, how
much more ought you to act with circumspection
in a case of High Treason, iii which you cannot
avoid feeling an interest in delivering over the per-
son to whom it is imputed, to that punishment a
crime of such deep malignity merits ? The learned
Attorney General stated some of the advantages a
prisoner has when put on his trial for High Trea-
son, and he mentioned this as one of the cases.; I
highly approved his observation. He said, those
who planned the scheme of liberty the people of
this country have enjoyed since the glorious Revolu-
tion, were Tensible that where the State was the.
prosecutor, and sent into a court of justice the
whole weight of legal talent against the acceised,
that it was necessary the prisoner should have a
greater degree of allowance and indulgence than if
charged with a crime of lesser magnitude. This
indulgence is certainly one of the most beautiful
parts of the constitutioo. There is nothing shews
the existence of that true liberty we enjoy in this
country so much, as the fair mode of administering
justice with regard to the trial of presumed mile
tors : it presents the most amiable pidure of im-
partial jurisprudence—one which, if duly contem-
plated. will teach those if any there are, any who
are hostile to our government and constitution, that
if there is any country on the face of the habitable
world, in which real liberty flourishes, it is in this.
It is the only country in which those who are
charged with an attempt to overturn the govern-
ment, and whatever is dear and valuable, have
the least chance of a fair trial. For nsiother crime,
even though it should embrace every species of
atrocity, does the law allow a similar in,lulgence to
a prisoner. If the gentleman at the bar Was accu-
sed of the foulest murder, I should not, as his Coun-
sel, have the liberty of addressing you. I make
these observations for the purpose of sheaving you,
that those who founded the laws with regard to
trials for high treason, were convinced how neces-
sary they were to secure the subject from that ?re-
judice which such an accusation is likely to excite.
Having made these observations,' I am persuaded
it veil 4 be unnecessary for me to desire you to do
tall YOU sett to divest yetirselvee a£ that prejedice
you may be disposed to feel, and to do that which
the laws of your country demand of you, and with-
out which there can be no liberty in the country.
I mean to presume the prisoner innocent, until his
guilt is clearly made out—till it is made cut, not
by that species of evidence you have heard to-day,
but by legal and due proof. Permit me to call
your attention to some few rules of evidence which
have been wisely adapted.to cases of this sort; some
of them are applicable to cases in general, that come
before criminal tribunals : that they will have .the
sax lion of the learned Judges who hear-me, 1,. am
persuaded. I would not state them, if I did not
think so. I omitted to observe, that this is almost a
question of fad ; and God forbid I should say, if
the fads alledged are clearly made out, they do not
amount to High Treason. The only question for
the consideration of the Court and Jury will be,
whether the different facts are made out by clear
and satisfactory evidence ; and whether the treason
has been manifested by the best evidence that could
have been obtained, or by that sort of evidence by
which it ought to have been proved. There is one
rile of law which has ever prevailed, and that is,
that treason cannot be made out by words ; it must
be by ails, deeds, or writings. This is the principle
of the ancient law, and by the statute 36 Geo. 111.
on which this inditment is framed, the treason
must be by writing or printing. Tints you see, that
what is alledged to be treason is not to be made
out by the mere declarations of the party accused.
I do not mean so say that the parol testimony of
witnesses is not to be received, but only that a man
is not to be convicted of High Treason without
concurrent proof by writings or deeds. But it may
be saidewhy does the law allow it to be received, if
it cannot be the foundation of a convidion ? I will
tell you why. It allows it to be received to explain
transactions, which in themselves would be otherwise
inexplicable.
I am about to advert to a book which I am aware
I shall be told is not authority in an Euglish court
ofustice. It is not, I admit, an authority on which
a Judge is bound to ad, but it is an authority which
must have weight, wherever reason and justice pre-
side. The learned man who is the author of it has
expressed my opinion infinitely better than I can
express it by any words in my power to use. Mon-
tesquieu, in his Spirit of Laws, speaking of 'Treason,
thus expresses himself: " Nothing renders the crime
of High Treason more arbitrary, than declaring
people guilty of it for indiscreet speeches, Speech
is so subject to interpretation ; there is so great a
difference between indiscretion and malice, and fre-
quently so little is there of the latter in the expres-
sions used, that the law can hardly subjed people to
a capital punishment for words, unless it expressly
declares, what words they are which render a man
guilty. Words do not constitute an overt aft, they
remain only in idea; they generally, when consider-
ed by themselves, have no determinate signification ;
for this del en Is on the tone in which they are ut-
tered. It often happens, that in repeating the
same words, they have not the same meaning. 'I his
meaning depends on their connedion with other
things, and sometimes more is expressed by silence
than by any discourse whatsoever. As there can
be nothing so equivocal and ambiguous as all this,
how is it possible to covert it into a crime of Hieli

Treason ? Wherever this law is established, there
is an end not only of liberty, but even of its veil
shadow. It is impossible thtt the ideas of any Eng-
lish lawyer could be more clearly or better expressed.
If a man was to he accused of going to a public
market, to excite the people to revolt, five hundred
people might be brought to prove that he did such
and such particular eats, or he might bring the sanie
number to prove he did not du them ; but what
would he do if he was brought to trial for those aas,
which he could have no opportunity of contradiaing ?
for what passed in a private room, in the midst of
persons of a'description so infamous as ahose who
have been produced upon the present occasion do ia
tell me that the law as defined admits of construing e
treasons, when the law says you can onlyconvia un
overt acts. lam awarethat going to a traitorous ne
ing is an (mat act, but with great submissiqn to the
AtterneyGeneral,heisbeggingthequestion; idebefore
he can say that attending a meeting is High Treason,
he must shew me that it is a treasonable meeting.
Something else than the bare meeting must he ante t
to shew me that it is an overt aft of High Treason.
You have no legitimate proof that any meeting Co-
lonel Despard ever attended was a meeting for trai-
torous purposes. There is writing in this case I ad-
mit. I could explain that writing, if I was called
upon to do so, but I am not driven to the necessity
of taking notice of it. Ido not care whether that
writing is treasonable or net, for it is in no-ways
connected with the prisoner, except by the evidence
of William Francis. There is not an atom of evi-
dence besides his, to affect the gentleman who stands
at the bar. 'lle only evidence against him is, th tt
he attended one meeting ; namely, that meeting et
which he was apprehended; for as to his attendance
at air: other, it is proved by witnesses, whose testi-
mony, I will undertake to convince you, if it eau be
for a moment believed, there is not a man whose
fame, fortune, or life, can be safe. Let us contra';t
this ca.e with those which have occurred before, and
see whether it is not materially different from them.
In the case of Christopher Layer, what was the evia
dence ? Did the 'Counsel for the Crown content
themselves with calling evidence to prove that the
prisoner attended meetings No : they proved that
arms were found, and they proved a plan, in his own
hand-writin:g, to overturn the Government of the
country. In all the Other cases I venture to appeal
with confidence to every one who heats me, whether,
in any that have occurred since the Revolution, fur
I will never admit that a precedent is to be drawn
from what passed before, et a period when Judges
were objects of suspicion, and not as they are now,
objects of admiration, and as eminent for their in-
dependence as their learning. From the period of
the Revolution, then, I ask, whether a single solitary
instance can be found in which a man has been con.
victed of High Treason by merely sheaving him to
have attended a meeting, without, at the same time,
proving acts indicating that crime ? Ido not mean
to say that any thing is necessary to be done towards
the immediate accomplishment of the Treason,
but a Jury ought to require it to be shewn that
the accused at least had the means of carrying the
design into etteution. I can conceive 'a case in
which treason would be complete, though it was
only in preparation. That case is, where a treason
was meditated, which it required time to ripen, and
where the moment of action was at a distance. Ac-
cording to the evidence, this was not that, incohate
species of treason, bat, the account given by
the witnesses, it. appears the treason was not Only
conceived; but at the moment of being carried into
execution; and though witness after witness hiS
been called, no one has pointed out where there were
any arms, ammunition, or the means of its being at-
tended 'with any probability of success. Though
the object was the taking the Tower of London, the
first fortress in point of strength in the kingdom,
and from which you are told the prisoner said he
could batter the town to atoms, yet you do not find
that he had at single instrument ready to effect this
design, rave' a few tobacco-pipes, or that the whole
exchequer of.the conspirittors amounted to more
than las. Bd. If such a conspiracy had ever been
proved by people of a description different from
those whose evidence you have heard, would you nut
say, the whole stogy was too improbable to be in-
titled to belief. You have none of the writings
brought home to Colonel Despard ; but it may be
said, he was so cautious a'man, that he would take
care their contents should nut attach to him ? Cars
the Attorney-Gene,rel be permitte'd to say this ; can
he represent the prisoner as a cautious and incaa-
tious man at the same time ? It is impossible that
man should be described • as cautious, who is re-
peatedly found, according to the testimony of the
witnesses, talking to every stranger he meets, upon
subject which he could net but be aware, if deve-
loped, must affect his life. 1 come now to a topic
which is tne most important of any one I have to
address you upon, and it is, that it is a rule of evi-
dence not merely applicable to High Treason, .btit
every other crime, that the case should be inade out
by credible witnesses. It may be put to me—Do
.you mean to say, that witnesses who are accomplices -
ought not to be received ? Certainly they ought ;
but I think I can state the line which constitutes the
utmost extent to which their evidence .is intided
credit, The evidence of an accomplice is intitlea
to credit, where it explains a transaction white Ilea
beenprovedby other witnesses. Thehumanelanguage
of the law ofthis country is, thatit is betterninetvine
guilty persons should escape justice, than that one in-
nocent man should suffer injustice. The testimony ut
accomplices then ought not to be received till after a
crime has been made out by others. Let the ask you,
if one tittle of proof has been adduced its this case,
except by the evidence of accomplices ? ter,any one
circumstance alleged against the prisoner et.t.the bar,
except his being present at the meeting at the Oak-
ley Arms. If so, it is not the case of-Colonal DCa-
pard I am pleading, but; of every individual..., The
principles upon which the law and English 'liberty
a.e founded, are those which afford ptutection
against foul charges in courts of justice. Pam ar.
guing before yoU a rule of evidence, which your-
selves and the most innocent persons may want the
protection of. After you have exercised the im-
portant and constitutional funaion with which yoU
are colleaively invested, you must individually de-
scend to the rank of simple citizens, and your Eves
and properties may be liable to ,be attacked by
evidence similar to that which has this day been pro-
duced against the unfortunate gentleman at the bar
—lt must be admitted, that only four of the wittier-
sea for the Crowe, in the least degree, go to affeat
the prisoner ; those four arc, Windsor, Blades,
Francis and Emblin, and I think I am entitled to
say, that not one of these persons have a right to
the lust degree of credit, I way be aeld, that

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