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

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2,11MV cuURT-lIOUSIL, SOUTHWARK, rEIS. 7.

HIGH TREASON.
•
stconn DAV.
The Judges having taken their ,seats, and the
Court being opened at nine o'clock in the morning,
Colooni•Depard said—,, Before the buniness Com-
snences, or rather proceeds farther, I am anxious to
do away some unfounded aspersions, lest they might
have an injurious impression on the Jury ; and they
iiise from certain libellous publications with respea
to me
The Loup Cut F*Jurr c z answered —" At pre-
sent there is so Jury called, and you have no right
to address the Court upon the sub ea of any
Jury. inju-
rious impressiOn made upon the Neither
have you, at any time, a right to make the obser-
vations which you now appear to be launching."
Alderman Hi nit a? addressed the Court, with a
Vi,:w of b..lng excused from serving upon the Jury,
on 'coconut of his being obliged to attend to the ad-
ministration cf justice in the City, as a Magistrate ;
and observed, that his residence in the County of
Surrey was occasional, and it would be severe upon
himself, and other Magistrates in the same predica-
ment, to be obliged to attedd like' the present, from
such occasional residence ; that.the.,Lord Mayor and
ether Aldermen wets in a simitir situation, and he
trusted the Court would excuse him from serving,
upon public grounds.
' The Loin Cstt r Ju,l ice said, that the public
Were indebted to these worthy Magistrates for the
share ibeyhad in the'administtatien of justice, and
entertained every wish to-accommodate them, but
the points rested upon by the worthy Magistrate,
were of minor importance to the duty to be now
discbai'ged in that Court. However, the Jury
sheuld be called met, and if it could be formed
without calling upon the worthy Magistrate, they
would'he :114 to excust
The Cleric of the Arimigns then proceeded to call
over the names of the Jurors, when'tbe following
Gentlemen were sworn in, after a nonsla of char
knges had taken place :

Grant Alen, Esq.
William Dem, of Battersea, F.sq.
William Driison, of Clapham, Esq.
GabrielCopia•ti, of Clapham,"Ems
Mr. William Cookson, of Gonsioird-street, Southwark.
Mr. John Farm. r, of Southwark.
Mr. Juhp Ciallioson, of Gravel-lane,
Mr. Jame, Welil.er, of Sorry road, Chrat-ehurrli.
Mr. Oilbert Militias:de, of Green-walk, Chriat-churdi.
Mr. John How met, of Banksaie.
Mr. Past IMbree, of
Mr. Julio Field, of tieorg4-trect, Lambeth-marsh.
Mr. Robert Dent, who it appeared did rot claim
kis privilege of exemiction from age, to which he
was entitled, being above Ai, was, by consent of
both pasties, excused.
'1 he Clerk then proceeded to read the Incliament,
which is very long, but was in substance as fol.- '1
lows:—That the prisoner, together with certain •
other persons therein name!!, on the 16th of No-
ember last, had consp.aed, oce. to compass and
tie, &c. the death of our Sovereign Lord the
e first overt NI was, that the defendant, with
certain other persons, on the above day, did en-
deavour to seduce certain soldiers therein named,
and divers other suLjefts of our Lord the King, and
to persuade them with force and arms to seise and
destroy the Person of our Lord the King.
The second overt act was, that the prisoner and
others, o,i the same day, did conspire, consult,
combine, agree, &c. to administer certain unlawful
oaths to divers persons, tending to bind them to
certain unlawful associations, with intent to sub-
vert the Government of this realm, as by law esta-
blished, &c. anclto destroy the icing.
The third overt act was, that they had secretly
endeavoured to obtain and procure, and in their
custody to have and keep, divers cards, con-
taining an oath, engagement, and so forth, for the
purpose of binding certain persons to such unlawful
associations, &e. with intent to administer to such
persons the said certain oath, engagement, &c. and
that, by the said oath, engagement, and so forth,
the said subjects should become members of such
association, for the purpose of subverting the .Go-
vernment of this realm, as by law established, &e.

and to murder the King.
The fourth overt aa was, that the prisoner did
administer, and cause to be dministereod to Thomas
Blake and-others, such oaths, &c. &c.
The fifth overt all was, that the prisoner, with
others, did:panes, sonspire, consult, -agree, acc. to
lapin wait to assassinate and murder the King. • .;
The sizth
.o aft was, that .the prisoner, and
others, did maliciously, traitorously,.&C. meet and
consult with others, for the purpose of attacking
the Bank of E.ngland, and the King's tower of Lon-
don ; in order the more effeetnally to fight with,.
kill and dstroy•the forces, and. other• liege subjeas
of onr Lord the King, and to raise iii.surreftion and
rebellion withiothe kingekaql.
The seventh overt aft, was, that the prisoner,
with others, slid secretly, traitorously, &c. meet,
consult, and agree, to procure and obtain means to
destroy the king.
The eighth overt act charged was, that the pri-
soner did meet and agee, that divers of them should,
on a certain day, when the King should go to meet
the Parliament, to lie in wait to attack and shoot the
. King, and that they should surround and make'
themselves masters of the Horse of Parliament, and
should seise on the Bank of England and the Tcwer
of London, and seize magazines, &c. in the neigh-
. hourbood of London; to arm themselves, in order
to fight with and kill the forces of' the King, and
others who should be true to the King ; that they
should stop and detain the snail-coaches, Stc. and to
prevent them from setting out, and, according to a
stgnal of attack, to create a rebellion, &c. against
the statute. and against the King's peace, &c.
A second count stated, that the prisoner, and
others, &c. on the same day, maliciously, traitorous-
ly, &c. did conspiie, with intt ntion to..mprison and
restrain the petsun of the X-ing, and did eipres.sly

. •..

utter and declare such intention, by diiiers ads and
deeds, stating the said overt ad and deeds as evi-
dence of such intention, &c.
• A:third count set forth, that the prisoner, toge-
ther with others, did conspire, etc. to depose the
King, and to deprive him of thiKingly Name, and
Imperial Crown and Dignity, &c. of this Realm, and
then stated the said overt ads ae proof of such in-
tention.
On which indictment the defendant had been ar-
raigned, and pleaded Not Guilty; and the charge
to the Jury was, to inquire whether he was guilty
or not guilty of the said charges, tic.
It was then agreed between the Counsel for the
prosecution and the prisoner, tht the witnesses
should be examined separately, with the exception of
certain Honourable Persons, who were permitt:d to
remain in Court.

Mr. ASCOT opened the pleadings.
Mr. A TTORNIX C,E)EaAL proceeded toistate the
case to the Jury, in the course of which he observed,
it was obvious that attention Was excited in propor-
tian to the importanceaof the subject, and he could
not permit himself to entertain a doubt, the Jury
were a:ready sufficiently acquainted with the nature
of their preseni inquiry to induce them to attend to
h:s statement of the case, and much more to the evi-
dence which he should lay befote them upon this oc-
casion,which was certainly of the mostaolemunature,
both as it regarded the Gentleman at the Bat, and•
the public at large. In nether` sense, notquestion of
greater iniportance could be presented to a judicial
examination e for, it was an inquiry-into the gGist or
innocence of a person, on a charge of 1 reason.
As to the prisoner at the Bar,. they were *are, tbat
his honour, his fortune, every thing that was valuable
to him in life, and even his life itself, was at stake.
As it respected the interests of the.public, nothing
certainly . could be more important, sinceit involv-
ed the question of an attack, immediaitAy and di-
rectly against the best interests of the public, in the
person of Oar beloved Sovereign,; arid if such , a
crime, or a-conspiracy to commit it, could
yeas pray
to have existed, it essential :the the 'punis
meta of the law should be put in forae, nothing
could be more wise than what the keveliati enacted
for our general defence in that respee.t.: he veal ready
to admit, in behalf of the piisona4t4i.isailthitt
person charged with the crime of this aitexte;Nought
to have the fall benefit of thepriueii3l4 ,
and that the enormity of the offence, instead of
exciting,. prejudice against the prisoner at the bar,
shotild- induce the • Jury to give him the benefit of
that salntary indulgent principle of the law, which
held. every man innocent until he was proved to Ise
guilty; and therefore. the prisOncr Would be en-
titled to drat which he knew he would Have at their
nslvell as'that of the Court.- =may; AO
:aka ioatip,lt hearing of the whole case, and thatedie
case should be weltsifted, and the Jury well and
perfelEtly satisfied of his guilt before they should
pronotince him so. But the Jury would also give
NI leave to express a confident expedation, that
if one charge was made out, there would rot be in
their minds, (because there oughonot to be in their
minds} any hesitation to pronounce him guilty of
Igeh Treason, more. than there would be in any
r case of a criminal nature. He then proceeded
to obServe, that with regard not only to the indivi-
_ivals who compose His Majesty's present Govern-
. .
may., but to yovernment itself, there never was a
,period in which there was less danger than the pre-
sent tb -be apprehended from any conspiracy what-
ever, or any period in which common human pru-
dence could be more adequate to secure us against
effeUs of such a plan of conspiracy as that which
w
asnow about to be made the subject of inquiry,
and therefore there could be no period in which the
individuals who compose the Government could be
supposed to have less feelings of interest in an event
_like this, than the present. There was therefore
nothing but the public interests, and those of the de-
fendantinvolved in this question ; for there was now
.no.political party whatever concerned; no clamour
'to be opposed, nor any thing to be considered as ac-
-
' , • „.
mating tneprosecution, but the purest motives of
pUblic justice. It was .44-issue, which the Jury
would of course try, not only as ith impartiality,
but with perfed calmness and composure. He there-
fore should proceed to the statement of the case,
whit as much brevity as possible, and in doing so,
he would state to them the nature of it. The fads
,he should recite as simply and as shortly as pos-
. sible, and his own observations should be made in a
..way best calculated, according to his judgment, to
bring the niinds of the Jury into a due consideration
:Of the evidence to be laid bdose them.
1 he- substance of the charge against the prisoner
at the bar, he obseried, as had bin already stated
to them, was that of High Treason, in. compassing
and imagining the death of the King, restraint of
his person, and dethroning him from his royal stale
and dignity. The first part, containing the charge
of intention to destroy or take away the *life of
the King, laid in the indidment, was founded upon
'the old statute of the 25th of Edw. 111. The se-
cond head, that of imprisoning the King; and the
third, of dethroning him, and—deprivingrim of the
royal state and dignity, was founded on a more re-
cent statute, enaded for the purpose of removing
doubts concerning High Treason, and by which it
was enafted, That any attempt to imprison or de-
throne the King should he conceived in the same
light, as that of compassing and imagining the
death of the King, and therefore, it was probable,
there would be no embarrassment between him mid
the Learned Gentleman on the other side, relative
to the point of law upon this subject, for con-
spiring either to imprison or to dethrone the King,
were now made substantial aEls of treason : It;
therefore, either of these ads were proved to
have been committed by the pri.,oner att the bar,
the Jury would haves to pronounce him guilty,
but however criminal the interitior. of the prisoner
might be, his guilt must be proves, by some overt
, ad, clearly expressing the intention of doing some
,;osie or other of those those things which he had
already stated, as contained in the AFt of Edw.
111. or in the modern Satute of the tenth of the


4

present reign. 'He then stated the charges of the
indiftment? (the substance of which we have al-
ready given in the opening of it), and proceeding
to observe on the nature of the overt-arils, be oh,
serred, it wns not necessary the :let itself should be
completei, 3ut it was sztfEcient that.the at should
demonstrate the intention of completing the thing ;
be ohsesved also, that an overt aft which might in
itself appear to he innocent, might be given in evi-
dence as a proofof acri mi nal intention, wnen coMbined
with another ati, and so an ad; however innocent

in itself, taken abstratledly, might be deemed cri-
me' when explained by others. God forbid, that
the hiring of a boat should be deemed a crimi-
nal acct ! but if a boat be hired for the purpcse cf
taking the person who hired it to France, to invite
persons there hostily to come into this country,
or to invade it, then such aft, combined with
subsequent ass, demonstrating such intention
to invite foreigners to invade this land, will be
deemed criminal, the hiring of the boat in such
a case, being a part of the criminal intention to pro-
cure a hostile invasion of this country ; which was
the case of my Lord Freston, who was convicted.—
Nothing was moreinnocennthan the rtattingg,a letter
in the Post Office, but if it should appear that such
letter contained sentiments tending to excite persons,
to whom it was 'sent, to Rebellion, the act of pet-
ting the letter in the Post Office, being in further-
ance of an intention to create Rebellion, will be
deemed an overt act to Treason, and which' as Dr.
Rincey's case, who was convicted. So here, there
. was nothing mote innocent than to have a card, or
paper, in a man's pocket ; for any man may have
cards in his pocket; hut if such cards contained mat-
ters which tended to excite those who read them to
Rebellion, or to seizing Or imprisoning the person of
the King, then the having such a card was evidence
-of the of the party; when combined with
other alts tendine, to spew such intention. Thii was
the case with the'Priumer at the bar. llaving stated
the general observati-ens, he should now proceed to
the -lies, upon which there would he two ques- -
[ions for the Jury to consider, and to which the
evidence was to be applied. The first question
was a g.eueral one, -whether such conspiracy as that
stated to the Indiclnaefaz existed or not ?—Secondly,
whethe'r, sitpposing this' conspiracy to he in exist-
ence, the individual at •the bar was concerned in ?
—Ozi,',the first question, whether a conspiracy existed
or notelhe Jury must necessarily ;mecum into -the
efts of others as well into those of the prisoner at
the bar ; because a conspiracy could never be car-
ried on without i number of individuals beingcen-
cerned
in it ; and k could not be proved but by
showing the conchia of those individuals. But-sup:l
posing i co nspiracY to be established, and.stsprk4ing.
the prisoner to be conneabd then -net --only--
his own arts, but the eels of the other conspirators
would be evidence against him. And now he should
proceed to the facts. He then read the names of
the thirteen prisoners included in the indictment,
and observed, that the thirteen prisoners, including
the gentleman at the bar, were taken up on the
16th of Nos ember last, at the Oakley Arms pub
lic horse, where was held one of the meetings.
cluerged by the prosecution to be an
_Act of Hlgh
Treason. He then proceeded to state the reasons
why, although Government had long been in pos-
session of information concerning the conspiracy isf'
these persons, they had not causes them to be ap-
prehended. He observed, that apprehending them
sooner might have created some embarrassment to
Government ; for althodgin so early as the spring of
last year, many acts ivere knoivn indicativeof thesame
intention as had been afterwards made mare mani-
fest, yet, had the parties then Been taken up, Go-
vernment might perhaps have been tamer the neces-
sity of disclosing the means Of its information, with-
out perhaps establishing a case which might cons'
all the parties. But when they were apprehended,
the evidence against them was so clear, that he be-
lieved no doubt would be enterflined of their guilt,
and this evidence would be sufficient without bring-
ing forward the resources of information which Go-
vernment possessed as to the early intentions of se-
veral of the parties. He then recited the condliti of
-several of the prisoners, as connected wit that of the
present defendant. [Which we pass over because it
will appear in the evidence.] He proceeded to read
a paper that was found in the room at the Oakley
Arms, where the Defendant was apprehended, and in
possession of some of the prisoners, though not of
him at the bar, as stating the object of the parties
concerned in this conspiracy.—lt set forth in sub-
stance, that they aimed at the Constitutional Inde-
pendence of Great Britain and Ireland, and the
eqtialization of civil, political, and religious rights
—an ample provision for the families of these he-
roes who should fall in the contest—a liberal reward
for distinguished merit, &c. These were -the oh-
jedts for which we contend, and to obtain those oh-
jeas, we swear to be united, tee. :this was the
purport of the paper, and the oath was, that " In
the awful presence of Almighty God, 1, A. Be do'
solemnly.declare, that I will endeavour, to the tste
most of my power, to obtain the objects of thii'
Union—namely, to recover the rights which God,
in his infinite bounty, has given to man; and not to,
give evidence against any Member of-the Meath-
bon." Such was the substance of the oath.
. The ATTORNEY-GENERAL then proceeded to oh-
' serve upon this engagement and the oath, and ar-
gued, that it was impossible to infer that it meant
nothing more than an alteration, by peaceable'
means, of any past of our system, 'tut that they
manifested an hostile intention of overturning the
whole frame of our Government. This engagement
and oath were incapable of any interpretation that
was consistent with the innocence of the parties ;
and that the more especially, when these oaths had
been administteed to soldiers, sworn to defend the
GovernMent of this country, as by law established ;
and that these panes had done so, would most abun-
dantly appear in evidence; and the the prisoner at
the bin had been active among them, would elle*
appoer ; that they had Field diver emeetings to this
at various pnblic-houses in this metropolis,
e ct
and its vicinity : at the Hand and Windmill, in

Windmill-street ; at the Bleeding Hart, Charles-
street, Hatton-garden; at Tower-hill; at Whitechapel,
at the Flying Horse, Walworth; at the Flying Horse,
Newington; and at the Oakley Arms. in all these
places, attempts Bed been made to seduce soldiers
from their duty. #ere he recited the circumstances,
as they afterwards appeared in evidence of those va-
rions 'attempts, until the period at which the parties
were apprehended at the Oakley Arms, and on
which he made a variety of comments. He then
cee3cd to of)serve upon some topics on which he ap-
prehended ffie ingenttity of the Learned Gentlemen
on the other side w,oald bring forward in defence.
They might say, that it was highly improbable that
a person of the Character and station of the defendant
should' embark in sych :t cause 'es this, and conned
himself With persons'of thi lowest description ; that
he must be aware of, the danger to which it ex=
posed him, and that be must inevitiblv he deteeted
rn the course of it; but, upon the .s-e4bleft of pro-
babilities, the Jury- should endeavour not to consider
how things would appear to themScives, but how
they , were likely to appear to such a person as the
defenilasot at the bar, and to enter as far as possible
into his imagination. They wet!: to remember that
enthusiastn•was 'applicable to many subjefts, that it
was the charader of erithnsiasni tc trine‘nify the value
of its-object, and the'preleability of success in the
pursuit of it, and to dimir.ish all apparent obstacles -
to its completion. That there 'was politipal as
well as religion's enthusiasm - and that the prisshner
at the bar was -a.-initsr who. had been previously the
subjal of the
,suspicOns of the Government; and
m;ght possibly he irrrt4ed, by a Misguided view of
what he suffered in consequence of his .own
lndis-
creticn ; that under such impressions he might have
become desperate, and that to a mind so constituted,
things might appear probable, which to a jumin their
sober judgments, might be manifestly absMi, in the
expedation ; and that difficultie> which to them might
appear insuperable;sbould appear to him as trifling.
—The next point to which be expelled the learm;d
Gentlemen on the other side would call the attention
of the Jury was, that of the credit due to the wit-
nesses. They mightsay, that no credit was due to
an accomplice. .1,1 the nrst place, he observed, one
of the witnesses whom •he should call, although
present at manrof the transadicnis, would hardly
come under the light of an accomplice ; but 'upon
the subject of Credit to an accomplice, he admit,.
led, that an accomplice should be corroborated
by other witnesses, if what hi stated was not of
itself clear; but where there was conErmation to
• such evidence, not only was, it adinissible, but it
became credible. He apiercltencled also, that some
defeats. might- ippaa'r lfi tWctaraiter of 'some cf
those witnesses who were accomplices- This was
1- that

•es lid been •
persons, whose peevipas !iv steeled by
many vic,ei, could come at once to a deterrninatioe
of cmlrarking in so criminal and desperate a pursuit
as this, and to make up their minds to the commie
lion of so dreadful a died.
The accotnplices who would be called 'as wh-
nestes, should net only be confirmed, btit the con-
fi'-mattun would beeahundant. The whole ciandu&
of the prisoner would lead • direetiy to the inference
of his guilt, end would be absolutely irreeSticileable
with any other inference whatsoever. When he had
.proved the proceedings of the consp?raters ; that the
prisoner was present at all these proceeding's and as-
sisted in them, it wank! remain fot the Counsel on
the other side to chew, why the prisoner was present,
and how he could be innocently present. If the pri-
soner's Counsel could not setiily the Jury upon that
point, the inevitable infetence would be, that he was
guilty. Heconcluded with observing, that the prison.
er at the bar would have the full benefit of the law
of England, administered by English Judges and by
an English Jury, in a manner superior to any other
law in any other part of the world. if it were
possible to suppose that feelings of compassion to
the defendant, could induce the Jury to acquit him,
notwithstanding clear proof of his guilt should be
produced, such a verdiel would be one which would
not only be a manifest breach of their daty, but one
against which the public would leave a right to
protest and exclaim ; not that he had any appreliee-
c,ll of such an event in this case e en the contra. y,
he was confident that the Jury would fitid such a.
verdia as the justice of the case deisianded. He
would not occupy any more cf their tam., but pre-
ceed to call his witnesses.
701 n Stafford, Peace-Ch at the Police-Office,
Union-Ha% examined I; Mr. Sot. Icitoa Geasseeie
—On Tuesday the IGth November last, I was 41•
reeled by the Magistrates to go to the Oakley Arm% • - •
in the parish of St. Mary, Lambeth. I went, about
nine o'clock in the evening, with John May and •
Richard Lloyd, two officers, and met a largebody of ••
Ifow-street Police Officers, sent by Sir Richard Ford. -
Charl4s Bacon, and John Rivets, were two ci
the officers I met. We Went together to the Oak-
ley Arms. Mr. Lloyd, the officer, ateendeci with
a party in a room below stairs.. John Ilivett,
John May, and myself, ran to the club-room up one
pair of stairs; there were thirty persons assembled,
amongj whom were Thomas Phillips, William Lan-
der, John Landerelohn Duyle,JohuWood,'lliorhas.
Newman, James Sedgwick Reams, Daniel Tyndall,
Samuel Smith, Thomas 'Broughton, John Embein,
-John Connell, and Edward Marcus Despard. They
all appeared, except Colonel Despard, to be workhig
Men.. some were soldiers. John Francis Wood and
. Newman had not their regimentals on. Upon
going into the room I made toward* the top, and
ordered them all to keep their seats. I desired the
officers to search them, and upon Thomas Phillips
I saw May find a paper. tThe paper was produced
to the v:itness, who identified it ; it was the same
referred to in the Attorney General's speech]. Upon
that paper being taken from Phillips, a patrole said,
there was one who would not he searched. I went
to the middle of the room to the person who had
refused to be searched. Rivett said it was Colonei
Dc perd. He desired to see the warent, and it
was sheern ft: him. We pioceeded to search Colonel
Despard; he seemed indignant. We searched him
miauttly, but found nothing. He had a green utn-


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