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

he was lieutenant of ate rtetelllues, when the French wake ex-
pezicd. Thum, ftom his abilities as an enginee', It cm-,
plot el on very imps-tar-I emcee.
The Loin Cuter .1 usr Ins said, he was bone to be ohliged
to interrupt his Lordship, but thu Court could not with pro-
priety hear the
.story of this gentleman's military life; but his
Lordship, from his observation of what he aaw, Might give hie
opinion upon his character:
Lord Nelson said, that.ie and she prisoner WC/IS on the same
spot together in Jamirca in au expeditiao, and had shared to-
gether the tortune of war; had math; up their bed together,
and slept in their clothes ou the ground together, and had ex-
amined the enemy's walls : on all these occasions the prisoner
had conducted himself with astaidy and deteraiined courage,
and no man could sh..ov more seal and attachment to his Snag.-
' reign and his country. He concluded with stating, tlia;. from
every thing Le had seen of him, and from what he thought of
him, he would say, that if he had not heard of him for the
last twenty years, an I was asked what he thought of him, lie
would say, it he itsaiiire, he is certainly ate of the brightest or-
:laments of the British artuv.
Upon his cr —e•:amiiiatiosi by the ATTOIIRtT-GCt(rPA it
Its 1,45:1511i7 s tit, that lie lia:hnoc known any thing of the Pri-
son o since the rear 1';g1); t'4t hr liad heart, of the charges
arams: but knew !tithing of them, and that, indepen-
dent of those cilarg;s, lie had no reason to suspect him. •
Gatteril Sir A. Clarke was then ca'led ; he sairlphe knew the
prisoner extretne!y well, that he was in the service when he
(the wittiovs; was Gustirwr of Jartrtiel, and that he was 4 Ift•Tv
servic:able ofilcer. Ile stated some parts of the prisoner's con-
duct when he prig-ceded to tile Bay of Honduras, where he
behaved with singular proprety. In short, he always conti-
d !red him is an intell.gent, goad, loyal subject, atura very
brave, active ofEcer.
On hit cruel-examination be the SO Li (I'MR G 1.15 EItA L, ho
i said, be hasl known nothing of the prisoner fur the last 13 years.

Sir E. Napcan said, he had Itneiwn the prieinn ever since
the year 1754, and had was. euterraitsed a great res,iect fur
him, until he was apprehend:A in conecittence of smile sustii-
Cio/13 that felt upon him. When the prisoner came from .re.
:mica, he was Tee11111111:11diid. i 0 him with such strong ti.vtlino-
nials of merit in the service, that it. bacaute intimately ac-
quainted with him, and fr:quentiv invited him to his table,
and always entertained the gveltest opinion of hint, believing
him to be a man of the most perfect and honourable character,
until suspicion fell udon hi she wound. of v. lUcli stispition
he was never acqtrainted with ; but for the last four or live
years, in conseq mince of ibex: suspiciale) LILA intimacy-bad'
been discontinued.
On his cross-examination, by Mr. Serireynt SnaPasao, he
said, he hail not kn3wo, or hied any luterioiuse ivith the
prisoner, since he becanic art ob,;ect of suspicion ; but Ole
subject of that sits:Acton he was tinnily nnacquailitviiii 111..
Selicaut Sunnier) .1-kid the witless %timber he now be-
lieved the priaoner siNtle a man of goad character' He r.-iiited,
that the only reason lee hart for emote:Mil any doubt upon
the subject • as, that the pri,oner h falrn muter the sus-
picion of Government, and if he badmen kern •oisperttxt, he
should have thought him a man of good charar.i.r.
Mr. George Long was then called, but did not appear.
The evidence fur the prismet being ctnaed,
Mr. GotreLy rose' to cum it up to the Jury. 17e raid, it
would be nintectssarr to eider -e upon the subjeft, h:e
Learned Friend who had pr..cedcd him, had so able and so elo-
quently de. barged the atilitoui tusk which had hem s-.:teed
to Itiiu. Ile contend ...4 that the osert gets which had been
laid in the indirlineht ought to he proved by two r-edtb!e wit-.
seisro, but in this ease, there was no evidence of any mat
aft manifesting an evil intention, intlepemlant of the evidence
of the aeconsplives. It wa; true that accompliccv had been
examined in cases of Treason:at an times:, and had been: held
to be not only competent,. but audible wiltimses, flout. the
nature *of things, berauee cesspit:sew. &add not be 4reeleyee4
without Such an e7CanainVitin but it had ahrty* been
held that it wbs iteccir-a-iary that their evidence should be

contirm ed by other Si Ancsies in some reapeds. At -the
trials of the persons who were cooccine(l in t/
in 174 a, and in the attempts marls to restore the lloesia
of Stuart, it was wit,: that the acconnthCer were insainiiied,
but they were very cliTererit kind of men from thiase whO were
examilied az accomplices in the prescatt taut. 'They were wen
of good and noble inteiroowt, :lining oinkr a intriguidetl twig-
mint, theta's was a pure intiehment to the persota of him
whom they considered to be their lawful prince, and these-
fort., though they were reivrits in the eye of the haw; yot they
were men of moral gondernetuft, anti entitleci to credit. Rut
tire accomplices who had been ex.:mints:l in the preseriit case
wets men of a very ditraent camplexion The Lisanitid Co.in-
sel then corantentos: upon the inartiftnt iiiii.robability that a
man iu such a iitriatio.; in lite as the prisoner, should evgage
iu t, despe.wie and so shad a proceeding as that which was
i.nputid to ban; but the 44pr:bah:lite was still greeter, when
the very csctillent cliaratler which had been given to the pit.
boner by such exalted per. rims, was taken into eor.straeration.
He then adveir....: to the case of the Gunpowder Piet, in which,
he said, roanv re:sans had (alien victims, in consequence of the
pre:Latices winch had prevailed against them; and he trusted
that no pmjiidice ihnul4 be sttfferiai to operate against his no-
fortunate Chent He concluded with expressing his confident
hope, that upon a full anti impartial view of the ease? the Jury
wbuld be gideced to acquit the prisoner
The Loan CHIC? JvstrcE then asktd the prisoner if he
wished to make any observations in addition totliose wheel' had
been made by LnCctrisel ?
Mr Danpara repnedohet he was perfectly satisfied with the
eXtI.OOIIS which his Couun I had made for him, and d:refute
he would not trouble. the Coutt with any observations.
The Saute aria Gamut.% I. then rine in reply. We Itmentv
from thegrtat length of the trial', that we ran (mile give a short
outline of his speech hp said, that in making the observation'
whirl, his duty a: one of the Counsel for the Crown called for
from him, Ire felt conside.rable anxiety, because he had to de-
liver hi: sentiment: in a Court, and upon a subject in which he
had not much experience. He was impressed with the
strongest feelings of the importance o the present ease,
hut he WA 'neat consedatipti in the discharge of his duty,
when he rerliZseted, that he was addressing a eiirctiil, attentive,
and intelligent Jury, under the direction of a Court which was
perfectly able to give !ham every information that was requi-
site, w 'old make every observation which the nature of tha
case required, and who would supply all tits defects that might
app.iar front the liar on c.therside. Ho would now proceed to
make a few observat.mis on what hail fallen from the Learned
Gentleman ou the other side, arid they should be as few as the
importatiels of the case would admit. This although it
had occupied a grell (Lail of time in the drscussion„ yet, at it
ippcared to him involved no very intricate questiora of law,
nor cont tined any difficulty with rispect to the iriferenee which
was to be dawn in point of fact. The charge in the indictment
against the pris.iner was, that of compassaig, imagining, and
intending the death or the King ; or of sorting, assantiog, and
lawn-inning the person of rice King, or in deist:Lag Itin, from
his throw: arid dignity. hy a law which hail pawed coin i time
ago any act for the forthe:4o7o. of awes purpose.„ was declared
to b: a sal/sure live act ni Treason, an I when the Jury applied
the evidence which hid been given to the Law whirls had been
laid down t tubjeet to the vorrection of the Learned Winch) it
would, he apprehended, In their duty, painful a.. the dia.
efia-ge at that duty might he, to pronounce the pr:soriei guilty.
Ile then prom:v.ls (1 to vailialcia upon the degree of evi-
dence wh:cli the Erie required to porn: an overt act of Trea-
son, whit he explained itt a very clear arid distinct maiinCir.
The Learned Serieatit (West), had (looted a passage from
Montesquieu, to pram that the words in themselves could not
adiosoit to an at of Tr.:ascii; but, in answer to this, he
would evict.: what, in his npininn, was much more sand:it:tory
"dnetrine to be Ind d ion in an English Court of Justice, and
what was a nainlr ;I much better authority than the specula-
tire ethics of a foreign writer. Ile alluded so the langitage of
Lord Holt, upon a trial in some respects similar to the pre-
sent, he meant the Assaadnatiou Plot against the life of King
William. Upon tit:Atrial. that Learned Judge was aided and
aoristed by other venerable and teamed Judges, who concurred
with hint ent relykss the opinion lie had laid down, via.--otiat
stools in themselves when not specifically applied to any parti-
cular ohje.tt, could not amount to Treason ; but that words of
persuasion, or of inc.teriient to other persons, to commit a ls of
treason or rebellion, were ineontestibly overt ;las of nelson.—
That doctrine had been uniformly recognized and acted upon
since that time, and had heendistioctly recognized and quoted
be that great authority, allr.Justice Poster. Ile then proceed-
ed to make observation: in re;dy to the objections which had
been made to the erkkoce of accomplices, and to the asser-
tion: that they were not entitled to belief. He contended that
witness Emblin could not properly be ermiidered in the light
:Wan accomplice. He might, it was true, be damned a weak
and insprodent man for atiellidulg such Int.Cting, but it did not
appear that lie took any share iu their pro:usditigs. The learned
Gentleman then read the evidence a Inch had been given by the
w Mims E enblin, and contended that it proved ineoutestibly, that
the prisoner not only attel melt, but was active at all the meetings;
lie then recapitulated the ev.tlence of other wiuiesses, who had

positively 'WPM tOViTiGUS nett of nevem on tie parts o' the•
prisoner,
and observed, that their evidence had been corrobo-
Tatra in many materiel. point', by Witnesses to-whose testi-
nosey there w. not theslighest objection. He relied particularly
upon one senetice which had been uttered by the prisoner, and.
which had bteu proved beyond the p .ssibility of a doubt, viz.
" that his mind was made wv, and that his heart was callous."
This expression was not only sworn to by the accomplice?, but
they were conhnued by the landlady of the llying.lionse pub-
lic-house, who declared that site was in the Bar, and heard the
pris ner use that expression. He then adverted to the arguments
which had been urged upon the improbability of the case.—
The Learned Gina[emelt of Counsel with the prisoner had
contended that the whole of the story was extravagant, and
therefore improbable. He declared that lie saw the subject in
a very ditlieent point of view, because though the conspiracy
might apiSear' extravagant to melt cooly and dispassioaately
considering the subject, yet there was nothing extravagant in it
in the view which the prisoners had of the subject, viz. that
they should be able to corrupt and seduce the army. That was
their object, and in that they had strong confideitce of success.
That they sere disappointed in their expeetatioes was certainly
a circumstance highly fortunate for. the country ; but enter-
taining, a? they did, that hope,, all the rest of their plan was
reasonable enough. Fm one of their objects was to take pos-
moduli of the Batik; now this could have been done with fa-
c:lity, if the army had been corrupted .stiotlier object
was to take possession of the Tower ; this certainly would
have been practicable, if tile artily had been seduced. -They
had determined to consummate their wickedness by the
destruction of our beloved Sovereign, which detestable
purpose might also have been efilcted, if the army had
beeu corrupted. Entertaming, therefore, as they did, the
hope that they should be als:e to corrupt the Army, the:: plan
was by no means so extr.:vagant as had beclii stated. The ex•
traeclientee, therefore, which appeared in this conspiracy, was
only an extravagance of wickednesi. Upon this mbieet the
Leashed -Geutlesnau esidatiated for suite time, with gre it
ability ao.cl eloquence. Sot»e reliance had ben pkiced by the
Counsel for the prisoner, on the character which had been
given to him by severe! distinguisheitliersow. Is amieared,
certainly, that at one nine the prisoner had. obtained a very
high reputation end t.harecter, but tile Jury must pensive,
that it we. of tot, une.ent a date to have any weight
upon thn. trice. Viewing the case as he did, he had nn doubt
lint that the Jury would Lind the evidence irresistible, and that
they would be under the nee .:ssity or pronouncing the prisoner
guilty. Ar all events, he was sure that their verdict would be
such a one as would give sat,sliaion to themselves and their
Counter •
The, evidence and the argument, on both sides being closed

The tears CHIC/ JUSCICE prOC.lecka. to sum up the evi-
dence,. era! to dei titer his charge to the Jury.—Tim cliarge wa
of cousidtriable length, and wes delivertei with great ability, but
fir the reason: we before stated, we can Only give an imperfect
tkettili of it. ills Lordship began by ()interview,. that the ad.-
ittesses of the learned counsel' and the evidence on both sides
being cloned, it now remained with him to discharge his. duty,
which was. to recapitulate .the evidence to the Jory, and to
utake Surat observations upon it as appeared to him to be ne-
cessary, wiikli he should do as feithfuily, as correctly, and at
the same flute as shortly as he could. The prisoner at the liar
stood indicted for the crime of High 'l' reason.—There were,
activating to the law of this eouitty, different species of the
come of rrearroo.-1 he Statute of the Year of Edward 111. was
declaratory of the Common Lass upon this subject There were
two other species. of Treason enacted by a fete Act of Par-
liament; whether the offences specified in that Act were or were
not Treason actor(' it passed, it wa, not now necessary to dis:
cuss ; certairdv,they use re Aiwa% s so considered. Bat by the Act
of the Stith of las prment Majesty, couspiring or agreeing to
dep.ne the King, or to resnesiu or iseprisini Ms permn, or to de-
prive him of his Kingly name and dignity, wore des:lead to be
Nigh 'Freesia.. The lust charge acivaricedepinst the prisoner
io this hictletrherts, was that of conniaSsing and imagining the
Kaig's death, arta upon these paints thawe were eigut distinct
Dan haste chat g at; •It 'was unnecessary fur him to do more than
to state the substance of them. Tory were apnlicahle to the
three different Meads of charge to whielt he had before alluded, I
viz. lilt, that upon' the ancient statute fin co:nee:sing and inete
n gentle. the King's death; 2d, the imprisonment or restraint of
his person; anti, ad, the col:Tiring to depese his nips!, from
hie royal state aid dignity. The offence charged. was, what
Was the purpose of the mind and imagination of the accused
rarlytoserompfish, and the overt acts given in evidence to prove
such inwrtatin were, the different meetings and consultations of
ilweccused pereees: in order to effect .the purpose to their minds:
The seducing. of withers, spe.eiheally named in the indictment,
and litany ethers, and the administering of unlawful oaths to
bite:the:li to thlexecntion of their purposes, and to keep them
secret. Those purposes were, is had been already seated, to
destroy the King, to take sgoaseseion of Hank and of the
'fame, en stop she Mail-cinchet, as a sigoal to. the people lb I
the country of the proecadings which had taken place„ in the
hopes that they whuld take the alarmand rise. In addition to •
theobject of either' destroying or restraining the peraon of the
Kimg, it was also preptised to siersound the two /louses ot
Parliament. It woidet be oecesamy, his Lordship said, be-
fore It. procenled to recapitulate the evidence to the Jury, to
make a few observations upon what had been said upon the
sublet of words being considered as amounting to 'nelson.
It had been: contended by the Learned Gentlemen of Counsel •
with the prisoner, that worth could. not constitute the crime of
Treason. Now if it was merely meant that words were useless
and inapplicable to any purpose thet Unheated any particular
design; they certainly could not be held w ba High Treason.
But words uttered witit a deign to persuade, or incite others
to commit Treason, or to concur in an ail of Treason,
were undoubtedly in themeelve: over ads of Treason.
There could be no doubt but that, when a consultation was
held for the purpose of devising means to commit treason,
words used at such a consultation, with a view to persuade
persons ter engage in it, were overt ails of treason. This
it es a doctrine which, since-the time of the decision which
had been quoted by the Solicitor General, had never been
doubted, and he was confident never would be doubted.
Another point which had been strongly urged by • the
Counsel fur the prisoner was, that the Jury ought not to at-
tend to the evidence of an accomplice. This was cer-
tautly, in sonic iiistautes, matter of very delicate consideration.
That an accomplice was a competent witness, was a proposi-
tion that could not he doubted, and that he might, in many
instances, be a cradiale witness was also clear, fur if an accoal-
plice eas nut a competent witness, or if he was to be always
considered as mworthy of credit, it would be useless to ex:s-
telae him at all. The evidence of accomplices was, therefore,
always recet%ecl Arith great caution and consideration. to this
case some of the witneares were certainly to a certain extent
sullied, but net al in an equal degree. Some things might be
imputed to some of ilia witnesses, which certainly could nut be
imputed to others, bet even those who were liable to the
greatest objection out al;c:.+Ullt of their character, might be con-
tinued in many by other witnesset, and 'Meat cve.s deserve
credit for things which they stated, from the clearness and
consistency of their own narration, but still more so, siren they
were ebnfirmed by other; who were not linked watt them in
the conspiracy, 41141 also by a variety of external circumstances.
If it was trite that accomplices were in nu cases to be deemed
worthy of ereitit, then that which Lord Holt had stated would
certainly be the cm .equence, viz. that treasonable conspiracies
colloid noes be detected, eecause it was pittfectiy clear that no
person culad give evidence of the circumstances of a conspiracy,
but those who were aequaitarel with them, and nobody could
be acquainted with the circumstances of the conspiracy, but
those who met with tne conspirators, or who heard the particu-
late front the parties concerned. This was the case of the pit.
news Einbim ; it was net clear that he was implicatid in this
conspiracy, though he certainly heard their consultations.
There was a deseription of witnesses who could not, with pro-
priety, be called accomplices, although they might be present
at the consultetions. Fur intance, if persons attended for the
express :purpose of discovering the intentions of the per-
scans who were consulting for-the express purpose, perhaps, of
checking and frustrating them; they might he witnesses
of the fact without partaking of the guilt, at least in the case
of Treason. Such, perhaps, might be 'the case of Emblin,
or he might originally have had some guilty intentions, and he
might have wavered in his intentions afterwards, therefore the
teen accomplice did not belong to him, at least it was not clear
that it did. Certainly he was nut without blame ; nn mind
that ,e as ver7 delicate, %out,' have countenanced crimes a long,
though he afterwards might have disclosed them. Now having
made these general observations upon the nature of accom-
Pliees, and having stated that they might be believed if their
own story was clear amid consistent, and especially if they were
confirmed by other witnesses who were not suspected, it re-
mained for the Jury to determine, whether the witness Eloblin
was or was not to be believed in whet he had stated. His
Lordship then proceeded to reeaaitulate the evidence which
had been given. In commenting upon the evidence of the
witness Francis, his Lordship said, that the paper was found
in the routs containing the Declaration and tile Oath which