The British Press; or, Morning Literary Advertiser.
London, England, 1803-02-11 00:00:00

~`.~

BIIM=mIIPMMI

ing the proceedings of yesterday, it would be a vain
attempt to give even an impeded idea of it. He
commenced by observing. that it was his duty to ad- I
dress the Jury on behalf of the twelve unfortunate
men at the bar' for whom he was Counsel, at a period
cf the night when both body and mind were over-
come with fatigue and attention. He adverted to
the difficulties he had to encounter, as Counsel for
twelve men accused of so great a crime. It was
a crime striking at the very fountain head of sove-
reign power, and involving in it the destrudion of
one not only endeared to us by the sacred fumftion
Fe fnifilled, but by Iris charader.in every relation of
public and private life—one who
I lad honer faculties so meek; had lseett
So cli•ar in hi,. great oilier, that his virtmes
Would plra.ll.ke tug Gls double tongural, against
The deep damnation of hu takers off.
He alluded to the Statute of Edward the Third,
by which it was required, that no man should be at-
tainted of High Treason, except proveably by men of
his own condition ; and he elucidated his reniarks
upon that Statute by the Commentary and Exposi-
tion of Lord Coke, • and the more modern writings
of Lord Hale and sir. Justice Foster. He contended
that the question for the Jury was stripped of all le-
gal discussion—all difference of opinion as to points
()flaw; and that it was a mere question of fact. He
then stated what were the rules and principles of
evidence required to prove the fact of high treason,
elucidating his remarks by apposite quotations from
Beccaria on Crimes and Punishments, and other
eminent writers ; and byreferring to the various pre-
cedents on subjects of criminal jurisprudence, at va-
rious periods prior and subsequent to the Revolution.
He then referred to the particular evidence given in
this case by the wimesees, insisting that it was of too
suspicious a nature to justify a Jury in coedemning
such a number of their fellow-creatures upon a
charge of so foul a nature, and which was visited
by punishment so severe and dread/oh He examined
the evidence of each witness separately, contending
that the trstiniony of Virindsor and the accomplices
was unworthy of the least credit. He made many
severe remarks upon the character of the witnesses,
and appealed, in the most earnest manner, to the
Jury, to discard their evidence altogether ; and he
eonclnded an eloquent harangue, the delivery of
.hich occupied near three hours, trusting that the
Jury would, by their verdict, restore4ie prisoners
to their families.
A great number of witnesses were then called for
the purpose of giving characters to the different pri-
soners, who stated them to be all men of sober and
industrious habits, &c. but none of them spoke to
any knowledge of the political sentiments of any of
the prisoners, never having heard them say any thing
upon politics.
Mr. Hovte.t. spoke in behalf of the prisoners
after the evidence was closed.
The ATTORNEY GENERAL made an able reply to
the speech of Mr. Jet YLL, and answered all the ob-
servations which were made by him. He maintain-
ed that all the evidence was on one side, namely,
for the prosecution. As to the character of wit-
nesses, he observed, there was more advantage to
the prisoner in the case of High Treason than any
other, even in the case of an accomplice being exa-
mined as a Witness, beceu:...et the prisoner had the
name and addition of every witness to be exalt=
against him given in, a number of days
his trial, by which, if there was any dereE in the
character of the witnesses, the prisoner had time
to examine into the matter, and to bring forward
any thing that might diminish the credit of a wit-
ness, an advantage which a prisoner never had in
the case of a common felony ; so, in this case,
if any of the witnesses for the crown were
those despicable chat acters they were stated to be,
there had been abundant time to attack their
character by the evidence of others, if their cha-
racters were vulnerable. That with regard to Go-
vernment having discharged fifteen out of the
thirty who were apprehended at the Oakley Arras,
and who were supposed to be as guilty as the pri-
soners, and who, it was contended, ought .to hare
been examined .by the Crown as witnesses, he had
only to say, if they had been called as witnesses
for the Crown, they would have been called accom-
plices; but if .the prisoaers thought they could
prove any thing material to their defence, they
would have been excellent witnesses for them. That
Government had not prevented their being wit- •
ncsscs for the prisoners, by including them in the
charges now before the Court; and if they had
therein erred, it was an error that could not be said
to be a hardship on the prisoners. Ile depreciated
the idea of giving way to the appeals which had
been made to the humanity of the Jury, by repeat-
edly reminding them that there were as many lives
to ise disposed of in this ease, as there were em-
powered to pronounce their doom. He held this to '
be a principle much too dangerous to be attended
to. He lamented as much as his Learned Friend,
Mr. Jut v es, could lament, that twelve of his fellow-
crea'ures
should be now upon their trial for one of-
fence; but that was their own fault, and not his. !
There was no calculating the den' get to 4vhich this
• country would be exposed, if it were once under-
stood
that Government were never to bring forward
more than five or six persons in any one conspiracy
against the State. The effed of that might be, that
men disposed to mischief might be led to think that
if they were five or six thousand in number, and
only one out of thousand of them was to fall, the
risk to each individual was sn trifling that it did not
deter them. That was not the course to be taken;
the Public and the Government must be secured
under the administration of the law, whatever the
sacrifice might be which the guilt of particular
individuals might render necessary. The ATeue-
sixv GENERAL then proceeded to enforce this pi in-
ciple with irresistible force, and to contend, that
with the exception of a few of the prisoners, whose
shades of guilt were different, the prisoners must
be found guilty, as a sacrifice that was demanded by
Justice. •
Lord Et.LEN Boaounn then went over the whole
of the evidence correctly, and many able comments
on the various parts of it, aril distinguishing the
cases of Philips and Smith from the rest, as not be-
ing so decisively made out in point of intention
as the :est. His Lordihip also went over the points
of law as they had been mooted at the Bar on the
subjed of the evidence of accomplices and spies,
Sec. in like manner as he did on the former trial of
Colonel De .yard.
The Jury retired, and deliberated till Eight
o'Clock, when they appeared in Court, and returned
the following :
John W noti—L
Thema; litoughtos-.CaUty.