The National Register.
London, England, 1820-04-03 00:00:00

jritr

No. 1,231L—V0i.. XIII.]

HIGH TREASON.
MIDDLESEX SESSIONS-HOUSE. CLEItEENWELL.
MONDAY. MARCH 27.
This being the day appointed for preferring to the
Grand Jury of this County the Bills of Indictment
against the Conspirators apprehended in Cato-street,
the Grand Inquest was assembled at nine o'clock ;
the officers of the Crown were in attendance, also
the High Sheriff of Middlesex.
The witnesses thirty in number, amongst whom
were Monument, who has been confined in the
Tower of London, and Adams, who was detained
in St. Martin's watch-house, were in waiting in a
room by themselves, and in another room were the
pike-handles, 38 in number; the arms and ammu-
nition which had been seised, as well as in Cato-
street as in other places occupied by the con-
spirators, were also collected, is readiness to be
produced for the satisfaction of the Jury.
At ten o'clock his Majesty's Attorney and Solici-
tor-General came into court, and shortly after-
wards Sir Charles Abbott, Lord Chief Justice of
the Court of Kings Bench, and Sir Robert Dallas,
Lord Chief Justice of the Court of Common Pleas,
two of the Commissioners named in Special Com-
mission fur this occasion, took their seats on the
Bench.
Proclamation was then made by the Crier in the
usual form, when Lord Chief Justice Abbot deli-
vered the commission to Mr. De,altry, the clerk, in
court, to be read, and it was read accordingly.
The names of the Grand Inquest were then called
over, and 23 gentlemen were sworn as the Grand
Jury, by Mr. Abbott, clerk of the Nisi Prins.
Proclamation having been made by the crier for

silence,
The Lord Chief Justice Abbott delivered the
folloviing charge:—
" Oeutlemma of the Grand Jaye...We are assembled on
this occasion. under the authority of his Majesty's special
commission, for the purpose of hearing and inquiring into
certain Bills of Indletmeat, which will be laid before you,
charging certain .persons, first, with high treason; se.
voodly, misprision of high treasons and thirdly, to inquire
touching the wilful murder of Richard Smithers, and any
other crime or offence touching the death of the said R.
finishers, and any other offence or offences against,
douching. or conceruing the posons of Frederic Fusels.
rence, William Legg, James Ellis, John 811111111% William
Westcott, William Charles Brook, John Mod tuck, and
Benjamin Gill, or any of them, contrary to the form of an
Act made and passed in the 43d year of his late Majesty,
intituled " an Act for the further prevention of malicious
shooting, or attempting to discharge loaded fire aria,
stabbing, cutting, wounding, poisoning, and the malicious
ration of means to procure the miscarriage of women, the
malicious setting fire to buildings, and other offences
therein mentioned ;" and, Gentlemen, it has become my
duty to offer for yoursconsideratioso some remarks touch-
ing the offences charged against the parties in the Bolls of
Indictment. which shall now be ',teamed for your deli.
beration. Gentlemen, the clauses open which the charges
of high *season hi those bills are fouuded are to be
found in the statute of the 25th of Edward 3d, and in
another statute of the Stith of his late Majesty. By the
first of those statutes it is declared to be high treason,
when any person loth imagine or compass the death of
the King, or shall attack the person of the King, or
attempt to depose him from the crown of these realms, or
shall levy war against his Majesty, or attempt by force to
oblige bun to change the measures of his Government, or
shall by threats or tumult attempt to ovvrawe Ins P.rlia.
meet in their pram-dings, each of the petunia so offend-
ing shall be deemed guilty of high treason. and soder the
penalties incurred thrreliy. Yon will, therefore, Gentle-
men, deliberately isiquie, whether the charges so intuited
to your cousideration shall be proved to your satistaction,
imputing Mille parties the r rime of imagining and com-
passing the King's death, or intruding to imprison his
person, or depose him from the throne of these realms, or
levy war against him; and it may tie necessary to observe
to you, that it is further enacted by the statute last men-
tioned, that if II party shall express his opinion by writing
or Printing in aid and fin doiratiee of stick treasonable
purposes, he shall Meru also the guilt of high treason; for
the law bas provided, that in eases of this 'More, the
intention shall cististitsit e the mime ; tint it does, at the
game time. termite, that the guilty intention shall be ma-
nifested by sonic act of the party to evince his eri 11l itt
al
purpose. Before the loassing, of the late statute, accordisig
to the upimttuts Of all the 11111•• en i i iii nit test-wtiters upon
this subje et, it was held to lir the law of this land, that all
persons guilty of used acts for e iris-log or ituag• • g
the King'. .1. 4115, «ere KnuthOf high treason ; anal ny the
late Act, ally al.empt to restE4lll his ;seisms, or to levy war
against him, or to Oilier him to chasige the ineasuren of
his Government, is hi:oi 114,1%0:U It may lie also requisite
for Inc to state to you, that it is be no means necessary, ill
order tly Collsitillte the levying of war, thrt the parties
'Mould al; pear it: of VII :114..y ~!* arms. 'mei)
makes its gist irlipesti w•t• ey a display of military fro ;
but begins by secret lit eparattiotomil proceeds toy degrees.
But, as I have already Slated w yoll,ally attrmll Ii does
to overawe his Majesty or his Gus e runikait, is of itself an

MONDAY, APRIL 3, 1820.

overt act of treason, and all the parties acting in ald of
such a purpose, are equally guilty. In tlik crime, the law
allows of no necessaries, for all parties so offending are
deemed priaciaals.
His Lordship having laid down the law as affecting high-
treason. neat proceeded to define misprision, of treason, as a
wilful concealment of any treason existing against his Ma-
jesty, but in order to constitute the guilt of this crime, by
which the party ofending Wes/reed the loss of his estate and
property, and other heavy penalties, It was necessary he
should actually know of the treason existing, fur mere hear-
say without (*other knowledge would not expose him to
the penalties of concealment. Bat every !opal subject
would feel it his duly to communicate to the meat magistrate
every thing which came to his knowdlege respecting such
treason, in order that measures might be taken to bring
to justice the parties concerned. Hir Lordship then pro-
ceeded to Jane the laws as it. affected the other crimes
charged in these hide of indictenenc—First, with respect
to the murder of &withers, the law protected no house,
except a dwelling-house., against the forcible entry of the
officers of justice for the apprehension of parties charged
with felony; but, in this case it would appear that the
parties were assembled, not in a dwelling-house, but in the
loft of a stable in an obscure street, and that the °facers
upon their entry announced to the parties iheubject of their
coming. and called upon them to surrender, which they
refused to do, and, as it was stated, fired their pistols nod
presented their weapons against those °Seers in resistance
to them, while in the e tion of their duty. The law
considered this an act of unlawful resistance. If any ma-
gistrate, or officer of justice, called upon the persons so
/assembled eo surrender themselves to justice, is any tone of
language that was audible and intelligible, and that the
parties refuse and resist by force, if an, death shall accrue
in consequence of such resistance, it was murder in the eye
of the law. The next point respected the discharging of dre
arms against the several parties who were siding and assisting
in the apprehension of those men; and this act, by a Sta-
tute of his late fil qjesty (Lord Ellenborough's Act) made it a
capital offence fur any one to shoot at, or wound any person
whit/sawyer in such manner, that if the pa ' o shot at or
wounded. should die,the ofeiader might be convicted of
wilful murder. His Lordship concluded by desiring the
Jury to inquire, with the almost calmness and deliberation,
into the nature and circumstauce4of the charges before them;
to dismiss from their minds all impressions which might have
hefts made by previous flagmen ; sad he had the fullest per.
suasive that their decisions would be governed by the dic-
tates of their own baits and consciences.
The Jury them retired to their room, and proceeded to
examine the witnesses..
After the witnesses had been sworn, the Judges
• adjourned the Court till twelve o'clock the next day.
The Jury remained nearly an hour before they
called any of the witnesses before them. The first
examined was Mr. Bouchier. Solicitor for the Tres.
sury, and be was succeeded by Adams, whose dis-
closure, as to the conspiracy, has been of the most
minute description. The Clumeellorof the Exche-
quer was in attendance as a witness. Firth (the
cowkeeper,) one of the rimers in the house of
correction, is so much in aced that little hope is
entertained of his recovery.
TSJSWAY, rumen 26.
The Chief Justices of the King's Beach and the Cements
Pleas, and the Attorney and Solicitor Generals, took their
respective seats in the Court Won after twelve o'clock. At
aiat.past two, thefirand Jury enemed with true bills for hh
!ream/ ageing Arthur ThietieWood, William Davidsoign,
James Inge. J. T. Brunt, I. Tldd, J. W. Wilson, J. Har-
rison, K. Bradburn,J, S. Strange. J. Gilchrist and It. C.
Cooper. The bills for high treason against Abel Hall and
ft. Cooper were ignored.
the Foreman then requested, in the name of the Grand
Jury. that his Lordship would permit hit charge, delivered
yesterday, to the grand inquest, to be printed.
The Lord Chief-Justice replied that every attention would
be given to their request, hut that it was not convenient for
him to accede to their desire at present. He wished to
consult with Isis brother Dullas, and the other Commission-
ers; but the gentlemen of the Grand Jury might feel assured
that their request would be considered.
His Lordship then expressed to the Attorney-General his
wish that the persons against whom true bills had been found
might base intimation, without the trouble of coming into
Court, that their /Morales and counsel would have ready
access to them.
The Attorney-General sold he would attend to that, and
see that every facility should be given to their commenication
with their legal advisers.
MARCH 29.
This morning, at twelve o'clock, the Court was
opened, pursuant to adjournment from Tuesday.—
Chief Justice Abbott alone took his seat on the
Bench ; the Law Officers, several Magistrates, and
a few spectators were also present. Immecliately
after, proclamation being made in the usual tcnns,
the Grand Jury entered, and delivered the remain-
ing bills which had been laid before them to the
Clerk, who stated the result of their investigation to
be as follows :
Trua bills tbr murder found again:t A. Thistle-
wood, J. T. Brunt, It. Tychl, J. W. Wilson, J
Harrison, J. S. Strage.
The bills for murder not found as to W. Davison,
Ings, It. I3radborn, A. Hall, It. :yeorge, J. Gil-
christ, C. Cooper.