The National Register.
London, England, 1817-10-27 00:00:00

TUESDAY.

The trial of William Turner was continued this day : the
Court met at its usual hour of 8 o'clock, and the business pro-
ceeded i 1111 l sediatly : William Turner looked even more de-
jected than yesterday. Mr. Cross then addressed the Jury.
His speech was much more striking than the previous one :
he professed, indeed, that both himself and his learned (itemd
had despaired of success in the former case, on account
of the taint of' murder which was' upon, and the general
ferocity of, the prisoner's character ; but in the pre-
sent instance, the simple question of whether the facts I roved
amounted to treason or not, would alone be entertained by
Ilse jury. He hinted that he hail no doubt of the firmness of
a Derbyshire Jury, though he saw souse season to roar whe-
ther men whose lives and properties had been at stake would
not come with prejudiced minds to the evamivation of this
important question, and be apt to ovei look the distinction
between riot and treason. He went over his former ground
(but with more precision) of the object of the Itiut Act, and
contended that even a declared design to use. throw the state
could not, except by the grossest perversion of common sense,
be called treason, when there was an utter inadequacy of the
means to the end. He particularly entreated the jury to dis-
miss (runt their minds all recollection of Brandreth's peculiar
cuse,and accused the Crown-lawyers of intinagetnent in bring-
ing forward that case first. He told the jury not to be inti-
midated or overawed by the unusual array of Judges and
Crows-lawyers who had come to wage war against a miser-
able pauper. He then commented with great force and in-
genuity out the facts of the case , and insinuating, as before,
that base means had been taken to exasperate poor and dis-
contented men into acts of public violence ; he concluded by
desiring the jury to adhere to the oldlaw,as established by the
statute of Edward and the Riot Act. and not to sanction the
novel doctrine of constructive treason.
Three witnesses were then called fur the prisoner, who had
known hint for different periods of 33, 12, and it years, and
who agrecid in calling him a humane, loyal, and peaceable
subject.
Mr. Denman followed, and after stating the law 'of the
case, commented with great perspicuity and force upon the
evidence. He insisted on striking out the evidence of Martin
and Ashbury as perjured, and contended that the rest of the
evidence proved nut a single circumstance of treason
against the prisoner. In the conclusion, he appealed
to the consciences of the Jury lu the most solemn and im-.
pressive terms, conjuring them tp beware that no doubt upon
the subject should hereafter agitate their minds on their death.
bed, or overwhelm them with confusion in the day of judgment
The Attorney-General made au animated and perspicuous
reply, in the course of which be coutesided that the statute of
Edward 111. was itself Waisted to mark the distinction be-
tween riots for some private purpose, and a war against the
State or the King's Royal Majesty. The latter expression was
at that time always used to signify the Guyer 1111 l rut ; and an
attack upon any part of it, with numbers and force of aims,
had uniformly been decided by Courts of Law to he a levy-
ing of war against the Kiug, in the sense of the ancient sta-
tute. He likewise took occasion to repel the insinuation
thrown out by Mr. Cross, that some management had been
employed in order to procure * conviction, by putting Bran-
sirens, who was tainted with the crime of murder, first upon
his trial. lie declared that he had not beets at 11 actuated
uy this motive, anti that the only reason for trying Brandreth
first was, that he had been selected as leader by Isis co-con-
spirators. The same reason had induced him to take William
Turtles', who had been set:audits rommaud, theseeond in ender.
Toe lAttorney-tienerat 'trial/ concluded about half past
12 o'clock, M Justice Dell's addressed the Jury, and sum-
med up the ',Weiser, which- occupied the Court till Orally
hair past 3. Alter explaining the law with the utmost pre-
cision, he dwelt with torte en the peculiar feature of the
crime tOr which the present prisoner stood before them. Olt-
seivations lie said, lord lieeu made tithe Jury, on their feel
.nits at the boor of sickness or deaths if they sbuuld hod kitty

339

had been mistaken iu their verdict. It was not for him, sit-
ting where he did, to weaken such impressions—he rather
wished to give them force; bait lie would tell them, that
in the hour of sickness or of health, at the day of death
and in the final judgment, they would find their best con-
solation in the consciousness that they had done their
duty and fulfilled their solemn oaths. If they really had any
doubts as to the purpose of the insurrection, or the prisoner's
share in it, they were bound to give the accused the benefit
of those doubts, and to bring in a verdict of acquittal. If
they thoughtotherwise, they should bring in a corresponding
verdict, however painful, without any regard to consequences.
The Jury then went out ; they remained in constellation
about twenty minutes, and returned to the Court at hail past
S o'clock exactly. It was easy to gather from their counte-
nances that they had a painlWl tavk to perfoi in ; their nausea
were called over, and the usual question of Guilty or not
guilty' being put, the forentananswered in a faint and dejected
voice, Guilty. The prisoner looked somewhat paler dens
before, but there was noother difference : he was immediate-
ly taken away. The verdict did not seem to make mode ite-
pression on the numerous auditory : and indeed it is hardly
possible to conceive a people less moved by even common
curl. city than the people of Derby.
'I lie Judges, as soon as the prisoner was removed, asked
the Attorney-General whether lie would proceed then or to-
morrow morning. The Attorney-General thought it. best to
adjourn, as the Jury could be merely impannelled that. night,
and might, without being of li ale, be confined two nights.
Adjourned till 8 o'clock to-morrow.

WEDNESDAY. •
The Court met this morning at 6 o'clock, and on the motion
of the Attorney-General, Isaac Ludlam the elder, already
arraigned of high treason, was placed at the bar. The ph-
Stoner is an elderly man, and of very decent appearance.
The panne! wa, then called over, and after a considerable
number of challenges by the prisoner's counsel, Mr. Denman,
the following jury were sworn :Philip Waterfield, of 'fisting-
ton, gent.; Anthony Alsop, of Wensley, reinter ; William
Dunn, of the same place, firmer; John Ueinsworth, of Ash.
bourne, farmer ; William Campion, of Church Eversley, far-
mer ; Thomas Freer, of Cauldwell, farmer ; Thomas Brown,
of Dumelen, farmei ' • Thouias Cooper, of Cliellaston, fanner ;
Edward Stevenson. of Meacham, farmer ; Robert Cresswell,
of Ravenstone, gets!.; Henry Wayte, of Milton, farmer;
John Wright, of Bradborne, tanner.
The indictment having been read, Use pleadings were opened
by Mr. Balguy.
The Attorney-General then stated the case; and after
several witnesses had been examiwd, the Court adjourned at
six o'clock.

_
THURSDAY.
The Court met at 8, and the triad of Isaac Ludlam the
elder was resumed.
Mr. Cross opened the defence, by submitting that the pri-
soner must be acquitted, notwithstanding the explanation
of the law of treason contended fir by the prosecutor, and
sanetimied by the Court, since there was no proof of a defi-
nite general purpose having ever existed in his mind. lie
insisted that it wan mere delusion on the part of the ignorant
villagers of Wingfield. that the simple are ever she dupes of
audacity, and that it world be bulb cruel and unjust to punish
for a delusion which they could-neither detect nor resist.
After having examined the evidence wish great ingenuity and
feeling, he conclinted by a most tolema carillon to the Jury
against intimidation front the totter verdicts, or fruits the
CO•11,111,` of their neighlronrs.
Mr. Caton, the gaoler, gave evidence in a very lowneee
t't eliug nianner of the prisoner's general good etasaluet,
and affection to his sons since his confinement.
Sir.l)lnmau beget) by pointing nut the peculiar
stances of the prisoner's case. His innocence could not be
proved the want of witnesses, his sons being indicted, and
his wife inadmissible. He repeated his challenge to the pub-
lic prosecutor to 'nurture the evidence a hick they possessed
of the origin of the mischief. The prisoner, as well as all
the other prisoners, ass but an instrument of deeper, darker,
and more ingenieas persons—of infamous shies and informers
who created the evils they were employed to detect. Jet..
nprrieh lliandretles character and influence over the deluded
inhabitants of taltigtield he embellished by a quotation from
" The Corsair." He reprobated the insinuation, that the
soner had led Isis soils into danger, in the finest strains of
eloquence; and animadverted at great letxgth on the cha-
racter of the first two witnesses, and on the unilecisive nature
of the rest of the evidence : concluding by soliciting the com-
passion of the Jury with great warmth.
The Solicitor„General repiit d. 'the law was laid down to
them by the Court, and they were bound by their oaths to
receive it. The prisoner was proved to have willingly and
actively engaged in the treason and outrage ; he must there-
hire be cuevieted.
Air. Justice Abbott summed up with precision and candour.
The Jury retired, but in less than than ten minutes returned
with a verdict of— Guilty.
While the Jury was out, Ludlam looked paler than inns!,
but lie heard the verdict with tile utmost Ai •-• •-ss s ••••.ik.
posure. His face was a remarkable ex, nuke et deb .y
ranquillity.
The Court then proceeded to the trial of George Weight
man. He seems to be about 22 years of age, and very good
looking. His youth, the simplicity of his looks, and strong
apprehension of his future fate, excited a visible interest in
all who saw him take his place at the bar.
TheSolicitor-General opened the case for the prosecution
with much brevity; and Mat tin, Asbury, .Shipman, and Tur-
ner repeated their evidence for the fourth time. At halt-past
6 the Court adjourned to 8 to morrow morning.

FRIDAY.
Mr. crow addresses! the Jury in behalf of the prisoner. He did not
attempt to controvert the law of High Treason, as laid down by the
Judges. He merely urgad, that Weightman had been deluded into
the commission of that clime, for which he then stood arraigned. and
for which, if found guilty, he must atone by the forfeit of his life.—
He trusted, however, the Jury would see groutols for a merciful ver-
dict. He had evinced, even in the whist ot tumult and violence, a
strong disposition to humanity and mildness. Recollecting that he
was only the instrument of others, considering that he was young and
unexperienced. and that he had yet, if it pleased those who had the
dispensation of his fate, a long life before him, he had no doubt, be
could never tail to reflect upon vic sutlering in which the incaution a
early youth had involved bun. Tins reflection there was every reason
to hope. would serve to correct his ermrs and restore hint to his country.
a faithful and grateful subject of that Sovereign. to whose mercy a
just appeal was never rustle in vain. Ile therefore biolt leave to ins.
plore that the Jury would rear amend the prisoner to mercy. Ho
was encouraged to hope that his api lication would not be unavailing.
and that which wan the unniversar of tit. acciataion to our gab, iv,
Sovereign, would form a new eta in reracoin goon harmony to the
country.
Mr. Denman followed. and made a similar a to v • • eney'ef
the Jtuy. Tile Attorney lianeral, in reply, absarnid, that, lows

:340

by duty, he would never step in hetweim Ray prisoner and
the royal uzerry. The Jilige then suraTned up., and ti:e July returned
rertPet of Guilty, but strongly recommended the prisoner to mercy.
It was now intimated by the. Crown Solicitor. to the a,;ents ti r the
piiistiters. yet untried, that if they. wouki withdraw their plea of
•-• Sett; eilty.- tilt intended pesKioetinon of them would be abandoned
:?,,1 they might expert the mercy of the Crown. This propthition WAS
immedietely tieceedetl to: mid the whole of the prisoners• would be
brought into Court yestertleiy.