The National Register.
London, England, 1820-04-30 00:00:00

TIDE NATIONAL REGISTER.

The Lord Chief-Baron acquiesced iu the proposition,
and adjourned the Court till to.niorrow morning at nine
o'clock
During the whole of the day Brunt was engaged in
taking voles of wilat occurred ; so also were two of the
oilier prisoners—Harrison and Wilaon.

TUESDAY, APRIL `..!5.
At nine o'clock. the Lord Chief Baron, Mr. Baron
Garrow, and Mr. Justice Richard•ou, entered the Court,
which was but thinly attended. Immediately after-
wards John Thomas Brunt was put to the bar, and
accommodated with a chair, as he had been the day
preciously. He looked rather paler than he then did,
but was quite firm and composed in his demeanour.
The witnesses examined to-day were, Geo. Ruthven,
Hector Morrison, Samuel Taunton, and Sergeant Ilan.
son ; and with their examination the case for the pro-
secution closed.
It ss as then directed that the muskets, pikes, swords,
and hand-grenarlet, which had been taken either at the
house in Cato-street or at the lodging of the conspira-
tors, and which had been submitted to the inspection
of the jury, should be removed out of Court. The
execution of this order excited souse slight confusion its
the Court.
As soon as a conversation respecting the accommoda-
tion of the students lisd terminated,
Mr. Curwood tote to address the Jury on the part of
the prisoner.
Mr. Curwood concluded his address at 11 o'clock.
He then called John Bennett.
Mr. Gurney begged to ask the purpose for which this
witness was called.
Mr. Comm' stated, that he was to contradict part of
the testimony given by the witness Hyde's, in his cross-
exlmination.
Mr. Gurney then read his notes of the evidence in
question, from which it appeared that the answers of
livilen were not of such a positive nature as to render
such a contradiction necessary. Hyden had not sworn
positively to the point which was meant to be contra-
dicted.
The Chief Rums referred to his notes, and confirmed
the statement of Mr. Gurney.
Mr. Curwocxl, under these circumstances, declined
calling the witness.
Mr. Adolphus then shortly addressed the Jury on the
same side with Mr. Curwood. He took a comprehen-
sive view of the whole of the evidence; denied that the
evidence of Adams, the accomplice, was entitled to the
slightest credit; and contended that, as it was not sup-
, ported by more credible witnesses, the offence of which
the prisoner had been guilty, however great, did not
amount to the charge in the ►ndictment of high treason.
lie concluded his address, in which he displayed ►ouch
zeal and ability, by appealing to the Jury on the danger
to society of receiving the unsupported evidence of an
avowed accomplice, in a crime of a nature so serious as
that with which the prisoner stood charged. He en-
treated them not to convict the prisoner because he was
a bad man, but to examine how far the charge against
him had been substantiated.
Chief Baron.—John Thomas Brunt, your Learned
Online; have concluded their Yermble darnee; but if
' you wish to say any thing on your own Winn; limit is the

time.
Brunt then rose, and with a firm voice said, that a
written defence had just heed put into his hands; bid, as
lie had not had time to read it, lie would make a few °b-
yes vat ions 011 the evidence. He then stated the origin of
Isis acquaintance with the witness, Adams, and attempted
to impend' the whole of the witnesses who had appeared
against him. He alluded to a person, in the list of w•it.
nesses on die part of the Crown, whose name has often
been mentioned in the course of these pi uceediugs, but
who has not been called upon. He declared that he had
been seduced by this man, and had often received refresh-
ment of meat and drink at his expense, He concluded an
address of Italian hum by appealing solemnly to God fur
the Utah of Isis assei lions ; unit declared tint, whatever
might be his fate, lie would not die unwire thy u descendant
of the Ancient Britons.
'like Solicitor-General rose to reply.—He remarked
upon the several parts of the evidence touched on by the
Counsel on the other side, and concluded with a solemn
call upon the Jot y to give au impartial vet diet, according
to Hie evidence.
The Chief Baton began to sum up a short time before
two.
While his Lordship was slimming up, Brunt said, " My
1401 d, there are smile of the witnesses for the prosecution
in Court, and a, their bearing the evidetict summed up
may pi (-justice the trial of some 01 my ftilow-prisoners, I
hope your Lordship will order them to withdraw."
Mr. Gurney.—My Loud, they are only those witnesses
who were permitted to remain by common consent; they
are the corseers.
The Lord Chiel-Baron.—They are only those whom
you Counsel has e coosesited to remade.
Mt. Baton Garruw repeated the same observation to the
vrisoner, who bowed respectfully to the Cons and re-
sinned Isis spat.
.1 he- Lord Chief-Baron coot hotted to min up the evidence
with great ple•tisiuu to the moll.
As soon as Ilk Lordship conduits d, and before the Jury
lensed, lose lot obelli addressed the Court:—" M) Lord,
1 hur )1,111 Los stship will allow sue to ask a question as
to a i•,•lil of law."
Tile amid Chiel-Barom—Cettaitily, Sir, any thing you
Jititor.—My Lurd, we are humid to take the law from
)1/111' lwtrel,hip, and ties doubt you will give• it to its must
coo iectly. I wish to know %%betties, tithe evidence hot e
out that all armatmelit had taken place, and that there was
c.istntify to thy civil power, would that, in the law, be
i ht..o,ttut war.
hel. nit Cln, 1-11arun.—Undoubtedly.— After a Muni
pause• 111,, lunisbep %:tol,—(ieettlenten, do I mideistand the
Please to repeat it agent.
'I he Jllllll repeated the• gitemtitott, and lies luidsliiii re-
plied, that ii enlist once to the civil amitosis), would nut
emo,liiitie a Irv, mg of war.
1 hi' Juiror.-111) lord, if dicer. was an armament for the
outpost of inducing his Majesty to clause his measures,
would that be a levying of war?

.4,.

The Lord Chief-Baron.—That, gentlemen, would con•
minor a levying of war; and if you believe that it was
proved in evidence, it world support the indictment tinder
the art of his late Majesty. I put only the first and third
rooms to you, gentlemen, not to embarrass the case.
same Juror.—Lwoald wish to considet the whole
of the indict mete.. tfitope_.your lordship will excuse my
asking these questions.
The Lord Chief- Haron.—Certainly, gentlemen, it k
your province In consider the whole of the case before
von. You have also an undoubted right to ask any ques-
tions you may think necessary.
The. Jury then retired at 20 minutes before four; and
in about 19 minutes returned with a verdict of Guilty on
the third and fourth counts.
The prisoner's appearance was in no degree altered by
the ammuciatimt of the verdict. He bowed slightly to
the Court, and was removed in the care of two of the
emilei's assistants.
In att%wei to a question from one of the jurors, they
Here told that their attendance would not he requited
before Friday morning; but that the alll.llll.llter ttf the
other jowls would be necessary to-morrow (this) morn..
THE ATTORNEY-GENERAL, V. THE PROPRIETOR OE THE

OBSERVER NEWSPAPER.
Before their Lin ilships left the bench,
The Ai moors-General begged to call their attention to
a subject Which he had before brought to their notice.--.
Yesterday morning he had called the attention of their
Lot &hips to the Cill 1111 l statute of a Sunday newspaper
having violated their Lordships' °Orr by publishing the
reports of the trials. At the Mite he first mentioned
this subject he was not in a situation to submit any mo-
tion on it; he had now an affidavit, woich set lot th the
purchase of the Observer newspaper from the servant of
the proprietor, Mr. Clement, on the 24th pn., at his
shop in the Strand. If his Lordship should have any
doubt that the publisher was in ignorance of the order
which was made, it would be removed by his reading
from the same paper the very order which had been given
to prevent the publication. [Here the learned gentleman
read the words of Lord Chief Justice Abbott, prohibit-
ing the publication of any of the trials until the whole of
them were over.] He then continued. Under these cir-
cumstances he felt it his duty to bring the matter to their
notice, as he considered it a most wilful and daring vio-
lation of the order which their Lordships had, with the
most humane view, issued on the first day of the trials.
The Lord Chief Baron.--s Let the affidavit be read.
Mr. Shelton, the clerk of the arraigns, read the affida-
vits. The first was sworn to by two persons (we did not
hear their names), who deposed that they had purchased
the Observer, at 169, Strand, front a servant of Mr. Cle-
ment's, whom they believed to be the publisher and pro-
prietor.
There was annexed to the Observe and a Supplement a
certified copy of an affidavit made by W. J. Clement, at the
Stamp-lace, iu 1816, in which he stated I self to be the
sole publisher and proprietor of the Observer Sunday and
Monday newspaper, at 169, Strand.
The ATTORNEY-GEINERAL now said, that this, accord-
ing to the act of parliament, went to prove that Mr.Cle-
mem was the proprietor of the paper.
Lord Chief Baron limn Amos (after consulting with ltdr.
Baron Garrow and .11r. Justice Richardson) said, the Court
think that nothing can be more prejudicial than the pub-
lication of :my part of those trials before the whole are
finished, and it is highly improper that this should be the
case alter the order of the Court. Mr. Attorney-General,
take an order to have the publisher appear litre on Friday
Morning, ut the sitting of the Court, to answer fur his con-
duct.
The Court then adjourned at half-past 4 till 9 to-morrow
IiONESDAT, APRIL
Davidson and Tidd were put to the Bar, to be tried
upon an indictment precisely similar to those upon which
the other prisoners were convicted.
Mr. Gurney stated the case, and detailed the evidence,
as it was given on the last occasion.
The same witnesses were called, and there appeared
no change of any importance in their statements. The
same ingenuity was displayed by the Counsel for the
defence as no all the other trials.
At Inc o'clock the evidence for the prosecution having
been grow through, with the exception of the production
of the arms, combustibles, Ste., the Court was adjourned.

THURSDAY, APRIL fa.
The Court as,einbled this morning at the usual hour.
The arms, aininuoition, &c. seized upon the persons
of the conspirators, and in their respective depots, were
then bri.oght in and laid no the table.
Mr. Gurney declared the evidence for the Crown to
be brought to a close.
Mr.Curwood having cone:tided his address,
Mr. Adolphus called the witnesses for the prisoners.
Mr. Baron Garrow then called on Davidson for his
deleuce.

1/avidson denied his guilt, and concluded by saying
he had been fifteen times exposed to dati,„Akr iti nellair of
his beloved King and Country, and after that lie would
ask where was the probabilily o. his attempting to sub-
yen the hest of all Cotistitin ions.
Told, iu his defenc,„ laid most of his misPntunes to
hi acquaintance with Brunt, winnia he had known
solve jootit 3 11101ith beihre Cnrisimas. lie declared
most solemnly that lie knew twilit:4 about the Cabinet
dinner, or the plot they flay to contemplation, and that
he had not been in the stable ten inmines before the
(Alice's caiiie
Mr. Baron Grarrow th, n proceeded to sum tip. The
duty retired for 40 minutes, and upon their return, at
eight o'clock, the Foreman pronounced both
the prisoners Guilty on the third Count, with the excel,-
non of the eighth and lentil Inert acts.
Tile pti: iiourS immediately withdrew from the bar.--
*I (IA look, d around him angrily.-I)3volsois appeared
gainer vie :will titan otherwise.
NI, (ni woad now applied to the Court to behalf of
\\ who had, he said, before pleaded a misnomer,
a:i•-rwards pleaded Nut Guilty to the indictment Mr
1 reason. 'C lie Leattlei Coolibel now welled that
ht Cowl would permit him to withdraw ins iiiii ter plea,
~,,,1 plead Gums to the High irc.,soti.
The Auto lier.ii said lie could have no ohjection•
Baron Garron ordered him to be plateed at the Bur, and
after adnumishing hini as to the nature of the comae, he was

about to pursue, told him his plea could not have the slight-
effect in altering his sentence.
The pi isoner, at the suggeotion of Mr. Harmer, his Soli
eitor, withdrew his former plea, and the plea of Guilty
was recorded.
Mr. Walforil requested the same bidulgenee might he ex-
tended to the oilier prisoners :—J oho llartison, Richard
Brodkin', John Shaw Strange. Jas. Gilt lirist, and Charles
Cooper were then put to the bar.
Mr. Walford obsei veil, that these five men had thou;.lo
proper to consult their best 'Merest, by throwing thenockes
upon the mercy of the Crown, and plead in_ Guilty, and he
hoped that les Niajesty, upon u representation of the cas
would be graciously pleased to pursue that path which his
late Royal and beloved faille' had done, who, iir his tie and
of punishment had always considered that the high, st jewel
in his Crown, was mercy !
Mr. Broderick, made a similar, but still more impressive
appeal in behalf atilt. prisoners.
Mr. Ba Garrow observed, that lie could be under no
engagement, as to their future or ultimate di.pos The
prisoners were then taken from, the liar.
FRIDAY, APRIL 28.
SENTENCE OF THISTLEW4 10 D AND THE OTHER
CONSPIRATORS.
At an early hoot this moulting the Court was crowded
in every quitter. About it o'clock the Judges entered,
and took their seats upon the Bench. There were the
Lords Chita Justices of the Coui is of King's Bench and
Common 1.,,•u5, the Chief Bison of the Court of Exche-
quer, and Josh, ea Richardson 4114 Best. The pi is iiiiiiii
were initherbuiely ordered to the bar. They were
brought rip heavily ironed. Alt. Shelton that demanded
of 'Fltisilewood, what he hail to say why sentence of
death should not be passed against hun % Tliistlewood
immediately coo 1111 l enced a it oat violent has attain-, in
which he acknowledged that it was his intention to assas-
sinate 'be Ministers, but disclaimed any intentions to-
wards the King.
The .ante question was then put to etch of the prisoners
separately.
Davidson, Brunt, and fogs, severally addressed thin
Court almost in the same terms as 'fiiistiewood had done.
Tidd spoke very briefly.
Those prisoners who had pleaded Guilty scarcely of-
fered any observation.
Gilchrist who was deeply affected, said, that he had
served his country 14 years, and this was his recompense.
The whole of the prisoners basing been gone through,
silence was commanded in Coots, and Chief Justice Ab-
bott proceeded to pronounce the awful sentence of the
law. He did this in the following terms:—" You, Ar-
thur Thistlewood, James logs, John Thomas 8111111, Rich.
Ttdd, and William Davidson. have been tried and con-
victed of the offence of MO treason ; 01 con:Tiring to
levy war against the King, in order to compel hint to
change his measures and government. You, Richard
Bradburn, John Shaw Strange, James Gilchrist, Catatles
Cooper, and James Harrison, having been chatged with
the same offence, have thought fit to withdraw your p,ea
of Not Guilty, and to plead Guilty to the charge. It may
happen that the law against you may not be exercised to
its full extent; but if this should be the case, you wit
recollect that you are indebted for this clemency to the
mercy of the Court, and to the mercy of those vet y person.
against whose lives your designs were directed. It now
only remains fur me to pronounce the sentence of the law,
which is, that you be drawn on a hurdle to the place of
vitecatiou, and there In hanged by the neck until you are
dead, and that your heads he then struck off, and your
bodies divided into roar quarters, to be disposed of as the
King shall direct.
During the whole of this painful yet interesting scene,
the utniest silent, was preserved in Court, and each per-
son appeai.t d ~r , > to commiserate the biLtlibillUU of the
unfortunate prisoners.
The prisoners were immediately removed from the bar.

As loon :is the above pi ocredels were terminated, the
Allot uiTal cubed the attentiou of the Court to the
alleged cont. ay( la CIEIIII.IIII, the proptietut 1/1 " The
Obsersei" nen spap. t. Ullu previous occasion, the Court
bud limit All. Cleini•nt Amain appear this mu ttttt
His name 01 cardinal) calk d upon, hut he did not ap-
pear. An iis pot/. nig tile actvite of a coy) of the
order of the tii. II tei‘d.
"she Jud,..es tai a eonsoliell tOgeint r fur some lime, and
the sabatt poinalunceil the opinion of the
Court 11 me, rued, that • 0 our could doubt that the pub-
lication tutu, Luin it it 11.1 d to d.siiirb the course 0.
justice. It s. iseces,iry, tna. t..e persons who
Came to dive t••.e..c ...Ili I ha.. sane is it h their
minds CO. tit, if possitrie, trie evi ien. r perviously
given. .I'.l C..url II ‘ll ihtl,lAlli it riitlii, Lydia tile totals
10 p. u.. 1011, iii the plainest terms, toe ltiiii-
aatioii of au) part of them. Tin, older hail hia h ail. a .
to by all the tie. 'paw-is, With the 4.14..1010i. Of "
Observer." TM' 101111. IViOr st, thi•refin , have brio
Itimuialed by the desire 01 .•struiliJinaty profits, to tn.
prejudir e iiithwie pupe.i. a inch had very properly compli. d
With tit. 111' ets of the C.. 1 re ISe,ng called honu iv
state w hal be had lu taKi• in justilii•atioa of his conduct,
Mr. Clem. iii had wit appeared. By this conduct lie had
saved maw li Fs 0000 the imprisonment, a bit li, if he had
ttppeateu, . Coati %fluid have ass ariii•il ; but he a oul.,
not save I. teem another sp..c.es 11f pUllishoi. ilt, Wilit'il
it 4111 the p...• er n. the Court i.• Under all these
circumstaners, the, tore, it is thy judgment of the Cow t,
Hutt Mr. Clem. ht 1111 pry to the K a ,1 hoe of 5001.

LAW REPORT.

COURT OF KI .(.'s BENCH, Aram 24.

- - -
The Coon was tttttt •I• crowded tills morning, in con-
sequence of a eenerat XvVelillloll that Mr. Denman
%mild apply to the Court lor a new trial in the case of
the King v. Sir Fancis Burdett.—Sir F. Burden and
Mr. Hohliouse were pre.t nt.
Mr.Deismati two ed for a rule to show cause wily the
verdict in this trial should not be set aside, and a men
trial granted. Ile slate% that he Muth* tuts apvliCatigo
on three grounds—First. that their. was no esidence
to
_ea to the. Jury of any te...tatteation o. the letter ut the
L
terrupt the unatuntity the 11.1;:: ought to I 'l'p-o'n.. the otza►iott.
The Magni, of I.t N I N im expr.eil a ',midst'
I.ord HOLLAND did not wish to IDITOtc the Addres., hilt
would not pledge Wawa by Lib Volt; to ray any compliment u