The Sun.
London, England, 1833-12-02 00:00:00

JAMES FLOWER.

The trial of this indictment having been fixed to take
place in this Court this morning, the utmost interest was
excited by a vast number of persons to bear it. At nine
o'clock the Court began to fill, and by half past nine
o'clock, whenAhe Lord Chief Justice took his seat on the
Bench, every avenue and all parts of the C..urt were
completely filled. We observed the Earl of Ripon, and
several other persons of distinction were accommodated
with seats on the Bench. . .

The Jury were then called. Only a few Special
Jurymen attended. The pannel was made up by Common
Jurymen.
Mr. JUSTICE opened the pleadings by stating the nature
of the offence against the defendants, and their plea of
Not Guilty.
The SOLICITOR-GENERAL then stated the circum-
stances of the case at great length, and apparently much
afficted. He lamented the very painful duty that was cast
upon him of leading the case for the prosecution. The
first named defendant was a gentleman, who must
be known to every person on the jury. He was a member
of one of the most respectable families of this country, a
Member of the Legislature, and possessed of high literary
attainments, and, in fact, up to the period when this
charge was made, was the delight of all who possesse I his
acquaintance. The other defendant was a private in the
Guards, and who had doubtless possessed an exemplary
character up to this period. The Learned Counsel then
ohserved that it now depended upon the verdict of the
jury whether the defendants should be able to retain
those characters, or be for ever driven from society. He
could have wished that the jury bad been spared this trial,
but it was deemed necessary by the parish officers of St.
Margaret's, in order to prevent a failure of justice, to
brink lie case before the jury. It was his most earnest
and sincere wish that the jury should return a verdict
honourably acquitting the defendants, but he had a high
duty to perform. The defendants were charged with
an offence which was revolting to human nature, and it
was his duty, however painful, to lay before the
jury a statement of facts, which he was instructed
he should be able to prove. The Learned Solicitor-
General then detailed the facts as they were to be proved
by evidence. When he came to the evidence of the
witness Parker, which he was about to read in conse-
quence of that person being in America, he said that he
did not impute to Mr. Bankes any knowledge of the in-
tention of that person to leave England.
The LORD CHIEF JUSTICE here interposed, and said he
was not aware that he was at liberty to allow the depo_
sition of that witness to be read.
Sir J. SCARLETT for Mr. Bankes, hoped his Lordship
would allow it to be read in consequence of the insinua-
tions in tl.e newspapers, that Mr. Bankes was privy to
Parker's departure, when in fact Parker had some time
previously arranged to go abroad.
His LORDSHIP, on finding that the deposition had been
taken and read over in Mr. Bankes's presence, allowed it
to be read.

The Sowcrroa-GENERAT, then read it, and having
finished his observations, called the following witnesses.
James Smith morn and examined lay Mr. Wm
LIAMSI am a watchman, under the Dean and Chapter.
Have been so (or eight years and better. The usual time
of going on duty was nine o'clock. My usual route was
round from the west corner to the green inside the Abbey-
yard. Walked round the ereen trying the doors round
by the railing to Poet's Corner, and returned back the
same way 1 came out. On the evening of the 6th of
June, went on duty at nine o'clock that night. Had
seen Mr. Carter or Mrs. Carter, I can't tell which who
delivered me the key of the north gate, and then entered
the church-yard at the North entrance to the green.
The green is inside the railings belonging to the abbey.
When I first entered I observed no one. I was in plain
clothes. Sly great coat was left on, as it was a warm
evening, and I had an oilskin hat on. About half an hour
after I had been one round, I came batik and entered
the green between Henry the Vllth.'a Chapel and St.
Margaret's Ve,try, going westward until I came to the
corner of the church, anal then observed a soldier and a
gentleman in private clothes standing against my gate
(North gate), ra hen I went into the green. They were
discoursing. They were from 50 to 60 yards from me
when I first observed them. I stood loolorg at them from
the corner a little while, and then
passed, leaving them
on my left to the centre of the yard. The nearest I was

to them was 30 yards. I did not stop till I go; to rt e
west end of the churchyard against the railing. I halt d
there for a second or two, and then looked round, an
saw them still discoursing. I did not stand there above
a minute, and observed nothing but their discoursing,
and then stw them separate. Tie ;gentleman went across
towards St. Margaret's Church. I know a certain place
against the church, and the gentleman went in there. Part of
the tower projects from the Church, and that place was
in the corner of the tower. The soldier went out at
a ga•e, opposite the Sessions-house, at the middle gate.
He then took the right to the eastward, towards the
pump. I watched him down, and he turned round by
the pump by another into the church-yard, round by the
steeple to the place where the geneeman went into. I
the❑ went to the middle of the church-yard, not having
seen the gentleman come out. I stood there a couple of
minutes looking at the soldier's back. I could not then
see the gentleman. There was then a person coming

across the church-yard to where I was standing. I stopped
that person, but had never spoken to him before. I after-
wards learned his name to be W. Parker. I told him to
wait while I went for a policeman, and he did so. I went
to get a policeman from the House of Commons door, named
Horne, but could not get him. He was on duty. I came back
again to the centre of the churchyard, leaving a message
for Horne; I found Parker standing where I left him ; I
Saw the soldier still in the fiat- place, but could only see
his back ; I could see no one else ; I had some converse-.
tion with Parker, and desired him to find a policeman
while I remained there. Parker went out at the gate
leading towards Tothill_street, the nearest to the Abbey ;
Parker afterwards returned with a policeman. I was
still standing there ; I directed the policeman to go round
the church ; lie was in his police dress ; I told him what
I had seen ; Parker was not above a minute or two in
bringing him ; no one had come out of the place at that
time. The policeman went to the right towards the
railings of the abbey; I followed down the centre straight
down to the place ; the policeman went down first, and
I went up to the place under the porch of the church ;
when he got there I was four or five yards from him ;
when the policeman got up to the place be looked over
the upright stone which confined the place ; it was about
five feet high; the policeman spoke first, but I could not
hear what he said. I went up to the place, and then the
soldier was being brought out by the policeman. The
policeman then directed me to bring the gentleman ; the
soldier's trousers were down, and when he got out he drew
them up in a great hurry. The soldier's back was then to
the policeman. The gentleman was then just making a
move to come out. I observed nothing with respect to
the gentleman. The latter first spoke to me, and said he
had done nothing ; he had merely gone in for a certain
purpose; I said he had been long enough to accomplish
that several times. He repeated his first observation ; and
I took hold of him to follow the soldier and policeman to
the station-house ; the gentleman put his hands up and
begged of me to let him go, as he had done nothing; I said
I could not, but would not hurt him. I never knew
hire before. At the station-house the superintendent was
there. I heard nothing pass i❑ his presence; but the re.
gular inspector, Grosswith, was sent for. He arrived about
ten o'clock. When the soldier was searched (after the
inspector came) three of his braces that buckled together
were found to be undone.
Cross-examined by Sir JAMES SCARLETT—I heard the
clock strike half-past nine before I saw the defendants.
When I first saw them they could have seen me if they
had turned round, but I don't suppose they did. I never
said I supposed they noticed me watching them, and that
then they separated ; I am positive I never said I believed
they did. If I bad said so it would not be true. The
entrance from the east to the west gates is open day and
night, but it is not very much frequented. There is
another path from the north side of the church-yard,
leading also west and east, and that is a public way.
ALny workmen pass at that time of night through the
church-yard. It is lighted with gas. Per-ons frequently
make a short cut from the west end towards the middle
gate to go to King-street. Members of Parliament living
about the new part of the town, coming to the Houses
would come along by the railings. It was a gloomy night,
but not quite dark. There is a watch. box in the church
yard belonging to a private watchman, but he does not
come on duty until ten o'clock. There is a high gaslight
over the porch of the church, about six yards from where
the defendants were taken. There are three gaslights,
but only two that were perceivable on that side. Ido
not know by what entrance the gentleman came into the
church yard. We arrived at the station-house about a
quarter before tm o'clock. I did not hear the three
quarters strike. It only took us three or four minutes,
to go there. A good many people collected as we went
along, but there were only a few in the church yard when
we took them. There was a great crowd also the next
morning, when we went before the Magistrates. The
policeman got up to the place against the church a minute,
as near as could be, before me; I got up there the
third. The gentleman could not have got out before the
soldier bad drawn back. I did not see the gentle-
man do any thing to his dress at the place, or when
lie came out ; his cloak was thrown open, and
he closed it ; I looked at his dress, and if there had been
any thing particular, I suppose I must have seen it. We
were a quarter of an hour at the station-house before the
inspector came, and during that time I did not hear the
defendants speak to each other; they stood at a
distance. The dresses of the defendants were exa-
mined before the charge was taken. There was some-
thing said of a difficulty about the gentleman's braces.
I don't know the name of the policeman who was at the
door of the House of Commons. I did not ask him to
come, as he was on duty, and alone. When I spoke to
him I crossed over to him. I saw the soldier's dress, but
saw no other part undone than was necessary for him to
perform what Nature required. When I took hold of 'Mr.
Banker, he said lie would go quietly anywhere I pleased.
The charge was entered in a book. The inspector spoke
to the defendants, but I did not bear what it was. They
were locked up in sep irate rooms.
Cross-examined by Mr. KELLY for the defendant
Flower—From the centre of the church-yard I could
distinctly see the place in the corner of the church. There
was a watch-box opposite the corner of the church, and
by that corner there is a gas-light, and there is another
light over the porch. The corner of the porch is about
20 yards from the watch-box, and in that 20 yards are
the two gas lights. The nearest gas light over the porch
to the place where the defendants were found, was half a
dozen yards off.
Re-examined.—During the whole of the time that was
occupied in the church-yard, I saw some persons pass
through.
Mr. Henry Hunt, a surveyor, produced plans of the
church-yard, which be had made and measured, and
which he stated were correct. Flom the door of the

House of -Commons to the shed in College-green was
400 feet ; from the west gate of the Abbey, round the
churchyard to the place where the defendants were found
was 320 feet. That was the track the last witness stated
he had gone. (Copies of the plans were handed to the
Jury.) From the shed direct to the place was about 180
feet. He knew Mr. Bankes's residence, rehich was about
320 feet from the principal door of tbe House of Com-
mons ; that was takiog the path wross the swept crossing.
By the more direct way, it was hut 260 feet, and in a
straight line. He also took dimensions of the place where
defendants were found, between the limits of the Tower
and the screen stone. The whole height of the screen
stone was five feet one inch, the width of the stone three
feet five inches. There was but one sink in the place,
the Tower was a double plinth. At the lower part it is
but one foot five inches, by which a person could enter
the place. Higher up part it was one foot nine inches,
and at the top it was two feet one inch from the Tower.
That was the only entrance.
John Edwards swor•o—l am policeman, No. 21, divi-
sion A. I have r.,een years and three months,
ever since the new police was established. On the 6th
June, between 9 and 10 at night, I was on duty in Tothill-
street. 'While there, Parker came to me and said the
watchman in the church-yard wanted me. I was then
at the end of Fiudyer-street. I went to the church-yard
with Parker, and I saw the first witness about the centre
of the church•yard. Smith told me that a gentle-
man and a soldier were in the little place. I im-
mediately went down to the side of the rails of the abbey,
to the ridit, I passed the porch of the church, and then
erased from the abbey to the church, and so on towards
the little place. I then saw the soldiet's back towards the
burying-ground. I at first only saw the soldier, who stood
in front. On looking over the screen stone I saw
the other person standing with his hack towards the wall
of the church. They were face to face. I asked what
they were doing there, and one of them answered they hail
merely come there for a certain purpose. the soldier
immediately turned lila face to the sink to adjust his dress.
When the soldier came out, I observed his dress
ordered. I took the soldier to the static M-house, anti
rnith took the gentleman. On the road ihe soldier fas-
tened up his trousers. At the station-house I spoke to
the sergeant and the inspector was sent for. The defen-
dants were then in the same room, but at different sides of the
room. Grosso:6th, the inspector, came, and the defendants
were charged. lsearched the soldier, and found hi,a t;;•aces
in front undone. The gentleman was al•o deaccherl. The
inspector told him if he bad anything he had better leave it.
He took out a purse in which be said there was a sovereign
at one end and is. 6d, or ss. 6d. in the other. On a, arGhing