The Sun.
London, England, 1803-02-10 00:00:00

eteetereeebetethe very cern ellent
cheraderwhich, had been given- to the ,Prisoner
by',Seeleeetelted persons, was taken into considera,„
tion. He then adeeteei to the ciao of the Gun_
powder Piet, in -wh;eli he said many persons had
fallen consequence of the prejedices
which had- prevailed against then •z . and he trusted,
that no- peeludiee should - be .euff.ered to, opeeete
again,,t Ids unfottenate Client,: He concluded-with
expressing his confident hope, that upon, tt,
impartial view of the case, the. Jury, would be in,
duced to acquit the Prisoner.,
,The LORD CHI El, JUSTICE, then asked the Pri_
soner if he wished to make any observations in ad.
dition to those which hid been made by his`Coensel.
Despard replied, that he was.perfedly eatis_
fled with the exertions which his,Counsel had made
ftitehine, and therefore he would not trouble the.
Court with any observatiopse
she Sot,tcvrox GENERA!. then rose, in reply,
we lereeneefrom the greet. length'of the Trial, that
we can only give a short outline ofhis Speech : he
said, that in making the observations which his
Choy as one of the counsel for the Crown, dulled for
item him, he felt considerable anxiety, becapse he
had to deliver his sentiments in a COurt, and upon
a ;Übjea in which he had not much experience,--
ueis impressed with
,the strongest feelings of the
importance of :the present case, but he felt great
consolation in the discharge of his duty, whewhe
refleded, that he wesaddressing a careful, attentive,
and,' intelligent Jury, under the diredion of a Court
whiclt vvas pettedly able to give them every infor.
merlon that was requisite; would make every obser-
vation which the nature of the case required, and
wtio would supply all the defels that might appear
frcim the Bar on either side. He would now pro.
teed to make a few observations on what had fallen
from the Learned Gentlemen on the other side, and
they
:ehould be as tcw as the importance of the case
would admit, This Triel, although it had occu.
pied a great deal of time in the discussion, yet, as
it ,aprarcd tohim, involved no very intricate ques.
tion of Law,• nor contained any difficulty with re-
sped to the inference, which was to be drawn in
point,of fad. The Charge in the Indictment against
the Prisoner was, that of cotnpassing, imagining,
and intending the deeth of tic King ; or of seizing,
detaining, -and imprisoning ehe.person of the King,
or of deposing him from his ThrpEle and Dignity. 1y
a law' which had passed some time ago,- any at for
the furtherance. of these purposes, was declared to
be, a substantive at of `,['reason, and when the Jury
applied the evitience.whieb had been, given to the
law which had been laid•down (subject to the core
edition of the Learned; Bench),..it would; he appre-
hended, be their duty, painful as the discharge Of
that duel' might be, to proeourice the Prisoner Guilty.
He then proceeded to comment upen the degree of
evidence which the law required to prove an Overt,
ad of Treasoti, which he explained in a very clear
and distirid menner. The Learned Serjeane (Bette),
had quoted it passage-, from, Montesquieu, to prove
that words in themselves mulct not amount to an eft
Ofjeeesepe bute in answer ro this, he .would qeote
what, indthieopieloo, waerenuch, more .satisfactory
dodrine to be laid down in an English, Court of
jit'etiee,,trneV wascortainly rrnich,better autho-
rity, th,in tho,N-"eculatiyeEthism of a Foreign. Writer.
He alluded, to the languai;e ;of Lord Hoele,upeou
trial,. in, some respeets similar to the present,
:Abe, Assassinatipn Plot .;y-,tinst. the-life:of
3,;;j Jpoo, , that trial, that Learned
ledge was oNic.i and_aisi6ied by either veoerableand
learreel, Judges, , who concArred entirely in
the opiiiion lie had leid down, vii.e7thei words in.
thetridelses,, tviien not specifically applied to any,
ppttleolee-objcitt, could, not 'amount,.to TI.C4SOrI
brit that Ivprds of persuasion, .or .of incitement to
whet peisene, to contetit:eAs of Treason oreßebeh.
lion, were c).l:l7reastm.4`...
(lo4rine hod iwen:,voilbrmly'reeognized and
atted Upon since that time, are.l leidebeen.distindly
neogpizcele and quoted by. that . great. authority;
ly4. Justice li'oseette; He:then proceeded to,make
aeme ebseteetioes,in ,reply to the objedions which
had been made to ,the Evidence. of Accomplices,
anchetoetheeeeteittiont that they were ;not entitled
tio belief, •e He Ceeteeded .that,. the .Witness, Emb.
lioe.,..ceuld.reot,pi'operitebe considered iia the:light;
(feel" Acepenplice.' 4 He might, 'it was true, :,be
deeteed a :week .and 'imprudent man for attending
'spat: meetiogs, ;but it did riot eppeat that tic e took
sharte,,in ,their proceedings. " The Learned
(loth:man then read the evidence which had'been
siven by the.; ,'Wititess.Emblio; and contended that.
et proved incontestibly, thatehe Prisoner not: Only
attehtlette..lett waseielive, :vela the meetinge, • lie
then recaeitteated the evidence• of the other Wit.
nteeees,, tele) had positively 'sworn 'to various kb of
I.'reaspit.c:, the pact of the. Prisoner, and observed,
that theu evidcrice • had been corroborated. in Many
material paints, 'by .Witeeeses:toewhose. testimony
ileee wee sot the slightest.objeditin. He relied
r upon one; 'sentence:: which had been ute

the Prisprcr, and which had ,been,proNieflbe.,
yopo, y a doubt, viz..“ that his-titind
tr4,(4,1:,1,p th,it, 1,-art wrA callous." This

only swain' to by the heeoni....
h4t.ihey Verft cyrifitiviNt by thz, Landlady Of
y inrf.e pulit it -itolu,r, lV ho. Otehired tha t
itt: u as *l,l tin.: bat, a1'.13 iledett lite )4tisauer use that
then advertcd to the, arguments
tipi)tv iliel.;iiinikthility of the
'ease! The Counsel with the
l'rrscne.r, had oontrtaedtir4t the..whole Of the,story,
vosf.;;ll.,py;otln t , arttia:Y.AtA)re imprObable. He.de-
iehire4l 11,.;ii:heisit,04thivrtithjeti in a very different
0:; h:.cattal4llol.lgli tht Carmpiracy might
arid dispassionate- "
ly tie tSit):,;Q4 ; 4 y:e r r there wits nothing
eittr,:tvitgAnt the which the Pri:sOnets'
of ,tim that they thc,lllll he able to
Ct i t ;old : rt:„"4'y Tim! Ivan
qbje4i, Anil :in. ;that thslk:, hitalitrOng COllittietted
WCI.I CliS,loloi'lttett in their ex.
rt:,:ttny' a eirturnstance for.,
tglqte fo,t. 4. hut eritertitting, 4;,fts they
the:rev of their plan %vas reason..
For enie.iel- their ohjetws was to take
14'-'4t,x;ion of the Bankrnow this could •ha ye been
tipiie 'tfie-.:Arpny bad been corrtipted.
Ar.otilsr objet,was;lo take posse sign of the over;
roold be 'eery 11-ritairable .if the Army
bid ,b4,:0 v:d4ccd, They Lad determined to • coo. a

summate their wickedness by the che,ti-esqion ~r
rut beloved Sovereign, which -datestible purpose
might also li<tve beco effeded if the Army had
been corrupted., ,'entertaining, therefore, as they,
the' hope that ehey'llenld be able,to corrupt.
the Arius Jtheir plep was bypo means so ex teaya.
Lf .
gent as I,lo,ifT.,Stated. I 117 ;e9ralogance, t,here-
tore,ew`Aiicei pppeseted .in Ces'espireley was only
egatece elfpo,n this subjed
the, Learned dentls;:ean. expatiated for some time
With great 'abilityeand eloquence. Some reliance
had been placed by the Counsel for the Prisoner, on
thochareeter which,had been given to him by seve.
rat distinguished
,persona. It appeared, certainly,
that at one time the Pdsoner hie' obtained a very
high reputation 'and dander, liut 'the Jury must
perceive, that it was of much too ancient a date to
have any weight upon this Case. Viewing the
Case as he did, he had no doubt btit that the Jury
would find the evidence irresistible,. and that they
would be under the necessity of pronouncing the
Prisoner guilty. At all events, he was sure that
their verdid would be such a one as would give
satisfaction to themselves and their }Country.
The Evidence and the arguments on both sides
being closed,
The Lotto CHI r JUSTIC R proceeded to sum up
the Evidence, and to deliver his Charge to the
jury.—The Charge was ofconsiderable length, and
was delivered with great ability; but for the reason
we. before stated, we can only give an impeded
sketch of it. His Lordship began by 'observing,
that the addresses of the Learned Counsel, and the
Evidence on both sides being closed, it now re.
mained for him to discharge his duty, which was,
to recapitulate the Evidence to the Jury, and to
make such ;observations upon it as appeared to, him
to be neceikaty, which he should do as faithfully,
es correctly,` and at the same time as shortly, as he
Could. The Prisoner et the Bar stood indieted for
the crime of High Treason.—There were, accord-
ing to the Law of this Country, tlifferent,species of
the crime of Treason.—The Statute of the 25th
of Edward 111. was decfaratory of the Common
Law upon this ,subjed. There were two other
species of Treason, enaded by a late Ad ,of
liament ; whether the offences specified in that 'Ad
were' or were not Ireasoe before it passed, it was
not now *necessary to discuss ; certainly, they
Were always. so considered: But by the Ad
of the 361114. present Majesty, conspiring' or
egreeing to depose the King, or to restrain or impri-
son his person, or to-deprive him 9f his kingly name
and dignity, were declared to be High Treason. The
first charge advanced against the Prisoner in this
ind.idment, wee. ehat of compassing and imagining
the King's death,` and upon these points there were
eight distind.Overteads charged ; it Was unneces-
eery for him to do,nore than to state the substapes
of them. They were applicable to the' three' dif-
ferent heads of charge to which he had befere alluded,
'viz. Ist, that upon the ancient Smote for coin.
'passing and, imagining the King's death ; zd, the
imprisonment or restraint of bis person; and, 3d,
the conspiring,to deTose kris Majesty from his royal
state and digoity. .f he offence, charged was what
Wes the purpose of the mind and imagination of the
accused patty
,to accomplish, and the Overt ads.
;Overt in evidence to prove such intention were, the
!different meetings and consultations of -the accused
'persons in order to esfed the yurpose of their minds.
The seducipg of Soldieis, specifically named in the
indidmeot, endsnany others, end the_ administering
of unlaWful paths to bind th6ll to the. execution of
;their purpescs, to ,keep them secrer;. Those
Turpoes were,. is had been eireisdy, steted, to de.
steer the King,. to take possessionof the .Banle and
of the Tower, to stop thoMail.coaches,
.asse
to the people its the country of the proceedregS
which ~had taken place, in the hopes
.that they
would take. the Merin' and rise.. In addition to the
()Ned of, either destroying or restraining the per-
son of the' King, it was` also propoeed to surround
the two Houees of Parliament. lt would be ne;
ceesaey, his Lordship said, before he proceeded to
recapitulate the evidence to the juey, to make a
few abiervations upon whal had beeosaid' upon the
subjed.of words being considered as ;mounting to
Treason. It had been contended by ,the Learned
gentlemen of Counsel with the Prisoner, that word's
could not constitute the crime Of Treason. -Now
if it was merely meant thin wards were Oseleaand
inapplicable to any purpohe that jedicated 'any par,
tictilar design, they. certainly could not be held 'to
be High Treason. 1,44. words'
,uttered. with a de-
sign to persuade,.or Incite Others to cot minit Tree-
sto, or to concur in en ad of. Treason' were one
doubtedly .in themselves Overt-ads cif) Treason.
There could be no doubt bet thetewhen'a consulta-
tion was iteld for the purpose of devieing means to
commit Treasons words used at such a consultation,,
with a view to perseade persons 'to engage in it,
were 9vert-eds of Treason.. This was a doetrine
which, .since time ,of the decision. ,which' had
been quereilby the SotICIT4tt.GEz E et.,had never.
been doesbted, and was confident never would be
doubted.s. Another point which had been settingly
urged by the Counsel for the Prisoner was, that .the
Jury ought not to attend , to the'evitieoce of an ac.,
compute.Thil eras certainly, in soine instences,
matter of very delicate consideration. That an
accomplice was a. competent Witness, was a pro-
positson titan could not be doubted, .and that. he
might, ie, many instances, be it .eredible. Witness,
was also. clear ; for Wan itc9mplice,,was not a COM
petent Witness, or
,if he Was to' be , always cons
sidered ,as unworthy of credit, it would be useless
to eseamine, him at all. The. evidence of accom.
pikes was, therefore, always received with great
caution .and consideration. , In this case some .'of
the Witnesses were certainly to a .certain extent
ittilied, hut not all in an eve! degree. Some things
might be imputed to some of the Witnesses, which.
cats fitly co old not be impoied to others; but even
those who, were liztble to the greatest objedion on ac_
count of their charader, might be confirmed in many
things; hysisther Witnesses,,and might even deserve
credit for .titirsgs which they stated', treat the eleareess
and consistency of their own nartertion, brit still more
so, when they were-confirmed othertewho were,
not, linked Nish. them in the Conspiracy, 'and also
.by a varietYpf external circumstances, If it was
teue„that,Attotopliees were in no cases to be deemed
wortbyeiCeredite,then that whiele Lord Holt loci
stated, would certainly be theconsesUencei

that Treasbnable Conspiracies Could nevel. tee .de:
becouse it was perfeelly crear that -nonperson
could give evidenCe of the circumstance 'of ,a Con.'
spiracy, but those who were acquainted with them ;
And nObody could be 'acquainted-with `tlie circum.
iltances Of the Conspiricy, but those'who met with
the Conspirators, or who heard: the particulars from
the parties concerned.. This was the case of the,
Witness Emblin ; it'was'nor cleat that' he was int.
prlicared in this Conspiracy, though he certainly
heard their consultationS. There was a description
of WitnesSes who could not, with propriety, be
called Accomplices, ,although they might be pre,.
sent at the consultations: For instance-, if per_
sons attended for 'the express purpose of dis.
covering the intentions of the persons who were
Consulting, for the express purpose perhaps, of check-
ing and frustrating them ; they might be witnesses
of-the fad without partaking of the guilt, at least
in the case of Treascin.- Such,' perhaps, might be
the case ofEmblin, or he might originally have had
some guilt/ intentions, and he might have wavered
in his' inientions afterwards,' therefore the term
Accomplice did not belong to him, at least it was
not clear that it did. Certainly he was not without
blaine ; no mind that was very delicate, would have
countenanced crimes so long, dough he afterwards
might haV'e disclosed them. Now having made these
general observations upon the nature of Accomplices,
and having stated' that they might be believed if
their own story was clear and consistent, and espe.
cially if they were confirmed by 'other Witnesses
who were not suspeard; it remained for the Jury
to determine whether • the Witness I mblin Was or
was not to be believed in what he had stated. His
Lordship then proceeded to recapitulate the evidenceo
which had been given, .Tri commenting upon the
evidence of the Witness Francis, his Lordship said,
that the. paper was found in the room containing
the Declaration and 'the Oath which had already'
been alluded to, and it was' for the 'jury to 'consi-
der on the evidencewhich they had heard, whether
the Prisoner was or was not co-operative 'in the
deaigns of the other persons who met at these con-
sultations for the purposes already mentioned, and
which were charged as Overt-ads in the Inditimenr.
That this Oath was, at all events, most dangerous
and mischievous was most certain. The words of
it were these: •
In the presence of Aimiehty God, T, A. B. do solemnly
declare, that I will endeavour to the best in my power to.
obtain the obleas of this Uoion, viz. to recover those Rights-
whieh the Supreme Being in his infinite Bounty has given
to all men ; that ncifher 11003 nor fears, rewards nor punish-
ments, shall. induce me to me information directly or inoi,
reetly, concerning the business of any Member of this or any,
other suatilar Society, so help me God:"
The Declaration which the Oath alluded 'to was
this :

.Constitution.—The independance of Great Britain and
Irelahrl-'an equalization of Civil,' Political, and Religious
Rights—an • ample proVition ter the families of those heroes
who shall fall in the contest, a liberal reward fordistin.,
tinguished merit; these are the objeCts for which we con.
tend, to obtain these objects we swear to be united.". •
•
What those civil; Religious, and Political Rights
Were, which they considered such as must at 01
events be obtained, they had ifot specified; per.
haps they were such as had been attempted' to be
obtained in another Country. With reaped to' the
ff heroes who , might fall in the contest," it was,
difficult .to suppose hoW persons could fall in 'a
contest to obtain Civil and Religious Rights, unless
it was intended to use force to obtain them. This
04th and Declaration were therefore'eertailq or a
dantierous and mischievons complexion, even if tal.teii
ahstrgiedly ; they were connead with
other gts, tbey might serve to explain the inten..
don Of the persons who formed these consultations.,
Their intention, as declared at sonic the meet-.
ings was, to' take or -destroy the person. of ,the King, 'Phis was positively sworn to by, some of
the \Vitnessei, againit• whose testimony no itnpu-
taiion wOulti lie, and Whn'also stated that the Pri..
stiller was of eof the Conspiraeofs; That he was
seen, in their coMpany at various times and places was
most clear, and that a paper was fotintl in the room
cootaining this`Oaih and Declaration was also true.;
though the paPer certainly was not fiurn.l upon
the person of the Pri:amer.. lint if the Ptisoner was
there when other persons eonsultin.g and tni.ng
upon these ..ilbjetts, it wa for hini to stew that he
tvas there for any purpose diffe'rent'frOM that which
vit,ns the intention of those 'with* whOrraie was ass°.
4ited, that he. had different views from those which
vVere'imputed to him, It was. for him to Am the
reason 'Why lie came to he present at such
tation, and how he came to be so often it such
places, and in such coMpany ; more particularly,
When it Was considered that at time alltley Arms he
apoearetl.to command the others, and they seemed to
obethim. His 'Lordship then went over the, most
material, parts of the' evidence of. Windsor and Ern-
and,Observed, that if the evidence of either of
these men was trUe, or indeed if the evi,lencei,of the
Landlady, Who sworeito the words used by the'Pri-
soner, was to be relied upon, it wr,n!,l'be, for the
jury :o cdoider whiather the Prisoner' could pos.
• sihly be innocent of the charge imputed to him.
Flaving finished his reeapittilation of the Whole of
the evidence, his. Lordship said, the-facts were now,
all before'.the jury: It was admitted that the Pri.
soner 'was at the places 'epedifled in the Indidimen't ;
'it was admitted' that he was present at these
eonsultatiopi, and it was —proved, that what
was done at these contultationS, amounted to.
the crime of Treason. NOT' he wimild ask,. if
under these 'circurosiances`the Prisoner was mit a
Traitor, who was a TraitOr /4 If, indeet, all the.
Witnesses were persons who ought not to be believed
upon their oaths, then there was an end of the case.
If the Witnesses were- persons who were unworthy
of credit upon their oaths, it was competent to the
Prisoner to have' called Witelesses to shew that such
was their character ; but noattempthad'been Made
to call any evidence of that kind. As to what" he
had said before respeeting the Evidence of Accotn.
plices, hp would only add, that' they must, 'armost
in'all Traitorous Conspiracies, he examined before
the Conspiracy 'could be disclosed. So, much was
this tcit to be the case, that the proof of some'COn.
viracies had rested chiefly, nay almoSt entirely,
non the Evidence of Accomplices. That was the ease
in the trial alluded 'to by the Soklc ITOR.GENtRAL,
&rt the oettions concerned in the Assassination Plot ;
almost all the WitnesSes were Conspirators andcon.
corned in the plot, and yef their evidence svi;
dived and believed. But lbw wet* Wittitsitts

!, examined in this case who were not Accomglev:
Several persons who were standing in the Pofeli:.
houses, proved tithe Prisoner to be present : tlir
I,andlady of the .Flying Horse had gone latt!sie..
for ,she provellethe,langteige which the Prisoner
had: made 'wee:l6llnd this was a most material cou..
firmation. As to.the ,witness Embliti, it eligetev
said that he didruot possess quite so much delica9y',as
some men; but he 'did- not see that.his evideneelvai
therefore wholly, unworthy of credit. There were
in some of the evidence some slips, but ,they.were
confirmed. in :almost every material poiet. was
said that a man of the education and rank of the Pri•
loner, could not with any probability enter elte
such a plot With.sitelypersons as those who were
accused with 'him ; but then they ought. to hake
shewn how it was that a person of the rank and
situation of the Prisoner, happened to be sooften
in
company with those persons, and for whaepurpose
it was that he associated with them. If he.wes
a partaker in the Conspiracy which was proved ae!'
admitted to exist, for what purpose did he meet th'
Conspirators What possible end could he .propoA
-to himself in 'constantly attending their consulta-
tions 1 Had the Prisoner she wn, or had he a ttemlned
to eliew. that he attended there for any innocent per-
pose ? Had he, offered .any evidence to shew 1110
he had endeavoured to dissuade; the Conspirators
from their purpose ?—None. If then the PfliQnAer
was found in' these suspicious circuMetancess 21—
had given no evidence to explain his condeal it
mained for the Jury to draw their own infeteeee..
With regard to the character which had been giwi
to the Prisoner,-it appeared that he at one time 411"
joyed as good a -charatter as a man could NT
ord Nelson (on whom it would be waste of wortis
to attempt any .eulogium), had given him one 01
best of characters, as well as General Clarke, end '''r
Nepean. But theevidence of these lionOurable Peri:
ions had no relation whatever to the.4tter. Put
the life of the Prisoner. This was the whole of tt')
evidence on both sides. If the Jury believed the
evidence for the Prosecution, they had proved ,ai4lg,
case. It was,- however, fur the Jury to say what
Credit they would give to the witnesses ; and, a
they
they had any doubt, would take into cooside.
;
ration the very excellent character which bad been
given to the Prisoner. If,. however, the witile'se'i,
for the Prosecution were tszt be believed,
he saw
n°
which a doubt, either in law or fact,
could rest.

The Jury then withdrew, and in about foil
minutes returned with a verdia of—GU/LTV'
The Foreman of the. Jury then said, MY Urmir
we earnestly recommend the Prisoner to MercYo4;4,
account of the high testimonials of his former g
condo 1, services, and charaaer."
The Court- then adjourned at three o'cipc4 to.;
morning.

Day--Itte.ineid.l.,y, F. 9.
Ai nine o'clock this morning, all the rernaioint
Prisoners, twelve in number, were put viol t-
heir
lr
Trial, which continued till half past six the fo
lowing (this) morning, when, alter the Charge 13f
the ChiefTlU;tice, the Jury retired, and deliberated
till eight o'clock, when they appcared,,iu COO
and .returntid the following VerdiEt :
John Wood.-Curly.
Thomas 3rot4liton—Oztiv.
John Franci—C.zdky.'
fitiomas Newrnin.:Gori/r, recommended to, 74'10!
Daniel Tyndall-4WD,, .recommended to Meld`'
lames Sediovick y.
Wnlutrn Lander—Gmiky, recommended to.Nferc77
Arthur (;ratun--(;kti:),. • • •••‘
tamizel Sthith—N4 " • *
ohn ' •
ThOmas No toik
ohp Doyle—,V.4 Gailify. • '‘
. Sentence of Death was pronounced on all wh4
were found guilty, Edward Mara:, vt.ipard it'"
cki4cd ; after. which the Commission ended.
(We.shaltgivnthaPAc =dins on the abovo Trial, in 00
PAO: of T.o7tnotrow:j