The Sun.
London, England, 1817-06-18 00:00:00

Deciii, in Kent

I. Iflllly Teal thou, kipooiti Net iti
1)(11%11Si 5h011,14 Ltiltir kendf Or ttteYteatlie,
" (Cl go to no ti4rhotir, tils,l the iti„ tif
" suet) erase! Olgree With the boat.; ereot
coocertring sect) job. 110 other iYout's erew
Deol is IQ itterstleaalf with it at all ! t"

7'111.41, DEMMES WATSON,

(CONCLUDED.)

FIFTH DAY cuntinued.*-TITURSDAY, JUNE 12.
ZACC 11 ELI 5 BANNISTER examined by Mr. ATTORNEY

GENERAL.
In December last I lived in Hyde-street; Bloomsbury; I
know Mr. Watson, the prisoner at the bar, he took my (rent
shop for his son; there masa key .to-•
.the shop door, and a
brick trey to the street door; 'Watson and his son caine'there
together sometimes; I believe young Watson slept there, but
I never saw the inside of the shop, so I- can't tell; Vickery
the Officer came to my house in the month of December, I
believe on Thursday the ath ; I was with Vickery when he
-'inade the search, and there were several other. ,persons en-
tered the rooms e I saw them overturn every thing in the
room,. and take away a great quantity of papers; Vickery
forced the door; it was lacked, and I had not the key; I be-
lieve Mr. Watson, jun. used to keep the key.---(The witness
was shewn a key which he said was like it.)--Worrall opened
sup street door with a latch key.
• Mr. WETHERALL heie submitted, whether papers taken
after the arrest of the party was legal evidence
• •COURT..--4Vhen we come to that we'll decide.
► The witness proceeded.--I remember Vickery coming again
'about the Gth of March; hi was there several times. A privy
of my holise was munched in March. I was present when it.
'Was emptied, and some iron spikes were found.
Mu. \CETI-Ie:KAU suggested the same objection, which
be w.is before about to urge against the production of papers
found so long after the apprehension of the party.
couRT to witness.—Were any spikes put into your house
before ?—A. Not to my knowledge.
Mr. WETHERALL.—And I understand the witness to
bare said, nothing was found at his .house, pea the ath or
Nth of March.
COURT.—When was the last time the Watsons were
there It was about the 18th of November that I saw
either of them there fur the last time.
"• Mr. WETHERALI, now repeated his objection to the
admissibility of the production of the spikes, as evidence
against the prisoner. The law was, that papers found after
arrest could nut he' produced against a prisoner, because they
Might haye been fabricated and placed in a particular
sitna-
tiun, for the particular purpose. The objection was taken
at Mr. Hardy% trial, as appeared at p. 12:. of Vol. 11. of
Edition, where the Attorney.Gencral offered to prove
• a paper found en Martin and Thelwall after the apprehension
esf Hardy, and the objection was allowed, though he said he
thould prove it existed preriouily. Now the alledged place
of (hiding these spikes was the lodging of the son, and not of
the father. • It might be said, 'there was esidence that some
person tool ordered such spikes, but this 'was begging the
WilOk question. He was ready to allow, that if any evidence
could bring home that Watson, the prisoner, previously or-
dered them, lie could not maintain his objection; and though
something had'heen said of the money coining front him, no-
thing precise was attempted to beset up on the subject.
• The LORD CHIEF JUSTICE quoted a case on the Nor-
thern Circuit, of plate found after a prisoner had been in
• prison, in s place near which the prisoner was proved to
bare been, and which led to the conviction of the party.
• The objection was over-ruled by the Court, and the witness
proceeded.
I had never seen the spikes before I saw them taken from
the prisoner.

Crow examined by Mr. Serjeant COPLEY.
The shop key is atommon kind of key; the street door key
is a latch key. The privy was in the yard; there are several
• perstaiS 10 different parts of the house, and the privy is
common to the whole house. They go into the yard from a
passage from the street; the shop dooravas on one side of the
passage. 140 not know that either father or son slept there;
they were sometimes there at night ; there were drugs in the
shop, and the son was a surgeon and apothecary. It was a
fortnight. before the 2d of December when I saw the Wat-
ions there last.
lieexarnined by Mr. ATTOENEY•GENERAL.
I bad no access to the shop after the last time I saw the
"Watson& there, and before Vickery came.
In answer to questions by Mr. Justice Aavotr, witness
said,
There were shutters to the shop window, which were usu-
ally opened by Mr. Watson, jun. they were not opened dur-
ing the fortnight before the 24 of December. Before then
the shutters were partly taken down every day beside Sunday;
nobody but themselves had access to the shop.
John l'irkely erominod . by Mr. • ArropitY-GR-
. NERAL.
I am one of the Police Officers belonging to now,street,
On the Nil of December I went to Mr. bannister's, No. 30,
Hyde street, liluourstmry, into the shop belonging to young
• Nation; the key of the shop could not be found, and 1 forced
the dour. I searched the shop, and found some papers. The
shop was newly fitted with furniture, the papers were litters
ad oboot the, room; I mai ked them.--(Papers were shown to
witncss.)—These papers I found in that shop. I went at
ether times to, make search there, and on the 6th of March
saw Mr. Bannister. A partial search was made in the Morn•
ing, and at night the privy was cleared iu my presence, and
:quantity of iron spiked at both ends were found. I had
th.2nt asarl&d, and they have been in mypossession ever since,
except two delivered to Mr. Litchfield.— (The witness
produced the spikes, there were about 200 of them. They ap-
reared frotu ten inches to a foot in length, of rough square
iron, about one inob and a half thick in the middle, and ta-
pered-each way.) '
cross • eiconlined by Mr. NVETH BAAL L.
The firstlinit'l went in search was on the sth of Deeember,
and the papers I produce were found there e there were a
groat many papers--a general mass of papers, and these I se-
lected from theut---soMe.were in drawers.
The ATTOItNEY-GENERAI, now proposed to put in the
papers, waili Svai Objected to by Mr. WETHERALL. The
priers, Mr. WETHKRALL contended, stood upon different
groulodu:di-orrt,tba spikes, Ile said the question with regard
to the papers was the precise ,one raised in Mr. Hardy's case,
where papers were rejected, upon the fabrication of which it
se:ls proposed! to charge a distinct overt act of treason.
Lord .ELLENBORGUG 1-1.--Thc nature of these papers has
not bees openeitto. us. They may he connected with young
'Watson, and With him, in connection with the common oh.
j cut, t hey Will be admissible against all. • • • '
tir.AATOIINEY-GENEItAI4.—One of the papers appears
to be a plasm of the Tower, and another a drawing of. a ma-
eVite such as Castles described, to act against the cavalry.
'Aieithier it a eelchlation which' i should say, appears to be of
military force; add another is alist of mimes, which have been
mentioned say being to form a Committee.
' Mr. WETHMIALL.--No witness having connected them
With the prisoner, I repeat my objection,
_ The COLTAT intimated, that two of the papers were ad-
, missiwe,
Seejeant COPLEY.—If the Court think so, I beg-le submit
• that there is adifference with respect to the other two. • .
•Lord'ELLENItOROLIpIi.—Wd will hear you upon them
when they arc offered.
(The first paper was put in, rind described by Mr. Barlow,
the Clerk, as a elan of a machine, with the words 19 inches
on it; and en the back was written William Befoy, No. 3,
Slaughter,street, and Thomas Hose, N 0.3, Slaughter,Street4
Mr. WILiTIIERALL,shewed them, in 171)4, a letter written
by.liin,PluAlwalt to a person not of the Committee, contain-
ing e,rtiiin sump which had been sung at their meeting! ; it
was.nut Teed ved tai evidence.
LeA 'ELLEN iiOHOUGH doubted if the writing in ques-
tinu could be pressed as evidence. The thawing of the ma-
eiliae*w.i4 certainly evidence in itself, hut the endorsement
reis it Willi
' Thu pg.;.,e, said to be a plan of time Tower, it was decided,
coeld be' reeerett. Mr'. Gurney promised that a witness
ahuold-rie furious:4A, to thew that 'the paper in.question re-
lated the Tower.
The next paper produced was merely a string of names.
Mr. WETHIMALL objected to these being received, 'as
they the re niwidentified by any evidence that had been given.
, 100 £LLENI.IOII.QUGH tbunglit if it appeared that these
Were the nature Or a new Government to be established on
'the sahrersion of that now in being, the list Might be re-

Serje4i..t COPLEY, said the name might be applicable
to t o,non po poies,
Lord-TILLFSBOROVGH thought this might be left to the
cousitheration of the Jury. The names were then rend. They
were fof S. Burdett, Thos. Clardy, Sam. Brooks,
(Alt, Erans, _ten. G. G. A. Jones,
3' (oin coristiall -name), Walter Fawkes, Thompson;
P.C.; Waltinnati (no Christian name), 1., I.; Thos. Evans,
'on.; something like S.I. or S. Y. was added to this name.
'rile
next paper was the inscription " Nature, Trtsth, duitice,"
with a drawing of the flag, on the back. A,paper was
thins read, which appear,it to be part of a 'speech. It began
onis and; Feliow it not necessary fortne
state the ohji.et of our ole:iting. this day,,os by One of the te-
c..lotions :At the lost meeting, we wrft adjout ned to this day.
Lurdett; on;iseeount of the illness of hI4 son, refuses
to carry up your Petition to GeorgeGuelph-4*-R. Mr. Hant,
eothavictice, presented it, but no answer fiat been Eiven,
nor we hear Of any tr.tention to ea the

getller." The next Wr” It set of rotestitat itus,et
supposed to have hetu drio.ro np to sotnuit to the ,soldiery.
Mr. WWII LItA I.d. haring requested to see tbiadocument.
dontendod that no eidenee had liven given at all connected
with it, Ills objection, he added, retied on the some grounds
as that which bud been the subject of so much arguimoit in
Mr. Sidney's case.

CluitNF.l' submitted the paper itself was evidence of
a design to seduce the soldiers from their duty. He read
part'of it, which ran thus--
Q. Now long ought soldiers to obey their Commanders?—
So lung as the orders-of their Commanders werejust. .
It went nu to set forth that soldiers were nut mercenaries,
and ought in certain cases to resist those above them.
Mr. WEI'HERALL argued, at great length, that no eri-
Acme bad been given of a design to print thiss.or to circulate
it among the soldiery. nor was this charged on the record,
An unedited paper like this could not he received In evi-
dence.. It came -.precisely Within the rules of Mr. Sidney's
case.

Mr. Serjeant COPLEY followed to the ssmc effect-. The
papers produced ag-ai nit Mr. Sidney, consisted of a Treatise
on Republican Principles which were therein enforced. The
paper now produced was on another subject, and one which
any subject had a right to canvass and discuss. Ile did not
say he had u right to circulate the result of his inquiries,-but i
every one bad a right to discuss such questions n Isis own
closet. The facts were not the same, but the principle con-
tended for was precisely the same as that asserted in the
case' of Mr. Sidney.- The paper was unfinished, and might
h ire been intended ultimately to assouse a different character.
In Sidney's case, the papers produced were. in his hand-
writing. It was not pretended that the document now under
consideration was in the hand-writing of Mr. Watson.
Tlies ATTORNEYAIENERAIs mentioned the present case
and that of Mr. Sydney were as different as any-two that ever
came before a Court of Justice. The paper in question, he, cup-
tended, was confirmatory of acts, which at present he might
say, were proved against the prisoner at the bar. This was
obviously a part of the means to be used in order to infuse
discontent into the Minds of the lower classes, and to seduce
the soldiers from their ditty.
Lord k:LLENBOROUGH said, it did not appear in evi-
dence that it was intended to print or circulate these questions
cud answers among the soldiers. If this had been'shewn,' it
could be received. At first be had been inclined to admit-
but, upon consideration, he thought it of too abstract ,ss sta-
ture to be given in as evidence.

The othii- Judges concurred in this opinion.
The advertisement by which the meeting. of the 15th No.
'ember Ives called, was then proved.
The next paper produced was objected to by Mr. Wether-
ell, who said it appeared to bias to be the solution of a problem
in algebra.
Lord ELLENIIO4OIIGII wished to know if the Attorney-
General could explain it ?
The ATTOIINEY-GINEBAL said, it related to the
amount 'of his•Majestr's forces, though the numbers were put
in hieroglyphic. Some of the letters which it centained.be
explained as follows :
Ally ....... ... : Artillery A t»ion . Ammunition
11. Gil
F. Gu115..... t:. Foot Guards Twr
The paper be conceived to be applicable to some design
of attacking his Majesty's forces.

FIFTH DAY, FRIDAY, Jugs: 13.
Mr. WaTtilittALL rose, and spoke as follows
May it please your Lordships, Gentlemen Of the July,
We are now arrived at the middle of the fifth day iu the
trial of an indictment of. High Treason, of the must extraure
ditiary description that ever occurred in the annals of British
jurisprudence, and of such a description as .1 hope never to
see again. A trial, the record of. which has no precedent in
the Crown-office; width presents nut one or two strong and
clear facts, leading to one or two deductions of law, but a en,
fume of small facts, out of which, as I contend, is to be
wrought a case of constructive treason, and which ought never
to have been put art the file: On this record the unhappy
Man at the Bar is accused of four treasones—lst, Of com-
passing and Imagining the death of the King, which consists
in the contemplation of the murder of the King—ed, A trea-
son which, in its nature, may not consist ire such a personal
intention, but which involves it in law-311, Of conspiring
to levy war against the King, and 4th, Of conspiring to levy
war to compel the King to change his measures. Before I
introduce any argument founded on the law or facts of the
case, I cannot but intreat your attention to the language of
one of the meet pious Judges that ever graced the .inslgnitiet
Seat (Mr. Justice :Totter) which I did not at first know I
should have to refer.to on this occasion; hut it is a remark
which I quote, 'not only as it may affect the life of the pri-
soner, but the life of every man. In his preface, he recom-
mendshis 'redone fur a particular reason ; • he says the learn
sing tostehiner these suldeete, is a matter of iniiversal concern.,
Hunt—then is no rare& or circumspection can place any mata
beyond an interest in it ; for there is not one am can tell in
what situation he limy he placed by the inetaiiiiityof human
affairs. And, Gentlemen, if you will recollect a witness that
re have to dust with, you will be satisfied that nu mass in
this liingdom is safeeven though he throw •te wall of eirenai-,
spection around him to protect himself. I have stated this to
introduce your attention to the getieral suspicion that Castles
is the wretch who has made these persons his dupes—is him-
self the author and co/miter of ail these transactions.
shall not new go into the tale of his infamy, but I will here
just state, that it was only by an accident that Mr: hunt
was not caught in the toils of this diabolical monster,
and that he is not, by the artifice of this indescribable vil-
lain, placed at this Bar, to pass through the cold sweat of a
trial fur his life. The. main view is to enter into the law
rather than the facts of the case, because your attention hat
placed feats and duty much snore accurately in your recols's
lectiun than I could recat them. It is for this reason, that
where- I allude to the facts it will be to trawl some general
result rather than confuse you by details. But I will ergo
sonic important considerations as to the law. I take it to be
a proposition, of the law ant to he doubted, that the intention
to do personal harm to the Sovereign, to impose restraint
upon the free agency of his person, though the object be not
effected, is high' treason. But looking at this first treason,
when We recollect that Sovereign is now at the age of 80,
and after a life of uuexampled.puelic and•private virtue, is;
by the dispensations of Providenee, no longer able to carry
on the affairs of this great Empire ; 1 say human .nature
has impoied a bar to that intentions. ' Notwithstanding the
common of our cemon nature, I will nut entertain the pos-
' sibility for an instant. I might add toe, that a treasue of this
description is so puerile, as to any purpuse to be derived from
it, et a time when Govirnment is ire fact in the trawls of
a Regent, that it is too familiar for an argument. As far
as this goes, I shall content niyself with saying, the na-
ture of risen prohibits it. Need I add, that, in four days'
evidence, -there. is hut brought home to the unhappy mast
any expression, any circumstance, tending to deny the
authority cif this august Personage—not errs any contumely
of expression is to be found any where, with the excep-
tion of that infamous ruffian Castles. If, therefore, thie
charge has been put Upali tire record us a matter of
form, I have no objection; but if of matter of fact, I say it
is an imputation of perfect puerility. We will duets attend
to the ed charge, which is that of conspiring to depose the
King from his kingly office; or, in other, words, a treason,
the actors of which propose to overthrow the whole of the
Constitution. The Attorney-General said • the lit and ed
counts were pretty much the same as the first, but I cannot
agree to that law. The statute of Edw. 111, does not include
the treason of overt-awing the Parliament which was made
treason by the statute of 1795. But I will not stop to its,
quire whether the statute introduced in 1795, has or has not
varied the ancient law on that subject, though I must confess
the statement of the Attorney-tieneral induced me to sup-
pest that if the eompaiiing the tWth of the King in the first
count involved the charges in the ed and eth, that the id and
4th, were very unnecessarily put upon this record. We
must here have some distioct• treason, but the Crown
Lawyers put in four, to obtain by confusion, what
could not be obtained by alledging a distinct treas'on:
, It is not my argument to contest, the law, but to infer
that the Attorney-General virtually admitted the second aril
Bth counts to be unnecessary. Gentlemen, the ed and ads
counts require you to suppose the existence of some plan'to
depose the King, and admitting that all the treasons charged
are treasons under the statute, Edw. 111. I should have said
the (ugly treason worthy of your consideration, was that of
conspiring to levy war against, the King, for as to the others,
there it Out one *Hedged fact to make it even a colour:
able case; and, I say this, because the persons are in
such a situation as not td be able to conspire to set op
a new Government ; and there is no evidence, except a
miserable list of names talked of by Mr. Castles, to support
such a ridirt
culous pretence,. You recollect, Gentlemen, that
its 1795 there waea plan for demolishing the existing Con-
stitution, and setting up a Republic, 1 separate this ease
front that, for it is different in every feature, .There were
at
that time too many who were supposed to wish fur a change,
and who hadalie means to promote their object. France was
cantoeed out, and in &ticked there were affiliated Societies
consisting of little short of:ti0,000 persons, so intistflately CAM.
neatti together, as to enable them in the course of the post
to rise simultaneously, in order to subvert one constitution
and set up °nether. it its waste of time to draw a compari«
son between that case and the present, and to ask y°er elle.
ther two broken-doe-a Aputticeuries, a brokee-durve eietstlee

# CtilAtll,63isti ZetlitfrailAif irreafirt,
. tee lea ability of asiieli is refuted by is were statement of
, t tic.r • number and their circumstances. in use course of his
argument, the Attorney -General alluded to the .Spenceaus,
and another Learned Gentleman (Mr. Gurney)
contrived .to
slip in a little ahont them, a set of people whose pamphlets 1
have read, but I have a right to say that the Attorney-General
' ought not to have adverted to them without bringing eri-
deuce to connect them with the present prosecution. Such
allusions ought not to have been made, and they call only
have been made to prejudice the subject. Why have we not
had evidence given respecting them that we mixlit have been
led in to take your opinion of their principles and in-
tentions. Gentlenien, without personal incivility. I must
repeat, that those oblique hints ought nut to have
been offered. The conspiracy imputed is unsustained by any
external auxiliary force, for the infamous Castles has stated
that these men were not connected with any societies what-
ever. As to the 4th Count, Gentlemen, I have the Attor-
ney-General's authority for saying, that it is involved in the
other. I will add, that in 1795, the body then in correspon-
dence with France was so formidable, as to be put down by
Act of Purliaiuent ; you had then an internal enemy to be
encouraged by the French Decree of the 81st November,
1791, otlering to assist countries disposed to throw off their
allegiance. There was a plait and force commensurate with
the object. I will not insult you with a comparison of that
and the case of those five men and the wretch who, if treason
has been committed, ought to have been at the bar, instead
of being brought forward to drag these unhappy men upon
. a hurdle,.,again to receive the pike of blood„ by a horrid
traffic in winch, unfortunately, lie has been befure too suc-
cessful. I now come to the coat not levying war. It is ma-
terialthat I should call your attentien to some learned and
eminent authorities on the subject. The language is nut le-
vying War, but levying war against the King; and the ques-
tion is, What is levying war against the King ? The law
presides, that this shall be a question for the Jury, fur the
law could not a priori say what should he, the force, and
how employol to constitute this offence. Lord Hale says it
is a question of fact—it is a fact varyingwith each particular
case, andao be judged of by a Jury. It has certainly been
laid Clown that there may be a constructive levying of war.--
The cases have been alluded to by Mr. Attorney-General,
which Ide nut dispute. Thus a conspiracy to destroy all
Meeting-houses, is a constructive levying tit war, because the
law has said, there seen, be a toleiation ut religion, „nil this
~is a conspiracy for the purpose of destroying such a law. So
a conspiracy to compel the King to make a peace or go to war
at a pal ticular time—to break deseit ell enclosures--to pull
down brothels, is a constructive levying of war. I have nu
objection to admit the rule of law as laid down on the trial of
Lord G. Gordon. These are admissions which I owe as an
Advocate, for no mistaken considerations of duty towards the
prisoeer, can make me forget my respect fur the law us laid
down by Learned Judges, and established by the practice of
-the country. lam nut for surrendering the law to a mob.--
it is a constructive treason 'to break down all enclosures, to
pull down WI brothels, to open all prisons, and so on, y• Are
do de su, and on these principles I am willing fur the issue of
life and death to depend. What have these suers done
Hive they clinked themselves with the authority of mobs fur
any one 0: these objects ? If I advert to the evidence of this
wretch Castles, has he said what they were to do—theywere
to have a row, but were they to alter a law ? Wyre they to
set up a new Constitution ? Is there any pretence for saying
this, but the scrap of paper which Castles was ready to put
any construction on that might best answer the purpose ? He
in his exatninatioudoes not tell us thia any particular object
was to lie attained—be does say that streets were to be barna.,
cadoed ; lie does not say for what. The Attorney-General
said, this was flagrant civil war, and he may contend that it
was a levying war not to attack the King's person or any par--
ticular low, but ail law. Now let us see how this strums; for
I rather think all these treasons melt themselves into the last,
and the Atturncy•Geneeal must contend fur an open insure'
rectioo. But let us look to the facts : with the exception of
the unfortunate affair in Mr. Beckwith's shop, upon which my
feelings are as strong as those of any man, but which, after
the evidence of Mr. Beckwith's servant, I Heist consider au
accident, was there a single instance of violence; when we
contemplate it as an insurrection, and draw the veil over that.
unfortunate transaction, I should be disposed to treat it raore
ludicrously than the solemnity of the issue of this case de2.
mends. Go to Spa-fields, and there you find half a dozen.
pistols, some bullets in a glove, and some powder in a pound
canister, With is flag and a flag-staff. Mr. Stafford routs a
main division,and Sir J.SliaW disperses the remainder. If
these transactiuns rise to the delinquency of Treason, mid
constitute flagrant Civil War, some 'mirk of favour ougla to
have been bestowed upon Mr. Alderman Shaw, .who, by his
single proWess,• had suppressed is rebellion that was to have
overturned the State. I would refer to lleristead's Couto
there was an attack on the Palace of the Archbishop of Can-.
terhury, to compel him to cause Charles 11. to change his
measures, which was considered a constructive levying of
war;' hut Mr. Justice Potter questions this law. I don't
care; however, whether it be Law or not. 1 will only
ask, whet Privy Cuuncillor, what Magistrate. or what pe.r-
sun down to the very'. lowest tilt whom the kingly maim,
City • CAD be supposed to be reflected, was attacked.—
bid they attack the Lord Mayor ?—I am surprized that
the Lord Mayor, who Is in •the list of witnesses, has not
been called to speak to this question of flagrant-civil wet; for
I if it existed at all, it was in the City of London that its force
and pressure and vitality shawed itself, and the Lord Mayor
would lie able to give the tatilt ilifilralatitin.on the subject;
lint after the evidence of Sir James Shaw, the Attorney-,
General thonglit it too ludierous. It was in the City of Lone
don that this ideal anarchy, this ideal extinction of Kingly
authority took place, yet. we hear from Sir J. Shaw an ac-
count so lielicroui, that the Conservator of the City himself
is not called. It is said the Bank was to be eau:Wee-hart
you any evidetice of an attack,on the Bank ?--No; but you
have you say evidence of au attack on the Tower, on a foa-
,less of the King, that you may inter an attack on the majesty
1 of the liapg,;--if, however, you, take out Castle's evidence,
what proof there that the Tower, with loud voice, in the
language of the indictment, was, summoned to surreusler
Half orahe rebellion was stopped before it reached Sir Jamei
Shaw, and the other half Mimed into the arm* of the worthy
Alderman ; the erguineet, that an individual seen on the
outside of a Tower, ea yards iicioss, and thirty yards highs
bad called it to surrender, was too contemptible to be ad:
dressed to ,a British bead. This insurgent force cousisted in
the raviug of sole individual; it wits a war levied in Spa.
fields, a war of words; not a constable even got a broken
head. Mr. bowling, the shori-hand-writer, remains un-
cenfirmed by a single. testimony, .113. ,to any expressions dis-
respectful to the King. but allowing them to have been
used, that was not levying war against the King; allowing
the authority of Benstead's case, which I deny, mud that the
authority of the, King destetided to the lowest constable,
there bad been no levying wits against the King; the only
war had been against the atmosphere, by tbectiving of a feu
de joie in the air. I have adverted to Mr. Platt's case; do
i murder;nileere.tbtchei jusre tice
slas ittroin tyiboovtfl,i a: ;Vfi tYrur thetulgteulial:diacetyul
of
et tionbfuetrldi techrue
in hscati apologistir,ahn of
action; even allowing it to be murder, that dues not make it
Treason; and putting that asideetell rue whether nue person
received the least violence, or that there Was the least expres-
sion of conturnelyagaitist the person or the majesty of the King?
but they had attacked the house of one gunsmith on Snow-
hill, and the houses of two others in. the Mitiories, andabie was called levying war against thaleitlgt he admittedaleg an
outrage, and a great outrage, had been committed; but. he
denied that in attacking a private holm or private houses,
war had been levied agaisist the King. If there had been '4
orci on
ril-.vrar, lie wished to knew where it had been commenced ?
Did it begin at Sita.titidS, at Mr. Beckwith's, in the:llium-its,
Tuwer-hill ? It was said the bilups had been broken
ripest for the purpose of obtaining rums, and that this wasle-
vying war against the Sovereign. He denied that the mere
breaking open of shops ought to be considered as such.
They might have been entered forcibly, and arms taken
out e but if this were admitted •te, have been dune, in
order to levy ware still it was notilevying war. This might be
the means of levying war, but it ought only to be viewed as
the means, and nut as the end. The force thus obtained
must be applied to the purpose for which 'it was intended, in
order to satisfy the legal deliiiition in levying war against the
King, or of any 'smasher of the burly, politic of the state. He
fearlessly laid down this position, and called upon the Soli-
citor-Generali elit the
b breaking akiiiie op his
replyel toft shopsloiisprowvaes In
if
itselfhe
an tion and-a levying of war, was 'u fallacy and afiction raiserd.rrheocue-
the part of the. Crown Lawyers, which could not be sustain-
ed. lie smelled that it was law, .that it had ever been so
down by any Judge; that it could be proved to be so from
any repOrts of legel pructtedings, or (ruin the works of any
esteemed writee on the law of the land. The Attorney-
General hag called.on hitu (Mr. Wetherell) to explain the
transactions referred to, ana, if he did nut do this to his
satisractione why then "be (the Attorney-General) should
tflits ake upon hiatielf to infer that war had been tried against
Crown. He. denied ilea a right to do this.
Ile (Mr. Wetherell) would Admit nothing. It was for tbe
prosecutor to make out a case of High Treason by manifest
Proof- This he ;hewed on authority .of Lord Coke, That
distiogeished.hiwyer bed laid down that it-mast be " rave'
ably" made out, as the punishment therm:Weil for the crime
of Iligh Treesan wee so seeere, that iii no other case was tbe
bat' therOnCstte.Wii that it was necessary that some
*pelt sited should proveashly be made out" by sr direct and

ipor. ;:r CORD

1351

takta

11/11.3 144.1-14.4 e, on titi'fie Ilene.
v.', A . d iefeetory account of the t tweak:hoes ss bich had te
p! tcc, the Attoriley-Geueral had no right in law to iafertie
tucioimningetawi
tlieh Treason bad been committed. He repeated his st4e,
went of what in the eye of the law was High Treaton,aedoti,
intehdinti;:attthdeescroutrag.ipticeas.whrillhe
been punished at such at various periods of our lintel!,
.:
not prove the smaller treason—that of conspiring wc:in
one law to be repealed, and therefore he setillhed the trt to
treason to have been attempted. Unable to prove titto
bad been contemplated, he cut the Matter sho",„,,
assumed that he had a right to infer any thing' Thi7it,
went he pressed in a variety-of shapes on the lure lily
ablest writers on the law it was edmitted thin a notoriearte..
tjAadttorntaly.°W,aflactersidi:t7lJ
unction existed between " tumultuous riots, and ctrl Pe
lions riots, and High Treason; tuniults had occurred r,
more violent thanthose which took piece der the iiOlf,-,
cember, which had been to come under the law
the the Riot Act. Rut a marked distinction had at all tilets_?..ife
made net only since theltevolutiont bat for .1.1111,
antecedent to that event, between riots and High 1111
antecedent
He traced the Riot Act through the history of 014,0
from the reign of Edward VI. in which the model o ~ A
te he found, to the revival uf it in the time of Geo.'
'hewed that final the period jolt referred tai u?,ittiouttinar
been in existence that was held to be applicso'f, 1„ os
actions like those un which the present. erott"liir ir
grounded. He called the attention.of the
Jury to the!.
amble of the Riot Act, which set fora] that " Wholes 07
bad been of fate rebellious riots and tumults lit diva) To
of the country, and the same were condoned prestmOSl
~i
rmakefusee "'too
there were no land then in being, to repress the try
the king and his Administration baring Wu toOligef 0
and falsely Itadueed in . order to alienate the affections
_.t,
hlajesty's subjects, &C. &e. The snouts. then otolLit
fter the fetes.
ali"
the Riot Act. It also made it death nut t° i ,01
seeliisapchlrseatowibtebinpuanii:liehduuwritah deet It one ;,„-ei
where it was known the Magistrate was ,preve!dforetinjti,
reading the Riot Act. 'Was lie not t belt. Ivctibialio
he would ask, in his argument, that ei..elo
Rita" was net a levying of war aeaitist the
~eeetelo in.
would assert, on his credit as a lawyer,
wider eY ine
sertion he would stand of fall, that if the l ~ etf
be such as it had been laid down to be by the Lot, d., ell
tiro Cla)411, the Riot Art wuniti be sirtually rePtair "ego,
dietiticiien .between nuts and chit weir woola be eon
..0,
eituriagut
Soule years ago very serious elute broke oat et
to otos
and the houses uf Dr. Prietley, and of eight or e >el tolts
Who were dissenters, and supposed to be ito tri La. ni
Government, wee burnt (fowl). But Sir Jolio
...',4:,:ex-
AttornerGeneral of that day, like the present Attei'vliirotie
tiered,‘ held these proceeding to be " a dogrlti creole'
Acts of ten times greater violence were commet , sidoo
had occurred in the present case. But did 15°,!..„ eitt
Scott do his duty to his country? , If the proese"do.".,Teree,
'sell-grounded it should seem that he did mot, !Ortuoctr„ooe
cutions for High Treason were commenced on teal met
U'rei it nut seen what a dreadful dilemma the'tte O2Tittie
ral of tete brutight the Attorney-Getieral el 19'
'lle Us
course now taken was the pruper one, and if laiesiellit
tions now under consideration ought to bare Leo wee,
that scale of delinquency which t bey had been rain gellill
W°uld the Jury, while they felt the pulsation of
blood in their veins. while le lush utaleistandiusi,!„o ocit
to their heads, decide that the tornalts at Dirmingot
riots, and that the riots of Spa-fields--
The ATTORNEY-GENERAL said, w°rds 118'3 berg
'°‘
puled to him which he bad nut used.
Hihgthrirnreas'Elolnl.EßAThLeL4duiodrnnottriGniepiuietrae t.o_him, lbsl444e:rbtisc:es,‘
words that he had but the facts were stt.,i door
stated them to be. The !riots at Birmineeisto 1, de sil of
surably more delinquency is them than these 01.,...0ni tif
December, yet these bad never been thought to ,am"_eielA
I had km tne r:, A
occa.ion, raised such acts of outrage lido .the
~ glee 1,
particularly
treason as had Meer Preen so treated before._..th Lesii,_
denied, he should call for precedents to suePurig "oei, vest r,
In the time sit George I. there had been riots ma!
e"tet le
delinquency than the present. He would reedittte!"eoeses or!
grunted etery day
t jiese At
the History of Pr. Sratifiett. 01_11711'ry foes.,
Queen ne there was a strong party lii
chi 4 cuio ;les reir;
able to a Pretender. The City of Landoll wai. ie welt l'i:i
in-the year tels. Of these 1)r. Swollen Vire -
account:— 00
; seroltd tiY 1
distingurshed, and considerable rwthe opei
" The spirit of discontentand tlisalfeel.ail itiok, proclit.io,
lions against riots, and orders of the Je.,st'r -',"e, the 00",,ee
ling tbeepeace. repeated tumults were rsat"teie. 111,1 tee
in Rugland. Notwith'lta. (i.e. ietie,7,lo,
tent' in the Cities of London and Weltlahlt 1 ..jiy *46' te
usua celebratedm,the ttetivessery of the Kittgouhltreji 'l4 .10. rope.
an,* of Joy and festivity, were weeeesery of tit 11-'
lace; but next day, which was the hoee,-- oteitirvs -,,,,e,
eealt:fends fromoat nis::
twKill''ir‘4liiiorl'ultlispatl,tiavutnltwaliro:::ltzteidbmd,:,.t.:atieh,nicoli,drhtihteH..it.C;C:tdstlYinp7teWt:4-irttaihfosnOntieibisnigiell::;‘1:til?rie::::111i1:0°If:16:114:::iertoPt:obd.::::13;:ltC;;I:::::ti:::
r,,entant 'file people ei s . ebllrtee 0 t't iti eve el
and Or
cone •
crued in these riots. One liouritniels tile rU#l litis
tried that King George had no right tit eceetityrt
This was the only individual that send eariellisfio'r
itchael(),;"einedpooirtrbt:dsouiongru.t,thuteittiusltittosnbtottrit:ii:°4e.,:e.o4o,ad ty!:o;b:,,:cit_sell
sion. At this tiara the seols of diseffect"' goo O.
1 040
two of ribbon, 6 ..11.0 ens o ,la IV
Councils:--Lund c„,
riot, but not treated at tease of High Tee3o" "in en I,l°,lareert,
time there were men of the highest
lord
cbsticrl'?.loo9 ,
formed
Sir Joseph Jekyll, Master of the Rolls l 311" venni, an
Attorney-General. Ile (Mr.. Wetherell) o 0 g01.4,s
credit, as a lawyer, on his veracity as an hienit:tat 'thee 0:000
industry as an investigator, that till the Pr`i, ted,ii, t 4
riot as t hat, of the 2d of Dec WAS Dever at"' litiott' ild
High Treason.. The words' " Rebellious .. o;
. ells.' eis hto4l
eer, was then ln, 5ir....,,p.0.. he
shown, were as old as the ,time of flutr'ee t; and edlt
evidence that could be given Ite it Ira! put ia"-kstoot 141'''sitilioi
part of the preamble to the lleot.:l:rotsily,it.lotos
said, but what the law said for iteell. '''.'-ttie Act if 'lee
Riot Act to bare been framed to supeor" the 010..beee.
went, which gave the King a right to the
or vied arr. his
theaee he 'contended it was in every ewe' e, boot, it ""
to rebellious nots: He could bolt into no " sc 110 t ~,,,
. ....,,.. ~4 ~
these argurneuts were not supported. ei--00 *W kl.
the first day might lead to Acts of treaieej twit' thsreeltir
day, it was not, therefore, to be tuaintaine _ vis tit fel
son had been committed in the first inste, %andel, ritell
like saying, that. Saturday the the sanic shi"e beit..tlistle
IsAebeiwt, sent-hhheiiChiaawilinauis'taltspeassnraltteutduriatbleee' bnoiurnrieggearugmtab:lll:tnitid-;fri!rad6:°ll:f4;tiosg:;l:i
bellicius Riots," might even he traced haa _Q 0, isni of:
to the time of Queen Eliz. 'rtleiC words sece,, 0tbe,41,0.
the law, and not his. He furthershewed that trii‘ol of !Pir, be.
Mr. Reeves, who had now retired from the °hi 'J000;10
Lord Auckland, were in hit favour. If tlic . a o'4 dee
twecn " Rebellious Itiots" and Oil' TroloAc'ele:l I'lllo I"'3'
away, riots, with much less delinqueney co ttereeftergi.ori.
than those of the Id of December,
,h,,,i pot VI., l'e
secuted as High Treason.
If the Jur) ell'; up ili I°i ill,,iti
barrier' he was of opinion it must be gi.c _ coo lit, .00
~,
nuts, three years ago, on the pasting of Peen es tel°ol IV:,-
an insult wee offered to the Siete. by she ° ore eri°, tre
houses of Members of Patlianient, were ei.e, Gerr° 'lt t'
i Sir " • it tree,'
those now under consideration.; eut • . „elle, ,°, 0, of
Attorney-Genetel, never thought of pro' it toes
casitm, ally indictments fur High Trsessoa;i2lit u'
.o, s;
'my-Genera-who bad sticceeJed him ar.'' Ibtee ilitleil,,,
hey•Grnrrsued,
had pursued, he ouelit to bard autie•_.o „ofil ut
been brokeu open in the riots, arid one ieT.,,,nsing, „dee/
the tumults of the od of December. 7.,.12 *iota_ ;v4
shops, sir but one, bad been broken oeell_ass'itoeitM.Vositt.
if it would stilt have beers tleaaoh. tie ''' root dy, if
where the limit wee to he found, ify the l ..inieite.o .it.
be
rioting and treasen were ti bweitidlenti to eitatolioo
compasses were opeued one inch, l e be
:tory a:141,4
they might not be extended six.
li t sic') 11(0! it aAI ott‘
character of
ownTre to apply to I,_
.e,toj itilid 110 if?
unstring their nerves, and drairatilf.'„: whiell .o,osiiito"
own veins. They would give tie I;:atid the/ etleti
_framed fur the protection of the suberci_ ~,eislri,,,, 0.1
cover it no genre. If stronger IWO We.rat:;ioolitt'agt*
be enacted—but they ought to gu Ott ,
il tutu
gismo 'l4O
they ought to leave them to be made It.cio in a fed asiooit
not take upon themselves to supell, 1,",. he bed i et)
s;
'ice. This 111.1p0114114:e of the pridelp.,-ie sppeelarofi.ot
enforced with lunch legal eloquence. Ceteeen lereePoe
Jail, if there were net distinctione and fele !on d
the benefit of clergy; and "' 14. ell other °,72-otoitil
roaustaughter, and between felont
..wao;e4, whearile;ceffri`A.
eroscupie distinctions were trade be . eres„,et to ins il
those, wttch till now had existed walla. ~r.,,,,i, , lei
Rh es ," and High Treteeon,
prisoner' had hteu charged with a i°e7 woe Itiode
Bali; with felony' at the t/Ikl Relief) 'm'orss She., lei 'Ol
Trea.son in the Court of Ring's liett_o_..i ? cshee',;ette
trite', filet toch things veld take Pr 7,,,y, If, ;:i I,AV g '
((Ted the sentence of the law fur le. idol weo 41 te
were engaged in high Treasoue the l' tory 04
merged lii etre greater crime. - eatsetied ft
Lutdst:LLENBOItOUGH said a u
to be
toguysdoor :ilk