The Sun.
London, England, 1842-06-17 00:00:00

TRIAL OF JOHN FRANC ;S
FOR HIGH TREASON.

CRIMINAL COURT.-(THIS DAY.)
OLD COURT.

The occasion of the trial of this misguided, foolish young
man, for shooting with a pistol at our bloved Queen, whilst
enjoying an innocent recreation, in which the meanest subject
in the land is privileged to indulge in safety, when the labours
of the day are o'er, convocated at the Old Bailey to-day all those
individuals, who, venerating our Queen, for her private and
public vi ties, for her feeling heart and the interest she takes in
every thing which relates to the welfare of her people, and
which on no occasion she has omitted to manifest, and
being anxious to obtain a glimpse at the heartless miscreant
who could harbour a thought of ill against her who reigns pre-
dominant in the affections of every loyal subject, could by in
terest or other means obtain admission to the Court. And
when we saw the feeling of mingled scorn and indignation ex-
hibited by every person there against that man standing at the
bar, we regretted, though the Court was full, that its limits were
not large enough to admit of more being present, that the pri-
soner and the world might know that the detestation of Isis
crime and him was not confined to a few, but was general, nay,
universal throughout the whole country.
The arrangements for admission to:day appeared to be of an
excellent order, and though the Court was early filled, it was
at no time crowded to such inconvenient excess as on the oc-
casion of Good's trial.
A few cases of no importance having been disposed of by
Mr. Commissioner Bullock, who took his seat at an early
hour, Lord Chief Justice Tindal. Chief Justice Pattison, and
Mr. Baron Gurney entered at ten o'clock, and took their seats
on the Bench, where we also observed Alderman Sir Matthew
Woiel, M.P., Alderman Thompson, M.P., and Sheriffs Rogers
and Magnay, and several ladles and gentlemen.
John Francis was then placed at the bar, charged on the in-
dictment that he being a subject of our Lady the Queen, nd
not regarding the duty of his allegiance, as a false traitor
against our said Lady the Queen, on the 30th May, 1842, at
\Vestn.insrer, within the jurisdiction of the said Court, mali-
ciously and traitorously did compass, imagine, devise, and in-
tend to bring and put our said Lady the Queen to death ; its
order to fulfil, perfect, and bring to effect I is most evil and
wicked treason, and trea-onable compassing, imagina-
tion, device. and intention aforesaid, he, on the said 30th
May, at Weeminster aforesaid, maliciously and trai-
torously, did shoot off and discharge a certain pistol
loaded with gunpowder and a bullet, which he in his tight
hand held at and against the person of cur said Lady the
Queen. with intent thereby and therewith maliciously and
traitorously to shoot, assassinate, kill, and put to death our
said Lady the Queen ; and thereby had traitorously and mali-
ciously made a direct attempt against the life of our said Lady
the Queen.
The second overt act varied only from the first by stating
that the pistol was loaded with gunpowder and certain other
destructive materials and substances to the persons unknown.
The third overt act charged was the same, only for shooting
off and discharging a certain loaded pistol.
'the fourth was the same, only for shooting and discharging
a certain pistol.
There were four other overt acts charged in the indictment,
for discharging, firing off, and shooting a pistol, as in the four
former overt acts, and alleging that he thereby and therewith
traitorously and maliciously made a direct attempt against the
person of our said Lady, the Queen, whereby the life of the
said Lady, the Queen, was in danger.
The prisoner looked very well, and was respectably dressed
in a black surtout coat, which he wore buttoned ; his waist-
coat and small clothes were also black, and he wore a clean
white shirt.
The Attorney- General, the Solicitor- General, Mr. Wad-
dington, and Mr. Russell Gurney conducted the prosecution
on the past of the Crown ; and Mr. Cla. kson appeared for the
prisoner.
The indictment having been again read, the question "Are
you guilty, or not guilty ? " was put to the prisoner, when he
replied in a low but distinct tone, "Not guilty."
The Jury was then empanelled, and having been sworn,
The ATTORNEY-GENERAL rose to address them on the part
of the Crown. He Said—May it please your Lordships, gentle-
men of the Jury, it is my painful duty on the present occasion
to state to you the circumstances under which the prisoner at
the bar stands charged with the crime of high treason. A more
important investigation could not be submitted to vou. The
crime with which the prisoner is charged is the highest known
to the law of this country ; and I believe in every civilised
community the crime of high treason is considered as being
at the head of all other offences—that it is more atrocious in
its nature than any other crime, on account of the extensive
mischief and misery it may entail on the community if
the attempt to commit it is attended with success.
Gentlemen, the accusation of high treason is founded
upon an ancient sta'ute, by which an attempt upon the life of
the Sovereign constitutes the offence of high treason, even in
intention. This trial takes place under a more recent statute
by the provisions of which, when the overt act is a direct at-
tempt upon the person of the Sovereign, the trial is directed to
take place according to the ordinary forms when a subject is
similarly attacked. Gentlemen, the deep and important in-
terests involved in this question induces me to call upon you to
pet form on this occasion a firm, a faithful, but a fearless dis-
.charge of the duty east upon me. I desire that you may forget
every circumstance that may have been impressed on your
minds or called to your attention before entering that box. 1
request of you to learn the law from the Judgeeeresent ; to take
the facts from the witnesses who will depose to thew ; to listen
to the arguments presented to you on the other side ; to exer-
cise your own unbiassed judgment upon the circumstances of
the case, and ultimately faithfulle to discharge the great
duty cast upon you ; to do justice between the public
and the prisoner at the bar, whether that justice be
to acquit or to find guilty. Gentlemen, the deep in-
terest that a question like this involves, induces me to
ask at your hands a calm, dispassionate, impartial, and
deliberate review of all the circumstances, end I must also ask
you, on the other hand, to arm yourselves with that fearless
manliness necessary to discharge the duty cast upon you. If
in your judgment the person at the bar be innocent, so find
him by your verdict; but if in your judgment he be guilty,
shrink not from the manly performance of your duty, but pro-
nounce a verdict against him carefully. Gentlemen, avoid any
prejudices that may operate against him, but as carefully for the
public interest guard against any weakness in his favour. Gen-
tlemen, on Monday, the 30th of May last, about the hour of
six in the evening, as her Majesty was returning from her
accustomed ride to her Palace, midway between the entrance
to the Palace and Constitution-hill, a loaded pistol was dis-
charged towards the carriage in which the Queen was sit-
ting ; according to the evidence of several witnesses, a dili-
berate aim was taken at her Majesty, and the pistol was die-
chargedat the Queen. The individual who discharged that
pistol was, beyond all eoubt, the prisoner at the bar. Ido
not collect from anything that has transpired, that there is to
be the slightest plea in defence on the ground of insanity. I
col ect from all that has passed before this moment, and all
at ound me at this moment, that it is to be admitted
that the prisoner is, and was, at the time of committing the act,
in the full possession of his reason. As I understand, no de-
fence is to be set up that he was not accountab'e for all his ac!ss
that he had not the means of knowing the consequences of
what he was doing, but that he was a sane person, is re-
sponsible to the country and to justice for the deliberate
act of which he has been guilty. The solemn inquiry you
are called upon to enter into—and a more solemn or se-
rious one cannot be propounded—is what was the character
of the act, and what is the construction to he put upon his
conduct in committing that act, which, beyond the
possibility of denial or doubt, the prisoner is proved
to have committed by a multitude of witnesses. Gen-
tlemen, in the first piece, the weapon he used en this oc-
casion was in its nature deadly and destructive. It was un-
doubtedly charged with some material of mischief. It was aimed
at the person of the Queen, a spot was selected that would place
the person asnear as possible within reach of her Majesty's person,
and, unlike what occurred on former occasions, a spot was
selected, net opposite to the wall, but from the wall, and she
pistol was discharged towards the open space on the other side
of the road. The prisoner placed himself in a situation as not
likely to be interrupted by bystanders ; and, above all, it must
be recollected that this was not the first time the prisoner had
attempted to do the mischief, which he seemed determined to
effect, for, Gentlemen, on the day before, as her Majesty
was returning from the Chapel Royal to Buckingham Palace,
a person was observed to point a pistol to the royal carriage.
It was not fired—what was the cause of that I cannot say.
It might be that the persons surrounding prevented him from
having the confidence then to discharge the pistol, or it might
be from sentiments operating upon his own mind; be that as it
may, the ac'ion was observed, and subsequently it turned out
beyond a doubt that the prisoner at the bar was the offender.
Gentlemen, of this transaction her Majesty was apprised the
same evening. It was communicated to her Majesty by the
authorities, and every precaution was taken to guard her Ma-
jesty's life from danger the next day; but her Majesty dis-
dained to immure herself fer the purposes of safety in
her palace, or to conceal herself from the view of
her loyal subjects, or prevent them from paying that tribute of
loyalty and affection which she *ever so deservedly received.
Her Majesty came forth as usual the next day to take her ordi-
nary ride, liut with that magnanimity which belongs to the
high-minded courage of her Majesty, she refused to be accom-
panied by any of the Ladies of her Court, and singly, therefore,
exposed herself to the danger which she thought it becoming in
her to meet. Her Majesty, on the day in question, proceeded
upon 'her usual excursion, and, on returning, the prisoner
at the bar made that attempt which I have stated. The
news spread through the metropolis like wildfire. Excitement
followed it throughout the country, accompanied by sentiments
of shame and indignation, that in a country like England, in
' the metropolis of England, the Queen, a wife and a mother,
should become the objs et of so base an attack; and the ques-
tion, Gentlemen, for you to decide is, what is the character of
that attack, and under what circumstances was it made ?
I admit to you that the excitement that prevailed through-
out the country is not to sway your verdict. I men-
tion it only fie- the purpose of showing, that the loyal
Fe. ple of England abhor so base an attempt. Gentle-
men, I will now call your attention to the few remaining
facts connected with the case. I shall conceal nothing
from you which the law officers of the Crown discovered. I
shall discharge my duty as it appears to me to become me, and
I shall ultimately leave the case to your deliberate and serious
consideration, simply asking you to draw your own conclusions,
and give no force to any remark a may make beyond that
which is naturally formed by your own superior arid deliberate
judgment. Upon inquiry it appears, that on the Friday before
this event, the 27th of May, he prisoner at the bar
purchased a pistol at a pawnbroker's shop in Tuthill-
street, Westminster, for which he paid three shillings in
very small coin, chiefly in half-pence. his you will
hear from the witnesses that will be brought forward, and from
the nature of the payment the conclusion must be, that. the
prisoner was in a state of extreme poverty. Ott the same
evening, at another place, the prisoner purchased a flint adapted
to the pistol, and there was also reason to believe that he on
the same occasion purchased some coarse gunpowder. My
Learned Friend will probably ask where he got the ball or the
destructive materials; to that I answer, that although there is
no evidence to show whether there was a ball in the pistol or
not, there were ingredients to be found equally as darn.
getous as lead. There were a thousand hard substances that
might answer the purpose just as well—a child s marble, or
some of the gravel on which the prisi nor was standing, ntight
furnish him with the means of destruction. I will frankly ad-
mit, at this stage of the inquiry, that I have no direct evidence
whit re he get any of the destructive materials, or so hat it was
that
~asin theh
e put into the pistol. I understand that it is to be
said, and this is the defence, that if you don't prove that a bullet
pistol you leave a doubt, and whatever doubt is left
unaatiseed the priaoner is entitled to the benefit of it, and must
dal efere be acquitted. I deny that to be either law or common
sense, and I am willing to try the proposition, involving as it
does in tin- highest degree the public safety of the kingdom, in
wry wry try frietals niay think fit to submit it to your good
sense, or by any ruling in point of law which the Judges stay lay
down for your direction. 't he safety of the meanest individual
in the country is not to be endangered t.r titled with, much
less a life involving in it so much the safety, happiness, and in-
terests of the people at large. It never can be said that in
such cases a life so valuable shall be so insecurely guarded
that nothing short of the success of the crime is to make the
accusation effective. Where, I would ask—where is the jus-
tice—where is the humanity or the good sense, of calling upon
me to show what were the contents of the weapon discharged
in puLlie, but loaded in secret. How can I, on the part of the
public, be called upon to do more than prove the act of firing
a deadly weapon, fir fshicli the prisoner at the bar is this day
to give us some account. If the pistol was not leaded
with destructive materials, the prisoner is bound to show

that. Gentlemen, the law of treason makes the intention the
crime, and not the overt act. The overt act is but
the evidence of the intention. The crime with which the
prisoner is charged is not the firing of the pistol, that is the
overt act by which the treason is proved. The crime is the in-
tention to do that mi,claief which might take away or en-
danger the life of the Sovereign. If the doctrine which is in-
tended to be laid down by my Learned Friend is to be consi
dered as law, the Queen cannot have the protection which the
Act intended to give, for unless the crime is fully per-
petrated, so as to take away the life of the Sovereign,
no accusation could he preferred against the person
committing it, except that of being guilty of assault,
and firing a harmless pistol. I understand, again,
that my friends mean to assert that the prisoner had no evil
intention in firing the pistol, but that it was done by him out
of merriment, or as a salute to her Majesty. If such is to be
the defence a more wicked or absurd one I cannot imagine.
The question, Gentlemen, you have to determine, taking all
the circumstances together, is this, which is the most probable,
that the act was done in conformity with the intention imputed
to the prisoner, not according to the statements and the defence
he intends to set up. I believe that twelve gentlemen actin_
under the impulse of ordinary feeling and plain common
sense, governed and directed by the law of the land.
could come but to one conclusion, and that correlusior
would be that the attempt was made to take
away the life of her Majesty. Can my friend say, or can any
person of sense say, that a man has a right to place himself ir.
the most suspicious circumstances, to give to his conduct the
air of having committed the most atrocious crime, and then ti;
say all this was without an intention of doing harm, it was
merely a frolic ? If such a doctrine was to be allowed, no man's
life would be safe. The public institutions of the country
would not be safe, and the Queen would be exposed hourly to
all the perils of treason. I call upon you, gentlemen, in the
name of common sense, in the name of the whole country, ti
deal with such a defence as it deserves. I know not whether
my friend is prepared-to answer this charge, but I say, under
the circumstances, it is incumbent on the prisoner to ex-
plain his conduct. Should any of the points I have
adverted to be brought before you, I trust you will listen to
them with the utmost attention, and a cautious desire to give
the prisoner the benefit of any matter he may adduce to your
satis-action. He will, if there be no such evidence, have all
the bent fit of my friend's great experience. and no man i,
more capable of doing justice to the cause of the prisoner. I
trust that you will remember the importance of the inquiry,
not merely to the prisoner at the bar, whose interest I should
be sorry to injure, but the importance of this inquiry to every
person in the country ; to the first person in the State ;
to the institutions of the country, which we value ; to the
Queen, the head and representative of the Constitution ;
to the public peace, the security, the lives and happiness of
every member of the community. Gentlemen, I hope that I have
not clone more than faithfully discharge my duty, and I look with
confidence to you not for any particular result, but for a verdict
founded on truth and justice, be it to acquit or condemn. In
coming to the just conclusion, which I doubt not you will ar-
rive at, I fervently hope that you may be assisted by every light
that is calculated to guide you through any labyrinth that may
be presented to you on one side or the other, and that the Goo
of truth, and of justice, and of mercy, may direct you to a safe
and just conclusion.
The first witness called was Colonel Arbuthnot, who was
examined by the SOLICITOR-GENERAL—On the 30th May 1
was in atttendance on her Majesty ; and the usual distance fo,
the equerry to ride is about five yards behind the Royal carriage,
but from what I had heard on the morning of Monday, I rode
as close to the carriage as possible. Colonel SI yld, Prince
Albert's equerry, also rode by the side of the Royal carriage.
Between six and seven o'clock of the evening of the 30th Way.
in passing down Constitution-hill, about half way down the
hill, I observed the prisoner take a pistol from his side,
and fire it in the direction of the Queen ; as quickly
as I could I pulled up my horse, and gave the prisoner
into the charge of a policeman who was standing by his side.
The prisoner was not quite so much as three yards nearer the
Palace than the pump on the Hill ; he was on the footpath,
and about seven feet from the carriage. The pistol was fired
as I was just in the act of passing by where the prisoner was.
The carriage had been going at the rate of about eleven miles
an hour, but being apprehensive of an attack on the hill, 1
directed the postilions to drive even faster, and I should think
the pace was about twelve or thirteen miles an hour ; the
horses were going as fast as they could. I had received inti-
mation of danger before the carriage left the Palace,
and in consequence her Majesty would not allow
the ladies usually in attendance on her to ac-
company her. Her Majesty was on the off-side of the car-
riage, which was nearest to the prisoner ; she was sitting
on the back side of the carriage, and I was close to the Queen.
The pistol appeared to me to be pointed as near as possible in
the direction of her Majesty. I heard the report ef the pistol
plainly, and saw the smoke and the flash distinctly. There
were no persons except a policeman very near the prisoner at
the time; the policeman was about three feet from him, and
to that policeman I said " secure him," pointing to the pri-
soner. Ile was then taken into custody by the po-
liceman, and a soldier of the Guards who came
up. As quickly as I could I regained the place by the
side of her Majesty's carriage which had not stopped. The
prisoner was taken to the Palace and searched by the police-
man. I saw the prisoner at the police-station in Gardener's-
lane, where he declined to state anything.
Chief Justice TINDAL—How long was that after the occur-
rence? Witness—About a quarter ef an hour.
Cross-examined by Mr. CLARKSON—I have been in the
army since 1817. The carriage was an open one. The horse
I rode was about 14 hands 3 inches high.
Henry Allen examined by 51r.Aereeerrus—I am a private in the
2d battalion of the Scots Fusilier Guards. I was in tire park on the
30th May, from a quarter before to a quarter after six. I saw
the prisoner there about the centre of Constitution-hill. He
was leaning on the pump. I saw her Majesty's carriage come
up. I was between twelve and sixteen paces behind the car-
riage, when I saw the prisoner step about three paces from the
pump towards her Majesty's carriage, which was advancing.
He held his arm out, and directly I saw the flash of a pistol and
heard the report. His arm was directed towards her Majesty.
I have been in the army about eighteen months, and have had
experience in firing with ball and blank cartridg‘ . From what
I could judge I should say that the pistol was loaded with
ball, because the report of a piece fired with ball
is somewhat sharper than when fired with a blank cartridge.
The prisoner was about a yard from the carriage when he fired.
I was on the same side as the prisoner ; her Arajesty sat on the
same side. When he fired the policeman took hold of him.
Cross-examined by Mr. Ceeeesoes —I was recruited at
Abingdon, in Berkshire, last February twelve months. I was
in drill about three or four months. I was a tailor before I joined
the army.
Colonel Arbuthnot recalled and examined by Chief Justice
TINDAL—The report of the pistol was sharp and leud, but I
did not hear the whiz of a ball in consequence of the noise of the
carriage and eight horses ; my opinion is that the pistol was
loaded with some matter, and I judge, from the sharpness and
, loudness of the report. I cannot express that opinion with
certainty ; but I think the report was that of a pistol well
ammed down and charged. I will not take upon myself posi-
tively to swear that the pistol was loaded with anything more
than gunpowder arid wadding, but it must have been well
rammed down, and such wadding well rammed down would have
produced injury to the Queen it it had hit her.
Patrick Fitzgerald examined by Mr. Wee:Tie:Gem-I—l have
served in the Spanish and Portuguese armies. I was on Con-
stitution-hill on 30th May, near the pump. I saw the prisoner
at the bar there. I was near the wall of the Palace garden.
I observed the prisoner particularly; he was walking about.
was about five yards on the right of the prisoner when the
Royal carriage came up; as soon as the carriage came in line
with the prisoner I saw him raise his hand, in which was a
pistol, point it at the carriage, and discharge it. I saw the
flash and heard the report. When he had fired the pistol he
dropped his hand down by his side ; I cried out " Seizo the
murderer," and rushed at him. He was immediately seized by
the policeman on the left side, and by me on the right.
Cross-examined—The prisoner's left-hand appeared to be
down, resting upon the pump.
Colonel Wild examined by the ATTORNEY-GENERAL—I
am Equerry to Prince Albert. I accompanied the Queen on
the 30th of May. Her Majesty went out on that day in an
open carriage, and sat on the right hand side. In the road
from the Palace to Constitution-hid, there is a wall on the left
hand side, and there is a space of about six or eight yards be-
tween the wall and the road ; and on the other side the road
there are a footpath, iron railings, and then the Green-lark.
I saw the prisoner at the bar after he had fired. He fired on the
Queen's side of the carriage—the right side, which is the side on
which she always sits. I was riding as nearly as possible abreast
of his !loyal Highness on the near side. Some communication
had been made to me which induced me to keep very near the
carriage on this drive. The first thing which attracted my
attention was the sharp report of a pistol. I wheeled round
directly, and saw the prisoner with his hand hanging down. A
policeman and guarehman seized him directly, and I gave in-
structions to have him taken to the porter's lodge of the Palace.
I saw the pistol : this is it. It was taken from the prisoner
by the policeman in my presence. This pistol would carry tro
or 60 paces very well: it might carry further by al-
tering the elevation. It would be quite destructive at
a short distance ; as much so as a larger one.
I cannot exactly say how far the prisoner was from the carriage
when he fired. At the distance of 7 feet, the wadding from
such a pistol, if well rammed, would wound any exposed part
of the person, and withal very likely set fire to the dress. The
report was sharp and loud for such a pistol, from which I should
judge that there was something in it to compress the powder
very closely, either strong wadding or a bullet. The same
sound would be produced if the pistol had been loaded with a
stone or marble ; the wadding must have been well rammed
down with something. 1 saw the prisoner searched. There
was an empty pocket-book, some powder screwed up
very tight in paper, ht. or 2d., I think, in money,
and one or two things of trifling importance found upon him.
He did not appear much excited; he appeared very firm, but I
observed some agi ation about his mouth and nose. I asked
him his name, ehere he lived, and what he was, but he gave
no answer whatever. I took him through the Palace, and
gave him into the custody of Russell, the policeman, when he
was conveyed Gardener's-lane. I rode by his side there ; he
was then searched and stripped naked. lie said he had a
father and mother and two sisters living, and that he lived about
two miles off.

Cross-examined —I don't know whether the barrel of the
pistol had been unscrewed. I just tried, but could not un-
screw it at the time with my hand. It should have a key to
unscrew it.

Re-examined—This pistol is as effectually loaded by the
muzzle as in any other way.
By the COU ItT—The muzzle was smutty with powder, as if
it had been recently fired. The barrel also was warm.
William Trounce, A:53, examined by 3lr. R. Gultl4lCY—On
May 30 I was on duty on Constitution-hill. I was there about
an hour before the Queen returned to the Palace. I observed
the prisoner there about half an hour before the Queen re-
turned. He was about the middle of Constitution-hill. I saw
him go behind a tree, as if to hide himself before the Queen's

carriage arrived. He was about one yard from me when the
Queen s carriage came up. As it was passing, I heard the re-
port of a pistol. I then looked rcund, and saw the prisoner
leaning over a plug, which draws the water, Kith his right hand
slightly depressed, end a little way from his body. I then
seized him. I took the pistol from him. I saw Inspector
Huss, II search him.

Lavinia Blanchard examined by the SOLICITOR-GENERAL
-I live in Union-place, South Lambeth. I was on Constitu-
tion-hill about half-past five on May 30th, and waited there to
see the Queen. I saw th© prisoner there. He was standing
'near a ptimp. I saw him there about a quarter of an hour be-
fore the carriage came Op, and he was then in earnest conver-
sation with another young man. I then lost sight of him. I
afterwards saw him in custody, and recognised him as one of
the two I eaw w a!king up and down. The young man who
was with him was very like him; I took them for brothers.
Wm. Richards examined by the ATTORN EY-GENERAL—I
am a journeyman shoemaker, and reside in Newcastle-street,
Strand. I cork for Mr. Squire, and have worked for him for
the last twelve months. I was on Constitution-hill en Monday,
.\lay 30. I entered the Park about six in the evening, which
was about half-an-hour before the pistol was fired. I walked
up and down on the wall side, waiting to se the Queen. 'As I
was going up the hill I saw the prisoner leaning on the pump.
I did not hear him say anything.
J. Russell examined by Mr. RUSSELL G uaNtv—l am an In-
spector of Police. I was on duty on Constitution-hill on 30th
May. I met Trounce, the policeman, there, with the prisoner
in his custody. He gave me a pistol ; the barrel of it was
warm. I observed the muzzle also, and I should say that, from
its appearance, it had recently been discharged. Ilearchcd
him at Gardener's-lane, and found on him the small cover of a
memorandum-book, one penny, a portion of gunpowder, and
two keys,—( The gunpOwder was produced in Court). There
is enough to load the pistol once if loaded from tla ingnlo. ar

there are about four; charges if the barrel were unscrewed and
the pistol loaded in that way.
Cross-examined—There was not a quarter of an wince weight
of powder.
George Pearson examined by Mr. Anoten US—I am an en-
graver on wood, and reside in Castle-street, Holborn On
Sunday the 29th of May I was in St. James's Park, at the time
when her Majesty's carriage was returning from chapel. I saw
the prisoner at the bar there also, and I saw him present a
pistol at the carriage. He did nothing more than present it ; he
did not fire it. He was about four or five yards from the car-
riage at the time. The occurrence took place about the middle
of the mall, and the prisoner was on the left side of the car-
riage. When the carriage had passed, he drooped the pistol,
end said, " They may take me if they like ; I don't care. I
was a fool that I didn't shoot." He then went away. I saw
the prisoner afterwards in prison amongst several others, and
recognised him. I have no doubt about his person.
James Robert Street examined by Mr. R. GURNEY—I am
shopman to Mr. Ravena, pawnbroker, of Tothill-street, West-
minster. I know the prisoner by sight. On the 27th May, he
came to my master's shop, and asked me if 1 had a pistol to
sell. I showed him two. The one produced is one of those
two; he offered me 3s. for it, which I agreed to take. He
paid me with three fourpenny pieces, a sixpence, and the re-
mainder in copper. The other pistol I showed was rather
larger than this, but the same kind of pistol, having a screw
barrel. I think there was no flint in the pistol when he
bought it.
11. Fridges examined by the ATTORNEY•GENERAL—I am
in the employ of an oilman in Upper Charles-street, West-
minster. The prisoner at the bar purchased a flint at my mas-
ter's shop on Friday, 27th of May, between three and five
o'clock in the afternoon. The price of the flint we s Id. I said
to him that flints were very rarely sold, hut at last I said I hail
found one among some old gun flints; he then gave me the
pistol to suit it with the flint, when said "there is no leather."
He made no answer, and I cut a piece of leather and fastened
the flint with it. The pistol produced is the same as I then
saw. I also observed to him that the pistol was a very
old one, and had no trigger, when he showed me that
by putting the pistol upon full cock, the trigger came out.
.lo not recollect that anything else passed. I saw him next at
Newgate, where I recognized him in the yard amongst several
niter prisoners. I have no doubt of his person. We sell gun-
powder at our shop.
Thomas Goule examined by Mr. WA DPINGTON—I live in
York-street, Westminster, and sell gunpowder. On 27th
%lay, about eight in the evening, some one bought a halfpenny
.worth of gunpowder at my shop ; that is about half an ounce
m weight. I sold the gunpowder; it was of a coarse descrip-
tion. I should not knew the person again ; but the prisoner
very much resembles him.
Ann Briggs examined by Mr. WADDINGTON—My husband
keeps a shop in Brewer-street, Golden-square. He se 1,
powder and shot. On the 30th of May, the prisoner came to
our shop and asked for an ounce of gunpowder. He paid me
twopence for it without asking the price.
Cecilia Foster examined by the SOLICITOR-GENERAL—I live
at No. 106, Great Titchfield-street. The prisoner lodged at
my house from the 14th of January till the 27th. of May. He
had half a bed with another young man, and paid 3s. a week
for it. I believed him to be a carpenter by trade. He had
been out of work for some time before he left my lodgings.
George Gore was next called ; and as his name was on the
back of the indictment, he was examined by Mr. CLARKSON—
( am one of her Majesty's grooms, and was present when this
attack was made on her. I saw all that passed. Colonel
Arbuthnot was riding close by the Queen. I was six or seven
yards from the wheel of the carriage. I saw the person dis-
charge the pistol. He discharged it between Colonel Arbuthnot
and myself ; it appeared to be pointed at the centre of the hind
wheel of the carriage.
Cross-examined by the ATTORNEY GENERAL—I was behind
the carriage, on horseback, at the time. The horse I rode was
15 hands 2 inches high.
This closed the case on the part of the Crown.
The Court then adjourned for a short time, and on its re•
assembling,
Mr. CLARKSON rose to address the Jury for the defence.
He must confess that there was a great deal of the speech of
the Learned Attorney-General of which he highly approved ;
that there were parts from which he looked to the Learned
Judges to protect him and the prisoner ; for they would recol-
lect that in his very argumentative speech he not only remarked
upon the defence which would probably be set up on be-
half of the wretched man at the bar, but he im-
puted to him (Mr. Clarkson) that he would reconcile the
act, perhaps, to a mark of respect to her Majesty, or as he
said, he (I%ir. Clarkson) must say bethought somewhat inad-
vertently, as a feu de joie. They would hear, too, from the
Learned Judges whether they were to convict men upon sus•
picion—suspicion was enough to warrant an inquiry, but not a
conviction. They must think how they had been solicited by
the Learned Attorney-General to arm themselves with menli-
ness to discharge their duties, and not to permit any weakness
to operate in favour of the prisoner. Why should the
Attorney-General on the fifth day of the session
call on them to arm themselves with manliness ?
Were they not supposed to be always armed with the
manliness necessary for the vindication of the rights of
the Crown, the public, and the prisoners who came before
them? or were they now to whip themselves into a degree of
resolution, and to arm themselves with the manliness necessary
(or the discharge of their duties? These wards conveyed
more than would at first appear. No doubt every person must
be bowed down with shame to think that any man should be
guilty of the crime which had been proved against the pri-
soner ; yet was that a very different thing from the
crime of high treason. with which the prisoner was (Merged.
He thought he had obtained some little respect in the eyes of
the Attorney-General for common sense. Why, then, should
the Attorney-General say that it had been intimated to him
that the defence meant to be set up .by him (Mr. Clarkson)
was, that the prisoner was only expressing his loyalty by means
of a feu dejoie, atsd that defence was so contemptible, that he
would not insult the Jury by saying one word upon such a de-
fence? Where was the person who gave the At-
torney- General that intimation ? Who could it be ?
Was not the ease bad enough, abominable, disgusting,
sickening, without any feu de joie being mixed up with it ?
He felt the interests of the country were deeply involved in an
attempt upon the life of her Majesty. He felt that the inter-
ests of the country were deeply involved in the act which had
been doubtlessly proved against the prisoner. The circum-
stances out of which the indictment had arisen were supposed
to be considerably advanced by the fact that the prisoner had
presented a pistol at her Majesty the day before that on which
it was fired. If they should find that the act—the prisoner
poverty-stricken and obscure—committed on that day was
attended by no interruption, he thought that their eyes
would soon be opened to the motives which induced him to
act as he did, and they would not be left in the painful position
in which they must be at present. The pistol he bought
at a pawnbroker's shop, and it had been said by the excel-
lent officers who had been examined, to be able to
I carry about fifty pactee, if elevated so as to have its
full power. His Learned Friend said that a person in the
prisoner's situation would not purchase a bullet, but that he
would mould one himself. Where was the mould ? His lot-
ings had been searched, and nothing of the kind had been
discovered. But his Learned Friend said that they were to infer
that there was a bullet in the pistol ; not a bullet only ; they
were to infer that there was a bullet, or a piece of lead, or a
stone, which he might be able to pick up. Unless they came
• to the conclusion that the pistol was loaded with ball,
or same other hard substance, they could not find
him guilty. He would submit, however, under the direction of
their Lordships, that if the prisoner had even levelled the pis-
tol, laden with nothing whatever, he had been guilty of an
offence, under a recent Act, which would render him liable to
a long term of imprisonment.
Lord Chief Justice Tirae!. said that it would be competent
for the Jury to acquit the prisoner of the treason, and find
him guilty of the assault.
Mr. CLARKSON continued—He would beg now to direct the
attention of the Jury to the evidence of Colonel Arbuthnot.
The Colonel, cn this occasion, was riding close by the side
of her Majesty so as to cover her Majesty's person, on a
horse fourteen hands seven inches high, and the prisoner was
about seven feet from the carriage. He did not appear to be
at all disturbed or excited when he was taken into custody.
Let him ask then whether it was not almost a matter of <ter-
! tainty that if the pistol had been loaded some damage would
• have been done to the Colonel or his horse, or some
part of the carriage. His Learned Friend had not
asked Colonel Arbtuhnot one question as to whether he
thought there was a bullet in the pistol, or whether he hearth
the whiz of a ball, and the reason for no such suggestion
having been made must be, he (Mr. Clarkson) thought he
might assume, because up to this time the Colonel, who was
an old officer, and had seen five-and-twenty long years in
the army, had never, up to that time, said one word
about ball, bullet, lead, or stone. The man, however, who
, had been only 16 months in the army, four months of which
time he was in drill, was asked the question, and he was the
1 witness, and the only one, who said that the pistol containee any
thing more than pewder and wadding; and his Learned
Friend had not even asked him if he ever heard a
1 pistol fired in his life. Colonel Arbuthnot would not go further
than to say that the pistol was loaded with powder and wad-
i ding well rammed down. He (Mr. Clarkson) must confess
that this appeared to him to be any thing like evidence that the
pistol contained anything of a destructive character. Colonel
it itzgerald said not one word about bail or bullet, and Colonel
Wild said nothing more than that it appeared to him that there
must have been something in the pistol to compress the powder.
Some allowance should be made, too, for the excitement of
the witness, s' who, seeing her Majesty cruelly and brutally as-
sailed, gave him into custody, and were no doubt much
excited against him The witnesses Trounce and Lavinia
11 anchard carried the case no farther. The next witness was
Wm Richards, who stated nothing whatever relating to the
case. Then came Inspector Russell, who searched the prisoner
and found nothing of consequence, as Col. Will slid, except a
small quantity of gunpowder. Suppose now that her Ma-
jesty's sacred lite had not been concerned in this case, as
would to God it had cot, but that this were a cas t between two
private individuals, and that the prisoner were charged with
shooting at another perms with a bullet, he should, if such
had,, been the case, he did not know, but he should have
deemed it his duty to have submitted to their Lordships that
there was not evidence enough to carry the case to the Jury.
It was a notorious fact that the man Oxford, after
w hat he attempted some time ago, was now better
oft' than ever he was before. Might it not, then,
he inferred that the prisoner, a young man in great dis-
tress, without a penny to pay for his lodgings, might
be induced, by a desire for notoriety, he might almost say im-
portance, and in hopes of mending his condition, to act as he had
been proved to do? Look at what he did on Sunday—he pointed
the pistol at her Majesty, and said, " I don't care; they may
take use if they like. 1 was a fool not to shoot." Would the
Jury think that there was any bullet in the pistol then ? Would
'they believe that if there had been a bullet in it, he would have
caned attention to himself and invited his own apprehension,
lemming that the ball would be enough to constitute his guilt ?
Or would they not rather believe that, unloaded, he presented
the pistol with the desire of being apprehended, that his
late sad and wretched life might be changed for a
more comfortable one ? In that case the prisoner had
asked wantonly and foolishly and richly deserved tohu punished,
and no doubt he would be punished as he deserved. He, too,
would then entreat the Jury to exercise their manliness, and
protect the prisoner, anti he would beg of their Lordships to
steed between the prisoner and the Attorney -General's speech,
A ,feu de joie! A symbol of loyalty I Had they not heard rung
in heir ears from one end of the country to the other the base-
ness of this crime ? Had they not been told that Oxford should
have beet, extuuted, and then this would not have occurred?
Had they not been told that they (the Jury) must
be armed with manliness to convict the prisoner. In conclu.
sion, he begged of them to throw from them all inducements
to convict, amid the prejudices which had been east over this
ca e ; and might the Almighty arm them with man-
liness enough to stud between the Crown and the prisoner,
between the man and the justice sf the country. The verdict
would be theirs, and it would be handed down to posterity as
theirs; the speech of his Learned Friend, with hit iuducements
to them to convict, would also be handed down. He sat down
in a firm reliance upon the clemenoy and mercy of the Jury ;
and he had no doubt the justice of the country would be vine
dieated by their verdict.
This was the case for the defence.
At this part of the proceedings the ,inry retired for a few
minutes.

( We shall give the couclusion in our
THIRD EDITION.)

NR W COURT.
The Cetumon Sergeant presided in the New Court to-day,
lut the caws were all very trifling,

LAW INTELLIGENCJ
BENCH --
(THIS DAY)
(Before Lord DENMA iv and a Special Jury.)

THE QUEEN V. VS-ALTON.
This case, which was part-heard yesterday, and which sag
the repeal of a patent taken out by the defendant in 1834, for
application of a fabric of cloth and India rubber to the Purrcrot
forming the backs of cards for carding wool and cotton, —Oll
on again before the Court this morning. The allegation mr.
that the invention was not new, but had been used
Hancock so far back as 1824. The answer on the put
,0011
defendant was, that his mode of manufacture was differeto
that of Mr. Hancock, and that the manufactured fabric In°
fbigo
ip
consequence different, and that the invention was, therefore,
the light of a new one.
lb°
The case fot the prosecution had not not terming ,a,
we want to press, so that it is not probable the case said ""-
eluded day.
_A.. Mr.
g
The Solicitor-General, Mr. Thesi er, Mr. Rich'—d Sir'
Coning, and Mr. Cardwell were for the rosecution; 11;4.
I'. Wilde, Mr. Kelly, Mr. Sergeant Hoppa as, and sir. 11"
son, for the defendant. r