Part 23

The court then adjourned to the 5th of February following, when it again met at the same place, the Sessions House, Newington; and, on the same judges taking their seats, Edward Marcus Despard, John Wood, Thomas Broughton, John Francis, Thomas Phillips, Thomas Newman, Daniel Tyndall, John Doyle, James Sedgwick Wratten, William Lander, Arthur Graham, Samuel Smith, and John Macnamara were set to the bar, and, being arraigned, severally pleaded “Not guilty.” Despard had already had assigned to him for counsel Serjeant Best and Mr. Gurney. On the request of the other prisoners, Mr. Jekyll and Mr. Howell were assigned their counsel.

The prisoners’ counsel having signified that they should separate in their challenges of the jury, the Attorney-General stated that he should proceed first on the trial of Colonel Despard. The court then adjourned to the following Monday, the 7th February, when it met again, and the trial of Despard began before the same judges.

The counsel for the Crown were:—The Attorney-General, the Hon. Spencer Percival, afterwards First Lord of the Treasury, and Chancellor of the Exchequer; the Solicitor-General, Sir Thomas Manners Sutton, afterwards Lord Manners and Lord Chancellor of Ireland; Serjeant Shepherd, afterwards Sir Samuel Shepherd, Attorney-General, and Lord Chief Baron of the Exchequer of Scotland; Mr. Plumer, afterwards Sir Thomas Plumer, Solicitor General, and successively Vice-Chancellor of England and Master of the Rolls; Mr. Garrow, afterwards Sir William Garrow, Attorney-General, and a Baron of the Exchequer; the Common Serjeant; Mr. Wood, afterwards Sir George Wood, a Baron of the Exchequer; Mr. Fielding, afterwards a police-magistrate; Mr. Abbott, afterwards Sir Charles Abbott, Lord Chief Justice of the Court of King’s Bench, and Baron Tenterden. The solicitor for the Crown was Joseph White, Esq., Solicitor for the Affairs of his Majesty’s Treasury. The counsel for Colonel Despard were Serjeant Best, afterwards Sir William Draper Best, Lord Chief Justice of the Court of Common Pleas, and Baron Wynford; and Mr. Gurney, afterwards Sir John Gurney, a Baron of the Exchequer. The solicitor for Despard’s defence was Mr. Palmer, of Barnard’s Inn.

The indictment was opened by Mr. Abbott.

The Attorney-General, in addressing the jury, began by enforcing the necessity of a patient attention to his statement and a due consideration of the evidence. “No one,” he said, “would deny that, if there has been a plot to overturn the Constitution and destroy our Sovereign, the base conspirator should suffer his merited punishment, but the nature of the charge should not operate to his disadvantage; the grand principle of our law ought rather to be confirmed, ‘that every man should be considered innocent till he is found guilty.’” The Attorney-General then adverted to the nature of the crime of treason, and expressed his expectation that, if the charge were substantiated, the jury would pronounce the prisoner guilty without the least hesitation; and, after many remarks to show that there was not the least ground for suspecting the prosecution to have been brought forward from any party motive or prejudice on the side of Government, he concluded his preliminary remarks with observing, that from the clearness of the evidence, the trial could not be long. He then proceeded to state the counts in the indictment, which were three in number, and charged the acts to have been done with the intention of compassing the death of the king, imprisoning his person, and dethroning him. To prove the criminal intention, an overt act is necessary, and in this indictment eight overt acts were stated, which were divided into two classes: the four first charged the seduction of his Majesty’s troops, for the purpose of assassinating and imprisoning him; and the remainder, plans for the accomplishing of these purposes. After fully stating the law respecting treason and conspiracy, the Attorney-General read over the names of the persons included in the indictment, and observed that ten of them, besides the prisoner, were apprehended at the Oakley Arms on the 16th November. It appeared that, in the last spring, a detachment of Guards returned from Chatham, and shortly afterwards a conspiracy was formed for overturning the Government; a society was established for the extension of liberty, of which two men, named Francis and Wood, were very active members; they frequently attempted to seduce soldiers into the association, and sometimes with success. Francis administered unlawful oaths to those that yielded, and among others were two named Blaine and Windsor, giving them two or three copies of the oath that they might be enabled to make proselytes in their turn. Windsor soon after becoming dissatisfied gave information to a Mr. Bownas, and showed him a copy of the oath. This gentleman invited him to continue a member of the association, that he might learn whether there were any persons of consequence engaged in it. The prisoner at the bar tendered this oath; it was found in the possession of Broughton, Smith, and others. It was printed on the cards in these words:—“Constitution! the independence of Great Britain and Ireland! an equalisation of civil, political, and religious rights! an ample provision for the families of the heroes who shall fall in the contest! a liberal reward for distinguished merit! These are the objects for which we contend, and to obtain these objects we swear to be united.”

The form of the oath was:—“In the awful presence of Almighty God, I, A. B., do voluntarily declare that I will endeavour to the utmost of my power to obtain the objects of this union—namely, to recover those rights which the Supreme Being in His infinite bounty has given to all men; that neither hopes nor fears, rewards nor punishments, shall induce me to give any information, directly or indirectly, concerning the business, or of any members of this or of any similar society, so help me God!”

The Attorney-General then commented on different passages contained in this oath, and endeavoured to show that it could only bear a treasonable interpretation. Proceeding in his statement, he observed that, about the middle of summer, the conspirators began to think it might be dangerous for them always to meet at the same place. To avoid suspicion, they therefore went to various public-houses in Windmill-street, Oxford-street, St. Giles’s, Hatton Garden, Whitechapel, in the Borough, about the Tower, and to the Oakley Arms in Lambeth. To these meetings they invited soldiers, and treated them; toasts were given to answer the objects of the association, such as “the Cause of Liberty,” “Extension of Rights,” “the Model of France,” &c. They now increased greatly in audacity, and were betrayed by their confidence into the greatest extravagances; some of them proposed a day for attacking the Tower, and the great blow was to have been struck on the 16th November, the day on which the king first intended to go to Parliament.

“I shall hasten,” continued the Attorney-General, “in the statement of my evidence, to the later scenes of this conspiracy; because, during the early part of it, excepting in the instances of endeavouring to administer these unlawful oaths, the evidence will not bring Despard very forward in the conspiracy. But when it appeared to approach a little more to its maturity, the colonel appears a more conspicuous character. The events of the last week previous to his arrest will furnish me, I think, with no less than four opportunities of showing him connected with these conspirators, in most treasonable communication upon the design. On the Tuesday preceding the Tuesday on which they were arrested, on the 9th November, he was at the same Oakley Arms, in company with some of the same traitors in whose company he was found on the 16th. Broughton is a name I particularly recollect, who, I think, was the person that invited the witness whom I shall call to prove his having been there, and represented that the time was now approaching when it was intended that a great stroke should be struck. You may recollect that his Majesty had intended to meet his Parliament, the last sessions, a week sooner than he actually did. It was intended that he should have met Parliament on the 16th instead of the 23rd; and on the 16th it was the intention of these conspirators, supposing his Majesty had on that day gone down to the House, to have carried into effect this plan of destroying him. On the night of the 9th of November, I shall show the prisoner to have been present amongst these conspirators. I shall prove him likewise to have been present at a meeting that will be very particularly deserving of your attention on the Friday. The same Broughton will be proved to have prevailed upon two persons, whom I shall call to you as witnesses—Windsor was one of them, and Emblin another—to go on the Friday to the Flying Horse, at Newington, Broughton telling them that if they went, they would meet a nice man there, and find that things were in a fine train. They accordingly went, and the nice man whom they found, and to whom they were there introduced, was Colonel Despard, the prisoner at the bar....

“That meeting lasted about two hours; and the plan of carrying this treason into execution was the main subject of conversation. The mode in which the Tower was watched and guarded was one topic of conversation, with a view to see what facilities or difficulties might attend an attack upon that place. The principal thing, however, which will require your consideration, was the plan of intercepting the king in his way down to the Parliament House; this was discussed. The difficulties attending it—the mode in which these difficulties were to be met with and got rid of—were parts of the conversation supported by different persons. I think it was Broughton who suggested that one good way would be to shoot the horses of the coach, and then the coach would necessarily stop; upon which it was observed by one of them that the Life Guards who were surrounding the coach would cut down any man who attempted to approach it; and on this occasion the prisoner at the bar made use of expressions which will be particularly spoken to, and will be particularly worthy of your attention. Upon its being stated that the Life Guards would resist any attempt that should be made upon the coach, and cut down any man who should approach it, and on its being asked who would be found to do it, he said that if no one else would do it, he would do it himself, accompanying it with an expression strongly demonstrative of the turn and frame of his mind at the moment, and of the desperate extent to which he meant to carry his treason; accompanying his expression by no less remarkable words than these: “I have well weighed the matter, and my heart is callous.” Gentlemen, this cannot be equivocal; callous, indeed, must be the heart which meditated the plan that I charge against him; and the expression could hardly be used with reference to any other.”

The Attorney-General then observed, that Government was well aware of the proceedings of these people, but would not interfere while danger was at a distance; however, when the schemes were nearly completed, about thirty prisoners were arrested at the Oakley Arms, and a sufficient body of evidence collected to prove them guilty. The conspirators consisted of the lowest order of the people, as journeymen, day-labourers, and common soldiers, with the exception, however, of the prisoner at the bar. Several were discharged; and Windsor, the evidence, came after the arrest, and offered to deliver himself up and communicate all information in his power: on his testimony several others were taken into custody. These were the principal points in the speech of the Attorney-General; but he continued for some time to expatiate on the probable system of defence for the prisoners, which he conceived would be principally an attack on the credibility of the witnesses: he contended that an accomplice is competent; observed that there could not be a doubt of the guilt of some of the prisoners; and that the papers were sufficient to prove the conspiracy, independent of oral testimony. He concluded thus:—

“I trust you will have no extraordinary feeling that should lead you to think that you are to endeavour to extricate the prisoner by any strain of ingenuity or of conscience in this case, which would not be properly applicable to another. Undoubtedly the nature of the charge is such as requires, as I stated, your most anxious attention. It is one of the blackest and most mischievous that can come before you; but when it is brought home to the prisoner, the effect of these considerations is at an end. That he will even then, and to the last, be entitled to the fullest possible measure of justice at your hands, is that which unquestionably is true. His title to justice he can never forfeit; it cannot be forfeited in a court constituted as this is; administering English law by an English jury, under the direction of English judges; but that there shall be any feeling of humanity, which should be restlessly anxious to extend itself in his favour beyond those bounds within which both public and private duty confine it, is that which the prisoner has no title to expect, is that against which the public have a right to protest and to reclaim. I fear I have troubled you too long; I shall now proceed to call the witnesses, and if I do lay before you the evidence as I have opened it, confirmed as I have stated that it will be confirmed, I apprehend your duty to convict the prisoner, however painful the discharge of that duty may be to your feelings, will be indispensable.”

Counsel then proceeded to call the witnesses for the prosecution.

Mr. J. Stafford, clerk to the magistrates of Union Hall, stated the arrest of the prisoners. Colonel Despard at first refused to be searched, but afterwards submitted, though nothing was found on him. There were three papers on the floor, which proved to be the oath, &c., already mentioned. Several police-officers proved the presence of Colonel Despard at the Oakley Arms.

Thomas Windsor, the principal evidence, said he was a private in the Guards, and that on his return from Chatham in March, he received some papers from John Francis which were similar to those already mentioned. Francis told him the object of the party was to overturn the present tyrannical system of government. The manner of taking the oath was by reading it secretly and then kissing the card. One object of the members was to raise subscriptions for delegates to go into the country, and to pay for affidavits. The society was divided into companies of ten men, commanded by another who bore the title of colonel. Francis and a person named Macnamara called themselves colonels. Encouragements were given to get a number of recruits, for which purpose cards were to be distributed through the country; afterwards, the witness was introduced by Broughton to Colonel Despard, at Newington, when in the course of conversation the colonel said that a regular organization in the country was necessary, and he believed that it was general. The people were everywhere ripe, and were anxious for the moment of the attack; “and,” added he, “I believe this to be the moment, particularly in Leeds, Sheffield, Birmingham, and every great town throughout the kingdom. I have walked twenty miles a day, and wherever I have been the people are ripe.” Colonel Despard then said that the attack was to be made on the day when the king would go to Parliament. He then repeated the words used by the colonel respecting the callousness of his heart, and stated that, after the destruction of the king, it was proposed the mail coaches should be stopped as a signal to the people in the country that the revolt had taken place in London. The colonel was cautious as to the admission of new members. At another meeting the colonel, accompanied by Heron, a discharged soldier, and another person, observed, “We have been deceived as to the number of arms in the Bank: there are only six hundred stand there, and they have taken the hammers to render them useless, as they must have been apprised of our intention.” They then returned to a public-house, when the colonel said privately to the witness, “Windsor, the king must be put to death the day he goes to the House, and then the people will be at liberty.” He said he would himself make the attack upon his majesty if he could get no assistance on that (meaning the Middlesex) side of the water. The prisoner Wood said, that when the king was going to the House, he would post himself as sentry over the great gun in the park; that he would load it and fire at his majesty’s coach as he passed through the park. Wood might in the course of his duty be sometimes placed as a sentry over that gun.

Mr. Bownas proved the copy of the “constitution” and oath given to him by Windsor.

Thomas Blaise, a private in the second battalion of Guards, deposed that Wood had told him of the union of several gentlemen who had determined to form an independent constitution at the risk of their lives and fortunes: he said the executive government had appointed Francis to be colonel of the first regiment of National Guards. Macnamara called upon Francis to point out three colonels and one artillery officer, and charged him to do it with the utmost impartiality. Francis then pointed out him (the witness) as a proper man for a colonel. The commissions were to be distributed previous to the attack, when one of the persons, named Pendril, observed, that if it had not been for four or five cowards it would have taken place before that day, adding that he himself could bring a thousand men into the field, and if any man showed symptoms of cowardice he would blow his brains out; if anybody dared to betray the secret, that man, he said, should have a dagger in his heart. The witness then deposed to meeting with Colonel Despard at the Oakley Arms, on which occasion he heard much conversation about the best method of attacking the king: some said the Parliament house must also be attacked, and after that they must file away for the Tower. This witness, on his cross-examination, admitted that he had been three times tried by a court-martial for desertion, and accused of theft.

William Francis, a private in the 1st Guards, deposed nearly to the same effect as the preceding witness, as to the nature of the oath which was read to him, because he could not read himself; he said, at one time there was an assemblage of people near the Tower, but they were immediately dispersed by orders from Colonel Despard, but he admitted that the oath was administered to him by the colonel himself; at one meeting the soldiers drew their bayonets, and said they were ready to die in the cause. On his cross-examination, he denied that he had ever been flogged, or had deserted.

John Connell, who had been arrested at the Oakley Arms and admitted evidence, denied that his name was John, and insisted that it was Patrick; he afterwards admitted that he was advised by the prisoner to play this trick on the counsel. He was dismissed.

Several other soldiers in the Guards gave evidence as to the meeting of societies for overturning the Government, under the name of “Free and Easy,” which met at different public-houses.

John Emblin, a watchmaker and a witness, who appeared to be of a superior understanding, deposed that he attended at the Oakley Arms on the suggestion of Lander, but disapproved of the plans. He also agreed in stating the plan of attack already mentioned, which was explained to him by Broughton, Graham, and others. Colonel Despard informed him that a very considerable force would come forward, particularly in all the great towns: and said that he had been engaged in this business for two years, and added, “I have travelled twenty miles to-day; everywhere I have been, the people are ripe and anxious for the moment of attack.” This witness deposed to the plan of shooting the horses, as well as to the remarkable expression of the colonel before mentioned; also to the conversation about seizing the Bank, when it was agreed that the Bank should be seized and the Tower taken. Various subordinate plans were also detailed by the witness; amongst others, Broughton told him, with an oath, that he was resolved to load the great gun in the park with four balls or chain-shots, and fire it at the king’s coach as he returned from the House.

Here the evidence for the Crown was closed.

Serjeant Best then addressed the jury on behalf of the prisoner, and endeavoured to show that, from the nature and spirit of our constitution, a person in his situation is entitled to peculiar favour. From the Act the 36 Geo. III., c. 7, on which the indictment was partly founded, he insisted that it is not by mere words spoken, that an accused person is to be found guilty, because a speech is subject to such serious misinterpretation. He laboured to show that words did not constitute an overt act; yet he admitted that the colonel was at some of the meetings, and that he might have spoken obnoxious words; but before he could be convicted, it was necessary to prove that he knew the meeting was of a treasonable nature. He denied that the printed card or paper was at all connected with the colonel, and cited the case of Layer and others (in the sixth vol. of the “State Trials”), to prove that the Crown did not content themselves with such trivial proofs as here adduced, and laid much stress on the circumstance of no arms having been prepared for the attack. His next object was to impeach the credibility of the witnesses, the concurrent testimony of whom was, in the present instance, of no more force than one. The great improbability of the story was his next point of argument, and he ridiculed the idea of fourteen or fifteen in a common tap-room, with no fire-arms but their tobacco-pipes, men of the lowest orders of society, who were to seize the King, the Bank, the Tower, and the members of both Houses of Parliament; in short, he considered the whole statement of the witnesses as too absurd to merit attention, and that Colonel Despard, who was a gentleman and a soldier, could not have embarked in such impracticable schemes unless he was bereft of reason. He then alluded to the past services of the colonel, who, in a joint command with Lord Nelson, had preserved one of our valuable colonies. It was known that the colonel had been suspected by Government; but though he had long been confined, there was not at that time sufficient evidence against him to go before a grand jury. He proceeded to comment on the character of the witnesses, and concluded thus:—