Part 93

"Central Criminal Court, to wit.--The jurors for our lady the Queen, upon their oath present, that Edward Oxford, late of Westminster, in the county of Middlesex, labourer, being a subject of our lady the Queen, heretofore, to wit on the 10th of June, in the year of our Lord 1840, within the jurisdiction of the said court, as a false traitor to our lady the Queen, maliciously and traitorously, with force and arms, &c., did compass, imagine, and intend to bring and put our said lady the Queen to death. And to fulfil, perfect, and bring to effect his most evil and wicked treason, and treasonable compassing and imagination aforesaid, he the said Edward Oxford, as such false traitor as aforesaid, to wit, on the said 10th day of June, in the year of our Lord, 1840, aforesaid, and within the jurisdiction of the said court, with force and arms, maliciously and traitorously did shoot off and discharge a certain pistol, the same then and there being loaded with gunpowder and a certain bullet, and which pistol he the said Edward Oxford then and there had and held in one of his hands at the person of our 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 further, to fulfil, perfect, and bring to effect his most evil and wicked treason and treasonable compassing and imagination aforesaid, he the said Edward Oxford, as such false traitor as aforesaid, afterwards, to wit, on the said 10th day of June, in the year of our lord 1840, aforesaid, and within the jurisdiction of the said court, with force and arms maliciously and traitorously did shoot off and discharge a certain other pistol, the same then and there being loaded with gunpowder and a certain bullet, and which pistol he the said Edward Oxford then and there had and held in one of his hands, at the person of our 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 then and there traitorously made a direct attempt against the life of our said lady the Queen, against the duty of the allegiance of him the said Edward Oxford, against the form of the statute in that case made and provided, and against the peace of our said lady the Queen, her crown, and dignity."

To this indictment the prisoner pleaded "Not Guilty," and upon the application for the postponement of his trial being granted, he appeared considerably disappointed at his being unable to remain any longer in court.

On the day of his trial, he observed the same demeanour, but he occasionally became more serious, and gave evident signs of his being now aware of the danger of his position. The same smile was, however, still observable, and the same eager curiosity and gratification at the crowded state of the court were exhibited by him.

The prosecution was conducted by the Attorney-General, the Solicitor-General, Sir F. Pollock, Mr. Adolphus, Mr. Wightman, and Mr. Gurney; and Mr. Sidney Taylor, and Mr. Bodkin, appeared for the defence.

The court was crowded to excess during the two days occupied by the trial, by persons of distinction.

The Attorney-General opened the case to the jury in the following address: He said "Gentlemen, the prisoner stands charged with the crime of high treason, the greatest crime known to the law, and he stands charged with that offence in its most aggravated form; he is charged with having made a direct attempt on the life of the sovereign. Gentlemen, that crime, according to the law of this country, and, indeed, of all countries in which monarchy is the form of government, must be considered as very heinous. By an act passed in the twenty-fifth year of the reign of King Edward III., by which the law of high treason in this country was defined, it is enacted, that if any one shall imagine and compass the death of the sovereign, and be guilty of an overt act to show the intention of such a crime, he shall be guilty of high treason. The offence is imagining and compassing the death of the sovereign, and that is to be proved by some overt act. It is upon this act, which has constituted the great safety for the liberties of England ever since it passed, that the prisoner is now indicted. The mode of conducting the trial is regulated by an act passed in the 40th year of the reign of King George III., the effect of which is this, that where in a trial for high treason the overt act to be proved shall be a direct attempt on the life of the sovereign, the trial shall be conducted in the same manner as in cases of murder. The object of this act was to give to the life of the sovereign the same protection as is afforded to the meanest subject of the land, because, before this statute, it was necessary, on an indictment for high treason, even where the life of the sovereign was attempted, or where that life had fallen a sacrifice to the wicked attempt, to prove the overt act by the testimony of two witnesses; and there were a number of forms required, which are most salutary and proper when the charge bears a political aspect, where the treason under consideration is allied to a rebellious conspiracy, where the circumstances to be considered may constitute constructive treason, or where the case presents a supposed difficulty in bringing the charge home to the prisoner, but which, when the overt act is an attempt directly at the life of the sovereign, the law, in its wisdom, has not deemed necessary. Gentlemen, the party now accused will have an ample opportunity for his defence; on his own application his trial was postponed, and he is now defended by my two learned friends opposite, of great ability and experience, and my learned friend, Mr. Sidney Taylor, will have an opportunity of addressing you, and of bringing forward all that can be urged in his favour. From the affidavit which was made in support of the application to the learned judge (Lord Chief Justice Tindal), we are informed that two questions will be submitted to your consideration. The first is, whether, supposing the prisoner to be accountable for his actions, he is guilty of the offence laid to his charge; and the second will be whether, at the time he committed the act, he was accountable for his actions. Now, gentlemen, the burden of the first issue is entirely upon the prosecution. The prisoner is still presumed to be innocent, and, unless clear and satisfactory evidence be produced to establish his guilt, it will be your duty to acquit him; but if, upon the evidence which I am instructed to lay before you, you should see no reason to disbelieve the witnesses, I cannot anticipate that any reasonable doubt can arise. The prisoner at the bar is, as you perceive, a young man, about eighteen or nineteen years of age, although you would hardly suppose that he was so old. He was born, as I understand, at Birmingham. He came when very young to London, and was sent to school at Lambeth. He afterwards served in many public-houses, in the capacity of what is called a barman. He first went, as I understand, to superintend the arrangement of the business of the bar at a public-house in Houndsditch, and then at one in High-street, Marylebone. He was next at another public-house, in Oxford-street. It seems that he left that service about the end of April. He then went into lodgings at No. 6, West-place, West-square, Lambeth, and that lodging he made his home till the period when this offence was committed. Gentlemen, it would appear that he had formed and matured a plan to make an attempt on the life of the sovereign. On the 4th of May, in the present year, when he was at his lodgings, he bought a pair of pistols from a person named Hayes, living in Blackfriars-road, for the sum of 2_l._ He bought at the same time a powder-flask. It will appear by the evidence that he practised shooting in shooting-galleries. He was at a shooting-gallery in Leicester-square, at a gallery in the Strand, and at another at the west end of the town. On Wednesday, the 3rd of June, a week before the day laid in the indictment, he went into the shop of a person named Gray, with whom he had been at school, in Bridge-road, Lambeth, and bought half a hundred copper caps to be used for firing. He asked Gray at the same time where he could buy some bullets, and three-penny worth of gunpowder. He was told where the bullets could be had, and Gray sold him some gunpowder. On the evening of the 9th of June he showed a loaded pistol; and when asked what he meant to do with it, he refused to tell, but said that he had been firing at a target. I now come, gentlemen, to the day in question, the 10th of June. You are probably aware that it is the custom of Her Majesty, Queen Victoria, since she has been united with Prince Albert, frequently to take an airing in the afternoon or evening in the Parks without any military escort, and with the simplicity of private life. This custom was well known to all her loyal subjects, and indeed to the whole community. It will appear that on this day, Wednesday, about four o'clock, the prisoner went into the Park. He saw Prince Albert returning from Woolwich, and going to the palace. The prisoner then went to Constitution-hill, and there remained expecting the appearance of the Queen. About six o'clock, the Queen, accompanied by her royal consort, left the palace in a low open carriage, drawn by four horses, and with two outriders, who went before, but with no other attendants. Her Majesty was seated on the left side of the carriage, and Prince Albert on the right. The carriage was driven up Constitution-hill. About one hundred and twenty yards from the Palace--that is, about one-third of the distance between the Palace and the Triumphal Arch there was the prisoner, Edward Oxford, watching their progress. He walked backwards and forwards, with his arms under the lapels of his coat. He was on the right-hand side, near the iron railings which divide Constitution-hill from the Green Park. When he saw the carriage, he turned round towards it; he drew a pistol from his breast, and then, as the carriage went on, discharged it. The providence of God averted the blow from her Majesty. The ball was heard to whiz by on the opposite side. In all probability her Majesty was quite unconscious at that moment that any attempt had been made upon her life. The carriage proceeded. The prisoner then looked back to see if any one was near to perceive him; he drew another pistol from his breast, whether with his right hand or his left is uncertain, and aimed at her Majesty. It would appear that her Majesty saw him fire, because she stooped down. Again the providence of God interfered. The prisoner fired, the ball was heard to whiz on the

[Illustration: _Oxford shooting at the Queen._

P. 587.]

other side--her Majesty escaped. The Queen immediately drove on, to allay the alarms which might be caused by news brought to her august parent with respect to an event so momentous. There was a considerable number of persons on the side of the Park between the road and the gardens of Buckingham Palace. Curiosity and loyalty had led many persons to that spot, in the expectation of her Majesty showing herself to her subjects. There was a man named Lowe, whom I shall call as a witness, who immediately rushed across, seized Oxford, and took the pistols from him. That person at first was believed to be the offender by the parties around, who said, 'You confounded rascal, how dare you shoot at our Queen?' On which Oxford said, 'It was I.' He was immediately taken into custody, and taken to the station-house, where he voluntarily put the question, 'Is the Queen hurt?' and on being told the Queen was not hurt, he was asked whether there were not bullets in the pistols, and he admitted at once that there were bullets. When he had been secured, and when it had been ascertained that his lodgings were, as he said, in West-place, West-square, a policeman was immediately despatched to search them. The prisoner occupied a room on the first pair back. The door of the room was open. The policemen found a box which undoubtedly belonged to the prisoner. That box was locked; but I shall show that he had in his pocket a key that fitted it, and that he acknowledged that it was his box, as were also the contents. The box was opened, and in it were found the following articles:--A sword and scabbard, two pistol-bags, some black crape, a powder-flask, three ounces of powder, a bullet-mould, five leaden bullets, and some percussion caps marked, and which had been bought by the prisoner from Gray, his schoolfellow. There was also found a pocket-book containing some papers. The box and its contents were brought to the station-house and shown to the prisoner, who stated that the papers belonged to him and that he meant to have destroyed them in the morning before he went out. These papers I will now read. The first bears no date: it is headed 'Young England;' and the rules and regulations are eleven in number. The learned gentleman then read the following paper:--

"'YOUNG ENGLAND.

RULES AND REGULATIONS.

"'1. That every member shall be provided with a brace of pistols, a sword, a rifle, and a dagger. The two latter to be kept at the committee-room.

"'2. That every member must, on entering, take the oath of allegiance to be true to the cause he has joined.

"'3. That every member must, on entering the house, give a signal to the sentry.

"'4. That every officer shall have a factitious name. His right name and address to be kept with the secretary.

"'5. That every member shall, when he is ordered to meet, be armed with a brace of pistols (loaded) and a sword to repel any attack; and also be provided with a black crape cap, to cover his face with--his marks of distinction outside.

"'6. That whenever any member wishes to introduce any new member, he must give satisfactory accounts of him to their superiors, and from thence to the counsel.

"'7. Any member who can procure an hundred men shall be promoted to the rank of captain.

"'8. Any member holding communications with any country agents must instantly forward the intelligence to the secretary.

"'9. That whenever any member is ordered down the country or abroad, he must take various disguises with him (as the labourer, the mechanic, and the gentleman), all of which he can obtain at the committee-room.

"'10. That any member wishing to absent himself for more than one month must obtain leave from the commander-in-chief.

"'11. That no member will be allowed to speak during any debate, nor allowed to ask more than two questions.

"'All the printed rules to be kept at the committee-room.

"'LIST OF PRINCIPAL MEMBERS.

'FACTITIOUS NAMES.

President--Gowrie Justinian Aloman Coloman Kenneth Godfrey Council--Hanibal Ernest Augustin Ethelred Ferdinand Nicholas Gregory Generals--Frederic Augustus Othoe Anthony Captains--Oxonian Mildon Louis Amadeus Lieutenants--Hercules Neptune Mars Albert.

'MARKS OF DISTINCTION.

'_Counsel_--A large white cockade. _President_--A black bow. _General_--Three red bows. _Captain_--Two red bows. _Lieutenant_--One red bow.

"'A. W. SMITH, Secretary.'

"There were in the same pocket-book three letters, purporting to be orders addressed by the same secretary, Smith, to Oxford: the first was as follows:--

"'Young England, May 16, 1839.

"'SIR--Our commander-in-chief was very glad to find that you answered his questions in such a straight-forward manner; you will be wanted to attend on the 21st of this month, as we expect one of the country agents in town on business of importance. Be sure and attend.

"'A. W. SMITH, Secretary.

"'P.S. You must not take any notice to the boy, nor ask him any questions.'

"Addressed--'Mr. Oxford, at Mr. Minton's, High-street, Marylebone.

"The next letter ran thus:--

"'Young England, Nov. 14, 1839.

"SIR--I am very glad to hear that you improve so much in your speeches. Your speech the last time you were here was beautiful. There was another one introduced last night by Lieutenant Mars, a fine, tall, gentlemanly-looking fellow, and it is said that he is a military officer, but his name has not yet transpired. Soon after he was introduced, we were alarmed by a violent knocking at the door; in an instant our faces were covered, we cocked our pistols, and with drawn swords stood waiting to receive the enemy. While one stood over the fire with the papers, another stood with lighted torch to fire the house. We then sent the old woman to open the door, and it proved to be some little boys who knocked at the door and ran away.

"'A. W. SMITH, Secretary.

"'You must attend on Wednesday next.'

"Addressed--'Mr. Oxford, at Mr. Farr's, Hat and Feathers, Goswell-street.'

"The last was in the following terms:--

"'Young England, April 3, 1840.

"'SIR--You are requested to attend to-night, as there is an extraordinary meeting to be holden, in consequence of having received some communications of an important nature from Hanover. You must attend, and if your master will not give you leave, you must come in defiance of him.

"'A. W. SMITH, Secretary.'

"Addressed--'Mr. Oxford, at Mr. Robinson's, Hog-in-the-Pound, Oxford-street.'"

"Under these circumstances, gentlemen, if the prisoner is accountable for his acts, will you say whether there is any reasonable doubt of his guilt? I should tell you that the balls, after a strict search has been made, have not been found; but I think that no one can entertain any serious doubt that the pistols were loaded with balls. I understand there were marks on the wall, which were examined immediately afterwards, and which some conceive must have been made by the balls from the pistols. I shall lay this evidence before you, but I acknowledge to you freely my own conviction that much weight is not to be attached to it. To my own mind it seems more probable that the balls went over the wall. I shall show that Oxford was not skilful in the use of pistols; and it is probable, in the confusion and flurry under which he must have laboured at such a moment, that the pistols were directed unsteadily, and that the balls went over the wall. Can there, however, be a doubt that the pistols were loaded? He buys bullets, he had them at his lodgings, there was also a mould in which to cast bullets in his box: he had been firing at a target; he had been practising at a shooting-gallery; and at the time, whatever he may have said since, after asking whether the queen was hurt, he voluntarily declared that the pistols were loaded. Under these circumstances, it appears to me that if the prisoner was at the time accountable for his actions, there can be no doubt of his guilt. But it is for you to hear the evidence that shall be given, and you are the judges of the fact. I now come to the second question, Whether the prisoner was accountable for his

## actions at the time when the offence was committed? And I will at once