Part 25

After the examination of this witness had closed, he evinced a disposition to stay in Court, on which the prisoner, Brunt, observed, “My Lord, the witness stays in Court.” Wilson then rose, and said, with great indignation, “My Lord, let that perjured villain be turned out of Court.” He then took his departure.

The EARL OF HARROWBY was next called, and repeated his former evidence.

JOHN BAKER, the butler to the Earl of Harrowby, corroborated his Lordship’s evidence.

RICHARD MUNDAY and GEORGE CAYLOCK proved the presence of the prisoner in Cato-street on the evening on which the plot was discovered.

GEORGE RUTHVEN, JAMES ELLIS, THOMAS WESTCOTT, and others belonging to the police-office in Bow-street, were then examined as to the seizure of the gang in Cato-street.

CAPTAIN FITZCLARENCE repeated the evidence which he had given on the former trial.

Mr. Gurney then stated to the Court, that the case for the prosecution was closed, except so far as related to the examination of the arms, ammunition, _&c._, which had been seized either in Cato-street, or on the premises of the conspirators. It would be more prudent to examine them by day-light.

The _Lord Chief-Baron_ acquiesced in the proposition, and adjourned the Court till the next day at nine o’clock.

SECOND DAY.--TUESDAY, _April 25_.

At nine o’clock in the morning the proceedings were resumed. The arms and ammunition were brought in, and underwent an inspection in presence of the Jury.

Mr. GURNEY proceeded to call

GEORGE RUTHVEN, who had seized the arms found in Cato-street. He identified certain arms placed on the table of the Court as the arms which he had seized, and repeated the evidence which he had given on the former trials. He also produced the grenades.

HECTOR MORRISON said, that he had sharpened a sword, which was produced to him, from heel to point, by desire of Ings.

SAMUEL TAUNTON produced several pike-heads, fire-balls, cartridges, _&c._, which were found at Brunt’s and Tidd’s lodgings, and repeated his former evidence.

SERGEANT HANSON described the composition of the fire-balls, and opened one of the grenades for the satisfaction of the Jury. It contained twenty-five pieces of old iron. He stated, that it was quite clear that it had not been made by any military man. His evidence was the same as it had been on the former occasions.

The case for the prosecution was then closed.

THE DEFENCE.

Mr. CURWOOD addressed the Jury on behalf of the prisoner, and urged all those topics already detailed in his former speeches. He concluded by calling a witness of the name of JOHN BENNETT, who was accordingly sworn and put into the box, but before his examination commenced,

Mr. Gurney begged to ask the purpose for which this witness was called.

Mr. Curwood stated, that he was to contradict part of the testimony given by the witness Hyden, in his cross-examination.

Mr. Gurney observed, that he had a few observations to make regarding the relevancy of the evidence of this witness, and therefore desired that he might be ordered to withdraw for a few moments from Court.

The witness accordingly withdrew.

Mr. Gurney then observed, that he conceived that this witness was called to prove that Hyden had asked him to go with him to the shoemakers’-club, because something would be done there for the good of the country. Now Hyden refused to swear that he had not used such expressions; he said that he thought that he had not, but he could not positively tell. Supposing then that Bennett were to prove the words imputed by the learned Counsel to Hyden, he would not prove any thing which would invalidate Hyden’s testimony. He therefore hoped that his learned friend would not waste the time of the Court by calling this witness.

Mr. Curwood stated, that Hyden had sworn that he had never made use of the words imputed to him. He, therefore, intended to call evidence to prove that he had.

The Judges then referred to their notes, and after examination of them, said that Mr. Curwood was mistaken in his opinion as to Hyden’s words; they were to the effect stated by Mr. Gurney.

Mr. Curwood then declined to call Bennet, and said that he had no other witness to examine.

Mr. ADOLPHUS then shortly addressed the Jury on the same side with Mr. Curwood. He took a comprehensive view of the whole of the evidence; denied that the evidence of Adams, the accomplice, was entitled to the slightest credit; and contended that, as it was not supported by more credible witnesses, the offence of which the prisoner had been guilty, however great, did not amount to the charge in the indictment of high treason. He concluded his address, in which he displayed much zeal and ability, by appealing to the Jury on the danger to society of receiving the unsupported evidence of an avowed accomplice, in a crime of a nature so serious as that with which the prisoner stood charged. He entreated them not to convict the prisoner because he was a bad man, but to examine how far the charge against him had been substantiated.

A Juror rose and observed, that there was no evidence in the present case of the ammunition having been brought back to Brunt’s house.

The Chief-Baron said there was not, or of several other matters alleged, which he would advert to afterwards.

Mr. Adolphus said he had no intention of overstating any point; that he had been unavoidably absent during part of the trial, and that might have occasioned some inaccuracies--

The Solicitor-General interposed, and Mr. Adolphus sat down without any further remark.

While Mr. Adolphus was delivering his address, Mr. Harmer’s clerk delivered to the prisoner a written paper, which he began to read; but he did not seem to view its contents with much attention.

The Chief Baron addressing the prisoner, said, “John Thomas Brunt; your learned counsel have concluded their very able defence; but if you wish to say any thing in your own defence, this is the time.”

The prisoner then rose and spoke as follows:--

“My Lord, I have had a defence put into my hands only a few minutes ago, which I have not had time to peruse over. Yet I have two or three observations to make respecting the evidence--particularly respecting the evidence of Monument. It’s quite useless for me to deny that I was in the room in Cato-street; but immediately on the arrival of Monument in Cato-street, he approached me, and asked me what was going to be done, when he saw the arms on the bench; to which I replied, that I was not aware of any thing being going to be done, for that Edwards had not brought so many men by thirty as he stated he would bring, and that it was not my intention to endeavour to do any thing with so few men. I would not be led by any individual. Accordingly, perceiving that Monument betrayed a great deal of fear, I persuaded him to go away.

“My Lord, a considerable stress has been laid upon what I said respecting the number of men who were to go to Lord Harrowby’s house. This I declare was not true. I will admit, my Lord, that when Thistlewood, as has been stated, addressed himself to the few men who were there, and spoke, as the witness said, that if they did not go it would be another Despard job, that some few men did go into the small room; but, my Lord, it never came into my mind, I solemnly protest, to go there. They were endeavouring to see if fourteen or fifteen men were disposed to go to the square; but I would not agree to a plan which I knew must expose these few individuals to instant death.

“I will now call your Lordship’s attention to two circumstances respecting the conduct of myself. In the first place, Adams says, in order to implicate me more deeply, that I declared that I would go into the room and blow the house about their ears. This, my Lord, is false. For you see that when Monument comes forward, he makes a declaration to you, gentlemen of the Jury, that I declared I would go myself and bury myself in the ruins. Is this consistent?--is it upon such evidence as this, that you will deprive a son of a father, and a wife of a husband?

“I should wish to advert to another circumstance. While I was in Coldbath-fields prison,--when I was there for nearly three days, during which I was scarcely out of my room, even to wash myself. When I came down out of my room to the fire I saw Monument; I saw Strange; I saw Cooper; I saw Bradburn. Monument, my Lord, came to me, and sat himself down close by me, and whispered in my ear these words: he said, ‘What did you say when you came before the Privy Council?’ I says, ‘That I said I knew nothing about the matter.’ This, my Lord, induced me to ask Monument what he said? and I says, ‘What did you say?’ upon which he says, ‘I could say nothing--you told me nothing. Why did you not tell me more?’ I says, ‘It were impossible for me to tell you what I did not know myself. You know very well, that when you saw the man call on us to go into the small room I declined.’

“I admit, as was said by Adams, that I was one that was named to go to the house; but, gentlemen of the Jury, you were not told that he was the villain who so named me, and that he constantly came to my house twice a-day, although he now comes to give evidence to deprive me of my life.

“I am no traitor--I was determined, when I entered into this base plot, that I would lose my life sooner than I would betray an individual. I would be put to death--I would die on the rack, rather than I would betray a fellow-creature. This is my principle. This shews the intention of Monument to betray me.

“Now, my Lord, I come to advert to a circumstance which occurred to me at Cambray, in France. It becomes me to state any thing which may be of use to me and my fellow-prisoners. While I was in Cambray, in France, my Lord, I met Adams when I first came from Paris. Adams worked for the officers, and I assisted him in work which he was incapable of performing himself. He afterwards became so jealous, that he threatened to take my life, and I was obliged to leave the house, which I did, and I never worked for him again. I afterwards went from Cambray to Lisle, where I worked for an English tradesman of the name of Brailsford. I worked for him two or three months, until I got a little money. During this time I knew nothing of Adams.

“When I came home I found that my wife had lost her senses, and was in St. Luke’s, in consequence of her having heard that my son and myself had been assassinated in France. I settled myself, and my wife shortly after came out. I got a good seat of work, and at this time I was persuaded to receive, as my apprentice, Hale, the witness, who has been called to you.”

Here the prisoner entered into some details relative to the character of the relations of Hale, in which he was interrupted by the Chief Baron, upon the principle, that these persons were in no way connected with the present case. He then went on to detail a variety of acts on the part of his apprentice, all tending to prove him a person of bad character, and unworthy of credit, to which he said, if he had the means, he could bring evidence. He then spoke as follows:--

“Of Hyden I know nothing.” Here he again referred to the written defence with which he had been furnished. He said he had not had time to read it, but continued.

“I wish to advert to a person of the name of Edwards, who was the first person that ever instigated me to enter into this snare. This Mr. Edwards I first saw in company with Mr. Thistlewood, at the White Lyon in Wych-street. This Edwards came to my lodging in Fox-court. I was very short of work, and he used frequently to call on me--such a thing as two or three times a-day; and this was long before the back room was taken. If I was not at home he would wait for me; and often followed me to places where I went for work. This was the case at the house of a gentleman of the name of Scott, who saw him, and asked me if he was waiting for me? and said, ‘Why does he not come in?’

“This man constantly harassed me, and oftentimes, my Lord, he supplied me with money. He told me, and I can bring other people to prove it, that he said that if he could get a hundred such men as me, he could do any thing. He considered me a staunch man, my Lord, and thought, I suppose, that I was a fit man to make a prey of. He often took me out to call on people, and to treat them with drink. This was his constant practice. He was continually with me before this business; and I solemnly declare, that this was the individual, and not Mr. Thistlewood, who brought me into this plot.

“I must now, my Lord, advert to what took place in Cato-street, and to his (Edwards’s) conduct on that evening. I will state nothing but the truth.

“My Lord, from the different favours I received from Edwards, I had a good opinion of the man. When the officers came up into the room in Cato-street, I made my escape in the best manner I could. I did not make my escape, however, like a coward or a traitor, I did not desert my companions. I went immediately to Grosvenor-square, where I knew this villain was, although I shall, probably, by his means, be sent into another world very shortly. I went to the villain, and told him what had happened; at which he seemed very much surprised, and left the square with me.

“Shortly after up came Thistlewood and another person, who was in the room in Cato-street; but who has not since been taken, nor never will I dare say, my Lord. However, we proceeded from Grosvenor-square, and he took us into several wine-vaults to drink; I now believe, merely for some person to identify us. I then went to Fox-court, Holborn, where I had not been many minutes, when, as my apprentice stated, another man came in, who said he had received a violent blow in the side. But my apprentice has not stated, as the fact was, that the very individual who came on the stairs and called us out, was Edwards.

“We went with him; and, on going into Holborn, there we met a man of the name of Palin, and three more individuals with him. We went altogether into Mr. Thompson’s wine-vaults, opposite St. Andrew’s Church, on Holborn-hill. We drank some small glasses of liquor. When we came out of the shop, we were followed very shortly by Edwards, who called me on one side, and said he wished to speak to me. I heard what he had to say. He began to find fault with Palin, who was drunk. He declared that he was the man that had betrayed us, and that he was unworthy to live. He said, that, to prevent treachery, he ought to be made away with.

“From that we walked on till we came to Little Britain, or somewhere thereabouts. We came to a dark place, where Edwards said that Cook lived; but I did not know myself. He urged me again respecting Palin, who still remained much intoxicated. He said to me, that it would be the safest way to put him out of the world. He urged me several times to assassinate Palin. He then put his hand in his pocket, and pulled out a brass-barrelled loaded pistol, with which he told me to assassinate Palin. He likewise offered me a sword-stick; and he said, ‘If you put him out of the world, we shall be safe.’ He also shewed me a constable’s staff; and said, ‘I will act in the same capacity as I did in Grosvenor-square; and, if there is any alarm, I will officiate as an officer, and you may depend on it no discovery will take place.’

“Finding he entreated me to be guilty of murder, I made this reply: ‘If you consider Palin a villain, the weapons are in good hands.’ Finding he could not entreat me to commit murder, he says, ‘I must wish you a good night; I am going to conduct Thistlewood to some secret place.’ As he had always appeared to be a particular friend of Mr. Thistlewood’s, I thought he was the most proper person to do this.

“Knowing of no evil intention myself against any individual, I was determined not to know where he went; and I consented to bid him good night. I then went home. Edwards afterwards came to me, and whispered to me, and told me that he thought Palin and Potter had betrayed us, and that he had not the smallest doubt of it. He then advised me to send the articles which were found in the basket in the back-room, and which my apprentice has described, over to a place in the Borough, which I was going to do, but afterwards abandoned that intention.

“This is all I wish to say respecting what I know of the plot. Now Edwards was the man who always found money, and who went about to old-iron shops, buying pistols and swords, and other things for the men who could not afford to buy them themselves.

“This, I declare before God, whose awful tribunal I shall, in all probability, ere long, be summoned to attend, is the truth. Should I die by this case, I have been seduced by a villain, who, I have no doubt, has been employed by Government. I could not have abused confidence reposed in me; and, if I die, I shall die not unworthy the descendant of an ancient Briton! Sooner than I would betray a fellow-man, I would rather suffer a thousand deaths! This is all that I wish to say.”

The prisoner delivered the last part of his speech with great energy, striking his clenched fist on the board before him. He then took his seat with perfect composure, holding in his hand the defence which he had made no use of.

The CHIEF BARON began to sum up the evidence; but, while his Lordship was proceeding, Brunt said, “My Lord, there are some of the witnesses for the prosecution in Court; and, as their hearing the evidence summed up may prejudice the trial of some of my fellow-prisoners, I hope your Lordship will order them to withdraw.”

Mr. Gurney.--My Lord, they are only those witnesses who were permitted to remain by common consent; they are the officers.

The Lord Chief Baron.--They are only those whom your Counsel have consented to remain.

Mr. Baron Garrow repeated the same observation to the prisoner, who bowed respectfully to the Court, and resumed his seat.

The CHIEF BARON began his charge to the Jury by telling them, that this was not constructive treason. A nefarious assassination was admitted by the Counsel for the prisoner, and by the prisoner himself, to have been intended; an assassination of some of the most honourable and the most amiable of the King’s subjects.

His Lordship then read the evidence.

In recapitulating the evidence of Adams, his Lordship observed, upon that part where he (Adams) mentioned “that he had been induced to give up Christianity by reading that infernal work, Paine’s _Age of Reason_, and the writings of Carlile,” that the circumstance was important for the consideration of the Jury. They would weigh every part of his testimony with jealousy, considering the situation in which he was placed, and look upon his statement as requiring corroborative proof. Unless it was supported by such evidence, they would, of course, receive it with considerable hesitation; but if they found it corroborated by the evidence of unsuspected witnesses, they would consider of it accordingly. His Lordship then went through the evidence of the other witnesses, remarking upon those parts where they coincided with the account given by Adams. He then adverted to the arguments of the prisoner’s Counsel, and to the observations of the prisoner himself; which latter (though, perhaps, it might not have produced the impression which they could have wished, for the sake of the prisoner) they would give every attention to.

As soon as his Lordship concluded, and before the Jury retired, one of them addressed the Court: “My Lord, I hope your Lordship will allow me to ask a question as to a point of law.”

_The Lord Chief Baron._--Certainly, Sir; any thing you please.

_Juror._--My Lord, we are bound to take the law from your Lordship, and no doubt you will give it to us most correctly. I wish to know whether, if the evidence bore out that an arming had taken place, and that there was a resistance to the civil power, would that, in the law, be a levying of war?

_The Lord Chief Baron._--Undoubtedly. After a short pause, his Lordship said, “Gentlemen, do I understand the question rightly? Please to repeat it again.”

The Juror repeated the question; and his Lordship replied, that a resistance to the civil authority would not constitute a levying of war.

_The Juror._--My Lord, if there was an arming for the purpose of inducing his Majesty to change his measures, would that be a levying of war?

_The Lord Chief Baron._--That, gentlemen, would constitute a levying of war; and, if you believe that it was proved in evidence, it would support the indictment under the Act of his late Majesty. I put only the first and third counts to you, gentlemen, not to embarrass the case.

_The same Juror._--I would wish to consider the whole of the indictment. I hope your Lordship will excuse my asking these questions.

_The Lord Chief Baron._--Certainly, gentlemen, it is your province to consider the whole of the case before you. You have also an undoubted right to ask any questions you may think necessary.

The Jury then retired at twenty minutes before four; and in about ten minutes returned with a verdict of GUILTY on the THIRD and FOURTH COUNTS.

The prisoner’s appearance was in no degree altered by the annunciation of the verdict. He bowed slightly to the Court, and was removed in the care of two of the gaoler’s assistants.

TRIAL OF R. TIDD AND W. DAVIDSON.

SESSIONS-HOUSE, OLD BAILEY.

_First Day, Wednesday, April 26, 1820._

At ten minutes after nine o’clock, Mr. Baron Garrow, Mr. Justice Best, and the Common-Serjeant, took their seats on the bench; the Attorney-General, Mr. Gurney, and Mr. Bolland, and the prisoner’s counsel, Messrs. Adolphus and Curwood, appeared in Court at the same time.

After a short consultation between Mr. Curwood and the Attorney-General, Mr. Harmer quitted the Court, and proceeded to commune with the prisoners in the gaol.