Part 26

During the absence of Mr. Harmer, Mr. Baron Garrow addressed the gentlemen who were waiting to be called on as Jurors. “They might,” he said, “feel some surprise at the delay” and the Bench, therefore, felt it right to declare that the present interruption was caused entirely by an application made by the prisoners’ counsel. He hoped that the Jury would not consider the delay as intended to convey any want of respect towards them.

One of the Jurors said, he hoped the Court would allow them to sit down, as many of them had come a considerable distance to attend the Court.

Mr. Baron Garrow said, that the Court felt every disposition to accommodate, in every possible manner, the gentlemen of the Jury, and requested them to occupy the seats vacant in the Court.

Soon afterwards Mr. Harmer returned to Court, and communicated to Mr. Curwood the result of his conference.

Mr. Curwood then, addressing Mr. Baron Garrow, stated, that a proposition, which he had thought for the benefit of his clients, had been acceded to by them, and that two of them (Tidd and Davidson) were willing to take their trials at the same time.

Mr. Baron Garrow then addressed the Jurymen, and said, “Gentlemen, I may now communicate to you that which it would have been improper to have made known to you before. The learned gentleman who appears here for the prisoners, and whose exertions you have witnessed upon more occasions than one, has thought fit to consult his clients as to whether it is necessary to pursue the course which has already been adopted in severing their challenges, or whether two of them might not take their trial by the same Jury. By this pause we have in effect saved time, for the two next prisoners have agreed not to sever their challenges, but to be tried at the same time.”

The prisoners, Tidd and Davidson, were then put to the bar; Mr. Shelton called over the list of the Jurors, and after a number of challenges on both sides, the following Jury was ultimately impanelled--

* W. Percy, Cleveland-street, Mary-le-bone, plasterer. J. G. Holmden, St. James’s-walk, Clerkenwell, fusee-cutter. J. King, Islington-road, Gent. C. E. Prescott, Colney-hatch, Esq. * Benjamin Rogers, Lampton, farmer. Charles Goldings, Jamaica-place, Limehouse, surveyor. Charles Page, Crouch-end, Esq. and merchant. * J. Young, Frederick-place, St. Pancras, Gent. William Butler, Hounslow, baker. Joseph Sheffield. William Churchill. * Samuel Grainger.

The Jurors thus marked * had served on some of the previous trials.

Davidson asked whether the Court would allow him and his fellow-prisoner to sit down. The Court complied with his request, and chairs were brought to them.

Mr. Gurney having stated the case with great clearness and ingenuity, he proceeded to call the witnesses for the Crown--beginning with,

ROBERT ADAMS. His evidence was the same as before, with some additions. He said, that when the proposition was made for assassinating the Ministers, it was added, that they had found out where they kept their specie, and that they were to return and plunder it. Bradburn was to make a box for the purpose of sending Castlereagh’s head to Ireland.

In cross-examination by Mr. Curwood, he said he came back to the belief in Christianity about the 24th of February--the day after he was in marvellous great danger of being hanged. The halter might have had some effect. It was never lawful in his sight to sweep off fifteen men in cold blood. He thought it was a cruel act when it was proposed. Nevertheless, from the 12th of January to the 23d of February, he still continued to frequent the society in which that matter was debated. He was once a chairman. The largest body he ever saw collected was in Cato-street. There was a talk of a great many more, but he did not know them by name. His single sword was all he agreed to contribute. He never heard where Mr. Cook’s party were to come from. Nobody objected to the proclamation written by Thistlewood--“Your tyrants are destroyed,” _&c._

He did not know a man of the name of Chambers, nor did he ever call upon such a man, and say he would have “wine and blood for supper,” and solicit him to join in this plot. His object in joining their

## parties was, to search further into the principles of Brunt; he joined

them because he had a foolish and curious idea to know what Brunt’s principles were; and for this reason he joined in this plot. He did not know a man of the name of Watman. Tidd did not say he had been deceived in the loft in Cato-street; but he said, “it never can be done.”

Tidd and Davidson now both expressed a wish to ask the witness some questions:

Mr. Baron Garrow humanely interposed, and suggested whether, for their own advantage, it would not be more consistent with prudence to put their questions through their Counsel, as they might do something prejudicial to themselves.

The prisoners both thanked his Lordship, and communicated to Mr. Harmer’s clerk, the inquiries which they wished to be made.

The witness then, in answer to questions put by Mr. Curwood, said, that he could not say that Davidson was armed in Cato-street; he did not notice any arms.

In re-examination by the Solicitor-General, he said that Davidson brought 500 bullets to Fox-court, on the 22d of February. He had changed his religion in consequence of reading Paine’s _Age of Reason_, which was put into his hand by the prisoner Tidd; he did not see Palin, or Cook, or Potter, in Cato-street; he did not know of what numbers their parties consisted.

ELEANOR WALKER, MARY ROGERS, JOSEPH HALE, (apprentice to Brunt), were then called; they repeated their former testimony as to the presence of Davidson and Tidd at the meetings in Fox-court.

Hale, in cross-examination by Mr. Curwood, said, that Edwards was oftener at the meetings in Fox-court than Adams.

THOMAS SMART and CHARLES BISSEX, watchmen in Grosvenor-square, were next called. They were followed by Hector Morrison, servant to Mr. Underwood, the cutler; Henry Gillan, of Mount-street, Grosvenor-square; Edward Simpson, James Aldous (pawnbroker), John Monument, and Thomas Hyden, who communicated the plot to Lord Harrowby. The last witness, in cross-examination, said, that he had known Wilson for a long time. He agreed to join in the plot to save himself. One evening at his friend Clark’s he was accused of not supporting the committee, and Davidson said, “those that did not come forward would be the men that they would first murder.” This made him agree to what Wilson said.

He knew a man named Bennet, but he never did ask him to attend ‘a private radical meeting.’ He believed, he said, he might speak or not speak when he was there, as he chose. He did not say “Radical meeting,” nor did he say that he must take up arms, if he were called upon so to do; he did not recollect saying so; he had no recollection that he ever did say so.

In re-examination, witness said he had been twice at a shoemakers’-club, where he saw Davidson, Wilson, and Harrison. This club was held at a public-house, called the Scotch Arms, in a court in the Strand. He asked Bennet to go there with him, and Clark; that was four or five or six months ago.

THOMAS MONUMENT, LORD HARROWBY, and JOHN BAKER, his Lordship’s butler, were next examined, in confirmation of the former witnesses; and these were followed by the officers and other persons who were present at the occurrences in Cato-street, and the subsequent arrest of Brunt and Thistlewood.

Tidd, in reference to Ruthven’s evidence, said, that Ruthven, on searching him, had said, “Curse me, here’s nothing here but a tobacco-box.”

Ruthven, on being asked by Mr. Baron Garrow, denied that he had made use of any such expression.

The Attorney-General now addressed their Lordships, and stated, “that the case for the Crown had now been concluded, with the exception of producing the arms and ammunition found in Cato-street and elsewhere. As it was now late, (five o’clock) the Court would perhaps defer the production of these things till the next morning.”

Mr. Baron Garrow:--“Gentlemen of the Jury, the case for the prosecution is now closed, all but the production of the arms. If by sitting late there were any probability of bringing the trial to a close this night, I should consult you as to the propriety of doing so; but as we cannot finish it by sitting late, and thereby exhausting ourselves, this is the best time for adjourning.”

Davidson stood up and addressed the Court:--“My Lord, as I have been taken by surprise, I am quite unprepared with my witnesses. I hope you will allow my wife to see me this night, that notice may be given them to attend.”

Mr. Baron Garrow:--“The Court has no power to make any order on the subject you have mentioned; but I can say that care will be taken that any proper person may be admitted to you for any proper purpose.”

The Court then adjourned till nine the next morning.

Davidson took notes during the day, and frequently sent communications to his counsel. He conducted himself altogether with great composure and propriety. He paid close attention, and made his remarks, both verbally and in writing, without effort or confusion.

Tidd seemed to have perfect self-possession, but a flush that occasionally animated his face indicated some hurry and eagerness of mind.

SECOND DAY.--THURSDAY, _April 27, 1820_.

This morning the Court assembled in pursuance of adjournment, at nine o’clock. The prisoners, Tidd and Davidson were immediately put to the bar. They were provided with chairs as on the preceding day. Davidson had a bible in his hand, which appeared to have been much read, and in the leaves of which were several marks. He had also a large book composed of sheets of paper sewn together, in which there appeared to be a good deal of writing, and in which he occasionally wrote while in court.

The arms, ammunition, and other materials of war, found in Cato-street, and in other places, connected with the machinations of the prisoners, were brought into court previous to the arrival of the judges.

The Court having been opened in the customary form, RUTHVEN, the Bow-street officer, was called, and described the arms and other articles taken in Cato-street, and on the persons of the prisoners. These were again separately exhibited to the Jury.

SAMUEL TAUNTON selected the ball cartridges, hand grenades, pike, handles, and arms found in the lodgings of Tidd, at Hole-in-the-wall-passage, Brook’s-market. We have already given their enumeration. The long sword and carbine, taken from Davidson when he was apprehended by Ellis and Chapman in Cato-street, as well as the pistol taken from Tidd, after he had attempted to discharge it at Lieutenant Fitzclarence, were next produced, and underwent a minute inspection.

Sergeant HANSON was next called; he repeated his description of the fire-balls, and the probable effects which would result from their being thrown upon buildings. He also explained the nature of the powder in flannel bags, which, as before, he stated were cartridges for six pounders. He then opened one of the hand-grenades, and exhibited its component parts to the Jury. This one was only armed with four large spike nails, but some of the others which were opened had no less than twenty-five separate pieces of old iron enfolded within the outer wrappings of rope-yarn. The large grenade, weighing nearly fourteen pounds, and constructed in the same way, but upon a larger scale, was not inspected.

Mr. Gurney announced that he had closed the evidence on the part of the Crown.

THE DEFENCE.

Mr. CURWOOD rose to address the Jury on the part of the prisoners. He said, “that he had now rose for the fourth time, to urge those topics on behalf of the unfortunate men at the bar, which he had previously submitted to other Juries in the course of these trials. The force of those topics remained in his mind undiminished; he was still conscientiously satisfied, that the charge of high treason in these cases was alone supported by the testimony of Adams,--a man, the infamy of whose character ought in his estimation, to deprive him of all claims to credit.”

The learned gentleman then went over the different points of the evidence, and contended with great ingenuity, “that whatever might have been the diabolical intentions of the prisoners--however ready they might have been to inflict vengeance on those whom they might suppose to be the authors of those melancholy transactions, but too frequently designated as ‘the Manchester Massacre,’--yet, that in all these things there was nothing in reason or common sense, that could lead to a fair and rational conclusion that they had it in contemplation either to compass and imagine the death of the king, or to levy war against the king.

“If the Jury, under all the circumstances, entertained with him this opinion, he had no doubt they would not hesitate to acquit the prisoners.”

During the time Mr. Curwood was addressing the Jury, Davidson took from his pocket a Bible, into several parts of which he inserted small pieces of paper, for the purpose of enabling him to turn more readily to certain passages which he intended to quote in his defence.

Mr. ADOLPHUS now called the witnesses for the defence.

MARY BARKER, the daughter of Tidd, deposed, that she knew Edwards and Adams. Edwards left at her father’s house, about a fortnight before the affair in Cato-street, a number of grenades and some powder. Adams also left a very large grenade. They were to be called for again. Edwards took them once away, and brought them back afterwards. They were taken away again on the 23d of February by Edwards; and some were brought back on the morning of the 24th, about a quarter of an hour before the officers came. She did not know the person by whom they were brought back. A box remained which had never been opened.

As the witness left the Court she squeezed her father’s hand. They both seemed much affected. Tears came into the eyes of Tidd, which he endeavoured to suppress. The daughter was in an agony of grief.

THOMAS CHAMBERS deposed, that he lived in Heathcote-court, Strand; Edwards and Adams repeatedly called upon him. They came together to his house about a week before the Cato-street business, when Edwards said, “Won’t you go along with us?” Witness said, “Go where?” when Edwards answered, “Oh, you must know that there is something on foot.” He replied, he did not; when Adams said, “We are going to kill his Majesty’s Ministers, and we shall have blood and wine for supper.” Edwards said, “By ----, Adams, you’re right.” On the Monday before the Cato-street business they came again. Edwards brought with him a bag, which he wished to leave with witness. He asked what it contained; when Edwards said, “Only some pistols, and things of that sort.” Witness would not receive it, and they went away. He saw no more of them.

In cross-examination, witness said, “I believe I have been sworn on the prayer-book. I never was sworn before above twice; I believe in Christianity. I was brought up in the Christian faith, and continue in it. I am no member of any faction. I never saw Paine’s works. I know the two prisoners. Davidson I know since the time of Mr. Hunt’s procession. Tidd I have known only in the trade. I cannot say how long; I might have known him at the Smithfield Meeting, and elsewhere. I attended all the meetings held in the open air. I scorn all secret meetings. I know Thistlewood, Ings, Harrison, Strange, and Bradburn. I carried banners in some of the processions. I carried no weapons. Thistlewood has been repeatedly at my house. I took all the flags to my house. I saw him also at the Black Dog, in Gray’s Inn-lane. I used to frequent the White Lion, in Wych-street; I went to attend the meetings there. They called themselves Reformers. I was always in the waggons with Hunt. When I refused to go with Adams and Edwards to kill his Majesty’s Ministers, I did not think they would ever get any persons to be so foolish as to join them. I may be a great fool, but not foolish enough to enter into such a scheme. I did not communicate the project to any magistrate. I never heard any thing said against his Majesty’s Ministers, more than what I saw in the newspapers. I do not read Paine’s works; I only read Cobbett, and have a drawer full of them. I also read the Prayer-book and Bible.”

JOHN BENNETT deposed, that he knew Hyden; he called on him to ask him to accompany him to a private radical meeting. He endeavoured to persuade him to go more than ten times. He told him, that he might hear and see what was doing; but he need not speak unless he liked.

Several witnesses were now called to the general character of the prisoners.

Mr. COOK, of Charlotte-street, Blackfriars’-road, knew Davidson six years ago; he then worked for him, and was an industrious hard-working man. He had not known much of him since.

Mr. M’WILLIAM, an architect, knew Davidson at Aberdeen, in the years 1800 and 1801; he was then studying mathematics; he had only seen him three or four times since in the streets, and was surprised to have been called on to give him a character. Davidson was, at the time he was at Aberdeen, an apprentice to a cabinet-maker. He had been at college, and had, in Mr. M’William’s estimation, “a gigantic mind.”

STEPHEN HALE, WILLIAM FRENCH, and SAMUEL LANDS, spoke to the general correctness of the conduct of Tidd in private life. He was an honest, industrious, hard-working man, and apparently much attached to his family. Other witnesses were expected, but did not attend.

Mr. ADOLPHUS addressed the Jury on behalf of the prisoners. His speech was marked by an acute examination of the whole of the evidence, a just and forcible reprobation of the atrocity of a betraying accomplice, and an energetic and powerful appeal to the Jury, not to condemn men on the evidence of an avowed conspirator, who had broken the bonds of society, forfeited his allegiance to his Sovereign, and his duty to God. The learned gentleman, in the course of a very eloquent speech of an hour and a half, remarked that it would be the last time he should appear on these trials.

_Baron Garrow_ then addressed the prisoner as follows:--“William Davidson, the law of England, in its excessive tenderness to persons indicted for high treason, has allowed them privileges of defence not extended to other cases. If, therefore, in addition to the able defence of your Counsel, you wish to say any thing, now is the time. Do it deliberately, and the Court will hear you attentively.”

_Davidson_ then rose, greatly agitated, and spoke nearly as follows:--“I am much obliged to your Lordship, and will call your attention to a few particulars in this instance. My Lord, from my life up, I have always maintained the character of an industrious and inoffensive man. I have no friends in England, but have always depended upon my own exertions for support. I have an extensive family, and for their sake alone is my life a value to me.

“The charge which has been brought against me, I can lay my hand upon my heart, and, in the presence of that God whom I revere, say I am not guilty of. Concerning how I came in possession of the blunderbuss I will state. I had a friend, whose name is Williamson, who told me he had bought an old blunderbuss, which was all over rust. He was going to the Cape of Good Hope, and gave it to me to clean.

“I have been doing business for myself for the last five years, and that is the reason I cannot bring any more of my employers than Mr. Cook to speak in my behalf. To Mr. Edwards I owe being brought into this situation. I never knew any thing of him till I attended Mr. Hunt’s procession; that was the first time I ever went into public in my life. Mr. Edwards told me that he would take me to a place to have this blunderbuss raffled for. When I went to the place, I there saw Mr. Thistlewood for the second time; I had previously seen him at Mr. Hunt’s dinner. I saw Mr. Adams there also, but I knew none of the others. Mr. Edwards proposed to commence raffling for the blunderbuss; but, as they did not put down any money, I would not agree. I then heard a great deal of improper language, and would not stop.

“I went to Mr. Williamson, who was waiting to know the result, and told him what had passed. He then said that he wanted to get some money, and I proposed pledging the blunderbuss with a pawnbroker. He agreed, and requested me to take it for him. I did so, and got seven shillings upon it from Mr. Aldous, who knew me. The money I gave to Mr. Williamson. I afterwards went to see Mr. Williamson on board the Belle Alliance, which was about to sail for the Cape. He made me a present of the ticket.

“On the 22d of February, Edwards called upon me, and told me that he had been to see Mr. Williamson, and that he had given him an order to get the ticket for the blunderbuss. I said very well, and consented to go and get it out of pledge for him, as, he said, he was to get ten shillings by it, part of which I was to have, and he gave seven shillings and two-pence for that purpose. He told me to meet him at the corner of Oxford-street, which I did; when he said he would take me to Fox-court, where there was a countryman of mine; a man of colour he meant. I objected to going.

“My Lord, I never associated with men of colour, although one myself, because I always found them very ignorant.

“I now pass over to the sword concern; I shall state the truth. On a Monday after the Manchester massacre, I met a person of the name of George Goldworthy, to whom I had been apprentice in Liverpool; he expressed his surprise at seeing me in London; I told him I was out of employment, and that there was nothing worse than being a small master, as all the rest of the trade, from jealousy, set their face against me; he said he had a little business of his own in the country, and that he would employ me if I would go. I agreed to go at 30_s._ a week. He then appointed me to meet him at a house he called the Horse and Groom, in John-street, Edgware-road, on the Wednesday following. All this time I did not know that Goldworthy was an acquaintance of Edwards’s, but he was.