Part 27

“On Wednesday evening accordingly I went to the Horse and Groom. I looked into the house, but did not see Goldworthy. I stopped at the corner to wait for him, my lord, which your lordship and gentlemen must well know I being a conspicuous character would not have done, if I was about any thing improper. I saw Adams there; but I went on to walk a little further. On my return I saw several persons going in and out of the house, but still Goldworthy did not come. A little after eight o’clock, while I was in the Edgeware-road, up came Goldworthy. He asked me if I was not surprised he had not come. I said I was. He then said he was going to call upon a friend, and gave me a sword, which he said he carried for self-protection against thieves about the country.

“At this time I had not the least intention of any thing directly or indirectly concerning the business in Cato-street. I went down the street accidentally, and hearing two or three pistols fired, I went to see what was the matter. I never was afraid of any man. I then heard a cry of “Stop thief!” and I was seized and taken to gaol. I never drew the cutlass nor offered to strike; but gave myself up quietly.

“I have ventured my life fifteen times for my country and my King, and ask you, gentlemen, if you think it possible that I should be so vain as to attempt to join a few weak men to trample down that well-founded constitution, in which this country has so much reason to glory? I would scorn such an act--and I solemnly protest there was nothing found on me but the sword which I received from Goldworthy, and a little block.

“It was said, that I said ‘I would die for liberty’s cause,’ and that I was searched in a public house; this is not true; and if the landlord was here he would prove the contrary. I know nothing at all of the plot in Cato-street, directly or indirectly. I know nothing of a plot to plunder--to burn houses--or to massacre the Ministers. I did not know that any such plot was in existence.

“I will now, my Lords and Gentlemen, give you an instance where one man of colour may be mistaken for another--as must have been my case. Whenever I had any leisure time I employed it as a teacher in a Sunday-school: there a similar mistake was made. A person, a man of colour, insulted one of the female teachers at Walworth. The young lady said it was me, and I found I was slighted, although nothing was said. I sent in my resignation, when the gentlemen waited upon me in a body, and stated what had been alleged to my charge. I was so confounded, that I could not say any thing, and let them go away without making any defence. I afterwards, however, set myself to work, and actually found the man who had committed the offence, made him acknowledge it, and beg the young lady’s pardon. The young lady could not look me in the face, knowing how she had injured me, but held out her hand as a token of her regret.

“Now, my lord and gentlemen, this shows how one man may be mistaken for another. I would as lieve be put to death as suppose that you, my lord, or the gentlemen of the crown, should think me capable, for one moment, of harbouring a thought to massacre any person whatever.” (Here the prisoner applied for a glass of water, which was handed to him.) “Although I am a man of colour, that is no reason that I should be guilty of such a crime. My colour may be against me, but I have as good and as fair a heart as if I were a white.

“I have a very few words more to say. I have a very numerous family, and a wife that never earned me a penny in her life. All my distress arose from the consideration of the helpless situation of my family. Were it not for that, I would not care what became of me. Like Isaiah it may be said of me, ‘He was persecuted, yet he opened not his mouth.’ As a father, I wish to discharge my duty,--for them I wish to live--and for their sakes I wish, if possible, to clear up the black charge which has been brought against me.

“First of all, Mr. Adams positively swore that he had not seen me in the loft, and that I was down stairs; and then comes Mr. Monument, who said that I addressed the congregation, and told those that were afraid of their lives to walk out. They must see that this was an exaggeration, and in fact altogether an invention, or would not both of these men who were present at the same time have agreed in the same story? I admit that I was in Cato-street; but even admitting this, what does it amount to?

“I now very well know that Mr. Goldworthy was an accomplice of Edwards, and it is clear that by these persons, for purposes best known to themselves, I was entrapped into this snare. As for myself, my Lord, I have served my country, and done all that I could do for it. I have supported my family by honest industry, and I never directly or indirectly associated with any persons at public places. I never attended any meeting but as a common spectator.

“I know nothing of these men (Tidd and the other prisoners). I have no knowledge of their plots; I do not blame the gentlemen of the crown for the manner in which they have conducted this case; because they have done no more than their duty, according to the evidence which has been brought before them; but I say, the witnesses, as far as regards me, are altogether false sworn. I have selected a few passages from the Bible, which I wish to read on this subject, and these I offer, not for the purpose of insulting the court. The indictment charges that I did certain things ‘not having the fear of God before my eyes, but having been instigated by the devil.’ Now, I always had the fear of God before me, and always cherished the feelings of virtue and humanity. I always subscribed to the beautiful lines of Mr. Pope:--

“If I am right, thy grace impart, Still in the right to stay; If I am wrong, oh! teach my heart, To find that better way.

Teach me to feel another’s woe; To hide the fault I see: The mercy I to others show, That mercy show to me.”

“The verses from this sacred Book, which I think applicable to my case on the present occasion, are these:--

‘One witness shall not rise up against a man for any iniquity, for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established.

‘If a false witness rise up against any man, to testify against him that which is wrong;

‘Then both the men, between whom the controversy is, shall stand before the Lord, before the priests and the judges which shall be in those days.

‘And the judges shall make diligent inquisition: and behold, if the witness be a false witness, and hath testified falsely against his brother;

‘Then shall ye do unto him, as he had thought to have done unto his brother; so shalt thou put the evil away from among you.

‘And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you.

‘And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.’

“These words, gentlemen of the Jury, I wish to impress on your minds.

“I am a stranger to England by birth; but I was educated and brought up in England; my father was an Englishman, my grandfather was a Scotchman; I may too claim the prerogative of an Englishman, from having been in the country from my infancy,--still I have not a friend in England,--I have not a relative who will stretch out his hand to my helpless family. Then will you not think it hard to have my life taken away for a scene of intended iniquity, of which I know nothing. To have me torn from the bosom of her whom I lived but to cherish,--to have me exposed to the ruthless knife of the executioner, while my innocent starving babes seek in vain for consolation.

[Illustration:

_Wivell Del^t._ _Cooper Sculp._

RICHARD TIDD.]

“Gentlemen, when I think of this, it unmans me. I am no plotter--no assassin--no traitor! Look well to the evidence, and to your own hearts, before you pronounce the fatal verdict of ‘Guilty.’

“Gentlemen, the Earl of Harrowby I have known for years; I worked on his Lordship’s estate in Staffordshire. Gentlemen, I knew him but to respect him;--and yet it is suggested that I could raise the dagger of the murderer to his breast.--Forbid it providence! Had I known that this plot existed, I would have been the first to warn his Lordship of his danger; but I declare solemnly that I knew not of such an intention. I knew nothing of all these dark and bloody projects.

“Gentlemen, I have now done. I repeat, I will readily submit to death if you think me capable of harbouring an intention to commit the crime of high treason. If that is your persuasion, pronounce your verdict accordingly. I hope my death may prove useful to my country,--for still England I call thee so,--and I trust that those by whom I shall be condemned, may lay down their lives with as clear a conscience.”

BARON GARROW, then addressed Tidd as follows:--“Richard Tidd, do you wish to add any thing to what your counsel has stated for you? If you do, this is the proper time.”

TIDD rose, and said, in a meek and humble voice, “The first thing I have got to say is, that I had the misfortune to get acquainted with Brunt about a month before Christmas, by his frequently going to see Adams, who was living next door to me; our windows joined; by that means I became acquainted with him.

“During the Christmas holidays, we kept them together; after the holidays, I was introduced to Edwards, who does not now appear against me; he was constantly coming to me afterwards; I always was a hard-working man, working sixteen and eighteen hours a day. I never had any time to spare, except on a Sunday. Messrs. Edwards and Brunt together told me that there were certain meetings going on.

“I never attended any meeting after the acts to prevent illegal meetings, till Edwards told me that he had authority to state from persons high in rank, that meetings might take place to procure reform in Parliament. I was then introduced to a room, where I was taken to, in Brunt’s house. I did not see there any thing particular, till the Sunday when I was proposed to take the chair.

“Certain propositions were then made, which made me declare I would never more attend such meetings, and I fully determined that I would not keep company with them afterwards. Prior to this Edwards came up to my house, and said, that he had got certain materials, and Mr. Thistlewood would be obliged to me if I would let them remain in my house. I said, I would allow no such thing. He then went away, but in the evening he came and brought the things, which the officers afterwards seized.

“On Tuesday, Edwards and Brunt came to me, and asked me if I kept to my determination--they added, that all the proceedings that were going on were entirely flustered; they then said there was to be a meeting of the Mary-le-bone Union, and asked me to go.

“Edwards said, every body going there for self-preservation took a weapon of defence. I told him I had none; he said, if I had not, the club would supply me with one; he then pulled out a pistol, and said, you ought to arm yourself now.

“He also had a sword-stick, which he offered me. He afterwards gave me a direction where the meeting was to be held. I have it now in my pocket.”--[Here the prisoner produced a small piece of paper, on which was written these words:--‘Horse and Groom, John-street, Edgeware-road.’]

Tidd then went on. “During Wednesday, while I was at work, Edwards and Brunt came to me, and said there was some people I must bring to the club. I afterwards took Monument, but I do declare before you I never knew any thing about a cabinet-dinner. It was never mentioned to me. I was introduced into the stable, and in ten minutes after the officers came in and apprehended me.

“This is all I have to say, and you may depend I have told the truth.”

The _Attorney-General_ rose to reply, and proceeded to point out the various instances in which the evidence of Adams had been confirmed: it was confirmed by Monument, who had not been deeply concerned in the plot; but it was much more strongly confirmed by Hyden, who was no accomplice, and who was in every way worthy of belief. There was, he contended, a compleat chain of evidence, to prove that there was a conspiracy to overturn the government: and if they believed that the two prisoners at the bar took a prominent part in it, they could have no hesitation as to the verdict they should give.

Mr. _Baron Garrow_, proceeded to deliver his charge to the Jury. He went over the whole of the evidence, and commented on all the material parts of it in a most perspicuous manner. While his lordship was reading over the evidence of Monument, the prisoner Davidson caused a written paper to be conveyed to him, and said he hoped it might be read as a part of his defence, which he had before forgot to notice. The learned Judge observed, that although it was not strictly regular to comply with the prisoner’s request in the present stage of the business, yet he was ready to allow him to make any statement which might be of use to him. The statement was, that his (Davidson’s) house had been searched, and nearly pulled down, and not the slightest evidence was there found which went to show that he had been guilty of any conspiracy.

After his Lordship had read over the evidence of Hyden, he said it was the most important of any that had been given to the Court, because the conspiracy had been communicated to him by one of the parties, who invited him to assist in it; and because he went immediately and communicated to Lord Harrowby the danger which ministers were in. He pretended to show a readiness to join the conspirators, but he never did join them; and one reason for not refusing to take a part in the plot was, a threat held out that any man who did not join would be put to death.

“The learned counsel for the prisoners had endeavoured to throw some discredit on this witness, on the ground of his being an accomplice; but there was not the slightest ground for such a supposition; nor did it appear to him that the slightest inroad had been made on his testimony. On the contrary, he ought to be considered as an instrument in the hands of Providence in saving fifteen of the first men in the country, and perhaps many others, from destruction; and all persons then present in Court, ought to consider themselves indebted to him.

“Here it was clearly in evidence, that the intention of the conspirators was to murder the most respectable and virtuous characters in the kingdom; and that not content with that, they were to destroy the house of the Bishop of London, one of the most amiable men in the kingdom, who of all other men in the world was the least likely to give offence to any body.

“What then could be their motive for all these unprovoked atrocities, but the ulterior object of revolution? If plunder was their object, where were the implements in which they were to carry away their plunder? What necessity was there to add murder to their offence? What occasion had they for a box full of ball cartridges? What was their object in all this, but the ulterior object of effecting a revolution? The usual argument of inadequacy of means had been used on this occasion; and it was said, nothing certainly could be more preposterous than to suppose a revolution could be effected by such contemptible means; but it was proved, that a plan had been formed--that a band of ruffians, reeking with the blood of the most illustrious men in the kingdom, had intended to overturn the government, by stirring up the people to insurrection.

“Such men as these might imagine that the object could be effectual, without ever considering the adequacy of the means. Before the commencement of the French Revolution, the first beginnings were as contemptible as this; and every body knew the vast extent and the wide-spreading desolation, by which these small beginnings were followed.”

After a variety of other observations, all tending to show that the evidence of the accomplices was confirmed in various instances by credible witnesses, particularly by Joseph Hale, the apprentice of Brunt; and by Hyden, the cow-keeper, who was no party in the plot, and who acted honestly and conscientiously, his Lordship concluded his charge.

The Jury then retired, and after an absence of forty minutes, returned with a verdict of “GUILTY UPON THE THIRD COUNT,” with the exception of the eighth and tenth overt-acts. The count in question alleged a conspiracy to levy war.

At the conclusion of the trial of Tidd and Davidson,

Mr. CURWOOD addressed the Court, intimating a desire, on the part of James Wilson, to withdraw his plea of misnomer to the indictment against him for high treason, and to plead “Guilty,” and the Attorney-General stating that he had no objection to this course,

James Wilson was put to the bar, and, on being questioned by Mr. Shelton, pleaded Guilty.

Mr. WALFORD then said, he was instructed to make a similar tender on the part of the five remaining prisoners, and

Mr. BARON GARROW directed the prisoners to be brought to the bar.

John Harrison, Richard Bradburn, John Shaw Strange, James Gilchrist, and Charles Cooper, were then brought into the Court, and

Mr. Walford again addressed his lordship, and said that he had watched, with great diligence, the whole of these proceedings, and from what had passed under his observation, he thought he should best consult the interests of the five unhappy men at the bar, for whom, with his learned friend (Mr. Broderick), he was counsel, by recommending them to acknowledge the deepness of their offending, and to throw themselves on the leniency of their Sovereign, who, he was persuaded, would follow the steps of his revered father, by tempering justice with mercy.

Mr. BRODERICK said, he too had watched with the most anxious solicitude the progress of the trials which had taken place upon this indictment, and he felt satisfied that he could not better consult the interests of the prisoners, than by adopting the course suggested by his learned friend. These unfortunate men were desirous of making the only reparation in their power to the offended laws of their country, by acknowledging their guilt. They did not ask for mercy, but they entertained a hope that their contrition would have the desired effect, and would induce an extension towards them of that brightest attribute in the person of the Sovereign.

Mr. BARON GARROW then explained to the prisoners the situation in which they stood, and that their plea must be received without any pledge on his part, and with a full understanding that they were to receive judgment to die.

They all expressed their concurrence in what had been said by their counsel, and, having withdrawn their previous plea of _Not Guilty_, they pleaded _Guilty_, and were removed from the bar; and the gentlemen of the Jury were dismissed with the thanks of their country.

SENTENCE OF DEATH.

The following morning, Friday April 28th, at a quarter after nine, Lord Chief-Justice Abbot, Chief Justice Dallas, the Chief Baron, Mr. Justice Richards, Mr. Justice Best, and the Common Sergeant, took their seats.

Mr. Brown, the gaoler, was immediately requested to bring the prisoners to the bar. In a few minutes the clank of chains was heard, and the eleven prisoners entered the court. They were all double ironed, with the exception of Ings, who had been much indisposed since his conviction. Thistlewood came first, and advanced to the bar. There was a melancholy resignation in his countenance, and his appearance was considerably altered since the last time of his being in Court.

All being in readiness,

Mr. Shelton (the clerk of the arraigns), addressing himself to Thistlewood, said,

“Arthur Thistlewood, you stand convicted of High Treason;--what have you say why you should not receive judgment to die, according to law?”

THISTLEWOOD immediately drew forth a manuscript address, which he proceeded to read in a mournful tone, as follows:--

“My Lords,--I am asked, my Lord, what I have to say that judgment of death should not be passed upon me according to law. This to me is mockery--for were the reasons I could offer incontrovertible, and were they enforced even by the eloquence of a Cicero, still would the vengeance of my Lords Castlereagh and Sidmouth be satiated only in the purple stream which circulates through a heart more enthusiastically vibrating to every impulse of patriotism and honour, than that of any of those privileged traitors to their country, who lord it over the lives and property of the sovereign people with barefaced impunity.

“The reasons which I have, however, I will now state--not that I entertain the slightest hope from your sense of justice or from your pity. The former is swallowed up in your ambition, or rather by the servility you descend to, to obtain the object of that ambition--the latter I despise. Justice I demand. If I am denied it, your pity is no equivalent. In the first place,

“I protest against the proceedings upon my trial, which I conceive to be grossly partial, and contrary to the very spirit of justice,--but, alas! the judges, who have heretofore been considered the counsel of the accused, are now, without exception, in all cases between the Crown and the People, the most implacable enemies of the latter. In every instance, the Judges charge the Jury to find the subject guilty; nay, in one instance, the Jury received a reprimand, and that not in the gentlest terms, for not strictly obeying the imperious mandate from the bench.

“The Court decided upon my trial to commit murder rather than depart, in the slightest degree, from its usual forms. Nay, it is with me a question, if the form is usual which precluded me from examining witnesses to prove the infamy of Adams, of Hyden, and of Dwyer. ’Ere the Solicitor-General replied to the address of my Counsel, I applied to the Court to hear my witnesses. The Court inhumanly refused, and I am in consequence to be consigned to the scaffold.