Part 4

I believe only four of us got up. The party in the room fired directly at the staircase, thinking we were coming up in numbers. If they had not done so, they would have killed me, for I stood at one side of it.

There was somebody below who I expected would take care of the sentinel; but, in the confusion, he was handed from one to another, and thus escaped for a few minutes. It was quite dark, and I could not see the party escaping. There were, I think, twenty shots fired at us. It appeared to me as if some shots were fired from the window into the street to create alarm. The whole civil power present on the occasion was not more than twelve or fourteen men. I do not know the man who was acting as sentinel; I believe his name is Davidson. He is a man of colour. I had not time to notice him particularly. I believe he was the man who was walking at the foot of the stairs, with a cutlass by his side, and a musket on his shoulder. I believe there was one light in the lower part of the building where he was. Some one, however, cried out, “They are up-stairs,” and we heard the clashing of arms. I cannot identify the man who was below stairs, I cannot swear to him. There was another officer shot on the left side of the head; he was dangerously wounded; his name is Surman. Another officer, of the name of Westcott, had two or three shots through his hat. One of the bullets struck him on the finger, but did not hurt him materially. I was not wounded at all. At the time I did not know friend from foe. Immediately when the party cried out, “Kill the b----s,” I also said, “Kill them,” in order to deceive them. I had a brace of pistols; one of them flashed in the pan. The lights being out, I was afterwards afraid to fire, lest I might kill one of my comrades. There was a latch to the door which led into the street, and I found no difficulty in getting in. I secured a considerable quantity of arms; amongst the rest there was a large grenade, and several hand-grenades. The large one consisted of a tin canister, with a plate at top, strengthened by several pieces of iron, and bound round with a quantity of tarred rope. I got eight of the hand-grenades; they were about the size of my doubled fist. I also found in the room two swords, and some ball-cartridges, which are in my possession.

The large grenade weighs fourteen or fifteen pounds. It is a canister strongly bound with tarred rope. It is not circular. A number of pistols, swords, cartridges, and bullets, were also found in the room.

No person but Thistlewood offered violence before the candles were put out. There were likewise found in the room about three dozen of weapons, which resembled a sort of bayonet. The bottom part had not a socket like a bayonet, but a screw to fasten into a stick. I found also a dozen of sticks, formed for the purpose of being fitted to those bayonets.

The bayonets appeared to be newly made. They are very rough, and not at all brightened or polished. The balls I picked up in the room were not fired from pistols. If they had, they would have been flattened; I desired the men to pick the arms up, and each man to keep safely what he found: in consequence, some were in the possession of one man, and some in that of another; two or three muskets were either found in the room, or else taken from some of the persons who had been apprehended.

The party had no notice but what I gave that we were officers.

The deposition of this witness having been read over to, and signed by, him,

JAMES ELLIS was next called.--Having been sworn, he stated, I live at No. 22, Paradise-row, Palmer’s-village, St. Margaret’s, Westminster, and am an officer belonging to the Bow-street patrol. I am also a constable. On Wednesday night last, about half-past seven o’clock, Mr. Stafford, the chief clerk at Bow-street, directed me to take Richard Smithers, John Surman, and William Gibbs, and to proceed in a coach with them to John-street, Edgeware-road, as fast as possible, there to meet Mr. Birnie, who would give us further orders. We did so; and when we arrived at the spot, we found Mr. Birnie waiting. He inquired whether we had seen any thing of the military. We told him we had not. He said he expected them every minute. In about twenty minutes Mr. Birnie called us together. Some inquiries were made, but I don’t know of whom, as to what number were likely to be in the room to which we were going, and whether Arthur Thistlewood was to be there. Mr. Birnie gave me a warrant, signed by Mr. Baker, of Marlborough-street, to apprehend Arthur Thistlewood and thirteen other persons named in it. I have not the warrant; I have given it to Mr. Baker. On our being called together, and Mr. Birnie being given to understand that Thistlewood and others were in the room, he asked how many there might be present, and was informed that there was about a dozen. He then inquired how many there were of us. We told him about a dozen also. He said he had been disappointed in the soldiers, who had perhaps missed their way, and were half an hour too late, and that we must proceed to apprehend the parties. We said we would do the best we could. Smithers observed, if there were forty of them we would secure them. Mr. Birnie then directed me to call Ruthven, another officer, out of the Horse and Groom, and we were sent forward to the house, the military not having come in time. Ruthven opened the door and went in; it was a kind of stable where the meeting was held. Ruthven went in first, I followed him. When I entered the stable I observed a man with belts on, a musket or fusil on his arm, and a sword at his side. I believe he held the musket in the position which soldiers do, when on duty. He was walking backward and forward. Ruthven desired some person to take charge of him. I took him by the collar, turned him half round, and gave him to some other person, observing at the same time that he was a man of colour. At that moment Ruthven was at the foot of the ladder, up which he went. I followed as closely as I possibly could, and was immediately followed by Smithers. Before I got up the ladder, I heard a clattering of swords. I heard Ruthven say at that moment, “We are officers, seize their arms,” or “lay down your arms,” I cannot tell which. Upon gaining the top of the ladder, Ruthven turned a little to the left, to go round a table or carpenter’s bench. I observed a number of men falling back to the other end of the room. They were apparently all armed. I also saw three or four men backing into the little room on the right. They were all armed with swords or cutlasses. A tall man immediately brandished a sword at me: his foot was advanced in a fencing attitude, as if he meant to stab. I held up my staff in my left hand, and presented a pistol at him with my right; I held up my staff that he might see it, to shew him what I was. The light was then as good as it is here: it was very lightsome: I desired the man to desist, or I certainly would fire. I did not fire then, I did afterwards. I did not know who the tall man was that threatened me at the time, but I have seen him since, and I know it was Thistlewood. There were some persons in the further room to the right. There was another closet near to the ladder, which was not discovered nor opened for half an hour afterwards. No one was found there. Smithers rushed past, and endeavoured to get into the little room. I saw the tall man draw his hand back, and make a thrust of a sword at him, which I saw strike him on the breast.

It was the same tall man, Thistlewood, who had flourished his sword at me. The manner in which he did it made me fix my eyes on him, so as to mark the kind of countenance he had. Smithers, on being struck, immediately threw up his hands, fell towards me, and exclaimed, “Oh! my God!” I instantly fired at the man who killed Smithers, but I missed him. Smithers fell against me at the time, so as to drive me to the head of the stairs. A rush was then made by the party, and I was knocked down from the top to the bottom of the ladder. The moment I fired, the candles were all put out with the swords.

I think there were four or five and twenty persons present. There were four or five in the small room. The time was so short that very little observation could be made. I ran to the door, when two or three shots were fired in the stable below, where I was. I don’t know by whom they were fired. It was in the dark, and I could not discover friend from foe. I do not know that any officer fired except myself. I have not heard of such a thing. When I arrived at the door, I heard a cry of “Stop him,” and instantly saw a man running at the other side of the street; I pursued, and took him in the street, about twenty yards from the door. When laying hold of him, he made a cut at me with a long sword. This was the man of colour. I received a cut, a very slight one, in the leg. I think it was when his arm, in striking at me, swung round my neck, that the sword, which was a very long one, hit my leg. The man’s name is Davidson. I believe him to be the same man who kept the door, but I will not positively swear to that. I took him to a shop at the corner, and seized his fusil, which was that of a light-horseman, but perhaps rather heavier.

I have seen Thistlewood, and I believe him to be the man that struck Smithers. I did not know him at the time. I saw him for six or seven seconds, or more, when he brandished his sword at me, until he went towards the little room. On seeing that, Smithers rushed forward, and the moment he got near the door, I saw him struck. I was sure that he was killed. It was a stab--a thrust--he received. The sword was long, very bright, and triflingly turned at the end. It seemed sharp on both sides. He brandished it at me. The whole space of this time was not more than ten or twelve seconds. I saw the man with his sword, before I got to the top of the ladder. As soon as Davidson was secured, I returned to the place, and I then found the military had come. I left Davidson in a shop, with two of our people to take care of him. The prisoners were all disarmed, and I proceeded to tie them together. I was only a few minutes gone when I took Davidson. I stayed as little time as I possibly could.

As soon as I had tied the prisoners I went to Smithers; he was lying on his face. I turned him up, and I believe he breathed faintly. I afterwards found a pistol, a bayonet, a quantity of ball cartridges, and several bullets. Many other weapons were found by the officers.

I am most positive of the identity of Thistlewood. I feel no hesitation on the subject.

[Here the witness handed some of the bullets which he had taken to the Jury.]

Witness continued.--I was entering the centre of the room when Smithers passed me. I had my eyes fixed on Thistlewood, when he was brandishing his sword. I am able to recognize him, though I could not recognise any of the others. I saw him for eight or ten seconds, but I cannot speak to his dress: it was a dark dress, but I cannot speak to it distinctly. I heard yesterday, that Thistlewood was the person who struck the blow, but that did not affect my opinion. I would have sworn to him, if it had not been mentioned. There were several persons wounded. An officer named Biggs was wounded. The place where the business occurred is not ten yards from this. It is the first stable down the yard, and is, I think, on the north side of the street. When I fell down the ladder, I fell on some of the officers who were coming up. I should have been shot if I had not so fallen. There were several shots fired in the stable. I had a cutlass by my side, but could not use it. The flashes were numerous below, but I could not see who or what they were who fired. In the confusion Davidson escaped, but I afterwards took him. When I came back there were several persons in custody. There were many shots fired from the window.

We officers carry cutlasses, but they could be of no use against the length of the swords which the party made use of.

I cannot state the specific words of the warrant. It was given to me in the street by Mr. Birnie, and has been placed in the hands of Mr. Baker, the magistrate.

The Coroner inquired of Pyall, the beadle, whether he had the warrant in his possession, and was answered in the negative.

The WITNESS.--The warrant was in my possession; it authorized us to apprehend Arthur Thistlewood and thirteen other persons named in it, for unlawfully assembling together, but for what specific purpose I cannot say, and to bring them before the sitting magistrate, to be dealt with according to law.

PYALL, the beadle, was despatched to Mr. Baker for the warrant, and the deposition of Ellis having been read over to him, he signed it.

WILLIAM WESTCOTT next underwent an examination to the following effect:--I live at No. 10, Simmons-street, Sloane-square, Westminster, and am one of the assistant patrol of Bow-street.--On Wednesday night last, I was sent to the stable in Cato-street, by order of Mr. Birnie. I accompanied Ruthven, Ellis, Smithers, and others to the spot. Ruthven went first, and I followed Smithers. I was behind him in the stable. The moment Ruthven, Ellis, and Smithers had gone up the ladder leading to the loft, I seized a man in the stable below dressed like a butcher. His name I believe was Ings.--When I entered, he rushed out against me: and finding resistance, put his hand to his belt, as if to pull something out of it. I immediately knocked him down by hitting him on the right eye. He was dressed in a long coat beneath his jacket, and had an apron over the whole. This happened before the first pistol was fired, and I was in the act of handcuffing him when I heard a fresh pistol fired in the loft. I had not quite succeeded before Thistlewood came down the ladder, and as he was upon the steps fired a pistol; whether levelled at me or not I cannot say. Seeing me so busily engaged in securing the butcher, he levelled another shot at my head, and at the same time made several cuts at me with a sabre. The pistol went off, and the shot penetrated my hat. I knocked him down with the stick I had in my hand, but he rose and succeeded in making his escape. While I was engaged with Thistlewood, Ings contrived to make his escape also; when Thistlewood was gone, I found that I was wounded in the hand, and that some shot had gone through the flap of my coat. In the mean time both Thistlewood and Ings succeeded in getting away. I pursued Thistlewood, but in vain, and after having followed him through several streets, I returned to the stable. I then went into the loft, and saw the deceased lying dead on the floor. There were several persons present, and the prisoners had been subdued.

The Jury asked the witness whether Thistlewood was the first who came down the steps?--There was a complete rush, and I did not particularly observe whether he did or not. Did he come down before the officer Smithers fell?--I did not see the officer fall. You went with the whole body of the officers?--Yes, I did. There were only three officers, I understand, in the loft?--I believe no more. Where were the others?--They were upon the scout. Then I understand that after the three officers mentioned had gone up, Thistlewood came down, and prevented others from ascending the steps? Yes; and he fired down the steps to prevent the ascent of others.

CHARLES MOY.--I live at No. 11, London court, Mary-le-bone, and am a watchman. On Wednesday night, about half-past eight, I apprehended Ings, while Brooks was in pursuit of him. He fired at Brooks; but I cannot say what fire-arms he used, as he threw it down before I reached him. Brooks cried out, Stop thief! and I immediately apprehended him. The ball went through the coat and waistcoat of Brooks, and grazed the top of his shoulder. I took Ings down to Mary-le-bone watch-house, assisted by Brooks and another officer. I searched him, and found seven or eight bullets in his pockets, some gunpowder in a tin flasket, and a haversack. He had a kind of belt on each side for pistols.

SERGEANT LEGGE, of the 2d battalion of Coldstream Guards, was next examined.--On Wednesday evening last I was called up about eight o’clock, and received orders to march to John-street, Edgware-road. I was then quartered in Portman-street barracks. A picket, usually employed on occasions when the military is required in aid of the civil power, was ordered out. It was commanded by Captain Fitzclarence. Upon arriving at John-street, we were unable to ascertain the spot whither we ought to proceed, and the captain advanced to ascertain what we were to do. When he returned, he ordered the picket to advance at double quick time. Upon reaching the stable in Cato-street, I observed a man standing with a pistol in his hand. He presented it at Captain Fitzclarence, and I knocked it aside with my pike. I then seized the muzzle-end of the pistol with my hand, and a scuffle ensued between the man and myself about the pistol. I kept firm hold of it till it went off, and the ball passing by my arm, tore the cloth off my sleeve. (Witness here exhibited the sleeve of his coat, which appeared to be very much torn.) In wrestling with the prisoner, I held my face down to the lock of the pistol, and as it went off the ball grazed my right eyebrow. As soon as the pistol was discharged, the prisoner let go his hold. I secured him, and delivered him over to the police. I believe the prisoner’s name is Tidd. After this skirmish I followed my officer and part of the picket up the steps into the loft. The greater part of the picket had reached the loft before I was disengaged from the prisoner. When I had reached the loft I discovered a table in the centre of it, nearly covered with pistols, blunderbusses, ammunition, and other arms of various descriptions. Three men had then surrendered; I think their names were Monument, Cooper, and Gilchrist. I do not recollect what police-officers were present at the time. Upon looking on the floor, I saw the deceased lying dead at my feet. His body was examined by the picket, and I perceived the wound on his right breast. I was ordered back to the barracks for a reinforcement, and when I returned, the whole of the prisoners taken that moment were collected into the loft. Upon the arrival of the reinforcement, the prisoners were conveyed to Bow-street.

Here one of the jury observed, that the inquest had proceeded far enough to ascertain the acts of Thistlewood. The Coroner replied, that those who were aiding and abetting in the murder were equally guilty as the principal; and it would be necessary to ascertain who they were, and what they did.

Here the examination was interrupted by the arrival of a messenger, with a letter from Mr. Baker, the magistrate, to the Coroner. It was read aloud, and was to the following effect:--

“I beg to inform you, that I granted a warrant on Wednesday the 23d instant, for the apprehension of Arthur Thistlewood, and several others, on a charge of felony, and that I afterwards received from Mr. Ellis an order to lay it before the Privy-Council on the examination of the prisoners when in custody. It has not yet been returned to me, nor do I think that I shall be able to obtain it at the present moment. Perhaps it would be better to adjourn the inquest for the present, and I will endeavour to get it for you to-morrow, or send you the information, on which it was issued.”

WILLIAM SARMON.--I live in Edgeware-road, and am a tailor by trade. On Wednesday night, about eight o’clock, I was passing through Cato-street, and when opposite to the stable I heard Westcott say that Smithers had been stabbed. In two or three minutes afterwards two men rushed out of the stable. One of the two cut me with a sabre on the hat. He was a tall man dressed in a dark coat. He struck at me twice, and hit my thigh, but fortunately did not wound me. I was so frightened at the moment, that I could not tell which way he ran, and I did not stop to look. There were many people in the street at the time. I do not know the appearance of Thistlewood. I only observed that the man who struck me was of a pale complexion, and wore a dark long coat. The other man who accompanied him out of the stable did not attempt to strike me. They both passed behind me on the right hand, I think, through the gateway towards John-street. I heard several shots within the building, while I was standing opposite the stable. That night I wore a loose coat, and by that means I was not wounded. I saw Westcott go into the stable, and I knew him well. I had seen him many times before.

Here the examination of the witnesses terminated, and the Coroner expressed a wish to receive some information respecting the christian names of those who had been described as having been apprehended in the stable. He thought there was no distinction between the case of Thistlewood and the other prisoners; they all entertained the same mischievous design, and shewed their purpose but too plainly, in being so well furnished with fire-arms, hand-grenades, _&c._ He wished to know whether the gentlemen of the Jury were satisfied with the evidence already received.