Part 8

“Gentlemen, having said so much upon the third head of your inquiry, very little remains to be said of the fourth. This comprises all offences committed on the person of F. Fitzclarence, and the others maimed, contrary to the 43d of the late king, the title of which is set forth. You will therefore see that the jurisdiction does not extend to all offences committed against these persons, but only such as are contrary to the statute I have just mentioned to you. That statute is the fifty-eighth chapter of the 43d of his late majesty; and as no doubt it has been brought under the view of many of you, I need not enter fully into it. The provisions of this act are--‘That it is a capital felony for any person to shoot at, or wilfully to present and point loaded fire-arms at, and attempt, by drawing the trigger, to discharge the same at any of his majesty’s subjects, and also wilfully and maliciously to stab or cut, with intent to murder, rob, maim, or disfigure any of his subjects, or to do them any grievous bodily harm.’ There is an express provision in this statute which enacts, that these offences must be committed under such circumstances as that, if the attempt succeeded in depriving a fellow-creature of life, it would be murder. Now, if such an attempt be made in the open street, which probably is a case that may be brought before you, there can be no question of a malicious design to murder, or to do some grievous bodily harm. As, however, no case is likely to come before you falling within the excepting provision of the statute, I forbear to trouble you with any further observations, being well aware, that in this case, as well as in every other, the best security for the due discharge of the important trust reposed in you will be found in your own good sense, your own sound discretion, and your own general knowledge. If, however, in the progress of your investigation any unexpected difficulty shall arise, the Court will be found ready to give you such further advice as you may require.

“Having detained you thus long, with such observations as I have thought necessary, I now dismiss you to the discharge of that important duty for the execution of which you are assembled.”

At the conclusion of his Lordship’s address, the Jury retired to their room, and proceeded to examine witnesses upon the indictments which were preferred before them. The Judges continued sitting in Court for upwards of an hour, when the foreman and a few other members of the Grand Jury returned, and an arrangement was made that their Lordships should resume their seats at twelve o’clock, and that the Grand Jury were to assemble at ten o’clock.

On this occasion, the following witnesses were in attendance:--The Right Hon. Nicholas Vansittart, R. Baker, Esq., R. Birnie, Esq., Captain Fitzclarence; Monument and Adams (in custody); Ruthven, Ellis, Westcott, Lee, Brooks, Surman, Wright, Taunton, Bishop, and Gill (officers); Serjeant Legge, John Muddock, Jonathan Curtis, Joseph Basey, Joseph Rivell, and Joseph Edgar (soldiers); Joseph Hall, Thomas Droyer, Thomas Hiden, Joseph Harry Price, Emanuel Francis, James Pocock, James Munday, Richard Munday, George Paylock, Mary Rogers, Eleanor Walker, _&c._

Soon after twelve o’clock the Judges left the Court; and at half past twelve the Grand Jury, having then been a considerable time in deliberation, proceeded with the examination of witnesses.

Mr. BOUCHIER, one of the solicitors to the Treasury, was the first witness examined: he was only a few minutes before the Jury.

ROBERT ADAMS, the ex-Oxford Blue, and an accomplice of the conspirators, was next called. He was brought from the House of Correction, where he had been in confinement since the final examination of the conspirators before the Privy-Council, in the custody of Mr. Adkins, the Governor, and the principal turnkey. He was three hours under examination. He appeared perfectly cool and collected when he came from the Grand Jury Room. After his examination he was taken back in custody to the Cold-Bath-fields Prison.

The Right Hon. NICHOLAS VANSITTART, Chancellor of the Exchequer, was the third witness. The Right Hon. gentleman, together with CAPTAIN FITZCLARENCE, and other witnesses of the superior order, was accommodated with a private room, while waiting the summons of the Grand Jury. He was not more than ten minutes under examination.

JOSEPH BAKER, servant to the Earl of Harrowby, and fourteen other witnesses, were then examined in succession. Amongst them was

JOHN MONUMENT, one of the eight committed to the Tower on the charge of high treason. He was brought from the Tower in the custody of two Yeomen of the Guard, and several officers, and was kept in a private room, attended only by the Yeomen, with their swords drawn, during the day. He seemed very uneasy, and continued pacing the room about the whole time that he remained there. He appeared pale and dejected, and by no means a willing witness. After his examination, which lasted nearly an hour, he was conducted back to the Tower in the same custody.

There were several women among the persons examined. They were of respectable appearance. Two boys were also called.

Captain Fitzclarence was the last witness called, and at six o’clock the Grand Jury adjourned until nine o’clock on the following morning.

Tuesday the 28th of March, the court again met, pursuant to adjournment, and soon after twelve o’clock, the Chief-Justices of the King’s Bench and the Common Pleas, and the Attorney and Solicitor Generals, took their respective seats.

At half-past two o’clock, the Grand Jury, having gone through the examination of the whole of the witnesses, entered with true bills for high treason against Arthur Thistlewood, William Davidson, James Ings, J. T. Brunt, Richard Tidd, J. W. Wilson, John Harrison, Richard Bradburn, James Shaw Strange, James Gilchrist, and Richard Charles Cooper.

The bills for high treason against Abel Hall and Robert George, were ignored.

The Lord Chief Justice then expressed to the Attorney-General his wish that the persons against whom true bills had been found might have intimation, without the trouble of coming into court, that their attorneys and counsel would have ready access to them. The Attorney-General promised that every facility should be given to the communication with their legal advisers.

On the following day the court assembled a third time to inquire into the murder of Smithers, and divers acts of felony alleged to have been committed by the prisoners; accordingly at twelve o’clock the Lord Chief Justice of the King’s Bench took his seat in Court. The Solicitor-General attended for the Crown.

The Grand Jury immediately entered, and delivered several bills to the clerk, who read as follows:--

True bills for murder against Arthur Thistlewood, John Thomas Brunt, Richard Tidd, James William Wilson, John Harrison and James Shaw Strange.

No bills for murder against William Davidson, James Ings, Richard Bradburn, James Gilchrist, Abel Hall, and Richard Charles Cooper.

True bills for felony against James Ings, Richard Tidd, James William Wilson, and Arthur Thistlewood.

The Foreman stated, that there was no other bill before them.

The Solicitor-General said, that it was not intended to prefer any more bills at present.

The Court was then adjourned by direction of the Lord-Chief Justice till the 13th day of April then next ensuing, at half-past 9 in the morning.

A material omission occurred in the bills of indictment preferred before this Grand Jury, assembled under the Special Commissions, with regard to _Davidson_, the man of colour, who, on the night of the capture of the conspirators, was standing sentry at the entrance to the place of meeting, armed with a carbine, and sword of immense length, and in resisting the attempt of the officers to take him into custody, discharged his carbine at one of them. In preferring the bills against the prisoners for the several offences with which they were charged, this circumstance was overlooked, and it was not recollected, till Wednesday the 19th of April. An order was consequently given on that evening by Mr. Maule, the solicitor to the Treasury, to Ruthven, Ellis, Gill (the man shot at), and other witnesses, to attend before the Middlesex Grand Jury, at Clerkenwell, on the following day, and to take with them the arms taken from Davidson. They attended accordingly, the bill of indictment was preferred, and a true bill found against William Davidson, for feloniously shooting at Gill, with intent to kill, &c. Only three witnesses were called. The bill was preferred before the Grand Jury summoned to dispose of the ordinary Sessions business, and not that which had assembled under the Special Commission.

On Monday the 3d of April, copies of the indictments, with lists of the jurors and of the witnesses to be produced on the trial, were delivered to each of the prisoners in their respective places of confinement.

The LIST of the JURORS contained the names of 227 freeholders of the county of Middlesex, resident in the different parishes, many of them at a considerable distance from the metropolis.

The INDICTMENT contained four counts, on each of which certain overt acts were charged, manifesting and proving the acts of treason set forth. The following is an abstract of the Indictment.

_The King against Arthur Thistlewood, William Davidson, James Ings, John Thomas Brunt, Richard Tidd, James William Wilson, John Harrison, Richard Bradburn, John Shaw Strange, James Gilchrist, and Charles Cooper._

FIRST COUNT.

That they did compass, imagine, invent, devise, and intend to deprive and depose our said Lord the King of and from the style, honour, and kingly name of the imperial crown of this realm.

_First overt act._--That they did assemble, meet, conspire, and consult to devise, arrange, and mature plans and means to subvert and destroy the constitution and government of this realm, as by law established.

_Second overt act._--That they did conspire to stir up, raise, make, and levy insurrection, rebellion, and war against our said Lord the King within this realm, and to subvert and destroy the constitution and government of this realm, as by law established.

_Third overt act._--That they did conspire to assassinate, kill, and murder divers of the Privy-Council of our said Lord the King, employed in the administration.

_Fourth overt act._--That they did procure, provide, and have divers large quantities of arms, in order to assassinate divers of the Privy-Council.

_Fifth overt act._--That they did procure, provide, and have arms, with intent therewith to arm themselves and other false traitors, in order to raise, make, and levy insurrection, rebellion, and war.

_Sixth overt act._--That they did conspire, consult and agree to seize and take possession of divers cannon, with intent to arm themselves and other false traitors, in order to make war against the King, and destroy the constitution.

_Seventh overt act._--That they did conspire to set fire to, burn and destroy divers houses and buildings in and in the neighbourhood of London, and divers barracks, and to provide combustibles and materials for the purpose.

_Eighth overt act._--That they did compose and prepare, and cause and procure to be composed and prepared, divers addresses, proclamations, declarations, and writings, containing therein solicitations, and incitements to the liege subjects of our said Lord the King, to aid and assist in making and levying insurrection, rebellion, and war, against our said Lord the King, within this realm, and in subverting and destroying the constitution and government of this realm, as by law established.

_Ninth overt act._--That they did compose and prepare, and cause and procure to be composed and prepared, a certain paper writing, purporting to be an address to the liege subjects of our said Lord the King, containing therein that their tyrants were destroyed, and that the friends of liberty were called upon to come forward, as the provisional government was then sitting, with intent to publish the same, and thereby to solicit and excite the liege subjects of our said Lord the King to aid and assist in making and levying insurrection, rebellion, and war against the King, and in subverting and destroying the constitution and government.

_Tenth overt act._--That they did assemble themselves, with arms, with intent to assassinate, kill, and murder divers of the Privy-Council, and to raise, make, and levy insurrection, rebellion, and war against our said Lord the King, and to subvert and destroy the constitution and government of this realm.

_Eleventh overt act._--That they, armed and arrayed in a warlike manner, did ordain, prepare, levy and make public war against the King.

SECOND COUNT.

That they did compass, imagine, and intend to move and excite insurrection, rebellion, and war against the King, within this realm, and to subvert and alter the legislature, rule, and government, and to bring and put the King to death.

_First overt act._--Same as in the first count, with the addition of “and to deprive and depose our said Lord the King of and from the style, honour, and kingly name of the imperial crown of this realm.”

_Second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth, and eleventh overt acts_, same as in the first count.

THIRD COUNT.

That they did compass, imagine, and invent to move, and intend to levy war against the King, in order by force and constraint to compel him to change his measures and councils.

_First overt act._--That they did assemble, meet, conspire and consult to devise, arrange, and mature plans and means, by force and constraint, to compel the King to change his measures and councils.

_Second overt act._--Same as in the first count only leaving out the conclusion, “and to subvert,” &c.

_Third and Fourth overt acts._--Same as in the first count.

_Fifth and Sixth overt acts._--Same as in the first count, omitting as before, “and to subvert,” &c.

_Seventh overt act._--Same as in the first count.

_Eighth, Ninth, and Tenth overt acts._--Same as in the eighth, tenth, and eleventh overt acts in the first count, omitting at the end of the eighth and ninth as before, “and to subvert,” &c.

FOURTH COUNT.

That they did levy and make war against the King, and endeavour by force and arms, to subvert and destroy the constitution and government of this realm, and to deprive and depose the King of the crown.

The following is the LIST OF WITNESSES, containing 162 names, and amongst them some of the most distinguished Members of Administration, the Police Magistrates and Officers, the Soldiers employed in the arrest, many women, boys, &c.

Adams, Robert, cordwainer, an accomplice, in custody Alderson, Leonard, Antelope-gardens, Holywell-mount, cordwainer Aldous, James, Berwick-street, pawnbroker Avis, George, Bow-street patrol Adkins, William, governor of the House of Correction, Coldbath fields Bathurst, Right Honourable Charles Baker, John, servant to the Earl of Harrowby Baker, Robert, Esq. Justice of the Peace, Bow-street Baker, Gabriel, yeoman, warder of the Tower Baldwin, William H. shopman to Mr. Colnaghi, printseller, Cockspur-street Barrow, William, chair-maker. Basey, James, soldier, 2d regiment coldstream guards Bishop, Daniel, officer, Bow-street Bissex, Charles, watchman Birnie, Richard, Esq., Bow-street office Brind, Joseph, servant to J. Saunders, St. John-street, Clerkenwell Brooks, William Charles, Bow-street patrol Bourchier, Charles, Esq., assistant solicitor, Treasury Bulmer, John, warder of the Tower Bubb, Thomas, watchman Bamford, John, captain and adjutant of the London and Westminster Light Horse Volunteers Buller, James, Esq., one of the clerks of his Majesty’s most honourable Privy-Council Brand, George, turnkey of the House of Correction Brand, Henry, ditto Castlereagh, Viscount Carr, Thomas, cordwainer Carter, Robert, yeoman, warder of the Tower Caylock, George, Cato-street, blacksmith Champion, Joseph, Bow-street patrol Chapman, Robert, ditto Chetwynd, Richard, Viscount, one of the Clerks of his Majesty’s most honourable Privy-Council Claddis, Stephen, yeoman, warder of the Tower Clark, John, ditto Clark, William, ditto Clark, Thomas, Great York-mews, Portman-square, tailor Cooper, William, warder of the tower Curtis, Jonathan, soldier, 2d coldstream guards Cygrove, John, ditto Davy, John, Parker-street, Drury-lane, wheelwright Davies, Jeremiah, warder of the Tower Davies, H. servant to the Earl of Ailesbury, Grosvenor-square Davison, Thomas, printer, Duke-street, West Smithfield Denne, George, yeoman, warder of the Tower Devisme, Gerard, Esq., Bryanstone-street, merchant Dobson, Jonathan, Silver-street, Clerkenwell, dealer in old iron Dobson, Esther, wife of the above Dwyer, Thomas, Gee’s-court, Oxford-street, bricklayer East, James, warder of the Tower East, Richard, ditto East, Robert, White-street, Moorfields, letter-caster Edwards, George, Ranelagh-place, modeller Edgar, James, soldier, 2d coldstream guards Ellis, James, Bow-street patrol Farrell, Thomas, Duke-street, Lincoln’s-inn-fields, green grocer Fitzclarence, Frederick, ensign, 2d coldstream guards Flanagan, Patrick, St. Giles’s, watchman Fletcher, William, warder of the Tower Ford, William, Mount-street, Lambeth, cordwainer Francis, Emanuel, Southampton-mews, Marylebone, labourer Fryer, William, warder of the Tower Gill, Benjamin George, Bow-street patrol Gillan, Henry, servant to Mr. Whittle, apothecary, Mount-street, Grosvenor-square Gould, Mary, Adam’s-mews, Grosvenor-square, wife of George Gould, victualler Gould, Elizabeth, Stanhope-st. wife of Robert Gould, victualler. Gibbs, William, Bow-street patrol Harrowby, Dudley, Earl of, Lord President of his Majesty’s most honourable Privy-Council Hale, Joseph, apprentice to John Thomas Brunt, boot-closer Hanson, Edward, sergeant of artillery, Tower Harknett, John, Clement’s-inn, labourer Harrell, James, Lamb’s Chapel-court, Monkwell-st., cordwainer Hatton, Thomas, warder of the Tower Hayward, Joseph, Long-alley, Moorfields, cordwainer Hiden, Thomas, Manchester-mews, milkman Hoare, Mary, Great Wild-street, spinster Hobbs, John, White Hart-yard, Brook’s-market, victualler Hobhouse, Henry, Esq., one of his Majesty’s Under Secretaries of State Howard, George, Fox-court, Grays-inn-lane, cordwainer Humphrey, William, warder of the Tower Humphreys, Samuel, Radnor-street, St. Luke’s, iron-founder Inglis, James, soldier, 2d regiment coldstream guards Jennings, Thomas, New Compton-street, carver and gilder Isaacs, Jane, Cato-street, spinster Keyes, Thomas, Frith-street, Soho, victualler Keyes, Thomas, the elder, gent., same place Knowles, Walter, warder of the Tower Lane, John, gent., gaoler of the Tower Lavender, Stephen, officer, Bow-street Lee, William, patrol, Bow-street Leeson, John, warder of the Tower Legg, William, serjeant 2d regiment coldstream guards Litchfield Elijah, Clerk of the office of solicitor of the treasury Lawson, Edward, Brown’s-lane, Spitalfields, currier Lott, James, sergeant 2d regiment coldstream guards Main, Thomas, warder of the Tower M’Carthy, Anne, Gray’s-buildings, Manchester-square, wife of James M’Carthy, labourer Mansfield, John, servant, to ensign Fitzclarence Maule, George, Esq. solicitor to the treasury Miles, Thomas, warder of the Tower Moay, Giles, Franklin, Marylebone, watchman Monument, Thomas, Garden-court, Gray’s-inn-lane, cordwainer Monument, John, an accomplice, prisoner in the Tower Morris, Thomas, warder of the Tower Muddock, John, soldier in the 2d regiment coldstream guards Munday, Richard, Cato-street, labourer Munday, James, same place, labourer, son of the above Maidment, Jeremiah, constable, Bow-street Morison, John Hector, Drury-lane, cutler Morris, Stephen, turnkey, House of Correction Nixon, Luke, patrol, Bow-street Palmerston, Henry John, Viscount, secretary at war Pargiter, Henry, messenger to the solicitor to the treasury Pocock, J. Tunbridge-row, Lord’s Cricket-ground, whitesmith Poulson, Jonathan, servant to the Lord Archbishop of York Powell, John, warder of the Tower Pratt, Edward, Fox-place, Lord’s Cricket-ground, smith Price, J. H. Kendal’s-mews, Blandford-street, brassworker Privatt, Mary, Vine-yard, Southwark, char-woman Phillips, Henry, Pleasant-row, Lord’s Cricket-ground, labourer Raven, Henry Baldwin, clerk to the solicitor to the treasury Read, William, officer, Hatton-garden Revell, James, soldier, 2d regiment coldstream guards Ridsdale, William, waiter, Peele’s coffee-house Rochfort, George, Little Park-lane, Regent’s-park, watchman Rogers, Mary, Fox-court, Gray’s-inn-lane, chandler’s-shop keeper Rogers, George, warder of the Tower Ruthven, George Thomas Joseph, officer, Bow-street Sallibanks, William, Holly-row, Lord’s Cricket-ground, carpenter Salmon, William Joseph, Seymour-place, Marylebone, tailor Salmon, William, officer, Bow-street Saxelby, warder of the Tower Sheppard, Robert, ditto Shephard, Sarah, Great Wild-street, victualler Simpson, Edward, corporal-major, 2d regiment life-guards Smart, Thomas, Wood-street, Westminster, watchmaker Smith, Augustus, Swan and Horse-shoe public house, Little Britain, plumber and glazier Spooner, Ralph, servant to Armstrong and Co. Leather-lane Stafford, John, chief clerk, Bow-street Strickland, James, corporal 2d regiment coldstream guards Surman, John, patrol, Bow-street Sutch, William, John-street, Grosvenor-mews, cordwainer Smith, John Clark, John-street, West, Edgware-road, victualler Taunton, Samuel H., officer, Bow-street Taylor, Sarah, Warwick-street, Golden-square, printseller Thompson, Abraham, warder of the Tower Tomlin, William, Gray’s-inn-lane, victualler Townshend, John, patrol, Bow-street Vansittart, Nicholas, (the Right Hon.) chancellor and under-treasurer of his Majesty’s exchequer Valentine, Benjamin, William, officer, Marlborough-street Underwood, William, warder of the Tower Wales, John, officer, Marlborough-street Walker, James, Gun-street, Old Artillery-ground, coffee-house keeper Walker, Eleanor, spinster, servant to Henry Rogers, Fox-court, Gray’s Inn-lane Weeden, James, Edgeware-road, oil and colour-man Welford, John, South-street, Park-lane, clerk to James Denew, auctioneer and appraiser Westcott, William, patrol, Bow-street Wood, Robert, Elliot’s-row, Lord’s Cricket-ground, tinman Woodward, John, High-street, Islington, cordwainer Wright, John, patrol, Bow-street Wheeler, Henry, turnkey, House of Correction Weston, Elizabeth, Cato-street, wife of Edward Weston, plumber and glazier.

In addition to the copy of the indictment, and lists of jurors and witnesses, the prisoners received each of them the following notice from the Solicitor to the Treasury:--

“The King _v._ Arthur Thistlewood, Wm. Davidson, James Ings, John Thomas Brunt, Richard Tidd, Jas. Wm. Wilson, John Harrison, Richard Bradburn, John Shaw Strange, James Gilchrist, and Charles Cooper, for high treason.

“You are hereby required to produce, upon the trial of this indictment, certain paper writings, written or prepared, or caused to be written or prepared by you, or some or one of you, on or about the 23d day of February last, each of these purporting to be an address to the people of this kingdom, stating therein that their tyrants were destroyed, and that the friends of liberty were called on to come forward, as the provisional government was then sitting, or to the like purport or effect; and also a certain other writing, written or prepared, or caused to be written or prepared by you, or some or one of you, purporting to be an address to the soldiers, soliciting them to join the friends of liberty, and that they should have their discharge, * * * * * and full pay for life, and twenty pounds to take them to their homes, or to the like purport or effect; and also all other addresses and proclamations whatsoever, written or prepared, or caused to be written or prepared, by you, or any of you, between the 1st day of January, and the 24th day of February last.

“Dated this 8th day of March, 1820.

“GEO. MAULE, Solicitor for the Prosecution.

“To the above-named Arthur Thistlewood, &c., and to each and every of them.”

The reason for the service of the above notice was as follows: It was supposed that the accomplices who had become king’s evidence, would, in their examination as witnesses, state, that such an address as that referred to in the notice was prepared and in the possession of some of the defendants; and as the prosecutors would not, according to the rules of evidence, be allowed to give verbal testimony of the contents of the address without previously giving notice to the defendants to produce the original, the Crown Solicitor served them all with notice.

On the 13th of April, Mr. Sheriff Rothwell received a summons from the office of the Secretary of State for the Home Department, requiring his presence at Whitehall, to make the necessary arrangements for the removal of the state prisoners in the Tower to Newgate. The Sheriff, accompanied by Mr. Under-Sheriff Turner, immediately proceeded to the Home-office, where they were introduced to Lord Sidmouth.

The mode of conveying the prisoners having been decided upon, Lord Sidmouth delivered to Sheriff Rothwell a writ, empowering him to receive into his custody, from the Warder of the Tower of London, the bodies of _Arthur Thistlewood_, _William Davidson_, _James Ings_, _John Thomas Brunt_, _Richard Tidd_, _James William Wilson_, and _John Harrison_, charged with high treason. His Lordship at the same time intimated that a military force would be in attendance, to guard the prisoners to their place of destination.