Part 9
In consequence of the plan adopted, on the morning of the 14th, as early as half-past six o’clock, Mr. Sheriff Rothwell, Mr. Under-Sheriff Turner, Mr. Under-Sheriff Pullen, Mr. Brown (gaoler of Newgate,) Mr. Wontner, (the Chief City Marshal,) and Mr. Brown, (the Deputy Marshal,) arrived at the Tower, and were immediately introduced to the resident Governor, Major J. H. Elrington, who had been apprized of their coming, and had given directions to the Warders to have their prisoners in readiness. A numerous detachment of the Life Guards soon afterwards arrived at the fortress, and these were followed by a strong party of Bow-street officers, in seven carriages, which were engaged for the occasion.
At seven o’clock, every thing being in readiness, directions were given to the Warders to bring forth their prisoners. The prisoners were then conducted separately from their respective places of confinement, between two Warders, into the Court-yard, where they were delivered to the officers in waiting, by whom they were handcuffed. While the handcuffs were being placed on Thistlewood he was greatly agitated, and trembled exceedingly.
Their names were called over from the writ, and Mr. Brown, the gaoler of Newgate, was thus enabled to recognize their persons. They were all perfectly silent until about to depart, when they expressed their thanks to the Warder for the humane attention which they had received.
The whole being now assembled, they were marched, each between two Bow-street officers, to the Fosse-gate, beyond which the carriages had been drawn up. Thistlewood was placed in the first carriage, and was joined by three police officers. The remaining prisoners were each placed in a separate carriage, and each attended by three Bow-street officers. They were accompanied by a troop of Life Guards, and proceeded in a direct course to Newgate prison.
The carriages were flanked on each side by Horse Guards in single file. Notwithstanding the early hour of the morning, and the secrecy with which the removal was so prudently conducted, as the carriages issued from the Tower gates, an immense throng had assembled to witness their departure.
In the gaol of Newgate, the Marshal’s men, and a large body of constables, were assembled at seven o’clock, for the purpose of preserving order; and when, at twenty minutes before eight, it was announced that the prisoners were approaching, they sallied forth and formed a half-moon in front of the felons’ door. In a few seconds afterwards, the Horse Guards turned the corner of the Old Bailey, and rode up to the prison.
Mr. Sheriff Rothwell, and the Under-Sheriff, drove up to the private door of Mr. Brown’s house, and obtained admission to the gaol by that means. The prisoners alighted at the felons’ door, and were received by the chief turnkey. Thistlewood as he went up the steps, appeared greatly dejected; as did Ings, Tidd, and Brunt. Davidson, Harrison, and Wilson, seemed to maintain their confidence.
The prisoners were ultimately conducted to the cells which had been previously prepared for their reception; and the whole being thus safely delivered to the proper authorities, the Horse Guards rode off to their quarters.
Thistlewood was placed in a small but comfortable cell by himself, having a fire and other accommodations. In the day-time an officer was constantly present with him; and at night two were kept on guard.
The other six prisoners brought from the Tower were placed altogether, and had the accommodation of a large yard on the north side of the prison, in which they were allowed to take the air. With them also one officer in the day-time, and two at night, were always present.
At three o’clock in the afternoon the four prisoners confined in the House of Correction, likewise arrived at Newgate, without any military escort. They were brought in two carriages, accompanied by five or six police-officers. These four prisoners were placed in a separate cell apart from those who had been brought from the Tower.
With respect to the prisoners arrived from the House of Correction, the same precautions were taken, and one guard in the day, and two at night, were appointed to be constantly present with them.
In order to prevent any disturbance of a serious nature taking place, a further precaution had been taken. A detachment of the London Militia arrived in the course of the afternoon at Newgate, and continued there until the whole of the trials were concluded.
A committee was formed among the friends and partizans of the prisoners, for the purpose of raising subscriptions to support the wives and families of the unfortunate men, who, it will be recollected, were all of the lowest and most abject class of society, during their imprisonment, and for employing a solicitor, retaining counsel, and arranging other matters for their defence on the approaching trial.
The following hand-bill, containing a forcible appeal to the feelings of the public, was put forth by the families of the misguided men, under the direction of the committee for the management of their defence. How far the assertions so confidently expressed in this paper were borne out by the evidence given on the trial, on which we are now about to enter, we leave our readers to determine.
AN APPEAL TO THE BRITISH NATION.
“The WIVES and FAMILIES of the _unfortunate persons_ now imprisoned for an _alleged conspiracy_ against the present government, venture to intrude their helpless and unprotected situation on the immediate attention of their countrymen, and to offer this imperfect, but they trust not unsuccessful, appeal.
“Into the truth or falsehood of the charges, by virtue of which their husbands and parents are suffering under the double weight of public obloquy and rigorous confinement, they do not now presume to enter; they merely put in their claims in behalf of their unhappy relatives, that they may not be deprived of the benefits common to every Briton, _viz._, that of being at least not condemned until _legally_ proved guilty, nor excluded from all possibility of a fair and unbiassed trial, _before a jury of their peers_.
“They beg to remind their countrymen that, hitherto, the unfortunate accused have had no opportunity of proving their innocence, or offering any thing in their own defence; that all is _ex-parte_ statement, consisting of the testimony of _Bow-street Officers_, and the exaggerated reports contained in the public Journals, the former of which in many instances have been _interested parties_, and have even been _proved_ to have instigated to the commission of crime, that they might afterwards _betray the delinquents, and obtain the promised reward_; and the latter are notoriously guilty of loading their daily columns with the most scandalous falsehoods and misrepresentations.
“Under these impressions, they trust that a generous and humane Public will suspend their judgment, until the whole of this unhappy business has undergone the solemn and final adjudication of a Legal Tribunal, when the guilt or innocence of the respective
## parties may be rendered manifest to the world at large. Of this
they are naturally the more solicitous, because it will be recollected, that when upon a former occasion, some of the persons who now stand charged with the crime of High Treason, were accused and tried for a similar offence, it was found, after a patient and impartial investigation, to the perfect satisfaction both of the Jury and the British Public, that the alleged Conspiracy was (as they verily believe the present will also be proved,) nothing more than the artful invention of _hired Spies_ and _secret Agents_, who endeavoured to instigate to the perpetration of crime, that they themselves might reap an ample harvest from the blood of their deluded victims, and recommend themselves to their employers.
“Waiving for the present, however, all further discussion upon this painful and distressing subject, it is earnestly hoped that whatever opinion or prejudice may be entertained respecting the guilt or innocence of the accused, a generous Public will not confound the innocent with the guilty, or suffer the defenceless and unprotected Women and Children, who have no share or concern in these melancholy transactions, to perish for want of timely relief, while their Husbands and Parents are lingering in solitary confinement, unable to stretch forth a helping hand to save them from impending ruin: they are at this moment actually destitute of the means of subsistence, and dying for want of food.
“It is hoped that this imperfect but faithful statement of their real situation and circumstances, will induce the benevolent to step forward and contribute their liberal aid, to rescue those distressed objects from famine and despair.
“Subscriptions will be received by the Printer, 10, Duke Street, Smithfield; Mr. Griffin, 10, Middle Row, Holborn, (opposite Gray’s-Inn Lane:) Mr. Walker, Gun Street, Spitalfields; and by the Relatives of the accused Persons The smallest Donations will be thankfully acknowledged.
_Mary Brunt_, for herself and one child. _Mary Tidd_, and eight children. _Amelia Bradburn_, and eight children. _Mary Strange_, and two children. _Charlotte Preston_, and three sisters. _Susan Thistlewood_, one child. _Sarah Davidson_, and six children. _Caroline Harrison_, and three children.”
Mr. HARMER was employed by the Committee for all the prisoners, except Bradburn, having been previously employed for Bradburn by that man’s relations and friends.
Mr. ADOLPHUS and Mr. CURWOOD, were retained as counsel for Thistlewood, Brunt, Davidson, Ings, and Tidd; and Mr. WALFORD and Mr. BRODERICK, for the remainder of the prisoners.
It may be proper here to state, that during the whole time the prisoners were in custody, on the awful charges which we have so minutely detailed, the greatest attention possible was paid to their personal comfort and convenience, consistent with their safe custody; and indeed the unhappy men themselves felt and acknowledged the humane attention with which they had uniformly been treated.
FOOTNOTE:
[1] See Newgate Calendar, Vol. IV.
TRIALS
FOR
HIGH TREASON.
SESSIONS HOUSE, OLD BAILEY, SATURDAY, APRIL 15, 1820.
This being the day to which the Court had been adjourned for arraigning and receiving the pleas of the eleven prisoners, against whom Bills of Indictment for High Treason had been found, the proceedings commenced. At ten o’clock precisely, the Commissioners entered the Court, preceded by Mr. Sheriff Rothwell; they were, the Lord Chief-Justice Abbott, the Lord Chief-Justice Dallas, the Chief Baron Richards, and Mr. Justice Richardson. The Common Sergeant, who is also in the commission, was likewise present; and Sir William Leighton, Sir R. Carr Glynn, Mr. Alderman Christopher Smith, &c.
The _Lord Chief-Justice Abbott_, after the Commissioners were all seated, rose, and presented to Mr. Shelton the indictments which had been found under the Special Commission, for the purpose of having them tried under the General Session of Oyer and Terminer, and Gaol Delivery, then holden in that Court.
Mr. _Shelton_, on receiving them, immediately gave directions to Mr. Brown, the gaoler, to bring up his prisoners.
The prisoners were then brought into court, each man accompanied by a constable, and placed at the back part of the dock.
Arthur Thistlewood entered first; he looked pale and dejected. He was dressed in a black coat and velvet collar, light-coloured waistcoat, blue trowsers, and shoes. None of the prisoners were either handcuffed or bolted. The other men were decently clad, according to their means, and appeared cleanly and healthful. The whole being assembled,
Mr. _Clarke_, the deputy clerk of the arraigns, proceeded to call over their names from the back of the bill found for high treason, preparatory to
THE ARRAIGNMENT.
_Arthur Thistlewood_ first came forward, and was desired to hold up his hand. Having complied with this direction, he was placed at the bar. William Davidson (the man of colour), James Ings, John Thomas Brunt, and Richard Tidd, were then called, and went through the same ceremony.
Upon coming to the name of James William Wilson, Wilson, who remained with the other prisoners, did not answer. The name was twice repeated, but still he took no notice. One of the turnkeys then addressed him personally, and said, “Come forward, Wilson,” to which he replied, “That is not my name.”
Mr. CURWOOD now stated to the Court, that he was Counsel for some of the prisoners, and that it was intended to put in a plea of misnomer as to this man.
The _Lord Chief Justice_.--That must be done when the indictment is read, and when the prisoner is called on to plead.
The remaining prisoners, John Harrison, Richard Bradburn, and John Shaw Strange, James Gilchrist, and Charles Cooper, were then called, and severally came to the bar, and held up their hands.
The _Lord Chief Justice Abbott_.--“Prisoners, attend while the indictment is read;” and then, addressing himself to Mr. Clarke, “Let their names be called over again.”
Their names were accordingly called over; and Mr. Clarke proceeded to read the indictment for high treason, for which see page 90.
On coming to the second count,
Mr. _Curwood_ submitted, that as the overt acts in this count were similar to those in the first count, it was scarcely necessary to give the officer of the court the trouble of reading, or the court the fatigue of listening to it.
The _Lord Chief Justice Abbott_.--You think it may be dispensed with: very well, This may the more readily be acquiesced in, as all the prisoners have been furnished with copies of the indictment. Unless the prisoners themselves desire it, therefore, this count need not be read. His Lordship then addressed himself to the prisoners, and asked them whether they wished any more of this count to be read? He added, that their counsel thought it unnecessary.
_Ings._--I do not think it is necessary.
The other prisoners all acquiesced in this determination.
The succeeding counts were then read, when Mr. _Clarke_ addressed himself to Arthur Thistlewood, and asked him, whether he was guilty or not guilty of the treasons and felonies whereof he stood charged?
_Thistlewood._--Not guilty.
Mr. _Clarke_.--How will you be tried?
_Thistlewood._--By God and my country.
The same question, which is the usual form in arraignments, was then put to Davidson, who also pleaded Not Guilty, and agreed to be tried in the same way.
_Ings_, in a firm tone of voice, said, “I am not guilty. I will be tried by God and by the laws of reason. The laws of reason are the laws of God.”
The _Lord Chief Justice_.--Instruct him to plead in the usual way.
Mr. Brown having spoken to the prisoner, he agreed to the ordinary terms of the plea, and said he would be tried by God and his country.
John Thomas Brunt and Richard Tidd followed the example of Thistlewood and Davidson.
Mr. Clarke next called the name of “James William Wilson.”
Wilson came forward, and repeated his declaration, that that was not his name.
The _Lord Chief Justice Abbott_.--What is your name?
_Wilson._--My name is James Wilson.
Mr. CURWOOD.--We mean to plead in abatement that this man has been indicted by a wrong name.
The _Lord Chief Justice Abbott_.--Is your plea prepared?
Mr. CURWOOD.--Yes, my Lord.
The _Lord Chief Justice Abbott._--Let it be sworn.
The plea was then handed to Wilson, and he was sworn, in the customary form, to answer all such questions as the Court should demand of him.
The _Lord Chief Justice_.--Have you read the contents of that plea, and the form of affidavit subjoined; and is it true in matter and in substance?
_Wilson._--I have, my Lord; I have signed it; it is true.
The _Lord Chief Justice_.--You swear the contents of your affidavit are true?
_Wilson._--Yes.
The _Lord Chief Justice_.--Let the plea be received.
The plea was handed accordingly to Mr. Shelton.
The _Lord Chief Justice_.--The plea is received by the Court. It is for the Attorney General to consider what he proposes to do with it. For the present, take that man back.
The prisoner stood back. Harrison, Bradburn, Strange, Gilchrist, and Cooper, then pleaded Not Guilty, and pursued the course adopted by the other prisoners.
Thistlewood, Brunt, Tidd, Wilson, Harrison, and Strange, were then arraigned on a second indictment, charging them, in various counts, with the wilful murder of Richard Smithers, in the parish of Marylebone, in the county of Middlesex, on the 23d of February last.
They all pleaded Not Guilty, with the exception of Wilson, who again pleaded the misnomer, and a plea was ordered to be prepared accordingly.
Ings now attracted the attention of the Court, and said, “I wish to speak, if I am permitted. I wish to know whether we are going to be tried altogether or separately? My wish is to be tried separately. I think I shall be able to prove that I am innocent of the charges alleged against me.”
The _Lord Chief Justice_.--It is probable your request may be attended to; but this is not the proper time for making it. We will hear that presently.
The whole of the eleven prisoners were next arraigned on a third indictment, which was founded on the coroner’s inquisition, by which they were all, together with certain other persons to the jurors unknown, pronounced guilty of the wilful murder of Richard Smithers. In this indictment the name of Wilson was correctly set forth: he, therefore, together with the other prisoners, pleaded Not Guilty.
Arthur Thistlewood was then arraigned separately on an indictment, charging him with shooting at, with intent to kill, or do some grievous bodily harm to, William Westcott, one of the Bow-street patrol engaged in arresting the conspirators in Cato-street. He pleaded Not Guilty, as did
James Ings and Richard Tidd to similar indictments preferred against the latter, for shooting at, with intent to kill, William Legg, serjeant in the Coldstream Guards; and the former for shooting at William Charles Brooks, one of the Bow-street patrol.
To each of these indictments a count was added, alleging the intent to be to obstruct certain officers of the peace in apprehending them while in the pursuit of illegal objects, and conspiring to murder and assassinate certain liege subjects of our Lord the King.
James Wilson was put to the bar to plead to an indictment against him for shooting at John Muddock, one of the soldiers engaged in Cato-street; but, being again described as James William Wilson, he pleaded his misnomer once more, and a plea was ordered to be prepared accordingly.
The whole of the indictments having been gone through,
The _Attorney-General_ addressed the Commissioners, and said, that as he understood it was the wish of the prisoners to separate their challenges, he begged that the prisoners might be apprized that Arthur Thistlewood would be tried alone upon the indictment for high-treason on Monday morning.
The _Lord Chief Justice_ desired that the prisoners might be asked, whether it was their wish to challenge separately?
The prisoners all expressed their wish to that effect.
Mr. _Shelton_ then addressed Thistlewood, and informed him that he would be put upon his trial for high-treason on Monday morning, at nine o’clock.
The prisoners were then all taken from the bar, with the exception of Wilson, who remained to make affidavits to the pleas which he had tendered.
The _Attorney General_ then adverted to the necessity of assigning Council to the prisoners under the terms of the statute.
The _Lord Chief Justice_ desired that the names of the Council selected by the prisoners might be stated to the Court.
Mr. _Harmer_ immediately announced, that Mr. ADOLPHUS and Mr. CURWOOD were to be the Counsel for the first six prisoners, including Arthur Thistlewood; and that Mr. WALFORD and Mr. BRODERICK would conduct the defence of the remaining five.
The _Lord Chief Justice_ directed that the Council named should be assigned accordingly.
The additional pleas of Wilson were then brought into court by Mr. Harmer, and the prisoner was sworn to their contents.
The _Lord Chief Justice_.--Let the pleas be received. His Lordship subsequently announced, that the Attorney-General had filed his replication to the pleas in question.
[Illustration: Thomas Hiden.]
[Illustration:
_Wivell Del^t._ _Cooper Sculp._
Robert Adams.]
Wilson was then taken back to Newgate, and the whole of the prisoners were re-conducted to their respective places of confinement. Thistlewood shook hands most cordially with some of his companions, whom he had not previously seen since his commitment.
TRIAL OF ARTHUR THISTLEWOOD,
FIRST DAY, APRIL 17, 1820.
The interest excited by this trial was strongly manifested by the assemblage of a crowd in front of the Sessions-house, as early as seven o’clock. Previous to this time a numerous body of the civil force had arrived, and were stationed in such situations as to control the multitude. For the purpose of preventing the interruption arising from the passage of carriages and carts through the Old Bailey, rails were erected at the two ends, next Ludgate-hill and Fleet-lane. These were only opened to admit the carriages of persons engaged in the business of the Court.
At eight o’clock the arrival of the jurymen who had been summoned created considerable bustle, and this was greatly increased by the pressure of other persons for admission to the Court. Regulations were adopted to prevent the entrance of those who were not provided with tickets. This was the more necessary, as from the limited nature of the Court but a small portion of the public could obtain accommodation. The Jury alone, who stood in the body of the Court, were upwards of two hundred in number. Certain boxes were devoted to the reception of females, several of whom were present.
The witnesses for the Crown were divided into two parties. The more respectable were placed in the Grand Jury room, and those of an humbler class remained in a contiguous apartment.
Monument, who remained a prisoner in the Tower, was brought from thence in the care of two warders, and Lavender and Bishop. He was placed in a room by himself, as was Adams, who was brought from the House of Correction in the custody of Governor Adkins.
The pikes, swords, guns, pistols, grenades, ammunition, and other articles intended to be produced on the trial, and which the witnesses brought with them, presented a most formidable appearance.
At half-past eight Thistlewood was conducted from his cell, in the care of one of the Turnkeys. He appeared greatly dejected. He was placed in the apartment usually devoted to those about to be put on their trials. The other prisoners were not brought down.
As the time appointed for the sitting of the Commissioners approached, the body of the Court became greatly crowded; while the galleries, which are private property, and to which admission could only be obtained by the payment of a guinea, were comparatively thin. The boxes assigned to the Committee of City Lands and the Grand Jury were completely filled.
At nine o’clock the Commissioners entered the Court in the same order as described on Saturday. The Court was then opened in the usual form.
Mr. _Shelton_ immediately proceeded to call over the names of the Jurymen summoned. As they answered, they were asked, whether they were freeholders in the county of Middlesex to the amount of ten pounds a-year, or of a freehold and copyhold together of that amount? In the event of their answering in the negative, they were passed over. Those who did not answer when called, were called upon their summonses “to come forth and save their fines of 100 shillings and issue.” Several were in this predicament.
The object of this ceremony was to ascertain the number and eligibility of the Jurymen in attendance, preparatory to their being subsequently subject to the challenges of the crown officers and the prisoners. Some of the gentlemen were excused from attendance on the ground of their health being so infirm as to preclude them from doing their duty as Jurymen.