_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._