EVIDENCE FOR THE DEFENCE.

THOMAS CHAMBERS examined: I live in Heathcock-court, Strand. I have

seen a man of the name of Adams in company with a man named Edwards,

about a week before the Cato-street business took place, in my room.

They came together. They made a proposition to assassinate his

Majesty’s ministers. Adams and Edwards asked me to go with them. I

refused. Adams said, “They were going to kill his Majesty’s ministers,

and that they would have blood and wine for supper.” They came again

on the Monday night before the Cato-street business took place. They

brought with them a large bag.

Cross-examined by Mr. Gurney: I am a bootmaker; I might have seen

Ings. I am not certain. I cannot say how long I have known him. I

don’t suppose I have been in his company above twice or three times.

The first time was at a place where they sold the Black Dwarf and the

Medusa, kept by a man of the name of Watling. I cannot state where else

I have seen him. I know a house called the Scotch Arms, in Round-court,

in the Strand. I have been there three times, but did not see him.

Those times were before Christmas. There was no chair there. There was

no person sitting in a chair. There was no chairman. It was in no other

room but the tap-room.

I have been at the Black Dog, in Gray’s-Inn-lane, once; there was no

chair there; there might be about seven persons there; it was on a

Sunday night; I cannot say whether before or after Christmas; I was

invited there by a man of the name of Bryant, who was going to the

Cape of Good Hope. They were all strangers to me except one, and that

was Mr. Thistlewood; I know Brunt very well, he was not there; I don’t

think I know Palin; I will not swear I did not see him; I was at all

the meetings in Smithfield; I cannot state who carried the black flag;

I carried no flag at the last meeting; I before carried two flags--one

had inscribed on it “The Manchester Massacre;” I never saw such a flag

as “Let us die like freemen, and not be sold like slaves.” I carried

the flag inscribed “Trial by Jury,” at Mr. Hunt’s entry into London. I

know Davidson. I have not much knowledge of Tidd. I know Wilson. I know

Harrison very well. I have not much knowledge of Strange nor Cooper.

I have known Mr. Hunt ever since his triumphal entry into London. I was

shocked at the proposition of going to murder his Majesty’s ministers,

at least so much that I did not go. Though Bow-street was so near, I

did not go there to give information of the plot.

MARY BARKER spoke to Edwards’s bringing grenades to Tidd’s, her

father’s. There was one very large ball brought away by Adams.

This was the whole of the evidence for the prisoner.

Ings here requested, and was permitted to withdraw for about a minute.

He returned with an orange in his hand, which he sucked with great

composure.

Mr. ADOLPHUS then rose to address the Jury.

“Gentlemen of the Jury,--I call for serious attention and kind

indulgence, if for no other reason, for this consideration, that, if

your verdict should be against the unfortunate man at the bar, these

are the last favourable words that he shall hear uttered. My Lord will

state the law and the evidence to you fairly; but, beyond that, he

will say nothing for the prisoner. I feel the languor that necessarily

arises from the attempt to tread over ground already trodden, and

trodden in vain. But I advance to the task with a clear mind, and

faculties unfettered, because I can lay my hand upon my heart, and say,

that no opinion I formerly offered is now changed.

“The Solicitor-General, in his fervid opening, and my Lord, have told

you, that the former case is to be kept entirely out of view. I say

so; but I know how difficult it is to prevent the judgment from being

influenced by the memory. I cannot help here contrasting the joy and

alacrity of the Solicitor-General with my own feelings. He told you,

that he had to lay before you, not what he hoped to prove, but what he

had already proved. I have no such encouragement. It is for me a new

case; for Adams has, in this case, brought forward evidence which he

thought proper to keep in his own breast on the former trial.

“Much fervid declamation has been addressed to you by the

Solicitor-General upon the consequences of success in the alleged

plot. But you are to dismiss from your minds this speculative danger.

The Solicitor-General has also stated propositions of law upon the

subject of accomplices with great eloquence, but with less accuracy

than might have been expected from his station and character. He asked,

‘Has the accomplice any interest in giving a deeper dye,--in making a

stronger point,--in carrying conviction?’ I answer, ‘Yes, yes, yes!’

His impunity is conditional. He comes before you in chains, and in

custody.--I refer to your own breasts, whether a man that can himself

be yet prosecuted, has no interest in giving not true but acceptable

evidence. The accomplice has the advantage too of having all who could

contradict him tied up by the prosecution, and he therefore swears

boldly.

“We are told, we might call Palin. Most gracious offer! When a great

reward cannot stimulate the police-officers to find him, how should

we find him, and persuade him to put his life in peril? It is more a

taunt than a kindness; more a reproach on our weakness than an essay

on our strength. On the part of the prosecution, a witness has not

been called who was proposed to be called; and a witness that has been

called has been withdrawn, when our witnesses have been on the floor

to contradict him. This has further impoverished my poor, my destitute

clients.”

The ATTORNEY-GENERAL objected to these observations.

Mr. ADOLPHUS proceeded.--“Cook and Harris may be imaginary persons, and

how could we call them? If high treason in this case comes entirely

from the mouth of an accomplice, you cannot receive it. It is the whole

of the charge; and, if in that the accomplice is not confirmed, that

charge is unsupported; for, if you strike out the evidence of Adams,

there is not one word to prove treason.

“Let me ask you to try his testimony, then, by these tests.--1. Is

his account probable, or even possible?--2. Is his manner such as to

entitle him to credit?--3. Is he contradicted by witnesses for the

prosecution?--4. Is he confirmed? or is confirmation withdrawn? Upon

the first question, the learned Counsel argued with great force and

animation, that the witness, Adams, could not stand any one of these

tests, and therefore was not to be believed. If, said he, any thing

is to be gained by success in these prosecutions, it is to strengthen

the Government in the minds of the people; it is to obtain applause

for Ministers who have so vigilantly protected us. But your verdict,

gentlemen, is to decide the fate of that man, and no more. Great

Britain and Europe will judge of the conduct of Ministers; posterity

will decide upon their merits.

“In all questions at issue, in history and in politics, if any thing is

kept back, it ought to operate against the party who keeps it back.

Adams has fathered upon others what he has himself done. Call Ings a

murderer--call him an assassin--call him a felon--call him what you

will--but, for God’s sake, gentlemen, believe him.” After some animated

comment on the evidence of Chambers, the learned Counsel returned to

Adams.

“The meeting in Cato-street affords no evidence of the intention. Adams

alone states it. The very situation of Cato-street, however convenient

for the assassination, disproves the treason; for it is two miles and

a half from Gray’s Inn-lane, and two or three miles more from the

Mansion-house. They never could thus have removed to the greatest

possible distance from the points of action. What, then, are you to

make of two bags to carry two heavy heads? You cannot for a moment

raise this into treason; as well might you believe that an attempt was

to be made to liberate the prisoners in this gaol by throwing cherries

and carraway-seeds. Did they, then, levy war?

“I recollect seeing a man convicted at that bar of the murder of

a Minister of State (Mr. Perceval). I never can forget Sir James

Mansfield, the tears streaming down his aged venerable cheeks. If

strong feelings could make the assassination of a Minister treason,

that would have been treason. Suppose they had seized the cannons,

that would not be a levying of war; for they are not the King’s, but

the property of private individuals. The Mansion-house and the Bank

were not the King’s. The only tittle to support the treason was the

absurdity of a ‘Provisional Government,’ stated by Adams.

“Some of you remember, as I do, the conflagration of houses, and the

blazing of prisons, by a mob misled by an individual. The actors in

that scene were tried, convicted of felonies, but not of treason. Their

infatuated leader was acquitted of high treason. God forbid that I

should say my client stands before you free of guilt. God forbid I

should apologize for his conduct!

“The evidence precludes me from denying that there was an intention to

assassinate Ministers. Poverty rendered the men desperate, and impelled

them to crime. But treason is incredible and impossible. The whole

hinged on Thistlewood. He had but lately got out of prison, having

challenged Lord Sidmouth, who properly prosecuted him, instead of

accepting it. That he should entertain feelings of revenge was natural

and inevitable, considering that his was a bad mind. But this is not

treason.”

The learned Counsel having concluded his very able speech, the prisoner

was addressed as follows, by

_Chief Justice Dallas._--James Ings, do you wish to leave your defence

to the observations of your counsel, or do you wish to say any thing

yourself?

_Ings._--I wish to state the particulars how I became acquainted with

this party, if you will allow me.

_The Chief Justice._--Any thing and every thing you wish to state, of

course the court and jury will hear. Now is the time for you to state

those things; speak loud, and we will attend to what you say. Probably,

before you say any thing, you will consult your counsel.

_Ings._--I have but little to say.

_The Chief Justice._--After having drawn your attention to the

propriety of consulting your counsel, you will now do what you think

best.

_Ings_, addressing himself to the Jury, spoke as follows:

“Gentlemen of the Jury, I am a man of no education and very humble

abilities. If you will hear me with patience, I will not detain you

long. I lived in Portsea. I came to London in the beginning of May,

1819. I came with my wife and family. The reason I left Portsmouth was,

that I was unable to get employ to support my family (here the prisoner

seemed affected by his feelings.) When I came to London I thought I

could get employ, but I was for a considerable time, and could get

nothing to do. Knowing nobody I suppose was the reason. I had a few

pounds with me when I came from Portsea. Finding my money going I did

not know what to do. It did not go by drinking or gambling.

“I determined to get into business, and I went up to Baker’s-row,

where I set up a butcher’s shop. I stopped there three months, from

Midsummer to Michaelmas; the summer being hot was against me; I lost

a considerable deal of money in the course of the summer; I then took

a house in Old Montague-street, which I opened as a coffee-shop; in

fitting up the shop my money was all gone; I did not take money enough

to support my family. I now persuaded my wife to return to Portsea

among her friends, where I thought she would be better than with me in

London.

“After my wife had left me some considerable time, there was a man

who used to come and take a cup of coffee at my shop. I had never

nothing to do with politics; but he began to speak about the Manchester

massacre. I said very little; I always took him to be an officer. He

came frequently before I left the house.

“Some time after I met him in Smithfield. I went there to see if I

could get any employ. He asked me how I did; and I said very well. He

said, he had been often to my house, and asked me to stand treat. I

said it was not in my power, and my reason was, that I had no money;

I added that I should be obliged to sell my things. He asked me what

things I had to sell, and I told him various articles. He agreed to

buy a sofa bedstead.

“I then went to live in Primrose-street. This was in January last. A

few days after, I met him in Fleet-market. He asked me where we could

have something to drink; and respecting the sofa bedstead, he said he

thought he had a friend that would buy it. I took him to my house, but

we could not agree. We came back to Fleet-street; he then told me there

was something going to be done. I asked him what it was, and he said no

good man would want to know what was to be done before it was begun. We

went directly and had some bread and cheese. He took me to the White

Hart, where I saw a few of my fellow-prisoners. I asked who he was. I

understood his name was Williams; but I since know that it was Edwards.

He told me that it was he made Thomas Paine (the statue of Paine) at

Mr. Carlisle’s; and it was the same man that did make it. He afterwards

took me to another room where I got refreshment.

“I did not know the particulars of any thing that was going to be done.

I was a stranger, and went for food. That very day he brought me a

sword to get ground for him, which I took to the cutler’s in my own

name; and do you think, gentlemen, if I knew that any thing was going

on, that I would have left it in my own name? I often went to the man

afterwards, for I had no friends. On the 23d of February, he came to me

at my lodging, in Primrose-street, for my landlord charged me nothing

for my lodging, and says, ‘There’s something a going to be done; do

you come up to the alley opposite Mrs. Carlisle’s; about six o’clock,

I shall meet you there.’ I went from there up to the room. I was there

all day, and I got some bread and cheese.

“At six I went to Fleet-street. He was standing in the alley. I

understand since, from the list of witnesses, that he lives in that

alley. He told me to wait, which I did, for an hour. He then came and

gave me a couple of bags and a belt, and asked me to come to the room

in Fox-court. On my going there he told me that he was going to put

some gin in the bags; and that it was to be got on the sly. That was

the sole reason that I put the bags under my coat, lest the patrol

should see them. I went with him up to St. Giles’s, where he said we

were to get the gin. When we got there, he told me it was not there. We

went up to Oxford-street, where he said a friend lived. He left me and

I waited for him an hour. He then took me up to John-street, I believe

it was, for I never was there before, to the stable. He told me I would

see some friends there; he then left me.

“When I came under the archway, I saw Davidson; Davidson took me into

the stable. I never was up in the loft. I declare positively, before

God, I was not in the stable more than five minutes when the officers

came in: there was only me there. Mr. Ruthven, then, or somebody with

carroty whiskers, and another, went up the ladder into the loft, and a

third man came in, collared me, and said, “You are my prisoner.” Very

well, I says. Soon after he collared me, he began beating me with his

staff till my head swelled most dreadfully. In the mean time I heard a

gun or pistol go off in the loft.

“When he let me go and run out of the stable, I followed him into the

street. On going into the street, an officer went after me, and I ran

all down the street. I met a man who struck me violently on the head

with a stick as I was going towards him. I ran from him, and with that

I was pursued, when I was stopped by a watchman who beat me also. They

took me down to the watch-house. That is all I know about the meeting.

“I am like a bullock drove into Smithfield market to be sold. (Here

the prisoner burst into tears.) I say I am like a bullock drove into

Smithfield to be sold. (This he repeated with great energy.) The

Attorney-General knows the man. He knew all their plans for two months

before I was acquainted with it. (Still crying.) When I was before Lord

Sidmouth, a gentleman said, Lord Sidmouth knew all about this for two

months. (Still in tears.) I consider myself murdered if this man is not

brought forward. (A more violent gush of tears.) I am willing to die

on the scaffold with him. He told of every thing which he did himself.

I don’t value my life if I can’t get a living for my family. (In still

greater grief.) My life is of no use to me if I want bread for my wife

and family. I have a wife and four children. I never was in the habit

of drinking, nor nothing of the sort. I cannot describe my feelings to

you about my wife and family. (In tears.)

“I hope, before you give your verdict, that you will see this man

brought forward, or else I consider myself a murdered man. I knew

nothing of their plots; he was the instigation of it all. I never

attended none of their radical meetings. I hope you will weigh well

this in your minds before you return your verdict. That man Adams, who

has got out of the halter himself by accusing others falsely, would

hang his God. I would sooner die, if I had 500 lives, than be the means

of hanging other men.”

Lord Chief Justice DALLAS.--Is there any thing more you wish to say?

INGS.--Nothing more. I have only one thing to prove my character. A

gentleman put it down from my childhood. (He here handed a paper, which

his Lordship declined to take.)

The ATTORNEY-GENERAL rose to address the Jury about three o’clock. It

had been more than insinuated that these prosecutions were intended

to extend the law of treason, and that their verdict would enlarge the

powers of the Crown. But it was not so; by the due administration of

justice alone were they to pronounce on the guilt or innocence of the

prisoner.

“The 36th of the late King was not calculated to introduce uncertainty

and speculation. If the prisoners had the intention, and acted upon the

intention, of levying war, it was treason, however inadequate their

means. No man could doubt the truth of the story which Adams related.

The learned gentleman then commented on the evidence at great length,

insisting that the case was satisfactorily proved.”

Lord Chief Justice DALLAS proceeded to address the Jury. This most

painful inquiry having, in point of proof, been terminated, it became

his duty to recapitulate the whole of the evidence, and to make such

observations on the case as the different points seemed to him to

require.

“With respect to the indictment, it contained a number of different

counts and charges, which were founded on two specific statutes. The

first, an ancient statute, passed in the reign of Edward III.; and the

second, a more recent act, passed in the reign of the late King. But,

to make the case as clear as possible, they might dismiss most of the

counts from their minds, and look to the charge as composed of two

heads; one, conspiring to depose the King, and the other conspiring to

levy war to compel him to change his measures. He should now proceed to

recite the evidence as he had taken it. [The learned Judge here read

the evidence of the whole of the witnesses, pointing out those facts

which were most worthy the consideration of the Jury.] The learned

Judge then, in allusion to the testimony of Adams, observed, that,

if the doctrines held that day could be adopted, no such thing as an

accomplice could be admitted in a court of justice. His evidence would

be at once got rid of, by stating that he was guilty himself.

“They were, however, informed, that though it was often necessary to

receive the evidence of an accomplice, yet in the practical application

of that evidence, they were to view it with a suspicious eye. They were

not to receive it, except it was confirmed. On this point he had heard

the law grossly mis-stated.

“The testimony of an accomplice ought to be confirmed in some

particulars, but not in all; for if they possessed the means of proving

all he stated, there would be no necessity to call him to give evidence.

“It was for the Jury to say whether the prisoners had not a

revolutionary object in view. If they were assembled merely for the

purpose of assassination, of course the charge of treason was not made

out, but if they thought otherwise, undoubtedly it was. It might be

said that it was impossible men could entertain such an extravagant

project; if he had been told that there were twenty-five men on the

face of the earth, and still less, of the country to which he had the

honour to belong, who intended to commit the foul and dreadful act of

butchery and blood which had been described, he should have said, till

they were detected, that it was utterly impossible--that such a thing

never had happened and never could. But looking to the evidence, it was

clear and undoubted that such an occurrence had happened.

“The prisoner had called witnesses before them, and he had implored the

Jury, ere they disposed of his fate, to consider his case maturely. In

that request he went hand in hand. If they were of opinion that those

persons assembled only to destroy fourteen individuals, and that the

materials found were merely collected for that purpose, they would then

give the benefit of that doubt to the prisoner. But, on the other

hand, if, in the discharge of their duty, acting in the name of that

Being who had been more than once appealed to in the course of this

inquiry, they believed that the offence was proved, they would then, he

was sure, fearlessly and intrepidly return with a verdict in conformity

with their sentiments.”

The Jury retired at twenty-five minutes after eight o’clock, and, at a

quarter before nine, returned a verdict of--GUILTY, ON THE FIRST AND

THIRD COUNTS--that is, of conspiring to depose the King, and to levy

war to compel him to change his measures.

The prisoner was then taken from the bar, and the Court adjourned.

An Authentic History of the Cato-Street Conspiracy With the trials at large of the conspirators, for high treason and murder, a description of their weapons and combustible machines, and every particular connected with the rise, progress, discovery, and termination of the horrid plot · 第 49 / 80 题