Mr. CURWOOD addressed the Jury on behalf of the prisoner, and urged
all those topics already detailed in his former speeches. He concluded
by calling a witness of the name of JOHN BENNETT, who was accordingly
sworn and put into the box, but before his examination commenced,
Mr. Gurney begged to ask the purpose for which this witness was called.
Mr. Curwood stated, that he was to contradict part of the testimony
given by the witness Hyden, in his cross-examination.
Mr. Gurney observed, that he had a few observations to make regarding
the relevancy of the evidence of this witness, and therefore desired
that he might be ordered to withdraw for a few moments from Court.
The witness accordingly withdrew.
Mr. Gurney then observed, that he conceived that this witness was
called to prove that Hyden had asked him to go with him to the
shoemakers’-club, because something would be done there for the good
of the country. Now Hyden refused to swear that he had not used such
expressions; he said that he thought that he had not, but he could not
positively tell. Supposing then that Bennett were to prove the words
imputed by the learned Counsel to Hyden, he would not prove any thing
which would invalidate Hyden’s testimony. He therefore hoped that his
learned friend would not waste the time of the Court by calling this
witness.
Mr. Curwood stated, that Hyden had sworn that he had never made use of
the words imputed to him. He, therefore, intended to call evidence to
prove that he had.
The Judges then referred to their notes, and after examination of them,
said that Mr. Curwood was mistaken in his opinion as to Hyden’s words;
they were to the effect stated by Mr. Gurney.
Mr. Curwood then declined to call Bennet, and said that he had no other
witness to examine.
Mr. ADOLPHUS then shortly addressed the Jury on the same side with Mr.
Curwood. He took a comprehensive view of the whole of the evidence;
denied that the evidence of Adams, the accomplice, was entitled to
the slightest credit; and contended that, as it was not supported by
more credible witnesses, the offence of which the prisoner had been
guilty, however great, did not amount to the charge in the indictment
of high treason. He concluded his address, in which he displayed much
zeal and ability, by appealing to the Jury on the danger to society of
receiving the unsupported evidence of an avowed accomplice, in a crime
of a nature so serious as that with which the prisoner stood charged.
He entreated them not to convict the prisoner because he was a bad man,
but to examine how far the charge against him had been substantiated.
A Juror rose and observed, that there was no evidence in the present
case of the ammunition having been brought back to Brunt’s house.
The Chief-Baron said there was not, or of several other matters
alleged, which he would advert to afterwards.
Mr. Adolphus said he had no intention of overstating any point; that he
had been unavoidably absent during part of the trial, and that might
have occasioned some inaccuracies--
The Solicitor-General interposed, and Mr. Adolphus sat down without any
further remark.
While Mr. Adolphus was delivering his address, Mr. Harmer’s clerk
delivered to the prisoner a written paper, which he began to read; but
he did not seem to view its contents with much attention.
The Chief Baron addressing the prisoner, said, “John Thomas Brunt; your
learned counsel have concluded their very able defence; but if you wish
to say any thing in your own defence, this is the time.”