“My Lord, I have had a defence put into my hands only a few minutes
ago, which I have not had time to peruse over. Yet I have two or three
observations to make respecting the evidence--particularly respecting
the evidence of Monument. It’s quite useless for me to deny that I was
in the room in Cato-street; but immediately on the arrival of Monument
in Cato-street, he approached me, and asked me what was going to be
done, when he saw the arms on the bench; to which I replied, that I
was not aware of any thing being going to be done, for that Edwards
had not brought so many men by thirty as he stated he would bring, and
that it was not my intention to endeavour to do any thing with so few
men. I would not be led by any individual. Accordingly, perceiving that
Monument betrayed a great deal of fear, I persuaded him to go away.
“My Lord, a considerable stress has been laid upon what I said
respecting the number of men who were to go to Lord Harrowby’s
house. This I declare was not true. I will admit, my Lord, that when
Thistlewood, as has been stated, addressed himself to the few men who
were there, and spoke, as the witness said, that if they did not go it
would be another Despard job, that some few men did go into the small
room; but, my Lord, it never came into my mind, I solemnly protest, to
go there. They were endeavouring to see if fourteen or fifteen men were
disposed to go to the square; but I would not agree to a plan which I
knew must expose these few individuals to instant death.
“I will now call your Lordship’s attention to two circumstances
respecting the conduct of myself. In the first place, Adams says, in
order to implicate me more deeply, that I declared that I would go into
the room and blow the house about their ears. This, my Lord, is false.
For you see that when Monument comes forward, he makes a declaration to
you, gentlemen of the Jury, that I declared I would go myself and bury
myself in the ruins. Is this consistent?--is it upon such evidence as
this, that you will deprive a son of a father, and a wife of a husband?
“I should wish to advert to another circumstance. While I was in
Coldbath-fields prison,--when I was there for nearly three days, during
which I was scarcely out of my room, even to wash myself. When I came
down out of my room to the fire I saw Monument; I saw Strange; I saw
Cooper; I saw Bradburn. Monument, my Lord, came to me, and sat himself
down close by me, and whispered in my ear these words: he said, ‘What
did you say when you came before the Privy Council?’ I says, ‘That I
said I knew nothing about the matter.’ This, my Lord, induced me to ask
Monument what he said? and I says, ‘What did you say?’ upon which he
says, ‘I could say nothing--you told me nothing. Why did you not tell
me more?’ I says, ‘It were impossible for me to tell you what I did not
know myself. You know very well, that when you saw the man call on us
to go into the small room I declined.’
“I admit, as was said by Adams, that I was one that was named to go to
the house; but, gentlemen of the Jury, you were not told that he was
the villain who so named me, and that he constantly came to my house
twice a-day, although he now comes to give evidence to deprive me of
my life.
“I am no traitor--I was determined, when I entered into this base plot,
that I would lose my life sooner than I would betray an individual.
I would be put to death--I would die on the rack, rather than I
would betray a fellow-creature. This is my principle. This shews the
intention of Monument to betray me.
“Now, my Lord, I come to advert to a circumstance which occurred to
me at Cambray, in France. It becomes me to state any thing which may
be of use to me and my fellow-prisoners. While I was in Cambray, in
France, my Lord, I met Adams when I first came from Paris. Adams worked
for the officers, and I assisted him in work which he was incapable of
performing himself. He afterwards became so jealous, that he threatened
to take my life, and I was obliged to leave the house, which I did, and
I never worked for him again. I afterwards went from Cambray to Lisle,
where I worked for an English tradesman of the name of Brailsford. I
worked for him two or three months, until I got a little money. During
this time I knew nothing of Adams.
“When I came home I found that my wife had lost her senses, and was in
St. Luke’s, in consequence of her having heard that my son and myself
had been assassinated in France. I settled myself, and my wife shortly
after came out. I got a good seat of work, and at this time I was
persuaded to receive, as my apprentice, Hale, the witness, who has been
called to you.”
Here the prisoner entered into some details relative to the character
of the relations of Hale, in which he was interrupted by the Chief
Baron, upon the principle, that these persons were in no way connected
with the present case. He then went on to detail a variety of acts on
the part of his apprentice, all tending to prove him a person of bad
character, and unworthy of credit, to which he said, if he had the
means, he could bring evidence. He then spoke as follows:--
“Of Hyden I know nothing.” Here he again referred to the written
defence with which he had been furnished. He said he had not had time
to read it, but continued.
“I wish to advert to a person of the name of Edwards, who was the first
person that ever instigated me to enter into this snare. This Mr.
Edwards I first saw in company with Mr. Thistlewood, at the White Lyon
in Wych-street. This Edwards came to my lodging in Fox-court. I was
very short of work, and he used frequently to call on me--such a thing
as two or three times a-day; and this was long before the back room was
taken. If I was not at home he would wait for me; and often followed
me to places where I went for work. This was the case at the house of
a gentleman of the name of Scott, who saw him, and asked me if he was
waiting for me? and said, ‘Why does he not come in?’
“This man constantly harassed me, and oftentimes, my Lord, he supplied
me with money. He told me, and I can bring other people to prove it,
that he said that if he could get a hundred such men as me, he could
do any thing. He considered me a staunch man, my Lord, and thought,
I suppose, that I was a fit man to make a prey of. He often took me
out to call on people, and to treat them with drink. This was his
constant practice. He was continually with me before this business;
and I solemnly declare, that this was the individual, and not Mr.
Thistlewood, who brought me into this plot.
“I must now, my Lord, advert to what took place in Cato-street, and to
his (Edwards’s) conduct on that evening. I will state nothing but the
truth.
“My Lord, from the different favours I received from Edwards, I had
a good opinion of the man. When the officers came up into the room in
Cato-street, I made my escape in the best manner I could. I did not
make my escape, however, like a coward or a traitor, I did not desert
my companions. I went immediately to Grosvenor-square, where I knew
this villain was, although I shall, probably, by his means, be sent
into another world very shortly. I went to the villain, and told him
what had happened; at which he seemed very much surprised, and left the
square with me.
“Shortly after up came Thistlewood and another person, who was in the
room in Cato-street; but who has not since been taken, nor never will
I dare say, my Lord. However, we proceeded from Grosvenor-square, and
he took us into several wine-vaults to drink; I now believe, merely for
some person to identify us. I then went to Fox-court, Holborn, where I
had not been many minutes, when, as my apprentice stated, another man
came in, who said he had received a violent blow in the side. But my
apprentice has not stated, as the fact was, that the very individual
who came on the stairs and called us out, was Edwards.
“We went with him; and, on going into Holborn, there we met a man
of the name of Palin, and three more individuals with him. We went
altogether into Mr. Thompson’s wine-vaults, opposite St. Andrew’s
Church, on Holborn-hill. We drank some small glasses of liquor. When
we came out of the shop, we were followed very shortly by Edwards,
who called me on one side, and said he wished to speak to me. I heard
what he had to say. He began to find fault with Palin, who was drunk.
He declared that he was the man that had betrayed us, and that he was
unworthy to live. He said, that, to prevent treachery, he ought to be
made away with.
“From that we walked on till we came to Little Britain, or somewhere
thereabouts. We came to a dark place, where Edwards said that Cook
lived; but I did not know myself. He urged me again respecting Palin,
who still remained much intoxicated. He said to me, that it would
be the safest way to put him out of the world. He urged me several
times to assassinate Palin. He then put his hand in his pocket, and
pulled out a brass-barrelled loaded pistol, with which he told me to
assassinate Palin. He likewise offered me a sword-stick; and he said,
‘If you put him out of the world, we shall be safe.’ He also shewed me
a constable’s staff; and said, ‘I will act in the same capacity as I
did in Grosvenor-square; and, if there is any alarm, I will officiate
as an officer, and you may depend on it no discovery will take place.’
“Finding he entreated me to be guilty of murder, I made this reply: ‘If
you consider Palin a villain, the weapons are in good hands.’ Finding
he could not entreat me to commit murder, he says, ‘I must wish you a
good night; I am going to conduct Thistlewood to some secret place.’ As
he had always appeared to be a particular friend of Mr. Thistlewood’s,
I thought he was the most proper person to do this.
“Knowing of no evil intention myself against any individual, I was
determined not to know where he went; and I consented to bid him good
night. I then went home. Edwards afterwards came to me, and whispered
to me, and told me that he thought Palin and Potter had betrayed us,
and that he had not the smallest doubt of it. He then advised me to
send the articles which were found in the basket in the back-room, and
which my apprentice has described, over to a place in the Borough,
which I was going to do, but afterwards abandoned that intention.
“This is all I wish to say respecting what I know of the plot. Now
Edwards was the man who always found money, and who went about to
old-iron shops, buying pistols and swords, and other things for the men
who could not afford to buy them themselves.
“This, I declare before God, whose awful tribunal I shall, in all
probability, ere long, be summoned to attend, is the truth. Should
I die by this case, I have been seduced by a villain, who, I have
no doubt, has been employed by Government. I could not have abused
confidence reposed in me; and, if I die, I shall die not unworthy
the descendant of an ancient Briton! Sooner than I would betray a
fellow-man, I would rather suffer a thousand deaths! This is all that I
wish to say.”
The prisoner delivered the last part of his speech with great energy,
striking his clenched fist on the board before him. He then took his
seat with perfect composure, holding in his hand the defence which he
had made no use of.
The CHIEF BARON began to sum up the evidence; but, while his Lordship
was proceeding, Brunt said, “My Lord, there are some of the witnesses
for the prosecution in Court; and, as their hearing the evidence summed
up may prejudice the trial of some of my fellow-prisoners, I hope your
Lordship will order them to withdraw.”
Mr. Gurney.--My Lord, they are only those witnesses who were permitted
to remain by common consent; they are the officers.
The Lord Chief Baron.--They are only those whom your Counsel have
consented to remain.
Mr. Baron Garrow repeated the same observation to the prisoner, who
bowed respectfully to the Court, and resumed his seat.
The CHIEF BARON began his charge to the Jury by telling them, that this
was not constructive treason. A nefarious assassination was admitted
by the Counsel for the prisoner, and by the prisoner himself, to have
been intended; an assassination of some of the most honourable and the
most amiable of the King’s subjects.
His Lordship then read the evidence.
In recapitulating the evidence of Adams, his Lordship observed, upon
that part where he (Adams) mentioned “that he had been induced to
give up Christianity by reading that infernal work, Paine’s _Age of
Reason_, and the writings of Carlile,” that the circumstance was
important for the consideration of the Jury. They would weigh every
part of his testimony with jealousy, considering the situation in which
he was placed, and look upon his statement as requiring corroborative
proof. Unless it was supported by such evidence, they would, of
course, receive it with considerable hesitation; but if they found
it corroborated by the evidence of unsuspected witnesses, they would
consider of it accordingly. His Lordship then went through the evidence
of the other witnesses, remarking upon those parts where they coincided
with the account given by Adams. He then adverted to the arguments
of the prisoner’s Counsel, and to the observations of the prisoner
himself; which latter (though, perhaps, it might not have produced the
impression which they could have wished, for the sake of the prisoner)
they would give every attention to.
As soon as his Lordship concluded, and before the Jury retired, one of
them addressed the Court: “My Lord, I hope your Lordship will allow me
to ask a question as to a point of law.”
_The Lord Chief Baron._--Certainly, Sir; any thing you please.
_Juror._--My Lord, we are bound to take the law from your Lordship, and
no doubt you will give it to us most correctly. I wish to know whether,
if the evidence bore out that an arming had taken place, and that there
was a resistance to the civil power, would that, in the law, be a
levying of war?
_The Lord Chief Baron._--Undoubtedly. After a short pause, his Lordship
said, “Gentlemen, do I understand the question rightly? Please to
repeat it again.”
The Juror repeated the question; and his Lordship replied, that a
resistance to the civil authority would not constitute a levying of war.
_The Juror._--My Lord, if there was an arming for the purpose of
inducing his Majesty to change his measures, would that be a levying of
war?
_The Lord Chief Baron._--That, gentlemen, would constitute a levying
of war; and, if you believe that it was proved in evidence, it would
support the indictment under the Act of his late Majesty. I put only
the first and third counts to you, gentlemen, not to embarrass the case.
_The same Juror._--I would wish to consider the whole of the
indictment. I hope your Lordship will excuse my asking these questions.
_The Lord Chief Baron._--Certainly, gentlemen, it is your province to
consider the whole of the case before you. You have also an undoubted
right to ask any questions you may think necessary.
The Jury then retired at twenty minutes before four; and in about ten
minutes returned with a verdict of GUILTY on the THIRD and FOURTH
COUNTS.
The prisoner’s appearance was in no degree altered by the annunciation
of the verdict. He bowed slightly to the Court, and was removed in the
care of two of the gaoler’s assistants.