_First Day, Wednesday, April 26, 1820._
At ten minutes after nine o’clock, Mr. Baron Garrow, Mr. Justice
Best, and the Common-Serjeant, took their seats on the bench; the
Attorney-General, Mr. Gurney, and Mr. Bolland, and the prisoner’s
counsel, Messrs. Adolphus and Curwood, appeared in Court at the same
time.
After a short consultation between Mr. Curwood and the
Attorney-General, Mr. Harmer quitted the Court, and proceeded to
commune with the prisoners in the gaol.
During the absence of Mr. Harmer, Mr. Baron Garrow addressed the
gentlemen who were waiting to be called on as Jurors. “They might,” he
said, “feel some surprise at the delay” and the Bench, therefore, felt
it right to declare that the present interruption was caused entirely
by an application made by the prisoners’ counsel. He hoped that the
Jury would not consider the delay as intended to convey any want of
respect towards them.
One of the Jurors said, he hoped the Court would allow them to sit
down, as many of them had come a considerable distance to attend the
Court.
Mr. Baron Garrow said, that the Court felt every disposition to
accommodate, in every possible manner, the gentlemen of the Jury, and
requested them to occupy the seats vacant in the Court.
Soon afterwards Mr. Harmer returned to Court, and communicated to Mr.
Curwood the result of his conference.
Mr. Curwood then, addressing Mr. Baron Garrow, stated, that a
proposition, which he had thought for the benefit of his clients, had
been acceded to by them, and that two of them (Tidd and Davidson) were
willing to take their trials at the same time.
Mr. Baron Garrow then addressed the Jurymen, and said, “Gentlemen,
I may now communicate to you that which it would have been improper
to have made known to you before. The learned gentleman who appears
here for the prisoners, and whose exertions you have witnessed upon
more occasions than one, has thought fit to consult his clients as to
whether it is necessary to pursue the course which has already been
adopted in severing their challenges, or whether two of them might not
take their trial by the same Jury. By this pause we have in effect
saved time, for the two next prisoners have agreed not to sever their
challenges, but to be tried at the same time.”
The prisoners, Tidd and Davidson, were then put to the bar; Mr. Shelton
called over the list of the Jurors, and after a number of challenges on
both sides, the following Jury was ultimately impanelled--
* W. Percy, Cleveland-street, Mary-le-bone, plasterer.
J. G. Holmden, St. James’s-walk, Clerkenwell, fusee-cutter.
J. King, Islington-road, Gent.
C. E. Prescott, Colney-hatch, Esq.
* Benjamin Rogers, Lampton, farmer.
Charles Goldings, Jamaica-place, Limehouse, surveyor.
Charles Page, Crouch-end, Esq. and merchant.
* J. Young, Frederick-place, St. Pancras, Gent.
William Butler, Hounslow, baker.
Joseph Sheffield.
William Churchill.
* Samuel Grainger.
The Jurors thus marked * had served on some of the previous trials.
Davidson asked whether the Court would allow him and his
fellow-prisoner to sit down. The Court complied with his request, and
chairs were brought to them.
Mr. Gurney having stated the case with great clearness and ingenuity,
he proceeded to call the witnesses for the Crown--beginning with,
ROBERT ADAMS. His evidence was the same as before, with some additions.
He said, that when the proposition was made for assassinating the
Ministers, it was added, that they had found out where they kept their
specie, and that they were to return and plunder it. Bradburn was to
make a box for the purpose of sending Castlereagh’s head to Ireland.
In cross-examination by Mr. Curwood, he said he came back to the belief
in Christianity about the 24th of February--the day after he was in
marvellous great danger of being hanged. The halter might have had
some effect. It was never lawful in his sight to sweep off fifteen men
in cold blood. He thought it was a cruel act when it was proposed.
Nevertheless, from the 12th of January to the 23d of February, he still
continued to frequent the society in which that matter was debated.
He was once a chairman. The largest body he ever saw collected was in
Cato-street. There was a talk of a great many more, but he did not
know them by name. His single sword was all he agreed to contribute.
He never heard where Mr. Cook’s party were to come from. Nobody
objected to the proclamation written by Thistlewood--“Your tyrants are
destroyed,” _&c._
He did not know a man of the name of Chambers, nor did he ever call
upon such a man, and say he would have “wine and blood for supper,”
and solicit him to join in this plot. His object in joining their
parties was, to search further into the principles of Brunt; he joined
them because he had a foolish and curious idea to know what Brunt’s
principles were; and for this reason he joined in this plot. He did not
know a man of the name of Watman. Tidd did not say he had been deceived
in the loft in Cato-street; but he said, “it never can be done.”
Tidd and Davidson now both expressed a wish to ask the witness some
questions:
Mr. Baron Garrow humanely interposed, and suggested whether, for their
own advantage, it would not be more consistent with prudence to put
their questions through their Counsel, as they might do something
prejudicial to themselves.
The prisoners both thanked his Lordship, and communicated to Mr.
Harmer’s clerk, the inquiries which they wished to be made.
The witness then, in answer to questions put by Mr. Curwood, said, that
he could not say that Davidson was armed in Cato-street; he did not
notice any arms.
In re-examination by the Solicitor-General, he said that Davidson
brought 500 bullets to Fox-court, on the 22d of February. He had
changed his religion in consequence of reading Paine’s _Age of Reason_,
which was put into his hand by the prisoner Tidd; he did not see Palin,
or Cook, or Potter, in Cato-street; he did not know of what numbers
their parties consisted.
ELEANOR WALKER, MARY ROGERS, JOSEPH HALE, (apprentice to Brunt), were
then called; they repeated their former testimony as to the presence
of Davidson and Tidd at the meetings in Fox-court.
Hale, in cross-examination by Mr. Curwood, said, that Edwards was
oftener at the meetings in Fox-court than Adams.
THOMAS SMART and CHARLES BISSEX, watchmen in Grosvenor-square, were
next called. They were followed by Hector Morrison, servant to Mr.
Underwood, the cutler; Henry Gillan, of Mount-street, Grosvenor-square;
Edward Simpson, James Aldous (pawnbroker), John Monument, and Thomas
Hyden, who communicated the plot to Lord Harrowby. The last witness, in
cross-examination, said, that he had known Wilson for a long time. He
agreed to join in the plot to save himself. One evening at his friend
Clark’s he was accused of not supporting the committee, and Davidson
said, “those that did not come forward would be the men that they would
first murder.” This made him agree to what Wilson said.
He knew a man named Bennet, but he never did ask him to attend ‘a
private radical meeting.’ He believed, he said, he might speak or not
speak when he was there, as he chose. He did not say “Radical meeting,”
nor did he say that he must take up arms, if he were called upon so to
do; he did not recollect saying so; he had no recollection that he ever
did say so.
In re-examination, witness said he had been twice at a
shoemakers’-club, where he saw Davidson, Wilson, and Harrison. This
club was held at a public-house, called the Scotch Arms, in a court in
the Strand. He asked Bennet to go there with him, and Clark; that was
four or five or six months ago.
THOMAS MONUMENT, LORD HARROWBY, and JOHN BAKER, his Lordship’s butler,
were next examined, in confirmation of the former witnesses; and these
were followed by the officers and other persons who were present at
the occurrences in Cato-street, and the subsequent arrest of Brunt and
Thistlewood.
Tidd, in reference to Ruthven’s evidence, said, that Ruthven, on
searching him, had said, “Curse me, here’s nothing here but a
tobacco-box.”
Ruthven, on being asked by Mr. Baron Garrow, denied that he had made
use of any such expression.
The Attorney-General now addressed their Lordships, and stated, “that
the case for the Crown had now been concluded, with the exception of
producing the arms and ammunition found in Cato-street and elsewhere.
As it was now late, (five o’clock) the Court would perhaps defer the
production of these things till the next morning.”
Mr. Baron Garrow:--“Gentlemen of the Jury, the case for the prosecution
is now closed, all but the production of the arms. If by sitting late
there were any probability of bringing the trial to a close this night,
I should consult you as to the propriety of doing so; but as we cannot
finish it by sitting late, and thereby exhausting ourselves, this is
the best time for adjourning.”
Davidson stood up and addressed the Court:--“My Lord, as I have been
taken by surprise, I am quite unprepared with my witnesses. I hope you
will allow my wife to see me this night, that notice may be given them
to attend.”
Mr. Baron Garrow:--“The Court has no power to make any order on the
subject you have mentioned; but I can say that care will be taken that
any proper person may be admitted to you for any proper purpose.”
The Court then adjourned till nine the next morning.
Davidson took notes during the day, and frequently sent communications
to his counsel. He conducted himself altogether with great composure
and propriety. He paid close attention, and made his remarks, both
verbally and in writing, without effort or confusion.
Tidd seemed to have perfect self-possession, but a flush that
occasionally animated his face indicated some hurry and eagerness of
mind.
SECOND DAY.--THURSDAY, _April 27, 1820_.
This morning the Court assembled in pursuance of adjournment, at nine
o’clock. The prisoners, Tidd and Davidson were immediately put to the
bar. They were provided with chairs as on the preceding day. Davidson
had a bible in his hand, which appeared to have been much read, and
in the leaves of which were several marks. He had also a large book
composed of sheets of paper sewn together, in which there appeared to
be a good deal of writing, and in which he occasionally wrote while in
court.
The arms, ammunition, and other materials of war, found in Cato-street,
and in other places, connected with the machinations of the prisoners,
were brought into court previous to the arrival of the judges.
The Court having been opened in the customary form, RUTHVEN, the
Bow-street officer, was called, and described the arms and other
articles taken in Cato-street, and on the persons of the prisoners.
These were again separately exhibited to the Jury.
SAMUEL TAUNTON selected the ball cartridges, hand grenades,
pike, handles, and arms found in the lodgings of Tidd, at
Hole-in-the-wall-passage, Brook’s-market. We have already given their
enumeration. The long sword and carbine, taken from Davidson when he
was apprehended by Ellis and Chapman in Cato-street, as well as the
pistol taken from Tidd, after he had attempted to discharge it at
Lieutenant Fitzclarence, were next produced, and underwent a minute
inspection.
Sergeant HANSON was next called; he repeated his description of the
fire-balls, and the probable effects which would result from their
being thrown upon buildings. He also explained the nature of the powder
in flannel bags, which, as before, he stated were cartridges for six
pounders. He then opened one of the hand-grenades, and exhibited its
component parts to the Jury. This one was only armed with four large
spike nails, but some of the others which were opened had no less than
twenty-five separate pieces of old iron enfolded within the outer
wrappings of rope-yarn. The large grenade, weighing nearly fourteen
pounds, and constructed in the same way, but upon a larger scale, was
not inspected.
Mr. Gurney announced that he had closed the evidence on the part of the
Crown.