THE DEFENCE.

Mr. CURWOOD rose to address the Jury on the part of the prisoners. He

said, “that he had now rose for the fourth time, to urge those topics

on behalf of the unfortunate men at the bar, which he had previously

submitted to other Juries in the course of these trials. The force

of those topics remained in his mind undiminished; he was still

conscientiously satisfied, that the charge of high treason in these

cases was alone supported by the testimony of Adams,--a man, the infamy

of whose character ought in his estimation, to deprive him of all

claims to credit.”

The learned gentleman then went over the different points of the

evidence, and contended with great ingenuity, “that whatever might have

been the diabolical intentions of the prisoners--however ready they

might have been to inflict vengeance on those whom they might suppose

to be the authors of those melancholy transactions, but too frequently

designated as ‘the Manchester Massacre,’--yet, that in all these things

there was nothing in reason or common sense, that could lead to a fair

and rational conclusion that they had it in contemplation either to

compass and imagine the death of the king, or to levy war against the

king.

“If the Jury, under all the circumstances, entertained with him

this opinion, he had no doubt they would not hesitate to acquit the

prisoners.”

During the time Mr. Curwood was addressing the Jury, Davidson took

from his pocket a Bible, into several parts of which he inserted small

pieces of paper, for the purpose of enabling him to turn more readily

to certain passages which he intended to quote in his defence.

Mr. ADOLPHUS now called the witnesses for the defence.

MARY BARKER, the daughter of Tidd, deposed, that she knew Edwards and

Adams. Edwards left at her father’s house, about a fortnight before the

affair in Cato-street, a number of grenades and some powder. Adams also

left a very large grenade. They were to be called for again. Edwards

took them once away, and brought them back afterwards. They were taken

away again on the 23d of February by Edwards; and some were brought

back on the morning of the 24th, about a quarter of an hour before the

officers came. She did not know the person by whom they were brought

back. A box remained which had never been opened.

As the witness left the Court she squeezed her father’s hand. They

both seemed much affected. Tears came into the eyes of Tidd, which he

endeavoured to suppress. The daughter was in an agony of grief.

THOMAS CHAMBERS deposed, that he lived in Heathcote-court, Strand;

Edwards and Adams repeatedly called upon him. They came together to

his house about a week before the Cato-street business, when Edwards

said, “Won’t you go along with us?” Witness said, “Go where?” when

Edwards answered, “Oh, you must know that there is something on foot.”

He replied, he did not; when Adams said, “We are going to kill his

Majesty’s Ministers, and we shall have blood and wine for supper.”

Edwards said, “By ----, Adams, you’re right.” On the Monday before the

Cato-street business they came again. Edwards brought with him a bag,

which he wished to leave with witness. He asked what it contained; when

Edwards said, “Only some pistols, and things of that sort.” Witness

would not receive it, and they went away. He saw no more of them.

In cross-examination, witness said, “I believe I have been sworn on

the prayer-book. I never was sworn before above twice; I believe in

Christianity. I was brought up in the Christian faith, and continue

in it. I am no member of any faction. I never saw Paine’s works. I

know the two prisoners. Davidson I know since the time of Mr. Hunt’s

procession. Tidd I have known only in the trade. I cannot say how

long; I might have known him at the Smithfield Meeting, and elsewhere.

I attended all the meetings held in the open air. I scorn all secret

meetings. I know Thistlewood, Ings, Harrison, Strange, and Bradburn.

I carried banners in some of the processions. I carried no weapons.

Thistlewood has been repeatedly at my house. I took all the flags to my

house. I saw him also at the Black Dog, in Gray’s Inn-lane. I used to

frequent the White Lion, in Wych-street; I went to attend the meetings

there. They called themselves Reformers. I was always in the waggons

with Hunt. When I refused to go with Adams and Edwards to kill his

Majesty’s Ministers, I did not think they would ever get any persons to

be so foolish as to join them. I may be a great fool, but not foolish

enough to enter into such a scheme. I did not communicate the project

to any magistrate. I never heard any thing said against his Majesty’s

Ministers, more than what I saw in the newspapers. I do not read

Paine’s works; I only read Cobbett, and have a drawer full of them. I

also read the Prayer-book and Bible.”

JOHN BENNETT deposed, that he knew Hyden; he called on him to ask

him to accompany him to a private radical meeting. He endeavoured to

persuade him to go more than ten times. He told him, that he might hear

and see what was doing; but he need not speak unless he liked.

Several witnesses were now called to the general character of the

prisoners.

Mr. COOK, of Charlotte-street, Blackfriars’-road, knew Davidson six

years ago; he then worked for him, and was an industrious hard-working

man. He had not known much of him since.

Mr. M’WILLIAM, an architect, knew Davidson at Aberdeen, in the years

1800 and 1801; he was then studying mathematics; he had only seen him

three or four times since in the streets, and was surprised to have

been called on to give him a character. Davidson was, at the time he

was at Aberdeen, an apprentice to a cabinet-maker. He had been at

college, and had, in Mr. M’William’s estimation, “a gigantic mind.”

STEPHEN HALE, WILLIAM FRENCH, and SAMUEL LANDS, spoke to the general

correctness of the conduct of Tidd in private life. He was an honest,

industrious, hard-working man, and apparently much attached to his

family. Other witnesses were expected, but did not attend.

Mr. ADOLPHUS addressed the Jury on behalf of the prisoners. His speech

was marked by an acute examination of the whole of the evidence, a just

and forcible reprobation of the atrocity of a betraying accomplice, and

an energetic and powerful appeal to the Jury, not to condemn men on the

evidence of an avowed conspirator, who had broken the bonds of society,

forfeited his allegiance to his Sovereign, and his duty to God. The

learned gentleman, in the course of a very eloquent speech of an hour

and a half, remarked that it would be the last time he should appear on

these trials.

_Baron Garrow_ then addressed the prisoner as follows:--“William

Davidson, the law of England, in its excessive tenderness to persons

indicted for high treason, has allowed them privileges of defence not

extended to other cases. If, therefore, in addition to the able defence

of your Counsel, you wish to say any thing, now is the time. Do it

deliberately, and the Court will hear you attentively.”

_Davidson_ then rose, greatly agitated, and spoke nearly as

follows:--“I am much obliged to your Lordship, and will call your

attention to a few particulars in this instance. My Lord, from my

life up, I have always maintained the character of an industrious and

inoffensive man. I have no friends in England, but have always depended

upon my own exertions for support. I have an extensive family, and for

their sake alone is my life a value to me.

“The charge which has been brought against me, I can lay my hand upon

my heart, and, in the presence of that God whom I revere, say I am not

guilty of. Concerning how I came in possession of the blunderbuss I

will state. I had a friend, whose name is Williamson, who told me he

had bought an old blunderbuss, which was all over rust. He was going to

the Cape of Good Hope, and gave it to me to clean.

“I have been doing business for myself for the last five years, and

that is the reason I cannot bring any more of my employers than Mr.

Cook to speak in my behalf. To Mr. Edwards I owe being brought into

this situation. I never knew any thing of him till I attended Mr.

Hunt’s procession; that was the first time I ever went into public

in my life. Mr. Edwards told me that he would take me to a place to

have this blunderbuss raffled for. When I went to the place, I there

saw Mr. Thistlewood for the second time; I had previously seen him at

Mr. Hunt’s dinner. I saw Mr. Adams there also, but I knew none of the

others. Mr. Edwards proposed to commence raffling for the blunderbuss;

but, as they did not put down any money, I would not agree. I then

heard a great deal of improper language, and would not stop.

“I went to Mr. Williamson, who was waiting to know the result, and told

him what had passed. He then said that he wanted to get some money, and

I proposed pledging the blunderbuss with a pawnbroker. He agreed, and

requested me to take it for him. I did so, and got seven shillings upon

it from Mr. Aldous, who knew me. The money I gave to Mr. Williamson.

I afterwards went to see Mr. Williamson on board the Belle Alliance,

which was about to sail for the Cape. He made me a present of the

ticket.

“On the 22d of February, Edwards called upon me, and told me that he

had been to see Mr. Williamson, and that he had given him an order to

get the ticket for the blunderbuss. I said very well, and consented

to go and get it out of pledge for him, as, he said, he was to get

ten shillings by it, part of which I was to have, and he gave seven

shillings and two-pence for that purpose. He told me to meet him at the

corner of Oxford-street, which I did; when he said he would take me to

Fox-court, where there was a countryman of mine; a man of colour he

meant. I objected to going.

“My Lord, I never associated with men of colour, although one myself,

because I always found them very ignorant.

“I now pass over to the sword concern; I shall state the truth. On

a Monday after the Manchester massacre, I met a person of the name

of George Goldworthy, to whom I had been apprentice in Liverpool; he

expressed his surprise at seeing me in London; I told him I was out of

employment, and that there was nothing worse than being a small master,

as all the rest of the trade, from jealousy, set their face against me;

he said he had a little business of his own in the country, and that he

would employ me if I would go. I agreed to go at 30_s._ a week. He then

appointed me to meet him at a house he called the Horse and Groom, in

John-street, Edgware-road, on the Wednesday following. All this time I

did not know that Goldworthy was an acquaintance of Edwards’s, but he

was.

“On Wednesday evening accordingly I went to the Horse and Groom. I

looked into the house, but did not see Goldworthy. I stopped at the

corner to wait for him, my lord, which your lordship and gentlemen must

well know I being a conspicuous character would not have done, if I

was about any thing improper. I saw Adams there; but I went on to walk

a little further. On my return I saw several persons going in and out

of the house, but still Goldworthy did not come. A little after eight

o’clock, while I was in the Edgeware-road, up came Goldworthy. He asked

me if I was not surprised he had not come. I said I was. He then said

he was going to call upon a friend, and gave me a sword, which he said

he carried for self-protection against thieves about the country.

“At this time I had not the least intention of any thing directly or

indirectly concerning the business in Cato-street. I went down the

street accidentally, and hearing two or three pistols fired, I went to

see what was the matter. I never was afraid of any man. I then heard a

cry of “Stop thief!” and I was seized and taken to gaol. I never drew

the cutlass nor offered to strike; but gave myself up quietly.

“I have ventured my life fifteen times for my country and my King, and

ask you, gentlemen, if you think it possible that I should be so vain

as to attempt to join a few weak men to trample down that well-founded

constitution, in which this country has so much reason to glory? I

would scorn such an act--and I solemnly protest there was nothing found

on me but the sword which I received from Goldworthy, and a little

block.

“It was said, that I said ‘I would die for liberty’s cause,’ and that I

was searched in a public house; this is not true; and if the landlord

was here he would prove the contrary. I know nothing at all of the plot

in Cato-street, directly or indirectly. I know nothing of a plot to

plunder--to burn houses--or to massacre the Ministers. I did not know

that any such plot was in existence.

“I will now, my Lords and Gentlemen, give you an instance where one

man of colour may be mistaken for another--as must have been my case.

Whenever I had any leisure time I employed it as a teacher in a

Sunday-school: there a similar mistake was made. A person, a man of

colour, insulted one of the female teachers at Walworth. The young lady

said it was me, and I found I was slighted, although nothing was said.

I sent in my resignation, when the gentlemen waited upon me in a body,

and stated what had been alleged to my charge. I was so confounded,

that I could not say any thing, and let them go away without making any

defence. I afterwards, however, set myself to work, and actually found

the man who had committed the offence, made him acknowledge it, and beg

the young lady’s pardon. The young lady could not look me in the face,

knowing how she had injured me, but held out her hand as a token of her

regret.

“Now, my lord and gentlemen, this shows how one man may be mistaken

for another. I would as lieve be put to death as suppose that you, my

lord, or the gentlemen of the crown, should think me capable, for one

moment, of harbouring a thought to massacre any person whatever.” (Here

the prisoner applied for a glass of water, which was handed to him.)

“Although I am a man of colour, that is no reason that I should be

guilty of such a crime. My colour may be against me, but I have as good

and as fair a heart as if I were a white.

“I have a very few words more to say. I have a very numerous family,

and a wife that never earned me a penny in her life. All my distress

arose from the consideration of the helpless situation of my family.

Were it not for that, I would not care what became of me. Like Isaiah

it may be said of me, ‘He was persecuted, yet he opened not his mouth.’

As a father, I wish to discharge my duty,--for them I wish to live--and

for their sakes I wish, if possible, to clear up the black charge which

has been brought against me.

“First of all, Mr. Adams positively swore that he had not seen me in

the loft, and that I was down stairs; and then comes Mr. Monument,

who said that I addressed the congregation, and told those that were

afraid of their lives to walk out. They must see that this was an

exaggeration, and in fact altogether an invention, or would not both

of these men who were present at the same time have agreed in the same

story? I admit that I was in Cato-street; but even admitting this, what

does it amount to?

“I now very well know that Mr. Goldworthy was an accomplice of Edwards,

and it is clear that by these persons, for purposes best known to

themselves, I was entrapped into this snare. As for myself, my Lord,

I have served my country, and done all that I could do for it. I

have supported my family by honest industry, and I never directly

or indirectly associated with any persons at public places. I never

attended any meeting but as a common spectator.

“I know nothing of these men (Tidd and the other prisoners). I have no

knowledge of their plots; I do not blame the gentlemen of the crown for

the manner in which they have conducted this case; because they have

done no more than their duty, according to the evidence which has been

brought before them; but I say, the witnesses, as far as regards me,

are altogether false sworn. I have selected a few passages from the

Bible, which I wish to read on this subject, and these I offer, not for

the purpose of insulting the court. The indictment charges that I did

certain things ‘not having the fear of God before my eyes, but having

been instigated by the devil.’ Now, I always had the fear of God before

me, and always cherished the feelings of virtue and humanity. I always

subscribed to the beautiful lines of Mr. Pope:--

“If I am right, thy grace impart,

Still in the right to stay;

If I am wrong, oh! teach my heart,

To find that better way.

Teach me to feel another’s woe;

To hide the fault I see:

The mercy I to others show,

That mercy show to me.”

“The verses from this sacred Book, which I think applicable to my case

on the present occasion, are these:--

‘One witness shall not rise up against a man for any iniquity,

for any sin, in any sin that he sinneth: at the mouth of two

witnesses, or at the mouth of three witnesses, shall the matter be

established.

‘If a false witness rise up against any man, to testify against

him that which is wrong;

‘Then both the men, between whom the controversy is, shall stand

before the Lord, before the priests and the judges which shall be

in those days.

‘And the judges shall make diligent inquisition: and behold, if

the witness be a false witness, and hath testified falsely against

his brother;

‘Then shall ye do unto him, as he had thought to have done unto

his brother; so shalt thou put the evil away from among you.

‘And those which remain shall hear, and fear, and shall henceforth

commit no more any such evil among you.

‘And thine eye shall not pity; but life shall go for life, eye for

eye, tooth for tooth, hand for hand, foot for foot.’

“These words, gentlemen of the Jury, I wish to impress on your minds.

“I am a stranger to England by birth; but I was educated and brought

up in England; my father was an Englishman, my grandfather was a

Scotchman; I may too claim the prerogative of an Englishman, from

having been in the country from my infancy,--still I have not a friend

in England,--I have not a relative who will stretch out his hand to my

helpless family. Then will you not think it hard to have my life taken

away for a scene of intended iniquity, of which I know nothing. To have

me torn from the bosom of her whom I lived but to cherish,--to have

me exposed to the ruthless knife of the executioner, while my innocent

starving babes seek in vain for consolation.

[Illustration:

_Wivell Del^t._ _Cooper Sculp._