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N C E S. (19) man they cut and hacked with medallion, was made up in a bunswords in a barbarous manner: dle and placed in the carriage: most fortunately the colonel was while the footman was looking anon this night in Limerick, and it other way, one of the prisoners appeared that he and his servapt found means to carry off the bunsyere their intended victims. Pro- dle, by getting in undiscovered at vidence directed that lieutenant the door left open, and letting M*Mahon, of the queen's German himself out on the opposite side. rangers, on that evening called Mrs. Jordan, on seating herself in and remained at colonel Bourchier's the carriage, missed the property, house; and owing to his spirited and immediately directed her atconduct, Mrs. Bourchier and her tendants to make the robbery children were protected from the known, Both the offenders were brutal rage of those rebels. After shortly after taken into custody. entirely destroying the furniture of The fact being clearly proved,
the house, windows, &c. taking the prisoners were found Guilty, all the firearms with them, they and sentenced to seven years transbroke open the stables, took there- portation. out the colonel's six horses, three On the evening of last Thursday of which were found at six o'clock se'nnight, a man went to an inn next morning, on the road, by lieu- at Chichester, and ordered supper, tenant M-Mahon, on his venturing but; whilst it was preparing, introout to apprise James Gubbins, esq. duced himself to the soldiers of the a neighbouring magistrate, who, 10th light dragoons, quartered in with his son, Joseph Gubbins, esq. the house, and of them he learned instantaneously afforded him every which was their best horse; and, assistance; but we are sorry to add, having obtained that information, that none of the rebels, as yet, have retired from his military friends to been apprehended. The faithful sup, about nine o'clock: after reservant (whose name we do not galing himself plentifully, and wish to mention, he having a wife in having previously stolen a pair of a distant part, to whom this may regimental pistols in the soldiers' be the first intimation) lies in this room, he unobservedly went into city in a most dangerous state, at- the stable, mounted the horse he tended by surgeons of the first emi. had fixed on, and rode off. nence. OLD BAILEY.
The special commission for the John Scruton and Robert Cooper trial of colonel Despard and others were indicted for stealing a gold was yesterday opened at the medallion, and other articles, the Sessions-house, Horsemonger-lane. property of Mrs. Jordan, the cele- The judges named in the commisbrated actress.
sion were lord Ellenborough, Mr, It appeared, that on the 1st of justice Chambre,, Mr. justice Le last December Mrs. Jordan at. Blanc, and Mr. Baron Thomson. tended the theatre, and her carriage was waiting to convey her home, Names of the Grand Jury. The servants had left the door George lord Leslie, open, and the property, consisting Viscount Cranley, of a theatrical dress and a gold Lord William Russel,
John lord Teignmouth, principles on which society was
against the authority of the king. Sir Robert Burnet,
Another offence, of the same na. R. Hankey, esq.
ture, immediately subject to their James Trotter, esq.
cognisance, and against which the John Alcock, esq.
statute 37 Geo. II. was directed, J. Pooley Kensington, esq. was an offence second only in James Bradley, esq.
magnitude to the crime of high Henry Thornton, esq. treason, and of which, in some H. Peters, esq.
cases, it formed a very material T. Page, esq.
part; he meant the crime of se. John Whitmore, esq.
ducing persons serving in his maT. Langley, esq.
jesty's forces, by sea and land, from W. Borrowdale, esq.
their duty and allegiance. The T. Gateskill, esq.
law of this land, from the earliest R. Wyatt, esq.
period, had, with due anxiety to the John Webb Weston, esq. importance of the object in view,
watched with a cautious eye over At half past eleven the court the life and safety of the sovereign. met, and the grand jury having Circumstances not necessary to be been sworn, the lord chief baron referred to, had of late increased addressed them to this effect : His that anxiety. The law considered lordship observed, they were as- the mischievous workings of the sembled under the authority of his imagination, and the malignant majesty's commission, issued for feelings of the heart, when directed the trial of certain persons charged towards the destruction of the life with all or some of the offences of his majesty, as criminal as the specified in it. It contained charges perpetration of the atrocious deed of high treason and misprision of by which his sacred person might treason, with offences against the be endangered. To ascertain and statute of 36 Geo. III. passed for investigate such a purpose in his the safety and preservation of his mind, and the acts done to carry it majesty's person and government into exccution, which the law deagainst treasonable practices; a- nominated overt acts of high treagainst another statute passed in the son, had been at different periods 37th year of the present king, for the most important part of the functhe better prevention of attempts tions which juries were called upon to seduce persons serving in his to exercise. What should be deemed majesty's forces by sea or land; and sufficient overt acts of compassing against another statute passed in the death of the king, in other the same year, for more effectually words, what acts should amount to preventing the administering of evidence of such a purpose, had oaths. The species of offence most frequently been the subject of dismalignant in its nature, most de- pute; but long before the passing structive to the security of the the last statute of 36 Geo. III. it had realm, and most subversive of those been settled by the most able au.
thorities, that measures adopted for death of the king, because it was deposing the king of his royal state, possible that the attention of the and attempts against his royal per. jury would be more particularly son, either for attacking, obtaining called to the consideration of it
. possession of, or imprisoning it, He had already stated that such were impressed with the stamp and acts as indicated an intention to denomination of the crime of high commit the crime he had alluded treason, and were entitled to be re- to, were properly overt acts of ceived as the most cogent and un- high treason. And all overt acts equivocal evidence to prove it. were required by the 7th W. III, c. 3. Authorities had also settled, that to be named in the indictment, in any consultation or meeting to order that the party accused might carry such crime into effect, though know how the ought to shape his nothing should be done, and though defence; but the numerous partithe whole scheme and plan should culars into which such a charge be abortive ; and further, that any might branch, need not be detailed consent or approbation to such and spread on the record. It was consultation or meetings, were all enough that the nature of the overt equally overt acts of that species of acts should be specified with conhigh treason which consists in the venient certainty; and when this compassing or imagining the death was done, the many other circumof the king. But all pretence for stances with which they were condoubt upon a subject on which it nected need not be further stated. was so important there should not The other matters might be so exist the slightest doubt whatever, many parts or appendages of what had been obviated by the prudent had been formally set out, and and wise provisions of the 36th of might be considered as virtually his present majesty, which enacted, included in it. He had said thus that if any person should compass, much in the hope of affording the imagine, or devise the death or de- jury some assistance, which might struction of the king, or commit enable them to understand the any act tending to his death or de- meaning of the form of the indictstruction, maim or bodily harm, ment laid before them, couched, or should levy war against him, as of course it was, in the techfor the purpose of restraining or nical language of the law, and that imprisoning his person, or compel. they might compare it with the ling him to appoint other counsels, proof which would be adduced in should be adjudged a traitor, and support of it. He would state should suffer death. To compass, what proof the law required: in the therefore, or imagine the imprison- first place, the law required that ment or restraint of the king, was the crime should be tried by a jury now expressed in a clear and posi- of the county in which a part or tive statute as an act of treason, the whole of the overt acts were exactly as it stood under the letter committed. Compassing the king's of the 25th Edw. III. The same death, or levying war, must be might be said of all the other trea- proved by one witness to have been sons which were specifically con- committed in the county where the nected with the statute of the 26th trial was to be had. A meeting Geo. He only selected the offence must be proved by one witness to of compassing and devising the have been held within the county,
or some other act to have been com- wished to associate with them, mitted of a similar tendency. Thîs which, fortunately for the public was necessary, to invest the jury generally was attended with the with a legal power to investigate discovery of the whole scheme the facts; but when this had been they were engaged in ; but the done, any other act committed, greatest and most important part whether within or without the of the disclosure, and which alone county, might be received as evi. could develope the secret springs dence without any objection : he of their actions, could only be de meant as far as respected the lo- tailed by those to whom the facts cality of the evidence. The law were disclosed, who had particias also required on the trial, by the pated in the counsels of the congrand as well as the other jury, spirators who had engaged in the that the overt_acts should be same designs. The evidence of proved by the oaths of two wit- accomplices, although competent, nesses, though one was sufficient to was at all times to be received and each particular fact. If, however, acted upon with jealousy and cauthe overt act implied had any tion; and unless the evidence dedirect attempt, whereby the life of rived from such a source was of a his majesty was attacked, or bodily nature which carried complete conharm threatened him, in that case, viction of its truth, it ought not to by the 39th and 40th of his present constitute the ground of a conclus majesty, the party might be tried sion which should affect the lives, in like manner as if he had been fortunes, or honour of the persons tried for murder. He was not under accusation. In weighing aware that any such direct attempt therefore the evidence of accom? would form the subject of their plices, the jury would expect to inquiry under the present commis- find such a degree of consistency sion. It was unnecessary for him in their testimony, such a general: to suggest any thing further as to conformity in the relations of the the form of the indictment, or the several witnesses, such a coincisi number of witnesses by which it dence with the main rules of i was necessary to be supported. ordinary probability, as to render He would however trespass on the sum and substance of such des their attention while he adverted tails credible and worthy of being to another subject--he meant as to relied on. · If the evidence should the probable effect of those acts be of the nature he had described, about to be laid before the jury. the jury would give it that credit It was the nature of the minds to which they should consider it: of men who were busily occupied entitled, They would of course in the contemplation of offences bear in mind, that it was by ana? injurious to the interests of society, other jury the guilt or innocence of to entertain a confident persuasion the persons accused was to be esari that the sentiments of others were : tablished on the present occasion 3 congenial to their own; and this it was necessary that a reasonable persuasion too frequently induced and probable ground should bemade them to pursue their machina. out to warrant the grand jury inputtions. It engendered in the hearts ting the parties accused upon their of guilty men, that degree of rash- trial before that other jury, whick, ness in their overtures to those they upon a full hearing of the case
. (23) and the evidence on both sides, estimate its value, and to draw might be able to pronounce a ver such a conclusion as reason and dict of condemnation or acquittal justice required. They would If such testimony should be brought now, proceed, in discharge of their before them as he had described, duty, to the investigation of a subit-was-their duty to submit it to the ject, which as deeply affected the ulterior investigation of another interests of the country, as the lives jury; at present it was only necese and fame of the parties under acsary to add, that to refuse its pro- cusation. He had no doubt but per degree of credit to the sort of the result would be as satisfactory testimony he had alluded to, would to the public, as it would be just be to render the crime the means towards those persons who were of its own protection. The adop- the objects of the duty they had to tion of a principle of distrust to the perform. evidence of accomplices, would be The lord chief justice having to-violate common sense and the concluded his address, the grand rules of justice. He should forbear jury immediately withdrew with detailing to the jury the particulars the bills of indictment
.-of the offences charged against the The names of those against prisoners ;- by so doing, he should whom true bills were found, were avoid exciting the slightest degree as follow: Edward Marcus Desof prejudice against them; and pard, Thomas Broughton, James the ends of justice would be at. Sedgwick Wratten, William Lantained with equal certainty. If der, Arthur Graham, Samuel the jury should consider that the Smith, John M.Namara, John present conspiracy was as hopeless Wood, John Francis, Thomas and ill advised, and had as little Brown, Daniel Tyndall, John chance of success as other abortive Doyle, and Thomas Phillips alias treasons, they would only on that Jackson. account require stronger evidence 22. The commissioners of naval in proof of an act of such extreme inquiry have commenced their folly and wickedness; but if it sittings in Great George-street, should be made out to their satise Westminster, at the house formerly faction, their doubt and diffidence occupied by the chancellor of the would be succeeded by other senti- Irish exchequer. ments by sentiments of surprise The Moniteur of the 19th conand horror-surprise at the bold- tains a decree of the consuls of the ness of spch a scheme, and horror republic, for establishing a comat the tremendous consequences missary general and council in the which must have attended its suc- island of Elba, and the adjacent cess.
Considering) said his lord- islands of Capraia, Pianosa, Pal. ship, to whom he was addressing maiola, and Monte Christo de himself, he feared he had occupied : pending on it; and for regulatoo long a portion of their time. ting the administration of these He had endeavoured to state as : islands. much of the nature of the indist- 26. On Saturday night last, a ment, the proof which would be cool, deliberate, and horrid murder brought forward in support of it, was perpetrated in Greenwich hosand the nature and quality of that : pital, upon one of the pensioners proof, as would enable the jury te by another; the circumstances of