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which insurance had lately expired. With a liberality for which our country is so distinguished, the directors have, upon a statement being laid before them, by a very active friend of his widow, pre sented her with seven hundred and fifty pounds. A circumstance so much to the honour of the company, will, we doubt not, be amply repaid by the continued patronage. of the public. The fire burst forth again in the morning of the 18th; but in the course of an hour was happily extinguished *. 292110ri

STRIALS FOR HIGH TREASON.

5. The judges named in the special commission met at the Surrey sessions-house, Horsemongerlane. The following prisoners were put to the bar:

Edward Marcus Despard, John Wood, Thomas Broughton, John Francis, Thomas Philips, Thomas Newman, Daniel Tyndall, John Doyle, James Sedgwick Wratten, William Lander, Arthur Graham. None of the prisoners, except colonel Despard, having had counsel assigned to them, they prayed that privilege; which was immediately grantedthem; when they nominated Mr. Jekyll and Mr. Hovell.

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The indictment was then read to the prisoners, who severally pleaded Not Guilty; and the clerk of the arraigns hoped God would send them a good deliverance. The first count was supported by eight charges of overt acts of treason, accusing the prisoners with compassing, imagining, and conspiring the death of the king.

The attorney general remarked upon the extreme impropriety of

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publishing any part of the proceed
ings until the whole of the trials
were gone through. As the pri-
soners were to be tried separately,
he wished it to be distinctly under-
stood, that the publication of any
one of them before they were all
concluded, would be prosecuted,
not only as a contempt of court,
but as an offence at common law.
He observed, that it was necessary
to the due administration of justice,
the jury should neither hear nor
read any thing that could by the
least degree of possibility excite a
prejudice against the prisoners.
Upon this principle, he trusted there
would be no publications either of
the indictment, the overt acts of
treason it enumerated, or any part
of the evidence.

Lord Ellenborough said he was
persuaded the court would have
no occasion to exercise its censure,
after the notice of the attorney
general.

7. This morning about nine When the o'clock, col. E. M. Despard was brought into court. names of the persons summoned for the jury were called over, col. Despard wished to speak, in order to abolish any unfavourable impressions that might have arisen against him from certain pamphlets; but he was however prevented by the judge, who said the time was not proper for his remarks,

The following respectable gentle G. Allen, W. Dent, W.Davison, men were then chosen as the Jury: G. Copland, W. Cookson, J. Farmer, J. Collinson, J. Webber, C. Handiside, J. Haymer, P. Dobree,

and J. Field.

The attorney and solicitor general, the common serjeant, and

It may not be improper to mention, that Mr. Hamilton has built very extensive premises in Shoe-lane, Fleet-street, where he carries on the printing business As usual. Editor.

Messrs.

Messrs. Shepherd, Garrow, Plo. mer, and Abbot, attended for the crown; and Mr. serjeant Best and Mr. Gurney for the prisoner.

The attorney general, on addressing the jury, began by enforcing the necessity of a patient attention to his statement, and a due consideration of the evidence. No one would deny, that if there has been a plot to overturn the constitution and destroy our sovereign, the base conspirator should suffer his merited punishment; but the nature of the charge should not operate to his disadvantage; that grand principle of our law ought rather to be confirmed, "that every man should be considered innocent till he is found guilty." He adverted to the nature of the crime of treason, and expressed his expectation, that if the charge were substantiated, the jury would pronounce the prisoner guilty without the least hesitation; and after many remarks to show that there was not the least ground for suspecting the prosecution to have been brought forward from any party motive or prejudice on the side of government, he concluded with observing, that from the clearness of the evidence the trial could not be long. He then proceeded to state the counts in the indictment, which were three in number, and charged the acts to have been done with the intention of compassing the death of the king, imprisoning his person, and dethroning him. To prove a criminal intention, an overt act is necessary, and in this indictment eight overt acts were stated, which were divided into two classes: the four first charge the seduction of his majesty's troops, for the purpose sassinating and imprisoning him; and the remainder, plans for the accomplishing of these purposes.

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After fully stating the law respecting treason and conspiracy, the attorney general read over the names of the persons included in the indictment, and observed that ten of them, besides the prisoner, were apprehended at the Oakley Arms on the 16th of November. It ap peared that in the last spring a detachment of guards returned from Chatham; and shortly after a conspiracy was formed for overturning the government; a society was esta.blished for the extension of liberty, of which two men, named Francis and Wood, were very active members; they frequently attempted to seduce soldiers into the association, and sometimes with success. Francis administered unlawful oaths to those that yielded, and among others to two named Blaine and Windsor, giving them two or three copies of the oath, that they might be enabled to make proselytes in their turn.

Windsor soon after becoming dissatisfied, gave information of the conspiracy to a Mr. Bonus, and showed him a copy of the oath. This gentleman advised him to continue a member of the association, that he might learn whether there were any persons of consequence engaged in it. The prisoner at the bar tendered this oath; it was found in the possession of Broughton, Smith, and others. It is printed on the cards in these words:

"Constitutional independence of Great Britain and Ireland! Equalization and extension of rights! An ample provision for the families of those heroes who fall in the contest! A liberal reward to all who exert themselves in the cause of the people! These are the objects for which we unite; and we swear never to separate until we have obtained them!" The form of the oath is "In the awful presence of Almighty God, I A. B. voluntarily

declare,

declare, that I will exert myself to the utmost to recover those rights which the Supreme Being has conferred upon his creatures; and that neither fear, hope, nor reward, shall prevail upon me to divulge the secrets of the society, or to give evidence against a member of this or any other society of a similar kind. So help me God!"

The attorney general then commented on different passages contained in this oath, and endeavoured to show that it would bear only a treasonable interpretation. Proceeding in his statement, he observed, that about the middle of summer they began to think it might be dangerous for them always to meet at the same place. To avoid suspicion, they therefore went to various public houses: in Windmill-street, Oxford-street, St. Giles's, Hatton Garden, Whitechapel, in the Borough, about the Tower, and to the Oakley Arms in Lambeth. To these meetings they invited soldiers, and treated them: toasts were given to answer the objects of the association, such as "The cause of liberty.-Extension of rights.The model of France, &c." They now increased greatly in audacity, and were betrayed by their confidence into the greatest extravagancies; some of them proposed a day for attacking the Tower, and the great blow was to have been struck on the 16th of November, the day on which the king first intended to go to parliament. On the Friday preceding, a meeting took place; when Broughton prevailed upon two of the members to go to the Flying Horse, Newington, where they would meet a nice man, who proved to be col. Despard. The mode in which the Tower was watched and guarded was inquired into, and difficulties of intercepting

the king were considered, when Broughton suggested the idea of shooting the horses, as the coach would thus be stopped. "But," said another, "would not the life guards cut us down? Then the prisoner exclaimed, "If no one else will do it, I myself will:" adding, with much solemnity-"I have well weighed the matter, and my heart is callous."

The attorney general then observed, that government was well aware of the proceedings of these people, but would not interfere while danger was at a distance: however, when the schemes were nearly completed, about 30 prisoners were arrested at the Oakley Arms, and a sufficient body of evidence collected to prove them guilty. The conspirators consisted of the lowest order of the people, as journeymen, day-labourers, and common soldiers, with the exception, however, of the prisoner at the bar. Several were discharged, and Windsor, the evidence, came after the arrest, and offered to deliver himself up and communicate all information in his power: on his testimony, several others were taken into custody.

These were the principal points in the speech of the attorney general; but he continued for some time to expatiate on the probable system of defence for the prisoners, which he conceived would be principally an attack on the credibility of the witnesses: he contended that an accomplice is competent; observed that there could not be a doubt of the guilt of some of the prisoners; and that the pa pers were sufficient to prove the conspiracy, independent of oral testimony.

He then concluded with observ. ing to the jury, that if they permitted their inclination to mercy to

exceed the limits of reason, they will do what the prisoner had no right to expect, and what he, as attorney general, would solemnly protest against on the part of the public. He then proceeded to call the witnesses for the prosecution.

Mr. J. Stafford, clerk to the magistrates of Union Hall, stated the arrest of the prisoners. Colonel Despard at first refused to be searched, but afterwards submitted, though nothing was found on him. There were three papers on the floor, which proved to be the oath, &c. already mentioned. Several police officers proved the presence of colonel Despard at the Oakley Arms.

T. Windsor, the principal evidence, said, he was a private in the guards; and that on his return from Chatham, in March, he received some papers from J. Francis, which were similar to those already mentioned: Francis told him the object of the party was to overturn the present tyrannical system of government. The manner of taking the oath was by reading it secretly, and then kissing the card. One object of the members was to raise subscriptions for delegates to go into the country, and to pay for affidavits. The society was divided into companies of ten men, commanded by another, who bore the title of colonel: Francis, and a person named Macnamara, called themselves colonels. Encourage ments were given to get a number of recruits, for which purpose cards were to be distributed through the country: afterwards the witness was introduced by Broughton to colonel Despard at Newington, when in the course of conversation the colonel said, that a regular organisation in the country was necessary, and he believed it was

general. The people were every where ripe, and were anxious for the moment of the attack; "and," added he, "I believe this to be the moment; particularly in Leeds, Sheffield, Birmingham, and every great town throughout the kingdom. I have walked twenty miles to-day, and wherever I have been, the people are ripe." Colonel Despard then said, that the attack was to be made on the day when the king would go to parliament. He then repeated the words used by the colonel respecting the callousness of his heart; and stated that, after the destruction of the king, it was proposed that the mailcoaches should be stopped, as a signal to the people in the country, that the revolt had taken place in London. The colonel was cau tious as to the admission of new members. At another meeting, the colonel, accompanied by Heron, a discharged soldier, and another person, observed-We have been deceived as to the num ber of arms in the Bank; there are only six hundred stand there, and they have taken the hammers out to render them useless, as they must have been apprised of our intention." They then returned to a public-house, when the colonel said privately to the witness "Windsor, the king must be put to death the day he goes to the house; and then the people will be at li. berty." He said, he would him self make the attack upon his majesty, if he could get no assistance on that (meaning the Middlesex) side of the water. The prisoner Wood said, that when the king was going to the house he would post himself as sentry over the great gun in the Park; that he would load it, and fire at his majesty's coach as he passed through the

Park.

Park Wood might, in the course of his duty, be sometimes placed as a sentry over that gun.

Mr. Bonus proved the copy of the constitution and oath given to him by Windsor.

T. Blaise, a private in the 2d battalion of guards, deposed, that Wood had told him of the union of several gentlemen who had determined to form an independent constitution at the risk of their lives and fortunes: he said, the executive government had ap pointed Francis to be colonel of the first regiment of national guards. Macnamara called upon F. to point out three colonels, and one artillery officer; and charged him to do it with the utmost impar tiality. Francis then pointed out him (the witness) as a proper man for a colonel. The commissions were to be distributed previous to the attack, when one of the persons, named Pendril, observed, that if it had not been for four or five cowards, it would have taken place before that day; adding, that he himself could bring 1000 men into the field; and if any man showed symptoms of cowardice, he would blow his brains out: if any body dared to betray the secret, that man, he said, should have a dagger in his breast. The witness then deposed to meeting with colonel Despard at the Oakley Arms, on which occasion he heard much conversation about the best method of attacking the king: some said, the Parliament-house must also be attacked, and after that they must file away for the Tower. This witness, on his cross-examination, admitted that he had been three times tried by a court-martial for desertion, and accused of theft.

W. Francis, a private in the 1st guards, deposed nearly to the same effect as the preceding witness, as

to the nature of the oath, which was read to him, because he could not read himself: he said, at one time there was an assemblage of people near the Tower, but they were immediately dispersed by or ders from colonel Despard; but he admitted that the oath was administered to him by the colonel himself; at one meeting, the soldiers drew their bayonets, and said they were ready to die in the cause. On his cross-examination, he denied that he had ever been flogged, or had deserted.

J. Connel, who had been arrested at the Oakley Arms, and admitted evidence, denied that his name was John, and insisted that it was Pat: he afterwards admitted that he was advised by the prisoner to play this trick on the counsel. He was dismissed.

Several other soldiers in the guards gave evidence as to the meeting of societies for overturning the government, under the name of Free and easy," which met at different public-houses.

J. Emblin, a watch-maker, and a witness who appeared to be of a superior understanding, deposed, that he attended at the Oakley Arms on the suggestion of Lander, but disapproved of the plans. He also agreed in stating the plan of attack already mentioned, which was explained to him by Broughton, Graham, and others. Colonel Despard informed him that a very considerable force would come forward, particularly in all the great towns; and said that he had been engaged in this business for two years; and added-" I have travelled twenty miles to-day: every where I have been, the people are ripe, and anxious for the moment of attack." This witness deposed to the plan for shooting the horses, as well as to

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