the remarkable expression of the colonel before mentioned; also to a conversation about seising the Bank, when it was agreed that the Bank should be seized, and the Tower taken. Various subordinate plans were also detailed by the witness; amongst others, Broughton told him, that it was resolved to load the great gun in the Park with four balls or chainshots, and fire it at the king's coach as he returned from the house; and he would be d-d if it would not send him to hell.

Here the evidence for the crown was closed.

Serjeant Best then addressed the jury on behalf of the prisoner, and endeavoured to show that, from the nature and spirit of our con stitution, a person in his situation is entitled to peculiar favour. From the 36th of the present king, on which the indictment was partly founded, he insisted that it is not by testimony alone, or words spoken, that an accused person is to be found guilty, because a speech is subject to such serious misinterpretation: he laboured to show that words did not constitute an overt-act; yet he admitted that the colonel was at some of the meetings, and that he might have spoken obnoxious words; but before he could be convicted, it was necessary to prove that he knew the meeting was of a treasonable nature. He denied that the printed card or paper was at all connected with the colonel, and cited the case of Layer and others, to prove that the crown did not content themselves with such trivial proof as was here adduced; and laid much stress on the circumstance of no arms having been prepared for the attack. His next object was to impeach the credibility of the witnesses, the concur

rent testimony of which was, in the present instance, of no more force than one. The great improbability of the story was his next point of argument; and he ridiculed the idea of fourteen or fifteen men in a common taproom, with no firearms but their tobacco-pipes, men of the lowest orders of society, who were to seise the king, the Bank, the Tow er, and the members of both houses of parliament: in short, he considered the whole statement of the witnesses as too absurd to me. rit attention; and that colonel Despard, who was a gentleman and a soldier, could not have embarked in such impracticable schemes unless he was bereft of reason. He then alluded to the past services of the colonel, who, in a joint command with lord Nelson, had preserved one of our valuable colonies: it was known that the colonel had been suspected by government; but though he had long been confined, there was not sufficient evidence against him to go before a grand jury. He proceeded to comment on the character of the witnesses, and concluded in the words of the attorney general, that an improbable charge should be supported by conclusive evidence.

Lord Nelson, sir A. Clarke, and sir E. Nepean, respectively considered the prisoner as a brave of. ficer, a loyal man, and one who returned from service with such testimonies, that it was impossible to doubt of his character.

Mr. Gurney spoke in behalf of the prisoner, and endeavoured to invalidate the testimony of the witnesses.

Colonel Despard declined saying any thing in his own behalf.

The solicitor general replied on the part of the crown; after which

lord

lord Ellenborough summed up the evidence, and stated the nature of overt acts: he read, verbatim, the whole of the evidence, comment ing, as he proceeded, on the most striking parts; after which the jury withdrew for half an hour, and returned with a verdict of Guilty, but they recommended the prisoner to mercy.

Wednesday, Feb. 9.-The court resumed its sitting at nine o'clock, and the following prisoners were put to the bar:

J. Francis, J. Wood, T. Phillips, T. Broughton, T. Newman, D. Tyndall, J. Doyle, J. Sedgwick Wratten, W. Lander, A. Graham, S. Smith, and J. Macnamara. After 16 challenges by the crown, and 31 by the prisoners, the following jury was sworn, viz. G. Evans, J. Waring, R. Southby, R. Linton, J. Prior, J. Baker, J. Phillips, C. Tritton, D. Langton, J. Arnold, J. Winter, and B. Chitty.

The solicitor general stated the case to the jury. He gave a short outline of facts to which it was intended evidence should be produced, explaining, as he proceed ed, the nature of the overt acts constituting the treason alleged against the prisoners. The learned solicitor concluded with observing to the jury, that if they had any doubts relative to the degrees of guilt in the prisoners, it would become their duty to make the distinction; and he felt assured and confident, that in so doing they would act consonant to justice, and the dictates of their own consciences.

The evidence was then gone into, which was precisely the same as in the former trial, with this difference only, that the witness

⚫. 1803.

was made to bear more strongly on the parts which affected the prisoners than in the trial of colonel Despard.

Lord chief justice Ellenborough made one of the most able, eloquent, and impressive addresses to the jury we have ever heard; and with the greatest clearness recapitulated the evidence to them. He did not conclude until six o'clock on Thursday morning.

The jury then retired, and at 25 minutes before eight returned a verdict of Guilty against John Wood, Thomas Broughton, John Francis, Thomas Newman, Daniel Tyndall, J. Sedgwick Wratten, William Lander, Arthur Graham, and John Macnamara.Lander, Newman, and Tyndall, were recommended to mercy.— Thomas Phillips and Samuel Smith were acquitted; and the charge against John Doyle was abandoned on the close of the evidence.

Colonel Despard was then sent for, and placed at the bar, in front of the other prisoners. Those who were acquitted were withdrawn.

Lord Ellenborough then passed the awful sentence of death upon the prisoners, in one of the most impressive speeches ever, perhaps, delivered on a similar occasion.After describing, in a most able manner, the high enormity of the crime of which they had been convicted, and observing that such vile purposes, however zealously begun, generally terminated in schemes of treachery against each other, he thus proceeded:

"With respect to the wicked contrivers of abortive treason now before me, it only remains for me to acquit myself of my last judicial duty.-As for you, colonel Despard, born as you were to bet(C)

ter

"Gentlemen,

"I now transmit a report from the secretary of state, with the information requisite in your resolution of the 17th instant. In making this communication, I deem it proper to observe, that I was led by the regard due to the rights and interests of the United States, and to the just sensibility of a portion of our fellow-citizens more immediately affected by the irregular proceedings at New Orleans, to lose not a moment in causing every step to be taken which the occasion claimed from me, being equally aware of the obligation to maintain, in all cases, the rights of the nation, and to employ for that purpose those, just and honourable means which belong to the character of the United States.

10. The intelligence received from St. Domingo is of a very interesting kind. It now clearly appears, that at the time that Rochambeau arrived at the Cape, to take the chief command, he did not find himself in a situation to attempt any offensive operations against the brigands, while they, in their turn, elated by the reduced numbers of the French troops, continued to make incessant attacks on the posts in the vicinity of the Cape, on which, though repulsed, they speedily renewed their incursions. At Leogane, in particular, they continued their attack for no less than thirteen hours, and, though ultimately forced to retire, they set fire to all the adjoining plantations. On the 18th a very desperate assault was made by them at the Mole, and from their commencing the attack

unexpectedly, it was with great difficulty that it was saved from destruction. The result was that the blacks were driven back, but it was only to retire to their fastnesses.

As a proof how very unimportant the advantage was, it may be sufficient to state, that next day the negroes were at a distance of not more than a league and a half from the town. Fort Dauphin, a station, the possession of which is essential to the safe possession of the Cape, continued in their hands; and it was judged inexpedient to attempt to dislodge. them till the expected succours had arrived from France. The 86th demi-brigade at length arrived, and Rochambeau lost no time in making an attack on this fort.

On the first of December the troops dispatched on this service succeeded in dislodging the blacks: their loss is described as considerable; they fled in all quarters; and they were so closely pursued that they had not an opportunity of committing the outrages generally attendant on their retreat. Twentyfive pieces of cannon fell into the hands of the French, who also got possession of the magazines of the negrocs, which they found plentifully supplied with every thing requisite for the prosecution of the exterminating contest. This is the whole amount of the success which has been gained over the blacks, who, forced to retire a little into the interior, will make perpetual. incursions into the districts held by the French troops, and accom plish, by partial outrages, inces santly repeated, what they could not expect to obtain in the open

field.

and extermination pursued by Leclerc will be discontinued by his successor. Rochambeau is confessedly a man of humane character; but under the present circumstances of St. Domingo, with the spirit of mutual exasperation and revenge with which both parties are actuated, it will be impossible to put a stop to atrocities of the most horrible description. Some expressions which occur in the let ters which describe to us the transactions at the Cape, may serve to give us an idea of what cruelties are daily taking place. At the Mole, the negroes were indiscriminately put to the sword, and even those found wounded were instantly dispatched.

Whatever the French official journal may pretend to the contrary, it is well enough known that the news from St. Domingo has excited, in the army, the greatest reluctance to engage in a service which does not lead to the rewards of honourable warfare, but to almost inevitable destruction, from the diseases of an unhealthy climate, or from the sword of the blacks, employed, not so much in the open field, as in places where resistance is impossible.

15. The prefect of the depart ment of the Rhone, in conformity to the answer of the archbishop, and to the wishes of all the citizens of Lyons, that a proper tribute of respect be paid to the remains of general Leclerc, in return for the services which he has rendered to the republic, has notified the following arrangements:

Art. I. A detachment of cavalry, commanded by an officer, is to be stationed at the post nearest to Lyons, on the road by which the funeral procession of general Leclerc will proceed, and shall

escort the body to the gate of La Guillotiere.

II. The prefect, and all the authorities, civil and judicial, shall appear in carriages, at the aforesaid gate, to receive the convoy: the military corps to form a part of the procession, in the order that shall be determined by the general of division.

III. A car with four wheels shall be prepared, surmounted by a sarcophagus with four columns painted black; in the midst of which is to be placed the corpse; the columns of the sarcophagus are to be surrounded with burning lamps.

IV. The corpse is to be covered with a funeral pall, bordered with silver lace, &c. and the pall is to be held by four general officers.

V. The funeral car is to be drawn by six black horses, which are to be led by grooms on foot, dressed in mourning, with round hats and crape hatbands.

VI. The horses, the box, and the outside of the carriages of the prefect, the commissary general of police, the three mayors, and the other public functionaries shall, if possible, be covered with black; all the public functionaries are to wear the usual external sign of mourning on their hats, arms, and on their swords, if the latter form a part of their costume.

VII. If the number of troops stationed at Lyons will admit of it, a double line of soldiers shall be formed from the bridge of La Guillotiere to St. John's church, wherein the remains of general Leclere are to be depo sited, and through which the procession is to pass.

VIII. A detachment of cavalry and grenadiers will begin the procession; the car, bearing the body

of