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man they cut, and hacked with swords in a barbarous, manner: most fortunately the colonel was - . in Limerick, and it appeared that he and his servant were their intended victims. Providence directed that lieutenant MoMahon, of the queen's German ngers, on that evening called and remained at colonel Bourchier's house; and owing to his spirited conduct, Mrs. Bourchier and her ildren were protected from the brutal rage of those rebels. After entirely destroying the furniture of the house, windows, &c. taking all the fire-arms with them, they broke open the stables, took thereout the colonel's six horses, three of which were found at six o'clock next morning, on the road, by lieutenant MoMahon, on his venturing out to apprise James Gubbins, esq. a neighbouring magistrate, who, with his son, Joseph Gubbins, esq. instantaneously afforded him ev assistance; but we are sorry to j, that none of the rebels, as yet, have been apprehended. The faithful servant (whose name we do not wish to mention, he having a wife in a distant part, to whom this may be the first intimation) lies in this city in a most dangerous state, attended by surgeons of the first eminence. - - old Bailey. John Scruton and Robert Cooper were indicted for stealing a gold medallion, and other, articles, the É. of Mrs. Jordan, the celerated actress. - It appeared, that on the 1st of last. December Mrs. Jordan attended the theatre, and her carriage was waiting to convey her home. The servants had left the door
to medallion, was made up in a bundle and placed in the carriage: while the footman was looking another way, one of the prisoners found means to carry off the bundle, by getting in undiscovered at the door left open, and letting himself out on the opposite side. Mrs. Jordan, on seating herself in the carriage, missed the property, and immediately directed her attendants to make the robbery known. Both the offenders were shortly after taken into custody. The fact being clearly proved, the prisoners were found Guilty, and sentenced to seven years transportation. * - * * * *- On the evening of last Thursday se'nnight, a man went to an inn at Chichester, and ordered supper, but, whilst it was preparing, introduced himself to the soldiers of the 10th light dragoons, quartered in the house, and of them he learned which was their best horse; and, having obtained that information, retired from his military friends to sup, about nine o'clock: after realing himself, plentifully, and #. previously stolen a pair of regimental pistols in the soldiers' room, he unobservedly went into the stable, mounted the horse he had fixed on, and rode off.
state tr I.A.L. The special commission for the trial of colonel Despard and others was yesterday opened at the Sessions-house, Horsemonger-lane. The judges named in the commission were lord Ellenborough, Mr. justice Chambre, Mr. justice Le lanc, and Mr. Baron Thomson.
Names of the Grand Jury. George lord Leslie, Viscount Cranley, . . . . Lord William Russel,
John lord Teignmouth,
At half past eleven the court met, and the grand jury having been sworn, the lord chief baron addressed them to this effect: His lordship observed, they were assembled under the authority of his majesty’s commission, issued for the trial of certain persons charged with all or some of the offences specified in it. It contained charges of high treason and misprision of treason, with offences against the statute of 36 Geo. III. passed for the safety and preservation of his majesty's person and government against treasonable practices; against another statute passed in the 37th year of the present king, for the better prevention of attempts to seduce persons serving in his majesty’s forces by sea or land; and against another statute passed in the same year, for more effectually preventing the administering of oaths. The species of offence most malignant in its nature, most destructive to the security of the realm, and most subversive of those
principles on which society was founded, had been placed by the law in the highest class of crimes; by this he desired to be understood to mean, the crime of high treason against the authority of the king. Another offence, of the same nature, immediately subject to their cognisance, and against which the statute 37 Geo. III. was directed, was an offence second only in magnitude to the crime of high treason, and of which, in some cases, it formed a very, material part; he meant the crime of seducing persons serving in his majesty's forces, by sea and land, from their duty and allegiance. The law of this land, from the earliest period, had, with due anxiety to the importance of the object in view, watched with a cautious eye over the life and safety of the sovereign. Circumstances not necessary to be referred to, had of late increased that anxiety. The law considered the mischievous workings of the imagination, and the malignant feelings of the heart, when directed towards the destruction of the life of his majesty, as criminal as the perpetration of the atrocious deed by which his sacred person might be endangered. To ascertain and investigate such a purpose in his mind, and the acts done to carry it into execution, which the law denominated overt acts of high treason, had been at different periods the most important part of the functions which juries were called upon to exercise. What should be deemed sufficient overt acts of compassing the death of the king, in other words, what acts should amount to evidence of such a purpose, had frequently been the subject of dis
pute; but long before the Passin
the laststatute of 36 Geo. III. it ha been settled by the most able authorities, thorities, that measures adopted for deposing the king of his royal state, and attempts against his royal person, either for attacking, obtaining possession of, or imprisoning it, were impressed with the stamp and denomination of the crime of high treason, and were entitled to be received as the most cogent and unequivocal evidence to prove it. Authorities had also settled, that any consultation or meeting to carry such crime into effect, though nothing should be done, and though the whole scheme and plan should be abortive; and further, that any consent or approbation to such consultation or meetings, were all equally overt acts of that species of high treason which consists in the sompassing or imagining the death of the king. But all pretence for doubt upon a subject on which it was so important there should not exist the slightest doubt whatever, had been obviated by the prudent and wise provisions of the 36th of his present majesty, which enacted, that if any person should compass, imagine, or devise the death or destruction of the king, or commit any act tending to his death or destruction, maim or bodily harm, or should levy war against him, for the purpose of restraining or imprisoning his person, or compelling him to appoint other counsels, should be adjudged a traitor, and should suffer death. To compass, therefore, or imagine the imprisonment or restraint of the king, was now expressed in a clear and positive statute as an act of treason, exactly as it stood under the letter of the 25th Edw. III. The same might be said of all the other treasons which were specifically connected with the statute of the 26th Geo. He only selected the offence of compassing and devising the
death of the king, because it was possible that the attention of the jury would be more particularly called to the consideration of it. He had already stated that such acts as indicated an intention to commit the crime he had alluded to, , were properly overt acts of high treason. And all overt acts wererequired by the 7th W. III, c.3. to be named in the indictment, in order that the party accused might know how he ought to shape §: defence; but the numerous particulars into which such a 3. might branch, need not be detailed and spread on the record. It was enough that the nature of the overt a acts should be specified with convenient certainty; and when this was done, the many other circumstances with which they were connected need not be further stated. The other matters might be so many parts or appendages of what had been formally set out, and might be considered as virtually included in it. He had said thus much in the hope of affording the jury some assistance, which might enable them to understand the meaning of the form of the indictment laid before them, couched, as of course it was, in the technical language of the law, and that they might compare it with the proof which would be adduced in support of it. He would state what proof the law required: in the first place, the law required that the crime should be tried by a jury of the county in which a part or the whole of the overt acts were committed. Compassing the king's death, or levying war, must proved by one witness to have been committed in the county where the trial was to be had. A meeting must be proved by one witness to have been held within the county, (B 3) - ©r or some otheract to have been committed of a similar tendency. This was necessary, to invest the jury with a legal power to investigate the facts; but when this had been done, any other act committed, whether within or without the county, might be received as evidence without any objection; he meant as far as respected the locality of the evidence. The law also required on the trial, by the grand as well as the other jury, that the overt acts id be proved by the oaths of two witmesses, though one was sufficient to each partic fact. If, however, the overt act implied had any direct attempt, whereby the life of his majesty was attacked, or bodily harm threatened him, in that case, by the 39th and 40th of his present majesty, the party might be tried in like manner as if he had been tried for murder. He was not aware that any such direct attempt would form the subject of their inquiry under the present commission. It was unnecessary for him to suggest anything further as to the form of the indictment, or the number of witnesses by which it was necessary to be supported. He would however trespass on their attention while he adverted, to another subject--he meant as to the probable effect of those acts about to be laid before the jury. It was the nature of the minds of men who were busily occupied in the contemplation of offences injurious to the interests of society, to entertain a confident persuasion that the sentiments of others were congenial to their own; and this persuasion too frequently induced them to pursue their machinations. It engendered in the hearts of guilty men, that degree of rash
ness in their evertures to those they - upon a full hearing of the cases
wished to associate with them, which, fortunately for the public, generally was attended with the discovery of the whole scheme they were engaged in ; but the greatest and most important part of the disclosure, and which alone could develope the secret springs of their actions, could only be detailed by those to whom the facts were disclosed, who had participated in the counsels of the conspirators who had engaged in the same designs. . . The evidence of accomplices, although competent, was at all times to be received and acted upon with jealousy and caution; and unless the evidence derived from such a source was of a nature which carried complete conviction of its truth, it ought not to constitute the ground of a conclu.
sion which should affect the lives,
fortunes, or honour of the persons under accusation. In weighing . the *. of accom. plices, the jury would expect to find such so of consisteney in their testimony, such a general conformity in the relations of the several witnesses, such a coinci
dence with , the main rules of
ordinary probability, as to render the sum and substance of such details credible and worthy of being relied on. If the evidence sheul be of the nature he had described, the jury would give it that credit: to which they should consider it entitled. They would of course" bear in mind, that it was by an=2 other jury the guilt or innocence of: the persons accused was to be es: tablished on the present occasion; it was necessary that a reasonable and probablegroundshould bemade." out to warrant the grand juryinputting the parties accused upon their trial before that other jury, which,+
and the evidence on both sides, might be able to pronounce a verdict of condemnation or acquittal. If such testimony should bebrought before them, as he had described, it was their duty to submit it to the ulterior investigation of another jury; at present it was only necessary to add, that to refuse its proper degree of credit to the sort of testimony he had alluded to, would be to render the crime the means of its own protection. . The adoption of a principle of distrust to the evidence of accomplices, would be to-violate common sense and the rules of justice. He should forbear. detailing to the jury the particulars of the offences charged against the prisoners; by so doing, he should avoid exciting the slightest degree of prejudice against them; and the ends of justice would be attained with equal certainty. If the jury should consider that the present conspiracy was as hopeless and ill advised, and had as little chance of success as other abortive treasons, they would only on that account require, stronger evidence #. of an act of such extreme folly and wickedness; but if it should-be made out to their satisfaction, their doubt and diffidence would be succeeded by other sentiments—by sentiments *:: : and horror rise at the bold-: ness of of: and horror
at the tremendous consequences; which must have attended its success. -Copsidering; said his lordship, to whom he was addressin
himself, he feared he had .# too long a portion of their time. He endeavoured to state as: much of the nature of the indictment, the proof which would be
ht forward in support of it, ..o. quality of that : proof, as would enable the jury teo : a
estimate its value, and to draw such a conclusion: as reason and justice required. They would now proceed, in discharge of their duty, to the investigation of a subject, which as deeply affected the interests of the country, as the lives and fame of the parties under accusation. He had no doubt but the result would be as satisfactory to the public, as it would be just towards those persons who were the objects of the duty they had to perform. The lord chief justice having concluded his address, the grand jury immediately withdrew with the bills of indictment. * The names of those against whom true bills were found, were as follow: Edward Marcus Despard, Thomas Broughton, James Sedgwick Wratten, William Lander, Arthur Graham, Samuel Smith, John MoMamara, John Wood, John Francis, Thomas Brown, Daniel: Tyndall, John Doyle, and Thomas Phillips alias Jackson. 22. The commissioners of naval inquiry have commenced their sittings, in Great George-street, Westminster, at the i. occupied by the chancellor of the Irish exchequer. * .. The Moniteur of the 19th contains a decree of the consuls of the republic, for establishing a com. missary general and council in the island .#. and the adjacent islands of Capraia, Pianosa, Palmaiola, and Monte Christo de
- go on it; and for regulating the administration of these islands. **
126. On Saturday night last, a cool, deliberate, and horrid murder was perpetrated in Greenwich hos[. upon one of the pensioners y another; the circumstances of (B4) which