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an opinion of the hand-writing, and that he he tells you, that the sums which he received believes it to be the hand-writing of the pri- were very considerable, and that he had : soner. Upon the question of the hand-writ- settled allowance for every trip which he ing you have the evidence of three persons, took. On the part of the prisoner, it is who swear they are acquainted with his hand; said, that this man was employed only to send and they believe that the several papers which wares which the prisoner had bought at difwere shewn to them, except two or three, ferent places, prints which were valuable of which are not very material, are all of the pri- their sort, and things which he had purchased soner's hand-writing. Those three are also at Birmingham. If Ratcliffe was employed proved by Lutterloh to be written by the pri- only to carry such packages and goods, most soner; he swears he actually saw the prisoner undoubtedly that does not amount to any write many of them. On the other hand, you proof of his being hired by the prisoner to have not a single witness called, who says he carry intelligence to the enemy: but you will does not believe them to be the hand-writing consider the sums which were allowed to him of the prisoner; and therefore this part of the for the trips which he made, the agreement evidence stands uncontradicted.

which is proved as to the regularity and the His fordship now stated the evidence for the times when packages were sent down to

frequency of his going, and that, at some of the prisoner, and then proceeded thus :

Canterbury, nothing else was sent with them. These are the three witnesses called to im- Thus stands the evidence as to the hiring peach the credit of Lutterloh. The witness of the two persons whose names you have Lappel said he rather doubted whether he heard, namely, Ratcliffe and Lutterloh: and would trust or believe him.

upon

either of these parts of the case, if you The counsel for the defendant did not put should be of opinion they were hired by the the question in the manner the question ‘al prisoner for the purpose of conveying intelliways is, and ought to be put, if they mean to gence of the destination of our fleets, or the impeach the veracity of a witness; and every strength of the army and navy, to the enemy, day's experience teaches the gentlemen at the the overt act is proved, which constitutes that bar how they ought to put the question, species of treason which the prisoner is chargif they think the answer will serve their ed with. purpose; for the question was never asked of But, besides that, there are the two letters any witness, whether he thought this man which I mentioned to you last, and which are from his general character, deserved to be be- proved to be in the hand-writing of the prilieved upon his oath. The only question at soner, and put into the post-office, that they all like that was put to Lappel, with this addi- were taken from thence, and that they were tion, whether he would trust or believe him. directed to Grolay, who lived in Paris. "If the As to the other witnesses, they were never case stood upon this evidence only, it would asked the question at all; and Mr. Wildman be material for you to weigh the contents of tells you, during the time Lutterloh was with those letters; for, if in those letters he has him, he behaved extremely well; and he disclosed the state of the navy or the army of clears him from any imputation of being con- this country to the French, though they never cerned in the misfortune that attended him were received, yet, being written by him for whilst Lutterloh' was with him.

that purpose, and put into the post-office, Then, in deciding what credit you will give though intercepted, they do amount to an to the witness Lutterloh, you are likewise to overt act of the two species of treason charged. examine all the other facts which have been That was the evidence in the case of Dr. Hengiven in evidence; and the different paper sey, and in several other cases before that. writings, that have been produced under the It was solemnly decided by all the judges of hand of the prisoner, are all circumstances for England in the Case of Gregg,* that, though you to take into your consideration in the the letters were intercepted, yet, if they were credit that you will give to him; for, if you written by the prisoner for the purpose of find that his evidence is confirmed and sup- conveying intelligence, the crime as to him ported by other evidence, it will be a ground was complete; for he hy that means had done for you to give credit to what he has said. every thing in his power, and the treason was But, whether you will give credit to him or complete on his part, though it had not the not, is, as I told you before, a matter for your effect intended : and therefore, if these two decision. If you give credit to him, and be- letters do convey intelligence, or were meant lieve that these letters are the hand-writing to convey intelligence, to the enemy, of the of the prisoner, there are then two witnesses state of the army and the navy of this counto prove the act of hiring Lutterloh for the try, if the case stood upon them alone, the purpose of procuring intelligence to be sent overt act would be proved. abroad.

Now, having read these letters to you be There is, distinct from that evidence, the fore, I shall only state to you generally, that account which you have had from the witness one of them mentions at what time dif Ratcliffe, supported, as you have heard, in ferent East-India ships are to sail, some of part by Mr. Stewart, with respect to the employment that he had under the prisoner; and

* Vol. 14, p. 1371.

which had already gone round from Graves- | purpose, that also is another and complete end, and that others were expected to sail overt act by itself; and in either of these within six or eight days; the number of regi- cases you must find the prisoner guilty. Op ients which were destined for the West-In- the other land, if you do not believe that the dies; what preparation is making for the information of the state of our fleets and arconvoys, when those convoys are to sail, and mies, and their destinations, was gained by where they are to go; the number of effective him for the purpose of supplying the enemy men which will be in North America and with it, and that he had no connexion with Canada; that another convoy is to sail from Ratcliffe or Lutterloh; or, if he had any conCork; when other Indian ships are expected nexion with them, yet that it was not for the to return from India, and particularly the purpose of sending advice or intelligence to number and size of the ships which were the French, but merely for the purpose of stationed off the Isle of Wight: and in that sending goods, as suggested by the counsel, letter he compares the strength of the fleet, to different places; and that the prisoner did as then in England, to what the fleet was at not, by the two letters stopped at the postBrest, or what the feet in England would be office, mean to supply the enemy with such when other ships returned here. In the other information as might enable them to annoy letter he states that sir Samuel Hood had us, or defend themselves; in that case you sailed the Thursday before; he states how will acquit him. many ships of the line he had sailed with;

The Trial began at nine o'clock in the morna and he states that other vessels, which are ing; at thirty-five minutes after ten at night going to Gibraltar, are to sail with admiral the Jury withdrew : they returned into court Mood to a certain latitude. These are the in eight minutes, with a verdict finding the facts which are disclosed by the prisoner in prisoner---Guilty. the two letters sent, or directed, to Grolay; and, as I told you just now, upon these two

SENTENCE. letters, if you are satisfied with the proof that Mr. Justice Buller. Francis Henry De la they are the prisoner's hand-writing, and Motte, the offence of which you stand conthat they were sent or put into the post- victed' is so enormous, and the dangerous office by him for the purpose of conveying such tendency of it is so obvious to every body who intelligence to the enemy, upon that ground has heard, or who may hereafter read the alone you will be obliged to find the prisoner transactions of this day, that it would be but guilty.

mis-spending time to enlarge upon it. It is With respect to Lutterloh, I forgot, in go- an offence for which every state under the ing through the evidence, to state to you one sun has agreed in inflicting the most exemfact which is very material in itself, and which plary punishment. likewise tends very strongly to confirm his There is no other nation, no other governevidence; and that is, the contents of the ment under heaven, which would allow to a papers which were found upon the person of traitor of your description the saine privileges, the prisoner. Those papers were the hand and the same indulgences, which you have writing of Lutterloh himself: the prisoner experienced, during the course of your trial, was not at home the night before he was ap- at this bar. You have had a long, a full, and prehended : the gentleman who came up from patient trial : you have had the assistance of Wickham tells you, that he saw the prisoner such of the advocates at the British bar, as at Wickham not above a day or two before you yourself approved: you have had a long the time that he heard that the prisoner was previous information of the names of those taken up. Then, a day or two after the pri- who were to decide upon your guilt, or innosoner was with Lutterloh at Wickham, he is cence; and you have had information, of apprehended in London, with papers in his equal length, of those who were to be ado pocket, written by Lutterloh, containing an duced as witnesses against you. These are account of all the ships that were at Ports- indulgences which are allowed in no country mouth, or at Spithead, or that had sailed, or but in England; and you, though a foreigner, were intended to sail soon.

though a native of that country which has It is for you to lay all this evidence toge- harboured an old inveterate hatred against ther; and if you are satisfied upon either of this kingdom, and which is now at war with the three heads which I have mentioned to it, have yet received every indulgence which you, namely, that the prisoner did hire the a British subject could enjoy. But, after all iwo persons Ratcliffe and Lutterloh, or either this, you have not been able to offer any fair, of them, for the purpose of conveying intelli- specious, or credible reason for the conduct gence to the enemy, that is an overt act of which you have pursued. During your resitreason; or if you are not satisfied of that, dence in this country, as well as during the and are satisfied that he did collect intel-course of your trial, you have received the ligence of the nature which you have heard, protection of the laws of the land. As such, for the purpose of sending it, that also is á you owed a duty to those laws, and an alles complete overt act of treason; or, in the third giance to the king whose laws they are;* but place, if you are satisfied that lie sent those two letters to the post-office for the same See Rast's Pleas of the Crown, a. 8. $4

which you

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you have thought fit to abuse that protection your body, and your body divided into four

received. The law of this coun- parts; and that your head and quarters be try, though slower in its progress, and more disposed of as the king shall think fit: and cautious in tracing out the unerring path of may the Lord have mercy on your soul!' truth than the laws of most other countries, is not less sure than they are in detecting guilt; and, when guilt of such enormity as “ The prisoner received the awful doom yours is detected, the law must take its course. with great composure, but inveighed against You have, by great and immense bribes, cor- Mr. Lutterloh in warın terms. rupted others to join you, within the very “ It is said that in the last war, he was bowels of this country, to become traitors colonel of the regiment of Soubise, and beagainst it, and to endeavour, as much as you haved on several occasions with gallantry. could, to ruin the constitution, and to render Upon the conclusion of the war his regiment a land of liberty and of freedom, of justice was broke ; soon after which the title of baron and of mercy, subject to the most arbitrary Deckham(qu.d'Akerman], with an hereditary sway of its inveterate foe. In such a case estate, devolved to him. Having lived beyond therefore as yours, you must expect to receive, the limits of his fortune, he retired to Eng. from an English court of justice, that punish- land some few years since, where he has conment which every country would inflict for tinued to reside till the commission of that the same offence. Such efforts as yours have act which he is to expiate hy the forfeit of his hitherto proved ineffectual, and I trust in God life. they ever will. But the safety of the state “ His behaviour throughout the whole of requires that you should be made an example this trying scene exhibited a coinbination of of, to deter others froin meriting that fate manliness, steadiness, and presence of mind. which awaits you.

He appeared at the same time polite, condeThe sentence of the law in your case is, could never have stood so firm and collected,

scending, and unaffected, and, we presume, and this Court doth adjudge,

at so awful a moment, if, while he felt him• That you be drawn upon a hurdle to the self justly convicted as a traitor to the state place of execution ; that

you

be there hanged which gave him protection, he had not, how* by the neck, but not until you are dead; but ever mistakenly, felt a conscious innocence • that, being alive, you be cut down, and within his own breast, that he had devoted - your bowels taken out and burnt before his life to the service of his country.” * your face; that your head be severed from

Annual Register, 1781, p. 185.

565. The Trial* of David TYRIE, for High Treason, at the Assizes

at Winchester, held by Adjournment on Saturday, August the 10th ; Before the Hon. John Heath, esq. one of the Justices of his Majesty's Court of Common-Pleas : 22 GEORGE III. A. D. 1782.

1

DAVID TYRIE was indicted for falsely, squadrons of ships of war of our king, eniwickedly, and traitorously, (being a subject of ployed in prosecuting and carrying on said Great Britain) compassing, imagining, and war; and also of the service in which divers intending, the king of and from the royal other ships of war of our king were then emstate, crown, title, power, and government of ployed in prosecuting and carrying on said Great Britain, to depose and wholly deprive; war; and also of the times of sailing of divers and the king to kill, and bring and put to ships of war of our king, and the destination death; and to fulfil, perfect, and bring to ef- of said ships, and the services in which such fect, his treason, compassings, and imagina- ships were employed; and of the times when tions, as such false traitor, falsely, wickedly, other ships of war of our king were then exand traitorously composing and writing, and pected to sail from this kingdom, and the causing to be composed and wrote, divers let- voyages, cruises, and services, upon which ters and instructions in writing, to shew and such ships were expected to sail; and also of inform Lewis the French king, (who for a the times when other ships of war of our long time, and still carries on and prosecutes, king, employed in the prosecution and carryby land and by sea, an open and public war ing on of said war, were expected to arrive in against our present king) and his subjects, this kingdom; and also the number and force enemies of our king, of the stations of divers of divers ships of war of our king, within

certain ports of this kingdom, and of the • Taken in Short-hand by Joseph Gurney. state and condition of several of said ships

!

and also of the times of sailing of divers other ther letter, to be sent to subjects of said ships and vessels of our king, from this king- French king, in parts beyond the seas, enedom, to the dominions of our king, and other mies of our king, in which last-mentioned places, in parts beyond the seas; and during letter said David Tyrie (amongst other things) said war, as such false traitor, in prosecution falsely,. wickedly, and traitorously, notified, of his treason and treasonable purposes, disclosed, and revealed, to said enemies of our falsely, wickedly, and traitorously composing king, the number, and times of sailing, of and writing, and causing and procuring to be certain ships or vessels belonging to subjects composed and wrote, a letter to be sent to of our king, from this kingdom to the domisubjects of said French king, in parts beyond nions of our king and other places in parts the seas, enemies of our king; in which said beyond the seas : and said David Tyrie, in letter said David Tyrie (among other things) prosecution of, and to promote his treason, wickedly, falsely, and traitorously notified, imaginations, and compassings aforesaid, disclosed, and revealed, to said enemies of falsely, wickedly, and traítorously, did send, our king, that a squadron of ships of war of and procure to be sent, all and singular said our king, consisting of the Arethusa, La Pru- several letters, instructions in writing, acdente, Monsieur, and Recovery, frigates, had counts, lists, and states, to be delivered in sailed from Spithead, on second of February, parts beyond the seas, to several subjects of (meaning second of February last) and were said French king, enemies of our king, and then employed in prosecuting and carrying on that during said war, said David Tyrie, as said war off Cape La Hogue in France: and such false traitor, and in prosecution of his in another of said accounts or lists, said said treason and treasonable purposes, falsely, David Tyrie falsely, wickedly, and traitorously, wickedly, and traitorously, did retain, hire, notified, disclosed, and revealed, to said ene- and procure, and cause to be retained, hired, mies of our king, the times of the sailing and and procured, William James, to carry and destination of divers other ships of war of our convey from this kingdom unto the kingdom king, which had lately before that time sailed of France, and there to deliver to subjects of from this kingdom for the purpose of convoy- said French king, enemies of our king, cering the East and West India fleets, and other tain letters, instructions in writing, to inform ships belonging to subjects of our king; and said French king and his subjects, enemies of also the stations of divers ships of war of our our king, of the state, condition, destination, king, then cruizing on the French coast, and stations, of the naval forces of the kingagainst the enemies of our king: and in ano- dom, and other advice and intelligence, to ther of said accounts or lists, said David Tyrie enable and assist said French king, and his falsely, wickedly, and traitorously, notified, subjects, in the prosecution and carrying on disclosed, and revealed, to said enemies of of said war against our king and his subjects our king, the number, state, condition, and against his duty, and allegiance, &c. and force, of divers other ships of war of our king, against the statute, at Gosport, 10th of Feemployed in prosecuting and carrying on said bruary last, and on other days and times, as war, and the times when such ships were ex- well before as after. pected to sail from this kingdom, and the Second Count. For unlawfully and traitovoyages, cruizes, and services, upon which rously adhering to the king's enemies. such ships were expected to sail; and also

The Prisoner having pleaded Not Guilty the times when divers other ships of war of to the indictment, the pannel was called over our king, employed in prosecuting and carry- by the Clerk of Arraigns; when the Priing on said war, were expected to arrive in

soner's Counsel having peremptorily chalthis kingdom ; and also the number and force lenged thirty-five of the Jurors, and the of the ships of war of our king then repairing Counsel for the Crown three, the following in ports within this kingdom: and during were sworn. said war, said David Tyrie, as such false trai- Richard Dicker, John Wade, tor, in prosecution of his treason and treason-Williain Knowles, Richard Moody, purposes, falsely, wickedly, and traito

James Butterworth,

Thomas Figes, rously, composed and wrote, and caused and Thomas Wilsted, William Grist, procured to be composed and wrote, an ac

John Godsall,

William Edney, count or state, to be sent to subjects of said

John Tidcoinb,

John Atkins. French king; in which said account or state, said David Tyrie notified, disclosed, and re- Counsel for the Crown.-Mr. Morris, Mr. vealed, to said enemies of our king, the num

Serj. Grose, Mr. Batt. ber, and time of sailing, of ships or vessels of

Counsel for the Prisoner.—Mr. Watson. our king, employed as transports, store ships, and victuallers, for the purpose of prosecuting with such an intent, although the letters, &c. were

* That the writing and sending such letters, &c. and carrying on said war; and during said war, said David Tyrie , as such false traitur, in intercepted, and did not reach their destination, are

overt acts of compassing and junagining the death of prosecution of his treason and treasonable

the king, and also of adhering to the king's enemies, purposes, falsely, maliciously, wickedly, and

see Gregg's Case, vol. 14, p. 1371; Hensey's Case, traitorously, composed and wrote, and caused vol. 19, p. 1341; De la Motte's Case, vol. 21, p. and procured to be composed and wrote, ano- 687 ; and East's Pleas of the Crown, ch. 2, s. 58. VOL. XXI.

3 G

Yes ;

EVIDENCE FOR THE CROWN.

derns her husband:did not know of? No; she

told me no such thing. Maria Hervey sworn.

Recollect accurately that part of the conExamined by Mr. Serjeant Grose. * versation I-She said no such thing. The Where do you live ?-In Carvick’s-row, man, she said, had given them to her; be; Scotland yard.

she said. I said, What, Mr. Tyrie? She said, I believe you keep a school ?-I do.

Yes. She said, if Mr. Tyrie was here, he Do you remember any lady, at any time, would be very angry with you for calling me coming to you with some papers ?-Yes ; on Askew, for he took me to church for a name. Wednesday, the 13th of February.

Did she not tell you she was afraid be Who was she ?-A woman who called 'her- should know of these papers:.-No; she said self Askew.

no such thing. What did you do with those papers?-I

You said she expressed considerableanxiety inspected into them, and then delivered them -Yes ; and was very much furried. up to a gentleman of Westminster, Mr.

Page. her Mrs.

Askew, he would be very angryde

And said, if Mr. Tyrie knew of your calling How came you to inspect into them ? From various reasons. The lady gave me

but I said she had never passed by any Teason, from what she said, to suspect their other name in my hearing. being of a criminal nature.

She said she was in trouble, and wished to What were those reasons?-By her saying get rid of the papers ?-No; she said he was 6 she had taken three coaches to bring them

in trouble. and she appeared very much furricd. She

Recollect whether you did not understand said, “the gentleman that delivered them to from her, at that time, that Mr. Tyrie did not her was in trouble, and wished to get them know any thing about these papers ? — I had off:'. This created'a suspicion in me. I there every reason in the world to think he did. fore inspected into them; and gave them all,

What are those reasons ! Her saying he' on the same day, to Mr. Page.

immediately upon my mentioning Mr. Tyrie's

name : and from having seen Mr. Tyrie; and Cross-examined by Mr. Watson. from knowing that she lived with Mr. Tyrie. Had you any acquaintance with Mrs. Court. What did

you say about what passed Askewd. Very little : I had seen her four or upon your mentioning Mr. Tyrie's name? five different times before.

A. She said, Yes. She said they came from Of what nature was your acquaintance with he. I wished to know whether it was he. I her ?-Her sister sent a couple of young" had seen them togother at her sister's house. ladies to school to me, for education. I had I said, What, Mr. Tyrie? She said, Yes. seen Mrs. Askew at Mrs. Smith's lodgings. Mr. Watson. Upon her saying 'he' would be

Do you know where Mrs. Askew lived ? angry, you asked who he was; what, Mr. No; not when first I became to have some Tyrie A. Yes. knowledge of her.

But she did not say the papers came from Did she give any other reason but this for him ?-No; she did not. intrusting the papers to you?-No. She be- Mr.Serjeant Grøse. When she said she;" fore had told me she had something to in- and you said, What, Mr. Tyrie? how came the trust with me, and wanted a favourable op- name of Mr. Tyrie to occur to you? A. Be portunity.

cause I had frequently heard her sister menHow long was that before?-- About a month tion the name of Tyrie, and her sister's chilor six weeks. And she asked me which was dren had mentioned it in my school. I had the most eligible tine of seeing me alone. I heard her sister mention the name frequently, told, her my hours of leisure.

You said just now she said Mr. Tyrie would And she came at that distance of time be angry!-She never mentioned such a afterwards ? -Yes.

word as his anger when I asked if Mr. Tycie Do you recollect pretty perfectly what she gave her the papers ; then she made no ansaid ?-« Mrs. Hervey, I have something to communicate to you, and wish to find an op

What did she say about his anger, OD 8Cportunity of telling you." When she came count of your calling her Askew ? She said, with the papers, she said, she would take it “ If you was to call me Askew in his presence, as a favour if I would take particular care of he would be angry." When she gave the these papers; and she hoped I would not papers, she said he had delivered them to her shew them to any person. I said, No, cer- to get them off. These were the very words. tainly I shall not shew them; I would not I thought it astonishing she should take three shew my own papers, that were of a family coaches, to bring papers. I asked her what nature; and certainly should not shew them. that meant : for she said she took three dif

Had she explained to you that these were ferent coaches, in this manner: that she papers of a family nature ?–No; but I stopped about ten minutes, and then took thought they were so.

another ; for that she was in a great deal of Had not she told you they were some con- trouble, that he wished to get them off safe,

and she had taken that method. Afterwards oue of the Justices B. R. What did you say next after that. I do

Swer.

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