Imagens das páginas
PDF
ePub

neas. And it has been admitted by this wit-, the prisoner is, or what the prisoner is, or ness himself, that upon his first return from what have been his connections in life, are London, he said to James, You must go and not matters for your consideration. Admit make the business as black as you can against that he has pursued that loose and vagabond Tyrie. The inference is left for you, gentle- habit of life which leads men to defraud the men; but it is an inference you cannot avoid | revenues of their country, and to smuggle the drawing. It was in order that, by his con- produce of a foreign clime, even of an enemy's viction, they might reap that reward which country, into his own; this is not a reason

they were seeking. Besides which you will why you should find him guilty of the heinous ! recollect, that I asked the witness Jaines con- offence of high treason. You are then to con1. cerning a conversation with a person of the sider, gentlemen, the whole of the evidence

name of Ramsey, upon the subject, after his which has been offered, and which will be having given information upon oath at the stated to you with such observations from his justices

' office in Bow-street. The fact is, he lordship on the bench, as I am sure must do i had a conversation with Mr. Ramsey; and in ample justice to the innocence of the prisoner,

that conversation, as I am instructed, Ram- with respect to the charge now laid against sey will prove to you, though James had the | him, notwithstanding any circumstance of hardiness himself in a degree to deny it, he criminality as a smuggler or otherwise. I am told him that he had sworn at the public office satisfied, ihat in the observations which will in Bow-street what he knew nothing about; be made to you from the bench, where his that he had been carried there by Harrison ; lordship will aid me by being also counsel for that he had sworn he did not know what; he the prisoner at the bar, as far as, according to had sworn to facts, of the truth of which he the truth and justice of the case, he ought to had no knowledge himself; but it was what be counsel for him, his lordship will tell you

Harrison bid him say. This, gentlemen, I upon what points you are to lay the stress of I shall prove to you by Mr. Ramsey. And ano- your examination into the whole subject mat

ther circumstance you will remember is, that ter of the evidence that has been thus brought Harrison's rancour is demonstrated, as well as before you, so as to draw a proper conclusion his eagerness to obtain a large reward for the from it; and will convince you that it is by conviction of the prisoner.

no means a chain of evidence unbroken; by Under these circumstances, if you are not no means a body of circunstances which told by his lordship that the fact of the pri- carry such conviction in the face of them, as soner's delivering the packet to James has not is stronger than the positive testimony of ten been proved by two witnesses; and that all thousand witnesses. the contents of the cover which has come Such the circumstances were which the from James's hand, are to be laid entirely out learned gentleman opened to you; but such of the case, and ought to make no part of the are not the circumstances, in my opinion, evidence which, in deciding upon the pri- which have been proved to you; such, I trust, soner's innocence or guilt, you are to consider you will find the circumstances have not been, as the ground of your acquitting him, or find when you come to weigh and consider and ing him guilty; you will at least reflect that reconsider the evidence amongst yourselves, these papers come under your investigation after having heard the whole testimony in with singular marks of suspicion. One of the detail laid before you by his lordship, with witnesses to the overt act of sending this the observations which he is to make upon it. packet by James, whose name is Mailstone, And if you do not, upon the whole body of appears in the light of an accomplice; and this case, find that the circumstances are such besides he gives reasons for believing that the as to convict the prisoner of high treason, then packet produced is not the one he saw: and you will not find him guilty, whatever may you are well aware, gentlemen, that it is not be your opinion of his other offences; whatthe question for you to try simply, whether ever may be your opinion of his conduct in this you consider that the prisoner at the bar de contraband traffic with an enemy's country; serves well of the community or ill. The which was highly censurable in every possible opinion you ought to form of his character way: for, although the trade of su

smuggling and connections, is not the point for you to thus carried on is doubly wrong, yet, let it be determine and decide in the verdict you are wrong in a degree as high as it may, this is to give : you are not to convict him of treason not the crime of high treason. The illicit because he has been so wicked as to be con- trade of smuggling is the crime that is proved nected with such men as the last witness against the prisoner. High treason, in comcalled, Mailstone; with such men as James passing the death of the king, and adhering and Harrison, or with others of whom we to his enemies, is the crime charged against have heard. What the history of his life has him. But, gentlemen of the jury, the crime been, or what his conduct has been, ought for charged is what you must find by your vera moment to be forgotten by you, or rather to dict, in agreeing to find him guilty. If therebe remembered with this note, that it is not fore you do not feel yourselves convinced, beupon these you are now to decide.

yond a doubt, by what you have heard, or if The learned gentleman who opened the the witness I shall call to contradict and to case to you, told you well and properly, who destroy the weight of the testimony of James,

[ocr errors]

shall, by the fairness and consistency of his | said, Did not I hear what you said, when you tale, create a doubt in your minds which does was examined at the office? I replied, I don't not already exist, then I will venture to assure know what you have heard, nor what I said ; you, that in such a doubtful case you ought but I said no more than the truth-That was to acquit. And I will only add, that if you in answer to a woman's talk-I said I don't should not be perfectly convinced of the pri- know what I said, or what I did; but I said soner's innocence, doubts of his guilt ought no more than the truth. to have the same operation in determining your verdict, as proof of his innocence. II, The End of the Evidence for the Prisoner. therefore, you do entertain doubts, I am warranted in saying, under such circumstances, find the prisoner guilty, if in common honesty and common sense you can, if in conscience,

Mr. Justice Heath summed up the Eviand by the oath you have taken, you dare.

dence to the Jury, who almost immediately pronounced the prisoner Guilty.

After the Jury had given in their Verdict, EVIDENCE FOR THE PRISONER.

upon the Clerk of Arraigns putting to the pri

soner the usual question, “ What have you to Edward Ramsey sworn.

say why judgment of death should not be passExamined by Mr. Watson.

ed upon you?” he replied, It is in vain for me to

say any thing-Poverty has been the cause of Have you had any conversation with Wm. my conviction; because I had not the means James, the witness who was called just now, to bring my witnesses here. However, I have since the prisoner at the bar has been in cus- a hope beyond the grave, and despise every tody, respecting him ?-Yes.

thing that has been done to me. (William James called into Court.)

SENTENCE. Q. to Ramsey. Have you had any conver

Mr. Justice Heath. sation with this man, respecting the prisoner, since his being in custody ?-Yes.

You, David Tyrie, are to be led from Where was it?-In Tothill-fields Bridewell. hence to the gaol from whence you came; Mr. James asked me if I would take a walk and from thence you are to be drawn, upon to Tothill-fields Bridewell.

a hurdle, to the place of execution; and there Did you know James before? - Yes. Ac- you are to be hanged by the neck; and, cordingly I went with him. Mrs. Tyrie, Mr. being alive, to be cut down, and your privy Tyrie's wife, was there present, drinking a members to be cut off, and your bowels to be glass of wine. She abused James terribly: • taken out of your belly, and there burnt, she was in a terrible passion.

you being alive: and your head to be cut off, What did he say?-He said he knew no- and your body to be divided into four quarthing about it; it was not his fault that brought ters; and that your head and quarters be her there. Then she seemed to be moderate, disposed of where his majesty shall think and did not scold so much.

fit? Relate exactly what James said. He said he knew nothing of it; that it was not his fault that she was brought there.

What was the conversation about, when he The following Letter, in Tyrie's hand-writing, said he knew nothing about it?-With regard was found upon the person to whom it is to her being taken up. He said, Mr. Harri- addressed, who was apprehended for alson had told him several times to paint the

tering Bank-notes. thing as black as he could. He was speaking to Mrs. Tyrie, but I was present. Mr. Mail

(Copy) stone was present at the time. When we were examining at the office, in Bow-street,

My dearest Sir; The things are ready, Mr. James said he was sworn then, but he not in. To-morrow evening I hope to make did not know what he was sworn to being my push. - If I fail in this, what you propose deaf, I presume he meant, but he did not good God! you amaze me so much, that 1 mention that; I understood so. Court to James. Have you heard what this ed if there was such a man as you living

scarcely know what to think. I really doubiwitness has said ?_Yes.

Our acquaintance is but short and casual Court. What account do you give of it?--A. How then, that am but a stranger to you, can I went to see Mr. Mailstone there. Mrs. Tyrie I expect you will run such a hazard for me? came into the room, and began to talk to me There are people in London who owe their very loudly; and said, she must thank me for fortunes to me, but have not once looked near being there. I said, I did not know I had me. God send I was out! I think I would done her any harm. I paid but little ard convince you was worth serving. Except to it, as it was a woman's talk. At last, she yourself, I believe few men have more resolu

6

tion. I have but few words; but, once in ac- | Nothing should be attempted this side Hountion, neck or nothing ! Depend on it, if no-slow; but immediately on the ather side of it, thing unforeseen happens, dead or alive, I'll or not again till you come to Bagshot-Heath, be delivered to-morrow night: it may be a just about the 23 mile stone.-A horse or a night later before the tools come in, but not chaise ought to be ready; I would prefer the more. If I am detected, and you think you

former;

and a frock also to disguise me after can accomplish a rescue in the journey to I got away. There are a great many ways Winchester, the attempt will be safe, easy, which we could double from both of these and certain: but the most difficult thing will places.-And, however ridiculous you may be to find out when I am to be removed. I think it, plenty of snuff should be provided, to am in great confidence with the turnkeys; throw in their eyes :-you should also get a they say there is no talk of going; they are punch and an iron, for knocking off the bazils certain it won't be this week, and pro

from my legs. We will reach Hounslow mise to give me notice the day before.- about seven o'clock in the morning, and BagThis cannot be depended on; but I will tell shot-heath about eleven; each about an hour you how I think it might be reduced to a cer- and a half sooner, if in a chaise. If all the tainty. When I am removed, it will be either parties were ready, a watch would do just as in the Winchester stage, or a post-chaise ; well ai Hyde-Park-corner turnpike as at Newand, in either case, I will go out of the gaol gate; only whoever does it must first kno about five o'clock in the morning, or rather my person. Now, suppose I was to get no-. half an hour sooner. Suppose then a person tice about six, seven, or eight o'clock on the was to wait about the Old Bailey and New- evening before I am removed; how could I gate-street every morning, from about half contrive to let you know? I wish you and after three till about six o'clock : let him first Jack would settle some place about this; I come into the gaol, and see my face and per- could get a person perhaps to go a mile or two, son. If I am removed suddenly, he can then but not further; and it would be imprudent to come and give you notice; first following to trust every one with where you live. Turn see whether I go by the stage, or in a chaise : all this in your mind, my dear friend, as the it in a chaise, I'll go from the door; if by the dernier, in case my first should be frustrated. stage, I'll go to the inn.-You can enquire where If you can get men who know the road, they the Winchester stage inns. Bill Lee, and may know a better place nearer London. Í another creature like himself, are all that goes doubt you will find it difficult to get the men. with me, at least so I am told; and them it -You must tell them it is to rescue a person is only who go with the prisoners removed at about smuggling. Adieu! God bless you! assize time. Knowing my time and mode of I'll expect to hear from you to-morrow.--You conveyance, all that's wanted would be three ever faithful and obliged friend." or four men disguised with smock or waggoner's frocks, and well mounted, as if smug- “ Wednesday morning. glers; they might have crapes for the face. Mr. John Graham."

[merged small][ocr errors]
[ocr errors]

566. The whole Proceedings on an Indictment in the Case of the

KING, on the Prosecution of William JONES, gent. against the Rev. William Davies SHIPLEY, Dean of St. Asaph, for a Seditious Libel, at the Great Session held at Wrexham, for the County of Denbigh, on Monday, September 1, 1783 ; Before the Hon. Lloyd Kenyon, Chief Justice, and the Hon. Daines Barrington, the other Justice of our Lord the King of his Great Session of the County of Denbigh : * At the Assizes at Shrewsbury, on Friday the 6th of August, 1784; Before the Hon. Francis Buller, esq. one of the Justices of his Majesty's Court of King's Bench ;* and in the Court of King's Bench at Westminster, in Michaelmas Term following: 23, 24,

25 GEORGE III. A. D. 1783-1784. [In the year 1733, soon after the conclusion

to be printed, prefixing to it the advertise. of the calamitous war in America, the pub- ment set forth upon the Trial.] lic attention was very warmly and generally turned throughout this country towards the AT the Great Session held at Wrexham, for necessity of a reform in the representation the county of Denbigh, in April 1783, a bill of the people in the House of Commons. of indictment was found against the dean of Several societies were formed in different St. Asaph, to which the defendant pleaded parts of England and Wales for the promo- Not Guilty. At the Great Session held at tion of it; and the duke of Richmond, and Wrexham, for the county of Denbigh, in SepMr. Pitt, the then minister, took the lead in tember 1783, the following proceedings were bringing the subject before parliament.

had : To render this great national object intelli- Mr. Leycester. I am going to move your

gible to the ordinary ranks of the people, lordships upon an affidavit which is now prethe late excellent sir William Jones, then paring, and if your lordships please, in order an eminent barrister in London, and after- to save the time of the Court, I will just state wards one of the Judges of the Supreme the subject of the motion, and the nature of Court of Judicature at Bengal, composed a the affidavit Dialogue between a Scholar and a Farmer, It is a motion that this trial may be put as a vehicle for explaining to common capa- off, upon an affidavit which will soon be precities the great principles of society and go- sented to your lordship:- The purport of the vernment, and for showing the defects in the affidavit is, that a certain body of men, calling representation of the people in the British themselves the Constitutional Society, conParliament. Sir Wm. Jones having married tribute to the expences of defending the dean a sister of the dean of St. Asaph, he became of St. Asaph on this prosecution. That since acquainted with, and interested in this Dia- issue has been joined in this indictment, a

, committee of gentlemen of Flintshire, who dispersed pamphlets to several of the jury, were at that time associated for the object and throughout this neighbourhood, the purof reform, where it was read, and made the port of which is, to bias and influence the subject of a vote of approbation. The minds of the jury upon this prosecution. It court-party on the other hand having made is stated that the person who circulates this a violent attack upon this committee for pamphlet brings it from the Constitutional the countenance thus given to the Dia- Society, and Dr. Brockelsby and Mr. Oldfield, logue, the dean of St. Asaph, considering under whose authority he has acted, are (as he himself expressed it) that the best sworn by the deponent, to the best of his bemeans of justifying the composition, and lief, to be members of that society. Upon those who were attacked for their approba- | the ground of the facts thus disclosed by this tion of it, was to render it public, that the atsidavit

, I am to move your lordships, that world might decide the controversy, sent it this trial may be put off. I need not suggest

to your lordships the great impropriety of cir* Taken in Short-hand by Joseph Gurney, culating a paper of this sort, iending to pre

[ocr errors]

judice the minds of the jury; and if it were pers, of the same tenor and purport as that necessary to cite any authority, a similar. hereunto annexed. practice in the case of the King versus Martha “And this deponent farther saith, that on Gray,* who was indicted for a nuisance, was Saturday last he saw and conversed with the considered as a sufficient ground to put oft said Thomas Blandimer, who declared to this the trial. For these reasons, I move your deponent, that he was sent down from Lonlordships, that the trial may be put off. don, by one Dr. Brockelsby, to attend the

Mr. Price (one of the gentlemen summoned trial of this indictment; and the said Thomas on the special jury) said he had never seen Blandimer, at the same time, shewed to this any such publication as that alluded to by deponent, a letter, or a copy of a letter, from Mr. Leycester.

the said Dr. Brockelsby to the defendant, reMr. Leycester. I beg leave to add to what commending the said Thomas Blandimer to I have already said, that I don't mean to his notice. throw the least imputation upon any of the “ And this deponent farther saith, that the gentlemen of the jury. It is sufficient for the said Thomas Blandimer also declared to this purpose of this motion that these attempts deponent, that one Mr. Oldfield, who, as this have been made.

deponent bath heard and believes, is another

member of the said society, delivered to him The AFFIDAVIT of Mr. Wm. Jones read:

the said Thomas Blandimer, a great number In the Court of Great Session for the County

of such pamphlets or printed papers, for the of Denbigh, the King, on the Prosecu

purpose of distributing the same at this pretion of William Jones, gentleman, against

sent great session to the persons summoned William Davies Shipley, clerk, on an In- dictment; and the said Thomas Blandimer at

to serve as jurors upon the traverse of this indictment for a Misdemeanor.

the same time declared, that he had used his u William Jones, of Ruthin, in the county endeavours to distribute the same accordingof Denbigh, gentleman, maketh oath, and ly; and this deponent submits to this hosaith, that the defendant in this indictment, nourable court, that the obvious and manifest is, as this deponent believes, supported and tendency of the said pamphlets is to bias and assisted in defending the said indictment, by prejudice the minds of the jurors, and to prea certain society of persons, calling themselves vent their coming to hear and give their verthe Society for Constitutional Information, dict on the said traverse with impartiality and that a considerable part of the expence of and indifference between the parties, defending the same, has been, and is, borne “And this deponent farther saith, that by the said society, with the consent and ap- about two months ago, he this deponent reprobation of the said defendant; he this de- ceived from the said Yates, who acts as seponent having seen and conversed on the cretary to the said society, several pamphlets subject with one Yates, who publicly acts as or printed papers, purporting to be published the secretary of the said society, and also, and distributed by the said society, in some with another member of the said society, who of which a list of the members of the said soinformed this deponent that a subscription ciety is contained, and in which list the was carrying on amongst the members of the names of the said Dr. Brockelsby and Mr. said society, for the purpose of assisting and Oldfield are inserted às members thereof. supporting the said defendant in his defence And this deponent saith, that he hath to the said indictment; and this deponent heard, and verily believes, that the said Dr. hath the more reason to believe the said so- Brockelsby and Mr. Oldfield are members of, ciety contribute to the expences of the said or connected with, the said society. defendant in defending this indictment, be

“ WILLIAM JONES." cause this deponent hath seen and read a let- “Sworn in court, this 1st Sept. 1783. ter, signed with and published with the name

“ KENYON." of the said defendant, in several public prints and newspapers, addressed to the said so

[The following is a copy of the printed ciety, which this deponent believes was print- paper alluded to in the foregoing deposition :) ed in such prints and newspapers with the privity of the said defendant, in which letter

" At a Meeting of the Society for CONSTITUthe said defendant expresses himself to be

TIONAL INFORMATION held on Friday, under obligations to the said society for their

August the 1st, 1783. Dr. JEBB (Viceassistance on this occasion.

President) in the chair. “ And this deponent farther saith, That “ As the liberty of the press is an object of since the traverse of this indictment has been the greatest importance, and essential to the at issue, and during the present great session, existence of a free state, and as it is of the a person, who calls himself Thomas Blandi- utmost consequence to the preservation of mer, hath distributed and dispersed through this great privilege, that British juries should the town of Wrexham, and the parts adja- be well acquainted with the powers with cent, a number of pamphlets or printed pa- which the constitution has invested them,

especially in prosecutions for libels: * See this Case referred to, vol. 20, p. 1389. « Resolved, That the two following exVOL. XXI.

3 I

[ocr errors]
« AnteriorContinuar »