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forming the Jury. Fourteen were chal lenged by the Attorney-General, and thirty-five were challenged on behalf of the prifoners. The following are the names of the Jurors:

George Evans, of Streatham; John Waring, of Barnes; Richard Southby, of Batterfea; Robert Lynton, of Burton; John Prior, of Mortlake; John Baker, of ditto; James Phillips, of ditto; J. Tritton, of Wandfworth; Daniel Langton, of dirto; John Arnold, of Bromley; John Winter, of Leatherhead Bartholomew Chitty, of ditto.

The fame forms obferved in the laft trial having been gone through, Mr. Solicitor General addreffed the Jury on the part of the profecution. It fell to his lot, he faid, to ftate the nature of the charge against the prifoners at the bar, and the outline of the facts he meant to prove. After what had already paffed in that Court, he thought it his duty to make his statement as plain and as concife as poffible. The learned Gentle man then ftated the fame points, with regard to the law and to facts, which will be found in the Attorney-General's fpeech on the former trial.

The first witnefs called was Mr. Stafford, the Chief Clerk of Union Hall, who gave the fame evidence as on the former trial.

Charles Bacon, a Police Officer, who accompanied the laft witnefs, faid, he fearched the prifoner Broughton, and found in his pocket three printed papers. These papers were, first, that beginning with the word "Conftitution," the Oath, and another.

Thomas Wind for was called. His evidence was, in the moft material parts, the fame as he had given on the trial of Colonel Defpard. There was the fanie account of the plan, conftitution, organi. zation, and objects of the affociation, and of the part the different prifoners took in it. In order, therefore, to avoid a ufelefs repetition, we fhall only notice thofe parts of his evidence which bore particuJarly on the prifoners now upon their trial, and which the prefent day's examination brought forward. He faid, it was the prifoner John Francis who firft invited him to unite in a plan to deftroy the whole fyttem of tyranny and the Royal Family; that he gave him the card which was before mentioned, for the purpose of fwearing him, but inftead of killing it, he pretended to kiss it, and returned it that he has fice attended different meetings of thofe affociations, in one of which

the prifoner M-Namara was President, and advifed the focieties often to change their houfes, to avoid detection; in another, which was called the Borough divifion, the prifoner Wratten was Prefident; the prifoner Wood had alfo been extremely active in this bufinefs, and had offered to undertake the atracking his Majefty's carriage in St. James's Park. Thomas Broughton had also been uncommonly active; he had prepared and brought forward many motions, cenftitutions, plans of government, &c.

Thomas Blades, a foldier in the guards, repeated again the fubftance of the evi dence he gave on Monday at Colonel Defpard's trial; he was fworn by the prisoner John Francis, and had feen the prifoners Wood, Wratten, and M.Namara. M'Namara often appeared at the different meetings to represent the Executive Power. Whenever it was fuggefted that any thing was wanting, he appeared to promise it as from authority. Blades alfo mentioned, that Francis, Wood, Tyndall, and two mer, formed a Committee to ftrike out a plan of government, which was to be paffed for the work of an Executive, com pofed of Gentlemen. This witnefs alfo related the propofal of Wood to attack his Majefty on his return from the Parliament House to Buckingham House; the reafon he gave for fixing on this ipot was, that the Horfe Guards left his Majetty at St. James's Palace, and therefore he was but flightly guarded between that and Buckingham Houfe. Wood thought, that with a felect arty of thirty-five men he would be fufficiently prepared for this attempt.

The evidence given by thefe witnesses were confirmed by feveral foldiers of the guards.

At nine o'clock, the proceedings being clofed, Mr. Jekyll, in a pointed, animated, and eloquent fpeech, occupied the attention of the Court and Jury for a confiderable length of time, difcuffing the nature and law of High Treaton, and the evidence given in this cafe as far as applied in any of the most remote ways to the prifoners. He could not suppose that an English Jury would decide on fuch evidence that the prifoners were "probably" attainted. What was the evidence against them? Men who had contefled themselves to be both traitors and liars. The two principal evidences, Windfor and Emblin, were men who were in actual cuftody, and who came there with ropes about their necks, to redeem themselves by criminating others. T 2

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Was it on fuch evidence that an English Jury would take away the lives of their fellow men, and order their hearts to be flung in their faces? He cited the authorities of the Marquis de Beccaria, of Mr. Juftice Holt, and Justice Buller, to fhew how little reliance was to be placed on the evidence of accomplices, and particularly in cafes of High Treason.

The evidence for the defence was then brought forward, which applied itfelf folely to the character of the prifoners. At one o'clock in the morning the whole of the evidence for the prifoners being clofed,

Mr. Hovell, the prifoners' Counfel, addreffed the Jury on the subject of the evidence against the prisoners.

After hearing the Attorney General in reply,

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Lord Ellenborough went over the whole of the evidence correctly, and made many able comments on the various parts of it, distinguishing the cafes of Philips and Smith from the reft, as not being fo decifively made out in point of intention as the reft. His Lordship alfo went over the points of law as they had been mooted at the Bar on the fubject of the evidence of accomplices and fpies, &c. in like manner as he did on the former trial of Colonel Defpard.

Lord Ellenborough's charge lafted from three till fix o'clock, when the Jury retired.

At half past seven the Jury returned a verdict of

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the King to death; to which indictment you have pleaded not guilty, and have put yourselves upon your country; which country has pronounced against youWhat have you to fay, why the Court should not give judgment against you, and each of you, to die, according to law?"

Colonel Defpard." I have only to fay, that the charge brought against me is one which I could not have the most diftant idea of; and since my conviction I have had no opportunity (from my attorney having been fo much engaged with other matter) of confidering what might be offered in arreft of judgment. If the recommendation of the Jury be not attended to, I pray for a fhort delay."

The Court faid nothing in reply; and proclamation being made in the ufual form,

Lord Ellenborough put on his fquare cap, and in a style of awful folemnity highly befitting the melancholy but juft occation, addressed the prisoners nearly to the following purport:

"You, Edward Marcus Defpard! You, John Wood! You, Thomas Broughton! You, John Francis! You, Thomas Newman! You, Daniel Tyndall! You, James Sedgwick Wrattan! You, William Lander! You, Artbur Graham! and you, John M'Namara! have been severally indicted for traitorously confpiring against his Majesty's Perfon, his Crown, and Government, for the purposes of fubverting the fame, and changing the Government of this Realm. To this indictment you have feverally pleaded Not Guilty, and put yourselves for trial upon God and your Country; which Country has found you guilty. After a long, patient, and, I hope, just and impartial, trial, you have been all of you feverally convicted, by a moit refpe&table Jury of your Country, upon the several crimes laid to your charge. In the course of evidence upon your trial, fuch difclofures have been made, as to prove, beyond the poffibility of doubt, that the cbjects of your atrocious, abominable, and traitorous confpiracy, were, to overthrow the Government, and to leize upon and deftroy the facred perfons of our auguft and revered Sovereign, and the illuftrious Branches of his Royal Houle, which fome of you, by the moft folemn

Mr. Knapp, feverally addreffing the prifoners, faid, "You have been indicted for confpiring, compalling, imagining, and intending to bring and put our lord In the courfe of the fumming up it appeared doubtful, whether Thomas Philips could read or write; fo that he might not have known the nature of the tickets. The Attorney General faid, the fact was, that he could neither read nor write, Upon this he was confidered as faved.

+ Doyle had been abandoned by the Counsel for the Profecution on defect of evidence. bond

bond of your oath of allegiance, were pledged, and all of you, as his Majefty's fubjects, were indifpenfably bound, by your duty, to defend; to overthrow that Conftitution, its established freedom, and boafted ufages, which have fo long maintained amongst us that juft and rational equality of rights, and fecurity of property, which have been for fo many ages the envy and admiration of the world, and to erect upon its ruins a wild fyftem of anarchy and bloodshed, having for its object the fubverfion of all property, and the maffacre of its proprietors; the annihilation of all legitimate authority and eftablished order: for fuch must be the import of that promife, held out by the leaders in this atrocious confpiracy, of ample provifion for the families of "thofe heroes who fhould fall in the ftruggle." The more effectually to enfure fuccefs in thofe diabolical machinations, and to encourage those who were to be feduced to their fupport, endeavours have been made by you and your accomplices, to feduce from their allegiance to their Sovereign, the foldiers of his Majefty: endeavours which, though they appear to have been in too many inftances fuccessful, yet are I hope falfely faid to be to that extent which has been stated in evidence. Equally falfe, I hope, has been another affertion, that two-thirds of the inhabitants of this country were ready for a change, and prepared to fupport and adopt fuch meafures as were likely to be molt effectual for obtaining it; a change, by which no less was contemplated, than the fubverfion of all the fources of law, order, and public justice, and the fubftitution of malfacre, anarchy, and all their dire effects. It has, however, pleated that Divine Providence, which has mercifully watched over the fafety of this nation, to defeat your wicked and abominable purpose, by arresting your projes in their dark and dangerous progrefs, and thus averting that danger which your machinations had fufpended over our heads; and by your timely detection, feizure, and fubmittal to pub. lic justice, to afford time for the many thousands of his Majesty's innocent and loyal fubjects, the intended victims of your atrocious and fanguinary purpofe, to escape that danger which fo recently menaced them, and which, I trust, is not yet become too formidable for utter defeat. Happily for the families and the perfons of thousands of your wicked and deluded accomplices, your detection has in time, I hope, terved to avert the cala

mities in which they would have inevitably involved themselves, as well as their innocent fellow-citizens. The vigilance of that Government, unceasingly directed to the public fecurity, was not to be eluded by the dark and myfterious fecrecy under which you endeavoured to mak your wicked defigns; your very endea vours to propagate and promote your projects have been the fources of your defeat; and thus it has happened, that when you imagined your vile purposes to be nearest their completion, they have been fortunately discovered by the very means through which you intended to put them in execution: and thus the intended victims who were on the eve of being involved in all the horrors of your projects, have fresh cause to acknowledge with gratitude the goodness of that allprovident God, who has thus timely, and I hope for ever, put a stop to your diabolical plans.

"As to you, deluded victims of a defperate and abandoned confpiracy, before I conclude the awful talk which remains for me to perform, I wish to say a few words to you on the enormity of those crimes which have brought you to your prefent melancholy and ignominious fituation. And firft, you Edward Marcus Defpard, in whom the dignified pride of birth, the advantages of a liberal edu cation, and the habits of intercourse in that rank in which your conduct was once fo highly honourable, and from whom the teltimony borne of your former conduct, by the honourable companions of your earlier purfuits, adduced in this Court as witnefles for your character, fhould have induced us to expect widely different condu& and principlesHow grofsly have you milapplied and abufed the talents and opportunities which you enjoyed for honourable diftinc tion in fociety; and how have you des graded yourself to the affociation of those unfortunate and wretched companions by whom you are now furrounded, in whofe ignominious fate you to justly fhare, but who are the unhappy victims of your feductive perfuafion and example. I do not with, at this awful moment, to urge any thing to you and the degrading companions by whom you are furrounded, to fharpen the bitterness of your feelings under the ignominy of your fate; but: would moft earnestly and fincerely with to impress your mind, during the fhort period of your remaining life, with a due ienfe of your awful fituation, and of the criminal conduct which has involved you

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in your prefent ignominious fate ; would earnestly entreat you zealously to endeavour to fubdue the callous infenfibility of heart, of which, in an ill-fated moment, you have boafted, and regain that fanative affe&tion of the mind, which may prepare your foul for that falvation, which, by the infinite mercy of God, I befeech of that God you may obtain. "And as to you, other unhappy prifoners, the wretched victims of his feduction and example, to what a dreadful and ignominious fate have you brought your felves, and what forrow and affliction have been entailed upon your wretched families, by the atrocity of your crimes, and your propofed and fanguinary attempts to fubvert that happy Conftitution and Government, under the mild protection of which you might ftill have continued to purfue induftrious avocations, and enjoy with comfort the fruits of your honest and peaceful labours; and the unexampled mildness and merciful tendency of whofe laws you have this day experienced in a long, a patient, a fair, and most impartial trial, before that refpectable and difcerning Jury, who have convicted you on the fulleft and most uncontroverted evidence of your guilt! May the awful and impreffive example of your untimely fate prove a warning to your wicked affociates and accomplices in every quarter of this realm, and induce them to abandon those machinations which have brought you to this difgraceful catastrophe! May they learn to avoid your fate, by cultivating the bleffings of that Conftitution which you have calumniated and endeavoured to fubvert; and, by pursuing their honeft and induftrious avocations, and avoiding political cabals and feditious confpiracies, avoid alfo thofe dreadful contequences in which they themselves would moft probably be amongst the first victims.

"The fame earnest advice that I have just given to your unfortunate Leader and Seducer, I now offer to you, which is, to make the best use of the fhort period of life now remaining, to make your peace with an offended God for your crimes, and feck that mercy in another

life which the fafety and intereft of your fellow-creatures may not fuffer to be extended to you here.

"The only thing now remaining for me is, the painful task of pronouncing against you, and each of you, the awful fentence which the law denounces against your crime; which is, that you, and each of you (here his Lordflip named the prifoners feverally), be taken to the place from whence you came, and from thence you are to be drawn on hurdles to the place of execution, where you are to be hanged by the neck, but not until you are dead; for while you are till living, your bodies are to be taken down, your bowels torn out, and burnt before your faces ! your heads are to be then cut off, and your bodies divided each into four quarters, and your heads and quarters to be then at the King's difpofal; and may the Almighty God have mercy on your fouls."

The whole of this pathetic addrefs was heard with the most profound filence in the Court, and every eye was fuffuted in tears.

Colonel Defpard." Your Lordship will allow me to lay one or two words. Your Lordship has imputed to me the character of being the feducer of these men. I did not fee that any thing of the kind appeared on the trial from any part of the evidence. Of the conduct imputed to me I am utterly incapable."

Loid Ellenborough, feemingly overcome, had laid his head down upon the bench, covering his face with his hands, and remained filent.

Tyndall. I am fatisfied with Mr. Jekyll's exertions, and I humbly thank him for them."

M'Namara " My Lord, I beg to fpeak. I am now under fentence of death, and am foon to quit this world; but may God never receive me, if I ever held any converfation upon politics in the prefence of Windfor !"

They were all removed from the bar and proclamation being made, the Com miffion was diffolved.

This fecond trial lafted exactly twentythree hours.

THEATRICAL JOURNAL.

JANUARY 19.

AT T Drury lane Theatre, Mr. Barrymere, while playing the character of Polydore, in The Orphan, was feized

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with a fudden illness of an alarming nature. Mr. Fearon, a furgeon, of the Adelphi, being called in, gave his opinion, that if Mr. B. perfevered in the performance

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The events which have paffed previous to the opening of the Comedy, and which form the ground-work of the actual bufinefs of the scene, relate to the diftreffes of young Headlong and the Melfords. The former, gay, thoughtless, and extravagant, has, by his diffipation and his fondnels for gaming, reduced himself to the greatest indigence. A rich uncle, offended at his mifconduct, and defpairing of his reformation, had refolved to difinherit him, and he was forced to By from his creditors to Italy. While at Venice, he received letters from his dearest friend, Fairfax, a Barrifter equally celebrated for his profeffional talents and his private virtues, acquainting him that his uncle was dying, containing remittances to enable him immediately to return to London, and urging him to ufe no delay, if he had any hope of a reconciliation. Headlong had been caught with a pretty face that he faw at a masquerade in Venice, and spends his time in trying to trace this incognita through Germany

and France. He at laft reaches his native country, and the action begins the day of his arrival in London. He finds that his uncle is dead. A pious regret is foon fwallowed up in the tranfporting thought that he has entered into poffeflion of an immenfe eftate; but how is he fhocked to hear that Fairfax had fupplanted him? This honeft lawyer had employed Quillet, a rafcally attorney, to draw the baronet's will, and had got himself named fole heir. Headlong, inttead of leading the fashion, is now purfued by bailiffs, who wish to arreft him for fome triling debts, which he has no means in the world to discharge. There are other circumitances alfo to excite our indignation against Fairfax. Major Melford, his near relation, he turns deftitute from his door, though this officer, upon his return home from Italy, found himself robbed of an ample fortune by the infamous Quillet. He alfo refufes to affilt Caroline Melford, the daughter, whom he met as he was fetting out on the melancholy errand to pawn her deceased mother's jewels for the fupport of her father. Among the Dramatis Perfona is Tranfit, a thoughtlefs, good humoured fellow, who knows nothing more of his parentage than that he was born at Bruffels. Him Fairfax had taken under his protection, having promifed in due time to intro. duce him to the author of his being; but he at once cafts him off, and takes meafures to have him thrown into a gaol. It is impoffible for us all along to penetrate into the lawyer's real character. He feems much hurt at the obloquy under which he labours, but talks of nothing but revenge. At last he is fully revenged. He affembles his accufers, and folemnly puts himself upon his trial. Having patiently heard the various charges of perfidy and cruelty preferred against him, he begins his defence, and shows that he had been labouring for the good of thofe who calumniated him. He had anonymously fent Melford a fupply of money to relieve his neceffities till he fhould completely rescue him from the villanies of Quillet. He had arretted Tranfit, to fave him from exposing his life in a duel. He had allowed him. felf to be named heir to the deceased, only to preferve the effate to Headlong, whofe uncle had determined to disinherit him, and would have fubftituted. another, if he had refused,

He

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