wt 
1803.] be TIML of COLNGE Logi pGRG,, Keay TR aah freee 
in an earlier ftage of the Reporter’s 
public practice, was*conftantly obtruding 
upon his view, and awakening his folici- 
tude and attention. 
To what fuch an alteration of circum- 
flances may be owing, cannot exactly be 
afeertained; but it is not impoffible 
that it may, in part, originate from 
the recent ftate of the atmofphere in 
London, 
. . Two very extraordinary and melan- 
choly inftances of abfolute farvation have 
gccuired during the Jaft month: the 
grey ie 
iy 
impoverifhed and emaciated victims feem- 
ed to be nearly infenfible. | 
It is a favourable and unalterable de- 
cree of nature, that extreme wretchedne(s | 
muft, in no long time, terminate in death, 
derangement, or torpidity. Wwe 
Senlation cannot be wounded, for any 
confiuerable period, without heing alto- 
gether ceftroyed. Tt is a Jaw which kindly 
limits the poffible degree in the extenfion 
of human calamity. — « J. Rew. 
35, Loft fireet, Red Lion fquare, 
Feb. 22.1803. 
‘ 
$< en 
Sat] 
STATE OF PUBLIC AFFAIRS, 
: dn February, 1803. 
Sea aeeeeel 
HE principal domeftic occurrence of this 
month has been the trial and execution of 
Cor. Enwarp Marcus DEsSPaRD and 
ethers, againft whom a bill of indi¢tment for 
High Treafon was found by the Grand Jury, 
under a Special Commiffion, at the Seffjons 
Houfe in the Borough, on the 20th of Febru- 
ary, as {tated in the Monthly Magazine for laft 
month. 
On Saturday, the sth of February, the Ccm- 
miffioners, Lord Chief Juftice Ellenborough, 
Judges Thomfon, Le Blanc, Chambre, &c. 
went in proceffion, attended by the Sheriff of 
Sorry, his officers, &c. to the Court Houfe, 
where the prifoners, Edward Marcus Defpard, 
William Lander, Samuel Smith, John Mac- 
namara, John Wood, Thomas Newman, James 
Sedgwick Wratten, John Francis, Thomas 
Phillips, Thomas Broughton, and Daniel Tyn- 
dal, were put to the bar; and the indictment 
having been read over by Mr. Knapp, Clerk 
of the Arraigns, they were feverally arraign- 
ed and pleaded—Nor Guizity. Colonel 
Defpard, upon “being afked the ufual quef- 
tion—“ How will you be tried ?’’—faid, he 
thought’ that matter had been already {fettled, 
Being, however, acguainted by his Solicitor of 
the form, he replied ‘* By Ged and my Coun- 
trys’? He then addrefled the Court, faying, he 
hoped they would not impute the miftake he 
had made to any difrefpect. Unaccuftomed to 
attend Courts of Criminal Juftice, and unac- 
quainted with their forms of procedure, he 
thought it extraordinary that he fhould have 
been afked how he would be tried, which he 
underftood was fettled by the profecutor. Lord 
Ellenborough affured him that the Court would 
put no unfavourable conftruction on his aniwer. 
On Monday the 7th, the trial of Colonel 
_ Defpard took place, when there appeared as 
Counfel for the Crown his Majefty’s Attorney 
and Solicitor General, Mr- Serjeant Shepherd, 
Mefirs, Garrow, Plumer, Silvefter, Wood, and 
Abbot; and for the Prifoner Mr. Serjeant Bett 
and Mr. Gurney. . 
The jury being chofen, Mr. Abbot opened 
the pleadings, with a ftatement of the charges 
intheindittment. It confifted of three counts, 
each containing eight overt acts committed—1« 
With the intention to compafs and imagine the 
death of the King.—2. To reftrain and impri- 
fon his perfon.—And 3. To dethrone him from 
the ftile and title of the Imperial Crown of this 
realma 
The Attorney General then rofe and addrefled 
the Jury at great length and with much clos 
quence on the fubjeét of the prefent prefecution, 
After fome introdu€tory remarks on the im- 
portance of this cafe, both tothe prifoner and 
the public, he obferved that the crime, if 
proved, called down the higheft punifhment of 
the law; while on the other hand its malignitys 
intead of making the charge operate to the 
difadvantage of the prifoner, or raifing any pre- 
judice againft him, ought rather to raife a pre- 
fumption in his favour, and confirm that grand 
principle of the Englith law, that cvery man is 
to be held innocentuntil proved guilty. Treafon 
(faid he) is a crime at which every feeling mind 
revolts, and which, above all others, roufes our 
indignation and abhorrence, on which account, 
and alfo to prevent any idea of the weight of 
Government being exerted oppreflively againft 
the fubject, many cavtions and guards had 
been placed round the trial of this crime; the 
accufed was entitled to various privileges which 
were enjoyed in no other cafe of capital crimes. 
In the prefent cale there were three counts in 
the indiétment, charging the acts to have been 
done with three feveral intentions; firft, in 
order to compafs and imagine the death of the 
King; that count was Jaid on the old ftatute of 
Edward If. The fecond:and third counts 
were framed on atts recently paiied, by which 
the intention (manifefted by an overt act) to Jay 
any reftraint on the King’s perfon, or depofe him 
from his royal authority, is made a fub{tant:ve 
actof Treafon. Thefe laft aéts were, in fact, 
explanatory of the former law, and wifely made 
to prevent any mifconftruction or difficulty on 
thefe points. Of the overt aétsin the indict- 
ment, fcur charge the feduction of his Majefty’s 
troops, for the purpofe of affaffinating, impri- 
foning, and dethroning.the King, and the 
remainder charge actual plans for the accoms 
plifhment of thefe purpofes. 
3 M 
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