1803. ] 
law, but a crime ip, which the very Jury, as a 
part of the public, are themfelves profecutors ; 
it is acrime againft fociety, in which every 
member of that fociety muft feel himfelf inte- 
refted; and thofe who wifely framed the Jaws 
of treafon, and allowed to the accuféd the pri- 
vileges which thefelaws allow, have fhewn them- 
felves fenfible ot this truth, Ifthe facts charged 
in the indictment were true, they certainly 
amounted to High freafon; the only queftion 
for the confideration of the tury was, whether 
they were made out by clear and fatisfactory 
evidence, and whether the evidence brought 
forward was the beft the nature of the thing 
would admit of. Treafon cannot be made 
out by words, it muft be by acts, deeds, or 
writings; this is the ancient principle of 
the law, and ts particularly recognifed by the 
26 Geo. III. on which the indi&ment is 
framed. Parol teftimony of the accufed’s de-. 
clarations may certainly be received, but he 
cannot be convicted without concurrent proof by 
writings or deeds. In the prefent inttance it 
is allowed that Colonel Defpard was prefent at 
feveral mectings, but there is no legitimate 
proof that thefe meetings were held for treafon- 
able purpofes, ftill lefs that he was aware they 
were fo, If he even did know the purpofes of 
the meeting to be treafonable, he did no a& for 
which he could be convicted of Treafon. What 
were the atts to be done by this confpiracy, ac- 
cording to the witnefies—to take the Tower of 
London, without a fingle inftrument of any 
kind.in preparation; to deftroy the King, at- 
tended. by his guards, and in the midft of his 
fubjects, for which purpofe a private foldier was 
to place himfelf centinel over a gun in St. James’s 
Park, load that gun, and fire it at his Majefty 
as he was going to the Parliament Houfe. Are 
duch ridiculous and mad ideas as -thefe to be 
believed, fo asto criminate the prifoner, on the 
evidence of the witneffles who have been ex- 
amined—on the evidence of accomplices? Cer- 
tainly it Js allowed to examine accomplices, and 
their teftimony is entitled to credit where it 
explains a tranfaction which has‘been proved by 
other legal witneffes, but it ought not to be 
received till the ctime has been made out by 
others.” The only witneifes in thiscafe, whofe 
evidence affected the prifoner, were Windfor, 
Blades, Francis, and Emblin. Thefe men con- 
{vired to charge Colonel Defpard with a crime 
which belonged to themfelves, and {uch tefti- 
mony furely ought to have no weight without a 
{ingle fact being otherwife proved, ‘except that 
ot his being merely prefentat the Oakley Arms 
on the 26th of November. Vhe Lord Chief 
Juftice had properly obferved, that the more 
incredible a {tory was the ftronger evidence it 
required. In this cale were fourteen or fitteen 
men met in a cammon tap room, without a gun 
or a pike, or any other inttrument but tobacco 
pipes, and whole exchequer amounted to 15s, $d. 
Men of thelowett orcer of fociety, without mind 
or intelligence, to feize the King, the Bank, the 
Tower, the Members of both Houles cf Parija- 
ment? Is it poffible to believe, that Colonel 
Defpard was mad enough to fay, 1 with my 
Jingle hand will do it” Who was the principal 
Trial of Colonel Defpard, tc. for High Treafon.: 177 
witnefs? Windfor, who it had been faid ftated 
what he knew, from contrition. Was it con- 
trition, after he had delivered the form of the 
oath to Mr. Bonus, that made him ftill frequent 
the meetings, and feduce others into his diaboe 
lical plans. It was the a€tion of the evil fpirit, 
when God permits to feduce mankind, after- 
wards to betray them. Thathe and his fellow 
witneffes had hatched a plot might be true, but 
the Jury would nor eafily believe that a man, 
fuck as Colonel Defpard, a man of mind and 
difcrimination, a man‘who, as afoldier, asa 
commander, had been placed in fituations re- 
quiring the niceft calculations, and moft mature 
judgment, fhould enter into fuch fchemes, or 
rufh into fo wildaconfpiracy- The Jury would 
hear the fervices he performed in company with 
a man whofe name adds luftre to his country— 
Lord Nelfon—fervices which entitled him not 
to the chains he now wears, but to the thanks 
of his King and country, and of the legiflature 
of the colony preferved hy his valour. Mr. 
Beft then went into a detail of the evidence for 
the profecution, pointing out its glaring impro~ 
bability, its contradictions, and particularly the 
fituation and characters of the witnefles, as ftated 
by themfelves. He faid he had an idea of con- 
tradicting their teftimony by witnefles; he 
fhould, however, wave that, leaving to the Jury 
to judge of their evidence from itfelf. But he 
fhould call witneffes to the character of Colonel’ 
Defpard, and atter hearing the teftimonials 
that would be given of his charaeter, he trufted 
the Jury would as eafily believe the {tream 
would flow back to its fource, as he would come 
mit the crime of which he ftood acculed. 
The firf{ witnefs called for the prifoner 
was ‘ 
Lorp Ne.son.—He faid he became ace 
quainted with the prifoner in the year 1779. 
Ke was then a Lieutenant in the Liverpool 
Blues, and his Lordfhip then commanded a 
man of war—they were on the Spanifh main 
together—they ferved together—they were 
“both together in the enemies trenches—they 
flept in the fame tent, and he had an oppor~ 
tinity of Knowing ali his fentiments. He 
wsaloyal man.and abrave officer. If he had 
been aiked his opinion ot Colonel, Defpard, 
he would have faid—‘* If he is itill alive, 
he is an ornament to the Britifh army.’’ 
On crofs~examination, his Lordihip faid, he 
had not feen him fince the year 1780. 
Sir ALurep Crarke faid, he had known 
Colonel Defpard for thirty years; he knew 
that he was much beloved by his brother of- 
ficers, ,ad the whole corps to which he be- 
longed, While he was in the government 
of Jamaica, Colonel Defpard was employed 
6n the Spanifh main, He alwaysconfidered 
him asa loyal fubjeét, and a zeajous officer. 
On crofs examination, he faid 1t was thir 
teen years fince he had feen him. Ha never 
heard that he kept company with the com- 
mon foldiers. 
Sir Evan Nevean faid, he had not 
known Colonel Defpard fince fufpicion fir 
fell upon him ; he knew him officially upon’ 
hf 
