178 Trial of Colonel Defpard, 
his return from Jamaica. He brought home 
with him fuch teftimonies that it was im- 
poflible to doubt his charaéter. 
Mr-Garney then addreffed the jury for 
the prifoner, and Mr, Solicitor-general for 
the crown. 
Lord Chief Juftice Ellenborough then des 
livered a eharge to the jury. He ftated the 
mature of the crime charged in the ind&- 
ment. Heobferved, on the remark of Mr. 
Serjeant Beit, that words alone did not con- 
fHitute treafon, that certainly this was true, 
if the words were ufelefs and inapplicable to 
any purpofe that indicated a particular de- 
fign; but words uttered with a-defign ‘te 
perfuade or incite others to commit treafon 
were undoubtedly in themfelves overt atts 
of treafon. Another point that had been 
frongly urged was, that the jury ought not 
to attend to the evidence of accomplices; 
that an accomplice could be a witnefs was a 
propofition notto be denied; but certainly 
the evidence of accomplices was always to 
be received with great caution and cenfide- 
ration. In this cafe, fome of the witneffes 
were, to a certain extent, fullied, but not all 
in an equal degree; and thofe who ftood in 
the moft unfavourable light mmght even de- 
ferve credit from the cijearnefs and confiften- 
cy of their own narration, and fti]l more 
when they were. confirmed by others, and, 
by external circumftances. His Lordfhip then 
recapitulated the evidence, making remarks 
on itas he went along. Having finifhed, he 
obferved, that it was admitted that the pri- 
foner was at the places, meetings, and con- 
fultations mentioned ig the indi€tment; and 
it was proved, that what there took place 
amounted to the crime of treafon. Under 
thefe circumflances, if he was not a traitor, 
his Lordfhip did not know who was. The 
evidence refted, it is true, principally on ac- 
complices, and, in every crime of this na- 
ture, this muft neceffarily de the cafe, and 
their evidence was, in fome points, confirm- 
ed by untarnifhed. witneffes, particularly the 
landlady of the Flying-horfe, who had over- 
heard part of the converfation. There were, 
in fome of the evidence, a few flips, but al- 
moft all the materiai points were confirmed. 
For what purpofe could a perfon, in the 
prifoner’s rank and iituation in life, affoci- 
ate with the others? If he wae not a par- 
taker in the confpiracy, whicn was proved 
and admitted did exif, for what purpofe 
did he meet the con[pirators, or attend their 
confultations? He had offered no evidence 
to fhew that he endeavoured to diffuade the 
con{pirators from their purpofe; and it was 
for the jury to draw thetr inference on his 
being found there in fuch fufpicious circum- 
ances. With regard to the character given 
of the prifoner by Lord Nelfon, General 
Clarke, and Sir Evan Nepean, certainly no 
_man could havea bettér charafter than he, at 
one time, polieffed; but the evidence of thefe 
honourable perfons had no relation whatever 
t© the latter pait of the prifoner’s life. Hav- 
&e. for igh Treafon. [March 1, 
ing made thefe obfervations, he left the 
whole to the jury. . 
The jury having retired for about forty 
minutes, returned a verdiét cuinty, but 
moit earneftly recommended the prifoner to 
mercy, on account of the high teftimonials 
ofhis chara&er, conduét, and public fer- 
VICES. 
On Wednefday, February g, the other. 
twelve prifoners were tried on the fame ins 
diéiment, and the fame ehain of evidence. 
was produced. The jury found J. Wood, 
T. Broughton, J. Francis, Ts Newman, D. 
Tyndal, J. S. Wrattan, W. Lander, A. Grae 
ham, and J.. Macnamara, cuirty; T, 
Phillips and S. Smith noy cuinty. ‘The 
charge againft J. Doyle was abandoned in 
the courfe of the trial. Lander, Tyndal, and 
Newman were moft earneftly recommended 
to mercy. 
Colonel Defpard being then put to the bar 
along with the other conviéts, Lord Ellen- 
borough, after a folemn admonition, pafled 
fentence on them, as in cafes of high trea- 
fon, namely, to be drawn on a hurdle to the. 
place of execution, and there hanged by the. 
neck, but not tillthey be dead, but be taken, 
down alive, and- their heads fevered from 
their bodies, their bowels to be taken out, 
"‘&e. 
During the whole of the trials, the beha- 
viour of the prifoners was becoming and 
firm. As toColonel Defpard, in particular, 
from the time of his commitment, durin 
his long trial (of eighteen hours) and till the 
very moment of his death, he not only never 
betrayed the leaft fear or agitation, but pre- 
ferved his equanimity and cheerfulnefs. He 
never defifted from his ufual ftudies, which, 
were thofe of philofophy and ference. In 
his daily interviews with Mrs. Defpard, 
who likewife behaved with heroic fortitude, 
their converfation was in their ufual ftyle of 
livelinefs, He moft folemaly and repeated- 
ly declared, that the. principal matters 
{worn againft him were totally falfe; that’ 
he never attempted to feduce any foldier or 
other perfon; that he never affered to admi- 
nifter an unlawful oath to Francis, or to any 
other perfon whatever—was never prefent 
when any fuch cath was adminiftered ; that 
he did not make ufe of the expreffions 
fworn to, namely, that the King muft dic ; 
bis heart was callous; that he would him- 
felf attack the King, &c. and, laftly, that, fo 
far from being the leader of a confpiracy, 
his great view in attending any meeting fand © 
he attended juft four) was to reprefs the vi- 
olence of the foldiers in particular. He had 
little expeG&tation from the recommendation 
to mercy, but, in juftice to himfelt, he pre 
fented a petition to the King, a copy of 
which he fent to Lord Nelfon, who intereft- 
ed himfelf much in his behalf, bgt without 
effe€t. During his confinement, the chaplain 
of the prifon waited on him repeatedly, of 
fering hrs fpiritual aid, which was, however,” 
always politively, but politely, declined: - 
Oa 
Se ee ee ee 
