he stated to them in general would be high, but what would be the particular expense of it he could not take upon himself to state: he inquired what they wanted this tube for; and you will find, if I am rightly instructed with respect to his evidence, that the answer given to that was, that the purpose for which they wanted it was a secret, and that they could not disclose it to him. : Gentlemen, they applied upon the same day to another person of the name of Bland (the former not being able to supply them with the article that they wanted), who is a brass-founder at No. 40, Shoe-lane, Fleetstreet: there were but two of them that came originally to him, and you will be satisfied that they were Upton and the prisoner. They asked for a tube, for a pattern to make another by after they had asked for this tube, Palmer came in. This witness not being able to supply them, you will find they made another application upon the same day to a person of the name of James Hubbart, who lives in Cock-lane, Snow-hill, and is likewise a brass-founder; he lives in the shop of a person of the name of Michael Barnett, to whom he was apprentice: and upon their addressing a question to him similar to that which they had addressed to the witnesses whose names I have before-mentioned, he referred them to a person of the name of Flint, who is a man in the same shop, and who will likewise be called to you; and he will inform you that they asked him also for a tube; the barrel, I believe, was to be five eighths of an inch in the bore, and about the eighth of an inch in thickness; that they proposed to finish it themselves, if the witness would cast and bore it: the witness told them that he must have a pattern; and then some conversation passed with respect to this pattern. They were very anxious to know, as you will find from his testimony, how long it would be before this barrel could be made: he gave them an answer upon that subject: and you will hear under what circumstances they parted with him. After these applications had been made to these several brass-founders, Upton and Crossfield, the prisoner at the bar, applied to man of the name of Hill, who will likewise be called to you, Palmer being also in the company; and the evidence that Hill will give you is this-that Crossfield produced to him a paper, which I have now in my hand, which contains the model of part of an air-gun; that is to say, it contains a drawing, by which drawing Hill, whose busi ness was that of a turner in wood, was to fabricate the wooden part of the instrument. Hill, you will also find, asked them what they wanted this instrument for: they did not inform him that it was a secret; but they told him that it was for an electrical machine. Gentlemen, this paper will deserve your very particular attention; because I have reason to believe that you will find not only that this paper was delivered by Mr. Crossfield to Hill, but that that part of the writing upon the paper, which states the dimensions of the instrument, is in the hand-writing of Mr. Crossfield. Hill, in consequence of this, following the drawing, turned some of the wooden parts of the model, a part of which I have now in my hand; and which it will be proved to you he carried, according to his orders, to Upton, in whose possession it will be proved that this part of the wooden model was found, as well as the tube, which I have now in my hand. It will be material for you to give your particular attention to these circumstances by-and-by. Gentlemen, besides all this, it will likewise be proved to you, that there was in the possession of Upton another drawing, containing models of the instrument which we have charged in the first part of the indictment was to eject an arrow for the purpose of destroying the king; and when I have to state to you by-and-by the conversations of the prisoner Crossfield which will be proved with respect to the tube and the arrow, and the nature of the instrument, you will see the ma teriality of the circumstances to which I am at present calling your attention. The other paper I have in my hand; and it contains different parts of this intended instrument. There is one part of it, to which you may think your particular attention is due; because, if I prove the circumstances that I have already stated, it will be incumbent upon the prisoner, I apprehend, more particularly after the evidence which I have to offer to you with respect to the intent, to give you some evidence for what purpose sucli an instrument as this was actually constructed. Here is a drawing of the arrow, which is of the form that you may see perhaps by my holding the paper up to you in this manner. It is like a harpoon, and it has this peculiar circumstance about it, that it is so formed, that when it presses against any hard substance the two forks of it compress together, enter into the substance, and there is a hole at the end of it, which would then emit some substance, which it is calculated to hold. Gentlemen of the Jury, it will also be proved by another witness whom I shall have to call, of the name of Cuthbert, that Upton and the prisoner went to him some time in the month of August, 1794, for the purpose of looking at an air-gun that Cuthbert had. Cuthbert appears to have been an acquaintance of Upton's. You will hear from the witness himself what was the conduct of the prisoner at the bar with respect to that air-gun in the possession of Cuthbert: he examined it; he handled it; stated that it would do very well for the purpose; and after a conversation of this sort they left Cuthbert. Gentlemen, it may probably be proved, if it be necessary with respect to the case of this prisoner, that some of these instruments which I have been stating were in the hands of the other parties whose names are upon this record; it is also possible that papers, material to establish the facts alleged against some of these parties, may be thought, according to the course which this cause may take, necessary to be produced in evidence upon this trial; but, without detaining you with respect to the particulars of the evidence which applies to other persons, I think, if I prove the facts that have been already stated as against Mr. Crossfield, and if you shall find that there is distinct evidence of the intention with which he was engaged, in drawing these models, and providing for the fabrication of these instruments, that there can be very little doubt indeed in respect of his case. Gentlemen, when the other parties were apprehended, I have before told you that Mr. Crossfield absconded. I believe I shall be able to prove to your satisfaction by a witness whom I shall have to call to you of the name of Palmer, whose name I have before mentioned, some of the circumstances I am now about to open to your attention, as well as a great many of the circumstances which I have already stated. Mr. Crossfield usually lived in London. The first place in which he hid himself, after this charge was made, was Bristol: he returned afterwards from Bristol to London: and from London he went to Portsmouth, where he engaged himself on board a ship called the Pomona, which was employed in the South Sea Whale fishery. I probably need not mention to you gentlemen that the voyage of a ship, engaged in that commerce, is of a considerable duration--sixteen or eighteen months I believe-being a surgeon, he hired himself at Portsmouth on board that vessel. He went usually by the name of doctor: it will be proved to you by witnesses who come forward in this business under circumstances, that entitle them to great credit, at least so I submit to your consideration, that this vessel sailed from Portsmouth to Falmouth; that during the voyage frem Portsmouth to Falmouth you will find, if I am rightly instructed, with respect to the representations that the mariners on board this vessel have made, Crossfield conducted himself with the greatest decency and propriety; his name however was unknown. They sailed from Falmouth, and after they got out to sea in the progress of their voyage, Mr. Crossfield informed the witnesses who will be called to you who he was. You will hear the account that he gave of himself, the account that he gave of the part, that he had in this transaction, the circumstance of his relating his escape, and his declarations that, if it was known that he was leaving this country in that vessel, the government would probably send a frigate after him, that he states in the most distinct manner, even before the capture of the Pomona, to some of the witnesses that will be called to you, circumstances of his own connexion and transaction in the business, which I have been opening to you, with express and clear and pointed reference to these models, to the tube, to the arrow, and to the other particulars that I have opened. Gentlemen, in the course of the voyage this vessel was taken by a French Corvette, the La Vengeance: she was carried into Brest: you will hear from the witnesses the conversation that passed between them and Mr. Crossfield, when this capture took place: the satisfaction which he expressed that he had got even out of that situation of danger which he conceived himself to be in whilst he was a part of the crew of any English ship: the satisfaction that he had, in having been captured by a French frigate, and taken into that country where he would be safe. You will hear what the whole of his demeanor was whilst he remained on board that French ship which captured him, and when he was in the harbour of Brest. He was first removed, in consequence of conduct, the details of which will be given by the witnesses as connected with this business, from the French Corvette into another vessel called the Elizabeth, which was an English ship, that had been captured by the French, and out of her into another vessel, which was called the Humphries, and there are persons in respectable situations from among the prisoners, that were detained in each of these vessels to state to you evidence which, without detailing it to you particularly, I think can leave, if it is entitled to any credit, no doubt upon your minds that, if Mr. Crossfield was concerned in the fabrication of these instruments, or the drawing of these models, the intent, with which he was concerned in that fabrication and that drawing, was most distinctly the purpose and the intent charged in this indictment, i. e. the intent to kill the king. Gentlemen of the jury, you will not be surprised if you hear from witnesses, whose tes-/ timony will be given to you, that Mr. Crossfield, being carried into Brest under such circumstances as I have stated, was rather in the situation of a superintendant over the English prisoners on behalf of the French, than as a companion with those unfortunate persons who had been captured by the French, and were detained in their prison ships there. I have reason to think that you will also find that it was his project either to remain there or to go into Holland. In a course of time however cartel ships were to come over into this country; with what intention Mr. Crossfield came over into this country it is not for me to examine nor to insinuate. You will collect this yourselves from the testimony which those witnesses will give you; but you will hear circumstances which are remarkable enough-that Mr. Crossfield was constantly in company with the commissary of the French prisoners-that he will appear, according to the testimony of one of the witnesses, to have gone ashore a day or two before these cartel ships left Brest, in order to meet a member or members of the Convention; that shortly before he left that country he took the name of Wilson: that in his own hand-writing he was mustered among the prisoners by the name of Wilson, as having been captured by the La Vengeance, not out of this vessel called the Pomona, but out of a vessel called the Hope; for what purpose he changed his name, or for what purpose he changed the name of the vessel in which he was captured, it will be for you to determine, when you have heard the whole of the evidence. disposed of by the use of a pistol which one of these officers had. Mr. Crossfield was brought up before his majesty's privy council, and he was committed to the Tower, and in consequence of all this additional testimony, which has immediate relation to Mr. Crossfield, but which connects itself with the circumstances which have before been stated with respect to the other prisoners, it became a matter of duty to submit the whole of the case to a grand jury of the country. They found the bill, the prisoner's deliverance upon which is now before you. You have before you a case of great importance. It is a case, which I am sure you will listen to with great attention. I am confident that you will decide it with unimpeachable integrity, and in your verdict, whatever it may be, I hope the country will feel a perfect satisfaction that they have had the case deliberately considered, and honestly decided upon, by the twelve men, to whom I have the honour to address myself. The witnesses will also state to you the circumstances which took place when the I have studiously forborne to mention prisoners were put on board the cartel ships, several circumstances which relate more parand you will see that it was familiar to the ticularly, and more especially to other persons commissary of the French prisoners, that this whose names are upon this record. If I prove man should pass by the name of Wilson, as this case, as I am instructed to say I shall having been captured in the Hope, and that prove it, and if I prove it as I have opened it under that false name he should come over to you, I apprehend there can be no doubt of to this country. Gentlemen, you will also this prisoner's guilt. If that be the result of hear the witnesses inform you that in the the testimony which is given to you, gencourse of the voyage between Brest and this tlemen, though it is a painful duty, it is a duty country, Mr. Crossfield distinctly desired one absolutely incumbent upon me, to ask at your of them, the only one I believe who was in hands, on the behalf of the country, the the vessel in which he came over, not to verdict of GUILTY. On the other hand, if state his name, and not to state those circum- you are not satisfied that the offence of stances of conduct and the declarations which high treason according to the statute, is had taken place whilst he and that witness proved by evidence according to law, against were detained together in the harbour of Brest. the prisoner, certainly you do no more in that They landed I think at Fowey in Cornwall, in case, than your duty to your country requires, the neighbourhood of Mevagissy. Some of in acquitting the prisoner. these seamen, the witnesses, who are persons in respectable situations on board ships, mates and officers, thought it their duty, under a very different impression with respect to Mr. Crossfield's conduct, than perhaps that which they might have had if they had known what had been passing in this country, but yet under an extremely serious impression in their minds, to go instantly to a magistrate to inform him what had passed in France, with respect to the conduct of this person. In consequence of that charge made by persons, who knew nothing of what had been passing in this country, except so far as the circumstances that had been passing in this country had been related by the prisoner himself, the prisoner was apprehended; being apprehended, it will be in evidence before you that, as he went before the magistrate from Fowey or Mevagissy to the county gaol, that he intimated to the persons who were conducting him there, that it might be for their interest to permit him to escape: he stated to them that a sum of five shillings was all that they could expect for the execution of the duty, which they were then upon that he had the means of giving them much more. These persons will state to you the whole of the conversation which passed, and on the suggestion I think of one of them that the plan would not answer the purpose of Mr. Crossfield, because the driver would still be to be disposed of, and asking the question what would become of the post boy, the answer given to that was that the post boy might be Lord Chief Justice Eyre.-Mr. Attorney General you do not open any particular conversation upon the point of connexion of this instrument with the use that you suppose was meant to be made of it; if you in your judgment conceive that the conversation that did pass will support that connexion, I shall be so perfectly satisfied with that declaration, that I think we may go on; if it were otherwise, an observation would occur upon the case as you have opened it. Mr. Attorney General.-I will state why I did not mention the particulars of the conversation, I think it is better the witnesses should state the conversation in their own way of stating it, than that counsel should undertake to make a representation of it; I understand myself to be pledged to the Court, to this, that the conversation was the most direct that can possibly be stated for the purpose of proving an intention as connected with the instrument. Lord Chief Justice Eyre.-I am perfectly satisfied with that declaration. Mr. Attorney General.-Yet if the Court think it the better way that I should state in detail the conversation, I am perfectly ready to do it. "Damn me I was the ringleader of the three that intended to blow a dart at his majesty." Lord Chief Justice Eyre.-You have said quite enough for my satisfaction. Mr. Attorney General. My reason for not stating the particulars of the conversation which this man had with each of the witnesses, was this, and no other; I could have represented generally the nature of the conversation, but I have collected an opinion in which I may be wrong, that it is more just towards the prisoner, after generally stating to a jury that conversations were held of such and such an effect, to leave the detail of the particulars to the witnesses, that the witnesses' account of it may make the due impression upon the mind of the jury, rather than to make a representation myself, where if I happen to be mistaken, I may create a prejudice in the minds of the jury. EVIDENCE FOR THE CROWN. John Dowding sworn.-Examined by Mr. Law. In the month of September, 1794, where did you live and work?—I worked with Mr. Penton, in New-street-square, No. 32. What is Mr. Penton's 'business?-A brassfounder. Do you remember being in his employment on the 8th of September, 1794?-Perfectly well. told them I could not, as my master was not within; then I showed them a piece of a tube. Mr. Law.-Was that the piece of tube you showed them? [showing the witness a brass tube]. Witness. It was a piece of a similar size; they said that would do if it was smaller inside, that it was of the right size the outside, but it must be thicker, and then the bore would be less. Did you ask what it was for?--I did not then; they asked me then if I could not tell them nearly what the price would be; I told them no, I could not, because it was an outof-the-way job, and I must make tools on purpose to make it; that I must make a tool to draw it on, to make it smooth inside. Did you ask them what was to be the use of it? --I told them if they would tell me the use of it, I could be a better judge how to make it, and, perhaps, could make it better for their use; they answered it was a secret; it was Upton made answer it was a secret, and the others seemed to agree with him, they all seemed to be in one voice, saying that it was a secret. Did you undertake the job?—I did not. Did you give any reason why you would not undertake it ?-Yes. When I was talking of making things for it, he asked me if I knew what the price of it would be, I said I could not tell the price of it. Relate what more passed when you were present?-When they asked me about the price, I told them it was rather an out-of-theDo you recollect on that day any men way job, and that to make it quite parallel in coming to his house who were not known to the inside, I must make tools on purpose to you? I was called down on the 8th of Sep-make it; they asked me how much the extember, by the clerk; when I came down into the counting-house, there were three men standing there. Do you recollect any thing particular of the person of one of them?-One of them was a lame man. Did you see that man afterwards so as to enable you now to say who that lame man was? Yes. Who was that lame man?-Upton; one of the others was a tall man. Do you now know who the other two men were?-Not to my knowledge. If you saw them again should you recollect them?-I cannot say. What did they ask you for?-When I came into the counting-house they asked me if I could make them a tube; I asked them what sort of a tube; they said it was to be three feet long, the eighth of an inch thick, fiveeighths of an inch inside the bore, and to be seven eighths the outside; it was to be quite perfect, and the inside was to be quite a smooth cylinder. Did you, upon that, show them any part of a tube?-I asked them what sort of a tube it was to be; they asked me what the price would be; I told them I could not tell; they asked me if I could tell to a few shillings; I pense would be; I told them I could not tell; they asked me if I could not tell to a few shillings, I said I could not, that my master was not within, and I was very busy myself; I told them at last that it was a job not worth while undertaking as I was quite busy; I told them then as I said before, that if they would tell me the use of it. I could be a better judge how to make it, and, perhaps, could make it better for their use; they answered me it was a secret. Then they produced a piece of tube that they had bought before at our house, and had some money returned, which was, I think ten-pence; the money was returned to Upton. Whom did they deliver that back to?-To me; but the clerk returned the money. What is his name?-Mason; but he is not in our service now; it was such a bit of tube as this, it was of the same size. Did they all seem to be concerned in the same business? They appeared to be of the same sort. You stated, that what one said, the rest assented to?—Yes; they seemed to be the same company; what one said the others stood to; but as to taking my oath to the people I can. not, if I was to see them perhaps. What passed after returning the tube?Nothing else passed, they went away. John Dowding cross-examined by Mr. Adam. This you say passed on the 8th of September, 1794?-Yes; our books will show it. Three persons came together?-They were together when I came down; I cannot say whether they came together into the counting-house. The only one of these whom you can speak to positively is Upton?-I never saw any of the rest. You never saw any of the others either before or since?-Upton I have seen since. I can swear to him. But the two others you had not seen before nor since?-Not to my knowledge. You talk of a tube which they had got at your house being brought back, and ten-pence being returned to them; what do you mean by that? do you mean the same three persons?-There was but one person returned it, all three could not join hand in hand. Were all the three persons together, at the time of returning it?-They were as close as I am to this gentleman next me. When did they get the tube that they returned?-I cannot say. How can you tell that they they got that at your house?-The clerk returned the money to them. You cannot say any thing of your own knowledge, about the tube that was returned? There was a tube got from your house ?-Yes; or we should not have returned the money to them. Got by Upton?—I cannot say which of them got it. The money was returned at that time?-It was. You say Upton was the person who spoke ? -He was the person that spoke the most, the rest joining sometimes. Do you recollect any thing particularly that Upton said?—He was the person who spoke to me when I came down, and asked me if I could make a piece of tube. Then you discoursed about the price of it? -Not then, it was afterwards. Did you ask any particular price?—I asked no price at all. Did you say it would be a thing of great cost? I said it would be expensive. When they asked how much expense, did you say how much?—No. Then you gave them no idea of whether it would cost them a guinea, five guineas, or ten guineas?-Being a journeyman I could not tell. The discussion about the price was quite general?—Yes. Can you swear, positively, that these persons were present during the whole conversation between you and Upton?-I can swear positively, that there were three in the room all the time. Are there not women employed in your house in lacquering brass?-There are. Does the operation of lacquering brass go on in the same place, or in an adjoining one? - In the same house. In the same apartment?-Not in the same room. Therefore, if any of these persons went to a woman that was lacquering brass, of course they must have been in a different apartment from that in which the conversation is supposed to have passed with you?-They did not go out while I talked with them, they might before I came down ; to my knowledge they did not; I did not see any of them go there. You cannot speak to the persons of the other two, you never saw them before?—Not to my knowledge. Nor since ?Not to my knowledge. And the thing went off entirely upon your saying, it could not be done but at some certain expense?-Yes. Of the three, Upton was the person who spoke most?—Yes. I think you said, that when it was told you it was a secret, it came from Upton's voice?— I did not hear them all, but I can swear Upton said that; but they were all just together. The two other persons did not say any thing that you can charge your memory with? -No, I cannot. Did they say any thing about its being a secret?-It was just as they were going away it was said it was a secret. And its being a secret came from Upton's voice, and not from either of the others?-I cannot swear to any other person's voice, they all seemed to join together, but Upton's voice I heard in particular.-As for the other voices I cannot tell. Joseph Flint sworn.-Examined by Mr. Garrow. You are, I believe, a brass-founder, in Cock Lane, Snow Hill?—Yes. Do you remember being applied to, in the month of September, 1794, to attend any persons in respect to a brass tube that was wanted? I do. Can you recollect what day of the month it was?-No. What day of the week?-No. Do you recollect what hour of the day?— It was some time after dinner, I believe. Do you remember in what part of the month the anniversary of his majesty's coronation falls?--On the 22d of September. Was it before or after the 22d of September?-Being called in January, 1795, I made an inquiry among the men. Mr. Garrow. Do not tell us any thing that is the mere effect of information from others. But have you, after an inquiry, been able to satisfy your own mind in what part of the month it was ?-Not at all. What time of the day was it?--I believe immediately after dinner. You were called by your servant to attend |