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Trial of Francis Willis,

[616 gentlemen that served

upon the jury yester- | labourer, for that he not having the fear of day, may be sworn now.

God before his eyes, but being moved and L.C.T. (Parker.) You bave a right to chal- seduced by the instigation of the devil

, &c. lenge five-and-thirty peremptorily, without (prout in the indictment, mutatis mutandis), shewing cause; and as many more as you can against the peace of our sovereign lady the shew good cause against. If any of the jury queen, her crown and dignity, and against that served yesterday appear now, it will be a the form of the statute io that case made and proper time to take the exception.

provided. Upon this indictment he has been Mr. Darnell. My lord, I take it, the pri- arraigned, and thereunto hath pleaded Not soner's intent by this motion, is to save the time Guilty, and for his trial hath put bimself of the Court. He does not intend to make any upon God and his couotry, which country challenges, but to the jury of yesterday, whom you are. Your charge is to enquire, whether he conceives, in some measure, to have de he be guilty of the high-treason whereof be clared their opinions upon the fact already ; stands indicted, in manner and form as be and therefore desires the clerk may pass over stands indicted, or Not Guilty. If you find their names as they stand upon

the pannel. him Guilty, you are to enquire wbat goods L. C. J. Let it be so.

and chattels, lands and tenements, he had at Cl. of Arr. Thomas Nicholls, esq.--(Who the time of the bigh-treason committed, or at appeared.)

any time sithence. If you find bim Not Cl. of Arr. Hold Mr. Nicholls the book.- Guilty, you are to enquire whether be Aed You shall well and truly try, and true deli- for it: if you find that he fled for it, you are verance make between our sovereign lady the to enquire of his goods and chattels, lands and queen, and the prisoner at the bar whom you tenements, as if you had found bim Guilty. sball bare in charge, and a true verdict give if you find him Not Guilty, nor that be Red according to your evidence. So help you God. for it, you are to say so, and no more, and

Cl. of Arr. Joseph Spencer.-(He appeared, hear your evidence. and was sworn.)

Mr. Thompson. May it please your lordship, In like manner the other ten gentlemen ap- and you gentlemen of the jury, Francis Willis, peared, and were sworn, whose names follow : the prisoner at the bar, stands indicted, for that JURY.

he, not having the fear of God before his eyes, Thomas Nicholls, esq. William Breakspear,

but being moved by the instigation of the devil

, Joseph Spencer, Charles Gardner,

and designing to withdraw the cordial love and John Parsons, Richard Hazzard,

natural obedience, which true and faithful subWilliam Hargrave, Samuel Brown,

jects of our sovereign lady the queen do and John Mills, Francis Higgins,

ought to bear towards her, and intending to disThomas Phillips, Daniel Browne.

turb the peace and common tranquillity of this

kingdom, on the first of March last, in the paCl. of Arr. Cryer, count these. Thomas rish of St. Andrew, Holborn, in the county of Nicholls.

Middlesex, traitorously compassed and imaCryer. One, (and so of the rest.)

gined to levy war, and stir up rebellion and inCl. of Arr. Daniel Browne.

surrection agaiust our said lady the queen withCryer. Twelve good men and true, stand in this kingdom: and that he might accomtogether, and bear your evidence.- Are you plish his said traitorous imaginations and de. all sworn, gentlemen ?

sigps, on the said first of March, and in the said Cl. of Arr. Cryer, make proclamation. parish being assembled, with a multitude and

Cryer. O Yes! If any one can inform my great number of people, armed and arrayed in lords the queen's justices, the queen's ser- a warlike manner, he did then and there unjeant, the queen's attorney-general, or this lawfully and traitorously levy war against our inquest now to be taken, of the high treason said lady the queen, contrary to the duty of his of which the prisoner at the bar stands in- allegiance, against the peace of our said lady dicted, let them come forth, and they shall be the queen, her crown and dignity.- To this heard, for now the prisoner stands at the lodictment he has pleaded Not Guilty.-Gen. bar upon bis deliverance; and all others that tlemen, we shall call the evidence for the queen, are bound by recognizance to give evidence and if they prove the charge, as laid in the against the prisoner at the bar, let them come Indictment, we doubt not but you will find him forth, and give their evidence, or else they Guilty. forfeit their recognizance. And all jurymen Ati. Gen. My lord, the prisoner at the bar of Middlesex that have appeared and are not stands charged by this indictment for being one sworn, may, depart the Court for this time, of those wicked rebellious persons, that had so and give their attendance here again to-morrow little concern for her majesty, and his fellowmorning

subjects, that upon the first day of March last, Cl. of Arr. Francis Willis, hold up thy be assembled with a great number of other sehand.-(Which he did.) Gentlemen of the ditious and rebellious persons, to the disturbjury, look upon the prisoner, and hearken to ance of the peace of tbe queen, and her subhis cause.

He stands indicted by the name of jects. It is surprising to consider, that under Francis Willis, late of the parish of St. the reign of a prince, so good as her majesty, Andrew, Holborn, in the county of Middlesex, any should be found so wicked as to be liable

to be charged with such a crime as this: when Sol. Gen. Were there any others pulled the courts are open and free, to punish any down? that offend against the laws of the land, that it Tolboy. I have been informed so; but I do should be thought necessary for such a num- not know myself. ber of people to get together, to do what is the Mr. Darnell. Was the talk particularly duty of the magistrate, and for them to take about Mr. Burgess's, or were any others men. upon them to punish offenders: but we know tioned ? there are some that would bring all things into Tolboy. Mr. Brirgess's was mentioned; I do confusion, and the way to do it, is to proceed in not remember any other mentioned. this manner. It is not difficult, indeed, to know L. C. J. You say no other was named. what the designs of tbese people were; you | Was there any discourse of meeting-houses in will hear it was pretended to be a design to pull general ? down the meeting-houses, that is, the houses of Tolboy. I do not remember any but bis menthose people that are unhappy enough to dis- tioned. Some said, we will go presently, and sent from the Church. We shall shew that this pull down Dr. Burgess's meeting-house; was a design formed before, and resolved to be others were for deferring it till the morrow executed the first of March : that it was re- night; and others, till the event of the Doctor's solved by a great number of people met at the trial. Temple, tbat the night following they would

Then John Lunt was sworn. destroy the meeting houses thereabout: that in execution of this design, there were, in several Att. Gen. Look upon the prisoner, and tell parts of this county, great numbers got toge- us if you know him. ther, and that they did make assaults on divers Lunt. My lord, I stood within my own door of her majesty's subjects, and did pull down in Kirby-street, that night that the mob was, many meeting- houses, gut them, as they call and about eleven at night, he came over-against it , aud bring the materials to their fires, and my door, and spoke these words, They made there destroy them. We shall shew that this me captain of a party to-night. man was not only at one, but at several of these Mr. Darnell. "My lord, I must object against bonfires ; that he was there not as a spectator, his giving in evidence what the prisoner told but active, and bad the vanity to be a captain of him. the mob; that he had got a curtain belonging Sol. Gen. Surely it is evidence what a man to the meeting-house in Fetter-lane, that he says. put it upon a pole, and carried it at the head of Att. Gen. You say you know him ; do you the mob; that he came from that place to ano- remember you saw him on Wednesday, the ther fire in Hatton-garden, and was active in first of March last? throwing the timber into the fire there. Wben Lunt. I forgot the night: it was the nigbt we have proved this fact upon him, that he was the meeting-house was pulled down in Hattonconcerned in this manuer, your lordship will garden. direct the gentlemen of the jury, that this Att. Gen. Did you see bim alone, or were meeting togetber with force, to work a refor- there others with bim ? tation in the state, in order to pull down the Lunt. He came right against my door, and meeting-houses, that this will amount to levy- nobody spoke to him as I saw; but he said, ing war, and high treason, as it is laid in the They had made bim captain of a party that

night. Sol. Gen. My lord, the charge in the indict- Att. Gen. Stay, we will call another first. ment has been fully opened, I shall only call Then William Grove was sworn. the witnesses ; and if we prove the fact, I take it to be clear, that it is levying war within the Att. Gen. Pray, acquaint my lord, and the statate of the 25th of Edward the third. jury, whether you saw the prisoner the first of

March last.
Then Thomas Tolboy was sworn.

Grove. I never saw him till that night. I Sol. Gen. Pray acquaint my lord, and the saw him with a long pole, and a curtain upon jury, what you know of any design to pull it

, and he cried out A High-Church standard ! down the meeting-houses.

He stopped several coaches, and got money Tolboy. My lord,

as I went through the from them, and made them cry, High-Church. Temple, on Tuesday the 28th of February, But to swear that this is the man, I cannot. saw there a great mob, a great many thousands, Att. Gen. How many were there together ? and I heard them consult of demolishing Mr.

Grove. Five or six hundred. Burgess's meeting-house.

Att. Gen. Was there any thing like colours Sol

. Gen. What was the occasion of their before then ? being at the Temple ?

Grove. Yes, there was a curtain, and he Tolboy. Tbey came with Dr. Sacheverell's that carried it, cried, High. Church standard ! coach bome from Westminster.

He stopped many coaches, and got money from Sol. Gen. When was this to be done? them, and made them cry, High-Church. Tolboy. It was to be done the next night. Sol. Gen. Wbence did he bring it?

Sol. Gen. You beard this discourse among Grove. From Mr. Bradbury's meeting, in them ; was Mr. Burgess's meeting-house pull Fetter-lane. ed down the next night?-Tolboy. Yes.

indictment.

Sol. Gen. Did he carry it nowhere else? Mr. Darnell. Was it a laced liat, or a plain

Grove. I saw it nowhere but at the fire at one ?-Grove. I cannot tell indeed. Holborn.

Mr. Darnell. You say you looked bard at Sol. Gen. Was there any fire in Hatton- bim? garden?

Grove. Yes ; but I never minded his bat. Grove. Yes, there were three.

Sol. Gen. You heard people say, the curtain Sol. Ger. What were they made of? was taken out of Mr. Bradbury's meeting :

Grove. Of the materials of Mr. Taylor's who were they that said so ? The people that meeting-house.

were concerned in the fire, or them that stood Sol. Gen. Do you know of any others that by ?-Grode. Them that stood by, as ) might. were palled down?

L. C. Baron. You say you went to New. Grove. Yes, Mr. Burgess's.

gate shortly after this, to see tbis man? Sol. Gen. Do you know of any others ? Grove. Yes, my lord.

Grove. I have heard of others, but do not L. C. Baron. And the man that you saw koow them.

there, do you believe, or do you not, to be the Att. Gen. After Willis was taken, you went prisoner at the bar ? to Newgate ; now give an account, did you Grove. Yes, I do believe it was. make any particular observations at the time Mr. Darnell. Are you positive this is the you saw the man display the banner ? Did you man ?-Grode. No, I am not. take any notice of him?-Grove. Yes.

L. C. J. When you went to Newgate, the Att. Gen. What did you take notice of him? man that you saw ibere, did you believe bim

Grove. I took such notice, that I thought I to be the person that you saw displaying the should know him again.

colours ? ---Grove. Yes, I did. Alt. Gen. Now, did you go to Newgate to L. C. J. How long was that after you saw see him ?

him at the fire?-Grode. About ten days. Grove. Yes; but the place was dark, and L. C. Baron. Pray, what makes you less bis clothes and wig were altered.

knowing, or believing now, than you was then? Att. Gen. What did you think of the man Grove. My lord, his clothes are altered, and you saw in Newgate ?

he has another wig on. Grove. I did think it was the same man. Mr. Darnell. Pray tell us any one thing you

Att. Gen. Now look at him, and see whe- had, to know this man by ? ther this is the same you saw in Newgate ? Grove. No other instance, but that he flou.

Grove. His clothes were so much altered, risbed the colours. that I cannot tell.

Mr. Darnell. Do you know the colour of Att. Gen. Tell us, is that man the same? his coat ?-Grove. I believe it was blue. Grove. I never saw him but that night, and Mr. Darnell

. Are you sure it was not green? in Newgate; and it was so dark, that I cannot

Grove. I am not sure. say this is the man.

Mr. Darnell. When you saw him in NewSol. Gen. Do you remember what clothes he gate, what did you know him by ? had ?

Grove. By his features, I ibought he was Grove. I cannot tell whether they were blue the same man. or green.

Mr. Darnell. Pray describe any one feature Sol. Gen. Were there more that flourished you knew him by. colours; more than one ?

L. C. J. It is difficult to describe a man's Grove. I saw but one.

face, and so it is to describe his hand. If you Mr. Darnell. Pray, at the time you saw that were asked how you knew a man's hand ? it banner displayed, was there any other fire in would be difficult for you to describe it; and Hatton-garden ?

so if you were asked, how you know avy man's Grove. No; I believe this was made first; face in court, unless there was something very and then the mob said, They would go to Mr. particular in his face ; and yet there is someTaylor's.

thing in the composition of a face, by which it Mr. Darnell. What time was it that the fire is known, which none perhaps but a painter was in Holborn ?-Grove. About ten.

can describe. Mr. Durnell. What time was that in Hatton- Sol. Gen. You say he is altered from what garden ?-Grove. About eleven.

he was in Newgate? Has he not the same Mr. Darnell. You say this curtain was

clothes on ? brought out of Fetter-lane meeting. How do Grove. He bas quite another dress, and anoyou know ? Did you see it brought out of the ther wig, he had blue clothes on there. meeting?

Sol. Gen. And you say, you believe the man Grove. No; but I saw it brought out of the that had the colours, bad blue clothes ? lane, and the people said it came from thence. Grove. Yes, indeed I take them to be blue

Mr. Darnell. Do you remember what co- but cannot be positive whether they were blue loured coat be bad on?

or green. Grove. I cannot tell ; it was either blue or Sol. Gen. You have spoken about this matgreen.

ter already, on your examination, you have Mr. Darnell. Do you remember what sort formerly considered it coolly, you ought to of hat he had on?-Grove. No.

consider what you have said before, and to re

the same.

collect yourself. The man you saw in New. Hill. No, never ; I was not there when he gate, what coat had he on ?

came in. Grove. He bad blue.

Then Hugh Victor was sworn. Sol. Gen. I ask you, whether the man that flourished the colours had blue?

Sol. Gen. Pray, acquaint my lord and the Grode. It was blue or green.

jury, what

you

know of the pulling down the Sol. Gen. Which of the two do you believe meeting-houses, and what concern the prisoner it to be?

bad in it. Grote. Indeed I cannot well tell.

Victor. I was by at a neighbour's door, near Sol

. Gen. The man in Newgate, what kind the meeting-house in Leather-lane. of wig had he?

Sol. Gen. Wbere was the mob then ? Grode. A wig that fell more off from his face. Victor. They came out of Holborn to LeatherSol. Gen. What sort of wig bad the man lane. with the colours ? Was it that kind of wig Sol. Gen. Was the bonfire in Holborn made which the man had in Newgate ?

before that in Leather-lave?-Victor. Yes. Groce. I think it was not.

Sol. Gen. That fire in Holborn, what was it Sol. Gen. Do you believe this man to be him made of? that you saw in Newgate?

Victor. I cannot tell any thing of that. Grove. Indeed I cannot believe him to be Sol. Gen. When the mob came into Fettere

lane, what did they do? Sol. Gen. Pray who brought that man to Victor. I believe I saw one hundred and fifty you?-Grove. It was Mr. Hill, the keeper. men there, and they were as hard at work as Sol. Gen. Is he here? Let bim be called. they could be, in breaking down the inside of Then Mr. Hill was sworn,

the meeting-house.

Sol. Gen. What did they do with the maAtt. Gen. Do you remember Mr. Grove's terials ? coming to see the prisoner in Newgate ?

Victor. I saw some of them, as I think, on Hull

. I never saw any body come while I that young man's back. When the thing was was there.

almost over, I went near Mr. Lunt's door, and Sol. Gen. Do you remember that he came I saw him with some boards on his shoulders. to see any of the prisoners ?

Att. Gen. Look upon him: Are you sure Grove. Justice Blackerby's clerk came with that is the man ?-Victor. Yes. me, and we had a quartern of brandy.

Att. Gen. What did he do ? Hill. I did not remember him before, but I Victor. I saw upon bis shoulders some wood; remember Justice Blackerby's clerk came, and he carried it to the fire, and threw

in, and somebody with bim.

made an huzza; When he had done, he camo Sol. Gen. Who did you shew him ?

up again, and spoke some words to Mr. Lunt. Hill. The prisoner at the bar.

Att. Gen. Did that same man afterwards Sol. Gen. 'What dress was be in then ? Do

come up, and speak to Mr. Lunt? you remember?--Hill. No.

Victor. Yes; but what he said I cannot tell. Sol. Gen. Did you carry him to any other Sol. Gen. Do you know wbat cloaths be but the prisoner ?

had on? Hill

. No; there were others upon the stairs, Victor. I do not know his cloaths, but I can but they were women.

remember him from a thousand: I saw him Sol. Gen. Was there any other prisoner ? throw in the wood, and after he went from the Hill. No.

fire, I kept my eye on him till he came up to Sol. Gen. And is this the man ?-Hill. Yes. Mr. Lunt's door, and I asked Mr. Lunt, it

' be L.C. J. Do you remember what clothes he knew him ? He said, yes, he was Mr. Miles's had when he first came to Newgate; or at any time after?

Mr. Darnell. What did you take notice of Hill. I do not know any but them he has him by? 40; I was not in the way when he came in. Vicior. I know him by his face, thougb I Mr. Durnell. Did you go up with that man? never saw him before. Hill. Yes.

Mr. Darnell. What is there remarkable in it? Mr. Darnell. Did you go into the room Victor. I observed bim as be threw in the where the prisoner was ?

wood, and kept my eye on him till he came to Hill. I went to the grates.

Mr. Lunt's. Att. Gen. When I asked you at first whe- Mr. Darnell. What cloaths had he on ? ther he was at Newgate, you could not remem- Victor. He was in a livery, but what sort of ber till he refreshed your memory with a quar- a livery l'cannot tell.

Mr. Darnell. When did you see bim again? L. C. J. Are you sure you shewed hira the Victor. The next pight: I knew him when prisoner at the bar ?-Hill. Yes.

I saw him before the justice. L.C. J. Did you shew him any other? Att. Gen. Are you sure, that the man you

saw that night, and the next night, is the same Mr. Darnell.

You say you never saw him man ?-Victor. Yes. in any other clothes than those he bas on? Mr. Darnell. Was it not dark?

man.

tern of brandy.

Hill. No.

Victor. There was the light of the fire. witnesses to an overt-act. Unless the person

Mr. Darnell. Did you see him by no other shall confess in open court, he shall be tried by light than the fire?-Victor. No.

the oaths of witnesses to an overt-act. Now to Mr. Darnell. How far was be from it ? what he has done they may call witnesses ; but * Victor. As far as to the other side the way. to what he has said, we hope they shall not.

Mr. Darnell. Were there not a great many Confessions are, in all cases, a dangerous evipeople there then ?

dence, and to be used very cautiously. It bas Victor. Not so many as there had been at been disputed, and so is ihe case in Anderson, first; they were drawing away.

whether any examinations shall be used against Mr. Därnell. Which fire was. this at? At them, but those which are before a magistrate? Hatton-Garden, or Holborn ?

Just. Tracy. It was quite otherwise in the Victor. At Hatton-garden.

case of capt. Smith. The question is only, Sol. Gen. You say you saw bim at Mr. whether he sball be convicted upon that proof Lunt's door, and there you took notice of him; alone ? How far was the fire from this door ?

L. C. J. If you make any objection on this Victor. As far as to the middle of the yard. head, it will be proper when they close their Then Mr. Lunt was sworn.

evidence. If there is no other evidence, you

may then make this objection, whether he * Att. Gen. Your house, I think, is near where shall be convicted on that evidence singly. the fire was?

Suppose two witnesses prove an overt-act, and Lunt. Yes ; within three doors.

besides them there should be others to prove Att. Gen. What time was the fire ?

his confession, is not that act complied with, Lunt. About eleven o'clock.

when some prove the fact, and others come in Att. Gen. Was there a great number of confirmation of them? It does not follow but that people there?--Lunt. Yes.

if there be two witnesses to overt-acts, there Att. Gen. What was thrown into the fire ? may be as many others to prove confessiods;

Lunt. I cannot tell; I did not so much as go It does not say, that no evidence shall be given out of my door.

but of overt-acts. Att. Gen. Did you see the prisoner that L. C. Baron. If a man confesses before a night?

magistrate that he is guilty of treason, and Lunt. He came right against my door: He that confession of his should be proved by two kuew me, for I worked for his master. He witnesses, it may be disputed, whether he shall came against my door, and spoke two or three be convicted on that evidence, because it is said, words, but I gave him no answer.

there must be two witnesses to an overt-act. If Att. Gen. Is this the man that Mr. Victor they have no other evidence but his confession, asked you, whether you knew him?

then will be a proper time to make your objecLunt. And as he spoke those words to me, tion; but till theo, there is no reason to object Mr. Victor asked me if I knew him: I said, against what is now offered. yes, he is Mr. Miles's man. My boy called Mr. Darnell. It is expressly the words of the him by his name, and said, What, Frank, are book, that examinations before a magistrate you among them: And that made Mr. Victor shall be evidence, wbich seems to imply the ask, if I knew him ?

negative, that others shall not be. V

Sol. Gen. What passed between you and bim? Sol. Gen. The question was, whether that

Mr. Darnell. My lord, we humbly submit it, confession was sufficient to convict ? And not, that what he has said, cannot be made use of whether it should be given in evidence ? Let against him ; for the statute of the seventh of us go on; if our evidence is not sufficient, you king William directs, that he shall not have will take notice of it. any evidence given against him relating to his Att. Gen. Mr. Darnell would stop the witword; for the act directs, that after the 25th of ness; as if there was something in that act, March, 1696, no person shall be attainted of or in the law, that shall restrain you from bearhigh treason whereby corruption of blood may ing what this man did confess of this fact: No, be made, or of misprision of such treasou, but surely, there is nothing that can binder that by the oathis and testimony of two lawful wit. evidence. The act does not hinder any thing nesses, either, both to the same overt-act, or in point of evidence, when it says, you shall not one to one, and the other to another overt-act convict a man unless there be two witnesses to of the same treason, unless the party willingly, the fact : It does not say you shall hear no other in open court, confess the same, or stand evidence. This indeed was mentioned in the mute, &c.*

case of capt. Smith: he had the French king's : L. C. J. Where do you find in that act, commission, and it was lost among other that what be confesses is not to be given in papers : He was shewn the parebment, and evidence ?

owned it, and that confession of his, that he Mr. Darnell. Because that act provides, that had such commission, was given in evidence, none shall be tried but upon the oaths of two Sol. Gen. According to this objection, he

would exclude all confessions from being evi. See Hawkins's Pleas of the Crown, book 2, dence. He opposes our examining to the conchap. 25, s. 141, &c. chap. 46, sect. 45, and fession of the prisoner, before he knows what it East's Pleas of the Crown, cbap. 2, sect. 66. was that he did confess. Now this act was

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