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APPENDIX.

VOL. XI. PART II.

A

APPENDIX.

No. I.

TRIALS AND LAW PROCEEDINGS.

CRIMINAL TRIALS.

MOUTH.

Arthur Tusitlewoon POR SEND- the peace, on the part of my Lord ING A CHALLENGE to LORD SID- Sidmouth, against a person of the name

of Arthur Thistlewood. This appli.

cation, my Lords, is made on the part Court of King's Bench, Saturday,

of my Lord Sidmouth, and in those Feb. 7.

articles he states that he does not ex

hibit them from any ill will or malice This morning, the Attorney Gene. towards the person against whom they ral entered the Court, and took his are exhibited, but he exhibits them for usual seat. Soon after Lord Sidmouth the preservation of his person from was seated on the Bench; and on Lord violence, which he apprehends. I shall Ellenborough coming into Court, he, state to your Lordships the act that as usual, addressed the Attorney-Ge has been done by this person on which

“ Mr Attorney-General, the apprehension is founded-it is a will you move?" The Attorney-Gene letter sent to his lordship, conveying ral addressed the Court as follows:- a challenge to fight. My Lord Sid..

"My Lords—I am about to exhi. mouth has never seen this person acbit articles of the peace, to which the tually write, but there is sufficient noble Lord on the Bench must swear stated in the articles for believing that before I address your Lordships.” it has been sent by Arthur Thistle

The Attorney General then handed wood; but that there might be no the articles to 'Lord Sidmouth, who doubt, the articles will be supported being sworn by Mr Barlow, stated by the affidavit of a person who has that the contents of them were true. seen him write and knows his hand

The Attorney-General then pro. writing, and swears he verily believed ceeded :-"My Lords, I am to move the letter in question to be his handyour Lordships to exhibit articles of writing. My Lord Sidmouth, in the

articles, alludes to former letters which thought it right to take the steps he has received from this person, mere

which he has now taken for the proly for the purpose of identifying, as tection of himself from violence ; and far as he can, the hand-writing of the not only with a consideration towards letter in question, to be the hand- his own person, but as a duty which writing of the person against whom he owes to his office, and to all other these articles are exhibited. It is ne. persons who may have the honour cessary that I should state, that some hereafter to be placed in that most imtime ago Arthur Thistlewood was in portant station. custody in the Tower upon a charge “ I have stated thus much shortly, of high treason, and whilst he was in my Lords, as I have felt it my duty, custody, my Lord Sidmouth received and I now humbly move that these ara letter from him. That letter there- ticles be exhibited, which will be verifore he believes to have come from fied by the affidavit I have spoken of.” him, and the article states, that it was Lord Ellenborough. Let the artithe same hand-writing as the present. cles be read. He has also received several other let. Mr Barlow then read the document, ters, and he verily believes that the which was handed to him, to the folletter in question was sent by him, and lowing effect :he verily believes it to be the hand- In the King's Bench-Articles of writing of Arthur Thistlewood. I the peace exhibited by the Right Hon. will read to your Lordships the letter Henry Lord Sidmouth, one of his Main question : it is addressed to Lord jesty's Ministers, and Secretary of Sidmouth, and it was received on the State for the Home Department, 3d of February, the day it bears date. against Arthur Thistlewood, of StanIt is dated from “ 40, Stanhope-street, hope-street, Clare-market. Clare-market.” Now many of the let. “ And the said Right Hon. Lord ters which his lordship has received Sidmouth states, that he does not ex. from this person since his discharge hibit these articles from any malice or bear date from the same place. This ill will towards the said Arthur This. letter is in these terms :

tlewood, but for the protection of him“My Lord-Having addressed you self from bodily injury. That in the repeatedly, with a view to procure re- month of April last the above pamed dress for the injuries I have received Arthur Thistlewood was committed from you, as Secretary of State, and to the Tower of London on a charge my applications receiving no answer, of high treason, and during the time I am compelled to seek redress in an- he was in the Tower as aforesaid he reother manner. I therefore demand ceived a letter signed · Arthur Thisthat satisfaction which as an injured tlewood,' which he verily believed the man I am entitled to receive at your said Arthur Thistlewood sent to him; hands. I leave the choice of sword or and since the said Arthur Thistlewood pistol to your lordship, and place. has been discharged from the Tower, As for time I shall admit of no delay, he has received several letters, dated and an immediate answer is expected. from Stanhope-street, Clare-market

, “ I am, my Lord, &c.

which he believes to be all of the same “ ARTHUR THISTLEWOOD." hand writing; and that on the 3d day “ My Lord Sidmouth has felt, and of February he received a certain letif my opinion be taken, has most just- ter, directed to him at his house at ly felt this proceeding a duty which Clifford's-place, which was in the same he owes to the high station which he hand-writing as the former letters he now fills in this country, and he has had received from the said Arthur

Thistlewood, and which he verily be- officers, who proceeded between three lieves was sent to this examinant by and four o'clock in the afternoon, to the said Arthur Thistlewood; which let. Thistlewood's residence, in Stanhopeter is to the tenor and effect following, street, Clarc-market, took him and left that is to say,” &c. (Here the articles him in custody at Mr Butler's, in the set forth the above letter, read by the same street, being near his own dwelAttorney General). “And this exa- ling. Mr Under Sheriff Smith waited minant believes that the said last-men- on him on Saturday night, to know if tioned letter conveys a challenge to he had any proposals of bail to offer, provoke and excite this examinant to but none had been given at a late hour a breach of the peace. This examinant on that night, further swears, that he has had no intercourse or communication with the said Arthur Thistlewood, except in his character of one of his Majesty's Court of King's Bench, May 14. 14 Principal Secretaries of State, nor does he know any other person of the name The trial of Thistlewood for an atof Arthur Thistlewood, except the tempt to provoke Lord Sidmouth to aforesaid Arthur Thistlewood above- fight a duel, took place this morning. mentioned ; and this examinant verily Soon after nine o'clock, the Attorney believes that the said Arthur Thistle- and Solicitor General, Messrs Topwood meditates and intends to him ping, Richardson, and Shepherd, Counsome great bodily harm; and he is not sel for the prosecution, entered the induced to exhibit these articles from Court. The defendant was conducted any malice or ill will, but for the pre- in previously by Gibbons, the chief servation of his life or person from vio- tipstaff, and placed on the floor. He lence, which he apprehends from the was attended by Dr Watson. said Arthur Thistlewood.”

Upon the arrival of Lord Sidmouth, Mr Barlow (to Lord Sidmouth).-- he was conducted by one of the at. " My Lord, do you pray these arti- tendants to the Bench, and immediatecles to be exhibited not from malice or ly after Mr Justice Bayley took his ill will ?"

beat. Lord Sidmouth._" I do.”

A most respectable Jury was then Mr Barlow.--" And for the pre. sworn in, and upon the indictment beservation of your life and person froni ing read, by the Hon. Mr Law, the danger ?

defendant

complained that he had not Lord Sidmouth.-" I do."

had sufficient notice of trial, or he Here the affidavit of Rose Buttall, would have been prepared to challenge Esq, was read, in which he certified the Jurors, and to have been provided that the hand-writing of the letter in with Counsel. The complaint was question was the hand-writing of Ar- disproved by the proper officers, and thur Thistlewood.

the Court informed the defendant that Lord Ellenborough.-“ Let these the Jury having been sworn, it was too articles be filed.”

late to make an objection. After the Solicitor of the Treasury Mr Shepherd, jun. then opened the had moved for the attachment against indictment, and Thistlewood, he immediately applied The Attorney-General shortly, but to the Sheriffs of Middlesex, who forcibly, detailed the facts of the case granted their warrant to Messrs Beau to the Jury. He assured them that mont and Son, and D. Simpson, their the Noble Secretary of State, in urg

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