Chapter 3

The wound I supposed to be
about twelve inches in length. The blood flowed from the heart, and
occasioned immediate death. The opening in the pericardium was larger
than that presented by the external wound, which was always the case
with wounds of this description. The weapon was prevented from passing
entirely through the body by the ribs on the left side. It must have
been a very sharp instrument, both pointed and cutting, to make such
a wound. The membranes, which were cut asunder, could only have been
severed by an exceedingly sharp instrument. That death was inevitable
after such a wound, the heart having been cut open, and the blood
effused into the cavity of the chest.

GEORGE THOMAS RUTHVEN being sworn, said, I am an officer belonging
to the public-office in Bow-street. On Wednesday evening last, at
half-past eight o’clock, I was in this house. I received an order from
Mr. Birnie, who is a Justice of the Peace for the county of Middlesex,
to go to a shed or stable in Cato-street, in consequence of a number
of men being assembled there for treasonable purposes. There was a
warrant issued by Mr. Baker, a magistrate of Marlborough-street. On
entering the house, I observed in the lower place a man with a cutlass
at his side, and a musket on his shoulder. The door by which I entered
from the street was not fast; there were persons going in and out; the
man with the musket seemed as if he was guarding the staircase; there
was only one man on guard. Ellis, Smithers, the deceased, and several
others, went in with me. I don’t know how they came in. They were of
course ordered. They were all constables, in number about a dozen. I
was the first person that entered. Mr. Birnie, the magistrate, was
not there at that time; he was at hand in the street, giving orders.
The man who stood at the door as sentinel was walking about. I did
not stop to see what he did particularly, but immediately called out
to some of the party who followed to secure him. I am not aware that
they did secure him, for I immediately went up the stairs. I believe
that man was taken; but I am not aware that he was apprehended then; I
believe he was caught afterwards. I ascended by a sort of step-ladder
staircase. The stairs were so narrow, that the officers were obliged
to go one by one. When I got up to the top of the ladder, I observed
a sort of table or carpenter’s bench, and a number of arms on it.
Thistlewood was on the right-hand side of the table. I know Thistlewood
very well. I have followed him for days and nights together. I think
about twenty-four or twenty-five persons were assembled. There were
different sorts of arms on the table: a variety of pistols and swords.
They looked as if they were sorted out. They were handing about as if
they were giving or distributing them to each other. Arthur Thistlewood
was one. I am quite certain that he was present: I have followed him
for days together. He stood by the side of the table handing arms
about. He had on a sort of a long brown coat, I think. I knew him as
well as I knew my father; quite as well. I could not be mistaken. I
have no doubt whatever as to the identity of Thistlewood. As soon as
I thought that three or four of the party were up, I said aloud, “We
are officers, seize their arms.” I did this to warn the people who we
were. As soon as I said this, they each took up what they could from
the table, and retired to the farther part of the room. Thistlewood,
being near a door that leads into a little closet over the coach-house,
retired into that room. He was not further from the door of the little
room than I am from that gentleman who is writing there (pointing
to a gentleman who sat writing within about four feet of witness).
There were others in that little room; how they got in there I cannot
tell. I suppose there were five or six, or four or five persons in
it. The whole party appeared at that time to be armed. Thistlewood,
as he retired, had a sword in his hand, which he moved in a menacing
way to keep the officers off. He was not striking with it, but moving
his arm round as if to make a stab. The sword appeared bright. As we
approached, he retired; and Smithers, who was within a pace of me to
the right, stepped forward with his staff. Thistlewood immediately
stabbed him, and he fell on me. A pistol was then fired; I know not by
whom. I saw the swords of the party directed against the candles, which
were immediately put out. Thistlewood stabbed the deceased in the right
side as he approached. He did not come out of the little room to do it.
He was within the little room, and thrust forward his arm to strike the
blow. I saw the sword he carried; it was bright, and glittered. I did
not see the hilt. It was a long blade, three feet and a half or four
feet long. It appeared straight; but he waved it in such a way, that my
eyes might have deceived me as to its shape.

When Smithers fell, he fell upon me, being stabbed on the right side,
and I standing a little to his left. I could not at the moment tell
whether he appeared to be much injured. In falling, he said, “Oh, Lord!
Oh, my God! I am done!” I believe these were his words, or something of
that sort.

I don’t know whether Thistlewood drew the weapon out of his body; for
instantaneously a pistol was fired, and the lights were put out. I
have been enabled to recognise three of the persons who were in the
room, besides Thistlewood, I think, since. They are Shaw Strange; he
has another name; a man named Blackburn, and James Wilson. There was
another man who stood at the door, and fired at a sergeant; his name is
Tidd: I don’t know his christian name. The sergeant at whom he fired is
present. Tidd first attempted to fire a pistol at Captain Fitzclarence.
I seized his arm, and he pulled me down on him. I called on the
sergeant to take the pistol from him, and he fired at the sergeant and
tore his clothes. I am sure that Blackburn, Wilson, Shaw Strange, and
Tidd, were present. There were also two other persons taken, who had
been in this house (the Horse and Groom) in the course of the evening.
I did not recognise them in the room; but I know they were apprehended,
and, I believe, admitted that they had been there. They left a stick
behind them in the Horse and Groom; the end of it was evidently cut for
the purpose of holding a weapon.

It was like a broom-stick, with a hole cut in the top. The persons
that I allude to have admitted that they were in the room at the time
the officers entered; but I do not know it. One of them was taken by
Captain Fitzclarence; I have seen him here before. These two persons
came in to drink a pint of porter, and left the stick behind them in a
mistake. One of them came back, and asked for a little walking-stick.
The boy, who thought it a queer sort of a stick, had taken it
up-stairs, but returned it to the person who called for it. That stick
was at the public-office. These persons called at the Horse and Groom
an hour before the officers proceeded to the loft. Nothing took place
before the party fired, except my exclaiming, “We are officers--take
their arms.” When Smithers fell, a pistol was fired, and the lights
were put out. I cannot say by whom the pistol was fired. The moment
Smithers fell, somebody in the room where Thistlewood was, cried
out--“Kill the b----rs; throw them down stairs!” I also cried, “Aye,
kill them,” that they might mistake me for a friend. There were nine
persons taken that night. I was not present at the apprehension of all
of them. While I was securing two of them the rest were brought in.
After I had secured Tidd, Wilson, and Blackburn, I proceeded to secure
the others; they were then conveyed to Bow-street, and afterwards to
the House of Correction.

Several of the party escaped; nine only being taken, and the number in
the room appearing to me to be about twenty-five.

When the prisoners were secured by the soldiers, I went up into the
loft, and saw Smithers lying on his face; this was twenty minutes or
half an hour after the entrance had been made. There were hand-grenades
and arms lying about the room. I had no time before to pay attention
to Smithers. A man below stairs endeavoured to escape from the door;
he had a pistol in his hand. I called out, “Secure that man!” When
I did so, he lifted his arm, and attempted to fire the pistol at
Captain Fitzclarence; I caught hold of him, and the sergeant coming
up, I desired him to take the pistol. The man fired, and struck the
sergeant’s coat with a bullet.

I believe only four of us got up. The party in the room fired directly
at the staircase, thinking we were coming up in numbers. If they had
not done so, they would have killed me, for I stood at one side of it.

There was somebody below who I expected would take care of the
sentinel; but, in the confusion, he was handed from one to another,
and thus escaped for a few minutes. It was quite dark, and I could not
see the party escaping. There were, I think, twenty shots fired at us.
It appeared to me as if some shots were fired from the window into the
street to create alarm. The whole civil power present on the occasion
was not more than twelve or fourteen men. I do not know the man who
was acting as sentinel; I believe his name is Davidson. He is a man of
colour. I had not time to notice him particularly. I believe he was the
man who was walking at the foot of the stairs, with a cutlass by his
side, and a musket on his shoulder. I believe there was one light in
the lower part of the building where he was. Some one, however, cried
out, “They are up-stairs,” and we heard the clashing of arms. I cannot
identify the man who was below stairs, I cannot swear to him. There was
another officer shot on the left side of the head; he was dangerously
wounded; his name is Surman. Another officer, of the name of Westcott,
had two or three shots through his hat. One of the bullets struck him
on the finger, but did not hurt him materially. I was not wounded at
all. At the time I did not know friend from foe. Immediately when
the party cried out, “Kill the b----s,” I also said, “Kill them,” in
order to deceive them. I had a brace of pistols; one of them flashed
in the pan. The lights being out, I was afterwards afraid to fire,
lest I might kill one of my comrades. There was a latch to the door
which led into the street, and I found no difficulty in getting in. I
secured a considerable quantity of arms; amongst the rest there was a
large grenade, and several hand-grenades. The large one consisted of
a tin canister, with a plate at top, strengthened by several pieces of
iron, and bound round with a quantity of tarred rope. I got eight of
the hand-grenades; they were about the size of my doubled fist. I also
found in the room two swords, and some ball-cartridges, which are in my
possession.

The large grenade weighs fourteen or fifteen pounds. It is a canister
strongly bound with tarred rope. It is not circular. A number of
pistols, swords, cartridges, and bullets, were also found in the room.

No person but Thistlewood offered violence before the candles were
put out. There were likewise found in the room about three dozen of
weapons, which resembled a sort of bayonet. The bottom part had not
a socket like a bayonet, but a screw to fasten into a stick. I found
also a dozen of sticks, formed for the purpose of being fitted to those
bayonets.

The bayonets appeared to be newly made. They are very rough, and not
at all brightened or polished. The balls I picked up in the room were
not fired from pistols. If they had, they would have been flattened; I
desired the men to pick the arms up, and each man to keep safely what
he found: in consequence, some were in the possession of one man, and
some in that of another; two or three muskets were either found in the
room, or else taken from some of the persons who had been apprehended.

The party had no notice but what I gave that we were officers.

The deposition of this witness having been read over to, and signed by,
him,

JAMES ELLIS was next called.--Having been sworn, he stated, I live at
No. 22, Paradise-row, Palmer’s-village, St. Margaret’s, Westminster,
and am an officer belonging to the Bow-street patrol. I am also a
constable. On Wednesday night last, about half-past seven o’clock, Mr.
Stafford, the chief clerk at Bow-street, directed me to take Richard
Smithers, John Surman, and William Gibbs, and to proceed in a coach
with them to John-street, Edgeware-road, as fast as possible, there
to meet Mr. Birnie, who would give us further orders. We did so; and
when we arrived at the spot, we found Mr. Birnie waiting. He inquired
whether we had seen any thing of the military. We told him we had
not. He said he expected them every minute. In about twenty minutes
Mr. Birnie called us together. Some inquiries were made, but I don’t
know of whom, as to what number were likely to be in the room to which
we were going, and whether Arthur Thistlewood was to be there. Mr.
Birnie gave me a warrant, signed by Mr. Baker, of Marlborough-street,
to apprehend Arthur Thistlewood and thirteen other persons named in
it. I have not the warrant; I have given it to Mr. Baker. On our
being called together, and Mr. Birnie being given to understand that
Thistlewood and others were in the room, he asked how many there might
be present, and was informed that there was about a dozen. He then
inquired how many there were of us. We told him about a dozen also. He
said he had been disappointed in the soldiers, who had perhaps missed
their way, and were half an hour too late, and that we must proceed to
apprehend the parties. We said we would do the best we could. Smithers
observed, if there were forty of them we would secure them. Mr. Birnie
then directed me to call Ruthven, another officer, out of the Horse
and Groom, and we were sent forward to the house, the military not
having come in time. Ruthven opened the door and went in; it was a
kind of stable where the meeting was held. Ruthven went in first, I
followed him. When I entered the stable I observed a man with belts
on, a musket or fusil on his arm, and a sword at his side. I believe
he held the musket in the position which soldiers do, when on duty. He
was walking backward and forward. Ruthven desired some person to take
charge of him. I took him by the collar, turned him half round, and
gave him to some other person, observing at the same time that he was
a man of colour. At that moment Ruthven was at the foot of the ladder,
up which he went. I followed as closely as I possibly could, and was
immediately followed by Smithers. Before I got up the ladder, I heard
a clattering of swords. I heard Ruthven say at that moment, “We are
officers, seize their arms,” or “lay down your arms,” I cannot tell
which. Upon gaining the top of the ladder, Ruthven turned a little to
the left, to go round a table or carpenter’s bench. I observed a number
of men falling back to the other end of the room. They were apparently
all armed. I also saw three or four men backing into the little room
on the right. They were all armed with swords or cutlasses. A tall
man immediately brandished a sword at me: his foot was advanced in a
fencing attitude, as if he meant to stab. I held up my staff in my left
hand, and presented a pistol at him with my right; I held up my staff
that he might see it, to shew him what I was. The light was then as
good as it is here: it was very lightsome: I desired the man to desist,
or I certainly would fire. I did not fire then, I did afterwards. I
did not know who the tall man was that threatened me at the time, but
I have seen him since, and I know it was Thistlewood. There were some
persons in the further room to the right. There was another closet
near to the ladder, which was not discovered nor opened for half an
hour afterwards. No one was found there. Smithers rushed past, and
endeavoured to get into the little room. I saw the tall man draw his
hand back, and make a thrust of a sword at him, which I saw strike him
on the breast.

It was the same tall man, Thistlewood, who had flourished his sword
at me. The manner in which he did it made me fix my eyes on him, so
as to mark the kind of countenance he had. Smithers, on being struck,
immediately threw up his hands, fell towards me, and exclaimed, “Oh!
my God!” I instantly fired at the man who killed Smithers, but I
missed him. Smithers fell against me at the time, so as to drive me to
the head of the stairs. A rush was then made by the party, and I was
knocked down from the top to the bottom of the ladder. The moment I
fired, the candles were all put out with the swords.

I think there were four or five and twenty persons present. There were
four or five in the small room. The time was so short that very little
observation could be made. I ran to the door, when two or three shots
were fired in the stable below, where I was. I don’t know by whom they
were fired. It was in the dark, and I could not discover friend from
foe. I do not know that any officer fired except myself. I have not
heard of such a thing. When I arrived at the door, I heard a cry of
“Stop him,” and instantly saw a man running at the other side of the
street; I pursued, and took him in the street, about twenty yards from
the door. When laying hold of him, he made a cut at me with a long
sword. This was the man of colour. I received a cut, a very slight one,
in the leg. I think it was when his arm, in striking at me, swung round
my neck, that the sword, which was a very long one, hit my leg. The
man’s name is Davidson. I believe him to be the same man who kept the
door, but I will not positively swear to that. I took him to a shop at
the corner, and seized his fusil, which was that of a light-horseman,
but perhaps rather heavier.

I have seen Thistlewood, and I believe him to be the man that struck
Smithers. I did not know him at the time. I saw him for six or seven
seconds, or more, when he brandished his sword at me, until he went
towards the little room. On seeing that, Smithers rushed forward, and
the moment he got near the door, I saw him struck. I was sure that he
was killed. It was a stab--a thrust--he received. The sword was long,
very bright, and triflingly turned at the end. It seemed sharp on both
sides. He brandished it at me. The whole space of this time was not
more than ten or twelve seconds. I saw the man with his sword, before
I got to the top of the ladder. As soon as Davidson was secured, I
returned to the place, and I then found the military had come. I left
Davidson in a shop, with two of our people to take care of him. The
prisoners were all disarmed, and I proceeded to tie them together. I
was only a few minutes gone when I took Davidson. I stayed as little
time as I possibly could.

As soon as I had tied the prisoners I went to Smithers; he was lying
on his face. I turned him up, and I believe he breathed faintly. I
afterwards found a pistol, a bayonet, a quantity of ball cartridges,
and several bullets. Many other weapons were found by the officers.

I am most positive of the identity of Thistlewood. I feel no hesitation
on the subject.

[Here the witness handed some of the bullets which he had taken to the
Jury.]

Witness continued.--I was entering the centre of the room when Smithers
passed me. I had my eyes fixed on Thistlewood, when he was brandishing
his sword. I am able to recognize him, though I could not recognise any
of the others. I saw him for eight or ten seconds, but I cannot speak
to his dress: it was a dark dress, but I cannot speak to it distinctly.
I heard yesterday, that Thistlewood was the person who struck the
blow, but that did not affect my opinion. I would have sworn to him,
if it had not been mentioned. There were several persons wounded. An
officer named Biggs was wounded. The place where the business occurred
is not ten yards from this. It is the first stable down the yard, and
is, I think, on the north side of the street. When I fell down the
ladder, I fell on some of the officers who were coming up. I should
have been shot if I had not so fallen. There were several shots fired
in the stable. I had a cutlass by my side, but could not use it. The
flashes were numerous below, but I could not see who or what they were
who fired. In the confusion Davidson escaped, but I afterwards took
him. When I came back there were several persons in custody. There were
many shots fired from the window.

We officers carry cutlasses, but they could be of no use against the
length of the swords which the party made use of.

I cannot state the specific words of the warrant. It was given to me
in the street by Mr. Birnie, and has been placed in the hands of Mr.
Baker, the magistrate.

The Coroner inquired of Pyall, the beadle, whether he had the warrant
in his possession, and was answered in the negative.

The WITNESS.--The warrant was in my possession; it authorized us to
apprehend Arthur Thistlewood and thirteen other persons named in it,
for unlawfully assembling together, but for what specific purpose I
cannot say, and to bring them before the sitting magistrate, to be
dealt with according to law.

PYALL, the beadle, was despatched to Mr. Baker for the warrant, and the
deposition of Ellis having been read over to him, he signed it.

WILLIAM WESTCOTT next underwent an examination to the following
effect:--I live at No. 10, Simmons-street, Sloane-square, Westminster,
and am one of the assistant patrol of Bow-street.--On Wednesday night
last, I was sent to the stable in Cato-street, by order of Mr. Birnie.
I accompanied Ruthven, Ellis, Smithers, and others to the spot. Ruthven
went first, and I followed Smithers. I was behind him in the stable.
The moment Ruthven, Ellis, and Smithers had gone up the ladder leading
to the loft, I seized a man in the stable below dressed like a butcher.
His name I believe was Ings.--When I entered, he rushed out against
me: and finding resistance, put his hand to his belt, as if to pull
something out of it. I immediately knocked him down by hitting him on
the right eye. He was dressed in a long coat beneath his jacket, and
had an apron over the whole. This happened before the first pistol was
fired, and I was in the act of handcuffing him when I heard a fresh
pistol fired in the loft. I had not quite succeeded before Thistlewood
came down the ladder, and as he was upon the steps fired a pistol;
whether levelled at me or not I cannot say. Seeing me so busily engaged
in securing the butcher, he levelled another shot at my head, and at
the same time made several cuts at me with a sabre. The pistol went
off, and the shot penetrated my hat. I knocked him down with the stick
I had in my hand, but he rose and succeeded in making his escape. While
I was engaged with Thistlewood, Ings contrived to make his escape also;
when Thistlewood was gone, I found that I was wounded in the hand,
and that some shot had gone through the flap of my coat. In the mean
time both Thistlewood and Ings succeeded in getting away. I pursued
Thistlewood, but in vain, and after having followed him through several
streets, I returned to the stable. I then went into the loft, and
saw the deceased lying dead on the floor. There were several persons
present, and the prisoners had been subdued.

The Jury asked the witness whether Thistlewood was the first who came
down the steps?--There was a complete rush, and I did not particularly
observe whether he did or not. Did he come down before the officer
Smithers fell?--I did not see the officer fall. You went with the
whole body of the officers?--Yes, I did. There were only three
officers, I understand, in the loft?--I believe no more. Where were
the others?--They were upon the scout. Then I understand that after
the three officers mentioned had gone up, Thistlewood came down, and
prevented others from ascending the steps? Yes; and he fired down the
steps to prevent the ascent of others.

CHARLES MOY.--I live at No. 11, London court, Mary-le-bone, and am a
watchman. On Wednesday night, about half-past eight, I apprehended
Ings, while Brooks was in pursuit of him. He fired at Brooks; but I
cannot say what fire-arms he used, as he threw it down before I reached
him. Brooks cried out, Stop thief! and I immediately apprehended him.
The ball went through the coat and waistcoat of Brooks, and grazed the
top of his shoulder. I took Ings down to Mary-le-bone watch-house,
assisted by Brooks and another officer. I searched him, and found seven
or eight bullets in his pockets, some gunpowder in a tin flasket, and a
haversack. He had a kind of belt on each side for pistols.

SERGEANT LEGGE, of the 2d battalion of Coldstream Guards, was next
examined.--On Wednesday evening last I was called up about eight
o’clock, and received orders to march to John-street, Edgware-road.
I was then quartered in Portman-street barracks. A picket, usually
employed on occasions when the military is required in aid of the civil
power, was ordered out. It was commanded by Captain Fitzclarence.
Upon arriving at John-street, we were unable to ascertain the spot
whither we ought to proceed, and the captain advanced to ascertain what
we were to do. When he returned, he ordered the picket to advance at
double quick time. Upon reaching the stable in Cato-street, I observed
a man standing with a pistol in his hand. He presented it at Captain
Fitzclarence, and I knocked it aside with my pike. I then seized the
muzzle-end of the pistol with my hand, and a scuffle ensued between
the man and myself about the pistol. I kept firm hold of it till it
went off, and the ball passing by my arm, tore the cloth off my sleeve.
(Witness here exhibited the sleeve of his coat, which appeared to be
very much torn.) In wrestling with the prisoner, I held my face down
to the lock of the pistol, and as it went off the ball grazed my right
eyebrow. As soon as the pistol was discharged, the prisoner let go his
hold. I secured him, and delivered him over to the police. I believe
the prisoner’s name is Tidd. After this skirmish I followed my officer
and part of the picket up the steps into the loft. The greater part
of the picket had reached the loft before I was disengaged from the
prisoner. When I had reached the loft I discovered a table in the
centre of it, nearly covered with pistols, blunderbusses, ammunition,
and other arms of various descriptions. Three men had then surrendered;
I think their names were Monument, Cooper, and Gilchrist.