The trials at large of Robert Watt, and David Downie, for high treason, at the session of Oyer and Terminer, at Edinburgh, August 27, September 3d, and September 5th, 1794. At which they were both found guilty, and sentenced to be hanged, drawn, and quartered, on the 15th October. / Taken in short hand by an English barrister.

EDINBURGH, COURT OF OYER AND TERMINER, September 5, 1794. TRIAL OF DAVID DOWNIE.

AT eight o'clock in the morning, the fol|lowing Judges were present, viz.

• The LORD PRESIDENT,
• LORD CHIEF BARON,
• BARON NORTON,
• LORD ESKGROVE,
• LORD SWINTON,
• LORD DUNSINNAN.

The Prisoner being put to the Bar, Mr. Knapp, Clerk of the Arrains, addressed him as follows:

"The good men now to pass between you and the King, and now to be called, you may challenge when they are named, but not after they are sworn. Mr. Knapp then nominated several gentlemen, to twen|ty-six

of whom the prisoner objected, and they were set aside, and others called. Each juryman, when not objected to by the prisoner, was sworn in."

List of Mr. Downie's Jury.

• Robert Young, Upholsterer.
• William Fraser, Tin Smith.
• William Fettes, Merchant.
• James Lindsay, Wine Merchant.
• James Hamilton, Upholsterer.
• Alexander Pooton, Sworn Measurer.
• David Deuchar, Seal Engraver.
• Charles Robertson, Painter.
• George Rowe, Candle Maker.
• John Bonnar, Painter.
• David Milne, Merchant.
• John Black, Merchant.

Mr. Knapp then read to the prisoner a brief statement of his Indictment, which was to the same effect as those charges against Watt.

Mr. Dundas rose, and opened the plead|ings on the part of the prosecution.

"Gentlemen of the Jury,

"The prisoner is charged with endea|vouring to bring about, or assembling a

Convention, similar in its views with the one which some time ago met in this City, called the British Convention. He is also accused of procuring, or causing to be made, arms, or offensive weapons, in or|der to levy war against the King, with a determination to resist his royal authority, and compel him to comply with certain measures, to dismiss his ministers, dissolve the parliament, and put an end to the war. Another charge is, that he endea|voured to seduce the soldiers from their duty and allegiance; and that shortly, he has taken such measures as make him ac|cused of compassing and imagining the death of the King.—These particulars will be more fully stated by the Counsel who is now to address you."

The Lord Advocate then rose, and said,

"Gentlemen of the Jury,

"This is an indictment for High Trea|son, and my duty is to state to you the law upon that subject, and the general na|ture and import of the facts which, on the part of the Crown and the public, I mean to bring evidence to support. It is your duty, Gentlemen, to consider the whole

evidence, and from thence form what your judgment shall be.

"Gentlemen, it must be well known to you, that at the Union of the two king|doms, the system of the treason law of this country suffered an alteration, founded on the best grounds of expediency; and since that period the treason law of England had been adopted in this country. Had the Scots treason law still remained here, those men who are now suffering the punishment of their crimes in a distant country, would have suffered a capital punishment. To the honour of the treason law of England it has remained since Edward III. the same down to this day, and has been the founda|tion of all the trials for treason that have ta|ken place since; and it has met the applause of our most celebrated lawyers, and best historians, and the people have lived happy under it:—for, while it guards and pro|tects the life of his Majesty, it is equally careful of the life of the subject, being a bar|rier against any overstretched power.

"It includes three distinct cases of trea|son: 1st, Compassing and imagining the the death of the King:—2d, Levying war against the

King:—3d, Adhearing to his enemies.—The first, viz. compassing and imagining the death of the King, falls to be, in this case the most material. The second also comes under your consideration; for endeavouring to levy war, even although it is not actual|ly levied, falls under the first head, that of compassing and imagining the death of the King. Since the Union, we have had two rebellions in this country; but by the special Statute, the persons who were brought to trial for there concern in them, were tried in the Sister Kingdom. We are the first in this kingdom who have had the melancho|ly duty to perform—that of applying it upon the present occasion.

"Recent occurrances have shown us the conspiracy that has been formed to seduce the people from their allegiance, under the specious pretence of Reform, but really with the purpose of distroying the lawful authorities of the country, and the fair fa|bric of our Constitution.

"The Act of Parliament, of which I am now to speak, needs no explanation; yet for your satisfaction, I will state, not in my own words, but in the words of the most

celebrated English lawyers, there opinion concerning it.—Here his Lordship went through a great number of law authorities, Judge Foster, Hawkins, and Blackstone. One of these, he remarked, said, with re|gard to compassing the death of the King, "that the will must be taken for the deed."—The King is the head of the body politic, and members are connected under him; and his life cannot be taken away but it must involve the Nation in blood. If conspira|tors meet, and consult to take away the life of the King, every person who has a pre|vious knowledge, and attends such consult|ation, if he does not give information, falls to be presented to a Jury.—The law does not confine the crime to a direct attack, but to every attempt at compassing the death of the King, or seizing his person; for ex|perience has shown, that, between the per|son and the grave of princes, the distance is very small. Every attempt even to seize his person is considered compassing his death: for, the purpose cannot be effect|ed, without manifest danger to his person.

Gentleman, you all well know, that about two years ago a number of persons formed

clubs and societies, to obtain, as they said, Parliament Reform; but whatever was their pretence, their real scheme was to subvert the Constitution, and introduce universal suffrage and annual Parliaments in place of that happy system under which we so se|curely live. They accordingly applied to Parliament by petition, but Parliament, to its immortal honour, discovered what was couched under it, and rejected their appli|cation. Being thus disappointed, some of these clubs immediately set about other means; for, in a letter in 1792, from Har|dy to Skirving, he says,

Our petition has been rejected, therefore, we must take some more effectual means.

We have seen a British Convention in this country, assuming to itself very high powers indeed, and even going the length to say, they would watch the motion of Parliament, in case they dared to pass certain acts, and de|claring their determination to resist till compelled to desist by superiour force; and that upon the first intimation given to intro|duce a certain act of Parliament, then were they to call a Convention of Emergency, and erect the standard of rebellion against

the legal constituted authorities of this king|dom.

To the honour of the Chief Magistrate of this city, whose conduct upon that as upon every other occasion, has procured him the esteem of every good citizen, he went and dispersed this Convention. Prosecutions were afterwards brought against the ring|leaders in these transactions, and they suf|fered the just punishment which their crimes merited.—I will prove said his Lordship, that the prisoner was a member of this Convention.

Mr. Downie—My Lord President, I ob|ject to the Lord Advocate stating this to the Jury; for I was formerly a witness in one of these trials, and was told by the Court, that I never could be charged for my conduct in these matters.

The Lord President said, the Lord Advo|cate was not to charge him with any crime committed previous to that trial, but only what was done since.

The Lord Advocate proceeded. "I must show his connection with that Convention to prove his views the same in the one which was proposed to be held. His Lord|ship

next proceeded to shew that he was a member of the different Committees of Union and Ways and Means, of acting as Treasure, and collecting and paying money to promote the Grand Cause, as it was ter|med. That these Committees had corres|ponded with a society in London, who vot|ed the most calumnious resolutions against the Judges of this country.

"His Lordship then stated his intention to prove the prisoner guilty of endeavoring to seduce the military from their duty and al|legiance, by the distribution of a hand-bill among the Fencibles at Dalkeith, entitled, "An Address to the Fencibles." That he was accessary to the plan read by Watt for taking the Castle, seizing the Judges, Ma|gistrates, &c. and to the embassy which was sent to the west country, for sounding the dispositions of the people: that in his capacity of Treasurer to the Committee of Ways and Means, he paid the smiths who were employed by Watt to make the pikes that he acceded to the plan of having Col|lectors appointed, who were to collect the sentiments of the people, and receive mo|ney

from them, and likewise to act as Com|mander when they were armed.

"His Lordship with great ability expa|tiated on each of these charges, and con|cluded with observing, that if he could prove them to the satisfaction of the Jury, they doubtless would consider the charge of High Treason as fully proved. The principle, however, his Lordship observed the Jury should ever keep in their eye—the impartial distribution of Justice."

EVIDENCE FOR THE CROWN.

Mr. Scott, Procurator Fiscal, identified papers.

Mr. Cullen, for the prisoner, stated, that he would object to any evidence to be pro|duced against the prisoner prior to the time he was examined in a late case, concern|ing the members of the Convention; for then the Court informed him, that he ne|ver could be called in question for his con|nection in that affair.

Mr. Anstruther said, he did not mean to adduce evidence against the prisoner for prcuring a Convention that had met, but, for endeavouring to procure one to meet at a future period; and the Council for the pri|soner

will find that concerning the evidence they object to, no such count is in the in|dictment,

Mr. Taylor, London, stated, that a num|ber of Committees were formed in London and a large meeting held at the Globe Ta|vern, where they came to sundry resoluti|ons: as also at Chalk Farm in April. The London Society intended to meet at Shore-street, but were prevented by the Magis|trates.

Cross-Examined.—

Q.

How do you amuse yourself?—

Ans.

Various ways.

Q.

Do you attend any Societies for your amusement?—

A.

I did.

Q.

Was you ever employed to give in|formation?—

A.

No.

Q.

Did you take notes?—

A.

Yes.

Q.

Have you them?—

A.

Yes.

Counsel.

Produce them, and read part.

(The witness did so,)

Counsel.

In what you have now read, it begins John Martin by the appellation of Citizen Martin, Rose," &c. Now, how came you to particularise this denomination when all the Members were spoke to by a similar one.—

A.

It was a singular stile.

Q.

Did you take these notes for any other purpose than your own information?

A.

For no other purpose.

Q.

Did you ever show them to any other person?

A.

Never till I was carried before the Privy Council.

Mr. Lauzane, King's messenger, identi|fied some papers he found in Hardy's house, when he took him into custody.

Alexander Aitcheson, late goldsmith, point|ed out several parts of the minutes of Con|vention, which he wrote as assistant Secre|tary.

Q.

Was D. Downie a member of the Convention?

Pannel's Council.

I again object to such question. If the Council for the Crown wish to prove that he followed measures similar to those of the British Convention, they may prove the measures of that socie|ty to have been as bad as imagination can conceive, but they must not attempt to prove that he was a member, or at all con|cerned with it.

Counsel for the Crown.

I most certainly intend to prove that he had similar views;

and in order to shew that he knew the in|tentions of the British Convention, it is the best mode to shew that he was a member of it.

The Court put the question thus, with|out saying whether David Downie was a member of the Convention, say whether he knows that David Downie had access to know their views?

A.

He had.

The witness identified a paper which he had written in the Committee of Union.

George Ross said, a Committee of Union met in his house in March last, and other times. Downie, Watt, Bonthorn, & Stoke, belonged to it. There was also another Committee of a greater number. He re|ceived from Stoke a printed letter, and un|derstood similar letters were to be sent to the country. He sent some, &c. to Paisley, Strahaven, Perth—on these he wrote, "Shew this to your friends, and send an answer to George Ross, Liberty Court, Edinburgh."

William M'Cubbin, writer, was elected a member of the Committee of Union, in con|sequence of an acquaintance of his, who

was a member, being bound over to keep the peace for being in the Play-House-Riots. Downie was a member. The purpose of the Committee was to co-operate in calling a Convention similar to the British Conven|tion. There was a Committee of Collec|tors to collect money to pay delegates, and relieve those who were suffering for politi|cal opinions; likewise for collecting the sense of the people. The witness was a collector; Mr. Downie was Treasurer to the whole; Fairley was a collector, and was appointed convener, and to act always as such. The witness was a member of the Convention when the Lord Provost dispersed it, and he stated the particulars of what happened at that time. The Committee of Union was to have met the night Downie and Watt were apprehended, but on that account did not.

Prisoner.

Was it not proposed to esta|blish a library of books?

Ans.

Thinks he heard it mentioned in some societies, but not positive.

William Binning said, he was a member of Water of Leith Society. They met three weeks after the dispersing of the Bri|tish

Convention. They sent delegates to the Committee of Union, viz. Orrock, Farquharson, and M'Ewan. It was for the purpose of Reform. There was a col|lector to take the sense of the people, and money to support Mr. Skirving. This so|ciety gave their money to M'Ewan to pay to the delegates, or Mrs. Skirving. Mr. Downie was Treasurer to the collectors.

Arthur M'Ewan was a member of the Water of Leith Society, which continued to meet after the dispersion of the Conven|tion. Was a member of the Committee of Union, which met in Ross's. There was a Sub-Committee chosen from it, consist|ing of seven persons. Downie was one of them. It was afterwards called the Com|mittee of Ways and Means. They were to pay some debt the Convention owed Skirving, and support his widow. Heard Watt one night read a paper proposing to seize Lord Chief Justice Clerk, &c. [Here the witness gave the same account of this paper as he did in the trial of Robt. Watt.] He once saw Downie in Ross's house with Fairley, Watt, &c. Fairley had come from the West Country. Saw Fairly lay down

15s. on the table, which he said he had left, and Downie desired him to take it up again. Fairley said Paisley was in a state of great readiness; this he thought was for carry|ing forward Watt's plan. Watt said he had 4000 arms to send to Perth. Downie called on the witness at his own house the day Watt was apprehended, and asked, if he, the witness, had been before the Sheriff, and what questions had been put to him. He then said, that if he was called upon, he would say he did not know me, and if I was called upon, he told me to say I did not know him. Heard William Brown once say he was employed by Watt, and paid by Downie. Heard Downie say, a very spirited letter had been received from Perth.

Quest.

Did the prisoner, when you was going home with him, the night Watt had read his plan in the Committee, say he dis|approved of it?

Ans.

Don't recollect.

William Bonthorn, teacher, was a member of a society at Broughton, which sent him as a delegate to the Committee of Union, and has seen Downie there. Another Commit|tee

was chosen from the Committee of Union, called the Sub-Committee, viz. Aitchison, Burk, Stoke, M'Ewn, Watt, Downie, and himself, sometimes called the Committee of Ways and Means. Saw in the Committee a paper called Regulations. Two pence were collected from each mem|ber, to defray expence. Downie acted as Treasurer. Collectors were appointed to collect money to send a delegate to En|gland, to attend a Convention to be formed there. He left this Committee, because he saw matters coming to a very great length, and also for another reason relating to the peace of his own family. He thought they were going great lengths, from hearing a paper read by Watt, when Downie was present; to which paper M'Ewen objected, as did, the witness, by saying "No, no; by no means," [Here he gave the same account of the paper as in Watt's trial.] The Committee met in Watt's house to answer T. Hardy's letter, which Mr. Stoke was to carry with him. After this night the witness determined to advertise his withdrawing from the Com|mittee. This he did not advertise. He

shortly after wrote a letter to Mr. Watt, to desire Downie to advance Fairley a few shillings, as he was going to the country, as he understood, upon the Committee business—He took a copy of a paper which he saw in the Committee of Union, and read it in Broughton Society. The collectors were appointed to numbers, not to districts. Saw a paper about Fencibles in the Committee. He considered the paper read by Watt as a sort of frenzy. Mr. Stoke and Mr. Watt wrote any papers the Committee had to write. Mr. Downie received all the mo|ney, and paid it out.

Mr. Gardner, jeweller, being shewn two letters, said, one of them was like Mr. Downie's writing, and the postscript of the other.

Mr. Mathie, jeweller, being shewn two letters, thought one like Mr. Downie's writing, the other not.

Mr. Hunter, clerk in the bank of Scotland. Shewn a bill of 15l. dated April 7, "Pay to "Walter Miller, Perth." Indorsed, "Pay "to David Downie," and "Received pay|ment, "David Downie," which he iden|tified.

A letter was now read, signed "David Downie," acknowledging the receipt of this and giving an account of the riots in the play-house.

Mr. William Lockhart gave the same ac|count of searching Watt's house, and find|ing pikes, which he gave in Mr. Watt's trial.

William Middleton stated, that he was present when pikes were found in Watt's house, and also got some in Orrock's house at the Dean.

Margaret White, servant to Mr. Dow|nie, said, she has seen a pike in Mr. Dow|nie's dining-room. His son came out of the next room where his bed-room was, and took it away. Soon after, Mrs. Downie asked Mr. Downie what his son had done with the Dividing Knife! This was one morning about six o'clock, before Whit|sunday; and when she saw it, she thought she never saw such a dividing knife before.

Robert Corrock, smith, said he knew of a Committee of Union, and was a member of it, and Mr. Downie was one. At one meet|ing of the Society, they read a newspaper, and there was something in it about an in|vasion.

Watt said, there were arms came down to the Goldsmith's-hall people, and somebody said we had better apply for them there. Some other person said we could not get them. Watt answered there was no law could hinder us. I said, I would make one for myself. Some time after, Watt called at my shop, and asked if I had made the weapon. I said I had not, but told him what like it was. It did not please him, and he marked on the table the form of one he wanted. I made it and carried it to Ross's house; Watt, Downie, and some others were present—One said it was too short in the curve, and then made the shape of one longer; on which Watt and Downie desired me to keep that in my eye. Watt and Downie ordered me to make a few dozens of the same kind.

William Brown said he made 15 pikes by Watt's order, to whom he delivered them, and he gave a line to Downie, who paid him 22s. 6d. for the 15 pikes—the one kind was 1s. 3d. each, the other kind 5s. each. The line to Downie said, "Pay to Mr. Brown 22s. 6d. and I will count with you after.

William Watson, Dalkeith, gave the same account of receiving twenty copies of an Address to the Fencibles as he did on the trial of Watt, and added, that he gave one to Elliot and one to Johnston. Some per|sons said they would be hurtful, and then he destroyed them.

William Johnson, Dalkeith, said he got a paper from Watson, which he gave to San|dilands when some soldiers, were there.

James Sandilands, Dalkeith, got a bill from Johnston, and gave it to Serjeant Hardy.

Serjeant Hardy said, he received a paper from Sandilands, and desired him to read it. The regiment was then going to England.

Corporal O'Conolly said, when in Dalkeith, a person came to him, and said, you are all sold to go abroad—you had better not go. Here is a paper I will shew you. The wit|ness would not take it, but saw on it the word Dundee.

Arcbihald M'Feadzan, soldier, said he got a paper in Dalkeith from a man. He heard it read—it was signed Dundee, and said, if he went to England we were all sold to go abroad—if we staid at home we would get thousands to help us.

John Geddes, said he saw a man giving a|way papers in Dalkeith to the soldiers. He read it—it said, "Stay at home! O dear brothers, stay at home!"

John Fairly, wright.—Q. do you know George Ross?—Ans. Yes; he lives in the Cowgate, and there it an entry to his house from the South Bridge.

Q.

Do you know of any Committee, or was you not a member of some society?

A.

A committee sometimes met at Ross's, where I have been; I was a member of the British Convention and Broughton society, who appointed some members to meet with the other societies, and chose me Collector.

Q.

Did you do any business for that Committee?

A.

I was twice or thrice with them; some of the Collectors wanted me to get them some subscription papers, which I did and went again another night, telling them I had got them.

Q.

Did they employ you in any other business.

A.

I once had occasion to go to the west country, to see my sister, who resides at Airth, and Bonthron gave me a letter to

Watt. Watt gave me another letter to Downie, and told me I would find a parcel at Campbell's, containing some papers, &c. with directions how to act. On carrying Watt's letter to Downie, I got 30s. from him. On calling at Campbell's I got the parcel, which contained instructions, my commission, which was marked with seals, some circular letters, &c. with orders to correspond with Downie, and to tell the different societies to do so likewise.

Q.

Was there no plan in the parcel among the other papers, &c.

A.

I believe there was.

Q.

What was the purport of that plan, or what do you call it; was it a little plan, a great plan, or a grand plan?

A.

It was the plan that Watt mentioned.

Q.

Had you no conversation with the Committee about that plan?

A.

No, I had none either with Downie or Stock; but Watt conversed with them about it.

Q.

n whom did you call at Sterling?

A.

I called on Dr. Forrest, with whom I saw a Mr. Thompson.

Why did you call on him? Was you acquainted with him before?

A.

No, I was not; but had heard in Edinburgh that he was a friend to freedom.

Q.

What was the subject of your con|versation with him?

A.

I told him the news in Edinburgh and he told me the news in Stirling.

Q.

Did you not show him your papers, and tell him something about making pikes at Edinburgh?

A.

Yes, I did in the presence of Mr. Thompson, and others that were there, and drew a pike on the table; saying, Watt told me they were for self-defence.

Q.

What said they was the news at Stir|ling?

A.

They told me their societies were not numerous—were willing to assist us about Edinburgh with money, but could not in any thing else.

Q.

What did you understand from these words, nothing else?

A.

I only understood from these words that the Societies were not numerous.

Q.

Did they seem happy when you told them of making pikes at Edinburgh?

A.

They seemed neither happy nor sorry at it.

Q.

Where went you from Stirling, and whom did you call at next?

A.

I went to St. Ninian's and called on a Mr. M'Cross, a relief minister, and a Mr. Brown, a writer.

Q.

Where next?

A.

To Kilsyth, and called on Mr. An|derson, a minister, and a Mr. Yule.

Q.

You was at Glasgow; whom did you call on there?

A.

I called on a Mr. Sinclair there; he was not in when I called first.

Q.

Where went you on missing Sinclair?

A.

I went to the reading-room.

Q.

What sort of a place is this reading-room?

A.

A house where pamphlets and news|papers are read.

Q.

Did you know any of the persons you saw in the reading-room?

A.

I did not.

Q.

You was at other places before Glas|gow?

A.

I went to Kirkintilloch and Campsie, and shewed my instructions to the Friends in all the places I visited.

Q.

Where went you on leaving Glas|gow?

A.

To Paisley, and called on Mr. Hastie there; after which I came home to Edin|burgh.

Q.

Where went you first on your arri|val in Edinburgh?

A.

I went to my Father's, then to the Committee at Ross's.

Q.

Who found you there, and what con|versation passed?

A.

I found Watt, Downie, and M'Ewan there, and told them that the Friends were in general hearty.

Q.

Did you return your instructions and commission to the Committee?

A.

They were to be returned to the clerk of the committee, but I returned them to Watt. I do not know whether the Committee knew what they contained.

Here Mr. John Clerk, one of the Coun|sel for the pannel, stood up, and begged the Jury to attend to what the witness had said, viz. that he had returned his instruc|tions and commission to Watt, and was un|certain whether the Committee knew what directions they contained.

Q.

Did you pay your own expences on the road?

A.

No; I got 30s. from Downie; spent 15s. and on returning the other 15s. they gave it me back.

Q.

When you went to Airth to see your sister, did you usually take a round-about jaunt?—

A.

No, I did not.

Q.

Why did you not carry pikes to the collectors when Watt desired you?

A.

I did not like to do that; I was afraid of being blamed for distributing them.

Q.

What passed between you and the Committee on your return?

A.

I gave Watt a list of persons, and their places of residence, that might be in future corresponded with.

Q.

Did you not inform the Committee of what you had done in your journey?

A.

No, I was uncertain whether they knew any thing of my instructions—as I got them through Watt, I returned them again to him.

When the evidence was closed,

Mr. Cullen then rose to charge the Jury on the part of the prisoner, which he did in an ingenious and argumentative speech, which lasted upwards of three hours. He began with laying down the law of the case,

in which he differed very much from the Counsel on the other side. He read seve|ral quotations, from which he drew this general inference, that although the indict|ment charged the prisoner with compassing and imagining the death of the King, no such crime had been committed—for the highest part of the crime charged, even allowing it to be true, was no more than a sort of Constructive Treason, which the law was very cautious in with meddling. He next proceeded to comment upon the evi|dence, the first part of which, he said, proved nothing of the charge of treason; it only went to this, that the prisoner, along with a number of other persons, some in a high and some in a low situation of life, had been active and zealous to procure a reform in the representation of this country. If the prisoner carried his notions in this business only as far as some other members of the British Convention had done, he ought to have been tried for sedition, which very probably might have been found a good charge against him; but there was no reason to presume, from all this, that his being concerned in the cause of Reform,

implicated him in the charge of high trea|son, which, he was sure, a candid view of the evidence would not make out.

Mr. Cullen next mentioned, that part of the evidence which regarded the taking of the Castle of Edinburgh; massacreing the soldiers; seizing the Judges, &c. which said he, was one of the wildest phrenzies that ever entered into the head of man. This was not the plan of the prisoner, but of Watt; he alone was the former and pro|moter of that diabolical business: but, he remarked, it is here attempted to be prov|ed, that the prisoner and Watt were equal|ly guilty in this matter—this was by no means the case; for, though the prisoner was a member of the British Convention, and afterwards of the Committees of Union and Ways and Means, yet the intention of these Committees was not to promote the treasonable plans and projects of Mr. Watt, but only to collect money to carry the plan of reform into effect, and for succour|ing some of their suffering friends. It had been attempted to be proved, that the pri|soner had both employed and paid for ma|king pikes, but the employment has not so

compleatly proved as the law directs, and as to the money paid to William Brown, it was entirely on Watt's account. With regard to the evidence of Fairley, to whom likewise the prisoner paid money; he cer|tainly did so, on account of the Committee of Ways and Means; not to promote the plans of Watt, but merely to see how the the People in the country stood affected with regard to pursuing the plan of Reform: if he went farther, it was in consequence of a private understanding between him and Watt, which the prisoner knew nothing of. The rest of the evidence Mr. Cullen argued in a strain of very ingenious rea|soning, amounting to nothing that could in the most distant manner, affect the prison|er, and, on these grounds, he hoped, the Jury would be of opinion with him, that the charge had not been sufficiently prov|ed, and would, therefore, acquit the pri|soner.

Mr. Cullen pleaded the cause of his un|fortunate client with a zeal and ability that did him great honour.

Mr. Anstruther, on the part of the crown, replied. He said he was exceedingly sor|ry

to say, that from his opinion of the evi|dence produced, the charge was complete|ly proved against the prisoner. He then took a pretty extensive view of the Law of Treason, in which he differed very much from Mr. Cullen: he said, it was by no means the case of Constructive Treason, but a deliberate plan to overturn the govern|ment and Constitution of this country, and therefore came fairly under that part of the statute of Edward III. of compassing and imagining the death of the King. He next proceeded to the evidence produced, be|ginning at the first motion of a design to call a second Convention, which design he said, was clearly and distinctly proved. The next part of the evidence was the pri|soner's conduct as a member of the com|mittees of Union and Ways and Means, whose views Mr. Cullen said were solely to promote the cause of reform; but he dif|fered very much from him with regard to this. Mr. Anstruther said, for taking the correspondence of Hardy and Skirving; the proceedings of the British Convention; the meetings held at the Globe Tavern, and Chalk Farm, upon the principles held out

by themselves, and upon whose resolutions those committees acted. what was their language? Was it to petition the King, or petition Parliament?—No! it was, as all their proceedings bear, to do something stronger than to petition—It was to effect their purpose by force, which they said pe|titioning had not been able to do. There could be no doubt this was treasonable, and, the evidence fully justified him in saying the prisoner had acceded to every particu|lar. He next adverted to the plan of tak|ing the Castle of Edinburgh, &c. which plan no doubt was Watt's—but the prison|er did not dissent from that plan, as Mac-Ewen and Bonthorn had done, nor absent himself from the committees; but, on the contrary, he along with Watt employed Orrock to make the pikes—paid money to Brown for making them—to Fairley to enable him to go to the West country upon their business. In short, the prisoner com|pletely acceded to every part of Watt's plan; and beside s all this, the evidence ful|ly proved, that a pike was found in the pri|soner's house, and that he was concerned in circulating the seditious hand-bill, ten|ding

to debauch the mind of the Fencibles of this country; a copy of which hand-bill was clearly traced to the prisoner. Mr. Anstruther now took notice of the great pains that had been taken by some evil-minded people to seduce the lower ranks in this country from their duty and allegiance; and respecting this he gave an elegant quo|tation from the Roman Historian Livy, the purport of which was, that when the lower orders of the people rose against the Con|stituent Authority of a country, the conse|quence was, that nothing but anarchy and confusion ensued, and that country was completely wretched. He concluded with saying, that no doubt remained in his mind, that the charge was completely proved; if, however, the Jury thought otherwise, he would be happy at the acquittal of the prisoner.

Mr. Anstruther spoke an hour and fifty minutes, in a cool, deliberate, and elegant manner, and was listened to with the great|est attention by all present in court.

The Lord President then proceeded to charge the Jury. He began with saying, at a future period it would no doubt surprise posterity to hear, that in this enlightened age crimes such as that charged on the pri|soner, could be committed. This coun|try

was not now what it had been some hundred years ago, when civil liberty was ill understood, when agriculture and com|merce were not attended to, and when the nobles and heads of clans usurped a despotic power over their vassals and dependants. Then nothing was heard but family broils, and endless quarrels for power and plun|der.—Happily, things were now changed for the better—the power of the nobles was restricted, commerce, agriculture, and arts flourished, and the people, from idle|ness and poverty, were rich and industri|ous. Was it not astonishing then, said his Lordship, that a period when the country was so prosperous, discontents should arise from causes, of which our forefathers had never thought or heard; doctrines should be broached, which, if acted upon, would completely subvert all order in society, and plunge this country into all the misery and wretchedness which so unhappily prevailed in a neighbouring nation.

To illustrate this, his lordship read an ex|tract from a speech delivered in the Irish Parliament, and a quotation from an emi|nent author, who tells the following story:—Suppose, says the author, a ship went to sea completely manned; the crew acting upon these new principles say, Why is this

man captain? Why is this man at the helm? Are we not his equals, and are not our abi|lities equally good with the person at the helm?—From words they proceed to ac|tions, and deprive the officers of their com|mand; they then elect others to succeed them from among themselves, throw off all restraint, get drunk, and in consequence of this the vessel drives among rocks, is lost and every person on board perishes. Such, said his Lordship, must be the case if igno|rant men, who will not obey the wholesome restraints of Law, were to assume to them|selves the Legislative and Executive Pow|er of a Country.

His Lordship next proceeded to give a clear and distinct view of the Laws of Treason, in particular that statute upon which his indictment was laid. He said, that it was a happy thing for this country, that at the Union the Treason Laws of both countries were made one, as it prevented all uncertainty about them; the Treason Laws being as well understood as any part of the crimal Jurisprudence of this king|dom.

His Lordship then commented upon the different parts of the evidence, pointing out with great precision and candour what was for, and what was against, the prisoner,

leaveing the whole with the Jury. If they found there was not proof sufficient to con|vict the prisoner, or if there was even a doubt in there minds of his guilt, they ought to acquit him, as mercy should always lean to the side of the prisoner; but if on the contrary, they were satisfied of his guilt, then they were to bring in their verdict accordingly.

His Lordship spoke above an hour, in his usual able 〈◊〉〈◊〉 candid manner.

The Jury then withdrew, and after a de|liberation of forty minutes, returned with a verdict—GUILTY.

Counsel for the crown—The Lord Ad|vocate, Solicitor General, Mr. Anstruther, Mr. Dundas: Mr. Knapp, Clerk of Ar|raigns: Mr. Warrender, Agent.

Counsel for the prisoner—Mr. Robert Cullen, Mr. John Clerk, Mr. A. Fletcher: Mr. John Dillon, Agent.

September 6th.

This day the Court met, and the Prisoners being put to the Bar. The judgment of the Court was, that you Robert Watt, and you, David Downie, be taken from the Bar to the place from whence you came, and from thence to be drawn upon a Hurdle to the place of execution, there to be hanged by the neck, but not till you are dead, for then you are to be taken down, your Hearts to be cut out, and your Bowels burned before your Faces, your Heads and Limbs severed from your bodies and held up to public view, and your bodies shall remain at the disposal of his majesty, and the Lord have mercy on your Souls.