THE

TRIAL

O F

JOHN HORNE TOOKE, ESQ.

FOR

HIGH TREASON.

THURSDAY MORNING, NOVEMBER 20.

The Court met at Nine o'Clock, pursuant to Adjournment

PRESENT,

THE LORD CHIEF JUSTICE, LORD PRESIDENT,

THE LORD CHIEF BARON,
MR. JUSTICE GROSE,

MR. BARON HOTHAM,

MR. JUSTICE LAWRENCE.

Major CARTWRIGHT, fworn.-Examined by Mr. ERSKINE.

Q.

ARE you, Sir, a member of the Conftitutional Society,

whofe proceedings have been examined in this Court? A. Yes, Sir.

Q. How long have you been a member of that society?
A. From its firft inftitution.

Q. By whom, Sir, and for what objects, did that institution take place?

A. Do you mean I should mention the names of the parties? Q. By whom was the fociety inftituted?

A. I think Dr. Brocklefby was one of the firft members of it,

and the late Dr. Jebb was another, and Mr. Capel Lofft was another.

Q. Was you one?

A. I was one.

Q. What were the objects of that association ?

A. The object was to give to the public conftitutional inforVOL. II.

B

mation,

mation, as expreffed in the original title of the fociety, and of which the members that compofed it, thought the public were very much in need.

Mr. Tooke. My Lords, I hope I am not diforderly, and that my application to you will not be taken ill. I had prepared a a great body of evidence before I knew what time this profecution would take. I am not defirous to introduce before this court, and confequently before the nation, a great deal of evidence, which I thought might poffibly be neceffary for my defence. If the court, the profecutor, and the jury, fhould think it not neceffary for me to go on with that body of evidence which I mean to produce, I fhall then be very well contented not to produce it, having no other motive whatever than to do what is neceffary in my defence; and withing to confine myself to no more than I ought; if the profecutor and jury, fhould think it abfolutely neceffary for my defence, that I fhould go into evidence, then I fhall be prepared accordingly. I beg I may go into evidence by the direction of your Lordship.

Lord Prefident. It is not for the court to fay a word upon that fubject; all the court can do, is to fay, whether that head of evidence is competent to that head of enquiry; if the profecutor will fay any thing upon the fubject, that is another thing; but the court cannot give any intimation or direction in that respect. I myfelf, individually, have no with to narrow your defence in any manner. I fhould with you to lay it before the court and jury in the fulleft manner you can, and I fhall think no time miffpent in hearing it.

Mr. Tocke. My Lord, I am perfectly aware if I did mean, I fhould not be able to give incompetent evidence; I am fatisfied with what the court fays, but my addrefs is rather to the profecutor.

Mr. Attorney General. If the address is made to me, I think it my duty to Mr. Tooke to fay, that under an impreffion when the cafe of the profecutor is underflood to have received from the opening of his counfel no anfwer, I defire Mr. Tooke to understand me as meaning to flate to the jury, I have proved the cafe charged in the indictment.

Mr. Erkine. (To Major Cartwright.) What were the objects of that affociation ?

A. The objects of that affociation were fimply to give conftitutional information to the public, and expreisiy for the purpofe of promoting a parliamentary reform."

Q. I was afking what were the purpofes and objects of that fociety?

A. I fay they were fimply to give conftitutional information. to the public, and particularly with a view to the recovery of

what