you have thought fit to abuse that protection which you received. The law of this country, though slower in its progress, and more cautious in tracing out the unerring path of truth than the laws of most other countries, is not less sure than they are in detecting guilt; and, when guilt of such enormity as yours is detected, the law must take its course. You have, by great and immense bribes, corrupted others to join you, within the very bowels of this country, to become traitors against it, and to endeavour, as much as you could, to ruin the constitution, and to render a land of liberty and of freedom, of justice and of mercy, subject to the most arbitrary sway of its inveterate foe. In such a case therefore as yours, you must expect to receive, from an English court of justice, that punish- | ment which every country would inflict for the same offence. Such efforts as yours have hitherto proved ineffectual, and I trust in God they ever will. But the safety of the state requires that you should be made an example of, to deter others from meriting that fate which awaits you. The sentence of the law in your case is, and this Court doth adjudge, That you be drawn upon a hurdle to the place of execution; that you be there hanged by the neck, but not until you are dead; but that, being alive, you be cut down, and your bowels taken out and burnt before your face; that your head be severed from "The prisoner received the awful doom with great composure, but inveighed against Mr. Lutterloh in warm terms. "It is said that in the last war, he was colonel of the regiment of Soubise, and be haved on several occasions with gallantry. Upon the conclusion of the war his regiment was broke; soon after which the title of baron Deckham [qu. d'Akerman], with an hereditary estate, devolved to him. Having lived beyond the limits of his fortune, he retired to England some few years since, where he has continued to reside till the commission of that act which he is to expiate by the forfeit of his life. "His behaviour throughout the whole of this trying scene exhibited a combination of manliness, steadiness, and presence of mind. He appeared at the same time polite, condescending, and unaffected, and, we presume, could never have stood so firm and collected, at so awful a moment, if, while he felt himself justly convicted as a traitor to the state which gave him protection, he had not, however mistakenly, felt a conscious innocence within his own breast, that he had devoted his life to the service of his country." Annual Register, 1781, p. 185. 565. The Trial* of DAVID TYRIE, for High Treason, at the Assizes at Winchester, held by Adjournment on Saturday, August the 10th; Before the Hon. John Heath, esq. one of the Justices of his Majesty's Court of Common-Pleas: 22 GEORGE III. A. D. 1782. DAVID TYRIE was indicted for falsely, wickedly, and traitorously, (being a subject of Great Britain) compassing, imagining, and intending, the king of and from the royal state, crown, title, power, and government of Great Britain, to depose and wholly deprive; and the king to kill, and bring and put to death; and to fulfil, perfect, and bring to effect, his treason, compassings, and imaginations, as such false traitor, falsely, wickedly, and traitorously composing and writing, and causing to be composed and wrote, divers letters and instructions in writing, to shew and inform Lewis the French king, (who for a long time, and still carries on and prosecutes, by land and by sea, an open and public war against our present king) and his subjects, enemies of our king, of the stations of divers Taken in Short-hand by Joseph Gurney. squadrons of ships of war of our king, enployed in prosecuting and carrying on said war; and also of the service in which divers other ships of war of our king were then employed in prosecuting and carrying on said war; and also of the times of sailing of divers ships of war of our king, and the destination of said ships, and the services in which such ships were employed; and of the times when other ships of war of our king were then expected to sail from this kingdom, and the voyages, cruises, and services, upon which such ships were expected to sail; and also of the times when other ships of war of our king, employed in the prosecution and carrying on of said war, were expected to arrive in this kingdom; and also the number and force of divers ships of war of our king, within certain ports of this kingdom, and of the state and condition of several of said ships ther letter, to be sent to subjects of said French king, in parts beyond the seas, enemies of our king, in which last-mentioned letter said David Tyrie (amongst other things) falsely, wickedly, and traitorously, notified, disclosed, and revealed, to said enemies of our king, the number, and times of sailing, of certain ships or vessels belonging to subjects of our king, from this kingdom to the dominions of our king and other places in parts beyond the seas and said David Tyrie, in prosecution of, and to promote his treason, imaginations, and compassings aforesaid, falsely, wickedly, and traitorously, did send, and procure to be sent, all and singular said several letters, instructions in writing, accounts, lists, and states, to be delivered in parts beyond the seas, to several subjects of said French king, enemies of our king, and that during said war, said David Tyrie, as such false traitor, and in prosecution of his said treason and treasonable purposes, falsely, wickedly, and traitorously, did retain, hire, and procure, and cause to be retained, hired, and procured, William James, to carry and convey from this kingdom unto the kingdom of France, and there to deliver to subjects of said French king, enemies of our king, certain letters, instructions in writing, to inform said French king and his subjects, enemies of our king, of the state, condition, destination, and stations, of the naval forces of the kingdom, and other advice and intelligence, to enable and assist said French king, and his subjects, in the prosecution and carrying on of said war against our king and his subjects -against his duty, and allegiance, &c. and against the statute, at Gosport, 10th of February last, and on other days and times, as well before as after. and also of the times of sailing of divers other ships and vessels of our king, from this kingdom, to the dominions of our king, and other places, in parts beyond the seas; and during said war, as such false traitor, in prosecution of his treason and treasonable purposes, falsely, wickedly, and traitorously composing and writing, and causing and procuring to be composed and wrote, a letter to be sent to subjects of said French king, in parts beyond the seas, enemies of our king; in which said letter said David Tyrie (among other things) wickedly, falsely, and traitorously notified, disclosed, and revealed, to said enemies of our king, that a squadron of ships of war of our king, consisting of the Arethusa, La Prudente, Monsieur, and Recovery, frigates, had sailed from Spithead, on second of February, (meaning second of February last) and were then employed in prosecuting and carrying on said war off Cape La Hogue in France: and in another of said accounts or lists, said David Tyrie falsely, wickedly, and traitorously, notified, disclosed, and revealed, to said enemies of our king, the times of the sailing and destination of divers other ships of war of our king, which had lately before that time sailed from this kingdom for the purpose of convoying the East and West India fleets, and other ships belonging to subjects of our king; and also the stations of divers ships of war of our king, then cruizing on the French coast, against the enemies of our king: and in another of said accounts or lists, said David Tyrie falsely, wickedly, and traitorously, notified, disclosed, and revealed, to said enemies of our king, the number, state, condition, and force, of divers other ships of war of our king, employed in prosecuting and carrying on said war, and the times when such ships were expected to sail from this kingdom, and the voyages, cruizes, and services, upon which such ships were expected to sail; and also the times when divers other ships of war of our king, employed in prosecuting and carrying on said war, were expected to arrive in this kingdom; and also the number and force of the ships of war of our king then repairing in ports within this kingdom: and during said war, said David Tyrie, as such false traitor, in prosecution of his treason and treasonable purposes, falsely, wickedly, and traitorously, composed and wrote, and caused and procured to be composed and wrote, an account or state, to be sent to subjects of said French king; in which said account or state, said David Tyrie notified, disclosed, and revealed, to said enemies of our king, the number, and time of sailing, of ships or vessels of our king, employed as transports, store ships, and victuallers, for the purpose of prosecuting and carrying on said war; and during said intercepted, and did not reach their destination, are war, said David Tyrie, as such false traitor, in prosecution of his treason and treasonable purposes, falsely, maliciously, wickedly, and traitorously, composed and wrote, and caused and procured to be composed and wrote, anoVOL. XXI. Second Count. For unlawfully and traitorously adhering to the king's enemies. The Prisoner having pleaded Not Guilty to the indictment, the pannel was called over by the Clerk of Arraigns; when the Prisoner's Counsel having peremptorily challenged thirty-five of the Jurors, and the Counsel for the Crown three, the following were sworn. Richard Dicker, John Wade, Counsel for the Crown.-Mr. Morris, Mr. Serj. Grose, Mr. Batt. Counsel for the Prisoner.-Mr. Watson. That the writing and sending such letters, &c. with such an intent, although the letters, &c. were overt acts of compassing and immagining the death of the king, and also of adhering to the king's enemies, see Gregg's Case, vol. 14, p. 1371; Hensey's Case, vol. 19, p. 1341; De la Motte's Case, vol. 21, p. 687; and East's Pleas of the Crown, ch. 2, s. 58. 3 G EVIDENCE FOR THE CROWN. Maria Hervey sworn. Examined by Mr. Serjeant Grose.” Where do you live?-In Carvick's-row, Scotland yard. I believe you keep a school?—I do. Do you remember any lady, at any time, coming to you with some papers?--Yes; on Wednesday, the 13th of February. Who was she?-A woman who called herself Askew. What did you do with those papers?-I inspected into them, and then delivered them up to a gentleman of Westminster, Mr. Page. How came you to inspect into them?From various reasons. The lady gave me reason, from what she said, to suspect their being of a criminal nature. What were those reasons? By her saying she had taken three coaches to bring them;' and she appeared very much flurried. She said, the gentleman that delivered them to her was in trouble, and wished to get them off. This created a suspicion in me. I therefore inspected into them; and them all, on the same day, to Mr. Page. gave Cross-examined by Mr. Watson. Had you any acquaintance with Mrs. Askew Very little : I had seen her four or five different times before. Of what nature was your acquaintance with her? Her sister sent a couple of young ladies to school to me, for education. I had seen Mrs. Askew at Mrs. Smith's lodgings. Do you know where Mrs. Askew lived?— No; not when first I became to have some knowledge of her. Did she give any other reason but this for intrusting the papers to you?-No. She before had told me she had something to intrust with me, and wanted a favourable opportunity. How long was that before? About a month or six weeks. And she asked me which was the most eligible time of seeing me alone. I told her my hours of leisure. And she came at that distance of time afterwards?—Yes. Do you recollect pretty perfectly what she said?" Mrs. Hervey, I have something to communicate to you, and wish to find an opportunity of telling you." When she came with the papers, she said, she would take it as a favour if I would take particular care of these papers; and she hoped I would not shew them to any person. I said, No, certainly I shall not shew them; I would not shew my own papers, that were of a family nature; and certainly should not shew them. Had she explained to you that these were papers of a family nature ?-No; but I thought they were so. Had not she told you they were some con * Afterwards one of the Justices B. R. cerns her husband did not know of? No, she told me no such thing. Recollect accurately that part of the conversation?-She said no such thing. The man, she said, had given them to her; he she said. I said, What, Mr. Tyrie? She said, Yes. She said, if Mr. Tyrie was here, he would be very angry with you for calling me Askew, for he took me to church for a name. Did she not tell you she was afraid he should know of these papers?—No; she said no such thing. You said she expressed considerable anxiety? Yes; and was very much flurried. her Mrs. Askew, he would be very angry?— And said, if Mr. Tyrie knew of your calling Yes; but I said she had never passed by any other name in my hearing. She said she was in trouble, and wished to get rid of the papers ?-No; she said he was in trouble. Recollect whether you did not understand from her, at that time, that Mr. Tyrie did not know any thing about these papers?—I had every reason in the world to think he did. What are those reasons? Her saying he' immediately upon my mentioning Mr. Tyrie's name: and from having seen Mr. Tyrie; and from knowing that she lived with Mr. Tyrie. Court. What did you say about what passed upon your mentioning Mr. Tyrie's name?— A. She said, Yes. She said they came from he. I wished to know whether it was he. I had seen them together at her sister's house. said, What, Mr. Tyrie? She said, Yes. Mr. Watson. Upon her saying he' would be angry, you asked who 'he' was; what, Mr. Tyrie A. Yes. But she did not say the papers came from him?-No; she did not. Mr. Serjeant Grose. When she said he,' and you said, What, Mr. Tyrie? how came the name of Mr. Tyrie to occur to you?-d. Because I had frequently heard her sister mention the name of Tyrie, and her sister's children had mentioned it in my school. I had heard her sister mention the name frequently, You said just now she said Mr. Tyrie would be angry? She never mentioned such a word as his anger when I asked if Mr. Tyrie gave her the papers; then she made no an swer. What did she say about his anger, on account of your calling her Askew ?--She said, "If you was to call me Askew in his presence, he would be angry." When she gave the papers, she said he had delivered them to her to get them off. These were the very words. I thought it astonishing she should take three coaches, to bring papers. I asked her what that meant for she said she took three different coaches, in this manner: that she stopped about ten minutes, and then took another; for that he was in a great deal of trouble, that he wished to get them off safe, and that she had taken that method. What did you say next after that ?—I do not recollect that I made any reply to it. I had my own sentiments upon it. I thought there was something very bad. When I said, what, Mr. Tyrie? she was then silent. It was exceeding cold. She had a large Brunswick great coat on. I said, Madam, you have a good covering against the inclemency of the weather; for it is very severe. She said, she had great occasion for it; for she travelled night and day. I said, Travel night and day! you told me you lived at Ranelagh: that is not a great way. She replied, O dear! I have come five hundred miles. You said before, that she said he was in a great deal of trouble, and wished to get them off safe? Court. What that woman said is not evidence. Mr. Serj. Grose. Did I understand you right, that you had seen this lady and Mr. Tyrie together?-A. Yes; I had seen them twice together. Is the prisoner that person?-He is. Mr. Watson. You seem to have mended your evidence in this last account of it; for the account you gave to me was, you called her Mrs. Askew: upon which she said, if he heard you call me Mrs. Askew, he would be angry. That was a part of your evidence, and the point to which you applied in answering my questions to the word 'he.' Now, in your answer to this gentleman, you said the word he' related to the prisoner, when she gave you the papers; that he' was in trouble, and sent them. You said otherwise to me. Which is the truth ?-A. She did not say she brought them from Mr. Tyrie. She said he.' Court. Had you been talking of Mr. Tyrie before? A. No. Mr. Jonathan Page sworn. Examined by Mr. Batt. Do you remember her, at any time, shewing you a bundle of papers? Yes. On what day was it?In the evening of the 13th of February last. She brought the papers to me late in the evening. She did not tell me the nature of them at the time, but she desired I would look at them. I said, as soon as I was at leisure, I would examine them. It was rather late before I was dis engaged. Then I looked them over, and saw the nature of them. I returned them to her, and told her I would consider, against next morning, what was proper to be done. I got up early next morning; and went, with a constable, to her house. I took the papers from her, and left the constable there, with a charge to seize any person who should come to enquire for the papers. I examined the papers fully, marked them, and then sent them to a gentleman at that time in the ministry, the secretary at war. He rejurned them in a short time by his servant, with a note: in consequence of which I went to the Admi ralty with these papers, and saw Mr. Stephens. After that, we went to the office of the secretary of state; and there were two or three meetings upon these papers, and the examining of them. The papers were deli vered at the secretary of state's office, to Mr. Fraser, or Mr. Chamberlayne. Look at these papers, and see whether the marks upon them are, or are not, of your making? They are. And they were marked by you at the se- Mr. John Vowell sworn. Do you know his hand writing?—I do. σε Examined by Mr. Serjeant Grose. Did you ever see Mr. Tyrie write?—I have. Do you know his hand-writing?—I do. Look at these papers, from No. 1 to 8?-L believe these to be his hand-writing. Thomas Flint sworn. Examined by Mr. Butt. I believe you have an employment in the Navy-office?-Yes, I have. In what particular branch?-In the surveyor's office. Look at these papers (No. 1 to 8), are they similar to papers you have in your office so intitled? I have here a book which contains the progress of the navy for the whole year. Where is that book kept?-It is kept in the office. Does this account appear to be a copy of that book?-It appears to be an exact copy. What is the date of the list you are looking at?-The 23d of November, 1781. Now cast your eye over them, and inform the court and jury, whether you find it correspond, or find any difference: if you find any difference, say what that difference is-I have compared it with what is done in his majes ty's yard at Deptford; it exactly corresponds: and in the merchants' yard, where ships are building. At Woolwich, there are two armed store-ships in my book, which are not in this; but these are things of no manner of conse quence. Mr. Morris. I see there are three ships at Deptford less, in this account, than in your's; they are trifling things: one is the Hound sloop, only 14 guns, a cutter, and a yacht. In that list which has been proved to be of the prisoner's hand-writing, there are the names of the captains, together with some characters. Are those, or not, contained in your book?-They are not; the names of captains are never contained in this. How often are these lists made out, and sent to the Navy-office?-Every week. And then you make them out in such a book as you have now before you, from the respective lists sent from the different yards? -Yes. Is that a report of one week from the different yards, or of how long time?—This I have spoken to is of one week only. Look at the paper No. 2. That is without date. Is it such a paper as the other you have spoken to?-No. There are more ships in this account than we have in the original book of the 23d of November, 1781, if it means that day. Cross-examined by Mr. Watson. You say that list of ships resembles the list you have, only with small variations?-It does. But is it a copy of your account? Does it contain the observations, for instance, which your's contains?-Nearly; and I dare say was to answer the same purpose. It is the progress of the navy; and this is a list of the same ships that I mentioned: there are one or two small ships indeed different. I did not look farther than Deptford, the merchant's yards, and Woolwich. Mr. Watson. I meant, whether it contained your official observations. Mr. Batt. What is the title of the book?— A. "An account of the readiness for the sea of his majesty's ships and vessels under repair, and of those building and rebuilding, and of such as lie in harbour." The book contains more than the title imports; for here are all the ships that are building for his majesty in the merchants' yards, which is not mentioned in the title. Does the title of that paper you have looked at correspond with the title of your book? -The words are the very same. (Several of the entries were read.) N° XI. (Proved to be the prisoner's handwriting). It contained a rough draught of a list of ships, with their condition, at the merchants' yards, at Portsmouth, Plymouth, Woolwich, Sheerness, and Harwich. No XIV, and XV.-(The prisoner's writing). They contained a list of the navy of Great Britain, in numerical order, to No. 221 ships, from the Britannia of 100 guns, down to the Seaford, with the number of guns they carry. N° XIX.-(The prisoner's hand-writing) It contained a list of the particulars of a great number of ships. At the bottom, "4th Jan. to Mr. Bonnier. 8th Jan. to Mr. Brodelet." At the bottom of the paper, in another hand, were written these directions: "For Ostend. A Monsieur De Neve, à l'Hôtel de Ville, pour Mr. Dominique Le Moine, à Ostend.” "A Monsieur Bonnier, chez Mr. Dufour, Sellier, Rue de la Cue, à Boulogne." "Mons. Brodelet, Rue St. François au Maria, à Paris." N° XXI. Another direction to Mons. Bon nier, upon a separate piece of paper. No XXII. (The prisoner's hand-writing) contained a list of ships at Spithead on Thursday evening, Jan. 24th, mentioning those which were coming into harbour. N° XXVI. and XXVII.-(The prisoner's hand-writing.) land, the information that I conceive neces "In affairs that regard the navy of Eng sary for the regulation of your friend, may be office; but the particulars that you require had in a summary way from the Admiraltymust come from the different departments for naval affairs. "1st. A correct list of the line-of-battle ships in ordinary, with their state and condition; together with the frigates, sloops, and fire-ships. This may be got from the Navyoffice. denomination, building in the king's and pri"2d. Ditto of all ships of war, of every for their launch. This may also be got from vate dock-yards; with the contracted time N. O. "3d. Ditto of the line-of-battle ships in weight of metal; station; warlike and ship's commission; their numbers of guns, and tually on board; state and condition of the stores; number and quality of the crew acship; with her sea and serviceable qua lities. "It is possible to get all those particulars from the Ñ. O. but the most certain mode would be from the Admiralty, Navy, Ordnance, and Victualling-offices, and the respec tive dock-yards where vessels rendezvous for cleaning and repairing. "Provisions are transported from the Vic hand-tualling-office in London to the different ports committed to the care of the store-keeper, where vessels of war fit out, where they are orders from the Admiralty. The same mode who victuals the outward-bound ships by is observed with ordnance and naval stores. Official lists in general are inaccurate, and the state of our navy from them cannot be depended upon; a communication with an intelligent person at each of the dock-yards is the best channel for procuring and keeping an exact state of the navy. N° XVIII.-A list of ships, not in the prisoner's hand-writing; but a remark against one of them in the prisoner's hand-writing, in which he says, "Going to Mahon or Africa, to be met by the convoy with troops." |