Colonel Townley was first arraigned, and maintained an undaunted demeanour. When he appeared in the dock a murmur ran through the crowded court, which was immediately checked. The counsel for the king were the Attorney-General, Sir John Strange, the Solicitor-General, Sir Richard Lloyd, and the Honourable Mr. York--those for the prisoner were Mr. Serjeant Wynne and Mr. Clayton. The prisoner was charged with procuring arms, ammunition, and other instruments, and composing a regiment for the service of the Pretender to wage war against his most sacred majesty; with marching through and invading several parts of the kingdom, and unlawfully seizing his majesty's treasure in many places for the service of his villainous cause, and taking away the horses and other goods of his majesty's peaceful subjects. The prisoner was furthermore charged, in open defiance of his majesty's undoubted right and title to the crown of these realms, with frequently causing the Pretender's son to be proclaimed in a public and solemn manner as regent, and himself marching at the head of a pretended regiment, which he called the Manchester Regiment. To this indictment the prisoner pleaded not guilty. The chief witness against the prisoner was Ensign Maddox, an officer of the regiment, who had consented to turn evidence for the Crown. Maddox declared that he had marched out with the prisoner as an ensign, but never had any commission, though he carried the colours; that the prisoner gave command as colonel of the Manchester Regiment; and that he ordered the regiment to be drawn up in the churchyard in Manchester, where the Pretender's son reviewed them, and that he marched at the head of the regiment to Derby. That the prisoner marched as colonel of the Manchester Regiment in their retreat from Derby to Carlisle; that he was made by the Pretender's son commandant of Carlisle, and that he took on him the command of the whole rebel forces left there; that he had heard the prisoner have some words with Colonel Hamilton, who was governor of the citadel, for surrendering the place, and not holding out to the last; and that he had particularly seen the prisoner encourage the rebel officers and soldiers to make sallies out on the king's forces. After Maddox's cross examination evidence was produced that Colonel Townley was many years in the French service under a commission from the French king; and since he was taken at Carlisle had been constantly supplied with money from France. Other witnesses were called to invalidate the evidence of Maddox by showing that he was unworthy of credit. But the court ruled that no man who is a liege subject of his majesty can justify taking up arms, and acting in the service of a prince who is actually at war with his majesty.