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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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fCtrninue d from eurSixih page . ) wen : u > ^ r It ;••'• - st Aberysebam , hot it bad a iiSo fe * i > e \ * "de abont to callect the iinif- ^ a the £ -. ; - iivv ni ght , I was at Jones ' r , 5 « r . i ^ ol" bee :-Lv ..-e . at Pantypool , about ^ i . ' -.-utkintlie -. rcub ^ The house i ? k ept by - ss * :- 'V 21 . Joce-.. wai hmaker . I went there to ¦ . Ti ., ± it there wvs a ¦¦ : tingthere , as I had heard . ¦ -, --.- ? & b £ . The :. . - -aconsiderable number of :-.-i . v'jmfcJeJ ¦ - , : r , p - . oane when I reacted it . .-j 5 > . ! ¦ ' i ' rem were *» r ¦ - -. * with guns , some with . ; , hi : 1 others I ? ..- < - -apons wbich I cannot ¦ ., ; i . > . Sntr . e p-mtv . ? * ere above stairs , and » - ti ? beiow ic if ¦ rooms to each floor . I :- ¦ i « 3 -at the Briih-. j ? er-houBB about half an s r * . _•¦¦! . « r « s 7 T « vilK >? # * . Vi « "fn fLrtnM I
tf'ifi x Kft it . '; Jiil not see William Davies . t a'd that nigni . I iw a person of the nam « i ' lle : there . Ht <« a-- not armed as far as 1 .-.. ) heard him $ \ -, ; , \ - ctions to the people out-. ' - . ' icD . r fa goc !;" : le race-conrge , and that .-. - . i " -s gece off- * ' . ^ t . number of men . He - - . : ? nie of a ho ; : ^ :- Trossmont where there . 3 ^ . . He rod - ; r : were blunderbusses and [ ¦¦¦• oric The p ^/ ir went towards therace-L They did aor <¦ n 1 themselves at . all here . I .. r ¦ -. ' - o tie Tfice-oou ^ s . It was about ten o ' clock [ .-- aiJ think whea 1 arrived there . 1 found per-1 : iii -einblea in th&r . a . i apposite the race-course . i u . 1 u * jt go 02 tLe c . 'ti . ^ e , but 1 conld hear by
, L-5 . - ; costing that genie ..- ; * them were on therace-:-. ; rf .. , A gocd mat-y of tfeose in the road v . e Krined . i s-t William Jones , the watchnafcer . sf . Pcntypool , th < re . He was speaka ? * -5 ih the other sen - * ho were there . 1 was : ¦ - ' hJtazi . I « t- - : n : ? fi ta run away , but wag / ¦ prc-i ny i « r ^ i or four ¦ n . < ? n armed , who took me to \ l . I- ' ew iEr . eboat *«¦ * niles and a half from C ; 7 p . x » lj between she : v . ce-couwe and Newport , !• ¦ „ -5 s of a . mile from tt > 3 race-course on the tarnn , iai . It wa # bttwe . ;;; ten and eleven o ' clock p ? : ; . s irrived s . t iSw Scir Inn . The hoose was p , i- tall of pecyle , & £ : ta ; number of . whom were tr . 1 wts taken i&dde . William Jones came
| r . •* .: 3 1 ^ -R 3 tsere , acd entered the house . 1 fe . -.:. ; -ir-i c ^ r the m ; n ont repeatedly . He told fe - 0 turnout asd mar ^ h awards Newport ; that fe . - are' .-xpected b y rte peopl 9 at Newport in p . i / c ; di < : »; that 1 I 14 niits were to go first , and H ... - jiexi , and iie otV ' er ? with whatever weapons . .. vili k * i . i g&w them form ia the road . The - ¦ ¦ -. - uifM . ea tftcmychc * ia rank and file so many X - . : «? ., 1 saw the gnz 3 come ont and stand behind S r ; -r . - . 1 tb ? i < ras away . 1 was obstructed a 9 -r- "me by men arro ^ ^ ritb pistols , who threatm biow my trains > -- if 1 attempted to run m - or > f-seu . 1 did . howeTer , make my escape . rit TO Po ^ typool . ' went no further than « Iqd . . -
. . xaminca sy Mir . Kell y—It was about ten en n ' oi-jck whe ? I made my escape from th « i . D . I hid 4 ' oiie a -little distance towards ¦ i ^ cal whea I was stopped b y the men with tht m Whftn the aen were going out and forming B : e iet (« ca {^ . . It w ? s not so Tery dark at that m It wfct a r « ry Ket bad night . I do not think ; a - . viio met ia = and slopped me knew me . I : ! : rc ? rtli ? c . . [ yrzz 3 Chartist at the time 9 fiiwi the sody about a week before . I had S ; .- <; » , ¦ their public citings , which they held B - w ^ i . icr abaat a twelremonth before . I » - ? t at Moajrevfh when Vincent was tried , or S ;> «> - ;?;« . -i ^ --wn a 3 the news conld reach
9 .. ooi too Csi ^ iUts took a great interest in the m ,:- . There-were some two or three other Char-« -. Ticlea at ? ha fi % me time . I recollect nothing K ; . ;> . t .-r . » being £ r « Mt af satisfaction amongst the Si-: - ms A tii 3 stfjws « u ill-treatment of Vincent . » . , . smhidB vrcis excited by the treatment he «• - ^ v : d , and there wss something aboutapeti-¦•> ' J hi- , was iiuficicutly notorious for me to m . : ¦ : &rd It aliogetlier . I was not a regular mem-»; ¦ ;; ¦ hat tiac . I had gone to meetings before , as m is if » er 1 was ^ r . ifiCTbej . I went Tolnntarily m , » .. i mfot-g . I ban jio notice of it , and it was | : i-. seen I sa ? . - tlit uu ^ bf . is and the aims that I - •• ¦ - . ^ e 3 Jarm ; d . aad inahT got away .
! . - ¦) «»« Forejutacf tl . e . " ury—I think the object K ^ i .:- j pstifcoE -pas that Vincent should be released . I looo ?« fiv , sxamiiiei ! b r the Attorney-General I I : i ? a it yjct MowciJyn , about half a mile from f . - ' ^ p crt . I r ^ coiiwi Sunciay , tho 3 rd November . h Ti ^ d en rJ work in th « furnaces , helping the fc-ineiijr cm inat . etouiug . After I had finished | - ti Trent horns ta sj ! odging 3 . About eight : c £ sen-rs : peopb eac ^ in , amed with spears , ¦ ! Huji-iid ma that T ^ st come with them . I . v ., i « sa ? a ti > ; aka some rictuals , and thej told me . crc wss no time , that we ought to be there ! '•" ., Tneydid cot « ay where . They took me to rfeihns bt-er- ' iouse ' . That is not a quarter ' ¦ ¦ - iiiilfc froEi lay -icasd . There were a great many .. > h r « t Lki'T 5 : U"rr . I saw there but one man ¦
' 3 ^ mntca ^ -j . Orders were then giren r- ¦ u «« ra ^ - ' : •;*¦ an .- '^ urse . Two of the people i > roi ^ l ... ; . ;; LIcv . c . ' i-u ' awere armed . I went s - :. - " : thesLx : L- r £ w-. - = vie . There were a great : ¦ : ; .- £ ! ¦ of :- - - .:-v :-j rb"jv . ;• -. ^ t of whom were armed r ! -fiS .-5 - ¦ ¦ J vyr-i . : " . was about ten o ' clock r- ; w-v . aiv . " » i :, o v ^ c& * our « a ; » Tcry-tlarlC , » -.- ¦ ¦ -r .-i . - pz :-z \ " x - Joneeon therace-eourse , a " - - ! the , ic 3 oe « ij . < - ? ii ; - > a it . I remained there - "" i-e iwl'jvs / iu order was given , I believe m l-u . Joaos i « . niiuhutowardB Newport . N » 9 -: mn . ordered . Th : < ; r . cn marched five abreast i :- ; sj-s- i -. i . TvrrheJ in front , according to the order ¦ ' , . 7 e vcuri , -ff ' ao taiae immediately after the
a -- , - ¦ idts . Thej marched five abreast on the * ,.,, ; : uil . ov . ^ rd ! : Newport . I remember com-| ' ^ / i ¦¦ ' : c <> r- '' Cro ? -y-Kyloz , where we made ••• it . ., ; - , ¦ - . - .- ! ire lucre , William Jones came mp - : ^\ r .. \ c .:. i-. i : h :: ^ . all .: to march to w ards New-K-. ^ l . > . u-jiji u : 1 ? r . ; iad gone into a publicpon v . . * : i t :-i ' . ti'r . i- 1 n rained behind . All the feh :. " t v / . vt ¦ iv vv u .- 'irir . I thought to make my ¦ " ¦ m . ! - aiui -.. i ; ..- ; ii .:, { i . j -eeain the kitchen . W . ¦
a . - : « . » v » , acrj iud .- .: ¦ ' ¦ : ¦ and told me '' if I did fe ~ • : k ; (¦•; he t .: i . -. w out my brains . " He ft ¦ ¦; Lr . : i : * -s n : a . > ¦ .- ; i : ; £ t as he spoke , and then | r- ' -vt 5 ivi re . 'rivv a with the rest towards tjevt .,. . . \ Yh . - x . Lk .. . Hrnpikehalfa mile from IfvjRptrt . 1 £ ivr Jo r iere . It was near one Irdf . k . - 'M . -T v ^ % rr . : ¦ - here . I remained there lifcorif - ; : ! s « r . I ? hon > . ink , or more . I then t&at . c a . 'j -sc ; it from ili . place , and came home to K ^' J'yy- 'u .. / . litre 1 ~ r ; vi about seven o ' clock on Bf 2 r . r . rr 12 ¦ 'ni : ; 5 . > v .: v I eseaped , the men re-¦ wj - <>} - . '• .- iru . . - ^ ite , waiting for the men w « r » v :. ,, -. .. e fieri ; . ' u ; kwood .
» - ? ani !?; e'T » j Sir ; .. Pollock—I was never a wAi- . . ¦ ¦«> r kitf . v . ftls . i » Chartist was .
K * ' .: . c ^ o , csamincu . - Mr . Sergeant Lndlow—&i '~ : - ccJlici , wid live i- Abercairn . Ahout nine ¦ cliH k ct Sunday eveniajj , Not . 3 , I went with >> - ; . !' -- wfctciiraaker . fe the Bristol beer house . Hht > ki ; oL-. a was fui 'i'fcere was no room in it . « 5 ! icf and I v ? ent u * i rtai's , and sat above an hour . B . Eit ^ i or ( he nam 5 of Sbeller asked me where my Suu - s . He thcu Trent down , and brought up a » ig c : Ucr , aad poarc d it oat for the company . I saw la&'iciiKfth al-racc of- listok We went afterfsnl so Cross-y-Kv log . ¦ went there to keep myfcaTr . fe tint I should jic be pressed . It was a I ar : tr to tea o ' clock or Lilf-past nine when I left :
| 3 Sv- ? Sheilc wmt dowr . stairs with me . Before f tf . •;¦ -, ; ^ . t , to go be csid . " It is time , or else we Kia : ; ye too ii : e . Us get up and went down , and tie ?' : ii ' iveiMtj . lweaikd me into the middle of Jtc s : . ' ;• - £ . He said ' H .-9 ia a man who lives at ifw top of TrheBiaid . I < j s one of our society . He « i : ital Cbfirti . 31 . Tl : ^ . s both guns and pistols E h »; -.-. G j fciero &nd ri : -i np the latch of the door E ud like whtt jon iikc . it " e will say nothing at all g 1 r ^•; . '• • He tOi < J we it was the second house at the 5 f . f Tr ^ sauid oa tLe lelt hand . At Cros 3-y-; . yio . i is the paoi ^ e I rcw Jones from eleven to i - fel . - 'i o ' clock . He bacsi'mething in his hand which | c-. id not Ae . I west ia beeause I was very wet . W-M r . o ; 5 t »>! ' a * the house at Trassaurd . 1 went a ^ -Visd tli £ i ' yv . ? i ia ( J i man who was Eent by Slkii j c&iied af ?^ r ine aid said , this is my house . 3 ' ••* -. ¦ & }
•> Gi-CiS-y-Kylog I retarr . ed to Jones , and he said miTirry ; ~ *~ -on , I vn ± blow your brains out if if ^ near ^ bt iuw « ~ ot' yoiu lark . Jones said to me , m imt , iit you coming ! and I said I would eome 9 v xn I wc-iinei csyseif some beer . Ha said , I will a { : s yen a jug . He tk » r went away , and I stopped M '' -h taoorh ? n till half-past fire o ' clock oa Monday B - rniaj { j T-iidii Hfc wont on towards Newport for a 'ai ; . u ( i « i halieriKomilesfrom Cross-y-Kylog . I f st JoDed £ tasc : ug . talking to two men . They left " -Ts ia-i -wc ^ t < - > -.: T ^ vrards Newport . There was a ^ 3 E "l-llifr'i' u \> ia Ji > n «' s arm . They were walk-B f&riu in ; u ! u . Oi » - <> f the two men was called B '^ k . A ssfcrd iad a cjgger were given to him , II « Lc was talit i . > . j ? ' ) on towards Newport . It a yfeat bac < , shards Cros 3-y-Kylog again , IK •'¦ : I ¦ V 2 i : i » > ¦> Jvwi .. 'dj Newport , and saw no more
w > nun . fl | rossteraabed ly Mr . Kelly—I wa 3 at one time gt L ^ riiiit I xai ^ d £ ; : )> scriptioiis for the defence of ¦ ff ' ceat . B our . Plt ujs ? i «* tbn nest witness called ; but , » ^" aa erji niiEatiotoatlie toir dire , and another '•" igi- LtY ^ jg Epqkca »« - « the locality of his rcai-II ' 1 * ' * ° ¦ ^ ' ' * corigjoorcd that the description in II ' : i £ iof mtuejies was so far doubtful that he If ia : not to be csaaiineJ i and his eridence therefore | f . « T i rejected .
krutophcr r . idiagen , examined by Mr . Sergeant ^ uoTf—I am 2 , ba toacr , and live about four miles Wtn Pofltyiwoi , and -, ip > - Crosa-y-Kylog . On Mon-« - . nrr-. u ¦ > .. ; a = . ovember , I wasathomc ; B- ' : ' ¦ " ¦¦ •; . ' : '•' - ' - 'ht o ' clock five or six per-K :. u : r j . : '' - ' -f . •'' "• took me from my home . f i . i .-: ' " - < ' ¦ ;? ad pikes , some hatchet < = r * -iic- -- ¦ •< - ' ' >" ¦ ' ¦ ' •• ithat I must come abn [ kiA x • v * . • . lling to go ; " but I was rAcYfarc ? . Oas of r Ji « m put a spear to me , / fcfrj atid Ib » i ' ^ oied push it into me if I md
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not come . They put it against my waistcoat . I know Jones of Pontypool , the watchmaker He keeps tne Bristol public-house , at Pontypool . I first saw him on that day at Malpas . There were a large number of persons there . There were between 3 001 and 4 , 000 persons . I walked amongst the people There is a place called Crindaneer , near to the Malpas turnpike . There is a lane going towards Ponvlaer , which joins the two roads . The men all went ud that lane from the Pontypool-road towards the Risca-road . Jones said , this is the way , up this ane . That lane led to the turnpike road which leads from Newport to Risca . We met a collier coming across the fields from Newport . H « ^ _ .. 1 . fm _ _____« " i .
np to the hedge , and Jones asked him where he had ^ een- ? f £ e had been t 0 Newport , and that there had been three or four men killed . Jones said , in answer , then we are done . I heard him sav so . He said no more . We followed him through ienylaer . There we left the company dispersed and I went to Newport . I don't know what became of Jones after I left him at Penylaer . A great many of the-body had arms—guns , pikes , pistols and hatchets , and a great variety of weapons . ' Cross-examined by Mr . Kelly—I don ' t know what Joues did after he said " Then we are done . " After I left him at Penylaer-maur I saw no more of him Going towards Penylaer-maur from the place where Jones said "We are done , " is going away from ^ ewport . Penylaer-maur is about a mile and a half distant from Newport , I suppose . Where I was taken trom was about six miles from Cross-y-KyW and we went about six miles . It might have bpfti '
more altogether . It might have been upwards 01 two hours while we were going . I made a deposition on oath . While I was going with the men I did not know what we were goine to do . ° Re-examined by Mr . Sergeant Ludlow—The road upon which we were proceeding would have taken us to Newport , if we had not turned up the lane at Mai pas turnpike . John Matthews , examined by Mr . Sergeant Taifourd-I am m the service of Mr . Proihero , who was a partner of Sir Thomas Phillies . He hi , * w !
beside the Malpas turnpike . I was in his service as gardener . On Monday morning , the 4 th of Nov while I was at my breakfast , a little before nine 0 clock , I heard a noise in the stable-yard . I wen out and saw a great number of men there . Some of them had pikes and some guns , and we had a hatchet . Mr . Prothero ' s coachman was there . Armed men were about him , speaking to him . On . mv coming up one catches hold of me by my jacket ant said "You mHst come along . " I endeavoured to resist them , but was not able . I dare say there were 160 or 150 men in the yard . I went with them , and while with them I heard Jones , of Pontypool inquired for . I was rather before him , and if he was not immediately in sight the people were inquiring for him . I saw him walking amongst them from time to time , but I did not see him do anything There was a person of the name of Aust . I went with them to the Malpas gate . There is a road which goes from the Pontypool road across the canal
and then there is a lane which leads to the Risca road , a short cut from one to the other , without going through Newport . There were some people at the gate who cheered us up the lane . I saw ' Jones in the lane . We halted before we got to the end of the lane . Some persons who had been at the West-gate came , and gate intelligence that they had attacked the Westgate , and had been defeated . I saw Jones at that time . The mob then gathered around , and were conversing with him or he with them ; but what they were speaking ' about I cannot say . I got away int » Newport . Cross-examined b y Mr . Kelly—I was nearly two hours with the mob . When the intelligence was received , ! stood for a little time , and when I could I made my escape . I went into Newport . Some of the mob , at that time , were sitting down , some were standing , and some were going on towards RiscA .
Richard Pugh examined b y the Attorney-General —I keep the Coach and Horses public house at Blackwood . 1 have kept it nine years next March . I know John Frost , the prisoner at the bar , by sight . I know Zephaniah Williams , and William Jones , of Pontypool , tho watchmaker . Mr . Frost was at my house on the Friday . Zephaniah Williams and William Jones were also at my house on rnday , as nigh as I can recollect between eleven and twelve o ' clock in the forenoon . They were altogether at the same time . They were in st long room , as we call the place up stairs . These were also some persons who were strangers to me . They left the house between five and six o ' clock in the evening or ni ght as I can recollect . They had been inthe
together . room . There were thirty altogether in the room as nigh as I C 3 n understand . There were no orders given as to people going in . I did not see them deny anybody , nor hear of it . I had not seen the strangers before that Friday . They had no refreshments in the room . I do not know who the strangers were , or whence they came . It was not stated in the presence of Mr . Frost , Z . Williams , or Jones , the watchmaker , in mv hearing , who the strangers were , nor whence they came . My customer * go into that room when there is not room below stairs . The house was full that day . There was a Chartist lodge in my house , which was established about eight or nine months ago . The Chartist lodge met in that room . Tito time of meeting ' waa Monday evening . This meeting on
the Friday was not a regular meeting of this lodge . The prisoner , and Williams , and Jones , left the house at the same time , or nearly . I saw no more of the prisoner on that day , but he was at my house perhaps for an hour or a little more , on the Saturday evening . I was not in the room and cannot tell who was with him . I saw no more of Zephaniah Williams , as far as I can recollect , from Friday evening until after the disturbance took place . I saw Jones after it was getting dark on the Sunday evening . He had a glass of brandy and water at my house , and left between five and six o ' clock . The fi-st time I saw Mr . Frost
on the Sunday evening was as it was getting dark , between six and seven . He had a glass of beer , and did not stop above ten minutes . There were a sight of people coming and going out all the time . Not one of them that I saw was armed . The people continued coming in and going out about an hour and a half . I heard nothing more that night . I heard people going by almost all night . I could not judge in what direction they were going . I remained in doors on the Friday . Whilst the persous were in the long room on the Friday , I do not remember any persons going up , besides the strangers and the persons I have mentioned .
Cross-examined by Sir F . Pollock—Blackwood is about fourteen miles from Newport . I know the persons of Frost , Jones , and Williams . I did not know any of the other people , except a man of the name of Barwell , who was secretary to the lodge . The judges and jury here retired to take some refreshment . On their return , Edmond Lloyd was called and examined by the Attorney-General—I keep the Royal Oak publichouse at Blackwood . I know John Frost , the prisoner at the bar , and Zephaniah Williams . I know
Jones , the watchmaker , by sight . I never saw Mr . Frost in my house . I saw him in Blackwood three or four times in the week before the riots . Zephaniah Williams ' a horse was put up at my house either for three or four nights during that week ; I cannot recollect what nights these were , when he was taken away by Zephaniah Williams . I cannot tell the day of the month , but I believe the three days that thehoree was there Wednesday , Thursday , and Friday . Wm . Jones was at my house about the middle of thatweek . The Thursday or Friday Z . Williams and he came in together and talked to one another , but they took no refreshment .
The witness was not cross-examined . Joseph Stockdale , examined by the Solieitoi General—I live at Aberystwith . I remember Sunday , the 3 d of November , before the riots at Newport . 1 was near Zephaniah Williams ' s house on the Sunday morning . There were a great many people there between five and six o ' clock . He spoke to me about going to the Mils , and told me to bring a weapon of some sort with me . He told me I should meet with 14 , 000 more on the hills . He did not sav anvthing
about where arms were to be got . He did not tell me any more about weapons , where they were to be had or not . I did not go to the hills . Isot cross-examined . William Henry Williams , examined by the Solieitor-General-I know Mr . Crossfield very well . Was in partnershi p with him some time since . Ho is * considerable dealer in gunpowder , and supplies the mines very considerabl y with that article . He has 1 , 000 barrels a year . He has a warehouse in the borough of Newport .
Cross-examined by Mr . Pollock—I was in partnership with him nine or ten years ago . He is still alive . I have since then known of his sending in and delivering out powder . What brought me to his place was other business . I know nothing of his business beyond any one else . The barrel of gunpowder is 1091 b 3 weight . They are always the same weight ; but I n 8 rer saw one weighed . Moses Scard , examined by Mr . Wightinau—I am one of the police of Newport . I was in Newport on the 4 th of November last . I was present at the attack on the Westgate . I saw the crowd that was ia front . Some of them were armed with guns , others with pikee and mandrils . When the attack was ov er
I saw the mob dispersing . I saw one man throw away a pike . I saw also weapons lying about Vf ' aere the riot had been . ( Witness here , ar the desire of the court , produced some of the arms that had been found—one gun aud a sword , and a mandril , pikes , long iron rods sharpened at the ead , some well made , hnt the major part of them of Tery rot j « h and hasty workmanship . ) I picked np oae or f , vo guns . I found some of the arms lying 011 the line in which the mob was running away . I think I F / icked up about 250 of these sort of arms . 1 kuovv that there are powder-houses in Newport—that is , f laces where powder is kept . One of those places u . three-quarters of a mile from the poor-housi ? . r p } . powdcrliouse T refer to is a different one ¦ to Mr " . Crossfields .
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Cross-examined by Mr . Kelly—I was at the Westgate inn for five minutes when the attack was going on . I was not there at the end of the business . I have been examined several times before the magistrates . I know a man with a wooden leg , named Turner . I believe I saw that man in Newport . 1 have doubted since about my seeing Turner . I will not swear positively now that I saw Turner there that day , but I believe I did . I saw a mau with a wooden leg in front of the Westgate . _ I did not know Turner personally before that time , but I have since seen him very often . Mr . Kelly—You tell ma now you have a doubt about Turner . Witness—I have . Have you never said you had no doubt ! -I have said so .
[ In the course of the examination of the last witness some laughter was caused in court by some of the pikes , which the witness was identifying , fallingover the seat on which the Attorney-General and tho Crown lawyers were sitting . ] Thomas Watts , examined by Mr . Talbot—I was on the road to Newport on the 4 th of November . I saw pikes and guns l ying on the tramroad . There were 200 or 300 pikes , like those produced in court . I saw , I am sure , from 8 , 000 to 10 , 000 people running . I saw about forty or fifty with guns .
A discussion arose upon an objection raised by Sir F . Pollock to the description of Morgan James , which he contended was vague and incorrect . The description of the witness in the panel was " Morgan James , of Pillgwenlly , in tho parish of St . Woollas , in the borough of Newport , collier , sometimes abiding in the house of his son , Johu JaraeB , of the parish of Bedwelty , in the connty of Monmouth , collier . " On the examination upon the voir dire , it appeared that the witness usually resided with his son for the purposes of his work , but that he went up once a month to Pillgwenlly ( where he had rented a house for eleven years , and where his wife let lodgings ) to purchase provisions . It also appeared that the son ' s house was in the parish of Moneythrastline , and not in that of Bedwelty . The objection wa » allowed .
General—I am a solicitor , living in Newport , and I am also clerk to the magistrates . I usually reside at Newport . I left home on the 3 d of November , and returned the next morning between the hours often and eleven o ' clock . I know the Westgate inn . I came into tho street ( Commercial-street ) in which is the Westgate inn . The first thing I noticed in the street was a dead body under the portico of the the mayor ' s house , which is on the right side of the street opposite the Westgate inn . I saw that morning nine dead bodies altogether . When 1 first saw them they were dying . A warrant had been that day granted against Mr . Frost , the prisoner . Mr . Frost has a shop , and carries on business as a draper in the town of Newport . The warrant for the apprehension of Mr . Frost was issued at five o ' clock . I had also a search warrant for the purpose of searching his house .
The warrants were here asked for by Sir F . Pollock . Mr . PhillipB said he had not them in Court , but promised to produce them in the middle of the day . Examination resumed—I went to Mr . Frost ' s house with the superintendent of police Mr . Frost was not to be found in his house when we went there . I afterwards went to Partridge ' s house , but not in search of Mr . Frost . I had a search warrant for Partridge ' s house . I went to the house attended by some special constables . It was between the hours of seven and eight o ' clock when I went there . I knocked at the door of Partridge ' s house , but no notice was taken of my knocking . I then attempted to enter the house , but fiudingthedoorfastened . Icalled
out" Partridge , " and he said , •¦ I am gone to bed . " I said , " Get up , and open the door , or I must force it open . " The door not being opened , I forced it open . I heard the irons that seemed to fasten the door inside falling down , and then when the door was opened I saw within two yards of it Mr . Frost , standing . He was facing me . The cottage in which Partridge lives is a very small one , and the door opens from the street into the room . There is no passage . Charles Walters was also in the room with Mr . Frost . Walters is the person included in this indictment . Partridgowas also there . These three persons were all in the same room together . I walked up to Mr . Frost . I laid my hand upon his shoulder on on » Bide , and Mr . Roger , who was
with me , laid his hand on his other shoulder , and said to Mr . Frost , you are a prisoner . Mr . Frost said , Very well , 1 will go with you directly . I said , No ; I am not yet prepared to go with you . For I had the search warrant to execute . I then searched the house . Mr . Frost appeared to me at the tima to be very much fatigued , and he himself told me " that he felt uncommonly uncomfortable . " He walked arm and arm with me from Partridge ' s housa to the Westgate Inn . The one place ia distant about a quarter of a mile from the oth * r . At the time he was arrested , Mr . Frost was not searched . He was not searched till we got to the Westgate Jnn . Upon being .. searched , there were found «« t him" thteejriBtols , a powder flask and
some balls . The balls , 1 believe , were loose in hi » pocket . Upon Walters being searched , there were found upon him four pistols , powder , ballB , and some lucifer matches . Tho pistols found on Mr . Frost were all loaded . [ The pistols were produced b y the witness . ] Two of them were very small pocket pistols , the third of that description which was generally called Buil Dog . The pistols are still loaded , but the caps are taken off . There were in the paper nine balls . ' Frost ' s powder flask was nearly full . Upon Walters there were about forty or fifty balls found . The prisoner Frost was committed to gaol . Cross-examined by Sir F . Pollock—I had a search warrant for Mr . Frost s houso , and I executed it .
I searched the room that Mr . Frost usually sat in ; it was where he usually sat as a magistrate . I searched for his papers . I found all his papers open . There were a great many papers in his handwriting , which were lying on shelves and other places . They were all handed to me by oae of his daughters , who remained in the room all the tim « with me . Mr . Frost ' s family consists of Mrs . Frost , fiva daughters , and I believo two sons , one of whom I think is abroad . I made the search late on that evening . I think it was between seven and eight o ' clock . I made the search before Mr . Frost was arrested . Miss Frost handed her father ' s papers . The placeB that she took them from
appeared to be those whero he usually kept his papers . I first saw Mrs . Frost and told her what my business was and the family then assisted me in giving me the papers . Two of Mr . Frost ' s daughters were in the room all the time I was there . ( Witness here pointed out on the map the respective situations of Partridge ' s cottage and Mr . Frost ' s house . ) The back of Mr . Frost ' s house is not far from Partridge ' s . Partridge ' s house is in a lane , and a sort of field or garden separates them . Partridge was very frequently employed as a printer b y Mr . Frost . I have known Mr . irost a very long time—for a great number of years . When he heard my voice he must have known it .
Re-examined by the Attorney-General—There is a back communication between tho houses of Mr . Frost and Partridge , that is through fields . Coming from Tredegar Park to Newport by the road , one would come much sooner to Frost ' s house than to Partridge ' s ; but going by the paths along the fields , the shorter way is to Partridge ' s house . When I was looking over the files of papers in Partridge ' s houso , Mr . Frost asked me by what authority I was searching them . . 1 replied to him that I did net think it necessary to tell him what was my
authority . He then said to me , " If you expect to find any of my papers there , you will Tbe disappointed . " The Attorney-General—This , my Lords , closes the case for the Crown . Sir F . Pollock—Perhaps your Lordships will not all upon me to speak at this late hour ? Chief Justice Tindal—Certainly not , Sir Frederick , unless you yourself wish it . At the request of the Foreman , orders were then given by the Chief Justice so that the Jury might be enabled to take the air , not only during the evening , but in the course of the next day . The Court adjourned , at a quarter to four o ' clock , until Monday merning .
SIXTH DAT . THE DEFENCE . Monmouth , Monday Night . Their Lordships took their seats at nine •' clock precisely . Sir FREDERICK POLLOCK—May it please your Lordships , and Gentlemen of the Jury , —It is now my duty to address you on behalf of the prjj soner Mr . John Frost , and to state to you wharfs his answer to the charge that has been made SgSlDSt him . My learned friend towards the close of hit address , spoke of the difficult task which the prisoner ' s counsel would have to perform . 1 do Hot agree with my learned friend ; and 1 would to God that 1 had as little difficulty in relieving Mr . Frost
from every charge of criminality on that fatal and eventful day , as 1 believe 1 have in answering the charge of high treason . 1 believe 1 shall satisfy you , certainly 1 believe so that I shall bring the tons within the compass of tho ^ e expressions used by the Attorney-General , and that will entitle the prisoner to y our verdict of acquittal . 1 b the eourse of my address 1 must entreat your indulgence to me . To " me criminal business i * exceedingly new—a charge of hig h treason altogether ho . The business of this court ( o opposed to that of \ hs other ) is always accompanied with feelings of anxiety to me so intense aud painful , and almost overwhelming , that 1 have on all occasions , wbere 1 could with propriety do so , declined it altogf iher . But , o& the
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present occasion , 1 readily accepted the office . 1 thought it my duty , when called upon , to undertake this task ; aud 1 stated to the gentleman who first applied to me on the instant , asd without hesitation that if 1 could make it accord with my professional engagement ? , it would be a want of manliness on my part if 1 did not give Mr . Frost the benefit of any services which he wished to command . 1 am sure that my learned friend will cordially agree with me that no loyal subject can be betcer employed than in thus disproving the existsnee of treason ; and in satisf ying you and the public at large that there has been no case of that complexion , whatever degree ef criminality of another sort may attach to it . 1 am far from making any complaint , as sometimes has been made on occasions of this
sort—on occasions of such solemn , and 1 may say almost sny awful proceedings-as those in which you are called to take a part . 1 make no complaint of the issuing of a special commissien on the charge of high treason being preferred ; and , least of all , do 1 make a complaint of the manner in which these proceedings have been conducted . 1 think it quite right , on occasions when the public peace has been flagrantly disturbed when numbers of her Majesty ' s subjects have been a larmed by the events which you have heard described by my learned friend , and to some extent proved by the witHegnes who have been examined , 1 think it quite right that these thiags should be as earl y as possible investigated , the law vindicated , the offenders punished , and that
species of protection given to her Majesty ' s peaceable subjects wbich results from the law taking instant cognizance of such proceedings , of ascertaining tha character and nature o f the offence an awarding to it its due punishment , nor do 1 complain of the form of proceeding being that of hieh treason . 1 think it becomes the law officers of the crown under all the circumstances that first presented themselves , so offer that charge to your notice ; nor has the prisoner himself any reason to complain that it puts him in a worse position than he would otherwise occupy . From the earliest period of our history , and from all that 1 have read and heard of questions of this sort , it will be found that those who have been most engaged in conflicts with the crown for the liberties of the subject especi individuals
ally guarded charged with high treason . The prisoner so . charged -is protected b y having a copy of the indictment ten days before the triala privilege from which others are excluded . He is also protected by having a list of the jurors and a list of the witnesses against him . And even before the Prisoner ' s Counsel Bill had passed , he had the privilege of being full y defended b y such advocates as must be assigned by the court ; and even the inexperience , in the present ease , of the counsel assigned has been a benefit to the prisoner , for instead of taking the practice of the law from any books , we sat down with the act of Parliament before us—we had the original documents in our view , and even our very inexperience induced us to exeroise that caution and vi gilance which has given rise to that point which my l . rds have deemed sa
important as ts reserve it for further consideration . With respect to the proceedings which have occurred in your presence so far as the learned judges are cencerned , so far from being entitled to make any complaint , I do most full y and abs olutely declare that justice wasnever-I was about to say so ablycertainly never so satisfactorily administered from the court in such case as the present . I have never known on any occasion I have never read of any proceedings of this sort which have been conducted with such patient and untiring attention tn thapart of the learned judges presiding ; and 1 do , on the prisoner ' s behalf , mostfally and deeply thank them for the time and consideration—for the patience in hearing every point suggested for their readiness in
giving the prisoner ' s counsel every possible opportunity of hearing and getting at the truth of the evi . dence and for the consideration which they have been enabled to give that evidence before they were called upon to address you for the defence . To you also , gentlemen of the jury , far your ready acquiescence in the suggestions of the counsel at lhe bar , and lor your cheerful endurance of wha » all persons will admit to be the greatest inconvenience—your protracted absence from your homes and your business- my sincere and cordial thanks are folly due and most fully and gratefully rendered . It ig } permii me to add , a very good omen for the administration of justice . Thus far every thing has been satisfactory . Of my learned friend ' s opening addiesii 1 havenothing to complain . It was short—1 think ifc was meagre . He abstained very much trom a detailed statement . 1 make no complaint of that ,. becaure 1 ascribe it partly to the moderation
and forbearance of ray learned friend , and partly also to the nature of the cbbs he had to disclose , 1 know that it woald be satisfactory to me if instead ofthe cajje being summed up as it will be by my learnedfriend the SoJ | ieit ^ Qaneral , ititd-beenin ' | 6 jae -degrse ""^ et jiilga , * t the opening . ; it would aave Vesn gome assistance to me in looking at that evidence the giving of whieh has oocupied three not , very short days * . JJ . would liave been of great assistance / to me if my learned friend had stated distinctly and precisel y , not a few general points—not that so and bo was treason—not that eome general facts would be proved to bring borae guilt to Mr . Frost , but what were the particular fabts , or what the particular declarations on which he meant to rely , as bringing home the charge to the prisoner at the » ar . And after I kad heard the evidence I own it weuld still have been further assistance to m « if he had said which it waB of thp
many inconsistent pjrfa of this case ke meant to ado . pt ; for not only i «| t in one , or in two , but in ten instances that it will b > , found that the evidenee of one part of the case is Completely at variance with the . evidence of the other , and 1 should like to know which of tho 3 e incontinent statements it was that ray learned friend meant to say was the true one ; , wnioh one it was of the varied , absurd , and isconsiatent disclosures supposed te be made by ray learned friend adopted as the true ne . Aud it would have been gratifying to me to have learned wkether such and suoh a witness , whose misconduct . 1 might : almost say whose infamy , 1 believe , has already distinctly appeared to you would be adopted by my learned friend as trustworthy . 1 ahould like to
have asked my learned friead which of the witnesses , thirty-nine in number , he has called—which , of them he required of you to believe , which it was that he relied upon when he would ask of you to give your verdict against the prisoner . Gentlemen , 1 believe it was not heoause my learned friend had any desire to keep back remarks that ought to be made . 1 should do him an injustice if 1 were to put forth an j such complaint ; but 1 believe it arose from this , that my learned friend distrusted his own casf . He was afraid to state circumstances which might possibly be contradicted and knowing this , that the case wsuld come to be sifted ; and my learned friend being fully instructed , seemed to consider it was of such a descriptionthat the least said
, of it the better . 1 de complain that he did nofrgite us his , statement in detail ; that he gave an outline 1 do nqt deny . 1 should Vkt Whave knewn how my friend would have put the case , ; and not left to the Solicitor-General to collect togother the scattered fragmento of the evidence upon which he will call charge is oae which , our law liwayg consideredand believe * justly bo—to b « the highest crime agaifiBtthe state . It is one , also , ' which is . visited with the severest punishment . This charge you trill now find presented ' to yon in aa indictmont of fonr very long counts . I maxe no complaint of the form of pleadings' in our courts of law ,, whether criminal or eivil . But here , yon perceive * the four
counts of the indictment contain much ,, certainly , of repetition , and a plain man of sense might wonder that a charge apparently so plain should be involved in bo much circumlocution and repetition as mates it exceedingly difficult for aa unlearned and uninformed person to know what it means , or why there should be so many counts ,, or so many repetitions in the game count . I believe I have my learned friend ' s authority for saying , that yon need not give yonrnelve * much trouble in directing your attention to the third and fourth count * , that is , so far as they involve a personal attack on the Queen . I beliwe I may say that my learned friend ' s speech shewed yon that this charge conld not ba sustained ; and so it is with reference to tbe charge of the
Government . It is , I believe , on the fourth count my learned friend , if I recollect right , did not point it out as one which would call for much attention ftomyou or from me I thus call your particular attention to the third and fourth counts now , as these are the charges contained in them , so far as I could collect from reading them . The first count , upon which my learned friend relies , is for levying war for & certain defined object ; the second connt , is for levying and making war generally . I believo I shall be able to satisfy yon , in stating the offence of Mr . Frost , that h 6 is not guilty . I mean to confine myself to the second connt of the indictment , for I am not aware that , BubRtantially , the charge in the second count differs from that in the first , except that the second states a certain
purpose . Baron Parke obsened that there was not much difference between them , but the first contained more particulars than the second . Sir F . Pollock—But the second states the levying of war in very general terms . The Attorney-General—I am sorry to interrupt my learned friend , but I think it right to inform him that I do cot ir , eaB to give np the third and fourth , counts ,
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Sir F . Pollock—I am somewhat . snrprised at my learned friends interruption . In my learned friend ' opening address to you he said that vour attention would be directed to the first and sVcJnd counts . When he said this it appeared to me \ ' « much an abandonment by an Attorney-General of a third or fonrth count as any Attornoj-Genpral cO * ld possibly give . I am , then , rather astonished , when 1 compare hia opening address with what h e now says 1 for he says now though I told you 0 / 1 the opening your attention would be purticnlarl ) * addressed to the first and second corrnte , yet I i'ow tell you it must ba called to the third and fumt " aho . But , gentlemen , the intimation from m learned friend produces no change of purpose in my mind—alters not a j& the view of the snbiect which
I had taken , aud which is confirmed by what has fallen from the bench—not » tating that the- Attorney-General ought to abandon the third andfourth eonnts of the indictaient but that in substance the 1 st and 3 d counts contained the same offence—the levying of war ; and 1 undertake to say , that at the conclusion of this case , unless the levying of war , and that for a treasonable object , be made out , Mr . Frost is in no danger whatever on the third and fourth connts of the indrctraent . Certainl y , gentlemen , I am indebted to my learned friend for explicitly stating on the partcf the Crown what is your duty on this important and solemn occasion . Says my learned tnend at the outset , "You are to presume Mr . 1-rost to be innocent ; yon are to begin the inquiry with every presumption in favour of his innnrmri
until asssiled by proof ; " and my learned friend said , "lhe evidence to prove himotherwise thaninnoceu must not be lef - . m ambiguity—you must be in a situation from strong , clear and convincing evidence distinctly to see that you are doing no possible wrong to anyone by the verdict . " Every doubt , every difficulty is to be resolved according to the original presumption with which , a * my learned friend said , you were to set out ; and if it be consistent with the inmocence of the prisoner , you are to adhere to the presumption with which you began and to believe Mr . Frost innocent , until by the strong , clear , and convincing evidence which my learned friend admitted to be indispensable , you find youwelves bound and compelled , acting under the conviction produced by that htrons ; and clear evidence .
to produce a verdict of guilty . In my judgment , gentlemen , the great point in this important enquiry—important not merel y to Mr . Frost himself , who stand * at that bar , awaiting the issue of your verdict , for life or death , but important to the country in which we sit , important to the kingdem at large , under whose government we live ; and the great question will be this—was the proceeding of Sunday , Nov . 3 d , which terminated in the fatal transactions of the Monday morning , fatal onlv to the persons who were unfortunately engaged in " the transactions , was that—whatever yoa may call toby whatever name it is to be designated , criminal I admit it to have b * en—was it done with any treasonable purpose , aud was that treasonable purpose existing in the mind of Mr . Frost at the time
he concersed , if he did concert , that proceeding , or joined , as I mustadmit he didjoin inir ,. and marched with those persons from the Welch Oak where , I think , we first find him , down to thecorner of the Westgate Inn , whero he appears to have been lost sight of . Gentlemen , I take that to be the great question m the case . If 1 can satisfy you ,, as 1 feel v * ry confident 1 have the means of doing—L do not feel so confident as to the use 1 may make of those means—but 1 must ask on your part all the indulgence which will be necessary while , by and by , 1 call your attention to all the important part of this melancholy transaction . ] f 1 satisfy yon ,. e » 1 think 1 have the means of doing , that th * re is no evidence on which the least reliance can be placed ,, even as the matter now standsby which can comeas
, you , reasonable and judicious men , to the conclusion that this treasonable purpose existed : still more , il there are certain parts of the transaction-which 1 can prove not to be as they have been stated ,, then Mr . Frost will be entitled , whatever mny have been the criminality of the meeting—the marching—the arming—the alarm—the terror , and the fatal consequences which ensued—how criminal soever these things may have been—however much to be dep ] i > red and lamented ; if 1 can satisfy you that the purpose was not a treasonable one , then Mr . Frost will be entitled to your verdict of acquittal . Nor * , gentlemen , do 1 feel any alarm as to any prejudice on your minds to his injury . Many years ago ,, perhaps the advocate of a prisoner under these ciromstances might have felt a degree of donbt almost to
, approaching despair , in a case where undoubtedly armed pewons were collected , where marching had taken place in different directions of the kingdom , and where the transaction ended , as my learned friend has said , in bloodshed—a doubt , I Bay , might many year * ago have been felt by counsel how far a Jury would discriminate and do justice to different parts of the same transaction , and how far they might be carried by their indignation 1 at the consequences , so as to give a character to the transaction which legitimatel y does not belong to it . But I speak not to flatter you , Gentl&nen , sitting in that box , nor indeed to flattt-r the general body of jurors to which you belong , butj dp thank . . God that * ro , liv » in a time' when ~ iBere"Ki . -tb . at general diffusion of intel iigence—still More , . that low of
general g independence by which you will , I am » ure be animated unhesitatingly to fulfil tout duty ; and if I can satisf y yen that the object of the meeting was not for the pnrposes of treawn , you will not be misled by any strong comments which may be made on the mischief that was done , oron the sufferings of the wonnded , circumstances which 1 feel had nothing to do with the transactioor-by any remarks on the lawless character of the transaction before it terminated in the deplorable ewnft m front of the Wentgnte . Yon will not be misled by cireumstances foreign from the transaction ,. but your intelligence will discern , and yoar indepen . dence will give effect to your judgment ; and if 1 can persuade you that Mr . Frost had no treasonable intention , yon will give him the benefit of that jpdg *
nwnt , aye , even of a donbt whether you can come to an opposite judgment from that which it will be my duty to ask at yonr hands . Nor , Gentlemen ,, let it be supposed that any one under these reaiuw , or in this connty , or in this court , han an interest in a verdict of an opposite character . If 1 can make oat that Mr . Frost is not guilty of treason , so far from that being a verdict to be heard with regret , or thartany one will have to deplore , it is of all others under ouch circumstances as these , the on » that would give the greatest satisfaction to this county , to the kingdom , and to the public at large—of all others , it u that which would best reassure those whom thi » transaction has alarmed , if U can shew that this wide spread of dangerous and destructive treason has no foundation in fact—if I
can satisfy yon that the thousands and thousands who were there assembled had no treasonableobject in view 1 relieve thi » country from a stain , a charge an imputation of the blackest and deepest dye—1 give an assurance that the alarm which has spread from county to county , all over England , isaot well fonnded , that no person need be afraid of a-repetition of the lawless violence which prevailed 00 the 3 d and 4 > th of November , and that should even » uch an assembly again meet , it will not be for purposes of treason ,, or for any of thoie objects which create alarm and terror as being inconsistent with the publk safety . Now , gentlemen , before I proceed to consider the evidence of my learned friend ,. I must make a few observations as to the time when we are now assembled and considering this important
question . I mean to make no reflections upon those who now guided the Councils of her Majesty ... I have no instructions ,, and I have no inclination to utter one word of bitterness or asperity against indiridnalii from whom personally I entirely differt on many political subject )); . Above all , I should regret if anything jrfu $ h might fall from , me wera calculated tojiYeperdonwp&iato any absent party . Batitis iM ^ ossible to cpoaider the 1 character of . these tran-8 aouti& 8 without adverting shortly ,, hastily , aii' ^ lightly to the transactions which have occurred within the last seven or eight yeavs . Some years ago , gentlemen , meetings , such as- the evidence tells us took place at the Welsh Oak at Pontypool , and at that other place where Zephaniah Williams assembled those under him—gome Years bko
meetings of this description would haw * baen deemed of themselves almost without anything more , indiev tiong of treasonable designs . Gentlemen , th * law cannot be altered by the conduct of those who are called upon to obey it , » nd I make that admiasiou to my lords ca the bench , because , in the few remarks I shall have to make on this part of the case , 1 da not mean to say that any change of the law has ascurred by the nilaxed discipline of society within some years , btvt 1 do mean to say distinctly , from what has actuall y taken place , that when yoa have permitted , pet haps , in gome instances even sanctioned , a very different estimation to be held of public meetings , aye , aud even of armed meeting * ,, from that wh \ uh " might have occurred twenty or thirty years agc > the object and intentions of a party ma ; receive , at the close of the year 1839 , a construction farmor& favourabl e , and justly favourable , than , perhaps , might fairly have been awarded to it in the earlier periods of the
history of this country , widi which you ,, gentlemen , and 1 are familiar . 1 do not go back te anvvery remote period . Gentlemen , we bate lived to see thousands , 1 believe 1 should net be wrong if 1 said hundreds of thousands of men coll jcted for the purpose of . exhibiting their number « , and of showing their strength . Aye , and we have lived to see these numbers displayed , and tint at rength exhibited , for the purpose of interfering ¦ with a change of the ttystem of government . A'ccord ' . ng to the strict letter of tbe law as laid down by my learned friend the o-her day , the one or two hundred thousand persons who assembled at \ V hite Conduit Honse , 1 think it was , a few years ay _ o , nnd marched in mililary array , a certain number . j n eavh rank , and the rauka following each othr , like tin armed force , who marched thus to the offr : 0 of ths Home Secretary , and presented a petir " lOn complaining of their grievances , aad praying for 8 n alteration of the constitution , according ' - the strict letter of the law , those men were gnilty of hig h treason ; there can be
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no doubt that Htras are not flpcessary . accord- ' ing to the coHstrnctiun of the flftiftte j to the lefj * ing of war . Yet . 1 am < ure such is thfl general information which pervaies all ranks of socisty fiow ; such , is the livel y attention which every one ^ ys topublic , affair . * , that 1 cannot be addressing tKelv& gentlemen of your station in life , without , perhaps , every one of you being aware that when that e # . traordicary event took place , when tie leaderu o 5 that assemblage wore admitted to a personal commpnication with an under Secretary of State , when a gigantic petition corresponding with that vast army of men ww unfolded in an inner chamber of the seat 01 Government , and when they were discharge , ! cannot say without a reprimand : f » r T B *« a ... . __ * " — *
believe taey were told that their proceeding ' s were \ inlawfill , end , if I mistake not , they Wfr < » allowed tc deposit the bnrden of their petition in the chumbei "s of Government , but were told that comm * in that' fashion , it was more like treason or public tunu'lt t to which no attention ought to be paid Bat in ¦ ' notice was taken of the matter , and those 10 O , 00 V or 200 , 000 men returned that ni « ht to their peaceful ' homes , after having marched through the public » U "pets until all London was alarmed at the sight of jo powerful an army—for r-all y such I may call it—1 bV'iieve this was after the pnsiing of the Reform Bill , but at the period of the Reform agitation , which commenced so early as the introduction of the first biil , in February or March , 1831 . 1 think
at that period , Vi various parts of the kingdom , per . sons assembled i . " » numbers , to show their strength , aad to exhibit b ) what preponderating and overpowering numbers the expectation of reform wa » entertained , and its lioctriues were to be enforced ; and in one of thi moa t populous parts of the kingdam ( I mean Birming'ham ) persons assembled and talked ef marching fc > London and encampingnot as-an army—oalno ,- gentlemen , but as a body of petitioners come to represent their grievvancea ; . they were to cjrae from Birmingham and encamp in tho neig ^ uurhood of London .. of course not to overawe the Ifouscof Lordij ; nothing ot the kmd ; but in order tin * those persons in London , and especially in tho Legislature who wcr * opposed to' Retorin , might beware how larjjc a body ot men-formidable and fearftl-if
unarmsdirresis-,. - time it armed—werom the neighbourhood and ready - to bear a part ia the agitation- oPthedayt With ' that body , possessing bo much 3 < wer and strength , I believo some members of tho government were in actual communication . That ia matter of history 5 : and there is no moro doubt of whaVhas been pasaingwithin the last seven or eight ycarothan there is wehave to-day the happiness of living ander a tfracioui Sovereign , and'have the prospoct of much happinewand prosperity in living under her mild and benoficentrule . Under the namo of aviation what lias * not been done in every town and corner , of the kingdom ? If wo pass—and I shall do it lightl y , because I do it reluotantly—if wo pass for a ' moment , and take a glance at the sister country , how familiarly do we hear of petitions from 500 , 01 ) 0 people ? 1 shall
say no more on that subject ; but I call upon you , gentlemen , to remember theso transactions whon you comoto delivor your verdict upon this charge of high treason ,. andiek it be understood , that without altering the law ,, ii has been bo far practically relaxed by tho permission ,, if not actual encouragement ,. afforded to such proceedings , that it would-bemost unjust to uss tho same raeasuro which was formerly in use .. As to tho motives of parties , it would not be just to weigh in tho same scales , ia which it would formerly have been weighed , ths transaction into which you aro making enquiry . Gentlemen , I shall now proceed to call your attention to the manner in which my learned friend has made out his case ., liefore I do that , I may , however be allowed tosay that my course , in order to
001 am me ODjec ; i < have in view , will be merel y . on this part of the case to comment upon the testimony which lias been actually given , aud to add to thost comments a remark-or two on the evidenco which I shall be in a condition to offer . Gentlemen , I have no eloquence to lay . before you—I havo nothing to offer but remarks—of the value of which you are to judge—upon the case as it has been and as it will beproved . At tho same tims , do not understand me to disclaim any appeal to-your feelings or position . Tho- ; feelings and the sentiments and the habits of- ' me * have far moro iufluenco upon their general conduct than the calm evidence of reason . Na-y , oven their passions frequently come in aud exercise an important sometimes an uncontrollable sway . For you to be
addressed aa sitting thore calmly to hear and coldly to decide upon moro reason and CTidenno , does appear to me not in accordance with tho duty I have t » discharge . When you come to decide upo » human oonduct , you . must be prepared to judge and to feel as jurorsj and also to judge aud t » feel as mon ; and the ^ m aa who onters that box - without being ready to sympathise with his fellowmen , and to enter into all the feelings and sentiments , and even passions , which aetuate him , is but half furnished for the important duty ha has to discharge . Gentlemen ^ . my friGud ' B case has , I think , been very skilfully raarsnalledl He is an experienced ! and an able general , and I think he has mado the mest of the forces which ha had to bring into tha
field .. Hiacase is tsSa—and the evidence , as you all remember , from the manner ia which it wan arranged ,. I have no doufefc , oa .-purpose by the officers of the Crown , presents a clearer viaw of it than if the witnesses had been callod indieeriaunatel y to give evidence upon different , parts of the case . My learned . friend began b y pwving whal occurred on the fatal morning of the 4 ibNovembor ... He then traced tha prisoners through ihb various-places passed iu , what he called , the nigh * march . He then traced Zephaniah Williams from .. Nanty . glo r and then William Jones from Pontypool , and he shewed them all to be marehing upon the town- of N&wport . Eaoh of those narratives © lithe collecting and marching , of ;' those persons my learned friend interspersed with
certain declarations ,- to whieh I . shall presently call your mo 9 t especial attentiovfor , Gentlemen , without these expres- ; k > ns—without these declarations , his case would be . absolutely , iurthisg—I mean , Gentlemen , as acaae of high , treason . Don't . for a moment imagine-that I ' csnsider there is no crime in assembling & . number of araed persons ,. and marching them fswany pujppM ; but this case would be nothing witlSout tho declaration of my friend . Gentlemea , my- friend then proceeded toprovo ,. by the landlord of 4 ho Goach and Horses , at Blackwood , I : behove , that a number of persons . had assembled tbere on Eiida / j T the 1 st November ; that thore wer ^ about thirty o d&ere with whom ha ¦ was not acquainted , and that Mt .. Frost , thepriaoner ,
William Jones »» nd Zephauiah Williams , wercthree amongst them ; . and ho coucludsd his case with ; Mr . Thomas Joira Phillips ' s evidence respecting the apprehension of . Mr . Frost himself . Gentlemen , it is quite impossible to deny—ao-y , it is part of my case , that pessona did inarch down , andlthat they intonded to be in Newport at or about the same time ; that Hume of thoni , woro armed ; but , gentlemen , I otniithat I very much doabt that the arming - was by any means so sxtensra as it has been spoken " of , for tho number cf ' weap . ons . which were , picked up after tb& people jetreatedi and were dispersed , appears to Je very inconsiderable , and I do not know if all thatwere picked up have been produced here . It would , appear that they have been , if lam
tojudge of tbe inclination to creato eit ' ect by- the display of tieso which . wore bsought here . But , from the number of weapons produced in eourt . as those ¦ picked up , it ia claor that , the arming was by no - means so extensive as it has been described . In . point o ? fact , however , they marched into , Newport , and had a conflict with , the special constables , but whethar there was- a conflict with tho military hi , the 83 nse which , doubtless ono of tka gentlen ^ meant by the inquiries made by him , although ; . Captain Gray did not return a satisfactory answer , " I c&a give it to . him . It cannot be denlad ygontlemea , that the constabulary force was attacked—thsfc one-of tho military was wounded (( aidar circumstances which you . will see presentl y ) , and , toug&tlnexpression of one of fte witnesses for the Crown .
£ the momej&the mob saw one p « aoa fall , they all mm oreqK flireotioa , " and in a , few mimitwthatown of Newport was almost as cleai of Chartists as . « : had beenai an early hour ia the morning ; at six or seven o ' clock , when not a single Chartist had entered it . Gentlemen ,, all thi& is not to be denied , but it gses to Bhow what th « - object of those people was , ami that is tha question—what was their object ! Inow , for tho purpose of twinging one view before yon as to what their ol ^ ct probably was , I shall take the hborty of prea ^ uting to you tho evidence of a few of the witnesses for the Crown , who stated what that object way , and who professed to have colleeted it from the general body , oy from their leaders . Gentlemen , 1 shall take tho first person who . gave any information as to their object-a witness of the name of Waters .
Iho Solicitor- ' aeneral : He is the second substantial witness , my lords . Sir 1 \ 1 ' ollock-No , not Waters ; 1 shall take Thomas Bevan Oliver , who is the seventh witness , commonciug with Simmouds an the first ; for ho was first called on undoubtedly who spoke to the charge , as Mr . Maule was merely examined as to the list of witnesses . Thomas Bevan Oliver , who was a special con-ntablo at the Westgate , says , "They turned round and camo up to the door of the inn , and called out , ' surrender yourselves our prisoners . "' Now , undoubtedly , if that be taken to be literally true , it ¦ has tho aspect as if some of the matters contained in the declarations of other tvitnesKcs were the roal ,
genaine objects of their going to Newport . But it is very odd that this should ouly bo addroeBod to the special constables . At that time the shutters of the windows had not beon opened , aud 1 am satisfied that it was not known to tho people that tho soldiers were thoro , notwithstanding tho evidence of tho two bojs to the contrary , or if it were known , the shutters were shut and barricadocd , and the soldiers were placed altogether beyond their sijiht , and I am surprised as to whom the words , " Surrender yourselves ouv prisoners , " could bo addressed . Gentlemen , 1 bolicvo you arc already informed from the cross-examination of some of the witnesses as to the fact tlm sovei'al prisoners—twelve , i beliuvohad boen taken . Some of thitae wore iu the sol « ( Conlinvri in our eighth page . )
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Citation
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Northern Star (1837-1852), Jan. 11, 1840, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2666/page/7/
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