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TR 1 AX , OP THB CHARTISTS . .. VROWN COUBT .-Frtda ^ Ternary 3 f' " SEDITIOTS LIBEL . ^ . - A young man named Jofcn £ « a -was charged -with pKrr-ng and publishing a seditious libel , entitled , " Ad-( bv - of- the-working men of Xewcastle-upon-Tyne , to m ~ . TTi ^ rmfaettrring , trading , and middle classes generally , of- : ]¦ - United Kingdom . " The indictment charged that th ? publication -was made with the intention of creatir . 2 discontent amongst the -working classes , and -with ttio intention of exciting tkem to a resistance of the Government and the laws of the country " , and to " in-9 ^ rraction , riots , tumults , and disturbances , Ac . Mr . T ^ Hilas and Mr . Ingham were counsel for the prosecution , and Mr . Cobbett for the prisoner . Mr . Ingham havir . g stated the case , TRIA 1 , OF TH 1 ciAM «* "
Air . Dfsdjls rose and addressed the Jury—He said ley had heard the nature of the inquiry in -which they ¦ Were about to engage , and it -vras his . duty to state the rtrcn tnstances of the eharge and to call upon the witnt&v-s who would prove the . publication of the libel . By * he lav erf the land in -which -we lire , every man miehl say or publish -what -was his mind , upon any * Tf- ; eot , aadif that-were done temperately , reasonably , « nd with alawful purpose , no one could interfere -with him for doing ao . The question had often been put to jcries -whether a publication were seditious , and they h-vl seldom failed in taking a common sense Tiew of the meaning of the language employed , and by that alone had given their decisions . That -vras all that -was required , in toe present case . They -were to Bay -what
wa ~ the plain and obvious tendency of the libel , and U ^ y -whether or not they "believed U was calculated to m ? ie discontent and excite insurrection , as charged in the indictment . He now came to read the libel , and he ¦ was very misinformed of their mindB , and very much deceived if they did not hold it to be very unjustifiable Ipr-iige . The defendant was the printer and publisher of the Northern Liberator , and a shop at Xo . sy , Siue . in 2 few 3 astle , and it -was signed by him as having been printed by him . There "were many things in it - « h : ch were fair , a * d -with -which he did not find fzzlz , and therefore i * -was only to particular portions of it that he called attention . The defendant begun
by recapitulating the great hardships under -which they , tie -working classes , laboured , and he ithe Learned Counsel ) would say that he believed there -were many * j i ^ eat hardships which tbey suffered , but then , he ir-. n : on to call attention to -what they must expect UE > : ? r raeha state . of circumstances in a way-which ¦ R- ;^ D » itber fair hot justifiable . -Air . Dundas then proei = e led to read over the alleged libel , commenting on Yu .-i . ms portions of it as he proceeded . It set forth the ti _ ' ¦ rr- .-.-sos of the working classes , the burthen of the ?<" ::: ; oiial Debt , charging them upon the aristocracy-, it nc-xi gave a short history of the National Defet , and of t 2 : e vxtent # f taxation , inviting the classes ' o which it I ddreased , to discuss the truth or falseood of its
st ^ w ' -ients . Discussion , it said , there must be either phy-icaUy or morally , as it ^ jres impossible long to ¦ submit to these hardships . A change must take place , ai " - « l i : was in their ( the middle classes ) power to give it = T ^ eaeeful character . And -what wouldbe the result of that strife -of blood which they alone could avert ? If successful the people would look on their fallen brothers and aposfeophise their mangled remains thns : —
•• Well . ' yon were sacrificed by the middle classes ; itij could hare saved you but they -would not ; they ff « .. < ted and encouraged the aristocracy to murder yon * ! 1-rt desolation dwell in the homes that made yettr homes desolate ! " Middle-classes ! vengeance , swift and terrible , will then overtake you . 1 n the other hand , shonld the people of England be put down—supposing , for a moment , the impossibility — -w *? at then ? Why , to use the words of more than one Whig jonrnaL they will " disperse in a million of incendiaries , " your -warehouses—you homes—will t * giwen to the flames , and one black ruin over-T helm T-Vpg-SftTiri !
• ' Are yon prepared for this ? if yon are content to be trampled , and spat upon by the aristocracy—if you L ^ vc no pity foryonr brothers and si sters , in the fc'ir . ble ? walks of life—if yon feel not for the myriads ¦ who annnally perish of cold and hunger—still ask y urslves , are you prepared to see year own homes in x slize—your property given to the flames , and no Insnraaoa to redeem it ; yourselves , perhaps your wives ai : i children shrieking to midnight outlaws for that raercy which in the day of your power you denied to ti ^ . - ' Praying that God . who endowed yon wiih common pei ;> e and human , feelings , ¦ will free your minis from prejudice and dispose you to do your duty in j ^ isterrble crisis , - , ;«* " We remain , your distressed bretB ^ gi " Tee WOBE . KEX of fH «*! fr > "E . "
This language ithe Learned Counsel observed ) tvas tiat of whieh they had to eoinptein , and it was adfir Ksed , he begged them to , sb > eaK £ -to snch men as themselves : to them , the » M ^ jfcw of which th % Jury -were composed . W ^^ -l 2 | i 3 jnLi 3 tify such Lvnsuage , he asked ? If Ilin . mill lrf | 3 tjfji ^• ¦ were in i -.-c-ss , and lnnYrni fin Tiify . ft miiJiTirjoilijiii liiilln u , E-irily they bad ao t 5 $ & to' ifcllla ^ mBKpttfh language £ s this ? They **** t » 3-- * l ^ - ^ ijM ^ &e middle closes wers told , tbaV if they i ^ i ^ dbpie-entrusted tb-ymurtl » ewrt ^ tfe ^»» - ^| g | B - faMBS * to- a blaze , th » ir "" Iiinfiiiiinnriijiii 1 ii > lia jltfn liiif ^ i' flu in for tLj-t if they , ti » workftg Bkume * , Aafifefe put down in Un-ir resht ^ iee to Ch . e l ^ w , thej would turn into a TBilVftii of in * ndiaie » ! " * - —it -waa impoagibla but that thty , they Jury , as md ) of sense must see what was lit- -umasMjH * 1 assfeBe . BJc ^ ' ; -JSiis , and that * 4 t-was TK&a £ jted-te"OT % rtBrnthe laws of the country . It was
u :: the defendant was but the printer of this libeltl ; .. re was ao evidence to shew that he vu the s-uthor—but he was a respectable man , and certainly nght not to have allowed it to come from hifl shop if he wae -an innocent Tnvn I : was for the Jury then to look at the language , and at the evidpnee of publication , and to the intention with - ¦ Tr . ich the publication was made , and to say whether the language was or was not seditious , and if seditious "Tbfther it was not published with a valid intention to *" : rro-w the ountry into disorder by citing men of all : hisses to riot and insubordination . "Fh = Learned Counsel tben called witnesses .
Itevid Grey called—examined by Mr . Ingham . —I -. n a policeman in this town . I know the Xorifiem L ^ rraior Office . The paper I have produced is one ¦ ¦ hich I bought there on the 2 Tih July last . Mr . John :- -j ! , the defendant , gave it to me . They were for > -. ¦? . and more people were getting them besides - ; - - « lf . I £ ave 3 penny for it . I ' Toss-examined by Mr . Cobbstt . —I was not a T-oiiceman when 1 p-arcaased it- 1 was "working with Mr . Granger . 1 wa 3 a labouring man . I-have been a ; oliceman sir months . I -was made a policeman just vTter I bought it . Mr . Stephens , the Superintendent of P olice , sent me to purchase the publication . I had seen i : before I bought it on the walls . 1 saw it as mnch as three weeks before . I am not aware how long before
. ' * fis published . I purchased the bill in the publishng ofice . I did not know Mr . Bell at the time . There w-ss only a lad besides himself selling them . I bought a ~ 7-. y of the Liberator paper along with it . I got the T-.. 7 > er from the lad , but 1 paid Bell , who was standing b-. iitid the counter . I do not know who is the owner vr occupier of the premises , nor do I know whether Brdi lives there or on the other side the water . Mr . Cobbett put it to the Court whether there was iuScitnt evidence of Bell being the publisher . The i-.-IsemaD received the bill from the-lad and paid Bell , ; . i * there was no evidenee to connect the one with the o : i ^ r . 1 he Cotet were of opinion tha publication was ai ^ de out
Mr . Cobbett then ro 3 e to address the Jury on behalf of the defendant He said that under almost any circuiii .-tances he should have considered his present task cio of difficulty , because it would require much care to ? L- ^ mpt as much as possible to induce them to banish from their minds any prejudice they might entertain against the defendant . But if there was ground for prejudice in the minds of the Jury from the circumstances of the case itself , what must be the state of their minds after the speech which they had just heard from his Learned Friend ? He thought tirey would say with him that it was the most unfair speech they ever heard in * court of justice . He called upon the Jury ,-however , to be earrful as far as possible to abstract their minds from all prejudice and consider the question merely on
its abstract merits . It was not for him to tell them what the law-was on this point , but at the same time law and fact -were so far blended in this case , that it was necessary for them to see the subject matter of the -question for them to understand the law on the subject . Now there were certain ingredients necessary to constitute the charge . First , they must be satisfied that the defendant published the libeL Secondly , they must be satisfied that the words published were of a libellous tendency . And , thirdly , they must be satisfied as to wnether the tendency of the vrorda were such as would be likely to lead to a breach of the peace , and whether the defendant published them with a malicious intent , and with an intent to do mischief . Now my Lord ¦ w&uld probably tell them in determining the last point ,
as to the motive that they would arrive at it thus . " They must first look at ths natural tendency of the ¦ words , and then whatever that might be ^ they would be justified in eoneluding that to have been the object of the dtfendant in this publication . He ( Mr . Cobbett ) would read to them what were the words « f competent authority on this head , for he had no wish whatever to depart from what was the strictly legal view of the matter . It was said by Mr . Justice Bayley " that every man is considered as having in his mind whatsoever is the probable consequence of the meana he is adopting . " It wa « said by Mr . Starkie— " A man must be
presumed to contemplate and intend the natural consequeneei of his own act lagal malice in all such cases being a mere formal inference of law . " And it "was Baid by Mr . Russell in his book on crimes that'' a Hsaa mutt be presumed to intend what the publication is Hketrtoproduce . " The jury wouldsee , therefore , thatit ¦ wouMbe forthem to gather from the whole whatwasthe tendency of it But tendency was not a statutory term , fhe lsv did not prescribe any particular meaning to the term . No doubt it meant what was the natural or probable consequence of using a particular string of TOds ; vhat was likely to arise from the use of them ; mk M tkty ttiought that the direct tendency of «
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certain set of words , if acted upon , was to produce mischief , yet if they did not think that they were likely to be acted upon , however repugnant it might be to their feelings , they would be obliged to find for the defendant He meant to offer for his client Bach a defence as was becoming his situation . Ha could assure them he meant to make for him no crying defence . He would not plead gnilty to the charge , even supposing the facts of publication proved , whicfa he did not admit . Xow if it were allowed to be a sound maxim that custom is no mean authority , how -much more forcibly must it strike them that custom is no mean authority with respect to the tendency or effect of men ' s language , and in order to decide what was the tendency or the probable result likely to flow from language , it was StfU ^ £ f £ 3 £ ST- t * t ^ , ^ »^^^
necessary t » consider what was the sort of language generally used in the country , and of its effects . The Learned Counsel then proceeded to allude to the strong language frequently used in respectable public journals , and to that employed at various times by members of of the legislature , and at meetings of the middle clawes , with which that in the alleged libel bore no comparison for violence , and which having been used without producing the evil effects apprehended from this , and he contended that it was not in common sense and reason to suppose that the tendency of this alleged libel was to produce a disobedience of the law , as charged upon the record- What was the intbntion imputed to tbe hand-bill he held before him 1 That it was calculated to excite the working classes to a dissatisfaction with
their rtate and condition . " Why , really , he could not see how it was libellous to excite people to dissatisfaction with their condition ; it appeared to him that a man had a right to excite the people to discontent with their condition , if that condition was not a good one . But the indictment charged the defendant with an intention " to excite the people to hatred of the laws , and to insurrection , riots , tumults , and a distnrbanca of the public peace , " &c Now supposing Bell did publish the bill imputed to him , then came the question as to whether he was to have attributed to him any one of the intentions charged in the indictment And first of all reverting to the subject of languace , and comparing that used here -wiili the language c « inmon \ y employed , he had something to sr \ y upon this point . So far from
thrse words having tbe tendency to produce a disturbance of the peace , he did not know whether , camparing them with other language commonly used in this country , he was even justified in calling them " scurrilous . " He would not say it was proper language to speak of the Queen in the terms there used , but perhaps his Learned Friend , notwithstanding that he had spoken of this so warmly , could conoeive that language equally disrespectful and strong had been made use of in higher quarters , and addressed not to the middle classes , but to the very highest Orders in the state , and not only tolerated by th « m , but read and looked upon by them with excellent relish . Suppose they had read in a newspaper circulating not among the middle classes only , but the highost in- the state ,
of tbe House of Commons being called " the execrable House of Commons , " and its members being termed " the low canaille . " Suppose them to find the Marquis of Chandos called "a noodle , " and Lord Althtrp " a blockhead . " Had they never beard of a Duke who stood high in his country's estimation being . tanned a " stunted corporal . " ( Laughter . ) Would they be surprised to hear of Lord Melbourne , and others associated with him in the Government , being called , in the columns of a newspaper , " political swindlers ? " Did they never hear of the Secretary far Foreign Affairs being called a " Black Cupid , " and of his being mixed up with an '' imbecile crew ? " If they heard of such a nobleman as the Duke of Leinster being called , in one of these newspapers , " a lickspittle"and
" an heartless blockhead , " would they be surprised to hear of another high personage having been called " a wicked knave" and " an anointed old scoundrel ?" This did not expressly apply to the subject befere them ; but let him ask when snch language as this was commonly used in this country , and without leading to any Berious results—let him ask the Jury if they could say that the publication in question was likely to produce the effects contemplated in the bill of indictment ?—whether they thought it calculated to prodnce revolution—whether , when the passages which his Learned Friend had read with so much emphasis "were published , it wa 3 a direct consequence of their publication that the things imputed in the indictment would be done ? Let him suppose that they were
turning over the pages , —say the Morning Chronicle w Nov . 1831—and he begged their attention to it , and that they would ask themselves if such language was not commonly used ?)— " We are not now to be entrusted with the defence of our lives , liberties , and properties —we are not to protect ourselves even again oursslvesj ; but to be dragooned by military mercenaries , officered by the beggars of noble families ? We are to have an army of yeomanry in the connties , commissioned by Tory Lords-Lieutenant , selected from the hot-beds of Anti-Reform politics ., panting to lap the blood of the people . We know their feelings—we have heard of their blocxiy threats , and anxiety to put down the Radicals . Good God ! can this be a Christian country—is this the land of England ? There is but one
safetywe must once more conned the civil and military power . Every Reformer able to bear arms owjht to possess himself of ( hex necessary articles . " Suppose euch language as this to have been made use of , and again in the same month— " We must sleep on our arms , and wake to the sound of the dram and the trumpet , or the enemy will break up oar .-camp . Votes without arms , the right of resistance urilhout are as useless as artillery without ammunition . We are . therefore , glad to see Mr . Attwood further organis » his Union . Wehave ^ ad twelve months of speeches ; the people have been elevated with hope ^ nd promise . Jf their leaders in every part of the country now desert them , dreadful will be the state of ' England should the Tories ' cowie in again . Led by the moral and intellectual f wee of onr
country , the nation is a noble and a docile people ; but once abandon them to despair , and awful will be the sacrifice of a present generation for the distant advantage of posU-rity ! •'—Suppose the Jury were to read in speeches made in this town , at an open public meeting , by such men as Messrs . Doubleday , Fife , and Larkin , I such language as this—and suppose Dr . Headlam to have been in the chair—suppose Mi . John ! Fife to have said— " Mr . Fox saved his country ! by maintaining the liberty of the press , and I remember another great service he ren-lered tail country . During tie dUcnssion of these seditious bill * in 1795 , he said , ' The House of Commons and Lords may pass those bills ; they inay even receive the Royal sanction , and yet be := o unconstitutional—so gr ievous to the sense
; of the nation , that obedience is no longer a moral duty . and insurrection it 3 elf is justifiable . ' ( Applause . ) On a future occasion , when he was called upon by Mr . Pitt to explain , he only repeated the werds , and said , ' In \ these principles I will live and die . ' Here is an im-] mense multitude , and is there one man who will not j join me in holding up his rigbt hand , ( here the speaker i held up his hand , and the people did the same , ) repeatj ing after me , ' In these principles I will live and die . ' I 'Here the multitude repeated the words , and cheered . ) I know that many of my countrymen are armed—that many others are arming : and every man in thi 3 country has as great a right to his arms as the Marquis of Londonderry ; and I hold that the most ignorant and simpleminded man in this assembly is as likely to make a proper use of them . " And suppose Mr . Larkin to have said : —
"The King has Tefused to create Peers . ( Marks of disapprobation . ) He has lent his name as a tower of strength to the boroughmongers . He has identified his cause with that of the enemies of his people . He has despised the affections of his people . He has braved their haired , and provoked their bitter detestation . ( Applause . ) We have an uxorious King , hostile to Reform , and incited to resistance to the wishes of his people by the disastrous influence of a foreigner , who has been elevated to the dignity and splendour of Queen Consort of England . ( Groans and cheers . ) But above all , we have a people as resolute and determined as ever were the French to be free . Such is the state of England . Should not William IF . recollrct the fate of Louis XFI ] —and Bhould not a Queen , who makes herself
a busy , intermeddling politician , recollect the fale of Maria Antoinette 1 From this hustings I bid the Queen of England recollect , that in consequence of the opposition of that ill-fated woman to the ¦ srishes of the people of France , a fairer head than ever graced the shoulders ofAdeleide , Queen of England , rolled upon the scaffold , ( Expressions of approbation . ) Fearful , indeed , are the signs of the timea Mr . BariDg informs us that he saw multitudes of men , fierce and menacing in their looks , congregated in the corners of the streets in London , shouting ' No King ! Cromwell for ever . " This was a terrible exclamation ; but terrible as it was , it should make the rashest madman shrink . The revolving of thoughts of this kind in the popular mind , shonld carry terror and wisdom , not
only to the bosoms of nobles and ministers , but of King 3 . What meant that dreadful shout ? Cromwell was a man of blood , and a traitor to the cause of liberty . But it ia not in the light of an usurper and a despot , but in the character of an avenger of the people ' s wrongs that the crowds seen by Mr . Baring regard CtoavwelL They recollect that it was Cromwell that brought a treiicher ^ ns , ^ perfidious , a tyrannical , & promise-breaking and axii-reforhi . ng King to the bloek . It is dreadful ' to think that the circumstances of the time * - lead back the people in memory to the period of the Great Rebellion—tbat they should rend the air with shouts in applause of a regicide , and that they should already begin to draw contrasts . But ( he fate of Kings and of nobles is of veiy little consequence" Now if his Learned Friez-d were to reply to him , which he would have the right to do were he ( Mr . Cobbett ) to call witnesses , perhaps he would say that he was making out but a
poor defence by charging others with having published libels infinitely worse than that attributed to his client But he begged the Jnry to understand that it was not in this way that he made these quotations , nor would he rest his case upon the assumption that it was unfair to come upon the defendant because others had published libels infinitely worse , because he would not make a comparison between his language and such as he had quoted . He would not admit that the tendency of the language of the bill here charged as a libel , was to be put for a moment upon a par with such language as that which he had just read . He would not do that , because it would be admitting that it was a libel , which he did not admit The passages lie had read were above all comparison worse than anything in the bill now alleged to be libellous , and yet they had not only bees published in highly respectable and largely circulated journals , bat read and tolerated by tbe public ; and if strong language like this « onli te
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published and circulated , and tolerated , and none of the evils flow from if > hich ffer ** llegM tfjteatinbar sequence of his client ' s publication , ften ^ Ftol * if that the tendency of the language now alleged to be * sediti » tn libel was notanoh aawas imputed fc > , lt in th « indictment . Mi . Cobbett tbea proceeded st *» wad the bill , commenting on the stronger , pApmges , of h as he . went on , and contended tbat they were « nly bypothev tical and not direct He apprehended .. that it was no uncommon thlng-for Noble Lords , in speaking of law * , to say that if such and snch remedial measure * were not passed , then , that certain events would of necessity follow . Such was the tone of the alleged libeL It said nothing more than that The ^ ury were not W fancy an imaginary state of society , and pay what " would be the effect of such language were Bueh . a state thtS ^^^^^
of society , m existence , they must look at society aa now . constituted , and a » k themselves whether , ifwitM the common freedom and strength of language general ™ employed by persons , that in the present libel was sttjB as would lead to result * contemplated by the indi « fc ment Lord Stanhope , when speaking of $ he Nffifc Poor Law , said , that if the law w « re not repealed therewould . be » revolution in the-country . ' But wal it the object of * he N # ble Lord to excite rebellion ? : Sfos nor was it the object or tendency of the language rnadV use of in tha present libel to create disturbance j 'it was only put hypothetically , he repeated , that if mieh 4 r such a thing were not done , then that a certain oonalquence would follow . He complained that no attempt had been made to trace out the writer of the libel , and
he thought it would be cruel to ' f ^ bUah tho defendant for the publication when the origtaajtor was sunVred to escape . He again contended tbat the evidence of publication was insufficient , and if the Jury wfere not satisfied on this head they wo uld , of course , gite their verdict for € he defendant ; but even if they wefe satisfied on this point , then , considering all the drenmstances of the case , and the general tone and character of political discussions among the higher classes—for the Jury were not to look at the doss to whieh the prisoner belonged—they were to say -whether the language of the libel was such as was described In the indictment
The Learned Judge , in addressing the Jury , ¦ wr id the prisoner had ,-had the benefit of a very long , oalrtainiy a very zealous , and a very able speech in his favour . With a great deal that' had fallen from Mr . Cobbett ho fully cojfeided , but with reference to the evidence of publicaiipn be totally differed , for he was of opinion that it w « rf perfectly conclusive . With the hardship of the « aa » , t ^ had nothing to do , and certainly as to thf . ^ fBdshfc < jf punishing the printer and letting the writer « o free , he did not undetRtand it He conceived that the publisher was alwa ^ sjifctmore wicked of the twj ) , for as to tl » wilted if t 3 | thing here proceeded . no further , the docjwvj&nt when . * jntten might have laid in the desk of the Writer , andVlbeen perfectly harmless . But the publisher had no such
excuse to offer . He must know what / waa the . consequence of publication , and having cop ' serited to become the publisher , be Must stand to the * ijonsequencos . With the Learned Counsel he certainly hoped that the Jury would dismiss from their minus all prejudice , and look upon the question caWy andl dispassidnately . The question before them , was , a mixed question of law and fact It was his duty , to lay down the law of the case , and then they were t £ say , from . a careful consideration of the document in question , wliether it ' -was calculated to produce those effects wfcich . were stated in the indictments . If they were of opinion that its natural and obvious tenden cy ' wasto create discontent among the working classes , and to excite insurrection there could be no doubt of it « being seditious , and there could be
no question as to the intention of the party publishing it being a malicious intention . If they found that the tendency of the libel was to promote discontent and insurrection , there could be no doubt that sueh was the object of the publisher ; for-and really he had said the words so often that he did not like to repeat themsurely if a man threw a stone at a window it would be idle for him to say that he did not intend to do that which was the natural consequence of the act The Learned Judge- then- read over the ^ jnbUcation , commenting an . it as ; he proceeded . He said it pretended to givea history of the national debt mad . prpenditure , but the fccte we * so . unflrtrJy and fliihtnestly
slated , that the enly inference TOtiBJl ONtt be prawn from tbe whole was that the writer DisUij'Sjpcrvetaion , not for the purpose of exciting disff ^ fuoS ^ at- with a view to create discontent , and to ' ^ rtSHe ^ - by illegal means , an alteration in the state of tHngs . - Mr . Ck > bbett had quoted a number of extracts . tram speeches and publications , which he certainly most - confess were highly reprehensible ; but these did not alter tfaecasei If the Learned Gentlmanhad shewn him that persons . had been proseCTtttfJEMBui oaJBfcsand b&n mohU . ted , then they wotam ^^ jMMHtmight , but wch was not the fact , 4 P £ e 9 H ^ Hggft& * , heft te apply . x - ' •^ mBsS ^^ E&i" - ¦< % + - - ..
The Jury retired for a sraSB ^^ HHUfcisfetra declared their verdict—« u ( 3 E ) S ^ sl |^^ Ki s . [ The announcement ^ & * J& $ m&SK ^^ m £ yrtfo great hissing In , i ijnirtlil AlJHJ ^^^ , There was another indictnie »! $ jgiijHj |^ HHioerfof libel , but the counsel offered w * fWMmf ^ HHtT ^ 7 The Judge as he left the obtJft ^ MHKfficers in attendance , wfewlondly groaned i 4 S « BKeople appeared very : ia » gjft | a 0 £ |» d . ' ^ SSpT Sentence wasaflyiijjpj& that nigh&Wifce next day the prisoner nc ^ mKin of immUnrat for Six " ^^ ^* " 3 S 3 ^ RRi : /^ rajK ^ others foiCbIditigus wESjres .
DEFEAT OF THB WHiGS . ; Bronlerre O'Brien , James Ayre , TTitmus Devyr , John Mason , and William Thdmason , stoodjriaicted with having on the 7 th July hut , together with a thousand other persons , unlawfully and seditious !^ met together ; against the peace of our lady the Queen , and by sedii tious , violent , and inflammatory speeches , endeavoured to persuade and excite the said other persons so assembled to hatred , and contempt of the Government and laws of the country , and to raise riots , routs , and insurrections .
Mr . O'Brien was in Court , and sd also was Mason . Ayre , who had not been out on bail as the others were , was the only prisoner in the dock . Mr . COBBETI appeared on behalf of Thomason . Devyr , against whom were two indictments , it was understood had left the country for the United States . When the defendants were called upon , Mr , O'Brien Baid—My Lord , I have an application to make . Judge—What is it ? Mr . O'Brien—I have been informed that itis my legal right to sever—to be tried separately . I have reason to believe that by being mixed up with others my case may be prejudiced , and I believe that I have a legal right to be tried separately . I also have to complain that knowing nothing » f what I am charged with I am unprepared for defence . 1 have never seen a copy of the indictment
Judge—I have always found that defendants who appear to defend their own cases have advantages over others , and yet they always complain of hardships . The fact is that they make hardships where none exist . You could have had a copy of your indictment if you had applied . Mr . O'Brien—When I was taken before the Magistrates in London , I asked what I was charged with , and he told me that I should know when I came for trial , and that I had no right for a copy of my indictment till then .
Judge . —Oh 1 yes , certainly you could have had it Mr . Cobbett—I believe , my Lord , there is no authority for it Judge —But at all events practice is in favour of it . Mr . Cobbett—Yes , my Lord , certainly . The Clerk of Arraigns then read the indictment , which was at great length , containing five different counts . He then asked—Are you guilty or not guilty ? Mr . O'Brien ( with emphasis )—Not Guilty . Jcdoe— You assert that it is your legal right to sever . What authority do you « nve .
Mr . O'Brien—My Lord , I have always found it t » be the case , and experience teaches us that where persons are mixed up in one charge against whom the evidence is different , that there is a danger of injuUttaotfl one by the Jury confounding the evidence against with that against the ethers , which must operate to the prejudice of one of them . I only went to this meeting of my own accord , without seeing the other parties , and therefore I cannot be said to have any connexion with what they had dona before . Judge— Have you any authority on the point ? Mr . O'Brien—My Lord , you have power to deny me , I knew . ¦ - .- ¦ ¦¦¦¦ . Judge— Nay , Mr . O'Brien , that is using me unfairly , because you must know that I can hare no interest in acting contrary to fairness . Mr . O'Brien—I have been told by three of the counsel that I had this right
Ju » &E —( To the counsel for the prosecutor , Mr . Dundas and Mr . Ingham)—Have you any objection to this course ?¦ ¦ Mr . Dbsdas—I denot oppose it , my Lord ; but there is no rule for tbe practice . Judge —I have to consider the state of the public business before I can accede to this request , Mr . O'Brien . If this privilege is granted to you , then all the others may claim it , and 1 may have eight trials to go through . Now I have only to-day left for the business of the assize , and it would be impossible to get through them . Mr . O'Brien—Well , my Lord , I will not be mixed up with the others if I can help it I am willing that my trial should stand over till the next assizes if you have not time to try me now . After a pause ,
The Judge rose and said : —You have made an application to me to be tried separately , and , however inconvenient to me the course adopted might be , if it vas rested on any authority which could warrant it , or was likely to assist in any way to prevent injustice , I would listen to it . But I know of no authority for it , and I have consulted my friend Erskine upon it , who says he knows of no authority ; and looking at the state ef the business of the assize , and conceiving that it will not operate to your prejudice to be tried with others , I cannot comply with the application . This I will promise you , that as far as I can prevent it , your being mixed up with others shall not operate to your prejudice , and I dare Bay the Jtry will take care of ihe same things »
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Mr . O'Brien . —Have you any objection to let my trial one aten ^ Dver ^) tfee next assizes . I am charged with BsVing conspired" with men whom I never knew or saw before the" time of meeting . Judge—1 ^ for the counsel to say whether they will ; assent . to ifc ' , ' " ^ * ¦ ' Mr .: JDCNi > AS—Really , niy Lord , I have no p « wer in the case . If Mr . O'Brien had any legitimate ground it would be a different question . I do not think it will make the slightest difference to Mr . O'Brien . Mr . O'Brien—I will offer no further objection if I may be allowed to defer addressing the Jury till after the counsel for the other prisoners . : Judge—0 certainly ; that will be the regular course of business . Mr . InghaM then stated the case to the Jury .
. Mr . Dundas addressed the Jury at great length . He said they had heard it stated by his Learned Friend what was the nature of the charge imputed to the five defendants , four of whom were here for trial . Devyr had entered a traveTae , but the evidence would be read as respected him ; and with reference to the application which had just been made he wished to impress upon them the necessity of considering the case of each of the defendants by itself , and to find them guilty « r innocent accordingly . They might find one guilty and another innocent , or they might find all of them guilty or all of them innocent , as the evidence might warrant There was no reason why they sh « uld find all guilty because they were all tried on one indictment , as Mr . O'Brien seemed to
imagine ; each stood separately on the evidence against himv and no doubt they would do him justice . The charge against the defendants was that of having used seditious language , and with having conspired together with intent to incite those who heard them to hatred £ nd contempt of the laws of the land and of her Majesty ' s Government , and also to arm to resist the laws of the land under which they live . This was certainly a very serious charge , and required complete evidence to satisfy the Jury of its truth , before they came te a verdict upon it . He might take it for granted that they were all aware that in England we were all at liberty to discuss public questions , and to say our miuds upon them , so long as we did it with an honest intention , and fairly , and with a view to arrive at the truth ; but if
we did not do that , if we said that , the plain and ob-, yious tendency of which was to produce disorder , ha thought it would require hardly any argument to shojw the danger of such language , and that it amounted to sedition ; and they would judge when they heard the words which these men usad—they would see whether such was iiot their tendency , and whether they had not a tendency to induce the people to arm , to resist the authorities of the place , and if so , they ^ would hardly doubt of the wicked intention of t * he twiwes who used them . He would briefly detail the circumstances out of which the assemblage at which this language was used arose . On the 7 th of July , it appeared that news came to Newcastle , in the Sun newspaper , of an outrage which had : been committed at Birmingham , and ,
inconsequence of this news , a largu meeting was called at the Music Hall , in Nelson-street , which is capable of holding 1500 or 1800 persons , t » consider what had taken , place . At that meeting , on its assembling , James Ayre was present , and read a letter from Mr . O'Brien , stating that he would soon be present Accordingly , soon afterward , when the meeting was very full , Mr . O'Brien came into the room , and made a speech to the assembly . Now the Jury were to take into consideration that the witness to be called might not give all the wprds uttered by the speakers , but merely the substance of the different speeches , and the first inquiry to be made would be as to whether they considered it to be sufficient to give a fair representation of the whole , because , if they did not believe that , it would be of ho
use to inquire into the tendenoy of the language . But they must bear in mind that the whole of a man ' s speech—that is to say a speech bo accurately reported as to have every word , or , indeed , every sentence was not necessary , provided there was sufficient to give , as he had already said , a fair representation of the whole ; and then they were to look at the general character of the language , apply plain common sense-meaning to it , inquire what was its natural tendency , and if they found it to be what was charg « d in the record , they would see that such wastheinteatidnof the uttering of the speeches , and that the charge was made out against them . Mr . O'Brien made a speech to the audience on the occasion , to which he referred , which he would proceed to read over first , commenting on some of the passages as he
proceeded , and it would then bo for the Jury , when he had proved , that this was the language used , to judge whether it was of the tendency imputed in the indictment Mr . O'Brien had begun by saying— "The first Mood had been shed . He was , however , glad to say , UibCHShpuld be always glad to see , that that blood was jjpt the people ' s . It was the blood of men who were tha hired agent * of bloodthirsty men—men who were called ^ oAj ^ iy dagger and torch men . " It was necesaajy . t&pxptwtihere that an outrage had taken place at BirJdfafbate ^ nd it must b * i presumed that the blood-»> 4 jU | fcf > 3 tj& ! k Mr . 0 'Brijeil . had alluded took place ott *; fc | HK £ | JBsear £ d that Mr . O'Brien then read the ao $ ^ j i | j §|^| j $ e Affair at Birmingham from the Sun newswJS * fgSBhe meeting , and when he came to thatparf r a > nffl | W&it was mentioned that a number of the
people Wer * i | te 8 cue 4 from the police , the meeting loudly cheewftfciw , upon wfaich Mr . O'Brien said— " It was news to Jum to hear that the people wore not properly armed f as if it was the right of the people to arnL against the police if they attempted to put the law in force against them—language certainly , if it bore that meaning , which , wag not to be endured , but whether auch was-the meaning of- ^ he language , it mould be for the Jury to say . . After reading the report Cram the Sun , ( continued the Learned Gentleman ) bid argument from it w *| that it appeared the people of England were to be'put down by the Government This was ihe argument be derived from what he had been reading of what had taken place at Birmingham . Then he said he begged to tell them that the people of
Birmingham would still meet , as they had a right to do . He then told them " that it was seven years ago since he told them that there would be a desperate struggle . before the people obtained their just demands , ' . " and he said he had then told them " that the middle classes would shed the blood of half the people rather than allow them to have their juBt righte , and he hoped the time was at hand when that prophecy would be accomplished , and he hoped that they would be prepared for a rainy day . He said he had never advised the people to ana for the purpose of advancing the interests of any particular class , but to 'agitato , agitato , agitate . ' He had advised them to form themselves into associations as far aa convenient , not to break the law , but to fctand on the very outside of the law . " Now perhaps
there may be no harm in that , there may be no harm in men going to the verge of the law , but still one would expect that a good citizen would like to keep quite inside of the law . Then he said " the time would come when the authorities would suspend the Habeas Corpus Act , that the trial by jury would be suspended , and that in some instances the trial by jury had already been superseded ; He then goes on to say that they will destroy every vestige of the Constitution , and says if they 1 do n « t accede to the people ' s demands he would advise them to arm to a man , to put down by force the traitors who dared to use force . " Now , Gentlemen , what is the tendency of such language as this ? . Apply your understanding to it , and think what must have been the meaning of it ; and if you think it was the
wish-of the person who made use of it to incite the people to resistance of the laws , and that the person who spoke it had a mischievous intention , it will be your duty to find him guilty of the offence here imputed to him . He then goes on to tell them " that they had here a fair statement of the position of tbe people , and he calls upon them to arm by all possible means ; and if they are not to be allowed to meet to read the newspapers , if they were to be met by the police and soldiery , there was but one argument that they could use . When a people were actually massacred in this manner , it was time to ask them t » be prepared . " Now , Gentlemen , you see language like this is inciting and not to be misunderstood . The Learned Counsel
proceeded to read over the remainder of the speech , commenting severely on some portions of it , and also va those of the other defendants , aud said be should call witnesses to prove these words . Before he sat down he would only beg to say that each individual of the five men before them stood severally upon their own defence . If they could part Mr . O'Brien from the others , in their verdict , and were of opinion that he took no part in the meeting which they could term a guilty part , they would acquit him . But they would hear the evidence of the witness as to the words he took down , the means and opportunity he had of taking them , and determine accordingly . The Counsel then proceeded to call witnesses .
William Patten Henderson called . Examined by Mr . INGHAM—Have you been in the habit of reporting proceedings at public meetings?—I have . For how long ; about ?—Perhaps about four years . Did you attend a meeting In Nelson-street on Sunday , the 6 th of July?—On Sunday , the 7 th of July , J did . About what time was it when you went there ?—About seven o ' clock , I believe . How many persons will the room in Nelson-street hold?—I believe there are seats for 1 , 000 and standing room for several hundreds more . How was the room filled ?—It was not full when I went there , but soon afterwards it was completely full . Did yen take an account of what took place ?—I did , Did you take it in short-hand ?—I did . Were your notes taken during the proceedings ?—They were .
What was the first thing that took place after you got there ?—Mr . Richard Ayre took the chair , and at that time Mr . Neesom , James Ayre , Thomason , and Devyr were present . The Chairman made a short speech , in which he said " he took the chair on a most important occasion . ' He did not know whether they were all cool , as it was a very warm night There had been a little bit of an infringement of their rights , but he hoped it would be speedily put right" I gave a report in the Tyne Mercury . Judge—Are your notes full notes ?—I did not report in the Tym Mercury all I had in my notes , because there were some sentences in my notes which I felt wore not quite correct
Mr . Ingham—You aay O'Bnen was not there at the commencement How long after that did he arrive ? I think he was announced about half an hour afterwards .
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Read your notes of what Mr . O'Brien said ? Mr . O'Brien commenced by saying tbat the first blood had been shed , but said he I am glad t * see , as I am always glad to see-that that blood is not the people ' s . It is the bloodof men who are hired agents of bloodthirsty men , who are , called out by dagger arid forchmen—a party who are what they say the people are , / After reading an . account from the Sun , he continued—You see ihe determination of the local authorities of the town to put down the rights of Englishmen to meet I tell you that the inhabitants of Birmingham met at the Bull Ring , not for the purpose of violating order or stop ping up the thoroughfare , but the reason was there was no other ground upon which they couldmeet . They wished to prevent them , and in consequence they * - *« ? what U , d «« said ? Mr .
could meet no where but at a considerable distance . Holloway Head is three-quarters of a mile distant , and working men , who labour twelve hours , could not go so far merely to read newspapers . But , you may ask , why did not the inhabitants meet in their Town HalL What right had they to be excluded from the Town Hall ? Was it not built by the people ? If they did net contribute towards it the middle classes . could not have built it , if it had not been for what they wrung from the working men . [ The witness said he did not get the next sentence in full , but it was something about the mode of election at New York . He continued . ] Because the people choose to meet in the Bull Ring , is thatanyrea 8 onwbythey 8 hould . be slaughtered ? Is that justice ? Will any man tell me that the work ins
men have not as good a right to meet as the middle classes ? If a man live by selling cheap and living dear is he to have more privileges than the producer ? I told the people seven years ago that there would be a desperate struggle to ebtain their just demands . At that time [ stated that the middle classes would shed the blood of half the population , rather than they sh « uld have their rights . The time is at hand when the prophecy will be accomplished , and I hope all are prepared for a rainy day . I never advised you to arm for . the purpose of advancing the interests of any particular class , but I have advised you to agitate—agitate . ' I advised you to form yourselves into associations as far as convenient , with a view of obtaining one great end—not to break the law but to stand on the very of
• utside it My friends , you know that our opponents will not submit , but then you know they will suspend Ihe laws . You know what the authorities will dothat the Habeas Corpus Act will be suspended—the trial by Jury will be superseded , and that in some instances it has been superseded ^ - You know they will destroy every vestige of the constitution . If they do not accede to your demands , I do advise the people to arm to a man to put down by force the traitors who dare to use force . You have here , a fair statement ; of the position , of the people . I call upon you . to arm with all possible jneans , and if you are not allowed to meet to read th £ newspapers—if you are to be met by the military and ptlice , there was only one argument that he could use . When a people are actually massacred it
is time to ask tfeem to be prepared . The tinie is arrived . A large , proportion of the Convention is in gaol already —many of them have been arrested for riots which the authorities have caused themselves , under th « direction of the local authorities at Birmingham , the poliee police first commenced tb take persons iato custody before the Riot Act had been properly read . It was they who made the riot ; and if anything like law existed they would now bo in gaol instead of the parties whom they arrested . There is no law but for the 700 , 000 of the middle classes , and they would put the working classes down by law . I know there is a warrant out against me . Seven hundred thousand living . on rents and plunder L Rather than submit to that he would massacre the whole of England . Talk
not to me of Whig Government—of the power of the Queen—they are but mere bugbears—a mere . tale for the time being . Ministers had no power but from the House of Commons , and the House of Commons but from the 700 , 000 conspirators who could stay the course of legislation . [ Here the witness said a slight disturbance preventqi his catching a sentence or two . ] I am sure there is no person present who believes I would make such a charge against any person So far as he belongs t » the middle classes . Every person who would give me the same rights as himself is an honest man ; but I speak of the majority , for they have used means to prevent them being obtained even to the extent * * And as they have taken that which belongs to others , they are as wejl traitors as robbers . Now , if themayor
and common council of Birmingham had not been enemies of the common weal , they would not have allowed the Government to send down armed assassins to prevent the people reading newspapers . They are answerable for the acts of the military . They called out the soldiery and they read the Riot Act . I will tell you if you assemble and you are interfered with , you should go behind quarters—behind the corporation of Newcastle . If the mayor and corporation allow armed ruffians to take the lives of the people , then they are answerable forat with their lives and property . Your enemies arel ^ ij | B . t tere d over the -w orld : they make tk-e Government tad the House of Commons , and the House of Commons and Government are alone answerable to 700 , 000 . ; ,. K , you are resolved to be free , and not to be
killed with impunity , you must look to the traitors in the town , who pay the blood money , and without whom the assassin would not act . If you would preserve the peace of the town—if you would act so as to prevent bloodshed , the men ef Newcastle would be ashamed if they had not one , good musket Uplees I see the people properly armed I shall renounce the movement ~ l will not risk my life if you do not know , your rights . And if you know them , I will retire from the Convention , if you are not prepared to act after being refused , them . Men who know their rights are xilBerBble , coward 3 if they do not take them without loss of time . The middle classes never petition you for their rigfitflV they make the Parliament themselvesr-they are ready to shed the blood of the people ; andif 700 , < Jbo
of the electors , out of nine millions , take that power without consuljling you , there can be no crime in your doing the same thing . If they are the wise men you say they are , there will be no harm in your following their example ^ -fThe National Petition has been ¦ Courteously received . Mr . Attwood is about to move something , aud they are about to bring in a bill , and your business is now to keep quiet—to put your trust in Providence , and keep your powder , dry . You have no right to assume that any man will be so mad as tp exclude nine-tenths » f the people from the making of the laws they are called upon to obey , but your business is to prepare for a rainy day , for when you see the arguments they are preparing to meet your arguments with , it is your duty to arm to the teeth , ia order that
the fate of your friends at Birmingham may not be yours . I understand that some of the gentlemen present intend to propose resolutions . I have not seen them , " but I trust they will ba worthy of the high character of the men of Newcastle . I call upon the men of Newcastle to put themselves in readiness ,, and if the Mayor of Newcastle shall attempt to deprive you of yeu . r political rights , tbat shall be your signal for a rising in the town . I do not wish you to violate the law , but to keep peace with the authorities as long as they keep the law , but if the attempt was made to disperse you , you must not meet again except with your arrows in your hand . I advise you not to let one week pass—not even one hour , without procuring arms to defend yourselves , your Queen , and
constitution , aud above all , your rights as Englishmen . " This was all Mr . O'Brien said then , and Mason then got up and said — " I have a resolution to propose and it will not be necessary for me to say much , as Mr . O'Brien has done all that any person but himself could do . " Ho then moved this resolution— " That the government have committed high treason against the Queen and constitution , and what they have done at Birmingham , in attacking the people when they were discussing their grievances . " Mason then said something approving of what Mr . O'Brien had said , and he then stated that there was no security for life and property in . Birmingham , and if they did not prove their determination to have justice for the men of Birmingham , it would be them , and not government , that would be
answerable for the bloodshed . " Thompson then seconded the resolution , saying : — " I have always been cautious of giving any opinion as to the employment of physical force . I have heard stern things said , but when those meetings had concluded , I have calmly and carefully considered the question , and have come to this conclusion : that if the people ate prepared to die for their freedom , I am prepared to go along with them . I think I need not say much in addition to what has been said to induce the people t « arm . He then proceeded to argue that no people ever secured their politieal freedom without blood being resorted to , and entered into a short history of the Americans and the covenanters of Scotland . He continued : my impression is , that we may petition the middle classes till
—~— — •—^ ^ — qW wu * . < j vi * I LJUlXLllXal rights . Whatever maybe the conduct of the people , I would rather see every building in the country in smoke and ruins , than that the present system shall be con tinued . I trust you are prepared to say whether you have the most confidence in the House of Commona , or the Convention . I trust in God that the rights of England will only cease to exist with the breath of the last Englishmen . " This resolution was carried unanimously . Devyr then came forward and said , " our opponents dare not meet us on this platform in a fair manner , because they knew they would be defeated ; but they resort to other sorts of argumenta . Is it not a little ominous that at the very time the attack ! was made at Birmingham , one of their own military sergeants should be found addressing the people . What do they think that the spirit of freedom is lead in the breasts of soldiers , and that when they become slaves they cease to become men l Then in case the Govern met shall narsist in liisnersinir nni- monK nm v *» *„_ .. „ met shall persist in dispersing our meetings by force
; we , the men of Newcastle , uniting our trust in Godj are determined to meet illegal force by constitutional resistance . No man is justified in putting his hand up in favour of this resolution , unless he is prepared to carry it out . Every man who supports the resolution pledges himself to be a soldier of liberty , and he is deceiving his brethren if he is not prepared to carry- it out The first thing I did when I received the news from Birmingham , was to go and purchase a rifle . I have no wish to bring it into use . Is not my wife and children as dear to me as any one can be to our opponents ? I wam you to be ready—the time approaches" be ye therefore ready , " and I know that you are ready . Mr . Mason then proposed a vote of thanks to Mr . O'Brien for his lecture at Newcastle . Mr . O'Brien ' s next speech was a very long one , but I did not take many notes of it A great part of it was a repetition of what he had said before , The first note
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I have of it is urging them again to arm— " with *! sincerity of heart I urge you not to let a day pass i ^' your heads until you are properly ready . Y * friend Mr . O'Connor often says , when address ?!; public meetings , that the best way of keeping p * 2 ' is to be prepared for war . "—James Ayre next addres 2 themeeting . - i . Judge—You aay you have not much of what O'Bri ^ said . What proportion have you of what Ayre sail to the whole ? ' ¦ "ft . Witness—Nearly the whole , my Lord . He began h saying— "A great deal had been said about guns ay pikes , but the working people were those -who cre ^ tai property , and those who created property had a n ' A to destroy it As I told you on the Town Moor « h must I urging them again to arm--. wiJl
agitate the bricks and mortar . The power t > have created has tried to make us slaves . The people «; Newcastle have pledged'themselves to carry ' out ti measures of the Convention , and that they may kn »» what the Convention does recommend , I propose . meet every evening . [ The witness said there was <* remark here about Fife , and other former agitators this , town , but he did not think he had it righ , t at £ time , aud he could not give it now . ] You ought to m all monarchical power at defiance . Arm youratl * , with pikes , muskets , and torehes , ; and . when the pT perty of our opponents ia destroyed they Will toe as po , as ourselves , and as vulgar . I . have prepared mj « l with a resolution , which is , that this meeting assent every evening on the Forth . " Mr . O'Brien then m % another speech , which I only reported for comment > tne feditor
of the newspaper with which I am connect I have only a small portion of it therefore . He said 1 hope there is sufficient spirit in Newcastle to make ,, universal strike , aa . it is every way likely that the pik cipal members of the Convention will be arresta There will be no work on a certain day * andlhoj , that not a human being who hears me will do a stw , of . work till the greatest of all work is done . If Z want to know how you are to live without working , j » must just live as your enemies live . You mu 3 t bon « from them , and if they will not lend you must mih them lend . A show of hands was here taken , tjj witness said , " whether they should strike or not" ft then continued—You must also strike against the t » sonti—not a single man must be found in a chapel wlm the parson is not in favour of Universal Suffrage . 1 vote was then given to the Chairman , and the meetfe separated . ' . v ^
Cross-examined by Mr . Cobbett—The speeches cd tinued two hours aud a half . All the speakers sfcj in the same place as O'Brien . Did not distinctly Hii ] the reference to . Mr . Fife ' s agitation . Our paper isjj in the habit of talking about Mr . Fife j it ia . gene ^ friendly towards hini . Thomason spoke about tt minutes ; he is a particularly , loud speaker , buVll speaks quickly . I have nob a doubt he used the woj " he would rather see the country in smoke and nig than that the present state of things should continog * I have seen Thomason at former meetings ; fee was e * ployed in a glasshouse . He was sure of the la » tg » tence , because he saw it reported more strongly j another paper . > Judge—That is a reason why you should rathe doubt it . ¦ . •¦ ¦ ,. ' Cross-examined by Mr . O'Brien—I ¦ wish to ask ja are you a professional reporter ?—lam . For what paper ?—The Tyne Mercury .
Were you employed to take that report in the taa course of your professional business , for the newspajj to which you are reporter , or with a view to this pm . secutlon ?—Simply in the way of business for tb newspaper . Are you aware that it is customary in almost jj newspaper offices to give speeches a tinge or colonrk to suit the politics of the newspaper ?—I am . Are you aware that it is considered tobea merit \ rfj reporters to be able to sift their reports so that ths may be favourable to the speakers if of the m politics aa the paper , and unfavourable if otherwisj ! —I was not aware of tbat , and it ia very contrarjfc my instructions . Are you aware that the speeches of Members i Parliament are rarely if ever reported accurately ? Judge—Really Mr . O'Brien has that any thing Ui , with this inquiry .
Mr . O'Brien—My Lord , if I can shew that Pai& mentary Reporters , who are at the top of the profc sion , are not in the habit of reporting correctly , I app » hend I shall go far to shake the testimony of the witn » Have you seen what purported to be a report of a ; speech in the Liberator of the Saturday following % publication of your report ?—I have . Have you compared that report with your ownt-l did not I have seen it You are not aware then that there are scarcely tm sentences alike in the two reports ?—I am not Supposing the fact to be as I state , would you * infer that one of them was wrong ?—Certainly . Now , you say that the first resolution passed un « i . xnously ?—Yea .
I will read that resolution to you : — " That til Government have committed high treason against tb Queen and Constitution , by the outrages committed a the people of Birmingham , when they were meth discuss their mighty grievances . " Now to the beaW your recollection did any one rise up in the meeting i object to that resolution '—They did . Who might the . individual be ?—Mr . Devyr . And not Mr . O'Brien ?—Yes , I beg pardon , Ifc O'Brien did first ,, and then Mr . Devyr . Then it appears your memory is capable of bek refreshed ?—Very likely . You can remember now that the objection to 4 terms of the' resolution was made by me , can p remember the nature of my objection?—I thinkyw objection was to the word " Government "
On what principle did I found the objection ? -l believe it was that Government only acted oninfon * tion given b ^ "tte : loxjal authorities . Do you remember that I said worda to this effects " Men of N $ wcastle- ^ If you want te have strength !!! your cause you must rest it on justice—on truth : ya must not make charges against Governmentunlere sa * fled that there is a foundation for them . There ias evidence that Government were concerned in tti collision with the people , or that if they were it W not in consequence of information derived from to local authorities , and therefore gentlemen can ja blame the Government under such circumstances ! I therefore object to the word " Government" bei < inserted unless it can be proved that the collision ta * place at the instance of - Government and not of b local authorities . " Do you recollect me saying thiaf-I dare say you might
Are you aware of the terms of the alteration I rec » mended in the terms of the resolution ?—I think ja proposed the substitution of the words " local au 2 » rities" for " Government " What of Birmingham ?—Yes . What did Devyr propose?—He proposed that MS Government and the local authorities should go tt the resolution . Whatwasthe feeling of the meeting when I {» posed that alteration ?—I think it was very calm . Did you hear no expression of disapprobation , d a cry of " the Government is as bad as the magistrate —I cannot say that I did . When I insisted on the alteration , do you recoM no exclamation from the meeting of— " No , no ; Ml stand ?"—You might have said it Do you remember the reason Mr . Devyr gave tat ' t troducing the Government as well as the magistutt and local authorities ?
Do you recollect that he gave an Irish reason totti effect— " As we don't know , which is in fault w ! l compromise neither by putting in both ? " ( Laugbtffi —I do not remember that . Do you remember that the meeting seemed l $ t delighted with his way of cutting the Gordian Knotrf difficulty , and exclaimed " Let it pass ?"—I do rw * lect that there was great cheering when it passed . \ Do you recellect that I again protested against ttt injustice , and that I said , " Men of Newcastle—fil cannot think that I am in favour of the Government ) but here you are charging them with a specific art I which you have no proof . Can you expect justice £ «• others if you allow it not to them ?"—Ihavenoa * of it . Can you state how it was that you omitted all ttf from your notes ?—I cannot .
You stated that your notes were taken in tbe reg «* way of business , and without a view to ulterior 0 * sures ?—Yes . ' ' And waa it from those notes you made that report-—Yes . Why did you preserve your notes then ?—There . * a sensation created in the town by that report and was generally stated and understood that the Editor : « the Tyuq Mercury would be called upon to substanti * his report , and as a matter of justice to himself * -ordered me to lay my notes by . How soon afterwards ?—Not more than a day or WJ Did the Editor give yon to understand that procM * ings would be instituted ?—He did not . What reason did he give ?—He said there « 8 " great talk about it
Did he say that the talk about it was because it * J one of the worst reports that ever appeared in * csuntry . ( Laughter . ) No , on the contrary , it * thought to be so good that the Council of the Poli » Union ordered fifty copies of ifc . You have stated that your notes correspond wUb » report given , in your newspaper ; will you stand oj * the report or upon the notes ' —Upon the notes . _ Will you read that part of y « ur notes about » E » dear and buying cheap ?—Witness—( reading)— " w * by selling cheap and buying dear ?" Are you aware that your report makes me » Pl * very ridiculous as well as very seditious ?—That * owing to an error of the press . . 1 am connected with the press , and itis not the >* of error likely to arise in that way . I mention BJ because I mean to dispute the report altogether " stated that I advised the people to arm ?—Yes Did I advise them absolutely or conditiondly < W I should conditionally j
say . And so should I . ( Laughter . ) But yet tht rejw happens not to say so . aW Didyounot hear me advisathe meeting tow the law and the constitutional authorities , louf * general , so long as those authorities , local and gM «" obeyed the law themselves ?—Yes , I did . ¦ ^ . Did you . not hear me state that nothing would . ^ them in resorting to physical force , or physical a auce to the laws , unless the authorities themselves ( Continued in our Seventh pag « ' )
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NEWCASTLE ASSIZES . NEWCASTLE ASSIZES ,
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-3 , THE NORTHERN STAft . . I notes have of it is
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Citation
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Northern Star (1837-1852), March 7, 1840, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2674/page/6/
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