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Northern Star (1837-1852), 21st March 1840, Edition 1 of 1, Page 4, Untitled Article

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    • THE FOETHlRNr $$&& ' ¦' . ' . SATUSIJAY, MARCH 21,1840. ¦ X I I , J -i J.1 V J.V X xx xixv xi hj> s. J.JL XV
    • :-sjajoro edition. " ^ '
    • GOYEMME^^fli^ii:
    • f JW3M QIJB lOIDCm CORRES-
    • KCtopEpIS HEREBY ' GIVEN, that a Meeting i;,of the Inhabitants chargeable to any of the
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      Untitled Article

      TRIAL OF THEJBRADFQRD CHARTISTS . " ( Continued from ottnEighth page . ) ( lighter . ) And yet tMa man is not only courted by the Government , but he is the intimate friend of fee Attorney-General . Wfcsn I see this , Gentlemen , I cannot help thinking fiat , in truth , in some annga , the Learned Attorney-General is a Tery easy good-natured jaan ! Gentlemen , the < J ^ m Attoraey-Generalsaid that these men have " ** gouty of high treasea , and takes credit to tamself for having pursued * lenient course towards ¦ I ? ?? bcca *? e it is more ^ ongenial to his feeling 3 wentlemen , if these men have been guilty of such a enme , I say that the Learned Attorney-General ong&t to have prosecuted ihem for that offenceand ^^^^^^^^ ^•/ x _* r .-jf « . ti ; . i ii i

      , w * to hare allowed his dealings to interfere with tasduty . ButlgWeWmiio credit for the line of conduct he has adopted ; I -gay he ha 3 done it be-«* aso he well knew that no twelve men could be found in the Jury box so to prostitute their judgment as to convict these menef-euch a crime on the evidence which he should produce . But the Attorney'General has done in this ease as he has in others—he has prejudged ifc-Gentlemen , I say it is not the place of a counsel for the prosecution to do anything of the kind : lie is called upon to lay the fact * of the case before the Jury , and to call their attention to any particular features in it ; but he has no right to give his opinion as to the guist . or innocence of the prisoners—thai is aright which ought to be left to

      the Jury . But the Learned Attorney-General knew flut the weight whieh his talent and his office gave to bis remarks would have the-weight of judicial remarks upon the Jury , and I say that he is taking ta advantage to which he is not entitled . When fee laid before yon the testimouy . of the man Harrison , he said he would not occupy your time by detailing it . Gentlemen , there was another reason why he ilid not dwell upon ihat man ' s evidence . My Learned Friend knew well in what estimation the character of a spy would be held by every man of right feelings , and ho knew better than to siate what that man was to prove . Bnt he did attempt to justify having recourse to the evidence of such men ; he said it was almost impossible

      so prove conspiracy without their evidence , and he nrged it , as an argument of necessity only , which is so argument at alL Gentlemen , we kcow that God has created many things which are necessary for Mate wise purpose ; we know that the venom of , the serpent and the slime of the toad are necessary for some useful purpose . But do we , therefore , court the veuotu of the one and the slims of the other ! Or does that meet the argument of the case ? I eannot but think that ^ while he was addressing you on this occasion , he had an eye to the gentlemen behind me ( the reporters ); and that , when he was drawing a comparison between the present Government and preceding Tory Governments , he had something of a political object , rather than the

      issne of this caso , in Tfiew . Why , Gentlemen , what did be say , as a plea for calling to his aid a Bpy on &is occasion , which could not equally have been ttid by a Tory Government ! Where is the superiority of this Whi g spy ? Where i 3 the superiority « f this moral-force spy over the spies of former days ! Wo shall see upon his testimony . I shall oe able to show you that even a Tory Government never had recourse to means more calculated to create disgust . But , Gentlemen , I do not admit the necessity of these spies . But even supposing 1 did , I say you must look with suspicion on the testimony of such a man ; and I am supported in this by the ablest writers both of the present and past ages . Under the old law , an accomplice .

      mien he became evidence for the Crown , only awed life and limb . He was banished from bis . country But now he ia pardoned , and he has , therefore , such greater inducements held out to him . I now « omo to the character of the spy in the present case ; and here i tledare , to you , in the presence of God , thai . nothing on the face , of the earth should induce aa to convict a " man on the credit of a spy " . Why , Gentlemen , what is a spy I A living , walking iie—a man who , in order to accomplishing ends , must lye and practice deceit from morning to night —a man who must assume a character that does not belong to him , in order that he may spread bis meshes around those who are to - be his -victims ; and I ask yon , as bis fellow-men , can you bejiero

      & trad that he says ! Do yon not believe that every neof these poor men in the dock is a saint compared with a miscreant like that ; for there is not eaeof the 3 e men , supposing them even to be guilty , who would not scout such a rascal with abhorrence . What is the object of a spy ! Is it not to make the meat ho feeds upos ! " If he had bo plot to discover to his employers , they would say that they had nothing to give him . So with the spy in tha case . The musket—the cartridges—might all have been distributed and left by him in the places where they were found for the very mrposo which shey are now being used . But , thefc let 03 look at this spy-this favourite of the present Government—who is to put to flight the band of ali

      the traitors who have been conspiring to overturn it . Let us look at this man . Do you believe . one single word of the account he gave of his own history 1 He was labouring at Preston , you will recollect , befisehs came to Bradford . There is a railway Baking between Preston and Lancaster , and fora man like him who has been accustomed to such , like work , there would be a certainty of employment-Bat what was the reason he assigued for leaving his workontherailwayto Preston . Wh y , that he had aeard there were railways working in the nei « h-BO&rhood of Bradford ; and he came to look for work . Bat , I ask , do yon believe it ! There is no railway at Bradford . He says he did some stone-bearing . Who did he work far ! He could not tell . He could not say even who paid him . And then , Gentlemen , 4 » you believe what he said about his age ! If you eanrappose that he was turnkey at Lancaster when ha was fifteen , you may . But I ask von to look in

      the man ' sface , and then you will see that bo unique u the man ' * character , such is his love of deception , that upon the most ordinary topics he is accustomea to deceive . Why , Gentlemen , Brijrgsi said he had employed him fifteen years , and paid him as a spy for that time . A . the timsho sought convictions for forgery it was a capital crime ; and here was thi 3 msu spreading hu meshes arouud hia victims , in order that he might lay his hands upon the blood money . Aud then there is the fact of his deserting 1 m wife and ohildren—and the man who will desert to Trife and children , and leave them without bread , is one of the most despical characters aponthefaceof the earth . Mr . Wilkinswent on after making some further remarks on this man ' s -character , to examine the evidence of the other witnesses , especially as related to his clients , and contended , that against the older Holdsworth there was no evidence to couvict him of conspiracy .

      Sergeant Atcheule ? replied , and Mr . Justice Ebskike summed up the evidence very minutely . It was luree o ' clock ere die Jury returned . Verdict —Guilty against all the prisoners except James Hohtnvutth , who was acquitted and set at liberty . Sentence against tho prisoners deferred . John Walker , 29 , John Riding , 24 , Joseph Naylor , 23 ^ EmanHel Hutlon , ' 29 , Mineas Smithies , 47 , and Frauds Ruhworlh , 21 , were next placed iu the dock , ana charged with conspiracy and riot at Bradford . The defendants pleaded Guilty of the riot , and the Gcomi counsel did not press the conspiracy . Sentease deferred . THIRD COURT .-Thcbsday , March 19 . ( Before Thomas Siarkie , Eiq ., Q . C . J Si / shard Hilton , alanatic of Huli , kilUng Charles DowUly , ia tie lunatic asylum at Hull . Acquitted on ihc gtoundof msauiiv .

      Jadez aanison , pietwed guilty to a charge of maii-i'Hugaier . Fined loity shiliiugs . Marg JiardiaU , ut Leeds , pleaded guilty to a ebargdof bigamy , tfiued foity shillings . Robert Hargreaces , indicted for embezzling a sum « fsiouey . Acquitted . FOURTH-COURT . - ^^ ( Before D . Dundas , Esq ., Q . C . J Sarah Sykes , receiving stolen goods . Acquitted . George Mason , and William Cowling , for night poaching . Six months hard labour each .

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      YORKSHIRE ASSIZES . CROWN COURT , Thcbsdat , Mabch 19 TRIAL OF

      THE BAMSLEI CHARTISTS . Joseph Crabtree , 33 , Peter Hoey , 34 , and William Cutting , 26 , were indicted for uuiawlully and sedifeoasly assembling at Barnsiey ., on the ISthof Jnly last , and lor conspiring , vim intent to create -and otherwise disturb the pease of her Majesty ' s ** jeew . - Mt . Baibes and the Hon . J . fi . Womlo t ton-4 « ttedUio prosecution ; Mr . Witgu * was retained S * r the defence . Mr . Baixes stated the case , and Jfr . Woa-rimr -called '

      ' Jfcinis Smitu , who said he was present at a public aeetagin Barnsiey oa the 16 th July , aud he heard Hoey suivL » the people . to keep a sacred month . ae « ai « i that every mm who valued hieliberty would « ep that month . A natiosal holiday ha eaid would wanafaonal revolution . If every man kept the MMay he nelieved it would bring about revolution , ** before the end of that month the Charter woulc £ * & * " £ the knd ' Ho ssid the Government « as Woott-tarstjf and tyrannical , and as ameans of -JPPftjuigtueir tyranny he advised every man that aeart him to procure arms . He said till lately he aA- ^™ * \ maral 4 « ce man , but that the X , « f the . grants latdy had produced xSWV ' i 10- Hc was nfW a Physical-force man . Jjeph Crabtree nest spoke , and leeumnended the jwpietokeep thu holiday . He said to thought

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      be weavers « f Barnfley would keep the : holiday . There was another class of operatives who , he hoped , would also keep the holiday ; He said he meant the colliers . He hoped they fe would , that they would come up to the surface , : aud bring their picks or mattocks with theodMf they would come . up , said he was sure theywrould not long remain idle ; they would try their picks upon something softer than they had been accustomed to operate upon , and with their help they will soon . fill their coffers . He hoped they would do so , and before , the end of that month they would have the Charter . He said if the Government did not give them the Charter , they would slight a fire large enough to warm all England . They were determined to have the jj ^ i ^^^^^ h ere wan annflioi . oloDonf <» u ««; .. nnill > h /> 1 »» uiJ

      Charter , or -England would be a heap of smoking ruins , uke iRome , in one universal wild waste . He said the colliers had it in their power , together with the other operatives , to stop the steamengines and the factories , and the smoke-jack of the aristocrat . The speech was loudly cheered . William Cowling was also at the meeting , and he began by reading a newspaper aloud , ; on the Birmingham riots . He afterwards said the Government were tyrannical -and bloodthirsty . Ho said the police were damnable , bloodthirsty tools . He said the police were the aggressors at Birmingham—that the people < of Birmingham had behaved nobly . They had set Birmingham in a blaze , and if the tyrants proceeded wiih their acts of tyranny and oppression , all England would be in a blaze . He then recommended the people to procure arms ; He said

      ne naaaeen to suemeldwith s friend , and had goodnews . to tell of there , for while there he went to see a . pike manufactory . The workmen at that establishment told him they were at work night ana day . amUhat last week they had finished and sold 500 pies , besides a groat number of other weapons . Tfee people , he said , were also procuring guns , which could be obtained from lOs . and upwards . That , ha thought , -was an example worthy of jmitation , and he hoped the people of Barnsiey would follow it . He was convinced a crisis was at hand , and if ihe people were well armed , he had no doubt of the issue . The upper and tte middle classes might obey the law made by Parliament , but we were not bound to obey those laws . Cowling was-greatly cheered . Nothing wag said to qualify what was here stated . ¦ ¦ ..,,. : ¦

      Cross-exammed * » y- Mr . WiCkins—I havo been police collector since April . I was a tea dealer before that , and travelled to sell by commission . I have attended elections , and taken part on the Conservative side . I was a canvassing agent . I was never engaged in thecapacity of a reporter . : I swear that I wrote this on the night of the meeting , before I went to bed . I know a man named John . Handiside , a bookbinder . I never made use of any notes of Handisides , nor hare ever seen them . 1 know Mr . Mence , clerk to themagiatrates . I do not know that Handiside ' s notes were everlin possession of Mr . Mencc . I never obtained ¦ possession of those clandestinely . I am not aware of having "brought

      witnesses to him tor this occasion . I know JohnjBatman , and have been at his house . I swear that I did not call at his house after going to the magistrates . ' I have not seen Crabtree , the prisoner , there . < I never said to Batman that I know I have said more before the magistrates than lean prove , but the gentlemen of the town required some one to give evidence . I never made a declaration of Republican principles . I look with abhorrence on them . Dunng the time I was there I never entered into conversation with any one . Hoey was in the chair . I was not sent there to report the proceedings . I communicated what I had heard to the magistrates about a week afterwards . No one saw me write these notes .

      Wm . Tee was at the meeting referred to . There were about 2 , 000 persons there . Hoey was in the chair . The speakers were on an elevation . I heard the most of what was said and wrote it out next morning . I liad then what was said distinctly in my mind . Hoey said that a National Holiday would be a National Revolution . He said he had been for sometime a moral-force man , bnt he was now a physical-force man . He said , looking to theeonduet of the tyrants at Birmingham , he strongly advised them to arm as fast and as well

      as they could . Crabtree said he believed ihe weavers Of Barttsldy woald , and it © colliers he ' believed would be mainly instrumental to succesi . -They could stop the steam-engine of the factory and the smoke-jack of the aristocrat . The witness went on and corroborated the evidence of the last ' witness respecting what the speakers had said . Charles Bailey , sheriff ' s officer , said he remembered the meeting , and was very muoh alanioed by it . -.. . . .- .-fsTr-Charles Tee , mannfacturer , Barnsiey , remembered there were meetings about July last , and the town was in a very disturbed state . Had to arm his

      men , ' . •; . By Mr . . Wrkins—Had not any cannon .,. Did ^ not suffer to the extent of a blade of grass . This wasihe case for the prosecution . ' Mr . Wmussxose to address the Jury , and asked them whaVthey thought of the two last witnesses ? Did they thins they were men of very extraordinary , sense ! Did it Mow . that , because they were alarmed , that there was any real cause for that alarm ! He really thoughVthat this was the most trumpery case that was . ever brought into a court of justice . TheBe men said they , were alarmed . Did they recollect what took place during the late war , when the threatened invasion was so much talked of ! It happened , during that time , when this ridiculous alarm

      prevailed to so great an extent , that , in Dorsetshire , sentinels were placed along the seaside , and combustibles were placed along the hills , in order that , on the appearance of the enemy , they might at once be able to give the alarm to the neighbouring towns , and call the people together to defend the country . Now , it so happened that on one occasion a poor luckless wight of aa oyster-man had the misfortune to lose his oyEter pots , and they floated out to sea . These were seen by the sentinels , and were mistaken by them for the ships of th « enemy : the beacons were lighted , tne drums beat to arms , and the whole people were called out to meet Napoleon ! ( Laughter . ) This was just on . a par with these foolish people at Barnsiey , who frightened themselves with unnecessary and idle notions , which were never called for by the foolish remarks made at this meeting . TheLeaniedGentlemannextproceeded to animadvert

      on the evidence of the two first witnesses , who pretended to relate what had been said at the meeting , and yet acknowledged they were not reporters . Why it was perfectly absurd to suppose that ' they could recollect with accuracy what had passed . The best reporter in the House of Commons could not go into the gallery and pretend to carry away , without notes , a report like that . The Learned Gentleman cautioned the Jury , therefore , to receive with caution what had been stated , . especially when they recollected what ^ i different construction the omission of a single word might ( give to the sentiments of asoeaker . Mr . Justice Erskike then summed up , observing that there was no pretenoe for a charge of riot , and the question for the Jury , therefore , was as to whether the other count , charging the prisoners with conspiracy to create ah unlawful assembly was made out . A

      The Jury almost immediatelyreturned a verdict of Guilty of unlawfully assembling . Sentence deferred . John Widdop , 23 , Luke Hobson , 32 , Thomas Lingard , 21 , George Utlley , 25 , Francis Fletcher , 26 , Thonjas Heslop , Joseph WWHnson , and John Vallance , 44 , all of whom were out on bail , were indicted for conspiracy and for unlawfully assembling at liarnsiey . The prisoners pleaded not guilty , but afterwards , at the suggestion of their Counsel , altered

      their plea to that of Guilty of assembling , but not of conspiracy . Upon the latter count , the Counsel for the prosecution said tHey . would not proceed , and the Learned Judge , addre ^ mg the ' prisoners , told them that he understock JSom the magistrates of Bsi * n " 8 rey ~ that they were ^ oTopmidnTthatine prisoners might be set at liberty without danger to the public peace , and they would only be required , therefore , to enter into their-own recognizances for £ 10 each to appear when called upon , whichjwould never occur if they behaved themselves peaceably .

      The prisoners entered into their tecognuanoes , and were discharged .

      CROWN COURT , Friday . ( Before the Hon . Mr . Justice Ersk ' me . ) Charles Brown , 52 , was indicted for an unnatural crime committed at Hull , oa the 5 th of August last . The details , of course , are quite unfit for publication . . . The Jury found the prisoner . Guilty , and Mr . Justice Erekhie proceeded , in a most impressive address , to pass the awful sentence of DEATH upon him , observing that , in a case like his , where the evidence was so dear , he oouli held out no hopes of mercy . . / . The prisoner protected his innocence , and begged the mercy of the Court UH he was removed .

      PAKR 1 C 1 K AC QVICK . ¦ James Babdsleit was placed at the ' bar charged with the wilful murder of hk , father , John Bardsley . at Quick , in the West-Riding . The prisoner pleaded Goii . Tr . The Learned Judws asked Wm if he knew the consequences of his plea , ai » d he replied that he did , and persisted in it . He was sentenced to bo Hanged , and his bod y to ba buried within tie precincts of the Gaol . He heard the sentence without emotion . SIaxslaughteeatBeadpom ) . —Jacob Farrar , for kaiuigMzabethFarrar , his wife , in October last , at Bradford , by brutally beating and kicking her , was convicted aud sentenced to two years imprisonment , with hard labour .

      The KEiGHtEY M « RDB » . -Cftorfes Burton was chargedmth the murder of Betty Burton , his sister , at Keighley ^ on the 13 th of October W ina acquitted on the ground of insanity .

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      THE WHIGS AND THEIR SERIES . OF - ; PROSECUTIONS . ; ^; ^^ The Aitokmet-Genebal was plesteed vin reference to the remarks made by Mr . O'Connor oa the dastardly conductof his Government . infliot daring to bring him upfer judgment , onthecohvictionobtained against him-by their trumpery prosecution qf last year , to take mighty credit to himself and his Government ' for their lenity and considerateness of

      character : fhey would . not-inflict hardBhip ' upoh Mr . O'Connor . ; they-would notgivehim . justcause of complaint ly incarcerating him for oj&e ' . onbneo while they we re preparing to ' prbsecjite bim- 'fdr another ! We shall be best able to / stimate ' this considerate mildness by viewing it in connexion with all the circumstances '; and [ -especially in connection with ' tho / general , teaor v of their conduct iowards Chartists . Mr . ' O'Connor is

      a foe before whom , ' though- he has compelled ' them , from wry fear , . to grapple with him ) they quail with consciousness , not merely « f wrong , but of impotence . - Did their boasted leniency , | the ] Q , in the beggarly matter of ' the Warajnstyr : Guardians ( theallegations in whictimatter havehever ' tjetbeen disproved , ) result from a . principle qf justie ' d p " r of fear ! To p » ye this , let us 8 ee how ' they order things in cases where they feel themselves not quite so sure of cassation . How . do they conduct themselves towards Henry . Vincent t' ViNCENT is a poor working man—a journeyman printer . . He has been

      now lying , at the suit of ; this mild and lenient Government , eight months in a dungeon , and there are several other trials . pending over bis head . Do . they delay or , remit • judgment in : ^ the one case that he may . Have . time to prepare for the other ! No ; incarcerated as heii ^ ite iB . 'y | t ' 'P . roie ' ? edited by the lenient Whi | l ^ fdf 6 t hW aUe ^ g ffenc . ej ) of precisely ' the samei castei ' vHe ^ io !^ bV ;| cagged from his dungeon next week ) to be-plaoea at the bar , before a Special Jury , at Momnouth , with the recollection of Frost fresh upon their ' minds ; in

      order that ,, when his preseiQt . term of imprisonment expires , he may be again taken care of , and , though there are three fresh indictments against'lamfafc only to . he now tried on one oftheni—the oih ! ers BKIKG KEPT IK BESEHVE FOR A THIRD AND FOURTH treat . Edwards , of Newport , is to be tried ' with him . We understand that counsel has j ) eon engaged to defend Edwabds and to cross-exaniiue witnesses . Vincent will defend himself ;! -We shall have a special report of the trial . *? . ;• : ¦ _ _ _ - . - ¦ _ . ¦¦ ; ¦ ( ! : :. * ¦ 1 . 1 " .

      Mr . Richardson , of Manchester , is , also stp be dished up far the Attorney-General ' snshash " of patriotism next week . . We wish the-iearhed Attorney joy of the dressings Be and ; his >| Shabby' ?; Government will get from both Richardson and Vinchnt , poor men as they both are ; in ailditipn to the small beatings they hive already fgo | Jiom Mr . O'Connor . Richardson has had no assistance for his defence from the public , ; of wKom'he haa ; well deserved it . " We ' refgrtdapar ' ag ^ n 't ^ j ^^^ refertnee to this matter . / ' ; : ; :

      , In reference to the many v ? ho have been tried , during the past week , at York , we can onlyipoint to our exceedingly accurate and , lengthy ! report ; the length' olrrhioa altogether excludes comineni j and which we regret the . less because ihe sevexaircflgea are calculated to tell a plain story for themSely ^ ai j . " Teaebing siera bmths with a most . plain fe ^ petttiiL ' We shall , howeveri hereafter have something to / tea to the Atiornsy-General and the Government ] as well as to the country , about these same trials . jWe shall try to profi ^ by the lemons of the Atcorney-Ghner ' al , whom we "deem so excellent a pedagogue thai we are sorry be . Bhoald bdve been spoilt by pushing him off his stool . 'b ^ rT ?^ : ^ :. ^ ¦ : '

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      . TOTHEWORjaNG CLASSES .- / . . _ ¦ My Fw ^^^ JH ^^^ y ^ tktipn to h ^ e . ad dre&edyopjyeryT ^ lii ^ aiBeaU-impbrto of &e w ^ cj ^ m ^^ pMp ^' pio ^ B repdttfK % f the Chartist Trjais'Ob ^ o ^ f ^ ro postpon e this duty till next weekj ^ ilen ^ I ^ hall lay before you jihe most complete and systematic plan adopted ! by the Government to goad the working classes into resistance . For the present , a word—RAY « BR , jthe

      Superintendent of Police at Sheffield , was forced to admit , upon his cross-examination , that for .-nine days previous to the out-break at Sheffield , he ' had seen and been in the habit of conversing with a Frenchman of the name of Haijlej , prjso ^ e ' such name ; while every article of combuBtiW ^' pre paration fouud at poor Holberry ' s hpuBew ^ nd upon which alone he was couTiqted ,-wa 8 ofi'Frenc ^' m » nu-. faoture :, iind , without any previous-information against |^ olberry , saye what muBtr ^ h ^ Te ^ een gathered f «) m the Frenchman , he w ent to thepoor fellow / s hbusei and " He who hideSican find ^' ¦ Th Frenchman was mever seen at Sheffield since the

      night of the riot . So much for the Sheffield case ; The two-legged ; brute / Harrison , who confessed himself . guilty if everyt ~ de % iptioja ( of yfflany , would not Bweaif''ihat ' he' ^' no " tjce ^ ed ^ & « m ' Briggs , the conseriialor of- iiie : . peaieVafc /^ radford , the sum of £ 80 , the wages whieh ^ he ad ^ - mitted was for deluding the -Chartists . ' \ This ruffian led poor Brook up to the Boldiere justas he knew they were leaving the barracks , uponjjfhicli the poor fellowexclaimed , "We ' re all sold ? M He admitted that thelMa ' giBtrates knew all about the

      proceedings . ' ^ So much ; for the Bradford oa ^« , ' . ; ,. . j ' These conspiracies " j , arose , out . ' ofe Becret meetings . Hecolleci my ea ^ ladTiee , .. to' you , when I told you that at those ¦ meetings , itipbeBt men wer « invariably Baorified to the " greateBt villanis . The principal charge ' of the : Attor ncy-asneral ; against me vraa . the . misbhief occasioned by . those meetings . Upon them , and upon them alone , I was found guilty .-I care not what I suffer , in the legitimate prosecution . of the glorious cause . ; but is it not toobad that . I am mada to suffer for all ; and all who ' act against my

      advice . However , never mind ; yoUare'too " p 6 or to be scolded ; I wish I had scolded yonfa litth ) irioro . The Attorkey-Generai-V complain ^ wasV ^ tfeat ; dirnOtircordy ^ nTbutrshaliBliOT ^ lf not bring back Frost , WiLUAMS , an 3 JdNESi-1 would suffer six years imprisonment to see them once ipore restored to their families . Don't you inind ! the Chartist trials . Leave them tome ; and you go on with FroBt . Read towards the elose of my trial the great anxiety of the Attorney-General t ^ lockme up at once . Does not that &ow ; tha £ : he * w ^ me ; but when he doea'cjatch me , f Shall bopoie '

      myself with the reflection that I have perfumedflierWho ^ atmosphere with a scent—the assen . ee of Chartism ; Every day at York was a Chartist toeetipgt ¦ 'with £ Judge in the chair : I made five Hundred toonVerts at least niyfelf , upon my own trial , | OTd . i || hey butoher one " half of us , the other | ha ] ir ;^ ulf ? derive the" benefit ; . 1 ; am alinoBOprry that , we had two so good ' iudges , ReafiV and ^ firuly , my respeot for the . man who > t ^ ed mia ^ prevented me from Baying much which I might otttoivnsehswe felt Wined to sa ^ ' % to me , t ^ iey are sure to find me guilty . If the AUowey ^ GeneU indicted me for being a Christian , he could impajmel a Speoiul Jury of Jews to hang the CbriBtian dog . :

      If yon 7 k » te auy . i . reaped for yourparty ,-ipirr ., principles , or yourselves , you . must befdeligb ^ at seeing that the poor ChartiBtB . \ had man fof man to defend themselves against the-CrovroproMcutors whild I fought the Attorney-General , a Sergeant-at-law , a Queen ' s Counsel , a Member ^ of , iVHamentj and stuff gown , single handed . Now the . T wally so over-measure their own powers , ttfiat they 'imagine they have put me down ; butr ^ vith tho blessinJo / . God , I ' will rally you nextweekVand prepare you _ fof ariwher battle , We '; ari '' now Tdry vm £ \ a cruig ; and ; if i ^ had ^ t'beeii for tha 'de 8 ^ r | iou « f thow who pirofeMje ^ 'jo be

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      leaders , that crisis would have come long since , and Universal Suffrage , ( ere neWj would hare been the law'of-the land . ' •¦ But , mt mind I it . shall be , if I losei my lifein . pursuit refit . . Next week ' we are to hayeBaclieal meetiugsat Liverpool .-Tis worth whilo tosufferalittleimprisoamenttogettheirCourtHouses to meet in , and order so well kept ; but I don't like their reBolutions . I wian we' could move an amendment . God bless . ' you !; My motto still is-i" NO SURRENDER ! " : • ' : ¦ : V , Your faithful Friend , . ' V ; : : » : ; . !'; ¦' . FEARGUS O'CONNOR . ^ ^ . Yoik , March 29 , 184 O .: f - ,, . w . i c .. a > » j v « - « V » , n V ^ a

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      Thursday Evening , March 12 ft , v , - ¦ - - v' : ' " ¦ " ; : r- Half-past Six , p . m . The . meeting of the Baiik of England proprietorB to-dayhas absorbed ' all other questions of businesB ¦; amprig the money-owners ^ and ' a ' -very dull market ^ aS be ; en the consequence . ''• ' ' "' " ¦ Wl Anti-CoriJ Liw- Meeting ; - -At the Tower Hamlets' Anti-Corn iaw Meeting last -night , ihe Chartists mustered in- considerable numbers , and carried

      ( notwithstanding' the assertion of the Sim to the contrary , ) ah amendment to the effect of first endeavouring to obtain an extension of the Suffrage . The niESOLT of Mr . Feargiis O'Connor ' s trial has created a'deepsensationof gloom , and is tho topic of univers " al conversation to-day : meetings for the purpose of . taking into consideration tho best means of procuring the release of all persons sentonced to imprisonment or transportation for political offences , are announced for Monday aud Wednesday next . APPREHENSION 1 OF MR . BOGGIS , ONE OF

      - THE BETHNAL-GREEN CHARTISTS . , . , .. / BOW-STREET , ( THIS DAY . ) t George Edward Bpgsis was brought up by Superintendent Pierce , ' Hi * division , oh a charge of having , on : the 14 th January ^ used certain inflammatory and seditious language at a Chartist meeting in the Traae 3 ^ Hall ,: ^ bbey ^ treet v , Bethnal-greeh ., " The prisoner , had pe ' eh ' smce out of the " way , arid witness had travelled upwards of 70 MeB to ' apprehend him , but without sucdess . ' . ' ¦ ¦ - . [ This is tlieMrVB . aUudedtoi in our London Correspondent ' s cbmmuriication 8 , ashavingbeen"looked well after" by Mr Goulding , the ex-polioeman . ]

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      ; ;' -- ' ' ^; % - / ¦ ' LEEDS / ' ; 1 ' - ; ir ; ' ' / - . ; - / : ' .,- ' Thb Chartist , Prispners . t-At the time of our going to press no sentences had been passed on any of the many Chartists convicted of political offences . ... ¦ . ; -j . v' : ; . ' ' ; . Mr . Martin ' 8 'Trui ,. —In omr report of this trial , given in oun seventh page , the reporter has , by some strange oversight , neglected to furnish either the speeches of counsel for the defence or the verdict , which was " Guilty ; " Sentence deferred . Nottingham ' Chartists r-At the Nottingham Assists , Mr . WpodUoiiso , the late Member for Nottingham in the Convention , and Messrs . Jonathan Barber , J . . T . Wright , and , Thomas Legge , have pleaded guilty , and have been discharged by Lord penman , en entering into their ovra recpgnizances . ih the sum' of £ 100 , and finding two sureties in £ 20 each , for their appearance to receive judgment when callod upon .

      SALFORD . M » . iRicHARDspN ! s .: DEFENCB Fund . —The committee for conduAtuiglthedefenoe of the above-named individual , earnestly ' request that every Radical in Manchester , Salford , and the surrounding districts , will-send in their mite to enable Mr . R . to meet the base' -Whigs .. at the next Liverpool Assizes . Tho committee have appointed the following places to receiyti ^ subsoriptionB . ' Mr . Bai ' rpvrclough , ljjp . 16 , Barlow ' s , Croft . - '' Mr . , Duxberry . ghop'keepM , Chapel-Btreeti' Mr ; AVMenchant , Oldfield-larie , Salford . Mr . WmiBibookseller , Hangi ^ ditc hV Mr . James Wroe ; book 8 eHerV ; and' Mr . Edward Nightingale , Great'Ancoats-streetjManoheBter , and by any member of'the committee . ¦ ' ¦ . ¦ . ' ¦ ¦¦¦ ¦ ' ¦

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      xwiies orjAssessments auinonsea to bo raised under aiidfby virtue of an Act ' o ' f Parliament made and passed in the Fifth ' Year of the Reign of his late Majesty Ktag-: George ^ he , Fourth , intituled " An Act -for'Lirttingy \ Cleansingi and Improving the Tpwa and Neighbour « j $ d : pf LeedB , in the Co untv " of Yo rk , " will beheld in thMestiry of the Parish Churoh ( St . Peter ' s ) , of Leeds-aforesaid , on Thursday , the Twenty-Bixth Day of March Inptantj .. at Twelve o'clock at Noon , to Audit and Pass the Accounts of the Commissioners for executing the said Act for the : Year 1839 , pursuant to the said Act . ' - - " . ¦ : ir ^ CHARLES TURKIN&TON . : ' '¦ . .. . MATTHEW OUTH ^ AITE . CHARLES SCARBOROUGH . ; ¦ -.: - -V JOHN METCALFEi <> <>*' ' ¦ " n-r : i WILLIA M RAISTRlCK . ¦ fi {; i ' c ; :,. - .... P . L .. ATKINSON . "' ' r l .. ' -.,, » . ? . . ' . . RICHARD PYATT ., r ' . ' ¦ •;; " ' ¦ ¦ /¦ EDWARD JOHNSON , Churchwarden . 'l ) eeds ^ ¦;; /^^ r- '' y ¦ ' ¦

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      ' ::-. ; .: ^ ' ;^;/ . - ' CHARTISTi * RXAIS . v ! : ! e : ; - - . -:. . . . 1 MEETING will beheldin-CARPENTER ' srHail , ill GARUATiv : RoAi ) , -Manchester , p ' ii Monday next , March 20 rd ^ af-Eikht o'Clock in the Evening , When th 9 . ' ^ 6 ^ ib ^ : ey ' 'M ^ chestec ^ PrisoIler 3 will ^ S ^ S ^^ I ^? tMv' Friends , ' previous to ^^*« #£# ? . « ir Triala at the Kirkdale \ A 8 SIZw ^ s ! pi 5 wS ^ CT ^ - ¦ ' - '¦¦ ' ¦ ¦ '"•• ¦ " '¦ ¦ ''¦' ¦ ¦ " ' ; - ' " - -FE'AiRi&W 1 ) 'l 3 QNN 0 R Esq . , ' and BRON , TERRE pmiENi Esqii ' are expected to attend . ' 'Admissipu ^ Twopence , eaoh , to defray expenses , and the SurplttBJtd . go to'tKe pefenoe'Fuiidr ; ! - . . ' / ,,., ' , ' . .. ';'; By order of the . Committee .

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      GREAT REDUCTION IN TJ 3 B INSURANCE ; ¦ ' . - . ,:. ' - OF FARMING STOCK . ¦ ftOUNTY FIRE OFFICE , REGENT-STREET , U PICCADILLY , ESTABLISHED 1807 . Trustees . . His Grace the Duke of Rutland , K . G . The Marquis of Northampton . . The Right Hon . Lord Nortb wick . : Glynne Earle Welby , Eaq ., M . P . John Gillyat ' t Booth , Esq . Barber Beaumont , Esq . ^ F . A . S ., F . G . S . = .:. ;; . ' . - ... And Sixty Directors ..- - . - " DlRiiCnORS FOR YORKSHIRB . WiLiuM Oddfield , Esq . ' . ' ' Edward Priest , Esq . RoBBtiT Raikes , Esq . Isaac Spencer , Esq . George Liddle , Esq ;

      • In consequence of the diminution of incendiary practices on Property ot Farmers during the last lew years , the Directors of the County Fire Office feel enabled to Reduce the Premium for the Insurance of Farming Slock to Is . Od . per Cent ., without the Average Clause , and la . 3 d . with the Average Clause . -..... ¦ . ' ¦ : .-/ It is now Thirty-three . Years Binco the County Fire Office was instituted , for the express benefit of Country , Residents ^ and under the supervision of SL ; ocal-Directors , uit , has ., beeneminently auccesBful : it is the only Fir ^ iheo . that has made regular and returns to

      large , ' . Sho parties insured . These : have been coustantj . aud ; . have-amounted to £ 13 , 060 . During the above period , upwards of Forty Insurance Offices have broken up ; some with the loss of everything . . Amons the extraordinary number which have recently-sprung up , many are evidently not intended to laflt . ' , . ¦ , - ¦ . ; : ; Tho closing- . of the Royal , Union Offioe in Lancaster Place , whioh'took place a few weeks since , and the complaints of numerous Persons at Bow-Street , who hsd deposited ' all they possessed in that Office , and were left destitute , is a warning that ought not to be disregarded . . . . - > ¦ ii

      AGENTS . - ; JoshaaMuff ...... i ... ' ........... Leeds . 1 Joseph'Gradsby ... ; .... Biwtry . ' William'Kubwlea ............ ; ¦ .. Bedale T . E . ^ urnef < Bauk ) ...... ; .. Beverley , -: JotoFurby . J . ^ .. ^ ...,. i ....... v BridlingtPB ; John Wilkes * , ; . ;; .., ^ ...... ,. l ) ew Bbuty * H ; B , Wake . v . ;^ ... J ....... ; .... Goole / ' ' MjQ astaA-wi .. ;^ . ; .. ; . - ; ,., ; . - . - . - Halifax . Wilkam Barker . ^ . w ......... HuddergfieW

      ™ % W ' " -. v ..... Hull . W . C-Turiay . ; .... ; . ;; .- ....,. Hpwden . -Robert Gott .... ; ....... ; ...... ; . Kuareabro ' ^ . Charlotte Smithaon . » ..... ; ... Malton . ! ; - ¦ , Josephi Smith ........,.,,...,.... MarketWeightom ' ¦ '• " ? T e " Hare ••••» « Northallerton . '¦ : ' ft w& ^ i • • • PontefrMt ., ; - . ; : M . Whitelocfc .... Richmond . Wm . ; Barugh .... v .. ; .. Ripon . J Robert-Maw .............,..,....: Scarbro ' . Henry Mann ... : SoiK « . nenrywann Selby ¦ - ¦ :.

      . , . , John . Gibbins ... Settle . ¦ •• R . J-Gainsford ....... Sheffield , ' JohuGoodwoith Thorno . ¦ George Hurst Thirsk . .. R . Palmer Wakefield . . - •; . 'inomas Marwood Whitby . , h Blancharci aaidKichardson ,.. York . . .. .. Tto aboTeara'also ^^ Agents for the frotidwt Me :: X : r ' ; : > w -uffic ^ - ^ - ^ .. :. > :-.., ; --. > ¦ - ' . . : . ' . ' W" !' . . - ^ . -- ... . ; .. - .. ! . - , : ^ . -:. ; . . - . :. ; -. .. ¦ ¦ ¦ . ! ¦ ¦• ' : > - : - ^ . , o- ; , % i ; r .: Ki ::. ; -i . ; . ; " $ & - .- ;/ \ , v . . - .- ' -. . . .

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      YORKSHIRE ASSIZES . ; ' ¦ ¦' . ( Continued ' fromiourFirstpage . ) ¦ ¦ ¦ '¦¦ Stockaale on the' rack the ^ bette sf ; for the sooner will we merry " nien give , tuVgrants a taste . of their own physic , after the good old ' sledge-hammer school of argument I hear the Frenchmen pulled down tho Bastile a while ago . We'll do the same with Newgate ; and when our hands are in , belike we may go further , and lay pur quarter-staves over the haunches of the Parliament men themselves . If we orn't to have law , we won't have law-makers . Yours resolutely , . Wat Tiler . x ¦ ¦ f n *~ n ~\ . ^ e-. L .... . „ zv _ . j . »^ I . . ¦

      " Now , " said he , " Gentlemen ; that's libel in the Star , but , by tho process of one magic word , Twill render it n » libel— " Taken from the Morning Herald . " Now , Gentlemen , tbia is a curious war of reducing guilt to innocence , and yet so ik is . But is there a single paper in England that ha 3 not , in the common acceptation of the word libel , - libelled the Government over and over again . ; Anything , we are told , that lessens its authority or brings it into contempt is libel ; and have not you read in the Times and other papers that it is a' ahabby ' Government ,- au' imbecile Government , a ' destructive ' Government , and' a revolutionary' Government ? Now , are these terms calculated to , inspire respect or contempt ? Or does the only distinction consist in the chance as to by whom they shall be m used ? And ' yet ,

      Gentlemen , ' if this -ms charged upon the Times ' , ¦ aud if Mr . Walter appeared where , I ; now stand , while the libel was being read , would you transferths odium from the paper to the individual ? No ) you ' would not , and upon this conviction the Attorney-General rests his hope of a venliot . Gentlemen , ' prosecutions for libel are always of a political nature ; and , inasmuch as the Attorney-General , evenwith his extensive powers , could not ensure an exclusive Jury of either Whigs or Tories , the Attornoy-General darenot try . the proprietor of a Whig or Tory journal , either byce officiq or by . iudiotment , for a political offence , while he may safely calculate upon a happy union of both parties for a verdict against the Northern Star , Gentlemen , a word of truth will sometimes transpire through a multitude

      of falsehood , and while the Learned Gentleman has attempted t « fasten upon the Siar and its circnlation all the mischief that has been perpetrated , he has by a happy chance 'attributed'thoso evils -to secret meetings . The very course which the Northern Star baa systematically denounced . Thus have I not warned the country against the very system to which the Attorney-General attributes all the mikchief ? I havoj ; butbehlndall the truth isicoricealea , arid' thjat truth is , that the iVbrttern Stormustbeput down . ' But I defy him . ¦ Gentlemen , what ! I say here , ' though doubted by you , will be believed by millions , and if I were to take another course , than that which I'have ever observed , those millions / whose good opinion is dear to me , would justly denounce me ; and in the face

      of the country I say that which I shall presently provethat the tendency of my every speech and every admonition has been to make the leaders work morally , and that physical force would fade ; toworkstronglyand openly , and secret meetings would vanish . The Attorney-General has fallen into a legal error , when he told you that if the publication had the tendency to excito to insurrection , the crime was complete . Gentlemen , I deny it , without it also carries with it the malicious intent . Suppose I tread upon you , or otherwise inod ? . vertently injure you , it has a tendancy to hurt you ; but not having the malicious intent , the mere asking of pardon excuses the inadvertency which would otherwise bean offence . Gentlemen , in all times , and in all ages ,, it has been the admitted right of the subject to

      canvas openly , boldly , and censoriously the acts of those upon whom our very existence depends ; and Gentlemen , if it is necessary to do this for the protection of my party , and the advocacy of my principles , though you return six verdicts of " Guilty" through the week , I will repeat the offence on the seventh . ( Manifest symptoms of astonishment . ) What is . the pitiful subterfuge of the Attorney-General , at Monmouth and . elsewhere , against this mode of frcolyeauvasaing the acts of the Government ? He tells you that- a Minister is responsible , ' and liable to be ; impeached . But , Gentlemen , if the finger of scorn , was not ; pointed , -againsti the transgressions of > the ; Minister—it the warning voice was ' not raised to admonish ' him—H . the simple line of- duty 1

      was not pointedout : by stricture ' , 'iby censure , and by chastisement , if merited , while the Minister was walking in his evil path , what would be his defenco to an impeachment , when : his slreugtnof party had merged in opposing power ? Would he not truly and justly say , " You allowed me to proceed without admonition , by the absence « f censorship . You lured me into the apprehension that my ways were virtuous , by your reluctance to administer timely reproach . You have led me into error ; you have waited till you packed a jury for my conviction , and then yoa . have submitted your timidity as the grounds of iny guilt" Gentlemen , as a prosecutor , what should be my answer to se-just and reasonable a defence ? Would not the consciousness ef my own guilt prove , the innocence of the accused .

      Gentlemen of Yorkshire , I stand here upon my deliverance ; -I stand here , I am proud to say , as the acknowledge ^ leader ; 6 f a party of those who , claiming their ovra rights , seek not to destroy yours . I shall now lay before you the opinions of those learned in tho Jaw , as to wtot dpiBs constitute libel . I throw down the gauntlet , ' met ,, as I am , by . this powerful array , balanced-only , by the discretion of the Judge . I ; d o not ask au&Sguittal upon a single act s I do not pray inmercy ,-o 5 kl demand my release upon the purity ' of my whole lifo , whether public or private . Gentlemen thus I enter the lists with the ' Learned Gentleman ; I give him- the press to his aid ; I shall Mng no action , and I defy the whole phalanx to charge me with' one ; mean , ungentlemanlike , or base act

      through the whole ' of . life . I place my character in comparison with any lie dares to adduce . My only crime will be consistency of principle , and adherence to the democratic cause . Gentlemen , in the course of what I have to say every thing will be considered irrelevant ; it has ever been so upon charges of this nature , and it ever will beVao / and this is my greatest difficulty . The charge ia most comprehensive , while the defence is most limited aid narrow . Every word which I utter , from the plea . ef "riot guilty" to the close , the' Attorney-General will designate as irrelevant . In ' any other case , if testimony to character was admissible , I niightand could produce it bufhere you must ; take my character from my general practice through life , which ' shall , however , be so uniform as to

      leave ; no- doubt upon your riiindB , of the absence of malicious intent Gentlemen , lam a stranger . ; ' / 1 will not say ^ alien in ltoguage and ' ^ ji blood ; buVyet I ani a ; stranger , and yoii" are ^ stranger ^ to my motives . Of thosemotives iaa ; iews , arid objects , you will judge by the tenor of my life rather than by an isolated act . The charge incjSrporates every thing that is horrifying and / yet . thought have lived amongst you , and althou « h my every act hasbeeh narrowly scanned , yet I defy you to say that I have lived a debauched life , a gambling life , or a dishonest life ; that my name has ever been mixed up with-anything mean or unbecoming the cause that I advocate - ; and if , Gentlemen , there shall appear a , total . absemievof , general vice , you surely will not convict me . upon the supposed vices of others . Gentlemen , I shall now open my legal defence by what I consider a legal definition of libel . Mr . O'Connor then read the following' ' definition . It is as follows : — "A publication reflecting upon an individual

      community or order , wherein the proof of thefactsallegedshows a maUcious intent , rather than a desire to promote general good ; and whereby the danger to society is likely to be greater than the benefit to society ; the malice to be inferred from the fact whether exposure is preferable to concealment . " Such , Gentlemen , is what I consider a fair definition of the law of libel ; and how I como to the alterations which have been made in the consideration , if uot in the principle , of ihe crime I am now speaking of libel generally . The first great change waa made by the 32 nd of George HI . c 60 Antecedently to that period , the presiding Judge was tho judge , of the law , and the Jury were merely the judges oi tho fact ; that is , in other words , there was no necessity for a Jury at all . Gentluinen , I pray your attention to tho period when , and the circumstances which led to this change , it was in the memorable year of X 7 S 2 when the eifecte of the French RevoSion d ^ .. £# . ' e «« lW ? J «« ym threatened to shalc «

      r , urope o its centre-were felt . " ^ Tjp to that pMof ffie ' kvw could controul the expression of sentiment ; St when politics were-likely to- tekea wider range S cuatovn had P t 6 viouB \ y proscribed , the two rival statesmen of that day ; who , seldom agreed uponTy great po - itical jueaaure ( Mr . Fox and ^ Mr . Pht ) £ n acquiesced in the propriety of surrendering to neSy what would otherwise be forced by example ThoV « n ¦ SSKffMSW-. 'SS . 'SSiSS r ^ M promote HcentiousnesUutto

      . p ^ rveVw wS mostnanowlimits , tiioso HmitaSh the tempertf il&Z ^ IT *' -Thus wha * Si 533 w ustice was conceded to fear ¦ The act having passed the Commons , was opposed by Lord Mansfield in the lOTds , in consequence of the extense of protection which £ v T ? tT r Te had fuiniskli t 0 J udic { al iniquity . ThaUudge , ever ready and ever forembst in stretching the law as it formerly gtood , recognised Kfs own chastisement in its alteration . The law was passed , ' *?* . ' * 1 lemen , althonga many have since complained of the haidsMp of being tried by a Special Jury , Imake no such comphint ; for when the judicial functions

      were imposed uponyouof judgiug of the law as \ rell as the fact , I see just cause for placing the judgment in those who may be supposed to be judges of the law . But , Gentlemen , so'I ' shall presently '• show , 'I ¦' do eprtplairi that'the same principle has not followed the law « f libel which' is applied to laws equally . affecting our liberties . ' ^ Gentlemen , when this alteration was made it should haS-ebtan accompanied by a power vested in the Jury pf finding a compound or a siiiglo verdict . I wuld have'thoii understood its nature and its tendency , because being invested with a duplex power of deciding upon the -law and the facts , it should havo been your province to say « guilty of publication , " which is the fact , and " guilty of the malicious intent , " which is the legal principle that . carries criminality ; or "guilty of mere publication , " which is too fact , a * d " not guilty o' - malicious intent , " which incorporates the criminality . Gentlemen , if we woi gh this with' other forms of trial , you will : find that , in pleading- to this imUctniunt ; Ilabuur unaeraUisadvant iigogvettt L ilian if I was ar-Taigu « d for murder ; ox aisaulti' : intent U « emwit

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      rape ; or under Lord Ellenborough ' s Act , for aiT ^ I with intent to do grievous bodily harm , orfm . ? ^ I forged money with intent to utter , in all and ev ^ I of which , the malice prepense , and malicicmiH " ^ I form ; t he gist and gravamen of the offence . G « M' % I I state these facts : to show that the convict ! ^ I exist in your niinda—must be that this libel h ? * l published with a malicious intent ; and that if ^ I to infer the intent from the mere assertion of « ° ar I torney-General , which I have not the powcr tod At % I as I would have upon trial on any of the aforp ^ charges the injustice done tome is , that \ pv ? 4 law could not have contemplated . Now , ( Wi ^ " - ^ h shall give the , legal acceptation of the Word i ^ 1 J delivered hy lord Burrough in the celebrate ' " * 1 Ann Tocker , and upon which occasion that ] i ^ i circumstance which is rather unusual—defenfler ti * i " . it has been observed , " said his Lordship , "tw ^ i the right of the British subject to cstablislt tw ' " ' and imbecility of the members of : Government bnt ^ must conflue ourselves within limits . If , by ' ? . ^ individual feelings are violated , then the ling Of & diction begins , and this offence becomes the Hubipt * penal visitation . " , Now , Gentlemen , continued >' b uubuur ui uiuwufk i . ^*< -.- . d . „• _ * - ' ' ... ° ., . . ¦ .. " *""'> Orforlin ... '

      y . vuuuur , - uu . , uu ^ uq j ^ q | - thus comments on this part of his Lordship ' s chanr , '• " It may be asked , hW . can members of the ( jiC " " * ment ; be blamed without an injury to . . their fcelin " ' - Bad . , measures can be-derived , but , from . on « or ' t * ' 1 sourojjj , ' knavery : and folly . * " Gentlemen , 8 ^ ? I is the-law as : laid down , by , the Judge , and rut ! is . the commentary of the . ' . legal writer . v ? . fl Gentlemen , give , me leave to . , ask you whta I according to . the most nervous straining , thcro is I the alleged libel any attack upon individual fc ( ili « I jBut , Gentlemen , you may be told that the libel is or I higher character , that it partakes of tho intent to cnab ^ insurrection . This is ^ charged in the first count S 1 which my own speech is exclusively set forth , " an ? J might be treated , and , moie constitutionally as a ' an » aggravated offence . Gentlemen !! whether ' you wtjA-l this matter or not , the . country will ; and nowl cj ^ i to an implied , although , not a . legislative , alteration yj the law of libol—I mean the change made in 1836 withij regaidtothe stamps upon , newspapers . Gonttpmen t i

      . was the spokesman of the last deputation winch waited m upon Mr . Spring Rice , then Chancellor of the Ei ^ jl chequer , upon this subject . His reasons assigned fa 9 acquiescing in the reduction of stamps upon newspa per jj was in the hope that provincial libotality would opomW ™ upon metropolitan ^ apathy ., / Gentlemen ,, was . not ; this 9 an implied assurance that ! greater and more exteneivi 1 Bcope . w « uld ' be > given to , ijhe . expression ibfVpulilii n opinion ? ' And was it not natural , to infer , that a riior « ( I liberal construction would bo put upon theiaw of libe . 1 if while « uthe contrary the liberty of a . more Deuioctii ti i n press , isnow attempted iobe cramped ? - Gentlemen , (; so much with legatd to the simple law of libel , and * ' now for the more oppressive mode of prdceening—I mean that of eaqtficio . . Of this .. description of prose . v

      cution , of its history , and growth , I must be allowed i to make a few observations . Gentlemen , the books ' do not . furnish us with the exact date wlicn prosecution \ tj . ex officio . was first instituted ; however , we can collect that this monster was dreaded and K provided against in the interval between the reigns of ' Edward III . and Henry VII ., and was nurtured in tu » reign of the latter tyrant , by , two slavish and unprfncipled lawyers , Bmpson and Dudley , who , as if per fas out tie / its , like our modern Jeffries , were res olved to gain a place in the ' page of history , and whose re . ward will be found , in the exposition of their character ' by the historian' Russell , ' in his History of Mortem Europe , ' , . dedicated to His Grace the Duke of B edford , i In . 8 peakipg of . the tyrant , Russell says , ' He Lad I

      found two Ministers , Empson and Dudley , perfectly 11 qualified to . second his rapacious and tyrannical inclin- ^ 1 ations , and to prey upon his . defenceless people . Thca » ] I instrumenta of oppression were both lawyers : thefiret f of mean birth ,.. ' of . brutal manners , and of . unrelentinr 1 temper ; the second better born , and better bred , bag H equally unjust , severe , and , inflexible . ' Such is tin J ehMftcter of tEmpson aiid ' rDndley ; and let us now con- I < siderthe light in which these favourite instruments 1 were viewed by ' tha ablest lawyers of the age , and the = precautions wuich were thought necsssaty to curtail » ; unjust and anomalous . a power , by ancient Boots of 3 Law , as Glaviile , o . . 1—Fleta , L 2 , c . 92 , 102 , 103— 1 Mag . Car . 29- ^ - 2 nd Inst . 4 G . . AH these saynoman Shall " * bo charged tut by Indlcviuent or presentment . So in ! Sts . 28 th , E . 3 . o . 4—42 nd Edward III . c 3—5 th

      Edward III . c . B . So in the year books of 2 Gth Edward III ., « all suits of the King muat be by presentment or indictment . *; Empson and Dudley principally brought ex officios into vogue . The Star Chamber favoured . ' them , but all times they received but little favour from the . Judges . Blackstone , Book 4 , e . 33 , sjys— 'T » this end the Court of Star Chamber was remodelled and armed with powers the most dangerous and un . constitutional over the persons and properties of ths subject . Informations were allowed to be received in lieu of indictments at the Assizes and Sessions of the '' Peace , in order > multiply fines and pecuniary penalties .. ' Such , " Gentlemen , is a portion of the history of that ; . monster which was cherished by the Star Chamber , and which had no small share in Droinotiny the--,

      Revolution of 1688 ; and so manifold had beenihs f ¦¦ " ! oppressions , and so glaring the . injustice of this mode * ' of torture , - that it , more than any other circuin * ' \' stance , contributed to the Revolution of 1688 . Gen- i tlemen , previously to . presenting tho crown to tha : ; Prince of Orance a committee of the House of . Com- ; \ mons devised plans ,-aiid adopted resolutions ,: foxM the , constitutional ; iprotection ; of the libeityof th » 1 subject ; and with / a proper dread of ex officio infor * 1 mations , the ' .: . 22 rid-. , declaration of that committee { decided thafcthejpower ahpuldxease . It did cease , ' ,-Gentlemen ^ pending the ; Revolution , ^ and was not / revived until the prerogatiVfrof . the newly anpointed Monarch was established-, beyoRd the controul of ¦ the conditions under which he held the crown . Then , as after every , other DhvBical Revolution , wa *

      this : power revived ; but hot , until the resisting power had been completely crushed . For & series of years we do not discover any prosecutions of this >< nature filed by the Attorney-General ; -but , Gentle- , men , when iu the plenitude of regal authority , tho power was once more found necessary for the suppression of public opinion . Lord Chief Justice Holt , supported by the other Judges of tho King ' s Bench , . held that the decision of the committee of the House of ; Commons merely took , the right of filing - car officio . informations from . $ he Master of the Crownotfice ; but , being founded , upon Common Law , was Stnivested in the AttprneyiiQe ^ eral . So much , Gen- . '¦ tlemen pf % ' Jury , as to , tl ( ft . | trugglo . which was > oontinupuBly kept up between the Crown and the

      people , for the extinction of this monster . . And now , let us consider the great disadvantage under which ' : a defendant pleads to an ex officio information . In the first place , Gentlemen , the Attorney-General files this document as the first law officer of tho Crown , as he is called , upon his own opinion of its k « . illegality . You , as plain and unsophisticated men , d , are naturally swayed , by this "declaration pf guilt , f-He does not prosecute , as in ordinary cases where a ¦¦ , failure of conviction might rest upon the incapacity , ot a Grand Jury .: no , Gentlemen , his character is at stake upon your verdict ; for , in filing this infor- > mation , he at once pledges himself to the guilt of : ! the accused . Has he not ,. then , a direct interest i % beyoud the atonement which is sought by the iu- - ' suited law

      ? Is not a verdict of acquittal of the ! defendant , a verdict of reproach upon his opinion ?! have before told you , Gentlemen , that In 1 establishes . the bounds of his own accusa-if tion , while he . prescribes the limits of my-l defence . Again , / he . dispenses with the ancient A torm of finding by Grand Jury , one of tho constitu- 1 tional bulwarks , of the subject , and which Black- - 'V stouo says never should be disponBed with except as ¦ m such cases of emergency as render a moment ' s H delay dangerous to the state . . Gentlemen , this and f many other authorities 16 hill ; presently cite for yon , / m order to show the linrdiliips of this prosecution . ' : AgamtheAtttprney-Gener athas a right to roply , | r which m common actibns-at-law , where property and A ui at Ht&Ke

      ' . uwu , aj ue , - practice aoes uot allow min » > | Hut he opens just as mucji ofhis caso as he thinks V proper ' , and , reiervea h'imielf till the defence ibH entirely before him . Again / Gentlemen , here the' * detondant haa np action- ^' : he would in other cases {' ¦ s for malicious proseoutioh f ^ 31 lastly , tho Attorney- hj General , although receiving a verdict , need not , if ;?' anything favputable te , thVaccuBed shouVd appear in If his defence—he heed . not in giich case bring him up i for judgment , lest the extenuating matter should be i good grounds for mitigg ^ itfh'iv i'iGwitlemen ,- havajf we not au instance ofthis fact jti iny -last prosecution il by the LeaYned Gentleman'ttfteu ho obtained a ver-JI diet but never brought- ' me'up : for iufement , thurij uvutuiij iuu

      riug o ury , ana persecuiing . me , wmen «»» object was all that he sought ! Gentlemen ;; 'if yofc nndmeguilty now , youniust .,-tp : please the Attorney- ' General , cither find sue a fool , or find that you are , . fools yourselves . Gehtleinen , this is our iburtb bal » j | tie ; I beat him once ; I boat him twice ; I beat ^ tf thrice - and now I'll beat him the fourth , and I hope ; the last time . ( Laughter . ) Gentlemen of the Jury , ' ? i shall now proceed to lay before you the opinions of : someof the most distinguished Judges and eminent : constitutional writers upon ; theiaw of libel generally , ' anutiie mode of prpsecutinaei officio inrormatioa 1 : particularly . Amongst these gentlemen you willfind " tlmppinionB pfJud ^ BlacWstohe , Sir MatthewHale , ) tt if u ? u ^ u ^ h ' ^ llenborpugh , Mr . Fox , of ' ' %£$ he . v ^ ^ C Lo * Ba con , together with many o hew . Mr . ^ Connprthea read extracts fefe ^ *"?> .. Kack 8 tpne >>^ entaries , Burdett the

      s tei ^ , prosejjutvdn' for tho bottle conepiracy in Dublin when the Marquis of Wellesley wa » attackedm , the TheatreVthe trial of Ann Tooker , fw , a hbel upon the . Vice Warden of Devon ; from all of which he maintained that proceedings WexoMcit information was uucoMtitutional , while thSS authpnt . es viewed with" suBpicion the power of dispensing withtheGrand Jury .: As soon £ he had concluded these Beveral extracW he continued- " Now , Gentlemen , I , haveBhowntoyou , fromtheConimentanes ot that great constitutional Judge ( . Blaokstone ) , ' wliyanca-o ^ ciomformation ghouldnothavebecnnled , and 1 shall proceed to showypufromextracts fronL my several speeches ; . articles , and lotterc , how th « 7 nialice cannot by possibijiiiy bo sustained . Mr . O Connor then read aVleasisixtyoraGvantiy extracw from tho two . volumes of the Nortliarn Star , whioh haa been puWisbed , establiHhiiig ia . tho mind 4 " every unprejudiced hearer every iulegati < mwhich his

      The Foethlrnr $$&& ' ¦' . ' . Satusijay, March 21,1840. ¦ X I I , J -I J.1 V J.V X Xx Xixv Xi Hj&Gt; S. J.Jl Xv

      THE FOETHlRNr $$ && ' ¦' . ' . SATUSIJAY , MARCH 21 , 1840 . ¦ X I I , J -i J . 1 V J . V X xx xixv xi hj > s . J . JL XV

      :-Sjajoro Edition. " ^ '

      :-sjajoro edition . " ^ '

      Goyemme^^Fli^Ii:

      GOYEMME ^^ fli ^ ii :

      F Jw3m Qijb Loidcm Corres-

      f JW 3 M QIJB lOIDCm CORRES-

      Untitled Article

      4 THE NORTHEIRNSTAB . Wt * ^ , ¦ ^^^ ^ n

      Kctopepis Hereby ' Given, That A Meeting I;,Of The Inhabitants Chargeable To Any Of The

      KCtopEpIS HEREBY GIVEN , that a Meeting i ; , of the Inhabitants chargeable to any of the

  • Citation
    • Northern Star (1837-1852), March 21, 1840, page 4, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2676/page/4/