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Northern Star (1837-1852), 24th August 1839, Edition 1 of 1, Page 6

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      that hath no swor < l . let him Fell bi 3 gennent nnd buy one . " Another was— " Ashton demaots Universal Sofittagft or Univer « al Vengeance . " Ano her—" Remember the Woody deeds of Pekrloo . " I thick that the word " Liberty" was inscribed on the red cap * . Another inscription" Tyrants believe and tremble . " There wera other 4 , bnt I &o not recollect thsm . I then 'Want to tha meeting ; there tiers hustings ereetei . Tha meeting was h ? ld in a large open place . The dsfendant ws = thsre . He addressed the meeting- He opened Ms auUi ?« to the people ic taese wonls : — "Banner " fcmsats , artillerymen , sharpshooter . * , and my little " powder-monkeys hsvj good news for yon . I Iiava attended several meetings this day , and tha people are all of your mind , aad determined to hsv . < their right . " He said

      he had been at Bolton , and another place that I do fiot rem ? mbar , -where ( he said ) tha authorities had waited on the military commandant of the district , and the magistrates had requested the assistance of the military on the occasion of a public meeting ; he , ihe oSc-rr , had answered , that if the civil force was sot sufncitnt he must then call apon him , and then he would be ready with the military ; but he ( Mr . Stephens ) added that he had a lnend is tha barracks , who bad assured him that if the soldier * aad been called out there was not cue ot them that would hsra actei . " There wore many snoute of applansi from the assemily during the address , but on which occasion I cannot tell . He recommended tbo people to arm ; Bnd instanced that various clubs were doing so . The Foresters '

      dnb W 23 one that vss p . irticalBiiy named . They Were applying their bnnalfunds in the purchase ol arms . 1 heard & man in the meeting say to another , "Aye , that's what I put forward at onr lmst club-night" Mr . Stephens proceeded , and he said a great deal that I don ' t remeirber . In conclusion , he asked them were thay ready—were they armed ? This -was followed by a shot or two or three in the meeting . He then e « d , " Is tfest all : " That was immediately followed by a greater nnmbsr of shots . Upon that he said , " I sse it is all right , and I wish jon a good night . " Whilst other persons were gpsakJEg 1 heard other shots discharged . The precession wa ^ calculated to excite alwrai . I stayed i&ere till between eleTea and twelve o ' clock , and left them there .

      Cross-examined by Mr . Stephens . —Were there any placards convening tab meeting ? I believe there -were . —Did those placards Stale that that meeting was so be convened on ray authority ? I do not recollect any particular ? , or who was chairman of the meeting . I hesrd you begin and I heard JQu conclude . I am a stitgom under tha Factory Regulation -Act . I have inowa you for some time —fer seven or eight years . —Did yon evpr hear me preach ? Y ^ -s , 5 ien ; onca withia doors , and frequently ont cf doors . —Did yon ever hear me speak against the monarchy ? I don't remember . —Or against the Constitution—King , Lords , and Comxaens ? I do not—On the contrary , have yon not often heard me speak in praisa of tbo Constitution oi His country ? I do not remember . —Dii you erer

      Hear me speak , or do yon behave me capable o ! speaking , so as to excita to deeds of violence and blood ? I do . —What did you ever hear from mo that would lead lo that effect ? I heard yoasay that the right and tide of the working people to Mr . Howard ' s mill was written in letters of blood in every brick sni . stone of that factory . You advised tnepeopls to gat nlarge carving-knife , which you said would do very well to cot n raeaer of bason , or to raa the " man through the body who opposed them . He ( Mr . Stephens added , ) knew whst old women liked—ae kcew wiat Enflishaien liked . In the one instance , it was ram ; in tke other it was beer ; and in Howard ' s cellar they would have them both , and if there wa 3 not sufficient there , they coali go to Brereton

      ( Mr . Howard ' s country hou « e ) . —When was thatr I do not kc 9 W the precise tftae , bat I do the place . I took no notes of what yoa said . —Now yon have given io the Court the beginning and end of my cpesch to the meeting , wil" yoa give tha middle also ? I do not know what yon wild in the middle . Yoh lave eivei my opening as fallows : —[ Mr . StepheES here quoted Mr . Tinker ' s report a » already given . ] You say that I said a ereat deal more , now tell the Court what that great detl mow was . My rf collection was not S 3 perfect that I coald recollect the intermediate parts ; but I aaa sure as to what 1 have tt&ted . 1 fex > k no notes of ihe proceedings of the meeting . As to wh ? n I was first called upon to gire informifioa of ibis meeting , 1 don ' t recollect the time . I shnald think it \> a . t two month * dace frtm

      this time . —Your alarm then did not prevent yo ' jr eontinuipg st the nesting ; were yoa very much alarmed ? I did not feel very easy . —Then wiij did you stop et the meeting ? I stopped from curiosfy aad for my own information . —Why did not you give information to the Magistrates ? 1 did not know that it would be t-f e . ny n *« , cr I should Lave dose so . Are the racgL-tratcs then so inattentive to the peace of tha district ? It had not tien become ths sabjsct of magisterial interference . — Two months ago I in : wit tad . —Will you swear Mr . Tinker that Ieaid Ihs . dD ? en at Bolton that day ? ( After some hesitation by tha ¦ fi tness . ) By die JnnGE : Dii h ? say at Bolton that day or any day ? I believe he did ' say Bolton . reyLsrJ . —Mr . Stephens : Will you si ear I * " « d 1 ha * brea at Bolton that day ? I am cat certain , my Lord . — From the month of November to the month of June yon carried all this ia tost mind ? I did . —When

      • was the first umsyott stated thk to tb * nmgwtrate *? That was the first dme . —In order to satirfy the Court of the accuracy of your neracrj , allow me to give a ¦ entence to you , and as Marly as you caa give the -substance of it to &o Court . —[ Mr . Stephens here lead a passage qcorel by Lord Broaghcm , in the Homs of Lards , as from Air . Stephrns ' s speeches . ] —Witness : It would be impossible to give ' it . —Give it as nearly as yon can?—It would be yoLi / rto attempt it By the Attorsei-Gexebal—You spoke » bont Mr . Howard ' s mill being near Over-Leigh Browand that Mr . Ssoplens was there in the habit oi lolding bis meeting ? Mr . How * rd ' 3 mill is an extensive concern—perhaps he employs 700 ei 890 bands . Ivlr . Ssepaen ' * place of rvsidence is about two miles from Hyde . Heha « tery often been in the habit of addresiag the people of Hyde at that piwe . He said on tea oct » san , you'll go to Btft ! 6-ton , an estate of Mr . Howard ' * , in Cheshire . This is about 35 miles from Hyde .

      Joshua Pickford—I am a cotton manufacturer in Hyde . I wa * at my house on the evening of the 14 th November last . A little after nine o ' clock I heard a noise and music in the streste , and afterwards went to Shepley * s Field , asi . then went to Orer-L ^ igh Brow . I saw a great number of people there , and a platform , and a great number of people on it , and around it . I stw banners planted is a half circle roand tha hustings , and from 3 , 000 t 3 -4 . 000 people irithin tha circle . There was a great number of people outride the circle . 1 saw a great many torcnes on the hn-sdngs . vita transparencies ; but I could oaly read one . I saw in large letters written " Blood . " There were others , but I could not read them . I hfard Mr . Stephens address the meerinz . He said ho had been addressing tho

      peopls of Wigan and Leigh , I think the day before , and the people at thoso places sympathized with tha meeting , and wcnld readily go with them . I also understood him to say , that tha soldiers had btsa requested to hold themselves in readiness at one of the four places ; but he said , " Yoa need not he afraid ol the soldiers ; they will not aot against yon . " Ssmething he said about the officers . He said the time had gone by for petitioning and ramonstratine , ani that tha time had come for acting ; bnt " that is a -word of which I an set positive . Ha said he had been advising the peopie of Wigan and Leigh to arm , and that there should be no mistake there that night , he should advise them to arm ; asd tob , men , women , and children , or you , my little powder-monkeys , addressing some children closo lo the hn . « tiagf—you who mean to arm pat up your hands

      irith me . Hd then pnt up btth hands , and some knndrads of hand * were pat up . Whrn th * fcasds were up , there were firing of iran and shoating . Thera was no other p art of Ms address that I particnlarlv recollect I did not sen any fire-inns . I stayed tiiera until about half-past ten . I remained tip till one o ' clock , and went ant frequectly fri > m eleven to ene . A little after twelva o ' clock 1 heard the music , and the people , and it seemed to me as if tho meeting were dispersing . He said they Ernst get " gum . pistols , swords , or pikes , or anything that would tell atale sharper thsa their tongn « . " Tfce meeting appeared to me to be of a character to alarm the neighbourhood . As an individual . I did not feel alarmed that night . My wife end children were mnchalajjned . I have lived in Hyde aboat ninateenana a-half years . A great masy of the crowd ¦ we re strangers . I knew only about hnlf n dozen persons present

      Cross-examined by Mr . Stephens—How longhave jou beea a manufacturer ? Two year-s . What ¦ were you before ? A manager in Mr . Jchn Howard ' c mslL That is the factory in which I am p artner with . Mr . John Howard aul Mr . Jo-dak Merrick . How long have you known ms ? About five « r As . year < . \ V tea did you become aciju sin ted with me ? I beh' evs by seeing you pa ? . i tkronjh Hydo . Have yoa not sxn me ai Mr . Ho » -.-. rd ' s ? I cave . Wa ? I not ia haMu o ' f inrimncy with Mr . Howard i Often , very o . X > n . Was I not a frequent

      guest at hishousa ? Very often at that time . Do not yon know taat I regldarly preached at Hyde ? Itnow o = ly fi-.-m . ! ie = riog t ^ atyon tao k part in tlie ffiscumai on the 1 ' netory Qoe ^ tloi . D » you not know that 1 h * . vehadoccawontsspeakof yoainconnexion wirk tho Factory Qaeitim ? That 1 have had csmplsinfi ! Ut make of practices in your factory ? I have heard s % Do you not beiisve it ? If 1 beiievc-d ail that I J-. esr I ? honLi h ? . ve to be-Keve a great cVal . Taa ptru of yonr . » p ? ech that I m :: iti >; evl wtrf : i 1 s :: * e Tf ;> ic ; i most ? fu . '< : a « . 1 ¦ was cdi .--i upas t 3 ^ . ivs iufvrjB tim i-j Uii > matter in ii ' i'jc ; n rar-nii ir . ia t ' io 1 ivi Novtmbef . At Vfiio .-a ii-sta-C 3 w . s idi ' : The 2 n :: A < : ii !^

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      Mr . Charles Ho . wBrJ ( by the Attorset- General ) I im a oauufactorer in Hyde , and employ from GOO to 130 people . My dvelliuij-houss is very uear to th- mill . It i * called Hy de Lane ; and is under a quarter of a mile from tho hustings erected on the 14 th November . I was at home th * t night . 1 heard a noise , and immediately went out into the street and saT a large concourse of people , with banners , flags , and ensigns . They were going id procession . The foot-paths wera quite crowded , a * well as the middle of the slree » . I Mood on the foot-path oppo-« ite . to my buildings till the procession passed by , — This occupied more than half an hoiu ? . Thaw weird not less than from 10 , 000 to 15 . 000 p * 5 sed my house . One inscristion in the Centre of the hustings wai

      "Tyrant ? , believe and tremble ; " another was , " Libert ) - or death ; " another was , " Universal « uffrage and vote by ballot . " I stood at the back o ' the platform : sometimM I heard the speeches , sometimes I did not . -There were many torches . There was both shouting aad cheering frequently I heard part of Mr . Stephens ' * Bpeecb . I heard him tell the boys about him , called piecers , how the boys at Stalybridge had procured fire-arms He eaid they subscribed their pennies and twoponces , and each had a pistol given to them , as far « their money would purchase . Hs also stated thnt several societies wera arm-d . and mentioned the F . - . restere . They were willing to subscribe the

      tnoaey they had collected for the sick towards the pnrchasa of fire-arms . He asked the mesting whethtr they were ready ? and one pistol was then fired . He explained that was " poor readiness , when only one pistol was fired . " Then many pistols were fired off in all directions . There were cheering and shouting immediately after the firing of pistols . There was cheering very often daring the speech , and I could not hear at all . I remained at tha meeting till nearly twelve o ' clock . I left them speaking at the hustings . When the procession passed I was alarmed ; more particularly for my bara , lest it should be set on fire by tha sparks from the torch-lights . My sisters , who live with me , were very much alarzied .

      Cross-examined by Mr . Stephens—I was not at tha meeting during th 9 whole of the speech . I left yon speaking when I left the field . You had baen speaking aboat a quarter of an hour when I loft , the principal part I heard was the instance of tae boys w the neighbourhood , urging them to procure fire-arm ? . What subject you were talking about I could not hear . I took no notes , neither at tie rims nor since . The alarm I felt was for my property , lest tho sparks of the torches should set fire to the hay and straw in my barn . I felt alarm before I left

      the house , considericg the time of ths night ; it wes then sometime after ten o ' clock . I hove been s cotton m anufacturer about twenty years . I was brought up to the business . The piecers in my concern are all thirteen years of age . —Do yon know I have made comp laints of conduct practised in your mill ? I don ' t know . —Do you know a person named Key , from Saffolk , and of the complaints of tha manner these people wera treated in your factory ? I don ' t know . —That you awoar ? Yes ; that 1 « wear .

      Edward Hibbert ( by MhWelsby ) : I am a manufacturer residing at Godlty , aboat three quarter , of a mile from toe hustings . I saw the people in Hyde on the 14 th November , aboat a quarter of a mile from the huffing ? , near to the Sportm 3 n ' s Arms . I saw them particularly : they had banners with thenu I read sn inscriptien on one banner , — " Ashton demands Universal Suffrage or Universal Vengeance . " I went to th « hustings aad _ §* w Mr . Stephens there on the p latform . I heard kirn speak , W could onl / hi&r par t of what he said . He sal A he wad sorry he had detained them so long ; he had been at Boltonj or Bary , at a meeting there , and the people were all prepared . He asted the meeting if they were prepared ? They said they were . He

      says , show ms tkem , and let me see . With that there was a discbarge of fire-arms , from thirty to forty . He said he had had a conversation with two officer ? , and he could assure the meeting , from that circumstance , that if they rose the soldiers would not molsjt them . He said , we hava now met long enough ; and something roust be done . Tbo shouting and fire-arms reports . sometimes preventei me from hearing . He said we had got the emancipation of the bliek slaves , and now s » e most try to get the emancipation of the white slaves . The crowd cheered him . I remained till he wnclufled . I heard the discharge of fire-arm 3 several times ; first of odd one ? , and then there wera from thirty to forty . I wag alarmed . It was a meeting calculated to alarm

      any one . Crosj-fexa ^ ined by Mr . Stepheas : Were you sober that ui . zlit , Mr . Hibbert ? Yes . —Had you had no driak ? Yes . —How muoh had you ? I cannot » peak to the quantity . I was at the meeting daring the whole of your > peeeh . I recollect digtinetly all the part of it I have mentioned . I can spezk alsa to somednag I kavs not said .- —Mr . Stephens : Do so , then . You said yoa would lead them on , if they rioted , aad you woald lose every drop of blood in your body for them . —What did I gay I would lead them on to ? Ton Baid you wonU lead them on ; I did not hear what to . I took no

      cotes of the speech ; I dil not write notes of it till I was questioned . I was first questioned by Mr . Joseph Hibbirt , when I w&s taken before the Magistrates , about a month afar the meeting . He is rcy brother . —He is a partner with Chorlton and Hibbert , who conduct this prosecution ? I suppose ha is . —Have you any doubt abwt it ? I cannot give eny opinion of it , —De you know the office of Mr . Hibbert , wao * e nane is indorsed at the back of this indictment , and who conduct ? this prosecution against no ? It is Mesr 5 . Ciiorlton tnd Hibberi ' s office . — Is i * your brother ' s office ? It is Chorlton asd Hihbsrt'i ' ofnee . They ner « r told me whether

      ibej were partsew or not . —Do you know fram what office in Hyde the letter proceeded that eo much alarmed the Major , the Council , aad the inhabitaa- « of Chestea ? I do not know . —Hare you heard me make any eomplainta of certain practices in your ftct-ry ? I will aoc say you ever spoke of ohm pardcalarlr . I ne'er heard you season our names but once . By the Attorwby-General . —I was ptrfectly sober when I went to the meeting , I might have been a little elevated ; but I eauld walk tiraight—( a liugh)—and I could bear perfectly well what was sdid .

      Samnel Ashton . —I am a manufacturer at Godlej , and lire about 300 yard 3 from the place where the meeting was held . I saw a portion of tha procession . They were going towards Godley . They did not 0 " > me nearer to ray hoase thas 300 yards olf . I saw rings , torch-lighta , transparent lanterns , and heard shouting . I was at my father's house when the prcoewion passed . I was rather alarmed . Mjr fathtrr ' t family was also alarmed . A few friends were at my father's house , on a visit , asd they were generally alarmed . I think it wa * a meeting calculated to alarm anybody .

      Cre 3 s-examined by Mr , Sxbfhsns— "Were you sober , Mr . Ashton , on tha evening in question t I never waa drunk in my life . Had yoa had nothing to driak ? No . "W « re you not tt tha Sporteman ' s Arm * that evening ? I was not—Did joh not shout when you were at the msetiog ? I wd 3 not at tka meeting . Mr . Ashton , the magistrate , is my father . Mr . Chorlton requested mo to g ive information of this meeting . I suppiws that Mr . Hibbert is a partner ia that firm . Both Messrs . Chorltan and Hibbert requested me to give information in this matter aboat three weeks ago . Till that time I had no thought of lodging any information . I am in the habit of reading some of the pablic newspapers . I recollect hearing of a factory being burnt down in Ashton iu December last . —Do you 'tcolkai the firing of that factory being attributed to me ? I do n » t . I hare heard that you have complained publicly of practices in our mill .

      The case for the prosecution closed here ; and immediately afterward * , at a qaarter past twelve o ' clock , Mr . Stephens rose to address the Jury . , Mr . STEPHENS said , — May it p lease your Lorsship—Gtatlemeu of the Jury . This day , my Lord , has not overtaken ma unaware * , nor has it found me unprepared . I have long since foreseen iti coning ; I weleoae it soar that it is come ; I have often told t'ae poor , my Lord , on whose behalf rather than my own I am here to p lead , and in whose stead I am willing to suffer , though I have done nothing worthy of bond * , that the faithful and fearless advocacy of tteir righteous caiue would eventually Isad to scenes like this , my Lord . It could not , my Lord , be otherwise ; for that neir * peck « of tyraniy which in the name and under the forms of law h « of la' . a yearj endeavoured to

      overtarn tbe Hber : ie 3 of thi 3 country could only hops for establishment a ^ . d pirminency by crushing aad overthrowing ell those , however h-mbb , who had the heart end the hardihood io oppose it . This , nry Lord , is of the very nature of tyranny . It begins by first of all tating the waakor and the more defenceless . Ii draws eff tbe eve , and lulls to Sleep the sus p icion of those wag vroald oppose it in the first Instance , either by the premise of some immediate advantage , or by holding out liopcn of greater security and bcaefit to themselves . But ettfakhil j an ! insidiously a . « it 5 " . esiD . i , it must , my Lor A , roon , taking as one by one , until one by one we Lave bteoine ea ' .- !' . ) Prd within its net , and li" prostrate at its rr . srcy . Yoa , Gentlemen of the Jurv , nt * veil r » s . ryet-if , s : ? a :: ' .-sairip - in : ! - « of <> f t ! i > . Yvii ; nav Vv * l a-S }'¦ in-eivr-: — i-.-a may v .-Al inquire of o .- . c

      Untitled Article

      another , why and for what purpose it ia that you have been placed in that box ? I need only remind gentleaen of your station and intelligence , ol tne o ! uin and professed reason for the establishment ol the Special Jury system , to convince yon that your presence here is only intended on the part of he prosecution to fill up there Wank forms of t *« L , witiumt which this " hunting of the . parry cannot yet in England he handed over to the BiWCll * 33 gra :. pof its pursuer . Gentlemen , it is but ot vesterday that Special June * were known at all m this aonnby-not longer since than the reign ol GeBrge the Second . The cause aligned for this innovation upon our ancient institutions was , tnat here might arise , in tt . complicated and iutr . cate na , ure of comment traction * , questions « £ « £ mD *; n . T in rtifl orainary spheres of lite wou a

      not b 7 capa ble thoroughly «» u . deratand aud r . gHtiy to adjudicate up on . Here , my Lord , I may be allowed to 8 * y , such is . mv ^ eratoon for »"*• £ stitutions of ray . Mtnre-land , that it would haw been much better , in that case , mstead of laying aside the old usages and practice which hare been the palladium of our liberties , to havei re . ju . red that gentlemen engaged ia ca-moroe should bo h- e Amplified their tarnation * as to bring ihe « witluu the range ef the understandings of the commonalty of this country , rather than have introduced an / change in the forms of our civ . l and cr . mmal jurisprudence , as we find uovr has been the ease ; tat . Semen , allowing , for the sake of argument , tha

      these innovations , which I am bold enongh tJ can corruptions in the institutions of our country , were just and reasonable for the purpose professed at tne time , you would agree with me that thisi is not a ease which calls for such an extraordinary departtre from tbe ordinary usage * in our couits of jusbce . Gentlemen , if this were a simp e case , as the Atterney-Geaeral wishes you to believe it to be , ot attending that meeting-a meeting so clearly unlawful that he needed not to say live words on the subject , if this were a case so simple , and the mere fact ol the meeting ha * ing been so convened and held , tne ™ r * faot of mr havinz attended that meeting and

      said certain words was all that was requisite to prove on this occasion . Then , gentlemen , I ask you what reasonable pretext there is for your being present in that box upon this occasion ? Gentlemen there must be something behind the scenes-there must be something that remains untold , something which the learned and honorable Attorney-General has designedly , JIeft undisclosed . It will be my duty , gentlemen , to withdraw the curtain from that which at present is legally hidden from your eyes . It will be my duty , and , I trust that in ao doing , I shall not only receive the sanction of the learned judge , but the concurrence of every man now before me , who in fact is oae of my judge * on the present occasion . I trust that the sanction of the bench and the

      concurrence of the jury will fully go along with me in my endeavour , and it shall be a very simple and straight-forward one , to put you fully in possesiion of all the fact * oonnected with this prosecution . — Gentlemen , I know not is what manner Special Juries are got together ; you do not know in what manner Special Juries are got together—the Attorney General ma ; know . Suffice it for me to say that I have notobjeoted to you . When the list of forty-eight was riest down to me , v /\ i » was struck off I cannot tell . I made no objection against thatlist , I have notstruck off a single individual of that number of 48 , nor ds I object to any gentleman new preheat , notwithstanding all the reports , all thb rumoura , all the more than credible reports I have heard on this

      subject . Such is my full conviction that in an English Court of Justice , before an English Judge , and befoie a British Jury—a Jury distinguished for their truth , justice , uprightness aad honesty , that I am persuaded they will receive these reports with all the credit they deserve . My Lord , I have been advised , I have been urged , I hive been most serioasly importuned to apply to your Lordship for a postponement of this trial , in consequence of the most excited state , not only of the public mind in genernl , but of the public mind of the inhabitants of Chester at this moment . My Lord , it is a matter of notoriety , it is upon yonr walls , it is within every man's knowledge , that a letter has been written by the attoruiea conductinj thia prosecution , infctructing the M&yir and authorise ; of this ancient and really peaceable city , that a reicne is to be attempted on tbe present occasion , that mobs , multitudes , armed assemblages of men , are upon their natch to the

      city of Chester , for the purpose of rescuing voluntary defendants , or involuntary prisoners eut of the hands of justice , even ia the presence of an English Judge . My Lord , I ask whether this is fair ; I ask whether in any eth » r place than in an English court ef justice , whether under any presidency than that sf a constitutional judge , and befor « any other array than that of an honest EagliBh jary it would ba passibla for a defendant , situated as I am , to hava a fair and impartial trial ? Why , my Lerc , when I came into the town , I came unbosnd , aad I came without any li'gal fetter ? , pain .- ; , or penalties , or disabilities upon roe!—I have three indictments hanging over my head , to one of which I am called thii day to speak j each of tbese indictments , if its allegation be sub atantiated , render * me liable to a sentence of imprisonment for life , and I may bs otherwise impriaoned , and otherwise sentenced to pay a fide , which

      wouid render the eiteat of that imprisonment to the term of my natural lifa ; and yet with three indictments ) over my head I am not held to bail upon any one of them . I hav < s been sinae the month f March a free man . It is evident from thi 3 that the Crown cannot consider ms the dangerous person the Attorney-General has endeavoured to represent me to-day . If , my Lord , I bad been guilty of such criminality , if I htd committed the criminal acts , if I were the man who 3 e motives , purposes , princip les , and intentions were sach as have been represented to the juryi in the speech of the Hon . and Learned Attorney-General , I say it would hare been impossible for the Government to have al ' owed me to go at large in the way ic has doae . Wnat

      inference earn I draw from thia , except it is th « natural inference , except it ia an inference , as the Learned Attorney-General says , which necessarily and inevitably arises from the premises , that the Government wiah me quietly and peaceably to walk away and to eecnpa meeting this charge on the present occasion ? But , my Lord , though I have reason to believe it to be the wish of the Government—though I have reaionstle ground io believe that the Crown aad no wish and no intention to prosecute this inquiry which has been forced upon it to-day , yet so conscious am I of my own innocence , and so fully am 1 persuaded that 1 shall be able to convince the Jury of my innocence , that , without bail , without boad , without liability to appear , I throw myself not upon the

      mercy or indulgence , but upon the sense of justico which pervades this Court upon ihe present ocoaalon . I knovr , my Lord , and Gentlemen of tbe Jury , a defendant cannot appear before you , no , however bis word may have been misrepresented , however his motives may have been misunderstood and maligned , however hi * actions m * y have been exaggerated , a defendint in an English court of justice cannit appear without at the same engaging , 1 will not say the sympathies , but the cool and deliberate judgment of the Jury on his behalf . My Lord , 1 a « k the Learned and Hon . Attorney-General how it happens that I am tried here ? It is right that you should know . As to the subject-matter of this present charge , Gentlemen , I was an ignorant of it , until I heard it from the mouths of the witce 33 ea

      today , and out of the speech of ths Attorney-General , as you are who sit in that box . Although this meeting took place ao long ago as the month of iJavember last , nine months ago , Gentlemen , yet evtm out of tho evidence which yeu have listened to , it appears tbit no alarm wa 3 entertained , that no fears wera exciteo , that no apprehenaions filled the mind * of even the witnesses themselves ; but even supposing that the * o witnesses were alarmed , supposing all the exaggerations of the Attorney-General be true , supposing t ! ssy are all matters of fact , how happens it oa this supposition—on th 6 supposition that such a meeting took place , that aucb enaigna , flags , and banners were hoisted and displayed , that the discharge of firearms took p lac « , that all those inflammatory and dangerous speeches and seditious discourses were delivered—that •¦ the peace of that district was endangered , and mens '

      lives were in jeopard y , the ; e being no security for property—how was it , I ask , my Lord , that no information of all this ever by any possibility found its way to the Magistrates of Hyde—how ' was it that none of those individial- thought it worth their ¦ nhile—how was it that none of them thought it was a duty . incumbent upon them—how was it tkat none cf those individuals fur thu salvation of their otvn live * , and the protection of their own property —( I won't say for the preservation of the property of others)—I won ' t a < k how they were so innocent of -anything like a lore to thtir neig hbour : )—ao guiltless Of anything like patriotism ; W I will ask upon the princi ple of self-preservation , how was it , I ask , that no information ever found its way to the Magistrates of Hyde on this occaaicn ? Why , my Lord , one witness iufornig you lie was only called upon to give information two moutln ago—seven aionths after the meeting took place . A author tells

      j "» u , ray Lord , he was only cnlii'd upon to give eviuVs' . cw three wet-ks sgo , sind tnit by ihe attornies coaouciiuir ths pr 5 £ vcutiou . ^"" ' i-y , Qv- ' .- vitivn } is

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      ifcp 8 S 8 iblefor a » y iateIH « j « t J « tJ > ** ^ j *™ ™ all this ceuld have occurred , and all this danger could have arisen , unle « thorn ind . viduals had found S « ary to ac ^ aint the Mag istrates with the transactions b question ? And besides , my i ^ oro , I hold that it is one of the rig hts of the subject , and you are here to-day , my Lord , to guard , and it w one Jf your most solemn duties that yoa should guard , all property , do matter how email j and no matter bow humble tbe individual te whom it belongs . If it be your duty ( o guard property , is it not equally , —is it not much more the duty of the administrators of the W , to guard tbe p ^ i ? . and rig hts of the subjects of this realm . Thu witnesses who have appeared in that box have a right to comolain of alarui us to themselves cr their property _ tthey have a ri >< iit to unbosom themselves , — and soKie of them have done m , my Lord , rather more than the Attorney-General wished or expected

      —thty have a right to unbosom themnehea fully to the judge , aad to the jury svrora—but if they ha ^ re that right—if they can call upon you to protect their property , I have a right to callupoH you to say that the law protect ! my liberties , Npw , it is an essential part of the liberty of the subject , that no time should be lout in acquainting him with the charges that may be made against him , that no parties may be allowed to oppose the giving him a fair field , and no favour , to meet his accusers faoe to face . Now , my Lord , where has been this meeting ? I have never been called before a magistrate of Hyde ; I have had no opportunity of confronting these witnesses ; no , my' Lord , the Crown knew better than that—the Crown was well aware that if this inquiry had beea instituted on the apot , and in the neighbourhood of the tranKactien—if I had been brought there , face to face with my accusers , that the whole of this dark cloud would hava been

      dispelled , and the bright and clear sky of peace , tranquillity , and order , would once more have dawned upon us . The Crown , in this cat > e , my Lord , has chosen to proceed by way of indictment . Undoubtedly the Crown is entitled to adopt that course ; but I will ask your Lordcbip , who on occasions of thia kind is counsel for the prisoner , and who on all occasions is judge of the law—I will ask your Lordship what in an indictment—what is the nature of an indictment—what is the intention for which the process is allowed to be taken—to be carried on by way of indictment ? Is it not , my Lord , that in such indictment !) thu crime or ofi ' euees charged are to be Bet forth P—is it not , my Lord , that when words have been gpokea— that whera speeches ha . < te been made , the indictment says divers seditious , inflammatory ( and I do not know what besides ) speeches and discourses were delivered upon that occasion . Now , my Lord , in the indictment there is not one word of all which these witnesses have

      here so contradictorily deposed . Search ihe indictment through , and from beginning to end , in all its counts , you will net find the insertion of a eiagle word which 1 am said to have uttered on tbat occasion . I will give you , Gentlemen , the reason—not a general , but a particular one , arising out of this ease why this thsory of the law must be a oeastitutional theory of the law . One of the witnesses on this ooeaaion s < rore that I 6 aid I had been at Bolton and at other place * on that day . When I put ihe question to him the second time be answered that he could not swear to any suoh faet—io any such declaration en my part . Novr , gentlemen , you perceive that if these words had been stated ia the indictment I should have bess prewired , as in

      indeed I am entitled to be prepared , with evidsnee to prove , which was the Set , that I fever w « at Bolton on that day ; and that I never have been at Bolton in the whole series of the transactions to which the Attorney-GeHeral hag alluded . This is a circumstance comparatively insignificant and unimportant , but it is sufficient to show your Lordship , and you Gentlemen of the Jury , that I have been most unfairly , most unconstitutionally dealt with on this occasion . I have been proceeded with in the way of indictment ; that indictment has been so generally drawn , its contents eo sedulously put together , as to place it altogether out of the reach of my power on tha present occasion to bring witnesseu forward'to rebut the allegatiou of the witnesses for the crowo . You " will

      recollect that one of the witnesses Baid I was at Bury , and at "Wigan on that day ; another said at Leigh ; another said I had been at different towns , and if a few raoru wUnesaes had bean called , it would have turned out that I had been in all the towns in Lancashire on that day—at Bolton , at Bury , at Leigh , cum mullis aliis . — I a ° k you , with such evidence as this , and with an indictment so drawn up , whether it is possible for a defendant ti have a fair trial ; but , my Lord , there is a reason why I am tried at Cheater—therts is a reason why all those usual forms ) that guard constitutional liberty and protect the subject ia his rights , have been departed from . In th » mouth of December last , mr Lord , a fire took p lace in the

      toirn of Ashton-under-Lvne ; that fire , it is notolious , was laid to ray charge . Three daj 3 after that fire occurred , it was distinctly stated , in the leading Whi g Journal of Manchester , that that factory had been fired at the instigation of persons who had been in the habit of addressiag the psople of Ashton—it was distinctly stated that that fire was burning at the time when I was addressing a meeting in tie town of Bury . The article in quenrion wa * headed " Torch-light Meeting * and thtir Consequences . " Gentlemen , I need not remind you —many of wham I understand to have come from the immediate neighbourhood of Lancashire—that that transaction was spoken of in all direction * — that accounts of it , through the press , were circulated throughout all the country—th « t it was ascribed to

      me , fiot only in general hints ef this nature , but in a particular and specific ch&rgv , a * it appeared in the public newspapers . A member of her Majesty ' s Government—th « Hon . Fox Maule , in a speech reported to havt been delivered by him in the town of F « rth , in Scntknd , distinctly stated tkat the Government had not interfered with public meetings , nor interrupted the progress of public speakers until their dangerous and pernicious doctrinee had been realised iu practice , m ih tbe instance of tbe burning of the factory at Ashton , and that then , s « soon a * those doctrines had been reduced to practice , so soon as property had begun to be destroyed in consequence of the inrhmmatory atidrewes of Stephens and such like men—then it was high time for the Government to interfere . Now , my Lord g it is notorious that communications were made fr « m

      Ashton to ths Home Office—it is notorious that placards were posted throughout the whole of that district , with the Queen's arms at tha head sf them , ottering £ 300 reward , £ 109 from the Secretary ti S « te , £ 100 frem the owner of the mil ) , and £ 100 from the Association for the Prosecution of Felon ) , for the discovery of the incendiary of that facUry , and yet , my Lord , up to this Uour , although I wa » specifically charged with isstigating to the burning of that factory—tkoagh my name went throughout the country as an incendiary—oae who wished property to be destroyed - up to this hour , my Lord , no further n % rice has been tafcen of that transaction—no further explanatioa has been given of that deed . My Lord , I have up « n ihis occasion subptened a witness . I have on thii occasisa subpeaaed the Secretary of State for tbe Hom » Department—I hive called wpon him by right to appear in that box to preduce all such documentary information and other evidence as mav . be in his

      possession , as to the burning of that factory , in order , my Lord , not only that the real author of that fire mi g ht be known to the publio , and as severely Bunishel as his crimes deserves , hut that my name , my character , and my public exertbns may be rescued from that infamy which , up to this time , rests upon them . Whether , my Lord , that witness will appear , I know net . I have many ather questions to put to him which will unravq } the mystery of this transaction . I contend that I huve a ri ght to call for evidence of this description—that I have a right to disabuse the minds of the Jury of that prejudice which might have a tendency to warp their judgment . I have a right , my Lord—the Secretary of State for the Home Department , who is reported to be my public libeller , who has been reported to have reheireed the speech delivered by the Attorney General in this Court thisday —I have a right that this distinguished individual should he

      present on this occasion , to give to that Jury the reasons which induced him thui to pat forward in perverted and distorted figure tho motives , the intention * , and the language which have been imputed to me . My Lord , in the latter end of December , shortly after tho burning of this factory , 1 wai arreatttl under extraordin _ rjr circumstances . Two Bow-street officers , one of whom had in hia pocket an authority to call up tho whole military force of the district , huiritd me away upon a warrant charging me with making a speech of a tendency to destioy life awl property , from Ashtoaumief-Ljne t » Worwley ia the neighbourhood » f Leigh , the p \ a ^ e where tha speeeh was >» v . l to \ y . wr been delivered . When we reached there no magitrated cnuld be found nor witnesses to meet ins faoo to faoe . I was then dragged to Manchester in the dead of uifjlit escorted hy a troop of dragoons , and oonsigiwd to the New F . ailey Prison . When I iid corns before the Court one of the m ; t ;; i :-

      trates who er . dorml tiio warrant could with diilioalty be fnur . ii , or hiili -. w . ] to appear on tiiat occasion . On the sv ' . v-ni i . winii , " i ; : ou lit ; « c-r . l . i a ; t

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      come at all . In the examination—one of the most extraordinary tfcat ever took place in an English court of justice—the forms of the Court were » u far departed from , as that no part of the cross-examination of the witnesses on my part should appear . All which those witnesses had stated against me was there ; all that they stated ia my favour was omitted . The proceedings were altogether as singular , as irregular , and as extraordinary , and I will say , rather of a persecuting than of a prosecuting na ' iire , tbat before I waa committed , the Learned Counsel , who conducted the ca 3 e , distinctly stated in Court that he lrti § ht kfl Well inform tile defendant that it was his intention to prosecute him for condpincy , alocy ; with other * , for obstructing tha laws , but more

      particularly these relating to the Poor Law Amendment Ac 1- . 1 went down to Liverpoel , my Lord , bound in the sum cf £ 2 , 000 , a rao « t unconstitutional bail in any case ef that kind , especially in the case of a a person circumstanced as I was .. I went to Liverpool to appear to answer all charges that should be brought against me . A true bill was found—a second bill was found , of which likewise I had had no previous intimation ; The circumstanoos Baid to hare transpired in that second hill occurred in the month of December last ; and yet , as in the case of the present indictment , there have been no depositioDa—eo informations—no examinations before the magistrates , no opportunity afforded me of meeting my

      accusers fr . ee to face . "When these bill * were found , my Lord , I immediately applied to the Court for a copy of them . I was informed that they had been removed by a writ of certwruri into the Court of Quetn ' s Bench . I was subsequently , at considerable expense and annoyance to myself , obliged to attend in London , and personally plead to those bills of indictment . I did so appear and plead to three bills of indictment , emu of which is the indictment which you are now called upoa to try , Now , ray Lord , how happens it , waving all my previous objections , how happens it that the Hon . and Learned Counsel , who wishes to make the jury believe that he only appears here for the purpose of vindicating the law , —how is it that the Learned Counsel die

      not proceed against me at Liverpool upon the indictment first found , and upon the indictment which related to facts occurring the first ia point of time ? Clearl y , my Lord , for this reason , that case broke dewn . It was so evidently a made up ea « e , that the Hon . and Learned Attorney-General would not pro ceed upon if , and he has , therefore , dragged ma io . t » this county , into a pan of ihe county whero he knew , and where the Court knows , there tros the greatest prejudice against me . He has brought it here in order that your minds , being impressed with thu fact that there , are two other indictments hanging over my head , may lead you to ; he conclusion that though a person might be innocent that had to answer one charge , he

      could hardly be so who had to answer three charges ; and therefore tlere must be some grounds for the allegations in the indictment , and that they might save Liverpool Juries ths trouble of investigating the case at the approaching Asmzes , You are to find a verdict of guilty ; and save the Hon . ar . a Learned Attorney-General the disgrace of going into tliewe ewes by giving him a verdic ) , and handing me over to the judgment of this Court ; My Lord , I will ask further , why I am to be tried at all ? A man who , the Attorney-General has told you , sustaining the character and fulfilling the office of a minister of religion j a man known to advocate no political theory whatever ; to belong to no political party ; a man who ha » no connexion

      with any political party in this country ; who has sedulously , from Christian principles , viocd aloof from all the questions tbat agitate tbe public mind of a political nature . If , my Lord , my life and those humble talents which the Atforn ' ey-General has been pleased to compliment had been spent or employed ia writing or in speaking against the constitution of thin kingdom—against the monarch y , the House of Lord .- , the Heuse of Commons ^ or against any ef the institutions of the country ; if 1 were a man whoie public conduct had been or this description , then I might wall have been marked out as a fitting subject for a srirainal prosecution . Bur , my Lord , it is notorious to the whole country , go far as mypr « eeedingH have attracted the noticeof the

      public , tbatHofar from advocating ecbeme , or laying down any plan tor the purpose of Wecting political changes , for overthrowing the constitution , subverting the institutions of the country , and . « ubrfti tudn ^ new forms anu new institutions in their plr . ee ; so far from thia , my Lord , one of my principal endeavours h is been by reacon and scripture , by authorities taken out of our old law books , acd out of authorities taUen from the Word of God , to disabuie the public mind of all those prejudices which the party to which the Attorney-General beWg » , and which has been mainly conducive in conaigniag the people of thia country my effort * have invariably been of that tendency which could only lead t » jusi and proper vitws of

      the nature of oar Cunstitmion and inspire a nverence for all the valued and acknowledged institutes of our Jand . It is nttorious that I have lived in a pare of the country which for years has btea the scene of infidelity— a scene overrun with th < i principle 8 , religious and political , similar to these of Thomas Paine , Carlile , and men cf that school—a distritit , Jthe people of which have been . « at- » rsted with the fakt ) and dangerous notien of '' the greatest hapjiinaiis to the greatest number , " as though , my Lord , it was not equally unjuut and criminal to seek the happiness « f tae greatest number at the expense of a few as to compass the happiness of the few at the expense of the many . For years I hav « lifted up my voice against the foll y of thwo liberal

      notions . I hare on all occasions embraced the opportunity of showing to the people thac the principles of what is now called libe .-alism and reform are tho most dangerous princi ^ . es that can he entertained by any . I have * '•? v . the people tha : instead of removing institutions u-y ought to am * nd them—that instead of asking for anything new they ought rather to go back and look to the wisdoa of their forefather ! « o carefull y , and I will add , my Lord , reli giousl y , laid down as the foundation of civil and political liberty .- I hare taken every opportuniiy of showing ihat so far from the people , or the party t < l Which the Attorney-General belongs asjerts-go far from the people being iht source of all political power , I have

      maintained out of the Word of God , that all power is of God , —that the power * that be are ordained of God , —that there are certain immutable principle * of truth which no rimes can change , and which r . o eircumatanseB ought to modify , excepting such cases as do apply themselves te the emergencies of the occasion , without at all altering their nature and chiractar . I have maintained that these immutable a : id everlasting princi ples of truth—of righteousness-of brotherly kindness ? , and of charity , contained in the Scriptures , if they are to b « found * n where on earth out of the Word of God , are to be found in this country . If they are to b 3 found in any co : < - satulion tho

      on face of the globe they ure to be found in the conntitution of England . If they are to be found inspiring and animatirg any institutions , breathing any customs , aniJ producing huppiniMS ia auy usage * , they ar » to be found in the institutions , customs and usages of our forefather * . . My Lord , I scruple not to «» y that it ig for this—it is because I am a man of this descri ptien— because I hate from my heart » sd soul—it ia bred ia me—it hza groan with my growth—it ha » strengthened with my strength , and , if possible , my Lord , it is much stronger to-day ginoe I have beheld the animus of the witnesses called in support of tki * prosecutionfrom ray heart a » u soul I hate and ever have bated

      anything like innovations upoa the inaiitutions of the country . I have said it bofore and I repeat itto day , " that the law of God , ag that law u laid down in hu word , " is the staadardof all law . the standard which it in every man ' s conscience , for tho Apoitle tails us —that the " law is written in our heart "—that htr is given to us ts intelligent , reflecting , reasoning , creatures—as creatures who not only can understand , —but aa creatures who can put thsir knowledge into practice ; and taking this great principle as my starting point—as tha ground work of all I have ever said and of all I have ever done , lime gone nbout—I hare pnt mysdf U somu trouble—1 have run somo risk—I have suffered ne little , my Lord , in opposing the party—in opposing the mea .

      tmr < W—the unconstitutional and 1 ncld aati-ccriutural measure j iu which tho Administration to which the Hon . and Learned Attoraey-General belacgs layscla : m , as the brightest gemiu tho Crown , " that is to glitter like a gulaxy of stars and c irry tb . 'ir names down to tbe latestages of posterity . Gentlemen , —If I had been a mm if Another sta : r . - if ] had been a man of an opposite- character taihis , I shouU nothavestoodbelore youthij Air . I ' sn . ) W my Lord , itutolerated and allowed l ; uiuhro- «'> thopresB nnd froa tho phtform to brbig t ! . ; i cIiiknan religion m i = sUbli > hed bj law , nnd as founded > y Gad himself , it is toi-rated and allowi-aiinbi-c w-n is snowed , to revilo Cn . r « riiniitj-it U allowed to speak cispBraghyly , to apeak bhiaphemy ot ths Bon ot God .

      The Judue . —Itisnot to , Mr . Stephens . Jt is not allowed by law . Mr . Stephens . —My Lor . l , I was going to add , liat it was allowed not by tho geniu . i of our lnw—God forbid ihat it nvor .-hcu . d— bat it i- * al ' . os-ed Mw ' - tin- eyas oi thr l . i-. y—of irti > Li'ar ; , ed Aifor-i' - ' . vtiaural who comes tu . ' . \> In v-u-Jicntu i-i . j law . > : V . ilb ' . oij '» i . rr . ^ fc t ! i i mo- ; rcar—u i < ;•!' . (; ' ¦ •¦ f- u .-p .-aJcf ih ; - 'Us * of ! . ro , ; :. ; a Wu-. ^ oi - ' -.

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      raWos—of imbecilf 8 ,- "as an excrescence span 0 &r constitution to be cutaway with theprunicg knifoof the Liberal party—to which the public prosecutor ia this cute beloDgu . The Jbdob—That is not allowed either M » . Stephens , unless yon can shew me any case of a man that hai been indicted for it . Mr . Stephens—It is allowed , my Lord , in a certain 602186 , at least that it being passed leniently and silently by without attracting any notice . The Judge—That I know nothing about . It is not legally allowed .

      Mr . Stephens—I am sorry yow Lordship should cavo so understood me . I mast aajthea teat it is allowed to pasannobserred and unproseculed . Tbe newspapers of tha day are filled with allusions of the character which I have referred , and yet of late vearg at leact you have heard of no prosecutions being issued against parties , so speakiDg , Jn truth , my Lord , in the case of the Whigs , at the time of the reform bill , we find that meetings precisely of this character were held in OTerypart of tho countrywe iind ensigns , flags , and banners , inscribed with "Liberty or death , " "Reform or vengeance , " '• Down with the tyrant * , " caps of liberty , and banner staved , headed with pikes and every thing of that description . We find tho people of tha country recommended to stop the tap , to pay no

      more taxej—to compel" Old Billy , " na tUoselearned and loyal gentlemen undertook to denominate tbe iavrful Sovereign of the .- < e realm * . Yon find THREE GROANS proposed for the QUEEN , the nn 8 » FEMALK i . \ the land . You find banners and ensigns depicting the Kino and bloody axk in » block , intimating that unless the King would pass the bill , "fee whole bill and nothing but the bill , " he was to remember the fate of gome of his predecewor ? in this and other countries . Now , Gentlemen , 1 pot it to you , whether in this country , under those circumstances , with all those facts passing daily before your eyes and those that have recently passed aad are now taking placewhether , Gentlemen , you can believe the Hon . and Learned Couneel when he tells you that the only

      reason why ho comes hero is to " vindicate the la i , by rendering me amenable to those laws which ha has stated 1 hava broken . My Lord , why do I mention all this ? For what ptrpose do I trouble your Lordship , and tax that patieaca and condescension which is always by a British Judge awarded . to a defendant situated as 1 am ? It is , my Lord , for the recognition of a great principle—for the establishment of a great fact—it is to put it clearly before your Lordship , and before tho Jory in that box , that there ii a certain class of persons and a certain clas * of writings which ara tolerated , and which ia suffered togo \ HKepto'se < l , 'wMn > YiV . peisecBtion » nd without punishment . Yea , my Lor < J , we can have upon occasions when it suits the purpose , cr when it conduces to the stability of an Adiainistratign— we can

      have disturbers of the publio , peace , incendiariesmen who speak bo as to lead to a subversion of the law—who propose actually , my Lord , not a repeal of the Poor Law Amendment Act , but a repeal of tha Union wbicU connects tb ' w kingdom with the adjoining kingdom of Ireland—we can have thia man nwvjng through the country—forming and organizing societies iu every direction—marshalling their Eaensbers—cuuating their numbers—receiving their money—we can have this rnaa publicly declaring that if thoy wanted a repeal ot the Union , some 50 , 000 or 500 , 000 , or . in some cases two millions of fighting men yreie to go and petition the Crown , Yft » , my Lord , the Attorney-General does not consider that illegal . The Attorney-peseral does sol consider that worthy of his attention . That is no »

      a matter to be prosecuted . Ho doe * not come forward to vindicate tbo law , " to maintain the st »» preraacy inviolable in the laws of the Union . This Union may be threatened to be dissolved . Two million * of fighting men may he paraded upon paper , atlea ^ t , before the Crowu , to compel Government to give to that gentleman as much power as he require * . But no sooner does a humble individual liko myself , a poor undefended minister of ihe gospel of peace to man , my Lord , withou } talent , gave tho talent of telling the truth fearlesslj , and aa far as he knowj it ; a man without family , save that of poverty , as humble and as me . ritorioua as I trust his own Ms ; a man without name and character , save the name aud character of iireirand and incendiary , aud Assassin , and madman ,

      and demon ; a man without influence , sava the in-Huence ot" tho widow ' s prayer , and the power of truth , which is great , and will prevail ; no sooner doei ) a miE , situatod and charactered as I am step forward to plead the poor man's right—to speak oh btthulf of the widow and fatherless , and to express constitutionally hi < opkaons and his viows cf tbe Poor Law Amendment Ast , and the factory system , and upon' tte case of the hand-loom weavers , iand similar practical grievances and evils in the country for which ho proposes a practical and constitutional reiBody ; no sooner does such a man as that appear before tbo country , than , though he be thus humble acd unworthy , and without iuilaer . ee and power , thp Attorncy- ( jener « l comes down to the assizes at Chl ! ., ttT , &nti ureB £ cutes that individual , as he tells

      you , timply for the jurpoas of " vindicating tha aw . " He nas no intention , the Learned Attorney-General , and the Government , whose servant he is has no intension , my Lord , of putting down publio mseriiigs , n » intention of re * iricting the liberties aad the opportunity ot" giving a fair expression of opinion ; he jiridws him ^ lf upon having the honour of appeuring in this prosecution , because it is a prosecution simply intended to l > vindicate the ] &vr . " Why , Guntlemsn , if this be really so , what course would the Learned and Honourable Gentleman have pursued . I aa charged , my Lord , with raising and exciting disturbance aud dUc-. ntent in tbe minds ol' tho subjects of this land . I am casrged with tanking senrirj » pt'echi"g and diio ^ - ^ xt , having , as ihe Attornty-Gennral says , a direct and

      inencaklt ) ajd nece .-Bary t « adencjr to injare property aud'lead to the loss ot life bj violence . 1 am charged with hnvinjf uiiortud the peoplo to arm themselves , t « procure arm * , to b » in the possession of arm * . Now , ay Lord , with these facts , Ukiug these facts as the Attorney-General stated tkem , and as hs ha » endeavoured to bring the witness to prove , taking them as facts ' , what is the course which tie Attorney-Genaral would have pursued , if his object had simply been toviadicate thj law ? Why , clearlv , ray Lard , he wcaltl hava taken the defendant ia this case , or rather Tshoald say , for it is sain fact , tbe prisoner at yonr Lordship's bar , ha would hare taken the prbaaur at your Lordship ' s b ; ir , and fought himin anothsr field ; ho would have bro D ^ hj a case before the court aud the country , about which

      thsre could bo no doubt . It either is or is hoi lawful for subjects of this realm to be in possession of urms , it either is or i * not lawful for individuals situated as I am to express their opinions upon the factory system , or ths Poor L&w Amendment Act . Now , my Lora , _ my opinions aw known—there need be no three indictments—no calling of witnesses—for your Lordship , will . have perceived that except the policemen , the witnesses w ,: re all cotton spinner * or the children , er cousins , or other relations of cottoa manufacturers , and tbo attorniM conducting this prosecution . Th » Honourable Gentlflman remind * mo taat I have forgotten Tinier , wUo is a snrgeon , a man appointed under the Factories' Regulation Act , a man whoso conduct J have frequently had occasion to bring before th « notice of the couRtry

      , I repeat , then , my Lord , ihtro would have been occasion for this calling of witnesses , this bringing together into that box < v family party , for you hava UOthing fclsft—the families of the Howards , tho Ashtons , the Tinker .- ' , tonuected with these families and oasther party or two is directly or indirectly connected with this lami ' v compact . If the intention of the Attonjey-Gr'iwnl had been to defend the law , I Bubcat that ha would have proceeded against mo for aoms speech , of which tkere could bo no manner of doubt whatever . I have not done theje things in a corner—1 have not said these things by tho fireside ouly—or in small rooms—or to a few persor . ii— what I have sjaid I huva said openly and above board . I have said then at masy meetings , and I hava recorded , as I shall have occa-iion

      to show your Lordshi p , when I come to speak of motives and intentions—1 have recorded my opinions , and luj opinisns are recorded , are , as strongly as any Attoruey-General could hava recorded them . Why is it , then , th * t no speech of win * ever taken down by a 6 bort rbnml writ ; r hail been made the lassofa criminal prosecution ? Why is it , my Lore , that while I have been mis-represented and maligned ; white » ven her Majesty ' s Secretary of State haa given oat in the House of Commons oa inday l&it that Stephens inculcates murder and tho destruction of property ; thatStophens declarer in his printed ssrmous thnt under th < j Poor Law . raeuGmicit Act the divine commund , Ttou shait not steal , " is of no force or obligation ? I either hr . ve said those things or not , euherhavo wnttenand published them ornot . Thi * Secretary # f State haa reported that I huve said these things , and it I have publi » hed them , how is it , I nsk with boldness and confidence , t « at the Secretary of State has not instructed tho Lsarned Attorney-General to proceed against mo for such spcechei

      aud sermons ? Why , my Lord , clearly for tiiis reason , that when real aud exiuiined , and weighed over—when brought to the touch .-tone of truth , and applied to the standard of your books—my Lord , whon brought to tho stmdard of that book \ rhi « h is part auil [ jarw ' of the conim n law of thelanJ—it wo : ild be leu&d I h » . vo iiiculcuted no doctrines , niid advanced no opir , ioiw but scxh aa are s < uic : ly ccusiitutiocal ti :: d Christian ; thereiorr , ic is that sisl these ar *> psr ^ sd over—therefore , it is tbat JU ' il have brought Wore you ( . ni'Aoucf , tisninplo of Whica you have had Lere w-Jay , evidence from which the Att .- riiey-Geaernl chooses to ask you to give ft vepdic . % liuit th « Court iu ; iy consi gn we to the pm . isbmeaf , wLieh th-J Adaiiuistrstiijii 1 have opposed wishes v . e to recoive . My Lord , if this prosecution wd Wyun to-da )— it'it bad h > gvn , us Tinker savs ns ov : dw 5 co bi'smj , t-o months ago . If it had hstppfuo-i at 0 m tiu . f . ifcat ; h ., miv tint is . said to havo Uru-ii ];« a-: i—; : ' . ! : f ^ -.. i h .-. _ : i o—i Aot-ld l : avi > ihoiigiit luy-v . i ! -, ¦ _ , m >; jh \ 7 ;; iiti : iir in duo ri ' spsc . to )> . ' ir ( t V ; . / .-. •; . v- ; . ' i .-t c :: ¦ i \ v . iU / i / -. 'C ' - ;

      Untitled Article

      _„„ »« n ™ T , WDM STAR . aoaBSI » i laSS -

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  • Citation
    • Northern Star (1837-1852), Aug. 24, 1839, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1071/page/6/