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Northern Star (1837-1852), 18th November 1848, Edition 1 of 3, Page 2, TWBNTT-F1FIH BUmON wnuw *b'

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    • TWBNTT-F1FIH BUmON wnuw *b'
    • THE EDINBURGH CHARTIST TRIALS. HIGH COURT Of JUSTICIARY,
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      Untitled Ad

      Part&eThira Contains an accurate description of the diseases caused fcy Infection , and by the abuse of mercury ; primary and secondary symptoms , eruptions of the skin , sore throat , Inflammation if the eyes , disease of the bones , gonorrhoea , gleet , strienre , * c , are shown to depend oq tins * &use . Tn « r treatment U tolly described in this section . The effects of neglect , either in the recognition of disease or ia ths treatment , are shown U bo tke prevalence of the iros is tbe system , tTbicb f ooaer or later mil show itself in one < £ tbftfamu aJisidy mtationed , and entail disease sits most frigklfnl shape , n « £ only on the individual himself , eat also on the offspring . Adrice for the treatraejt of all these iistases and their consequences is ten . ieredia this seotio * , which , if doly followed ap , cannot ail in effecting a cure . This part U illustrated by seventeen coloured engravings .

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      THE BEST APERIENT AND ANTIBILI 0 U 3 ifediciae for Genertl Use is Frampton ' s Pill of Health , whiek effectaallr reKe « s the stomach and bowels by gentle relaxation , without gri ping or prostration of Strength . They remove head-ache , sickness , dizziness , pains in the chest . 4 c ., are highly grateful to the stomach , promote digestion , create appetite , relieve languor and depression of spirits ; wlule to those of a full habit arid free livers , who are continually suffering from drowsiness , heaviness , and singing in the head and ears , they offer advantages that will not fail to be appreciated . This medicine hae for many years received the approval of the most respectable classes of soeiety ; and in confirmation of its efficacy , tbe following letter has been kindly forwarded to Mr Prout , with permission to pnblish it , and if requisite , to refer any resjectable perso * to its author : —

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      FAMED THROUGHOUT THE 6 L 03 E . HOLLOWAI'S PILLS . A CA 3 E OF DROPSY . Extract of a Letter from Mr William Gardner , of Hanging HaaghtoB , Northamptonshire , dated September istii , I&x 7 . To Professor HoUeiray . So , —I before informed yen that my wife had been tapped three times for the dropsy , but by the blessing of God upon your pills , and her perseverance in taking them , tbe water has now been kept off ei ghteen months by their neons , which is a great mercy , ( Signed ) Wiu . uk Subne * .

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      breath ! an « had only tatoathem a few days when he appeared quite another man ; his kreath is now easy and natural , and he is increasing daily aad strong . ( Signed ) Ditid Wisluks .

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      // dd& foh . ^\ MEDICINE

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      FHDER ROYAL PATRONAGE . PERFECT FREEDOM FROM COUGH , ' IaTenUiautes after usa ,. andarapid Cure of Asthma aad Consumption , and sll Disorders of tha Breath and Lungs , is insured by DR LOCOCK'S PULMONIC WAFERS . The truly wonderful powers of tbia remedy have called forth testimonials from all ranks of society , in all quarters of tha world . The following have beea just reeeived : — AHOTHER CORE OF SEVEN YEARS' ASTHM , from Mr Edffin Squire , Corn Market , Louth , dated , March 19 , 1816 . Gentlemen , —A lady ( whose name and address is below ) called atmy ^ shop yes terday , and made tke following statement respecting the bmeficial effects prodaced br

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      SLnp .-The poet Toung says , « Sleep is great Mature ' , lecond course—the balm of hurt minds . ' Johnson » avs 'It is the parenthesis of human woa . ' Sleep bdngthw appreciated by mankind , how dosirous owht we to 1 ™ that all should tranquilly eajoy S repoTe' the general obstruction to which is through an uuhUlftv Sb . ™ ' ^ ° ^ S Tl 8 Cwa - A little atUatS X ^ eVrhe ^

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      On Tnesday , November 7 » h , the trials of the Edinburgh Chartists commenced before the High Court of Jaatioiarr , in Edinburgh . The Judges on the bench were the Lord Justice Clerk , Lord Medwyn , and Lord Mackenzie . The court was crowded to exoasB , and the greatest interest was manifested in tke proceedings . It will be seen , from the subjoined report , that an objection had been raised , which has been deemed of suoh importance as to ba laid before the whole bench of judgei , wko ware to assemble en Thursday to hear the pleadings , aid decide npon them . The general import of the objection » , that while the major pro . positioi of the indictment charges the prisoner Cumming withMotraTentioo of the Government Seority Bill , sedition , and congpiraoy , the facts set forth in the minor proposition amount to the crime of high

      treason . James Gumming , shoemaker , Duncan Street , Edinburgh , was placed at the bar on & charge of centraveoing . fint , the tot lately passed for the better eeantity of tbft Ctown and Government of the United Kingdom ; second , of wickedly asd feloniously conspiring to effect an alteration of the laws and constitution' of the realm by foree and violence ; and thirdly , ofseditien . The libel , whioh is of great length , n&rrateB that the prisoner did wickedly and feloniously compaes , imagine , invent , devise , er intend to levy war against the Queen , in order to compel her Majesty to change her measures or counsels , < & * ., in so far as on the 28 th of June last , he expressed , utUred , and declared , by circulating , or distributing , or cauBing to be distributed , a placard in the following termi : —

      'NATIONAL GUARD . ( A nation to be free , require * bat arms and a knowledge of tkelr use ; 1 A pablio meeting of the National Guard will be held in tho Trtdis' Hall , Infirmary Street , on Wednesday , June 28 . 1818 , for tke transaction of important bntineSB . Doora open at eight o ' clock ; chair to be tstt-n at half . pnt light o ' clock . Tha wloua clubs aye Mspeetfully iBvlled to attend . An opportunity will be given to those delirious of jilniug . ' It ia the doty of ail mea to hare arms . — . Forfcectie . ' It is the tigkt and duty ef all freemen to kave arms of defeaoo and piace . —Braolm , « I rsqueBt you to tike care that the people be well arise * , and in readiness upon all occastoM . —Qmsn Elkabelh . ' To attaok the lowest among the people is to attack the whole people . —D « Lolme .

      He is a fool who knows not that swords were gi ven to men that none might be slavta , but 6 UCB fit liBSff not how to use them , —Algttnm Sidney . Oao penny will h e chargea at tke door to defray eiptnees . ' The libel affirms , that in consequence of openly reading this placard , a number of persons assembled for the purpose of being enrolledas a National'Guard ; that the prisoner took the chair at this meeting , which was to form an illegal and disloyal body , t >

      compel by force or violence an alteration of the laws and constitution of the realm , by procuring and using guns a&d pikee , in order to levy war ; and that an individual . whMe name is unknown , did , at thia meeting and in the hearing of the prisoner , and with Ms sanction as chairman , propose to undertake to furnish , or to supply guis and bayonets to those who desired them . The libel next set forth that the prisoner , wickedly and feloniously , Ff > nt the following letter to ' Mr James Smith , 27 , Brunswick Street , Glasgow : —

      Edinburgh , July 22 , 1813 . 14 , Duncan Street , Drummond Place . Bear Saitb , —I am is reoeipt of yours of the li th , and take the earliest opportunity of communicating tbe information desired . Although I might have informed yoi geotrsllj as to the stata and spit it abroad immediately , I deferred writing nniil I could procure correct aoeounts from the numbers and officers of tbe varloui otae * and political bodlM inttndiog to arm . Thirc are ft great many clubs ; in f « ot , they ara springing up nightly ; thsre is a sort of club mania . The following ar » the aanii and inahcts of the clubs whioh are in .

      creasing we * kly : —Mltchel c ! ub , 56 ; Burns' club , 33 ; Hutr Club , 300 ; B * ird and Hardle club , 20 ; Gerald clnb , J 6 ; O ' Conaor elub , 12 ; Washington club , 25 ; Emmett dob , I hara not yot ascertained the number . Besides tho clubs th « e ia ^ the National Guard , which Bumbns 509 , making a total of 861 men , besides tbe Emmett clu » . The National G uard have glv « n an order for thirty-nine mukots wltb bayonets ; but a great many hare provided themetlves with armi ; those ordred are for those who pay in weekly contributions for that pur . pose . Some of the elabs hate purchased a few maekets at £ 1 each , which hare been Bhown at sae « tings . I do not know ef more than eight at yet ; but there is an arms fund in most of the clubs , fer those who are not able to purchase them at onoe . "When the guards are supplied whh the arms ordered , I may safely say then will be 109 armed . As to the feeling which pervades

      the town , it is decidedly warlike at the prtsent time ; the general topic of cenversation is arming , street fightinr , A * . The Irish papers , the Fekk particularly , is read with avidity , and haiUd with rapture and enthuaiaim . Never since I took an ; part In the movement—• nhich is now nearly twenty jews , WBB there tuch a strong feeling of resistance to the government . In 18391 was connected with a Defensive Means Association , but the spirit evaporated before a sisgle gun was subscribed for . It is v « ry diStrent now . The desire to procure and pos . sess arms is gaining strength every day ; whether they would fight or not , it Is difficult to answer . I kww that an Edinburgh mob generally fly If they are attacked ; but havlBg arms , and sone idea how to make use ef them , inspire confidence . I shall be glad to hear kow matters stand in Liverpool and Glasgow , as soon as oonvsnient .

      In toe mtantiae , I am dear sir , Tours sinctrely , J , Cchhiso . Mr James Smith , Glasgow . This letter , intended for James Smith , Roltenrow Street , Glasgow , a porter with Messrs Caa ^ bBll and Crudes , commission agents , was delivered by mistake to Jaraei Smyth , olerk . son of Mr William Smyth , writer in Glasgow . The n » xt oharge was that , in a room or hall it Oarabber ' s Clese , Edinburgh , which wts occupied sb a plan of meeting by the Edinburgh Branch offthe National ChartiBt Association or in the

      , office of the Norts Britmh Expa * B 3 , or in the ball above referred to in Infirmary Street , the prisoner did wickedly and feloniously combine and conspire with Henry Rankin , Rob « rt Hamilton , John Grant , Archibald Walker , Peter Dancan , and James Smith , and others , ealling themselves Chartists , to effect by force acd violence an alteration of the laws and constitution of the realm , particularly the constitution of the Ctmmona' House of Parliament , ' the qualification for the franchise required by law , the duration of Parliaments , < feo .

      This is an abstract of the indiotmeht , whieh is followed up by an inventory of various documents to be produced on trial , among whioh weperoeiveBeveral letters from Chartist leaders in various parts of the country . The number of witnesses summoned is forty-three . The counsel for the Crown were the Lord Advocate , Mr Oranfnrd , and Mr M . Bell ; and the counsel for the prisoner wero Mr A . S . Logan and Mr Grabata . Mr LeoAN , advocate , counsel for the prisoner , addressed the court at some length , objeoting to the reievaney of the mdujtment . His first objection wai , that the indictment did not libel in a sufficient and competent way any overt aots t « Bhow the felony tha statute ereates . There was a necessity , he said , for libelling the overt aots in connexion with the felonious intent , and for tha purpose of Bhowine the existenca

      ot that intent , and this had not been observed in the present indictment . If such evert acts may be found in other parts of the indictment , they have not been brought forward for the purpose of showing the existence of the felonious , design on the part of the accused ; Mr Logan went on to object to the chares ateomnon law ef con sp iracy , which ha maintained was vagBelyand insufficiently set forth , and then p ™<* eded to ohjert to the charge of sedition : on t £ ground that the overt acts set forth in the indiotment amounted to treason , and the panel ceuld not there fore be tried for sedition , fle submitted thai urZ a charge for high treason the jury could not return I verd . ot for sedition , and to , if the overt acts K K £ S « SKA * - ** *•* -& 3

      The Court overrated the first of Mr Loan ' s oMm . .. ipkte » dd ™ 5 ° TKt ™ , ER : ' » of conspiracy , be ng in itself in auhqh . n « I i ? ge it only be tried by the tm ^ j& £ jZFg second quretioa was , whether they could £ under thecomaoa law a particular modeoUffenS S 5 had by the late act been made a statutory offe ^ ef Mr Cbawporb addressed the court ia iJSjffi . LogaB , and to the gnggestion suggested by thalS Justiee Clerk , and was followedT by the Lord AdS c * te , boftof wkomentered at some ' hZl * tJ ? Z

      nistory ox legislation on the crimaa nf ^ j- » : 5 treassn . andMntendedthat theTaSait wt ^ the crime of treason into that of seditw , ^ i ?^ them at liberty to charge JS& 5 JB &te merly been treason ; but that it by no means we vented them fr « B retiming to tbe common law and under that law to prosecute any one guilty ofoon spiring to levy-war against the Queen i The Courfcharlngheard boih parties , thought the objection suSewntly inpertaat to be reserved fnr the wnsideration of the whele of the 322 ? JX ftuntr tm nmi " ^ "Sais On Tknrsday , November 9 th , the trial nf t « m « - Camming was renmed before the ffiK CU * % Justiciary in Edinburgh . There were nr « Hi * * i ? Lor i Justice Clerk , Zri mSSIWI *"

      • ieff , Lord Medwyn . Lord CoSbuS ^ SS tSS Wood . Counsel on both sides haS ' arSiad th 2 point , the Lord Justice Clerk , aftn £££ & i ? umt that he differed wffSfiKftJS lordships , gaveitaahU opbdon tbS thi %£ « £ of <**** tm iiW been mmlS £ SS

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      tcrv offence , and not m a common law ffmos , ha therehrt . felt oompelled » e Bustaia the objection to be wlevanoy of this part oi the indictment . Lord Wood took tho same view , but she rest of the judges repelled tbe objeotien , and ^ e . judgment in favour of the indiotment as laid . The panel was then asked whetlwr he was guilty or not R tiilty , when he replied in a fiim YOioe , ' Hot G * 0 ourt then resolved that the evidence should be oroceeded with on the following morning ( Fridsy ) at ten o ' clock , and their lordships thereupoa ad . 3 O Noy 1 Lbsb 10 th .-The court met to Jay-at ten o ' clock for the purpose of prooeeaittj Bilhtae trial of Commine . . . . ...

      Mr Logan , the oounsel for the prisoner , addressing the Lord Justice Clerk , said , that although he r * . gretted the necessity of making the motion which he was about to do , on account of the great time whioh this oase had already occupied , and tha inconvenience to whioh the jury had been subjected by the delay which had taken place , still he felt constrained from a sense of the duty which he owed to the acou 34 d , to submit a motion for further delay . HiB lordship was well aware , from what he ( Mr Logan ) felt constrained , in justice to himself , to state on the first occasion when the case was brought before the oourt . that , owing to unavoidable ououmstanw * . the counsel who appeared on behalf of the accused had only revived notice the previous day of being engaged in the case , and they had consequently had to opportunity for previous preparation . Sin » e thai time the engnming nature of the argument as to the relevanoy of the indiotmont had entirely coieo'ed

      their attention to the exclusion of everything eln I and . in these circumstance !) , they felt that the interests of the accused might possibly suier at their hands , were they to proceed with the trial to ^ ay , as they had not yet made themselves masters of the case . lie did not apprehend that the Lord Advccs e would oppose the motion he had to make . At » 1 events , he would sabmit to the court that they atijnld delay the case till Monday , that the oonnsel for the aceuaed might bt in a position to do full j asKee to the important interests ef their client . The Lord ADvocATssaid , that ! ie was sorry thai bis learned friends did sot feel themselves in a position to proceed immediately with the caw . It should not , however , be said that any request of the kind now made for further time to allow the counsel for the acoused to prepare themselves for better approaching the ease was opposed by the public pro * secutor , and he should not therefore object to the delay .

      After some consultation , the Court resolved to postpone the trial of CummiBg till Wednesday , and ) hat the raw of Grant , Rankine , and Hamiltoni the other Chartists , should be proceeded with on Monday . Tbe court then adjourned . M » kdat . —The Huh Court of Justiciary met ? n Edinburgh to-day , when the trials were neumedt Tho coart was cr » wd « d . J- » hn Grant , printer ; Henry Rankin , lately of the North British Express newspaper ; and Robt . Ham « ilton , | tftilor , were charged with . "edition and conayiraoy . They were charged with having , on the 25 * . April , within the premises occupied by the publisktn of * he North British ExpaKO * in the High . Street , Edinburgh , and again , on tke 29 th April , wickedly

      ieloniously , and seditiously resolved and agreed > o form a body to be called a National Guard , > nd to be provided with arms , to be used for the illegal and seditious purpose of ffieoting , by force and violenoe , or by armed resistance to lawful authority , alterations of the laws and constitution of tke r < " > lm . and with having become members of the said body , alao with similar proceedings on the 12 th nf June , and on ether occasions , m will be seen by the evidence . The Lord-Advocate , Mr Craufurd , and Mr Montgosiery Bell appeared o& behalf of the Crown . Mr Logan and Mr Lorimer appeared as counsel for Grant and Hamilton , and Mr MonoritS and Mr Graham for Rankin . The panels pleaded not guilty to tbe indictment .

      Mr P . Andbrsoh , tailor , proved that he was necretaryofthe Edinburgh Chartist ; AssPoiation . Joined it in March . Ceased to ba secretary about the end of April . Knew the prisoners &t the bar- They were all in the committee . The object of the * association was to e&ain wkat are called the six poiats of the charter . TUnkin was chosen at a public meeting a delegate to the Nationul Assembly . The Assembly m » held after the Convention . The National Assembly was held after witness oeased to be a member . Was only at one meeting of the Association , —that at which ha was elected secretary . It was held in tha tffice of tha Express newtpiper , High Street , in tb » begincinc of March . The committee usually met there . There was a meeting held

      there on the 25 th of April . Previous to that beard no proposal about arms . Never heard a proposition or talk in committee abiut proouring arms . At a public meeting held in Adam Square Hall , one M'Kay spoke about arms . M'Kay was bo pugnacious that he was called brigadier-general , and was considered one of the violent persons . Did not know whether or not M'Kay belonged to the CharkiBt Association . On the 2 oth April , at the end of the meeting , a motion was made to call a public meeting to consider the propriety of forming a National Guard . That meeting of the oommittee was held In th » Ex press office . The motion was carried . The prisoners were present at that meeting . Ekings and Walker were also there . A motion was at first made by

      Grant for the aotutl formation of a National Guard , but Rankin suggested to call a meeting to owsider the tropriety of forming a National Guard , and this was agreed to . Witness vot * 4 against the isotitn to call the meeting , Nobody vottd with witness . Witness left the room , and resigned his office of secretary in conwquenoe of the motion being earned . Thai was hia reason for leaving the committee . A ptUio meeting was called afterwards on the 29 < h April , to consider tke propriety of forming a National Guard . Witness attended the meeting of the 36 ih , which was held in Adam Square Hall . A penon calUd John Gray was fint in the chair , but waa deposed , as he wm incapable of managing the proceedings . Archibald Walker was called to supply his place . M'Ksy made a motion for the formation ef a National Guard , to consist of musketeers and laneera .

      la all , his motion proposed to raisB 1 , 000 men . He talked something about divisions and sub-divisions , but the meeting seemed to laugh at it . M-Donald , a painter , seconded the motion . Witness made a direct negative to the motion . Witness ' s proposition was against any arming . Witness ' s speech was very ill received ; and when he called in question thsir bravery , they hooted him down . A person ef the name of Auld seconded witness ' s motion , and his speeoh was worse received . Hamilton , the prisoner , spoke , as he understood , for the formation of the National Guard . He said that witnws ' s speech put them in an awkward position ; but witneu oould not recollect Hamilton ' s explanation . Themotion made by Miiay was carried by a forge majority . The meeting might be attended by GOO or 700 persons . Witness understood that a pamphlet wsra written by M'Kay about drilling .

      Johx Ekino 3 , tailor , a member of * the Edinburgh Chartist Association , said the talk about organising meant to get people to join the ChartiBt Association . J . Brownlee , sergeant of the Edinburgh county police , stated that he was at the meeting on the 28 > . h April , in Adam Square Hall . He was present in Plata clothes . The resolution pasaed stated that they were to be armed with lances and muskets , and they were to be commanded by presidents , sixteen oaptains , and sixty-four secretaries . Witnese corrobo rated the evidence given by Anderson in reference to the proceedings of the meeting . J . Lothian , reporter of the Edinburgh Niks , was present at a meeting in Bruntofkld Links . Mr

      John Grant waa in tbe chair . The other two prisoners were on the platform . Grant was a journeyman printer . Witness took notes of tbe speeches mad * at the meeting . Bad ample convenience for taking notes . The book before him was the book in which he took noteB . Witness then read the notes of Grant ' s speech . In this speech Grant said they were met to give the lie direct to Lord John Russell that the people did not wiah reform , and to express their resolution never to rest satisfied until the opinions and prinoip l < s contained in the People ' s Charter became the law of the land . Had they remained silent atsuoh a time the Whigs would bave thought that they were content to bs branded cowards . _ The sooner the government were deprived of their pewer tbe better .

      These were the thief points in Grant a speeoh . The prisoner Rankin was the nex t speaker . Witness read his speech , whioh set out by saying that he ( Rankin ) was glad that they were determined to uphold tbeir right of public meeting , in Bpite of Lord John Russell . Were there any in that meeting that oould be content with things as they were ? If they were not satisfied with suoh a state of things , what oould tkey thiak of Lord John Russell ? Let them stand up for the plain and simple truth , Although they might be put in the prisoner ' s dook tomorrow , would that prevent them ( torn awaiting tbeir tights ? If their forefathers had done so , they would not have keen is sash a state as they now were in . Let them , tfaewfore , leave liberty as alegaoy to their children , in defiance of all dungeons , even though they should be immolated for it . He hoped the day was not distant when Lord John Russell would be brought before the bar

      . of public opinion , and be sent across the eeaa for his condiot * Did they wish to drive them to rebellion ? Let them not trust too n ? uch to their trained police , their special constables , or tbeir parks of artillery ; for ho oould tell them that the policemen were wellaffected towards the Chartists ; and even among the rankB of the special constables they had friends , — men who , if the people were attacked , would tear the whitei badges from their shoulders and assist their brethren . Some of the military were also well affeoted towards them . But even althouch these were not all true to them , it was not to be forgotten that there \ rere many among the workine clasBOs who possessed a knowledge of as deadly wsapons as Warner ' s long range . If there were to tea struggle , let the working men only be true to then ? were roused \> j their oppresMM , and than , let the yi otiun « wft do to » imk well Md propMiy } ffi

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      tfyoa don't put them down , by — they will put you down . ' They had no wish to violate the Jaws , but they must have their just rights ; m * ""* wished to mako their ears bjza continually until they got them . Ewy country of JLuroDB w « for a «* vanoed before enlifhtened Britain . It w&fl said that the Frenoh were an inventive peoDle ; but the ory that was lately sounded through France might yet sound through Britain , and the British improve on th » Frenoh invention of a Republic The witness then west on to aay that he did not take everything dewn that was laid by Rankin , but what he had read was a correct outline of that speech . A person of the name of Ceekbnrn spoke after Rankin . On this wilneBS being ordered to look through his notes , and see if there was anything in that speech regarding

      arms , he read a passage or two to the effeot that the government was supported by two great powersthe power of force and the power of fraud—that the people were prepared to repel force by force—that the oppressor must meet the oppressed—that the only question whioh the people ought to ask themselves was , what means they were to uee to make themaelves free—aad that if the people had been properly armed , there would have been fewer arrests . The prisoner Hamilton spoke after Cockbarn . Road noteg of his speech . The question , he mi , which they must now be thinking upon was , how they were to meet their oppressors . That the people had a perfect right to make a form of government whioh pleased themselves , had been acknowledged by Lord Palmeraton in the House of Commoas , when speaking of tbe Frenoh Revolution ; and if the Frenah had a right , he should like to

      know why the people of Britain should not have the name right ? He ( Hamilton ) wished for suoh a change , so that the men who wrought should have bread to eat ; and he would have them not to rest content so loBg as there were pupers in the land . If thwe was to ba a revolution , in God ' s name let them be prepared with arns . Let H come boob . If tbe fovtrnment made sacrifices of their leaders , the people would be prepared to do something with the property . For God ' s sake get organised , and get puns and bayonets . The witnesj , after finishing the reading of his notes , wenton to Bay that there were parties of special constables in tbe immediate aeighbourhood of the meeting . The notes whioh he had read were extended on the day following the meeting , not for the paper with whioh he was connected , hat at the instance of the authorities , who had cited him to appear before them .

      Oross- » xamined fry Mr L ?< iak : Could not say that the prisoner Grant used the words , ' The military bad been put in arms that night , in order to put them down ; but the meeting were aware that they never had any intention of getting up in tbe physical foroQ line . These worth might have been wed . William Sombrs , reporter for the North Bbiti » h Daily Mail , gave evidenoe similar to the preceding witness . After hearing gome farther corroborative evidence , the court adjourned till Tuesday : N » v . H *—The oase of Grant , Rankin , and Ham ilton , for ennepiraoy and sedition , was resumed this morning . Th » oourt wa 3 crowded and the greatest interest appeared to be taken in the trial now that it was ap » roaohuu > its ol * s « . The fallowing witnesses were examined in exculpalien :

      , waltkr Prinolb . Bhoemakar , who was a member of the Edinburgh Chartist Committee , recollected the meeting of the committee , held on the 2 Wh April , at which the proposition waB made about tke formation of a National Guard . That meeting was an ordinary one , and was not called for the purpose of considering any motion about the guard . The week before that meeting a requisition was sent by one Joo . M'Kay . about the formation of a National Guard . He waa calledxthe brigadier-gene » al ; but the committee at occe refused to have anything to do with it . The proposition fw the formation of the National Guard was made by individuals unconnected with the Chartist Auooiation . The oommittee had heard tbat individuals were recestly taking steps towards

      the formation of the guard , and they thought that thia was prejudicial to the Chartist owsa , and they therefore wished that the proposition should go forth to the public Rankin ' s way ef stating the matter eave witness to understand that , as there was a boteer a few days b « fore in reference to the riots and breaking of the lamps in Edinburgh , it wh hu opinion that , if the oommittee had anything to do with tha formation of ths guard , they would get tho blane of that as Uiey had got the blame of matters with whi « h they had nothing to do , suoh aBtherlotohe bad referred to . The opinion of the committee Beemsd U be that they should leave the calling of tbe meeting to the individuals who had get us the

      reqomtion . That night , m committee . Rankin said that wUnesa should be careful not to have anything to . dowith John M Kay , because he would hurt the Cb # rti * t movement , if things were carried on as M'Kay wished . The meeting in Adam Squwa , to consider the propriety of the formation of the . Notional Guard wai not oallad by the Chartist committee collectively , They had nothing to do with it Raakin w » s quite opoosed to the formation of th » National Guard at that time . Grant , at the netting of the 25 th April , assigned as his reason forintroduoing the matter in committee , that he had heard that parties were going about talking about the form&tion of the euard . and he wished to prevent it doing injury to the Chartist cause .

      Cross-examined : Believed that M'Kay ' s proposi « tion was a plot to break up the Chaitist Association . Witness heard that guns were purchased , but did not know wiy parties who had purchased them , nor who they wert for . Ro-examJaed : The Chartist Association never purchased any gun , nor did the Committee give any of their money with which to purchase them By the Court : The Committee on coming to the resolution to allow the meeting to be called , communicated their resolution that night to M'Kay Brown Blair , a typefounder , gave evidenoe to a similar effect . Alexikdbr Murray , Inspector ef Cleansing for the City , » id that he had been acquainted with Rankin for several years , and his general charaoter was good , so far as he knew .

      This closed the exculpatory evidence . Mr Cracfdbd , in the abunoe of the Lord Advocate , who was unable to be present to-d « y from indisposition , then addressed the jury In a v » ry forcible HptMli . After adverting to the importance of this eaw to the public , and still mere to the working elassse , he referred to the nature of the charges against the prisoners , and to the evidence on which they rested . He then analysed and commeckd on the evidence at great length . H « had , in conclusion ., to state that he was not trying these parties for holding or txpresBing their political opinions , or for forming or j « ining a Chartist Awooiation , or even for agitation ; but he was charging them for doing that which never could be d * ne in a civilised country

      without producing the moat lamentable and ruinous results—for seeking not to promote by peaoefal , lawful , and loyal means , but by force , violenoe , and armed resistance , a change in the constitution . He eautioned the jury from giving any countenance or encouragement to tbe notion that violence and force were instruments by whioh any public measures were to be carried . All who loved the c * use of liberty , must deeply deplore and condemn such proceedings as those to which the prisoners resorted , Liberty could struggle against oppression , bat liberty could not survive if attempts were allowed to obtain publio me&eureB by force and violence , instead of by legal and constitutional means . Mr Monobibff then addressed the jury for upwards

      of two hours on behalf of the prisoner , Rankin . He commenced by saying that he could , with the utm » st safety , intruBt the jury with the protection and defence of those constitutional principles to whioh w « owed our independence and freedom . The indictment before them , he need scarcely tell them , opened a perilous chapter of constitutional law . They had , in its oonstruotion and application , to walk along that narrow path whioh separated constitutional agitatUa fnm sedition . They had to draw the line , whioh might be waveriog enough , on the one side of whioh a man might atand a patriot , and on the other a rebel . It was n « t always prudent to dwell on where the right of the people ended ; but in this o&sa no oonBideratien of this kind must prevent them from dealing ,

      constitutionally , with the panels at the bar . He needed not toremind them that verdicts had been returned by juries against parties for acts which had raised ethers to power and glory : and that these ve « aiott had stamped a oharaoter on the times which no memory coald forget . But he had no fear of such things now ; All that he asked them to find was , that in what he had done he had not transgressed that constitutional barrier within whieh Rankin was entitled to promulgate and promote his views , and within whichhe ( MrMoncrieff ) and the jury were entitled to promulgate and promete theirs . From the phraseology of the indiotment , when it talked ot » uoh and suoh things being done for the mort » ff « tual prosecution of the objects » f the Charttet body , H appeared to be insulated that the otjeets of the Chartist bodv if not criminal by thtmselves , at lsest raised the Buspi-SffiJKffrtfc . u ? *» " t « at there was a £ - in theChartist

      thing . opiaions wkioh raised the slightest susticiou as to tke legality of thsir preoeedings . It was a code of politics quite as respwtable in itself as any held by any other body of ™ 1 H t IT ft * ? muoh entitkd t 0 nP «»« M «* e £ SS 't , ? !! - " - - " othw dividual ww entitled ( o hold hu op . nions , whatevw these might be . But it was sa : d that Rankin spoke in favour of organuatwn and of dubs . Was it frem his imJmri wfi ?* £ ™ t 0 bB W * fiJffiwiwdi of SStiSZST 3 8 « " »«<»» that was not orfia-StaS j S T * . " * 111108 * impossible to with iiS ^ K 11 fM * S ^^ ™ w * wmeetod SDrSL ilf 7 ^ v , . eritioi » dthediffcf « nt expreB 8 lDM 5 uoted in tke indiotment as evidence of Sr ^ T * s ^ vv admuted th » t «« S £ - guage used by him at the meeting in Brn « tRfi « Mo

      iti ?*!* 1 infl ! T «* EW > iit ; *«* he held that it , , at the game fame , contained the assertion of a doctrine truly oonahtutionftl ; for when he talked » brot the peoplei being illegally attacked , and the gevernment OipmBg them of the independence of action or 8 P . 94 Qh w&trarj to ( be wulitutuui and the tow , he

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      only sp « ke whaf those who founded the liberties n Britain spoke frequently before . After stating th sentiments of Fox atfd Bad Grey on this point in 1795 he qaoUd from a Bpttflbmuie at the great meeting in the Queen ' s Far * Of . MroburgU during the arit 2 tion for the Reform Bill / . " whioh the speaker siM that if the Duke of Wellington was t » establish a military government—a geverntfwntof the sword-fo ! would learn that the peaceful citisnn , when u ^ htin ? for hv 3 rights , could advance with his naked bosom as fearlessly as the hired soldier armed with ouirass . * The Lord Jusiicb Clbhk : Who was the spiaker 1 Mr Moncribpi : Mr Aytoun . He ( Mr Monorieffi held that this sentiment was one which the speak *

      was entitled to entertain and express ; but he denied that it was more than a mere hypothetical propoaL tion ; aid so in the ase * f Rankin . They oartt thflrefore , not to scan a man ' a wtrds too minutely ' While he at once admitted Rankia ' a rhetoric to be extravagant , ho stated that he was convinced that ha oould paraphrase all that Rankin had said—express the very same ideas—withsut committing anything like treason . He oonoluded with an eloquent appeal to the jury to return a verdict of not guilty in toe oase of his client ; and in doing so he stated his con . viotion that they would do what would ( end much to sweeten those bitter waters out of . which these pjo . seeutions had arisen .

      At the conclusion of Mr MoncriefFs address there was cenilderable applause , which waa Instantly checked by the benoh . * Mr Loo an then addressed the jury on the part of Grant and Hamilton . He analysed the evidence with great minuteness , humorously depicted the part taken by Brigadier-General M'Kay in the formation of the National Guard for the protection of the me . tropolls , and the kind of reporters whioh polioemen made when they dropped their batons and took up the pencil . He adverted to former political agita tions , sBd in connexion with this matter said , he would refer to a meetiag now matter of history—the Meeting held in May , 1832 . in the King ' s Park , of Edinburgh . Tha jury would remember the

      cironmstancei under whioh that meeting was hold . A crisis had ooourren" in tha political existence of a certain party or faction , call it whioh they would—a orisia not more important in their eyes than waB the crisis which oasurred in the party or faction oi the Char * Mats , when Lord John Russell , who introduced and carried the Reform Bill , deolared in 1848 against all further progressive reform . No proseoutions followed what took plae * in 1833 . Nay , there were men emin « t in authority and in station , respeoted and trusted by the community at large , who were present at that meeting , and who now graced the benoh ., There were men present at that meeting in 1832 , aidfcg , some by tha weight of their presence , and othws by the weight of their eloauence . the common

      object they had in view ; and these men were now publio projecutorB , representing her Majesty for hsr Majesty ' s interests ; and yet things occurred at that meeting whioh , if the hon . baronet now no more , who presided at it ( Sir Thomai Diok Lauder ) , were to be visited a » J « hn Grant , the journeyman printer , was visited now , would , he thought , kave laid a broader bottom for a prosecution for sedition , than all that was ever * aid or done on 'Brtrotsfield Lints or tho Calton Hill by all the Chartists of Edinburgh . Did they not taink that a wise consideration should be given , and allowance made for the opinions under waich men acted , and tke eiroumstanceB in whioh they were placed , and that it did not necessarily follow that because a man wi » k # d hard at sedition ba

      , was thtjeby iiospacitated ever after for discharging the duiits ofan active and loyal eitizon of the kingdom ? He prayed that there might not be two measuresforjadging of men ' s actions ; that they might not be more merciful to the right hon , baronet , who had a titled estate , than te the journeyman printer with 25 j , a-week , and that his only support . ( Ap . plause , which was instantly oheoked by the court . ) The learned counsel oo&olucUd by imploring the jury to pausa before returning an adverse verdict , left they Hight , in the minds of those with whom it was dangerous toexcita suob . a feriing , elevate the men at the bar to la * rank of politioalmartyrs , whom they nwrs ' . y inWnJ « d H > Wand as political felons . TfaeLoBD Jostiok Clbrk than proceeded tsehar 2 e

      tnejury . In oommeutwg upon the indictment , he gave it as his o ^ inioi thit the charge of conspiracy end « d with the prooeedings at tke nie « ting held in Adam Square U » U for tta formation of the National Gaard ; and said that iftheoonspiraoy had not been proved up to that daie , the subsequent acts , un « substantiated by evidence , could not be taken as proof of rh « charge . After going » ver tbe evidence with groat ninatene ; g , he stated that tbe charge of conspiracy eould scarcely be provad against either Grant or RankU ; and that ev&n in regord to Hamilton , he thought that there was no proof , unless the support whick h « gave to the proposition to form the National Guard at the meeting of Adam Square Hall oould be bold u sufficient evidence to that effect . Ia reference to the charge of sedition , the most import , ant part of the evid «« ce for consideration , as asaiast

      liunuton and Rankin , was unquestionably the speeckes m » de at the mseting in Bruntsfield Linkl on ths 12 th J » ne ; bit in regard to Grant he did not think that the mere non-itterruption of the speakers on tbat ooeasion was sufficient to bring the charge home to him . He concluded by cilling upon the jury to return a verdict in accordance with the evidence , and not to allow their minds to be influenced by any considerations ^ expediency . Whatever the verdict wai , he was convinced that it would be perfeotly satisfactory to all men whose opinions were entitled to regard ; for although there were people who chose to disparage tke independence and good sense indirectly of such a jury as he had the honour of addressing , yet be waB afraid that they would look in vain for any better tribunal in any of the changes they contemplated . His lordship ' s speech extended to about three hours and a half " .

      The jury then retired about twenty minutes past nine o ' clock to consider their verdict , and returned into o * urt in about three quarters of an hoar . The Foreman intimated the verdict as follows t—• The jury unanimously fiad the charge ofconspN rocy againBt the three pansls as libelled not proved . The jury also unanimously find John Grant not guilty of sedition as libelled . I The jury farther unanimously find Robert Hamilton guilty of ueing language calculated to excite popular disaffection and resistance to lawful authority .

      1 And by a majority of one find Henry Raskin guilty of using similar language . ' The Lord Justice CiKBKeaid : Be good enoush to observe , in regard te that part of the verdiot ' that contains the speciality , and whioh finds Hamilton and Raakin guilty of using language calculated to excito popular disaffection and resistance to lawful authority , that this is the description of sedition libelled . To make your verdict correct you should determine whether they are gailty or not guilty Of sedition to any extent that you may please . Toa may , for example , say , they are guilty ef sedition in so far as that they used language calculated to excite popular disaffection and resistance to lawful authority . The Foreman of the Jur t : That is quits our meaning , my lord .

      The LsftD Jusiiob Clsbk : la the choice of the word ' calculated , ' do you raea * to leave out the ward ' intended , ' or is your verdict meant to embrace both ? The Forbmah of the Jury : We purposely left oui the word ' intended . ' Theverdiotwas then altered as suggested by ths Lord JuBtiie Clerk , and was agreed to atand aa follows : — ' That tho jury unanimously find R 9 bert Hamilton guilty of sedition , in bo far as thath 9 used language calculated to excite popular disaffection and resistance to lawful authority ; and by a Majority of one find Henry Rankin guilty of sedition in tho same terms , '

      After some consultation with the other judges , hia lordship said that the diet would be adjourned till Saturday at ten o ' clock , when sentence would ba passed . Mr Grant was then dismissed from the bar and the other panels were oonteyed to priB » a . The Court then adjourned . We understand that it is at present the intention anattsr ° ** " r S ° ' ° ^ y" » V ™ . " ® nttaT ™» ' ™ ° f too SKKiSXSk'asaff 111 **

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      Shipwreck and Loss of Tbn Lives . —The barque Carmelita , of Bangor , Capt . Cole , from Fayal , 9 th Sept ., for Boston , with a ; cargo of sperm oil , wines &C ,, andI thirteen passengers , was abandoned at sea on the 29 th of Sept . in a sinking condition , havmg been boarded by a sea while scudding in a gale on t f J ' J * W 40 , » , ton . 53 30 . wfwhich swept the decks and broached the vessel to . She was cotbefore the wind again , leaking badly ; soon became un . manageable , and broached to a second time , and capsized . Capt . Cole , two mates , five seamen and four passengers succeeded in regaining the vessel nine passengers , three of them femalesand one seaman

      , , were drowned . About one hour after , the vessel righted , vrith mainmast , fore and mizen topsails gone , and full of water . She came to on the other tack , and lay on her beam-ends during the night . At daylight next morning the vessel was a complete wreck , the sea making a clear breach over her . Both mates were totaly disabled , the crew wholly exhausted , and one passenger had a broken leg . The crew succeeded in clearing the wreck of broken Bpars , and saving a small quantity of beef and wine , on which they subsisted until the 29 th , when they were taken off by the British bawue Castries , Capt . Hinds , from St Lucia , bound to Dublin .

      SmpwiucK .-On Friday week the schooner Jaue , of Belfast , * ent ashore on Stroma , becoming a total vrreek . Captain Mackenzie and an Irish boy were unfortunatel y drowned , the former being ia his bed at the time . He hu left a large , family of orphans , tt » w mqthec being d . « ai

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      o : THE NORTHERN STAR . ¦ . / ' ., _^ jgcroira 18 , 1848 .

      Twbntt-F1fih Bumon Wnuw *B'

      TWBNTT-F 1 FIH BUmON wnuw * b'

      The Edinburgh Chartist Trials. High Court Of Justiciary,

      THE EDINBURGH CHARTIST TRIALS . HIGH COURT Of JUSTICIARY ,

  • Citation
    • Northern Star (1837-1852), Nov. 18, 1848, page 2, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct1497/page/2/