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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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THE SPECIAL COMMISSION To " P ^ T DOWN" CHARTISM , rSBEB SIB F . POLLCCE , '' PUlIS JOHK CAMPBELL " HATIXG FAILED . STXTTOB . V , Fkidat Night . —Another alteration baa jaVen place in the proposed arrival of the Lord Justices ( nitesd of twelve , it is now determined that they shall ZZ& here at three p- m , by the mail train . It is deafflBd by &e locd authorities that such an honr will L more eorapatible -with the honr of their lordships f- ^ Bg . It is f urther arranged that the caralry who ' ordered here from Wolverbampton shall be here ky an esjiier hour , so that their lordships' corporal existence —ay be put completely out of danger and ont of the ll ch of those Tile wretches , the Chartists . By-tbet . ^ 8 t ruly laughable scene was enacted here on laet notified teat nrij lA Si"PT ? , nTAT . n ( TMlV 1 TSSTrYNr
Tuesday . It •«•»» on uns -wees Messrs . vesi-B and ( Jlencoe CbnrchUI , the rerisiBg barristers , "; ~ 7 d ppgjj their courts . In consequence of this notifi-V < = eTeral Hiiddle or Email farmers attended . Their SLea ' -vas the signal for the immediate cry that the Swjiis were cominy . A general hubbub ensued . TTr po'ice -were on the look out—the magistrates were the'th " k « i and &n immediate attack upon our gaol ° L jj O ^ riy and momentarny expected . At leDgth the Jmjrbesr Tanished , upon fee poor honest fanners taking Sir nass and riding home , to the great annoyance of thefc ' ne bottles and their masters , while the people ZL > convey ! tatb . laughter at 'beholding the sad ffiappointmait rffte official ^ __ ___^ ncch and eTinced
There is curiosity anxiety respect-» n » tee trial of Mr . Eilis . 31 a friends may be quite XJt on one point , as it cannot possibly come on before ten days site * fi 04 " 1 ? oi liie ^ against him , which Zsn u a matter of course , take place . He will then te ^ ervei with a copy of the indictment , with a list ci the jury pacel , and the names t » f the witnesses , ane allowed ten aays to P ! ead - Messrs . Cooper and O"Veil are tie msn for whose safety the greatest IrixietT she-old be evinced ; for if convicted they will njost undoubtedly be made examples of . If they are tscrificedi the enemes c-f the people and of liberty Trijj achieve a signal and decided triumph . To avoid ? Mb dreadful result , it is absolutely necessary that isrse ample funds Ehould be forthwith supplied for * hX defence , ssd the defence of the other two hunared and forty-two prisoners . If these funds are not fortb eemfcg , the fate cf Messrs . Cooper , OTfeD , Ellis , and their uafortunate fellow-prisoners , is irrevocably I = a ] ed . And what a crime will not the country have to ^ er for if such ii . the case !
, __„_„ ., __ Stafjoed , Scsdat Night . —It is impossible for Englishmen to read with common patience the recital cf H-ocitiea that have within the last forty-eight hours been perpetrated against their liberties , and the glorious constoition which tfcsir ancestors purchased with their life ' s blood , But which a degenerate and bastard vKgsny have rot only abandoned , but basely outraged . Before I insult the English nation with this re-ToltiDg recital , I must be guilty of a digression by giving an ' account of yesterday ' s drama , as it was enaetcd here by the parties whose performance had been previously , fcy bills sad otherwise , announced for some days past . that two took in
I have already stated changes place the node in which the judges were to be conveyed Since then a third End final arrangement was adopted and acted upon . It was deemed infra dig ., and unworthy rf the representatives of her Majesty to be conveyed by either first class or mail trains ; therefore at the sagsestion of the Minister ' s faithful counsellor the G&oler . ' who is now swollen into the great personage of a Governor , it was ultimately decided that the- three minivers of tfee Executive should be conveyed from iorden to Stafford by a special train , at the enormous expense to a bankrupt country of at least £ 200 !! ! while their lordships could have been as safely and expedidoudy conveyed by the mail train for a sum not exceeding £ 10 Why and wherefore it may be asked , all this expense ? What purpose will it
serve ? What end will this flagitious reckless outlay of the public money effect ? It cannot further the objects of justice . It cannot strike terror into the minds of the people . It cannot add dignity or weight to the commission which those judges are sent to-exe * cute . No ! the only remit it can produce is , one general feeling of disgust , loathing , and hatred , throughout the country , especially where there are bo many millions in the land sinking into the grave from the watt of the commonest necessaries of life . Well , by the special train their Lordships arrived at half-past four , p-m . Mr . Britton , th 9 governor , having previously received a notification that they would be at the railway station at that hour , but that the high sheriff , mayor , and aldermen were to meet them at the same station at four o ' clock . This latter announcement
avoured a good deal ef a " bull ; " but it having been perpetrated by one of the lights of the notion , must , as a matter of conrse , be pardoned . Arrived at the station , theii Lordships were met by tha high sheriff , the under sheriff , the mayor , aud aldermen , the gaoler , the head turnkey , the rector in his pontificals , three policemen with large poles , and Mr . Superintendent Thomp son , looking big , and the javelin men , dressed in their iest . Before starting from the railway station , their Lordships were ushered into the ladies' room , where they pnt on the insignia of office , and then proceeded to the Ccurt-house , the trumpeter announced their arrival at the court Then the xisual ceremony of commanding silence , reading the Queen ' s writ , and all the ei ceieras for causing effect , were gone throngh . After ¦ which the csurt was adjourned .
Before the Jndges left the bench , Mr . Lee rose , and applied to have Mr . Arthur O'Neil admitted to ba . il The Chief Justice said he would hear the application in chambers . Upon their Lordships' return to chambers , Mr . Lee renewed his application , to which the Judges paid great attention , especially the Chief Justice , who repeatedly expressed his opinion of the hardship of keeping Mr . 0 ' 5 > "eil in prison , while he was prepared to put In eatifiictory bs . il . Mr . Lee said that his client wa 3 committed on the 29 th of August , by the Rev . Mr . Cartwright and Mr . Badger " for making and causing a great nnraber of persons to assemble and gather together to disturb the public peace at the parish of Rowley Regis . " . At that
time Mr . O'Xeil produced two responsible persons ao his bail , namely , Mr . Truman and Mr . Page . But in consequence of one of these gentlemen having taking a part in a Chartist meeting , and the other having signed a requisition for the use of the Town Hall for a similar meeting , these sureties were rejected . Two applications for a habtos corpus in his favour were UE ? cccesB fnlly made to Mr . Justice CresswelL A third application was made to the same Judge for a habeas on Friday , which bis Lordship granted . On that habeas Mr . O'Xeil appeared that day before their Lordships to be admitted on bail . Mr . Lee , in conclusion , dwelt very forcibly upon the hardship irflicted upon bis client in keeping him incarcerated , and thereby preventing him making that preparation for his trial , which he would otherwise haTe done .
Chief Justice Ti > dax and Mr . Baron Rolfe were of opinion that the application should be granted . Mr . Baron Pa ski differed with bis leaired brethren , as he was impressed with the convietion that once the commission opened they had no jurisdiction in the case , and could cot , therefore , take bail . Mr . HiBBKEJr , a Birmingham attorney , said that he appeared for the prosecution , and that he oppored the application both on account cf the politics cf the propesed bail , and in consequence of the little" inconvenience that would arise from Mr . O'Neil ' s being imprisoned for the few days that would intervene between his trial Chief Jtutiee Tindal said that politics had mthng whatever io do triih bail , the strnciESCT or ¦ which seottld AioNE be CONSIDERED . He conceived it a great hardship that Xt . O'Neil should , under the circumstances , be kept in prison . Mr . Baron Rolfe agreed With the Learned Chief Justice . Mr . BarGn Parke had no desire to irfiict unnecessary punishment upon the prisoner , but he was strongly ef opinion that they could sot take bail , as the aitizs had opened .
The Chief Justice called for-the Habeas Corpus Act , in the perusal of which be and his learned bretbi en were for half an hour attentively engaged ; after which , and with much seeming regret , the Judges deceided that they could not interfere . Mr . O'Kiel , who heard the decision with great calaiceES , vas immediately reccndac . ed ^ o his dungeon . It cs ^ rot be denied that their LordsbipB paid every attention to bis case , and their whole conduct as yet is lauded everywhere , and gives confidence that their jsdiments will be tempered with mercy .
The Solicitor-General , Mr . Sergeant Ludlow , Mr . Sergesnt Talfourd , Mr . Godson , Qceen ' s Counsel , Mr . Tdbot , and Mr . Maule , are here for the prosecution ,-ilr . Rober ts , frcm Bath , attends lor the prisoners generally , and , with few exceptions , is engaged by them . He is indefatigable in his preparations for their defence . Since bis arrival amongst the poor fellows they have become high-spirited , as before it they looked upon themselves as deserted . A curious souse occurred upon his first visit to the gsoL He told the turnkey that he wUhed to see Mr . Cooper , and that his name was Mi . Roberts . Turnkey—Oh , yes , you are Mr . Boberts . Why , the stymies here Eay that you are no attorney !! Mr . Roberts—Indeed ! do they say so ? I will give them an opportunity of proving it ; for I will act as an attorney , and for every act of mine as such they cm , if 1 am not an attorney , sue me for a penalty of £ 50 . . _
Turnkey—T > eai me ! that -will settle it ; but I assure \ yon that we are told that you are cot an attorney . I However , I »> ndl tell the Governor that you are here . And no sooner said than done . Old Cerberus , whose face is as red as a full moen , and who weighs about six- , teen stone good weight , scampered off to the Gaoler , —I beg bis _ pardon , " the Governor , " and made tfee communication . Upon which Mi . Roberts was » dmitted first to , see the Governor , "—and then the prisoners . On this meming , the JudgeB , Sbeuff , Lord Lieutenant , Mayor , Aldermen , &c , went I * eteteto Canst b read
Church . ' Th « usual prayers haTin * een , a prayer iras offered up for the Queen , Pnnw Albert , the Price of Wales , the Judgea , the Hi ^ Sheriff , the Mayor and AMermen , the Church and rtate , a nd ^ l chosen in-hiih fit&tion ; but not a « id » as introduced into that prajer about the poor of the land , who axe groaning beneath the most insupportable sufferings . They were left to pray for themselves . Prayers concluded , the Rev . W . E . Coldwell , MA . P «* cfced , taking for his text the 1 st and 2 nd verses cf Paul to Titos , chsp . iii ..- " Put them in aini to be subject to
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principalities and powers , to obey magistrates , to be ready to do every good work , to speak evil of no man , to ba no brawlers , bat gentle , showing all meetness unto all men . " He then launched into an empassioned phillippic against the prisoners and parties engaged in the late riots , denouncing their leaden and themselves as rebels , anarchists , deists , and infidels , who aimed at the destruction of the altar and the throne . He compared them to Voltaire , Paine , and Hume , against whom , forgetting the old principle which Christians as well as Heathens adopt and adhere to , de mortuis nit nisi bonum , he vomited the princiDalitlfis and Dowen . to obey magistrates , to ha
whole measure of bis bile . After giving his audience a quantum suf . of that unhappy tirade against the dead , he commenced , having for tbe moment lost sight of Puseyism , boasting of the wonderful advances that the Church had made within the last two years . As an antidote agiinst Chartism , he recommended a good supply of the needful to the church , and a plentiful distribution of bibles and prayer books He finally wound up his address by a side attack upon the Church of Rome . After this exhibition the Judges returned in procession-order to their lodgings , and thence , if report is accurate , they made their way to Earl Talbofs , where they had a good spread out .
The promised draeoon guards have arrived , and occupy the George , detachments are also stationed at Stone and PenBbridge , to protect all parties who may have to come here as witnesses . Every day fresh victims are brought to our gaol . Oa Saturday ten were brought in , handcuffed . Their appearance waa pitiable in the extreme , and even excited the compassion of the soldiers and turnkeys on duty at the prison . An application will be made to-morrow to allow Mr . O'Neil to traverse to next assizes . If that is not granted , he will not be tried before Wednesday , as his counsel will pray for a day to be appointed .
Moxdav . —Before ten o'clock this morning , the Court Honse , which is a large and most convenient structure , was crowded almost to suffocation , by individuals whose sympathy or curiosity had induced them k > attend the hearing of the trials of the prisoners . At ten o ' clock the Judges appointed to try the poor fellows entered the court Sir Nicholas Tindal , Chief Justice of the Common Pleas , presided , and was assisted by Mr . Baron Parke and Mr . Baron Rolfe . The proeeedinza have excited considerable interest in tbe town . The prisoners were brought 1 b companies , escorted by parties of the 3 rd Dragoons . There were a considerable number of ladies in attendance . On the Bench we observed the Earl Talbot , Lord-Lieutenant of the county ; the Earl of Dartmouth ; the High Sheriff , J . E . Piercy , Esq . ; the Mayor of Stafford , J . Rogers , Esq ., and several of the Magistrates of the county .
The grand panel having been called over , the following Noblemen and Gentlemen answered to their names , and were sworn on the Grand Jury .
Viscount I . vgestee , M . P ., Foreman . Viscount Sandon , M . P . H . J . Pye , Esq . Hon . E . R . Littleton . William Ley , Esq . E . Monctron , EBq ., H . Hordern , Esq . W . F . Chetwynde , Esq . Thomas Salt , Esq . H . Chetwynde , Esq . Thos . Cartwright , Esq . Francis Eld , Esq . J . O . Oldbam , Esq . Tbos . H . Parker , Esq . C . Coyne , Esq . Ed . Grove , Esq . Thos . Powis , Esq . H . H . Williamson , Esq . S . S- Bristowe . EEq . G . T . Whitegrave , Esq . C . S . Fcrster , E ? q . C . B . Adderley , Esq . Thos . Hartshorne , Esq . Her Majesty ' s most gracious proclamation having been read , Lord Chief Justice Tixdal delivered to the Grand Jury the following charge : —
" Gentlemen of this Grand Inquest , —It is with unfeigned regret that those who have been appointed under her Majesty ' s special commission to inquire into , and adjudicate upon , the numerous offences cemmitted within this county since the last assizes , are called upon to meet you , the grand jurors of tbe county , on the present occasion . It is at all times a painful and distressing occupation for the mind of the Judge to pursue the investigation of charges of guilt , and to apportion the just measure of punishment to be awarded against each individual offender ; and if this be the case in tbe comparatively few instances which occur in the ordinary administration of criminal justice at tha assizes , much mare is it so upon the present occasion , when the number of offenders is so large , the nature of the alleged offences so injurions to the welfare of society , and tbe offences have been committed , not by single individusls , or even small numbers of persona , but by large masses of the community impelled by one common motive , and labouring to effect one common object .
" Gentlemen , it is not our design , nor indeed have we sufficient information on the subject , if we proposed to do so , to trace , with any particularity , the origin or exact progress of those violations of the law which have taken place -within this county , and -which will Ehortly be brought under yeur consideration . It is fully sufficient for our present purpose to give a general outline ef those transactions , drawn from the depositions taken before the magistrates , the only legitimate source of information to -which we have had access . ' It appears that about the middle of the month of August last the workmen employed in many of the collieries , and also in many of the various manufactories established in this county , had become dissatisfied as ¦ well with , the Bmount of wages allowed by their
employers as in some instances with certain regulations under -which they were placed in the course of theii employment ; ani that for tbe purpose of cempelling their masters to allow them greater wages , and to alter the regulations by which they thought themselves aggrieved , they refused to continue to work at tbe VETicns employments in which they had been engaged ; that in a shor t time , not contented -with simply refusing to work , they proceeded , by threats , intimidation , and violence , to compel other workmen , who were willing te continue to work , to join the number of those who were discontented . It appears farther , that whilst large bodies of the workmen , perpetually increasing in number , were thus collected together in a state of idleness , and of consequence destitution , certain strangers , persons altogether unconnected with
them in interest , appeared amongst them , and by addresses made to them against the religion , the law , and the Government , excited them to a state of dissatisfaction with all the established institutions of the country , and laboured to persuade them to persist in their refusal to return to their employment , as the sure , and effectual , ai : d only means of redressing the evils by which they were oppressed , and of obtaining their just rights , called by the speakers the "People ' s Charter . " It appears that after such addresses bad been made , in some places tumult and disorder forthwith ensued amongst the assembled multitudes , to tbe great terror and alarm of tho quiet and peaceable par t of the csmmnnity , Id other places large bodies of the workmen , so collected together , proceeded to acts ef open violence and breaches of the law , in some instances against tbe persons of the subjects of the Queen , by feeating Borne , cutting and maiming and
robbing others , and sometimes aesinst their property Dy act of theft and plunder , by forcibly breaking into tbe dwelling-houses , by actual demolition or by fire , beginning with the houses of magistrates and other public functionaries , and soon caarying the work oiruin to the dwellings of private persons ; and it is impossible to foresee to what extent tbe rapine and devastation of a lawless and misguided mob would have proceeded in tbe land , if it had not been met and countervailed by tbe zeal , activity , snd firmness of the magistracy of the county , aided fey the unwearied exertions and courage of the military and yeomanry , who lent their effectual assistance , when called upon for that purpose , in repressing violence and disorder , and in giving security to the lives and property of their fellow-subjects , by whose combined efforts the work of farther destruction was suspended , the fearful and ominus results which EC * med to impend were averted from the county , and the law was restored to its jnst supremacy .
" Gentlemen , it has already been intimated that we conceive it to be no part of our province on this occasion to discuss the justice of the complaints made by the -workmen against their employers , or to decide on the merits of the dispute existing between them . Neither is it part of our duty to show by argument that the course pursued by parties who thought themselves aggrieved was of all others tbe least calculated to accomplish—on the contrary , perhaps , the most likely to defeat the very object which they wished to attain . Nor , again , are we called upon to suggest or to discuss any remedies^—which may be provided by law for tbe
• Dsevention of similar mischief , if , unfortunately , at any future time , the same ground of dispute should arise between masters and workmen—a discussion which is better fitted for a legislative assembly than for tbe members cf this tribunal , to whom the only duty allotted is that of declaring the Jaw as it stands at present Our direct and more useful course will , therefore , be to endeavour to expennd the law as it applies itself to the several cases arising out of these unhappy transactions , upon which you will bs required to exercise your judgments , in order that you may arrive at a just conclusion whether sufficient appears in each individual case to call upon the parties accused to appear before & jury of the
country , " And the first observation that arises is , that if the workmen of the several collieries and manufactorier , who complained that the wages which they received were inadequate to the valne of thtir services , had assembled themselves peaceably together for the purpose of consulting upon and determining the rate cf wages or prices -which the persons present at the meeting should require for their work , and had entered into an agreement amongst themselves for the purpose of fixing such rate , they would have done no more than the law allowed . A combination for tost purpose , and
to that extent ( if indeed it is to be called by that name ) is no mon than is recognized as legal by tbe statute 6 Geo IV . ; by which statute also exactly the same right of combination , to tbe same extent , and no further , is given to the masters when met together , if they are of opinion , the rate of -wages is too high . In the case supposed—that is , a dispute between the masters snd the workmen as to the proper amount cf wages to be given—it was probatly thought by tha Legislature , that if the woikmen on the one past refused to work , or tbe masters , en the other , refused to employ , as such a state cf things could not continue long , it mif ht fairly be expected that the party mcxt ultimately give
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way whose pretensions were not founded in reason and justice—the masters if they offered too little , the workmen if they demanded too much . " Bnt , unfortunately for themselves and others , those who were discontented did not rest here . Not satisfied with the exercise of their own right to withhold their own labcor , if they were discontented with the price they received for it , they assumed tbe power of interfering with the right which others possessed—of exercising their discretion upon the same point ; and accordingly you will have nnmerons cases laid before you in which large bodies of dissatisfied workmen interfered , by personal violence , and by threats of intimidation , to compel others , who were perfectly willing to continne to labour in their callings at the rate of wages then paid , to desist from their work , to leave the mine or manufactory , and againsfc their own will to add themselves to the numbere of the discontented pwty ; than which wm « n «><> r .. ; , » .. _„ > . > j . j _
a more glaring act of tyranny and despotism by one set ot men orer theii fellows cannot be conceived . If there is one right which , beyond all others , the labourer ought to be able to call his own , It is the right of the exertion of his own personal strength and skill , in the full enjoyment of hia own free will , altogether unshackled by tbe control or the dictates of his fellow-workmen ; yet , strange to say , this very right , which the discontented workman claims for himself to its fullest extent , he does , by a blind perversity and unaccountable selfishness , entirely refuse to bis fellows who differ in opinion from himself . It Is unnecessary to say , that a course of proceeding so utterly unreasonable in itself , bo injurious to society , so detrimental to the interests of trade , and so oppressive against the rights of the poor man , must be a gross and flagrant violation of tbe law , and must be put down , when the guilt is established , by a proper measure of punishment .
" Bnt , even without any evidence that combination is the object or purpose of the meeting , if a large body of the people assemble themselves together for the parpose of obtaining any particular end , and conduct themselves in a turbulent manner , either accompanied with acts of violence , or with threats and Intimidation calculated to excite the terror and alarm of the Qaeen ' s subjict 3 , that is in itself a riot , whether the end and object pr oposed be a just and legitimate one or not If , therefore , bills should be brought before you charging individuals with riot , for the purpose of raising the rate of wages , and tbe evidence should show the conduct of the parties to have been of the description just aderted to , the offence of riot is complete in point of law .
" Gentlemen , there is another description of offence which will probably be submitted to your consideration —namely , tbe exciting and encouraging large masses of the people by means of seditious and inflammatory speeches to commit acts of violence and to break the peace . If such charges are brought forward it must be left to your own good sense to distinguish between an honest declaration of the speaker ' opinion upon the political subjects on which he treats—a free discussion on matters that concern the public , as to which full allowance should be made fer the zsal of the speakel * , though be may somewhat exceed the just bounds of moderation ; and , on the other band , a wicked design by inflammatory statements and CTaUy and subtle arguments , to poison the minds of the bearers , and render them the instruments of mischief . He that addresses himself to a crowded auditory of the
poorer class , without employment or occupation , and brooding at the time over their wrongs , whether real or imaginary , will not want hearers ready to believe , and apt followers of mischievous advice . You will consider , therefore , the language that is employed on such an occasion ; if it consists of broad and bold assertion , unfounded in fact ; if , in discussing religious topics , you find the speaker endeavouring to be sprightly and facetious on those snbjects which make wise and good men seriona ; if , instead of aigument , ho deals only in sneers and sarcasm , it will b 3 for yourselves to say whether , under each circumstances , the party charged with tbe offence is an honest but mistaken man , or whether he is wickedly intending to bring the religion , laws , and Government of the country into contempt , and to teach the hearers to despise all those institutions which it is their dnty to hold in respect and veneration .
" Gentlemen , it has been already stated , that in the multiplicity cf charges which spring out of the transactions above adverted to , some will appear for assaults ; some for the felonious offence of cutting and maiming with intent to do some grievous bodily harm ; some fur robbery by violence and force ; some for theft ; soiaa for breaking into the dwelling-house by night or by day ; some for a riotous assembling , and beginning to demolish , or actually demolishing , the dwelling-houses of magistrates and clergymen , the offices connected witb the police establishments , and the private houses of individuals ; some charges also for effecting similar works of destruction by means of fire . But it would be tedious , and , at the same time , altogether unnecessary , to
enlarge upon the law by which those offences are regulated , more especially to gentlemen so well experienced as yourselves in the ordinary business of the assizes One observation only shall is made which relates to every specieB of offence committed by several acting in concert and company together , —namely , that if many are present at the time when the breach of the law takes place , having one common design in view , and acting with common consent , although they do not all take share in the performance of the very act which is the subject of tbe indictment , yet by affording countenance , encouragement , and protection to the persons who actually perpetrate the crime , they are all equally guilty in the eye of the law .
"But there is one case in the calendar to which , for the purpose of avoiding any interruption in the general view of the transactions which have taken place in this county , I have not yet adverted—I mean tbe case of one Willism Ellis , who has been committed by the magistrates on a charge of high treason ; and as we are not aware whether bills of indictment may not possibly be presented against that person , and perhaps others also who appear upon the depositions to stand in the same predicament for tbe offence of high treason , it becomes necessary that the principles of tbe law , so far it relates to the species of treason upon which the charge , if preferred , will probably be founded , should be laid before yen with sufficient precision to enable you to determine whether the accusation is so fox established that the parties accused ought to be put upon their trial for that offence .
" Gentlemen , the precise species of high treason upon which tbe charge , if made , must rest , is either that of levying war against Her Majesty in Her realm , under the statute of Edward III ., or that for which Ellis was committed , —viz ., " the compassing and intending to levy war against the Queen within her realm , in order by force or constraint to compel her to change her measures or counsels ; " which latter offence was first made substantive treason by the more recent statute 36 th George III ., c . TT , made perpetual by a subsequent act - " Gentlemen , you are well aware that , at least as early as the statute 25 th Edward III ., and thence down to the present time , the bare compassing or imagining the death of tbe Sovereign , when proved by any open or overt act , has amounted to high treason . For ,
where the life or personal safety of Ihe Sovereign is concerned , so precious has it always been held in tbe eye of tbe law , that the bare intention or imagination of the heart to put it in jeopardy , although no injurious consequences follow from such intention , when proved by an overt act , has , of itself , and alone , constituted tbe treason . By that statute also , the levying of war within the realm , when proved t > y an overt act , is made a distinct and substantive species of treason . But the mere " compassing" or " intending to levy war , " that is , the mere purpose or design of the mind or will to commit that crime , was never made a specific treason until the statute 36 th George III ., c . 7 , and then only " where such compassing or intention is expr essed , uttered , or declared , by publishing any printing or writing , or by any overt act or deed . '
" Now , the only or principal evidence of treason stated in the depositiens is the uttering of violent and itflammatory speachea to the assembled multitude . But it ia to bs observed , that the mere speaking and uttering of words , considered by itself , and abstractedly , and without reference or connexion with any act or design , however wicked and atrocious those words may be , is not an act of treason . The Judges , on a reference made to them in the 4 th year of Charles I ., upon tbe snrject of words spoken by one Pyne , certified unanimously , ' that though the words were as wicked as might be , yet they were no treason , for unless it be by
some particular statute , no words will be treason . ' On the other hand , however , where words are uttered and spoken with reference to any treasonable plan or design already laid , ar . d in the contemplation of the epeaker , if they are worus of exhortation ot enceuragement to carry into effect such plan or design , euch speaking and tittering of words is strictly and properly an overt act of treason , being the means made use of to effect tbe treasonable purpose ; although , even in that case , the more precise and accurate mode of expression weuld Beem to be , that the plan or design is the treason , and the words of encouragement and encitement are evidence of the existence of it .
" It will bs for you , therefore , ta say , supposing no farther evidence is given than that of -words ntteced , supposing there is no proof laid before you of any existing plan to subvert the authority of the Queen , toe established order of government , or the laws of tbe land , —whether , from the mere speaking and uttering of tho wot 4 b by the party charged with treason , you can feel yourselves authorised to infer that at the tune the words were uttered there did not exist a deliberate design in the mind of the speaker to effect any of those wicked purposes , and that Uia speech , waa made by him to indnce the bearers to take up arms , or to use de
force and violence for the purpose of carrying euch - sign into effect ; you most determine for yoursewa whether such is the safe conclusion at which you eaa arrive upon . such , evidence alone , or whether the w . < ur .. a are not rather to be considered aa the prodnctioa - # f a heated and distempered mind , thrown out * fc the moment rashly and hastily— -words , indeed , " aa . « cked as might be , " as was said in Pyne ' scasa , Wx words spoken witheut reference to any formed design or settled purpose in the heart o ? the spacer . la the latter mode of viewing them they would not constitute an act of treason , bat be punishable , as a high misde meanour only .
" Gentlemen , I cannot close \ he observations which I have thought it right to submit to you without expressing the eimest hope ' jf my brethren and myself , that tbe B ( lBimistiB , tio 5 ot criminal justice under the
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commissions which hare bean specially Issued into this connty , and into others where similar endrmities hare taken place , may have the wholesome effect of teaching all who need soch warning , first , that in this country the punishment of crime wiU follow the commission of twitha pioasosure , so steady , and so speedy , that he guilty cm hara no chance of escaping ; and eoondly , tho more important IessgjyfJi » t whatever attempts may be made by dlscpntentaflajarsons to subvert the Government , the Iawa , or tbe ' refigien of their conntry , and to establish a new tinier of things ' -in thefr stead , taey will find the Jaw of the land too strong for them ; and that tha hones * part of tho community , toe lovers of peace and order , will at all times unite themselves with the established authorities or the Government to render their attempts futUe and abortiveand to put __ . . . .
, down such evildoers with a strong hand ; and I would , m conolusion , further suggest that the effectual , and only effectual , method ef counteracting the attempts ef wicked and designing men to undermine tbe principles of the lower classes , and to render them discontented with the established institutions of their ° ? JJ ' t . Effusion of sound religious knowledge ( m which there can be no excess ) amongst those classes who are the most exposed to their attempts , iandthe educating their children iu the fear ot God , so that all may be taught that obedience to the law of the land and te the Government of the country is due , not as a matter of compulsion , but of principle ' and conscience . Gantlemen , her Majesty's Judges will be happy to render you any assistance in the fdrformance of your duty , if any difficulty should srise . ^ ' "
Tae counsel reUlnad . for the Crown are Sir W Follett jSolicitor-Genera !) Mr . Sergeant Ludlow , Mr . Sergeant Talfourd , Mr . Gadson . Mr . Waddingtou , ( aud Mr . Talbot Mr . Sergeant Murphy ia retained for the defence . The unavoidable absence of Mr OConnor is greatly regretted . His presence would cheer up the poor prisoners . Mr . Roberts is in town , and is Indefatigable in getting up the defences . : .: ¦ .. . n . « th 9 time Of writlDS there are eight bills before m ? V ^ V * y > but' not M X * t brought into court . The bill for treason against Mr . Ellis has not yet been presented . The first case to be tried ' will-6 s that against tho men charged with setting fire to Dr . Vale ' s house at Hanley . [ In reference to the ' Judge ' s Charge" given abeve , the Evening Star of Tuesday has the following juat and appropriate commentary . It is well worthy attention : —
" The charge of Chief Justice Tindal to tfie Grand Jury is what we expected from him , clear , cahn ; and lawyer-like , but filled with that general kind of censure and sweeping denunciation , in which it is the custom of Judges to deal against all , who are even suspected of having violated tbe law . There Is none 6 t that nice discrimination of circumstances , noneof that extenuation arising from the peculiar facts , which would have been urged by a man of the world and the world's .. experience , but which can seldom be obtained from the mere lawyer . We must protest against the facts a 3
stated by his Lordship from the depositions , and whiah wouldjlead to the belief , that until th ? -. Chartists came amen ? the workmen , who had struck for wages , there were no riots , and that to the Charter mast they be attributed . In the first place , as all tbe working classes are Chartists , the influence of their politics was present at the time of the strike , and did not commence afterwards ; secondly , the outbreak never did assume a political aspect , but was throughout the struggle of workmen for just wages , though of courso their political opinions could not be altogether silent at such a time .
" His Lordship having then stated that workmen or masters may assemble peaceably together , and agree among tbemselvea on the rate of wages , for which they will be employed , or employ , and having distinguished between inflammatory speeches made by honest , if mistaken , men , and those made by men whose design is to subvert the Government , next proceedB to the case of William Ellis , and dilates on the law of high treason . He shows that by stat .. 25 Edward IlL , an overt or open act of treason was necessary to constitute the offence , but that the m « re " compassing" " intending to levy war against the Sovereign , " that is , the mere purpose or design of the mind , or will to commit that crime , was never made treason until the vile and unconstitutional statute or 36 Geo . III . o . 7 , was passed . However , by this act , * such compassing or intention must be expressed by publishing some printing , or writing , or by some overt act or deed . '
" Now Ellis is eharged only with uttering violent speeches ; and words do not amount to treason , either at common , or by statute , law . " In the fourth year of Charles' the First , the Judges cer tified unanimously , that "though the words were as wicked as might be , yet they were no treason , for unless it be by s » me particular statute , no words will be treason J" There is no statute declaring them to be ao ; and therefore we must protest also against the law of Chief Justice Tindal , when he endeavours to draw the subtle distinction ( which , he takes from Foster ' s Pleas of
tno Crown , p . 200 ) , that -words exhorting to carry out a treasonable design amount to an overt act of treason . What authority is there for this ? None . What against it ? Roason—justice ; tbe above unanimous opinion of the Judges , who made no such distinction ! By their test we try it ; there is no statute making words treason ! If there were , we had better go back to the reign of Edward IV ., when one man was executed for saying he would make his son ' heir to the Crown , ' being the sign of the house in which he lived ; and another , whose favourite buck the King had killed , for wishing it , horns and all , in ( he King ' s belly !
" ' Words , ' says Blackstone ( vol . 4 , p . 80 ) ' may be spoken in heat , without any intention , or bo mistaken , perverted , or misremembered by the hearers ; their meaning depends always on their connexion with other words and things ; they may signify differently , even according to tho tone of voice -with which they are delivered ; and sometimes silence itself is more expressive th » n any discourse . As therefore there am be nothing more equivocal and ambiguous than words , it would indeed be UNREASONABLE to make them amount to high treason . ' " Such is tbe opinion of the great commentator on the laws of England ; and being ' unreasonable it is illegal ; ' for we are told 'law is the perfection of reason , ' and ' the law only recognises what is accordant with reason . ' In this age we cannot , we must not , allow any new " constructive treason" to be invented by any man , be he Judge or King ; for , as it has been truly said by Montesquieu , tbe crime of high treason being unascertained , is alone sufficient to make any Government degenerate into arbitrary power . " ]
The Lord Chief JusticeTindall , Mr . Baron Parke , and Mr . Baron Rolfe , took their seats intheiVui Prius Court a little before two o ' olockj when the Grand Jury returned several bills .
BURNING OF THK REV . DR . VALE'S HOUSE . The Petty Jury panel having been called over , and the Jury empannelled , the following prisoners were placed at the bar : — John Harris , Richard Wright , George Colclough , John Williams , James Saunders , Join Whiston , Hamlet Jackeonj Thomas Wagstaff , James Millington , 'Joseph Saunders , Sampson Whitehouse , Thos . Cotton , Samuel Heaton , William Shaw , William Bradbury , Richard Edge , Josiah Gilbert , William Cartledge , Thomas Banks , John Owen , John Powell , William Hollins , Thomas JackKon , Edward Smith , Henry Dimmook , Joseph Loft , James Hurst , Joshua Hurst , and Jabez Phillips , were indicted for riotously and tumultuously assembling on the 15 th of August last , and beginning to demolish the dwelling-house of the Rev . Benjamin Vale , of Longton , in the parish of Stoke-upon-Trent .
Most of the prisoners were young men , and some of them mere boys—they completely filled the dock , and some of them were placed behind the bar in front of the ) dock . John Williams , a respcotablelooking man , with one leg and a crutch , -was , on tbe application of his Counsel , accommodated witb a chair . The prisoners severally pleaded Not G uilty . The Solicitor General , Mr . Serjeant Ludlow , Mr . Serjeant Talfourd , Mr . Goddon , Queen ' s Counsel , Mr . Warrington , and Mr . . Talbo ' , appeared as counsel for tho Crown . The prisoner Winston was defended by Mr . Price . Mr . F . V . Lee represented Toft , Smith and Phillips . Mr . J . Ieteyard appeared for Shaw , Jackson , and Dimmr , cfc . Mr . Allen was counsel for Cartlidge , Edge , Hj > rr jg j Millington , and ( with Mr . Neale ) for Willia / jis ; and Wright and Jackson were defended by ? £ r . Huddlestone . The other prisoners had not the assistance of counsel .
The Soliciiou-Generaj _ , opened the case to the jury , recapitulating the leading features of the late riots in the Staffofdshir' j district , and then detailing the circumstances of t lie attack upon the Rev . Dr . Vale ' s house on the ' i 5 th of August . The Learned Gentleman then ref erred at some length to the law as it bore upon the indictmeat preferred against the prisoners , ail of V J 0 m he stated would be identified by the witnesser , he 6 hould call before them , and it would be for th / ; m to say whether the prisoners were guilty of the offence charged against them . He prayed of the jury to dismiss from their miuds everything they had heard outside that court , and to connne tby Jingeives strictly to the evidence which should be iaid before them . Ihe f ollowing witnesses were then examined : —
Mrs . Mary Anne Vale deposed that she was the wife ' Of the Rev . Benjamin Vale , of Longton . On the W "* . August she saw a mob approaching the house , an- d immediately proceeded to close the shutters . ' no mob , however , reached the house before she was able to do so . She was greatly alarmed , her husband not being at home . They demanded money and drink , whioh at first she refused , but she afterwards gave them her purse , containing 5 s . or 6 s ., and desired the servant to give them some drink . They proceeded to the study , snd commenced destroying and burning the books and furniture . Some of them then went up stairs and set fire to several of the rooms ; others followed the servant to the cellar with a sheet , which they set on fire , and they commenced drinking whiskey . Witness fled as soou aa she saw the whole honse in flames , and took refuge in an adjoining cottage , when Jabez Phillips , one of theprisbners , caine up , and said , 'VThey were going to London to burn , and bring all things to their proper leveL'V The witness then proceeded to detail tho seYeral facts
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connected with the destruction of the properly , and which have been already published in detail in all the public prints . The Rev . Benjamin Vale was then called and examined . He stated that he was absent from the vicarage when it waa attacked by the mob . On h : s return he saw the house surrounded by a large mob , and tho furniture and building in flames . He was prevented by a friend from going into his honse . . ¦ Sarah Turner , servant to the Rev . Mr . Vale , corroborated the evidence of Mr . Vale as to the conduct of the mob , and the destruction of the property . The gardener of the Rov . Mr , Vale identified Shaw and Bradbury , Phillips , Williams , and Whi 3 ton , a 3 being actively engaged iu the demolition of the bouse and furniture . ' . ¦ "
After the examination of one or two other witnesses , who spoke chiefly as to the identity of the parties engaged in the destruction of the properly , The Court , finding that a large number of witnesses were still to bo examined , adjourned the proceedings at a quarter past six o ' clock , and the jury were given in charge to three constables , and locked up for the night in the Sun Inn . The court was extremely crowded during the day ...: : ¦ ¦ ... ¦ :. ¦ . ¦ - ¦ ¦; . ¦
TUESDAY , Oct . 4 th . The court was opened this morning at half-past eight o ' clock , and shortly afterwards tha three Judges entered the court , and took their seats on the bench . The prisoners having been again placed at the bar , and the jury . called over , James Baugh was called and examined by Mr . TALBOlt-1 live at Longton . I recollect the 15 th of AuguBt , ' when the fire took place at Mr . Yale ' s house . I went with the engine , and the house was thon burning . I saw several men about the house , and knew John Harris , one of the parsons , who was very dcunk . and was pulling the door down . It was a , passage door ., . : Cross-examined by Mr . Allen—The engine came at foulro' * cloefc , and tho house was then all on fire . There were five or six other persons in the room where Harris was . I had never seen Harris before . He had a staff in his hard which seemed like part of
a chair . I pulled Harris dear ons of the house . I said ifc waa very simple of him to be doing that , and pulled him out . I told him he was very drunk . I saw him an hour , and a half afterwards among tho other prisoners . There were about twenty others . On the Wednesday I went before the magistrates and pointed out Harris . There were twenty or thirty persons accompanied me with the engine . Re-examination by the Solicitor-General—I was asked by Mr . Hewitt to go up and assist in patting out the fire . Sereral persons refused to go , as they feared they would get into trouble ; and he offered them five sovereigns if they would go . There was a number of men in the other rooms , but there was so mush sin 6 ke I could not see what they we-re doing . While they were putting out the lire the soldiers cam 9 up . I have no doubt whatever that the prisoner is the man I saw at the fire .
George Bailley examined by the Solicitor General—I am a bricklayer of Longton . I recollect the 15 th of August , and followed the mob on that day when they attacked Dr . Vale ' s house . When 1 saw the house on fire , I went to fetch the engine , and helped to work it and put out the fire . I saw Richard Wright , Win . Cartled /? o , John Williams , and Joshua Hurst among the mob when I oame up with the engine . Williams came to stop us from working the engine . He first sat his foot on tho hose , and then he borrowed a knife from Cartledge to cut the hose , but he was taken into custody before he could do it
by Mr . Richard Cyples . I afterwards went into the house with the hose . I eaw Hurst in one of the upper rooms throwing ont the furniture to tho mob to break up . I spoke to him , and asked him what he was doing , but he made no answer . He and the others in the room continued to broxk up the furniture and throw it out . I saw Wright put a bed upon the fire in front of the house I had known him before . I also saw Joseph Whiston , who was known by the name of Joco . I saw him take a piano and put it on tho fire . He said the Lord was at his sido , and the flames would not hnrt him .
Cros 3 examined by Mr . Nealb—I first saw tne mob at Stoke about eleven in the morning . I saw them at Lanc-ond about ciio , and was at the rectory with them also . I have always given the samo account of the transaction as now . I went before tho magistrates on the Thursday or Friday following . Mr . Neale requested the depositions of the witnesses to be read ; aud it appeared that at tho examination before the magistrates there was no mention of the piano . Tho Solicitor-General said thore was another deposition made by the witness . Wright or Whiston were not in custody when the one first read had been made . He requested that the other dopositions should be produced and read .
Mr . Neale objected , as also did Mr . Huddleston on tho part of Wright . The Solicitor-General said if the counsel for the defence interfered with the interests of the several persons he could not help it . He contended that he had a perfect right to call for the second depositions . The Court decided in favour ef the Crown , and the depositions having been read by Mr . Bellamy it appeared that they did not contain many of the statements given in his evidence before the court . Tho witness said he had stated these facts before the magistrates , although they had not been put down . In answer to Sir . Neale , he said he was aware that a reward of £ 50 had been offered for the
production of evidence , but he had given his evidence before the magistrates previously to the appearance of the proclamation . Cross-examined by Mr . Hoddleston—Was present when the drink was given to the mob , but did not tasto any himself . The witness underwent a long cross-examination , but nothing material was elicited . John Burges 3 , examined by Mr . Ssrgeant Lvdlow —I live at Longton , and saw tho destruction of the property of the Rev . Mr . Vale . I saw Richard Wright among the mob . At that time there was a fire in front of the house , and I saw Wright put a
bed , which was thrown out of the front window , on the fire . I saw him apply fire to a pile of broken furniture in a back room of the house . I believe it was that whioh set fire to the house . I saw him half an hour afterwards intoxicated , but he was not so when he set fire to the furniture . I saw Williams among the mob before the engine came up , but he was doing nothing . He was looking on like myself . There were , perhaps , four or five hundred persons present . By Mr . Huddleston—I am no business . I first saw the mob at one o ' clock coming up Marketstreet , Longton . They began breaking the windows of the market-hense shortly afterwards .
Broadhurst Harding , examined by Mr . Sergeant Talfouud—I am a constable of Longton . Lknow the prisoner Richard Wright ; he is a neighbour of mine , and I saw him carried homo drunk on a , neigh- j hour ' s back , the day of tho attack on Dr . Vale ' s house . On the 19 th of August I apprehended him about eight miles from Longton , on the north of Limekiln-bank . Thomas Hughes , examined by Mr . Godson . —I am a cabinet-maker , of Longton . I saw Harris tho riay of the riot destroying the furniture at the Rev . Mr . Vale's . He was breaking tho furnitare with a crowbar . 1 saw him bringing fire from the kitchen , and applying it to the broken furniture . I could not be mistaken in his person , as I saw . him 'frequently for about two hours . He spoke to me once , and said , " How do you liko the fun V He said he was a stranger from Manchester , and should never want
. .. The witness was cross-examined at some length aB to his having said that Dr . Vale was served right , as he got all his furniture from London , bat ho denied it positively ; he had only remarked that the furniture was London-made , and was very good ; , James Hulmo , a porter , at Longton , saw tbe mob at the Market-hall , and afterwards at Dr . Vale ' s . When ho got there they were destroying the property . Saw Williams , the man with the crutch , throwing furniture on the fire . Saw Harris pulling do-wn a door . Saw Whitehouse with one of Dr . Vale ' s night-caps on his head . Wm . Mitoham , a provision dealer , of Wigton , was at hisown door tho day of the fire , and saw tte mob pass . Oae bad a pistol , another had a cutlass , and others had thick sticks . Wm . Cartledge was ono of the mob , and I heard him eay , " he would make work for glsziers and joiners . "
W . Dawes , a surgeon , of Wigton , went the same day to Dr . Vale ' s about four o'clock . Ho exerted himself to procure an engine , and got several persons of the town to go with it . Was there when the military arrived , and saw several persons taken into custodj . The fire was extinguished about dusk . James Rawbottom , a glazier , of Wigton , was at the vicarage after tho fire was extinguished . Ic was full of people , and on entering he met Thomas Banks About twelve in the morniDg the mob jvere at Glover ' s brewery , and demanded that the gates should be . opened , and that they should have some beer . They said they would make Glover open the gates , and one man got over and opened them . They said they did not want money , meat , or dnnk , but fire-arms . Banks was then present . When witness met Banks in the evening at Dr . Vale ' s he had some caps and about 2 Ibsofham in his bosom . Witness said he was the man he wanted , as he had seen him in the moraine , and then he gave him into the
custody of the military . Joseph Malkin , a confectioner of Longton , was at Dr . Vale ' s about fonr o ' clock , and saw the prisoner Wagataff putting part of a bed through the window . He then broke tbe'frameof the nab . The house was then on fire . Ateo « wr Banks there , and took caps , ' sSwaSfawB-Bsasffiss aadDr , Vate . ]
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_ John Astbury was at the fire , and saw George Coiclough throwing some of the furniture into one of the windows of the kitchen . Reuben Greatbatch , a newspaperreporter . followcd the snob on tho } Sth of August , and got to Dr . Vale ' s house shout shrin o'clock . There was a fire then ia front of tho ho ' use . I saw Colclough throwing quantities of furniture into tho kitchen , where a fira war * burning . The furniture was first thrown out of the upper windows . There were at least thirty or forty persons in different parts of the house , breaking and throwing out furniture . George Barker was at Dr . Vale ' s house the day the fire took place . The mob were , breaking the windows . Saw Wheelton put some bed linrn od the
fire outside the house . Ha then put some furniture on the fire . He-said , " It was the Lord ' s work , and the Lord ' s doing . " . George Ryies , superintendent of polfce at Burslem , had a warrant for the apprehension of Gorge Colclough , but could not find him . He was subsequentlyarrested at Newcasde-upon-Tyne . John Green , a potter , of Lougton , identified Whoalton as having bean tho . party who lighted the tiro on the lawn . . He brought a lighted caper from the knehen , and . he . then bi-oko B , small " boxes and put them over it , and vrent on his knees to blow it He said , " The Lord was with him , and the Lord helped him . " ,. Could noi recoiled his dress , but he had aa apron iu front of his dress , ' which fell down two or three times , and that made witness ¦ ¦¦
remark it . . - '' STAFFORD , Wednesday Morning . The work is gbin ? on as I predicted . Tbe Gr . ind Jury are doing their duiy , and bringing down b-iie of indiuUnenta in loada , to the great gratification of those whose interest it is that such things should be done swimmingly . The people are , ; ho waver , tasgtit by this wholesale business , that their masters wiU , if possible , force them to obey their mandates , nn : l if they < tare to ob « y their mandates , ' will make them ft el tha tfi '<; ct 3 of the power which , tb . 8 co 7 i $ tilulioh of this gnat , free and glorious nation has conferred upon them . This I believe th 8 peopla ftel , and feeling , it , have marie up their | mlnds as to how thay shall act , aud wlut course thsy shall pursue .
The trial of the twenty-nine unfortunate wretched men and boys , foi- tha burning of the Raverend Mr Vale's house , is likely to pceupy two days longer . As a mattsr of . course , a number of witnesses havo bsen found to identify them by the colour of their jackets , and that of Heir neckerchiefs , as being concerned in the Bra . The evidence w so much of a piece that it is almost useless to go over the whole of it , as the Crown has so admirably arranged the prosecution that of the forty or fifty -witnesses who have appeared in its support , they all ; agreed upon the main statements made by them . There is one fact which stamps with its proper weight the credibility of some of thosa witnesses—it is their denial of the slightest knowledge of a proclamation having bee : i issued , offering a reward of £ 50 to these who give evidence against the prisoners .
One fellow , named Cope , who guve evidence , so insulted the couuael for tha defence , by his laughing , that he was compelled to appeal to the Beech to keep him -within the bounds of decorum . This fellow actually refused to state within a week , hovrlong he had b : on in Stafford . before the trial . At length he acknowledged that he had been for a fortnight in the gaol to whioh he was brought to identify -whom he could . Another fellow , upon being asked fcoiv he gained his lvvBlihoocl , replied in a most insolr-nt manner that he gained it . by eating and drinking . Tia Bench had also to restrain this fellow ' s audacity .
George Barlow , a fellow who gave his evidence offhanded against the boy , James Militagtbn , aged 17 , acknowledged that he had been twice in custody for highway robbery—once for stealing a tambourin- - -, and at another time for thimble-rigging and chitting at that game . This pure character positively swore that he had not taeiwd that the £ 50 rewards had been offered by the Government for detecting and prosecuting rioters . He had been most innocently engaged for nearly an hour in visiting the several rco ! j ) 3 of the Rev . Dr . Vale . Eaoch Maher , who gave evidence against Loft , a lad fuly twenty years ot age , had been chnived with attacking the police staUou at Stoke . He was subsequently released , and . admitted as evidence ai'ft'fwt tbrf other
He at first said that he had not b <; fn out of worl" . He then acknowledged that he had no employment for a fortnight before . the fire , and that he had all Lis goods packed for starting to America sineo June . Hia house waa bearched , when some fringe was found in it . This fellow , whoae effrontery in the witness-box disgusted every one , had been , it appeared , for iivo hours arid a ha' f traversing ¦ the several rooms of the Rev . ilr . Vale's house while they were on ji , e . Sampson WhitehouEe cross-examined this fellow at great length , and with great ingenuity ,. to prove that he had been charged with firing the Rev . Mr . AtHn ' s housti ; that he was called by the police a very useful mid handy man , and that he was to have bis liberty if ho gave evidence against others .
Richard Bailey was the next distingnished character who figured in > the witness-box . Ho gave evidence agaiEsfc Joseph Hunter . This fellow stated that he had been twice in -prison for robbery . For tho first , robbery he suffered fourteen days , an : l for the second two months * imprisonment . He was told thai he would be taken unless lie went and told something about somebody else , and thai if he did so , li £ would be pardoned . It is impossible to read t ^ is latter evidence without feelings of horror , disgust , and indignation , it is not suffi cieut to put into the witness-box one fellow who had baen charged- -with the high-way ami other rubbettea , but another follow who had liko wise suffered for bte
robberies , is not only allowed to pollute that pla-o which hitherto E . iglishniGn have been taught to respect with a veneration the meat sacred , and which they hitherto approached with awe nnd trembling ; but this fellow is actually coaxed into it under a pvpmiso of a free pardon for his crimes , if ho gave evidence agaiDsfc others . Not only that , bufc he w& 3 threatened witb being placed ia the dock , unless he did so . Thtavcminds the people of the glorious days of Oringe ascendancy in Ireland , when the wretched peasant waa flogged at tha triangle until his pains and excruciating tortures forced him to declare that A , B , cr O weia rebels , and who , as rebels , and _ upon aucL evidence , were sent todangle from a gibbet .
Ia the case , of James Hurst , there was an occurrence which calls for tbe most gsneral aud most unqualified reprobation . ThiB child , who is oaly twelve years of age , could not be identified by . the -witness adduced againsfc him . The latter , in order to aseict him in the identification , was brought from tho witnessbox to the table near the dock . Even then he could not identify the obild . What then was done ? WUI —nay , can— Englishmen believe it !! The child Hurst was actually inarehed to the front of the dock , and close to tho witness . And then the witaess swore to the poor , child . After this specimen of tha evidence against the hapless accused , \ t cannot be denied that tho police have raked up the fllthibut purlieus of vice and crime to get up witnesses fos the particular
purpose On to-morrow , the prisoners will ents-r upon their defence , w . . it . is expected that tn&y will shatter to pieces a great portion of the evicienca adduced againtl ; them . There -will' be at lea&t fifteen witnesses examined for tho defence . . It is dubious whether tha trial will close even to-morrow night . Mr . Roberta is working day and wight for his client ? . It was most unfortunate that ho was not heve earlier , or at least a fortnight ago , for ha now has scarcely time to get up proper defences . He has four clerks working late nnd eariy , aad is leaving noetona nuturned in the discharge of his duty . On last , Sunday he applied to that
see Mr . O ' NuU , when he-was ' told by the tan ^ : ' . y , it being Sunday , he could not be ollcwod to eco b q client j-ra beautiful illustration of the Christian spirit which actuates Lord Sandoa and the otb . tr salsta « -h ? have the superintendence of this prison . Kott truly ignorant must they be of the Sacrad Scriptures of which they speak ao mush , aud vthiah feach them thuton the Sabbath day we ought to asaist even our neighbour ' s dumb animal if it sustains an injury ! Am ! if that' « the case , how mnch mcxe ara we bound to n : ; slit cur fellow-bciiigs on Sundays when they arc in trouble ? How better can wo do so , than by performicR a corporeal work of mere ? in visiting antl " assisting those who aro-in priEOii . " ¦ ___
The latest intelligence from South Wales that h .- >< s reached here , states that Chartitm ia in tho z ; -. '"' -i there , and that its supporters are daiiy hoiiling h ^ Z * meetings ta advance it by every mean ? . It , this tow / ., - notwithstanding all the fcffort 3 th \ t are making to stransle it , Chartism is gaining the possession of tbe habitations , of the working classes ,. and in ro few instances is eieeping into the uwfclliiiga of f .: e middle men ,
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3 JFATJ 3 . On Thursday , the 18 th oV ; Septtitb ^ r , that old RadicalU , Mr . Jotaa Miud . nd of ! Broomlane . HsHgiitoj ) , in the 84 ijh year of his * ge .
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On the 4 th of September , a sou of John and Mary Andefton , of Witton Stocks , near Blackburn , was named by the Kev . Mr . Fraser , Independent Minister , Stephen Feargua Anderton . Tho young patriot was born on Mr . O'Connor ' s birth-day . Tho son of Jamoa and Eliza Collins has been auly registered James Fearens . O'Connor Collins . ¦ Registered , at Sheffield , on Monday , September 26 th , Louisa O'Connor Goddard , the mlant daughter rf SffiSo 1 ? wS&- *^»««^^ has been restored George Frost O'Connor Baye * On Sunday , in the Christian church held in tha Charts Hall , Lcith , the son of Mr . Lauchlan , was named Henry Hunt Welsby M'Gregor , by Mr John Tankard , minister of tho aiove plaoe . ¦ Theophenia , the wife of Mr . William * ?»!<>**> £ Kidderminster , was delivered on the 1 st of October , of two fine boys , who were registered on too-3 rd fartlntTSne fimmett Feargus O fConno ' 'J $ a * b « M'Douall Feargus O'Connor . Mr . Ranford has nWihreebojs living , all of whom are registered Feargus O'Connor .
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THE NORTHERN STAR . - tmu t i j ii ^ ~~— : ~ . — V
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Citation
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Northern Star (1837-1852), Oct. 8, 1842, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct451/page/5/
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