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flt * A . 'ynyfmTyerpjTTft're ASSIZES . I ? ISI PRIUS COURT—Mosbat , Maech 28 . Before Mr . Justice Erskxne . THE LATE RIOTS IN THE POTTERIES . TRIAL OF COOPER , RICHARDS , AND CAPPUR , FOR CONSPIRACY . THE QCEEy ^ 7 . COOPER ASD OTHERS . tSpedsi Jury . ) Tils was an indictment for Csaspirsey -against Tawnas Cooper , o ! Leicester , John Retards , of Hanley , and Jaseph Cappnr , of Tnsstsll . ihr . o Ghartisi leaders . Cappnr , having been sect * " - -r-i to two years imprisonment in the Cjnntv a ¦ -. ; Lhe late Special <^ jmmiszicn , washreught -. cuvtoSy to be tried in this indictmect . The ct . iwo defendants were - itonbaiL The case had been t reversed from the Sf- . ui Crnnaiseoh , and baring bein removed ~ by a writ of --txrHorari , into the Court of Qaten ' s Beach , came on for trial at Ifiai Prius 1 * " * morning , at Mine o ' clock . Jhe following gentlemen -were sworn a Special Jury , to try the case : —
Joseph Tarratt , Esq ., William Arden , 2-sq ., John levett , Esq , Edward Rabone . Esq .. Edward Farmer , Esq ., John Tnnon Fereday , Esq ., John Bourne , Esq ., E . P . Csrtwrighi , Bsq ., Ed-ward Tongue , Seq ., Richard Htzaldine , Esq ., Ralph trough , Esq ., Thamaa Sneyd , Esq . Mr . Sergeant Talfourd , Mr . R . T . Richards , < J . C-, Sir . Godson , Q . C , * rd Mr . Alexander appeared to conduct the prosecution f jt the Crown . The defendants appeared in person to conduct iheir own defence . Xhe t 2 sree defendants took their plac » 3 at the bariA& ¥ **> * table , immediately in front of the Judge . Coopet had a boot , in which he afterwards took notes cf the evidence . -Richards also took notes . 2 ii . Alexander was about to state the eonnts of the indictment i » the-Jury , -when
Cqoperrese , and , addressing Ms Lordship , said—My Xord , I irn here "without any legal assistance at tte yfesent time , and ss I understand 3 have fesen , trfed and convicted at Lancaster — His lordship—I can haTe nothing to do with what has taken place in another Court Cooper—I "was about to say that if I lead the fifth count correctly , I think it precludes the possibility of my trial at the present time . ttth lordship— As you hare not been sentenced I can take no notice of it . If you had been stnteaced for the sane offence "with "which you are row charged , yon Plight- havepleaded thatyonhadbeen so sentenced . If you tare been convicted on the same charge , rthat will of course be taken into consideration hertsfttr if it sh cold be necessary . Mt Strjeact Talfourd—I am told it is a mistake , and that it is another person .
Cooper—Well , I Ehail be Tery glad to findihBt it is a wiiitata ; butl find it slated in the newspaper-I hove in my hand . The Judge—If it had been so , you would not have been informed of it through the medium of a newspaper . 31 * . Serjeant Talfonrd—I do not pledge myself that it iB a mistake ; I understand that it is so . " 3 Ir . Alexander then Btated ,, that the indictment in thiB case charged thit the three defendants , on the loth of August , in the last year , unlawfully conspired together , with divers other . persons , to cause , raise , and make riots and tamaltncns : assemblies , met tings , and
bodies of the people , in breach of the public peace , and to induce sach people to resist by force of arms the ]»* fs cf . the realm ; and that the&ree defendants on the 25 th of Augast , and other days , at Burslem , in this . county , unlawfully spoke to and in Hie hearing of the subjects of our Lady the Queen , certain false , scandalous , and seditious speeches , with intent to incite and ptisuade the people to discontent with , and hatred , and dissection to the laws of this reata , as by law established . There was a second csunt , which BtBted that the three defendants -combined together , to procure and raise tumultuous riots , and seditious assemblies , in order to lesirt by force and cause to be-resisted by force the due execution of the laws .
Mr . Sergeant Talfottbd , m opening the case for the Crows , said—May it please your Lordship , gentleman of the jury—It is my duty , by the direction of the lawofficers of her Majesty , to state to . you the nature of the charges againrt the three defendants , and with the assistance of nry Issraed Priendsio lay before yon the evidence by which that chMge will be sustained- In the dischuge of-that dnty , I shall fee compelled to recal to your recollection those disastrous scenes of tumult and plunder which occurred on the memorable days of Monday , the 1 Kb , sad Tuesday , the Hth of August last , in the Pottery district of ihi * -county , -e-hicb ren-Sered necessary ] the Special CommksioB wMch sat In this place in October last , and which ^ drew down upon many unfortunate persons the guilt ssd punishment of
felons . The present indictment is one that was found at the Special Commission against the tiree defendants . It imputes to them guilt of a less legal-degree than that of those persons who were then convicted ; but 1 cannot conceal from yob t *> - > t it imputes to them , guilt of equal moral atrocity . The charge being one ofsnsdeineanonr . da defendants exercised tbsir light t * traverse this indictment to the present assizes , and npoc that traverse it is that that indieSment comes before jon for your just and impariiaJ' decision . Gentlemen , fetfora I revert more particularly to the nature of this , charge , and shew you what it is , it will be weli , rby way of caution , that I should-state to yon t&at wbi 3 & it is not Is : the-course of th » evidence you will bear speeches attributed to the wrend defendants , ia whieh . you will
find mention made of £ great political change which the defendants profess to advocate , under th&name of the People ' s Charter . Gentlemen , I cannot toc-eooo ac-¦ quaintyon that it isnot against the principles of ( base who desire that political chaise—it is jiot agaioxt the public sdTocacy of those principles—is is cot . even against an intemperate z * &l ia the advocacy of &e : priadples which are « npposed---to be involved under that came , that this prosecution is aimed . It is perfectly lawful for any one by writiEg , by lecturing , by speak ing on fit and proper occasions , and in a temperate manner , to urge those principles on the public mind , asd to seek to attain their object when time shall hare aatured the Tninria of the jpeople of this coontry for the entertainment of those principles ; and even
composing ttut , in the course of Hoi , advocacy , in the heat and the seal of the moment , some intemperate expressions had fallen from those who advocate such principles , that also is the nature of the . charge which is preferred against these defendants , a may , indeed , perhaps , be permitted to obserre that f& might excite some surprise that any one . iowever deeply impressed with the truth snd justice of what are -called Chartist principles—however fondly believing ihzi a time would come when the public mind would . be turned tc the support of these principles—and hov&vei deeply impressed these principles xrdgtit be Bj » n . &a honest mind , —Iiay it migkt cxeUe surprise to fiad it possible for any calm person , judging with serenity e £ temper , to look around it the state of society in this gjaat country
—to see the thousand roots by which power is planted in the Tariou dosses of soatty—to see iow , lick by link , the institutions of the eountry are attached to the hearts of those around them—it is difficult , I say , to eoncsive that ssj person , eslinly aad serenely believing those priudclts to be the jirinciples of iraOi- . . could hope lor any speedy or sudden triumph of those principles by the mere " weapans of reasoning and argument Sot I will grant thai it is possible that a person , enthuiriflsticaHy attached to those principles , may see the imaginary future in the iastant—that he might think it possible to over-leap all tiisse obstacles—and believe that the season had come for tte triumph of tboss principles . And if you shall find that these defendants have done no more than this : if you find that they only
intended to advance their eause by reason , by persuasion , and by eloquence , I ask no verdict against them , Ipwerer I may think them ( and you may think them ) inistsien with respert is these principles , or their Bpeedy victory . The Ecene to which I RhfiTi have to call your attention is no doubt very faTniUnr to most , if not to = 31 of yon ; it is the Pottery district of this county—aflkbict « f -wKehTuMfeUis at the nortliern extremity , sad Longton to the south , in the centre « f " which is "Buralem , Hanky , and Stoke , and U the west Newcastle . It is a district surrounded by colleries , the mineral wealth of which is jpeat , and those colleries extend , in fact , beyond the Pottery works . The Pottery ' works have of late years grown into a most important part of national infimtry , and give Employment tonamy
thousands cf hands in a district tfeai is densely populona . In the month of August kst , unhappily , disputes had arisen both among the colliera and their masters , and the potters aad their employers . Those dispntes bad nothing whatever of a political nature ia iheir origin . Tb . ey -a ^ g entirely in disputes with respect to Hie wages to be paid in the different colleries , and in some of the pottery manufactories . The men had struck for wages ; and the maatera and men were in that degree of iosmity to each other which such a condition implies . In tbat there was nothing flleeal lie Trotfemen had a perfect right to combine , with thm , for the pnrpose of desisting from that labour BUS their requisition should be complied with or a compromise effected ; but although that state of thuua Involved no crime , yet it involved a great calamity
because one cannot conceive of any state of things more diiteeaang than that in which the ties of affijetion and regard which bind the higher and middle classes to the lover are tamed into hostility , asd the f » mii ; .. Of snany working men left without tbe ordinary means of subsistence . It -was at such a season that we charge the defendants ( and yon are to judge by the evidence whether it was so } thai they , taking advantage of the ¦ nhappy state of hostility in which some of the mastea / vere placed to their servant ! , thought they eonld nploy the force of those who had choaen to leave ' their mpIoyiEent io do that which was illegal and tyran-» oa»—to force others who were disposed to work for Sbelr masters to join these who ttad sbnek foran incute of wages : that they thought t&at in Buch a slate of things they might tarn that which was a strike for
Wage * { having first aggravated it by force and violence ) Into a strike for the Charter : that they could assemble ihe H'Tfttiti' ^ f so turned out from their honest employ * xisnt , and combine them into a common cause , so that Stay may strike , by means of these persons , terror and dismay into the hearts of those who opposed them , * ad tbos obtain an illegal adrance of thoM
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¦ prmciples which they bad a perfect right legally to ad--rocata . Two of the persona before you reside in the district of the Potteries . One of the persons included in the charge , Wm . Ellis , whe has been convicted of another offence , was a potter , at Btrrslem . The defendant C&ppur was a master blacksmith , at TunstalL The defendant , John Richards , was a ehoemaker , at Hanley ; and they were all active advocates of what are called Chartist principles . The other defendant , Mr . Cooper , is a stranger to this district He had paid it a visit before August last j which you will find to be-Smportant in the investigation of this case ); but he is , 1 believe , a person residing at Leicester , and not having any business in , or connection with , the Potteries . I shall shrir yon that in the month of March preceding
the outbreak in August of last year , Mr . Cooper for the first lime visited the Pottery district , when he became acquainted with the other three defendants mentioned in the indictment , Ellis , Richards , aad Cappur . I shall shew that all four were together at meetings of the same character , and that at the close ef thoBe meetings iJr . Cooper left , statin ? that he should come again at some future season . Tho meetings at that time were held at a place called the George and Dragon , at Hanley i and you will find some of the -expressions used at tfcofie meetings ( with respect to the number of soldiers in different parts of the country ! tallying with some of the expressions used at meetings which were subsequently held . After Mr . Cooper had left , meetings took place at Tnnstall a ; : d Hanley , at which the
defendants Cappnr , Richards , and Ellis spoke , and y » u will find that at one cf those meetings the defendant R'chords used expressions which will be very material indeed in the course of this inquiry . He told the people whom he was addressing that the army "was withdrawn on foreign service , and that there were only five or six soldiers to every town throughout the kingdom . It is for you to conceive whether these observations had a tendency to an attack upon the authorities by force , or whether you can apply them to the advocacy of principles by argnmpnt and reason . On the 30 th of July , when the public mind in the Potteries was agitated on the subject of wages , Mr . Richards spoke to sevrral persons around him with abhorrence of the military . He spoke of hew be would treat a son of his to prevent
his enlisting into the array ; and eaid , " you neen not mind ball cartridge : we will have blood for blood , when the time for the cut-break arrives : stick to your point , and we shall get what we require . " On the 9 th of August a meeting was held on the-Crown Bank , in the very centre of the heart ef the Pottery district , and vrbete there is -rery great facility to accommodate the numbers who might assemble in that populous neighbourhood- At that meeting Cappur made a speech , in which he alluded to some military tactics , told a story of the Duke of Wellington which , if tru ** , ( but certainly it was not true ) would have been dishonourable to that great soldier , to which this country will be under such eternal obligation ; and he th * n referred to the military tactics which they themselves would bave to practise
On lhe 12 th of August there was another meeting held on the Crown Bank , at which both ElUe and Richards were present . Now , up to this time the defendant Cooper had not appeared in the Pottery district from tfee time he was there in March . We believe that he first came into the distriet on Saturday , the 13 th March , but that will not be very important , because his second introduction on the scene took place on Sunday , the Ush of August . On that day he was first obstrved heading a procession , -which wm Tnoving towards Lonstoo from Hanley ; and the persons with whom he was in procession , about 100 in number , were sinning verses to a hymn tune . Cooper led them on until they came to a piece of waste ground in Longton , where he mounted * stage or Borne rising ground , from which he addressed the people . He spoke then in the same strain in which the othsr defendants had spoken bfcfi re with reference to the small number of aolcliere ineacQ town . He said that there bad been a plt-ntilnl harvest
for the people to enjoy ; he spoke of the army and the clergy , and , what will be very important in this case , he pointed to the Church ; he tpoie of it in language which I will not repeat , but be particularly pointed to the honse of the rector of . Longion , and said that the rector had some . £ 400 o ? , £ 500 a year , but thit he ought only to have £ id or £ , b 0 ft yea ? ! He spoke of the time when the church should be laid low , and the people have an opportunity of enjoying that which was now appropriated to the ministers of the Established Church , Ton will find that very important , with reference to the tendency of this discourse , when you hear what were the fro its on the following day up ^ n that particular scene . He said that he had addressed 15 . 000 people at Wednesbnry afew days before , and that they had come to % determination to abstain from work until the Charter was the law of the l » nd . He then Save out Botne verses , ( which were sung to the tune of Rule of Britannia , ) commencing with the words
" Spreed the Charter through the land . — Xfct Britons bold and brave joki heart and band . " ' He tbsn went tkrough a form of preycr , and dismissed ; the assembly with a benediction , eta ting that there ! would be a meeting on the Crown Bank , Hanley , on tha following scorning . Accordingly that meeting took : place at Hanley , on Monday morning , Mr . Caoper being the priscipal speaker . He appeared there among a : number of persons who were physically strong ; many , of them were armed wita large sticks , some of them were recKning on the ground with their sticks by their side , while others were standing leaning upon sticks . He began-by saying that be was come to tell them what had been done in other places as to ceasing from labour
until the Charter became the lav of the l&nd : be did not tell theta to do what others had none , but be to d t >< PTTi "whit ihty had done , aad perhaps they might be disposed to follow their example . He then sp .. ke of the meeting as Wednesbury , wiich bad been attended by 15 . 000 , instead of as he had expec : ed by iC'OO ; he spoke of the oam that was on the ground , aud be incited the people to some to a resolution to desLbt from labour until the Charter became the law of the land . He said be was ^ elf-elected Chairman of the meeting , and gave out those beautiful word * -of Scripture , " Come all ye that are we&ry and heavy ltian , and I will . give you rest ; " and thet , as appropriate to that t » xt , he proposed a resolution that all should cease from labour until the Charter became tie law of the la&d .
Cooper—My Lord , d don't know whether 1 am ia order , but I believe tte Learned Sergeant will find , if be refers to bis brief , tkat I did not do mo . Tke Learned Jndge replied that tha lury would of course be only guided fcy ihe evidence adduced Before them , Mr . Sergeant Talfonrd regained—^ Gentleman , what 1 -Ma now stating is merely te ^ jive an outlineesf the case 3 cr the prosecution . Of course if I de not etablish by credible witnesses any part of -my statement , it is quite unnecessary for me to tell you that that is to be . entirely dismissed from your minds . I am stating it from . matter wfeicb I have reason to believe I shall prove ; but when -a ease depends on expressions no-donbt you will q ? atch thfi aridenca with great vigilance , -6 " ^ take care ihst
nottriJg is pressed against the prisoner ; and if you tnougitt that there was any mistake ^ to bis meaning , yon wotld give him the benefit of the doubt . I thiali there can be no doubt on the evidence < that he sought to indose them to abstain from lafeour until the Gbarter wea the law of the laDd ; but s&etber he pnt that proportion in the form of a resolution , or whether be did so by incitement , is qaite iTnTngt- ^» 4- . » . It is not at all necessary for me upon this part of tiis case , to call upon yc * , under my Lord ' s direction , U find that such iari tern eat , such recommendations are in themselves offences against the law , because th « present charge goes beyond them , and it is only an ingredient in the case I have to lay before yon ; tent c&a one conceive anything mure disastrous than the scecess
of such a ^ scheme ? Can ene conceive any positk > o of fcnm&n seciety more distressing , in which acts of outrage msy spring up , thar for the working population of tfce country to beplaced in s state either of starvation or theft , becaase it is quite impossible that such a recommendation couldlsad to any other resnlt It was a part of the doom of our specieB , at tfee time when it fell from its first innocence , that " by the sweat of the brew it shouid eat bread , " aad a part of that doom was a merciful part ( because there is no state in which man can be healthy if in a condition of inaction , unless It be in a state of innocence)—it is , therefore , a mc-rcy to fallen man , that industry becomes a part of our very nature , ana the dnty not only of those who are most falsely , as distinguished from other classes , called the " working
classes , " { that is , those who work by the Hb » ur of their hands , } bui it also becomes the duty of those filling every etation in Bociety—of those who work by the severer and wore anxious toil of the brain—who have the intellect perpetually exercised omidst anxiety , toils , and cares ; and it ib the common lot of mnn , from the cradle to the grave , that in one department or another he should serve his family , bis country , and his friends by the labour either of his hands or his brain : and he , therefore , who severs a whole population from that healthful state to which Providence has callsd . ns prepares the seed for the introduction of the werst possible consequences—for the trinmpb of the worst possible passions—for the sufFericg of the -worst possible calamities . Ton will find , however , tkat the
incitement on thB Crown Bank was not confined to that Mr . Cooper , you will find , used other language then , which I would rattier you Bhould hear from the witnesses than from me , and which had a tendency , { rather indeed by an artful covert , ) but still bad tile tendency to incite to acts of dMinct outrage , and yon will find the consequences were immediate upon the incitement being made . The Learned Counsel here proceeded to na » ate tise riotous proseedings of the mob in Hanley immediately after the breaking np of the meeting on tte Crown Bank on Monday , the 16 th of Angnst , in tte course of-which be observed that the mob who had turned out the people at Mr , Ridgways manufactory was beaded by Yates , in whose bomse Cooper then
iodgeo ^ BBa ttat in bis speech Cooper had referred to the Conrt of Request * as a specimen of clMS legislation . SergeaBtTslfottrd proceeded to describe the destructive «* s of ibe moba who attacked the poUc « statto » at BtoSfi , and Mr . Rom ' s * e * ldence at Penlflran , and after describing -what took place at Fenton , the Learned Connfiel observed : — « The work of the third division of tbe mob wsb still more fearfuL They directed their conrse to the spot from - which Mr . Cooper had addressed the people the night before at Longton , They first atUcked the Town Hall and Police Office which they partly destroyed ; they tho « ght there were arms in the Hotel and searched it for arms ; they obtained I belieTe some police staves . "
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Cooper—The Laarned Sergeant must be quite unaware that the multitude thought this . He does not quote bis brief . The Judge—He is only giving an abstract of what his instructions are . C » oper—I am not aware it is usual to Inflame the mind of the Jury by telling them what the multitude " thought " The Judge—Certainly not , but he can tell them wbat the mob did , from which the Jury may draw their conclusions . That is the effect of what has been stated-r that they did such and such an act , and it ia for the Jury to say with what intent the mob did that act . I don't think , you will find brother TaLtouid will atate anything iiB proper . Cooper—I make no general complaint , my Lord . The word "thought ' struck me at the time .
Mr . Sergeant Talfourd continued—I am sure if I used any word that was unfair—if I said wbat the parties thought , I stated that which was not strictly correct ; but if the defendant will allow me I will put the question on n fair footing . I do not state to you that these parties went to Longton because Mr . Cooper bad been speaking there the day before ; but I put the two facts in juxta-poaition , and it is for yon t » draw your conclusion . They went from the Town Hall to the house of tt » e Rector , the Rev . Dr . Vale , ( the person who bad been referred to by Mr . Cooper in his speech the day before , ) they burst open the house , plundered it completely , set fire to it in four places , made a pitoof furniture In front , which waa set fire to ; theyfouudin the house a quantity of spirits , which
they drank , and this no doubt inflamed their fury . They remained there till four in the afternoon . A fireengine was brought to the spot , but an attempt was made to destroy the hose , and that attempt would have been successful but for the heroic conduct of a surgeon named Dawes , -who , -when the authorities were quite paralysed , ( for there appears to have been do attempt made to interfere with the proceedings of this mob , ) rescued the hose of the engine from those who were about to destroy it , and ultimately enabled those of the inhabitants who came up , with some soldiers and police constables , to extinguish the fhines . A number of infatuated creatures , who had become intoxicated , Were easily taken into custody by the police and soldiers , as they lay in a state of helplesanesa on the ground .
While this was going on Mr . Cooper did not appear ; aud I state to you in the broadeBt manner , that there is no evidence to shew that Mr . Cooper ever took a part in the destruction of proporty , or personal violence ; bat where was he during the day ? At half-past ten in the morning , when the attack was made on Mr . Gibbs ' s house , und the Court of Request * , ho w » b at the Royal Oak , Hanley . A witnets , who is the lessee of the Water Works at Hanley , went to inform the landlord of that house as to what was going on ; and it will be au important circumstance for yonr consideration that Mr . Richards was in that room at the time with Mr . Cooper . Mr . Cooper was informed of what was proceeding ; but the witness is not sure ¦ whether the following expressions were used by Cooper
before or after he ha 4 informed him of the attack on the Police-i / mce ; andl , therefore , desire , that if there be any doubt on the construction to be put upon these words you will give the benefit of the d * uot to tho defendant Cooper said , " That ' s right—that'u the way to do it ; " and he will contend that these expressiona were used , not with reference to these acts , but to ¦ what they had done in tnrn ' ng out tne hands by stopping the colliery of Lord Qranville , and fey turning out the hands at Mr . R-dgway ' a . if there is any doubt upon this point , the favourable construction ia the ono you are bound to adopt I will suppose that those txpresesions had :. ot reference to the outrages of which he was then informed ; but surely if he was at that time informed of what course the people were taking who had been attending on his discourse in the Tiorniog , yon would have supposed to find him endeavouring to puts stop to these proceedings—surely you would have expected , if his obket and desire had been something
far different from that of which he waa apprised , that he would have attempted to prevent it ; but he does not appear on the scene during that day until the evening , when another meeting is held , according to notice . That meeting at the Crown Bank ia of tho last importance in the consideration of thiB case . Just see what a state that neighbourhood was in at the time wben the meeting was held ! Mr . Rose ' s house had been pillaged , Dr . Vale ' s had been blazing , and the country throughout was in terror and dismay ! Now , if at that time he used the expressions which are attributed t « him , it is impossible to put any other construction upon them but thst he expected what had taken pluce . He said to the people , " Some of y « u have been drunk to-day ; " ( that was at Dr . Tale ' s , ) " keep yourselves sober—if you get drunk you are sold . ' He gave them that advice which , In the first place , proved that he knew what had taken place , supposing you could doubt that any one could be within two tuilea and not hear of it .
Cooper—The Learned Serjeant cannot be awate of what was given in evidence on the fornnr occasion . Tbe Judge—I must not have allusions made to wbat took place at a former trial Cooper—You see , my Lord , this is n » t inproof of anything that bad taken place . The Judge—I cannot tell until the expressions are proved . At present brother Talfourd is only stating what he expects to prove . Mr . Serjeant Talfourd—I am reasoning upon the evidence which I propose to adduce . If that evidence is capable of another construction , the defendant in his turn will give it Nothing in itst-lf could be more commendable than the advice to the men to keep sober ; but ¦ till it will be for yon to say whether it wub posBible for
him to have come to tho Crown Bank in Hanley , ( which is about two Hiilss from Dr . Vale ' s house ) to me « t his disciples on that evening , without beicj ; apprized as to what had taken place . I cannot conceive it possible that any person in a public capacity , in the centre of that district , could have been ignorant of wbat had taken place , however be sight have disapproved of the acts . How , it will be for you to judge of the words which I have before me , but I will not now state them , because it Is better , when expressions are to be depended upon , that you should bear them from the witnesses . If in that state of things the defendant Cooper did not di&suade them not merely from drunkenness but from acts of violence , and if he addressed them In most
iut > mperate terms , it is for you to draw the inference with wbat feelings he regarded the condaot that had token place . The meeting dispersed at the sound of a pistol . Whatever Mr . Cooper had said at that meeting , you will find what the parties did to be Incapable of any f-tplanation whatever . They went from thence to Mr . Forrester ' s ofBcei . which they set fire to ; they remaiaed there triumphant until ten or eleven o ' clock , and from that time the bouse was in flames . How was Coopar engaged at that time ? Was he doing anything ? I shaU shew you by six witnesses that while the house a ! Mr . Forrester was in a blaze Mr . Cooper was eeen to walk down In the crowd towards that fire : he was afterwards seen in company with ftee or six persons .
Cooper— Having substantiated an alibi at the Special CommissioB , — The Judge—You must not state facts that ocesirred elsewhere . ¦ At present I can enly attend to tbe evidence to be brought before the Court , and the Counsel must be allowed to state what he intends to prove ; be will then call witnesses ; and after he baa dcae eo yon can s 4 dresa the Jury , aud call witnesses i £ y « C pleftse . lir . Sergeant Tilfjnrd resumed— If tfee defendant ib able &o shew that be was elsewhere at lhe time , well and g « od ; it will be for yon to judge according to tha evidence . I waa mentioning that about a -quarter past Wn Mr . Cooper wm sesa proceeding in the direction I have naw-d . About a quarter or half-past elevtn , the
crowd ca&e from Lord Gr&nville ' s , and went an to the house of Mr . Parker , a Ei 3 gistrate of the county , residing in Shelton . It will be in evidence before you that Mr . Cooper waa seen to . detach himself f com the mob coming from Mr . Forrester ' s , that he was with a person whe wa * dressed in women's clothes , but who Egpeared to the witneEBes to be of the other sex ; U > at he was seen to go towards iir . Parker ' s ; ar » d that a very sbcirt time afterwards the flimes broke out from Mr . Pnrker '» Jwuse , I shall call another witness , wbo will telJ y « U tbat he saw Cooper three times wa ! k backward and fwrward in front of the place where thst fire was raging . Sliiese circumstances wiil be laid before you for the porpew of asking yen , not oh this occasion to believe that Mt . Cooper
actually wat a party to this fire , er bad dirtily and immediately excited the people to commit tbe afi . *; ; but for the purpose of asking you , whether you can connect such conduct as tbat with the speeches which Wih bo given in evidence , end then believe that to r - Cooper was in tho Potteries innocently and laudabl > advocating the principles which be hoped would eventually trinuiph . Air . Cooper , according to tbe evidence of the witnesses , wa . s seen to go oif from Shelton towards Burslem , whero he was caken into custody , and taken before Mr . Parker , the magistrate , who was at that time in seme other house in bed . Mr . Parker did not &t that time see any reason to detain him -. he waB discharged : and tbat was I believe the last time that Mr . Cooper waa seen in the Potteries .
Cooper . —The Learned Sergeant is connecting my supposed appearance at the fire with my speeches , while I have proved an alibi . The Judge . —I have told you that I know nothing of the facts . The counsel can know nothing of them but what proceeds from tbe witnesses , and therefore you must allow the case to proceed in the regular way . Yon Bust not interfere , because I shall not allow iL Cooper —It is intended to compel me to produce my witnesses again , which I did n » t expect . It has already cost bob £ 100 . Tbe Judge . —Whatever Is evidence in the case 1 must allow to be brought forward—I cannot alter tbe law .
Mr . Sergeant Talfourd again resumed—I will make no allusion to what passed on the occasion to which Mr . Cooper alludes , as I was not present myself . I am stating , I bopei fairly the case 1 am about to lay before you , according to my instructions . I was making the remark for his benefit , that that was the last time when be was seen in the Potteries . He waa afterwards apprehended in Manchester at some distant time . Cooper . —I was never apprehended at Manchester . Mr . Sergeant Talfourd . —Well , that ia quite immaterial . It is not necessary to pursue the melancholy proceedings of the night of tbe 15 th of August The
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mob , after attacking Mr . Parker's house , attacked the house of Mr . Aitkens , the Rector of Hanley ; they afterwards broke into the house of a solicitor named Griffin , and committed other acts of outrage on which it , is not Hecessary to detain you ; they are matters of history ; but it is necessary to see wbat tbo general con duct and acts of the mob were which the defendant Cooper ia charged with exciting . On the following morning another meeting wae held at tbe Crown Bank . Mr . Cooper was not there , and , therefore , what took place there cannot personally attach to him . The defendant Riahards and Mr . Ellis were present ; and again I will not state to you the language said to have been used by Richards or Ellla ; but I believe you will find tbe same allusion to the soldiers ( which bad been
referred to throughout tbe transaction ) again dwelt upon at this meeting ; and I think you will not find from , one end of the transaction to the other , anything like lamentation wita respect to the various injuries which had been committed . It may be thut Mr . Cooper did not intend that those injuries should proceed to the extent t > which they did It is possible that be might have left the county shocked at the extent to which they bad proceeded ; but it fs for you to say whether , the expressions used at such places could have had any other objsct than that of arbuBing the passions of those who were present to acts nnd deeds of outrage , for tbe purpose of striking dismay into the hearts of those who were disposed to oppose the Charter—whether that was not the scheme ( although
the plunder and drunkenness might have been without a&bemo ) which the defendants had in view—whether they could have had any other object than to have the police-officers attacked and the law resisted . If they did thut , then they are guilty of the offence charged on this record . After the meeting ou Tuesday morning , the crowd increased , they called out " To Buralem !" Ellis headed them to Burslem , and there , for the first time they met -with effectual resistance . Captain Powys , an active magistrate of that division of the county , had assembled tbe soldiers together . Tbe mob at the signal of a pistol btting fired pelted the Boldiera . After Capt Powya had resoited to every other means , afler he had read the riot act more than ouce and implored the people to disperse , or he should be compelled to request the
officer in command to order his soldiers to lire , that ordt * waa given . Oue of the mob fell dead ; be had a bludgeon in Wa hand , which be grasped in death : and although at first there was a cry tbat the soldiers had only fired blank cartridge , yet wh » n they found that ono of their number was actually billed they fled in all directions , and the mob did not again assemble . Though individual acta of outiage were afterwards committed , that one act of brave and determined resistance dispersed the whole mob ; and if that could have been done at first , the greatest devastation would have been prevented , and many unhappy persons who were tried here at the Special Commission would have » een saved from the punishment which they wero now undergoing . The charge , you will onserve , is one of conspiracy ;
and , therefore , in on-lcr to convict any or all of the defendants , it is not necessary that I Bhould shew you that that person himself individually did some act with the intent charged in the indictment—that he made speeches inducing the people to resist the authority of the law , but I must further shew you , that that which was done waa done in concert with two persona at least . It is not necessary that I should abew yuu that it waa done by two of lhe defendants . If it was done by one of thttiu In concert with another , not before you , then the charge ia made out ; but if you could conceive that each of these ribfindnnts was acting singly , separate and apart from all the others—that what he did was without conceit , plan , or conduct , then , whatever , you might thiuk of the conduct eo pursued by them , they
are not guilty of this charge You know that in cases of any conspiracy , it is scarcely ever possible to shew the parties in actual secret conclave by tbe evidence of a witness who beard tbe words fall from their lipa and was present when they organised their plan : it ia scarcely ever possible to do that , excepting iu a case where one of the conspirators becomes penitent and turns Queen ' s evidence , ; ( in which case his testimony is to be regarded with the greatest suspicion , ; or when that is resorted to which I am happy to say was not done in this case—when a spy was sent to watch the proceedings ; because , although that course is soinoUmes necessary for tho public safety , it la attended with suspicion , for ic is too often likely to occur that those who are sent to watch will instigate
first , and betray afterwards . Happily for the defendanta , wo have uat ia this cane been able to look into their secret proceedings , for I am afraid , if we could , we should place them on a threshold of far more awful responsibility than now awuita them . In the first place , you will have it proved that Mr . Cooper visited the place as a stranger in March , wben he met with the other defendants , and promised that he would return : y ra will have in evidence the coursa pvu&ued separately by the other two defendants , Mr . Cappur and Mr . Richards , at Tunslall ; you will attend to tbe expressions used by Mr . Richards , and give them the effect they deserve ; you will find that on the very eve of these fearful disturbances Mr . Cooper appears on the scene—on Sunday , tbe 14 th of August—this being his
first appearance on his second visit ; you will find him , after the Crown Bank meeting , on Monday , iu the Royal Oik , in company with tbe defendant Richards ; you will And him again when he comes to the Crown Bank in the evening in oompony with Richards ; you will find that on some of the occasions two or three of the defendants are present , when one of them speaks , tbe other being a consenting party to what is said ; and you will find coincidences in the expressions used ( especially as to tbe soldiers ) , which will eDable you to city whether Uwy were the result of accident The firing of ft pistol is some proof that some persons in some place had concerted together ; aud under these circumstance it will be for you to say whether you can have any reasonable doubt that the object of the
defendants was thut which ia charged against them—a desire to excite the people ( having first induced them to turn out ) to acta of violence and outrage—to resist tueautbority of the law—to paralyse the arm of power . Id concluding what I have to say at present , I will only assure you that I , on the part of the prosecution , aud those whe instruct me , have no desire whatever , excepting that tula evidence should be laid fairly before you , with those observations which naturally ariee upon it I earnestly desire to excite no prejudice whatever against the defendants in respect to the principles of which they were the advocates on the occasion to which I refer . I should address a jury of Cnartitfts , and present the case as fairly to Any honest men who entertained Chartist priuoiplos , with the same feelings I entertain
in laying this case before the gentlemen whom I have now the honour of addressing . I have also to entreat you not to let any indignation which you may feel towards the actors in the late outrages to influence your minds against these defendants , who are here to b « tried on a specific charge . Do not allow any affection which you have for those institutions which you may think have been in danger—do n -t let any ftar lest these disturbances might be repeated on a future occasion—do not let any feeling of pity even far those number of persons who were co&victed here at tbe Special Comaafeaiou , and who were roused into sudden frerzy by the passion of the moment , induce you to
swerve from the course of justice . We are to perform our respective parts , —mine to lay this evidence temperately , and as f&r as I can faithfully btfure you;—yours to judge of that evidence , and to decide upon it . EventB are not outb . We ate each of us buund to perform our respective duty , and we have a right to believe that all things are working together for good . Those events ace in other—they are in Eterual lands . They are in the bunds of Him who will not focsake us and ours , but so long as we with honest aad humble hearts scok the attainment of justice , and the advancement of truth , will ho protect and defend us while we discharge , each in our sphere , those duties to which bis Providence has called us .
On tho conclusion of the Learned Sergeant ' s eloquent address . Cooper rose and asked his Lordship for some further explanation as to the proof nesessary to prove conspiracy against either of the defendants . His Lor&hip gave : an explaaation as to the proof necessary , similar to that given by Sergeant Talfourd in his opening address . Cooper then oaid—It baa been asserted that evidence will be given to show tbat Mr . Richards waa present at a meeting at Hsuley . in March . Now , if it can be shown that my friend Richards was not at that time in Hanley , would that overthrow the case ?
Mr Justice Eiskino— Not necessarily . It would be p . strong fact in favour of Richards to show tbat he was net thero ; but it may to that he may have said sometkin afterwards Thioh may show that , although he waa not personally present , yet that he had previously combined with you for the purpose of producing those disturbances which wero occasioned . It depends on what , the evidence for the prosecution may be . If they , ( o not Intend to show that Richards was there , it ia not neeessary for him to show tbat be was not there . Copper— It witntsses are here to prove that Eiiis was not present ia March ; if I show tbe same as to Richards , and tiuk * CapRur was not present at the meeting in Aus ^ iat , 1 suppose that won't overthrow the case ?
Mr . Justi ce Erskine— Not necessarily . Itmight have been tlrat lot . ' ? before these disturbances you may have entered i ^ to s conspiracy , and if so , it is wholly unimportant wh ^ hb . * tko other defendants were present at those meetings' - ° * n <> t : but if there ia no direct proof of previous conspiracy , then the fact of their not being there would ! V * nd to rebut the presumption that there had been an >* pr&vioua conspiracy . Cooper— My rease -u &J * wking tbe questions , my Lord , was to avoid tha txpt ^ eefi * ' . witnesses . air . Justice Erakine— * dfcouM & VBIfy glad to relieve you , if ifc ware In my po ** e *' Cooper—Shall I ask the . "fcvW of counsal saying whether any reply will be given ^ jpposing we do not produce witnesses ? ,. „ . _ , ^ . Mr . Justice Erskine . —The cr ^ wn has tbe right of reply- i « . Cooper—So I understand ; but as s matter of favour I thought it might be waived .
Sergeant Talfsard—It is quite impossiWe to say what course I should think it my duty to adopt Cooper . —My Lord , I can't see how we S ° be indicted for conspiracy at Burslem , when I was' OS * at Burslem ? Mr . Justice Ermine—The place is immaterial . 1 ' / tbe act was committed within the county , the place is immaterial . Cooper proceeded to say , that be hoped there was n « vindictive feeling towards them ; that be bad hoped bis
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aged friendB ( to sit beside whom on such a charge was very painful to him . ) might have bean relieved from the oharge of conspiracy , and tbat he only might have been tried on the charge of sedition . He hoped his lordship would take care that all due time was allowed for examining the witnesses . He understood there were fortyfive witnesses for tbe prosecution ; and hoped if it were necessary his lordship would not object to their examination occupying jforty-flve days . ; The Judge—Ij shall not take any different course on this occasion from what is the usual practice . Whatever time ia necessary for the purposes of justice must be given , whatever may be tbe inconvenience . At the aame time , it must be expected that the time , of the county shall not be wasted by unnecessary cross-examination of the witnesses . The examination of the witnesses was then proceeded with . 1
Andrew Rowley , examined by Mr . R . V . Richards . — I am a potter living at Hanley . In tbe early part of April I recollect placards being handed about . There waa a meeting tield afterwards at the Crown Bank . A meeting took place in August at the George and Dragon . On the 10 th of ^ pril a meeting teok place at the Cro wn Bank , at which he was in the chair . That was on the 10 th of April , jl saw Cooper at the Crown Bank tin the 10 th of April . J Richarda was there also , and so was William Ellis . I waa at that time going to tbe bead inn at the Potteries . No notice that I heard of had been given of that meeting . When I went up Cooper said a few words ; he talked about the Queen and her bastards ; he did not speak long after 1 went up . A paper waa handed about when the meeting wsa
drawing to a close for any one who liked to sign bis name to ; the parties who signed were to pays penny a week and join the Chartists . I knew a person n » med Cappur ; he lived about three miles from the Crown Bank ; I did not see him at the meeting . Before tbe meeting separated Cooper Baid he should be with them again , and that be should be glad to hear talk of their going on well . About a fortnight after the first meeting another meeting took place at the Crown Bank . Ellis was there , and . ! some colliers , but nobody else I can name . I attended a meeting afterwards in August , about tbe 12 th , las near as I can tell , on a Friday . Notice had beep given of that meeting in tbe Marketplace , but between six nnd seven o ' clock at nigbt , it was given out that they were to meet at tbe George and
Dragon ; tbe crier went round to give notice at the time tbe meeting was ordered to go to the George and Dragon ; Cooper went across the Market-place to the Qeorge and Dragon . Ellis Was in tbe Market-place and Richards . About 300 persons were there . I remember another meeting shortly afterwards at the Crown Bank . That meeting was on the Sunday , and Cooper waa there . Tacre was a table for the speakers to Btand upon . It was about two o ' clock La the day . Cooper addressed the meeting . Notice waa given of another meeting fox eight o'clock oh Monday morning . I went there on that day . It was held at the Crown Bank . There were 400 or 500 persons present . Cooper was there , but nobody here else that I know of . Cooper addressed the meeting . The purport of what he said was , that
the time was come when tbe Charter must become the law of the land . ; Many of chose who were present had cudgels in their hands . The people were excited . When the meeting dispersed the people went down to a manufacturer ' s and turned the people off their employ . They went to the police-office and turned the people out of tbe watch house who had to go before the magistrates in the morning . To get at them , they broke tho door jopen . 1 know the Court of Requests wos broken open , and tbe books were thrown about . I know Mr . Rome ' s bouse at Pankhuti . The house was broken open , and the furniture and windows were destroyed . Noihjln ^ else that I saw was done there . They went to Dr . Tale ' s house , and it was broken open , set fire to , and tbe windows broken as well . I know
Mr . Allen ' s ; all ; the windows were broken , and the goods were thrown through the . windows . There was a meeting that ; same evening about half-past seven o ' clock ; Mr . Cooper was there ; it was held at the Crown Bank ; there were 700 or 800 persons present . Cooper said that , the day and tbe hour were come when the Charter must become the law of tbe laud . He then told ; thtm that there were not ten soldiers for every town tbat there was ; and told them th « number that were wanted abroad . Tbe meeting broke up between eight and nine . A signal waa given by a pistol or a gun , which went off twice among the crowd ; about a quirter of an hour after the meeting broke up . I know Lord G-ranville ' s collieries . After the meeting broke op . the mob went
there ,- they set fire to the eflice . I know Mr . Parker ' s bouse ; it is about two minutes' walk from Lord Granvllle ' s . Tho door of Mr . Parker ' s house was broken open , and the mob went inside . Tht > y destroyed the things inside , und then set fire to it . I knew Mr . Aitkens ' s house , it is ab-. wit forty 01 fifty y * rd 8 from Mr . Parker ' s . When I saw it it was all in flimes . The first meeting I attended at tha Crown Bank was on the 10 th of April . Cooper , Richards , and Ellis were there . £ ln the coarae of the examination , Cooper several times interrupted tbe ¦ L-.-urned Counsel by objecting that he was putting lending questions : but his Lordship decided that Mr . Richards might lead to an immaterial fact as a foundation for wbat was to fallow , and that be had not diverged from the proper and legal mode ot examination . ] ;
Cross-examined by the defendant Cooper—I am not much in tbe habit , of attending Chartist meetings . The placards I saw on tbe 10 th of April , upon the . Crown Bank , were about holding out till tbe masters gave them their price . Trie people turned out tbe following week , and those iwho were out turned others out . I was not turned out of work then , and I cannot exactly flay who was . They were colliers who were turned out ; I had only beard of their being out of work ; I bad no other nieans of knowledge ; I do not know whose colliers they were ; I will swear the people were turned out ; it was on the p » pr tbat those masters who would give the men their prices should be workud for , and that tbe people were to support these men who were out of work . I did not Bee T our name on the papers ;
there was nothing about a strike , but something about tbe prices ef labour ; there waa nothing about Chartism ; in my judgment you bad nothing to do with the papers ; that was the only meeting I attended in the month of April ; Richards was there ; I have seen him scores of times ; when I first saw bim be was coming up to tbe meeting , ab"Ut twenty yards from Jerry Yatcs ' s house ; I waa there about ) from ten minutes to a quarter of an hour , I swear I saw John Richards in Hanley on tbe lOtb of April , and be bad breeches and leggings on . I saw Ellis at tbe Crown Bank , on tbe 10 th of April ; I know hla person jwell . I had known him about two years , and saw him at the meeting on tbe 10 th of April ; I mean the 10 th of Au ^ ubt ; I have gone to school some times ; I know tbe tlifiVrence between April and August ; Ellis waa present both at the meetings in April and August ; 1 will swear thai I saw Ellis and Richards at tbe meetings in April and August ; I do not { know that ( am speaking falsehoods ;
the reason I attended the meeting on the lOch of April Was that there was a funeral close by ; I had nothing to do with it , but I went like many others do whuu they go to see the funeral of a person they have known ; I had only known ! the deceased by sight ; to the best of my knowledge that was the first Chartist weeting I bad attended ; I ( was going no furthrr ; I was . going to the head Inn in the Potteries ; I was merely going by at the time ; t might have come to see you if I had known you Were to h& there , but I did net know it until I got down , '; I came down sooner because there was to be a funeral ; I had not heard of any notice of meeting having been given ; I did not atop more than five or ton minutes , or from ten minutes to a quarter . of an hour ; tbe people sung first for about ; three minutes , and I went into the head inn close by ; I stopped in the inn two or three hours , and came out afterwards when I heard ! you speaking , but did l . ot stop there ; I stopped in the inn after the meeting was broke up . The reason I went to the inn was that I went to visit
a young woman ; I was not iu love , nothing at all about it It was a general thing for ma to go there o . u Sunday afternoon . [ The witness ultimately admitted tbat he was in love with the young woman at the time , but " not very deeply . " ] I stopped in the public house about half an hoar after the meetirg ; I *"< i 3 not long with the young woman , as she bad not done her work . She came in and out of the room ; I could not tell what you said while I was in the room ; I did not come out of the room with the intention of paying any attention to what you were saying ; I came and listened for five or ten TOtnutee , not with tbe intention of listening , but I did listen , though not very particularly ; I did not pay close attention to what you said . I can ' t repeat your words , but you were talking about tbe
Queen and tbe Kings , and the salaries , that the Kings had . You were talking about the Queen ' s bastards several times . You will have other witnesses in that will toll you so . I 'heard the witnesses say so after I h < -ard yoa say it . II have heard them say so sincd 1 came here , and therefore I am sure they will say it . I will swenr I don't know the names of th « witnesses whom I have talked to . Tbey were either witnesses against you or Cappur . I am certain you said that the present Queen had bastards . I never heard of such , a thtag being said of the Queen before . I have not heard her character described . I have not beard that she is a pattern of virtue , and that her private
character is unimpeachable . I was present at tbe meeting about ten minutes or a quarter of an hoar . I was there about that time after I came out of the public-house . You ' were talking about the Quean immediately I came up . It w , ts not about King Charles the Second . I am not likely to mist ; -. ke Queen Victoria for King Charles the Second . I am not sure that you did not mention King Charles the Second and his bastards . I was not mistaken about your saying so of the Queen . I bad not beard of such a thing before , and I thought it was an unmanly thing for any persoa to Bay it i Cooper—So should I , if I bad beard of it .
I solemnly swear ] that I saw you with Richards i » Hanley on the ISth of August , going across the Marketplace , toe nigbt tbat the meeting waa held at the George and Dragon . { Tou bad on a cap , something like the one lying on the table in front of yoa . I am certain you were in Hanley on tbat night , and weald say so if a hundred persons came into this court and aworo that yoa were in Stafford ; on that night . I can't say it was the 12 th of August > but it was on the Friday night What I have said is true . On my oath I repeat tbat you spoke of tbe present Queen ' a bastards , and that you were in Haoley on the Friday tbat the meeting was held . Tbe reason I went to the meeting was that I thought I m «« ht as well poes my time at tHe meeting M
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anywhere else . I did not go to the meeting because I bad beard your observations as to the Qaeen . I was shocked enough at yonr language on the 10 th of April , bnt that was not tbe reason . I thought I might as well go to tbe meeting in Aogast as anywhere else . The cross-examination of this witness was prolonged for five hours . Cross-examined by tbe defendant Richards . —On the 10 th of April yon were at the Crown Bank at Hanley . Yoa bad breeches on ; but I cannot say whether yog bad breeches and boots , or breeches and leggings . ] did not hear any proposal at the morning meeting oa Monday , tbe 16 th of Aujust , for a person to be elected as a delegate to go to Manchester . I was not there , at the close of the meeting .
Re-examined by Mr . R . V . Richards . —I am not at aU fatigued or exhausted . I saw Jerry Yates on the morn , ing of Monday , the IStaof August I believe Coope * lodged with him . Before tbe colliers were turned out there had been a Strike amongst some of them . Taoas that gave over turned tbe others out . It was after tha 10 th of ApriL Samuel Swan , examined by Mt . Godson . —I am « policeman , belonging to tbe Stafford constabulary , r was last April in the Hanley police . I saw Copper on the 10 th of April at tbe Crown Bank , at a meettn * there . My boose is on the Crown Bank . There wer » from 100 to 200 persona there . Cooper was standing on a chair . He gave out two veraea of a song . 7 hg third verse was .
" Men of Entland , yen are slaves , Beaten by policemen ' s staves . " This was sung at the meeting . He then opened a Bible and read a text . He only dwelt on tbe text i few minutes . He then said tbat this nation formerl y belonged to the Saxons , but that they were robbed of j | and murdered , just as tbey were going to serve tl » Chinese . He then alluded to Sing John and the other Bionarcha of the country . He next Jalked of the Queen and tbe Queen ' s bastards . I next saw bim about sir o'clock in tbe evening at tbe Crown Bank . Richardi was there , and some hundreds more- There was s platform , and the defendants were on it . I heard John Richards proposed as a delegate to Manchester . It wai not said for what purpose . Coopar spoke there also
, and announced another meeting there at six o ' clock on tbe following morning . A meeting was held oa tin following morning . It continued till nine . Some on » then cried out , " Now , lads , for Burslem . " Manj were armed with cudgels . There were from tbret hundred to five hundred persons present Tfley Iibg . rated the prisoners at Hanley watch-house . They collared tne , and took me to the lock-up to look foi other prisoners , but there were none there . They then left me and went to the office , and threw out a qaau . tity of constables' staves and rate-books . The siav « j they threw into the air . The books they tore to p ecei They then Went off . and I saw no more of them , AboaJ twelve or one o'clock that night I saw Mr . Parkeri house on fire .
Cross-examined by Mr . Cooper—I have been i policeman five years ; I have not received any moneys account of my giving evidence here ; I have not beej promised to be made a sergeant ; I don ' t remember tha other words of the verse which I heard you give out at the meeting on the 10 th of April ; I believe the wonjj which you have now repeated
" If their force yoa dare repel , Your ' a will be the felon'a cell , " were the words which followed those which I harj named ; I did not see any hymn-book in your hands-I have seen tbe Primitive Methodists hold meeting and heard them sing on the same spot of ground ; I did not hear you say that her present Majesty had ba * tar ( l | —you talked ab ^ ut " the Qaeen , and tbe Qaeon ' s bag . tards ;'' I know no other Queen bat the present ; I nil ] not swear that you meant the present Queen ; I did not see you at the meeting on Tuesday morning , or with the rioters on Monday morning ; the persons fffao came to the watch-house came from towards the place of meeting , but I caa't swear that they were at tbg meeting .
Cross-examined by Richards—I saw Thomas Coopjj at the meeting of the 10 th of April , but nobody else that is here in court ; I did not see you there ; tho » was a meeting at the Crown Bank at Hanley , on Son . day , the 14 th of Augast ; you were at the masting ef the 16 th of August ; I was not in bed when the meeting took place . Richards ( with great emphasis)—Now , my good fello *; have we not been acquainted for a good while ? Now on your oath say to this Court , were you not ia bed when that meeting took place ? Witness—I wji not .
Swan further said—I dU not bear you say , " Not , lao ' a , for Burslem ; " I can trust to my memory for the exact words for a few days ; if I was not certain of ths words , I should not state them at all , but give tilt ) prisoner the benefit ; I did not hear any person endeatom to prevail with the infuriated people at Mr . Hill ' s m the 15 th of Augast not to commit depredation ; * I dwj 1 know that yoa went to Manchester after the meeting os tbat day . Re-examined by Mr . Godson—About two or three minutes elapsed between the end of Richards' ! speech and the words " Now lads for Buralenj , '' T& 8 men who went towards Burgfam bad cudgels in the ]} hands .
William Smallwood-examined by Mr . Alexander—I live at Longport now , but in the course of last summer ! lived at SmaHthorn . I know a house occapied by Wm Pepper there . On a Sunday in February last year , about six in the evening , I heard some persons singing there . I looked through the window and saw a good many persons there . I saw Joseph Capper In Wm . Pepper ' s bouse addressing tbe people . He said , " The words of my text must be to-night , * To vott tents , O Israel' The meaning of tbat is , to be ready to your own bouses . " He cried out twice , «« Are yoa ready ? " Some of them cried "Yes , yes . " He aaid , " Are yon sure you are ready ? Have you got your swords , your gans , and your bayonets ? " The peopb laughed at bim . and then be went on to say , ' \ l sup . pose you think old Capper ' s come with bis physical
force again . It is not a laughing matter . We shall have a severe flght , but it will be bat a short one . " He said , " Wbat will yoa do when you have got tte Charter f Nobody answered him , and he said , "I tell you what I should recommend you to do : we will take the bishops , clergymen , hypocitical Dissenter ] , and magistrates , and put them on board a vessel , transport thorn , and pat them into Affiager , I sap * pose be meant ' Afghanistan , ' to be massacred and assassinated among tbe Hindoos . " Afterwards I taw Cappur again addressing the people on a Sands ; evening , from the windows of a public-house . He spoke apparently to the women , as there was a good quantity of them , and said , " If yoa cannot fight , yoa can toreh , " and I think he mentioned some cities and towns , by the destruction of which the Whigs carried the R form bill .
At the conclusion of Small wood ' s examination , Cappur said that he had produced fourteen witnesses at the Special Commission to disprove what he bad stated ; but be had now been in prison six months , aad be bid not known that Smallwood was again to be called as i witnass . Cross-examined by Cappur—You put me in the Coori of Requests for the price of a grate , and I was ordered to pay the amount by instalments . I did not S 3 ? I would " fit" you oat for It ; but I said , " as you preach Universal Suffrage , I hope you will preach , in future .
universal honesty . " When I saw you in Pepper shmi * in February last year , you Rtood opposite the window ; I swear the curtain of the window was not drawn ; there is a small fence wall in front of the window abort three or four feet high , but I could see over that ; tha window-sill is from three to four feet from the ground ; [ did not set down wbat I heard from yoa in a baofc ; I was examined at Newcastle before Mr . Ashford Wise ; what I tbei swore was taken dawn in writing ; Capptf was before the magistrates then ; Cottrill , of the Newcastle police , never told me what to swear whea I w » ° . there .
After a number of quaatiens with fc * "e view of sink ing tbe witness ' s testimony , C ppur asked him , "Dm yoa not aay to a certain pcra jn that , you bad said many a thing that Cappur never said , but tbat the gentlest of Bunslom forced you ? Witness—Never , to any man living . Cappur—( with great warmth )—Yau Bball have inofi saidt'j you if ever I get out of prison . Ill indict yo » for perj iry . His Lordship reprimanded Cappur for his remark . Cross-examined by Richards—I did not hear you recommend the peaple of Smallthorne to help eacb other . I have been one of the Committee ef t& * Chartist Association , bat not when it bore that name ; when I belonged to it it was called the Operativa Reform Association Richards puV a number of otha questions , for tbe purpose of impugning the character of the witu& 33 . Suuliwood denied the charges implied ty tbe questions .
Cross-examined by Cooper—I never saw you in & life at any meeting with Cappur , Richards , or Ellis-Cooper pursued the same course of cross-examination of this witness aa of those who bad preceded him ; and occasionally received tart replies . The witness was examined by Cooper as to hit views with respect to stt extension of tke franchise , and whether be bad not agreed with Richards in promoting the Charter . After several questions on this subject had been repeated , His Lsrdship observed that that course of cross-examination was a very great waste of time , and could have nothing to do with the question -which tbe jar ; had to decide . It was very difficult to say how much time be might be allowed to waste ; but the present examination appeared to be & thorough waste of time . Tbe witness was farther cross-examined as to tbe towns which be had mentioned before the magistrates as these which Cappur bad alluded to as having bees bunt
It being twenty minutes to nine o'clock , the Court was adjourned till nine o ' clock oa Tuesday morning .
Tuesday , March 21 . Tbe trial of tha defendant * was reramei at nine o ' clock this morning . Thomas Firth , examined by Mr . Serjoa » t Talfourd—I am a tailor at lonstall ; on the 24 th of June last I saw some persona coming near the Market place , about seven 1 h tbe evening ; I saw Cappur and Ellis beading thepeopl « towards the Tusrn-baU ; Cuppur ca rried a three-legged stool in his hand , which be set down , and tben stood upon ; there were 200 men present ; Csppo ' ( Continued m e * r Seventh page . )
Untitled Article
6 THE NORTHERN STAR .
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Citation
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Northern Star (1837-1852), April 1, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct475/page/6/
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