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Northern Star (1837-1852), 13th May 1843, Edition 2 of 5, Page 6

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      COURT 01 QUEER'S ELNCH , Fa : i ' - . Y , M- ^ 3 . CSitth . gs in Banec ' J SENNHKCE 3 ON THE CH £ J 3 . TISTS THE QCEE > " r . COOPEB A >' £ lUCHAKI'S . These dtfendacts appeared in couit this liuming . Lord Clitf Justice Denma . n asfcid if they hsd ary tEuaYits to put in ? The defendant Cv-eper then pnt in an aS ' sTit , e ' sting that the eiidcE . ce gmn ag airs' hiu : t : ^ U f ? > a cLivfU ETM 3 from Epetcies and rct * s : l < -red : « t :- * c been * potea = sd dope fey tie dfcf-. ^ - ^ ts r . n . * otht-i-- ; that th ^ se arose ; from the fact of the c-. si . Efsctur-. rs ' irUntien to reduce the wages of ttcfr v-rknita . At that period great latitude of spe « L hnc b-en al ] ¦ - > * , ' .: by the GovtrEiEtst to 'be magistrac ; - pl ^ thrr «?; .: ¦ y pfcrKEs 2- : " --i- " s-= £ uage -was stit ^ -. ? biE \ tw . \ .- -. by as fi- ;¦ - : ¦ - ¦ - - ¦ lbrreti 4 t * cr . i -cSO . e ! £ - ; , ¦« . . - Chester d paj-tJ called the Ardi B ead Toj Circu -jr , ¦ with tLe iusctk-n of the Corn Lst L ^ z ^ i i . f •*»? .. a ma ^ y of tie ni ^ i strata Were m .. » nU--s ! L » ini-ixx . t then went on to give extracts f / -ui tH * j . i : -: i .-u : n , bet the c £ cer of the court , who rj . Ts . iJ ; r .. : Lt afficaTit , TVis j-toypeci ly Ix-rc De > "xa >" , who said he V r- fl ire sS ^\ : t aid rot .. r * Jn mtch mstUr of that k-. id . r-e ~ -u ! - € it Gic » Ect tr-T nr-y -vs . ^ ' : c " . ' . i ^ ri ' -j " > r c " - » r ; it c . cid in ' y ^ e wax-iti tost . " Th ; trr . 1 ¦ . f r-Pia ¦ ¦ ¦ a ¦ which hue 2 < z : cs * "i let the C-. r . rt coul-l BCt pcrui't Ivor ' s --rsdi . tt oti-. rs who Wcr = cot present 10 be pUced vpon tic £ JCj of 'Jjc court . C per said , ttit be and Lis ? crer 3 ! e fik-d iB --t ^ rcs £ on'i sV ^ l sr * r : tveu if tii-y Kc no : .- > lf » > . to h _ . * e "b ^ -fi ' ST-t rca- .

      L ^ rd Dv > ma > K . a ifc . y w : re n . it t ^ yire oiitr pat : Ur , ur t ; ^ n . ;? : ^ Ev"u ; t of ctLars was di- j . v . ^ neiticr . -.-f ifce ic 3 of the dtfci Usnts . C- < = ptr ^ v . i it we tter f ^ -= ? 'Ln * they ¦*¦ : «> :.-t tte guiltj p ^ rnes , bu : ttat other pers ^ r * Ts-rrc , - whohiij ct-t beeD iEdicted . L r <* . DE > iiA > " raid that h ^ it-sthirg to do "sitLiucitin * to sedition . Cii-ptr ss . id they mus ^ beg the C-Dcrtto allow the afSd&v't ro be rrid . Lvrd De > xa . x said they might Ln ^ e lie benefit of the argument ¦ without tbs Curt htarira tfcat itad , wh : rh iras psiUcujaiiy ofkn ^ sfe , and perhaps mitht be editirca .

      Cc-op ^ r s = 5 o th- " felt : t hard thst they , bs ¦ wciiinc men . sh' -aM be iD ^ if-cd . wLiit tbofeiTho Treie great in the bud Tferc- iun . Tcd t 9 go free . Thi * appeared to them to be somribing like a sueeuiEg of the rich ; it 6 t-ea . ed iiie ose ia ^ w for the rich and taothcr for th ? p >> r . If the sffiiaTit vc = i not re % d . he &b uM fet-1 i « tc > br nr-ju * t . T . ney were st- perpetually interrupted at 5 Lsff > ird that th £ T did cot exoect scch heatniKnt in this Ctrr ' . L d DiM ! a > ihcu ^ ht that Troald hsTe led them to expect it . O op = r ssid , thit tho « persons in authority , to Tfhciii the rof .-i k' i ^ d up , haci Bot I ten jrostculed by the G . vernireLt , ^ hile th e workLrg mtn had ban inliei ^ d . L-rn DZSJJA 5 sid if he chose to put forwtr ^ a cener 3 l * : ¦ - ;! . rr ^ rt to tha t eff . ct , there would be i 3 o objectioL ; bnt the Trhoie of the time was not to be t * ker . np in fcear r ; g libels cLarged on other parties not btferc the Con ? L

      Ox > p = r said » -he £ ffi 3 iTit was so arranged as to form a series cf titrsct ? , « b' -wir . ^ tbeparties who's-ere tobUme . Hi * argument w ^ s , hat ttc GjTemjiPn ' . bei .-g awaie of ti .. * . had tolerated i ; to such a degree a » to Muoait to & sanction . Lord Dexmas said ibst might b * stated in general terms in the afUdsTir , but the CVart could no : permit the affidavit in its present st-te to be put upon the £ ios ci the O . 'urt . Cooper Kjid be felt a strong r . Vaot&nee to take tfce affida-rit baci ; it appeared Iiie assenting to an injustice . I » rd De . vmas wcaM cot allow the sffidaTit to be read ; the dsfead&nts , if tLcy did rot choose to alter the afidarit , m-ght address the Court in mitigatioa of punish n _ ent Cooper said he csM not then ctfei-a himself , and be iciih as " «* fcll iit down at uncc Lord Di . > MA 5— Sit dow-, thes , if you don't choose to address the Court in mitiiraucn ; we giye yen the opportunity if you think proper . Cooper Said it would be iicpossii le to procsed if he was treated , ir tria m £ i : ner . He was about to request the Court to reconsider their des-errn-natirn . If ho ws » thus to be treated it -B ^ a impcsa . bie ho co uld addreasi the Cunrt . The uefendast R : ebrj-ds then procseded to a ^ drwi th ? Court . Be wotld take a short retio ^ pec'iTS view of the rin « tnd or !* j : n c-f these disturbancea which had diEgTEctu Scafiortishiie durl-^ s the snii-mer of 1842 . It iras well known that there wtre ir-n masters cariying on extPnsiTe works in that e = 2 nty . From some cause

      reined -a was macs in rhe Wjee-s cf tht wciimen ; this reduction had fcx-jpsratrd thi- 'r Eindj ; but they had Etrugfcied on with the difncn " . ars arisirg from the reduction for some weeks , whea a still irrtater reduction took pl ^ ce , a"nd eTcntusUy some outrages haJ taten place . They were charged with being the imtigiiors cf the ontrssrs , but he would Bik perr ' . s = von to drvw the E-. tectifn of the Ccurl to c < r . rcna ^ ir . ce which had iranspirtd in tfce town of Burslem some da . T g btfnre ibe c ^ Titr-.-r-ctrr = iit ff " -L \ wtre term-: fi tb-v Pottery riots . TL .-rt w ^ s * crue C'Vcctioz aurfc ¦ icr ? r . e Euppcit tf thes * wto were cut if cinplcyiaeEt . T . ^ y coLgidered thcms ?] Tes to bt innl-i-i . they were arrested sia <; eoa . niitte ' ' to prison . Th ? n >« , - uniiied to : bat kind of trtatEifn * . immcaJa ' e ^ 6 L . er -tine \ on tfc ; rrlet ^ e of u-eir nvghb ' ars . They Lc-ccjupiished it . Tcis was two weeks brfors the cct . - ^ e , &r . d i : could n- ^ t be said thit he an I his friend Cooper coald be the icsrigators . Tie C-urt would see rhar the crlein and cause of tha < :- _ : rires did not lie with km ir ni 3 frierrd , bnt Diust ' o ^ vLc ^ . i to the acc iuct of those whn hrd turned th ° 3 e ricn Cut of employment , aiid had exasrerated tbe minds of their workaen . He ccui i net be the instigator of a thing of which he knew uotbire as . i hr . d no actirg part . Ko man e- dM r ' ej-l re vhv . bad taken plr . c * more than irm-8 ^ if . Ee tb""nsr . t mm b : " s ger-erJ cha-arter , eetct haVing beei b-. forfe a mMistrate for thTty years , that thr C art wouid prB ^ a ^ ne he bad not been such an in-Bti ^ etor . B ? hcp » -i thit circumstance would hs" » e its du ; w-if bt upon tLeir LordEhips' ruinds . He admitted that be ha 4 r-iccsmeadsd a ce * ga * . ion from labour , but wilL tiest- cor ditior —that evcrr man shouid k = * p hint-Klf iob _ r and not £ -cotne a bur : ea on the parish . That Ed Tic * - "tt "_ s not acted upon , ard the unfurtnnate occurrence : o- - > S jlaca . Hs lamented thiJ many of : he guilty psrti-s sc .- ^ j Tmcer the irflutner of liquor , Th » re exifte 4 no proof that he had in th * slicLte = t degree instigated any of tls % se parties to acts of violent . He would rtfer to the eviiene-e of Andrew Rowley . Tt . st w'tnets s ^ ore to facts «? hich he must feiTe known to bsTe been f . 'lse He wcuid call the attmton of 'it C : urt to the eTii .-nci'jf z person of the came " 0 / Forrester , and ti the ir-. rtin ? at Siokr . The meering ¦ flfes conTened for the purpose cf o taining r . & ^ s for the sup tort of ttos-c who are in distress . It waa i-a'Jed together by the iu * . h « riti = s , ann held bj th- ° . r consent ; as that Tis

      the case , the me * = tiig could not be c itsiderca as ill'ga " : ic its character , ^ nd he ccu ' id not concfeiTe hu ^ his Etler .-di ^ c * at that zueating could be considered as a brw . ch of tht ; sw . particularly a ^ his on y object vras the relief of his feiJow creatures U .- dLrrets . Forrester sUtt ^ l thit Joseph Capper r-ff-red to grre up hi = p ^ perty proTided sry orhtrpcrern attending the tnc * tirig -w ^ uld second the ir > "r > on . Ee did not taluk that tbe eTidence of Mary Brcdley , who Wi 3 the wife of the policeman , ought to hsTe been admitted . He had Qrc ? ar * d that he had an obj > vcticn to Berre in tL « army . He did not think that his objections 0 : 1 this grciu ; : ! cccht to ha ? - militated against him . Tie obstrv ; iticz ; ~ Z 3 mice in the course l- / private cjnrersation , E- . 1 it was monstrous iijastice that this cb-» c : Ta : "; s should be brought i ^ r . inst Mm . Tb- ; witness Bij .-r . oT 2 was \ itt \ e leas than a min-it He could

      * i ; h i : tt ! e d ^ snlty ea sbiish was : ; - sc . and jiini . and his eTidence srair ^ ihisi w _ ~ worth little or lotbiug . Had he been perait-. r-t . > .= cvuld haTe pi&-: Bcsd the most respectable cri-ience to snbEtantiate eTcrj thing that he haj stated . H 2 had observed , and would repeat it aeain . tfcat tfce ls . boorin § man had no protection , ind tter ^ fcre he r .-i recommesded the adop * ionof the Charter . Tni = hjd pr ^ iucsd great discontent among the ' i ^ r- ^ nue cl ' - ^ es . gi v-B risj to atgrj feelings , ar , d ie-d to the sets .-f rioiesce of which they hsd besn chariii . He ni-. ntiiribd that uniTcrsal

      representation w ^ s a right of the pecule . As the pos-Bession of tbe el-et : Ye fraueLL-- bettered a man ' s condition , it Wis natnril thst their doctrine should mett With such urdTcr =. ii ^ cp ^ -rt ^ ns-. Dg the labouriDg cli 5-ses Hid working iijen , Witt .. ^ t tie poasessicn of this right tbu p > ir it . iti cca ^ d not b ? elrVa . ted in tbe conoitiv uf sccitty . Hs . r ; pn nu ^ i tbe imputation of b 21 z . 1 i a I > - * tract : Te , If it vr ^ rr & crime to advocate UniT ; - - sal 5- : Jr : * 2 v , he zh ~ = t : ; ti ^ a- as long as he i : v ^ ; r > & .: l * :: t ; i ~; ti iLi ^^ ioS" ze > . Hi had tniftilei cm .: i tw-.: y j- ^ lj- of r \; / ::- a-. i Lad seen tuuih vi Jtsuiatlu-. ; he hy \ Sv-rc f . ¦ -. "¦? n * ik-d ai-d s . arvi' -. g ; sna waB it iar t rising , hr .-rii .. s-. r-r this dutre ^ f . th _ : he shoul ' . fcfc ! 1 _ r ttt- jufftrwi f his fdlow-tr-atures ? It v . _ k to _ in tlciie tt 5 . liiticu tLat the People "? Chafer wf : s 0 TijT . 3 \ tc ( L Ttfe po . r Jsls of the minirg dibtric s »« = '— a state uf o !» -v ^ ry Lir u > : z rf ' .-ivir g thi :. tL ^ ¦ wo . ^ t , ' e ^ cripti--: cf ii-vtry in the W \» t Icaian I'latdB . Eb hi-i bbtn in thu VTett lid : ; J ! , aso spA-- ; fr , > m j-acuil . 1 . x ^ erlrncc W * ' : t nuta btnsT ^ latt ohj .-ct to c . dfATour to all-Tia ; e ihs CviiT . tioaof th- wort-ng p-. olU ? Ai fvr tbeBi ^ k ; . it wi / uid be of no acrTiee to hiuj " zt u & means of protecting the poor from the Tccgca ^ ' t-t . » t totti richer ntiihtxmri , he fiTicatbd secret vutinj ? . With ragird k > the abolition of the pr ; p * ny qnali £ - Cition , the ChaniaU ouly diim ^ j tLa t which "he ; had » right to by the ancient principlai of the coufctitation .

      The ChATUiU also adrocatad cqial electoziil d . &tricU throughout the eonntry . The *; were the Tiewa of the ChftrtiSU . He hxi &dyoc » ted these prinrple * for the la » t fvjrty Jten . Hia tetors Were Charlae James Fox , J&ijM Caitweight , * &d otfaci bmiaesi mtn of that day . Another eotuidaatioa be wished to bring before the Coon was , that be had a ' . ready b * 6 n inc ^ ctraEed twtlre Wvlk i He appieU fv » r bail , but whether magistrates understood him or nctf , he did not know , bat he - » ais not bailed . He ha " , n ' jt then b ^ en trird , and was on ^ y charged with a aii . * ieaitanuar . He had for three week * emir one pound and a hiJf of br ^ i a aay and the pump . Wm that tbe way to c ^ a j-iste hi- nvnd ? If thst w ^ . « the inttnkion , wks that the p-an vj ^ iop : ? Ti ! t-y had

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      r ¦" - e : his ! "r rc ] . les vpon his n :.:: d b > ii .-..-: r cui due :, i -.. - ^ -is a- <" r s .-orce—thv 1 ti- petu ^ i . t jf ? . ; cu > iiu- -n \ .-itii U'W-iiua him by ttose who ha > l formeriy Tf 5 i « .--ttdhim , ' ind thought it an honour to walk with h-Un . One of the constables asked him & few days bc ' -re Lis arrest why be dij not rua away ? He ansvrx-rfrd , no . never wonld he rnn away when he was not guilty of a crime . He belieTed all that was wanted was tbe bsnhbment of himself and a few others from the toirn . although he had never injured any one . He w .-uid not advert to his adtanced period of life , bnt let Lh C-. cit consider th-j txpence tn which he had been put in d-rfendir . g himsfelf , and fee thought the Court wonUi then think he bad been prelty well punished for a 0 vuL-2 tin £ the People ' s Charter . He hoped the C > urt w nid iuvk at all the circumstances of mitigation which :: iuJ . t a- ise to their minds from the arguments he had

      - ' .. * <} ii bis fi « vonr . T ~ e ( Irfendai-t Caoper then proceeded to address the C 'srt . H ; . d the amdaTit been admitt . d . it ^ ou'd hhTc al ' . p acd tL . vt they had erred , if they bad erred at all , ; n f l ' owing a prrceaent set them by tbe Anti-C ^ vn L-wL'Siue , and tolerated by the Government . He k- -w r hi-A bren observed by the Judges that the concur" of tc = Anti-Corn Law League wjs no justiOcation fc-i b : s a ^^ d fritJi ti and himself ; if the Ltagne bioke the law , it gave others no riRbt to d » the same ; and he knevr that more than one judge bad said , that if the Lr . azue had done that which was alleged against it , tfao psrtles 1 tght to hafb been indict-eii , and that if in-• . cU ; ' , vhey would be convictei . But so far from y . r . . i ^ c - > ut the League broke the lr . w , his fiitnd and Lii _ . ' - . f :. rgued that they weie f . lowing the exarnp ' . e -. ¦ ¦ : n-l ; n vffite , and that they r . ust be keeph g the i _ -. T 1 . : ,: r aking it- It was imp i . 'sible that tfce coml ... s , ¦! x tould bo at ail u ^ &ie that it was wrori : to iu :: ' . ai < . lii-in who were abuve thrm . Their co ^> iact ¦ 9- . ^ i- « m . ttrcl by the G >> Vca- ! -iEeat , and how could the c .. » f . ucu ; ed purple Ic-. w that they were wrong ? Evtry n . £ Ji ki . Cw wuat was meant by ri » urd € t , and oti . tr srlmes of iL » t ur . Ui ' e , but tLty did not know , nor did he majority of persons Lu tbtt court know what was n-ea . it fay sediticn . The Goveriiment alone knew It Tti G- > Tcri : nieiJt knew what they meant by sedition , whicii ¦ w as something tending to bring the Government into contempt ; and conspiracy was something tending to brine the Government into danger . They could not loEa sight of the fact , thnt a large number of personB wLg welt wealthy und tubstantial had used language f-r months past far stronger than any used by himself tr his friend , and that those persons were still at brga TLey Feit they were treated with great injustice . Trey had read criticisms upon the acts of tf . o G ^ r ^

      rnment in tbe Ardi-Com Lav Circular , the Morniny Chronic ' e , tfcs G ' obe , and other papere , in which was language more ii . nammatcry than any they had used . Tbe defendant then expressed his thankB to Lord Chi 6 f-Justice Tindal , « nd the judge who bore O « o honoured name of Erskine , for the kindness and urbanity he bad received st their hands . He also thanked tht- S-licitor-Gdncral for his conduct towards him , and be wished he could extend it to Sir . Serjeant Talfourd . The people imagined that what was allowed to be said in 1840 might be peimined in 1843 Although tht ? affidavit was not r-. ceivoti , yet as son . < 3 observations were permitted him , he truitcu tLe Court "would conceive that they had strong ground fu ? praying mitigation when they could shew that persons in authority had used such strong 1 uniace . In the Qzw / terly R ' . vicv :, limes . &j ., it hid

      bten siattd that tht Anti-Oorn-Law League had spread sedition through the land . These facts had been stated o"ir and over again by the organs of the Government . E » ery cne knew what was meant by murder ; common people know that murder does not sanction runnier ; but it w&b evident there is a broad distinction between that and sedition—thus the eou-mon people might presume that when strong language was permitted to persons in power , those who take them as their example might think themselves ill-treated if they were not allowed to adopt the B&me He . As the Government were the only judge * a * to the extout of comment to be made upon their acts , if people suffering complained , sad it was natural they should , when rxrn in rank used such langnage , the defendants stood , in their own conception , justified in following th > -m . Those persons remained not only unpunished , but unchecked , and . he complained of the eonduc of the Government itself , in not acting in a fatherly manner . If it allowed the wealthy and those who sit in the Stcaie-house to spread sedition , the ChartisU felt it ex . rtniely hard that snch & Government should cause them to be brought forward for punishment . It was not their object to cry to the Government to proj -cute the Anti-Corn Law Ltsgue . Songs had be * n published by the League , and yet they we-e pe : mit ; ed . The Chart ^ a in their hjams bad never used such language , ^ nothing was so like to raise into rebellion as the belief tfeat there was one law for the rich and another for the poor . The Government could not ple&d ignorance of the real cause of the evilR ; every common man knew that hia betters read a'l the publications which contained snch ar , > uments . that the conviction of the Conservative party wss that the Anti-Corn Law League were tbe authors of all : he outbreaks . There was a wide difference between that case and thost * in Lancashire . I « might be said he was mixed up with violence ; that althi . ngb he nj ' i'ht Epeak in mitigation , he bad no * legil arjrume a 1 V > uTjje . Hb had noticed tho intense eagerness of ttc L--rr . tJ Serjeant to remind the STions Attorrt ; -Gc .. c : » l , who did cot fcefcm nmch incii :. eJ to ¦ r iiiuroc the case , of every circumstance- that boie 1 ' :::.-u . irlj again = t him , while the Court was reading tte report of UK evidence yesterday . As those things j 11 .: ' y would be urged ag ' aisBt htm , he would direct bis stte ' -. tjon to the m- ^ in poiiit . It ha-. lbten said that he had born called by the Morning Chroiddt the precursor of the Pottery outbreak . He had read the observations of tbe Attorney-Geix-ral in the House of Commons witb jjreat snrprise . He thought it exireme ] y hard as he -Has net at trial that he should have been proceeded ^ ain ^ t . He did not deny that he was at the Potteries but if it » a &ny conspiracy , it was ociy a conspiracy aramst ¦» io ! ecce an 4 against sufferipg , bnt he repudiate-i the rmputstion of the Morning Chronicle that he was the pre « arsor of these ontbreaks . He wished to direct the attention of the Court to tbe p ^ tebwurk - cf whica tbe evidence against him was composed . There W £ s a r ^ al incomp ^ tency aboutlthe evidence of James ,

      Davenport , the surgeon , and ctbera . James observed that they should not cram the Charter down his throat , and yet he ssid he did not know what the Charter was Tfcis witness was an uneducated workman . He ( James ) said tba . if he had to pronounce eentencs , that they ( the Cfc artists ) should have feurteen years of it . Tnia man sa'd if Richards that he ( Richards ) bad observed , a ' lJudin . to the Queen , if these we tbe Queen ' s * yinpatbies , then to hell with her . Now Richards had not utter-d at any public meeting at the Sea Lion any nuch Iatguace . The chaiiman and many others who were present at that meeting had r . ot heard hia venerable friend Richards make use of any rnch lacguuge when ppea ^ irg of tbe Queen . Hs was , being a minister of the gospel , incapable of doing so . He bad

      oe < . n cnarged with coiamitting araon , and when this point was urged against him on his tml , he had inteirnpted the Learned Sergeant , and he had declared it was an irrelevant point to bring against hitn . Brennan was one of the incompetent witnesses He bar ] aiked whethtr that man was insane , but he 1 ad ¦ > etn told that that was an improper question to ask . That mm was not a proper person to place in the witnesa-box against him . Hs had asked that witness whether he had net been in an asylum , and he observed with jrr = at violence that he had too good a head for that . This witness , it was proved , had in his possession c _ rt = in stolen bottles . The policeman who gave evidence against him had been entreated by his fellow policeman to come forward against him , and repeat some words which it wss represented had fallen from him < Cooper ) when confined in a watchhouae . Tha policeman Lad Baid that he ( Cooper ) told him that he

      was present at cne of the fires . Such was i . ot tbe fact . GrolOsu , ! tk and Drvonpori were also incompetent witnu-scs . The latter , 5 * wss obser »« d fey the Court , had most singalar notions on the subject of sedition ; this Mr . Dsvonport observed , that saying that the House of CominoDs aid not represent the people was sedition . He 1 Mi . Devonport ) did not appear to know that this lacgu ^ e had been used , Dot only in newspapers , but by merubeis of the House of CommoTia . Mr . Cbbden bad stated as much-, and yet such was the ignorance of this ¦ wi tness that he did not appear to know that snch expressions were extremely common . If the Court would r _ fer to the evidence of Rowley and many others , it would b = f . nnd that their character was extieru ^ ly dtfr-ctiva- He complained that he was to be punished on the evidence of ; die vagabonds , perjurers , and men ef tbs most depraved character . He wt > uld iefer te the evidtuc-j of Michael Holt . He trusted

      that their Ljri 3 h ! pa would not give any weight to the eTivlence cf that witn-ss . Michael Holt , who wa $ s MethodUt , exrrc ? std himielf Ehockcd nt .- ' * iCv-vp-. rV' notions on the euljict of the - ¦ s ibcath day , the Trinity , and the eternity of punishment . He ; Cooptri certainly exercised h : a n ' gLt to thii ; k for , hiaLie ' . f on thesD points , and considering tbe latitcde of fpinion alio-sced on such occasions , he felt that , tbe Court wou . u not ailo-w this f&ct to militate Gainst him . With respect to the burning of Dr . Vile'B bi . usb , it was ro : established by the evidence that be L _ ii b-tn imp . icotcdin that circumstar . ee . It had bfetn > a : J , that he had Instigated others , and w . \ s himself c unjcttl with tbe burniug of BfcVcral other houses tck :. ging to the clergy , acd th ? only proof was the jja ' -crvt ^ Tk evidence to V ^ icb he had r-: f- _ m d , and tho fatt of hia baring uatd Ijsguage ngainat the ckr ^ y . Was hf to bo airiigned for bting a UUtamn ? He was inforuiel that tha Learue-u Strjeant himself ( Talfourl ) enter ^ ineil Unitarian principles—that tfce Noble Daie who had recently been bnried was an Unitarian , and that he had inculcattd such notions iuto the mind of the hiHhfcst personage in tha realm—that Archbishop Whateley , and hia Bight Rev . friend , the present

      Bishop of Norwich ( laughter ) also disputed the doctrine of the Trinity . Why even Br . Paley , the author of tbe Evidences of Christianity , was aa Unitarian . ( A laugh . ! Perhaps the meagre term Unitarian was not sufficient for tbe Learned Sergeant If be found dignitarius of the Church , eminent writers , in favour of Ciris-tianity , s ^ id individual * holding high stations near the throne , entertaining such opinions , sm ^ iy he ( a ' Oiking man . was not to be punished for following ttv / r txample . Thtu , ag . dn , h « was not to be air ^' . gntd for disputing the idea of vhe ctrTniy < . f punishment , or the divina origin of th-j SiM . ith . He was capable of reading the le-sUnitot in tie original Greek , and he maintained

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      thit ti : tre v .. s no r . \ s .: Word to ha fou :. d in . ' - Gr . ck nui . 'urc ' .. Tt : ' L . c « J Sc-rjeint on a prcvi « 'U 8 occaeion had tauuted him with vr . nity , that was a tubject on which any man might bo allowed to be vaii . He had learned himaeU ten languages , ere he was tvrtuty-three years old . He thought it was exceeding bad taste in the author of Ion to accuse him of vanity . He might some day write a tragedy and not spend ten ytarg over it , yet the Learned Strjeant could eneer at n self-eduoated shoemaker . Ho did not expect euch * neer 3 from the author of Ion . One witness stated he

      bad said the Bishops were rolling in splendour while the poor were starving . Tfcat might be callotl sedition , bat be believel it . The fact was known to » 1 ) . C'Uid he or a teacher tell the people that tbe right reverend fathers in God never rode in carriages , wore horse-buir wigs , or lawn sleeves ? Could he say that they -were patterns of their Saviour—of the man who clothed the witlow ? , and wiped the tears from tbeir eyes ? He must bavf tain that which Lad b'ei : contradicted so often . Could he h ; ive toM the people that which was not true ? Wtiat was better known than the couplet from

      Hudibras" What makes a church a den of thieves ? " A dean and chapter and lawn eletves . " He cited HoicitCs Principles of Priestcraft— language much naors strorjg than hia had been used . That book had been permitted by the Givernment , and had been largely circulated amongst the working classes . If it ¦ a-ere just that be should receive a severe sentence , waa it right that tfcat book should have been suffered to exist ? The utility of the archbiahopg seemed to be to wield their mitTes sit in Parliament and assist Miuisttrs , and manage their large domains . So far from this being a novel heresy , a writer in . the uiiddle ages bad said that poison w . is poured into tbe Church . It was said tb'j bishop had no rl ick , but bad to eit in Parliament , rtc ive his iarge revenues , and sit in his temporal courts . He hoped tbe Court would pardon a poor Cuartist pref . c-hir , who bad only attacked ihe

      bishops in the same manner as those who had gone before him . Bishop Portius bad written that one ruarder made a villain , millions a hero ; and yet that very same bishop had af turwania voted for a war , and when asked by a whty peur whether be had not written those lines , he answered they were not written for that war . Bluckwuod , in hia magazine , bad said in answer to a question , why ^ aa such a person made a bit-hop ? that it was because he enjoyad the relationship of some female favourite ot r >> a' . ty . When be had all tins before him , ¦ w ^ s it t » be siiil tha t he was to preach tae contrary ? Wib the Cuurt thun to Band him to a prison for years or month * ? Latimar ami others bad said so much , Mid Litimer bad said that be would be unbishoped if his sovereign opposed Christianity . Hu had seen the fire flash from tbe poor men ' s eyes when be preached to them the conduct of theso gieat men . Was that to he called a violation of the law ? As

      the poor hid to pay taxes , aua as it was understood that the wealth 0 " tlid b ' sbops formed part of the taxes , their riches bore hard upon tht labour of the people . If all Chartists were put ' n prison to-day , tbfy would preach Chartism t ^ -uiorrow , ;? nil un'il they were convinced they wtre vr-ng . The defendant read avast number of extracts from Howitt ' s book . The Government Had permitted thia hook to be sent into tbe poor man ' s house , and why then should the Chartists be prosecuted who had net nbed language anythiDR like bo strong as he bad written ? He said tbat the bishops of tbo present day dil not follow the example of Christ . He said no moro than many others had said before him . This ought to be taken into consideration when tbe Court came to the question of instigation of punishment . It

      was txtremely hard tbat Howitt and other writers , who had openly advocated opinions adverse to tbe existence of an established church , should be allowed to escape , and tbai hs and bis venerable friend should be brought up that day to receive sentence for inculcating similar notions . Why should there be one law for tbe rich and another for the poor ? If be was to be punished for honestly expressing his opinioBS with reference to the abuses of the c !> arch , and incapacity of tbe ckrgy to teach thb truths of religion , he would retire fiom that bar to his prison with a strong sense of the j ; reut injustice of the sentence . He most solemnly said tbat he did not ii'Stigate to acts of violence—tbat he dirt not commend it . The Learned Strjoant had sneered at his tCaoper " sj havina used the words " peace , law , and

      onier . " Why should he be sneered at for doing eo ? Witnesses had sworn tbat be bod at public meetings cautioned the ptc p ' . e as ;> inst acts of violence—that he had urged Dpon them the preservation of the public peace- He did not complain of the conduct of the magistrates of Staffjrdsbire : they tad always treated him with kindness . But he did complain of the questions which the magistrates put to a witness . The wit * ness who heard his speech at a publio meeting waa asked what was his peculiar look when he was making that fiperch , and the witness said in reply tbat his ( Cooper ' s ) speech was an " innendo" speech Was tbe evidence ot snob a man to be taken ? He told the people tbat they were wrong to indulge in drink , or to destroy property . He was a temperate

      man himself , and had not tasted liquor for two years . It had beeu said he talked about the harvest and yeomanry . The witness diu not swear to any connected tntences , but merely to di *> j iiU'jd words . Hu had Certainly said that tb re wtre only ten solrlitra in a p . rticulur town , but be did not do so with tbe view of promoting violence &Bnjyi % the people . He certainly advised the atopj-age of all work tii ! the Charter waa obtained . The jud ^ e on the bench himself , said that he \ Cooptr ; was perfectly legal in recommending tbe cessation fro'u ! atour and the adoption of the Charter . Hj had not told the people to go and take possession of the harvest , and yet that had been charged against him , and nx-relj in cunsequuucti of the witness who talked of hs ( Cooper ' s ) inuetiiio speech at

      the public meetines which took place just prior to the ontbreak . With regard to the evidence of Palmer when be was prttoeil in tbe Court , be ( Palmer ) aaid , that he would u < . t 6 * ear to bis ( Cooper ' B ) having said that it was " right" to commit acts of violence . It had been said that be ( Coop . r ; had declared that he commended tbe men for " turning ont tbe handa ; " he used tbe words , "turning oat tbe hands , " na a technical term , whish me ^ ut inerrl > cessation from labour . He knew aa a democrat , aa a man , that be had no right forcibly to oiiupel men to cease from work . There waa no evidence to establish that be had instigated others to acts of violence . The Staffordshire paper had accused him of little less tbau treaaon fur examining Rowley in court for four hours . There was no doubt

      but that witness had committed peijury . This man swore that I was in Stifforrt on the 12 th of August , a short period It fore the outbreak . Why , ft thousand witnesses were prepared to prove tbat the statement of that witness was false , and tbe Learned StTJt-ant himself admitted that tbe witness had taken a false oath . Andrew Rjwley said that be ( C » oper > talked a ^ out tbe Queen ' s bastards , meaning , as be sabsrquently dee ! artd , that I meant illegitimate children . Whtn this man was prrssed he could not say what Queen I referred to . He entertained great admiration for her Majesty . Ke knew what every person acquainted with the pipers knew—that the first act of her present Majesty when she ascended tbe throne was to banish from Uiu palace the illegitimate children of the preceding m . i'mroli . He niOBt emphatically declared that he never utteied any language disrespectful of the reiqning sovereign . It was altogether false . He l

      had always said , that if a te-uth part » f the popuation of the kingdom ¦ would come out unarmed to support the Pi = ople ' s Charter , it wonld become the law of tbe land , and he repeated tbat now . The Learned Sergeant had rt fleeted npon h ; s democracy for asserting that one-tenth part or the minority should attain the Charter , but tbe Lesrned Serjeant mast be aware that the mass of the people were always apathetic and that every great work had been achieved by tbe energetic few . The same thing had taken place at the time of tbe Reformation ; it waa the act of an energetic few . He meant nothing about an : " : ; the people were far too poor to purchase arms , A witness had stated that he ( Cooper ) b . id told the people to go away and attend to their business . Was that a mode of setting fire to people ' s houses ? AH the outbreaks and the fires had been occasioned by the anti-Corn Liw Li&gue . The poor people were now Baying t ^ at there was no God , or he would not have allowed them to suffer so much .

      This error he had always endeavoured to point out , and to assure the people that wfaen tkey looked at this extraordinary worin of C"ntriva :: ce 8 there evidently must be a great contriver . It waa because true Christianity had gone oot of the land that things had ceased to be in common . When Christianity returned f then the true brotherhood , or what people called Socialism , would again exist . They stood there to say they were not the encoarwjers of the ( utrrges tbat had taken place ; they knew nothiD ^ of theni . Tne re < U author of the outrages was Edward Abinsjton , he was proved to have in his possesbicn a silver pencil case , the property of Bailey R .-se . stolen when his house * was burnt down . He had assorted that he inUnded to have the initials taken ont , bide it in a bottle of oil and get his own

      imtia . 8 engr . ived , wr . en all suspicion was lulled . If it had not b-itn for bis ignorance of the rules of the Court , he cunld bave brought otber stolen property home to Abingtcn . He web sten on the Dight of the fires rubbing his hands with glt-e and saying what a glorious blazj it would be , vrh ^ n the house caught fire . He was at Fenton , vhen the outrages took place , giving drink to tbe men who were ru ^ hic . ? to the scene of violence , he itwas who threw out money to encourage the men , and asked if they knew where Bailey Rose lived ; was that inuebdo ? Yet Le was at large and encouraged , whilst they were to be consigned to a felon ' s cell ; yet thia was a witness whom the Learned Serjeant termed respectable , a man who fuinted in court from the enormous weight of q ; b own perjuries , and one whose conscience would not support in his villainy . He , the calumniator of

      tbe injured Ellis , who was convicted on his evidence , though he had previously declared that he was not at tbe fire , or he , Abinf ton , must have seen him , though he only swore he saw him for & few minutes , and then only a side face , and though Ellis distinctly proved an alibi , yet , on the evidence of this convicted felon , this perjured tool of the Corn Lav * League , wm the noble Ellis sent across the seas . This Abington was tbe confidential servant ot Mr . Ridgeway , the great Corn Law Repealer , vfbs entrusted with the education of his child in the business , was a delegate to that Conference in August last , where such strange resolutions were passed , which assembled only a few ynrdsfrom the present Court , and assembled to defy the power of the Government , yet these men were at large , wearing their honours thick upon them , whilst him and his friend

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      lac tv * 'i poor shoaiiiaU' 13 , Weve t , ' : u ; s : a utlor < - ' h \ s L' > rdbirp . The L arr , f )( t S-.-ijt-nnr , had Hi , eeitd at fun reputation of Peace , Law , and Order , was it Btw . jie that a man surrounded by dangers with houses in fl imes around him , should insist apon tbe necessity of law and orJer ? but it was in vuin that he cried order , whilst a dem n like Abington rubbed his hands with glee at the si « ht of tbe flinies . It was in vain that he c"ed Peace , -whilst a demon in lium » . i form was inciting and encouraging them to violence . They stood ttu-re to denounce Abington and the League , as the authors of the outbreak . What cured he for an imprisonment of five or ten years in tho cause of truth ? He should glory in it . But they complained of injustice ; but they could not forget that numbers of poor persons had b » en sent over the sens for

      having Ken iiutt-. a iu these outrage * . He had heard the dunking cf the r chains at ten o ' clock at night when they were beii'i ? s «;\ t a ^ ay . Amoup , them was E . I 13 , who h . id betn convicted on the evidence of ft man who was the iinniediatu a *? nt of the Anti-Corn Ciw Leaiiuu , through which tbe whole of tb" outraata bud bem occasioned . The Lc-. i ^ ite bnd contended , that the abolition of the corn laws wouM relievo U ^ e poor fro m their sufferings—he bad always urged the contrary . A . t soon as tboBd laws were altered the manufacturers would reduce the poor man ' s wages , and be would aoon be in a worse condition than he was already . He bad seen about one hundred and sixty prisoners durtug tho time he . was in gaol , and . only ten of these persons were Chartists , and the only person who bad avowed hiniaelf

      guilty of participating m the outragutt had been 1 . 1 smisaod from the Chartist society for bad conduct . He urged tbat tbe manufacturers had cjmbincd to injure the poor man , aud wished him to join the Anti-Corn La ' . v L ' . 'ftgue , but the poor man said—it is true the coin law may be an evil , but give ua the Charter , that ia what wy want The dtfeudant then rtail passai ^ es from different pamphlets to shew the distress of the common order of workmen at Leicester ana at the Potteries , aud then usked their lordships if they could wonder at tbe people becoming Chartists , or tbat the starving poor should take fire and become paiticipators in outrages ? A poor man , hia wife , and four children by hard work at stocking making , if they bad employment , could earn 14 a . a week , but when a deduction was made from this

      for rent and other things , the net sum was only 6 a . a week for the support of a man and his wife , and four children . Could their Lordships wonder at these people becoming Chartists ? The defendant Cooper then read from a Government report a statement of the ex idling amount of distress in Nottingham , Glasgow , Leeds , and other large manufacturing towns . The misery to which be had referred had driven men to . the commission of acts of violence under the idea that tbeir employers who cried out for cheap bread were leagued against them . If they turned Chartists they were treated as a public nuisance . If they turned Sociulibta it was as bad . If they urged tbat there ™ aa no God , or He would not permit such misery , then they were Atheists . If the clergy , like Bishop Latimer of old , were

      to ' gird on tbfcir frieze coats , take the English Testame . it instead of the Greek , and visit the poor cottsgars to see wiyther they wanted bread or clothing , then there would he no complaint of want of affection to the Church ; there would be no want of attachment to its ministers . Mr . Cooper then detailed the content that , until the fow last years , prevailed in Lincolnshire , and stated that he had imbibed the ennobling principles of democracy when only fourteen years old , by reading the glorious history of Greece ; but his opinions then were only theories—he had then no practical acquaintance with otber aimilnrly constituted minds . All were then contented and 11 arishing ; but even in Lincolnshire , discontent was now raging . Peel

      was now putting his hand into their pockets . He had never heard a Chartist lecture until he heard Mason lecture two years ago , when be went to Leicester in his capacity of reporter . He then found that the principles of tbe Charter were his own principles . Till that journey to Leicester , he nevtr k ew of the amount of distress which raged in tbe country . Mr . Cooper then described his astonishment on bearing tho low rate of wages paid in Leicester , and stated that from that hour he had determined to endeavour ti > relieve the sufferers . He had left a situation worth £ 300 a year on account ef bis principles , and would sacrifice everything to the cause of trutb . He hoped that their Lordships would permit him , as he felt much exhausted , to proceed with tha remainder of his case to-morrow .

      Tbe Lohd Chief Justice—We propose to hear you out tbifl evening . Defendant Cooper—I perceive tbat your Lordships ' judgments have been prejudiced against me by the various publications to wh ' ch I have referred . Tho Lord Chief Justice—I deny tbat we Bre influenced by any sucb motives . You bave needlessly occupied the time of tho Court by reading documents and papers vrhicb have and can bave no possible connexion with your cose , and I cannot comply with your request . Defendant Cooper—I feel myself physically incompetent to proceed with my case this evening . I trust that yeur Lordships will permit me to conclude tomorrow morning aa I have the most important part of my case to go into . The Loud Chief Justice said that the Court had detennvd to sit tbat evening unt : l tbe defendant concluded his case .

      Tbe defendant Cooper then proceedrd to read various extracts from the Anti-Corn Law Circular , embracing the sentiments of Dc . Biw . ing and others who were connected with tbe Anti-Corn Law League . He asked whether those wbo used this exciting and inflimmutory language and circulated it throughout the country by thin Lt a $ ue were not to be prosecuted ? Why should not Dr Bo * ring and tbe men wbo . supported thin paper he prosecuted ? Tbe fact was , they were magistrates and weii ) bent of the aristocracy , and therefore they escaped witb impunity . Tbe Anti-Corn Law League had employed kctunrs wbo use language much stronger than any that he and bia aged friend had ever used . Hi ) referred particularly to the sentiments promulgated by Mr . Fiuagin , a person in tbe puy of tbe Anti-Corn Law advocates . Was Mr . Cobden to be allowed with

      impunity to say tbat three weeks would try tbe mettle of the country ? Mr . Cobden , the owner of chi ^ p wares and tall { chimneys , tbe mocker of the people , bad declared that in the course of three weeks the people would understand tbe merit * of the Corn Law question—tb&t they would not require physical force , because tbe people were unanimous . That man bad used language ten thousand times more calculated to excite the people to acts of insurrection than any that ba bad ever used . He would ask Her Majesty ' s Solicitor-General whether it was bis intention to institute ' a prosecution against Mr . Cobden ? Mr . Cobden was a , Member of Parliament ; but waa that to screen him j from tbe operation of tbe laws ? Then thtre was Mr . ! Sturge , generally called Joseph Broadbrim , who said be was a Chartist , but whom in bis heart , be believed , ] to be no Chartist , or be would consent to be called by their name . He did not wish to be uncharitable to a man professing tbe smie principle ; but be : could not believe such a man to be Bineere .

      He bad not taken up time wantonly or perversely ; he bad only battled tbe case as he thought he was compelled to do . It was justice to himself and to the democratic body to which be belonged . Had bis i strength permitted him be would bave defended the ' principles of tbe Charter . Tl « e principles were not new ; they were the same which were . entertained by I Fcx , Burke , and other persons of great talent many years since . Bven Mr . Pitt had said those principles J Were glorious aud great The defendant then argued ia defence of tbe principle ' s of tbe Charter . In con- elusion , be said , that whatever the judgment might be his faith in the principles of democracy was unshaken and w » uld so remain , and whatever course might be taken by Government to put down the

      democratic feeling all tbe Btrnggle would be in vain . , Truth was abroad in every cottage , and if the cleray would not teach the people , tho people were taught by some means or other . The schoolmaster was abroad , \ light was dawning in every corner i . f tbo kingdom . The pet pie felt it was wrong th * t they should be compelled to drag on an existence , and work as they did , to pamper those wbo did not work , and wbo tyrannised over them . Let the Government become fatherly and tbe protectors of the country , and a change would soon take place in the minds of the working classes . If the present evil system of Government continued , his Lordship must not think that would be the last time a Chartist would be brought before him for judgment [ I trust your Lordship will bear me when I assert on behalf of the g ' reat democratic body of this country , that '

      100 trials and sentences would only bave tbe efietita of . increasing thfcir energies and strengthening their convic- , tions . If he was sentenced to a dungeon , the firat , breath of heaveu which he drew on bis release , ebouUl j ba expended in proclaiming liberty and the Charter ., If , when be was again released , ho saw misery existing as strongly as before , they must not think be would le less nnxiouB to effect a change . He believed he should \ do thia from the natural feelings of a benevolent heart . ' It w ^ a not that they were fond of uttering sedition—it , waa not that they were desirous of a struggle , or b'nng men of desperate fortunes , that they were desirous of a revolution—having nothing to losa and everything to gain by a change : but it waa because they bad hearts that felt for their fellow creatures that they were desirous of the Charter . He believed he might sa ^ ly say he had a heart which felt for his fellow beings . He had contracte d upwards of £ 100 debt in Leicester , in

      serving their cause . He had given away last winter upwards of £ t ; 0 in bread and coffee to those who wcro famishing for food —( Gr « at sensation in tbe Court . ) He did n ot think tbat imprisonment would make him lesa desirous to serve them . Tbe Judge at Stafford bad spent fifteen minutes in commisser . iting the distress of the poor . Their patience under their ' misery wa « a theme of praise in tbe House of Commons , and seeing tbat be bad moved against this mass of human miseryseeing that they had better opportunities of being acquainted with it , and tbat tbeir hearts were rent till they cou ld endure it no longer . Were not these cansea to plead in mitigation of any strong language which might bare been used . He trusted tbeir Lordships would reflect on theae things , and not send him and bis snowy-beaded friend to prison , especially at bia advanced years . Ha thanked them for the patience and attention witb which they bad heard him , and should confidently rest his case in their bauds .

      Lord Penman then called upon the counsel for the Crown to address the Court in aggravation , although it was half-past six o ' clock j he thought the Court ought not to give more time to this case . Mr . Serjeant Talfourd then addressed the Court . It was wholly unnecessary for him to advert to many of

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      tri t'ip ' u ure . 'd b ; tin- defenriapt ; th- pi' - ' uM h ' . tri . i tlvj . 7 in of tbo iivifcericb tb'it prvvai -. ^ d aiiio H , toe {> u- * e-r clasBi-S were unJ ° ubU < Uy but too faithful , but ;> o f < tr from that forming anything like a palliation for the conduct of the defendants , that was a moat grievous aggravation of their ofiencs . One of the defendants had alluded to language which be said had been used by some persona of considerable station in tbe country . All ba could say was , that if these articles were either written or spoken in tha terms the defendant bad read , he had no sympathy witb those wbo bad uttered them , and if the partita were brought before tbe Court full and equal justice would be dealt out to them . No doubt there had been great distress among the people in those populous districts , which wna greatly enhanced by the disputes between tho masters and tho men : tho latter had refused to work unl ' .-ss

      they bad adtquahe wag *? . This involved 110 offence , but w . xa a great calamity , becausa it was a great calamity that , the ti « s between tbe higher . and lower classes should be placed in a state of hostility . His case against Cooper was , that he watched hia opportunity ; when be saw tbeir distress had come and was increasing he had then made speeches relative to the Peoplh' 3 Charter , in order that he might turn tbe paa-Hitina of the people for tho purpose of exciting their uiinciR relative to the Charter , which he could not hop * speuaily to obtain . Tile L ° amed Serjeant then adverted to facta , and recapitulated evidence of which tbe public have already been often put in possession . On the I 5 ih of AugU 8 t a meeting waa held at the Ciown-bank , and the two defendants attended . -Cooper referred at that meeting to tbe field of corn and the soldiers , and called upon a person to move the resolution that work should cease till tbe Charter bec-. mo the

      law of the land . Immediately nfter that meetins had concluded , a nnniberef parsing who had be « n present , and had heard the exciting language of Cooper , commenced immediately coiunntting various acts of depredation . They attacked the police- tffica and r-Meased the prisoners . They broke opt'n several houses , set fire to them , aud destroyed the furniture . Where was Cooper at thia period ? At the commencsmrnt of these outrages Cooper was stationed in a bouse , receiving from Mr . Palmer accounts of the outrages which were being committed , at which he ( Cooper ) exclaimed , " That is the way to do it . " CoopeT did not upon that occasion protest against these acts of violence . Shortly after tbat both Cooper and Richards beaded a procession singing a Chartist hymn . Cooper certainly urged

      the mob not to get drunk , but whut he actually said was , " Do not get drunk because you will bo detected . " He ( Cooper ) had told tbe rioters tbat they bad done right in turning out the bands . . He could not conceive hew any man wbo had passed a resolution to the effect that the working men were to be forcibly turned out , and that no man was to be permitted to work until the Charter was » btained , could aak for a mitigation of punishment . If such a proposition was advocated by the defendants , a ; d tbat waa most conclusively established , then he ( Mr . S-rj ^ ant Talfourdl maintained that Cooper was guilty of -an fovert act of high treason . There was a direct connection between the speech of Cooper at the meeting at th' ; Crown-bank and the acts of outrage which immediately followed tbe breaking up of the assembly . Witb respect to Richards , although not at tha meeting to which he referred , ; et he was

      with Cooptr when he received tbe accounts of the depredations of tbe mob . There waa no doubt Richards bad used langnage having a direct tendency to excite the people to acts of violence , and ouebt to be held responsible . Cooper bad not during bia trial called ft single witness to prove that there was the slightest connection between these outrages and the language used by members of the Anti-Corn Law League . He did not wish to press heavily upon the defendants , but that there were aeta of violence committed , and that these men were directly connected with them , there eould not be a question . There was not a doubt upon that point . Having taken a part ba the trial of these men in Staffordshire , be could net do otherwise than state to the Court tbe reasons wby be thought the Court ought to pass judgment without any Mitigation of punishment .

      The Solicitor-Ge > kra . l Baid the defendants were conv cttn of misdemeanour only , but it was of a most serious character aud called for a serious punishment In conn- quence of the state of the Potteries , it bad been easy to excite them to deeds of outrage and to do that which was contrary te the law . He believed it was not the misguided men who bad already been pui iabed tbat Wile the Ei ** st guilty parties , but those by v . horn thi'y hail been excited . The two defendants , with two other parsons who were now suffering puDM ^ Tir-tit , had met several times before these outbreaks ; they had frequently addressed the people in

      language which tended to txoito them to acts of violence and outrage . Cooper bad addressed th ' . ni the very day before this outbreak took place . Tbe mob was atthe time in a great state of excitement , but tb ? y did not find Cooper using one word having a tendency to calm them , or ta bring baek tbeir minds to a seusa *> f their situation . There was no remonstrance or attempt to atop that mob when about to commit those outrages . It waa for the Court to say what punishment should be awarded to him . As regarded Kichards , he would wish the Court to give every leniency on account of his age ; bnt be appeared to have taken a very active part in the different proceedings .

      Mt . Ricuards and Mr . Godson did not address the Court . Mr . Justice Patteson then delivered the judgment of the Cjurt in tba following worde : —Thomas Cooper and John Richards , you baye been cenvicted upon an indictment which charged you with unlawfully , wickedly , and seditiously conspiring , combining , and confederating with divers otber persons unknown to raise and make routs , riots , ami seditious find tumultuous assemblies and meetings of large numbers and bodies of persons , in breach ef tbe public peace , and to iccite , provoke , and procure largo numberfl of persona at those meetings to meet to resist and obstruct by force of arms the ext / cutiou of the lawa , and that for the more tff jctually carrying out the said purposes to come there

      armed with guns , pistola , and other weapons . That ia the charge laid iu the indictment , anA i . gees on to aay , tbat in furtherance of the conrpirwy , you and the other persons did with force and ar «\ a , at Burslem , unlawfully and seditiously ad

      tbe seditious speeches were made in furtherance of that conspiracy , but the indictment is not for tbe speeches but for the conspiracy . 1 mention this beeause it is of great importance tbat it should be known what tbe charge againso you was , because you , particularly John Richards , iu addressing the Court bave laid before us your opinions wita respect to certain political matters which you call the " People ' s Cbartei , " aaifyou sup * posed you had been persecuted cither for entertaining tboBe opinions or expressing them . The case is not so . Tbe indictment does not charge the holding of any such opiaiona , or expressing any such , or endeavouring to persuade others by argument and discussion to entertai « those opinions also . No such indictment has been preferred , and therefore ail you have said with r « spec ' c

      to your right to entertain them , witb respect to its being right and wrong , is nothing to the purpose in the present charge . Every man has a riijht to entertain suvh opinions as be may think fit with respect to the iastitutions of the country , aud with respect to the possibility of their being made better by alteration , provided he entertain them , and if he disseminate them , d < ses so in & proper manner , , and relying upon the change being made by that constitution of tho country , entrusted with the power of uv . king tbat change . All the people in the country havo no ritfht to make that change . The charge therefore ia not of entertaining any opinions with respect to tke P . op e a Cnarter , nor of giving publicity to those opinvoas . A ^ ain , in the address made by you , Cooper , totheCourc at

      very great length , you have entered fully and at large into the statement respecting Bpeecb ^ s and publications supposed to bave been made by other persons , and which are supposed to contain very strong , very seditious , and very itiflimmatory language . You have at length entered into them , and tbe Court waa unwiliiug to prevent your doing so because you seemed to consider it was material you should enter upon thst line aa your defence , not as a defence to this indictment , be oause you are not now making your defence , but were here addressing the Court af cer convietionia mitigation of punishment , and not on any motion to set aside tbe verdict found by the jury , nor on the supposition that the verdict was contrary to the twiiience , but to urgs auch tninga upon the Court 83 might induce tb-m to see if

      they could , as they are always glud if they c : ti , mitigate the punish . mont . You mi ; de many statements with respect to the publications of other persons , &nd particular observations to show tint a gre . it many spwchrs and publications had taken plav . \ s bj ptr ^ ons you call the Anti-Corn-Law League . It is not quite clear ¦ with what object purisely these observations were laid before the Court . If intended to inculpate the Corn Law League , to bring any charge against them , to bold them up to censure they are not before us , and we canaot take it aa a fact that these things were published by them at all . If we had eeen your affidavit , stating that these things had been bo published by them , .. till it would be tbe height of injustice that this Court should allow persona who were absent to be inculpated and censured by anything that might pass in thia court without their having an opportunity

      of meeting the charge or showing it to be false , and therefore it would be wholly improper for us to suffer such observations and accusations to be put upon the files of this Court by way of affidavit . If these observations were made with a view of inducing this Court to believe that you bad been partially dealt witb , its it seemed to me they were , because you said the Government bad acted partially in preferring an indictment against a poor man , and passing over what bad been published by other persons in higher stations in life ; if that waa your object , then , we will supj . use for the moment that such publications bave actually uktu p ' iice , and we might do so without casting any imputation on any person supposed to have , been the autkor of them ; but this Court has nothing to do w . Lh that , it dots not deal with the rich in one way and with tL « e poor in another . Any accusation brought against a man ,

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      b- hs rich or poor , the Court t-: ) 1 ¦} ' ¦ . ) tyijh him as th ii-. v 01 the luni T * qi * . irr < j be should be dtalt with , wi th * out reference to the question of wealth or povurty . Tej ! Court does not institute proceedings against any mo , they are brought by others ; and therefore tbis Courv not to be charged witb administering the law ona *»» for tbe rich and another way for tbe poor , becauae th « rich man bas not been brongbt before the Court at all If these things did actually take place , it was the dutt of other persons to bring before us the parties so acti-J and then it wonld be our duty to deal with them ; but it c » n be no excuse for any man found guilty of . offence to charge other persons with having coraouttJj a similar offence wbo are nofr prosecuted and brought before the Court ; that can be no excuse for any man

      . The passages you have read and the Iaagua ^ . j wh : j . you fcay has been used on various occasions apptaI Jo have been of a very strong inflammatory and wicfead description , and I do not at all hesitate to sny , tJm if persons have been guilty of using that language deliw ato- ' y and intentionally , and it is brought clearly jjom . " to them , no doubt they weuld bave committed a stri . oua offence for which they would be severely punish ^ " and it may be that they ought to be brought before the Court ; but the Court cannot tell that in , * things have taken place . Bat , indeed , if any evident * had besn produced on the trial , to show that thae publications had already taken place , tbat they htd been disseminated among the people whom you ad dressed in the month of August , And that these peopu

      had been excited to acts of violence by tho 3 e public * , tions , or if it could have been proved that agents had been in that neighbourhood stirring up the people to act * of violence , if you could have shown that thev committed acts of violence at tha instigation of other * ami you had nothing to do with the others , it wool , ! bave been a ground for an acquittal , or it mitjht after , wards bave been a subject for tbe consideration of thj « Court B 3 to the punishment they were to pass np on you ; but there is no sucb evidence to be found of any . thing of this sort—nothing but mere surmise on y 0 ^ part with which the Court cannot deaL Then , fan . poaiug there was some evidence of tbe peop e haviD » been excited before , if tbat were knows to jou at th « time it made it incumbent on you to take care that

      you did uet , ia adverting to tbe People ' s Charter , add to that excitement and discontent . Taka It in any way , there is not any evidence which enables thii Court to fix upon any person as having been the instigator of what took place , or that cm eten form any defence , any reason why we should not pro nounce our sentence npon the supposition of any other person being concerned . In the course of your addrew you bave repeatedly urged tbat the jury were induced to find a verdrct against you , as if it was a wrong vs . diet , because it appeared you had been in tbe course of your address on the 14 th of August speaking very strongly with respect te the bishops and clergy ,- and therefore you thought that it was to have been taken that you had instigated the mob to set tre to Dr . Batert

      house ; but no sucb argument took place at all . It fe clear that the jury found their verdict upon the general evidence , upon the whole case taken together , upon tha conviction that there was a combination between yon two and others . And with respect to any speeches made or language used towards tbe clergy , it was a mere circumstance , not thit you had been the cause that had induced the peoplo to commit tbe destruction , bnt we sea beretbe state of things which at that time existed , and , what has been stated already by the learned counsel , how , before you went into'the Potteries in the month of August , there bad been many people oat of employ , there was great distress in the country , much dispute between the masters and the workmen with respect to wages , great hostility existed as early ai

      April . It appears that a great many were out of employ , and it waa put to the jury with , respect to tbat circumstance in tbe moat favourable view for yon that could possibly be , becauso the Learned Judge told the Jury s workman bad a right to demand what wagei hs thought his labour entitled to , and tbat he wst not obliged to work for any lower wages—that he hu 1 right to stipulate for what wages he will bave ; and no doubt tbat workmen , if they agree as to wages , if it ii done peaceably and without intimidation , may do » , and not commit a breach of the law ; but then wbea they came to another matter in which it wm clear you had recommended to all persons to abstain from work at all , not to insist npon baving particular wages , but recommending all persons to abstain from working

      altogether until the Charter became the law of the landthat matter is a very different one indeed . This Court does not say it is lawful for any men to combine not to do any work at all , and that it ia clearly illegal for person * to compel other workmen throughout the whole country to abstain from , work until tbe Charter becomes tbe law of the land . That is an act which hat been characterised as an overt act of treason ; * t all events , it is most unlawful . When we consider the number of persona tbat were at that time ready to commit any mischief , and did commit all sorts of outvase , although yon say they were not Chartfota , tie mischief cleno by addressing a large number of persons indiscriminately must bave been apparent It might have been different if you had teen addressing your ovrn club . Several meetings were held where jcra addressed tbe people , and even after you bad heard of the outrages you addressed them , but yon did not say I will not bave anything more to £ 0 witb

      y > a , you are not the men I took you for . It li clear the jury were well warranted in their verdtet You told the people not to sttal , but you told them not to work , and they must bave a subsistence , and the inference , therefore , was clear . As to the defendant Richards , it appears tbat he used wotdi with respect to her Mj jesty—that he said " To hell with her , " and otber language equally improper , and it is clear that yon were combining together for the purpose charged against you . Taking nil tha cireumstances into consideration , and that you . Richards , are much advanced in years and bave been almdy confined some time , the Coart thinks it right to moke some distinction in your punishment . The sentence of the Court is—that you , Thomas Ceoper . be imprisoned in Stafford Gaol for two years ; and you , John Richards be imprisoned in the same place for one year ; and in the meantime be committed to the custody of the Marshal of the Marsbalsea .

      Cooper then begged that he might be allowed to remain in the Queen's prison . The Court would decide in the course of tbe term . Cooper then asked if he might have b ' terary privileges allowed bim , but Tbe Court said it could not interfere with tbe regn < lationa of the prison .

      MONDAY , Mat 8 . THE QUEEN V . OEOBGE WHITE . The Attorney-General ( with whom were the Solicitor-General , Mr . Sergeant Adams , and Mr . M . D . fliUl moved for the judgment of the court on this defendant , who had been convicted at the last assizes at Warwi <* i for using seditious language a ^ certain public meetings at Birmingham , and in placards and letters issued by bim . The defendant appeared on the floor of the conrtf to spoak in mitigation of punishment . Mr . Justice Wightman read Mr . Baron Aiderson ' i notes of the trial .

      The Defendant then addressed the court . . He complained tbat hs was ill-used , for be was prosecuted merely for matter of opinion . He was a Chartist , and that was the reason he was prosecuted . Everyman who had opinions would , if he teas an honest man , express those opinions . He would do so . nothing should prevent him from doing what he considered to be the right of an Englishman . If magistrates chose to turn fools , that was no reason wby he should gv » a up his rights as a man . The meetings which h 8 was prosecuted for attending had nothing to do with tha turn-out . They were held to discuss Cnartist principles . There was no seditious language used at those meetings . The witness who spoke to such words having been usedhad admitted that she w .-is a prostitute

      , and a tki&f . She was not fit to be believed ; and all the witnesses had admitted that he had told tha people to be peaceable . Why was he brought to tbe court ? If it was the intention of the Judges to bring tbe law into concsmpt among the working people , this was tbe way to do it He could have brought the tradesmen from two streets who would have sworn that there ww no cause for apprehension . The police could not fina any tiadesmeu who would give evidence against bin-If because persons differed in politics , their words were ta be watched and turned about , and then hfcid t 0 be seditious , their Lordships wonid have noting else to do but sit there and try persona for that offence . Tne evidence was of the moat trumpery description . a *

      the witnesses were so ignorant they could not repeat one S 9 ntence after another . If they were not to attend public meetings , what would become of the poor working classes ? It was better find more'manly , to stand up a ^< l uvow your principlf 1 than to sfeulk » n a corner and beco ^ . t conaph \ . tor . So long aa he f < - 'l » " ^ a system was , oing on which jnjuied biui , be would express hia seu-imants , and do what he could for lus suffering c . » intrymen . Ta . k of law , how could a working : uun c- - , » i » to thia cuurt for ju 3 tice if ba ^^ not product a . sum of nuiiuy ? There was no law f ° * him , and therefore he called upmi the court to protect him , r . r , d be trusted ifcsir Lordships wooia cot , allow him lo bq hu ; it > . i !\ boui in this manner ; toft *

      they wou ' . d s ' : ow to the country that thera was stiu justice for the working man . I ? nvuld ha ? e done more « ood if tbfi whole of these prcs-jcutions bad been given up . If- wim clear tiiat these pi-o 3 ecations were carried ou hi a vindictive spirit . If : * rich man had started up aud recommended the people tp attend a public mee > ing , wonki that man have been indicted for sedition - ywtainiy not . It waa not a crime to do that whicb tW jury had declarednot to be unlawful . Part of the sea » - uou charged against bim was only proved by a stupw . ignorant fellow , wlio had said he ( White ? bad toW wa men to be prepared to stand against the police , ana to bring tbeir jackets witb them , and bring th em in Ujeir jacket-pocket * . What sense was ther&in this ? Eitfiw ihev were to hrinir the rjoiiea in their jacket-pOCKe «>

      or their jackets themselves in theii jacfeet-pocKe » Mr . Baron Alderson had said the language waa periec * uonsense ; but if be was to be sent to prison upon snen stuff as tbis , so . be it . Instead of bis being p laced there , tfce Birmingcam magistrates should have been M ° S ? up for abusing their office , for making use of their inw paltry power to lay bo ! d of a man who was no faTOI "" of tbeirs he having been opposed tu their corpora . " > Many of those peraonB befoie the passing of tiw -a ^ * Continued in &ut seventh page . J

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      fi THE NO RTHER N S T A K \ ^ .

  • Citation
    • Northern Star (1837-1852), May 13, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct481/page/6/