On this page
-
Text (2)
-
Untitled Article
-
Untitled Article
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
-
-
Transcript
-
Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Untitled Article
THE SPECIAL COMMISSIONS ( Continued daily from our own Correspondents )
c THE NORTHERN STAR . ______
Untitled Article
STAFFORD , Fbidat , Oct . 7 . Convictions we qaits the order of the day—no matter how spotless may have been the characters of tfce prisoners—no natter bow excellently they may bars con-< 5 nei * d tfeemsfclres as good members of soettty , in the capacity of fathers , husbands , children , or servantsno matter how devoted they may have been to the altar of their God , or faithful to their Sovereign—the moment they are charged with having been caught within the maeic cirae f jrmed to ? the police , all those excellencies , all thosa virtues are lost sight cf , and they are viewed . as the very -xvrst characters that can be possibly cor ^ © eived . Niy , the men who are summoned as jurors to tjr-r --. r , tlw fste of those sunken , degraded , nafr M , i , M-: . . rig Kim , have been fe > r ; . d to declare opealy , dat to nutter tow good their p = st life have been , it thill svsil them noiiiiig ¦ srhea they oome before them . Tbts principle i ? m novel t « Englishmen as the mode chat is adopted cf their returning verdicts seriatim , "wl" / ere the fate of thiitv o ? forty fellow-beings is to be d ecified .
Yestercay , fonr prisoners were converted it a larceny anti burglary in the house cf Mt . Hill , a pvwubtoker , in the pariah of Stoke-upon-TreEo- It now appears that tfe « 3 e wretched young -men , - " jistefid cf being burglars , «* ere actually carried * way ' ay the tide of people , -wire vrere bsndiBg their cohts < 2 in that direction ; sod that -when they S 3 * r the mob Ettack the pawnbroker ' s , and that their ( toeds wt jre iiteiy to be destroyed "in the reuersl scramble , thsi then only , they toot s'way a portion of those things in orJer that , they might fceep them safe , and tfeea retrjra them . If thb , as no-dc-ubt U shall , reach tiie-Judgta' ears , it will have a gwat effect upoa the -portion of punishment that vrill fee meted out to them . Another most curious pawnbroker ' s prosecutaes caste on this day , before Baron ? cte . The prosecutor , George Hentoa , of Hanley . ^ E child of / w-tes&yesrs'OJHi ten mon&s ofc ^ e . This ehiU positively swore , that the establishment was his , that neither his fttber nor his mother , nor any one else had the slightest cestrol ever it , and ihat he might do ¦ wfaEi he pleased wi ^ i thaprcperty .
It ia worthy of remark tfeat this precious youth , ana viatic termed " TJncla , " swore that he lost oe the - £ ay of tbemtts-ik , £ l , OC worth of pledges . Now , ashe is nnder age , the pereeM ¦ whoseproperty was said to be stolen could have iie--hops of-remedy against him ; but if it fras proved that hia : father , who lives ia the ad-Joiafcg house , h * d aa interest in the concern , then they coftfci make him pay for it . -But now they are deprived of that remedy . There was another Btresge feature In the ocse . A feHttle named SassEcah = Te 2 * ss was indicted for having taken a part in the auack , bet the jury having declared that they could net agree , ¦ wtre aDout to retire , when Mr . Serjeant Zu&low told tfcea that the Crown , "to . sacs them trouble , weald forego the prosecution . In this , as in Hill ' s ease , it was pvoved thst many persoas brought back the pledees that they had taken on ths d * y of the attack for exfefey .
- There were two nitn . Tooths and Roberts , acquitted this day . Their counsel applied for their release- &s-c xcatter of course . But , no ? thsy would not b ¦ allowed their discharge , asd were t-old that they -would , not ba released until the grand ; jury returned , which will not be until the ^ loadsy , as-they are on Jeave o ? absence , that they may go grouse- shooting . So , to Euit the convenience of those masters-of the hack-ridden working trasses , these poor fellows are deprived of their liberty antil next M sudsy . There were twelve ooavictioES this day for petty offences , such as bergics earnestly for eleemosynary
. Twelve new prisoners -vrere brought in from the Potteries , and vrarrEcis are cst for a great number more . In fact , our calendar is daily swelling out to a frightfcl bulk . On to-mono'sr the . prisoners from South Staffordshire , ( amoegst whom is O'Neil , ) will be brought to be tried before Mr . Baron Pirke . It -was admitted by Shsrley , thec ^ ck of Mr . Ha . * . v& 7 , of Haniey , that the colikrs ^ ho vrent to the house , merely asked for assistance , aac that ten of them went awsy upon receiving-is * ed . amongst them . This trill toe found to be the case in-many oiner instances , where
it is said that large mobs riotously-and with threats fire wa 3 George ' . Goodwin , a cabinet-maker . It was
demanded money . The fcitt is , tbat ths royal proclamation , offering a reward cf £ 50 for icforniation . and conviction , has worked wonders ia magnifying the ideas and enlarging the fears of many of the individuals who have tigered a-way very conspicuously in the courts here since last . Monday . TBIA 1 , OF ill . WILLIAM ELLIS . —HOST
EXTRAORDINARY PROCEEDINGS , Before-Chief .. Justice Tindoi . The trial of William Ellis commenced this morni ng , before Chief Justice Tindal . He was indicted , with about eighteen others , for setting fire to the honse of Mr . Aitkena , on the night of the 15 th , or lather en the morning ( two o ' clock ) of the 16 th cf August . But a few minutes-elapsed before another exhibition occurred of that unfetrness End cruelty to which he has been throuchcut subjected . : Immediately after the prisoners had been arraigned , Mr . Allen made an application to the Judge , thst Mr . Ellis might be tried separately : he grounded bis application on tb . 6 fact that till the reading of tfee-indictment a few minutes ago
not the slightest notice had been given to tne prisoner of the pressnt charge ; iadeed the commitment by the magistrates , the publications in the newspapers , and all the attendant proceedings had induced the belief that the charge to ba preferred would be High Treason ; for these reasons , and Eany other , which he most eloquently elucidated , £ he learned counsel requested that Mr . Ellis might be allowed a short time to prepare bis defence , and that be might also be allowed te perese the list of witnesses , ( thia had been refused last night to Mr . Roberts ); and , lastly , that he might be tried separately from th « -other prisoners ; it was most asfair to mix up his ease with theirs * aa the prejudices against ths prisoner yould thereby be fearfully increased .
This application was at -ance refused , and the trial proceeded . An application by Mr . Roberts last nigh t * to see the inJictment , and to look thw > 5 ? gh the list of . witnesses , there being thirty-two now-Babfceaaed , although only four were before the magistrates , had also been refused . Indeed , till Ellis placed hisfeot in the prison van , he had not the slightest intimation-that he was torbe tried to-day , or of the charge againft&im . Tha trials , it is expected , will Oast . till Monday night Six counsel are engaged in the / defences , and i&ey are all doing their duty .
Mr . Allen and Mr . Neale defend Ellis . As to the issue , I can form no idea ; judging from the evidence I already adduced , I should say that all would be aoguitted . The witnesses swear ss hare , perhaps , is they did in Dr . Yale ' s case , but they seem getting sick of j tee badgering they receive . From the hands of -the j prisoner ' s counsel they meet -with bo . mercy ; one after i anotLer their former lives and characters are exhibited , ; and I really believe that a more worthless set never I occupied the dock than some of these who are now ' polluting the witness box . In reply to s question pat to Mr . Roberts , respecting his opinion . as to the result . ' he answered that he hid not the alighteet hope for EMs ; : although , so far as at present known , there is no \ evidence whatever to support the charge against him . The Anti-Cora Law K > en have determined that EKis ) shall be " got out of the way" ; and they Uive too much icfluenee ia the selection of the jury . j
The progress in the threes courts has net fccen so rapid as was expected . Not more than ten or twelve have as \ yet been tried . The prisoners being all defended , and ; well defended , acts &s a " Drag on the wheels of j Justice . " Before I conclude , I msst mention another cirenmstance illustrating the special spirit cf fctis com- ' yiission . j
When the tiiree Courts opened , Mr . Roberts found ! has it seen our good fortuae to listen to a more eloit impossible to attend persosaUy to all his Cises as | quent arseal to the iostice of a Jurv . Tha I « mert quent appeal to tb . 9 justice of a Jury . The Learned
they were going on ; be was daeirous not to Ieare the Court where Eilis was being tried ; he , therefcr-e , requested ilr . Peplow , the Ckartisfe Secretary , to tome backwards and forwards betweea the different Cosrts , so that no case might be neglected . For a short t i me this was permitted , bat no sootier was PeploWa well known face observed by the magistrates on the Bench , than the doorkeeper was directed to inform Mr . Roberta that Mr . Peplow could not be again admitted , and that he , Mr . R ., must " go out to feim on every occasion , " when he wished to Bee him . Thia impudence was too oppressive to be borne ; Mr . Roberts immediately went into the HaII find demanded of the doorkeeper the reason for this int « roption ; the doorkeeper replied , that he had received his orders " not to admit no Chartists no how . " Mr . R . explained to
them—for all the doorkeepers had received similar instructions—that he tu defending prisoners whose trials were expected to come on in taci of the tiiree Courts , and that it ua quite impossible for them all to be attended is , unless he was per mitted the same privilege sj was granted to -other attorneys , and that he could not possibly guard against the case of a trial being etiled on suddenly , and the prisoner being undefended , uaieas be were allovtd to communicate from time to tifise with the othsr court * . But the liveried dogs in office were inexorable ; they " wouldn't admit Feplow , sot so how nor by a » means . " An application was then laade to the High Sheriff , —the chairman of the public meeting where
Peplow figured so conspicuously and effectively aom « time ago , —bat this worthy dispencsr of justice , so ignorant as not to be able to tpell correctly toe designa tion of his office , declined to interfere . Mr . Roberts , however , determined that the point should be settled by some higher aathority , revested Mr . Neate to apply s * once in openconrt to the Chief Justiee , and tins was immediately done , Mr . Keaie qmietly represented to bis Lordship that Mr . Peplow , who w&s assisting Me Bobarts , of Bath , bad been exclude ! from the court on . the ground of his " being a Chartist . " Some little di * . eassion ensued ; the Sheriff ' s declining to interfere was mentioned ; bat the resnlt was , that the ban of exclo * aion was removed , and Mt Peplow has since been perxaitted to move about as he thought ? .
props Seroal witnasses have been examine * , but none of C ™ , ^ V dep ° *> d to a single art or word of Ellis ; to * "li nowever , b » T 6 to be « the odinm of the manj
Untitled Article
aits of ont xa . ge alleged aeainst his fellow prisoners . It ia easy to , « ay , that when the Judge sains np , he will take ear e to divide the caws , so that the jury may decide eaoh on its individual merits ; but experience has sb- jwb tk&t there is no plan for convicting « A imw- ' cent i nan , more safe , th&a the classing and eonfosteg him # ith tbosd who are really or apparently guilty . Tl j « trial is adjoursed till to-morrow , amd probably will . sot terminate before Monday . ( Befon Mr . Barm Rolfs , } The prisoners , Jones , Jarvis , and Parry , "ware ar-» . signed for arson , jast at the rising of the -Cosrt . But ia consequence of the lateness of the hour tifcelr trial was adjourned till to-morrow morning , aad the Jury having been sworn in , were lotfeed np for the night CLOSE OF THE TRIAL OF THE PRISONERS CHARSED WITH ATXAKING MR . FENTON-S
HOUSE . The several Counsel for tie prisoneiK having doEei tseir addresses to the Jury , Mr . Btron PABK . E charged the Jury . Mr . Ssijeant Iajdlow » id , that oa behalf of the prosecution he begged leave to say that be wonld not press ttie charge against the woman T-eates or the boy Tooth . These two prisoners were accordingly discharged . Tire Jury , af ter a short deliberation , returned a verdict of Not Gailty agaisst Famagtcn ; and of Gailty for burglary and larcesy against Kilstn , Simpson , ¦ Parkes , and Banks . ; and of larceny alone against Barrett . All the prisoners were Bg 3 in arraigned for a riot , but the Crown " declined prosecuting , and they were conseoaently acquitted on that indictment
John Htll , James Lockett , William Roberts , Edwin JIoss , and James Saunders , were indicted for having , on the 14 th August , demanded , and with menaces obtained , three shillings and sixpence from Ann Shirley , 1 servant of Mr . Harvey , in the parish of Stoke-upon-; Trent , with intent to steal the same . ] Mr . Serjeant Lddiow stated the case . Mr . Spoonbb . defended Roberta . ! Ann Shirley , cook to Mr . Harvey , said , that on the ! J 4 'h of August ten men came to Mr . Harvey ' s hou 38 j demanding money . She was enabled to recognise only j HalL They told her that they came to try their generosity , and if thsy bad any to show it . She gave i them ~ 2 s . 6 do and another servant la . aiBo . They said i that they had been at Bailey Kssa ' s house , and had j Bailey Rosed him in good style .
Mr . Fairbanks , groom in the service of Mr . Harvey , said that a mob of ten men , armed with sticks , came to the house and demanded money , saying that they were inwant , and that it they were not relieved 5 , 0 S 0 men weuld be there directly . When the last witness gave them 2 a . ' 6 d . one of them said , " here , gentlemen , isS ^ d . for each of you . " They as . ked him far money , and he handed them Is . They then told him where they were that day . Thomas Precter identified the five prisoners * s
hav-: ing gone with the ten to Mr . Harvey ' s . The mob were ! armed with sticks . i — Ellis , a * srvant of Mr . Brassington ' s proved hsv-; ing seen Saunders , Lockett , Hull , and Roberts at Mr . Harvey ' s house . He did not ece iloss . The prieoners i divided the money amongst themselves , aud Roberta ¦ said tbat it was a pity ± o take the money from the servant This closed the prosecution . Mr . Spookbs address * d the Jury on the p&rt of , Roberts , and having called witnesses for the dtfence , ! his Lordship charged the Jury , who deliberated for a short time , and returned a verdict of Guilty against Hall , Lockett , Mos 3 , and Saunders , and Not Guilty ; against Roberts . j They were again indicted for robbing John Brassing-¦ tan on the lath of August . On this charge the Crown ' did not prosecute . ! The Metropolitan Blue Bottles are bete in disgaLse , : so we may expect more informations aad more arrests .
fiATTJRDAY , OCT . 8 . The " Ellis" Tragedy was re-commenced at half-past eight o ' clock this morning , and we then , for the firet tinia , heard the evidence against Mr . E . lis . The only TTitness to provo the prisoner ' s Dressncs at Mr . Aitken ' a
known that on this man ' s evidence the whole case depended ; and the court , -while he was giving it , was in a Btate of breathless silence . Goodwin ' s story was to this effect : —He had been at school with Ellis twenty years ago , but since then he had never spoken to him . tin his depositions -before the magistrate he stated tbat he had known Ellis seven or eight year ?) . On the night of the fire , two o ' clock in the morning of the L 6 : h Acgust , he was standing outside the railing which surrounded Mr . Aitken ' s house , and -observed a man with his face " bkckisb , " " sort of brown , " " very dark , " " not exactlyiblack , " standing within-side the rail , looking at the fire . Of this man he " catched a view , " and he swore it was Ellis . ( In the depositions he had sworn that Ellis ' s face wa « " blacked . ") These discrepancies were , with many others , elicited in a most powerful cross-examination by Mr . Allen .
. Mr . Goodwin also etated that only a week elapsed rbetween the fire and his making the -depositions on ; which Ellis was committed ; the fact being th&t four I v ? teks instead if one was the real interval ; the tire , : it will be recoliected , occurred on the night of Meni day the 15 th of August , and the depositions « ere taken on TuesOay the 13 " . h of September . It ' further appeared in the examination of & subsequent witness , that Goodwin vras drunk at the time ot tot ifire , ; -Orfe&r witnesses swore to inflammatory language en the morning of the 16 th August ; but the only expres-: s : oa wfcicb . could a ; all be said to lillade to the recent 1 fire was to the effect that ¦ " Fires had assisted the caii ryiag the Reform B : 1 L "
In order that the object of : the = e list witnesses may be understood , we must refer to the Solicitor-fieneral ' s opening addrccs so far as relates to Ellis . Goodwin , it will be-seen , had sworn to no act implicating Ellis in the destruction of AitkeD ' s house , or in approbation of that -destruction , beyond the faot of his presence , ; and it was admitted by the Crown that many persona were present 'from motives of idle ouriosity , and who , of course , if . they took do active or encouraging part , were not erimtnai . Our extract is from the Morsring Ho-atei
" He ( the Solicitor-General ) would not be able to show that-he ( Ellis ) took any active part in the destruction of the property by fire ; but to judge from his expressions and conduct on previsns occasions during the day , they srould be able to judge whether he was there with an innocent or laudable purposs , or from idle curiosity , or as a leader and et&oxrager of the mob , aiding them in their attack on the house . They would find that aflat : the previous outrages , Ellis had spoken of them not in terms of condemnation , but of praise and approval . "
Before poiag . any farther , we may be permitted to express a doubt of the correctness of Sir William Follett ' s law with respect to after expr-essions . The law is , that the prisoner , to be convicted , shall be proved to kare been acting , assisting , encouraging , or approving in the destruction on which the charge is founded . Now admitting that Ellis were proved to have bean at the fire , and afterwards to have expressed himself in terms of approbation of that fire , it is fey no means a fair inference that at the fire , he was an approving party . His approbation may have arisen from subsequent reflection , cr from facts thai afterwards occurred . 3 Sot a vrord , as we befose said , was elicited to the ef ? tct that Ellis k&d : at any time either directly or indirectly approved ot this wanton destruction . But if the caso were otherwise , we submit that a cabsequent approbation doec not prove a " then" approbatk-n .
Several other witnesses were examined , but whose evidence did not app'J" to Mr . Ellis . We pass these by in tha belief that vre shall best satisfy our readers by confining ourselves to the principal victim . Mr . iLLEX then commenced his reply ; and never
Counsel -disclaimed the argument which would still be in favour Qt Eilis , even if psoved to have been at the fire , and he took but alight notice of the discrepancies which he had so ably elicited in the cross-examination of Goodwin . He boldly rested his defence on the fact that Ellis was not at the fire ; that he was in bed at the time ; anfi this fact he would prove by such undeniable and cogent evidence as should be beyond the ingenuity of the Counsel for the Crown either to pervert or shske . It has been said taat EUis's face was ; blacke- ? , and ths barber who shaved him on the
folj lowing morning had boensubrejoaed by the law efficera , ter the prosecution . What was he subi cened for ? H j ¦ Wissubfosued to prove something ; ¦ chat was it ? Tke bitbsr who had siaved a man on TusBday morning ; weald no doubt be able to say something as to whe-; ther his face were oksked on the previous night He i was therefore a most proper witness to prove what , ; perhaps , was the most important point in the inquiry . ; " The Crown had subr « saed him , but they had not j thought proper to call him : Jhey had not dared to put i him into the witness box . He would—He , the Counsel i for the prisoner , would exsmiee the witne&s for the ; Crown . "
- The thrOI that pervaded ths Court at this announcement was . electrical . The Crown officers looked aghast ; ths examination of the prisoner ' s witnesses j commenced . j The first witness called was Jane Brooks . She J disposed that on Monday , August 15 th , EUis had been at bis lodgings all day ; tbat he had lodged with her for j U » last three jeais . During ttoa whole of the day h » had been at borne painting picture-frames , and had never been absent more than a few minutes at a time . In the « vening two awn called , who left about eleven o'clock . Xateat night Ellis and hit wife went to bed she could not tell the exact time , but sbo knew it was mnchaftertwelve , having " heard the bells . " Mrs . Rogers was with her Jrasbssd at the Ellis ' a , and took the candle out of their room . After that the Roger ** I left , and the witness bolted the oster door . No one ceuid i leave the house without her knowing it
Mr * . Rogea cjuflrmed the abort . She stayed with Mn . Brooks about half an hour after taking the candle from , the bed-room of the EUis ' s ; they were then in bed . While going to her lodging in the t « WP the clock strode two . Mr . Peter Rogers nve similar testimony .
Untitled Article
Mr . Heath swore to going with Ellis to a bar ' tor'B on the following morning ; and afterwards to a griper ' s in Hanley . Then came the barber , Mr . BUlmgten . He . bad been sub j censed on the other * ide , ' and produc-albis subpoena . He recollected shaving the prisoner on the morning of the 16 th August His faot did not appear to have been blackened ; bad it been * o , he should have perceived it The next witness was Mr . Liveety—H « was at the fire from half-past one till three . Did not see Ellis there Saw Goodwin there ; Goodwin-was drunk . Mr . Bradley gave testimony of a similar nature .
All these witnesses were rnbjected to a most rigid and searching cross-examination fcy the Solicitor-General , but the Learned CouBsel foiled to shake them , although he had recourse to all his well-known quiet ingenuity in such cases . The only variation was between the evidence of Mr . and Mrs . Rogers , as to the question of whether they breakfasted or dined with the EUises on the day after the Hre . Thai is my defence , said Mr . Allen : and the Court was again immediately bushedfor the Solicitor-General ' s reply . But the law officers of the crown were paralyz 3 e < 1 . It was lost ; the next day was Sunday ; the reply was postponed till Mertday morning . The unfairness of t&is is too glaring to require comment Mr . Roberts was most indignant It was , however , utterly useleas to compla i n . Mr . R . asseris his conviction tbat the trial was lengthened ont till Saturday night with the express view of having Sunday to get up another case against the prisoner .
We are happy in being able to eay that the universal feeiing among the townspeople is , that Mr . Ellis will be acquitted on the present charge . We wish that we could bo as confident of an acquittal on the others , but the Anti-Corn Law policy is to get rid of Eills by transportation . Still we have hopes , though they are very slight . Ellis is a man so quiet in his manner , his language , and disposition , that the Sidney Smith and Cobden men feel the absolute necessity of " fixing" him . His power as a popular orator is very great , and his exposures of their grinding treachery have earned for him their eternal hatred . Stafford , Sunday Night .
. The work is going on . The Judges ascend the judgment seat each morning at half-past eight preciselythe jurors are empanelled—the prisoners are arraigned the Crown prosecutors state the case—well-drilled witnesses are sworn—the juries are charged—the list of prisoners is banded up to them—a verdict of guilty is returagd , and the victims are hurried back to their dungeons , while their places in the docks are as quickly filled up aB are the ranks of a battalion , whom the grape ami caniiter shot of an enemy mow down at every well-directed fatal volley . By this mode about sixty fellow beings have been convicted , and are now , with all tho agonized feelings of parents , sons , and brothers , torn , from their families , awaiting the sentence of the tribunals before which they have been convicted .
Some fdW are escaping from the meshes within which they were temporarily , caught . Amongst those are Jones , Jarvia , and Parry , accused with firing Mr . Harding ' s house . A fellow named Potts , who had himself been convicted of felony , was foe principal witness . His evidence bore all the character of the dealers of blood in the Dsneraile conspiracy in Ireland . He , a stranger to the men , actually swore that he had Been them in the open daylight , and on the public road , preparing the coinbustihi . fc 8 that set fire to Mr . HarJing'a house . A servant girl swore to having heard on of the men speak ( he is a Welchman ) good English . The Coroner ' s cler x positively swore that the accused could scarcely utter an intelligible word in English . The evidence against those poor fellows was not for a moment believed , and they weie accordingly acquitted .
A lad , named Crutchly , waa arrainged before Mr . Baron Rolfe for cutting , with intent to do bodily harm to a policeman . The only evidence against him was the policeman , who , it appeared , while in coloured clothes , went up to him and attempted to arrest him . The youth very naturally hesitated allewing himself to be arrested by an unauthorised person , and iu the excitement of tfco moment drew a knife from his pocket with which he cut the policeman across the knuckles . For that offence the youth , who is only seventeen years of age , has been sentenced to transportation for life . Two other youths , named Whittingston and Priest ,
were indicted for a riot and assault The evidence against them was that on the day of the turn-out at Messrs . Barnes and Best ' s colliery , West Bromwich , they were seen at a public-house door near the colliery , with a crowd of forty persons who hooted the men that work 6 d for reduced wages . It was further proved that Wittingston flung a bit of turf at one of those men . Bat the only thing proved against Priest was his being amongst the crowd , while it was not pretended to be insinuated that he took either act or part in what was done or said by the crowd . Yet both these men were found guiity of a riot , and an unlawful assembly .
Griffiths , Jones , Byrne , Gettings . Fownes , Bowling ( a man completely deaf ) , Pitts , Waiker , Gould , Solomon , and William Jones ( a boy ) -were arraigned for " r ' -otously assembling and forcing the men to leave Mr . Silter ' s colliery . " Charles Danks , constable , and his two sona , were the chief witnesses against those prisoners . Their testimony ¦ was , as a matter of course , quite conclusive as to the - ^ ^ ntificatioa of the prissaerj . An old fellow named Emais , an engineer , who deliberately swore that he would have killed any of them that appreacbed him , was equally successful in his evidence . These witnesses for the Crown gave a most frigfetfal description ot the mob , which consisted , as they said , of 200 persons , all of whom Jkd as soon as Danks raised his hat t / pen a slick . He then pursued them : While pursuing them the yeomanry came up , and the brave constables pounced upon the men , giving as many as possible into
the custody of the yeomsn . Griffiths produced a letter to show that he was on his way to a gentleman who had written to him to give him work . Bowling aaid that he waa stopped by the mob , who said that they were "looking for a loaf . " Solomon said that he had his option to beg or steal . He was endeavouring to avoid both , and was out looking for work , when he was seized by the yeomen . Mr . Fellows , a constable , gave Gettings an excellent character for twenty-five years . Pitts , Walter , and the other prisoners received similar good characters . It was proved that Gould expostulated with the mob to prevent them committing any acts of violence . Charles Danks and Ouston , the specials who appeared as ¦ witnesses , had black eyes , which they had , on the previous night , inflicted upon each other in a fight in the street Pretty scoundrels ! to appoint conservators of the pablic peace . Qn this evidence the f risoners , with the exception of ¦ Groald , were found guilty .
Six unfortunate men , charged with stealing sixpence ! . ' ! pleaded guilty late on Saturday night . What an idea ! Six stout , able-bodied men to go out on the pu&lic road , and be contented with stealing a sixpence ! Such an idea is bo preposterous , tbat no sane man can entertain it for a moment Yet those six men are now in their dungeons a waiting their sentence for that crime . Mr . Eilis , the particulars of whose trial on last Saturday are subjoined , will , no doabt , unless a miracle saves him , be sacrificed . On this day the Crown has sent dawn to £ be Potteries for fresh evidence . The messenger has been sent off express , with orders to let bo exptnee interfere with bis g « tting up evidence to break down the alibi so satisfactorily proved yesterday by witnesses of the moat irreproachable characters . This manoeuvre of the enemy has greatly embarrassed
the solicitor and counsel for the defence . An express , I believe , has already gone to Mr . Allen , who is at Birmingham , to return with all haste , that a consultation may be held with him , Me . Ljo , and Mr . Huddleston , as to the best course that can be pursued un the emergency . As we are completely ignorant of the nature of the evidence , or character of tho witnesses ts be adduced , it is impossible to say , or even judge , That may be the result Before this extraordinary , and , if I may use the expression , extrajudicial attempt of tbe Crown to secure a conviction , ail , not excepting the Queen ' s Solicitor-General , were confident of Mr . E : Hs ' 8 successful escape from the snare laid for bisn . But now it is all doubt , fear , and anxiety . He is also indicted for blasphemy ; not only thit , but he is likewise coupled with Capper and Cooper , iu an indictment for conspiracy . What hope can he or his friends have ?
I have heard of two most flagrant instances of bullying witnesses by tho Grand Jury . One witness , who was statiug the facts as he knew them , and which were favourable to the accused , was asked , " Was he giving evidence for or against the prisoner V The man simply replied that he was merely telling the truth , which be would before the Judge . Another witness , who did notgiva his testimony to the satisfaction of their mighty highnesses , experienced a similar rebuff . Those things wili come out when the prisoners against whom they were summoned are tried . It is expected that Mr . Cooper will ba arraigned on Tuesday . , It is truly heart-rending to view the number of pocr fellows here , who , so far from being . able to defend themselves , have not the means of paying for the depositions against them ; an-i they will , when brought np for trial . be led like sheep to toe slaughter . And that from the unpardonable apathy of the Chartists , in not having established a sufficient fund for defending these victims of tyranny and class legislation .
The following fact shows the paltry means adopted for securing the conviction of Mr . Ellis , by taking him unawares , which , by the by , would be rather a difficult job . At seven o ' clock on Friday morning , Mr . Roberts went np to the gaol to ascertain if he would be put on his trial that day . The rrply wm ,. " Oh , certainly not by no means . Mr . Eilis will sot be tried this day " Yet , within twenty minutes of that assertion by his gaolers , Mr . EUia was pnt in the prison Tan , and conveyed under an escort of dragoons to the Conrt House and at half-past eight arraigned at the bar , and put on bis txi&i . .
Tins day the Judges and prosecutors- had a consultation as to whether they should sentence on to-morrow Tneir decision , according to report , was , that they will not proceed to sentence nntil tie . priaonew are tried npon the multifarious indietmenta with which they are charged , and that their sentences shall be proportioned to the number ef the charges noder which they may be eonrkted . * *
Untitled Article
Reported Incendiary Fibe . —A report reached here last night that on incendiary fire took place at Mr . Smith ' s at Elmlngton , a distance of six miles from Stafford . Engines with post horses were immediately dispatched to the scene of the fiery element , which had been got under before their arrival , through the working of the fire-engine from Earl Talbot ' s . Anxious to ascertain the truth of the report , I made the minutest inquiries , and the result was , that I learned that this great incendiary fire was neither more nor less than a fire which took place in an out-house of Mr . Smith , and which was caused by sparks that escaped from an adjoining forge . The report of an incendiary fire was circulated solely with the view of exciting , in the breasts of tbe jurors who are to decide their fato , a prejudice against the unhappy men that are to be tried . A magnanimous , glorious , Christian object , well worthy those who had it in view !
MONDAY , October 10 . ( From the Morning Chronicle . ) ' " . ' . - At nine o ' clock the eighteen prisoners implicated in the charge of burning the Rev . Mr . Aitken ' s house were placed at the bar ; and the Jury having been called over , the Chief Justice entered the court and took bis seat upon the bench . The court was rather more crowded than on previous days , and the greater number of the auditors in the gallery were ladies , who appeared to take much interest in the proceedings . At the sitting of the court proclamation was made that unless all parties out on bail surrendered themselves in the course of the day their recognizances would be estreated . The Grand Jury having experienced some inconvenience fram the non-attendance of witnesses , an order was posted up iu the hall , stating that any one who did not appear when called would-be fined . The following witnesses were then called : — Lavinia Benin ? gave Murray a good character .
The Solicitor-General said the counsel for the defence had some other witnesses to call to the character of particular prisoners ; but as they were not present , he would call one or two witnesses to speak as to the time when it was alleged some of the witnesses examined on Saturday night were in their houses . Elisabeth Wain , examined by the Solicitor-General—I live at Burslem . My husband is in town now I know Peter Rogers and his wife ; They applied to me on the 14 th August to sleep at ruy house . She came to me on the Sunday morning , and I ngreed that they should sleep at my house . They slept at my house
on Sunday night , Monday night , Tuesday night , and Wednesday night Ou Monday night I went for them to Mrs . Brooke ' s between eleven and twelve o ' clock . I went to the doar , but did not go in . My husband was with mo . Mrs . Rogers came to the door . I saw her husband and Mr . Gibbs coming from towards Hanley . My husband was standing by at the time . Rogers and his wife , and myself and my husband , then went straighc to my hause together . It was then about half-past eleven o ' clock . Rogers and hia wife then went to bed . We left Gibbs at his own dcor . Rogers and his wife breakfasted at our house on Tuesday morning , and left between nine und ten o ' clock .
Croes-examined by Mr . Allen—My husband i 9 a clockmaker . We oo not usually let lodgings , but I kue-w Mra . Rogers . There was great excitement in the town on Monday night , and many people about in the streets . I thick ic was ia August this occurred , the second week . I came to Stafford last night . I did not come of my own accord . A gentleman called forme yesterday . I don't know what he waa . I was never asked about these matters before . 1 cannot a wear -where I was on the Thursday preceding the fire , but I am certain I was at my own house . I was out on the Monday , about ten o ' clock in tbe morning , to hear about the fires . My husband smoked his pipe and we had two glasses of ale at a public-house . I took two aumll glasses . I waa yesterday told what Mrs . Rogers had sworn on Saturday . Charles Gibbs was with us at the time He heard what was told to me . There waa something said about Godwin . I did not get any money yesterday , nor did my husband or Gibbs . We were brought in a carriage . My husband wairt for the ale .
Re-examined by the Solicitor-General—I did not know who tfce gentleman was who camefor us . He put questions to ua , but did not write down the answers . There was no light in the room when he went to Mr . Brooke ' s house . Thomas Wuin , husband to the last witness , examined by Mr . Waddington—I am a clockrnaker . I know Peter Rogers and bis wife . They came to lodge at out house about the middle of August . It waa the Sunday before the disturbances . They a' . ept with us on Sunday night We went out about ten o ' clock , and went np the town and came back again . I went to the door of Mrs . Brooke ' s with my wife . While standing there Peter Rogers and Charles Gibbs came np from towards Hanley . We were talking about the disturbances , and Mrs . Rogers came out We all four went towards my house . When we got home it was noar about half-past eleven o ' clock . Rogers and his wife then went to bed . Gibbs went into his own house as we were going towards home .
Cross-examined by Mr . Allen—I had been that night through the town of Buralem . I was not looking at the firea at Hanley . I went into the Leopard and had a pipe . We had two juga of ale . My wife drank nothing ; she never drinks in public-houses . I will swear she draok none that night The gentleman who was with mo paid for the ale . My wife was at home on the Thursday evening before the Sunday—at least I found her there when I got home . The gentlemen who came yesterday never told us a word of what the Rogerses had a worn . Gibbs was fetched afterwards . I was tol'l nothing of what ' any witness had sworn on Saturday night Nothing was said about a witness Gedwiu . I was at home the Saturday before the burnings . I got to bed before twelve o ' clock tbat night I can hear the town clock of Burslem from my house . The clock was broken on the Saturday week by tbe colliers , but it had been set agoing again previously to Saturday , tbo 13 th of August
Charles Gibbs examined by the Solicitor-General : I live at Burslem . I am a tailor . I know Peter Rogers well . On the night of Monday , the 15 th of August , I went with him to see if it was correct tbat Mr . Forester ' s premises were on flre . We went off about half-past nine that evening , and went to Hanley . The flooring and roof were on fire when we got to Mr . Forester ' s . We stayed about an hour , and then returned to Burslem : the distance ! b about a mile and a quarter . I saw Rogers go to Mr , Brooke ' s door , and then he went away with Wain and his wife . It was then about half-past eleven o ' clock . Cross-examined by Mr . Allen : I was nevsr asked about these particulars before yesterday . I have previously mentioned that I had been with Rogers to Forester ' s fire . I was ths first person asked questions yesterday . I did not attend much to what was going on , as I felt rather nervous at being called on as a witness at a short notice .
The SOLiciTOB .-GrENEB . Ai , said it had been stated that the witness Godwin was drunk , although the question was not put to Godwin himself . He asked the eourt to put the question to him , in order to ascertain the fact Godwin was then recalled ; and in answer to questions from the Chief Justice , stated positively that he was not drunk at the time he saw Eilis at the fire . In answer to Mr . Allen , the witness said there were no other persona , friends of his , with him at the fire . It was near three o ' clock in the morning . Mr . Allen then addressed the Jury on behalf ef the prisoner EUis , in reply to the evidence that bad just been callsd on the part of the Crown . The whole question they < Jvould have to decide was , whether he was present at any time during the burning of
Mr . Aitken's house , with his face blackened . The Crown had peculiar advantages , which they were not alow to make use cf—they had the dispositions bix weeks previously , and were all aware of the nature of tho evidence to be preferred against him , while the prisoner was in total ignorance of the movement of the Crown , or of the evidence that waa to be called against him . guch was the present practice of the criminal law in this country , and it was only on Monday last the prisoner was apprised of the nature of the offence of which he then stood charged . What could the prisoner do under such circumstances but endeavour to procure the beat evidence at the moment to show that be waa not present at the time alleged in the indictment ? The Jury would bear in mind that the prisoner was then before them on a capital charge , and if
any reasonable doubt existed in their minds , he felt s-itisfied they would give the prisoner the benefit of that donbt . The Learned Counsel then proceeded to comment at some length upon the evidence adduced in favour of Ellis , and contended that they could not , after such evidence , believe that Ellis was at the fire . The discrepancies of the witnesses on Saturday night -were of the most trifling and unimportant kind , while the main facts bad not been disproved in the slightest particular . He could not help remarking upou the severity of the couise adopted by the Crown in employing the whole of the previous day in hunting np evidence . to rebut that which bad been produced in fivour of Eilis The Learned Counsel , after a most impressive address , said he would leave the case with perfect confidence to the decision of the Jury .
Ttw Solicitor-General then proceeded to reply up ? n the evidence . He thought he should best discharge his duty by merely referring to the evidence tbat had been laid before them , and then submitting that evidence for their opinion . That there was a riotous and tumultuous assemblage en that evening there could be no doubt ; that they attacked and destroyed the houses of Mr . Forester and Mr . Parker by flre that evening was equally certain ; that a portion of the mob , in the first instance , proceeded to Mr . Aitken ' s , and broke tbe door and windows , and tbat they were followed by the remainder of the mob ,. who proceeded to the work of destruction , and ultimately succeeded in
destroying the house , was also dear . Thequeation then was , had the prisoners been identified as a part of that mob , and bad the prisoner Ellis been shown to their satisfaction to be present aiding , countenancing , and encouraging the mol > 1 He did not mean to say that the mere fact of a man being there was enough to convict him of being a party to the criminal acts of the mob ; but if they could , by his words and acts , both before and after tbe transaction , connect a party with the conduct of the mob , they would then say whether he was there for an innocent or a criminal purpose . With regard to the greater number of the prisoners , be believed they could have little donbt , if they placed
Untitled Article
credence In the testimony of the witnesses , that they were guilty of the offence laid to their charge . The learned Counsel then went over the evidence against the several prisoners at great length , reserving EUis for the last H « would then take the < m * j of Ellis , and ha called upon them to dismiss from their minds everything they had heard which was likely to prejudice their judgments , and to decide upon the evidence that had been laid before them . When they called to mind his conduct and speeches on the morning of the fire , and bis subsequent addresses to the mob . they eouM have little doubt , if they believed he was present , that he was there with a criminal intention . The Learned Counsel had not closed his address when our report was despatched .
( Before Mr . Baron Rolfe . ) John Hollis , Samuel Simpkin , Robert Clish , James Mason , Francis Taylor , John Room , George Sharpe , William DurBeld , George Fletcher , and John Brook , were indicted for an unlawful assembly at Mr . Host's colliery , and assaulting Benjamin Benton . Mr . Sergeant Talpodrd stated the case . It was the most serious charge that had arisen out of the riots in the southern division of the county . On the evening of the l * -h of August , four persona were taken into custody , and locked up in Wolveihampton , on a charge of riot ; the next morning a large mob assembled with sticks and bludgeons . The mob then went away towards one of the collieries , and in their way they met a constable named Benton . Some of tbe mob cried out , " That ia the man who took the prisoners
yesterday . " On that some of the mob threw stenes at him , and he made his escape into the house of a woman named Hanshaw , who had a son lying sick in bsd . The poor woman being terrified , shut the door , but at last was compelled to open it , when the mob rushed up stairs and found Benton concealed in the room . They dragged him out of his hiding-place , and commenced beating him with bludgeons and cinders , and continued to do so until he becams almost insensible . They cut and wounded him iD a most dreadful manner , and he would show that the prisoners , or one of them , would seem to have de 9 irod hia deatb . He would show that the prisoner C isb , after the constable had' bseu severely beaten , raised him up from the ground , and said , "He has not . had enough ; " that
Clark then struck him in the face several times . In fact , the whole of the evidence would go to show that the aasault was of the most serious nature , and tae case ¦ wo uld require the most attentive * consideration of the Jury , inasmuch as the punishment which would follow a conviction upon a charge of that nature . would be of a very serious description . The Jury would hear from the witnesses a description of the kiud of cinders with which the constable had been beaten and cut ; they would hear that they were not of the light description commonly known aa ciiidera , but of a weighty and most dangerous kiud .. It would be shown tha $ , after having beaten the constable in that Bavage mariner in the house , they dragged him to the brewhouse , and some of the mob called out , " kill him , kill him . "
Benjamin Benton was then examined , and deposed to the facts as stated by the Learned Sergeant ia his address . He identified Mason as one of the mob who struck him with a cinder . He saw John Room up atairs when they were beating up ; but he could not b wear that Room ill-treated him in anyway . Ha was amongst the mob . Hollis was one of tiae party in the brewhouse , and struck him on the head with a largo stick two or three times , After the mob had beaten him he was taken home in a oart and put to bed . Hu was attended by Mr . Best , surgeon , and had not then recovered from the effects of the beating he had received . Mr . Huddleston , for the defence , subjected the ¦ witness to a long and searching examination , but nothing material wasjelieited . J ^ mes Henshaw waa then examined aa to the attack on hia house , and corroborated the evidence of the last ¦ witness .
John Davis aaid he distinctly heard one of the mob aay , after they had beaten Benton , " D—m his eyes , he ia dead enough . " Benton was then lying on the ground bleeding very much . He waa then quite insen&ible . He heard Drew shout several times , " Kill the- — . '" Tbe assault was committed about eleven o ' clock ia the morning . Simpkin stopped the cl .-ck in Heri 3 haWs house by kicking it over . Never mentioned that circumstance before to any jerson . Witness -identifier ! Hollis aa one of the party who surrounded and attacked Banton . On his cross-examination , he said he had never been asked about the clock , but it waa the fact He did not know any others of the prisoners . The trial was proceeding when our report waa despatched , and the case ia likely to occupy the remain-, der of the day .
( Before Mr . Baron Parke . ) Thomas Rowley , John Rowley , Thomas Smith , Mark Baugh , and Cornelius Hicken , were arraigned for a riotous assembly and riot , and for an unlawful assembly , on the 3 rd of August , ia the pariah of Norton Kaues South Staffordshire . Mr . Sergeant Ludlow ai . d Mr . Godson conducted the prosecution ; Mr . Mete ? ard appeared for the der fence . Mr . Hanbury , Jan ., was part proprietor of the Brownhill CoV . iery , Norion Kanea . On the 3 rd of August ,
fibeut 300 persons , armed with clubs , came to the Croft-pit , and required the men to leave work , saying , " We will have the — out" Aa the men came out he protected them as well as he could . When the men reached the pit ' s mouth , one of the mob read a paper , containing a resolution of a public meeting , which was to the effect that the meeting had agreed that the men should not work for leaa than four shillings a day , for nine houra each day , including one hour for dinner . They were also to have two quarts of beer each clay .
Marlow saw the mob who knocked up the men at the Setdhousa pit belonging to Mr . Hanbury . Rowley , Smith ,. Hicken , and Baugh were there . Baugli was a leader . James Yeate 8 saw the mob at the first pit of Mr . Hanbury , which was called the Craft pit . He then saw them at the Seed-house pit , frem which they compelled men and horses to come out . There were four pita , belonging to Mr . Hanbury , within half a mile of each . He saw Joan Rowley active at the Seed-house pit John Rowley was there . Sarah Martian—Mr . Han bury ' s colliery constated of four pits , viz ., the Craft , Seed-house , Rising Sun , and Shallow pits . On the 3 rd of August she saw a mob of 150 persons coming two and three a-breast , with Baugh at their head , from Pelsall , towards the colliery . Witnesses to character having been called by tbe prisoners , his Lordship summed up , and the Jury returned a verdict of Guiity againat all the prisoners of " an unlawful assembly . "
John Rowley , Thomas Rowley , Mark Bangh , Samuel Smith , Matthew Hart , Joseph Key , and Cornelius Hicken , were arraigned for a riot , an unlawful assembly , and an assault , with others , on the 13 th of August Mr . Sergeant Ludlow said that the Crown was not in a situation to put Samuel Smith on his trial , and therefore wished him to be acquitted . The Court accordingly directed bis acquittal . Mr . Metey ard defended the prisoners . Mr . Serjeant LUDLOW stated the case , which made Mr . Hanbury ' s colliery the scene of tbe riot and assault
Mr . W . Hanbuiy , jun ., was at his colliery ( the Brown Hill ) , near the back yard , on the 13 th of August . The four pits extended over 400 or 500 acres . On that day he saw a mob approaching tbe men , four ef whom were repairing the bank . There were barrows at tbe place . Witness said , " What do you want here ? we don't interfere with yon ; why do you interfere with as ? " The mob cried out , " Tou get bread and cheese here ; we can get neBe , nor shall you have any . " He sai-A , "Why must not we ?' One cried out , " Read the law ';" which a man did . The law stated that the miners should not work under four shillings a day , for nine hours , including one hour for dinner . They were also to have two quarts of ale . The men of the pit were rolling spoil on barrows , which tbo meb overturned . Two of the mob went up to this rean , Cresswell , and collared him . Witness interfered ; when the mob seised witness by his legs and arms , and rolled him into the canal , into which he was flung , and went to the bottom . Hia head was covered v / ith water .
Samuel Thackyard worked at Mr . Hanbury ' g on the 13 th of August On that day the mob came up , and said , " Put your tools down and go with ua . We will duck you in the canal if you don't '' They came up in bodies of two , three , and fonr , and insisted on making the men go with them . They attempted to throw Cresewell into the canal . When Mr . Hanbury w . is thrown in , he beard a cry of " Throw him in . " Tbe prisoners King , Baugh , Smith , John and Thomas Rowley , were there . Mr . Mete yard addressed the Jury , and called witnesses for the defence . Thomas Creswell corroborated the previous evidence , and stated that Bicknell , the two Rowleys , Smith , and Baugh , were in or near the mob . Yeates , jun ., and Mr . Roberts , gave similar evidence . Mr . Roberta identified Baugh as one of the mob .
Sarah Martian also proved the above facts . She heard the mob cry out , " Come lads , knock up your work , put on your clothes , and you wil soon ba your own master . " She said that master was comirjg up , when one of the men taid , " That's the b- we want" There were 150 men and boys in the mob . Mr . Metev ard addressed the Jury , and called witnesses for the defence . All the prisoners , with the exception of Matthew Hart , were foond Guilty . A warrant was issued for the apprehension of a man named Davis , who was included In the above indictm « nt , and was out on bail , but did not appear .
{ From ow own Correspondent . ) CONYICTION OF HENRY ELLIS , JOSEPH LINNEY , AND TWENTY-OWE OTHER PRISONERS . —SIX TRANSPORTED FOR LIFE . The work is done—the oppressors of the ^ working classes can now rejoice , for they have tnnmpbed , Mr . EHisand Mr . Linneyare convicted . On Saturday it was unanimously allowed by all parties that Mr . EUis bad established a most satisfactory alibi But Sunday intervened , between that alibi and the
Untitled Article
finding of the Jury . Of that interval the prosecutors madeUhe best possible use . Mr . Stephenson , the Solicitor , set off for the Potteries on Satnrday , and returned on Sunday night with three TOtaeaies to disprove the alibi . That they did to thesati&fackoa of the Jury . The Solicitor-General , jshi&own . oil y ^ methodistical way , turned the evidence of . those wit- ; nesses got up at the eleventh hour ^ rto bia own purpose . He occupied two hours in that meritorious work ; that was his duty , and for doing that duty he is paid . The Chief Justice was engaged five hom » in Summing up , aa hour of which tuns , was devoted to Ellis's case . His Lordship . certainly took great pains with tbe case , but he dwelt witb . more than ordinary confidence upon the evidence si ted out last night iu the Potteries , to which : he affixed the greatest importance . The Jury had to retire before they had agreed . But by their countenances on their return to court it was easy to discern how the balance turned . Their names were called over in the usual
order , as also were the names of the prisoners . The clerk of arraigns asked if the Jury had agreed to their verdict . The foreman replied in the affirmative . He then read tho list according to the verdicts . During the reading the most breathless silence prevailed . The list was as follows : —Elijah Simpson , Guilty ; John Owen , Guilty ; Thomas Murray , Guilty ; George Kilson , Not Guilty ; Philip Deane ^ Not Guilty ; W . Spoor , Not Guilty ; Henry Howard , Guilty ; Win . EUis , Guilty ; A . Wood , Guilty ; Eujat Clay , Guilty ; James Greene , Guilty '; Richard Croxton , Guilty ; John Rafhbone , Guilty ; W . Dunne , Gailty ; Thomas Roberts , Guilty ; Wm . Fearne , Guilty ; and George Golclough , Guilty . Mr . Ellis bore his sentence as if he was prepared for it . A slight quiver passed over his countenance which immediately resumed is 3 usual calmness . He and his doomed associates will be brought up for sentence to-morrow . If transportation be their fate , the people may be assured tha , t their immediate removal from this town will take place .
Before Mr . Buron Rolfe . John Room , John Hollis , Samuel Simpkins * Robert Clerk , James Mason , and John Taylor were convicted of havias ; attacked and beat a policeman named Beston . Tftey wero " 11 transported for Jife . Charles Lee was arraigned for , and convicted of a riot . He was sentenced to six months hard labour . - Joseph Linney , and Michael Byrne , were convicted before Sir . Baron Rolfe , of an unlawful assembly ; on the 27 th of August . They were indicted for riot and assault , but that indictment failed .
Tho 3 o convictions are what the people expee ' ed . The Special Commjssion was not got up for a mere idle mummery . Sir Robert Peel and his party are too much men of busiuess , to be guilty of such a folly as to seud down to this county these judges , merely to strike awe by their presence . No ! Work he and his party were resolved upon , and work they have done . What may be the result of that work will be shortly known . The eyes of tho couatry are upon the Special Commission ; the feeHuRd of the country ere throbbing around it , and the country itself will undisguisedly pass the ' r verdict upon the object aud the operations of this Special Commission . Neither fear , terror , or torture , has as yet reconciled a country to a tyrant's rule .
v TUESDAY , October 11 th . ( From the Morning Chronicle . ) BURNING OF THE REV . MR . AITKEN'S HOUSE
CLOSE OF MONDAY'S PROCEEDINGS . At the time my despatch was forwarded yesterday , the Solicitor-General had not concluded his reply upon tbe evidence . Upon tbe conclusion of his remarks tbe Court adjourned for ten minutes , to enable the jurors to obtain some refreshment . Ooi the re-aasemblini ; of the Caurt , The Chief Justice , in his usual clear and perspicuous manner , summed up the evidence ; and after a powerful address , which occupied neatly five h « urs , the Learned Judge ief t the case to the Jury for thsit decision . : The Jury asked Jeave to retire for a fow minutes , and , at the expiration of about ten minutes , returned into Court with their verdict , which was read over by the Clerk of the Arraigns as follows : —
" Elijah Simpeon . John Owen , and Thoma 3 Murray , Guilty : George Kelsall . Philip Dean , aud William Spode , Not Guilty ; Henry Howard , William Ellis , A Wood , Elijah Cray , John Cunliff , Joseph Green , Richard Croxton , John Ratbbone , William Turner , Thomas Roberts , William Fearne , and George Coldough , Guilty . " The prisoner Ellis burst into tears on the verdict being announced . They were then ordered to be removed , and the Court adjourned at seven o ' clock till the following morning . . ( Before Mr . Baron R » lfe . ) The trial of Thomas Rowley , John Rowley , Thomas Smith , Mark Baugh , and Cornelius Hichen , for riotous assembly and riot waa proceeded with .
The evidence against these priaoners was given in my despatch of yesterday , at the time of dosing of which Mr . Hudi'leston w ; is about proceeding to audrasa the Jury on the part of the prisoners . Having done so . The Learned Judge summed up the evidence , and the Jury returned a verdict of Guilty against all the prisoners . The prisoners , being called upon by the clerk of arraigns , vehemenently protested their innocence . The Lenrned Baron said the prisoners liad been clearly found guilty of a felony , which disclosed a £ cene of turbulence and vio !« nce rarely detailed in n , court of justice . They were inducted under a statute which , if , pressed to its fullest extent against them , would have led to their being capitally convicted , and had they
been so indicted and found guilty , he should have felt great difficulty iu recommending a mitigation of the extreme penalty of the law . They bad , however , by the clemency of the Crown , been indicted upon the milder provisions of tbe act , but still they were guilty of a crir ; e little short of murder . During tbe painful investigation that had taken place he had hoped there was one bright spot in the outrages that had disgraced tbat part of the country , namely , tbe absence of persohal violence . Theirs , however , wbb a most atrocious case of violence ; they had been clearly convioted of it , and he would not be discharging bis duty if he did not inflict upon them a marked punishment , and at once sentence them , one and all , to be transported for the term of their natural lives .
Charles Lee was indicted for a riot at Mr . Johnston a pit at Bilston . From the evidence it appeared that a few men continued at work after the turn-out , but a great mob came up , among whom was tbe prisoner , and brandished a cudgel in the face of one of the workmen , and by intimidation , and their numbers and violence , induced ths mea to leave off wotk . The prisoner was defended by Mr . Whallet , who said it was quite unworthy of the Government to make Euch trifling cases objects of prosecntion by the Crown . The man , if he had committed the ofR-uce with which be stood charged , ought to have been brought before the magistrates and summarily convicted . Tbe Jury found the prisoner Guilty , and he was sentenced to six months' imprisonment and bard labour . Tbe Court then adjourned . ( Before Mi : Baron Parke . )
Joseph Linney , aged 33 , a man who appeared much superior to the general class of his co-prisop . e « , and Michael Byrne , were arraigned for an unlawful assembly , riot , and assault , on the 27 th August , in the parish of Kingswinford . Mr . Sergeant Ludlow and Mr . Godson prosecuted ; Mr . Neale defended Linney , and Mr . Spooler appeared for Byrne . Mr . Sergeant Ludlow stated the case . It app ? sred that , inconsequence of a proposed meeting at Kingswint ' ord , on the 27 th August , a notice of it waa sent to the magistrates , who called together the yeomanry . be tba
Whatever ( said the Learned Sergeant ) rni ^ ht criminality of others who took part in the late riots , a greater offence against religion , morale or the constitution could not be conceived than that which liad been committed by the guilty persons who encouraged the perpetration of those acts . He alluded to Lii > ney , an itinerant orator , who went about from place to place poisoning the minds of the people . His object was to exasperate and pollute the minds of the poor working classes . No pnuishment could be too severe for persons who led them on to crimes , bufc who , coward-like , fied from the danger into which the r followers were placed by their inflammatory harangues .
Mr . Reuben Plant , a coalmaster , Hvinf ; at Goosstraybank , near Brcckmore-green , close to Datiley ; examined by Mr . Godson—On Saturday , August 27 , he saw people going to a meeting near Brocfcmore-green . It had been a place for meetings . One waa held there on the 24 th . He saw Liocey at a quarter to flye o ' clock , p . m ., going towards Brockmore . Witness was greatly alarmed before and after seeing Linney . There was a report that the colliers would meet Linney , aud then have a reckoning . WitncfS had a greut cumber of men in his employ . A man named Collins was with Linney . Witness notified to Captain Bennett , of the yeomanry , and a magistrate , that the meeting would be held . On the 3 rd of August there wag a meeting , which was attended by Linney , who said that he expected to meet hundreds , but that he was glad to see thousands . There were thousands present . He addressed them as follows : — "
Countrymen , brothers . Chartists , aud oppressed colliers . " Be bid them stick out , and said bis interest was theirs . H they would stand out , they should have their wsges and all thby wanted . The masters in this county 'Were calling out for protection , and why ? Because they knew tbat the poor were a starving people , and a starving people were a rebellions , people , flhe masters said " they can do without you , but if you stand and be ruled by one , we will show , them whether they can do without you . We will put them in a ship and shove them off , and tell them we can do without them . " The mob shouted . He then said « ' we will divide the land , and live upon it aa ours . " [ Linney here laughed . } He was from Bllstoa , but witness did not know bis trade . The mob consisted of culliers . The men worked until the 3 rd of Aug ., the day of Linney ' s speech . After that they ceased working . JThe crowd was determined , and cursing their masters and oppressors . [ Linney here burst out crying , j ( Continued in our Seventh page . )
-
-
Citation
-
Northern Star (1837-1852), Oct. 15, 1842, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct775/page/6/
-