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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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COURT OF QUEEN' S BE > XH , fwui-Y , ' ji . w oJ CSittings in Banco . J } SEHKEKCES ON THE CS&STISTS . i
THE QCEEX V . COO ? EE AXD BICHAKDS . These defendant * appeared in court " this morning . Lord Chief Justice » esmas asked -if they had wry affidavits to put in ? The defendant Cooper then put in on affidavit , static ? tint the eridence « iven athiast "him at Stafford efcirflv srose from si > e * cbes and acts alleged t © have been * poke **» d coze fey the defendants and others ; tfaatthse xrose from the f ^ ct of the manufacturers ' intention *> rsGuee * fae wages of their -workmen . At tba * D-ri » a creat latitude of speech had been allowed t . v tru eoremroent to » be magistracy and other wealthy i . -.- . r » , and this language was stronger than that ustd i v the defendants . There had been published at Manchester « papered = the AxtiBfead Tax Circular , witbte MKtt-r . j . fc- Corn Law League , of which many -ef the n ^ fwiraU-J were members . The affidavit then went on to -give extracts from this publication , but tbs cficer of the court , who was reading the affidavit , vas stopped by
Lord Demi a *' , who said he fcop ? d the affidavit did » ct pantBin much matter of that kind , because it dk » not bear aay application to the case ; it could on \ yfce wanted to show the kind of language which had been need , but the Court conld not permit libels a « ninst others who were not present to be placed upon the . files of the court-Cooper said , that be and bis venerable friand ( Eichirdsi should feel aggrieved if they were Jiot allowed to have the affida"rit read . Lord J > EXi £ AK said they were not trying other parties , an (* the miscentfnet of others was no fastifica-6 on of the acts of the defendants . -Cooper said it was their feeling that tfeey were not the guilty parties , but that other persons were , who-bad not been indicted . . Lord DKfiiAX said that had nothing to do with incitin * to sedition .
Govpex said they must beg the Court to allow the affidavit to be read . Lend HzsujlS said they might have the benefit of the ssrgumeBt without the Court bearing that read , whieh was particularly offensive , and perhaps might be ¦ editions . Cooper said they felt it hard that they , aa working men , should be indicitd , while those who were . great in the land were suffered te go free . This appeared to them to be something like a screening of the richit seemed like one law for the rich scd another for the poor . If the affidavit was not read , be should feel it to he unjust . They were so perpetually interrupted at Sta&ird that they did not expect such-treatment in this Court . Lord 2 > E 3 Xa > ' thonght that would Eave led them to expect it
¦ Cooper said , that those persons in authority , to ¦ wiom the poor looked up , had not been proeecated by the -Government , while the workisg men had been indicted . LordDEhKiS said if he cboee to put forward * geoezal statement to that * feet , there would be do -objection ; bat the whole of the time was not to be t * ken « p in bow ing libels charged on other parties not before the Court . Cooper said the affidavit was so arranged as to f « tm a series of extracts , showing the parties who were to blame . HisfiJvjnmeDt was , that the Government being a wire -of this , had toltrated it to sach & degree as to amount to a sanction . Lord lE > i ! i > ' said that might be stated in general termsin the affidavit , but the Court could not permit thb affidavit in its present stats to be put upon the files of the Court .
Cooper said he felt a strong reluctance to take the affidavit back ; it appeared bke assenting to aa injustice . Lord Be * vJ ! a > ' would not allow the affidavit to be read ; the defendants , if they did not choose to alter the affidavit , might address the Ceurt in mitigation of . pu-TIT Bn * t ^ P t-Cooper said be could not then defend himself , and he night as weD sit down at once . Lord SEJitAN—Sit down , tben , if yen dont choose to address the Court in mitigation ; we give you the opportunity if you think proper . Cooper said it would be impassible to proceed if be was treated , -in this manner . Hs was about to request the Court to eeonaider their detemination . If he was thus to be treated it was impossible be could address the Gaart .
The defendaat Richards then proceeded to address the Court Se -would take a short rrebospective view of the eaase and origin of these distoaba-. ces which had disgraced Staffordshire during the saraaier of 1842 . It was weC ^ Eow&'that then were iron jcanters carrying on extensive wastes in that county . Front some cause reduction was made m the wages cf the woxSmen ; this reduction bad exasperated their minde ^ -tat they had struggled on with . the difficulties arising from the reduction for dome Keeks , when a still greater reduction took place , and eventually some outragat had taken place . They were barged with being the instigators of the outrages , bet < he would ask permission to draw the attention of the Court to a eireamsUsce which bad transpired in tbs town of Boniest « ae days before the eoHtfneneeaent of what were Wmed the
Pottery riots . There was some collection aiadffor the support of those who « ere out of employment They considered themselves to be insulted , they wiea arrested and committed to prison . The men , uaosed te that kind of treatment , immediately determined oc the release of ttair neighbours . They accomplished it . Thia was two weeks before the outrage , and it could not be ( aid that he and hit friend Cooper could be the ioetigators . The Court would see that the origin and casae of the outrages did not lie with him or bis friend , bet most be placed to the aosount of those who had turned these men out of employment , and b&& exasperated the minds of their workmen , fie sggjo , * aot be the instigator of a thing of MWHfc fm . » in p nothing , and bad no acting part . Ho
vnea eeald deplore what had titVtfi place more'than himself . He thought from bis general character , never having been before a magistrate for thirty years , that the Court would presume be bad not been such an instigator . He hoped that circumstance would have its due weight upon their Lordships' minds . Be admitted that be had recommended a cessation from labour , but witb these condition *—that every man should keep himself Bober , and net become a burden on the parish . That adviee was not acted upon , and the unfurtan&te occurrence took place . He lamented that many of the guilty parties acted under the influence of liqaof . There existed no proof that he had in the slightest degree instigated any of these parties to acts of violence . He would refer to the evidence of Andrew Rowley . That
witness swore tofartawpicb . he must have known to have been falsoifc ^ MMfefe call the attention of the Court to tiie evidence of a person of the name of Forrestsr , zni to the meeting at Stoke . The meeting wae convened tor the purpose of obtaining meana for the support of those who are in distress . It was called together by the authorities , and held by their consent ; as that ws * the case , the metting could not be considered ae illegs ! in its character , and he could not conceive how his atteudacce at that meeting could be considered xs a breach of the law , particularly ai his only object was the relief of his feljow cresturts in distress . Forrester stated thut Joseph Capper tficred to give up his property proviied any other persen attending the meeting would b ^ coM the motion . He did not think that the evidence of
Mary Bradley , who was the wife of the policeman , ought to have been admitted . He had declared that be had an objection to serve in the army . He did not think that his objections on thi « ground cnjbt to have militated against him . The observation was made in the course of private conversation , and it was monstrous injustice -that this observation should be brought 3 gainst him . The witness Bramore was little less than a maniac He could with little difficulty establish that he was not ^ f sound ainrt , and his evidence against him was worth little or nothing . Had he been ^ permitted , be could have pr » - Jnced the most respectable evidence to substantiate everything that he had stated . He had observed , and would repeat it again , thit the labouring man had no
protection , and therefore he bad recommended the adoption of the Charter . This had produced great discontent among the labsnring classes , given rise to angry feelings , and led to the acts of violence of which they had been charged . He maintained that universal representation was a right of the people . As the possession of tbe tlrctive franchise bettered a man ' s condition , it was natural that their doctrine should meet with Euch universal support among the labouring classes and working men . Without the possession of this right the poor man conW not be elevated in tbe condition of society . He repudiated the imputation of being a Destructive . If it were , a come to advocate Universal Suffrage , he must continue as long as he lived to wmmxt tkat criminil offence . He had travelled during
twenty years of his life , and had seen much of destitution ; he had seen people naked and starving ; and-was it surprising , having seen this distress , that be should reel for the sufferings cf his fcllow-creaturea ? It was to mitigate this distress th » t the Peopie - s Charter was <* i £ inated . The poor girls of the mining districts were in a state of slavery far more revolting than th » worst description of slavery in the Wtst Indian Islands . Be had been in the Wert Indies , and spoke from personal experieaca . Was it not a benevolent object to endea-Tour to alleviate the condition of the working people ? As for the Ballot , it would be of no service to him ; but M a means of protecting tbe poor from the vengeance of their rieher neighbour * , he advocated aecret voting . With regard to the abolition of the property
qualification , tbe Chartists only claimed that which they had « right to by the ancient principles of the confutation . The Chartists also advocated equal electorial districts throughout tbe country . These were the views of the Chartists . He bad advocated these principles for the last forty yean . HU tutors were Charles James Fox , Major Cart weight , and other eminent men of that " day . ! Another consideration be wished to bring before the Court was , that be had already been incarcerated twelve w « ekj . Hespptodfor bail , but whether magistrates understood Mm er not , be did sot know , but he was ' not bailed- He bad sot then been tried , and was only ; charged with a misdemeanour . He bad for three weeks only one pound and a half of bread a dayaud tbe pump ., Wai that the way to conciliate his mind ? If that was i the intention , was that the plan to a 4 opt f They bad j
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rivette-3 his principles npan his mind by their conduct . Tfcere was another swrese—the little petulant jealousies manifested towards > hhn by those who ha < 4 formerly respected him , and 'thought it an honour to walk with him . One of the-eonstables asked him a few days before his arrest wby he did not run away ? He answered , no , nevsrwonld he run away when he waa not guilty of a crime . He believed all that was wanted was the ' banishment of himself and a few others from the town , although be had never injured any one . He wosld not ad vert to his advanced period of life , but let tbe "Court consKer th ? expence to which he had been pet in defending himself , and fee thought the Court wouM then think he had been pretty well punished for advocating th&People ' s Charter . He hoped the Court would look at all the circumstances of mitigation which might arise to their minds from tbe arguments be bad orzed in his favour .
The defendant Cooper then proceeded to address the Court- Had the affidavit been admitted , it would have alleged that they had erred , it they had erred at all , in fplowing a precedent set them by the Anti-Cora L ^ w League , and tolerated by the Government He knew it bed been observed by the Judges that the conduct of the Anti-Corn Law League was no justification for his aged friend and himself ; if the League broke the law , it gave others ho right to do the same ; and he knew that more than one judge had said , that if the League had done that which was alleged against it , the parties craght to have been indicted , and that if indicted , they would be convicted . But so far from saying tbat tbe Leagne broke the law , his friend and himself , arautd that they were following the example
of men in office , and that they must be keeping the law ; not breaking it . It was impossible that the common people could be at all aware that it was wrong to imitate those -who were above thtm . Their conduct was permitted by the Government , and bow could the nntdncated people know that they were wrong ? Every man knew what was meant by murder , and other crimes of that nature , but they did not know , nor did the majority of persons iu that conrt know what was meant by sedition . The Government alone knew It The Government knew what they meant by sedition , which was « yru * tbing tecdirg to bring the Government into contempt ; and conspiracy was something tending to bring tbe-Govercment into danger . They could not lose sight of the fact , that a large number of . persons
who were wealthy -and substantial had used languaee for months past far stronger than any used by himself or his friend , and that those persons were still at large . They felt they were treated with great injustice . They had read criticisms upon tbe acts of tbe Government in tbe Axii-Corn Lave Circular , the Horning Chronicle , tbe Globe , acd other papers , in which was language more inflammatory than an ) they bad used . Tbe iltfaodant then expressed his thanks to Lord Chief-Justice Tindal , and the . -judge who bere the honoured name of Enkise , for tbe kindness and urbanity he had received at their hands . He also thanktd the S-licitor-General for his conduct towards him , and he wished be could extend it to Mr . Serjeant Taifourd . The people imagined lhat what was allowed to be said in 1840 might
be permitted in i-S 43 . Although the affidavit was not . receivt-d , yet as-some observations were permitted him , \ be trusted the Court ; would conceive that they bad ! strong ground . for praying mitigation when they could I shew that persons in authority had used such strong ; language . In the Quarterly Rtview , Times , &c , it bad j been st&tsd that the Anti-Corn-Law League bad spread j sedition through the land . These facts had been stated } over and over again by the organs of the Government . . £ very one knew what was meant by murder ; common people know that emrder does not sanction murder ; but it was evident titre is a broad distinction between that and sedition—that the common people might pre- ; « ume that when strong iaugua ? e was permitted to per- ; sons in power , those who take them as their example
might think themselves ill-treated if they were not allowed to adopt the same U e . As the ' Crovernment were the only jndges as to the extent ef comment to be snade upon their acts , if people suffering complained , and it was natural they should , ' when men in rank used such language , tbe defendants stood , in their own conception , justified in following ' them . Those persons remained not only unpunished , but unchecked , and he complained of tbe conduct of ' tbe Government itself , in sot acting in a fatherly man- ! ner . If it allowed tbe wealthy and those who sit in ' tbe Senate-house to spread sedition , tbe Chartists felt it extremely hard that such a-Government should cause : them to be brought forward for punishment . It was ' not their object to txv to tbe Government
to prosecute the Anti-Com Law League . Sooga had betn published by tbe Leagne , and yet they Tee permitted . Tbe Chartists fn their bynns bad never u * ed ench language , Kothing was so like to raise into rebellion as the belief taat then was one law for the rich and another for the poor . The Government could not plead ignorance of tbe real cause of the ev 3 s ; every common" man knew that bis betters read all tbe publications which contained sveh arguments , that tbe conviction- vt the Conservative party wu that tbe Anti-Corn Law Leagne were the authors of all tbe oatbreaks . There was a wide difference between that case and those in Lancashire . It might be said he was nixed up with violence ; that although he might speak in mitigation , he had no legil
argument to urge . He had noticed the intense eagerness of the Learned Serjeant- to remind tbe serious Attorney-General , who did not seem much inclined to warm upon tbe cue , of every circumstance that bore particularly against him , while the Court was reading the report of ti » e evidence yesterday . As those things jointly would be urged against him , be would direct bis attention to - main point . It had been said that he bad been called by the Morning Chronicle the precursor of the Pottery-outbreak . He had read tbe observations of tbe Attorney-General in the Home of Commons with grear-swpriae . Bethought it extremely hard as he was not at trial that he should have been procttded against fife did n « t deny that he was at tbe Potteries but if it waa any conspiracy , it was only a conspiracy
against viol snoe and against tuf&rias , but he repudiated tbe imputation . of tbe Morning Chronicle that he waa the prec traor of these outbreaks . He wished to direct the aitei vtion of Ihe Court to the patchwork of which tbe evide uce agakut him was composed . There was a real inco mpeteocp about | the evidence of James , Davenport , the i urgeon , ^ nd others . James observed that they should i > 0 t cramrthe Charter down his throat , and yet be said he did cottnow what tbe Charter was This witness wss rjr uneducated workman . He ( Jamee ) said that if be had to prosaunce sentence , that they ( theCeartbts ) thoah \ bavefearteen years of it . This man Baid of Richards that be , jlichardB ) bad observed , alluding to the Queen , if tbaso are the Queen ' s sympathies , then to hell with be » - J »' ow Rich ^ rdB bad not
uttered at any public meeting * t the Sea Lion any such language . Tbe chairman" and joany otheia who were present at that meeting L "ad net iieard bis venerable friend Richards make use o' ¦*>* such language when speaking of the Queen .- E *» was , being a minister of the gosptl , incar able of doing so . He had been charged with coramitti " > g antac , and when this point was urged against him on his trial , he had inteirupted the Learne " 1 Secant , and he had declared it was an irre-evant poiut io bring against him . Brennan was one of the it competent witnesses He bad asked whether that man w ; * iarzze , but he had been told that that was an isnprop ' q » 6 Gti&n to ask . That man was not a proper person to place in the witness-box against him . He had asked i b * t wsiness
whether he had not been in an asylum , a *«> be observed with great violence that he had too & "ood a head fur that . This witness , it was proved , had , "n his possession certain stolen bottles . The policems ^ wfco gave evi 4 ence against him had been entreated by ' his fellow policeman to tume forward agaiDSt him , s ^ i repeat Bome words which it was represented had 1 * Mefi from him ( Cooper ) when confined in a watchhoi " ** - The policeman had said that he iCoopfcT ) told him that he was present at one of the flrts . Such was not I . ^ * ct-Goldsmitb and Devonport were tlso incompetent * ' *¦ neests . Tbe latUr , as was observed fcy the Court , ba « m « st singnlar notions on the subject of sedition ¦ tfcis
Mr . Devonport obstrved , that saying tfcat the House of Commons did not represent the people was seditio " »¦ He iMr . Dcvonportj did not appear to know that this ' language had been used , not only in newspapers , but by members of the House of Commons . Mr . Cwbden had stated as much ; and yet such was the ignorance of this witness that he did not appear to know that such expressions were extremely common . If tbe Court wonld rvfer to the evidence of Kowley and many others , it wonld be f- und that their character was extremely defective . He complained that he was to be punished on the evidence of vile vagabonds , perjurers , and men of the most depraved character . He would lcfi-r ta the evidence of Michael Holt . He trusted
that their Lordships would not give any weight to the evidence of that witness . . Michael Holt , who was a Methodist , expressed himself shocked at his i Cooper's i notions on the suVjict of the Sabbath day , the Trinity , and the eternity of punishment . He ( Cooper ) certainly exercised his right to think for himself on these points , and considering the latitude of {• pinion allowed on such occasions , he felt that , the Court would not allow this fact to militate against him . With respect to the burning of Dr . Vale ' s house , It was not established by the evidence that he had been implicated in that circumstance . It had been said , that he had instigated others , and was himself connected with the burning of several other houses belonging to * be clergy , and the only proof was the patchwork evidence to which he had referred , and the fact of bis having used language against the clergy . Was he to be arraigned for being a Unitarian ? He was informed that the Learned Serjeant himself ( Taifourd )
entertained Unitarian principles—that the Noble Duke who bad recently been buried was an Unitarian , and that he had inculcated such notions into the mind of tbe highest personBge in the realm—that Archbishop Whateley , and bis Right Rev . friend , tb « present Bishop of Norwich ( laughter ) also disputed the doctrine of tb * Trinity . Why even Dr . Paley , the author of the Evidences o / Christianity , was an Unitarian . ( A laugh . i Perhaps the meagre term Unitarian was not sufficient for the Learned Sergeant . If he found dignitaries ot the Church , eminent writers , in favour of Christianity , and individual * holding high stations near the throne , entertaining such opinions , surely be ( a working maa ) waa not to be punished for following their example . Then , again , be was not to be arraigned for disputing tbe idea of the eternity of punishment , or the divine origin of the Sabbath . He was capable of reading the Testament in the original 0 reek , and be maintained
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. , . . — that there waa no such word to be found in the Greek language . The Learned Serjeant on a previous occasion had taunted htm with vanity , that was a subject on whicn any man might be allowed to be vain . He bad learned himself ten languages , ere he was twenty-three yean 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 years over it , yet the Learned Serjeant could sneer at a self-educated shoemaker . He did not expect such sneers from tbe author of Ion . One witness stated be
bad said tbe Bishops were rolling in splendour while the poor were starving . That might be called sedition , but he believei it The fact was known to all . Could he or a teacher tell the people that the right reverend fathers in God never rode in carriages , wore horsehair wigs , or lawn sleeves ? Could be say tbat they were patterns of their Saviour—of tbe man , who clothed the widows , and wiped the tears from their eyes ? He must have said that which had been contradicted so ofcen . Could he have told the people that which was not true ? What was better known than the couplet from
Hudibras" What makes a church a den of thieves ? " A dean and chapter and lawn sleeves . " He cited HowitVs Principles of Priettcrafl—language much more strong than his had been used . That book had been permitted by the Government , and h ; id been largely circulated amongst tbe working classes . If it were just that he should receive a severe sentence , was it right that tbat book should have been suffered to exist ? The utility of the archbishops seemed to be to wield their mitres , sit in Parliament and assist Ministers , and manage their large domains . So far from this being a novel heresy , a writer in tb . 6 middle ages had said that poison was poured into the Church . It was said the bishop bad no flock , but had to sit in Parliament , receive his large revenues , and sit in bis
temporal courts . He hoped the Court would pardon a poor Chartist preacher , who had only attacked tbe bishops in the same manner as those who bad gone before him . Bishop Portous had written tbat one murder made a villain , millions a hero ; and yet that very same bishop bad afterwards voted for a war , aDd when asked by a witty peer whether he had not written those lines , he answered they were not written for that war . Black wood , in his magazine , bad said in answer to n question , why was snob a person made a bishop ? th&t it was because he enjoyed the relationship of some female favourite of royalty . When be had all this before him , was it to be said tbat be was to preach tbe contrary ? Was tbe Court then to send bint to a prison for years or months ? Lstimer and others bad
said so much , Mid Latimer had said that he would be unbisboped if bis sovereign opposed Christianity . He h » d seen the fire flash from tbe poor men's eyes when he preached to them the conduct of these great men . Was that to be called a violation of the law ? As the poor hud to pay taxes , and as it was understood that the wealth oCthe biBhops formed part of the taxes , their riches bore ] ¦ ¦ upon tbe labour of tho people . If all Chartists wewput in prison to-day , they would preach Chartism to-morrow , and until they were convinced they were wrong . The defendant read a vast number of extracts from Howitt ' s book . The Government had permitted this book to be sent into the poor man's house , and why then should the Chartists be prosecuted wbo had not used language anything like bo strung as
he had written ? He said tbat the bishops of tho present day di'l not follow the example of Christ . He said no more than many others had sa'd before him . Thin ought to be taken into consideration when the Court came to the question of mitigation of punishment . It was extremely hard tbat HowiU and other writers , who had openly advocated opinions adverse to the existence of an established church , should be allowed to escape , and that he and his venerable friend should be brought up that day to receive sentence for inculcating similar notions . Why should there be one law for the rich and another for the poor ? If he waa to be punished for honestly expressing his opinions with reference to the abupes of the cburch , and incapacity of tbe clergy to teach tbe troths of religion , he would retire from tbat bar to bia prison with a strong sense of the great
Injustice of tbe sentence . He moat solemnly said that be did not instigate to acts of violence—that be did not commend It The Learned Serjeant had sneered at bis ( Cooper ' s ) having sued the words " peace , law , and order . " Why should be be sneered at for doing to ? Witnesses had sworn tbat he bad at public meetings cavtioned tbe people aeainst act * of violence—tbat bu had urged upon them the preservation of the public peace . He did not complain of tbe conduct of the magistrates of Staffordshire : they kad always treated him with kindness . But be did complain of tbe questions which tbe magistrates put to a witness . Tbe witness who beard his speech at a public meeting was asked what was bis peculiar look when be was making that speech , and tbe witness said in reply that his ( Cooper ' s ) speech was an " inuendo" speech . Was the evidence of such a man to be taken ? He
told tbe people that 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 been said he talked about the harvest and yeomanry . Tbe witness did not swear to any connected tentences , but merely to disjointed words . He had certainly said that there were only ten soldiers in a particular town , bnt he did not do so with the view of promoting violence among tbe people . He certainly advised tbe stoppage of all work till the Charter wja obtained- The judge on the bench himself , said that he ( Cooper was perfectly legal in recommending tbe cessation from labour and tbe adoption of the Charter . He had not told the people to go and take possession of the harvest , and yet that had been
charged against him , and merely in consequence of the witness who talked of his ( Cooper's ) inuendo spee « h at tbe public meetings which took place just prior to the outbreak . With regard to the evidence of Palmer when he was pressed in the Court , be ( Palmer ) said , tbat he would nut swear to bis ( Cooper ' s ) having said tbat it was " right" to commit acts of violence . It had been said that he ( Cooper ) had declared that he commended the men for " turning out the hands ; " be used the words , " turning out tbe bands , " as a technical term , whieh meant merely cessation from labour . He knew as a democrat , as a man , tbat be had no right forcibly to compel men to cease from work . There was no evidence to establish that he bad instigated others to acts of violence . Tbe Staffordshire paper had
accused him of little less than treason for examining Rowley in court for four hours . There was no doubt but that witness had committed perjury . This man swore that I was in Stafford on the 12 th of August , a short period before the outbreak . Why , a thousand witnesses were prepared to prove tbat the statement of that witneas was false , and the Learned Serjeant himself admitted that the witness bad taken a false oath . Andrew Rowley said that be ( Cooper ' talked about the Queen ' s bastards , meanine , as be subsequently declared , tbat 1 meant illegitimate children . When this rnBn was pressed he could not Bay what Queen I referred to . He entertained great admiration for her Majesty . He knew what every person acquainted with the papers knew—that the first act of
her present Majesty when she ascended the throne was to banish from the palace the illegitimate children of the preceding monarch . He most emphatically declared that he never uttered any language disrespectful of the reigning sovereign . It waa altogether false . Ho had always said , that if a tenth part ef the population of the kingdom would come out unarmed to support the People ' s Charter , it would become the law of the land , and he repeated that now . The Learned Sergeant had reflected upon his democracy for asserting that one-tenth part or the minority should attain the Charter , but the Learned Serjeant muat be aware tbat the mass of the people were always apathetic and that every great work had been achieved by the energetic few ; The wme thing had taken place at the time of
the Reformation ; it was the act of an energetic few . He meant nothing about arms ; the people were far too poor to purchase arms . A witness had stated tbat he iCooper ) had told the people to go away and attend to their business . Was that a mode of setting fire to people ' s houses ? All the outbreaks and the fires had bten occasioned by the anti-Corn Liw League . The poor people were now saying that there was no Gad , or he would not have allowed them to sufilr so much . Thk-error he bad always endeavoured to point out , and to assure the people that when they looked at this ext . i ordinary world of contrivances there evidently must be » geeat contriver . It was because true Christianity bad g « we out of the land that things had ceased tu be in comn vm . When Christianity returned , then the true
brotht ws * cd , or what people called Socialism , would again t . u * t- They stood there to say they were not the encouta , wrsaf the outrageB that bad taken place ; they knew nv ^ tfcixg of them . The real auihor of tho outrages was Edward Abington , he was proved to have in hi 3 posBesiXOB a silver pencil case , the property of Bailey Rjse ; , stolen when his house waa burnt down . He had ass ^ -tad that he intended to have the initials taken out , h 'de it in a bottle of oil and get his own initials engravt > d , when all suspicion was lulled . If it had not been fo . ^ b « ignorance of the rules of the Court-, be could have b roogbt other stolen property home to Abingtou . He was « eea en the night of the fires rubbing bis hands ^ ith glee' and raying what a glorious blaza it would be , when the' bonae caught fire . He was at
Fenton , when the outrages took place , giving drink to the men who were rusl'tfng to the scene of violence , he It was who threw out mt'ney to encourage the men , and asked If they knew wber . <» Bailey Rose lived ; was that inuendo ? Yet he was at l . * rge acd encouraged , whilst they were to be consigned to a felon ' s cell ; yet this was a witness whom the Learned Serjeant termed respectable , a man who fainted in court from the enormous weight of his own perjuries , and one whose conscience would not support in bis villainy . B& , the calumniator of the injured Ellis , who was convicted on bis evidence , though be had previously declared vbat be was not at tbe fire , or be , Abiufton , must have . wen him , though
be only swore be saw him for a few mi . tntes , and then only a side face , and though Ellis distinctly proved an alibi , yet , on tbe evidence of this convictod felon , this perjured tool of the Corn Law League , wm the noble Ellis sent across tbe seas . This Abington Wffe tbe confidential servant of Mr . Ridge way , tbe great Corn Law Repealer , was entrusted with the education of bis child in the business , was a delegate to that Conference in August last , where euch strange resolutions were passed , which assembled only a few yards from the present Court , and B £ sembl « d to defy the power of the Government , yet these men were at large , wearing their h ono u rs t hick upon them , whilst biro and his friepd
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the two poor shoemakers , were there before his Lordsbip . Tbe Learned Serjeant had sneered at his reputation of Peace , Law , and Order , was it strange tbat a man surrounded by dangers witb bouses in fl » mea around him , should insist upon the necessity of law and order ? bnt it was in vain that he cried order , whilst a demon like Abington rubbed bis bands with glee at the sight of the flames . It was In vain that he cried Peace , whilst a demon in human form was inciting and encouraging them to violence . They stood there to denounce Abiogton and the League , as the authors of the outbreak . What cared he for an imprisonment of five or ten years in tbe cause of truth 1 He should glory la it . Bat they complained of injustice ; but they could not forget that numbers of poor persons bad been sent over tbe sess for
having been parties in these outrages . He bad heard the clanking of their chains at ten o ' clock at night when they were being sent away . Among them was Ellis , who bad been convicted on the evidence of a man who was the immediate agent of the Anti-Corn Law League , through which the whole of tbe outrages had been occasioned . The League bad contended , that the abolition of it he corn laws would relieve tbe poor from their sufferings—he bad always urged the contrary . As soon as those laws were altered the manufacturers would reduce the poor man ' s wages , and be would soon be in a worse condition than he waa already . He had Been about one hundred and sixty prisoners during the time be was in gaol , and only ten of these persons were Chartists , and the only person who bad avowed himself
guilty of participating in tbe outrages had been dismissed from the Chartist society for bad conduct . He urged tbat the manufacturers bad combined to injure the poor man , aud wished him to join tbe Anti-Corn Law League , but the poor man said—it is true the corn law may be an evil , but give us the Charter , that is what we want The defendant then read passages from different pamphlets to shew the distress of the common order of workmen at Leicester ami at the Potteries , and then asked their lordships if they could wonder at the people becoming Chartiuts , or tbat the starving poor should take fire and become participators in outrages ? A poor man , bis wife , and four children by bard work at stocking making , if they had employment , could earn 14 s . a week , but when a deduction was made from this
for rent and other things , the net sum was only 6 s . 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 repott a statement of the existing amount of distress iu Nottingham , Glasgow , Leeds , and other large manufacturing towns . The misery to which he bad referred had driven men to the commission of acts of violence under the idea that their employers who cried out for cheap bread were leagued against them / If they turned Chartists they were treated ata public nuisance . If they turned Socialists it was as bad . If they urged tbat there was 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 their frieze coats , take the English Testament instead of tbe Greek , and visit the poor cottagers to see whether they wanted bread or olotbing , tben there would he no complaint of want of affection to tbe Church -, there would be no want of attachment to its ministers . Mr . Cooper tben detailed tbe content that , until the few last years , prevailed in Lincolnshire , and stated that he had imbibed tbe 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 tbcu no practical acquaintance with other similarly constituted minds . All were then contented and flourishing ; ; but even in Lincolnshire , discontent was now raging . Peel was now putting his hand into their pockets . He bad never heard a Chartist lecture until he b « ard Mason
lecture two years ago , when he went to Leicester in his capacity of reporter . He then found that the principles of the Charter were his own principles . Till tbat journey to Leicester , he never k ' . ew of the amount of distress which raged in the country . Mr . Cooper then described his astonishment on hearing tho low rate of wages paid in Leicester , and Btated that from that hour be bad determined to endeavour to relieve tbe sufferers . He bad left a situation worth £ 300 a year on account ef bis principles , and would sacrifice everything to the cause of truth . He hoped tbat their Lordships wonld permit him , as he felt much exhausted , to proceed with the remainder of his case to-morrow . The Lobd Chief Justice—We propose to hea . r you out this evening . Defendant Cooper—I perceive that your Lordships ' judgments have been prejudiced against me by the various publications to which I have referred .
The Lord Cuief Justice—I deny that we are Influenced by any such motives . You have needlessly occupied tbe time of tbe Court by reading documents and papers which have and can have no possible connexion with your case , and I cannot comply with your request . Defendant Cooper—I feel myself physically incompetent to proceed witb my case this evening . I trust tbat yeur Lordships will permit me to conclude tomorrow morning aa I have the moBt important part of my case to go into . The Lobd Chief Justice said that the Court bad determed to sit that evening until the defendant coneluded bis case .
The defendant Cooper then proceeded to read various extracts from tbe Anti-Corn Law Circular , embracing the sentiments of Dr . Bowi ing and others who were connected with tbe Anti-Corn Law League . He asked whether those who used this exciting and inflammatory langunge and circulated it throughout tbe country by this League were not to be prosecuted ? Why should not Dr . Bo-wring and the men who supported this paper be prosecuted ? The f&ct was , they were magistrates and members of tbe aristocracy , and therefore they escaped with impunity . Tbe Anti-Corn Law League had employ , ed lecturers who use language much stronger than any that he and his aged friend had ever used . He referred particularly to the sentiments promulgated by Mr . Finagin , a person in tbe pay of the Anti-Corn Law advocates . Was Mr . Cobden to be allowed with
impunity to say that three weeks would try the mettle of the country ? Mr . Cobden , tbe owner of cheap wares and tall | cbimneys , tbe mocker of the people , bad declared that in the course of three weeks the people would understand tbe merit * of tbe Corn Law question—th&t they would not require physical force , because the people were unanimous . That man had used language ten thousand times more calculated to excite the people to acts of Insurrection than any that he bad ever U 8 ed . He would ask Her Majesty ' s Solicitor-General whether it was his intention to institute a prosecution against Mr . Cobden ? Mr . Cobden was a Member of Parliament ; but was that to screen him from tne operation of the laws' Then there was Mr . Sturge , generally called Joseph Broadbrim , who eaW
he Wiis a Chartist , but whom in his heart , he believed , to be no Chartist , or he would consent to be called by their name . He did not wish to be uncharitable to a man professing the same principle ; but he could not believe such a man to be sincere . He bad not taken up time wantonly or perversely ; he had only battled the case as he thought be was compelled to do . It was justice to himself and to the democratic body to which he belonged . Had bis strength permitttd him he would have defended the principles of tbe Charter . TLe principles were not new ; they were the same which were . entertained by Fox , Bucks , and other persons of great talent many years since . Sven Mr . Pitt had said those principles were glorious and great . The defendant then argued
in defence of the principles of the Charter . In conclusion , be said , that whatever tbe judgment might be his faith in the principles of democracy was unshaken and wauld so remain , and whatever course might be taken by Government to put down the democratic feeling all the struggle would be in vain . Truth waa abroad in every cottage , and if the clergy would not teach the people , the people were taught by some means or other . Tbe schoolmaster was abroad , light w » 6 dawning in every corner of the kingdom . The people felt it was wrong that they should be compelled to drag on an existence , and work as they did , to pamper those who did not work , and who tyrannised over them . Let the Government become fatherly and the protectors of the country , and a change would
soon take place in tbe minds of tbe working classes . If the present evil system of Government continued , his Lordahip must not think that would be tbe last time a Chartist would be brought before him for judgment . I trust your Lordship wilt hear me when I assert on behalf of the great democratic body of this country , that 100 trials and sentences would only have tbe effects of increasing their energies and strengthening their convictions . If he was sentenced to a dungeon , the first breath of heaven which he drew on his release , should ba expended in proclaiming liberty and the Charter . If , when be was again released , be saw misery existing as strongly as before , they must not think he would be less anxious to effect a change . He believed be should do this from the natural feelings of a benevolent heart .
It was not that they were fond of uttering sedition—it was not that they were desirous of a struggle , or being men of desperate fortunes , that they were desirous of a revolution—having nothing to lose and everything to gain by a change : but it was because they had hearts that felt for their fellow creatures that they were desirous of tha Charter . He belie red he might safely say he had a 'heart which felt for his fellow beings . He had contracted upwards of £ 100 debt in Leicester , in serving their cause . He had given away last winter upwards of £ ( i 0 in bread and coffee to those who were famishing for food —( Great sensation in the Court . ) He did not think that imprisonment would make him less desirous to serve them . The Judge at Stafford had
spent fifteen minutes in commisser . iting tbe distress of the poor . Their patience under their misery was a theme of praise in the House of Commons , and seeing that be had moved against this mass of human miseryseeing tbat they had better opportunities of being acquainted witb it , and tbat their hearts were rent til ] they could endure it no longer . Were not these causes to plead in mitigation of any strong language which might have been used . He trusted their Lordships would reflect on these things , and not send him and hiB snowy-beaded friend to prison , especially at his advanced years . Ha thanked them for the patience and attention with which they bad heard him , and should confidently rest bis case in their hands .
Lord D en man then called upon tbe counsel for the Crown to address the Court in aggravation , although it was half-past six o ' clock ; he thought the Court ought not to give mote time to this case . Mr . Serjeant TalfoURD then addressed the Court . It was wtoljy unnecessary fOT him to advert to many of
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the topics urged by the defendant ; the picture he had drawn of the miseries that prevailed among the poerer classes were undoubtedly but too faithful , but so far from tbat forming anything like a palliation for the conduct of the defendants , that was a most grievous aggravation of their offence . One of the defendants bad alluded to language which he said bad been used by soaie persons of considerable station in the country . All he could say was , tbat if these articles were either written or spoken in tbe terms tbe defendant bad . read , he had do sympathy with those who had uttered them , and if tbe parties were brought before the Court full and equal justice would be dealt out to them . No doubt there had been great distress among the people iu those populous districts , which was greatly enhanced by the disputes between the masters and the men : tbe latter had refused to work unless
they had adequate wages . This involved no offence , but was a great calamity , because it was a great calamity that the ties between the higher and lower classes should be placed in a state of hostility . His case against Cooper was , that he watched his opportunity ; when he saw their distress bad come and was increasing he had then made speeches relative to the People ' s Charter , in order that he might turn the passions of tbe people for the purpose of exciting ; their minds relative to the Charter , which he could no-ops speedily to obtain . The Learned Serjeant then adverted to facts , and recapitulated evidence of which the public have already been often put in possession . Ou the 15 th of August a meeting was held at the Crown-bank , and the two defendants attended . Cooper referred at that meeting to the field of corn and the soldiers , and called upon a person to move the resolution that work should caasa till the Charter became the
law of tbe land . Immediately after that meeting had concluded , a number ef persons who had been present , and had heard the exciting language of Cooper , commenced immediately committing various acts of depredation . They attacked tbe police-office and released the prisoners . They broke open several - bouses , set fire to them , and destroyed the furniture . Where was Cooper at this period * At the commencement of these outrages Cooper was stationed in a house , receiving from Mr . Palmer accounts of the outrages which were being committed , at which he ( Cooper ) exclaimed , " That is the way to do it . " Cooper did not upon that ocoa 9 ion protest against these acts of violence . Shortly after that both Cooper and Richards beaded a procession singing a Chartist hymn . Cooper certainly urged
the mob not to get drunk , but what he actually said woe , " Do not get drunk because you will be detected . " He ( Cooper ) bad told the rioters that they bad done right in turning out tbe hands . He could not conceive hew any man who 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 tbe Charter was obtained , could ask for a mitigation of punishment . If such a proposition was advocated by tbe defendants , ad that was most conclusively established , tben he ( Mr . Serjeant Taifourd ) maintained tbat Cooper was guilty of an evert act of high treason . There was a direct connection between tbe speech of
Cooper at tbe meeting at the Crown-bank and the acts of outrage which immediately followed the breaking up of the assembly . Witb respect to- ^ Richards , although not at the meeting to which he referred , yet he was with Cooper when be received the accounts of the depredations of the mob . There was no doubt Richards bad used language having a direct tendency to excite the people to acts of violence , and ought to be held responsible . Cooper had not during his trial called a single witness to prove tbat there was tbe 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 tbat there were acts of violence
committed , and that these men were directly connected with them , there eould not be a question . There was not a doubt upon tbat point . Having taken a part in the trial of these men in Staffordshire , he could net do otherwise than state to the Court the reasons wby he thought the Court ought to pass judgment without any mitigation of punishment . The Solicitor-General said tbe defendants were convicted of misdemeanour only , but it was of a most serious character '¦ and called for a serious punishment In consequence of the state of the Potteries , it had been easy to excite them to detds of outrage and to do that which was contrary te the law . He believed it was not the misguided men who had already been puuished that were the m « st guilty parties , but those by whom they had been excited . The two
defendants , with two other persons who were now suffering punishment , had met several times before these outbreaks ; they bad frequently addressed the people in language which tended to excite them to acts of violence and outrage . Cooper had addressed them the very day before this outbreak took place . The mob was at the time in agreatjj ^ ate of excitement , but they did not find Cooper using one word having a tendency to calm them , or te bring bosk their minds to a sense at their situation . There was no remonstrance or attempt to atop that mob when about to commit those outrages . It was for the Court to say what punishment should be awarded to him . As regarded Richards , he would wish the Court to give every leniency on account of his age ; but he appeared to have taken a very active part in the different proceedings .
Mt . Richards and Mr . Godson did not address the Court . Mr . Justice Patteson then delivered the judgment of the Court in tbe following words : —Thomas Cooper and John Richards , you have been convicted upon an indictment which charged you with unlawfully , wickedly , and seditiously conspiring , combining , and confederating with divers other persons unknown to raise and make routs , riots , and seditious and tumultuous assemblies and meetings of large numbers and bodies of persons , in breach of the public peace , and to incite , provoke , and procure large numbers of persons at those meetings to meet to resist and obstruct by force of arms the executiou of the laws , and that for the more , effectually carrying out the said purposes to come there
armed with guns , pistols , and other weapons . That is the charge laid in tbe indictment , and it gees on to say , that in furtherance of the conspiracy , you and the . other persons did with force and arms , at Burslem , unlaw : fully and seditiously address and speak , and in the hearing of , divers subjects of the Queen , divers false , libellous , scandalous , and inflammatory speeches , with intent then and there to excite and persuade them to discontent , hatred , and disaffection of the laws and Government of the realm , and to resistance and violation of the laws and constitution of the Government . The charge therefore is , that of having conspired together for the purposes here stated ; and then the indictment Roes on to sta' . e that when the assemblies did take place
the seditious speeches were made in furtherance of that conspiracy , but the Indictment is not for the speeches but for the conspiracy . I mention this because it is of great importance tbat it should be known what the charge agoins . you was , because you , particularly John Richards , in addressing the Court have laid before us your opinions with respect to certain political matters which you call the " People ' s Cbartei , " as if you supposed yoa bad been persecuted either for entertaining those opinions or expressing them . The case is not so . The indictment dues not charge the holding of any such opinions , or expressing any such , or endeavouring to persuade others by argument and discussion to entertain those opinions also . No such indictment has been preferred , and therefore all you have said with respect
to your right to entertain them , with respect to' its being right and wrong , is nothing to tbe purpose in the present charge . Ererj man has a right to entertain such opinions as he may think fit with respect to the institutions of the couutry , and with respect to the possibility of their being made better by alteration , provided he entertiin them , and if he disseminate them , daes so in a proper manner , and relying upon the change being made by that constitution of the country , entrusted with tho po-wer of making tkat change . All tbe people in the country have no right to make that change . The charge therefore is not of entertaining auy opinions with respect to the People ' s Charter , nor of giving publicity to those opinions . Again , in the address made by you , Cooper , to the Court at
very great length , you have entered fully and at large into the statement respecting speeches aud publications supposed to have been made by other persons , and which are supposed to contain very strong , very seditious , and very inflammatory language . You have at length entered into them , and the Court was unwilling to prevent your doing go because you seemed to consider it was material you should enter upon that line as your defence , not as a defence to this indictment , because you are not now making your defence , but were here addressing tbe Courtafter conviction in mitigation of punishment , and not on any motion to set aside the verdict found by tho jury , nor on the supposition that the verdict was contrary to the evidence , ¦ but to urge such things upon the Court as might induce them to see if
they could , as they are always glad if they can , mitigate the punishmont . You made many statements with respect to tbe publications of other persona , and particular observations to show that a great many speeches and publications had taken place by persons you . call the Anti-Corn-Law League . It is not quite clear with what object precisely those observations were laid before tbe Court If intended to inculpate the Cora Law League , to bring any charge against them , to hold them up to censure , they are not before us , and we cannot take it as a fact that these things were published by them at all . If we had seen your affidavit , stating tbat these things had been so published by them , still it would be the height of injustice tbat this Court should allow persons wbo were absent to be inculpated and censured by anything that might pass in this court without their having an opportunity
of meeting tbe charge ot 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 obserrations were made with a view of inducing this Court to believe that yoa bad been partially dealt with , as it seemed to me they were , because you said tbe Government had acted partially in preferring an indictment against a poor man , and passing over what had seen published by other persons in higher stations in life ; if that was your object , then , we will suppose for the moment that such publications have actually taken place , and we might do so without casting any imputation on any person supposed to have been the author of them ; but this Court has nothing to do with that ; it does not deal with the ticb in one way and with the poor la another . An y accusation brought against a man .
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be he rich or poor , tbe Court will deal with him as th law of the land requires he should be dealt with , with , out reference to the question of wealth or poverty . This Court does not institute proceedings against any man they are brought by others ; and therefore this Courtis not to be charged with administering the law one w&v for tbe rich and another way for the poor , because th * rich man has not been brought Before tbe Court at siL If these things did actually take place , it was the dutv of other persons to bring before us tbe parties so actic / and then it would be our duty to deal with them ; bat it can be no excuse for any man found guilty of $ offence to charge other persons with having committed a similar offence wbo ate not prosecuted and brought before the Court ; that can be * no excuse for any man
. The passages you have read and the language which you say has been used on various occasions appear to have been of a very strong inflammatory and wicked description , and I do not at all hesitate to say , thai if persons have been guilty of using that language deliber . ately and intentionally , and it is brought clearly homs to them , no doubt they wauld have committed a serf . ous offence for which they would be severely punished * and it may be that they ought to be brought before the Court ; but tbe Court cannot tell that such things have taken place . But , indeed , if any evidence had been produced on the trial , to show that these publications bad already taken place , that they had been disseminated among the people whom yoa ad . dressed in the month of August , and that these people
had been excited to acts of violence by those publicstions , or If it could have been proved that agents had been in tbat neighbourhood stirring up tbe people to acts of violence , if you could have shown that they committed acts of violence at the instigation of other / and you had nothing to do with the others , it would have been a ground for an acquittal , or it might afterwards have been a subject for the consideration of this Court as to the punishment they were to pass upon you ; but there is « o such evidence to be found of any . thing of this sort—nothing but mere surmise on your part witb which the Court cannot deal Then , snp ^ posing there was some evidence of the people having been excited before , if that were known to you at the time it made it incumbent en you to take care that
you did n « t , in adverting to the People ' s Charter , add to tbat excitement and discontent . Take it in any way , there is not any evidence . which enables this Cou rt to fix u po n any person as ha v ing be e n th e instigator of what took place , or that can eves form any defence , any reason wby we should not pronounce our sentence upon the supposition of any other person being concerned . In the course of your address you have repeatedly urged tbat the jury were induced to find a verdict against you , » s if it was a wrong verdict , because it appeared you had been In tbe coors * 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 tbat you bad instigated tbe mob te set fire to Dr . Batert
house ; but no such argument took place at alL It is clear that the jury fonnd their verdict upon the general evidence , upon the whole case taken together , upon the conviction that there whs a combination between you two and others . And with respect to any speeches made or language used towards tbe clergy , it was a mere circumstance , not that you had been the cause that had induced the people to commit the destruction , bat ¦ we sea here tbe state of things which at tbat time existed , and , what has been stated already by the learned counsel , bow , before you went into tbe Potteries in the month of August , there had 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 m
April . It appears that a great many -were out of employ , and it was put to the jary with respect to that circumstanee in the most favourable view for you that eould possibly be , because the Learned Judge told the Jury a workman had a right to demand what wages he thought his labour entitled to , and that he was not obliged to work for any lower wages—that he hu a right to stipulate for what wages he will have ; and no doubt tbat workmen , if they agree as to wages , if it it done peaceably and without Intimidation , may do so , and not commit a breach of the Jaw ; but then whes . they came to another matter in which it was clear you bad reoom mended to all persons to abstain from work at all , no * to insist upon having particular wages , bnt 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 is clearly illegal for persons to compel other workmen throughout the whole country to abstain from work until the Charter becomes the law of tbe land . That is < in act which bas been characterised as an overt act of treason ; at all events , it is most unlawful When we consider the . number of persons that were at that time ready to commit any mischief , and did commit all sorts of outrage , although you say they were not Cbartfsti , tbe mischief done by addressing a large number of persons indiscriminately must have been apparent It might have been different if you bad been addressing your own club . Several meetings were held where yoH addressed the people , and even after you had heard of the outrages you addressed them , but you did not say I will not have anything more to Co with
V 9 « , you are not the men I took you for . It i » clear the jury were well warranted in their verdict You told the people not to steal , but you told them not to work , and they must have a subsistence , and the inference , therefore , was clear . - As to th « defendant Richards , it appears that ha used words with respect to her M . 'jesty—that he said "Tohell with her , " and other language equally improper , and it is clear that you were combining together for tbe purpose charged against you . Taking all the circumstances into consideration , and that you , Richards , are much advanced in years and have been already confined some time , the Court thinks it right to make some distinction in your punishment The sentence of the Court is—that yqu , Thomas Ceoper , be imprisoned , b Stafford Gaol for two years ; and you , Joan Richard ' s be imprisoned in the same place for one year ; and ia the meantime be committed to the custody of the Marshal of the Marshalsea .
Cooper then begged that be might be allowed to remain in the Queen ' s prison . Tbe Court wonld decide in the coarse of the term . Cooper then asked if he might have literary privileges allowed him . but The Court said it could not interfere with the regnlatior . 8 of the prison .
MONDAY , Mat S . THE QUEEN V . GEORGE WHITE . The Attorney-General ( with whom were the Solicitor-General , Mr . Sergeant Adams , and Mr . M . D Hill ) moved for the judgment of the court on this defendant , who had been convicted at the last assizes at Warwick , for using seditious language at certain public meetings at Birmingham , and in placards aud letters issued by him . The defendant appeared on the floor of the court , to speak in mitigation of punishment Mr . Justice Wightman read Mr . Baron Alderson ' i notes of the trial .
The Defendant then addressed the court He complained that he was ill-used , for he was prosecute * merely for matter of opinion . He was a Chartist , and that was the reason he was prosecuted . Every manwho had opinions would , if he was an honest man , express those opinions . He would do so . Ifothing " should prevent him from doing what he considered to be the right of an Englishman . If magistrate * ehoser to turn fools , that was " no reason wby he should giveup his righto aa a man . The meetings which he wasprosecuted for attending bad nothing to do with theturn-out They were held to discuss Chartist prioripies . There waa no seditious language used at those Dieetings . The witness who spoke to such words ha *" ing been used , had admitted that she was a prostitute
and a thief . She waa not fit to be believed ; and all the witnesses bad admitted that he had told the people to be peaceable . Why was he brought to the conrt ? If it was the intention of the Judges to bring the law into contempt 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 was no cause for apprehension . The police could not find any tradesmen who would give evidence against him . If because persons differed in politics , their words were t » be watched and turned about , and tben held to be seditious , their Lordships wonld have nothing else to do but sit there and try persons for that offence- Tbe evidence was of the moat trumpery description , and the witnesses were so ignorant the / could not repeat
one sentence after another . If they were not to attend public meetings , what would become of the poor working classes ? It was better and more manly to stand up and avow your principles than to stalk in * corner and become conspirator . So long as he felt that a system was going on which injured him , he would express his sentiments , and do what he could for his suffering countrymen . Talk of law , how c-iuld a working man come to this court for justice if be could not produce a sum of money ? There was no law for him , and therefore be called upon the court to protect him , and he trusted their Lordships would not allow him to ba buuted about in this manner ; that they would show to the country that there was stul justice for the working man . It would have done more good if the whole of these prosecutions had been 8 ' ^ up . It was clear that these prosecutions were carried on in a vindictive spirit . If a rich man had started up
and recommended the people to attend a public dj 66 ^ ing , would that man have been indicted for sedition s Certainly not It was not a crime to do tbat which the jury bad declared not to be unlawful Part of the sedi tion charged against him was only proved by a stupid , ignorant fellow , who had said he ( White ) had told tbe men to be prepared to stand against the police , and to bring their jackets witb them , and bring them in thetf j 4 cket-pockets . What Bense was therein this ? Either they were to bring ihe police in their jacket-pockeU or their jackets themselves in their Ja <* e * "P <)**? 'l Mr . Baron Alderaoa had said the language was perfect nonsense "; but if he was to be sent to prison upon sucn stuff as this , bo be it . Instead of his being placed iiia *> the Birmingham magistrates should have been brought up for abusing their office , for making use ot their little paltry power to lay bold of a man who was no farosnte of theirs , he having been opposed to their corporation . Many of those persons before the passing of the Manl-Continued in our seventh page . )
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Citation
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Northern Star (1837-1852), May 13, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/ns/issues/vm2-ncseproduct933/page/6/
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