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Northern Star (1837-1852), 11th January 1840, Edition 1 of 1, Page 2

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  • Departments (3)
    • FROM OUR THIRD EDITION OF LAST WEEK.
    • ; WAR WITH CHINA.
    • SECOND EDITION.
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      Untitled Article

      hand * arm * had been put , although they knew sot for what purpose they were to use ihem . This inquiry would teach them the risk they ran in permittms . themselves to be made bhndly the tools of their leaders , and would teach their leaders the lesson , that dessite their demonBtra-tioo * , ths law still remained in its vigour , and able to protect the peace of the community . He afreed with Sir F . Pollock - * 4 ie had no objection that they * hoaid keep before them the consequences of a verdict of guilty upon the prisoner ; bnt whilst they did not forget those who were near and dear to ^ yn-, they ought not to forget—they ought also to regard those who were dear to them . He asked them to consider the

      cir-( Cmthted from our Fifik Page . ) - a tumult , which had bees attended with great dan * S . On his own and hu learned Mead's part , he irM to put the ease before them in a proper manner , and when they had done their doty they would feel as m ach sympathy for the prisoner as any other individuals , and they would rejoice , if conabteut with thrir doty , the jury could acquit him . He imrted that they would not allow the prisoner tossffer because of the course which had been adopted by the counsel for the defence , and the weakness which such a course generally showed . They had ae * n thedelasion which had been practised in these transactions upon men so ignorant that the object < rf n had to be translated into Welsh , and into whose f f } an £ tmm nrnSM OUT J ^ Ah &Q * Ul- \ ¦*

      csmstances of the ease calmly , and to do their doty , unshaken by any feelings which were calculated to awerve them from it He did not know that there were any material points in the law of the cage whereon his learned friends and himself differed . The law as laid down by the Attorney-General had sot been exeepted to , and i t had only been slightly ^ u&Lfisd by Mr . Kelly . The jury , however , would take their directions as to tkis from the judges on the bench ; but it was necessary that he should state - Mf view of- the case under the correction of their lordehi p * , and of the law of i t , and how it applied itself to tike facts . The charge against the prisoner was , that he , prior to the 4 th of November , believed

      that a large body of men in different parts of th *"• country w * rejw * pared to rise in rebellion throoghot the country , and that one of the purposes for whie they were so to rise was , far the purpose < fiaag on Ae town of Newport , to prevent r < abtaste , if thet could ,, by terror , and to ore ; come by force , if it were necessary . 11 was at Net post that the rebellion was to be begun . Wha $ wi "Seaa , in legal language , amounted to a levyix * r ** ar within the real * against the Queen . Tl fti&Btai-Gflftflttl then ' proceeded to say , tht : Man 4 $ bK « tf stftoflaake did thai which In ¦¦ FPfwed in . tie g fca ^ of tig Wegtote . ^ r the numb -ex Urea that baxTMea losi there ; bat then lie xons ^ eredthat Whathadhappene < fhadsavedhundreds <

      fey . J ^ O *;* ^ - ^^ y- »^ . ^ f ato *^* t » ^ W ( sjBUH ^ L " ' ^ tBBjE- ^ B ^ Ps ^ B y * JMBMBW *^ B ^ EBrw ^ Bffr ^ a ^ P * l tJSBrt ^ Hf > ftrt *'« 11 rT f / % ^ ^ B ^ sVott ^ Bl ^ B ^ ^ BwVSrVB ^ B \ * e ^^ ae ^ Jfe 4 A ^ OasV ^ HB ^ SaHk ^ sV 9 h ^ S ^ H £ ! G ^ Sh ^ S ^ a ^^ M& * ai ^^^ i ^» ^¦^ . _^_^ ^ ^^^^^ vo ^^ g te ^ Mi ^ i ^ iHBd Sp ^ wt e ^ t © hi wift «?* fia 2 ^ er ? ^ S&fitw 45 «» e »^» dcea the ^^ S ^ rd toft / Mr . * w « «*•« fur tjw wrrnSJ dwgh ^ Bof flBt en ? Betade » a » oe ^ hitewa * etofeyfi £ gtt , aad laftttK town afesaAffcettto a lawless da , waeaubweA tteeasetaimtroasT lib ftost left rrea hi * own fiesh and bktod-to sufier from fiat mob . What became * f the town , what of Ms wife , and wtnt of bis fipnfy he knew vos . de SofidtoHleBsxal then preeeafedto ^ ta ^ invery ? wwiJrtia }* Bgu »^ th » tlftfc « rae which was convened for rt—wnrtlin ok Hswport , had not been fora treasonable propose , the prisoner would

      bare found no difficulty in calling witnesses to h » Te jaroved it ; and that , notwithstanding the protest ef his ooasel ) tWOBr raised against him was such as to Tender it necessary to-prove his innocence , if be could do so ; and after referring to the doubts thrown oa the evidence of the witness who spoke to the declaration « f Davis in the presence of Frost , and to the doubt whether the insurgents demanded the special constables to sorreafier themselves prise&en , or whether they merdy asked for their own prinnnrn hn said , as there was a doubt , he should , on the part of the Crowa , asaaaon both points ; and he then asked permission of the CotM , at he was entering on a new part of the ease , 40 conc ede Us reply to-morrow . The Gstfrt aeowdjagly roe at twenty-fi-re minutes past ixo'doox .

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      Monmouth , Wednesday , Six , r . x . The Solicitor-General resumed bis address , and proceeded hi the most mali gnant and bloodthirsty train far hours , to adopt every possible mode ef app * anag to the prejudices , exciting th » fears , « ad operating on the selfishness of the jury . His whole address was one tissue of pumomte declasadoa ; seldos referring to the evidence , and then ' « l | r in tit most artful j ^ i insiduous manner , ~ ;^ PH $ ^ o » e partial ^ aiting ^ iieh sight tell upon -- f | p liifsfu sil passiou rftke jury . ¦

      ; THE JUDGE'S CHUUJE . Th « jnry ntstd Ik a few « g ?^ ti— - On their re-- ^ iant , Uwj w » t » stressed as follows by Tb « Xdrt iMtef ^ tsti ^ TINBAI .: —GentiexneH . ^^ JQry , —jThi * important casehsving , bBenclps « «• the part of tfe * prjMejMitfzf smT " on the part of the pris « Mr jijtt eotmsd for the prosecution having tated tha ease for the Crown and called tfee evidence which yon have heard , ani having « itsnrards comnested uppftbat evidence ; and the eouusel for the ftisomer iumsg also stated the case he the defence , mnd having called sseh witnesses as he thought Sp er , our dnty now eommeaoes . It is mine to tn-. rair to explain the law , by which the case must

      be desernnaed , with reference te the faets which hxn been placed before voa—to recapitulate the eriaenoe , to that your minds may be refreshed after * o loag a period of investigation—and to offer such omsaents upon it as , whilst they are not to govern , may awist you in arriving at the decision to which you will eoae . It is your province to dismisi from jout minds ail excitement , and all previous impres * saons , which may have been made upon them on this subject Ton are to consider the evidence calmly , Aspassionatel y , and conscientiously , ia order that you may arrive at such a conclusion as troth , and the jtuao * of the case , demand . Gentlemen , the « hargt against the prisoner it , that having broken

      faith , and his allegiance to his Sovereign , he levied war agsinstiier in these realms . The indictment ir-• elf contains several specific ceumte , Btatieg in a afferent manner , * he grounds of the aceasauon gainst Mm . But I think that I should rather embarrass than enli g hten you if I were to take up the accurate diitiaetionj which in these are set forth . l ? or , first « r last , it must come to this questionwhether t he circumstances given in evidence are proved—that the offemce of levying war against the Sovereign has been committed . Tbe first part of the indictment has been framed upon the ancient statute of Edward III ., which eoutaias the clause « f levying war against she Xing . The other counts are framed upon more modem statutes , which

      expound tat former , and which have made certain ?** rt acts specific grounds of treason , and taxing them substantially , the charge is "levying war " gaiatt the Sovereign in these realms , I shall gtate the law of the subject to which yoor minds may be *» plitd when -the facts pass in review before you . Th * ancient statute of Edward I . declares what saga treason is . It is— "If a man do levy war against 4 > ur Lord the Ki&g ^ in hit nalta , or be adksrent to the King ' s enemies in his realm , giving *• tb *« » id aad comfort in the realm or elsewhere , ' * that is one groaad why a party omiaitting sueh an < sfsnos is guilty of treason . And the statute goes a te mention— "And it is to bs understood that im tbe ^ ases abo ve rehearsed , that ought to be ojaoged wesson which extends to onr Lord the

      . .. . liny tfAtut Buyll-MiJCTl . j , " meaning " "thereby tfc «> levyigp . of war for the purpose , not ' only of Mtwrtritg the royal parson , but against the royal aa&wit ? and tht established law nf the land . This is th 4 «« Kt » « 1 kw ; but if you look to the words * is » yiftf war against our Lord the Xing , " i t will w « see * that it is sonfined to ancient inttanoet of ,. wt » ltvted against the Sovereign by rivals for the < kro » e ^~ ft > r instasee , such long wars as thsse which ware thi result of t ^ quarrels between the houveg * t Yorit and Lancaster , which were treated by the Mouissful party as acts of treason ag -inst the lawfal Sovereigm . This is the levying of war against titt Sang in its widest kom , and there are instances men neaat , not within «* r own recollectioH , but which an within our reach by means of tradition sad report—tht wars of the Pretender ' s family ,

      wks « asae iate thew realms , and levied war against *» saeeessitefioverefQs •? the Brunswick family . T ^ tsa fill up "tfc * description given is the statute of Eaward , of lavying war against the I&ag ia sis vstim . And if the statutes were confined to levy . feg war , in that sease unless armies had bees raised «* a gaserals plaeed at their htad , asd unless they ottered , int o * conflict to deprive the Sorereign oi ktr tkrone—this case would not come within tie statute . Thus the statutes haTe been expanded hy the judges in alkages until they were extended . »» rh » t othar wrigencks than levying war agaiDst ?? i ^ il ^ J ^ if € > erB on -exigearies whioh might be # rjg » tifewi 9 i the greatMt evils if wey were not ^ JaB UlJE ^ lbt be provided for , altnou-i sot :, | ffl W « # ^ , « tail war . There cannot be a ^ ^ gi a ^^ g ^ ilBlveB of this toss that Uid down ^^ &W ^ K S ^ gf ^ tm leasnid aad emineat T » e : son « , gpt ~ # | : V

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      who has written upon the subject , and whose authority is considered amongst tbe highest ansYtSe ^ est , Sir Michael Foster . He states thar " ew ry iasurrection which in judgment of law is intended agunst the person of the King , be it to dethrone or imprison him , or to oblige him to alter his measures » f government , or to remove evil counsellors from about him—these risings all amount to levying war within the statute , whether attended with the pomp and circumctances of open war or not . And every conspiracy to levy war for these purposes , thoHgh not treason within the clause of levying war , is yet an overt act within the other clause of " compassing the King ' s death ; " for it cannot exist without W }\ t \ Viao wrnttan ni \ A » tK » snKlaiit mrtA - — '

      danger to the King ' s person . Sir Michael Foster rtue distinguishes between persons armed for local and private purposes , and those armed for general and open purposes affecting the state . He lays down that " insurrections , in order to throw down all inclosures , to alter the established law , or change religion , to eahaace the price of all labour , or to open all prisons—all risings in order to effect these innovations of a public and general armed force are by construction of law within the clause of levying war ; for though they are not levelled at the person of the King , they are against big royal Majesty , and besides they hare a direct tendenoy to . dissolve all the bonds of society , and to destroy all

      property and government , too , by numbers and an armed force . Insurrection , likewise , for redressing national grievances , or for the expulsion of for eigners in genera ] , or , indeed , of one ef any Beagle nation living here under the protection of the King , or for the ieformatiou « f real or imaginary evils of a public nature , in which the insurgents hare ao special interest—risings to effect these ends by force and numbers , are , by construction of law , within the clause of levying war , for they are levelled at the King ' s crown and royal digaity . " I shall trouble you no further with aay statements , except to refer you to one passage written by Sir Matvhtw Hale , another highly venerated authority , to point oat the

      same distinction , and I beg especially your attention to it , because when taken with reference to some of tht circumstances , it may bear in favour of the prisoner at the bar . Sir Matthew Hale says , that " if men levy war to break prisons , to delirer any one or more partioalar persons out of prisons , wherever they are lawfully imprisoned , unless sach are imprisoned for treason;—this upon advioe of the judges upon a special vsrdiot found at tier ' Q # Bailey was ruled . Hot te be high trtwoa , but enly a great riot { 1668 ^ hut , if it trereto breakprison * , or deliver persons generally out of . prison , this is glutted it a few words . There m » be an

      fntor-IS rechon—there mas * be araei && HUiisMftTiltJi it-and thei * amst be »• obj « rtof gra . rtfi . t paWk fcs ^ fte ,- *** , iTsil tBWooec ^ inote tnrteioe , It is soffitteaVto eon » titate the tetyiag of war under the statute , aad fee qoesnea fer > on will be , whether , vj « an the fact * are more , fresn within yoar knowledge , whether the acts reported to hare been doae by the prisoner , amount ta the levying of war in the sease I ha « e expkiaed ; er whether they amount to so Bete than % grievous nusdemeuecr For si&ooga they have been attended with great danger to the country and to tb » publie peace , still ¦ Aey may sot amount to 4 e offence of high treason , bat onhr to a grievous mradeawanonr . £ bjiTe

      observtlB ed , that taelearnedAUerney-General ^ n his statemen t of the case , raid that he should be able to produce evidence to show that the prisoner had brought down to Newport a large nimber ef persons armed and arrayed unlawfully ; that it was their object to get possessi on of the ton , break down the bridge , and to stop the mails ; and that this wan to be a signal to Birmingham , Lancashire , and the rest of Eng . l and , and that the Charter was thus to be made tbe law- of tbe land . His learned friead afterward summed up the ease , and stated the outline of that

      upon wmoh they would proceed ; and twy properly omitted one portien of it , that whieh referred to tbe general plan . The plan of die prisoner he stated to be , to get armed bands assembled to take Newport , to exercise power and control there , superseding the magistrates , and thereby exciting a general rebellion throughout the kingdom . There is no doubt that the proposition , be it the one or be it the -other , if it , be made oat satisfactorily , amounts to the critae of treason . Therefore , you are to s * e from th * evidence whether the acts and the inten .

      does ia the mind of tbe prisoner carried him to that extent On tbe part of tbe prisoner , his learned counsel has said , with great propriety , that he is not hound to sUte the object with widen any acts were dose by the prisoner . He says that tie offence charged against him must be proved by those who have made the charge , and that he stands there to receive the evidence against him , and not to give evidence at to what his objects were . It is true the ease mast depend , sot upon proof brought by the prisoner contradicting the evidence for tbe Crown ; but it is not unreasonable , for it has occasionally happeDcjii&th in civil aad criminal cases , if appearanees fovslve the prisoner hi suspicion—it is not

      unusual te state drevmxtaaces wdsfa guv tend to recencile those appearance * with d * prisoner ' s inaooeaee . Therefore , the learned counsel' goes on to state , that the prisoner was innocent w far m » the charge of treason , and all that he intended wasneither to attack the town , nor 4 o attack the military —for this-be sf sites was an accident ; butto make a demonstration to the magistrates az > d to the county of tbe strength of the Chartists , for the purpose , and with &e intention of inducing those magistrates , either to liberate Mr . Vincent and three others ( who had been convicted of a political offenee , and who were in Monmoathgaol ) , or to mitigate the mode of treatment pursaed towards them . If , thenthe

      , oatline of the case stated by tbe officers of the Crown » e true , there ii no doubt that the prisoner is guilty of high treason . On the other hand , if yau think that the offenee upon the proof amounts to no more this the description given of it as the counsel for the prisoner has seated it to be , then , although it may amount to a grievous misdemeanour , involving the safety and the lives of many persom in Newport , yet it is deficient in the main ingredieat of treason— " the levying of war against the Qaeen in her realm , " and i s only aa aggravated misdemeanour , and under this indictment the prisoner will be entitled to an acquittal . You will weigh the evidence , and will say uaon which

      side the * cale of justice ought to preponderate . 1 had inteaded , at one time , to select the evidence , and to place it in positions relating to the different parts of the case , for there are portions of it with regard to which there ia no dispute ; but , on reflection , I thought it would be a more safe conrse , in a c&se of such deep importance to the prisoner , and to the commaniry generally , rather to follow the evidence in the course in which it was given in court , and to offer my comments on it from time to time , as I might think them useful to you . I shnll now , therefore , tike up the evidence , and , having recapitulated it , I shall bring your minds again te tne exact question which you will have to determine

      on tins momentous occasion . The first witness called for the prosecution was Samuel Simmons . The learned Judge proceeded to read his notes of the evidence of the witness , w ho stated that during the progress of the men down to Newport , on the 4 th November , he heard Frost say to them , " Let ua go and shew ourselves to the town . " This , the l earned Judge observed , was the first observation stated by the witness to have been made by tie prisoner . The Jury , he said , would find from the other erideaee , with re f erence to what was then passing , what those expressions referred to . They meant nothing , if they were merely to go to the town and shew themselves : in fact they merely

      amounted to this—that a demonstration should be made to the town , and bo more . TheJary must , however , t&ke the construction ef the word * , a « well from the words themselves u from the circumstances surrounding them , and thus see what their real nieaainjL ia ; andanlaM ih * y ooaki -couclmlf , " frottt the evidence , that the meaning was of deeper import ihan it HterallT meant , they most give to the words their natural m ^ iTi' ^ g ) which did not amount to a criminal design upon the town . The learned Judge , in referring to the evidence of Richard Waters , a special constable , observed th * t the evidence of the witness , that he had seen Mr . Frost instantaneously before the firing :

      commencedshewed that the prisoner had act left the mob at the time when the firing took place , or at least that he was there about mat time , or very nearly at the time when the firing commenced . This witness stated that one hundred volleys were fired . Perhaps he was speaking from the excitement of the moment , or meant single shots by the word " vclleyi . " This was rather a larger mob than was stated , by the other witnesses , not , however , so material as to aff <» et the witness ' s testimony . In a subsequent part of his examination , the wi tness said that he had heard there was a riom in the Westgate appropriated to the custody of prisoners . That was not material , so far as it bore upon the' allegations mads

      on the part of the prisoner—that the attacksupon the Westgate was unconnected with the soldie r *; that the party never saw them until after the "firing , nor knew that they were there ; and that ihe object was merely to rescue the prisoners , whom they knew to have been committed during the night If &ere were no other evidence against the prisoner , except the conflict between the soldiers and the mob led by the prisoner , certainly it woeld be important for yon te see how far they aad & knowledge that the soldiers were there , and their object would be perfectly distinct from setting loose the whol * of the prisoners and taking posswaon of the town if it appeared tha * . ths object sought was to rescue * obw prisoners from coniLnrment . Bst , gentlemen , you most coaader not only what took place at the

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      ffastK » U « bttt also thoanniBg * mmber $ f ~ persons issi bringsig tbem dpwn to the town , which is proved to-ftave bees done for some pnrpoKB or other . vnkatt&tjtarproemaTaaYe ^>§« m itcUJor you to judge . Tms witness also said tiiat he heard firing almce instantaneously after he saw Mr . Frost ; and this was material , as it tended to show that the prisoner had not left tbe mob whem that took plaos , or at least that ne was with them at or about or very nearly at die time when the firing took place . Then came the evidence of Thomas Latch , which called for no particular comment , and it was followed by the testimony of Thomas Rse » and James Coles , die two boys who spoke to what took place at tt > e machine a short distance from Newport . Upon this fXT ^^ tmm ** . V ^ . sV * tu ik *«« nHi « * - * ----- *» « Mnn ¦

      part of the evidence it was right he should call the attention of the jury to the "particular expressions us » d by there witnesses . Rees stated that Coles had said about a doasn eoldiershad ~ gone down to the Westgate , and the only variance between them was that Coles said he had been told w . This discrepancy was sot very material . Rees said that Jack the Fifer was near Frost with a pistol in oae hand and a pike in the other . It was so far material aa regarded the question whether the party were aware- that the soldiers were at the Westgato ; whether the boy gave a true account of what occurred when the inquiry wa * made . Then the witness went on to say that Jack the Fiferdesired Coles to go and say'By and by well have the Westgate to ourselves . ' It was

      for the jury te consider whether this reference was to the state and condition of the Westgate as beiag partly in possession of the soldiers , er whether they had heard in the interval that some Chartist prisoners had been taken in the course of the night which might have * i > een communicated tethers , aad whether Ihe expressian , Go on add eay by and by we shall hare the Westgate to ourselves , " might have been used not with any treasonable design , bat for the pnrposa of rescuing one or two prisoners . The jury must read the evidence aad see whether it was consistent with the inference that the mob and the prisoner at the h » knew that the siliiers were at the Westgate , and took s \ determination to attack them , or with the more innocent , itiataffh

      gnitty , yet not treasonable intention of resetting certsaa prisoners who had been placed in ; cottody during the night It had bean Mfsed by the < wansel for tile prisoner that the statement of thiaj . witnes * that one par * of the mob . went up one reid to Comraercial-sure « t , and another part went bVadifferent direction , was inconsistent with th * statem « at « f other witsesses , bat tois did hot ajwefcr to bin very important , top a mistake might bjattbeen made without any intention of bringing fceietttbe jury anything wbish toe witnssw know t © Jjejfitfse Htnap jnigajtJwwe dropped off aad taken * £ < & [ && % road ; sad' again , some of tbi p ^ p le « &a » ytoW who were looking oa might hare retifieA ^ 5 Lv th » ^ tiB body t ^ ue <» aTd * scrib «( L f Itwas ^ thJ ie ^ t » de ^ wne tatTth « ' eti « r ^

      Mm » a « . upoiiflna ^ int brokAin v ] p « f Ufeb eeaY W ft *** , on what was partly a collateral poult , as ft appeased that both roads west to the Weetgate . Thomas Bevan Oliver , in bis evideaee , said that the mob when they came to th © Weatgate , said , " surrender yourselves prisoners . " That , was met . by other evidence produced on * { he part of . tho-p&oner at the bar , tad it had been / very properly ooocedad that the words qpght havja been as desodbed by thatoAer witness , " surrender up your prisoner * . '' Bat it wy so far important , as it would ; tend > to shew that the first challenge made at the Westgate before the conflict with the soldiers pras a demand that the persons who had been made prisoners , and kept prisoners during tbe night , shbild be deUiered

      * uptotaetn . 1 » was for the jury to doosider whether tbeerideBce , » o ftur ashe had yet [ presented it to them , showed & determination to get possession of a few prisesers , rather than a determined attack upon her Majesty ' s troops . This witness said that he pet his arm skamst the door in a struggle . to avoid gun levelled at him . and tiat the gma ^ ent off dose to bis head . It did not appear that Aero had been any firing heard earlier than as described by Waters ; and according to the erideaee of this witness the going off ef this gun teemed t *> have been the signal lor the firing of snspy guns wjkich were amongst the mob . The statement or tbe witness that he had uot sees any leader amongstib mob was contrasted with his deposiion , in wmds he

      spokeef a leader bat there seemed nothing in thatinconsistent with hisaubseqaestexplax ^ tion , that When h * spoke of a leader he meant the man whocamefirst « p te the door . Tbe witness Daniel Evans gafe a clear account of tbe first sbot , and from him it appeared that the firing began with the mob and not with die soldiers ; He ( Clans ) bad proved that when the lower shutters of the window were dosed the people ia the street could net see the soldiers . William Adams stated that shortly after tbe affair took placr , he saw Mr . Frost with his handkerchief up to his face in a bye road , and that be went into a oopice-wood , where be lost sight of him . These circumstances did sot at all make outlthat the prisoner was irailty of treason , because it had been of

      seen thathe ^ wat with a multitude armed persons who were committing » riot in the town of Newport His apparent desire ef concealment , therelore , did not prove that he was conscious of the nre > eise offence with whieh he was now charged , hue , that being eoaseious ef a breach of the law , he wa * desirous to keep aloof , at least for a limited time . The learned judge then proceeded to remark upon ' seme discrepancies between Sir T . Phillip * fad * Cspt . Grey , as to their relative positions in theroim , and as to the order given to the soldiers to fl * e ; Jbtt he observed mat they wern net of a nature tO" *§ edt the credit of either of those f » tleanao >~ Anfn »« iftf tuaHthe eridej ^ jt . appeated mat the soldiers never fired a single volleyor a single gun uatil the firinr commenced from the outside audit asMikmA

      that the constables had nothing but their truncheons or staves of office as constables . The Jury had beard from the witnesses who was next , called , as well as more distinctly from Lord Grauville Somerset , the kindness shown by the prisoner at the bar in going to the ( assistance of tbe Duke of Beaufort oa an occasion of p opular ferment . Matthew Williams and two or three other witnesses took up the transaction at & different place . Thrir evidencewm , that the night before this affair took place the prisoner was found at a beer-shop where persons were preparing ( or the maica under the control and command of others , every ten persons having a leaner

      — Mr . Freit—Not the prisoner , my lord—the witness ; the prisoner was not at that house . Chief Justice Tindal corrected his former statement . It did not appear that the prisoner was in that house the night before , when arrangements were going en , and it wa » for the jury to say whether the person making these arrangements formed a component part of the body who marched next day . The evidence then proceeded : It was said we were to go to Newport , and stop the coaches , the post , and all traffic- " Although the prisoner was not present on that occasion , it was material for the jury to consider whether any similar statements , pat into his mouth by other witnesses , corroborated this evidence . The jury would consider how far the theft , of which Matthew Williams admitted himself

      to have been guilty some years ago , tended to weaken the reliance they would otherwise place npon his statements . Undoubtedly it was a great breach of the law of morality , bat whether it deprived nim of all credit in a trial of this nature it was for the jury to judge . The witness added , that it had been said " if we do not break the old law we shall not get a new one , " bit this expression had by no means tbe same stringency of operation in this case as if it had been uttered by the prisoner at tha ear , or in his presence . The next witness was an extremely important out , as he spoke to declarations Said to have been ma de by the prisoner at the bar himself , and which , i f made by aim , would certainly possess a most serious influeace on the case . On the part « f

      the prisoner it wu denied that he ever made them ; and oefore the jury rave any weight to the evidence , thsy must satisfy themselves that the witness who deposed to these statements was a witness of truth . H edges s tated that it was said in his presence by the prisoner that the soldiers were ready to join them , and that it was onl y for them to go down to meet the soldiers . If this declaration did take place in the presence of the prisoner , it did not appear that it had mec with any objection or opposition from him . The graat question was , wjfetejher . Jh . fi , jury oould pteGe reHarics on the statements of the witness , and upon that they would not decide until they had heard all the circumstances- which surroundod the witness . The erideaceof that witness was extremely

      important , as , if true , it tended to show what was the real intention of the prisoner in bringing , or assisting to bring together ! such a large number of persons oa the previous night , and bringing them down to Newport : Then was no doubt that if the iatention was to take place , and stop all traffic , and to put the to wa in the possession of a large body of men , if it was for thepurpese of creating an alteration of the law for any general purpose , that wonld amount to treason . This depended upon the degree of credit to be given to these witnesss * . The learned judge then proceeded to point eut the supposed inconsis tency in the evidence of Hodges , as stated by the counsel for the prisoner ; the contradiction given , or attempted to be given to it by Mary Jones , and the rebutting evidence of Watts on the part of the prosecution , and left it to ihe jury to decide which of

      the witnesses was entitled to tne most credit George Lloyd , and two or three witnesses' who fo llowed him , i > pok- > to what took plate in the adjoining parish ; and from their evidence'it would appear that Zephaniah Williams had repeatedly enjoined the people to keep the peace , but it seemed that this was not two or three weeks before the outbreak . It appeared also that he directed the witnesses to bring bread and cheese with them to the meeting on the mountain , and that he recommended others to bring arms with them , incu s * anyone should interrupt them . It was for the jury to say whether , under these circumstances , he contemplated the attainment of hiB objects , whatever th-y were , by peaceable means . It was , at all events , very dangerous to put arms into the hands' of a large body of men , lest , if occasion should effer , they might cse them to attack as well as to defend . Upon this part of the case there

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      Was . nodireot evidea ce against the prisoner , * t the bar . J ^ m % the jn ^ y to infer—aafar ^ iM the Evidence otcorrelponding of contrary act * , o ^ i this' part ensiJled , them to-inls?—v ? hether the prisoner adopted or disclaimcd the *) ta < jk" those who it appeared all throngs the transaction w . e * e more or less connected with Jubu < With respect to the evidence of Broagh , ^ reat use was made of it , both an the part of the prisoner and the prosecution , for the purpose of showing the power that Frost luui over that large number of men who were found il * the town the next motrainjg : which body ? of men * though under tha command of Jonws immediately ujyon the signification of ft wish on the part of Frost , let the witness go . On the part ot the prisoner i \\ was used to show the kindness of tbe dispositior of Frost , and that he was ready to do a kind action , and thus to lead the jury to doubt that he could be tTailtjrof theenormities which were laid to hia charge . ¦ Mr . Kelly—It ia also used with reference to the ¦ ¦¦ *•« ma JI ^^ sV ^^ JJ- ^ aa * srainaf rl « A M . *« CUkMA . _ a JiL _

      tune . : . ¦ .. . ¦ : ¦ ¦¦ . •¦•¦ , - . Chief Justice Tindal—1 am much obliged to tod . It is also used as a eoatradiction to Hodges , aV to the time the conversation took place between him and Mh-Frjost The next witness was John Harforick The learned judge here read his evidence , and proceeded to say , that his cross-examination was intended to invalidate the evidence given by him . The first ground was , that he was charged with taking a part in this transaction , and therefore liable to the same objection that is made to aU witnesses who are partners in guilt with the man on . trial His answer was , that it was true that he was there , but he had no ft > ar , because he was forced to be a participator in the crime , and made his escape from it as soon

      as he could , and , therefore , did not think that on giving that explanation he would be punished . Persons were often found in snch cases , who , desirous to serve themselves , would rather state what was not the truth , provided it made a case against the Eriwner . Such evidence was at all times admissible efore a jury ; but it is for the jury . to say how far their testimony is corroborated by other persons . This witness was also ' impugned " upon auowip ground , namely , that he did not immediately cbm forward with this ' account , but remained twelve days in prison before he made the statement The jusy were to consider the circumstances , and consider whether the witness was to be credited or not . The next witness was W . Hurns : and the learned Soli .

      citor-General , looking at the contradictions and improbabilities that encircled his evidence—his making * statement on oath one' day , and his drunkenneM , and then his recalling on one" occasion ; what his had said on another—had withdrawn him from th * o&isideration of the jury . Having read theevi * uence ^ eeyend other witnesses , he proceeded to rettariun the evidence of W . Joaes Phillips , who apt preheated Frost , upon the very evening of the day pf the fth November . This , too , wasput , gentlemen , on th * part of the prisoner , to show that when bi « MSSA were searched , there was nothing to show that he had carried on a treasonable correspondence with others—rthat . there wa « to be found in his house no plan , or- derign , or draft of proclamation , such as one might be loi to suppose would be found with a

      person carrying on or engaged in a conspiracy of the exteiuive nature with which the prisoner stood charged ;\ The jury would give the prisoner the . benefit which Buob an observation entitled him to . This is the case on the part of the prisoner . There was no other witness . The succeeding ^ witnesses , who were 'not many ' in number , were called on the part of the { prosecution . One of these witnesses , John Williams , was called to show that the demand made on them at the Westgate Inn was not to yield tliemselvea priwners . It was not for her Majewty ' s troops to yield themselves prisoners ; that it was a mistake ts , suppose so ; but that the demand in reality made , was that the persons in the inn should yield up their prisoners . This was a very Proper

      matter to be laid before the jury , and it was now conceded on the par t of the crown that no such demand was made as that the troops shouldisurrender themselves prisoners . Another witness stated that Mr . Frost , fyl public meetings , always recommended in his harangues to keep the public peace . This was for the consideration of th * jury . It was for Ihem to consider this ( when looking to the facts for the prosecution ) aa in nature of evidence as to character , namely , that Mr . Frost was a peaceable character ,, j M& » not likely to engage others in a enme of this kind—as a person with a character for honesty was not likely to commit a theft . The question was one or probability . If the evidence was so strong as to break that down , then thev ware not

      to weigh probability against fact If the scales were even ax all , then they were to give the benefit « f his character to the prisoner . That , said the learned judge , is the whole of th « evidence ; audit toupon that evidence that you are to say whether Ik * prisoner at the bar has levied war against the Queen % her realm . That fhere was wry great nolen < % that then , wm an attack made upon the , town ©( 'Jflifport , and that a conflict beyond sil daabj | jfi Ifi 4 » nroted that a very fcT ^ I J&fiW w ^? ^ £ »'** ¦ » TOu » ui hour ; j * dthat they came from different poinu are niatten notdbpatad . ^ Wdone , which you are to jodf * tf . H theirintenUsorwas to carrv on «

      iwbeuiaa , or br a display of thitt which is called ^ Moralfar « i , but by means aKwhioh no mischief •* int eiU <^ it wJ \ uU ^ ectM ^ tae ^ tt % tes would baiadaced either to release Vincent or Ik treat him mem favourabl y than hitherto he had & * + mx ^^ * M * #£ m were doAsiwith a ggteal designvihen was V& treasod eomaattod : "HFoitwerefbr thii other object , it would be punished , and very severely punished by the law , but not with that extremity of punishment which treason incurred . The learned Judge then proceeded to direct the attention of the jury to the declarations made by Frost , as evidenced by the several witnesses , and stated that it was for them to consider whether or not it was the intention

      and object of the prisoner to attack the military , the Queen ' s forces ^ or to setae and keep possession of the Queen ' s towa of Newport ; or to blow up the bridge and stop the mail to Birmingham ? or by tne delaying of Jthe arrival of the letters there ; or by other means give effect to any concerted plan to spread general insurrection throughout the kingdom , or whether they believed ' that his object and Intent was the mere moderate one alleged by his counsel of making such & demonstration of the moral force , as it was calleiJ , by showing how large an amount of physical force he could assemble , as might induce the magistrates to mitigate the severity of Vincent ' s punishment , or to liberate him altogether You need not ( said the learned Judce ) sb much

      trouble yourselves as to see that the prisoner has clearly made that out , because that is " not imposed upon him ; but it is fer you to look at the circumstances with all possible candour and fairness , and see if anything like snch an intention appears to be probable on the face of them ; fer you are not to call on him te prove hi * innocence : it lies in the Crown to prove conclusivel y that the crime charged against him amounts to high treason . It is your province to determine whether the Crown has done this . You will look to the evidence before you , and unless you find that by clear , conclusive , unambiguous , and certain testimony , the crime is proved to amount to high treason , with all the penal consequences attached to it it will

      be your duty to acquit the prisoner ; but i ( that crime is clearly and satisfactorily proved , you will hud him guilty . If such , unfortunately , should ba the ease , and you should be satisfied that the evidence is such , with certainty , as to establish the guilt ef this prisoner , then , however painful the matter may be to your own feelings , it will be your duty to declare him guilty by your verdict The case is entirely for your consideration—it is a question in which the court cannot interfere , and which it leaves tp you , quite certain that jou will Come to that conclusion which the truth and justice of the ca * e requires . The Jury were then « sked if they wished to retire to consider of their verdict

      The Foreman answered " Yes , " and the bailiffs were then sworn to guard the Jury . After the bailiffs had been sworn to guard tbe jury , . The Attorney-General said , —It is usual , my lord , in such cases , that the jurors should be asked if they wished for refreshment before they left the box . Cfeis £ Jnitioe-33 i > d > l 4 ben asked-t&ertury if they ' ds-• ired jnjr refreehmeat . ' ' The Foreman—Yes , my lord , We have had nothing since morning . H « then turned round to his fellowjurors 'for a few moments , and added , "Some of the jury , my lord , think that it will not be necessary . " The jury retired at a quarter io six o ' clock . The greatest anxiety prevailed in the court , which was crowded in all parts .

      CONVICTION OF FROST . The jury , having been absent for half an hoar , returned with a verdict of GUIWY , " accompanied with a recommendation to merey . Judge Tindal— We shall report your recommendation to the proper quarter . ¦ ¦ ¦ The verdict was received with deep concern bra very crowded court , but Frost maintained his self-possession and firmness . *

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      ' ¦ - . _!_ ¦ -- r ., 1 ^ I-II ^ SP—^^•••^^^ ^ - >**> A ** W 1 ATE 8 T NEWS FROM LONDOK . London , Thursday Evening , Stve * pjm . The news of toe « onvictton of Mr , Frost has come upon us like a thunder-clap ; the various delegates of the Convention have departed to their respective homes , or , no doubt , a meeting would have been held this mdtning , the result being quite ontrary to general expectation . Two letters were sent by Mr . Fea ^ us 0 Connor , frph ) Monmouth , to the Convention ; one of which was posted by himself , and the other by another party ; only one-was received ; and UifUhad , apparently , been opened at the post-office ; the letters of the Nottingham Delegate had also been opened , beyond the shadow of doubt Query—Do not these tricks on the part of the authorities speak volumes as to the length they are disposed to go ; and that bo means , lair or foul , legal or illegal , vlll be omitted to f enot eut the very thoughts of the people's friends ? Taking gome Mffxesbment today at a

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      house near the Exchange , usually tjesorted to by stockbrokers , agente , &c , the general opinion relative to trost seemed to be that an offer woold be made ' on ttie part of the CSrown , through somei of the local authorities , to compound the sentenee for a voluntary banishment out of the Queen ' s doainions , and thereby save the point now reserved from being decided- but ^ doubtful , erto if such a couS ^ iw a ^ ptS whether it would have the intended effect . You will learn from this day * papers all the pars ' ™ ? £ tiTe to *• . « t « aiTe--&e tt St MarS ^ s tW ^ f ^?«**« # i the damage of which tees ! tiuteted at £ 15 , 006 . Conjectui ^ of aTerTblack five o ' clock this afternoon , w 2 en I was en the spot the soldiers and police continued to ^ guard the adiS premises , whichhavel ) eenlaid oi ^ by ^ fi ^ , M ? waSd be exposed to pillage , but for sudi protection ^ Should anythinjr further transpire to-night , I shaU forward a second letter by the morning ' s maiL « . i i -- _ " _ _ 0

      Strange as it may sound , there are numbers of wellinformed persona who confidently believe that Prince Albert , notwithstanding matters have gone so far , will not even now be King-consort ; bets to no small amount have been made on the subject , and at flarraway ' s yesterday a book was opened on the insurance system , by one of the initiated . Whether or not , it is disgusting to see the length to which adulation is carried to tb « youn * German : one periodical gives a ballad , written (?) by him another , an interview with hi m in a simmer ; a thirl congratulates the country on ite happmess . ^ i prospectiv ^ : — " Happy land aad people free I '¦* City , to-dat . —The Bank having resolved to lower ¦» ne rate of discounts , money is easier . Consols closed at 9 ii ; Bank Stock , 178 *; India Bills , 2 discount . * jie"is 89 od ground for believing that the housenold troops in London and the vicinity have received orders to hold themselves in readiness for distant

      service , at a moments' notice ; and we have heard from a source upon which the greatest reliance may be placed —a source . that , three years since , apprised the then editors of the London Mercury of the intention of Government to armthe police with pistols and cutlasses for two months before any of the ministerial organs ever hinted at ltr ^ -that serious intentions exist in the Cabinet to Prdpose a suspension of the Habeat , Corpw Act nbtwltbatanding the peaceable aspect of the country at present ! What are they afraid of » Let this intimation be remembered : we fear the intelligence it is too wellfounded to beerroneoua .

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      The British nation niaintains Its peculiar glory All British residents hare bpenignominioualy driven out ef Ma ' cab , at twelve hours noUc » . Superiotendan > Opium Elliott was glad to cut and run , with an empty bread basket . The Chinese refused even to allow him , to be supplied with provisions . He fired upon them , and maintained the honour of the British flag by getting well thrashed . All commerce with China is consequently at an end .

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      Monmouth , Thursday Afternoon , four o ' clock . Tbe Court opened this morning at nine o ' clock . Sir F . Pollock then rone , and said he wished to understand whether in the event of the objection taken by him yesterday being ultimately sustained , Mr . Frost would be placed in precisely the same lituation as if their Lordships had last night decided his favour * Lord Chief Justice Tindal said , the posi-tion ia which the prisoner would stand , if the judges decided in favour of the objection , would be the same as if that court had so decided .

      BPSCIAXi COMMI 88 IOV .

      Samuel Simmonds , the witness called fyetterday , was then placed in the box , aud sworn . This witness is described in the list as being of the parish of St Woollss , in the borough of Newport , in the county of Monmouth , labourer ; aud it was understood in court that an objection on the part of the prisoner would be taken to his evidence on the ground of a wrong description . The objection was overruled . The Solicitor-General resumed his examination . —Witness remembers Mosday morning , the 4 th of November . Knows Mr . Frost ; saw him on that morning , near the Porta-y-bella weighing-machine , which is almost a mile from the Westgate Inn .

      There were many persons with him , some of whom had gnus , others scythes , routing-spitt , pikes , mandrils , long pieces of iron , and such kind of things . Mr . Frost was iu front , and the party coming up Stowe-bill , in the direction of Westgate Inn ; this was about nine o ' clock in the morning ; knows they went to the Westgate Inn . At the top ef Stowe-bill , by the turnpike , they made a halt . The turnpike is nearer to Westgate Inn than the weighing-machine , and Mr . Frost there eaid , " Let us go towards the town , and show ourselves to the town . " The word "hall" was first given , ut did not bear by whom . They then went down tbe hill towards the Westgate Inn . Witness went

      In the sama . dirnittioav ( Witness here pointed out ia a map the part of the WestgaW towards which Mr . Frost went . ) The party went down ft * UU ana passed by the west aide of the inn , and then turned round on the right to the front of the inn , and afterwards went round towards the yard , which is on the further side of the inn from Stowe-hill . Theinn ban two bow-windows , and the yard turns up by the bow-window farthest from Stowe-bill ; the gates of the yard were closed . Mr . Frost was on the pave , aient by the " Anchor" shop adjoining the yard . The peo p le attempted to enter the yard , but did not succeed . The bow-window is on one side of the yard , and the " Anchor" shop on the other . Mr . Frost

      ¦ aid to the people , " Tarn round , and show your appearance to the front" Witnes * was close to Mr . Frost when he used , that expression ; the people then turned round , went to the front of the Westgate Inn , and rushed in at the door , which was open . The next thing the witness saw was firing ; which began near the door . Thinks it began from the people who went upte the Westgate Inn door . Richard Waters , examined by the Solicitor-Gene . ral—I am an attorney , residing at Newport . I had been sworn in as a special constable previous to the 4 th of November last . I know Mr . Frost . 1 saw him on Monday , the 4 th of November , immediately before the Westgato Hotel , about nine o ' clock in

      the morning . He was alone , inasmuch as he was on the pavement , but accompanied by an immense body of people in the road . He was doge by the house , and the other persons were occupying the whole of the road . I have known Frost from infancy . On that morning he had a sort of loose red wrapper round his neck . I heard firing , and saw Mr . rrost almost instantaneously . 1 had to keep watch and ward / as a special constable . I was standing in the commercial room of the inn when I first saw Mr . Frost ; it is the west bow-window of the inn . I went on duty at eleven o ' clock the previous night , and remained on duty all the night , and was at different parts of the town . I had been at

      the Westgato about twenty-nine minutes before I saw Mr . Frost that morning . The people came down Stowe-hill ; they immediately wheeled round in front of the inn . I remained in the room a « long as I considered it safe . I went into the passage to get into the back yard , but I found the door blockaded by part of these men . I went up stairs ; a portion of the'window looks across the front of the inn towards Westgato-street 1 heard the firing immediately after I saw the persons come down Stowe-hill . They broke in the windows , which caused such a noise that I can hardly say there was firing . They brake in the windows with pikes and mandrills and vari ous sorts of weapons . I remained upstairs durin *

      the nnng , which I think lasted about seven minutes . Thomas Latch , examined by the Solicitor-Gen . eral—I am the son ef a merchant rending at New-P ° % ??! r : % ; J&rtt » fr Ian . I remember she Morning of the 4 th of November . I was at the Westgate Inn that morning . I saw Mr . Frost pass under the window of the inn in the direction towards the front of the Westgate . He was on the pavement alone , but there were a number of persons n the road , Mr . Waters was standing by my side . The jpeople . were anned with guns , pikes , and mandnls ., I heard firing of gm » while I was in the Westgate vabout two minutes after I had teen Mr . rrost The , windows of the commercial-room were broken in by the mob .

      John Reece , examined by Mr . Ludlow—I live at Pilligwently . On the morning of the 4 th of November I was with a boy of the name of Coles at a quarter to nine o ' clock . 1 saw a man on horseback , riding fast towards Newport , and I then went towards the Portobello-machine ; then I met a large body of men . Mr , Frost came to the front ef Ae mob , from the hind part . He asked Coles where the soldiers were . He said there were about a dozen gone down to the Westgate . A man called Jack the Fifer wa » near Frost , and had a pike inonohand and a pistol in the other . The mob were in the road . Jack said to Coles to go on , and tell them they meant to have the Westgate for

      themselves by and by . It was loud eneugk for Frost to hear . The men were then standing still . I heard Frost and Jack the Fifer give the word ** March , " ., and then they marched on . Some had guns , and gome pikes , and some mandrils in their hands . Some had anus , They marched on till they came towards the Fryars ; those roads lead to Newport . Cross-examined by Mr . Kelly—The Portobellomachine is about three quarters of a mile out of Newport . The boy Coles works for a blackunjith in Mr . Phelps ' s yard ; I have known him some time ; he works for Mr . Phelps ; he i » a coal-merchant My father was one of the special constables ; he was not with me at the time I speak of , ; I had not been at the machine three minutes before

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      I saw them . I wm standing . I went to see th * : CbartistB comine in , a * l heard they wen comin * ' , , I suppose Coles had been there five h ^ uteiTTir ' '' came up the tram-road . It is the mad fm ' m ,-& $ kk " towardsVaiachine . frfi , "Wi ? %££ ' $ ** ? mile from die machine where this took" place Uwas not two minutes after the men came up that Frost spoke about the soldiers . They werehalted when he came up . There were many thousands * They we . re huzzaing . I should say the mob stayed at this spot about five minutes , or more . Coles was standing by the side of Frost , whenr he seid tkis . When they marehfld on , I ran before them , 1 waa not afraid of them . 1 went across the fields by the - . ¦ ¦ ^^^^^^^^^^ ^^ V-- *' : _ , -

      machine , and stopped to see which way they did go . It is a very little way from the machine where the roadsjlmde . One road leads to the Salutation , and the other to the Friars , lawear th * » ob divided ' ttei , * " 9 n l £ arty wenk <> n « ** 7 V » d the other S !* *?"' ' i < bd ** notice Fr 08 t afterward ! daring ^ W ^ ^^ M ^ m ^ father remained at HopkWs ^ waf ^ S ai et £ sttr&j Ks ® Re-examined by Sergeant Ludlow—Mr . Blewitt nd Mr .. Coles were the mBgistrates present on the oth of November . Hopkins ' * u the station . ' house .

      By a Juror—I heard Mr . Frost and Jack fls » JMF ^ i " March . " I swear I distinctly am " March . \ * *• t Jamw Coles sworn , and examined by Sergeao * Ludlow-I-hve at Tilfigwently . i On the morning of the 4 th of November Twas : oh tte trim-itwdiMat the Portobello machine with ReeV A greatmanj people came up ; they had gnus . and p ^ EesfanA other things in their hands , which I did ' ntflee . I did not gee a person on horeebackv I had come utt from Pilligwently , I saw a person by-the head- They afterwards stopped . I know -tte nrisonefT'H saw him that morning just abreait me J > ertoj ) eQ « . ' rather above the machine . I know . Jack A * Fiftk I saw him there . He had a pistol in one hand ; I can't say what in tiie other . Thepriaoner had a red cravat on . Frost asked me where the soidieft were who were in town . I told him Iliad beentoN thai Sfc ^^^******

      v . . ' ^*^ - ^*^ others in the Union . Then one man cantevcame xb » "Vi •*^ fei * & 9 want , the Weetiste ;" . aixA —* aw . said , ' ^ A nd I want a waistcoat , w mine Jr d—» d wet " One of them hV _ a pike in hb > ha « d , with a . crook at the end of it They were planning hoot , showing how they would do it ; the ; showed . wiskthe hook , and another said to Jack the Fiferi \ And , ' so will I ; I will cut it , for mine is d—d sharp ; vfeel it . " They were showing how they would do h : they ' -, were then halting . I afterwards heard Jack thfe ., Fifer say " March . " I did not hear Frost say any- - , thing . They then marched , and they made me go with them . 1 wanted to go down Charles-street * but they would not let me . They afterwards wens to the Westgate inn ; I went with them who went * down Stowe-hill . Idid ' nt see if any went the other -.

      way . Thomas Bevan Oliver , examined by Mr . Sergeant Talfourd—I am a printer , I live at Newport , ana was sworn in a special constable , I believe on tbe 11 th of May . Mr . Thomas Phillips , now Sir T » Phillips , was then Mayor of Newport ; he directed me , on the morning of the 4 tb of November , to take up a post at . the Westgate inn . It was about nine o clock . I was stationed at the front door just im the doorway . Tbe door was then open . Other special constables were stationed in the doorway . The door was then open ; Other special constables . were stationed in the doorway and the passage , bat : none outside . There were then soldiers in the Westffate ; I had seen them about a auarter of aa

      hour before inarched into a room in the WestgatA , When I bad been at the door about a quarter of a * hour , I heard tremendous shouting from Stowe-hiliv I almost immediately saw a few straggUng person ^ coming down the hill , seemingly before the mob . ' - They were not armed , and some I know to be jsjH ¦ - habitants of Newport . A main body of men , armed , followed them ; they had some guns and some pikes * some made roughly and others well . They cams down five abreast , and every other rank had a mam with a gun , who marched on their right hand neas » est the Westgate . The others had pikes , but I can ' t say for certain thai nope of the fives had not guns . I was at that time standing by the door-post .

      When they wheeled round the corner they wentte-. wards the yard gate * . The angle of the house prer vented my ae&og what they did at the gates . 1 saw a man named Waters there . He had a gun . As ht passed the window he held the gun up in a threatening attitude with the one hand , seemingly pointm ? it at some one in the window . The crowd the * - halted , and some one came up to the front deda > where I was stationed . The first man had a gun * others pikee ; but they did not march up inord « a > They came towards the passage . The man with the gun said to us who were in the passage , " Surrender yourselves our prisoners ! " I heard an answer made from some one in the passage ; it was , *• No , never . ' ? Upon that , the man witbihe run tewdl ^ l Uat my head . I cauxht hold of the door . ansVtt

      struck tbe gun abpit three iitchesion one side , a ^ the gu& went off immediately , abswot dose to tux hvmd . - f luxuiPOlB ^ y « rftprwawtsOheard firing , wh A came first from the outside . There wumuehfiriag afterwards ; The men pushed by me in the passatf * , and then the smoke from 4 he firing became so dense ? that I could not see one party from the other , and i made my way through them by the back-door in «» the yard . There were a great many in the passaget they were armed with the same kind of weapon * which the crowd had . The firing continued after i went into the yard . 1 did not remain in the yard , but made my escape by a back way home . I leathern in the passage in the state 1 have described . 1 returned to the Westgate in about twenty-five minutes : the crowd had then dispersed . 1 saw persons lying dead there ; there were two ¦ ia the passage .

      Cross-examined by Mr . Kelly—1 have spoken of Waters , but it was another man woh came up to the door with tbe gun . 1 did not noe any one appear to be the leader . Mr . Kelly—Now look at this . Is this your deposition before the magistrates ? Witness—It is . Mr . Kelly—Pray , then , look at it , and tell n * what , you mean in it by Haying " the leadez ? « fec ? ¦¦ Witness—1 perceive that in this paper a person J » mentioned as the leader , bat 1 did not mean by % to say that 1 saw any direct leader of the mob , " out 1 designated , the person who came up to the front door of the Westgate with the gun as a leader . The Court then directed that the deposition uhonli

      , D 8 read , which was done accordingly . Cross-examination by Mr . Kelly continued—YoU call one man the leader of the mob ; who is he?—1 believe the leader of the mob to be one who ia since dead . Do you know the name of that person?—1 do not . How long was it after the mob had assembled before the door were the words used which yoev have stated ?—1 do net th' ^ V a minute neeV elapsed ; . . 4 Was it not the first thing done ?—It was . -. Can you undertake to s wear positively to the worda , or do you only believe what you have stated to be their substance or effect ?—There might be a tdngkv word different ; but I believe them to have been such as I hare stated .

      Did you observe wiether they were addressed to any particular persqn ?—They were addressed »» me the man who used them was about a yard from me , and seemed 1 o be addressing himself to me , wh » was the nearest to him . ¦ ; Might he not have addressed himself to the who ** party assembled ?—Yes . ,. Do you know who cried out "Never ? " —No . , , It was one pt jour party ? --It was some osebfrv hlndme ? ^^ * ¦' . , ; You went jwaay before the firing had conipIrteV finishedf-Y-es ^' /^ c =: ; ''¦ . ; t ^ _ - .-Did you remain within hearing?—Yes . , >;« , . Howlongdidthefiringcontinue?—Perhaps about ten minutes , as near as I can say . | , : Toucan perhaps tell me whethetyouknolr > person of the name of Vincent?—I knewhim , bja * . not personally * : ¦ ¦ - . ' ¦ ;¦ .. ¦ '¦ . . ; Do you know that he has been in cpnfinemeat since the Summer Assizes?—Yes , I was here at his ferial . ¦' :.. ¦ '' : ¦¦'¦ ' . : ¦ ¦'¦ . . . , ¦ - ' „ ¦' ., - ¦ ¦ : ..,- ( ... :

      I believe he u what is called a Chartist ? - « Ye » i , Were others of the same description of per # « a « tried some time back , and convicted , and iauidsoned?—Yes . ¦ ; . ¦ . --. -: .-,- .,: :, ; . ¦ ¦ ¦ . ; - ^ T YouhaveBved at Newport all ttds time * andde you know whether it : i » mot matter of notoritty that great complaints were made by the Chartists concemuig the manner in which Vincent and the others were treated ?—l do not know . Are you connected with any newspaper ?—Not ftere . i reported tbe examination before the magufrates for a newspaper , but was never connected withaiiewspaper oefore . "\ He-examinei by Mr . Sergeant T * Ilbutd-tY « of two with

      we ^ poken persoas guns ; wese they the only men so armed ?—No , there were many others . ; v . -. t .., ; ,: ' ..: •; ' ¦ •¦ , / / . ^ > : . - . ¦ ... .. . -.-„„ Henry Evans called and examined by Sergeao * Talfoutd—Wittteas is a saddler . Iivea in Newport , W the neighbourhood of the Wea ^ ato inn ; which b nearly opposite hia house . Was at home on the morning of Monday the 4 tb of November . YTa * standing at hiB shop-door ; observed something ue .-usualjhad ^ he whole front of the Westgate in view ; about nine in the morning observed a great quanti ^ r of people coming down btowe-hill , armed with different kinds of weapons . Thinks about 300 persons came round in front of the Westgate inn . They marched seven or eight a-breast Onlynotioedoiw fCaoUxtued in mr Third page . ) . ' - ¦ -.. ¦ ¦ ' . . i ¦

      From Our Third Edition Of Last Week.

      FROM OUR THIRD EDITION OF LAST WEEK .

      ; War With China.

      ; WAR WITH CHINA .

      Second Edition.

      SECOND EDITION .

      Untitled Article

      : 2 I Tgf--k p $ tfaHJ ^ ;¦ . ' ¦ ;/ rf

  • Citation
    • Northern Star (1837-1852), Jan. 11, 1840, page 2, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2666/page/2/