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Northern Star (1837-1852), 11th January 1840, Edition 1 of 1, Page 5, Untitled Article

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      Ware it became the gnat shield of the JiTes , ¦ bgty , lad kappiftw of the people ; and this ia import" * wtti regard to the levying of war ; for I am ft&sg to show you that disturbance * , marches of a much more palpable , dangerous , and destructive character than anything that has been attempted to . be pwnred here , haTe yet not been held to T > e treason , or a leTying dt "war against the Sorereign . I am about to read i » hat stands recorded with regard to a Kriom disturbance which took place soon after the passing of the iti ^ nte , in which there was marching in military array mai y ^ t it was not held to be tagk treason . Lord Hale BBys . . — "In the ParEament of 20 th Edward I ., now fdnted In - ^ 7 . P »| e 77 , it appears there arose a private qnaii ^ between the Earls of Gloucester and Hereford , two ( & *< »* lords marchers ; and hereupon di-Ters of the Earl of bJoacester ' s party , -with his consent , * cam mnltitudine , tam © libitum quani peditum' exierant fie tenaipnas comitis de Morgannon com vexille de ssmii ^ x > v . ~ i . _ j » tl « » ,. . . . *

      anms , ipnua comitis cxplian < o remus terram comitis fieref de Brecknock et ingress !! frerunt terram iDnm per spatium duaram leucaram , fit iH . vn deprsedati faexunt , et bona ilia deprsedata usque in terram dicti omitis GlocestrcE addnxentnt , ' and tilled many , and burnt houses , and committed dirers other outrages ; and the like was done by the Earl of Hereford and his party upon the Earl of Gloucester . They endea-Toured to excuse themselres by certain customs between the lords marchera . By the judgment of the lords in Parliament their royal franchise * -were seized as forfeited during their irves , and they committed to prison till ransomed at the King ' s pleasure . Although here was a war levied between these two Earls , yet , TnMmnrti as it was upon a private ffuarrel between

      Item , it was a great riot and contempt , and no levying rf war against the King ; and so neither at common law , nor within the statute of 35 th Edward III ., if it had been then made , was it high treason . " Gentemen , I shall show you that here , in this Tery case , this riot was not so great as that in which the Earl of Hereford ¦ Was implicated ; and that , although not arising out of * private quarrel , it was for bo limited a purpose that It cannot , without a base oTergtraining of the law , be pronounced high treason or a leTying of war . I know Jon will find it to be a grievous offence , but you will aot be parties to overstraining that law which is the safeguard and the protection of the people by pronoun cing this to be a leTying of war . There u an # ther case , and perhaps a still more important one— " It appears

      by Walsingnam , ettb anno 1403 , a greal rebellion wai wised against Henry IV . by Henry Percy , eon of the Karl of Northumberland , and others . The Earl gathered s great force , and actually took part with neither ; bat marched Trith his force , as some thought , towards his son , and as others thought towards the JEsg , pro Tedintegraudo pads negocio . He was hinttaed in his march by the Earl of Westmoreland , and letarned to bis house at Wirkworth . The King had Jhe victory . The Earl petitioned the King ; the ¦• hole fact -was examined in Parliament—ParL 5 th Henry IV . n . 12 . The Rin g demanded the opinion of the judges and his counsel touching it The Lords protest the judgment belongs in this case to them . The lords , by the King ' s command , take the business Into examination

      , and upon the Tiew of the statete of 25 th Edward 111 . and the statute of liTeries ' . Adjugerent ge ceo , quo flat fiut par la comte , nest p * s treason , ne felony , me * trespass , tantsolement par quel trespass 1 « dit coonte deust faire fine and ran-« hu a Tolunte du Roy ;* : but Henry , the son , was attaint at treaaen . It appears not what the reason of that jndgyppt was—whether they thought it only a compaasLng tolery war , and no war actually lsried by him , because not actually joined with his son , or -wnether wey fought his intention was only to cometo the TTin g to mediate peace , and not to lery a war , nor to do aim any bodily harm ; that it was indeed an offence in bim to raise an army without the King ' s commission , bnt not an offence of high treason , because it did not appear that he raised arms to oppose the F ^ g , but poaaibiy to assist him ; but , whateTer was the reason of it , it was a Tery mild and gentle judgment , for the

      Paraament was doubtful of a mare seTere judgment . Ilota : he return * thanks to the Lords and Commons de lous bone and enijTre coeis a liu monstre ; and thanks the King for his grace , Gentlemen , I pray your attention to the expression " that it w indeed an offence to raise an army without the King ' s commission , " because in the only part of my learned friend ' s opening , in which he professes to giTe a direct object to this fcmultuous assemblage , he talks of superseding the « mtkority of the Crown , a Tery -vague and indefinite ¦ erpresaon indeed ; but in the times of Henry IV- as ell aa of Edward L , the authority of the Crown was actually superseded . In the latter reign we find -the Earl of Northumberland raising a large and * jk > wc ± Tu 1 army , marching it through the northern coun"ties , and for which , having been tried , he considered iimself Tery leniently treated in being only compelled to aayafine .

      The Foreman of the Jury—It wa » the son -who was $ neemto& that occasion , not the father . Mr . Kslly—The son ;—the gallant Hotspur , as he vas called—was certainly arrayed in arms against &e most gallant monarch of the day , Henry Y ., then Prmce of Wales : but what 1 was reading , entleinejn , was done by the father , who raised in Nortasmbarland a numerous and powerful army , - « ad marched througb / ftorthBmberfand and across fke country , every one thought , to assist bis son . There can be no donbt that this was a levying © f war , although it was not high treason ; and if he had Joined hi » son * and attacked the King ' s force * , it would have been high treason . 1 only refer to it to abow that the mere leTying of war , unless it be gainst the Sovereign , does not amount to high trea-• on . If the gentleman who waa kind enough' to

      sogfect tbe question means that the son only , and not tie father , was in arms , the matter is mistaken . The father was at the bead of an army , and marched to Shrewsbury , where he was met by tbe Earl of Westmoreland . He guided and led the men ob the march , but a lenient construction was put—• e it must be pot—upon every act connected with a charge of so grave a nature as high treason . At tbe battle of Shrewsbury Hotspur was present , and fell . by the hand of tbe Prince of Wales ; but the father being fortunately met , and stopped by the Earl of WeaoB&oreland , came too late—hig gallant son had lost his life . And although the Earl of Northumberland had marched at the bead of ten or twelve thousand men he was not held guilty of treason . And way ? Because the Lords of Parliament , who were the jury to try him , thought that he might not tare intended to attack the King ' s forces .

      The Attorney-General—Possibly to assist the King . Mr . KeBy—Possibly to assist him . If there b « a doubt , acd you , gentlemen , deal as mercifully by tfce prisoner as the Lords of Parliament did by the Ewi of Northumberland , he -wiilgo free from that bar . Here wu Hotspur pressed by a gallant and accomplished warrior , in danger ol that life which he afterwards lost . His father marches at the head of ten or twelve thousand me * , and the question fcr the jury—the Lord * of Parliament—was , did he * arch to asd * the King or his nan . ' Why , gentle-Jnen , can there be a doubt toat he marched to tne -to son ' s life , but came too late , and when the . ques-• iion came before the jury thej decided it faTonrably , tsohoueh 1 should hare rauoosed no man could hate a

      doubt about the intention ! of a father in such a easel I only refer to it to show that where there ^ a a donbt in a charge of treason , whether in the case of a peer or a peasant , the Lords in Parliament , or you , geatii-men , Bitting in that box , are bound to pet tbe best constrpctioa ; acd if yon can raise a doubt , to give the prisoner the benefit of that donbt . There i , gentlemen , a still later case—one of comparatirely modern tiaes—to which 1 shall shortly call Tour attention , and it is not unimportant to repeat sere ths . t we are upon tne question of iatentioo , te-« ause 1 haTe admitted to yon that Mr . Frost became •* party to the mvcratg of armed soltitudeg -ttrotigi the country , and if a treasonable intent

      - « oold be shown it might amount to a leTj in * of war . Tbe case , gentlemen , to which 1 aa going to allude if tbe case of . Lord George Gordon , a ypung nobl > aoxa olgrea | power * great talents , great influence , ted , 1 beUeTBi *? small powers of eloquence . He assembled fid lest than 20 , 000 men in order to petition Parliament , and to make a strong demonstration by fore ? and number * in support of their petition agsinst an act of Parliament which had b « en ome Mtle rime before passed for tike relief of Roman Catholic . , called Sir George " Sarille ' s Act . " In Ifcat ease 26 , 000 men xnardiad from St . George ' s Fields down tv the House of Common * , sot , gentlemen , as * t Newport , at a distance from the seat of gorerntteat , the mjnift- ?* , and tbe Parliament , bat marched

      4 om to the House of Commons ii a time when certain resolutions relatrre to the repeal of Sir € Uorge SiTille ' s Act were debated in the bouse . This ¦ mul titude , eanrened , prompted , directed , and en-Wnraged by Lord George Gordon , appeared » tthe House of CeouBcms to present their petition , aad almost filled'ibe lobby ; so that when the house was aiout to' dmde , according to tbe arrangements of tbat time tbey could not diude on account of tbe pfweuca « f c ^ oese strangers . Tbe question arose whether . Jretsoft iad been oommitted by Lord G . -Gtrdgs ,. This multitude baring first proceeded to to * Hopse of . C ^ nunon 3 , to intimate and orerave the Legislator ' s ,,, ? 5 f le discoasiog public measures , wparjed ; tbey " increased in numbers , and sueh n * graiat ¦ oulriges * tre eommitted , thai , during two t three days and nights , all London was in a blaze . i bdier « &at at one time there were no lose than

      finny-fire fires raging in the metropolis ; and tbe ^ tirect a &d arowed object was to cause a repeal of 4 he-a € t-fc « Ae relief of the Human Catholics . Lord £ «? rge-Gordon-was indicted for high treason . It was then ^ clearly laid down by ( he learned -and « xeel ^ % t Cbw JuEtiee who presided—and no doubt S 8 tbdtlajt now stands , correctly laid down—that tbe aete cb ^ EMt . did amoun t to » lerying of war . Tbe « nesiion , « ieiu vxs whether the object and intent of Lord Geqrtt Gordon , the prisoner at ibe bar , ad gyred ^ by 1 &b actE to the salisfaciioB of the jury , " wore treasonable or not . It is important to bear m « nnd tbat-this wus acknowledged to be a lerying of war , afid the' question still remained behind as to what ?» * be intent or object . in the mind of tbe WiaoMT—vhepier be did noi intend to compel the ugislaxBre . t » alter-ibe law or subrert the oonstim ' - t » n . The «« dease gjvsa ia ibj ^ case was incompazably ascocger . Ui&a any iliai had been offered

      Untitled Article

      igaioBt the prisoner no » ^ at the bar , and yet . after bemg : tned by learned Jud ^ s , and ' by J& and uncompromising jury , Lord George Gordon vas acqmtted . There is no donbt that it wafa Wg misdemeanour . and many were punished with minor oenalties for their participation in it ; and if Lor , G . Gordon had been uidicted for a riot and tumult he would hate sufFered the punishment awarded by the law for that offence . Bnt the question having been raised of levying war to dethrone the Sovereign or to alter the laws or Bnbrert the ' constitution , the prisoner was acquitted . Gentlemen , 1 hare troubled you with reference to these cases , m order that you may keep it quite clear and distinct in your own minds that there may be a leryine of war—that a bj » 1 iib » yiie prisoner now atthsbar . n . nA vat » fto »

      party charged with treason may hare levied war may hare been present-at acts of riolence , may with his own hand have sacrificed human lires , may hare destroyed a whole regiment of her Majesty ' s ; roop 3 , and while the question remained behind with what intent was this done 1 whether it was a mere levying of war , or a levying of war against the Sovereign to subvert the constitution . Whatever may have been the mischief , whatever may have been the riot , whatever may have been the bloodshed , if you wili the qnestion still is what was the ioteut and design in the mind of the prisoner at the time when be oommitted these acts ! Because , if we are to say , that whenever a riot , a tumult , or bloodshed occurs , it is a levying of war against the Sovereim

      yoa knew on every occasion when any outrage occurred the individual would be indicted for high treason ; and , instead of Buffering the fine or imprisonment which would be appropriated to his offence , he would be consigned to themost a « ful of all deaths which the law can inflict upon a human creature . It is , therefore , of unspeakable importance to observe the ' distinction between riot , tumult , » Ed even bloodshed on one hand ; w \ d , oa the other , that treason alone with which the prisoner now stands charged . The question , therefore , for you will be , what was the real intention at . d design of the assembly of people wno met on the 4 th of November , and how far Mr trost was a party to . any criminal intention . 1 shall now , gentlemen , refer you to the charee of T ^ ord

      Mansheld in the case to which 1 referred—tbe case of Lord George Gordon -, because it extremely resembled , in many of its principal features , the case which you hare now to consider . In both , multitudes of people assembled together ; in both , great outrages were committed * 1 have described to yon those which occurred in Lord George Gordon's case but you too well know those which are connected with the present . When the case was gone through , and Lord Mansfield had laid down the law as it is recognised by the most eminent lawyers , he said there were two questions for the consideration of the jury : — First . Whether this multitude did assemble and commit acts of violence ; of that you know , gentlemen , there conld be no doubt , with intent to terrif d

      y ancompel the legislature to repeal the Act called 6 ir George Sarille ' s '—if upon this point your opinion should bo in ihe negative , that makes an end of the whole , aud the prisoner ought to be acquitted ; bnt if your opinion should be that the intent of thiB multitude , and the violence they committed , was to force a repeal , there arises a second point—whether the prisoner at the bar incited , encouraged , promoted , or assisted in raising this insurrection , and the terror they carried with them with the intent of forcing a repeal of this law . This , gentlemen , is the whole of the endence on either side ; you will weigh this evidence , and all the observation s made at the bar , or which occur to yourselres upon it—1 avoid making any . The points for you to determine are , wneiher

      this multitude were assembled , and acted with an intent to force a repeal of this act , called Sir U . baville s Act ; and if you think such was their intent , whether the share the prisoner had in getting together such a number of people to go down to the House of Commons—in meeting them Si St . George sfielda—in talking to them in t >> e lobby and wearing the cockade on Friday and Saturday , or in any other part of his conduct—had the same intent , by the terror of an outrageous multitude , and the violence tkey committed , and threatened to iorce a repeal of thi * act ; if there was no snch intention , either in the mob or the prisoner , be ought to be acquitted ; but if vou think thore trad such an intent u , the multitude incited , promoted , or encouraged by the prisoner , then you ought to find him guilty , li

      til . * scale hacg doBbtrtu , and you are not fully satisfied that he is guilty , you ought to lean on the favourable side , and acquit him . " Lord Mansfield here leaves" two questions , the one as t © the intent of the multitude , aud the other aa to the iatennontt the prisoner , and tea Lordshi p adied , i&e my Lords will add to whatever instructions th « y may give you gentlemen , "If the scale bang doubtful , sad you are not fully satisfied he is guilty , yoa eugut to lean on the favourable side , and acquit him . " That u the charge of my Lord Mansfield in that case ; and although there a tnmult eceurred and ontragrt were committed—although a . multitude came to the verge , to the very door of the legislature , 20 , 000 in numbtr , to overawe the members in their debates ; and although Lord G . Gordon was so slosely connected

      with them in their suBsequnnt outrages that he , like Mr . Frost , gave a protection to a person who applied to him for it , yet , although bis aets were wrong indeed , they were not held to be done with a trea . tollable intent , and he was acquitted . Before 1 leave that part of the subject , 1 may teD you what that circumstance was ; because where a person nay mix himself up with the mult itude , w « . at power he may exercise over them , and yet how far short hi » acts may be of the guilt of high "treason ! Dnring the riots a man of the name of Bond , wke had heard that Ms house was next to be pulled down—applied to the prisoner for a protection , which h # gave him in these term * : — "All true friends of Protestantism will , 1 hope , protect , and do no injury to the

      property of any true Protestant , as 1 am well assured that the proprietor of this property is a stanch and true friend of the cause . —( Signed ) George Gordon . " Tbe prisoner gave this protection in order that it might have aninfiienc * over the multitude which were assembled for committing outrage , and under it the property was saved ; and yet the jury held that , thoughhe might be gtrilty of riot , of sedition , of nnwarrantable- | -nay , even of criminal acts , tbey were not satisfied that he intended to subvert the government or dethrone the Sovereign ; and they acquitted him of high treason . Gantlemen , my object in alluding to all this is to guide your minds to this proposition , tiiat whatever may hare been the lo *« , whatever may have been the outrages , whatever may have been

      the painful and melancholy consequences attendant on the transaction of the 4 th of Is oveinber , g rill the great question in the case , that upon which vour verdict matt depend , it . what was the intent and design in the minds of the multitude—what was tbe intent and design in the mind of Mr . Frost , the p risoner . And their Lordship * will tell yon , that m order to come to any conclusion importing the guilt of the prisoner , it must be proved to your perfect conviction ( bat he entertained the intent and design stated on this indictment . 1 propose now , gentlemen , shortly to call your attention to that intent and design as stated in that indictment . Because if , npon tbe evidence , yon should find no proof , or proof insufficient , to satisfy you that the

      prisoner intended to do that which has been stated to be his intention in the indictment , then there is an end to the case , and die prisoner will be entitled te a verdict of acquittal . The indictment contain * several count * . 1 shall not now complain of the number of those counts , bnt 1 do think that tbe Attorney-General would have afforded a better opportunity for the accomplishment of justice , and would have exhibited a more indulgent spirit towards the accused , if he had said that the count which he meant to gnstain by evidence was that charging the prisoner with intent by force to subvert the constitution and the government , or to : force an

      alteration m the law . That in my Judgment would hare been the better and the more indulgent coarse ; for , my Lords , when we look to th * indictment 1 think it will be fonnd that the parts of it charging the prisoner with by force endeavouring to subvert tbe constitntion and government of the country ; to change by force the law , and to compel her majesty to alter her measmes ; 1 think that this is all contained in the indictment which has been endeavenrad to be sustained by endence , or which it was the intention of any friend to sustain . The Attorney-General—There is nothiag about intent in this .

      Mr . Kelly : My learned friend is mistaken . The first count states that the prisoner and others did levy war against the Queen , and farther that with -arms in their hands , " with intent by and with the said last mentioned arms , to arm themselves and ether fake traitors , in order to attack , fight with , kill and destroy the soldiers , troops , soldiers , and forces of our said lady tbe Queen , and other her liege and faithful subjects , and to raise , make , and levy insurrection , rebellion , and war against our said lady the Q . u 66 n in this realm , and thereby to subrert and destroy the constitution and government of thiB realm as by law established , and to alter and change the laws of this realm by force . " Then there ig a count f » r levying war , and then for compassing to depose the Queen . With regard to this last connt , it would doubtless be esteemed a loss of time were 1 to waste a vord upon it , and 1 only mention it for the purpose of reference , when I come to deal with the

      overt aets alleged against the prisoner ; then there is a count charging the prisoner and others with conspiring to seize upon Newport , and upon the postoffiee there , and the last count is for levying public war against tbe Queen . It seems to me , gentlemen , that without going through all the indictment , it-will he sufficient for my purpose to refer to it generally , i It is said in tie indictment , that the prisoner with others is charged whh levying war and other overt acts , with intent to subvert the government and constitution of the eountry , and to compel tbe Queen to alter her measures ; or , in other words , tbe charge may be reduced to this , that acts weredoneby them with the intention of com polling the Queen to alterhermeasures , and by force to compel an alteration of the law . Gentlemen , that is the question in this case upon which the life of the prisoner hangs—bis life uependB upon these averments in . the indictment being made out , and being so , it " became fha counsel for the Crown—it was' the duty of the AttQracy-Ge . aeral to

      Untitled Article

      yon , gentlemen , to farther justice , and , above all , his duty to the unhappy prisoner to state the charge w hich he . was about to support by evidence . 1 conceive that my leaded friend felt thia to be his bounde n duty to do J for , although it is his privilege , ret it is not the custtffli for the other law officers ot tue Crown to address tb £ court before the counsel for the prisoner . We , therei 5 > re , to whose advocacy the life of the accueedis intrusted , have to deal with the case , can only deal with ii as it has been opened , snstained , and p ' aced before « s by my friend the Attorney-General . We cannot anticipate the arguments which may be offered by the Solicitor-General whes he comes to make bis reply , we can only grapple with the case as it standB at tue dose of the ^«™ _ . _ . . __ _» . _ 1 « i *

      evideose which has been produced for ywir considerat » n , and we therefore naturally look to the statement of the Attorney-General for tho latent , the objec ^ and declarations wbieh he set forth in it , and whicn can be the only guides by which the counsel for the prisoner can be governed . My learned friend , in tbe statement he Made—and let as see how he looks at tbe case—1 observe , after elaborately referring to the law of treason , and adver ting slightly to the bearing © f the law upoo Borne of the facts , proceeds , and this is the first indication or purpose we find in his oponiiig speech : —my learned friend said , " It appears that there nag been an armed insurrection of a public nature in this realm , for the purpose of sayerseding

      aud destroying the law and the authority of the Crown . ' Now , gentlemen , 1 certainly looked for something more explicit thaa Ihis in rcfereu «» to the charge against the prisoner . 1 Know of no statute , ge » t Jemen , in which it is made high treason to- sttpersede or destroy the authority of the Crown . Why you supersede the authority of the Crown by lsjfiog hands » pon a constable and obstructing" him it ? fihe perfonsanse of hia duty ; and if you subvert « be authority » f the Crown , which you may do by many acts of themselves innocent , you supersede theaiUhority of the Crown . 1 notice this , gentlemen , as-it is the declaratieQ of the Attorncy-Gcoeral , but BtUl it leaves the case exactly as it was before , and for ihe purpose of sayi&g that my learned friend needed not to

      nave resonea w > a aeoiaration so vague , so unsatisfactory , aud undefined . Farther on is ate speech ; my learned friend alludes to the intent of the prisoner—and , gentlemen , 1 entreat your attrition to this definition of the Attorney-General , affecting , as it does , the life of the prisoner at the bar , and hope not only that 1 shall satisfy you , but that their Lordships , when the time comes when they will address you , will also inform yon that the Crown has no rij f ht to prove the commission of a number of illegal acts , and then to leave the counsel for the prisoner to show that the purpose , the object , and tbe intent with which ther were committed is short » f treason . Gentlemen , the Crown has no right to leave the case in that position . The law is not that the *

      mayjH-ore the levying of war , the collecting of a number of armed persons , nay the assembling an overpowering army , and then say to the counsel for the prisoner , It is for you to show that these acts do not amount to treason . " No : they are bound by the indictment—they are bound by the law—they are bound by moral duty , in a case where a human life , where many lives are at stake—they are bound , 1 repeat , to state explicitly , plainly , and without leaving over them the shadow of a doubt , the purpose and the object Tvhioh the prisoner had in view when he committed the illegal acts charged against him . I pretest , therefore , against the right of the Attorney , or the Solicitor-General—more especially the last—1 protest against hia right to bring forward

      proof of the commission of five , six , seven , or eight illegal acts , and to say to the counsel for the prisoner " It is for you to show that the purpose with which these acts were committed falls short of treason . " No , gentlemen j it is he who must show the purpose , the object and tbe intent clearly , palpably , and distinctly , which the prisoner had in view ; and he muBt prove to you , as clearly and as indubitably that it thus amounts to treason ; and 1 shall tell you what the Attorney-General has Baid in reference to this . After observing that the meetings and consultations had taken place , he says , " There was particularly a meeting held at a place called Blackwood , on the Friday before the 3 rd of Nov . ; various deputies attended that meeting . There was there a return made of the atmed force which

      could be mustered , and it would appear that there the plan , or scheme , was laid down which was afterwards to be carried into effect . " This , Gentlemen , was the statement of my learned friend , and 1 appeal to you if it has been supported with one particle of proof . It is proved , certainly , that the prisoners Mr . Frost , William Jones , and Zephaniah Williams had met at the public-honse on the Friday before the 3 rd of November—that there were several other persons there . But has it been provod with what purpose they met ? Has it been proved that any resolutions were passed by them t Has it been shewn-that any deputies were there , or whether a return of the numbers of the armed force which could be muBtered was made 1 In reference to these

      points , Gentlemen , 1 ask you if there has been a single iota of proof ! Wh y , the only evidence at aa uixm thp matter h that of the 4 aailord of tbe bonse . who states that a number of persons assembled there , but that he neither knew them , nor wh » t had taken place amongst them . But now , a ^ ain , with regard to the purpose of tbe prisoner , the Attorney-General stateB . This , Gentlemen , is the object which the Attorney General states the prisoner had in view and which he calls npon you to consign the accused to death . This is his ease , and if in this he fails , you are bound to pronounce a verdict of acquittal ; but if he succeeds in proving it , the law is—as 1 must acknowledge it to l > e—the prisoner must suffer the death which it decrees . With regard to this—the object of the prisoner—the Attorney-General eaid , " Arriving at Newport they were to attack the troops

      who were there—to take possession of tlio town—to break down the bridge which is there ao . oss ihe Usk —to stop her Majesty ' s mail , and then by a signal —rockets which were to be thrown up—the success of the scheme was to be announced . The mail not arriving in Birmingham in au hour and a half after its usual time , those who were in concert with them in that town were to know by that circumstance that the plan had succeeded , and that there was to be a rising there and generally in the north of England , and the Charter was to be proclaimed as the l » w of the land . " That , gentlemen , is the treasonablejrarpose with which the prisoner is accused . Tha Charter was to be proclaimed the law of ' the land , and 1 hope 1 shall not nreiudice the case of the rrisoner bv

      what 1 am now about to sav . 1 admit that if Mr . Frost intended to attack the troops , to stop her Majesty ' s mail , to seize npon the post-office , to make asijmal of the success of his plans to his confederates in Birmingham and elsewhere , on which they were to rise in rebellion , in order to proclaim the Charter the law of the land—1 admit that if these were tbe intentions of Mr . Frost , then has he committed the treason with which he has been charged , and that he must go to an untimely grave for that offence ; bnt . gentlemen , as 1 said when 1 began 1 will go through it step by step , sentence by sentence , and word byword ; and 1 will show that the evidence prorei positively , eonrincingly , and beyond a shadow of a doubt , that it was impossible he could hare entertained snch a design , and that the Attorney-General might as soon take a knife and atab the prisoner to the heart as ask you to believe from the evidence that this wasctleiintent of the prisoner , and

      upon that belieCto . * m » ibt him . Then as to the rest —the aets by T * Jiicb ; this object of the prisoner was to be carried out—although tome of the evidence proves these to be incredible—impossible , yet 1 shall address % few words to you now in reference to this , as 1 donot'wish at another stage of my observations to perplex myself , or to hara s * yiour attention . You will remember that , according to the statement of the Attorney-General , the prisoner was to bare seised Newport , by attacking the military there ; to seise the post-office , to blow up the bridge , in order to stop the mails , and thus to make a signal to hie confederates in Birmingham to rise—nay , to congregate in open rebellion ; but all these acts were conducive to an ulterior end . Tbey did not want to destroy the mail coaches—of what utility would this bet They could derive no advantage from the mere destruction of the bridge , or by the seizure of a tew letters , or by the people of Birmingham occupying the highway . These matters could have been of no benefit to tbe Chartists , and ihe acts alleged , therefore , all come down to this—that the Charter shall at

      once be the law of the land . That , gentlemen , is the only statement of the Attorney-General ae to the . ulterior treasonable object with which , their other acts were to be committed ; aud if , gentlemen , \ show to yoa aud to their lordships , that this end , this object hae no existence but in the statement of the Attorney-General—on this ground alone 1 shall be entitled to ask that my client shall be acquitted ; and , gentlemen , we bare been now here for a week , occupied with this trial—the evidence took up more than three days , and 1 ask you , have we been afforded a particle , a tittle of testimony * er a single declaration in it to show what this Charter was , o » what that law was which was to bo proclaimed throughout the land .. Gentlemen , there has noi been any e-ridenee whatever to show the . Certainly my friend , Sir F . Pollock , conscious of the innocence ef his client , and believing that h © oottld not be

      injured % j what he stated , blundered » little , 1 may be allowed to say—^ for there was nwhing whatever in our briefs te lead to it—in his address to you , and told yoa something of the ftrst four or fife articles of the Charter , and that ga * e us the first insight into what the Charter was . But , gentlemen , before the Crown- ean call upon you to send fifteen fellow-creatures—fifteen human beings—to an untimely tomb , must they not show to you—not by statements , speculative or imaginary or presumptive , but upon evidence , elear , palpable , nncontradicted , and upon oath—what the nature of the alteration in the law of tbe land was which that Charter would effect , aud also that this \ r&s the object of . those who are alleged to-contemplate the alteration ; and , gentlemen , hiring attended to the . evidence pwdaced during thethree days , I . do believe that not a single point vrafc elicited , in reference to the position Which the opejung of the Attorney-

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      General rcn dered so essential to be proved—not the remotest poih t was proved & 3 to the proclamation of the Charter a * ' the law of the land—nay , gentlemen , ( and if 1 ant-ft / ropg 1 hope 1 may be corrected ) 1 do not believe fclk' * the word"Charter" was once introduced or m . entiOx ' Ved '; and yet men are to be tried and sent to a blood > grave for conspiracy to make the Charter the law of tnt land , whilst , Tby the thirty-nine witnesses who were « . tamined , put of the seventy who should have been called , not on « word concerning the Charter war . mentioned , and yet this is an accusation of a conspiracy to establish it . This ia not the way in which . the predecessors of my learned friends dealt with metf ¦ ¦ 'who were placed on trial for their lives . In the ci ^ se of Lord George a - ; -- - ,. _ : i -. ;¦ _« x _ ^ . » ...

      Gordon , he was distinctly cfajK ^ f t d by the law-officer of that day with the design by foi'ce to compass an alteration in the law ; and Were the jury left iu doubt as to what that alteration w . ^ st No . The case was opened by the Attorney- € feut ral ° f the day , and it was proved that an illegal * see * ' S had been assembled to compel the repeal « ff &r George Saville ' s Act in favour of the Roman C * K Mies , and thus the counsel for the prisoner—tlfec t'lustrious Erkshine , knew what he had to deal w . ' th—the charge of levying war , with intent to ewa P ^ the repeal of Sawlfcrtj Act . He knew that t& »\ w *? a palpable and a tangible object to grapple wJth . Again , in the cases of Watson , Home Toofcev and Hartfy , the charges were plain and substa » tt » ^>

      Ihey were charged one after the other with : tk 1 intent to subvert the law of the country , to set asfaie the Parilrament . and t » establish a Convention in its place . Here there wa » something to meet , something to grapple with , and the samo was the mods ofproeee « H » ff in the caees of Watson and Thistlewood . WSereas in this ease the only object stated by the AttoSaey-General is his opening speech to be that of ther prisoner , was the establishing of the Charter as asflhe law of the land , whereas tnere has not been the slightest proof ot any attempt or design of this kicd , or « ven of a doelaration to that effect from one of tne 10 , 000 persens who are Baid to have assembled , in order that this Charter law s&mld be procl * iaied . Well , then , if 1 have

      twra got rid of th $ " object" of the prisoner , 1 bare now onfy to deal with the Means , and ) trust 1 sbfcr ] be ablo io sbow—although as to the niAang there has not been tr » same failure as regard * the evidence adduced to ptwe them , yetth&t there' is a failure m substantiating , any of the purposes said to beentertained with ayiewto accompiuHtbe ultimate objoct of the prisoner—V say 1 shall ho * -go toshow that it waa impossible those purposes could have been entertained , and 1 sSall first come- to the importaMt qaestiori of the Attsefe upon the soMiers . If the prisoner bad the > * intention of overturning the government , and of dethroning our YQutifau aud beloved Sovereign , there fan be- no doubt frit that one of the first means that would be adopted for

      attaining such lawless objects , would be the disarming of some of her Majesty ' s troops . According to my learned friend ' s opening of the case , theyj « er « to > attack the troops . Tho first observation 1 have to make upon this part of the case is this , that it is exceectingly remarkable that in that which is laid as an evert act in the- indictment , thafr those persona intended to attack the troops , that the case rests upon' tbe evidence oFaome witness as t& some statement supposed to have been made by S&r . Frost , or by some one else , as t * attacking the treope ; and yet it is exceedingly remarkable , that having , as it is said , this hostile intention , that they should have passed by the poor-house , in which the troops were assembled ; and yet that H never entered " ' into the contemplation of Mr . Frent , nor of any one else to

      attack—no , nor to marob there , nor to keep watch upon themr nor to see whether they were likely to come down and mingle in the affray . Is it not ^ tben , wonderful that , when you have , a 9 you have kere , to try men for their lives upon a charge , thfrvery essence of which is , that they intended to do » oertain thing , and yet , when you com © to look at » th « things wcich they actually hare done , you ao > aot find that that particular thing with which they are charged was even attempted . Upon looking at the map , you will see the poor-houBe where the soldiesa were , excepting the few that had gone down to the WeBtgate . There , then , you see these men passing by that which was said to be their object—you soe tnem passing it by and taking ao notice of it .

      The Chief Justice remarked that the poor-house was about one hundred yards iron where the mob wore . Mr . KeUy- ^ And yet disarming the military was eaid to be one of their first objects , and at the very first opportunity they pass by that object . The Jurors here retired tor a short time : upon their return , <¦ Mr . Kelly continued by Baying , 1 was about to direct your attention to the question as it stands upon the evidence ; whether the prisoner at the bar , in concer t with others , had meditated an attack npon the military , ( tie a very important question ia this case , although it would not be decisire against the prisoner , if proved : beoause he might have

      intended to attack tho military—he might afterwards have ^ attacked them , and destroyed every man in the whole company , or iu the whole regiment , still the question would liave remained between us , did he do all that for the treasonable purpose stated iu this indictment ! If , therefore , the fact were proved , as 1 think 1 shall show you , it is distinctly disproved that they either meditated an attack upon the soldiery , or knowingly made an attack on them , still yoa would have to consider what was the object and the ultimate purpose and object of the attack 1 do deny , upon tho evidencey that there » any proof that either the prisoner at the bar , or anyone of that numerous multitude that came down upon Newport upon the 4 th of Norember , for on © moment of

      time ever bad the serious intention of making an attack upon the soldiers . 1 deny it totally , wholly , and confidently on the evidence . My learned friend says , that one of the objects of the prisoner was to attack the military , and 1 will show you by and by ho * it is that his witnesses sustain the charge . These men come down tip the number of 5 , 000 or 10 , 000 ,. their firat purpose being , as it is said , to attack the military . Observ ^ , that Mr . Frost is au inhabitant of Newport , and knew the place where the military were stationed ; and yet having such an intent upon his mind , he passes within one hundred yards of the place , aud pays no attention to it ! He and the multitude march away from it—the whole of them intending to attack the military ! Why did he

      and they do this { J ) o you believe the part of the evidence upon which thia rests t Why , even if it were true that oue of the boys told Mr . Frost that a portion of the soldiers were gone to the Westgate , waa not that an additional inducment to him to attack them at a moment when their forces were divided % You will be told by the Solicitor-General that you are to judge of the intentions of the prisoner from his acts . If you are to do bo , then we are to infer from this large body passing , within one bundrod yards of the military , and yet not attackiag them , that they , intended to attack them ! Recollect , that if the contradictory evidence given upon thiB point is sufficient to raise a doubt in your minds , you are compelled to acquit the prisoner . If it is true , that in all ingurrectionB . in all rebellions .

      inall ^ erolutiouBjoneofthepretactadoneorcoiBpassed by those who take such things into their meditation , is , first to seize upon the military , in the neighbourhood of the spot , in which the revolution or rebellion is to break , out—it ia natural , then , that the first thing to be done would be to call witnesses who would attempt to prove this . But , in the outset , 1 ask you , can it be true ! If the whole of the ten thousand persons intended to attack the military , why . did thoy paea . the poorhouso , in which were the military with dimiBhed forces ! Now , who- ia the fiiat witness who spoke of attacking the military t—It is Harford ; and he makes Fieost declare , that the first thing he intended to do was to go to the new poorhouse , and there take the soldiers and their

      arms . Thiftwaasajdon 4 b . fr night of the 3 d of November . This ia used as eviAf uce of a guilty intent oa the part of Frost , and you see him pass tne new poorhouse the next day , and sot attack the military . Ini God ' s nanac , if he intended , it , wh y did he not do it 1 : It is also Baid that he declared his mtenbioa to attack tho powder-houses , and yet no powder-houses are attacked . The only evidence that we have upon this point is the Attorney-General . From , the testimony which Harford has given respecting himself , and from his manifest perjury , 1 ask you if you will find a verdict in a civil case upon , jhe evidence of a man like that I You have , next th * evidente ni the man Hodges to show the same intent on tho part of Fcost to attack tha- military ; and while he tells that story , ho introduces the stray of a maa with a glazed hat , sayioft that all the soldiers wese Chartists , aad had iheiir arms ready , and mere onlv

      waiting for the people to come down- You Sad , then , iu this case , that instead of treason being made out by plain aud distinct -acts , it ia attempted to be proved against the prisoner , ¦' •' by a « ombinati&n of minute cireuraetances , which are brought together in order , that , by th * mass , the prisoner may b « overwhelmed . Aud how , let me remind you , that aaiong witnesses , whkh the Crown . ka » thought proper , in the discharge-of its duty , and that the Government has seat forward , a * worthy of being adopted by a Jury of Englishmca , there are those to be found—those who have either sworn falsely now , or wb <« have sworn falsely » n a former occasion . You have had before you one of them admitting that he swore falsely ; and yet that man is ouo

      of tho witnesses , upon whom tie Attorney-General , their representative , relies for a verdict , and relying , too , upon whoa— -he calls upou you to take the lire of i fellow- creature . I tltink ayiearned friends would better hare . consulted their own character , and that of the Government they represent , if they had abstained from calling upon such witnesses . What * is their case so weak , so feeble , and w meagre , tkat tlioy must rest it upou the testimony of an avowedly prejudiced witness ! Is their case to stand or to fall 1 Is it to turn upon a witness that is a shame to the Government that could hate pro * duced him , and yet hoped , by his means , to endanger the life of any Englishman upoa rach a chargd as this 1 But 1 leave to my learned friend to deal with his own witness , and his own witness ' s tostireony , as best becomes bis own honour aad tlutaetert 1

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      tell it to you fearlefsly , and careless what remark my . observation may call forth , that it is . not to the hononr , and it cannot be to the eredit of the Government , that they should , on such an occasion , hare brought forward such a witness as Hodges ; and jet , admitting that the charge of treason would not be complete without him . They knew beforehand all that this , man ( Hodges ) had sworn—they knew how contradictory was that swearing , and tliea they brought forward th © witness before you , obliged to admit that he is a perjurer . Let my honourable friend answer that as he thinks proper . The man admitted that he awor © falsely on a former day . Supposing , then , that the prisoner had been tried for his life on the evidence ... .. .

      that the witness gave not to-day , but formerly ; supposing , that there had been a conviction , and that the . prisoner had thus been sent to his bloody grave , b y you—suppose that this wretch afterwards admitted that he had deluded you by his perjnrios , what must not be the agonies and the remorse you would have endured ! And yet this is one of their choice witnesses ! He is oue of the 70 on the back of the bill—he is in the list of 230 delivered to ushe is amongst the 39 examined—yes , the mouster is one of those selected by them to hang the unfortunate man atthebar . But 1 cannot trust my self with observations farther on this part of the case . I now come to the attack on the military at the Westgate . It is plain that once the military were uumasitea mat tne

      , anu moD were here ; that they were in the We . tgate ; that not a shot was fired at them . The Mayor and Sergeant Daly were wounded ^ hen th e shutters wereflSlken down ; th ey were the a . ly persous wounded . teWon © of the military rec £ ved any injury ; once tally fired on the mob : the HHofc fled ; once they saw the military " arraved agaiv « t them ; and tnis is in accordance with the evitf ©* , ce of Sergeant Daly and of all the witnesses . What did the Attorney-General say in opening hia * caaevipontWa point ! He said tho soldiers were thcifc ordered to fix * . " At this time the insurgents had feaiBOct the vanous advances to the house ; they wer « in the psgeage leading to the room in which the military mre assembled ; and if the order to

      fire ha& not then been given , there is , no reason to doirfct the roilitary would hare all been maB * aered . The order , however , was speedily and -f / Roctfftlj discharged . Tbe insurgents in the passage we « fired on , and scwnl of them fell , and were kv lledl- The shutters keiag also removed from the winl ' owr ,- the men directed t&eir pieces through it , and thus ha \ i command , of that space in which the insurgenti- w ©» drawn up : They accordingly fired into the street , and several of tne insurgents w « re wounded and fell , and the others were ftpeedily dispersed . " \ Does my learned friend attempt to ear that the mob ^ turned the fire , or that the mob o&redthe sli ^ httst remstance to the soldiers after they were unmasked ! : No , he Bays "Mr , frost

      ha , « sot been seen after tho firing first ttegon , and the * fled ia every 4 trcction . " This was the whole casff ' defore him , ana not till Lieutenant Gray was examined that any witness even suggested that the mob might { hare fired ' on > the military ia return , and be without any ttuovfledge of the fast , , but merely-Beeauso he soexaef not to have thought impossible that va armed body . of Englshmon would hare received ! the fire of troops- without returning it . Now tbefly gentlemen , lot us consider ou what evidence rests the statement that Mr . Frost was aware that there were soldiers at the Westgate at all , chiefly upou > tbe testimony o ^ fche two bo ys , a couple of idle 'ladgy . ujoh whose evidun . ee and who se intefligeoee ; ere » if they meant to- Bpeak to the best of

      their ' recollecfcicm to the truth ^ so reliance is to beplaced . For £ will show yonj by referrinff to the uncontradietsdi evidence , that re wat impossible ilr . FroBioould be < a / ware there were- soldiers in the town at all .- He knew there were soldiers in the barrcks , but he could not kuow there were soldiers in the town , since the- soldiers were nottaarched down to the Weetgate until the very > period vrien ho is representsd aa makiegthe inquiry if there were soldiers here , and the boy giving him the inforaaC * OB > whiofr 1 will shovr yon it was impossible- that be- oonld hare giveujj - 1- shall not dwell upon this part of the evidence , because it was thedaty of rh » crown to bring it hon » cleariy against tbe prisoner and it is suffiaent fiw me to

      show you that the evidence ia such as to raise a reasonable doubt in your mind to entiiJo-ine'to call oa you to gite me tSe benefit of the doubt . Frost could not know therenreregoldiers iu tie 1 -Westgate . so as to induce- him to > meditate an attacfcoitthein ' tor the reasoa 1 have given ; uor could th& boy Coles , who says he gave him tho information , have known it either ; for it * was between a quarter tfr nine- that tbe soldiera marched to- the Westgate , wiere ihey were masked , so that matry of the special oon-Btables even did > not kn » w they were there ^ -juick , if you examine the evidence ,. ** was about tbe same pesod , m near aa possibVe , that Coles tells Frost there was a doxen soldiers , instead © fthirtyy the rtal number ; so that he could , not tare seen tium * iw

      couia ne eren hare- oaeu told by aiiy one in t&e town , for he did not come ft « a the town , bat from PillgWintly , whither he want ) to breakfast , bot returned without his * breakfast ^* consequence , donb * - less , of meeting the mob adraacmg ; audthe-oibCT boy , Bees , ia flatly contradicted by a most respect able witness ou one point ( which , without attributing perjury to those boy « theonly witnesseyout of the forty examined by . the erown , show bow little reliance is to be placed on information thu » picked ' np ) , namely , that of th « mob dividing and Soing ^ one par t up Contmeroiai-street , and one up 16 bridge . Ab for any . intention to attack the military , it ia clearly negatived by the eircamstances that they directed no attack

      on tboonly post where they knew them to be ; and the only inference that can . be raised is , that they went to the Westgate for the purpose of obtaining their prisoners , their object in apearhig m sucBi force in Newport Being to make a display of their numbers , and endeavour to show how large and powerful a party took a deep interest in the liberation of Vincent from prison . The learned counsel hers ,, in a most eloquent manner ( and we regret thenacessity , in consequeno of the protraction of the proceedings and the distance from London , of abridg * . ing his speech ) , proceeded to-remark upon the exceeding improbability that Mr . Frost , whose wifff and five helpless female children were living in New *

      port , wjip would be tne nrst to sufier , to whom hr never sent any warning to absent themselves , who . had deprecated , aud when in his power , as had been proved in evidence , prevented not only bloodshedthat he now oontemplated , * tth the infliction of per * sonal violence or even personal detention , on htemost determined political opponents ; the learned eounsel then : dwelt en the msufficieney of the ev i * donee aB to all points of treasonable intention whici rested only on declarations alleged to have bee » made , and by wituessee themselves giving evidence against the prisoner through fear of > elng inrolrei in the same barge themselres , contradicting themselves and each other most materially iu the moat important facts of their evidence , and the complete

      negative which every act of the prisoner and bis companions gave to the intentions imputed to them . For instead of attacking the military , they passed them by at tho only place—the workhouse—where they knew the military to be stationed . Instead of blowing up the bridge , if such bad been their objects they never attempted it , though possessed of powder , arms , and in numbers to Have defied aay attack . Instead of stopping the post , wbieh sis men could hare done ,, for the post-ofllde wai only kept by a woman , they never went near , and as for stopping , the mail from

      Newport to Birmraghatn , and ( be fact was there wa » no Buchmail—the mail only went to Bristol , aud no stoppage of the mail at Newport could delay the Bristol mail to Birmingham , which , moreover , did not arrive there" till ;| tist two o ' clock in the morning , aor was there the slightest evidence given , or attemnje < i to be given , that any persons were at BirmingaW ten to inquire-if the Newport lettess were brought by that mail j and as for proclaiming the Charterto be the law of the laud , where was-to be the graad treasonable resnlt of over turning the law and overthrowing the Constitution!—not one single witness had said a word npon that point . The evidence

      of these declarations rested on the eride&oe of the witnesses Harford and , Hodges . On » the witkesa Harford , and the credibility % o bo attached to-him , he had alreadf- obserred , and would not repoat bis © bserr > tioB » , 8 are ooevwhich applied also to HaAgea , namelr—that he volufiteered t £ ii in order to- tt&te Jiimself from sharing the ' portion , of Frost ;; a ^ ad as to Hodges , he swore , distinctly ti » t he was ^ iL Pyeeorner at day « hfreak—that he heavd Mr . Fraet make this statement ; . whereas he ( Mxw Frost ) w : « distinctly prflvsd . byoAarwitnesses , andwitnfeiHoa for the Crown ,, to have been in aaother plw * at that time , and U \ &r wtnae * himself , who Bays * b / e Went home to bed , twelw- miles ofit . befor * ton o ' clock , when he was- seeas by « ther witnesaea within t « o

      miles of fye-eorueB , some tw « hours otr tv /^ o hours and a Bal « afterwa ? t ^ ., Watiins , a witaetf s for ihe Crown , e » idhe saw Hodges at the Wolafe C » ak , onlytMio mUes . from Pye-corner , at half-paa 6 « T » ht ¦ haliv past sixbeing the time of daybreak , wnwthe » = < aid lie saw Froet a ^ Pje-corner , * nd after - wb ^ sh h » hurried home on f * 6 t to Blaefcwood , e < k a / to . be in bed ahwtlj . after nine o , 'block ; t * w ^ ygh , at hal * - past eijght ^ tj » e witnesa « alled to sat * poK his testimony , BWftae that He met bim at the Welsh Oak , ten miles distant &efa B )* ckwood ; and Broff » b < 1 Watkirs proro Ttf ' gt to have been at the- Wefeh Oak at the tim % Hedges swears he waa at Pye- € « ruer ; aad Ant 6 « 8 ' also proved tbat

      he sa % fciaa in Tredega-parav r \ t a time Utterly lticoBsisteat with the date aw i ^ ed by Hodges Tbu 6 , bytbe 'witnessoflforthfe « 7 r 6 ' wn themBelresthe story of tlio only two / witB # » ea * ho Bi > 6 ke to thiB ^ lara ^ of Frost was bat erly destroyed . Thus ha isonaidered ha had destw red the last shred and remnant of the ease for % » Crbvrm It might bo expeot « dho Bfiould say w mething of tho object of Mr . 5 > ro 8 t and th » multot ade coming down t ^ Newport , but though he had protested , when pleading for life , againstbwngiequ ? > rodtodo any such thine , he . thought it admitted ' < # ^ moBt obvious solution ; itheesidenea * b ^ » uad bw giv ^ theni mart «» -. ¦' ¦¦ ' ¦ - ' •¦ - -- ¦ ¦ ¦ - .. -y . / ..: . : ¦> .,. T > ' „ .: .: ; . - ^ - ; , . ; : / .,-

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      . . m , ^ intentions he im-Tince them that these men , W ^ i . < 5 n would alone plored them to eonstrue by > *** . *" L ^ no other oboxpound theiD , namely , these ± ct 8 thSr nu mbers , of £ » ^ ew than that of eh ^ wing * £ fiVWk if proving how much mischief they , ^ ourinif , by f t " ^ keToualy in clined , and thus ende * . ^ Sfi Trtiratea peaceable demonstration , to cause the l ^ e ttB for the liberation of Vincent , and the ameliorai * ba * wK l ^ f - Xt ^ teen proved by Saers . ^ when his house and the barn were full of people o the morning m question , he was told that rtm wer . going forward to liberate Vincent and the three pri-% ™*>!* ° ™ £ * ° }' ltth * was their deSi « a , andif rui t 0 as 8 i 4 theT ^ - -11— _ . »•__ . . . _

      UM *^ ^ ? P ^ massacred a whole body of her Majesty ' e troops-if they produced confusion , anarchv , and bloodshedthen , althougQ that would a hL'h misdemeanour , and although the very attempt would it J ^ a J \ F ^ JK and « rieroMly punished , it wouldnot be high treason , for that must be for Borne general object-the subversion of tne government , or to compel either house of Parliament to alter its measures . But even that design was negatived by some of the witnesses called on the part of the Crown ; for it was stated by him thar , when Zephaniah Williams , was asked whether that was the object of the march he said , "Oh , no ; we are notgoihg to endanger life or property by an attempt

      10 noerate Vincent ; we are omy going to take a tufa as far as Newport : " and this at a time when , if there were to be this mighty rebellion , honeed have no fear of disclosing what his ultim 4 te projects were . What was proTed agaicat Mr . Frost was quite consistent with this peaceable design , because he wag found , in addressing the mob , not to say , " Fire upon the inn—fire upon the people—blow up tho bridge-attack the military-confront and assail the soldiers ; " but when he came to tho Westgate he saidy"turn round and show your appearance in front . " What did this show but that they were deairouB to show thro extent of the sympathy felt for Vincent and the others ! He appealed to the jury as men , as Englishmen , as fathere of families , as

      husbands , as brothers , to show themselves like their predecessore , the external eafe-guara " and protection of the liberties of their country , by tatting a mild C 0 DMruction upon the acts and the words of the partie * accused , and considering that the' demonstration of forte was made only in order to back the application on behalf of their frienda . Had tho minister * who not ? sent his learned friend here to work against the lives of these men indicted any . of the 100 , 000 men who prepared to march from Birmingham , or those who aseembled at White Conduit House . Noy tbey felt in times of excitement that agitation will prerail , and thai the best way of checking it was by lenity and mercy . If mes'had committed a breach of the law , if they had sacrificed huiua * life , let then * receive the punishment thfcjr deserved r but let then *

      not bo made traitors of against their wiJL Oa the contrary , let their loyalty b » fostered and cherished as longas it existed In their Mearts . The learned gentleman here proceeded to pointfont some Inconsistencies andcontradictions in the evidence of several ot the witnesses for the prosecution , and remarked * upon the keeping back of Henry Williams ! ' whose evidence , . when he was produced forth * defence , -wen ? so far to * destroy the charge of treasett altogether by making it appear that the demand ma < 5 » by the mob at the Westgate ww only for the surrender of the prisoner }; After sorse fitrther observations th * learned gentlen »* n continned—I hare no more to say , gentlemen ; the prisoner at ttie bar stands , 1 hope , not is danger of a dreadful and bloody death , for I belierr ihe' Jaw % oul < i' deny

      TnmngmTi . It is not necessary for him to" . appaal to ytourmercTr but to appeal to four justice . ' I fcnow that fltoajw hare contidered th « -whole case , if you find the * rbo 2 e of the evidence to- prove a treasoaablo intent afcterly and totaJly unsuppcrted % law , he may d « mand Tour acquittal ? but I go farther , and say that tiie event *) -of tMs case b » ve taught me tv lesson which I shall never forget , but which , if I "were a juryman , I vrwiM trettsure- as my heart's blcjd , that a witness , without intending to deceive , may commit a mistake upon' which' tite jury may acS { - and where s > > fellfew-creature Ins beea sacrificed when it is too ; late to repair the error , it may' bo

      discoveredwhat , gentlemeni would bo your reflections if , after harSag consigned tbe prisoner , not to tae grave , but toft drsadfnl death , with scarcely time far repentence for his sins , yoa should meet the wife and * ' children , then made-widow an * orphans , and discover that you had forgotten some part' of the evidence—some shadow of a shc ^ e , some frail and fragile doubt * which would affect ihe- intentioBs-of the prisoner , and the character of his act 3—think what would then be yov reflections ? Ctentle-nen , I htw » speat the time and the strength that I possess— £ have- only to thank you for tha kindneas- and attention I hare experienced , and may God Ahaighty goide- 70 a to » just uat Gtriatian -verdict !" . ' : :

      Chief J « stice Tiadal>—John Front , now ]* Ibe tim * if y <» u wtth to add anything to what theE * gentlemen have saitl ^ on your behalf . Too caanot lie permitted to toy a nytHhig after ¦ tie- * SolkitorGkicral hs » addressed theOourt ,- ; Ihe prfaMwr , who- ynm now soiaewba * -rfuBtwl , said—My Lbrd , I at * so- yrtill satisfied witH what dit connel hsvoMid , tba * I d « line saying anything is addition . It wasnowpaaVfouro'dooicand th * Attonwj !> aeneral said ft would be a greak eonvtBsienee if their Lordships could state Wrwlate therrwo * llkelj * to sit this eveneTeniag-, as the Solieitor » e « nwal woi « a > ot t * uMe to compwefl hi ^* eervatiOH » witlin the- ttsoal limits of adjournmenfc '' The Chief Jastiee sa »*« eMdd not well answer tha qnestkm . G *« rt lnconTenieaoe-voald e ^ iue if ifc ehould be late to-isoarow- befcre > h « was &Me to begia bia summing op . -

      ¦ The SolicdSor-G ^ neralb / ererwoand 8 aid , GtfBtleinenif tho duty which y » a . hme to discharge , ther duty which titolearnedi ^ dgen-ftaT © tf p # rfcrm , and that which fclfeto me cannot D » ofhtrwise than a Tery p ainful on © . It is one which—1 # consoit tha public safety ,, fcado ju * tioe to t !» country , to-yonraelves , and to < the priaonen—reo ^ tires not that yoa should bo ' drink to tke - discharge of 4 hat dsty by appeals calcc&ted to shake jenr ondentanding by a 4 dr egse ^ whk ^ insteaiv of beiiif directed to the aotind part * of y our mind )« ,- « oa » . to enable jrm to perform yonr < &ty with aadsfactioa to yourselven , in fairness to tho-wonntry , and joetioe tf > the prisoner , are addressed ia' « uch a Eaannep " a * to harasa-yoar feelings , distraot and embarrag * yoa , and to deprive

      you 01 your understanding . What w tba task which 19 thus thrown . apon moi ; Vacou here not aa tba enemy of tha ^ caan , or witii kx , angry or unkind feeling toward * him . God foriAitittat I should hurt a hair of hu 2 ieiad beyoad what the ! , law * requires bat I have a aenooa and iniportant dity to p «» r ( onn , which I would performaaaloual f aad lorbeamigly , bat from wbiA -I dare not shrhuB . Kyowe a daty to the country—lAvea dotor * to ' my Tori *—1 owe a . drity to you , gentlemen *—and bwe » duty to- tha prisoner at ta » bar . What the leajried genUeman nanju » taddr 8 * aed toyou-. bas not onlj made tbat dnty most distrewing , but alnuwt incapacitated me > frotapeTforcaog . it . Why . shonld I be driven to appeals whiA ought sever- ta . 'be-made , whiek are

      ineonustenk with justice , . aadi irwconcilabl * with poblic » afetf >?; Why ^ akonldi yo'o be asked ? what would b « your feelicgs . if ; yo » . wwre to nzaet tho widows or orpnana - « the- : meu auvdered oa tho 4 tk of November ? . Are thei * no-wi ^ owg or orphans bnt thewe whom th » leareed : gemtfemen taw presented to yolof- notic *? ' Naj ^ Vgesptlemen , will not you vourse 4 » ea leave- « idow »» and ovp ^ &ns if "oa nave not th « m « 4 m « 8 s tcsperfo-myoiirthity in tbagreat hour ofperil ? ! A * rev is * deliglUfttl attribate , bat God forbid we shonld ifasgfet jpifcrc # , for , if men abandon jM < ace , m * rcymutsocafl « e . 1 little ex * pected that my leaned friend i lhe-Atfomey-tieneral , and mysaK , should be wpreseated as doing what would W little else thaa puttiag a' knife m that -man ' shaart and sscrificiag his &e with the- 'lives of

      fifteen otbere . Cfentlwaen , it has been attid that thu is a Crown yoaecction . My bid and . valued friend Sir F . Pollock * m > de mme oos ^ rvatiaM which excited my mrprise ; , bnt likaow that it was only a paasing shade and tioheat of expVeasioa . excited by the > ieiMe of thedeep and responsible daty he bad to perform , an&in a « ab » £ q-o « at port of hi »< address , he satisfied mo-of th ^ correctaesa of that wenrewion , for n » admitted that tie Crown had a duty , to per ^ . foimfroin which which it coa&aot be absolved . A great deal ha&boen 1 aaid about this bfiiag aCrowa I ) ro 3 ecution ior high treason ; , bat the nature of such * a prosecution gave the prwoner ie&fold advantage * ovef \ M 6 so he would have- coder any' other form , a * regarded li > t of witnessed the privilexe * of co-unsal ,. and other inattew , which tbe jury ma » t have abserved ; . and the prosecoHca coald never have been { adopted " with avun to cWl with severity to war da the prisoner , but because tie character hi tbe traasac .

      oona -with which they had to d » ai' brought the caae under the dwoription of tbe charge for which , he waa indicted j and besides thk , t&e wtoie of tha proceedinifB , be what it irught wouJi tend aa well to excite tha vigilanceof the deluded asjtbVrar dtbe delude era that tke crimes of which they w « re accused we * nc to the destruction of the constitution , tbe peace , and safety of England , and came within tfao description of charge whico thiiy had no * to try . They had heard much of- the powers of the Crowu id tkese cases ; but he knew of none which it had , which were / not possessed by every private prosecutor , aad it merely represented the pablic peace and public safely ; and the feelings of any faction would be pu 1 down long ere the Crown could be affected . He would not indulge in expressions of "bloody this and bloody tbat , " as the learned gentteman on the yari of theprigoper had done , but ne wotAd g ay that this was a prosecutidnarisiag out of ahio » unection anc ( Continued in our second page . )

      Untitled Article

      ON ANT > AFTER THE TENTH OF JANUAltY , a Letter not exceeding HALF AN OUNCE IN WEIGHT , aay be sent from auypavt of the United Kingdom , to ' any other part , for ONE PENNY , if paid when posted , or for TWO-PBNCB If paidwnen delitered . yaaawy 7 thiIttO »

      Post Offick Regulatioirt.

      POST OFFICK REGULATIOirt .

      Untitled Article

      — THE NQJlTpjBRN iTAR , 5 ^ i ifxi * ~ t ¦ ¦ ¦¦ ¦ ¦

  • Citation
    • Northern Star (1837-1852), Jan. 11, 1840, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2666/page/5/