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/ We kcst got at the kernel of pleasure through ins ^ ry sod hud hnsk of troth . —Hazlii . Nxws i ? bok the ScM .-r-rhe New York Despatch says , « It thawed in the Ban yesterday . " Now tell nssomething about t > . e moon . MtfTABrxnr . ^ -F wij 0 expects & eonrfancy here , looks for that ' which this world connot give . It is ^ Fe ^ Miik 8 Un ^^ theM fc ^ m 0 Oa * ° chlLnge - DnjpEw r * . _ D . Williams once aeked Dr . Abraham raci , how . amidst his avocations . h « fonnd __ Wr mrm _ ' .,,,,.. v ^ JTC ^ at kernel of pleasure throogh
time fat the compilation of so vast a work as his Cftb + u lie ? He repUed By rising early . " Jeeir Rkeve always insisted that his father was Government contractor . "When pressed to Btate in what department , he said , "My father was ai boner in Mil i-street , Cbeapside : aid supplied all ^ ihewMteni / tlit-capsfortheOldBaaey . " . ' > -Godtg ! f ioiSG J Gokb !—An aactkmeer in CS » - emnati has . outstripped the most inventive gcnmte < this side the Atlantic ) in the art of puffins . He nnonnces in the Cincinnati Evening Post , tlatt he has recen' fry worn out two hammers , and is now on the secon d . end of the third . —American , paper .
Bcsik ess-like . —A gentleman in the owntry 1 *^ 7 *• idresseda&tflrf 4 oux to a lady in aoeighoonnnr ; tows , adding this corions postscript : — Please to send a speedy aaswer , as I have- ^ wieiody **•* *• « y eye . —A merioam piper . ko } rE * s So&aow . —Pride may . be calleS in as a ¥ ?* " * i auxiliary to assist a ¦ woman to bewup against * " * aconstancy or the injustice of her lo * er , but few ** ° . withstand his sorrow ; for no weapon in the wat ie armoury of lore is bo dangerous to a female ore » Et
J ks EtEcnos Pen . —At an election dinner , lately , a roter said he had never received * bribe to the ; 67 "tent of a farthing . ** Oh , Smith , h * w can you say ' * jJ' obserred aaotser voter , when I know that * it . W . . sent y # u hare ? " " Aye , that ' s true 1 aough ; bat H was foU of maggots : " •* Well , then , " tras the rejoinder , if it were -not bribery , it was corruption /' A Black Djuoshst . —A -gentleman went to the ¦ - cupboard for a dram . Being in a state of mental -alienation he swallowed the > eeatents of a bottle ~ which contained -oil used for turning light hair . nbiack . He instantly commenced changing ceieur , = and has since feeoeae a perfect negro . The deep _ grief of his beauteous and devoted wife is said to-be - absolutely heart-rending ,
G&KE 5 , tbe aeronaut , still « aintaius the ( practi cability of a balloon trip aci" » 38 the Atlantic , and is only waiting , it is said , until the " wind " can be " " aiaed" high enough te accomplish that nan elloos project . It is not yet stated , however , who will be Green e&oogh to go with him . Eveh cccckbers are transmitted by post—to such -vile uses has the office ia St . Martin Vle-Graad-come io . If this notion « f posting " gardea-stuff" be
generally acted upon , the unhappy clerks will have good grounds for demandag an increase of ** oeien / . " The following declaration is copied from the late book of a parish in this eountv , dated July , 1839 : —WE the Curchwardens and Overseers Do Delacer the Sevral purrltickers Spesfied In Presint Colimons of the above Rate to Be Trew . and Cor-Tect So far as we have Being abel to Asetain them to Witch we have used Our 'Best Indevours . — JBttet Standard .
Wheh Lady Jebset heard of the rumour which ascribed the production of a volume of poems , " to Lord Brougham , she remarked that the change would be highly acceptable , after the excessive ** prosiness " of his lordship . The report , however , his been denied ; the gods nave not made the learned lord poetical , . . ¦
zoology . Through Begent ' s-park I late did pass , And saw AFdadi S—t—r Hiding upon a little ass , And fiirting with a greater . The Ewkrob of the "Celestial Empire" has , by "the latest accounts , confirmed Commissioner Lin ' s hostile doings , in a special " chop" issued by himself . Thisia jastty viewed of great importance , considering the immense interests at steak . It is pretty clear that a broil cannot now be avoided . A Dissbktisg " nursemaid" is advertised for in the Times of Thursday . On the principles of nonconformity , the creed of a nursemaid may be important ; out it is clear that the Church is reckoned , * he real "nursing mother" for the community in general .
ACTOKUI . HOSOTJRS . Macready claims—should Kemble knighted be—An earldom , or , at least , a barony ! Ana Keeley thinks he should—a just reward—For playing fools so well , be made a lord J IT IS 50 LOSGEE . A DaBBY . A > D Joa * LITE IU certain quarters . A certain personage very much prefers taking a quiet ride solus , to let the ladies look at him , and have a look at the ladies , to a bump round the Biding School under command of a Itidisg Mistress . ~ -. .-
-Thb Opium Debate dragged heavily ; at least at iirs * . If the members had not been well " drugged , " they could never have endured the prosiness of the - speakers , who , every man of them , seemed to vie with each other in the length of their orations . -A Pooh Cocbtet Ha-kkeb being detected in the set of shooting a bird , was taken before a Justice . "So , fellow , " cried Mittimus , " you think fit to shoot without a license , do you ! " " Oh , no , your honour , ' cried the offender , " 1 have a license for haxeking ;" so saying , he handed him his . pedlar ' s license , -and the bird shot being proved a hawk , the man was discharged .
He that cas apprehend and consider vice with all her baits and seeming pleasures , and yet abstain , and yet distinguish , and yet prefer that which is truly better , he is the true wayfaring Christian . I « annot praise a fugitive and cloistered virtue unex-« msed , and unbreathed , that never sallies out and sees her adversary , but slinks out of the race where that immortal garland is to be ran for , not without dust and heat . —Milton . E&KEST ASD HIS TWEXTS-05 E THOUSAND A TEAK . Why merely suspend " The " payment" we Bead Year by year to the Hanover Gcelph ? I ' m big witn the notion A far better motion "Would be—* for suspending himself !" Jack Ketch .
Soks of the Muses . —There are ^ five thousand and * wenty-three poets in the United States . Of these , arinety-four are in the State prisons , five hundred and eleven in the lunatic asylums , and two hundred and -cagiity in the debtors' prisons . SEBIOCS SENATOBS . The end of the Corn Law debate Set all the spouters laughing , Hence I can confidently state The members were but cAaJF-iag I tEffiE Kisg op Hakovkr . —The malignant feeliag Jwplayed by King Ernest , on the request of her Majesty , relative to the apartments in St . James ' s i * a ] a « e * being made known to him , arose it is said , from . bistasdnz H as a plain intimation that the iftoeen -had rather have ** his room ( 4 j" than " his company "—which may be taken for a solemn fact .
The- " Big Beggasmax "—CConnelL ia « ne of ha lett « B to the Irish people , makes a powerful appealto " the youth of Ireland" tojoin Jiim in a long aad trong pull for the Repeal . It « . evident rmai theJearned agitator considers that'tie "old P 0 / 8 . ba ^ e had a fair trial , and that nothing km an ?^ ao ?; " mJ oun S hlood ° < " regenerate M odd Ireland . Kiere would be greater reason &r- the convictionj ^ rald he live to « gmt-e through another . generation . ^ *» u »* uer * . k !? Hi 0 T - ' "I " * * lo * d , by accident ¦ brushed against a doctor . The , doctor was -very ¦ Mgry , and -was going to beat irim with . his fist . i « ay don t Jise your precious i-and , good Sir jkick me in welcome . " The bystanders . asked what ine . meant . ¦ Says the woodsman , " If he kicks ae ^ rith his foot ,, I . * hall recover ; but if 1 onoe come ** nnaer his hande , ' it is all over with me . "
A . Small TsikEsa is Bxusioac— The Chairman of the late Towa Missionary meeting , 2 * eweastle ,- ( a i Uwrcbjnan , by lie way ) , stated , as evidence of the Jwceaatv of a . To ^ ei Mi ssion for ito . higher as well ¦** the lower classes , that he asked a . ge&leman , ¦»> me tjme ago , if liejUtended any pia « e of idigiouB ^ rwbip . " Sonwtanw , " he replied- "Andlrhat ^ l * ce do yon attesd ?' -asked the Chaieman . "OhP duuwered the geotiemao , the little fcosinees J doin that way , I general ^ do at St . Andww& ¦ C ^ t ? S £ ajcd Effect—^ An attorney came forward ¦ fte . o ther day , and unblcshingly confes « d inoses Ctwrt , taatLenad dificounted the accMtaneaa of a TMrtf ., \ noWiiBaolveiit , at tie rate of 156 percent . fcqgyjes nakuu the borrower allow hiat for law « jkaj » s . anoident on the transactions . Wk ean x MBffer&at &e borxowax became insolvent I
** fff « B . . ™ ^ feetag communieated to hi K it ** 1 * 4 S Caroline ilaxec ' s monkey had torn bii ? t # ir «» 2 toc « fe appeared todMbt the truth of the « oi ONWKfttum , and to look apo » jt as a Popish olot ii « feated bj O'CoMaU and Se Sevil-S ? jSSSy bei »« Aespmt lacangwe , and its puetended mistrea thelvly u . # xrt # . Tfeia . upoathe&st bltuhat the ^^ S ^ &fLZ **?" 1 ^** $ ¦ » Wiop-hutt » ad down to th » Lords , to cause the «» tiig err of •< 2 mroh ui danar , " a » d was only pttvented 6 y
. Thb Bishop of Rxktct , it is said . aeeet > ted £ > > m a ewnpensaturafcr tHwij whkh lidv ^ i ^ Maxee - a aonkej tore to pteem . The Cm » cost Mvewbere aboot three gamea * . so that tbe Bl ^ u . JBlitmnLj Prdate wMagalaer pj ti » -Ttotaion ' trf
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LIVERPOOL ASSIZES . CROWN COXJRT- ^ Saturday , April 11 . ( BEFORE ME . JUSTICE COLE&TtXJK . ) . The Hon . Henry Sydney Plunh&t ^ Henry Cash , and John Bergen , were indicted for having , on the 11 th March , at Wigan , assaulted one Henry Farnworth , a sheriff ' s officer , whilst acting in the discharge of his duty . Mr . Denhan opeued the pleadings . Mr . Brandt stated the case , which , he said , he lamented be had to lay hefcre them . A public duty had , however , been entrusted to him , and he should discharge it to the best-df his ability . It appeared that a writ had been issved against Mr . Adolphus Frazer , an offioer of tha 96 th loot , at the suit of a person named Stubbs . It was entrusted to the prosecutor Farnwsrtb : tmi he proceeded to Wiiran , 4 nd TTOrnnn T 7 I 7 r , T * c LI VERPOO L ASSIZES .
made inquiry for Mr . Frazer . A female showed him a perse * "whom-ske believed to be hie , and he went up t » feim , and said , " How do you do sir V And , after a little while , not wishing to expose the party whom he supposed him to be , Farnworth informed fascn that -ie had a writ against him . On hearing this , tbe'isdividual addressed , aad who was not Mr , Frazer , > bnt Mr . Edward Sydney Plunkett , commwily called the Hon . Sydney Pkmkett , remarkol , " Oh , it ' s that Lancaster busioess : '' thus misleedinglheveffic « r , and personatiag the individual whom it was the object to apprehend , H « afterwards found that he ^ vas not the man . Mr , Frazer was subsequently-taken , but was rescsed * y the defendao * 3 and oihers . The subse ^ aeat -conduct of the defendant was highly reprehensible , -as the evidence wonld disclose .
Henry * arnworth sworn—I an a sheriffs officer , lireceived awarrint against Mr , Adolphus Fraser , end executed it on the 11 th March . I went to the ' Three ^ Crowns . I saw a geatleman in a shoemaker ' s ' shop whom I understood to be > fe , Frazer . I said , ** How do you do , Mr . Frazer 5 " He said , Very welh" After a snort time I asked him to go to the door , ffihen he came out I told him I had an-execution against him . I tohi kin I did not wish to expose him , and asked him to . go into the Three Crowns , which he did . I &ere showed him the writ . The writ issued at the instance <« f James Shesritt Stubbs , for a debt « f . £ &-3 s . and « ost 8 £ 10 . ls . 5 d . 1 recommended hi « t « -settle it , as ao one knew of it but himself and me . He said he would not , to
and should be obliged te ^ o Lancaster . I sent for two friends , Swarbrickand Lamb . Mr . Plunkett la-y tdown on the table . He answered me several times ' when I addressed him as Mr . Frazer . He attempted to escape . He became turbulent . I heajtd 1 had got the wrong man , and went-to the door to ascertain from some oue if it was so . William Strickland came , and he < defendant ) hid his face with his handkerchief . He was addressed by ihe defendant Cash as Fraxer . The landlady wished to light the gas , bat Plunkett laid hold of the suspender , and prevented her . Mr . Burgoyne came and called him a monkey for striking his wife . Cash was then in the room . He said he could not allow such . names to be applied to his friends , and
lilted up his stick to strike Mr . Burgoyne , but a policeman prevented him . Mr . Plunkett then sent Cash to the barracks fer his top coat . When it was near six o ' clock , I told Mr . Plunkett to prepare for the train , and he said , " Y ou ' ve £ ot the wrong man . " I said " I am sorry for that , " and I th ? n sent for Strickland . I saw Mr . Frazer at 20 minutesto 7 ; he was coming down Standish-Etreet , and was nearly opposite the Three Crowns . I took mm into custody , and into the same room where Plunkett and Cash were . I told Mr . Plunkett I had detained him for a lonj time . I said I am sorry for having detained jou so long , but it ' s your own fault , for you ' ve deceived me .. ali the afternoon . Mr . Pluntett eaid I should be made to pay for it ; he would have a new
waistcoat . Mr . Plunkett took of his top-coat and gave it to Mr . Frazer , and said he'd send for Mr . Frazer ' s top-coat . 1 wished Mr . Frazer to settle it then . Mr . Bennett and Mr . Prendergast , Mr . Lamb , Mr . Swarbrick , and two police officers , were present . Mr . PrendergaBt went to a corner of the room and beckoned to Mr . Frazer . They were shortly afterwards joined by Mr . Bennett and Mr . Cash . A message then came to the door , to the effect that Mr . Cash was wanted . Mr . Frazer ordered glasses of brandy . In about three minutes from thirty to forty soldiers came in , making a noise , and crying "Where is he ! where is he 5 " 1 ran to the corner of the room to Frazer , and said to him , "Hovr , if you are a gentleman , you will not attempt to escape . " Mr .
Plunkett got hold of my coat , and endeavoured to remove my hand . The soldiers got on the table and broke it . I still held Mr . Fraz * r , and was dragged across the room with him . His coat tore , and he got away . The soldiers called out , " We ' ve got him , we ' ve got him . " They went out , leaving Smith , Whittle ( of the police ) , Mr . Plunkett , and myself . Some of the soldiere afterwards returned . Whittle ordered them away , but they did not go . When Mr . Plunkett told them a second time , they went . I went to the barracks , acd was refused admittance . I went again with Mr . Whittle , ana was told the officer in command waa not there . I asked for the next officer in command , and 6 aw Mr . Cash . I asked for Mr . Frazer to be given up , or the debt
and costs to be paid . Jdfe . Prendorgast and Mn Bennett were there , and oito said , "I'd fctteMfe picking my body out , or I should come to some harm . " Cross-examined by Mr . Murphy —Burgoyne was sober when he spoke to Mr . Plunkett . The conduct of Burgoyne to Ar . Piunkett was civiL , until the latter insulted his wife . Bargoyne called him a monkey and a puppy , for insulting his wife . Burgoyne addressed him as Frazer , thinking it was him . He said- he would have himself soon , for a debt , breaking a gig lent to him . Mr . Plunket had pulled down the bell-rope . Mr . Cash appeared to walk lame at the time . He carried a" very thick strek . Persons at the barrack-gate might have seen Mr , Plunkett and me , but they could not tell that it was
an arrest . I did not lay my hand upon his shoulder , nor did I Berve the writ in the street . Three minutes elapsed from the time Mr . Sfcsh left the house and the coming of the soldiers . The officers present in the room while the soldiers were there were Mr Plunkett and Mr . Frazer . ¦ I swear it was Mr ! Cash , and not Mr . Prendergast , who said , I am " no lawyer . " By Mr . Wilkins—Mr . Plunkett was in my custody from half-past four to seven o ' clock . Before going to the Three Crowns I had seen Mr . Fonracre , but did not speak to him . Burgoyne said , between five
and six o clock , referring to Mr . Plunkett , "That ' s Frazer ; 1 know him . " He made several attempts to open the wiudow , but I thought that was in tun . He twice attempted to get out at the door . Handcuffs were produced by me at a few minutes past five . Mrs . Burgoyne said to Mr . Plunkett , " You ' re no gentleman , to lie on the table , when there are chairs in the room . " Eurgoyne said to Mr . Plun-•"' , ,. ? fi S y ° n a duel wi * 0 e"her swords or pistols ; but that was when Plunkett was standing in a fighting position . Plunkett said , "Bringpistols for two , and coffee for one , and 111 take the conee .
Re-exammed— Mr . Plunkett never behaved well from the first time he went iinto the inn . He was very rough , and struck me several times on the breast with hiB fist . It was for that reason that I showed the handcuffs . He held out his hand at one time to get them on , and I then said , " No , I should be very sorry . " Mr . Plunkett kicked Mrs . Bargoyne with his foot or knee . After Fouracre told me ! had got the wrong man , Plunkett said "I am Adolphus Frazer , and what of that V Mrs . BoTgoyne , of the Three Crowns , said , I renaember iXr . Plunkett as Mr . Frazer . He was addressed aa Frazer , and did not object to the name *?? £ Thuik , *"' *** ' Farnworth on the breast , in the lobby . Farnwortb called mv husband a , J
askedI bim if that waai Mr . Frazer , and he said yes . Plunkett then said , " Yea , yes , 1 know I am Adolfr vf * l ? 'Z J ?^ } ° kght the § as in the room . Mr . Plunkett took hold of the pendant to prevent me . He had a handkerchief to his face , and 1 touched it slightl y to make him desist . He then lucked me m the stomach with "his knee . He called me many bad names . MyhugbaadcaaieaBdl told rS&XJ -V *^ \ . PlQQ £ ? » P uppy- Mr . Uash said , "You'll provoke my friend to strike you , " and he luted bis stick to strike my husband . My husband thea took up the poker . We thought aU along that it was Mr . FrW . Mr . Fraztr was afterwards brought in . Glasses of brandy and water were ordered for the companv . Mr . Cash went nnt
past me . He was out about throe to five minutes J he soldiers ease . Some had sticks . They cried , buTwS ^ venteT * " •*** *** * thep ° > Cross-examined by Mr . MunPHr—My husband tod been to bad , and got up at two o ' clock . He * as neither draalcnor sober . Ho had drunk about a shilling ' s worth of whisky . There was a gig or Sr husband ' s leat to Mr . Frazer , and it was broken . . J husband wanted £ Z for the damage done to the gig and harness , at rather for the value of the tnz £ 11 was recovered for damage only . , Cross-examined by Mr . Wilkirs—Mv hnshand
naa aot been out of bad that day tiH tea o ' clock . He ts aot drunk e * erj daj in the week . Mr . Barlow snoemaker , said if it was Frazer it was not AdolptoB £ razer , but aught be a brother « f Ms , He also « ud that the Soots ordered by JdnTwore booked to Adolplna Frazer . My husband called f " * TJ Puff * . f « abasing me . I jgi ght ba « saidjoaare najeartkmaololje oa lhetofie Thomas Lamb , * nct * aeex , was at the Tktee bT *? - Seie ** per . wH * w « re there , inclndui ^ Mr Plunkett . The soldkw « uqe , « nth « T taSaSS nj « b . A poli «» officer , XMUMdBeath . jumped ^ rf the window a * d I tblhmedhm . Mr / PhSbS aftewards said to
Fanmwth in the lobbvT ^ n """"•"" « " « «> farnwOTtb in tie Jobbv . " Yon * w wrong , and I'J ] make yoa pay for it »< J * * tJrZS ? 3 ?**^^ **»* *¦« the JwwUord was seat Joto amith , a poliee offictT ; was standing at the IKS ? 3 "« 2 s * Ssfe
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his knee . Mr . Burgovne « wb ^ ji and c ^ Qed Mr . Plunkett a motikey and a ^ nppy . •* Mr , Cash was about to strike the lan oiord , Jmt witness went between them and presented a blow . I heard the officer whispering . Som * person , apparently an officer's servant , knocked « t the door , and Mr . Cash went out . In a few minotes the sotiieraaame , some of them wen armed with 6 ticks . llffiifflff" with what appeared to be a poker . Tbe 3 » dicrs pulled Frazer away , while Mr . Plunkett he 3- farnworth with both hands round the waist , Mr » M'Nally , a magistmte , and > lr . Whittle , a constable , ' came , and ordered the soldiers away , but they refused . Mr . Plunkett afterwards said eonwthuig to them , and they at last went . , /; ; ^ ; Cross-examined by Mr . Wi ^ Kmif- jfr . Plunkett might have put his hands round Fariiworth to pro tect him . i -i ' 1 . vit ; his knee . Bfc . Bergoine came , ji and called Mr . Plunkett a motikey and a . ^ nppy . - Mr , C ^ sh was about to strike the lan . aiord , Vit witness went bo- tween them and presented a blow . I heard the
Re-extimined—Mr . Plunkett faeitbgar gave nod nor wink to prevent the soldiers from acting as they did . When Mr . Plunkett kiefce&Mrs . Burgoyne , be was standing up , not layieg oii- ^ he table . We . Heath , a police-officer , said , I was subpoenaed by the defendants' attorn 9 y . 1 was sent to the barracks to ask for the commaMHng officer , to request him to coDtfiOTer to the ina to see if the paHty w « s Mr . Fraier . i went , and or the stair was overtsiken by Mr . Ck& , who asked tne what I was doiug skere , and if I was a robber . I told him the comuanding officerfcad sent forme . He told tbe sergeant to keep me down , and not to allow ane to stir another step . I went dowa , and a servant came to me , and said that the cojammanding-ofEoer was not in . I toii . him he must > i > e in , for be ksd sent for me .
Cross-examined by Mr . Murphy— I had desired the sergeaat to inquire if the commanding officer was in , and he returned , siryiug he was . Cros 8-ese . minedby Mr . Wilkins—Mrs . Burgoyne had said te Mr . Plunkett tthat he was veryanannerly He said , ** Very maanes ^ , " and she said , " Yes , as much manners as a pigy' I never heard Mr . Plnnkett caUod Frazer , and ! Farnworth eay ender these circumstances he could . not let him go . JFaraworth asked him , ** Is your name Frazer , or is it not ? " and hesaid B"Let me go ; Shortly afterwards Mrs . Burgoyne came in again to light the gas . Mr . Piunkett had hold of > the gas suspender with one hand , -and covered the other with his handkerchief . He kicked her with bis left foot . Mr . Casb was not
in at the time of the 4 tick . Mr . Caak get hold of Bur * oyDe . i " i Jokn Whitle—1 * ent to the Three < 3 roflrn 8 « i the night in question .: I found Faraworth , MrX Frazer Mr . Plunkett , MnCash , and two others wliom I did not know . Lamb , Swarbrick , Smift , a ^ i Hea th , policeman , were also there . The stldiers came in and called out , " Where is he , where itf / Jtl" Mr . M'Nally , a magistrate , was there . Theylraocked the table over , seized hold of Me Frazer , and dragged him across the room . Mr . Faraworth hawing hold of him , was dragged by the soldiers to the ground . I did not hear Mr . Pluskett give orders to ihe soldiers to abstain . Some of the soldiers afterwards returned . I had previously sent ' for a a magistrate to read the Ri > t Actand get them
, to disperse . I and Mr . M'Nally revested them to go , but thev paid no attention . Mr . Plunkett spoke to them twice . He said , "Go to your barracks . ' I went to the barracks with Farnwortb , the first time , half an hour after Frazer was rescued . Farnworth pulled at the bell , and was told that the commanding officer waa not in , but would be in half an hour . 1 went a second time with Farnworth and Rylance . Farnworth was told the commanding officer was not tn . The door was open , and Mr . Cash was in the lobby . He said he would only see the head man . Mr . Cash saw mo at the Three
Crowns , but I did not tell him that I was head of the police . Cross-examined . —On the first occasion it washalfpast seven . It was about an hour after the rescue that we saw Mr . Cash . I ascertained afterwards that Mr . Cash was la , me . , , ,, « . ' .. Cross-examined by " MrrWiLKiNS—The ' eoldiera cried on entering , " Where is he ? " I did not know that Mr . Plunkett belonged to the Wigan detachment . I apprehended him at Hay dock Lodee . On the night in question he appeared to be perfectly sober . I was present during the rescue . While I was in the room . I did not see Mr . Plunkett touch Farnworth at all .
- Re-examined—When the soldiers entered , my attention was drawn towards them . John Macleod—I am a clerk to Mr . Wallace , Sheriff ' s Officer . I was outside the Three Crowns that night . I saw a crowd of all sortB . I saw an officer going from the direction of the barracks towards the Three Crowns . It was , I have since learned ^ Mr . Cash , who sits there . There were a number of private soldiers with him . I saw them go into , the inn . I did not see the officer go in , but I saw him close to the door . I heard some one say that the magistrates were coming to read the Riot Act . Some ono of the soldiers said , * Hell to the magistrates ! They will not "be magistratea much longer for us . Well have him out . " They came
ont iu about five minutes , and Mr . Frazer was with them . He was in front , and the soldiers on each side of him . They said , " Who'll take him frum us now ?" Cross- ^ ranllned by Mr . Murphy— I could not see all that © ccn * , red , a 6 ifaere was a great crowd . I was *« £ exaj ^ ad ^ sftire the magjatrat ^ as to tnesefcMjts . , Tdo not-Hrthrhow-Mt is I > n » brought here aaa witness . One of tile pbifce toW-me I ' should be wanted . I do not kriow how he knew that I could give any information . I might have mentioned to bomebody thatrl saw part of the row . I mentioned it next day in a public-house . A fortnight since I heard , for the first time , that I should be wanted . This was subsequently to my speaking to Rylance
Jamea Rylance—I am an attorney ' s clerk . On the night in question I was coming down the street about seven o clock . L Baw a number of persons in the street . I went up . A man dressed as an officer ' s servant ran into the Three Crowns' lobby . In about a minute he returned . Mr . Cash came out immediately after him , and went in a direction to the barracks . In a minute or two I saw a large number of soldiers in their undress uniform . Mr . Cash was with them . They ran into the Three Crowns' lobby . I 'did not see Mr . Cash enter with them . He was about eight yards b& - They shouted . One had a stick aa thick as my wrist They came out with somebody crying " We . have him , we have him ! " I then saw Mr . Caeb . walking from the barracks
towards , the Market-place . He passed the Three Crowns im the opposite side . I said to him , " Recollect , sir , I have marked you as the ringleader of this row . " He did not reply . Cross-examined by MjyilvRi'in---There appeared to be two sallies of soldiers Crom the bajrackd . John Hodgkinson—I am , a , traveller ' to an ale and porter bouse . I saw the ^ oldiers rush into the-Thr . ee Crowns . I was in the house , and went out at the back-door . I might be a little frightened . I saw Air . Clash in the street . He was about ten or fifteen yards from the door of the inn . He was in the middle of the street . I saw Rylance two or three minutes afterwards . He asked me what was the row , and I said it was a row with the soldiers .
William Irving , a traveller , saw Cash with the soldiers , after the rescue . Ho did not interfere to quiet the soldiers . John Copeland—Saw the soldiers going to ; the inn . I saw Mr . Cash soon after the soldiers came out . Rylance recalled—Mr . Capli had a cap , I think a glazed one and a coat buttoned up . He had a thick fetick in his hand , with a knob the size of my fist . 1 think he had 6 lippers on . I cannot tell the precise kiud of coat . It was gas-light . William Rider , a boy—I saw the soldiers come , some were running and soma walking . I saw John Bergen , the little drummer , and Mr . Cash . Mr . Cash was seven or eight yards from the inn . I knew there would be a row . I ran away to lock np the shop , and then heard them shout « We ' ve cot him ! we ' ve got him !"
Cross-examined by Mr . Murphy—Mr . Cash was walking . The soldiers might be going a little quicker than he . There were some soldiers behind him as well as b « fore . . , This closed the case ' for the proseeution . Mr . Mcrphy then addressed the Jury on behalf of the defendant , Mr . Cash . The two defendants , who were young men , and belong to an honourable profession , would , if their verdict were against them ; not only be submitted to the civil consequences , but their prospects in life must be marred , for they would also have a still more severe infliction to undergo—the loss of their commissions in the army The question to be determined was , not whether Mr . riunkett had reDresented riim < u > lf <><• m-
Fraxer , that was but indulging in a natural feeling to endeavour to save his friend from arrest—but whether the defendants sanctioned the interference of the soldiers , and aided or abetted the rescue . The circumstance of the officers retiring to a corner Hj-a *^ nataral 1 enough , the probability being that they were merely speaking or whispering in private as to the means of raising the monev for their Wd , so that he might be released ; It wal not to be assumed that they were concocting a res-££ iv 5 T * " rorth **»*««* * ha * he thought it Ukely thw were conversing on the raising of the mone * the Learned CoSfiel then dSSfon . t £ uwdtarea by the drunken landlord « f theimrto S % L !*?» . F « »«» Py from his rank
~ m « - «« , uniftuj lined Mb stick , which any other nan woald have done under sSmUar aj » ravatton . After the rescue , too , Mr . Caak wasSen in the stoset , walking ^ ^ odr ££ * Ser * aid altogeth er nnconuectd with the soldienc Itwia a £ > ° »«« *«* audited , and kept . ^ is they taoajrht wwngfollj i » fiMtody , shoniK * iTtheS ¦ SSSkn xeal and attaehmeiit towards him , S £ ±£ Z £ Sftwf ^? tljr WMi * 1 with the insooeno . of ittr . Cash , who was not seen leading the soldier * « n dress at the time , had no « ommand ove * the mBn . and an 2 v ^ rf tif % J ^ e 3 rill t h ^ - aS MalyaiB of thewMe evideoce led to the inference ^^™™* r t ^ ti * vtex ™ 4 Z
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Mr . Wilkins then addressed the Jury in behalf of Mr . Plunkett . The evidence went to show that many of the witnesses had shown a disposition to pervert and exaggerate the facts , He declared his absolute coiwictioia that Mr . Plunkett never kicked Mrs . Bargq | nea ^ aU i ( The Learned Counsel her e made sohjfetedHttks tejative to the alleged kick , which called forth an interruption from Mr . Brandt , who said that his Learned Friend was mistaken as to the evidence of Heath on this point . ) The Learned Judge referred to bis notes , aud it appeared that the witness had not said that Mr . Plunkett merely lifted his leg to keep her off , as had been Btaiedby the defendants counsel , Mr . Wilkine ; but that in cross-examination , he said " Itmigh ' Mr . Wilkins then addressed the Jury in behalf of Mr . Plunkett . The evidejice went to show that many of the ^^ witnesses had shown a disposition to pervert and exaggerate the facts . He declared his
have been to keep her off : I think it was a kick . " Farnworth was re-called , and examined as to whether the kick was given b y Mr . Plunkett while he lay on the table ; and in reply to the . Judge said , " Half an hour intervened between the 4 ime when he lay on the table and the giving of the kick . Mr . PJunkett was standing up at the time , within less than Vyard of Mr . Bargoyoe , and white he held the gas suspender in his hand . He could not have held the suspender in his hand , if he were lying on the table . ") The Learned Counsel endeavoured strenuously and with much ability to threw discredit upon
the evidence of several of the witnesses . He concurred with his Learned Friend , that the whispering was to be construed into a consultation on raising the fuxds to obtaia the release of their friend . Mr . Plunkett , was grossly iaauJted aud goaded . The Learned Counsel concluded by pronouncing a warm enlogium on the aristocracy of the land , to which his client belonged , and to whom the consequences of a conviction would be dreadful . He belonged to oneoftho first families in the kingdom , his name had never yet been tarnished , and he trusted that the verdict of the Jury would leave it still untarnished .
The Learned Judge , ia summing up the evidence , said that the two counsel who had just addressed them had taken hieher grounds than their clients were entitled to . Tne-conduct of Mr . PJunkettwas tertainly reprehensible , and if someCircumstances occurred not altogether agreeable to his feelings , he had no right to complain in such high terms , as the cause arose from his own indiscretion . It was quite certain that he had done extremely wrong . He had deceived the sheriff ' s officer , the result of which , had the deception been continued , might have been attended with serious consequences to that individual ; it might have saddled the officer with debt aud costs . He ( the Learned Judge ) did not , therefore , consider this a case which entitled the
parties to take the high ground which had been assumed . With regard to Farnworth irritating Mr . Plunkett , or behaving uncivilly towards him , the opposite conduct was his own interest , and he neither knew Mr . Plunkett nor entertained any animosity towards him . He made these remarks in justice to the witnesses , as so high a ground had been taken in the defence . His Lordship then said , the Jury would first have to consider whether the defendant had aided or abetted the soldiers ; and next , whether they had committed the assaults charged against them , as having been committed on Farnwortb . aud Mr . and Mrs . Burgoyne . His Lordship then carefully summed up the evidence , commenting upon it as he proceeded . With
reference to the omcers not at first ordering the soldiers away , and the defence set up , they ( the Jury > were as g 6 od judges of military affairs as either of the Learned Counsel . They could not for a moment entertain the opinion that because one of the defendants was iu undress , and the other belonged to a detachment quartered at Haydock Lodge , a fewmileB distant—they had no power to order the soldiers to go . Had the soldiers been ordered they would , in all probability , have dispersed ; but nothing of the kind had been done until after the rescue . Mr . Plunkett had the power to order them home , and might have done so at first if he had chosen . In conclusion , the Learned Judge stated that the consideration of their verdict was most important ae
affecting these officers . If they were not satisfied that the said charges against either oj . " them were made out , they would acquit them . On the other hand , if they were so satisfied that the defendants , with a view to save their friend , had so far forgotten themselves as to act in the manner imputed to than , it would be their duty , however painful it might be , to find a verdict of guilty . ; , ' The Jury retired to consider their Verdict , and , after being absent five hours , returned with verdicts of Guilty against Mr . Plunkett upon the first and second counts of the indictment , and of Not Guilty against Mr . Cash on the first count , but guilty of an assault upon Mr . Burgoyne , under very great ' provocation .
Mr . Wilkins said Mr . Plunkett wished to say , through him , that Mrs . Burgojne , in supposing he had kicked her , laboured under a great mistake;—be ( Mr . Plunkett ) hoped no impression would go abroad that he had acted in so unmanly and mean a way as to kick a female . His Lordship , in passing sentence , said—Edward Sydney Plunkett , you are now to receive sentence fur being convicted of an attempt to rescue a fellow officer , named Frazer , from a sheriff ' s officer of the county , and for an assault upon Mrs . Burgoyne , under circumstances of great provocation ; and you , Henry Cash , foran assault on Jdhu Burgoyne , also under similar circumstances . With regard to the remarks of the LiSWrBed ^ wflteL ^ ratlve -lotheiosuH
offejeed to Mr . Plunkett , he ( Mr . Jfisticr Coleridge ) considered that the situations in life of the parties precluded any possibility of insult , a ? one was in a situation so high above the other . He took Mr . Plunkett ' s word that he did not intend to kick Mrs . Burgoyne ; he did not believe that he did intend to do her any kind of bodily injury , but this was not the only charge against him ; he had been convicted of an attempt to rescue a brother officer from the authorities of the law . A crime of this nature , when committed by a civilian , was ono of a very serious character ; butj when committed by a soldier , it became a much more aggravated offence . ' - ' He always considered that the profession of a soldier was one of the most honourable , but that he was never so :
legitimately employed as when he drew hia sword , in defence of the liberties of nis country ; and , unhappily , in these times of excitement , the soldier was called out of . the ordinary course of duty in aid of theblvil power to support the laws and . institutioiisiaRihe country . He had heard in the course ' dftnWmal one circumstance , which he noticed with the greatest pain—which was , that some of the soldiers hid said that the magistrates held their office solely through the support of the military . He thanked Sod this was not the case;—but it was not to be wondered that soldiers should use such an expression after being instigated by their officers to iuterfere in the execution of the law . It was the interference of the soldiers with the civil power that gave this case its peculiar aggravation . With regard to the sentences ho about to he d ? auuub iu
was pass , hopethere would ba no uo no pass , ae nopea mere would be no ulterior result , as he considered the law would be sufficiently ( satisfied by what he was about to do ; and , so far as ho had any power , or might possess any influence , he would do what he could to prevent any further or pjther punishment from falling upon them . Ihe learned judge then proceeded to sentence the Hon . Edward Sydney Plunkett to be imprisoned for twelve months-in Lancaster Castle , and at the expiration of that term to find sureties , himself in £ 500 , and two in £ 100 , to be of good behaviour , and keep the peace to all her Majesty ' s subjects for the space of two years . Mr . Cash was sentenced to three months' imprisonment in Lancaster Castle , and to enter into a bond in £ 300 , and to find two sureties in £ 100 each , to be of good behaviour , and keep the
The two gentlemen were then delivered into the custody of the governor of the gaol . _ ^ i
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are jesolved to . fight their own battJ .,, , the rapacity of the landlord ^ the inhumanity o £ the tax-gatherer , and the Bishop ' s tithe-proctor vill disappear ; if you do not rouse yourselves , yon trill leave to posterity a nation of slaves . ' - The a ^^ ndant then told them to unite , " rid yourselves of your burthen ; it ia madness to expect oo-f ^ m tioii from Tories , Whigs , Liberals , or the rrfddltag classes , or from any other than the working efefcses . " He then made observations about t ^ ie benefits of equality , and referred to a pamphl ' js in kfe hand ; he also mentioned different paitieo who grind the people down , and said they wonli continue to do so , antil " yon were driven into the New Poor Law Baatile , to die of starvation , and then your bodies nay be cut no and thrown to are wsolved tp-fi ^ of the landlord , the inhumanity c ^ th « tax-gatherer , and the Bishop ' Btithe-prectorviiHiBappear ; if you do not rouse yourselves , you trill leave to posterity a
the dogs . " He then mentioned the name of O'Connellinsome observations about passive obedience , and eaid , " I should advise every man ( or every one ; to « et a sharp pike , about six inches long , and carry it in his side pocket , to defend himself against any of his oppressors that attempted to interfere with him . " He said he should advise them to leave off work for a month , and to hold a national holiday . He continued to read different passages from the pamphlet he held in his hand , applying the remarks to persons in the locality of the place . He directed his hearers to make preparations to live for the first
week ot the aational holiday ; after that they might go to the nonber of fifty to Major Marsland , and ask for a ioad of corn , and if refused send 500 , 1 , 000 , 10 , 000 , and if still refused 50 , 000 must go , and then they would get it . The sheep and oxen , if wanted , must be driven to the slaughter house . He concluded with severe observations on the Government . Witness said that he did not hear the beginning of the speech ^ but the defendant spoke half an hour after he came there . Mitchell was distributing pamphlets for sale , and one was purchased * by witnesses direction . The defendant does live in Stockport .
Crass-examined by Benbow—Heard you speak half ^ n-hour . You were referring to the people of property . Stood about seventy yards from the cart . I was a preacher belonging to the old Wesleyan connexion some time ago ; never belonged to another sect . You had a pamphlet in your hand ; do not think it had a black cover upon it . The discourse was like a sermon , and quoted Scriptural passages ; bat do not recollect seeing a Bible . Attended the meeting casually , hut having received intimation , I ordered it to be attended to . Do not know that it was advertised on the Saturday . Took the measures on my own responsibility , and made the notes in my own office . During the time of meeting there was nothing of tumult beyond marks of approbation .
There was no display of nags or music . Elder spoke very shortly . Did not see a black man preachingoh the same ground , or near him . Been a policeman near eight years : before then J worked in a factory . We kept a small shop once . Never was a mule spinner . Was sent up as a witness before the House of Commons and employed as a delegate for the working people . On that occasion made speeches with reference to the Factory Bill . Never made a political speech as a leader . Made speeches as a canvasser . Sent Cadman to buy a book ; and he is here . Took the notes from what I recollected at the time . Did not make them from the book ; swear it . Was there about half an hour ; did not measure it by any time piece . Could not recollect all I heard . Deemed it of importauce to takedown what I could .
Took portions material to report to the authorities . Did not take down any part which would soften down the asperities . It was a violent speech . Do not recollect anything about honest and industrious classes . You might have said something about the evil day , when the separation will take ; place between the middling and working classes . You mentioned Major Marsland and O'Connell ' s name . Do not recollect Lord Lortoh ; but remember the name of the Duke of Wellington . Could not recollect that of Sir Robert Peel . Mentioned Tories Whigs , Liberals ; Jackson was also alluded to ; not quite sure that the Whigs were called honest
men . Am not a Whig . Cannot swear that anything was said about the poor behind ' the throne . Might have recollected those expressions at Manchester , because it was nearer thetime of the offence . Am not to judge whether a conviction ought to take place upon a want of recollection ; that is for the Jury . Turpin was mentioned : but do not recollect its connection . Do not know that Jonathan Wilde was mentioned . Neither can I charge my memory that some faction was compared to Turpin and another to Jonathan Wilde . Did not hear you say that the Tories had a design against the life of the Queen . Can only swear to what I have taken down .
Benbow . —I see you are acting upon the non mi ricordo principle . I won ' t have your favours of re-execution furbished up . Sadler ' s cross-examination continued—You said something about the Ministers . Do not recollect that the Tories wanted the Queen to do what a washerwomen would not do , that of separating from her the companions of her youth . Do not recolleot that the Chartists were stated to be the only loyal men in the kingdom , nor that the Whigs were compared to Jonathan Wilde . You mighrhave said something about the people not depending upon either Tories or Whigs ; and something about the Charter . You might have said that the term " Chartists" was a good one ; you . might-have alluded to Magna Charta ;
you might . havo said the Chartists were like the'ReforinerB in Bishop Langton '« days . The Charter you mentioned ; but do not remember that you said it was likely to produce peace and happiness . Cannot recollect the Scriptural quotation , and have no note of it . Might have said somthing about good old Tory King giving his subjects six months' holiday . Believe you mentioned Queen Esther ; but am not certain . Cannot'speak to your stating the Jews being in a state of great affliction . Do not recollect about Haman being hung upon a gibbet , nor about Mordecai . Mentioned young and virtuous Queen . Will not swear that you eaid anything about the Queen being dethroned . Advised the people to . observe a month ' s holiday ; and said something about a
week ' s holiday . Did not consider it necessary to take a full report ; waa not able . Swears that the words read were used ; cannot tell what you meant . Do not know when it was first determined to proceed -against you . Had conversation with' the aujborities after the 9 th May ; and do not know when , it was determined to proceed . Recollect having seen a letter addressed by the Government to the magistrates of England ; but do not know whether it was in cousequense of that letter . that the prosecution was commenced . Do not know why the charge against you as conspirators was given up . Had not seen a copy of the indictment to read it . M y expenses here will be paid ; I am entitled to 7 s . a day as constable . Not paid by the job but by the day . It will not be . any more interest to me . if
you are convicted . Will only receive 10 j . a day . At the meeting stood about thirty yards from the cart part of the time . Remembers the name of the Duke of Wellington mentioned . Spoke in Bevere terms , both as to the Government and the people of property ; but do not recollect tne precise words . Do not recollect any thing about the Rev , Robert Smith ' s opinion , nor about the mode of getting r . ches . The people of property you termed the middling classes : you also mentioned the aristocracy , but do not remember the word " squirearchy , but heard the word < 4 faction . " Recollect " plunderers . " You said people of property were plunderers . Do not recollect the working classes being mentioned particularly . Can ' t swear to anv observation bit . the
Corn Laws , but have notes about the New Poor Law . Believe you did refer to the separation between man and wife ; but did not take notes about anything that I can recollect with certainty . Know many persons of the name of Fowler in Stockport , but do not know anything about fighting a duel with one Fowler . Never fought a duel with anybody . Do not recollect anything said about the Rural Police you Said something about policemen . Do not recollect anything about " catspole . " You said something of polecat , in reference to the police . Can ' t swear whether it was catspole or pole- oat . Do not remember that nice little word skunk , " nor recollect that the liberty-loving Whin —the wretches , would make the nation a nation of
assassins . You might have said something about " killing no murder ? ' Do not recollect yonr argument that the Rural Police Bill was to help the Squirearchy to keep their gime ; nor that these people would sell their masters . Believes you referred to Bury and the police . Am not certain about your allusion to the Calthorpe-street affair . Can ' t repeat the observation made about the introduction of the New Police ; but you spoke in opposition to it . Do not recollect anything about a wolf and a tiger . Believes the people held up their hands once ; but do not know upon what occasion . It is true that you advised the people to get a pike , six inches long . Never saw one ; not aware that there is not such an
instrument . There might be other words used besides that . You used it as a defensive' instrument against oppressors . There might have been something said about soldiers , in comparing th « m as , an honourable force to that of " Bkunks " , and polecats . You did mention something about the standing army Cannot say whether or not you said that policemen were employed on every occasion to swear away the life of the people . You adverted to passive «* e * dience . and alluded to OConhell . Mi g > t have pit downobedience instead of resiatanceT ^ onot know a public-house in Stockport called the Woodman Arms ; there is one eaUed the Woodman in Heaton j
uane . « ever attended public meetings there slrat nave attended convivial bar companies there / and madeinany speeches . Am a Reformer ; never was anything else-not even a Radical Reformer . Did not at one or any of these convivial meetings SL * &f ^ ° t «?» they would never oE tarn Reform , bnt m dark nights , and with tef ' There waa not a * Chairman at those convivial meetings . Enow many Fowle * £ 2 one that ft is dead . NeveV qu £ - relled with ^ any of that name . Never heard anything about the seduction of Fowler ' s wife . Been * Dreaoher . ^ Amnot the man who took away Pow « ^ JP ^^^****^ Swas at Middlewioh . Know several named B * xnett-
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had had several in custody ; never brong&tto atctMJ for compromising felony . Never was * eproved £ the magistrates in any court in England ; lwyJf ' person under whom I have acted . Know of ju ^ J port 9 in the newspapers upon that subject . ' Re-examined by Weisby—Had general direetw , to attend to these political meetmga ,: which *? tinued to the beginning of August . Pikes weref < w in a number of houses . Guns , pikes , and pistols *»? found in Mitchell ' s house . , ^ Mr . Richard Beswick , deputy constable of Ma Chester , proved the apprehension of Benbow oiifC 6 th of August ; and produced a pamphlet riBiiUrT that read by the defendant at the meeting in an * , tion , of which ho was the author . It iras entitfy "TheGrand National Holiday and Congreas oftk Working Classes . " . : i" for compromising fclony . Never wa # * eprove ? the magistratea in aDy court in Ensrlaftd ; n » -2 person under whom I have acted . KnOwof a ^?
Cross-examined by Benbow—Been a poliee officj for fourteen years . Read the warrant td yotrtf was for an offence at Burnley ; and turned yon ot « L becaaBe there was a stronger case against you . Stockport . Do not remember the particular tMnajC made by Coppock at Manchester . Apprehend ^ VS a to w days after the meeting ; will not Bweir it In , two months after . ¦¦ The defendant submitted that as Sadlerwsi at the commencement of the meeting , he was Dot ? a situation to show tho general nature of the senna and therefore contended there was no icase f or Jury . i v ^
His Lordship having decided otherwise , Mr . Benbow addressed the Jury in as peeeVafto * hours'duration , which we cannot insert , owa *^ our reporter not having sent it . ,. The Attobney-Genebal replied in a few ^ and his Lordship , in summing up . spoke digw ^ S f * fully of the observations uttered by thejdefendSu » his address , the greater part of which was beaded question , and somewhat aegravatory ot the cbinti against him . : ., , ™ At eleven o ' clock at night the Jury ? were direct ^ to consider their verdict . Thej immediately ; S turned one of Guilty . ¦• , The Attorney-Gebebal prayed for judgmeaLf-. His Lordship , after a few remarks . sentaiMr i Benbow to sixteen nwnths' im prisonment / fefewhi , already been confined for eight months , i ^ , ™
Saturday ^ April \\< " ^ - His Lordship entered the Court at ten o ' clock * ^ Ttaae Johnson was arraigned for uttering & ££ and inflammatory languaf e at Stockp « t , m A ^ S last ' . '¦ ¦ ¦ - ¦ -. ¦ ¦ . ¦¦ - ,-.. : ' . ' . - ¦; . " '; A ^^ The usual evidence was then given , and the taMta Uie prosecution having closed , _ . ¦> ^*^ Isaac Johnsok , the ' defendant , - in addressing thi Jury on his own behalf , said—My Lord and OraSI men of the Jury , —Permit me to offer a" few prepanfcjri remarks to your serious consideration , r rtand ^ bm accused of a crime against the laws of roy-febautry ntal I would wish to press upon your minds that jast ' ud equitable maxim ,. V That every man is considered itaE , cent until proved guilty by good and « uhstan « al ^ it dence ; " and 1 tterefore hope that what I shall tifa * proper to introduce in my defence this day will beljnjh weighed and reflected on by you . You are sworn ™ " well and truly try and true deliverance make' *^
this case , to which purpose I beseech you to lay «^ 3 all party feeling and interests—enrobe yourselves oT 3 party spirit and prejudices , jf you have any , andM nothing weigh in your deciaian hat ^ bit you ] U 3 well'substantiated on oath from ereditab ' le witnesatt who are completely disinterested . In 6 ur poliUii opinions and- feelings we may perhaps differ > but ! 2 you glory in fair play , you glory in suffering every £ 2 to enjoy that privilege you would wish to enjoy fuML ling that beautiful Baying of Scripture , ' ? Whatsoever ye would that men should do unto you , « ven » odo unto them . " My Eord and Gentlemen of the Jnry > trust yon will overlook any little irregularities ia | L manner of defending what I conceive to be public j * and public justice , for , if there ' be anyone prints of public justice still left , which was wont tod&tfZ guisb our forefathers , it is the loud and general exnm .
sion or public opinion against public wrong ., ItTa » ever been the boost , Mid I trust will ever renWIn iU great cliaracterlstic of English freedom , that all mui submit to the wholesome scrutiny and rhistiseniaBtrf public opinion- —whether the offender be prines * peasant—whether he be armed with wealth or umstSd with power- ^ public opinion is the great tribunal < f justice to which the poor and the oppressed appeal when wealth and power have denied them justice . ^ William Temple , in his Essay on the origin and nskS ot Government , says , *? opinion is tbe troe ' ground and foundation of all government , and that which subfetfa power to authority . For power arising Iromstr ^ fc is always in those that are governed , who are as * -
but authority arising from oDinion is ia those ttit govern , who are lew . " •« Public opinion ^ " said " W f-John RusseU , "is- all-important for the fadges of tW land in delivering their solemn judgmentoy-the hooai of Parliament in their debates—even the ^ Sovereign , j » they had on a late occasion seen . On one of those i 4 + opportunities whore the Sovereign waa called on to et » ercise an influence where there was a regponsito minister , oven the political conduct of the SovWdtt ' was nude the subject of canvass—the subject of pxSm opinion—and by that public -opinion every oa » of them—the Judges of the land—the membek ; of the houses of Parliament—the Sovereign hersd ^ was contented to abide . " Such was the languid of the late Secretary of State ? and . Gentlemen ofW
Jury , I need not inform you , that , te orj& te ehaai » and influence publio % ppinion in favour of any public measure , the same institutions of our country Meogriflfc the right of public ; meeting and of free discussion , and all other peaceful modes of agitation , ioi fact , one « f our test writers on government , the late Jeremy Aa * tham , has gone farther , and has stated , " " that fl » people of this country have never obtained political right or privilegebut by making the rulingfeel nneasy * and , however clearly ihe right of peaceful aptaticB may be exhibited , there can be no doubt hot that all imitation likely to be promotive of public benefit—HkdJ to deprive unjuit power of its station and corrupt priri-i lege of its prerogative , will occasion in them very grail
uneasiness , and will , a » the late agitation has done , stir np men in tbe possession of mch power , to prevent by every means at their disposal , the free and conittt * tional expressions of the public wilL My Lord , s # Gentlemen of the Jury , I need not informyou , berat * you are acquainted with the fact , that we b » yet )|^ bodied our wishes in the form of an Act of Parliamatjt , entitled " the People ' s Charter : " hence the torn Chartists is given to all those persons who insisted to this nieisure of justice becoming the law of ihe laaL Gentlemen , it is a well-known fact that , during the last eighteen months , the attention of the people , ajd more especially the working classes , has , more thanit any previous period , been directed to the rmportanc * of
a reform m the Commons' House of Parliament , ft * established conviction that their wrongs will be redressed by that House as at present constituted , hs » caused them to redouble their energies towards the air taininent of that reform which , they believe to b » essential te the happiness of the nation a £ large . Cfeatlemen , we do not ask for anything that vi visionary in theory or unattainable in prartice . We ask ftr what baa existed before , and , throng ^ 'fthe biasing of GO , what we hope to see exist again ; aad for what exlstl now on a splendid scale in America . If " tSere baa beea a necessity for the suffrage in other , and f&r-diaw ages , even when slaves wore the iron collar hi En | t £ ( V there muBt be a far greater necSsHy—a fir higher d » -
mand-for it was amongst a nation of intelligent « fr tizans . My Lord and Gentleman , if we examiiiB ftp history of our country—if we extend onr inquirlei W the most distant time—nay , if we eveni penetrat * to the rude tradition and the ruder records" of depaiW days , even amidst the humble hots of the wanderlaf tribes , we shall detect something of a custom pracQWby which the whole members of the trib 9 : wereiffls « jS bled together to consult aboot their safety in peaee and decide upon their operations in war . " We heaiof a similar custom and practice aft the root and growlkflf tiiis great nation , which can neither be denied nor ¦ ¦ puted , the desire for which seems-to have coexist *^ all times and throughout all ages with the spirit of »• juniuu pcupie it isomiraDie mat tne wuiw
. . . people , as all the tribea did , . thonld ni * together and give their voices for . the * &W&mk of a custom , or the r ^ ss ing of al » w whteh ^ raB toaWt more or less , all over when It ira » extended . . G # W men , if w © pass onto * lM ^ p ^ od . ^^ id the 8 « a > ii parsulng thd same custom , and summotttaythfl p « OT together to hold their far- £ uned Witenapf-mote , ' <* 4 sembly of the people for deliberation . When tbekbfrl dom was divided into tee heptawhyi . ' each of tM seven divisions had its Parliament - Tfaas we find j * recorded in the following heading to aniancientaoei ' ment : — " These are the Decrees of SigBria , Archbfch * of Canterbury , in the Court held hetore Etheh-ed , fl » Archbishop of York , the Abbots . Senate * , the CUiefc
andPeopteof the whole Country . " This is not W the unmeaning word * attached to the head of the p * sent charters and records , bat one hi which the * p l # of these ancient times is more satisfactorily credit ** When we flnda unrveraality of rl ^ t being 9 f * senrpuloosly embodied as a preface io all law , M king , the clergy , the senators , tiw ohiefe , andtii people are specifically expressed hi theft © waW * fc and thus the principle and the practice go * and in W * of requiring aU to be cdneened in the fratning of W * which aU were bound to obey . Theaetkws were ** before the whole people , summoned together , and ^ J eame established ae laws by their consent i » wa * # aside according to their axprewed dissent , Upon 8 *
simple and primitive system , Gehtteme ^ waijB ll « h « d the vast plan of representation . - "As tn ^ W tion increased their primitive plan of assembUK * was found to be cumbrous and inconvenient o * ¦*] impracticable , and Alfred the Great 'tataWW * f syatftm by whkh the whole people were issembtoi £ \ gether to elect and appoint those wh < P would •«»» them in an . assembly where deUberattoaYarould n « 5 rendered impossiWe by numberB . Upoathe soggesw of growing necessity , the Parliament of England ** based , and from the same source sprooginp the * 5 General of France , the Corte » of Spaia ; * nd tto « m of Germany . From this suggestion © Aanated WP under whieh the great Alfred , by dividing the kof dom and extending a chain of responsibility from ** to mas , and from division to division , buld 1 »** S the peace and good wiU of htapeople- «* far , ** W ( Continued in our tevtnth pott . }
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CHESTER ASSIZES . CROWN COURT . —Friday , Atitit 10 . ( Before Baron Mauie . )
TRIALS OF THE CHARTISTS . ^ The trials of all the felonies having concluded , the Court proceeded to hear the cases of misdemeanors of which character the Chartists formed a part The first defendant called up was William Benbow , who h « d been in Chester Castle , in default of bail . Ho pleaded Not Guilty at the last Assizes , and was now arraigned on his traverse . The Jury having been impanelled , the defendant said that if any Gentlemen of the Jury were yeomanry cavalry men , he would object to them . On its beinir
explained to him m the negative , he waived ail challenges , saying that they were all strangers to Mr . Welsby opened the pleadings , charging the offence to have been committed on the 9 th of June , at Stockport , in using seditious and inflammatory language . A second count charged him with inciting the Queen ' s subjects to arms . m The Attorn-ey-Gkneral , with whom was Mr . Townsend , stated the case , and contended that the language of the defendant fully bore out the averments on the indictment .
, The witnesses , at the request of the defendant , were ordered out of Court . ' ; . . Benbow defended himself . ; Joseph Sadler , superintendent of the Stratford police , on being called , said he recollected the meeting on Sunday , the 9 th of June , in a spare space of £ roo » d adjoining Greek-street , where there was a cart , from whictuthe speaker addressed the crowd , -atout 580 Id number . Benbow and Mitchell were in the eart , and witness took notes immediately after the meeting . Benbow objected to the production of the notes ; because they were not taken at thetime . His Lojuwhip thought the witness was in a condition lawtully to refer to thein . _ Sadler tKenwa ^ , speaking of people of property , Benbowsaid , *» They are a set of pickpockete , plunderere ^ and- pitiless burkers jtiiey are all bishops . f ""!**?« done nothing for yoaraelves ; when yon H ^ ZOFwl *? you ^ * t *™* * ' « "d never yea ** fight for your » elves , When the people
Untitled Article
-6 L ¦ -.-.,- ¦ -- ¦ m THE NOBrHBRN STAR , ^ J \ Sl ^ '' K £ WP "
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Citation
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Northern Star (1837-1852), April 18, 1840, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2680/page/6/
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