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    THE TRIAL OF WILLIAM AND BINNS . ( Continue d fron ovr UuL ) WTLT . TAMff DEFEWCE . Mi . Whjauis row and said : —Myliortana Gentlemen of the Jury , —This case hafing already occupied your attention so long , job cannot bow , however much 70 a mar &e disposed , be aide to give that attention to theob * erT * ieB » wMeh I am about to « uWl to you chichi am entitled to recerre , « nd-wfcjdi justice de-* n * n d » > ud heoce I wwld gladly bare fertgose m , light to tddress yoo , did I not feel that ft isfawombent npon me not only to Tindicste my own rftM ^ frr and eondnct , but also the character aad tendency of those principles , for the promulgation of -which I aow- » ppear before you . Gentlemen of the Jury—Appearing for THE ra ^ OF WILLIAMS AND BINNS . ( OnteiUtdfrxmourUuLi ;

    the first time a t the bar of my country , \ o defend myself against charges of so serious a nature as those those alleged tn the indictment ; and charges too , some of which inrolre points of law , -which have neTer been , nor can erer be , dearly defined ; haying to meet and expose , in an extemporaneous Address , the legal subtlety of the counsel for the prosecution , -with his artfully concocted case , supported by -witnesses -who appear Titally interested in procuring a conviction , h&v ing to take up , arrange , and sift the mass of evidence ¦ which has been brought before you , and to apply this to the real question at issue , 1 fed that I hare incurred a responsibility of so -weighty a naiare , thai I am- entitled to your closest attention , and yonr kind eonmdera tion for any defects at improprieties which you mar

    observe in the coarse of this defence . It ia usual , Gentlemen , for the defendant , or his counsel , to beg that the Jury will dismiss from their minds all previous impressions and prejudices , bat if this be necessary in ordinary cases , how much more so in a ease of ihis nature , -when I am accused of offences which are hostile to the strongest principles and foelings of the ri " from -whom the Jury -who an to try me are drawn . Yes , Gentlemen , I am not s » ignorant of the constitu tion of the human mind , nor of the infirmities of human natore , as to expect that at the feebly expressed request of the counsel for the prosecution , the solicitations of the Judge , or the entreaties of the defepdsnt , that deep rooted prejudice will vanish from your minds . I know that some of you , I hope not all , must haTe

    entered that jury box with prejudices ( uneonscioos prejudices they may be ) against me . You most h&Te formed some impxwaoBB of tbe principles , objects , and charac ter of the class called Chartists . That class are now , « nd ha-re for a loag time past been , actixely agitating for changes in the constitution of that Government 'which is created and sustained by you , as a portion of the middle classes of the community . Time was when your class were liable to be charged with the same offences as that of which I now stand accused . You bare all heard , or can personally remember the days of Castlereagh and Sidmouth , when prosecutions for sedition were so rife . You , the middle classes , then stood in a hostile position to the GoTernment © I the-da ?; you " were then , as we are now , seeking changes to which the

    Government was not disposed ; and -wiile the leaders your das were then exposing the frauds , corruptions , and tyranny of the Government , as we are now , the , Attorney-General was employed in framing bills of- indictment for sedition , and bringing to the bar such men as Sir Francis Bordefct , Major Cartwright , Cobbett , John and Leigh Hunt , and a ho 3 t of others illustrious by talent , by station , or character . But mark the difference in the mode of procedure : there was no eulogiuni then on the *«* >» fni ~^ fl of common Junes , so security , in Ikct , that they would eonvkt at ail for such offences . Special Junes-were then invariably drawn for tie same reason as the Attorney-General of this day now relies upon the friittifiling of » common Jury . The class from whom the Special Juries -were then

    drawn were of the GoTernmeat class , and had . the same bitter prejudices against the Reformers or Whigs , as your das 3 hare now against the poor and persecuted Chartists . You are therefore , Gentlemen , expected to display a rtTnflar spirit of vindictivenessVand to attempt once more the folly of crashing obnoxious opinions by the powers of the law and the terrors of a dungeon . I trust , however , that in this instance at least , our malignant and mean-souledprosecutors -mil find they haTe Tniscnirnir . t ed . But , Gentlemen , does it not appear evident that if sack men as Sir Piancis Bnrdett aud tire others to whom I haTe alluded—gentlemen of property , of education , and of character , could" be found guilty of sedition , aye , and punished fur it too , by iraprisonmeBt and fine , that there must be something

    peculiar m this offence—something which distinguishes it from almost eTery other legal or moral offence something which not only implies no moral guilt , but may consist with the highest moral excellence ; and I ask you again , wLether it is not for this Tery sedition that they were looked on as martyrs to a noble cause whether it be not this very sedition that has enshrine * their names and their memories in the hearts of their countrymen , to be transmitted with reverence in the pages of history to the latest posterity . G . ntleuien , our own county bis had the honour—sye , the honour we all now admit it to be—of having given birth to one of the most seditious characters of a seditious age , I mean the celebrated Colonel John Ialburn , a mtn of -whom it -was aaid he was a true-born 'RngiuVtwan . ^ 0 nc- r

    COtnted the smiles of a tyrant , nor feared the frowns of an oppressor . Again and again was he brought before the dtar Chamber , for his seditious speeches and ¦ writings against the Government of King "Charles I-: I need not add that he was convicted Ejid cruelly punished . But , Gentlemen , to shew you that sedition is no more than the exposure of Government corruEtioa , this true patriot was again prosecuted for sedition under the Government of Cromwell , the Government he had lent bis fadente to establish , tut which , as in more modem instances , departed from the principles on "Which it W 13 founded , and employed the same mean ani tyrannic arts 13 its predecessor . If , then , I should have the misfortune of having a verdict of guil : y recorded

    against me , it will console me to reflect , that I have bean gnilty of no moral crime , nor legal offence , bat that "which those illustrious men have earned an honourable name by committing . I trust , hotrever , " to tie reverence you have for the Constitution of our country , for ths rights of humanity , and to tha magnanimity of your hearts , that you will be enabled , when you fairly and fully examine my case , to pronounca a verdict of acquittal Let me now , Gentlemen , place the questionfairlv before you . I am accused in the indictment of having been present at a certain unlawful assembly ; aad then and there , by a seditious speech , instigating the subjects of her Majesty to riots , routs , and rebellions , ice In determining this question , von are to be guided only by the evidence which has been riven in Court . This

    ease has been so long pending , and in that time our proceedings have been so frequently animadverted upon bv the local press , thai you , -who do not personally know us , -will have formed some impressions of our character and conduct through the representations of the press . That press has ever displayed the bitterest spirit of hostilty towards us ; it hasuttered the most unblushing falsehoods , distorted facts , and malignantly perverted our reasonings , nntn it has instilled Into the minds of those vrho do not otherwise know us , t > m most idiotic fears aad absurd notions . The press exercises a tremendous influence in the formation of opinion and feeling ,-while , lightly directed , it iB one of the noblest and most powerful instruments ever wielded in the cause of truth and justice , making tyrants and tyranny quail before it , yet

    when wielded by the hirelings of faction , by men having nothing of mind , but its low cunning , men having no reverence for truth , men , who , for paltry hire , will , with the ferocity of bloodhounds , hunt their victims to the ^ ft * th , then this noble instrument becomes a national curse , and such is , but with few exceptions , the character of the press of England . Such iB the press that has maligned us -, such is the press which has" been addressed "to you , and which must have instilled into your minds ( unconsciously } prejudices of an unfavourable nature . Again , therefore , I bag to remind you that yon are to judge ns by the evidence which has been given in this Court . Not all the evidence , that would be Impossible , so contradictory or irrelevant is it , but that portion of the evidence which has either been

    corroborated or not contradicted by the various witnesses who haTe been called for the prosecution . The first charge is , that we were present at an unlawful assembly . Now , what is necessary to constitute an unlawful assembly ? Why , that it shall hare an unlawful object , or , that hsTing a lawful object , it shall take unlawful means to attain that object If ot a particle of eTidence has been given to prore that the meeting of July 15 th had any unlawful object in Tiew . I might , therefore , dismiss this part of the charge at once , bmt I wish to show you , from the evidence of the prosecution , that the object of the meeting was not only a legal and proper one ,- but one that does honour to all who were concerned in it You haTe all , Gentlemen ^ heard of the National Petition .

    —a petmoa signed by one million two hundred thousand of her Majesty ' s subjects — a petition embodying the tales of their wrongs , bedewed with the tears of suffering millions , and asserting , in proper and impressive language , the rights of man , and of English men . That petition had been presented to the Commons of Kngtend , to the representatives of the people , as they are called—the people who signed that petition , and of these these were thousands in Sonderland were waiting with feverish anxiety the intelligence of its reception and its iate . On the 18 th of July , that intelligence arrived , accompanied also by the unexpected and gratifying information that Mr . Andrew ) White , one of the representatives of Sunderland , had given that petition hia support . This Intelligence spread amongst the peopte with lightning rapidity ; and tbe meeting may be regarded more as a spontaneous

    gathering , than s «* regular jneeting . Yet a few hoars previous , a haMfrni was circulated nUKng ihe meeting tar the twofold jsnrpose ot hearing tile fate of their petition , aad al *> to consider the propriety -of returning tfcaaks to Mr . White for his support 0 / the people ' s payer , fhat the meeting was luge p » res the interest which was felt ,, aad atob that he people were influenced by the hallowed sentiment of gratitBdfl for support which they then believed had been rendered , ffhebandof which yon ha-re heard so mich was the band connected with "Wearmonth liron Works , in which Mr . White was and Is ' a-partner * j they attended voluntarily , as a mark of respect to ? their master , and to exp ? ess , in -common with the Test of the working population , their gratitude for the supposed and unexpected support of their claims . With the p «» e « 8 ion that accompanied it or followed it from the place a meeting we hid nothing to 4 o , but what XBOeiJte meeting SAJJlegaJcne ? I » it th * numbers—

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    3 , 000 * What was there in such a number from such a population to excite alarm ? You haTe heard that it was one-third less than the meeting previously held on the same spot The place of meeting—the Town Moor —is a place which is at all times a place of general resort , and especially so on a summer's evening , where , after the day ' s toil , the artizan goes to inhale the fresh sea-breeze , a place where all kinds of social and manly games are indulged In—where , therefore , a large and scattered assembly may at all such times be found-But , Gentlemen of the Jury , what has numbers to do with the legality of the meeting ? Is no assemblage to be legal if more than 3 , 000 ? I am bald to proclaim in this court of law and of justice that the people of England have a right to meet , in any numbers , and ^^ J ^ Y " . ^ ^ 'T ^' S" ^ i ™??^*^* " ^™ 1 ! . ? 5 n ^ e t eard tha t it

    at any time , for any purpose in -which they , a * a people , may be interested . Aye ! and that the more numerous the assembly the more legal and constitutional does it become , because it shows that such meetings are not meetings of a faction , but of the people . There is no limit to the right or propriety of meetings of the nation , but their practicability . I say the nation , and the people of the nation , have a right to meet for any purpose by which they m&y consider the honour , the interests , and the power of their country may be adTanoed . There is , therefore , not a tittle of evidence , not a shadow of reason , not a particle of law , for calling this meeting an illegal assembly , unless it was subsequently made so by some illegal act having been don © by it What was done ?

    Was there any riot , or rout , as charged in the indictment ? No . And no evidence has been given to prove there was—but 1 will not even avail myself of this neglect or omission of the prosecutors , if it was one . It is their duty to prove their own case ; but I will prove there -was neither a rout or riot \ Mr . Williams here quoted some law authorities in exposition of the legal meaning of routs and riots . ) A rout is when an assembly , having an unlawful object , proceeds to accomplish that object , and a riot is the actual commission of it Neither of these was done ; and hence this part of the indictment is not sustained . Etherington told you that he saw no weapons , no arms , but the right arms of the men composing the assembly . How contemptible does the conduct of our prosecutors

    appear in putting Robsou into the box with a view to prove that we had no right to meet on the Town Moor . Why , Gentlemen , if they could have established this , they would vtry speedily have commenced an action for a trespass against us , in addition to the prosecution ; but they were too prudent for that Kobson ' s evidence may , therefore , be altogether omitted—it has nothing to do with the case . I will now , Gentlemen , call your attention to the- evidence relating to the general proceedings of the Chartists of Sunderland , and the conduct of the meeting to its close and final separation . It is alleged that there was the greatest terror and alarm existing in the minds of the inhabitants of Sunderland . Has this been proved ? No . Every witness , or nearly eTery witness , called for the prosecution , have sworn

    they were not afraid—they saw no grounds for alarm . It was somebody else—some parties who * re not here present—some of whose character , station , or existence , w « know nothing—it was some of those -who -were alarmed . But , Gentlemen , are you prepared to return a verdict against us upon such heresay evidence as this ? Why have not those parties been brought into court ? Why have the Counsel for the prosecution , haTing had twelve months to prepare it , not got this evidence ? Why , especially , have they been so infatuated as to put witnesses into the box who disprove their own case ? Tou know why . No gentleman could be found with the hardihood to affirm that he was afraid either of his own safety or of the public peace from our conduct What says Etherington upon this subject ? He tells

    youhe was not afraid , although Hsrdcastle , his employer , chooses to say that he was , and of all men was not Etheriogton the most likely to be afraid of the Chartists ? He had rendered himself- obnoxious to them in his capacity as a reporter , and by his connection with the Sunderiand Herald ; yet he was not afraid , and he does not , I think , appear to be one of boldest spirits . Was he afraid of the public peace ? No ! Be tells you that persons accustomed to public meetings would not have considered the meeting at all alarming . He tells yon that it was quite peaceable ; that at the close of \ he meeting he accompanied the procession ; that they hissed in passing certain places ; but ia a hiss to be prohibited by law ? Is this sound to be proscribed ? If so , you must prohibit cheering

    l ou must stifle the voice of Englishmen , and suppress the mode in which the people of England have , from time immemorial , been accustomed to express their sentiments . Take the evidence of Hardcastle on this point Was he afraid ? No , not personally , he says . He did not lose any sleep ; his health was not injured by anxiety of mind ; and yet be tells you that he believes ha had more reason than any other man to be afraid ! There was no lack of tha disposition to make the case as bad as possible . You , Gentlemen , s % w from the demeanour of this witness , when examined , that he was influenced by the most bitter feelings of animosity against us , and from tho flippant air in which he gave hi » testimony , I thick I may be allowed to ray be would not have scrupled to assert that he

    -was afraid , if be , with all his impudence , could haTe done it But let justice be done him . True , he says he was not afraid , because the magistrates had appointed a large number of special constables , and ¦ when aske-i how he spent the night of the 15 th , hs tells yon that he paraded the town as a special constable , along with other gentlemen . Happily , I can prove this to be a gross , and I hope it was not a wilful falsehood . But let us contrast this statement of hia ¦ with that of Mr . Brown , the Superintendent of Police . He says that no special constables were appointed until after the loth of July ! He tells you that the police -were armed only with staves at this time ; that on this night the town was perfectly quiet ; no street rows , no assuulta , no disturbance of any kind , and that he had

    no fear of any . Now mark this . Who better qualified than Mr . Brown to judge of danger to the public peace ? He is the party whose business it is to collect all information which would enable him to jud ^ e wh ether there was any danger to the public peace . He , in fact , ¦ was responsible for it ; he -would be the party whose duty it would be to ad-rise the magistrates when it was necessary to take extraordinary precautions to preserve the peace . Tet no additions were made to the force , no extra weapons given them . He was present at the meeting , he accompanied the procession to its close , he had only a walking stick in his hand , at the period when the procession separated he was one mile distant from the Statiofi-House , the place where he ought to have b&en , aad where he would have been had there been any

    reason to apprehend a breach of the peace . It cannot be said that Mr . Brown was inattentive to his duties , that he was indifferent to the important trust confided to him -, the only conclusion , therefore , tbat you can come to is . that lie saw no danger , because there was none . Cann tells you that the people hissed in passing the office of the Sunderland Herald , and very reluctantly he admitted , that his partner , Mr . White , was at the door and making grimaces , provoking grimaces , at the crowd as they passed , was tiiis not likely to excite their anger and call forth a hiss ? But he tells you ( and mark this is the third witness -we have connected -vrith the S ' dJiderland Herald J , he tells you that they mad a a great noise , a very loud noise , while Inspector Brawn , -who was only some distance behind , says he never heird

    any such noLse ! Can it have been a great noise ? Who is the most disinterested and credible witness , Brown or Cann ? Turner , another witness , tells you he saw the procession , or raiher he saw a very disorderly crowd , and that we -were amongst that crowd ; he was sure of that , he saw us from a windew the second story from the street , and this near ten o ' clock , in the midst of some thousands he saw us . Oh ! yes , he was sure of that , although he could not tell whether we , Mr . Binns and myself , were together or separate , whether we were inside or outside of this great crowd . He talks alarmingly about the number of weapons he saw , but on cross-examination thosa weapons dwindled into " walking sticks , such sticks as any gentleman might use nothing more than ordinary . " He swears there

    was a number of banners , while others swear there was only one , and that one was inscribed with the ominous words , "Peace , Law , and Order . " Mr . Sharpe next tells you in his examination , that ttere was great alarm about this meeting , that fora week previous great effoits were making to get this meeting up , while nearly every other witness states , they only knew of it on the day it took place , and Hardcastie himself states that he only learnt of it a few hours before it was held—thus clearly proving that all Mr . Sharpe ' s talk about the " great excitement" for a week is not founded in fact Mr . Sharpe has evidently a very confused recollection of the -whole affidr , and his statements , though not intentionally wrong , are , therefore , not to bs depended upon . But when asked the grounds of his alarm ,

    Mr . Sharpe states that it was because tha Chartists were understood to hold and to teach doctrines subversive of the right of property , and the security of person , yet of what value is Ms evidence when he tells you that he never heard a Chartist speech , that he never read one Chartist newspaper , and that he only understands they held these doctrines , because he heard so 1 But mark , Gentleman , he admits that if I had taught such doctrines I must have materially changed my principles and character , he having formed a favourable opinion of both . I will now , Gentlemen , dismiss this branch of the case . I think that you will agree with me that it has not been sustained—nay , more , that the evidence for the prosecution has been entirely in our favour . Gentlemen of the Jury , I now beg your attention to the last , and perhaps the most important , charge in the indictment , namely , the speech which I delivered , and which is described as being seditious , violent / ind inflammatory . But , Gentlemen , I have not only to

    defend my own speech , to prove that it was not seditious , bat you must also be satisfied that the speech delivered by my friend , Mr . Binns , was also of a Similar Character ! for by » clause for conspiracy , dexterously introduced Intothe indictment , the counsel seek to cateh both of as , by any means , and at all hazards . I do not mind this , because I tbiuk you will , on investigation , be satisfied that there is nothing in either of the speeches delivered which can fairly be called seditious , violent , and inflammatory . Gentlemen , on this subject I will quote to you the instructions of Mr . Justice Coleridge , on his charge , his memorable charge , to the Grand Jury , at last Assizes , delivered in this Court I am sure that when I qnete that Learned Judge , I am quoting an authorise which yon will venerate , and wliich the Learned Jjfpge who now tries me will assent to . Speaking of tUe evidence necessary to support a seditious speech , he says , that it is not even any words , senten ces , or parts of sentences , which ia themselves

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    maybe violent , which would constitate a seditious speech , because in the heat of debate % speaker stay readily or inadvertently otter things which he afterwards would regret , but it is the speech as a whole that yon must take ; you must be satisfied that , as a whole , it is calculated to produce the effect alleged ; and hs also adds , that wh < m you haTe not a full report , you must be satisfied that what you have not would not materially modify or alter the character of what you haTe ., Coo yon , Gentlemen , taking the speeches as they are , -without doubt say that they are calculated and intended to produce the effect stated ? I refer yon first to Mr . Blnns ' s ; take the most violent expression in it—the word rebel—examine its connection carefuiy and impartially , and yon can-^^ . ^ f T ^^^ T ^^ because in the h eat of debate % speaker » ay readily

    not put the construction upon it which has been given to it by the Counsel for the prosecution . To rebel does not necessarily mean to rise up in arms ; it may mean —and in its present application it is clear that it does mean—nothing more than a state of opposition , because rebellion is here spoken of as being a constant duty—a Btate of mind , in which the people ought constantly to be—but a rebellion , Gentlemen , is , as you must be aware , one of the most serious and important events , that it requires centuries to ripen it—centuries of injustice to produce it Do you really think Mr . Binns insane ? If he desired a rebellion , would this be his language ? Are rebellions concocted at public meetings ? Away with such absurdity 1 The interpretation given by us is the only one which the word will bear .

    I hare hitherto spoken aa though the whole was a correct report ; but this could not be . Look at the circumstances under which it was taken—tkey were most unfavourable . Look at the admissions of Etherington , the reporter , on his cross examination . I have proved that he has Boinetimea used an affirmative where there ought to have been a negatire . Many other errors have been elicited . He tells you , however , it is substantially correct ; but what evidence haTe you of that ? You hare only his assurance . Is his judgment to be relied upon in the absence of eTidence ? He has told you that Mr . Binns speaks quicker than the ReT . J . Barker ; and yet he could not , under far more favourable circumstances , report Mr . Barker , because he spoke too quick . Mr . Hardcastie comes toward to

    support Mr . Etherington ' s report He tells you he went to the meeting to take an accurate report , or to tact the accuracy of his reporter ; and how doss he do it ? Why , by only noticing the striking passages , taking no others—nothing that might be calculated to soften these . No , no ! he only wanted striking passages—those that had a particular point , the . e were all we wanted ; he took these in long hand , on a dirty scrap of paper which you have seen , and he has the audacity to come forward and call this an accurate report Remember the place where he took them , in the midst of the crowd , where he would be liable to be jogged backwards and forwards , in accordance with the usual motion of an out-door assembly . But where , Gentlemen , is his accurate report of my speech ? Not a word did be take . Why ? Because he said It was too dark

    —too dark between eight and nine o ' clock on an evening in July ! Can youbeliOTe this was the reason ? No , no ! Bat why , again I ask , did not the counsel for the prosecution give you one passage—one solitary passage from my speech—why was there not one single portion taken as a sample of violence ? Why , the question admits only of this answer—that none could be found—none conld be found after all the time that has elapBed . But , Gentlemen , what they have failed to do I must and will do . I maintain that only is there not one passage in it of a violent nature , but that the -whole speech , from beginning to end , is one of the most eolemn and earnest dissuasions from violence that I could possibly give the people . The tendency of the whole speech is , therefore , the reverse of what is charged . [ Mr . Williams here quoted seTeral passagea from his speech in support of hia assertion . ] I here speak of ignorance as the grand cause of ail misrule , of every thing evil , and knowledge the only radical cure for the evils of humanity .

    " Ignorance is the curse of God , Knowledge ^ he wing wherewith man flies to heaven . " Take the resolutions , examine them carefully ; they speak the mind of the meeting , and you -will find them to contain the most solemn and emphatic denial that we have any violent intentions against the person or property of any man . [ Mr . Williams hore read and commented upon the resolutions . ] But , Gentlemen of the Jury , do not suppose that this language was adopted from fear or policy : they express my deliberate sentiments . I cannot now , Gentlemen , do more than allude generally to the objects which , as a Chartist leader , I have had in view .

    But I can truly say , that I have sought that only which , if granted , would promote the highest happiness of all . We have sought nought as Chartists which we were not willing that others should freely share—for ray creed , Gentlenv . n , is that the good of each ia only compatible with the good of the whole- I believe that if the rights which we claim were granted , the happiness of the prince as well as the peasant would be promoted—that the security of the possessions of the rich will be best effected by promoting the welfare and securing the rights of the poor . ( Mr . Williams then recapitulated the leading points of the ease , and concluded as follows ) : —

    Gentlemen , —After having duly weighed the evidence , you must remember the . right which the constitution gives to every Englishman the right to meet , and freely discuss their real or even imaginary grievances . And remember , Gentlemen , that they are entitled to speak of those grievances as they feel them , to use any language , no matter how strong , -which may beat expre&s their grievances as they feel them , and this may be done with safety and propriety , if they do not recommend or suggest the adoption of improper means for their removal . It is not for you , Gentlemen , to say , that we have exaggerated in describing the wrongs and sufferings of the people . Yon must allow for tho difference of opinion and feeling which may existbetween you and as , between yon and those who are called Chartists ;

    having then conceded all that is due to the important and sacred right of free discussion , you must also remember that yon are not entitled to Had uagMilty , should you ever find some ' words or some sentences stronger than is consistent with propriety . I do not deny , Gentlemen , that in the fulness of my heart I may occasionally have used language which in oooller momenta I ¦ would regret , but who that know 3 ought of human nature , who that knows ought of himself , but must confess that this is ail infirmity to which ali < are liable , especially the young , tha ardent , and those whose sympathies have enlisted them in public affairs . Before you can pronounce a verdict ot guilty , you must be satisfied that tho rights of free discussion have been so seriously abused , and that an example must be made ; and , Gentlemen , above all , you must remember , that as those prosecutionshave been instituted for the avowed purpose of creating respect and affection tort he law amongst the mass of the people , you must be sura that you have

    so much evidence to warrant a verdict of guiKy , that such a verdict would be recognised as just and necessary . If you are not satisfied of this , if there bo not that strong and conclusive evidence against us , then a verdict of guilty will only widen the breach that now unhappily exists between tho middle and working classes , the Government and the people , and thus frustrato the object which the law has in view , virtually committing the offence with which we Btaud charged . I must , Gentlemen , in concluding , refer once more to the conduct of the Editor of the Sunderland Herald ; had he really professed the humane feelings for which he claims credit , why did he not oooie and in a kindly spirit point out our errors , and warn us of the danger in which we were involving ourselves ! Had he done this , instead of employing the power of the press against us to gratify his malignant feulings , the evils which he hypocritically pretends to lament might have been averted . "

    Gentlemen of the Jury , —I have now placed the case fairly before you ; it is for you to determine whether I have established jaj innocence , but , Gentlemen , remember the serious duty that now devolves upon you . In your handsis the guardianship of our liberties . I have laboured honestly , though humbly , to promote the welfare of my country , and I trust that you -will be able , with satisfaction to your consciences , to return a verdict of acquittal , but if not , then I can retire to my cell , and there use the leisure which confinement will give me to fit myself , by reading and reflection for further and better services in the cause of liberty . At the close of Mr . Williams ' s address , which occupied above two hour 3 , there was a loud burst of applause in the Court , which was , of course , instantly suppressed .

    SENTENCE . On MeBsrs . Williams and Binns being placed In the dock to receive sentence , and on their being asked the usual question , if they had anything to say why sentence of th « Conrfc should not be passed upon them , Mr . Williams inquired if he could be allowed to make a few remarks , to which the Learned Judge replied that he might , IT they were pertinent Mr . Williams then -obserred that his Lordship would remember that when the Jury bremght in their verdict , they had recommended them ( Williams and Binns ) to mercy on account of tbeir youth ; but he was desirous that a just sentence should be passed upon them , and he Bhonld state that , although young , the course he had taken had not been adopted until after calm deliberation ; neither had he been led away by others , but had adopted the course he had taken from his own convictions ; and he did not , therefore , ask for mercy on account of his youth . But he urged that on the

    grounds of public utility , his sentence ought to be as mild as possible . It was for the public good that sentence was passed at all . The sentiments which he bad , in the honest sincerity of his heart , expressed and maintained , were identified with those of the greater number of the people of this country ; and whether they were right or wrong , the people would look up » n prosecutions of this nature as an attempt to proscribe their leaders , and to put down their opinions . It was , therefore , necessary to be careful , not only in the spirit displayed in prosecutions , but in the sentences also , in order that that impression might be removed . Another reason why he thought th « sentence should be mild , was the contradictions in many parts of the evidenco ; and the witness whose evidence was the strongest , had conducted himself during this trial , as well as on other occasions . ' when in a public capacity , in such a manner as to give very great reason to doubt the pnijy of his motiTes . He would also refer bis Lordship to the circumstance , that when they were examined before the magistrates , it was not deemed necessary to bind them

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    over to keep the peace , a « Ian Which had TBeea almost uniTersally adapted , and which , not being adopted in their case , was a proof of their hating a peaceable character in their own town ; and he thought it ought to ba viewed in a moral as well as in a legal light Considering these things , he hoped bis Lordship would pas such a sentence as Would be best calculated to advance the interests of hia country , which were all he had ever had at heart ; . ., ' . ¦ ' * '¦ ¦ . : - •¦ : -: y \ ' Mr . Binns said that be had no remarks to make ; and the Learned Judge then proceeded to pass sentence , which was , that they should be Imprisoned for six calendar months in the House of Correction In the County of Durham , and that , after the expiration of their term of imprisonment , they should be required to find security , themselves In £ 100 each , and two sureties in £ 50 each , for their good benaviour for two year * a fl « which hM ' ^ « M « rt wiversaUy . depted , muIwhich , not being adopted in

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    THE QUEEN v . WILLIAM BYRNE . Mr . Wiiliam Byrne , of Newcastle-upon-Tyne , was charged with having , at Stockion-upon-Tees , attended a meeting on the 18 th of July , 1839 . and then and there using seditious , malicious , and wicked language against her Majesty and Throne of our Sovereign Lady the Queen . Mr . Grey opened tha pleading and Mr . Temple stated the case . The charge having been made , the following evidence was adduced : — Richard Rayne Henderson—I am a police officer at Stockton-upon-Tees . I recollect that on the evening of the 15 th July , there was a meeting in the Market Place . There would be upwards of 300 present . Therewasagreatdealofshouting , groaniDg , and ench like . I was not there at the commencement of tha meeting , but heard the last speaker but one .

    Joseph Parritt recollected the 15 th July , 1839 Was in Stookton at the meeting on that day . Heard two persons speak . Win . Byrne Bpoke first while he was thero . He did not wait till the meeting was over . He heard very distinctly "We'll take the crown away . " There was a great confusion at the meeting . I can recollect nothing more . Cross-examined—I was brought up to be a shoemaker . I was brought up before the aiagi&irates for hunting with a terrier dog . I was committed : to prison for that offence . Never was charged with an attempt to steal . I was in prison six months . I

    was onangea trom " over the water , " in consequence of having more to do in Stockton . Wm . Bridgewater , a banker ' s clerk , at Stockton , recollected the meeting ; was present at the latter part ot it . Saw the defendant address the meeting . He said they were to arm themselves with swords , and to hide them in suob a place , where no person but themselves could find them , so that no police might come during the time they were at work and take them away ; those who had not swords were to sell their coats and buy them . I was there until the end of the meeting . There was only one speaker after the defendant .

    Cross-examined—There was no particular disturbance at the meeting that evening . While a commercial traveller wasT > eing followed rather tumultuously by the crowd , I heard you recall them and endeavour to prevent a breach of the poace . From what you heard , I would have thought that you were inclined to caus 3 a breach of tha peace , because he said they were to arm themselves , and be ready at a momeut ' s notice . I c&unot say that you said what was to be done with these arms . R . Rayue Henderson recalled—I heard what was by the defendant . I judged that he was the last speaker but ouo , because ou comiuar Bhortlv after T

    left the meeting , out of a houso , I saw the people dispersing . He remained in the house about five minutes . I am certain there was no person who addressed the meeting after the prisoner . I heard the defendant adviso the people to buy arms and have thorn in readiness againat the coming struggle . He said it was possible the magistrates might search the houses for arms , and he advised them to secret those arma in such a place that they might havo them in readtuess at a moment ' s notice . He also adTised them to have them ia such a place that even their bosom friends might not know where they were , but still be able to get them at a moment ' s notice . I cannot recollect of auy thiog else said by the defendant . It is long since these words were

    used . Cross-examined—I am not accustomed to taking notes at meetings . I was some liino in a solicitor ' s office and could have taken notes , but I speak entirely from memory . I believe there was a commercial traveller assaulted . This person threw some money among the people to direct their attention from the speaker . 1 hoard you did every thing in your power to prevent violence . There was eomd windows broken at the Town Hall . I do not khow the reason why or how they were broken . Philip Palfryman— 1 keop the inn called ihe Town Hail , in Stockton . Saw the meeting on the evening ill question . I cannot swear that I saw tho prisoner then * . I heard one person speaking . I saw the people dispersing . The detbndant was a stranger to mo . He is not resident there . .

    Cross-examined—There was a window broken in my house , and I saw a person pass my house and a crowd fallowing him . I was afraid that thero would be disturbance , but , in point of fact , there wa 3 none . I can swear that the mob throw the etoue . I did not see the commercial traveller throwing copper among the crowd , but I heard he did so . Charlas Walker , an ironmonger at Stockton . I was present at tho meeting and saw the defendant there , and heard him say " If we take tho crown from the Queen , the ecoptre from her Majesty ' s officers of state , and place them at the side of the people , do you not supposa that they have sufficient knowledge or power to wield them to the advantage of the country or themselves .

    Cross-examiDed— I was about twelve ox * fourteen yards Off ; between the different sentences there was a cheering , but I believe it would not prevent me from hearing distinctly . I swear that no noise intervened to prevent me hearing . I do not recollect you recommending any particular course to the people . I have no recollection of you referring to auy high authority . Your manner was cool , but your language was occasionally hot . I have uo recollection of your recommending Mr . J coueU as " the good magistrate . " At the time of the examination I had to recur to my memory . To the best of my recollection you used the words I have stated . At the examination , I said I do not swear to your identical words , but they had no reference to ine above sentence . There was a disturbance passed my house but I saw nothing of that at tho meeting .

    Ralph Whitfield , clerk to a Shipping Company in Stockton . I was present at the meeting . I heard the defendant harangue the people . He warmly recommended the people to have arms , and also to havo them secreted in such a manner that the magi &trates when they ordered tho police to search for them would not be able to find them . "If the magistrates wore to order us to disperse now , do not suppose that I would not tell you to disperse , we would disperse , but the next time wo met , it would be under circumstances that would prevent the magistrates from bidding us to disperse . " I was present during nearly the whole of the meeting . The words you used about the magistrates , were almost the identical words . I recollect you using the names of Coke and Blackstone . I recollect

    you saying , w We do not find fault with the possession of property or accumulation of property , but that property does not bear its fair share of the burdens of the state . " I said before the magistrates , that I would not Bwoar to tho identical words you used . At the commencement of your address you had a a good deal of sound argument , but you got warm towards tke end . As far as regards the Charter I thought your remarks were very proper . James Ward , a police officer at Stockton—I do not recollect of any breach of the pease . I saw the people running after a commercial traveller , but I saw nothing more than that . There was a good deal of shouting . The authorities did not order the meeting to disperse . Charles Walker re-examined .

    Mr . Byrne--Mr . Walker , I wish to call your attention to the depositions which yon made at my examination . Mr . Temple , counsel for the Crown—My Lord , we cannot permit any reference to the depositions ; that would come under the form of new evidence for defendant . Judge—Certainly it would . Mr . Byrne—My Lord , this is a very hard case . Here are sworn depositions , which . I tiold in my hand , aad tbough there ara positive contradictions between tha evidence given here this day and these depositions , yet I am debarred from showing such discrepancies . Judge—You may put in the depositions as evidence , Mr . Byrne . Mr . Temple—Then , my Lord , we shall make use of bur right of reply . Mr . Byrne—My Lord , even under this disadvantage , I am determined to use tli 6 depositions .

    The depositions of Charles Walker was then read by the Clerk of the Court as follows : — Charles Walker , of Stockton , Ironmonger , on hia oath saith—I was pre » ent towards the dose of the meeting held in the Market-place , in Stockton , on the 18 th of July last To the best of my knowledge the prisoner was the person I heard Speak . I was at a short distance—on the causeway , ii 1 now recollect , the prl . soner said— " If We were to take the crown from the Queen , and the sceptre from the officer * of State , and place them by the side of tha' people , did t 2 fey not suppose there was sufficient knowledge amongst them to wield them to equal advantage to the country or to themselws

    , " or used words of rimilar import to the above . I heard a great many broken sentences , but could not exactly hear what was gatd , but to the best of my reflection , it had this tendency—to excite the minds of the hearers against their employers , and all in authority over them , designating them as tyrant despots that withheld their rights from them . The tendency of the remarks I took to be not only to excite the people against the GoTernnient , but ; also , against their employers / and the system of withholding from them their Just vaages . I < frink tne remarfcs w&fch accompanied were— " That instead of getting , as at present ; six , eight , ten , or twenty abillinga a week they ought to hate three or four pounds , as their em-

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    ployen were getting an enormous profit from their labour . " I heard the speaker urge the people tf arm themselves ; but I have not any distinct recolleeton of bin expressions . I did not hear the sacred month alluded to ; J only heard the prisoner tpeaJc . I Relieve another spoke qfterMm ; but at I wotthen going amy , I could not recognite the person who spoke after the prkoner The ; meeting was called by W . Brown , by abeo . it ¦ vrae to be hpldeo at the Brunswick Arms . The meeting was not called by the Mayor , or any of the local authorities ; It was called by Brown , who wai the Chartist bellman . , By the prisoner—I do not swear to yow idmtical unrds , I only swear to the general tendency of them . I can understand the meaning of what a mat says without being able to repeat his identical words , Question—How can you form a sentence without a knowledge of the words composing such sentence ? ployen were ^ getting * enormous profit trom \ their Ubour . " I heWdHhe sw ^ ernrw ^ oeoolettarm

    I can only reply in the manner I have before—I can retain the meaning without being able to repeat the identical words . I have a clear remembrance of those expressions , because of their peculiarity . I did net hear very distinctly ; I was on the outskirts of the mob and on the causeway part of the time . At the time 1 heard the observations above alluded to , I was standing on the west side of the street , about twelve or fifteen yards from the Cross . There were cheers during your observations . I am certain there were no intermediate words in the sentences I have stated relative to taking the crown from the Queen , or the sceptre from he * Majesty ' s officers of state . There was not , owing t » the cheering , such a noise as would prevent me from hearing any intermediate words which would explain away or elucidate the sentence I have above referred to relative to taking the crown from the Queen

    and the sceptre from the ministers of state . / qan swear you used ihe words , crown—Queen—sceptre—take away—ptaoe by the side of ihe people . The sentence I have above alluded to was , to the best of my knowledge , formed and spoken by you . J was not witness to any riot or discord at that meeting . If the persons who were listening to Mr . Byrne were chosen to be guided by his advice , I should say it was a meeting having a tendency to create alarm , and endanger the public peace . I did not hear yoa request the meeting to keep order and peace . I do not remember you making any ftllusidn to the chief magistrate of Stockton , Thomas Jennet , mayor . I have not auy knowledge that that meeting was , called by a requisition to the chief magistrate . I did not make any memorandum of the words in writing . / am dependent on memoryjfyr the observations I have made .

    CUABLES WALKEB . Charles Walker was here cro&s-evamined by the defendant Mr . Byrne—Mr . Walker , you swear on this day that you are positive I made use of the identical words touching the Crown and Court ; yet , in the depositions before the magistrates you said that you could not swear to those being the identical words used by me . How can you reconcile this contradiction ? Witness—I di < l not allude to that sentence ; but to the general matter contained in your speech . Mr . Byrne—This is evasion . Was not my question to you directed to that sentence particularly , and your answer had reference to the same ? Witness—I swear positively' that you used those identical words . Mr . Byrne—During the long time that you were listening to me , did you hear no other observations but ¦ w hat you have atated ?

    Witness—I think you said that your last act would be to carve your epitaph on the brow of a tyrant . Mr . Byrne—Will you swear this ? Witness—Well , I am not quite sure that you said so . I might have heard it from some person in the crowd . This closed the case for the Crown . Mr . Byrne now rose and commenced his defence—My Lord , and Gentlemen of the Jury , I feel myself placed in novel aud unpleasant circumstances . Totally unacquainted with the technicalities of the law ; called , for the first tirua in my life , before a bar of justice , and , moreover , on ' yjust recovered from severe illness , I labour tinder peculiar disidvantages . It may be-asked , why , under those circumstances , do I defend myself ? Gentlemen , it would , perhaps , be painful to me . and is

    unnecessary for yeu , to know all these particulars ; suffice it to say , that necessity compels it . There is another , and , in my mind , a powerful motive , to this course . My Lord and Gentlemen , it is this : —Iconskier that if a man has sumcient ability to bring himself into the position in which I am placed , he is morally bound to use it in hia defence ; and that any other course woutd be unmanly and dishonest . My Lord , I am happy that matters have so fallen out that my case has come before a functionary of such high repute as your Lordship for the calm and dispassionate discharge of your duty . Gentlemen of tho Jury , I am not acquainted in the slightest degree with any of you ; I have , therefore , refrained from challenging , as , under these

    circumstances , such conduct would be invidious towards you . Gentlemen , I have to request of you to banish from your minds all party foelings and prejudices . I know the difficulty of doing so—but I also know that it is possible to be doue—and that it is the duty of men placed in your situation to forget everything you have heurd out of doors . My Lord and Gentlemen of the Jury , the learned and talented Counsel for the prosecution has stated the case with considerable fairness , but I am sorry to be obliged to say not altogether free from exaggeration . Tho Learned Gentleman has referred to certain disturbances in the county , but in all the evidence adduced this day , there is not the slightest link of connexion established batween such disturbances and my case—this is , to say the least of it , highly

    unfair towards me . There is another point which 1 consider as an advantage taken of my ignorance of the law . If I allowed the witnesses for the prosecution to give their testimony here this day without questioning them upon the contradictions betwten such evidence and their former testimony , I should then have the advantage of depriving the Crown Coansel of his right of reply . This , Gtentlemen , is part and parcel of the saute spirit in which the prosecution has been got Up against me . Gentlemen of the Jury , Judge Coleridge , in his charge to the Grand Jury at the last Northumberland Assizes , has laid down the law , and clearly pointed out the course to be pursued in prosecuting for sedition . His Lordship says , You are not to judge of seditious language by a part of a speech '—and he

    instanced that passage in the Scriptures « There is no God . ' If , said hia Lortlship , you take this patt of the sentence or passage , it is , when alone , blasphemy ; but take the context , 'The fool saith in his heart there is noGoJ , ' and it becomes rational , religious , and just . The charges brought forward against me are mere isolated words or sentences , without any visible rational connexion . Gentlemen , you cannot suppose that I would make use of the foolish and uagrammatical sentence sworn to by Charles Walker— 'Take the sceptre from the Ministers of State . ' Why , it is positive nonsense . The sceptre , Gentlemen , is part of the Regalia , and with which the Miuisters have nothing te do . Yet it is upon such trumpery evidence as this that tha charges against me are founded—contrary to sense , and contrary to the l * w , as laid down byone of the servants of the Crown at the last Assizes . I do not like to use harsh language , but I must say that such a course of proceeding iB very discreditable to tho Government .

    Gentlemen of the Jury , this ridiculous sentence , put in my mouth by the witness Walker , recalls to my mind tho line of argument which I pursued at that meeting it was this : —That her Majesty is not the Queen of a free people , but the Queen of a class , " a party , a faetion , and my desire was to see her the Queen of the nation , and the nation free . I have not coma here for desire of notoriety , nor do I consider it necessary to enter into details of those political changes which I advocate ; but I shall fuliy and freely state my views touching the charge brought against me , though in as britf a manner as I shall feel consistent with my safety . Gentlemen , I hold in my hand an abstract of some opinions had from the highest authority on jurisprudence . I shall not take up your time or my own by auy lengthened quotations . I shall merely refer to two or three points which the Chartiste advocate . The first to which I shall call your attention is that touching the prerogative of the crown

    " I . That the sovereignty of this United Kingdom ia monarchical ; not despotic , but limited . ride Bracton on the Laws and Constitution ' of England , book l , andDe Corona , book 3 , Locke , Blackstone , # c . " Here , Gentlemen , you sse borne out my view of the state in which our Queen should be placed in relation to her people . The next to which I shall call your attention relates to the elements which ought to constitute the Commons' House of Parliament : — " VII . That the House of Commons should be Chosen by the full , fair , and uncontrolled voice of the people Of this United Realm , so that the will of the body of the people be , ' in a free and equal Parliament , fully aud Treely expressed and executed . —Vide Disc , on Government byAlg . Sydney ; Statutes of ihe Realm Coke , 2 dInsL ; West Slat 1 st . "

    Gentlemen , this needs no comment ; it is plain , clear and explicit The next point to which I wish to direct your attention is that great principle of liberty which we call Universal Suffrage : — .- "YIIL That it is the inherent , indubitable , and constitutional right , founded upon the ancient practice of the realm of England , and supported by wellapproved statutes , of every male inhabitant of the United Kingdom—he being or ago and of sound mind , non-convict of crime , ^ and not confined under any judicial process—to exercise the elective franchise in the choice of members to serve in the Commoas' House of PartUknent , 'for that which concerns all should be approved by alL '—Wide ? Hen . 4 , 15 ; 6 Hen . 6 , c is : LL . Edw . theConfks&r ; Soot . Instti . ; LL . William the Conqueror ; Taeitul , d * Mor . Geniu ; Col Rot Part . 23 £ dFtff .-l , 12 S 5 . " '

    Here , Gentlemen , is my authority for the advocacy of Univeaal Suffrage . Is ttnot unquestionable authority ? The next point to which I shall refer you is Annual " XII . That by the ancient custom and statutes of this realm , Parliamente 'should be held once each year , or oftener if occasion require ; ' and that by ancient practice , every such Parliament was called and held by new write and elections of the Commons House thereof .-Fta « 4 Ea \ 3 , c U , mo ; si" £ d >» . aib , 1362 ; 50 Ed . 3 . 'Petition that Parliament be held each year , according to statute ? Perfect copy of summons Sir W . Itufiaki and writs in the Towr of London . "

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    . Again we haTe here the highest authority to guarantee us in our views Of yearly Parliaments ; and now , Gentlemen , I sbftll make toy tact reference , namely regarding the right to possess arms ;—"XVIII . That it is the undoubted constitutional right at ( be people of this United Kingdom to hare , use , carry , practice , and train in th » use of arms tat their individual and mutual security , so that the pub li c peace be not thffltebr dirtnrbed . —Fide LL . Edw . Conf . * Sax . Instil ; Bill 6 t Righti , \ W . and M . " AgafawehaTe herethe highest anftority ^ guarantee n « in our views Of yearly Parliamento : ahd ^ f

    Now , Gentlemen , what think you of the parade that the counsel for the prosecution made of the recommen dation to arm according to the constitutional right here laid down . Gentlemen , the prosecutor would fain make you believe that they proceeded merely from me , when , in reality , I was only quoting these great authorities . I had nearly forgotten anotherpointto which 1 must draw your attention . I allude to the observation of some of the witnesses respecting the search foe arms . Gentlemen of the Jury , here is the quotation to which I referred the people : —

    " XXI . That the personal liberty of every inhabitant and subject of this united realm is sacred and inviolable , excepting by due process of law . " —Vide Magna Charta ; 9 th Henry III ., and 35 , confirmations by statute . gentlemen , here is the Great Charter itself proving my position to be correct Despotic acts have been committed , and may be committed again : was it not right to avoid this as much as possible ? There was no resistance to " due process of law ; " no , nothing of the kind . But while the people were protected in the exercise of their constitutional rights , the undue stretch of the Executive was guarded against . Another witness , Gentlemen , has alluded to the observation res * peoting the dispersion of that meeting at the desire of

    the magistrates . Here , Gentlemen , is a proof of the obedience to the laws which I inculcated . The witness went on to state , "That I should say the next time we met it would be under circumstances that would prevent the magistrates from bidding us to disperse . ' * Here , Gentlemen , you see clearly the expectation of those changes taking place in the laws , which would cause the magistrates to recognise the ' constitutional right of public meetings for the redress of grievances All the Ingenuity of legal quibbling cannot make moi 9 of It than this ; and this , you will observe , is perfectly harmless . I shall now , Gentlemen , dismiss this part of the case , and bring before you the witnesses for tho prosecution . Several of these men are policemenprejudiced , party witnesses , if not directly interested

    in getting a verdict against me . One to whom I am sorry to be obliged to refer , is of that degraded character , that I should say the prosecutors have done themselves no credit by making use of such a low wretch Here is a man ( I allude to Porritt ) who during his whole life has arrayed himself against the laws of his country . Oh ! my Lord , and Gentlemen of the Jury why is the pure course of justice stained by this crawling creature ?—why make use of men of this character , who contaminate anything In "which they are engaged T Gentlemen , it is the curse of all Governments ( and I don't exactly charge it against them as a crime ) , that there are too many low and despicable characters to be found , ready and willing to do the dirty work of persecution . This should not be ; it is a gross

    breach of reason—a wound to morality . Gentlemen of the Jury , I shall now lead you to a view of the cas « which may perhaps be new to you , but is not the less just on that account . I allude to the right which every man has to advocate speculative opinions Gentlemen , the right by which you sit there was once a mere speculative opinion . The great Charter of English liberty ( if there be such a thing ) was one * merely speculative . The Reformation by Luther was nothing but speculative opinion ; and , to bring you down to modern times , your own Reform Bill was merely speculative . Every political project , when first proposed , is speculative , and why should any man be prosecuted for its advocacy ? It is an outrage upon all reason and justice ? Gentlemen , I have used the Word

    persecution , and I shall prove to you that I have used it advisedly . To proceed by due course . of law against a man who commits a breach of law . This Is prosecution . But to bring to trial a ma * who has merely advocated a change in the laws—and which change he felt convinced would be productive of peace , happiness , and morality . This , Gentlemen , this is persecution . Will you then be the agents of such injustice ? I hops you have more respect for your character , and the sacred duty which yon are placed there to perform , than to allow yourselves to be made the tools of any Ministry . Gentlemen , whether the principles which I advocate be ultimately found to bo right or Wrongwhether they shall be proved insane or rational whether injurious to Ihe State or advantageous to the

    people—has nothing to do in your consideration of a verdict The great rule of right clearly shows that no man should be subjected to pains and penalties for advocating speculative opinions . Gentlemen of the Jury , have you ever known any persecution produce other than opposite conclusions to that which was desired by the persecutors ? Even error Itgelirthrivea uurter persecution . If your verdict should consign me to a pris » n , do you suppose that would produce the effect of making mo abandon my opinions . No , Gentlemen , the honest advocacy of those opinions have cost me dear ; it has blasted my prospects for years ; it has formed a barrier between me and my parents , whom I revere—for whom I would willingly lay down my life , if it was needed .

    It has cost me toilsome days and sleepless nights , but I have one consolation , which I would not exclwnge for a diadem—an approvipg conscience : this will enable me , Gentlemen , to bear any inconvenience to which your verdict may subject me . Gentlemen of the Jury , I pray you to pardon me if , in the observations I am about to make , there should appear to be anything offensive ; believe me , Gentlemen , I have not the most distant wish to hurt your feelings . Gentlemen , you are placed in the execution of a high and sacred duty : let me call your attention to the mode by which you will properly discharge that duty , and be not offended at receiving this advice from one who , though young in years , is old in experience—one who has had much opportunity , in a varied life , to arrive at just conclusions do not

    . You , indeed , make the laws , but you give them currency ; you do not draw up the deed of legislation , but you set to it the seal by which its authority is completed . If , therefore , that you are called upon to put in execution an unjust law , place your hands upon your bosom , and reject with seorn the attempted slavery . Gentlemen of the Jury , it is but a small thing which I ask of you : place yourself in my position , and I am satisfied to abide the consequences . There is a beautiful and true balance placed by the hand of a great and good God in the human breast ; weigh the cast by this : let your conscience be satisfied , and I care net for the conclusion . Gentlemen of the Jury , I shall quote for you the opinion of some eminent , some great legal authorities , on the present composition of EDglish Juries . Those great ¦

    men say— " That Whereas formerly Special Juries were necessary to give Government the slightest chance of convicting in cases of high treason and Bedition , because no common Jury could be found that would convict , but in consequence of class legislation having degraded the people , and broken down the barriers of the Constitution , any common Jury may now be relied upon , either in cases of high treason or sedition , to return a verdict according to the views of the Government " Gentlemen , the press of foreign countries and , Iregretto say , a portion of our own , havo eagerly seized upon this

    as a proof of the decay of England . Gentlemen , I believe it to be a libel on Britons ; prove by your verdict this day that it is so , and hurl back on the traducer a convincing argument of my opinion , that it is a false and unfounded calumny . Be assured , that , Whatever your verdict may be , it will never alter my opinion . I have done my duty . I taw poverty , misery , and sickness stalking through the land , where plenty and happiness should prevail I advocated those measures which I considered likely to improve the wretched condition of the people , and I have my reward in a conscience void of offence towards God and man .

    The Learned Judge here summed up the case , and the Jury retired to consider their verdict ; in about an hour they returned into Court , with a verdict of Guilty , but recommended the defendant to mercy . The Judje demanded upon what ground they recommended him to mercy ? The Foreman replied on the ground of his not wishing to incite to riot The Judge upon this informed the Jury that if there was no such intent on the defendant ' s part , It amounted to an acquittal , and directed them to reconsider theil verdict . They again retired , and in about three-quarters of an hour returned , finding the defendant Guilty . My Lord , it will be in your memory that the Jury did in the first instance return a virtual Terdict of Acquittal .

    The Judge—No the Jury did not return a Terdict of Acquittal , they accompanied their verdict of Guilty with a recommendation to mepjy , and one or two of the Jury bad given as their reason that you did not intend to create a riot ; but the private reasons of a part of the Jury could not be the verdict of tbe whole . . Mr . Byme then proceeded . He said , this at least showed that they were not all of opinion that hews * guilty , and concluded by saying , my Lord , I can lay my hand upon my breast , and say ttiat during my po ! U tical eareer I have hot done a single act which I can consider myself accountable to the law » , or one having the Slightest tinctnre of moral guilt .

    The Learned Judge then said , that as he bad not , as in the other case , beard the whole of the apeeebet upon which Byrne had been convicted , but onlyisolated extracts from them , he had not the means of judging exactly what he had said j bat as his misdemeanor did appear to be of a milder nature than that of tJw others , the sentence would be milder also . He would be confined for three calemjur months among the fin * class or division of misdemeanants , in the gad of thi * county , at the end of which period he would be required to find security , himself in £ 100 , and tw » sure ties in £ 50 each , for two years . Mr . Byme—My Lord , as I understand there v * some alleviating ciroomBttnces in the discipline as r * gards that class , I thank your Lordship for giving mo the benefit of this change . Mr . Byrne then retired ID custody .

    Untitled Article

    . _ JL ___ THE NORTHERN STAR . 10

• Citation
  • Northern Star (1837-1852), Aug. 22, 1840, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/king-y1kbzq92ze2698/page/6/