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    ft THE NORTHERN Sf AH. „ Sbptembeb 30, 1...

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    The Powell Plot. Trials At The Old Baile...

    ___*_* * P this portion of the statement of the learned « _OBi « l aa there ia to the part regarding myself . It ¦ asn _^ foundation . Mr Kenealey said , that if he was misinformed , he was sorry for . having made the statement . Ur Justice Erie said , the l earned counsel had "trach'better confine himself to the evidence , and Bake his bbservations ' upon the case , rather tban enter info other matters . which were totally Brelavani Mr Kenealey . —The Attorney General had opened the ease _sb an instance of the mild and merciful administration of _tiia Jaw , and he a _' _-eo said that , by this new statute , no privileges were taken from the people except those ol being hanged and disembowelled . He should , however , before he sat down , show the jury that this rew Crown and Felony Aot tfcprifedthem of most important rights , and' that it

    was in point of fact , the most penal act that ever passed the Legislature . They lived ia strange times . ' * , and he considered these prosecutions only one more step by the government to destroy those rights and privileges whioh had raised England to her proud Bosition . among the satiens of the earth . He would _sak them , did liberty of speech exist , in England ? _tetthem remember the miserable prosecutions for -edition . He admittedtha _" a great many foolish _, rash , and violent things were said by those _patties ; fists mild and merciful government , desiring their _happiness , would never nave prosecuted them with aach severity ; bnt itwas evidently the object of the government to put down liberty of speech . Their mht to hold irablio meetings was gone , and tha

    Attorney General hadrakedupaa old Act of Parliament cf tbe time of Charles IL— -a period the most infa-Boas in the history of the conntry—for that purpose . This Act rendered it illegal for more than twenty persons to assemble for any purpese whatever . This hxd bad tbe only effect that coold be expected . The _ toj \ o were not allowed to meet in public , and they were driven to form secret association ! . He implored the jury to defend their rights , and he felt assured the ? would never thiik of convicting the jQTtng gentleman at the bar of the crime of levying war upon such evidenoe as had been adduced . The goverement appeared to be determined to destroy the _Qertiea of the people . At tha commencement of the year , under the pretence of a fear of invasion _.

    ihey had made a large _merease in their army and navy , solely for the purpose of keeping down the _peopleby force _. and to carry out their own tyrannical objects , asd that was also the object of these _proceeufees : _; j If the offence was anything it was high _treaty ta ' t the government knew that juries were too ianest to _coavict of high treason under saoh _cirenmstances : and , therefore , they called it felony , hoping tten 7 to entrap a' conviction . The evidence against Hardy , Home Tooke , and Watson , was much -ftronger than in this case , and yet the jury would not convict them . Why had the offence been reduced from high treason to felony ? It was because in high ! treason tome remains of ancient liberty were left to Ihe _petyle . When a man waa tried foe high treason I

    Sa was entitled to bave copies of the depositions and crpvof tha indictment , and a list of the jurors , so that na might peremptorily challenge any improper person ; and > he also had the right to have two counsel assigned him . All these privileges ware taken away by this new Act _. of Parliament , and yetSir J . Jervw _. _thaWhig Attorney General , told thera H was a merciful act He , however , told them tiat it was a cruelty , and that it was much better thatthe prisoner , and tha thirty miserable creatures Bduded with him in the charge , shonld have beea tried for treason , and have been hanged at once out af the way , if they had been convicted , than to ba fixed _ueder this statute , which . deprived , then of all neb's , and subjected them to be sent for the rest of

    their lives to the most penal colony in her Majesty ' s ffeminians . The Attorney General , either from _ig-• _sfWEeeorsome other essse , had departed from the - * sa aloourse in this casa , and had not said a word ¦ pontile subject of the law relating to levying war sndtbe meaning of the expression ; bat he should apply the omission , and had no doubt that the aots imputed to tke prisoner and his _companions did not -smounttothato & ence . Ha did not mean to deny that their proceedings were criminal and wicked ; he hated with equal detestation to any one present « poa the proceedings of tho Chartists , and their threats of resorting to physical force ; bnt what he ¦ _nctednpon was that , their acts , in this instance , eld _nat amount to levying war , and , although he

    admitted they deserved and ought to ba punished , yet it should be under the Act of Parliament against riotous aud tumultuous assemblages , and aot for high treason . The learned counsel , then . proceeded . at great length to give his definition of what ought to Betaken as a levying of war within the meaning ef the statute . He referred tothe statute passed in ths 25 h of Edward III ., which , he said , ' expressly referred to the act of levying war , in the ordinary tense of the term , by marching in military array and srganuatisn , and said nothing about conspiracy , or compassing , or imagining , the terms introduced into tie present Act of Parliament . There was nothing shout , conspiring in that Act , and no man nnder it Staid be convicted of high treason , as was now

    sought to be done , because some one' bad said some * think _tosomsbedy else ten _months before . , In the reign of Queen Elizabeth , the'act of levying war was -fcfined to be tha seizing by violence any of the Queea ' s / _tastles . or _fortay or usurping in any other maaner tke royal authority , _andheshould show them , ty the highest legal authorities , what had heretofore feenccOTidered a levying of war . ' -: They all knew Bow Magna Charts was obtained—by armed men instating upon their rights . That was levying war . The wars of ths Stuarts—between the houses of York and . _Laniaster—these were all : acts of levying war . Bat did tke _drenmstanees of the case before them _amenntta that sort of offence ? Here were a set of ftoBsh fellows , tinkers , toilers , and shoemakers , meeting together , providing old pikes and swords , and such rubbish , aad that was to be oalled levying war . Why itwas perfectly ridiculous . Lord Coke ; soeof the greatest judges that ever sat on the bench ,

    sad who , by the way , was one of the mostcorrapt men m the world while acting as the public prosecutor , but _i-diacertrinly , wbenhe'hadobtaitted the position he "required , and had all along been working for , made an _exsellt at judge—who was a Tery dishonest Attorney ; General , but who became a very honest man when he was elevated to the bench—he wished other Attorney Generals might be the _ssme—( a laugh )—had elearly and distinctly laid dowa the law apon the ¦ ab ject of levying war . He defined it in the _termsof theandent decisions , and said tbat there must be a rising of the people , with the objeot of destroying all fee prisons , sad releasing the prisoners , or of _effecting any reformation of their deeds without Warrant , a * of taking npon _thsmsalvestha royal style or authority ? . tVaa thera anything of tha sort in this esse t Only let the jury fancy Cuffay and his respectable wife assuming the royal stole and authority . ( _Alangh . )

    Mr Justice Erie observed thatthe learned coon . sel did not quite give the effect of the decision . The question would be , not whether all , but whether any snob acts were consistent with the proceedings of the persons accused , sod whether they were likely to result . The assumption of royal authority might tie inconsistent with their proceedings , bat was it _iaoen-asteatto say that Mr Cuffay might entertain theintentionof Breaking open the goals and releas ing the criminals . ¦ Mr ' Kenealey proceeded . His lordship would eventually state to tbem his view' of the law , bat in his opinion the charge of levying war was not nude oat . _'< ' Lord Coke said that there was a very great distinction-between the ; offence of riot and

    to-EinKoous assembly and levying war . Now , be admitted these people had committed an offence , aad thai'they ought to be punished , but what he said was ; they were not gnilty of the crime ef levying war , and he hoped the jury wonld say bo by their verdict . He then went on to argue that , in order to constitute a levying war , there must be a rising for a- general object , either to destroy all prisons , all enclosures , meeting houses , & .., to constitute levying war , andthat , if the intention was only to do any one _partiealar aetofde 3 traotioo . it Woald not amount to ths offence . He cited the case of the DnVe of _Northumberland in the time of Henry IV ..

    wi : i ' , ' when hisson Hotspur was in arms against the K < nz . marched out with a large army , aot certainly " oinia ? the _instu-geuts , but leaving very little doubt what his intentions were . Upon his son being defeated he retired to hiB own castle ; and upon his case- being referred to his peers , they foand , by their terdtet _, that the set he had committed did not amount to high treason , bat merely to ' a misde _-aeaoour . M _* Jastice Erie here interposed , and said it would be Ms duty to lay down tbe law to thejury . The law -was the result of great learning and full and general inquiry , and the statement of small _feolated passages was only calculated to mislead the

    jury .-Mr-Kenealey . —Am I to . understand that the jury-are not to pay any attention to these / acts ? Mr Justice Erie—I have stated what Imean . M > Kenealey then referred to the trial of Hardy , and sad tbat in that case there was evidence to show a military organisation , and the evidence was altogeUie _? much strenger than in this instance , and yet the jury acquitted him . He would read a portion of tha _erVlence . M _* Justice Erie stopped the learned counsel , and said he was elearly of opinion that ha had so right to read -any passage from a former trial , or the decision of any former jury . It was coatrery to all legal _preeedenfto take such a coarse , and it was only calculated to mislead a jury , because they had no means of knowing what other acts were adduced , or what explanation was given of such passages .

    Mr _^ KJaaestey ••' _thea-weat on to urge that ths jffsnee did not amount to levying war , aid contended that their acts did not amount to high treason , ' and that it _waaidle to suppose these thirty foolish persons rally entertained tbe Intention of destroying the wb _^ leimetro poliBV He charged ths _government-with getting up _tlaplot _, and said itwasrtheirdoty , when tteyrer » rW'inf « matioa' ofwhat was going on , to havecu'bedthesemherab * _^ men in their proceedings and _riothiveencourajed them to _weceeay _aaA _Hn-n seise them as traitors . An honest government

    The Powell Plot. Trials At The Old Baile...

    would never _condescends empUy spies andinformen as _tbegovernmentiad _donejathiajasa . ; bat hesaid itwas dear their objeot wa 3 to put down the Charter by these means ratber than by honest and open proceedings . He then commented upoja the conduct of the approver , whom he stigmatised as infamous and unworthy of belief ; and he eaid thatthe statements which Powell represented were made at one of the meetings , that it was their , intention to pdt down the power of the Queen and establish a Republic , was suggested by the police . The conduet of the polioe was pretty well known , and they had plenty , of opportunities of observing their proceedings in a court of justice , and how little regard they paid to aa oath when their objeot was to obtain a coaviotion .

    Mr Jastice Erie told the learned counsel he had no right to slander a body of men in this manner , and he added that he had observed the persons -who were moat ready to slander the police were generally the accomplices of criminals . Mr Kenealey . —Does your Lordship apply that observation to me ! Mr Justice Erie . —I apply it generally . Mr _Kenealy then proceeded with his address , urging that it was dear the plot had been got np by the police , andthat Powell was obliged to swear what he did , or else his occupation sb a spy would be gone .

    He oonoludedby calling upon the jury to teach tbe government a great and important lesson by their verdiot—that they woald show them they were not to pnt down the Charter by such infamous practices as these—that they would by their verdict refuse to sanotion the employment of suoh wretches as Powell to entrap poor man tothe commission of crime . If they did net do so , and they returned a , verdict of guilty , he coold only express his opinion that , by so doing , they woald strikes deadly blow at the liberties of their country . The _following witnesses were then called for the defence : —

    John English ( aid : I know the prisoner . The paper ( produced ) , in whioh . were inscribed a number of words and signs Ua . oopy . of a paper I gave to tbe prisoner . I swear that it his . nothing to do with Chartist proceedings . I addptebVthese signs because I had reason to believe my letters were opened at the Post-office . '" Cross-examined by the Attorney General . —I . am a lithographic printer . I bad lived in East-street , Manchester-square , for a week before I went to Ireland . I was in Ireland about five weeks ., I occupied another lodging for two or three weeks . before I went to Ireland . I gave the prisoner , this paper before I left London . I was ia Tipperary , Dublin , and Kfldare . I was not at Slievenamon .

    I am an Irishman—at least , Xwasborh in London . I am an Irish _Confederated Tdoh't know whether the prisoner is a Confederate . I suppose he is . My letters , I believe , were opened . -1 don't know that I was a suspected person . I only went to Ireland to see my mends . Will yoa just explain tho meaning of those . words on the paper . Pikes , rifles ,. , fire , ; barricades , Mahoney , O'Brien , Slievenamon , poison , victories , kill English ? As I understood there was a rising in Ireland , I thought I would give my friend information what was going on . But why should you wish to do so by means of . secret symbols ? It was a short , hand . I did" not want my . letters to be opened . Then yoa swear that , going as yon wars into the very middle of the disturbed districts _, yoa made tue of these symbols solely for shortness ? I do , and because I thought my letters woald be opened . Why should yoa nn cyphers if voa bad only the honest purpose in view ef giving

    your friend information ofwhat was going on ? I did not wish my letters to be read .. Will yoa explain the meaning of tbe shorthand writing at the bottom of the paper ? I don't understand it . Mr Kenealey . —On your oath had yoa any disloyal object in going to Ireland ? I swear I had act , Mr J . Atkinson , law stationer , said—I have known the _prisener twelve or thirteen months . I always believed bim to bs a loyal subject and never heard him make use of any disloyal sentiments . Mr Gilbert said—I have known the prisoner nine or ten years . He was not a Chartist in politics . He did not agree with the Charter . I never heard him express any disloyal sentiments in private . Cress-examined by the Attorney General . —Did yon in public ? I cannot say . 1 knew tbat he was an Irish Repealer and tha secretary to the Davis Club . lam an-Irish Repealer myself . I have heard him speak in publio , but he never made use of any disloyal sentiments . ¦ .. — . : >

    The witness was pressed to give an explanation of the first _answerviwihad given , making the distinction between private and publio , but he appeared unable to do so . . .. James Barry , a journeyman tailor , said—I have known the prisoner seventeen months , I was a member of a Repeal Club , the prisoner I knew as the secretory of the Davis Club . That dab never appointed a delegate to the Chutists . The roles of the dab were settled by two eminent counsel , Sir Colman O'Loghlen and Mr Holmes , and they-were revised by Mr _Anstey , M . P . for Youghal , and he was a member of the club . The Davis Club was subsequently dissolved , aad merged into aa association called ths Irish League .

    C «» -examined by tht Attorney General . —I was a member ef the dab for fifteen months . At one meeting , Doheny , an Irish barrister , made a speech , which was very muoh applauded . He is the aame person who is now'oaf in Ireland . _^ 1 do not think ha was a member of the Davis Club . A man named Crowa was a member . He was tried and convicted _forsedition . I was at the same meeting , bat I don't know whether the prisoner was there At that _meetitt I read the paper in whieh the expression wai Qscd _, ' To hell with the Qaeen / It was a report of a soldier being token info custody in Ireland for using the' expression . I am a toiler . I ased to ' attend the Repeal meetings at the Chartist meeting horns in _Dean-itreat , bat we had nothing to do with the Chartists , and I was not present at any meeting when Looney wis sent as a delegate'to the Chartists . I heard tne speeoh for whieh Looser

    was eonvictod of sedition . I never bought any aims , hint I onoe raffled a musket . Where did you . get that from ? My brother _gereit tome . What for f He said he did not want it , and I might have it and _nfoeitif I pleased . Theayou raffled ttte get rid of it ? Tes . At how much a member ? One shilling ; there were twenty-eight members . ' And who won it f It was an Irishman . I don't know his turns . Was he a ! Confederate ? I don't know . Do you know where he lived ? I do net . Who were tbe members of the _rsffls . Were they Confederates ! I dont know . Give us the- names of soma of them S Tke witness mentioned three or four , and , on befog pressed , he admitted that they were Irish- _Canfede ratea . Give ns the names of some more of the members ? I object to say any more . I consider it a private matter , and that it has nothing to do with tha case . ' ..- : _; _-7 _,. ;

    M . Le Plastrier , watchmaker , in Chancery-lane , said ha had known the prisoner for some time , and ha had never heard him make use of any disloyal expressions . ¦ - This was the ease for the prisoner . The Attorney General proceeded to reply , and after commenting on ths attack made npon him by Mr Kenealey , said , with regard to tne eiroumstances of theproseoutioD _. he would only observe that _hehepeiitwsTild bealesa ' m to persona wbo con * spired together for sach objects , that tbey could not do it without having traitors among them to expose their designs . The naw statute only took : away the ' glory' of a state prosecution , and reduced the charge to an ordinary felony . Hhs bad been tks vindictive _psosseuJBr that . ha was _rspmeatod to te , he had plenty of opportunity afforded him by the ¦ oircam _stanees of the case to have _aiade a stronger statement to the jary . Now with regard to the taw . The prisoner wasdurged with two acts ; first , conipiring to levy war with intent to pat constraint npon her Majesty , and compel her to change her councils :

    and , secondly , to depose her Maiesty from the style au & . title of Q , _teen of the United Kingdom of Great Britain and Ireland try effecting a Repeal of the Union between the two countries , and if the jury believed that any of tho overt , aots which had been proved were in _furtharanoe of that design , it woald be their duty to find the prisoner guilty npon ths _Present indictment . The eases that had been cited y the counsel for the defendant wen totally inapplicable to tha case . The act of levying war did not eonrdst in marching in numbers and with military display—three or fonr persons might , in the . eye of the law , levy war , if they committed certain acts . The argument for the defenoe that unless a general and universal object ef destruction existed it wasnot a levying of war was abturd , aod he was net surprised that these misguided men shonld aet as they did when their leaders gave them such an interpre tation of the law . '

    Mr Kenealey said he was bo leader of the Char tists . The Attorney Geaeral did not say that he was . What he did say was , that ha was not surprised if these people were told that they might burn Limeriok , or Cork , or Waterford , aad that it would ba no act of high tressM if Dublin or any other city remained . So tbat they might massacre the whole of the London _pollea , bat if they did sot kill ths rural polioe , it was 90 act of high treason . It was his duty , In contradiction to such idle statements , to toll _thsm , however , that if people rose in numbers to do any publio injury , cr to oppose by force the authorities and tha government , it was treason , and he _eoBrahendsd tiers weald be bo doubt oa the

    point "; Tha Attorney General then referred to tne testimony of the approver , and said that the coaasel for the defendant had said ha was unworthy of belief , because he had not given information to tke police sooner Irban he did woes violence was proposed , bat b » woald remind aim that he himself was present at ai meeting whew _^ _moraVferee was _poitponedto thsdayofjadgmeatby a _resolafionof tha prisoner- and that He did net give any informatiea to tha _goretameat to pat them oa their surd , and therefore he ' thought this snght not to Ba pressed too _lurdly _agaiatt tha _appmnr . Mr Keoealsy hare rose , and said he did not know wha _$ right the _AUorosy _^ _Jsneraliad to . maks . tkesa personal appeal * . Ha had sot made _rmeh _referesoe

    The Powell Plot. Trials At The Old Baile...

    to his private proceedings _^ He had not ' cientiohod the Horsham affiiir _,. _forinstonce ... . n ; Mr Jastice Erie begged the learned counsel to reflect npon his conduot , and on the list _bbservation that fell from htm . . Surely heopaW not think himself justified in suoh a course . He _rnust feel that the privilege of an advocate ought net to be thus Mr keneale y said the Attorney General had made many personal observations upon him during tha case , and had even gone so far as to iay that he Washed for his cohdaoi in presiding « thetaeetiBg ! that had been alluded to , and the Court did net interfere . ¦ . ¦¦ •' ¦ ! .: ' .: - _.- . ..

    Mr Justice Erie said that the remarks made by the Attorney General were founded upon the evidenoe , and he was quite justified in making them ; . The Attorney General then proceeded witn nls reply . He could assure the jury he had . no wish to be personal , and desired tooonfine himself entirely to the evidenoe . Observations bad been made upon the oondaot of the approver , aud he was desonbed as being unworthy of belief , and he was . bound , to pat the matter before the jary .. He wished thsm to understand that he did not with to screen ihe accomplice ; he might bean infamous person or _. not , but the question was did his evidence and the corroboration he had received make out the guilt of the prisoner ? The government did not desire to employ such persons ,

    bnt tbey had no alternative . What coold they do when they received information tbat a ; dangerous conspiracy was in existence bat get the best evidence they could to make out the case against the parties concerned ' What woald tbe public have ml if they had refused to interfere because the information came from a contaminated source , and the result had been the destruction of the lives and properly of peaceful _citic'ns ? Woald they not have blamed the government and considered it an worthy of snob a name f It W as impossible to obtain nncontamlnated testimony In such a case , but it appeared to him . that the _evidenced the approver had been confirmed in suoh a manner io-almost every particular as to leave ha

    doubt of its truth . ( He then commented upon the evidence for the defence , remarking particularly apon the portion of it referring to the secret signs to be made use of ; and he asked them whether it was possible to suppose that this could be intended for the honeBt purpose represented , and he concluded bis reply by expressing an opinion tbat the oase bad been duly established , andthat thejury would fed it was their imperative duty to return a verdiot of guilty . At the close of the address of the Attorney General , the farther consideration of the case was ' _adjourned to Monday morning . Tha jury were again taken to tha London Coffeehouse where they remained in the charge of an officer : ' " .

    Moiroat . —Tbe learned judges , Mr Jastice Erie and Mr Jastice Williams ; , accompanied ' by Mr Baron Piatt , took their seat ' ? on the bench at ten o ' clock , and the prisoner Do wliog wm immediately after wuda placed at the bar .. ' . ' ., Mr Justioe Erie then prooeeded to sam up tha _oasetothe jury . The learned judge said they had now arrived at that stage of , thu profs-acted inquiry when it became his duty , tolay before , them _thoevidence that had beea adduced iu support ef the cbarge aud the law relating to it , and he felt assured they would give tba matter that calm and deliberate attention whioh ita importance deserved . . As , some time elapsed since the evidenoe was ; given , and as many matters had been introduoed ) whioh were to *

    tally irrelevant to the question , whether the prisoner at the bar was guilty ar not ,. he proposed first to stato the nature of the charge ,, and explain the law relating to it , and he woald then read over the whole of the evidence that had been adduced in support of it , and ; he woald at the same time remind them , although for _gentlemin of tbeir station it was possibly _aanecessary that he should do so , that they must bo guided in the decision they came to entirely by the evidence , an _$ the evidenoe alone . The indiotment charged the prisoner , William Dowling , in ths trst _Jnstaace , " generally , with conspiring with seasons whose . Barnes , were given , and . with other persons , ' to levy war against our ' Lady the Qaeen , within that part of th ! e realm called England , ia order

    by fores and constraint , to compel her to ' change her measures and counsels . ' This was the firat part of the charge imputing a criminal intention to the prisoner to levy war' against the Queen ; ahd the remaining part of the oharge conustod of overt ' acts , that was to say , acts , done by the prisoner , or . by the other persons associated . with him , for tha , purpose of executing the intention ascribed to him . The Jury must ba satisfied ; of the existence of the intention , and that it was proved by the evert aots given in evidence . He woald how explain to , them the law with regard to the offence or charge of levying war . The expression 'levying war , ' had been ased in the statutes for many years , and its legal meaning was perfectly understood by those engaged in the ad-¦

    ministration of the law bat it was rather different to what wonld be understood by the term , in common parlance . Tbe term' war' might be understood in a variety of ways , and he would state wbat waa his Interpretation of the term in a legal sense , " If they should believe that the prisoner had the intention to assemble with numbers of persons armed , and prepared-to resist any opposers ahd to prevent the government from the exercise of any of its lawful powers , those acts would be a levying of war . It was not necessary that the persons so assembled shonld be in military array , or exhibit any military discipline , arms , or banners ; and itwas perfeotly obvious that a large body ef undisciplined persons possessing snoh arms as they might be enabled to

    procure , wonld , be capable of effecting a most formidable resistance to tha authorities and the government , and the law dearly considered snoh- an act tantamount to levying war within the ' meaning of the statutes . They would observe that the crime merely consisted in the intention of the parties , and therefore the offenee might be completo although no _aotoal csnfliot took place . The distinction ' between these charges consisted entirely in the objeot for whioh the parties assembled—if they assembled for any particular er private purpose , from a dislike to one individual , and in a building , it woald be a riotous assembly ; but , if the aot intended was of a publio and , general _onaraoter , ' then the same proceeding amounted to a levying of war upon the crown , ahd

    he would remark that it was dear there could be no more pablio object than to endeavour to oppose the government and [ pat constraint npon it . This was the intention imputed to the prisoner , and in bis opinion it did not come within the scope of an indictment for riot ; but if it sbould be made out to the satisfaction of _thejury , they would be justified in finding the prisoner guilty upon this count . If they _belteyed the intention was , by force , to ' interfere with the free action of the government in any way , it was a levying of war , If the object was tocompel the government to grant wbat was called the People's Charter , or to compel a repeal of the statute for the union of Great Britain and Ireland , or to interfere with and embarrass the government in the disposition of the

    treopB _, or in any way to paralyse' and embarrass the government ia its actions—all these aots ware clearly a levying of war . So alio if they believed it was the intention of the prisoner and his companions to make an armed insurrection in the metropolis , that woald dearly be an act of opposition to the government , and the offence would be complete ! This was the maimer ia which he _explsiaed the law with regard to the criminal intention , and . he woald describe this put of the case as an ' armed insurrection against the government of the description to which he had alluded , and he ' _shduld 'leave to them the question whether this part of the oharge had beenestabtiihed . Having alluded to this part of the charge he woald sow state the law with regard tolhe overt acta .

    The law required in indictments . of this description that overt acta should be stated in the indictment , and that those overt acts shonld be made oat to the satis / action of the jary ; but although several overt acts might be stated , it was sufficient that one of them should ba proved , if the jary should be of opinion that the aot wbioh was proved left no doubt ef the criminal intention of the prisoner , and they would be justified in convicting him if such an aot was made out . Ia the present instance , four overt acta were stated in the indiotment , and with regard to one of these aots , he apprehended that if the jury should be of opinion that it had been proved , they woald entertain no doubt that the prisoner really entertained the criminal intention imputed to him .

    With _regard to the law upon the subject of conspiracy , it would be necessary for him to stato that when it was clearly proved that two or more persons were engaged . in an unlawful combination with other persons , the moment the fact of the conspiracy was established , the i > ot of one of tbe parties was the act of all , and they were all bound by the acta of eaoh other in furtherance of the original illegal objeot . If therefore , the jury should _oonsider it to be proved * that the prisoner did aotually conspire with ethers to carryout any illegal objeot after that aotwasestabushed , the act of any of _> his coconspirators would , in the eye of tho law , be evidenoe against him , and would be , and he had nodonbt they weuld thinkproperly so , considered as the actofthe prisoner . It might be that a person would act in saoh a manner as to stimulate others to tumultuous risings , insurrection , and violenoe ; he might provide money , and in point ef faot be the prime mover of the outbreak

    and yet mignt Hot oe tound at the moment it took place ; aad in suoh a case no one oould doubt that he would be responsible for the aots of his _co-consnirators , although he had . himself kept in the baokground . The first overt aet oharged in the indictment was , that _4 he prisoners and the otherscon . spired and confederated together to stir up insurrection and rebellion against the _iQueeaV and to overthrow the government and constitution of the couni try aa by law established . _ JThis was the overt aot to 1 whiek he had alluded , when he said _.-that if it should be proved tothe satisfaction of thejury , there oould be no doubt of the guilt of the prisoner , and it was for them to decide whether the evidenoe made out that charge . The next overt aot oharged was , that the priMn « _ctmspired , eopfederated , < bo ., together , and provided la _^ e quantities of arms , daggers , pikes , pistolMwords , -fa ., aad alarge _quaatifcof ammunition jujd : _ball-cartridge 8 , intending to nse them to fight with ' aod kill the troops of her Majesty aad the po-

    The Powell Plot. Trials At The Old Baile...

    lice wbo were acting in the execution of their duty . The third overt act alleged againitihe prisoners was , that ihey conspired together for the , _pjwqwof burning the p 0 licfrsta , _tions , rallw _^ _-stations , atid other buildings , and ; that . they provided _combustibles for that purpose .. The fourth and lsst evert act oharged the _prisoner and other persona jrith enrolling themselves as members of , divers secret societies , holding secret correspondence with eacbotberVwith theobject ef exciting rebellion , insurrection , and war againat the Queen . These were ' the four overt acta with regard to the criminal intention to levy war , andtheie were all the observations he had to make with regard to this portion 1 of the charge . The second count in the indiotment charged

    the prisoner , with other penoni _,. witti conspiring w depose our Sovereign Lady the Queen , and deprive her of the Btyle , title , and . Royal name of the Imperial Crown of Great Britain and Ireland . He should not allude to what had been considered in foimer times ai an interference with the Royal authority , because be considered it was unnecessary for him to do so ., He wouldonly obBeryethatif they considered theevidence established an intention on . the , part of the prisoner and his companions to subvert the monarchical _instittttion in England , and establish some other form of government in its place , that would undoubtedly amount to the charge contained in the indictment of intending to depose the Qaeen ; so , also , if they should believe it was the intention of the parties to - *• . a ¦

    sever Ireland from this country by foroe , it would make but the other charge ef conspiracy to deprive her of her Royal style and title of Queen of the United Kingdom of Great Britain and Ireland . If , therefore , they should believe that the aots done by the prisoner were in furtherance of that intention or either of those to whioh he had just alluded , the second count of the indiotment wonld also be _esta > Wished . In reference to the oharaoter of the conspiracy , be would observe , tbat if it should appear that a number of persons conspired together to resist the government generally , bnt tbat some were desirous to overthrow the government altogether , and establish a republio—some to obtain any particular measure , such as the Charter—others perfeotly indifferent to what happened in England , but merely

    desirous ! that Ireland should be severed from the British empire—if they all agreed to co-operate and carry ' oat their geaeral purposes , all parties concerned woald in the eye of the law be considered as adopting that general purpose , and would be amenable to the present charge ; and the circumstances to which he had alluded would be very ' good evidence , from which the jury might infer the ' gnilty intentions of the parties ; The same evert aots were introduoed in support of both the charges , and the jury would deoide whether those acts were proved , and ; whether they established the intention imputed to the prisoner . The learned judge , having made these observations , proceeded to read oyer the whole of . the evidence that had been adduced on behalf of the prosecution , and he prefaced the evidenoe given by Powell by stating , ' that , although he had been

    described as an accomplice , yet , if the jury should believe that , after the 10 th of April ,: when he became acquainted with the violent designs and intentions of the Chartist body , he honestly separated himself from them , and assisted _inifrustrating their evil intentions , he ought hardly to be looked upon as an accomplice , bat rather deserved commenditioafor his ; conduct . It was , however , dear that he had acted with deception towards the parties _^' and that , while apparently acting with them , 'he hid been in communication with the police , and , therefore , no doubt his evidenoe ought to be regarded with suspicion . There was a very proper feeling in the breas fi of Englishmen upon the subject of spies and traitors , men who fomented plats and induced innocent

    personate join in them , and no doubt suoh conduot was properly looked npon with disgust ; bat it was a very different case-where a man having joined with guilty persons repented and gave information to ' enable the government to frustrate their _deigns , and al . though he might afterwards pretend to go on with the original design for the purpeae _; of making cat the oase , and _pumshiBg the guilty , but having , ia reality , no intention ; of furthering ; the evil . design , and he . considered that suoh a man rather de * er yed credit than condemnation . ' ¦ Having gone through the whole of the evidence he said that the counsel , for the prisoner , he regretted , at the commencement of his address , had made . a strong personal attack apon the Attorney

    General—he did . not wish to censure , bui he certainly regretted that the learned counsel had adopted this course , as he considered that in a court of justice , especially on suoh , a solemn inqairy as the present , _peraons . 1 attacks of that character ought not to have been introduoed . He likewise considered that the learned counsel was hardly justified in commenting apon the proceedings of the legislature and in stigmatising as athad law an aot of parliament that had received Us solemn sanction . He did not see that there was any ground for the complaints that had been made regarding this act . It merely declared that an offence which formerly amounted to the crime of high treason should be treated as an ordinary felony , and abolished' the . capital _punishmsnt , substituting

    'transportation in its place , it appeared to him that under the circumstances , no one could say that this was a wanton prosecution , and it-seemed to him that it was awry proper case to be submitted to a jury . Itihad been said , also , by the counsel ior the prisoner that the prisoner ought to have been indicted for riot , but it was his duty to tell them that the evi . dence whioh had been adduced wonld aot support a charge of _> that description . The meetings of the parties were all held in private—nothing like a riot occurred , and there , was no evidence to support a charge of riot , although saoh meetings were dearly in furtherance of the ether design imputed to the pri . soi-ers . The leaned Jadge oonduded by stating to thejury that they ought to pay no attention to the observation of the defendant ' s counsel with regard to

    the result of this inquiry being lookedferward to with interest by _foreign nations . They had nothing to do with any saoh opinion , nor with the evidence that had been , given in other cases , or the decision ef other juries . It was their duty to be guided solely by the evidenoe that had- been -adduced ia the case before them , and to decide whether _tuBteTidenoe inpported the oharge against the prisoner . If it was their opinion that it' did , they would say so by tbeir ver * diet—if . they had any reasonable doubt of the' faet , the prisoner ought to bave the benefit of suoh doubt , and it should be their only object to give a decision whioh they believed to be founded on _the'truth , and byithat course alone oould they hope to reflect with satisfaction upon the result at whioh they would arrive in this oase . ¦ ' " _*' ¦

    The jury retired at ten minutes to one o ' clook taking with them all the papers and documents that had been produced in evidenoe .

    TRIAL OP WILLIAM CUFFAY , LACEY , AND FAY . William Cuffay , Lacey , Fay , and Mullins were then arraigned at the bar . —Applications were ' then made by the counsel for the several prisoners to postpone the trials of Lacey , Fay , and Mullins . That of Mullins only was postponed-The indiotment against the _prisoners , whioh was in precisely the samo form as the one against Dowling , was then read , and the prisoners were called apon to plead . They all pleaded Not Guilty in a loud voice , and Cuffay added : ' I demand a fair trial by my pein _. acoetding tothe principles of Magna _ChttrW . _'The prisoner Mullins was then removed from tke bar , .. J -ti- i . _ : _ i ., _il . -. t . ' ...... . . J tun iriai oi tne oiners

    auu pruutjeucu _. Upon the name of the first juror being called , Mr Ballantine renewed the application made by Mr Kenealey . on Friday , that the juror should be sworn , and that he should be permitted tb ' examine him upon the voire dire . The prisoner had a rightto know whether a person whe was callod as a juror to try him Was actuated by any improper motives . —Mr Huddlestone and Mr Parry made a similar application on behalf of their clients . —Mr Baron Piatt , after some _disoussien , said he thought the first step to be taken was to place twelve gentlemen in the box , and this was accordingly Mr Huddlestone then applied formally to the court on behalf of Cuffay , that the whole panel of jurors

    summoned to attend at the present session should be read over , in order tbat the prisoner might see wbo appeared . In support of his application he cited Townlejli case , reported in _« Chitty ' s Criminal Law , ' Daze 568 , where that course was adopted , and in reference to whioh Mr ( afterwards Justice ) Forster said this was done after a much longer debate than the matter deserved . ( A laugh . _V The Attorney General said he did not objeot to the panel of jurors being read over . Mr Straight then prooeeded to read the entire list of jurors who had been summoned , and when he had read a considerable number of names , Mr Ballantine said he thought it right to state that it was the intention of the prisoners to sever ia their challenges . — The Attorney General upon this said that as he did not think there was a sufficient number of jurors summoned to ensure a proper jury if the prisoners

    were tried together , he should take the case of Caffay first . —Mr Parry said there were a great many other jurors . —The summoning offioersaid that two hundred jurors were ia attendance ia the avenues of the court but there was not room for them within it . —Bsron Piatt said they mast come into court , and get places as well as they could . —Upon this announcement the court was immediately crowded with jurors , and Mr Straight was engaged for a considerable time in reading through thewhole list . Upon the name of tie first jaror being oalled , Mr Ballantine challenged him . —The Attorney General said he had already intimated his intention to try the prisoner Cuffay alpae , and as Mr Ballantine did not defend that prisoner he ought not to interfere . — Baron Piatt told Mr _; Ball * _ntinothai _ashedid not ap . pear for the prisoner _Cafay he could not be heard . — _Mr'BaHa ' _hliue . ' _Wtr I io appearfor Caff » y . _« One

    The Powell Plot. Trials At The Old Baile...

    or two jurymen were then challenged peremptorily by the learned counsel . '¦ ' ¦ . When _thetame of John Pickworth- was called he was challenged by Mr Ballantine , en the ground that he was not indifferent between the-orown and the prisoner . —The Attorney General said he joined issue and pleaded that the juror . was indifferent . —Two jurors were then sworn to try the question , and Mr Pickworth was examined upon the voire dire . —Mr Ballantine ( to the juror ) : I take thelibertyef asking you sir , whether , daring the recent disturbances , you acted as a special constable ?—The Attorney General objected to the question as being entirel y irrelevant . —Baren Piatt ooneurred thatthe qaestion was irrelevant . * "It was like asking whether the party was a

    loyal man . —Mr Ballantine then asked the juror whether he had at any _^ time . express ed aa opinion with regard to the guilt or _inaecenceof the prisoners or as to what ought to be the result of the trial ? - > The juror said he had not done either . —The jary then found that the juror was indifferent and he was sworn . —Upon the name of John King and several other jurors being called , the same proceeding took place . —William Pembroke _wssohallengedfor favour . —Mr Ballantine ; Have you ever expressed , any opinion , as to ; the guilt pr innocence of the . prisoner , _Onfiay , or as to what ought to be the result of this trial 1—The Juror : Yes , I have expressedan opinion that they ought all to be banged . ( A laugh , }—Mr Ballantine 1 : You may retire . —The juror was then

    ordered to withdraw , and after considerable delay a jury was at length formed . Mr Pafry then said that although he had expressed his intention to ehaUenge separately on behalf of the prieener Fay , his only object was to get an unbiassed jury , and he had not the slightest intention to embarrass or delay the proceedings oi the , court . He would how state that , en the part of that prisoner , he war content that the jury which had been called should try bim . ' Mr Ballantine said that Lacey was also willing to be ried by the same jury . . . Cuffay here exclaimed , ' I wish it to . be understood that I do objeot to this jury . They are not , my equals—I am only a journeyman mechanic ' Mr Ballantine : You must be quiet and leave it

    tons . The Attorney General said , be had no objection to proceed with the trial of the three prisoners , and Lacy and Fay were accordingly placed at the bar by the side of Caffay . -He addressed the jury , and said he regretted very mnoh that _, the , exigencies of _jastioe required the attendance or so large a number of gentlemen , in their position , no doubt to their great inconvenience ; . and he _atithe _, same time trusted thatthe proceedings which they , had just witnessed with regard to the . choice . of the jury would not have the effect of prejudicing the prisoners , because itwas a course perfeotly in accordance with the law , aad which , the prisoners were entitled to adopt . Ho then , proceeded to Btate the circum _*

    Stances under Which the charge . waa : preferred against the prisoners ; but , as the _. faots were . precisely the same as in the . former case , it will be unnecessary to repeat them < 1 , V 1 ¦ The evidence . was then . gone into . Wi Cross , a police-constable , proved that he apprehended the prisoner Fay on the 18 th August , and that as they wera going tothe police-office , the prisoner told him that he hadbaen secretary to one of the Chartist _Associations .. ; ., 1 Sergeant Thompson deposed that he went to : a garret occupied by Cuffay . on the 18 th August , and took him into custody . He told . him that , he waa charged-with felony , in conspiring against the Queen , and _he-replied , 'Itis quite sufficient , I understand

    what I am oharged with . ' He then went to a drawer in the room and fumbled aboat for some time , and then took oat a pistol _wluoh he _. endeavoured to _pasB to his wife , bnt witness laid hold of him , and , after a struggle , got the pistol from him , It was loaded with gunpowder and ball , and primed . He also found _aflag and banner , whioh he produced , and , on whioh were inscribed ; the words ' Westminster Distriot . ' Sergeant West preyed that on the following day he searohed a cocklof t toCuffay ' _shouse , and found apike * staff , whioh he produced ., Charles _Tilden deposed that he became a member of the . Chartist Association on the 29 th of last May , and Cuffay , was his class-leader . He belonged to the Dean-street locality . In Jane he had a conversation

    with Cuffay about cartridges ; and Caffay wished him to make some . He told him he had got no gun , and the prisoner answered that , when the time oame , they should get plenty of arms from the ganmakers ' shops . They likewise had a conversation abont _ginger-bser bottles filled with gunpowder and pieces of iron , and Cuffay said they would be tery good things- for the Chartists' wives to throw out ol the windows , 'while their husbands were engaged with the police . ' Caffay likewise showed him a pike-head and staff , which he said was after ithe Mitchel fashion . He also told him that there was a rebellion in Ireland , and the soldiers would all soon be sent away , and London would be in their hands ; and he Baid he hoped that witness wonld not flinch when the

    day came . _—Crois-examined : He waa very anxious to be placed under suoh a' redoubtable leader as Cuffay , and he expected if he obeyed his orders-he should become a general and perhaps eventually a { resident of the commonwealth . ( A laugh . ) He ad been oharged with being drank , and about seven years ago , while engaged in looking at the statue of _Kinir James , a policeman interfered with him and he was obstinate , and Btood by the statue from nine o'clock- in the morning till five , and then he was looked ap for looking at King James . ( Laughter . ) The magistrate ordered him to find bail on this'occasion , and he waa in prison for three weeks . He joined the Chartists as a moral tone maa , and he' purchased gunpowder at Cuffay ' s re '

    quest , in order to see 'if he could not find out some _., thing to stop their proceedings . He considered the ginger-beer' bottle business physical force , and not moral force . He mentioned the ginger bottles to lead him on to think that he was _sinoere . He offered to sharpen the pike head from the same motive , and ie always determined to betray the physical force movement , He was in communication with the government before he said anything about sharpen * ugJhe ' pike , and' he communicated from time to tune what was going on . He knew nothing of Powell , and ' never saw him . He did not expect to be raid for' what he did , and he became a spy and informer for the good of the pablio . He went to Cuffay ' s' hoaBe a quarter of an honr after he was

    apprehended . Knew there was a cock-loft to bis garret , bnt had never noticed it particularly , and of ooarea he did aot put the pike handle into that loft _. Hi was iu regular employment with a respeetable tradesmeM at the time of these proceedings , and was earning 29 s . per ' week . Did not expect to be paid for anything excert'his loss of time , bnt he should not be ashamed to take anything the government might give him . On one occasion he saw Caffay casting bullets in his garret . He was using a tobacco pipe and a pair of pliers for the purpose . Neither Mrs Caffay nor any of the little Cuff * ya were in the room . ( A laugh . ) Re-examined : He was apprehended for loitering aboat Whitehall-gardens , and not giving a satisfactory account of _hitruslf .

    At the close of the examination 01 this witness the jury in the former case came into court , and handed in a written paper to the benoh _, in whioh they expressed a wish for the court to read over those portions of the evidence wbich confirmed the statement of tho accomplice . Mr Jastice Williams said , that his learned brother Erie , who tried the case , aud who had more particularly directed his attention to it , had left the court , bat he would endeavour , at well as he could , to do what the jury required .. , The Attorney General suggested , that as itwas now past sevea o _' elook , and as it would not be advisable to break into the evidenoe of the next witness , it would be better at onoe to adjourn the oase of Caffay and the ether prisoners .

    Mr Baion Piatt Baid , that as there did not appear to beany probability of getting through the case that night , perhaps that would be the better course . The farther proceedings in the trial of Cuffay . were accordingly adjourned , the jary being taken , as in the former oase , to the London _Coffse-honse _, in . the oharge of an officer . Mr _Justica Williams then proceeded to address the jary _intbeo & se of Dowling , and read from his notes those portions of the evidenoe which were relied upon by the orown ' as confirming the testimony of the accomplice . Mr Kenealey , at the _olose of the learned judge ' s

    address , complained that he had not been allowed to adopt a similar course ia challenging the jury that had been permitted to Mr Ballantine in the oase before the oourt that day . He had mn . de the same application , bat it was refused . _ Mr Justice Williams said , that the learned counsel had applied for a list of- thejury , that waa the application which had been refused . Mr Kenealey asserted , that he had asked permiasien to take precisely the same oourae that had been adopted by Mr Ballantine , and he now requested that the oourt would direct the faot to be placed upon the record .

    The court refused to accede to the ' request . Thejury then again retired at halt-past eight o ' olook , and returned into oourt at half-past nine , when they gave a verdiot of Guilty against the prisoner upon the second count of the indiotment . TuBsnAY .- ! -Mr Bsron Piatt and Mr Jastioe Williams took their seats on the benoh at ten o ' clook , and the evidenoe for the _proseoution , in the ease of these prisoners , was resumed . _^ Thomas Powell , the approver , waa examined by Mr Uodkm , bat as the evidenoe given waa precisely the same in every partioular as that eiven on former

    _ocoasiMw , it will bejmueoesBary to repeat it . He spoke to joining the Chartist Convention , in Cripplegate distriot , and to his attending different meetings down to the month of August kit , and taking notes of the proceedings at eaoh of these _meetinBS . He swore , as on the former oooasion , in the most positive manner , that the prisoners took an aotive part in the proceedings connected with the intended outbreak , « i _!^ M La J" wit as a delegate into the manufacturing distriots , to ascertain whether the people were _wiUmg _torfse in rebellion , in _conjnnotioa with the _ChertiiUof Loadon _, and also thaVopon

    The Powell Plot. Trials At The Old Baile...

    his return he made a reporton the 15 th August ; tht * the men of Birmingham and Manchester would . be up that night _,, in _copsequence . of whioh report the _. riting in London was fixedfpr _. the next _. day , the _prisoner Fay agteeingto ' lead the Tower Chartist division of the insurgents . ' : ; J ' _¦'•"¦¦¦ , - " ::: ; ' Mr Bodkin , who led the examination , was proceeding to question the witnessrespecting ! the meetings whioh took place prior to the , period at which he saw either of the three prisoners present , and parifonlarly respecting the _proceedings at the Black Jack on' the 20 th of July , when tie was _ihteirnpted'by ' ' ¦ ' Mr Ballantine , who objeoted to any questions being

    pot respecting' these proceedings , nnless it could be shown thatthe prisoners at the bar-had had soma means of ( becoming acquainted with them and adopting them as their own . Mr Parry also objeoted to the reception of evidence ) of that oharaoter . Tha Attorney General contended that where it waa proved that a number of persona conspired toge * ther to do , a certain act , and a person joined them . at the eleventh , hour , tbat , periOB _. _ao doing was held as having adopted the previous proceedings of his coconspirators , and to be equally _Vesponsible with them for alt that had been done . ' . _-

    Mr _Welsbyand _/ Mr Bodkin supported the view ef the Attorney General . The Judges overruled the objection , —holding that it was competent to receive the evidenoe as proof of the general nature of the combination ; but tbat it wonld be a question for the jury to consider whether the proceedings at those previous meetings had been adopted by the prisoners subsequently . The examination was tben proceeded with . ( It will be remembered that it was at the meeting oa the 20 th of July where plans of various parts of London were said to have been produced with the view to the erection of barricades , and where the chairman wa s alleged to have said that the object of the Chartists was 'to destroy the Queen and establish a Republio . ' ) Mr . Ballantine having objected to the reception of the above words as evidence against the prisoners ,

    Mr Justice Williams remarked thathe thought it woHld be hard to make them responsible for a wanton remark of that kind made by a person in their absence . , •/ , . .,., - ' _/ , ;• . The examination in chief of this witness , which occupied fonr hears , having been oonoluded , the Court and jury adjourned to take seme refreshment _. On their return ; : the witness was subjected to a most severe cross-examination by Mr . Ballantine . He said : I went _bv . _the name of Johnson , and & person also called me Robinson one evening , and I told them to call me what they liked . I never went by any other name . I cannot say whether I ever went by any other name-Baron Piatt . —What , don't you know whether yoa

    everj _ went by any other name than your own t ! Witness , —Yes ; now I _reojlleot _, I was oalled tho Welsh _Novioe , ( A laugh . ) I joined the Chartists soon after April , but I did not commence to take noteji until about two days ; after the 20 th of July . No one told me to take notes , I did bo of my own _accord . I did Botshow the notes to anyone . I may have put down a portion at one time and forgotten another part and put that down afterwards ; and I communicated what was going on to the government from time to time . I showed my notes to some of the authorities before these people were taken into custody . I swear I never altered the ) notes after they were shown to the authorities . : Mt Ballantine . —To whom , did you give the riband

    whioh was to be the symbol of leadership ? _Witness . _r-I objeot to answer the qaestion . I was earning 27 s . a . week as a carpenter when 1 entered into this business . Itwas a matter of choice , not of necessity . I was determined toacquaint"the authorities of what was going on . I don't know that I aoted as a' spy , ' bnt I certainly wentin among these people to get information of their proceeding ! and to betray them . I bave been paid £ 1 a-w « ek since I have been obliged to be kept out of the way to protect my life . I have been a sort of sporting man in my time . I was . a pedestrian , I ran at Wimbledon onoe , to bring a little custom to a public-house , and another time at Hounslow . I also ran at Croydon for a day ' s amusement , for which I w _« b well . remunerated . I was known as the Welsh Novice on those

    occasions .. ; I know what the' _thimblerig' means . I never had a table for the thimblerig , but have looked on . I once , when an apprentice , played at a marqueetable at Ascot , and was paid so much a day for playing . It was on account of my master 1 went there . I was to pretend to bet , and was paid 30 s , _strmy day ' s work , bat waB too young at the time to oonsider whether this was cheating _., I knew in reality that I was not betting , bnt did not oonsider myself a cheat . I was aware that what I did was to deceive the people in the booth , and induce them to bet . I never played at thimblerig . I never associated with suoh people . I know a person named Pennell , but I did not tell him I had walked a match against _Townsend and sold it because Ioould get more money .

    I was a witness onoe before in this court about eight years ago ; but I never said that I was afraid of the connsel questioning me aboat a _thimblerff affair , and wonld not go again . I work with my brother-in-law , Mr Smith . He keeps a good manj men . I never attempted to persuade any of then to join the Chartist olabs . They were quite capable of doing that without my persuasion . I know James Paris , the foreman . I never said to him that I had been employed hy the thimblerigging men , or that I had been employed by the police against thieves , I have talked with him on religious matters , but never expressed to him an entire unbelief in God , or in the Soriptures , or in our Saviour . I always have believed in them , and do beliere now . I did tell Paris

    once that it was likely he woald hear of something remarkable , but I don't think I said he wonld hear of a Chartist rising . He did not tax me directly with being a spy . He threw eat hints that I was , but I took no notice of them . I got some lead from Mr Smith , my brother-in-law , in order to oast bullets . I did so , by the direotion of Gumey , who was my warden . Gurney wanted to _hav * as many bullets aa possible made againat the day of _rislngy I oast the bullets in my own . apartment , . aad give them to Gurney . 'Besides this , money was given ae by our locality for the purpose of * _jtrohasin | gunpowder and making cartridges . Idont _member whether my shopmates nicknamed me ' Lying Tom . ' I never heard of it to my ' free , and I should resent eaoh a

    thing if it was said in my presence . I know a man named Osborn . I never told him there was to be a Chartist _rUing , aad _uried bim to join it . I don't re . member doing suoh a thing . I really will not swear I have not dose so . I don't recollect it . Baron Piatt . —Will yoa swear yon never have?—1 don't recollect . Baron Piatt . —Will yoa swear yoa never have f—» I don't think I ever did . Baron Piatt . —Then yon may have done bo and _forootten it ?—Yes . Examination continued . —I oannot remember whether I ' pointed oat to Osborn a man who would make him a pike . I think I do recollect tbat I once did do something of the sort . I believe I did do it .

    in faot . I pointed oat a blacksmith as a person who woald make him a pike . I don't know what the pike was to be used for , bat I suppose it was for some pur * pose or other .: We were talking about the Chartists at the time . I know another carpenter named _Carr ( but I swear I never said to him that if I had a chance in a crowd I would rip the police ' s — - — guta out ; I used to quarrel sometimes with my father when he was alive , but ! swear I never _strnok him . I did onoe have a scuffle with him after he had struck me , and my brother-in-law separated us . I never said to Pennell that I hoped my father ' s seal was in hell . I never said to him that the government was a weak , tyrannieal government , and that I would send Lord J . -Russell and . _Sir-G . Grey to the

    devil within a month . I swear I never said saoh a thing just before the 10 th of April , I may have asked Pennell it he was a Chartist , but I never offered to propose him as a member , or told him that I oould get £ 2 or £ 3 _a-week for him , whioh would be better than carpentering . I never told him that the Charter would never be obtained as they were going on , or told him to look at the Queen with her hundreds of thousands a-year spent in waste , while 1 I had to work hard for a bit of bread _. and that I would . blow , Her and the—— _foreigner to hell . 1 swear , also , that I never told him I could show him ma- . _terials enough to blow Londoa to hell in half an hoar . . I know James Bennett , a shoemaker . I don't think r . I saw him about a week _, before the 10 th of April , but & I may have dene bo . I don't remember asking hits 1 what he meant to do ou the 10 th of April , bnt I can- ' not swear I did not dose . I won't swear I did not t

    ask him if he _intendad to go to tho meeting armed . ! . I swear 1 . didnot say ha was a— .-feolifhedid d not , and that I should do ao . I believe I have said to 0 him that I had baen making some hand grenades that it ; would go half way through an ineh board , laaid d this when we were coming home , together from a ai meeting in Holborn , I cannot recollect when this is l happened . It waa not in , August or July , but it may iy have been between May and June .. I don't think it it 1 was before the 10 th of April , bat I really oannot say . y „ It was not true that I had been making _hand-gren- aades . I only said so for talking sake . I told this is 1 falsehood for talking sake , hut I am not in the habit iti of doing so . TB j others , were telling me different att things whioh I did not believe , and I thought I would Idi tell a lie too . A man named Watson was with Pennell sill and me . I also told them how I made the grenades , «„ that was a he too . * "

    Mr Ballantine , —And are you not called . ' Lying _nffi Tom ?'—Not to my faoe . Mr Ballantine . —How _' were these grenades made , _lewi did yoa say ? Witness . —Why , I told them that ganpowder must istl be put into an ink-bottle with an explosive cap , and Idi ! dure say I did say that it would ba a capital thing to ; to throw among the polioe if it bad some naila in it . I 11 don't think ! told them that ablaoking _< bottlehalful : 1 full of ganpowder mixed with nails would do as well rell as anything to throw among the polioe , after it waa raw ignited by a fusee , ' and that it wmld break thethii —¦——' s ' _legs . I never Baid to Bennett _thatlhaduw got ton meniand , with four or five more , I oouldulci easily take the Artillery ground . I never predaeedeeo any . plan of-London to Bennett ; I know a _penoaac

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• Citation
  • Northern Star (1837-1852), Sept. 30, 1848, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/ns3_30091848/page/6/