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THE SPECIAL COMMISSIONS (Continued daily...
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STAFFORD, Frtdat, Oct. 7. t Convictions ...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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Ar00607
The Special Commissions (Continued Daily...
THE SPECIAL COMMISSIONS ( Continued daily from our own Correspondents )
Stafford, Frtdat, Oct. 7. T Convictions ...
STAFFORD , Frtdat , Oct . 7 . t Convictions are qaits the order of tbe day—no matter bow spotless may have been the characters of the pn- soners—no matter how excellently they may cava conducted themselves as good members of society , in the capacity of fathers , husbands , children , or servantsno matter how devoted tbey may have been to the altar of their God , or faithful to their Sovereign—the moment tbey are _charged with having been caught within the maefc _cirae f jrmed by the police , all those excellencies , all those virtues are lost aigbfc cf , and they are -riewed . as tbe very _^ rst characters that can be possibly cor _,. ceived . Nsy _, the men who are summoned as _jurers to _C ¦¦!• U _Uw _fste of those sunken , degraded , _nafr ad , b _'~ _-: _" _2 g ei _* d . k _2 _" 76 heen fc' _-nvd to declare openly , dat to matter how cood their p _^ st life have been , it shall STsil them nothing when they come before them . This principle is as novel t * Englishmen as the mode chat is adopted cf their _returning verdicts seriatim _, wr / ere the fate of thiitv or forty fellow-beings ia to be d ecided .
_Y-estercay , four prisoners were convicted of a larceny and burglary in the bouse of Mr . Hill , a pawnbroker , in the parish of _Stoke-upon-Treat . It now appears that these wretched young -men , _'" . _nstead cf being burglars , were actually carried away ' oy the tide ¦ of people , -wire were _bsndiBg their _coutss in that direction ; sod that when tbey S 3 W the mob _Ettack the _pawnbroker ' s _, and tbat tbeir _( toeds _-wt ire likely to be destroyed "in the _cenersl -scramble , that then only , they took x _-wsy a portion of those things in order that tbey might keep them safe , and then retr / rn them . If thi 3 , as no-doubt it shall , reach _the-Sudgt-s' ears , it will have a _grsU effect _npoa the -portion of punishment tbat will fee meted ont to them . Another most curious _pawnbroker ' s _prosecutaea came on thia day , before Baron J _?* _r £ e . The _pwwecnter , _George Hentoa , of Hanley _. _^ _E child of _fovrte _& yexrs'and ten mcn & s of age . This ehild positively swore , that the establishment was his , that neither his ftther nor has mother , nor any one else bad the slightest _castrol ever it , and that he might do what he pleased wish _thaprtperty .
It ia worthy of remark that this precious youth , and what is _termed " Cede , " swore that he lost on the _-day cf _themtts-ik , £ l , oce worth of pledges . Now , ashs is under age , the _pereens wboseproperty waa aaid to be stolen could have _ne-bops of-remedy against him ; but if it -was proved that hia father , who lives ia the _adjoining house , bad aa interest in the concern , then they could make bim pay for it . -Bat now they are deprived of that remedy . There was another _strenge feature in the _ccse . A _fesatle named _SoasEcah _. _Teatss -was indicted for having taken a part in tbe attack , bet the jury having _declared that they could net agree , -were at > out to retire , when Mr . _Serjeant Ludlow told tfcea that the Crown , ~ to . sacs ihem trouble , weald forego the prosecution . In this , as in Hill's ease , it wes proved that many persons brought bick the pledges that they had taken ou ths dey of the attack for safety . -
'There were two men , Tooths and Roberts , acquitted this day . Their counsel applied for their release aa-a matter of course . Bnt , no ? they would not b ¦ allowed their discharge , and -were t-old that they would not be released until the grand ; jury returned , which will not be until the _Moadsy , as-tkey are on } eave o ? absence , that they may go grouse- shooting . So , to suit the convenience of those masters-of the hack-ridden working classes , these _poorlellowe are deprived of their liberty antil next Mends ? . There were twelve -convictions this day for petty offences , such as _begging earnestly for eleemosynary assistance . Twelve new prisoners --were brought in from the Potteries , and warrants are est for a great number more . In fact , onr calendar is daily swelling out to a frightful bulk . On to-morrow the . prisoners from South Staffordshire , ( amongst whom is O'Neil , ) will te brought to be tried before Mr . Baron Parke .
It was admitted by Sherley , the cock of Mr . _Harvey , of _Haniey , that the _collars _vrho went to the house , merely asked for assistance , ana that ten of them went away npon receiving-is * ed . amongst them . This trill be found to be the case in-many other instances , where it is said that large mobs riotously-and with _threats demanded money . The fact is , that the royal proclamation , offering a reward cf £ 50 for information . and conviction , hm worked wonders in magnifying the ideas and enlarging tise fears of many -of tha individuals who have tigered away Tery conspicuously in the courts here since last . Monday . TRIAL OF Mr . _WILLIAM ELLIS . —MOST
EXTRAORDINARY PROCEEDINGS , Bef ' ore-Chief . Justice Tindal . The trial of William Ellis commenced this morning , before Chief Justice Tindal . He was indicted , with about eighteen others , for setting fire to the house of Mr . Aitkens _, on the night of the 15 th , or rather en the morning ( two o ' clock ) of the 16 th of August . But a few minutes-elapsed before another exhibition occurred of that _unfetrness End cruelty to which he has been _throughout subjected . : Immediately after the prisoners had been _arraigned , Mr . Allen made an application to the Judge ,-that Mr . Ellis might be tried « eparately : he grounded his application on th 6 fact that till the readies of _the-indictment a few minutes ago
not the slightest notice had been given to the prisoner of the present charge ; indeed the commitment by the magistrates , the publications in tho newspapers , and all the attendant proceedings had induced the belief that the charge to be _preferred would be High Treason ; for these reasons , and many other , which he most eloquently elucidated , _£ he learned counsel requested that Mr . Ellis might be allowed a short time to prepare his defence , and that be might also be allowed te peruse the list of witnesses , ( thia had _been refused last night to Mr . Roberts ); and , lastly , that he might be tried separately from the-other prisoners ; it was most unfair to mix up his case with theirs , as the prejudices against the prisoner would thereby be fearfully increased .
Thia application was at -ence refused , and the trial proceeded . An application by Mr . Roberta last night _* to see the _indictment , and to look _through the list of . witnesses , there being thirty-two now aabf ceased , although only four were before the magistrates , had also been refused . Indeed , till Ellis placed his foot in the prison van , he had not the slightest intimation-that he waa _torbe tried to-day , or of the charge against & im . Tha trials , it ia expected , will _iast . tul Monday night Six counsel are engaged in the . defences , and t & ey are all doing their duty .
Mr . Allen and Mr . Neale defend Ellis . As to the issue , I can form no idea ; judging from the evidence already adduced , I should say thst all would be _acquitted . The witnesses swear as hard , perhaps , = s they did in Dr . Yale ' s case , but they seem getting sick of the badgering they receive . From the hands of the prisoner ' s counsel they meet with no . mercy ; one after another their former lives and charactera are exhibited ; and I really believe that a more worthless 8 et never occupied the dock than some of _these who axe now polluting the witness box . In reply to s question put to Mr . Roberts , respecting hia _oplnionjia to the _result . be answered that he had not the slightest hope for EJis ; although , _ao far as at preBent known , there is no evidence whatever to support the charge _against him . The Anti-Corn Law K > en have determined that EKis shall be ** got out of the way "; and they _hzve too much _influence in the selection of the jury .
The progress in the _thres courts has net been so rapid as was expected . Not more than ten or _twelve have as yet been tried . The _prisoners being all defended , and well defended , acts as a "Drag on the wheels oi Justice . " Before I conclude , I _mttst mention another circumstance illustrating the special spirit of _fctis com-Siission . When the three Courts opened , Mr . RobertE found it impossible to attend persoaally to all his _cises as they were going on ; be was desirous not to Ieas-e the Court where Eilia was being tried j he , _therefore , requested Mr . Peplow , the Ckartisfe Secretary , to some backwards and forwards betweet the different Courts , ao tbat no case might be neglected .
For a short time thia was permitted , but no sooner was PeploWH well known face observed by the magi 3-tratea on the Bench , than the doorkeeper waa directed to inform Mr . Roberta that Mr . Peplow could not be again admitted , and that he , Mr . R ., must ' * go out to bim on every occasion , " when he wished to Bee him . Thia impudence was too oppressive to be borne ; Mr . Roberts immediately went into the Hall and demanded of tbe doorkeeper the reason for this intecuption ; the doorkeeper replied , that he had received bis orders " not to admit no Chartists no how . " Mr . R . explained to them—for all the doorkeepers had received similar instructions—that he w _& _s defending prisoners whose trials were expected to come on in each of the three Courts , and that it waa quite impossible for tbem all to be attended te , unless be was permitted the same privilege aa was granted to jother attorneys , and that he could not possibly _guard against the case of a trial being called on suddenly , and
the prisoner being undefended , unless be were _alloved to communicate from time to _tice with the ot & _st court * . But the liveried dogs in office were inexorable ; they " wouldn't admit Peplow , not so how nor by no means , " An application waa then Bade to tbe High Sheriff , —tbe chairman of the public meeting where Peplow figured ao conspicuously and effectively acme time ago , —but thia worthy dispenser of justice , bo ignorant aa not to be able to spell correctly the designation of his office , declined to interfere . Mr . Roberts , however , determined tbat tbe point should be settled by some higher authority , requested Mr . NeaU to apply at once in open court to the Chief Justice , and this was immediately done . Mr . Neale quietly represented to his Lordship that Mr . Peplow , who was _«* KS _^ _j"g Mr . Roberts , of Bath , bad been « _rc ? " 4 « _l from the court on the ground of his " being a Chartist . " Soma little discussion ensued ; the Sheriff ' s declining to interfere was mentioned ; bnt tbe result was , that the ban of exclusion was removed , and Mr . Peplow has since been pernitted to move about as he thought proper .
Several _witaasaea bave been examine * , but none of tbem have deposed to a single aet or word of Bills ; Be will , However , bave to bear tto odium of tbe many
Stafford, Frtdat, Oct. 7. T Convictions ...
_r its of ont _szge alleged against his fellow prisoners . It ! easy to , « sy , that whin the Judge sums up , he will j ke eaj . e to divide the cases , so tbat the jury may ! settle each on its individual merits ; but experience ] -s ab- j wn that there is no plan , for convicting aa inn * - \ nt i nan , more safe , than the classing and _oonfosiBg ' _m ' # ith those who are really or apparently guilty . T ) j _« trial is _ndjoursed till to-morrow , aad probably ill . sot terminate before Monday . ( Before Mr . Bonn Rolfs . ) The prisoners , Jones , Jarvia , and Parry , "were assigned for arson , just at tho rising cf the -Covrt . But a consequence of tbe lateness of tbe boor _ittlr trial waa adjourned till to-morrow morning , ind tbe Jury having been sworn in , were loc _& ed up for ire night _3 LOSE OF THE TRIAL OF THE PRISONERS CHARGED WITH ATTAKING MR . _FENTON-S
HOUSE . The several Counsel for tke prisoners having dote ! tkeir addresses to the Jury , Mr . Baron ParIE charged the Jury . Mt . _Ssrieant Iajdlow said , that oa behalf of the prosecution he begged leave to say that he wonld not press tiie charge against tbe woman _T-eates or the boy Tooth . These two prisoners were accordingly discharged . Tire Jury , after a short deliberation , returned a verdict of Not & -jilty against FarrisgtGn _; and of Guilty for burglary and larceay against _Kilswn , Simpson , Parkes , snd Banks . ; and of larceny alone against Barrett . All the prisoners _wera again arraigned for a riot , but the Crown " declined prosecuting , and they wero _consequently acquitted on that indictment
John Hell , James Lockett , William Roberts , Edwin Moss , and James Saunders , were indicted for having , on the 14 th _August , demanded , and with menaces obtained , three shillings and sixpence from Ann Shirley , servant of Mr . Harvey , in the parish of _Stoke-upon-Trent , with intent to steal the same . Mr . Serjeant LUDLOW stated the case . Mr . _Spoonbr . defended Roberts . Ann Shirley , cook to Mr . Harvey , said , that ou the 14 _'h of August ten men came to Mr . Harvey ' s house demanding money . She was enabled to recognise only Hall . They told her that they came to try their generosity , and if thsy bad any to show it . She gave them -2 s . 6 d-, and another servant la . _aiBo . Tbey aaid that they had been at Bailey Rose's house , and had Bailey Rosed him in good style .
Mr . Fairbanks , groom in tbe service of Mr . Harvey , said that a mob of ten men , armed with sticks , came to the house and demanded money , saying that they were in-want , and that it they were not relieved 5 , 0 € 0 men weuld be there directly . When the last witness gave them 2 a . -6 d . one of them said , "here , gentlemen , is _^ _Jd . for each of you . " They _as > ked him for money , and he handed them Is . They then told him where they were that day . Thomas Precter identified the five prisoners * s having gone with the ten to Mr . Harvey's . The mob were armed with sticks . — Ellis , a _ssrvant of Mr . Brassington ' _s proved having seen Saunders , Lockett , Hull , and Roberts at Mr . Harvey's house . He did not ece _iloss . The prisoners divided the money amongst themselves , aud Roberts said tbat it was a pity io take the money from the _servant . This closed the prosecution .
Mr . _Spoonbr addressed the Jury on the part of Roberts , and having called witnesses for the defence , his Lordship charged the Jury , who deliberated for a short time , and returned a verdict of Guilty against Hall , Lockett , Mos 3 , and Saunders , and Not Guilty against Roberts . They were again indicted for robbing John Brassing _, tan on the 15 th of August . On this charge the Crown did not prosecute . The Metropolitan Blue Bottles are here in disguise , so we may expect more informations aad more arrests .
SATURDAY , Oci . 8 . The " Ellis" Tragedy was re-commenced at half-past eight o ' clock this morning , and we then , for the firat time , heard the evidence against Mr . EJis . The only witness to prove the prisoner ' s presence at Mr . _Aitken'a fire wa 3 George 'Goodwin , a cabinet-maker . It was known that on thia man ' s evidence the whole case depended ; and the court , while he waa giving it , was in a Btate of breathless silence . Goodwin's story was to this effect : —He had been at school with Ellis twenty years ago , but since then he had never spoken to him .
tin his depositions before the magistrate he stated tbat he had known Ellis seven or eight yeats ) . On the night of the fire , two o ' clock in the morning of the 16 th _August , he was standing outside the railing which surrounded Mr . Aitken ' a house , and -observed a man with his face " blackish , " " sort of brown , " " very dark , " " not exactlyiblack _, " standing within-side the rail , looking at the fire . Of thia man he " catched a view , " and he swore it was Ellis . ( In the depositions be had sworn that Ellis's face was " blacked . ") These discrepancies were , with many others , elicited in a most powerful cross-examination by Mr . Allen .
Mr . Geodwin also etated that only a week elapsed between the fire and his making the -depositions ou which Ellis was committed ; the fact being that four weeks instead if one was the real interval ; the tire , it will be recoliested , occurred on the night of Menday the loth of August , and the depositions were taken on TuesOay the 13 th of _September . It further appeared in the examination of a _Bubscquect witness , that Goodwin was drunk at the time ot tct fire . -Other witnesses swore to inflammatory _language en the morning of the 16 th August ; but the only expression which could a ; all be said so _ullude to the recent fire was to the _effect that ¦ " Fire 3 had assisted the carrying tbe Reform BdL "
In order that the object of the _= e list witnesses may be understood , we must refer to the _Solicitor-fieneral ' s opening address so far as relates to Ellis . Goodwin , it will be-seen , had sworn to no act implicating Ellia in the destruction of Aitken ' a house , or in approbation of that -destruction , beyond the faot of his presence j and it was admitted by the Crown that many persons were present 'from motives of idle curiosity , and wbo , of course , if . they took no active or _encouraging part , were not criminal . Our extract is from the _Moroing
HeroMi" He ( the Solicitor-General ) wonld not be able to show _that-bo ( Ellis ) took any active part in the destruction of tbevproperty by fire ; but to judge from hia expressions and conduct on previeng occasions during the day , they would be able to judge whether he waa there with an innocent or laudable purpose , or from idle curiosity , or as a leader and _enconroger of the mob , aiding them in their attack on the house . They wonld find that _qfhar _^ ihe previous outrages , Ellis had spoken of them not in terms of condemnation , but of prai 8 e and approval . "
Before poing . any farther , we may be permitted to express a doubt of the correctness of Sir William Follett ' s law with respect to after _expressions . The law is , that tbe prisoner , to be convicted , shall be proved to kave been acting , assisting , encouraging , or approving in the destruction on which the charge is founded . Now admitting that Eiiis were proved to have bean at the fire , and _afttrwarda to have expreased himself in terms of _approbation of that fire , it ia by no means a fair inference that at the fire , he waa an approving party . His approbation may have arisen from subsequent reflection , cr from facts that afterwards occurred . Not a word , as we _befose said , was elicited ta the effect that Ellis had : at any time either directly or indirectly approved ot this wanton destruction . But if the case were otherwise , we submit that a _cabsequent approbation doec not prove a " then" _approbatk-n .
_Several other witnesses were examined , but whose evidence did not apply to Mr . Ellis . We pass these by in tha belief that we shall best satisfy our readers by confining ourselves to the principal victim . Ml . _iLLEX then commenced his reply ; and never has it been our good fortuae to listen to a moro eloquent appeal to the justice of a Jury . The Learned Counsel disclaimed the argument which would still be in favour of E . _'lis , even if proved to have been at the fire , and he took but slight notice of the discrepancies which be had so ably elicited in the cross-examination of Goodwin . He boldly rested his defence on the fact that Ellis was not at the fire ; that he was in bed at the time ; _anfi thia fact he would prove by such undeniable and eogent evidence aa should be beyond the
! ingenuity of the Counsel for the Crown either to pervert or shake . It has been said tb . 3 t _EUis _' s face was i blacke . ? , and the barber who shaved him on the folj lowing morning had _beensubrsoaed by the law efficera I fcr the prosecution . What waa he subi maed for ? Hi ¦ _wassubfcsned to prove something ; what was it ? Tke ¦ barber who had shaved a man on _TusBday morning ; weald no doubt be able to say something as to whe-; ther his face were _blcsked on the previous night He _; was therefore a most proper witness to prove what , : perhaps , was the most important point in the inquiry . ; " Ths Crown had subr « saed him , but they had not i thought proper to caU him : _Jhey had not dared to put i bim inte the witness box . He would—He , the Counsel for the prisoner , would _exsmine the witness for the Crown . "
The _thrOI that pervaded the Court at this announcement was _electrical . The Crown officers looked aghast ; the _examination of the prisoner's witnesses commenced . The first witness called was Jane Brooks . She deposed that on Monday , August J 5 th , _EUis bad been at his lodgings all day ; tbat he had lodged with her for the last three years . During the whole of the day ba had been at hose painting picture-frames , and bad never been absent more than a few minutes at a time . In the « vening two men called , who left ab # ut eleven o ' clock . Late at sight Ellis and his wife went to bed : she could not tell the exact time , bnt _sko knew it was _mnchaftertwelve , hanng" beard the hells . " Mrs . Rogers was with her _busbsad at the Ellis ' s , snd took tbe candle out of tbeir room . After that the Rogers's left , and the witness bolted the oater door . Noonsccuid leave the house withont her kno wiDg it
Mrs . Rogers oaflrmed tbe _abovs . She stayed with Mn . Brooks about half an hour after taking the caudle from the bed-room of the Ellis ' s ; tbey were then in bed . While going to her lodging in tbe _tewn the clock struck two . Mr . Peter Rogers gave similar testimony .
Stafford, Frtdat, Oct. 7. T Convictions ...
Mr . Heath swore to going with Ellis to a bar _' _tor t on tbe following morning ; and afterwards to a gr < jeer ' s in Hanley-Tben came tbe barber , Mr . BUlingtev . He . bad been subpoenaed on tbe other side , and produe-dd bis subpoena . He _reeolteeted shaving the _priso-aer on the morning of the 16 th August His foot did not appear to bave been blackened ; bad it been so , he should have perceived it The next witness was Mr . Livesey—He was at the fire from half-past one till three . 3 ) _ld not see Ellia there . Saw Goodwin there ; Goodwin . was drunk . Mr . Bradley gave testimony of a similar nature .
AU these witnesses were rabjected to a most rigid and searching croas-eTammation by the Solicitor-General , but tbe Learned _Conssel foiled to shake tbem , although he had recourse to all hia well-known quiet ingenuity in such cases . The only variation was between the evidence of Mr . and Mrs . Rogers , as to the question of whether they breakfasted or dined with the _EUisea on the dsy after tbe tire . Thai Is my defence , said Mr . Allen : and the Court was again immediately hushed for the Solicitor-General ' s reply . But the law officers of the crown were paralyz 3 ed . It was lost ; the next day waa Sunday ; the reply was postponed till _ifenday morning . The unfairness of this Is too glaring to require comment Mr . Roberts waa most indignant It was , however , utterly useless to eornphvn . Mr . R asserts his conviction tbat the trial was lengthened ont till Saturday night with the express view of having Sunday to get up another case against the prisoner .
We are happy in being able to say that the universal feeiing among the townspeople is , that Mr . Ellis will be acquitted on the present charge . We wish that we could bo as confident of an acquittal on the others , but the Anti-Coin Law policy is to get rid of Eills by transportation . Still we hive hopes , though they are very slight . Ellis is a man so quiet in hia manner , hia language , and disposition , that the Sidney Smith and Cobden men feel the absolute necessity of " fixing" him . His power as a popular orator is very great , and his exposures of their grinding treachery have earned for him their eternal hatred . Stafford , Sunday Night .
The work is going on . The Judges ascend the judgment seat each morning at half-past eight preciselytbe jurors are empanelled—tbe prisoners are arraigned —the Crown prosecutors state the case—well-drilled witnesses are sworn—the juries are charged—the list of prisoners is handed up to them—a verdict of guilty is _returagd , and the victims are hurried back to their dungeons , while their places in the docks are aa quickly fii _' . ed up as are the ranks of a battalion , whom the grape and canister shot of an enemy mow down at every well-directed fatal volley . By this mode about sixty fellow beings have been convicted , and are now , with all tha agonized feelings of parents , sons , and brothers , torn from their families , awaiting the sentence of the tribunals before which they have been convicted .
Some few are escaping from the meshes within which they were temporarily , caught . Amongst those are Jones , Jarvis , and Parry , accused with firing Mr . Harding ' s houEe . A fellow named Potts , who had himself been convicted of felony , was the principal witness . His evidence bore all the character of the dealers of blood in the _Dsneraile conspiracy in Ireland . He , a stranger to the men , actually swore that he had seen them in the open daylight , and on the public road , preparing the _combuatibieB that set fire to Mr . Harding ' s house . A servant girl swore to having heard one of the men speak ( he is a Welchman ) good English . The Coroner's cler x _positively swore tbat the accused could scarcely utter an intelligible word in English . The evidence against those poor fellows was not for a moment believed , and they were accordingly acquitted .
A lad , named Crutchly , was _arrainged before Mr . Baron Rolfe for cutting , with intent to do bodily harm to a policeman . The only evidence against him was the policeman , who , it appeared , while in coloured clothes , went up to him and attempted to arrest him . The youth very naturally hesitated allowing himself to be arrested by an unauthorised person , and in the excitement of tho moment drew a knife from his pocket with which he cut the policeman across the knuckles . For that offence the youth , wbo is only seventeen years of age , has been sentenced to transportation for life . Two other youths , named Whittingston and Priest ,
were indicted for a riot and assault The evidence _against them was that on the day of the turn-out at Messrs . Barnes and Best ' s colliery , West Bromwich _, they were seen at a public-house door near the colliery , with a crowd of forty persons who hooted the men that worked for reduced wages . It was further proved that _Wittingston flung a bit of turf at one of those men . But the only thing proved against Priest was his being amongst the crowd , while it was not pretended to be insinuated that he took either act or part in what was done or said by the crowd . Yet both these men were found guilty of a riot , and an unlawful assembly .
Griffiths , Jones , Byrne , Gettings . _Fownes , Bowling ( a man completely deaf ) , Pitts , Waiker , Gould , Solomon , and William Jones ( a boy ) were arraigned for " r otously assembling and forcing the men to leave Mr . Silter's colliery . " Charles _Danks , _conatable _, and his two sons , were the chief witnesses against those prisoners . Their testimony was . as a matter of course , quite conclusive as to the - ¦ _dfntification of the _prissners . An old fellow named _Eaiais , an engineer , who deliberately swore that he would have killed any of them that appreacbed bim , was equally successful in his evidence . These _witnesses for the Crown gave a most frightful description ot the mob , which consisted , as they said , of 200 persons , all of whom fied as soon as Danks raised his hat vpsn a stick . He then pursued them : While pursuing tbem the yeomanry came up , and the brave constables pounced upon the men , giving as many as possible into
the custody of the yeomen . Griffiths produced a letter to show that he was on his way to a gentleman who had written to him to give him work . Bowling said that he was stopped by the mob , who said that they were " looking for a loaf . " Solomon said tbat he had his option to beg or steal . He was endeavouring to avoid both , and was out looking for work , when he was _seized by the yeomen . Mr . Fellows , a constable , gave Gettings an excellent character for twenty-five years . Pitts , Walter , and the other prisoners received similar good characters . It was proved that Gould expostulated with the mob to prevent them committing any acts of violence . Charles Danks and _Ooston , the specials who appeared as witnesses , had black eyes , which they had , on the previous night , inflicted upon each other in a fight in the street Pretty scoundrels . ' to appoint conservators of the public peace . £ > _o this evidence the _prisoners , with tbe exception of Gould , were found guilty .
Six unfortunate men , charged with stealing sixpence ! ! ! pleaded guilty late on Saturday night . What an idea ! Six stout , able-bodied men to go out on the public road , and be contented with stealing a sixpence > Such an idea is so preposterous , that no sane man can entertain it for a moment Yet those six men are now in their dungeons _awaiting their sentence for that crime . Mr . Eilis , tbe particulars ot whose trial on last Saturday are subjoined , wdl , no doubt , unless a miracle saves him , be sacrificed . On this day the Crown has cent dewn to the Potteries for fresh evidence . The messenger has been sent off express , with orders to let bo expence interfere -with bis getting up evidence to break down the alibi so satisfactorily proved yesterday by witnesses of tha most _irreproachable characters . This manoeuvre of the enemy has greatly embarrassed
the solicitor and counsel for the defence . An express , I believe , bas already gone to Mr . Allen , who is at Birmingham , to return witn all haste , that a consultation may be held with him , Mr . L _^ e , and Mr . Huddleston , as tothe best course that can be pursued en the emergency . As we are completely ignorant of the nature of the evidence , or character of tho witnesses _ts be adduced , it is impossible to say , or even judge , what may be the result Before this extraordinary , and , if I may use the expression , extrajudicial attempt of tbe Crown to secure a conviction , all , not excepting the Queen ' s Solicitor-General , were confident of Mr . Ellis ' s successful escape from the snare laid for hist . But now it is all doubt , fear , and anxiety . He is also indicted for blasphemy ; not only thit , but be is likewise coupled with Capper and Cooper , in an indictment for conspiracy . What hope
can he or his friends have ? I have heard of two most flagrant instances of bullying witnesses by tho Grand Jury . One witness , who was stating the facts as he knew tbem , and which were _favourable to the accused , was asked , " Was he giving evidence for or against the prisoner ? _' ¦ The man simply replied that he was merely telling the truth , which be would before the Judge . Another witness , who did not give his testimony to the _eatisfaction of their mighty highnesses , experienced a similar rebuff . Those things wili come ont when the prisoners against whom they were summoned are tried . It is expected that Mr . Cooper will ba arraigned on Tuesday . , It is truly heart-rending to view the number of pocr fellows here who , so far irom being able to defend themselves , have * not the means of paying for the depositions against them ; an-i they will , when brought up for trial . be led like sheep to the slaughter . And that from the unpardonable apathy of the _Chartiats , in not having established a sufficient fund for defending these victims of tyranny and class legislation .
The following fact shows the paltry means adopted for securing the conviction of Mr . Ellis , by taking him unawares , which , by the by , would be rather a difficult job . At seven o ' clock on Friday morning , Mr . Roberts went np to the gaol to ascertain if he would be put on his trial that day . The rrply waB , " Oh * certainly not by no mean * _lfr . Eilis wiil sot be tried this day " Yet , within twenty minutes of that assertion by bis gaolers , Mr . Ellis was put in the prison van , and conveyed under an escort of dragoons to tha Conrt House and at half-part eight arraigned at the bar , and pnt on bis trial .
Tms day the Judges and prosecutor * had a consultation as to whether they should sentence on to-morrow Their decision , according to report , was , that they wili not proceed to sentence nntal tie . prisoners are tried upon the multifarious _indieUnenta with which they are charged , and that their sentences shall be proportioned to the number ef tbe charges under which they may be _oonrtcied . ' '
Stafford, Frtdat, Oct. 7. T Convictions ...
REPORTED INCENDIARY Fire . —A report reached here last night tbat an incendiary fire took place at Mr . Smith ' s at Elmlngton , a distance of six miles from Stafford . Engines with post horses were immediately dispatched to the scene of the fiery element , which bad been got under before their arrival , through the working of the fire-engine from Earl Talbot ' s . Anxious to ascertain tbe truth of the report , I made the minutest inquiries , and the result was , that I learned that this great incendiary fire waa neither more nor less than a fire which took place in an out-house of Mr . Smith , and wbich was caused by sparks that escaped from an adjoining forge . The report of an incendiary fire was circulated solely with the view of exciting , in the breasts of the jurors who are to decide their fato , a prejudice against the unhappy men that are to be tried . A magnanimous , glorious , Christian object , well worthy those who had it in view !
MONDAY , October 10 . ( From the Morning Chronicle . ) At nine o ' clock the eighteen prisoners implicated in the charge of burning the Rev . Mr . Aitken ' a house were placed at the bar ; and the Jury having been called over , the Chief Justice entered the court and took bis seat upon the bench . Tbe court was rather more crowded than on previous days , and the greater number of the auditors in the gallery were ladieB , who appeared to take much interest in the proceedings . At the sitting of tbe court proclamation was made that unless all parties out on bail surrendered themselves in the course of the day their recognizances would be estreated . The Grand Jury baving experienced some inconvenience frem the non-attendance of witnesses , an order was posted up iu tiie hall , stating that any one who did not appear when called _would-be fined . The following witnesses were then called : — Lavinia _Beninu gave Murray a good character .
The Solicitor-General said the counsel for the defence had some other witnesses to call to the character of particular prisoners ; but as they were not present , he would call one or two witnesses to speak as to the time when it was alleged some of the witnesses examined on Saturday night were in their houses . Elizabeth Wain , examined by the Solicitor-General—I live at _Burslem . My husband is in town now I know Peter Rogers and his wife ; They applied to me on the 14 th August to sleep at ruy house . She came to me on the Sunday morning , and I agreed that they shonld sleep at my house . Thoy slept at my house
on Sunday night , Monday night , Tuesday night , and Wednesday night Ou Monday night I went for them to Mrs . Brooke's between eleven and twelve o ' clock . I went to the _dosr , but did not go in . My husband was with mo . Mrs . Rogers came to the door . I saw ber husband and Mr . Gibbs coming from towards Hanley . My husband was standing by at the time . Rogers and his wife , and myself and my huaband , then went _straighc to my heuse together . It was then about half-past eleven o ' clock . _Rogers aud hia wife then went to bed . We left Gibbs at his own door . Rogers and his wife breakfasted at our house on Tuesday morning , and left between nine and ten o ' clock .
Cross-examined by Mr . Allen—My husband is a _clockmaker . We ao not usually let lodgings , but I knew Mrs . Rogers . There waa great excitement in the town on Monday night , and many people about in the streets . I thick it was in August this occurred , the second week . I came to Stafford last night . I did not come of my own accord . A gentleman called for me yesterday . I don't know what he was . I was never asked about these matters before . 1 cannot swear where I was on the Thursday preceding the fire , but I am certain I was at my own house . I was out on the _Monday , about ten o'clock in the morning , to hear about the fires . My husband smoked his pipe and we had two glasses of ale at a public-house . I took two small glasses . I waa yesterday told what Mrs . Rogers had swof n on Saturday . Charles Gibbs was with us at the time He heard what was told to me . There was something said about Godwin . I did not get any money yesterday , nor did my husband or Gibbs . We were brought in a carriage . My husband _paid for the ale .
Re-examined by the Solicitor-General—I did not know who the gentleman was who came for us . He put questions to us , but did not write down the answers . There was no light in the room when he went to Mr . Brooke's house . Thomas Wain , husband to the last witness , examined by Mr . Waddington—I am a clockmaker . I know Peter Rogers and his wife . They came to lodge at our _hous 9 about the middle of August . It waa the Sunday before the disturbances . They _s ' . ept with us on Sunday night We went out about ten o'clock , and went up the town and came back again , I went to the door of Mrs . Brooke ' s with my wife . While standing there Peter Rogers and Charles Gibbs came np from towards Hanley . We were talking about the disturbances , and Mrs . Rogers came out We all four went towards my house . When we get home It was near about half-past eleven o ' clock . Rogers and his wife then went to bed . Gibbs went into bla own house as we were going towards home .
Cross-examined by Mr . Allen—I had been that night through tbe town of Burslem . I was not looking at the fires at Hanley . I went into the Leopard and had a pipe . We had two jugs of ale . My wife drank nothing ; she never drinks in public-houses . I will swear she drank none that night The gentleman who was with _ino paid for the ale . My wife was at home on the Thursday evening before the Sunday—at least I found her there when I got home . The gentlemen who came yesterday never told us a word of what the _Rogerses had _awern . Gibbs was fetched afterwards . I was told nothing of what any witness bad sworn on Saturday night . Nothing was said about a witness Gedwiu . I was at home the Saturday before the burnings . I got to bed before twelve o ' clock tbat night I can hear the town clock of Burslem from my house . The clock was broken on the Saturday week by the colliers , but it bad been set agoing again previously to Saturday , tbe 13 th of August
Charles Gibbs examined by the Solicitor-General : I live at Burslem . I am a tailor . I know Peter Rogers well . On the night of Monday , the 15 th of August , I went with him to see if it was correct tbat Mr . Forester ' s premises were on fire . We went off about half-past nine tbat evening , and went to Hanley . The flooring and roof were on fire when we got to Mr . Forester's . We stayed about an hour , and then returned to Burslem : the distance iB about a mile and a quarter . 1 saw Rogers go to Mr , Brooke ' s door , and then he went away with Wain and his wife . It was then about half-past eleven o ' clock . Cross-examined by Mr . Allen : I was never asked about these particulars before yesterday . I have previously mentioned that I had been with Rogers to Forester's fire . I was the first person asked questions yesterday . I did not attend much to what was going on , as I felt rather nervous at being called on as a witness at a short notice .
The Solicitor-General said it had been stated that the witness Godwin was drunk , although the question was not put to Godwin himself . He asked the eourt to put the question to him , in order to ascertain the fact Godwin was then recalled ; and in answer to questions from the Chief Justice , stated positively that he was not drunk at tbe time be saw Eilis at the fire . In answer to Mr . Allen , tbe witness said there were no other persons , friends of his , with him at the fire . It was near three o'clock in tbe morning . Mr . Allen tben addressed the Jury on behalf ef tbe prisoner EUis , in reply to tbe evidence that bad just been called on the part of the Crown . The whole question they would have to decide was , whether he was present at any time during the burning of
Mr . Aitken ' a house , with his face blackened . The Crown had peculiar advantages , which they were not slow to make use cf—they had the dispositions bis weeks previously , and were all aware of the nature of tho evidence to be preferred against bim , while the prisoner was in total ignorance of the movement of the Crown , or of the evidence that was to be called against him . gucb was the present practice of the criminal law in this country , and it was only on Monday last tbe prisoner was apprised of the nature of tbe offence of which he then stood charged . What could the prisoner do under such circumstances but endeavour to procure the best evidence at the moment to show tbat he was not present at the time alleged in the indictment ? The Jury would bear in mind that the prisoner was tben before them , on a capital charge , and if
any reasonable doubt existed in their minds , be felt _satisfied they would give the prisoner the benefit of that doubt . The Learned Counsel then proceeded to comment at some length upon the evidence adduced in favour of Ellis , and contended that they could not , after such evidence believe that EUis waa at the fire . The discrepancies of the witnesses on Saturday night were of the most trifling and unimportant kind , while the main facts had not been disproved in the slightest particular . He could not help remarking upon the severity of the _couise adopted by the Crown in employing the whole of the previous day in hunting np evidence . to rebut that which bad been produced in fivour of Eilis The Learned Counsel , after a most impressive address , said he would leave the case with perfect confidence to the decision of the Jury .
The Solicitor-General then proceeded to reply upen the evidence . He thought he should best discharge his duty by merely referring to the evidence that bad been laid before them , and then submitting that evidence for their opinion . Tbat there was a riotous and tumultuous assemblage en tbat evening there could be no doubt ; that tbey attacked and destroyed tbe bouses of Mr . Forester and Mr . Parker by fire that evening was equally certain ; tbat a portion of the mob , in the first instance , proceeded to Mr . Aitken _' s , and broke tbe door and windows , and that they were followed by the remainder of the mob , who proceeded to the work of destruction , and ultimately succeeded in
destroying tbe house , was also clear . Thequestion then was , bad tbe prisoners been identified as a part of that mob , and bad the prisoner Ellis been shown to their satisfaction to be present aiding , countenancing , and encouraging the mob ? He did not mean to say that tbe mere fact of a man being there was enough to convict bim of being a party to the criminal acts of the mob ; but if they could , by his words and acts , both before and after tbe transaction , connect a party with the conduct of tbe mob , they would then say whether be was there for an innocent or a criminal purpose . With regard to the greater number of the prisoners , be believed tbey could have little doubt . U tbey placed
Stafford, Frtdat, Oct. 7. T Convictions ...
credence In the testimony of the witnesses , tbat they were guilty of the effence laid to their charge . The learned Counsel then went over the evidence against the several prisoners at great length , reserving _EUla for tbe last He would then tak e the case of Ellis , and he called upon them to dismiss from their minds everything tbey bad heard which was likely to prejudice their judgments , and to decide upon the evidence that had been laid before them . When they called to mind his conduct and speeches on the morning of the fire , and bis subsequent addresses to the mob . they eouW have little doubt , if they believed he was present , that he was there with a criminal Intention . The Learned Counsel had not closed his address when our report was despatched .
( Before Mr . Baron Rolfe ) John _Hollis , Samuel Slmpkln , Robert Cllsh , James Mason , Francis Taylor , John Room , George Sharpe , William Duffield , George Fletcher , and John Brook , were indicted for an unlawful assembly at Mr . Host ' s colliery , and assaulting Benjamin Benton . Mr . Sergeant Talpoord stated the case . It was the most serious charge that had arisen out of the riots in the southern division of the county . On tbe evening of the lS-h of August , four persons were taken into custody , and locked up in Wolverhampton , on a charge of riot ; the next morning a large mob assembled with sticks and bludgeons . The mob then went away towards one of the collieries , and in their way tbey met a constable named Benton . Some of the mob cried out" That is the man who took the prisoners
, yesterday . " On that some of the mob threw atones at him , aud he made his escape into the house of a woman named Hanshaw , who had a son lying sick in bed . The poor woman being terrified , shut the door , but at last was compelled to open it , when the mob rushed up stairs and found Benton concealed in the room . They dragged him out of his hiding-place , and commenced beating him with bludgeons and cinders , aud continued to do so until he became almost insensible . They cut and wounded him in a most dreadful manner , and he would show that the prisoners , or one of them , would seem to have desired his death . He would show that the prisoner C ish , after the constable had been severely beaten , raised him up from the ground , and said , "He has not . had enough ; " that
Clark then struck him in the face several times . In fact , the whole of the evidence would go to show that the assault was of the most serious nature , and the case would require the most attentive- consideration of the Jury , inasmuch as the punishment which would follow a conviction upon a charge ot that nature . would be of a very serious _description . The Jury would hear from the witnesses a description of the kind of cinders with which the constable had been beaten and cut ; tbey would hear that they were not of the light description commonly known as cinders , but of a weighty and most _dangerous kind . It would be _abown tha _? , after having beaten the constable in that Bavage manner in the house , they dragged him to the brewhouse , and some of the mob called out , " kill him , kill him . "
Benjamin Benton was then examined , and deposed to the faots as stated by the Learned Sergeant in his address . He identified Mason as one of the mob who struck him with a cinder . He saw John Room up stairs when they were beating up ; but he could not 8 wear that Room ill-treated him in anyway . Ha was amongst the mob . Hollis was one of the party in the brewhouse , and struck him on the head with a large stick two or three times , After the mob had beaten him he was taken home in a oart and put to bed . He was attended by Mr . Best , surgeon , and had not then recovered from the effects of the beating he had received . Mr . Huddleston , for the defence , subjected the witness to a long and searching examination , but nothing material wasjelicited . James _Henshaw was then examined as to the attack on his house , and corroborated the evidence of the last witness .
John Davis said he distinctly heard one of the mob say , after they had beaten Benton , " D—m his eyes , he is dead enough . " Benton was then lying on the ground bleeding very much . He was then quite insensible . He heard Drew shout several times , " Kill the—— . '" The assault was committed about eleven o'clock ia the morning . Simpkin stopped the _ch-ck in Hen 3 haw ' s house by _kieking it over . Never mentioned that circumstance before to any person . Witness identified Hollis as one of the party who surrounded and attacked _Benton . On his cross-examination , he said he had never been asked about the clock , but it was the fact He did not know any others of the prisoners . The trial was proceeding when our report was despatched , and the case is likely to occupy the remain-, der of the day .
( Before Mr . Baron Parke . ) Thomas Rowley , John Rdwley , Thomas Smith , Mark Baugh , and Cornelius Hicken , were arraigned for a riotous assembly and riot , and for an unlawful assembly , on the 3 rd of August , in the parish of Norton Kanes South Staffordshire-Mr . Sergeant Ludlow ai _, d Mr . Godson conducted the prosecution ; Mr . _Metev ard appeared for the de _7 fence . Mr . Hanbury , jun ., was part proprietor of the Brownhill _CoUiery , Norton _Kanes . On the 3 rd of August ,
abeut 300 persons , armed with clubs , came to the Croft-pit , and required the men to leave work , saying , "We will have the — out" As the men came out he protected them as well as he could . When the men reached the pit ' s mouth , one of the mob read a paper , _containing a resolution of a public meeting , which -was to the effect that the meeting had agreed that the men should not work for less than four shillings a day , for nine hours each day , including one hour for dinner . They were also to bave two quarts of beer each day .
Marlow saw the mob who knocked up the men at the _Setdhouse pit belonging to Mr . Hanbury . Rowley , Smith ,. Hicken , and Baugh were there . Baugh was a leader . James Yeates saw tbe mob at the first pit of Mr . Hanbury , which was called the Craft pit . He then saw them at the Seed-house pit , frem which they compelled men and horses to come out . There were four pits , belonging to Mr . Hanbury , within half a mile of each . He saw John Rowley active at the Seed-house pit John Rowley was there . Sarah Martian—Mr . Hanbury ' s colliery consisted of four pits , viz ., the Craft , Seed-house , Rising Sun , and Shallow pits . On the 3 rd of August she saw a mob of 150 persons coming two and three _a-breaat , with Baugh at their head , from Pelsall , towards the colliery . Witnesses to character having been called by the prisoners , his Lordship summed up , and the Jury returned a verdict of Guilty against all the prisoners of " an unlawful assembly . "
John Rowley , Thomas Rowley , Mark Baugh ; Samuel Smith , Matthew Hart , Joseph Key , and Cornelius Hicken , were arraigned for a riot , an unlawful assembly , and au assault , with others , on the 13 th of August Mr . Sergeant Ludlow said that the Crown was not in a situation to put Samuel Smith on his trial , and therefore wished him to be acquitted . The Court accordingly directed bis acquittal . Mr . Meteyard defended the prisoners . Mr . Serjeant Ludlow stated the case , which made Mr . Hanbury ' s colliery the scene of the riot and assault
Mr . W . _Hanbuiy , jun ., was at his colliery ( the Brown _Hillj , near the back yard , on the 13 th of August . The four pits extended over 400 or 500 acres . On that day he saw a mob approaching the men , four of whom were repairing the bank . There were barrows at the place . Witness said , " What do you want here ? we don't interfere with you ; why do you interfere with us ? " The meb cried out , " You get bread and cheese here ; we can get neBe , nor shall you have any . " He said , "Why must not we ? " One cried out , " Read the law ' ;" which a man did . The law stated that the miners should not work under four shillings a day , for nine hours , including one hour for dinner . They were also to have two quarts of ale . The men of the pit were rolling spoil on barrows , which tbo meb overturned . Two of the mob went up to this man , Cresswell , and collared him . Witness interfered ; when the mob _seized witness by his legs and arms , and rolled him into the canal , into which he was flung , and went to the bottom . His head was covered with water .
Samuel Thackyard Worked at Mr . Hanbury ' s on the 13 th of Angnst- On that day the meb came up , and said , " Put your tools down and go with ns . We will duck you in the canal if you don't '' They came up in bodies of two , three , and four , and insisted on making the men go with them . They attempted to throw Cresswell into the canal . When Mr . Hanbury w . is thrown in , he heard a cry of " Throw him in . " The prisoners King , Baugh , Smith , John and Thomas Rowley , were there . Mr . Meteyard addressed the Jury , and called witnesses for the defence . Thomas Creswell corroborated the previous evidence , and stated that Bicknell , the two Rowleys , Smith , and Baugh , were in or near the mob . Yeates , jun ., and Mr . Roberts , gave similar evidence . Mr . Roberts identified Baugh as one of the mob .
Sarah Martian also proved the above facts . She heard the mob cry out , ' _« Come lads , knock up your work , put on your clothes , and you will soon be your own master . " She said that master was coming up , when one of the men said , " That's the b- we want" There were 150 men and boys in the mob . Mr . Meteyard addressed the Jury , and called witnesses for the defence . All the prisoners , with the exception of Matthew Hart , were found Guilty . A warrant waa issued for the apprehension ef a man named Bavis , wbo was included in the above indictment , and was ont on bail , but did not appear .
{ From our own Correspondent . ) CONTICTION OF HENRY ELLIS , JOSEPH LIN . NEY , AND TWENTY-ONE OTHER PRISONERS . —SIX TRANSPORTED FOR LIFE . The work is done—the oppressors of the working classes can now rejoice , for they have triumphed . Mr . EllisandMr . Linney are convicted . On Saturday it was unanimously allowed by all parties that Mr . Ellis bad established a most satisfactory alibi . But a Sunday intervened , between tnata /« 'W and the
Stafford, Frtdat, Oct. 7. T Convictions ...
finding of the Jury . Of that interval the prosecutors madeiithe best possible use . Mr . Stephenson , the Solicitor , set off for the Potteries on Saturday , and returned on Sunday night with three _witnesties to > disprove the alibi . That they , did to the , satisfaction of the Jury . The Solicitor-General , jo , hia own , oil y _^ methodistical way , turned the evidence ofthose wit-, _nessea got up at the eleventh hour _^ _rto bis . own purpose . He occupied two hours in that meritorious work ; that was his duty , and for doing that duty he is paid . The Chief Justioe was engaged five honj » in summing up , au hour of which time was devoted to Ellis ' s case . His Lordship . certainly took great pains with the case , but he dwelt with more than ordinary confidence upon the evidence si ted out last night in the Potteries , to which he affixed the greatest _impsrtance . The Jury had to retire before they had agreed . But by their countenances on their return to court it wa 9 easy todisoern how the balance turned . Their names were called over in the usual
order , as also were the names of the prisoners . The clerk of arraigns asked if the Jury had agreed to their verdict . The foreman replied in the affirmative . He then read the list aooording to the verdicts . During the reading the most breathless silence prevailed . The list was as follows : —Elijah Simpson , Guilty ; John Owen , Guilty ; Thomas Murray , Guilty ; George Kilson , Not Guilty ; Philip Deane * Not Guilty ; W . Spoor , Not Guilty ; Henry Howard , Guilty ; Wm . Ellis , Guilty ; A . Wood , Guilty ; Eiijan Clay , Guilty ; James Greene , Guilty ; Richard Croxton , Guilty ; John Rathbone , Guilty ; W . Dunne _* Gailty ; Thomas Roberts , Guilty ; Wm . Eearne _, Guilty ; and George Golclough , Guilty . Mr . _EU ' bore his sentence as if he was prepared for it . A slight quiver passed over his countenance whioh immediately resumed \ %$ usual calmness . Ha and his doomed associates will be brought up for sentence to-morrow . If transportation be their fate , the people may be assured that their immediate removal from this town will take place .
Before Mr . Bur on Rolfe . John Room , John Hollis , Samuel Simpkinsv Robert Clerk , James Mason , and John Taylor were convicted of having attacked and beat a policeman named Boston . Ttiey wero all _transported for life . Charles Lee was arraigned for , and convicted of a riot . He was sentenced to six months hard labour . - Joseph Linney , and Michael Byrne , were convicted before Mr . Baron Rolfe , of an unlawful assembly ; on the 27 th of August . They were indicted for riot and assault , but that indictment failed .
Tho 3 o convictions are what the people expee _' ed . The Special Commission was not got up for a mere idle mummery . Sir Robert Peel and his party are too muoh meu of business , to be guilty of such a folly as to send down to this county these judges , merely to strike awe by their presence . No ! Work he and his party were resolved upon , and work they have done . What may be the result of that work will be shortly known . The eyes of tho country are upon the Special Commission ; the i ' _eeliuRS of the country ere throbbing around it , and the country itself will undisguisedly pass the _' r verdict upon the object and the operations of this Special Commission . Neither fear , terror , or torture , has as yet reconciled a country to a tyrant ' s rule .
. _' . . _'; TUESDAY , Octoder 11 th . ( From the Alorning Chronich : ) BURNING OF THE REV . MR . AITKEN'S HOUSE . CLOSE OF MONDAY ' S _PROCEEDINGS . At the time my despatch was forwarded yesterday , the Solicitor-General had not concluded his reply upon the evidence . Upon tbe conclusion of his remarks the Court ad jeurned for ten minutes , to enable the jurors to obtain some rcf / esbroent . On the re-assemblini ; of the Caurt , The Chief Justice , in his usual clear and perspicuous manner , summed up the evidence ; and after a powerful address , which occupied nearly five h _« urs , the Learned Judge left the case to the Jury for _thair decision . The Jury asked leave to retire for a fow minutis , and , at the expiration of about ten minutes , returned into Court with their verdict , which was read over by the Clerk of the Arraigns as follows : —
" Elijah Simpson . John Owen , and Thoma 3 Murray , Guilty : _George Kelsall . Philip Dean , and William Spode , Not Guilty , Henry Howard , William Ellia , A . Wood , Elijah Cray , John Cunliff , Joseph Gteen , Richard Croxton , John Rathbone , William Turner , Thomas Roberts , William Fearne , and George Colclough , Guilty . " The prisoner Ellis burst into tears on the verdict being announced . They were then ordered to be removed , and the Court adjourned at seven o ' clock till the following morning . ( Before Mr . Baron _Rtlfe . ) The trial of Thomas Rowley , John Rowley , Thomas Smith , Mark Baugh , and Cornelius Hichan , for riotous assembly _and riot was proceeded with .
¦ The evidence against these prisoners was given In my despatch of yesterday , at the time of oiosing of which Mr . Huddleston was about _proceeding to address the Jury on the part of the prisoners . Having done so _. The Learned Judge summed up the evidence , and the Jury returned a verdict of Guilty against all the prisoners . The prisoners , being called upon by the clerk of arraigns , vebeinenently protested their innocence . The _Lenrned Baron Raid tbe _priaontra _liad been clearly found guilty of a felony , which disclosed a scene of turbulence and vio !« nce rarely detailed in a court of justice . They were _inducted under a statute which , if pressed to its fullest extent against them , would have led to their being capitally convicted , and had they
been so indicted and found guilty , be should have felt great difficulty in recommending a mitigation of the extreme penalty of the law . They had , however , by the clemency of the Crown , been indicted upon the milder provisions of the act , but still they were guilty of a crir ; e little short of murder . During tbe painful investigation that had taken place be had hoped there was one _bright spot in the outrages that had disgraced that part of the country , namely , the absence of per . _sohal violence . Theirs , however , waB a most atrocious case of violence ; they had been clearly convioted of it , and he would not be discharging bis duty if be did not inflict upon tbem a marked punishment , and at once sentence them , one and all , to be transported for the term of their natural lives .
Charles Lee was indicted for a riot at Mr . Johnston ' s pit at Bilston . From the evidence it appeared that a few men con * tinued at work after the turn-out , but a great mob came up , among whom was the prisoner , and brandished a cudgel In the face of one of the workmen , and by intimidation , and their numbers and violence , induced ths men to leave off work . The prisoner was defended by Mr . _WhallET , who said it was quite unworthy of the Government to make such trifling cases objects of prosecution by the Crown . The man , if he had committed the _onvnee with which he stood charged , ought to have been brought before the magistrates and summarily convicted . The Jury found the p . iaoner Guilty , and he waa sentenced to six months' imprisonment and hard labour . The Court then adjourned . ( Before Mr . Baron Parke . )
Joseph Linney , aged 33 , a man who appeared much superior to the general class of his co-prisoners , and Michael Byrne , were arraigned for an unlawful _assembly , riot , and assault , on the 27 th August , in the parish of Kingswinford . Mr . Sergeant Ludlow and Mr . Godson prosecuted ; Mr . Neale defended Linney , and Mr . _Spooser appeared for Byrne . Mr . Sergeant Ludlow stated the case . It app ? _ared that , inconsequence of a proposed meeting at Kingswinford , on the 27 th August , a notice of it waa sent to the magistrates , who called together the yeomanry . be tha
Whatever ( said the Learned Sergeant ) ini _^ ht criminality of others who took part in the late riots , a greater offence against religion , _morala ; or the constitution could not be conceived than that which bad been committed by the guilty persons who encouraged the perpetration of those acts . He alluded to Lh . ney , nn itinerant orator , who went about from place to place poisoning the minds of the people . His _object was to exasperate and pollute the minds of the poor working classes . No pnuishment could be too severe for persons who led the « n on to crimes , but who , coward-like , fied from the danger into which the ' r followers were placed by their inflammatory harangues .
Mr . Reuben Plant , a coalmaster , living at _Goosstraybank , near Brcckmore-green , close to Dudley ; examined by Mr . Godson—On Saturday , August 27 , he saw people going to a meeting near Brockmore-green . It had been a place for meetings . One was held there on the 24 th . He saw Linney at a quarter to five o ' clock , p . m ., going towards Brockmore . Witness was greatly alarmed before and after seeing Linney . There was a report that the colliers would meet Linney , and then have a reckoning . _WitncfS had a great number of men in bis employ . A man named Collins was with Linney . Witness notified to Captain Bennett , of the yeomanry , and a magistrate , that tbe meeting would be held . On the 3 rd of August there was a meeting , which was attended by Linney , wbo . said that he expected to meet hundreds , but that be was glad to see thousands . There were thousands present . He addressed tbem as follows : — "
Countrymen , brothers , Chartists , and oppressed colliers . " He bid tbem stick out , and said bis interest was theirs . If they would stand out , they Bhould have their wages and all tbey wanted . Tbe masters in tbis county were calling out for protection , and wbyr Because tbey knew that the poor were a starving people , and a starving people were a rebellious , people . _fTbe masters said "they can do without you , but if you stand and be ruled by one , we will show , them _whether they ean do without you . . We ' will put them in a ship and shove them off , and tell them we can do without them . The mob shouted . He then said " we will divide the land , and live upon it as onrs . . ' [ Linney here laughed . ] He was from Bilston , bnt witness did cot know his trade . The mob consisted of celliers . The men worked until the 3 rd of Aug ., the day of Linney ' _s speech . After that tbey ceased working . The crowd was determined , and cursing tbeir masters and oppressors . [ Linney here burst out crying . ] ( Continued in our Seventh page . )
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Citation
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Northern Star (1837-1852), Oct. 15, 1842, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/nss_15101842/page/6/
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