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    g * P jyy r Fp ^ T >? TsyrR' 73 ASSIZES . ivSI PRTDS COTJRT—Mohbat , Mabch 28 . Before Mr , Justice Erskine . THE LATE RIOTS IN THE POTTERIESTRIAL OF COOPER , RICHARDS , AND CAPPUR , FOR CONSPIRACY . THE QCEE 5 ^ T . COOPEB ASD OTHEB 5 . ( Special Jtrry . ) Thi 3 waa an indictment for Csnspiraey -sgainst ! Efeomaa Cooper , o ! Leicester , John Richards , of Hsnley , and Joseph Cappur , of Tnustr . il . thr . a Ghsrtist leaders . Cappur , having been sect- * ' - -r-i to two years imprisonment in the CJuntT a -. ; the late Special < 3 ommiszion , w&sbrenght -. custody to be tried-in this indictment . Thee ! . iwo defendants weit itonbalL The case had been i reversed from the Sp . ui Cr-mmisbouj and baring beiii removed"by a writ , of < seriiorari , Into the Court of Qasen ' s Bench , came on for trial at Ifiai Prins this morning , at nine o ' clock .

    ¦ The following gentfemeB were sworn a Special Jury , to try the case : — Joseph Tarratt , Esq ., William Arden , Ssq ., John I » evett , Esq , Edward Rabone . Esq .. Edward Farsier , Esq ., John Tnnon Fareday , Esq ., John Bourne , Esq ., E . P . Carf ^ right , Bsq ., Ed-ward Tongue , Esq ., Richard Htzddine , Esq ., Ralph trough , Esq ., Thamaa Sneyd , jEsq . -Mi . Sergeant Talfourd , Mr . R . T . Richards , Q . C ., 2 It . Godson , Q . C ., srd Mr . Alexander appeared to eondnct the prosecution far the Cro-wn . The defendants appeared in person to condurt thtir own defence . The three defendants tooi their plac » 3 at the bar-BfiteHs table , immediately in front of the Judge . Cooper lad a book , in "which he af terwards took notes cf the evidence . -Richards also took notes . Mi . Alexander was abont to state the « onnts of the indictment te the-Jnry , vfhen

    CoppeiTese , and , addressing his Lordship , said—My Xord , I jith here -without any legal assistance at the yf&sent time , and as I understand 3 have fesendxied and convicted at Lancaster 'His Lordship—I can haTe nothing to do -with "what lias taken place in another Court . Cooper—I was about to say that if I lead the fifth count correctly , I think it precludes the possibility of my trial at the present time . Tn « lordship— As you hare not b ? en sentenced I can take no notice of it . If yon had been stnteaced for the same offence-with -which yon are row charged , yon saight havepleaded thatyonhadbeen so sentenced . If yon tare been convicted on the same charge , rthat -will ol course be taken into consideration hertafttr if it shcnld be necessary . Mr . Stxjeact Talfour 4—I am told it is a mistake , and that it is another person .

    Cooper—Well , 1 shall be rery glad to find = that it is a ¦ wnsfatw ; butl find it stated in tte newspaper I have in my hand . The Judge—If it had b « -n so , you -would not have been informed of it through the medium of a newspaper . ill . Serjeant Talfonrd—I do not pledge myself that It is a mistake ; I understand that it is sa . ^ Ir . Alexander then Blated , that the indictment in this case charged that the three defendants , on the loth of August , in the last year , unlawfully conspired together , with divers other . persons , to cause , raise , and make riots and tnmultnont assemblies , meetings , and

    bodies -of the people , in breach of the pnblic peace , and to induoesach people to resist by force of arms the ls * rs cf the realm ; and that the tkree defendants on tha lith of August , and other days , at Bnrslem , in this . county , "snlawfaily spoke to and in Hie hearing of tha subjects ct our Lady the Queen , certain false , scandalous , and seditious speeches , -with intent to incite and pusuade the people to discontent with , and hatred , and dissection to the laws of this realm , as by law established-There -was a second csont , whka stated that the three defendants -combined together , to procure and raise tumultuous riots , and seditions assemblies , in order to resist by force and cause to be-resis : ed by force the doe execution of the laws .

    Mr . Sergeant Taifoxtbd , m opening the case for the Crown , sa : d—May it please your lordship , gentleman of the jury—It is my duty , by the direction of the lawofficers of her Majesty , to state to : you the nature of the charges againrt the three defendants , and with the assistance of nry learned Priendsio lay before yon the evidence by which that charge 'will be sustained- In thBdlschvige of that dnty , I shall be compelled to recal to jour recollection those disastrous scenes of tumult ana plunder -which occurred on the memorable days of Monday , the 1 Kb , and Tuesday , the Uth of August last , in the Pottery district of this-county , -e-hicb renfiered necessary } the Special Connnksion which sat in tins place in October lost , and which ^ lrew down upon ju&ny unfortunate persons the railt asd punishment of

    felons . The preseat indictment is one that -was found at the Special Coissussion against the tiree defendants . It imputes to them guilt of a less legal-degree than that of those persons -who were then convicted ; but 1 cannot conceal from yon that it imputes to them , guilt of equal moral atrocity . The charge being one of susdeineanonr . fiia defendants exercised tbeir right to traverse this indictment to the present assizes , and npon that traverse it Is that that indkSment comes before jen for your Just and impartial- decision . Gentlemen , fetfora I revert more particularly to the nature of-this , charge , and shew you -what it is , it -will be -wall , rby way of caution , tfcat I ihocld-state to yea t&at trZHA it U not In : the course of th » ievidecce you -will bear speeches attributed to the several defendants , in which . you vDl

    find mention made of £ great political change which the defendants profess to advocate , under theiaaxne of the Peoples Charter . G ^ atlemen , I cannot too-Eoon ac-¦ quaintyon that it isnot against the principles of ( base who desire that political chanje—it is , not againat the public advocacy of those principles—i £ is cot - even ^ guiflfft % y \ iT > tATn p ora . fj » Z 6 al in tTia advocacy of ttieipriiioples -which are snpposed-. -to be involved under ihat name , that this prosecution is aimed . * It is perf * cUy lawful for any one by writing , by lecturing , by speaking on fit and "proper occasions , and in a temperate manner , to urge those principles on the public ffiind , and to seek to attain their object -when time shall h&ye ttatured the minda of tha jpeople of this conntry for the entertainment of those pritaplea ; snd even

    supposing vu \ , in the course of th * i advocacy , in the heat and the seal of the moment , some intemperate expre * - aions had fallen from those vrho -advocate such principles , that also is the nature of the . charge which is preferred against these defendants , a may , indeed , perhaps , be permitted to observe that U might excite some surprise that any one . iowever deeply impressed with the tmtk and justice of -what are -called Chartist principles—fco-srevex fondly believing ihsi a time would eome when the public mind would is turned tc the support of these principles—and toweyer deeply impressed these principles might be npgn . S 3 honest mind , —123 . J it BOgkt exaie surprise to fiod at possible for any calm person , judging with serenity e £ temper , to look around it the state of society in this gisat country

    —to see the thousand roots by which power is planted in the varioaa classes of sockty—to seeiow , lick by link , the institutions of the eountry are attached to the hearts of those around them— It is difficult , I say , io conceive thai iay person , eaimly sad serenely believing those piinciplLS to be the pr inoples oi trnUa . « ould hope loi any speedy or sudden triumph of those princi plBB by the mere "weapons of reasoning and argument But I will grant that it is possible that a person , « nthnaiastically attached Jo those principles , aay see the Imaginary future in the iastant—that he might think it Possible to over-leap all tiisse obstaeles^—and believe that the season had come for the triumph " of thos « principles . And if you shall find that these defendants have done no more Than this : if you find that they only

    intended to advance their eause by reason , by peraua-Mon , and-by eloquence , I ask no verdict against them , lowerer I may think them ( and yon may think them ) inistaken Trith lespert is these principles , or their speedy victory . The scene to which I shall have to call jour attention is no doubt very famiHar to most , if not to = 31 of yon ; it is the Pottery district of this county—a . aisbict «? -wHch Tumrtaii ' is at the northern 5 Xtxemity , sad Longton to the south , in the centre ef irhich is Bnrslem , Hanley , and Stoke , and to the vest Newcastle . It is a district surrounded by eolleries , the Tnfnfral wealth of which is jpsat , and Uiose eolleries extend , in fact , bey&nd the Pottery works . The Pottery works have of late years sroirn into a most important psrtornasion&linQiiHtry , and give employment to many

    thousands cf hands in a district thai is densely popu-Ions . In the month of August last , unhappily , disputes had arisen hoth among the colliers and their masters , and the potters and their employers . Those dispntes had nothing whatever of a political nature in iJoeir origin . They arose tntirely in disputes with respect to the wages to be paid in the different colleries , and in some of the pottery manufactories . The men had atruck for wages ; and the masters and men were in that degree of hostility to each other which such a condition implies . Xn that Hiere vras nothing flleeaL 33 » Trcrimen had a perfect « ght to combine , -sr ith £ ' . fo . r the P ^ Pose oi desisting from that labour their

    una requisition should be complied with or a compromise effected ; bui although that state of thinn Involved no crime , yet it involved a great calamity because one cannot conceive of any state of thinM more disteessang than that in which the ties of affection and l ^ ard -whichlnnd the higher and middle classes to the lower are turned into hostility , and the fuma ; ^ Of xaany .-woxking men left without the ordinary mfisns of wbasteace . It was at such a season that we charge the defendants ( and yon are to judge by the eTidenca whether it was so } that they , taking advantage of the ¦ nhappy state of hostility in which some of tha mas . tea / were placed to their aezraota , thought they eoald oploy the force of those -who had chosen to leave ' their

    • mployaeut to do that which -was illegal and tyran nous—to farce others who were disposed to work fox Hieir masters to join tbm * who had zteuck foraa in > « w * seof -wages : that they thought t&at in each a state of thing ! they might turn that which waj a strike for Wage * ( having first aggravated It by force and violence ) Into a atrike for the Charter : that they could assemble the mpltitade ao turned out from their honest employxunt , and combine them into a common cause , so that fijey may strike , by means of these persons , terror and iinaay into the hear t * of those who opposed them , and thus obtaio aa illegal advance of thoM

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    prmciples -which they bad a perfect right legally to ad--vocata . Two of the persons before you reeide in the district of the Potteries . One of the persons included in the charge , Wm . Ellis , whe has been convicted of another offence , was a potter , at BnTslem . The defendant C&ppur was a master blacksmith , at Tanst&U . The defendant , John Richards , was a shoemaker , at Hanley ; and they were all active advocates of what are called Chartist principles . The other defendant , Mr . Cooper , is a stranger to this district He had paid it a visit before August last t which you will find to beimportant in the investigation of this case ); bnt he is , 1 believe , a person residing at Leicester , and not having any business in , or connection with , the Potteries . I shall sbfir yon that in the month of March preceding

    the outbreak in August of last year , Mr . Cooper for the first time visited the Pottery district , when he became acquainted with the other three defendants mentioned in the indictment , Ellis , Richards , aad Cappur . I shall shew that all four were together at meetingB of the same character , and that at the close ef thoBe meetings SJr . Cooper left , stating that ho should come again at some future season . The meetings at that time -were held at a place called the George and Dragon , at Hanley 1 and you will find some of the -expressions used at those meetings ( with respect to the number of soldiers in different parts of the country ! tallying with some of the expressions used at meetings which were subsequently held . After Mr . Cooper had ltift , meetings took place at Tnnstall and Hanley , at which the

    defendants Cappnr , Richards , and Ellis spoke , and y » u will find that at one cf those meetings the defendant R chards used expressions wfeicb will be very material indeed in tee course of this inquiry . He told the people whom he was addressing that the army -was withdrawn on foreign service , and that there were only five or six soldiers to every town throughout the kingdom . It is for you to conceive -whether These observations had a tendency to an attack upon tha authorities by forcB , or -whether you can apply them to the advocacy of principles by argument and reason . On the 30 th of July , when the public mind in the Potteries -was agitated on the subject of wages , Mr . Richards spoke to sevrral persons around him with abhorrence , of the military . He spoke of hew he would treat a son of his to prevent

    bis enlisting into tne army ; and said , " you need not mind ball cartridge : -we will have blood for blood , -vrhen toe time for the cut-break arrives : stick to your point , and we shall get what we require . " On the 9 th of August a meeting was held on the-Crown Bank , in the very centre of the heart ef the Pottery district , and ¦ where there is very great facility to accommodate the numbers who might assemble in that popnlons neighbourhood . At that meeting Cappnr made a speech , in which he alluded to some military tactics , told a story of the Duke of Wellington which , if tru * , ( but certainly it was not true ) would have been dishonourable to that great soldier , to which this country will be under such eternal obligation ; and he tbtn referred to the military tactics which they themselves wonld bave to practise

    On ihe 12 th of August there was another meeting held on the Crown Bank , at which both Ell » and Richards were present . Now , up to this time the defendant Cooper had not appeared in the Pottery district from tfee time he was there in March . We believe that he first came into the distriet on Saturday , the 13 th March , but that irili not be tbtj important , because his second introduction on ihe scene took place on Sunday , the 14 th of August On that day he was first observed heading a procession , -wnicn Traa "moving towards Longton from Hanley ; and the persons -with whom he was in procession , about 100 in number , were sinning verses to a hymn tune . Cooper led them on until they came to a piece of waste ground in Longtan , where he mounted a stage or some rising ground , from which be addressed the people . He spoke then in the same strain in -which the othsr defendants bad spoken befi re with reterea-ee to the small Dumber of soldiers in each town . He said that there had been a plt-ntilnl harvest

    for the people to enjoy ; he spoke of the army and the clergy , and , what will be very important in this case , he pointed to the Church ; he ipofce of it in language which I will not repeat , but he particularly pointed to tne honse of the rector of . Longlon , and said that the rector had some £ 400 o ? j * 500 a ye ** , bat thit be ought only to have £ & $ or £ b 0 a year 1 He spoke of the time when the church should be laid low , and the people have an opportunity of enjoying that which was now appropriated to the ministers of the Established Church , You will find that very important , with reference to the tendency of this discourse , when you hear what -were the imits on the following day up ^ n that particular scene . He said that be had addressed 15 , 000 people at Wednesbnry afew days before , and thai they bad come to a determination to abstain from work until the Charter was the law of the l » rid . He then Save out some verses , ( which were sung to the tune of Rule of Britannia , ) commencing with tue words

    " Spread the Charter through the land . — Xfct Britons bold and brave joki heart and hand . " He tben -went tkToush a form of preycr , and dismissed the assembly with a benediction , eta ting that there would be a meeting on the Crown Bank , Hanloy , on tba following morning . Accordingly thct meeting took place st Hanley , on Monday morning , Mr . Cduper being the principal speaker . He appeared there among a number of persons who were physically strong ; many of them ^ rere axmed witti large sticks , ipme of them were reclining on the groaud with their sticks by their side , while others were standing leaning upon sticks . He began -by saying that he was come to tell them what had been done in other places as to ceasing from labour

    until the Charter became the law of the tend : he did not tell them to do what others had none , but he to d them -what they had dose , asd perhaps tbev might be disposed to follow their example . He then sp <> ke of the meeting as Wednesbury , which had been attended by 15 . 000 , instead of as he had expected by Sf' 00 ; he spoke of the earn that was on the ground , and he incited the people to eome to a resolution to desist from labour until the Charter became the law of the land . He said he was self-elected Chairman of the meeting , and gave out those beautiful words-of Scripture , " Coice all ye that are weory and heavy l&dsn , and I will give you rest ; " and thet , as appropriate to that ttxt , be proposed a resolution that all should cease from labour until the Charter became the law of the land .

    Cooper—My Lord , 2 don't know whether I am in order , but I believe tte Learned Sergeant will find , if be refers to his brief , that I did not do to . Tke Learned Judge replied that the fury would of coarse be only guided fcy the evidence adduced before them , Mr . Sergeant Talfonrd lesamed—gentleman , what 1 -em now stating is merely to . give an ontlineegf the case * cr the prosecution . Of course if I de not etablish by credible witnesses any part of ^ ny statement , it is quite unnecessary for me to tell you that that is to be -entirely dismissed from your minds . I am stating it front iniatter which I have reason to believe lahall prove ; but when a ease depends on expressions no-flonbt you will *? atch the eriderica with great vigilance , &nd take care -that

    nothing is pressed against the pnuner ; and if ? ou thougut that there waa any mistake ^ to bis meaning , yon woeld give him the benefit of the doubt I thiafe there can be no doubt on the evidence { that he sought to indosa them to abstain from lafeour until the Charter v ? es the law of the laDd ; but SEbetber he put that proportion in the form of a reBolutiot , er whether be did so by incitement , is qaite iannateriii . It is not at all necessary for me npon this part of fcfcs case , to rail upon yo » , under my Lord ' s direction , U find that such inritemcBv , such recomnieadationa ate in themselveB offencei against the law , because tb « present charge goes beyond them , and it is only aa ingredient in the case I have to lay btfore yon ; feut csa one conceive anything more disastrous than the segcess

    of such a scheme * Can ene conceive any positioo of feuman seciety more distressing , in whkh acts of outrage may spring up , thai : for the -working population of tfce country to beplaced in * state either of starvation or theft , because it is quite impossible that such a recommendation couldlead to any other resnlt It was a part of the doom of our species , attbe time when it fell from its first innocenoe , that " by the sweat of the brew it shouid eat bread , " asd a part of that doom was a merefful part—( because there is no state in -which man can be healthy if in a condition of inaction , unless 11 be in a -state of innocence)—It ifl , therefore , a mercy to fallen man , that industry becomes a part of our very nature , ana the 4 nty not only of those who are most falsely , as distinguished from other classes , called the " working

    classes , " { that is , those who work by the labour of their handB . ) but it also beeoines the duty of those filling every station in Bociety—of those who Woik by the severer and More anxious toil of the brain—who have the intellect perpetually exercised omidst anxiety , toils , and cares -, and it 1 b the common lot of man , from the cradle to the grave , that in one department or another he should serve his family , his country , and bis friends by the labour either of his hands or his brain : and he , therefore , who severs a whole population from that healthful state to which Providence has callad . ns prepares the seed for the introduction of the werat possible consequences—foi the triumph of the worst possible passions—for the snffcricg of the worst possible calamities . You will find , however , timl the

    incitement on thB Crown Bank was not confined to that Mr . Cooper , you will find , used other language then , which I would rather you should hear from the witnesses than from me , and which had a tendency , { rather Indeed by an artful covert , ) but still had the tendency to incite to acts of distinct outrage , and you will find the consequences were immediate upon the incitement being made . The Learned Counsel here proceeded to nawate the riotous proceedings of tte mob in Hanley ^ mediately after the breaking np of the meeting on the Crown Bank on Monday , the 16 th of August , in tte comae of which he observed that tte mob who had tamed out the people at Mr , Ridgwaya manufactory was headed by Yates , in whose house Cooper then

    todged ^ aad that in his speech Cooper had referred to tte Court of Request * as a specimen of data legislation . SergeaEtTalfourd proceeded to describe the destructive Stolra , and Mr-BosVs reddex . ee at renktmn , and after describing -what took place at Fenton , the Learned Counsel observed : — " The work of the third division of the mob wsb Btill more fearfuL They directed their conrae to the spot from which Mr . Gooper had addressed tte people the night before at Longton . They first atUcked the Town Hall and Police Office , which they partly destroyed ; they ttoaght there -were arms In the Hotel and searched it for arms ; they obtained I believe eome police staves . "

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    Cooper—The Laarned Sergeant most be quite unaware that the multitude thought this . He does not quote hia brief . The Judge—He is only giving an abstract of what his instructions are . Ceoper—I am not aware it is usual to inflame the mind of the Jury by telling them what tha multitude " thought " The Judge—Certainly not , but he can tell them wbat the mob did , from which the Jury may draw their conclusions . That is the effect of what has been stated-r that they did such and such an act , and it is for the Jury to say with what intent the mob did that act . I don't think you -will find brother Talfourd will state anything improper . Cooper—I make no general complaint , my Lord . The word "thought ' struck me at the time .

    Mr . Sergeant Talfourd continued—I am sure if I used any word that waa unfair—if I said what the parties thought , I stated that which was not strictly correct ; but if the defendant -will allow me I will put the question on a fair footing . I do not state to you that these parties -went to Longton because Mr . Cooper bad been speaking there tte day before ; bat I put the two facts in juxta-poaition , and it is for yon t » draw your conclusion . They went from the Town Hall to the housa of tt » e Rector , the Rev . Dr . Vale , ( the person who had been referred to by Mr . Cooper in his speech the day before , ) they burst open the house , plundered it completely , set fire to it In four places , made a pife ' of furniture In front , which waa set fire to ; they found in the bouse a quantity of spirits , ¦ which

    they drank , and this no doubt inflamed their fury . They remained there till four in the afternoon . A fireengine was brought to the spot , but an attempt was made to destroy the hose , and that attempt would bave been successful but for the heroic conduct of a surgeon named Bawes , ¦ who , -when the authorities were quite paralysed , ( tor there appears to have been do attempt made to interfere with the proceedings of thia mob , ) rescued the hose of tte engine from those who were about to destroy it , and ultimately enabled those of the inhabitants who came up , with some soldiers and police constables , to extinguish tte fliines . A number of infatuated . creatures , who had become intoxicated , ¦ were easily taken into custody by the police and soldiers , as they lay in a state of helplesanesa on tte ground .

    While this was going on Mr . Cooper did not appear ; and I state to you in the broadeBt manner , that there is no evidence to shew that Mr . Cooper ever took a part in the destruction of proporty , or personal violence ; bnt where was he during the day 1 At half-past ten in the morning , -when tte attack was made on Mr . Gibbs ' s house , and the Court of Requests , ho was at tte Royal Oak , Hanley . A witnt . ' -s , who is the lessee of the Water Works at Hanley , went to inform the landlord of that house as to what was going gn ; and it will be au important circumstance for your consideration that Mr . Ricl-. arda was in tbat room at tte time with Mr . Cooper . Mr . Cooper was informed of what was proceeding ; but the witness i 3 not sure ¦ whether the . following expressions were used by Cooper

    before or after he had informed him of the attack on the Police-office ; and I , therefore , desire , tbat if there bo any doubt on the construction to ba put upon these words you will give the benefit of tte d >* uDt to the defendant Cooper said , " That ' s right—that's the way to do it ; " and he will contend that these expressions were used , not with reference to these acts , but to what they bad done in tnrn ' ng out tte bands by stopptnj ; the colliery of Lord Qranville . and fey turning out tte hands at Mr . R-dgwny ' s . If there is any doubt upon this point , the favourable construction is the ono you are bound to adopt I will suppose that those txpreseslons had :. ot reference to the outrages of which be was then Informed ; but surely if he -was at tbat time informed of what course the people were taking who had been attending on his discourse in the oiorniog , yon would have supposed to find him endeavouring to put a stop to these proceedings—surely you would have expected , if bis obket and desire had been something

    far different from that of which he was apprised , that he would have attempted to prevent it ; but he does not appear on tte scene during that day until the evening , -when another meeting is held , according to notice . That meeting at the Crown Bank is of the last importance in the consideration of this case . Just see what a state that neighbourhood was in at the time when tte meeting was held ! Mr . Rose ' s bonne had been pillaged , Dr . Vale ' s had been blazing , and thp country thronghout was in terror and dismay ! Now , if at that time he used tte expressions which are attributed t « him , it is impossible to put any other construction upon them bnt that he expected what had taken pluce . He said to the people , " Some of ysu have been drunk to-day ; " ( that was at Dr . Tale ' s , ) " keep yourselves sober—if you get drunk you are sold . "' He gave them that advice which , in the first place , proved tbat ho knew what bad taken place , supposing you could doubt tbat any one could be within two tuilea and not hear of it .

    Cooper—The Learned Serjeant cannot be aw&te of what was given in evidence on the forunr occasion , Tne Judge—I must not have allusions made to what took place at a former trial Cooper—You see , my Lord , thia is n « t inproof of anything that bad taken place . The Judge—I cannot tell until tba expressions are proved . At present brother Talfourd is only stating what he expects to prove . Mr . Serjeant Talfourd—I am reasoning upon tho evidence which I propose to adduce . If that evidence is capable of another construction , tte defendant in his turn will give it Nothing in itet-lf could be more commendable than tte advice to the men to keep sober ; but ¦ till it will be for yon to say whether it -wjb possible for

    him to have come to tho Crown Bank in Hanley , ( which is about two Hiilss from Dr . Vule' 8 house ) to meut his disciples on that evening , without beinjj apprized as to what had taken place . I cannot conceive it possible tbat any person in a pnblic capacity , ia the centre ol that district , could have been ignorant of wbat had taken place , however be ttigbt have disapproved of the acts . Now , it will be for you to judge of the words which I have before me , but I will not now state them , because it Is better , when expressions are to be depended upon , that you should hear them from tte witnesses-If in that state of things the defendant Cooper did not dissuade them not merely from drunkenness but from acts of violence , and if he addressed them in moat

    int « -mperata terms , it is for you to draw the inference with what feelings he regard jd the condaot that had token place . The meeting dispersed at the sound of a pistol . Whatever Mr . Cooper had said at that meeting , you will find what the parties did to be incapable of any ? xplanation whatever . They went from thence to Mr . Forrester ' s offlcei , which they set fire to ; they remakied there triumphant until ten or eleven o ' clock , and Crom that time tte house was in flameo . How was Cooper engaged at that time ? Was he doing anything ? I shai ! shew you by six witnesses that while the house o * Mr . Forrester was in a blaze Mr . Cooper was seen to walk down in the crowd towards that fire : he wai afterwards seen in company with &ee or six persons .

    Cooper—Having substantiated an alibi at the Special Commission , — The Judge—You must not slate facts that ocssrred elsewhere . ¦ At present I can enly attend to the evidence to be brought before tte Court , and the Counsel must be allowed to state what he intends to prove ; he -will then call witnesses ; and after he ha 3 dcae eo you can address the Jury , aud call wituessos if y « i please . lir . Sergeant Tilf jnrd resumed— If the defendant ib able £ 0 shew tbat be was elsewhere at the time , well and g « od ; it will be for you to judge according to tha evidence . I was mentioning that about a -quarter past Wn Mr . Cooper was seas , proceeding in the direction I have naaiffd . About a qutrter or half-past eleven , the

    crowd caHrS from Lord Gr&aville ' s , and went on to the house of Mr . Parker , 3 magistrate of the county , residing in Shelton . It will be in evidence before you that Mr . Cooper waa seen to . detach himself f « nn th « mob coming from Mr . Forrester ' s , that be was with a person whe wa ± dressed in women's clothes , but who Eppeared to tte witnesses to be of the other stz ; tUat he was seen to go towards lit . Parker ' s ; ar * d that a very shi » rt time afterwards the flimes broke out from Mr . Parker ^ house . I shall call another wftuesi , wbo will teli you that he saw Cooper three times wa ! k back ward nnd forward in front of tte place where that fire was raging . Xbeso cirtuiustances wUl be laid before you for the porpeas of asking yen , not on this occasion to believe that Mr . Cooper

    actually was a pany to this fire , er bad dirtily and immediately excited the people to commit the &&' > but for the purpose of asking you , whether you can cov nect such conduct as that with the speeches which wih ' ha given hi evidence , end then believe that to . r . Cooper was in tbo Potteries innocently and laudabl > advocating the principles -which he hoped would eventually trinniph . Air . Cooper , according to tte evidence of the witnesses , tfas seen to go off from Shelton towards Burslem , whero he was caken into custody , and taken before Mr . Parker , the magistrate , who was at that time in seme other house in bed . Mr . Parker did not at that time see any reason to detain him -. he -waB discharged : and tbat was I believe the last time that Mr . Cooper waa seen in tte Potteries .

    Cooper . —The Learned Sergeant is connecting my sup . posed appearance at the fire with my speeches , while I have proved au alibi . The Judge . —I have told you that I know nothing of the facts . The counsel can kn . ow nothing of ttem but what proceeds from the witnesses , and therefore you must allow the case to proceed in the regular way . Yon mast not interfere , because I abafi not allow it Cooper —It Is Intended to compel me to produce my witnesses again , which I did net expect It has already cost me £ 100 . The Judge . —Whatever Is evidence in tte case 1 must allow to be biought forward—I cannot alter tte law .

    Mr . Sergeant Talfourd ogam resumed I will make no allusion to -what passed on tha occasion to which Mr . Cooper alludes , as I was not present myself . I am stating , I hopei fairly tte case I am about to lay before you , according to my instructions . I was making the remark for his benefit , that that was tte last time when he was seen in tte Potteries . He waa afterwards apprehended in Manchester at some distant time . Cooper . —I was never apprehended at Manchester . Mr . Sergeant Talfourd . —Well , that is quite immaterial . It is not necessary to pursue tte melancholy proceedings of tte night of tte 15 th of August The

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    mob , after attacking Mr . Parker's bouse , attacked the house of Mr . Aitkens , the Rector of Hanley ; they afterwards broke into tbfe house of a solicitor named Griffin , and committed other acts of outrage on which it , is not necessary to detain you ; they ore matters of history ; but it is necessary to see what tho general con duct and acts of the mob were which the defendant Cooper ia charged with exciting . On the following morning another meeting was held at the Crown Bank . Mr . Cooper was not there , and , therefore , what took place there cannot personally attach to htm . The defendant Riahards and Mr . Ellis were present ; and again I will not state to you the language said to have been used by Richards or Ellis ; but I believe you will find the same allusion to the soldiers ( which had been

    referred to throughout the transaction ) again dwelt upon at tbis meeting ; and I think you will not find from one end of the transaction , to the other , anything like lamentation witn respect to the various injuries which had been committed . It may be tbut Mr . Cooper did not intend that those injuries should proceed to the extent to which they did It is possible that he might have left tte county shocked at tte extent to which they had proceeded ; but it rs fur you to say whether , the expressions used at such places could bave bad any other object than that of arousing the passions of those who were present to acts and deeds of outrage , for the purpose of striking dismay into the hearts of those who were disposed to oppose the Charter—whether that was not the scheme ( although

    the plunder and drunkenness might have been without scheme ) -which the defendants had in view—whether they could have had any other object than to have tte police-officers attacked and the law resisted . If they did that , then they are guilty of the offunce charged on this record . After the meeting on Tuesday morning , the crowd increased , they called out " To Burslem i " Ellis headed them to Burslem , and there , for tbe first time they met -with effectual resistance . Captain Powys , an active magistrate of that division of the county , had assembled the soldiers together . Tbe mob at the signal of a pistol buing fired pelted the soldiers . After C&pt . Powys had resetted to every other means , af ler he had read the riot act more than once and implored the people to disperse , or be should be compelled to request the

    officer in command to order his soldiers to tire , that order was given . Oae of the mob fell dead ; be had a bludgeon in bJs hand , wbiob he grasped in death : and although at first there was a cry that the soldiers had only fired blank cartridge , yet whtn they found that one of their number waa actually billed they fled in all directions , and the mob did not again assemble . Though individual acts of outiage were afterwards committed , thai one act of brave and determined resistance dispersed the whole mob ; and if that could have been done at first , the greatest devastation would have been prevented , and many unhappy persons who were tried here at the Special Commission would have '» een Baved from the punishment , vh-ich they wero now undergoing . The charce , you will observe , is one of conspiracy ;

    and , therefore , in or > kr to couv'ct any or all of the defendants , it is not necessary that I should shew you that tbat person himself individually tiid some act with the intent charged In the indictment—that he made speeches intiuciug the people to resist the authority of the law , but I must further shew you , that that which was done was done in concert with two persons at least . It is not necessary that I should shew ynu that it was done by two of 'he defendants . If it was done by one of . tturu in concert with another , not before you , then the charge ia made out ; but if you could conceive that each of these ( lefVndnnts was acting singly , separate and apart from all the others—tbat what he did was without conceit , plan , or conduct , then , whatever , you might think of the conduct so pursued by them , they

    are not guilty of this charge You know that in cases of any conspiracy , It ia scarcely ever possible to shew the parties in actual secret conclave by the evidence of a witness who heard tbe words fall from their lips and was present when they organised their plan .- ic is scarcely ever possible to do that , excepting in a case where one of tbe conspirators becomes penitent and turns Queen ' s evidence , ; ( in which case bis testimony is to bo regarded with tte greatest suspicion , } or when that is resorted to which I am happy to say was not done in this case—when a spy -was sent to watch the proceedings ; because , although that course is soinoUmes necessary for tho public safety , it Is attended with suspicion , for ic is too often likely to occur that those who are sent to watch will instigate

    first , and betray afterwards . Happily for the defendants , wo have uat ia this cane been able to look into their secret proceedings , for I atn afraid , if we could , we should place them on a threshold of far more awful responsibility than now awaits them . In the first place , you will have It proved that Mr . Cooper visited the place as a stranger in March , when he met with the other defendants , and promised that he would return : y su will have ia evidenco the courss pursued separately by the other two defendants , Mr . Cuppur and Mr . Richards , at Tunslall ; you will attend to tbe expressions used by Mr . RichardB , and give them the effect they deserve 5 you will find that on the very eve of these fearful disturbances Mr . Cooper appears on the scene—on Sunday , the 14 th of August—this being his

    first appearance on bis second visit ; you will find him , after tte Crown Bank meeting , oa Monday , in the Royal Oak , in company with the defendant Richards ; you will find him again when he comes to the Crown Bank in the evening i < ' oompany with Richards ; you will find that on some of the occasions two or three of the defendants are present , when one of them speaks , the other being a consenting party to what is said ; and you will find coincidences in the expressions used ( especially as to tbe soldiers ) , which will enable you to fiiy whether they were the result of accident The firing of a pistol is some proof that some persons in some place had concerted together ; aud under these circumstance it will be for you to say whether you can have any reasonable doubt that tte object of tte

    defendants was that which is charged against them—a desire to excite tte people ( having first induced them to turn out ) to acts of violence and outrage—to resist the authority of the law—to paralyse the arm of power . In concluding what I have to say at present , I will only as-Bureyouthatl , on the part of the prosecution , aud those whe instruct me , have no desire whatever , excepting that this evidence should be laid fairly before you , with those observations which naturally arise upon it I earnestly desire to excite no prejudice whatever against the defendants in respect to the principles of which they were the advocates -oa the occasion to Which I refer . I should address a jury of CbarUats , and present the case as fairly to any honest men who entertained Chartist principles , with the same feelings I entertain

    in laying this cose before tte gentlemen whom I have now the honour of addressing . I bave also to entreat you not to let any indignation which you may feel towards the actors in the late outrages to influence your minds against these defendants , who are here to be tried oa a specific charge . Do not allow any affection which you have for those institutions wbicb you may think have been in danger—do n t let any ftar lest these disturbances might be repeated on a future occaalon—do not let any feeling of pity even far those uumber of persons who were c , oavicted here at tte Special Commission , and who were roused into sudden frerzy by the passion of the moment , induce you to

    swerve from tte course of justice . We are to perform our respective parts , —mine to lay this evidence temperately , and as f&r as I can faithfully btfore you;—yours to judge of that evidence , and to decide upon it . Events ore not outb . We are each of us buund to perform our respective duty , and wa have a right to believe that all things are working together for good . Those events oca in other—they are in Eternal lands . They are in the bunds of Him who will not focsake ua and ours , itat so long as we with honest and humble hearts seek the attainment of justice , and the advancement of truth , will he protect and defend us while we discharge , each in our sphere , those duties to wbUh his Providence has called us .

    On tho conclusion of the Learned Sergeant ' s eloquent address . Cooper rose and atkod his Lordship for some further explanation as to tho proof nesessary to prove conspiracy against either of the defendants . His Lorship guve : an explsaatiou as to the proof necessary , similar to that given by Sergeant Talfourd in his opening address . Cooper then eaid—It has been asserted that evidence will be given to show tbat Mr . Richards was present at a meeting at Hauley . in March . Now , if it can be shown that my friend Richards was not at that time in Hanley , wouiu that overthrow the case ?

    Mr Justice Eiskino— Not necessarily . Ifc would be p . strong fact in favour of Richards to show that he was net there ; but it may to that he may bave said sometkinij afterwards vliich may show that , although he was not personally present , yet that he had previously combined with you for the purpose of producing those disturbances which were occasioned , it depends on what , the evidence for tbe prosecution may be . If they do not intend to show that Richards was there , it is not neeessary for him to show that be was not there . Copper— If witntsseB arehereto prove that Eilis was not present ia March ; id show tbe same as to Richards , and tha t Cappur waa not present as the meeting in August , 1 suppose that -won't overthrow the cose ?

    Mr . Justi ce Erskine—Not necessarily . It might have been th « t lof g before these disturbances you may have entered i ^ to s conspiracy , and if so , it is wholly unimportant wh « rthfc , t tue otQet defendants were present at those meetings - - oir not J bufc ** thero ' w no di re ** proof of previous conspiracy , then the fact of their not being there would V to rebut the presumption that there had been an >* P » vious conspiracy . Cooper—My rease -o &J * ashing the questions , my Lord , was to avoid th 8 txpfc ^ e « c Jesses . Mr . Justice Erakine—* * W ° ul d b « very glad to relieve you , if it were in my po >> * efc Cooper—Shall I ask tte MW of counsal saying whether any reply will be given opposing we do not produce witnesses ? Mr . Justice Erskine . —The et ^ vn haa tte right of reply- 1 Cooper—So I understand ; but as a matter of favour I thonsht it might be waived .

    Sergeant Talfsmrd—It is quite impossible to say what coarse I shoula think it my duty to adopt Cooper . —My Lord , I can't see how we cnn be indicted for conspiracy at Buralcm , when I was' B 9 t at Burslem ? Mr . Justice Erskine—The place is immaterial . 1 / the act was committed within tte county , the place is immaterial . Coqper proceeded to say , that he hoped there was n » vindictive feeling towards ttem ; that he had hoped bis

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    aged friendB ( to sit beside whom on such ft charge was very painful to him . ) might have bean relieved from tte aharge of conspiracy , and tbat be only might nave been tried on tte charge of sedition . He heped his lordship would take care Jthat all due time was allowed for examining the witnesses . He understood there were fortyfive witnesses for the prosecution ; and hoped if it were necessary bis lordship would not object to their examination occupying jforty-flve days . ; The Judge—Ij shall not take any different course on this occasion from what is the usual practice . Whatever time is necessary for tte purposes of justice must be given , whatever may be the inconvenience . At the same time , i % must be expected that the time , of the county shall not be wasted by unnecessary cross-examination of the witnesses . The examination of the witnesses was then proceeded with . 1

    Andrew Rowley , examined by Mr . R . V . Richards . — I am a potter living at Hanley . In tbe early part of April I recollect placards being handed about . There was a meeting held afterwards at the Crown Bank . A meeting took place in August at the George and Dragon . On the 10 th of ^ pril a meeting teok place at the Cro wn Bank , at which he was in the chair . That was on the 10 th of April . | l saw Cooper at the Crown Bank on the 10 th of April , i RichardB was there also , and so was William Ellis . I was at that time going to the bead inn at the Potteries . No notice that I heard of had been given of that meeting . When I went up Cooper said a few words ; he talked about the Qaeea and her bastards ; he did not speak long after I went up . A paper was handed about when the meeting was

    drawing to a close for any one who liked to sign his name to ; the parties wbo signed were to pay a penny a week and join the Chartists . I knew a person named Cappnr ; he lived about three miles from the Crown Bank ; I did not see him at the meeting . Before the meeting Beparaied Cooper Baid he Bhould be with them again , and that he should be glad to hear t&lk of their going on well . About a fortnight after the first meeting another meeting ! took place at the Crown Bank . Eilis was there , and ! some colliers , but nobody else I can name . I attended a meeting afterwards in August , about the 12 th , I as near as I can tell , on a Friday . Notice had been given of that meeting in the Marketplace , but between six and seven o ' clock at night , it was given out that they were to meet at the George and

    Dragon ; the crier went round to give notice at the'time tte meeting was ordered to go to the Q-eor ^ e and Dragon ; Cooper went across the Market-place to tbe George and Dragon . Ellis was in the Market-place and Richards . About 300 persons were there . 1 remember another meeting shortly afterwards at the Crown Bank . That meeting was on the Sunday , and Cooper was there . There was a table for tte speakers to stand upon . It was about two o ' clock In the day . Cooper addressed the meeting . Notice waa given of another meeting for eight O'clock on Monday morning . I went there on that day . It was held at the Crown Bank . There were 400 or 500 persons present . Cooper was there , but nobody herd else that I know of . Cooper addressed the meeting . The purport of what he said was , th . it

    the time was come when the Charter must become the law of the land- ; Many of those who were present bad cudgels in their bands . The people were excited . When tte meeting dispersed the people went down to a manufacturer's and turned the people off their employ . They went to the police-office and turned tte people out of the watch house who had to go before the magistrates in the morning . To get at them , they broke tho door jepen . I know the Court of Requests was broken open , and the books were thrown about I know Mr . Rome ' s house at Pdokhutl . The house was broken open , and the furniture and windows were destroyed . Nothiu- else that I saw was done there . They went to Dr . Tale ' s bouse , and it was broken open , set fire to , and the windows broken as well . I know

    Mr . Allen's ; all ; the windows were broken , and tte goods were thrown through the . windows . There was a meeting that ; same evening about half-past seven o ' clock ; Mr . Cooper was there ; it was held st the Crown Banfe ; there were 700 or 800 persons present . Cooper said thaijthe day and the hoar -were come when the Charter must become the law of tbe land . He then told : thtm that there were not ten soldiers for every town that there was ; and told them th « number that were wanted abroad . The meeting broke up between eight and nine . A signal was given by a pistol or a gun , which went off twice among the crowd ; about a quarter of an hour after the meeting broke up . I know Lord Q-ranville ' s collieries . After the meeting broke up . the mob went

    there ; they set fire to the office . I know Mr . Parker ' s house ; it ia about two minutes' walk from Lord Grranville ' s . Tb y destroyed tbe things inside , und then set fire to it . I knew Mr . Ai ' . kens ' s house ; it Is about forty or fifty yards from Mr . Parkers , vfhen I saw it it was all in flimes . The first meeting I attended at the Crown Bank was on tne 10 th of April . Cooper , Richards , and Ellis were there . [ In the coarae of the examination , Cooper several times interrupted the ; learned Counsel by objecting , that he was putting leading questions : but his Lordship decided that Mr . Richards might lead to an immaterial fact as a foundation for what was to fallow , and that he had not diverged from the proper and legal mode of examination . ]

    Cross-examined by the defendant Cooper—I am not much in tbe habit of attending Chartist meetings . The placards I saw on tbe 10 th of April , npon the . Crown Bank , were about holding out till tbe masters gave them their price . Trie people turned out the following week , and those iwho were out turned others out . I was not turned out of work then , and I cannot exactly say who was . They were colliers who were turned out ; I had only beard of their being out of work ; I bad no other nieans of knowledge ; I do not know whose colliers they were ; I will swear tbe people were turned out ; it was on tbe pap r that those masters who would give the men their prices should be worked for , and tbat the people were to support thase men who were out of work ' ' I did not Bee your name on tte papers ;

    there was nothing about a strike , but something about the prices ef labour ; there was nothing about Chartism ; in my judgment you bad nothing to do with the papers ; that was tte only meeting I attended in the month of April ; Richards was there ; I have seen him scores of times ; when I first saw him he was coming up to tte meeting , ab . » ut twenty yards from Jerry Yatcs ' s house ; I waa there about from ten minutes to a quarter of on hour , I swear I saw John Richards in Hanley on the 10 th of April , and he bad breeches and leggings on . I saw Ellis at the Crown Bank , on tbe 10 th of April ; I know his person well . I had known him about two years , and saw him at tte meetsn ? on tbe 10 th of April ; I mean the 10 th of Au ^ ubt ; I have gone to school some times ; I know tbe difference between

    April and August ; Ellis was present both at tte meetings in April and August ; 1 Will swear thai I saw Ellis and Richards at the meetings in April and August ; I do not know that I am speaking falsehoods ; the reason I attended tbe meeting on the 10 th of April was that there waa a funeral close by ; I had nothing to do with it , but I went like many otters do when they go to Bee tte funeral of a person they have known ; I had only known ! the deceased by sight ; to the best of my knowledge that was the first Chartist vieeting I had attended ; I was going no further ; I was going to the head Inn in the Potteries ; I was merely going by at the time ; I might bave come to see yon if I had known you were to be there , but I did net know it until I got down /; I came down sooner because there

    was to be a funeral ; I had not heard of any notice of meeting having been given ; I did not stop more than five or ton minutes , or from ten minutes to a quarter . of an bour ; the people sung first for about three minutes , and I went into the head inn close by ; I stopped in the inn two or three hours , and caiue out afterwords when I heard ! you speaking , but did l . ot stop there ; I stopped in the inn after the meeting was broke up . The reason I went to the inn was that I went to visit a young woman ; I was not in love , nothing at all about It It was a general thing for me to go there oa a Sunday afternoon . [ The witness ultimately admitted that he was in love with the young woman at the time , but " not very deeply . " ] I stopped in the public house about half an boar after the uieeurg ; I "aa not

    long with the young woman , as ahe had not doue her work . She came in and out of the room ; I could not tell what you said while I was in the room ; I did not come out of tbe room with the intention of paying any attention to wbat you were saying ; I oame and listened for five or ten mtnutes , not with the Intention of listening , but I did listen , though not very particularly ; I did not pay close attention to what yon said . I can't repeat yonr words , but you were talking about the Queen and the Kings , and the salaries , that the Kings bad . You were talking about tbe Queen ' s bastards several times . You will have other witnesses in that will toll you so . I 'heard the witnesses say so after I heard yoa say it . | I have heard them say so sincd 1 came here , and therefore I aai sure they will say it . I will swear I don't know tte names of th « witnesses whom I have talked to . They were either witnesses

    against you or Cappur . I am certain you said that tte present Qaeen had bastards . I never heard of SUCh 3 thing being said of the Queen before . I hive not heard her character described . I have not heard that she is a pattern of virtue , and that her private character is unimpeachable . I was present at tte meeting about ten minutes or a quarter of an hoHr . I was there about that time after I came out of the public-house . You j were talking about the Quean immediately I came up . It was not about King Charles the Second . I am not likely to mistiiks Queen Victoria for King Charles the Second . I am not sure that you did not mention King Charles tte Second and his bastards . I was not mistaken about your saying so of tte Queen . I had not heard of such a thing before , and I thought it was an unmanly thing for any perso * to say it i Cooper—So Bhould I , if I had heard of it .

    I solemnly swear ] that I Baw you with Richards i » Hanley on the 12 th of Angust , going across the Marketplace , tte night that the meeting waa held at the George and Dragon . ; Tou had on a cap , something like the one lying on the table in front of yon . I am certain you were in Hanley on that night , aad weald say so if a hundred persons came into this court and sworu that yon were in Stafford ; on that night . I can't say it was the I 2 th of August ); but it was on tte Friday night What I have said is true . Oa my oath I repeat that you spoke of the present Queen ' s bastards , and that you were in Haoley on the Friday that the meeting yrsa held . The nason I went to the meeting was that I thought I might as well pass my time at ttlc meeting &a

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    anywhere else . I did not go to tte meeting because I bad ] heard yonr observations as to tte Queen . I was shocked enough at yonr language on tte 10 th of April , bnt that was not the reason . I thought I might as well go to tte meeting in August as anywhere else . The cross-examination of this witness was prolonged for five hours . Cross-examined by the defendant Richards . —On the 10 th of April you were at tte Grown Bank at Hanley . You had breeches on ; but I cannot say whether yog had breeches and boots , or breeches and leggings . I did not hear any proposal at the morning meeting oa Monday , tbe 16 th of Aujust , for a peraon to be elected aa a delegate to go to Manchester . I was not there , at tte close of the meeting .

    Re-examined by Mr . R . V . Richards . —I am not at aU fatigued or exhausted . I saw Jerry Yates on the morn , ing of Monday , the 15 th of August I believe Coopej lodged with him . Before the colliers were turned out there had been a Strike amongst some of ttem . Taose that gave over turned the others out . It was after tha 10 th of April . Samuel Swan , examined by K * r . Godson . —I am « policeman , belonging to the Stafford constabulary , j was last April in the Hanley police . I saw Copper on the 10 th of April at tbe Crown Bank , at a meeting there . My house is on tte Crown Bank . There wer % from 100 to 200 persons there . Cooper was standing on a chair . He gave out two verses of a song . Hja third verse was .

    " Men of England , yea . are slaves , Beaten by policemen ' s staves . " This was sung at the meeting . He then opened a Bible and read a text . He only dwelt on the text « few minutes . He then said that this nation formerl y belonged to the Saxons , but that they were robbed of $ and murdered , just as they were going to serve tfea Chinese . He then alluded to Sing John and the otkei monarcha of the country . He next Jalked of the Queen and the Queen ' s bastards . I next saw him about six o'clock in the evening at the Crown Bank , Richards was there , and some hundreds more . There was a platform , and the defendants were on it I heard John Richards proposed as a delegate to Manchester . It wai not said for what purpose . Coopor spoke there also .

    and announced another meeting there at six o ' clock on the following morning . A meeting was held on ttw following morning . It continued till nine . Some oq » then cried out , " Now , lads , for Bnrslem . " Many were armed with cudgels . There were from thre « hundred to five hundred persons present They libs , rated the prisoners at Hanley watch-house . They collared me , and took me to the lock-up to look foj other prisoners , but there were none there . They thai left me and went to the office , and threw out a qoau . tity of constables' staves and rate-books . The stavet they threw into the air . The books they tore to p ecei They then went off . and I aaw no more ot them . AboaJ twelve or one o ' clock that night I saw Mr . Parker } housa on fire .

    Cross-examined by Mr . Cooper—I have been i policeman five years ; I have not received any moneys account of my giving evidence here ; I have not been promised to be made a sergeant ; I don ' t remember thj other words of the verse which I heard yoa give out at the mectiD ? on the 10 th of April ; I believe the wordj which you have now repeated " If their force you dare repel , Your ' a will be the felon ' s cell , " were the words which followed those which I harj

    named ; I did not see any hymn-book in your hands * I have seen the Primitive Methodists hold meetiapj and heard them sing on the same spot of gronnd ; I did not hear you say that her present Majesty bad bastard ] —you talked ab ^ ut " tha Qaeen , and Che Queon ' 8 bag . tards ;'' I know no other Queen but the present ; I nil ] not swear that yon meant the present Queen ; I did sot see you at the meeting on Tuesday morning , or with the rioters on Monday morning ; the persona who came to the watch-house came from towards the plaa of meeting , but I caa'fc swear that they were at Qm

    meeting . Cross-examined by Richards—I saw Thomas Coops at the meeting of the 10 th of April , bat nobody else that is here in court ; I did not see you there ; then was a meeting at tbe Crown Bank at Hanley , on Son . day , the 14 th of August ; you were at tte meeting ef the 16 th of August ; I was not in bed when the meet . ing took place . Richards ( with great emphasis )—Now , my good felloe ; have we not been acquainted for a good while ? Now on your oath say to this Court , were you not in bed when tbat meeting took place ? Witness—I waa not .

    Swan further said—I dU not hear yon say , " No * , la < ia , for Burslem ; " I can trust to m , y memory for ffcg exac * words for a few days ; if I was not certain of th » words , I should not state them at all , but give the prisoner the benefit ; I did not hear any person endeavou to prevail with the infuriated people at Mr . Hill ' s on the 15 th of Angust not to commit depredation ; ' I don't know that you went to Manchester after the meeting os tbat day . Re-examined by Mr . Godson—About two or three minutes elapsed between the end of Richards' ! speech and the words " Now lads for Bonlem , '' Ha men who went towards Barstam aad cudgels in theil hands .

    William Smallwood-examined by Mr . Alexander—I live at Longport now , but in tte course of last summer I lived at Smallthorn . I know a house occapied by Wo Pepper there . Oa a Sunday in February last year , about six In the evening , I heard some persons siog ~ ing there . I looked through the window and saw a good many persons there . I saw Joseph Capper is Wm . Pepper ' s bouse addressing tbe people . He said , " The words of my text must be to-night , * To yaw tents , O Israel The meaning of that is , to be ready is your own houses . " He cried out twice , " Are yos ready ? " Some of them cried "Yes , yes . '' He said , " Are yon sure you are ready ? Have yon got yow oworda , your guns , and your bayonets ? " The oeopb laughed at him , and then he went on to say , \\ sap * pose yon think old Cappnr ' s come with his physical

    force again . It is not a laughing matter . We shall have a severe fight , but it will be but a short one . " He said , " What will yon do when you bave got tte Charter 1 " Nobody answered him , and he said , "I tell yon what I shonld recommend you to do : we will take the bishops , clergymen , hypocitical Dissenters , and magistrates , and pat them on board a vessel , transport thorn , and put them into Affioger , I sop * pose he meant 'Afghanistan , ' to ba massacred and assassinated among tte Hindoos . " Afterwards I saw Cappur again addressing tte people on a Sundtf evening , from the windows of a public-house . He spoke apparently to the women , as there was - » good quantity of ttem , and said , " If yoa cannot fight , you can toreh , " and I think he mentioned boom cities and towns , by tte destruction of which tte Whigs carried tte R form bill .

    At the conclusion of Small wood ' s examination , Oppur said that he had produced fourteen witnesses at the Special Commission to disprove what he bad stated ; but he had now been in prison Bix months , aad he had not known that Smallwood was again to be called as i witness . Cross-examined by Cappur—Tou put me ia tbe Cosh of Requests for tte price of a grate , and I was ordered to pay the amount by instalments . I did not say I would " fit" you out for It ; but I Bald , " as you preach Universal Suffrage , I hope yoa will preach , in future , universal honescy . " When I saw you in Pepper ' s hwi » in February last year , you Rtood opposite the windo # ; I swear the curtain of tte window was not dram ; theTe is a small fence wall in front of the window abort three or four feet high , but I could see over that ; ths wi&dow-sill is from three to four feet from tte gronnd ; I did not set down what I heard from yon in a baok ; I was examined at Newcastle befors Mr . Ashford Wise ; what I thei swore was taken dawn in writing ; Capp ^

    was before tte magistrates then ; Cottrill , of the Newcastle police , never told me what to swear when I wai there . After a number of questions with t * e view of sdmj ing tbe witness ' s testimony . Cppar asked him , "D ^ you not aay to a certain perg _> n that , yon had said many a thing that Cappur never said , but that the g 3 nrt « n of Bunslom forced you ? Witness—Never , to any man living . Cappur—( with great warmth)—Yau shall have mo » saidt'j yon if ever I get out of prison . Ill indict yo * for perj . iry . His Lordship reprimanded Cappur for his remark .

    Cross-examined by Richards—I did not hear yoa recommend the people of Saiallthorne to help eaefl other . I have been one of the Committee ef t& 9 Chartist Association , bat not when it bore that name ; when I belonged to it it was called the Operative Reform Association . —Richards put a number of othei questions , for the purpose of impugning the character of tte witueai Smillwood deoled tte charges itnplied by the questions . Cross-examined by Cooper—I never saw you in ® T life at any meeting with Cappnr , Richards , or Elite Cooper pursued the same coarse of cross-examinatioa of tbis witness aa of tboae who had preceded him ; an * occasionally received tart replies . Tha witness was examined bj Cooper as to his vi 6 w $ with respect to as extension of tke franchise , and whether he bad sot agreed with Richards in promoting tte Charter . After several questions on tbis subject had b « en repeated ,

    His Lordship observed that that course of cross-ex * mination was a very great waste of time , and could have nothing to do with the question -which the jorJ had . to decide . It was very difficult to say how mucn time he might be allowed to waste ; but tte present examination appeared to be & thorough waste of time . Tbe witness was further cross-examined as to the to « ns which he had mentioned before the magistrates as those which Cappur had alluded to as having beea bunt It being twenty minutes to nine o'clock , tte Court w&a adjourned till nine o ' clock on Tuesday morning .

    Tubsbay , March 21 . The trial of tta defendant * was reramei at nine o ' clock tbis morning . Thomas Firth , examined by Sir . Serjeut Talfourd—I am a tailor at lunstall ; on tte 24 th of June last I etkw some persona coming near tte Market place , about seven 1 h tte evening ; I saw Capper and Eilis beading the people towards the Tusvn-aaU ; Cuppur ca rried a three-legged stool in his baud , which he set down , and then stood npon ; there were 200 men present ; Csppo ' ( Continued in wrr Seventh page . )

    Untitled Article

    fi THE NORTHERN STAR . •; =============== ^ == ^

• Citation
  • Northern Star (1837-1852), April 1, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1206/page/6/