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- THE DEBATE ON ME. DUNCOMBE S MOTION.
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ST ^ FiX > EJDSHlE . E -fi . SSi 3 . iS . STAFFORD . Thubsdat , Mabch SO . ( Before Mr . JnsliceErskine and a Special Jury ) SEGliM r . COOPSS , ElCHiSDS , ASD CAFPrjB . Sir . Justice EHSKJ 5 E proceeded at nine o ' clock this XDexcitig to sunyip ibis protracted case . He was sorry , after rhe patient attention ^ hich the jury had exhibited dcrini ; tie icqiiiry , thai it ¦ would be ceccasarj for him to , detain ti > em while he ent-iid at length irto the evi- j desce os the part of the Crosn and U > e defence ; but ,, although unqaestiiHss ' bly n > tch timt had fceer . lost in j useless ercss-txaminstion cl the -witnesses for the prose- j cntion , he did hops the jury wouid consider tuch a j course -was nothing mere than a manifestation of y > ?\ hozaage by the £ elendant Cooper to the sj-rtei .-. of jamprncenee under which be was then tat-ir- iiig trial Whatever mi $ ht bs the resxui , while Ho nxjj could do otherwise tL ^ n dt * piy deplore the dirtied -which existed in the Potteries at the bma theae
outrages occurred , on the other hand , do mm could j excuse the tumults and violence which then tovi place . \ The learned Sergeant , in his rtply on the . part of the I Cro ^ m , had tmly observed , in the language of 3 dr . j Gnrran * be had knevrn tumult and violence to mats i many . ich poor , but he had never known it to make a j pc-c ^ man riih- " He { the Isamed Judge ; reg ; eti * d ' thai lha defcnQLnt Cooper , in cross-txaminatino . h ^ d thrc-ffn imputations upon the moti ? s 3 of Muj ^ r Tenth , ! ih * gallant officer who , in the discharge cf a nccosary : duty , hsd caused the mHita-y to act oa the mi > rmng of the ± ' ~ h of Aucsst ; fcn » hs"waa giid to find ,- thxt s > ubsegntEtly , in his address to the Jury , he , toe oefeBiiauL , had shown foeiter taste , and had aoqaiited . the gnilani tfficer of doing more than vsijit he considered his duty on that occasion . With , those rircun : st& £ C € 3 tfcey ( tho Jnry ) had n 'thing
5 Fiares * r te do- Tie -were gt-, » ith Ulxers other persons , with having nnlawfully and * seditiously conspired ta excite the pei'fli to riots , routs , ic , in breach of the public peace , and to excite and prevent the due execution of j the Is-w . Now , a conspiracy -was an sttempi on the part i-l persons to accomplish a certain pljcct by unla-w-, fol means . The xibjasi might be perfectly lawful , but . if its iTomotion "Was attercpted by illegal meves , thtn ] an unfejvrfu ! conspiracy "was citarly established . If , as ¦ jtm « S e case in a secant trial in snoihei part of t !« c I country , thszs had beta a count in the indictnatnt which -oulahave sliawcn him to reserve a case for the O-art aboTe , he should hfive gladly avsiltd himself of tlit course ^ but here he had 30 option , bat was , compelled at - to giTe an op = nicn ux > on a point raised . hViuvutfc fc ¦ ¦ » 11 •* 2 ? —— - — j' —~~ ¦*¦* j » - ¦ ——
gecv ^ u ** * j-. ^« . ' *^ p ^ »• ~» j *™ - - " j in ti ? indictment Tae resul ; of Lis examination c-f . the U-w apon the suV ^ e ^ t "w ^ s then , that anj muiber of ' ¦ workpeople baS a perfect 3 e : al right t- e-. aiMnt- to couipt : : -j ^ is 10 iai ? e rbeir -srsges ; and IT it was competent for them to agTte uvt to -work foi certain -wases jiyen b > employers , he . 1 Mj . Justice Erskinei « iid boi jee ^ ^¦ it was not c qsiiiy coiop-etcEt lor tbcm to agree atd cenbine for say o-is-rltgal or ject . Hr mw nc thing in the iaw to render rucb sn assembly or caajtiiijativ-a il «; il . Then , if the cbtaiiJn ^ Et cf th = Cb * r \ . ei ¦ sr 5 » s a lyarfnl o ' r-jsct , -which , n- quest ' saabiy , it vas . and tht means pursued were Dot of an unlawful character , he did not a = e hot * , ¦ under such circumstanccfi , a charge of SB ilitvsl conspiracy could be supported . Bat it would ,
be for tee jury to ssj whether or iiot ibe dtf * ndants , m the B" ---a they adopted f-. > x the cs ¦ uiblis ^ J ^ JeIl ^ of t > : e Pcop _ i ' o Charter , did not t * £ pire to bring- about that lesult r . y incitEin&Dts to ¦ wtlfciice and ttanuu ; -wtttijei thfcj did net intend . ¥ y advising a ces > tiion of labour , to prodnee discontent and those hacnJ's and outrages Trhich succeeded . If they ( the jurys -wtre of opinion Gat rhe defendants intended ii ^ Saeicicg the GuTemment or the Legislature by force an '* : sumidatkn , thtn Cie-aiaise in tie indlctroeni -was foiiy n ^» e out . Tit Istrxrr-fi Jndge then proceeded to real over and ap&ljz ^ the tvidiace . Alindirg to th ? turn-rnt at Mi . R ; lg-¦ sfsv ' s jnanufactory , his Lordshtp obstrvrd that if the
mea was quietiy at tberr v -rS , and vzre irilan ^ ta CoEtirt . r thxir ¦ work , snd a rnob of people in tht- meaner ti -sdlceasss hsd . iescrifcrd , Tr-.-nt , &nd by urrui at \ - $ i \ - ce con ^ eHed thers to dt ^ -nt from ibrir work , that meetly Traa an uuia-srfn ] mmting ; aDd if thej Wett sats ^ S » - « l that that "sris ifecOEuctiiCcd tj'C- ; -optt , the dfcitndant . and 'was tie result of preTious coiisj-irs-.-y br ^ irt-: ia them and the other defendants , or ^ betwd-n bhs ^ Ed sny other person * , then th ; t would sa ^ -sfy the diarge upon this indict-sent . TheLfcirntd JucJ ^ e , aftrr gcisg through the eTidenCe -ffitii grt&t < = ii « and panetes , conaluded his address at tight o"dock in it * BTemnr .
T 2 c Jury retired for about £ Te minutes , nnd upon their Tdnrn fbnnd a Terdici of GuDty acais * : a ]] tte defcudacts , but recemmgnded the defendant Cappur to IUfercj-3 Jr . S-iJeant Talfourd said he -would tsie care \ hz . \ the neccaucendatioB of the Jury iras attended to ; he thought he n ^ ght pledge himself thai the defendant Capyur » oaid sot be brought up for judgment . Cooper , addressing the Judge , sa ' . d the deftndarta felt iifcep 2 j indebted to Mb Lordship for his kindness and courtesy during the -whole of t > - - * r protracttd inT 6 sagatioii , and he -was worthy of the nsme of Hrskiae . Tte Judge—Ton bad oetter say nothing abr-ut me . ! Th = < ie £ eadaiits axe to be brought up for jaugmtat next term .
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WAEWICK ASSIZES . CITIL SIDE , Sattsdat , Apbii . L ( lisJOTc . Jilr . Baron AHerson and a Special Jury ) ( From the Times . j TRIAL OF GEORffE WHITE . Gcorse WkiU surrendered to ans'STtran indictment for sediti n ? language aa < l liousus and unia- » iol assembiin ? at BircuTBgkam in August last . Tie bQl had btfin fonod fit the Birmingham Bjrea « h SessJorss on the 22 nd of October last , at "which time the defendant was in
custody asdex the commltmrBt of the mjgistra ' es , an < 1 the indictment -was removed by ariiorari into the Court of Qc—n ' a Bench . On tte £ 9 ih of October a stnmncms bad b-reii taken trut before a Jadee a : . hanibeis . the d .: ?« idaBt -vras admitted to bail ty Mr . Justice Cresrsr-11 on the 10 th of XoYember , -when recognizances "Were ^ rtgred into by himatlf in £ 200 , and four snre-ies in £ 5 " each , tbit hs -wuuld appear and plead to the Indict = nsnt » and appear on the retura of the postea in ease fee should be conTict ^ d .
3 ir , S ^ fjeant Adass . Mi . Hill . Q- C , and Mr . " WaDDI ^ GTOS app = ar * d as C'DBsel for tbs CroTfn . The iirJencaiit underiook hi 3 own dtienoe unaided . Mr Sergeant Adaxs stated to the Jury the case on behalf -- > f the Grown s . t some length , as it appeared by the t-r-dence Enbjolnei He spoke of tiie fears that exten ^ veJy prevailed in tbe to-sra and nMjjhb&u ^ hfjod . of ih ^ meeting of the magistrates on the 2 oih . and of their cotices by placards aud ailTertistmi-nta in the public papers of the forbiddance of such meetings . He aiiuded to the state of things -which render © : ! it necessaiy for the m&gistmes to appiy for , and the Qo-Ternmcnt to "supply , a reinforceaenl of military . In addition to the Draroons usua-ly ouarbered in the
baria = tB in BirmiMham , a force of Infantry and Horse Artillery bad been procured . Tee Warwickshire . "Woreesterahbe , and Staffordshire regiments of cayaJry had fet-sn sIbo on duty in the neighbourhood ef the town > nd of the iron and coal districts . T ^ e pensioners too Lai been smboditd and drilled , and great numbers of the respectable inhabitants BWom in as special COHhtaWes . The Laamed Counsel obserred Bpon the extrejutly mischievoua tendency , tspecLilly in times of popular excitement , of such proceedings and conduct as thr * lefendant stood accused of . Tbe Gentlemen of the Jcry , he E 3 id , woaW hear the eTidence , and then pronoanc * Trbttb ^ r tiis charges , or auj and -winch of them , laiS in t £ . t inciictnikBt "were made ont to their entire satisfaction .
iir H . M . Griffiths produced the placard affixed od the \ 9 n by the d »; fenaint las deposed by the witness John * , jij , ths notice of meeting oa the 22-1 signed by O'Xeii ] the no ^ C ££ by the Mayor and the May or and M&si ^ aiffs of * be 29 r n ( placards and newspaperai , the dfcf-ino-jut ' s lstter to Cjoper ( proved to be i 1 bis haDd"WriUBi by Mr . Adtins , the GoTerBor I the V . ' . o- ^ ick prisor ;} a print of tbe Queen ' s proclamation lisutd on the l :-i"h , and a prict of the Qatin ' s j , roc : aiuat ; uc of the 12 3 of 3 > rc&mbe :, 1838 Ti- following copies of the notices i'sned by the 3 I = j-or and Magistrates "srere put in and rtad . — % t CAUTION . " Pnblk-office , Borouzh of Birriiingham , August 20 , 1 S 42 .
" w brTess infoT ; n 3 tJoa has been rece vpd that meetii !^ t > - * - »» been belt ! in -yarious parts of the feiiTgdom of lay : * r » ai £ 3 of tr ^ n . who have pmcsedt d fr « .= ai piace to pl *^« - v u :. seasonable hours , and that t- hj-j , ; and sedi tiocs i nKusge bas bees addre ? s-d to ih . in , and it has b- ^ i- " prsarEtei thai such nitFiipts art intended to be ht 3 ' ¦ ¦• idn this bor' > n ^ h : r ftice is hereby given , that no sn-h meetings - « ill be permitted t » assemble , and caution is at tbe Bans time giv ^ n to all" -w > -Jl diipoStrd peisn ? 5 not to attend or join ai .-y sach me-, tinxs . ? Totic « is aJ ^ - » - > van , that ill necessary meaEures ^ iil be adopted to p— -v-nt the asBembling of any such meetings , so as effcc-oEUy to protect tbe public peace' and prevent the disnrbance thereot " Samczl Beals , Mayor . "
" cAunoif . ' Borough , of Birmingham , August 2 J ) , 1842 *• We , the underaiened , magistrates acting for the borough of BiHuingLam , having received informaUon of meeting ! in this neighbourhood , and having this day -witnessed tbe attempt made by certain individuals to call together and addresj a boaj of persons -within the Bsid boroagh , ucler the present BUte of dliturbance » nfortanateJy exiiting in other puts of England , deem it to be our duty to make known to the publio in
gene-» lthat , aftor the publication of her Majesty ' s prodamation , all assemblies ef persons in considerable numbers haling a manifest tendency to endanger the pnblic peye , and t& ^< j | te the fears of her Majestj'd peaceable Kibjecis ' are aS * l , -wbaterer may be their avowed object , « nd "wfieiever held , notwithstanding they may not at the time b ^ attended -with open violfence ; and we declare oni firm intention to prevent the same , and to bubject any individuals -who may be found assisting at sruih , assemblages to tae ptcaltita ef the law . ¦** And 'ire fuitber caution all wtll disposed persons from JoiniiiJC in , *? bein ^ preient at , any » neh ineetbgs
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processions , &c-, as they will inercDy bnng tbtmsclves icto peril and incur the consequences of any measures that may be adopted for the apprehenBien of tbe ill-dispesed , and the preservation of the public peaca . " ( Signed by the Mayor and nine other Magistrates . ) Mr . S . Beale sworn . —Was the Mayor of Birmingham in August last There . was great excitement prevailing
| \ in the town , and there "was a great influx of str&ngers , many of them colliers . There -were many Chartist meetings held . Heard of the meeting ef the 13 ih of August The magistrates met , and gave directions to Mr . Burgess , thv Commissioner of Police . Tbere were meetings on the 16 th and 17 th . They began about sis ! o ' clock in the evening and ended about dark . They : were held at Duddeston-row . Tbere were about 1 . people , working men . Between the 16 th and tbe 26 th I the exciteaiknt greatly increased . On the 26 th the ; magistrates met again , and issued the placard . There , were at this time placards calling a meeting for the 22 nd . I O'Neiirs placard came ont first , or at least he saw it 1 fiat . Feais extensively prevailed in the town . Ths
notices were issued and posted by tbe authority of tbe magistrates , and special constables sworn in . Tbe magistrates applied for and obtained additional military assistance . There were large bodies assembled in various parts of the town on the 22 nd , 23 rd , 24 th , and 25 tb ; but the magistrates and police prevented any regular mretiEg . Business -was during tbe whole of tbe time , in a great measure , suspended . Tbe inhabitants were alarmed , and the peace of the town was greatly endangered . Tbe defendant was apprehended early in the morning of tbe 26 th , and committed the same day , after which no furiher meeting was attempted , and order vc : is restored . It -xas tben proved that during the week preceding the one in which the defendant was apprehended there ttaa a great ii . fl . ux of colliers into Birmingham , who were spread all over tbe town , and there was very great disturbarce .
Ju&rpb Johnson—Sa-w the defendant on the 19 th of Angusi fix a placard , corresponding with the one produced , on a wall by th * Green Man public-bouse , in Aloor-street , Birmingham . Bead it at the time and left it there . It appeared to attract attention . Had no doubt . the placard he saw was in the same wordB as that now produced . The placard was then put in and read , and was as follows : — " Chartists—The men of the north have struck work ! The people are beiDg murdered J Attend at Duddeston-row to-night ! Come in your thousands 1 " There was no printer's name uponiit . "Wituesses were then called , who proved the uttering of the words at the meeting of the 15 th of August , as lai-1 in the first count of the indictment .
Sirafc Mann—Was at ametting in Dndd ^ ston-row on the 19 h of AuiU&t , about seven o ' clock . Tbere were eiijbt i-t J . ic » bumired persons present . The defendant spuks of tt > f Qieen s proclamation , and said th-.-re vaa one at tte tsme of the Bull-ring concern , & . z . Sie thrn p : > yvtrd tbe uttering of the words as laid in thu secoud cttLDt of the inaici . mt = nt . There was a policeman before hrr , and many of the people cried out that be was a spy , and said , " Stone him ;'" Fet « h him out of tbe mob , " &c Tbere was a great disturbance , and she wat " fliBhtened and went home .
Ebentz ? r Portlock—Saw a crowd of persons on the 22 nd , coming along Summer-lane "Went With his brothtr into a public-bouse tb ^ re . White , the defendant , came , and there -were thousands of people . Tbe defendant addressed them , and said they had been misled by O ' . VeiJ j and Sturge's party , who had been negotiating with the police . He said that he had called a meetirg for the following nlsbt . iu Daddeaton-row , and he would hold bis meeting force to force , if they would Co as he did . Tbe people cheered , and said " We will . " He said , " You -will come prepared to meet the police ; you ¦ will bring the sticks in your jacket-pockets , aDd it should be force to force , and all the policemen in BirmiEEham and England shouldn't disperse them . " There was a man dr * . ts * d as a Quaker , who said be bad bion ^ bt four hundred coDiers into the town to support the meeting , and O'Neill and Stnrge had de-Ber'fd them . & . placard , as suhjotoed . had been , on the 19 tb , posted arcnt tee town and neighbourhood : —
" Men of Birmingham , —A crisis is now come—Britain and Ireland are aroused—the nation ' s voice declares , in loudest tones , that the noble straggle must now be made . Tbe days of tyranny are numbtred . Shall Birmiastram , once th © Polar star of liberty , now slumber 1 No . Awake . ' Arise . ' Stand forward in the nation ' s niuriu battle , and declare that now our country shall be fxee" A great meeting -will be held on Monday , Aug 22 nd , at ttn o ' clock , on a piece of ground in Summer-lane , ntar the Asylnm , to memorialize the Queen , and to consider what Birmingham shall do in the present awful state of the country . Influential men , of all shades of democratic sentiment , and from various parts of the courtly , will attend and give their advice on this important EubjecU " By order of the public meeting held on " Thursday , Aug . 18 . in the " Christian Chartist Church , Newball-sireet ,
• Abthbb . O"Neill , Secretary . " Michael Daly , late a Sergeant of the Birmingham police , and now a sub-inspector of the Staffordshire force , having given in evidence tbe words uttered at tbe meeting on tbe 15 th of August , as laid in the firsi const in tbe indictment , deposed to the facts tbat tbe defendant on that occasion told the people to conduct themselves in a peaceable manner , for all thu authorities wanted was an opportunity of bludgeoning them an < 3 cutting them up , and that the people were quiet . George Philip Tandy , a policeman , also swore to the u ' trance of tbe ' angns ^ e on the 15 th , as laid in tbe first count of the indictment . Isaac Cottrill having , on the 26 th of August , apprehended Cooper ( the well-known Chartist ) searched him ami found upon his person a letter ( proved by the keeper of the Warwick gaol to be in tbe defendont ' s handwriting . ; The letter was tben put in and read , and was as folio 7 E : —
* ' Birmingham , Aug . 24 , 1842 . " We are in a tremendous state of excitment here ; military , pensioners , police , special constables , cannon , aad God knows what are being called into requisition . Srtr ^ e and O'Neill sold us on Monday and broke up a meeung which they called in order to defeat ours of the fj-i . owing day . Cooper , there never was greater rascals than they have proved themselves ( see the Star of Saturday . ) We held our meetings in defiance of proclamations , exhortations , and threats from the magistrates ; they covered Duddeston-row with police , but we ^ Ttiered the people to follow us , and held a meeting of 40 000 . where we carried the Charter amidst thundering cheers . 1 forgot to tell 70 a tbat say house has been btrrhnndt-d with police these two nlcbts , and tbat a
warrant has been issued for my apprehension . I have , nevertheless , marched with the ' sovereign people * and addressed them in den&nce of their -warrant . We shall aeet again to-night and 'nomistake . ' ' There was some ugly work last night—my bodj-guard chucked a raw lobster into tbe canal , and the town has been paraded by soldiers , our lads cheering and marching with them like trumps . 1 would ratter than £ 10 you were here now to sing ' Spread the Charter . * I expect to be landed in Warwick gaol before Saturday ; but , dear Cooper , no matter -what befalls me , 1 have made up my mind to stand by onr glorious motto , ' The People " 8 Charter and no surrender . * •» Tom democratic brother . " Geohge White .
"We are petting on gloriously here—ONeill and Sturge have damned themselves . " To Mr . Thomas Cooper , No . 11 , Church Gate , Leicester . " Tnere was a meeting intended for the 24 th , but the police interfered and prevented it ; and the defendant beaded 4 , 000 or 5 , 000 persona , and took them to Tartly Fields , in the county of Worcester , three cr fc'Ur mik-8 from Birmingham ; and the mob rpturned ar . er dusk riotously and tnuinltuonsly , to the great arar : n of psiceable and orderly people- There was a
meetirg on the 25 : h , but tbat was thesnhjrct of another in lictment . At the meeting of tbe 22 nd , -which was in the icurning , several thousands Sfstmbled jd tbe neighbourhood of the asylum , in Siunmer-laae . Tbe arrangements of liie p-. lice then prevented any regular proceedings i > f the mob ; and the police communicated with Sturge and O'Neill , who told the people to go home , and n » : act in violation of the orders cf the magistrates . " M 1- S ; urge , on this occasion , bfgged of the people to disperse , and they bfgan to do so , but "were met by the defendant , who reunited asd addressed them .
Olfeer gent-ra ] evidence was used , of the carrying of banners by tbe mob , of the crowds collected , and of the general bootirg at the police , the noise , tumult , and great confusion , and const quent alarm that were created , and of the facts that people closed their shutters from apprehension , and tbat the ordinary business of men was to Borne extent suspended . This was the case presented on the part of the Crown . The defendant then ( it being neariy five o ' clock , and the trial having commenced at about eleven ) applied to the Learned Judge for an adjournment of the case on the alleged grounds tbat be was too much exhausted and not well enongh then to conduct bis defence as efficiently as he might do and desired , and that several of his -witnesses , who&e testimony he deemed to be of importance to him , had been prevented from as yet arriving si , Warwick .
The learned and humane Judge responded , that he waa * eady to giant tiie defendant any Indulgence he could . He aald that he had observed , in the defendant ' s eondact of bis cae « hitherto ; no desire * exa-Uously , or with-wrong motives , to protract the duration of the trial , and he was quite willing to believe that the drffffiflnnt cad no such intention . He then very mildly said , " I -win accede to yonr request , and grant you the indulgence you seek , postponing yonr bearing notQ Monday , " ^ Tbe defendant—I humbly thank yonr Lordship .
Mr . Baron ALDEHSONi-Gcnttemen of the jury , I hope and believe that it is not necessary to caution you , not in tie cenrseof to-morrow , Sunday , or between this and . Monday morning , to communicate -with any other p&rsoD than one of yourselves upon the subject of this trial At present you have beard , you know , only
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one bide , and tbe otber remains to be told . You understand me , gentlemen . Tbe Defendant—I have perfect confidence in yen , gentlemen of the jury , snd seek to put no farther restraint upon you than your own consciences may dictate to be proper and right The Court then adjourned to Monday morning , at nine o ' eloefr .
Monday , Apkil 3 . At nine o ' clock this morning George White , the Chartist , in a tone of uprightness and injured innocence , commenced his defence . He spoke in an Irish brogue , and began by observing upon the character of the witnesses brought ag&inst him , and said , thit surely the jury ooulo not think of convict * ing upon tbe evidence of such blackguards as those policemen , " of that fine Mr . Tandy and the rascally spy Daly . " Ho complained of the spy system , and of the people being hunted down by such follows . Bad man , sis the Learned Serjeant said he was , he had entertained the blackguard Daly at his table in his private honse , where he had been prying into his private thoughts , and then came into the
witnessbos telling point blank lies againBt him . He had insinuated himself into the good graces of the defendant , as a privato individual , seeking to have the gun trade taught him , and for these honest services Mr . Commissioner Burgess had made him a sergeant . He didn ' t , think on Sat rday night that he should have been this morning called upon to answer these trumpery charges , for he had then Been the " learned counsel looking quite ugly at one another" on the breaking down of their witnesses , and thought that they were going to nive it up . Was he to be dragged from his home and his wife and child upon the evidence of Mich a set ol blackguards as they had seen , the very rakings and eoum of Birmingham , who had been the companions of Mr . Griffiths ( tho
attorney tor the Crown ) for months ? He thought that Mr . Griffiths would ero this have been tired of the dirty work in which he was engaged . As to the proof of alarm having been caused , beyond that of an oid woman who sold cabbages having put up her shutters , there was none . The meetiuge had been betwetn the hours of six and half-past 8 in the evening , and not in the night time , according to the evidence of these yile blackguards , and it was more desirable to make a population intelligent by lecturing on summer evenings than to encourage people to sot in public bouses . There was nothing that ho saw againdt him to answer , except the tomfoolery sentence mentioned by Portlock . " Bring them in your jacket pockets . " How could they bring the
policemen in their jacket pockets 1—and it was to the policemen that the word " thtm" was by this witness made to refer . He bad been opposed to the colliers coining into the town , and he thought that the Anti-Cora Law League had not bten benefiting the working classes . He bad had nothing to do with their strikes , but had told the people that if friend Sturge found them tbe money for the support of themselves aud their wives and families , they might strike as soon as they pleased . He complained of the great expense * " that he had been forced to incur in having been forced to appeal to the Coun of Queen ' s Bench to be admitted to bail , previously to which he had been detained in pripou for eleven weeks—shameful it was . He had opposed Sturge and all of that
party , and if he was a rogue , he was an open , and not a sly , cunning , hypocritical rogue . It it was to err , to be a friend of the whole family of man , then bad be erred , and not else . There had been no more disturbance than there would have been after a dog with a kettle tied to his tail , and all the children in Birmingham would willingly subscribe a halfpenny a piece for such a spree next week , and for this cause there had been all the police in hundreds , drawn up rank and file , and the military and all that stuff , and the polico had been engaged in running after a few little boys who threw pebbles at one another . The throwing stones must have been done with great care , for nobody appeared to have b » en hit . There was Mr . Spooner , one of the magistrates .
who committed him , be saw on the bench laughing , and it was a mighty good j <> k « , he dare say , 10 cry out "' there ' s a Charust , pop him in Warwick gaol , " but it was no joke to him , the fun of the thing was all one side . He knew that be stood in the front rank of Chartism . " 1 am a Chartist , " ho said , but were people to be bullied and frightened out 01 the avowal of what they thought light ? He argued that the Charter was nothing new , and that the very word " poll'jjmeanti nothing short or universal suffrage . He was before the . magistrates , it was true , and tbere was some chatter about sacks and umbrellas , bnt all that was in evidence wa 9 , there was a lot of little lads running about the street who frightened all tbe police . When before the magistrates he lO 5 t
his silk pocket handkerchief , by the way , and some body pocketed the affront as he did . There was not a greater set of scoundrels and known thieves than the Birmingham police . They had been turned out of various other towns , and prowled about the streets prying into the actions of the people . He had nothing whatever to do with the Bull-ring affair , which was four or five years ago . He came from Leeds to Birmingham two years ago last February . He had brought a great number of witnesses at a very heavy expense into the town , but he did not know that he should oall them to meet this paltry trumpery that was talked of . It would be a loss of time . Every count in trie indictment was knocked up without . them , and if the conductors of the
prosecutioii were determined to keep them , the gentleman of the jury , he was not . He said tbat there was nothing against him , and , as the case had not been proved , he called upon them now as honest men , and men who bad famines of their own , to pronounce him nut gniliy of the crime that was alleged against him . His conduct bad been such that he had had no need to shrmk into holes and coruers , as the witnesses for thf > prosecution had been compelled to do , and he had no doubt but that he should walk out of that room honourably acquitted . He trusted that the state of things would yet be changed , aud that those who were pa'iptrs now would become enabled to
earn a competency , and to be honest customers in the purchase of the manufactures of tbe rich , to their advantage , and the comfort of themselves , and then that these " bine-coated fat pigs , " who were living in idleness upon the " vitals" of hone 3 t men would be dispersed and sent about their business . Ho would not make a long defence ; he would not call his witnesses ; he would not keep the Learned Judge , the gentleman of the jury , and the counsel waiting there . There was another indictment against him , and he hoped and trusted that they would get rid of that also in the conrse of the day . What was he charged with , but that he was a Chartist , which was no crime at all !
Mr . Serjeant Adams—Aiy Lord , as counsel for the Crown in the case , I don ' t think it necessary to exercise my right of reply . Mr . Baron Alderson . —Very well , you have a perfect right to do so if you please . That is a matter only tor your own consideration . Mr . Sarjeant Adams was satisfied with tho leaving the cabe as it stood wnfaout replying . Mr . Baron Alderson tben proceeded to sum up . He said that there waa no evidence to support the count for riot , and that the jury should confine their attention to those for tho different seditious language charged to have been utiered on the three occasions of the 15 th , lSih , and * 22 ad of August , and tbat of the unlawful assembling . Inorder toconvictoftheformer
respectively they must be satisfied that the words were used , that they bore the meaning charged , and that they were used with the intent charged . An unlawful assembling consisted not in that which was calculated to alarm merely timid women and children and foolish men , but in what reasonably tended to excite alarm in persons of ordinary mind and understanding , and to interrupt them in the reasonable enjoyment of their own comforts . If the purpose had been by the course alleged to change the Iaw 3 , he was not prepared to say that it was not an overt act of hitfh treason , and this was a warning , which in no unfriendly spirit he meant to give on this occasion . People had a light to indulge their own opinions , and , by lawful means , to promote them , though he
himself and the gentlemen of the jury mJght differ from them . It was the privilege of Englishmen . It was the improper means , bv force and threats , and not the obj » ct , which was complained of . The tieft-ndant baa observed upon a particular measure as having been carried by force ; but he , ( the Learned Judge ) a ^ to that , said that it was a crime , if it ever was done , to carry that measure by force . His Lordship then reaa the woros coniained in the first count of the indictment . The object seemed to be to obtain wflat the defer dant called the Charter . There was no pretence for saying that the meeting had beeD in the dark hours of the night . The defendaut appeared to have concluded with an exhortation to peace and trai . quilry . It was for the jury to say ,
bow far the import ol the language might have been varied by the context and the rest of the speech , which they had not before them . He had felt it to be his duty , in a case at Derby , to suggest possible contexts , making the matter of a less guilty , or more innocent nature . Here it did not occur to him how to do so , bat he enjoined the jnry to take it into their consideration whatever of this nature might fairly and reasonably be suggested by their own minds . His Lordship then prooeeded to read the evidence . Ab to the excited state of the people at the time , he observed that what might not be dangerous at one time , and under one state ofcircumstances , might be so in the extreme at another , and under another state of circumstances . It might be safe and not dangerous to introduce a red hot poker into
a grate fall of ooals , whereas \ t aught be dangerous and unsafe tointrodnceit into one full ofguapowder or other explosive material . It appeared that at the meeting not many of the strangers in the town had been observed present ; ' The notice of the magis trates was a very jndicions and proper proclamation to have been put forth at that time , forbidding meetln / js of this description . Tbe Queen's proclamation had been extensively posted in . the town aa well as in other parts of the kingdom , and it contained an exhortation to the magistrates to be vigilant and prompt . The placard that had been issued by O'Niell the defendant was not responsible for , and he most say tbat this was by far the most outrageous that bad been produced . That about the" moral battle" was a piece of fudge that they alwaja put in .
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tt waa , however , only evidence in this case as showing the state of popular excitement at the time . The people had been peaceable . This circumstance was ambiguous , because it did not appear whether they were so because they were so minded , or because of the steps taken by the authorities . The meeting in Summer-row had been after the posting of O'Nieli ' s placard . At the meeting oa the 15 th , in Duddeston-row , the language was certainly very imprudent , if used . With regard to the spies , what oould be more irrational than for the policemen to be sent in their uniforms for the purpose of noting what was saidi They went for such purpose in plain clothes of course . It wasn ' t a question whether the jury morally approved of the conduct of these
policemen , but whether they believed the acts spoken to by them to have been done as they stated . The evidence was admissible , though it might come from an impure and a tainted source , as was the every day practice as to accomplices . His Lordship remarked upon the supposed intention to call off in some degree the military from the north , and then proceeded to read the words alleged to have been used at the meeting of the 19 vh , and in allusion to those about tho former dreadful insurrection snd burning at the Bull ring observed , "What was this for but 10 set the people to act , against the Government and the laws I " He then read and remarked on the placard which the defendant had been seen to affix upon the wall Aa to tbo prospects that wore held out to the people
assembled , it was highly mischievous to hold out anything of the sort . " The poor shall never cease out of the land , " the Bible said , and it must be so ; it ever was a world of trials—all had their trials—aud the greater part of the ills which those who gathered round tho defendant complained of were such aa Kings and Lords couldn ' t crea ' te and couldn't cure . There must always be poor people , and the existence of tbe poor would bo the blessing of tho rich , if , as he could wish , all did their duty aa some did . The happiness and good of the poor depended mainly upon themselves and their own conduct , and the rich should set them the example . In considering the language of the 19 th , the terms of the preliminary placard were to bo noticed , but he again
observed , that it was fair to give the defendant tho benefit of any ingenious suggestion as to the context , because they did not know what it was , but none occurred to him . His Lordship then read and observed upon the words used at the meeting of the 22 nd . As to those of" Bring them in your jacket pockets , " they were nonsense , taken literally as deposed to , but it was for the jury to consider aud determine what their true import was . Then as to the words , " Force to force , " what could tht-y mean else than setting the people to resist the authorities ! There , then , were the instructions for a placard given to tho printer by the defendant . The printer thought that someof tho words were too strong , and refused to print them , and Bom » were struck out . which , though
legible enough , they would put out of their consiucration . The defendant was to be responsible only for what he had actually adopted . What remained called upon the people in two large characters , " To work no more , " and spoke of their " delivery from the bollieh tyranny that blasted the hopes and the prospects of the peopK" Now , those to whom he referred wore no more tho people than were " the three taiiors of Tooley-streot . " The defendant was a man of acuteness and understanding , aud , one would think , muat have seen and known the operation of these meetings at sueh a time . The people , in giving up the meetiu ^ that had been intewded ( Sturge ' s aad O'Neill ' e ) had acted in accordance with the law , and upon the principle tbat th& better part of valour was
discretion , and he wished that the defendant had given them up too . One of the policemen had vtry properly declined to anawer the question put to him "Wbother ho wasn ' t the worst person in all Birmingham I" aud the Learned Judge thought that it had not been judicious iu the defendant to cast aspersions upon all the witnesses for tho prosecution , without proving anything again-t any otio of them . If they were all of such firy bad character , it was very unfortunate . With tht > defendant ' s kttor to Cooper , wlich ho read , the prosecution closed . Was it reasonable that , anybody should have the power to say of himself what therein appeared about his body guard , and so on , and the throwing the raw lobster into the canal f Who waa he that ho was to
have ! a body-guard ? The question was , wuethi-r they wore satisfied that he uttered the words with the intent imputed , &c . If tboy thought so th « y would convict him . If they could explain it in any tray coRFiatontly with his innocence , he besought tnem to give him the benefit of it . The jury retired , and in a few minutes returned with a verdict of Guilty , upon the first three o-unts . Sentence will be pronounced in the Court oi Queen s Bench next term .
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l . i the Bouse of GemmonB , on Tuesday , in last weok , after presentation of petitions on various subjects , and sonio conversation on foreign matters , Mr . T . S . DTJNCOMBE rose to move— "That a Select Committee be appoioted , to inquire into the grievances complained of , and tbe allegations contained in tbe petitions of Odorge White , of Birmingham ;—R * bert Brook , of Todmorden ;—James Leecb , of Manchester;—J . G . Haraoy . of Sheffield;—Jonathan Brown and nino others , prisoners in Southwell House of Correction ;—R . T > Morrison , chairman of a public meeting at Nottingham ;—John Skevington , of Loughborough ;—Jain ? s Arthur , of Carlisle ;—John AUinson ,
of Stockport;—Samuel Rob'nson ;—of Stoke-upon-Trent;—Jamua Mitchell , of Soutbport ;<*~ Samuel Crowtber , of Halifax j—William Criipillan , ohai . man of a public meeting at South Shields : —the Committee to report their opinion , with the evidence , to tbe House . " He said tbat her Mnjesty had been graciously pleased , in her speech from thu throne , to express her concern that the public peace had been most seriously disturbed during the l ^ at year in tbe manufacturing districts : and her Majesty bad also been pleased to observe that the ordinary laws of the had bad been sufficient for thu suppression of those diiturbancea . He believed that tbe House fully concurred in these views ; but he believed also , tbat if tbe House had been in possession of tbe circumstances which he was now about
to lay before them , they would not have expressed themselves as they did in their address in answer to that speech . He did not wish it to be understood that he intended to ttnputo to the government the slightest desire to mislead her Majesty , tbat Heuse , or the country : he believed that tbe government had beeu themselves misled , and that up to the present hour they wore unaware of the illegal transactions which had taken place . Ht did not mean to say tbat tbe ordinary law was not sufficient It was not understood that the government had applied to Parliament for auy extraordinary powers , such as a suspension of tbe Habeas Corpus Act , or of tbe other acts pissed in 1819 and 1820 ; but he appeared there to say that something more than the ordinary law had been put in force—that
the magistrates of England had administered something more ttiau the law , and tbat they had administered it with partiality , cruelty , and oppression . He was aware that he was not now about to address an impartial or an unprejudiced tribunal ; for look whichever way he would , he saw nothing but justices of the peace—( heat , and laughter)—tho great unpaid—ornamenting every bench of tbat House . He was aware of tho risk he ran , of the hornet ' s nest be was bringing about his ears , by the statements which he was about to make ; but he had a duty to perform , and he should net shrink from its performance let him please or offend whom he inigkt . ( Hear , hear , bear . ) His motion wai not brought forward with any party views or feelings whatever , and he trusted that if he should
be able to make out a sufficient prima facie case for the inquiry for which he asked , there was such a sense of justice in that House that no sentiments of false delicacy would induce any man , or any body of men , in that House to shrink from the duty which they owed to tbe people—( hear , hear . ) He bad presented some petitions to that House which he proposed to refer to a select committee , in order that the committee might report their opinion tun the truth of tbo allegations in those petitions ; and it would be necessary , if not to reftjr ty the whole of the petitions , to refer to most of them . Tbe Brat petition related to what might be called tbe origin of the disturbances ¦ it was a petition wbicb bad proceeded from a meeting held by the inhabitants of South Shields . He had presented it to
the House on the 3 rd of > larca , and be bad siuce tben received various communications respecting it from the manufacturing districts . The petitioners prayed that House to institute an inquiry into the origin of those disturbances , and they certainly did so in no very qualified ttrms . The committee of that House who bud ordered it to be printed bad caused to be expuDged from it certain words which applied to tbe conduct of individuals . Tbe petitioners expressed their regret at tbe disturbances which bad taken place ; they stated that they did not attribute them altogether to the distressed state of the people , but they considered that the causes of fche late outbreak were mainly owing to the inflammatory and revolutionary tendency of the speeches of the Anti-Corn-Law League—( cheers
from the Ministerial benches . ) They stated that whilst their ftUiuda were Buffering imprisonment , expatriation , < fcc , those who were the causes of the disturbances were at liberty , and they asked the House to institute a strict and scrutinizing investigation into the causes of the late outbreak . The Hon . Speaker then ran over the principal Incidents of the beginning of the strike first in Staffordshire and tbeu in Lancashire , whicb being already familiar to our readers we omit Speaking ef the meeting at Man-Chester , on the Kth of August , in Granby-row Fields , to which the Ashton men were escorted by Mr . Mande
and the Common Clerk , he said , that meeting was addressed by a very intelligent man named Doyle , a Chartist , In the presence of the stipendiary magistrate and the common clerk ; in the course of his address Doyle said that tbere could be no doubt of the meeting being a lawful one , the stipendiary magistrate being present , and tbat no one could afterwarda object to anything not being done in a lawful manner as they were then acting . The consequence 'was , that every one was satisfied tbere was a uearee of sanction given to these proceedings . The crowd Boon separated , and proceeded to pay the visits they intended to pay before they entered Manchester , and invited the different mills
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to tarn out . At tae end of throe days hardly a mill was at work at Manchester . It appeared tbat this outbreak was not got up for the purpose of carrying any public measure ); but after this time delegates wore choBen and met , aad nearly all those individuals who turned but declared for what was called the Charter . With respect to , this demand for the Charter , or political equality , ue would only « Uy that these psople were quite as well entitled as any other class to demand what they conceived to be thdr political rights . On the fourteenth of August , things had takhU a very different turn from what was expected , and from that moment a degree of severity—a degree of oppression and unconstitutional proceedings of the most disgraceful kind were resorted to on the part of the
magistrates towards those individuals who had engaged in the turn-out A proclamation was issued by the magistrates , as jhe had been informed , in which protection was promised to life and property , and in which it was stated tbat those who resisted the turn out and continued to -work should receive ample protection ; and , if he was correctly informed—and the matter could be easily investigated by the committee , if it ehould be granted—some of these millowners who bad seen the proclamation , and had therefore resisted the mob in their Attempt to enforce the turn-out , were blamed by these magistrates for resisting tbe mob . — ( Sear , bear . ) Now , what was the state of the country bfetween Coins and Burnley at this time ; and what w . 13 tbe coaduct of some of the magistrates and
millowners with respect to the turn-out ? He bad received a communication on this subject from a pi-rson of tbe name of Beesley , who resided at Accrington . " On t \ io 16 th of August tbe crowd from Burnley demanded admission into Colne , and proruisdd Mr . Folds ( magistrate of Colne ) that no property should be destroyed , upon which he ordered tbe soldiers to open out , and the town was banded over to a Chartist of the name of Mooney , and also gave bitn £ l out ef his own pocftet , upon tbe understanding tbat life and property should be Wept inviolate . Now , if the lat « outbreak had " | not been concocted by other' than tbe working classes , would this dispenser of justice have given tbe town into the bands of the people , and with it money but of his own pocket , when be had a
sufficient force ( to keep them back ? I have received from B > icup , information respecting tbe conduct of some of the manufacturers in tbat neighbourhood . Mt . Broofes , of Sunpyeide , I believe the son of the alderman ( this information is from men who were there , and are ready to make oath upon it ) , said to them , when the people werit to stop his works , that they were taking tbe right plan ; that by such means they would be able to compel tbe Government to do something for tbem , and by no other means . ' He also went round his works , and showed them his boilers , whilst they drove in tbe plugs . He gave them every encouragement , and told thorn whtre the other print-shops were in they neighbourhood , and the people proceeded from his werks to stop the others ; he also gave tbem
sometiling to eat . | Mr . George Hamilton gave them food when they stopped bis mill ; this gentleman lives at lrwell-terrace , nnar Bacup , Lancashire . Mr . Whitehead gave them ; bread , butter , ham , and cbe « -se , wheu they stopped bis works . Mr . Ackroyd , Bscup , gave tuem , when they stopped bis mill , both food and money . With j respect to Mr . Folds , when in the police-office after my arrest , I beard the superintendent of the police say that Mooney could not he arrested ; that the magistrate bad acted rather injudiciously ; that they had given Mooney the power to stop the milis ; and that be had done so under tbe sanction of the magistrates . Tbis I can ^ affirm . " Such proceedings would certainly lead any one to suppose tbat th millowera and tbe magistrates did not object to
tbe mills being stopped ; but the moment those persons declared in favour of certain political rights , a very diffrrent course' waa pursued from what had hiVherto been followed . , On the 11 th of August , be believed the magistrates first assembled at the Town-hall respecting tbis movement , ; and they sent for Sic C . Shaw . Tbat officer thousht it to be his duty to give in a list of the names of tbose parties whom ho considered to be the most dangerous ugitators of political questions in the t < wo of Manchester ; upon receiving which , some of the magistrates present stated that they knew that these were tbe persons who had caused the late disturbances and had originated the outrages which bad taken place . Upon which , asjhe ( Mr . Duncombe ) bad been informed , Sir C Shaw said that this was not the case , for that be
knew tbat the persons who originated tbe turn-out and tbe disturbances were tbe bired advocates of the Corn-Law League —( loud cries of " bear ., bear , " from tbe ministerial benches . ) This was also one of tbe allegations in the petition which he had presented from South Shields , and if the allegation was capable of being disproved , tbe committee would be a very proper tribunal for that purpose . The proceedings , however , which tben took place towards the working classes were of tbe moat unjust nature , and the petitioners were perfectly right in sayiDg , tbat punishment should not be allowed to fall on the beads of those individuals who bad reeeived some encouragement , but upon the originators and promoters of these disturbances . Bat what waa the conduct which those
magistrates of ; Manchester pursued towards those who were supposed to be guilty of what he supposed he must call political offences ? On tbis paint be would refer to tbe flrat petition which he bad presented , from James Leach , bookseller and stationer , of 40 . Oakstreet , Manchester . It appeared that it was intended by himself and other delegates to hold a public meeting on the 16 th of August , in commemoration of the memory or Mr . Hunt , for that was the anniversary of the day known by the . name of the Peterloo-day . The petition commenced thus : — " That your petitioner was arrested on tbe { 17 th day of August , 1842 , on a charge of sedition and conspiracy , and after being confined in a dark , dirty , anddamp cell from Wednesday til ) Friday , was then , for the first time , brought up before the
magistrates , Messrs . Foster and Maude ; and , after an examination , was remanded till Tuesday , Mr . Beswiuk , superintendent of the Manchester police , stating ; by tbat time he should be prepare ! with his witnesses . " Now he would ask the Honourable and Learned Attorney-General whether he ( Mr . Duncombe ) was not correct in designating this imprisonment of tbe petitioner , W itbout examination , from Wednesday to tbe following Tuesday , an jllegal transaction on the part of the magistrates ? The law was , tbat , when a man was arrested , be should be carried before a magistrate as soon as possible , but it appeared that this petitioner was arrested on the Wednesday , and was not carried before a magistrate at all until the Friday , although
tbere was a magistrate sitting up stairs in tbe place where he was confined . It appeared that when Mr . Leach was carried before the magistrates , Messrs . Maude and Foster , they did not take the trouble to-inquire into tbe cake , but remanded him , without examination , to the following Tuesday : this , he contended , was an illegal proceeding , and he should like to see tbe lawyer who would say that it was not so . The petitioner proceeded to say , " That good and substantial bai was offered , ; but was refused , on the ground that the uffmice was j of so heinous a nature tbat no kill could be accepted . * ' He begged to remind the Hi use , that the offence for which Mr . Leach was arrested was , that a placard was posted at his door id which th ^ people were called upon to declare for tho Charter .
• ' That your petitioner then , with thirteen others , was confined in a very narrow cell , where there was scarcely room for two persons to pass each other , and where the stench arising from a privy at one end of it , along with the disagreeableness of so many being confined together in so 8 mall a space , rendered it most intolerable and disgusting , j That at night your petitioner , with three others , Mr . Charles Turner , Mr . Tinker , and Mr Siddons , were locked up in a cell two yards and a half by two , in which there wtre two beds , two feet and a half each In breadth ; one of these cells are usually allowed for two prisoners , though they be felons . The beds Were swarming I with vermin , and the narrowness of them rendered it impossible for your petitioner , with
the other prisoners , to take off their clothes . Tbe consequences was , that your petitioner , with tiie othtr prisoners , never undressed for thirteen nights . ' It appeared that the petitioner , as well as those contined with him , were reuianded for thirteen days , because the superintendent of police thought proper to teil the Magistrates that if they were remanded , be should be enabled to produce evidence against tbem at a future day . At the same time it was clear that this man knew tbat there was no evidence , and that be should not be able to bring forward any evidence fcbowingcriminaiity on the part of these persons . The fact was . that this wa ^ done to prevent these persons being set at li berty , and they were thus confined in this dis racefnl manner
in defiance of the Habeas Corpus Act , which , notwithstanding tbe boast ° f the government tbat tbe ordinary law had proved sufficient in their bands , bad been virtual y suspended j by the magistrates in these disti icts . That 01 Sunday . your petitioner , with thirteen others , were paraded in the prison-yard before Sir Charles Sbaw , Inspector Irvin , WacMullen , and others of the Manchester police . Your petitioner was called out from the rest of the prisoners by Sir Charles Shaw , and asked if theri was anything he could do to serve ycur petitioner ; thatj your petitioner complained of the gTeat hardships to which ho was subjected , not bains allowed to see jany of his family or friends , ami requested him to see Mr . Maude upon the suhj ~ ct . which he promised to do ; that gentleman ( Maude )
however , refused every application made to him , and during the whole period of your petitioner ' s confinement , neither friend ncjr even legal adviser was allowed to visit him . That on the following Tuesday , August 23 your petitioner j was again brought up before the above-named magistrates , and after a lengthened examination , was ] again put bacif till the Friday following , the prosecutor utatlig , that by that time he had no doubt but be would be able to prove a very serious offence againBt your petitioner ; good and » UDStantial bail was again offered , but refused , on tho same grounds a » before . That ' on Friday , Angiut 26 , your petitioner
was again brought tap , and after an elimination of witnesses had been gone through at great length , was committed to take bU trial at Liverpool , but would be allowed out , qpon finding two sureties of two handled pounds each , and himself in four hundred , giving forty-eight hours '; notice of bail ; that bail was immediately tendered ! in court ; notwithstanding , your petitioner wes put back till the forty-eight hours should transpire , and was ultimately liberated on Tuesday , the 30 th day ol August , at four o ' clock in the afternoon , being ninety-sis : hours in prison after tbe bail had been first tendered in court . '' Now , it was clear in this instance , that not more than forty-eight hours was required to inquire" into the solvency of the bail ;
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but it was determined to prolong the imprisonment , in tbe most wanton , up justifiable manner , for forty-eight hours longer . If a committee were granted , he should be able to prove that it was well known to tbe magistrates that the bail which was offered byjjeach and his fellow-prisoners conld not have been better as regarded tbe gentlemen who presented themselves 'for that purpose . • Shortly af bto . yotit petitioner was again arrested on a second charge of conspiracy , and after seven days' confinement in New Bailey lockups , was liberated , upon finding two sureties of £ 200 each , and himself in £ 400 , to appear at Liverpool , and answer to the second charge of conspiracy . That your petitioner appeared at Liverpool , when tbe flrat charge upon which y . rnr petitioner was arrested , and after suffering thirteen days '
confinement under the circumstances above mentioned , tbe indictment against your petitioner was abandoned , and , as he believes , from a knowledge the prosecutor bad that his witnesses were most grossly and foully perjured , and that your petitioner had ample means to prove them so . That your petitioner has great reason to complain of the unconstitutional conduct pursued towards him by the authorities and police of Manchester ; your petitioner , therefore , prays that your honourable House will be pleased to institute an immediate inquiry into your petitioner ' s case . " Thus , then , the result was , that when they went to trial at Liverpool the waole charge was abandoned , and thus ta&se men were kept nineteen days in prisou without bail , when it waa clear , from the very commencement , that tbe whole charge must be abandoned . After such a proc ^ erli g , it was monstrous to talk to tbem of justice to these individuals . Mr . Leach stated that he had been
confined with Messrs . Turner , Tinker , and Seddons . He ( Mr . Duncombe ) should now call the attention of the House to the cases of Mr . Turner and three other persons , some of whom had been confined for thirteen days , and some for nineteen days . Mr . Turner was a highly respectable printer in Manchester , and the supposed offence with which he was charged was the printing the placard which was affixed to the door of Leach , aud for which he was apprehended . For this Mr . Turner was taken up , and confined in one of the cells of the Town-hall far three or four days before be was examined . When he was arrested , also , a very great outrage was committed with respect to two of his apprentices , who were carried away by the superintendent of police . ( Jlr . Beswiek ) under the pretext tbat if the apprentices appeared before the magistrates with Mr . Turner they could get back earlier to tell the result to Mrs . Turner .
The Attorney-General asked whether this waa alleged In any petition from this person ? Mr . T . Duncombb said that Mr . Turner had not presented a :, y petition to the House , but he had been requested by that individual , and by Mr . Tinker and , Mr . Seddons . to make their respective cases known to the house . Turner , then , wa »» carried to the cells , and after the lapse of time which he had already described , and after ail the impediments which hid been thrown in his way of getting bail , be was liberated . Turner , on bearing the nature of tbe charge against him , and believing tl . at he had been guilty of no offence , on his trial at Liverpool pleaded guilty to the mere circumstance of having printed the placard , and since then he had not been ealled up for judgment . But was this
an offence of such a nature that a person merely charged with it should be locked up in a felon ' s cell , not more than thirty inches wide , and where there was not capability for four men to sleep , and where the place was swarming with vermin ? This was a most revolting proceeding towards those who were presumed to be innocent In the eye of . tne law—( hear ) . The apprentices were carried away under the pretence - that they would shortly return and inform Mrs . Turner ot tbe result ; but instead of that they were conveyed to the lule of Man and kept tbere for the purpose ef giving information and evidence against their employer . These apprentices were kept in the Isle of Man until tbe special commission sat at Liverpool la « t Octobar . As he had just stated , Mr . Turner , thinking that he bad
been guilty of no harm in printing this paper , when his trial came on pleaded guilty , and what was the result ?—why that he had not been brought up for judgment . When the persons who were engaged in getting up the cases for the prosecution at this commission found that they could make nothing of the apprentices , and that they were not necessary for the prosecution of their employer and tbe other persons against whom charges had been brought respecting the placard , they sent tbs superintendent of police to Mr . Turner , and said that bo must take back bis apprentices . Mr . Turner replied , no , they had left his service , to the great injury of his business , and the persons who had induced them to do so were the responsible parties * Upon tbis Mr . Beswich , thinking to alarm Mr . Turner , pulled ont a letter
which he alleged be bad received from Mr . Gregory , the gentleman who was sent down by the Government to investigate tbe cause of these disturbances , and read it to him , in which it was stated , that if Mr . Turner did not take back the boys , that the Government would have him up to London , and proceed to have sentence passed upon him . Now he ( Mr . Duncombe ) should like to see the Government which would , after tbi « , bring up this person for judgment because he did not comply with the orders which were alleged to have been made respecting these apprentices by Mr . Gregory , an 1 whom , by the bye , he still refused to receive . Then , with respect to the cases of Messrs . Tinker and Seddons ; be thought that their treatment bad been still worse . Ha would read to the House a statement which had been
made to him on this point by these twe persons . They stated— "On tbe 14 th of August , 1812 , we . Isaac Tinker and George Seddon were apprehended and taken from our beds at two o ' clock in the morning by the superintendent of the police , Richard Beswiek , and a numerous body of special constables and soldiers . We were then taken to the Town Hall , Manchester , an * after undergoing the ordeal of searching were locked up , -without an hearing before a magistrate , or examination during a period of six days , that is to say , flora two o ' clock on the morning of Sunday , until ten o ' clock a . m . on the following Friday . Afc this period ( Friday ) we were brought before the stipendiary magistrate , Mr . Mauie , when Beswiek , not being prepared with evidence , we were remanded until the following Tuesday .
On this occasion our able barrister , Mr . Green , proved tbat the several charges of the indictment were only misdaineaaour offences . The officer who apprehended us refused to shew his authority for ao doing . We were again remanded till the following Friday , when , no evidence being forthcoming , we were again remanded till the Tuesday next : we were then brought up in a close court , and our friends refused admission . Mr . Boswick again appeared , but stated that he had no evidence to adduce , although he confessed , 'ha had ransacked the town for that purpose . ' We were now admitted to bail , to appear again in a fortnight , and were compelled to find two bona fide sureties of £ 100 e .. ch . At the time appointed we again appeared at the Borough Court , when Beswick having
communicated to tbe magistrates that there was no evidenee , we were dismissed . You will thus perceive we were in prison nineteen days , and eleven days on bail . In conclusion , it may be well to state that we havs both been unemployed since that period , and have scarcely the chance of succeeding again . Seddon , who is a delicate man , is fast declining , and Tinker and family are suffering severely . " These persons were in prison in this way for nineteen days , and there never was a gresser violation of the liberty of the subject than in this proceeding , it might be well te state tbat these me . had been almost constantly eut of employment since that period , and they assured , bim tbat there was scarcely any chance of their obtaining it again . After this do not t-11 him that this was law , or anything like
law , for the Habeas Corpus Act was virtually and practically repealed if such proceedings as these were to be tolerated . Prom the case of Leach and his associates in the prison , he would proceed to that of Skevingtoo . This person , in the petition which hs presented to the House , stated that "in tbe month of August last the people deemed it right to cease working , but were peaceable . On the day before the people struck ( Thursday , August 18 th ) . the magistrates of tbis district commenced swearing in constables ; and on the Friday , the day the people struck , tbey swore in the whole day—they sworn in , drinking at the pablie exptnse . A peaceable meeting was hf-ld at six o ' clock in the evening , and notwithstanding the two special constables endeavoured to make a disturbance the people
separated quietly , intending to meet at eight the same night , but the constables beiog so drunk , and anxious for a riot , tbe meeting was given up , to show that tae people were for peace . The magistrates continued at the public office , and had the attendance of policemen , pensioners , and special constables , which caused boys and girls to assemble , from curiosity , when , no disturbance having taken place , the riot act was read . On thu following morning , the 20 th of August , I was arrested et my own door , on a ciiargt of using seditions language , about one or two hundred policemen , pensi' > ners , and constables , with the bead oi the police , cowing for me , and 1 was taken before the magistrates , Messrs . Philips and Dawson , and the Rev . J . Dudley . On the testimony of one
constable , whose evidence 'was refutert by three witnesses , I waa ordered to find bail to keep the peace for eis in < . iith » . only one ncur being allowed to obtain it . Bouu fide bail being then refused , I was conveyed to Leicester , escorted out of the town by about 500 policemen , pensioners , and constables , and nine soldiers with drawn swords , tte soldiers and four policemen going all the way with me . At Leicester I wus treated as a felon , and lived on felon ' fare , washed in tbe bath , prison dress , l&o . ; remaining there till the 23 rd of August , when the difficulties thrown in tbe way of bail were removed . Your petitioner further begs to state , tLat on the following Monday some ; persons were token up on the highway * aud required to find bail for having w&Udng-sticha . On Tuesday aftetnooB , scouting parties were sent out . one of which found
some men at the monastery , where soup ia given away , they brought them away as beggars , getting hereabout five o ' clock the same evening ; and after nine , though they had been sent to bed , the magistrates had th ' - a called up , and committed for one month , and one man , because he was known to be & Chartist , to three months' hard , labour . " With respect to the men who had been taken into custody , and who had been air luded to by the petitioner , be ( Mr . Dancombe ) bad received a representation regarding their case , from a person of the name of Warner , which he would read to toe House . This paper was dated Loughboro" , and proceeded " John Mee and others were taken up on the 22 nd 01 August , by the inspector and thirteen of the county police , armed with swords and cutlasses . They tooK Continued i » our seventh pmge . )
- The Debate On Me. Duncombe S Motion.
- THE DEBATE ON ME . DUNCOMBE S MOTION .
Untitled Article
fi THE NORTHERN STAR
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Citation
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Northern Star (1837-1852), April 8, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1207/page/6/
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