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Northern Star (1837-1852), 15th July 1848, Edition 1 of 2, Page 5, Untitled Article

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      wait * ,- tor the fray . He ( Mr U . ) 'hcw of the time that Mr Jones was mistaken , but he did ^ SS "' 7 ^ ashe *>**< * We do not r emember , if Mr Jones made the statements the Assembly imputed to himbut if so it K clear that he had been grossly misled . Mr Jones was only one day in Aberdeen ; his account , therefore , of the " prepareu state of the Chartists of that to ™ , must have been entirely based upon the statements made to him whilst there . A heavy responsibihty rests upon those who misled him .

      and not less upon Mr Henry , who coollv sat t > y , and permitted a statement to be made , which he , as an inhabitant , and Chartist leader ot Aberdeen , knew to be untrue ! His apoW that he thought good would arise from allowing a false statement to be published , says little for his judgment , —we will say nothing about sense of truth . If the Aberdeen delegate may deceive London , why not the London delegates deceive Aberdeen ? And if thismode of " doing good" is adopted in one place , what safeguard is there against its adoption in all places ? And , lastly , from such a round of deceptions what can result , but evil , instead of good—overthrow , instead of victory ?

      Mr Ernest Jones is enthusiastic and chivaltous—the Murat of the Chartist army , — prone , at any risk to himself , to set an example Of heroism to his brother-Democrats ; hut we aoubt that he would at this moment have been the tortured inmate of a dungeon , had he not confided toojmuch in the feverish representations of parties who , to say the least , allowed their enthusiasm to master their judgment , and blind them to the truth . The " good" that has been done , may be seen in the horrible sentences passed upon our persecuted brethren on Monday last .

      We see that , according to the Aberdeen Herald , Mr Henry " made a furious attack upon Mr O'Connor . " Why this "farious attack" we are not told ; but many furious attacks have lately been made upon Mr O'Connor for no other reason than that he endea-Toured to keep good and valuable men , like Mr Ernest Jones , from stumbling into p it-falls dug t ) y fools and knaves . After the bright results of Mr Henry ' s policy , common decency might have suggested to him the propriety of being silent respecting Mr O'Connor . Moral : —In politics , as in everything else , " Honesty is the best policy !"

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      dignified rebuke to the middle-clas party , and Mr Cobden , in particular . Notwithstanding the intemperate and apparently studied attack of the Hon . Member for the West Riding upon him , and the Chartist body at large , Mr O'Connor proved by his vote that the party , of whom he is the representative , are not the wild and unreasoning obstructors toprogressive reform which their calumniators say they are ; while in his speech he vindicated the right of every man to a voice in the- management of national affairs , and declared that the obtaining of an instalment of the people ' s rights would , by him at least , be made merely subservient to securing the full 20 s . in the pound .

      One feature of the debate may be remarked as hopeful . Not one of the speakers , whatever section he represented , maintained the doctrine of finality- Mr Sidney Herbert , who may be considered to have spoken for the Peelites , was , in fact , elaborately explicit upon that point . "Whether he was so with a prudent eye to certain possible contingencies , such as the resumption of office by the chief of his party , and the growth of the agitation in favour of Parliamentary Reform to such a height , in the meantime , as to render a similar course desirable on that question , as was taken in the case of the Corn Laws , time will tell .

      One thing is certain , there is nothing to daunt Reformers in the division . Eightyfour is a large minority . ^ positively speaking * ; and when it is remembered that Marylebone Westminster , Finsbury , Southwark , Lambeth , and the Tower Hamlets ( Metropolitan Boroug hs)—Manchester , Salford , Oldham , Bolton , Rochdale , Ashton ,- Stockport , Leeds , Bradford , Birmingham , Nottingham , Norwich , Macclesfield , Wolverhampton , Edinburgh , Glasgow , Paisley , and , in short , all

      the principal hives of population , industry , and enterprise are to be found in the minority , it may be taken as an indication that victory is not distant , if the party who have taken the question up are in earnest . Of one thing we can assure them , that if they do not go on , they will be overtaken and left behind . The ominous words , " Too late , " may be spoken ; igain—when the people , sick of waiting for what are called progressive Reforms , find that the condition of the State demands bold and decided remedies . The

      mischief—if any then arises—will be the work of those who , lulled into false security , blind to the signs of the times , and , depending upon Parliamentary majorities , and hire ling blood shedders , refused to concede in time the reasonable requests of the people .

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      5 ^^ g to aa extraordinary press of several communications are unavoidably postponed . We are alfo compelled to postpone the list of menies for tbe Defence Fund . G . White . —Received . LiYEEPoot . —The printed circular shall be given in our n ? It . inELasD . —We are compslled to omit the letter of our Irish correspondent . Ai . loa .-G . C—There is no qualification for members of Parliament in Scotland . Tylciescet . —Ademocrat bad better apply to Mr Hey . ¦ srooa , Maneoestcr . Taemouth Election . —We have no room ; the Chartists - of Yarmouth should not support hnmbugs . Tbcehastos , near Leicester . — George Reed wishes to know if there is a society in London , that assistB the

      relatives of orphan children to obtain redress from emplojere , where the death of the parent has been occasioned through neglect . Wethouth . —John Smith suggests' that lecturers sheuld be sent to agricultural and other districts not already agitated , to form branches , instead of always travelling the same road ; a lecturer would do great good in Weymonth . ' He stronply advocates the distribution of tracts . We cannot answer his questions . CeiHoE . —Notices of meetings are always inserted , if sent to the Noethebn Stab Ofice . —Ed . N . S . Strocd All parties in future desirous of communication with the Chartists of Stroud , will irritetoMr Clissold , sub . secretary , Mr Rowland ' 3 Coflfee-reoms , Swan-street , Strondwater . S . Walsee . —W . F . Roberts , Esq ., solicitor , Essex Chamhers , Essex . street , Manchester .

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      MR O'CONNOR TO THE MEN OF MANCHESTER . My Friends , When I mentioned my intention of being amongst you on the 17 th , it was in the reasonable hope that the Land Committee would hare completed its labours before that time . However , in this expectation 1 have been d sappointed , and as we meet again at twelve o ' clock on Tuesday , you will see the utter impossibility of my being' able to be with you .

      Many people do suppose that I have the power of Boyle Roche ' s bird , of being in two places at the * same time . However , a 9 I am not gifted with that power ; and , as I must be in the Committee at twelve o ' clock on Tuesday , it will be impossible for me to be i dsewhere . Your faithful friend , Feargus O'Connor .

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      Ne wcASTLE-OPOs-TrsE . —The adjourned discussion on the report ot the committee of tbe House of Commons on tbe National Land Company will be resumed in M . JudVs long roem , on Sunday , July 16 tb , at sis o ' clock in the evening . N . B . —The members ot this branch are particularly requested to attend on this occasion . The parties who have received subscription books in aid of Mrs Jonea are requested to bring them in to the committee on Sunday , Jnly 16 th , at eight o ' clock , Newcastle . —The Cngrtists of Newcastle are

      respectfully requested to send in their subscriptions to the Liberty Fuadag early as possible to M . Jude , the local treasurer , and patties desirous of taking collecting bcoks for tbe aiwve rand can be supplied with them on application to M . Jude , or J . Nisbett . Ivestox . —The members of this branch of the National Land Company are requested to attend a general meeting , to be held in the school room at Ivesten , on Monday , the 17 th iriBt ., whea the local expenses must be paid . Iaportent business wil be brought before tbe meeting .

      Notukghau —The district committee mil meet at tbree o ' clock on Sunday next , at the Manvere Arms , Sneioton Hermitage . Newcastlebfoh . Ttne . —The members of this branch of the National Charter Aisooiation ara requested to attend a general meeting in the house ot . Martin Jade , on Monday , July 17 th , at half-past seven o ' clock , to take into consideration the state of tnis branon of t&e sssociatios . Liicebteb . —A district delegate meeting will be held to-morrow ( Sunday ) in the Chart'at Association ropffl ) 20 , Carley-street , at ten o ' clock in tke morning *

      Northumberland and Durham . —A district delegate race ' . icg of the National Charter Association will be held in tbe house of Mr Thomas Featner-Btone , Thres Tons , Cexb . ce , Durham , on Sunday , Jnly 23 rd . at ten o ' clock in the forenoon . A camp meeting will be held at Heueh Hall , Coxhoe , on Sunday , July 23 rd , at two o ' clock in the afternoon . N . B . —Lrcslities are requested to send delegates to address tbe camp meeting . Oldham . —On Sunday , ( to-morrow , ) Jnly 16 tb , two lectures will be delivered in the Working Man s Hall , by Br M'Douall . First lecture : sub-\ ert ' The cause and effect of the French Revolution' Second lecture : ' The new jxUn of ftsga . nisation' Chair to be taken at two o ' clock k Vue afternoon , awl six in the e ™ &' .

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      RECEIPTS OF THE NATIONAL L& 2 JP COMPANY , FOR THE WEEK ENDING THURSDAY , JULY 13 ,

      1818 . PER MB O'OONNOB . 0 H 4 BEB . £ fl < d > Blandford .. 012 0 Brightlingsea .. 090 Linlithgow .. 2 0 0 Alexandria .. ' » Ipswich ,. 21 9 0 Devizes .. 8 6 0 Marylebono M 3 12 10 Birmingham , Westminster .. 0 17 0 Goodwin » 0 0 Newcastle-upon- Southampton ¦• < s 4 3 Tvne .. 9 14 8 Hull I 7 ° Chateris .. 2 6 6 Bath « 5 0 0 Nottingham , Witham .. J 0 0 Sweet „ S 11 6 Sandbaen « 1 U 0 Derby .. 2 12 G City » «' Yarmouth „ 4 18 0 C Howlaad .. 0 10 Thornley „ 1 10 0 A Love .. 0 5 0 Peterborough .. 7 0 0 A Hayes .. 0 10 0 Hebden Bridge- 4 i C T ThornbGrry .. 0 10 0 Chepstow „ 2 0 0 H Towers .. 0 10 0 Blandford .. 3 15 10 £ 100 4 1

      BXPEN 8 B FUND . Ipswich .. 0 18 0 Thornley •> ° 1 6 Marylebone - 0 li 0 Alexandria ' » » Newcastle-upon- Devizes O 2 0 Tyne .. 0 6 0 Birmingham , Nottingham , ' Gfoodnin « 1 » 0 Sweet ,. 0 17 6 Hull !•• }» J Derby ., 0 4 0 Witham .. 10 0 Yarmouth .. 0 2 0 £ S is 6 Land Fund 100 4 1 Eipenao Fond 6 18 6 Rule * 0 * 0 107 3 7 Bank ... 22516 0 £ 332 19 7 Wm . Dixotf , Chbbtopdee Doilb , Thos . Cubic , ( Corres . Sec . ) Philip M'QnATH , ( Fin . Seo . ) NOTICE TO DEPOSITORS . Hereafter , all Post-office orders should be made payable to Thomas Price , at the Bloomsbury Money Orderoffice , ia 6 tead "f St Martln ' s-le-grand General Post-office . All who have not sent in . written vouchers to be exchanged for printed certificates , are requested to do eo without delay . The half-yearly interest due on the 31 &t December , and 30 th June , is added to the principal in the several accounts , in accordance with the Bank Rules , and bears interest as fresh deposits , T . PaicE , Manager . RECEIPTS OF LIBERTY FUN D . Thomas Paine Mr Murrell „ 0 2 6 Brigade , per Mr Ford .. 0 2 6 Hammett .. 0 6 0 Mrlfitchel .. 0 10 Leigh , per M P Whittington and Daly .. 19 0 Cat , per Bloom-Emmett ' s Bri- field .. 0 2 10 gade , Padding . Westminster Loton .. 1 0 0 cality ( 3 rd Crewe .. 0 6 0 Subscription ) 6 4 0 Hoxton , per Mr Thomas Paine Kydd .. 0 15 0 Brigade , per Minories , from Hammett .. 0 4 2 a Few Cigar Johastone , Scot-Makers .. 0 5 8 land „ 0 5 6 Whittington and Greengate Lo-Cat , per Bloom- cality , per field „ 0 8 7 Hancock ., 0 3 9 Limehouso .. 17 0 £ 7 3 6 N . B . —The orders from Paisley , Arbroatb , and Leith , with all orders , will henceforth be acknowledged in his list only . John M'Cbae , Secretary . FOR MR 3 MITCHEL . HECEIVED BT W . SIDES . Birmingham , Eagle Tavern , per J . Sweet „ 0 2 6

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      TO THE PEOPLE . We have this day balanced our accounts , and have to announce to our friends that we are without funds . We are tbe servants of the people , and therefore feel a plain statement of our position to be an imperative duty . It is almost unnecessary to add , that if we be not supported , our services can be neither lasting nor efficient as public officers . On behalf of the Executive Council , John-street Institution , John M'Crae , Sec . July 13 th .

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      [ From our Third Edition of last week . ) TRIAL OF SHAKP , The Chief Justice of the Common Pleaa took hie seat on the bench at a quarter to eleven o'clock , before which time Mr Commis-ioner Bullock sat . The attornbt-Gesbbal intimated that the Crown did not intend to proceed with the other indictments against Vernon . Mr Pakrt complimented the Attorney General upon the adoption of this course by him , and consented to have the depositions , with respect to tbe other charges , handed up to his lordship . Alexander Sharp aged 27 . printer , was then placed at the bar , and indicted fur a misdemeanour on the 4 th of Juno . There was another indictment againat him for a misdemeanour on tbe 20 tb of May . Tbe prisoner , in reply to the usual demand of the Clerk of the Arraigns , as to whether be was guilty or not guilty , replied with , marked emphasis , ' I am not Guilty . '

      The prisoner is charged in the calendar with sedition . The AiroRKEi-GESERiLBtatedthe case against the prisoner . He said , as he saw eereral ^ gentlemen in tbe box who had tried the other cases , it would be unnecessary fsr him to offer many observations to them . The defendant , amongst ether things , was charged with riot . He did not think he should bo able to prove that the prisoner took an active part in the riot , and , with all respect for his lordship ' s opinien , he submitted that it wag a principle in fovr that if persons called a large meeting together , and by their conduct excited those at it to acts of violesce , that they were amenable to the law , even though they professed to ba anxious to preserve the peace , yet at tbo same time did all they could

      to foment disturbances . The meeting in question was held in Bishop Bonnera ' d-fielda , at three o'clock , on the 4 th ef June . A Chartist meeting was held at the sama place at five o ' clock . A person named Curtain presided , and a person named Henry Jonea addressed the assembly . It waB attended by a number of Irish Confederates , and a resolution was passed , stating that the conduct of tbe government with respect to John Mitchel was tyrannous , base , and even bloody . The prisoner seconded the motion , and addressed the meeting in a violent strain abusive of the government , and expressive of bis opinion that the ' destruction of the government was necessary for the welfare of society . ' Two professioaal 8 ? . orthand writers attetded , the

      government having received intimation of the meeting , ( The Attortey-General then read the speech at length . ) The prisoner eaid , Mitchtl had been punished for nothing , except teaching the people their duty . Why , Mitchel , he ehould prove , was punished for inciting the people ot Ireland to direct rebellion . After the violent Bpeech which the prisoner made a riot took place , a policeman was struck with an iron bar , the church was attacked , a conflict ensued , and surely it was not too much to say that the prisoner had contributed in a great degree to promote it . Be asked his lordahia to give an exposition of the law with respect to riot , because he apprehended that the prisoner had been guilty of that offence , an < l that it convioted tbe punishment of hard labour should be auperadded to it .

      Mr H . J . Doooood , short-hand writer , examined by Mr Welaby , said be attended the meeting ; 6 , 000 or 7 , 060 persons were present ; he took notes of the speeches . The witnesses than read the speech of the defendant from his Bhort-hand notes , the learned judge fallowing him by the transcript . It was to this effect , that if he once went to prison he would oontaminateall he came near with his principles , fer wherever be promulgated th ? m he was anre to obtain disciples , and sueh demonstration of the peojjle would even cause tbe government to tremble at their power . He had a right to advise the people to resort to ulterior measures , as Lord John Roasell did tefere the passing of the Reform Bill j that he was ready to become the colonel of a yeemanry raised by the peo . pie . If he had been at Redcroes-street instead of Greenwich , when the people were attacked by the policehe should have advised the people to surround

      , them , and then they would have begged for mercy ; also that he should have adviEed the people to have surrounded the House of Commons , not to injure tbe members , but to teach the bouse that they reqamsd reform . If the police assailed them , they should de ^ fend themielves ; and if they could not get stones , thoj could obtain plenty of mn railings in London . A policeman must strike several times with b «» truncheon before he could dkable a man , but one blow with an iron railing would settle him . He did not advise them to do this at that time , as it was unnecessary ; although there were eoldiers and police in the neighbourhood , tbe meetin" were too peaceable to render their interference necessary . Heshoald address them again at five o ' cock , and giva the government a good horse whipping . Snndaj after Sunday the meetings would increase . Tas time bad eoaa by when a

      policeman or a soldier could frighten the people . Oilier speakers followed Sharpe . and the whole of the pro ceedinga continued until about five o ' clook . ioe number of people iacfeased during the whole of that time . The sentiments of Sharpe were reoeived with great apolause . People of all classes were present . Many were dressed apparently in their Sunday clothes , walking about ; those about the speaker wore ill-dressed . Many of them appeared to be with men , by whom the sentiments were reeeiyea IsUh great applause , Ernest Jones ^ po 5 « a * m

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      meeting . The first mooting separated abiut live , and thuge who had composed it moved about the Common . The ppople were addres ° ed from a jiound . Sharpe addressed the fieoond meeting . Jones Baid the oburch near at hand was desecrated by being filled by policemen . Cross-examined—Went expressly to the meeting for the purpose of taking notes lor the Crown . He toek the notes on a policeman ' s back ; his elbow was not jogged , a ? h * was protected by some policemen in private clothes . Sharp was an easy speaker : bo took down all ho said . It was possible he might have mistaken the meaning of these sentences . lie did not recollect having said to any one near him ' What were the last words ? ' or , ' What vcas that V Sometimes , Owing to the applause , it wag difficult for rc > porters to catch the endtj of sentences .

      Mr James White , short-hand writer , 6 xan ined by Mr Bodkin , said he attended the meeting , and took notes of the speeches . Before he got a table , he was so jogged and pushed that he did not believe he could read with any degree of accuraoy the notes which ho took . The witness then read the speech of tbe chairman of tho meeting . He said the government had transported John Mitchel from the land of his forefathers , simply because he loved his country ; but they had done mere ; they had desecrated hia name , for they sent a band of ruffians to his houuo , whilst his wifo was bereaving hie loss , to » ob her of the little property that be longed to her . This was the conduct of the tyrannous , villanous , atid despotio government ; and would they , as Irishmen , allow it ? Were they not

      cowards to allow it ? ( Cries of' Ye ? , Ye ? . ' ) ' Vengeance was theirs by the Lord . ' The witnesB Baid he wiahed hiB lordship to understand that he could not swear to the accuracy of the noteB he had read , aa he tock them sitting on the damp ground , with , the orowd about . A cry of ' police , ' caused the people to run ; he did not see the police on the occasion . Mr Jones spoke next . ( The wjtneas read the speech , which was equally violent ; he proposed the firet resolution ; also the speeches of Jones and others . ) Witness tobk a verbatim note of what tock place at tho second meeting . Two persons spoke at the meeting , the defendant and Ernest Jones . The defendant spoke first . The witness was about to read his notes of tho defendant ' s speech , when

      Mr Sergeant Wilkins objected to this course , inasmuch as what occurred at the second meeting was not included in the indictment . The Lord Chief Justice Wilde intimated that the evidence might be received , for the purpose of showing the animus with which the first meeting was called , but not as evidence of anything that took place at the second meeting . Tbe witness then gave evidence of what took place at the second meeting , which corroborated the teatimnny of the last witness .

      Inspector Waller , of the K division , stated that he believed there werb five or six thousand persons present at the second meeting . He saw stones thrown at the church , acd the mob , as soon as they saw him , cried out , ' There ' s the inspector , give it him . ' He called upon the mob to disperse , when a volley of stones was thrown at the police , by which a Bergeant and seven men were very much hurt . Considerable resistance was ma Je to the police , but the mounted police coming up , the mob was ultimately dispersed .

      Cross-examined by Mr Sergeant Wilkins —The service was over when the throwing of stones , began at the church . The Rev . Mr Horton , tbe clergyman of St James's Church , Betbnal-green , corroborated the evideace of the last witness with respect to the attack on the church , the breaking of the windows , and throwing Btonea at thepolioe . Horace Hardy , a ? oliceman , proved that a meeting took place on Clerkenwell green on the 29 th of May , and the procession that took place afterwards . The committal of Mitchel was then put in and proved , and the grounds of that committal . This closed the ease for the prosecution , ar . d the jury retired to take refreshments .

      On the return of the jury , Mr Sergeant Wilkins addressed them on behalf of the prisoner , and att' I making some preliminary observations as to their expelling all prejudice from their minds , said the complaints of the poorer classes were not altogether ground lees , and that they found in our laws , whi ^ h were held up to them aa perfect , measures moat , ruinaus to themselves and most salutary to otbers who were in a higher station of life . They , therefore , were under the impression that there was one law fer the rich and another for the poor . The learned counsel then quoted extractsfr . m speeches delivered by Messrs Cobjen , Bright , Wilson , and ethers connected with the Corn Law League , for tbe purpose of showing that language equally as yirent had been uttered by them ; and asked if a

      poor man , teeing that those speakers occupied places of distinction , had not a right to infer that there was nothing illegal in following the example of men whii had been honoured and rewarded , and for doing which he was now sought to be punished and degraded ? Now , he apprebeaded that any poor mail who felt that the laws were partial aEd unequal in their effect , had a right to assemble to state bis grievances , and Mr Romilly , the present Solicitor-General , had no latar than last April , in the Hous 9 of Commons , expressed his deliberate opinion that Englishmen had a perfect right to mest fo ? such a purpose , and if in the heat of eloquence a man was to say tbat he would force the House te do anything , no jury would convict him of seditious speaking . Was it unreasonable to expect that the poor man should

      be discontented and careless what ho did as long no he obtained not a voice in the legislature , when he knew that thousands of his fellow creatnrea were unable to obtaifi eubshtence by the Bweat of their brow , and were lacking a crust of bread for their wives and families ? Perhaps he might eeo a paragraph in the newspaper , stating that some poor creasure bad died in the street for absolute want—in another column a powerful article of the editor ' * , in behalf ot the poor— 'md in another tbat some dowager duchess had given » dejeuner to numerous branches of the ails tocraoy , and spent more in feasting those whose appetites were palled , than would satisfy ten families

      for twelve months , and keep them in comfort and Kappiness . Was it a matter of surprise , thewfoye , that the poor , whesa sufferings were so great , should , under such circumstance ? , be dissatisfied with our rulers , and abuse them in unmeasured terms ? The learned counsel then addressed himself at considerable length to the various counts of the indictment , and contended that the words used by the prisoner could not amount to sedition , and that the meeting at which he uttered them was not an unlawful aa » sembly . Ha concluded by an exhortation that , whether Chartist or no Chartist the jury would do their duty fairly and impartially , and with a view to protect the liberties of the subject .

      Tbe Attobney-Genehal then replied . He said that all the topics which bad been introduced into the lengthened and eloquent address of the learned sergeant had , in his opinion , nothing whatever to do witu tbe charge against the defendant . It was no excuse for him tbat other persons bad or bad notfur really there waa nothing upon which the jury could rely to show which way it was—made ase of expressions which amounted to sedition , and that for certain reasons the government of the day had c nsidertd it not advisable to prosecute them , and it did not justify his making use of seditious language at the period in question . What was the object of that meeting ? The resolution proposed in th first instance , was a declaration of the tyranny of the government in cofivictiug John Mitcfcel . Mitchel was convicted by the law , and in his opinion most properly oonvicted ; and he coild only Bay that if the offence had been

      committed in England he declared ho would nave prosecuted him (" or high treason . The Attorney-General procaeded to comment upon the ether circumstances of the case , and said that there did MOt appefll ? to be any pretence for saying that the meeting in question > was convened for any fair or legal purpose , or to dis- j cuss any grievances , real or supposed ; and the only in »; ference he contended that could bp drawn from a ) L the circumstances connected with it was , that it was . ; intended to create disaffection in the minds of the ! hearers , acd to excite to acts of violenco . He concluded by again expressing a hope that his lordship would coincide with him in hiB opinion of the law respecting riot , so that those persons who set themselves up as the leaders of those proceedings and excited their poor ignorant dupea to acts of violent , but who basely shrank from incurring a&y personal danger , might not eBoape the more degrading punishment to which the others were subjected .

      Chief Justice Wilde sammed up , and after some preliminary observations proceeded to explain the aw upon the subject of Eeditkm and unlawful assemblages , which it will be unnecessary to repeat . He then said , tbat as he had been bo strongly called upon to expresa the law with regasd to riot , he would state to ths jury what was the opinion he .-had come to , after a reference 4 o different authorities , which it would be unnecessary to > advert ; to . His opinion was , that if persons assembled to the number of threeor mose , ana 8 peecb . es- weromade calculated to excite and inflame them and induce them to . commit acts of violence , or haying a clear tenancy to that effect , and if at that meeting , or immediately after it > acts of violence constituting a riot were committed ,

      and it was impossible to sever thote acts from tas ex * eitt-ment occasioned by the epeec&es that had been delivered , then he was of opinion that in law not only the men that Btruck the blow or threw tie stous would be guilty of riot , but the personB who had excited them by their itfltmraatory harangues * if it should bo considered that they had been acting with one common objeot . The learned judge thea went through the whole of the evidence , commenting upon it as he proceeded , and concluded bj stating that it waa aow the province of the jury to decide whether all op any of the different enargea had been proved against the defendant , op whether , the Crowa bad tailed in making out tbe case foe the prosecution .

      ThBjUry retired at a quarter to ^^ t o ' clock , and did not return into couit until half-paat . They then gave a verdict of guilty upon allihs wuatBj except toe « ae charging r riot ,

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      . — .=, against such doctrines , wl . en tnry rt ^ eui ' n rad that scarcely any great national caufe had ever been gained without force , that treat foundation of car liberties . MaenaCharta itself , having beeu [ sained at the point of the sword . Similar i pinions had Leen held by numbers of celebrated men , although they had not expressed them with the same force and ea ^ . neatness as the defendant . ArncHg the statesmen of ' : modern times who had on many occasions expressed similar principles , he alluded particularly io the Ea ^ l of Chatham ; and among pbiloeopbers , to Hume ! Locke , and Paley- Aa an inBtanca of tho ne » cessity for resiitaDce to uaconstituJienal measures , he pointed out tbo injury whioh had been done to this country by those proceedings on the part of George III , and bis ministers which bad caused to

      this country the loss of the American colonies , which Lord Chatham had described as' ike brightpat jewel in the English orown . ' If those proceedings had beea prevented by proper resia . ance on the part of tho English people , those colonies woald still be retained , and this c&untiy would be in a far more high and independent condition than at prtsent . The right of public meeting was undoubted . Not the most des » rotic minister of George the Third attempted to put down this right , and it was only in the free exercise o this right defendant had aoted . Tkere were always ahrmists , who exaggerated the daneer of SUch meetings as had recently taken place . DirecUy the meeting was advertised , a leading newspaper raised the panic , by advising tradespeople to sbutup their shops ; and what perhaps would otherwise

      have been a . peaceful and unimportant meeting , waa raised into a dangerous proceeding by the presence or the horss police ; and then , to increase the public apprehension , a number of persons actuat-d by a most miserable spirit of ' flunkeyihm '—it was an expressive word and Tery properly applied—had awem themselves in as special constables . He quoted an opinion laid down by Sir Thomas Wilde , at tie state trials in 1844 , wben that learned gentltraan said that a meeting to be illegal must not ba merely a large meeting , but EUBt be of euch a character aa to excite al ;; rm in reasonable mirds ; yet tho Attorney-General , denied the law to be so . Now bo thought he had clearly established the right

      of resistance to tyranny and of nublic meeting ; and he asked , had those rights been taken away ? The privilege of publio meeting , of course , meant the privilege oi » peech ; and if it were attempted to deprive teem of that liberty of speech , then the attempt amounted to an act of tyranny ; aed whether it was right or net to resist it , btcame a delicate question . But it was one forced upon tbtm by recent events . He contended tbat the jury , in such cases , were the constitutional authority ' to decide both nppn the law and tho tact : and he hoped tbey would follow the bright example set by juries informer times , vho , jn casss of libel , when tbe judges declared that it was them alone who were to decida

      upoa the fact of a publication beiDg a libel or nor , and that thejury had only to say whether tbe party ao « cused had pubhVied it or not , in many instances returned a verdict that tbe defendant was guilty of publishing only , and although judges had re-fused to receive BUCh a verdict , juries hid persisted in returning thf m , and the judges could net pass any feotetce on the defendant . He called on the m tn do the same in thiB instance , and to say , by their verdict that the defendant was guilty of making the Bpeech only . Chief Justice Wildb . —That will be a verdict of not guilty *

      Mr Kenealy then went on at very great length to argue upon the right of the people to bear arms , and to oppose the forernment for the preservation of tbeir own liberties , and he expressed hia opinion that the government had acted illegally in repressjrg these meetings . He said that already the right i . f Englishmen to hold putlio meetings to discuss their grievances , which was one of the most important rights they possessed , hRd been taken away from them ; their right to petition had been turned into ridicule by the proceedings connected with tho Chartist petition , when the enemies of the people affixed fictitious signatures , evidently with that object , and tbe present prosecution was an attempt to deprive them of the liberty of apeecb . He entreated the jury to puta stop to theae tyrannical proceedings of tbo government , and he said if they did not interptse . they weuld

      end , one by one , that their boasted rights and privi . leges would be taken from them , and they would have to submit to a tyranny t qual to that which existed in the east , or elae tbe people woald rise in arms , and the monarchy would probably be destroyed . Did he wish to Bee such a result ? Ino , no one could be more Joyal or more firm in his attachment to the illustrious lady who now filled the throne than bimrelf , but he warned tbe g / Vernnient of tlia consequences tbat might ensue . Let them look at what bad happened in a neighbouring country . Louis Philippe , with his capital surrounded by forts , with his hundred thousand natioral guards , he attempted to put down liberty . He destroyed liberty of speech—he destroyed trial by jury—he endeavoured to take awiy the right of public meeting , and where was he now 1 A wretched outcast at

      Claremont , unhonoured and nnpitied by all , visited , it waa true , by some of the British aristocracy , but tot pitied even by them , for they fe ' t that be was uaworthy of pity . Ilumehad arrived at the conclusion tbat the government of England would end in an absolute monarchy , and he would say , take care tbat th ? s is not the case . Sueh a change wculd scarcely bs felt during its progress , but would be certain to arrive . The liberty of the prees was unassailable , because it was too powerful to be successfully grappled with . But it was not the same with speaking , for an individual might be taken away , and his influence ceased . He therefore urged them to be very jealous and watchful cf every encroachment which tended to diminish the rights of the subject-The learned counsel after some further remarks , said be knew that in this country there was a prejudice against an Irishman . His unfortunate

      countrymen were looked upon as balf savages , unworthy of consideration or respect , and evtn if one of them appe-red in a court of justice as a witnesp , he was laughed at and derided . On the present occasion the jury bad seen the fneer with which the Attorney-General had asked the question whether there were any'Irish'at the meeting . God help them ! They suffered misery and privations enough—misery and privation which were notoriously the result of the manner in which they had been misgoverned by this country , and he did think that they might have been spared these additional insults . He trusted , however , that on this occasion the jury would overcome their prejudice , that they would deal with the unfortunate Irishman beiore them as though he was their own countryman , ? and he confidentlly believed that when they looked at the case calmly and d « - pasaioaately they wobW say that he was not guilty of the crime laid to hiB charge .

      The Attorney Gbheral made a very brief reply . He said he Bh ^ iald notaDswer the topics tfcathad been introduced by the learned gentleman into his speech , but he again denied most emphatically that there was any ground for the assertion he had- made , that any of hia observations upon the gubjaet of repeal would be watched or taken notice of . As to what had been said about aty prejudice thatwas supposed to exist against an Iriubmin in tbi 3 country , _ he believed every one was aware that no auch feoliDg existed . lie himself was accused of asking , with a sneerwhoiher there were any Irish at the meeting .

      , Thajuvy had aeen what bad occurred , and he would leav « it them to sap whether there was any truth in the statement . With regard to the qnc-tien itself , it was one absalutely necessary to the case for the prosecution . The defendant was cha-geu with making an inflammatory and eiciting spocch upon the subject of a conviction of one of his countrymen m Ireland , and it was an important fact , as tending to exhibit the additional danger likely 10 result trom suck a Bpeech ,. when delivered in an assembly principally composed oUcisbmen , and tbat was the only reason why the question was asked .

      Chjbp-Jwmcus Wilde then summed up , and said it appeared to him that a greatmany of the topics which had been introduced for the defence had nothing whatever to do with ths case . None of the grtat authorities tbat bad bee-a , alluded to by the learned aounsel advocated t . uo . right to oppose by force of arms aay government aa- bj law establiahedi and all their ob = eivations oaly referred to cases where the crown and the government had eaceeded their goweiS ) . and oppressed tMr subjects by acta wholly ' , inconsistent with the law . Every word , therei ' oro , that had been enunciated upon this subjecL by those * great cbamp ionrof liberty might be taken aa Ieub , audyeS they wouM be found .- to hajre vefcy . little bearing upon the present caw . Had the govirnmeBt of the present « 2 ay acted so as to juetity

      an armeiopposition ?< for 4 be speech appeared to be 3 dmut « a , and thai mu& se taken aa t&e evident object of-it . Itwas-said that they bad improperly preveaied some publio meetings from taking place . [ j thsvi were so , w * re there no constitutional means t& punish them for ss doing ? Would that be a justification foe the Dsople to rise in armB and upset ; the government , ot aid they think thit they should esjoy more liberty , or that these would be a greats * protectioniopropsrtyif such 3 » result were to take place than undo ? the present government ? The learned jadge having explajaad the law upon the suLject 6 f&ed&on , toh tfcs j . ui"y that they should take tbe speech of the defendant with them when , they Kstired ^ and having considered tho whole of it , if thsy . thought it was possible , and looking at it in

      th& sustcharitable palatal' view , that the defendant uttertd the exjaeasioaa imputed lo him innocently , acd without any of the unlawful intentions imputed to him by the prosecution , it would be their duty to acquit Lita . After some further comments upon the evidence , his lordBhip said he . was sorry to hear tho learned oounsel state that the people of this cuntry had a prejudice against aa Irishman , and that in courts of justice they were received witn contempt . He could only say , tbat dnt « g nw emlienos of fifty years , in courts oi iuatico , no naa never seen one instance oi it , and he believed 1 ttaj the court , the jury , and every ore P * eienl r * , e » I repel such an act as tbat which the [ Attffnei-Genenj had Ixen aoouwd of , namely , speakiag w' » f . ^ a ot the Irish . He certainly * aw notoBom ^ in the conduct of the Attorney-GeneraJ gw ^ j *» to mm be a wi »« ttt ^ m

      Co Geabers & Cornsponumts

      Co geaBers & Cornsponumts

      Untitled Article

      PARLIAMENTARY REVIEW . The adjourned debate on Mr Hume's motion was very much , inferior to the first , and neither of them ' took a very high position . The sacrificing to expediency involved in its very terms , appeared to have exercised a benumbing influence on the speakers . The earnestness which is indispensable to real eloquence , was not felt by any of the advocates of the motioD , and the Ministerial and Protectionist party seeing tbat they bad asham , instead of a real party , to

      contend with , took the whole matter coolly , not to say contemptuously . Lord John , the oracle of the Treasury benches , '" ' pronounced" on the subject when it was first brought forward . That was considered sufficient . Not a single underling echoed the sentiments of the Premier ; not one of his colleagues in the Cabinet took the trouble to rise to endorse them . The motion was , in fact , treated as "bosh . " "What ' s the use of talking about it , have we not a majority . " " . . _

      The only exception to this policy was Mr Sergeant Talfoard , who , with more courage than discretion , came forward to proclaim himself a renegade to his former political professions—we won ' t say principles , because we like to be correct , if we possibly can . A more miserable farrago of nonsense , inconsistency , fustian , and balderdash , we never listened to , and yet it was " hear , heared / ' by Lord John , cheered by some members , and complimented by others , as a most extraordinary speech . Mr O'Connor was the only member in the house who truly described it . He called it a most

      ignorant speech—which it was . Why Serjeant Talfourd should have made such an exhibition of himself , it is not for us to say , but looking at " lawyer nature , ' and the possibilities of empty seats on the judicial bench , it is not difficult to imagine tolerably cogent reasons . The worthy Sergeant's speech resolved itself into three points : within the last thirty years we have made manv changes , therefore we ought

      nowto stop ; next , the people are poor and i # - Borant , therefore they ought not to have the power of compelling the Government to do them justice , by providing the means for education and employment ; and , lastly , in other nations changes have taken place , and are taking place , /^ e ; e / brenone _ oughttotake place in EnnlancJ .

      If our reacers are not convinced by the logic of the learned Sergeant , or fail to see how the conclusions follow the premises in these three propositions , we candidly confess we cannot help them . The most telling speech in favour of the motion was that of Mr Osborne . It was full of ia } : py hits and pertinent illustrations . One of the most successful of these hits was that in which he stripped the system of Government in this country of all tbe mystery and gilding by which its real nature is disguised from the people . Alluding to the objection that the

      petitions in favour of the motion were merely " family petitions , " he asked what the Government was , but a Government of a particular family ? With scarcely a single exception , every man in the Cabinet was connected either by blood or marriage . In fact , to use Mr Osborae ' s words , the Government at this mon .-ent " is nothing else but a snug family party . " The few underlings , not in the Cabinet , who do the drudgerv . knd are honoured with seats on the

      Treasury Benches , such as the Wards , Parkers , Wilsons , &c , are only allowed to do sc by this family of oligarchs , at the expense of their political reputation . As Mr Osborne truly and humoroush' remarked , these so called Liberal members are treated by the Whigs as gipsies are said to treat stolen childrennamely , disfigured and disguised , to make them pass for their own . We think that this has been done so successfully , that their constituents will not be able at the next election

      to recegni&e them again , and that some seats may be lost in consequence . Sheffield , for instance . , may be asking some ugly questions as to tbe appearance of tbe names of Parker and Ward in the division list against a moderate middle-class pian of Electoral Reform . Ko dobut these two gentlemen , who receive about 5 , 000 ? . of public money annually , in the shape or salaries , have good and sufficient reasons for their votes ; but it is a fair question for the voters of Sheffield ; why , upon this occasion , their town was not included in the list of large towns which voted against an exclusive , unjust , and oligarchical system ?

      Mr Cobden ' s speech was statistical and dull . In common with all the speeches delivered by th" New Movement men , it laboured under the defect of being based on no definite first principle . Mr Osborne , as * ell as Mr Cob-Sen , distinctl y stated that they recognised ^ do natural rig ht to the Suffrage It » , therefore , with them not a question of justice , * " * £ * nediency The broad landmarks of right ana £ ron " are thrown down in this most important of 21 question ., , ar . d the whole matter « Lived into one of the adjustment oi oppooDg goiveu wiu uuu v" " — —v t-i . howh

      , forces and a groping in the ^ rk , ^»<* ' »* « ver much it may suit those who have the ^ pos session of power , is little calculated to eman ts ^ s ^ stxg ^ o < prope ^ y , I . ** jP--J > 5 S" 4 : & 555 jr-: »^* - "

      Untitled Article

      THE TRIALS OF MESSRS FltAN'CIS LOONEY AND ERNEST JONES . SENTENCES ONTHE PRISONERS , CRIMINAL COURT ^ TaTURDAI . Jult 8 ib .

      THE TRIAL OP FRANCIS LOONEY oh , rZT ^ ° n ^ aa ar . ra'gi > ed on an indictment June misdemeanours on tbe 5 th of « P « A ^ raey-General , Mr Webby , Mr fkdkin , and Mr Clarke , were counsel for tho prosecution The prisoner waa defended by Mr Kenealy The Attorney-General said that tins case was very short and conclusive . The case would be proved by a single witness , and ke need not do more than read the speech delivered by the defendant-a apeach he mu 8 t characteriae aa a most dangerous one . There was some slight degree of difference in this

      cas 9 as compared with thoae that had already been under consideration ; for in those the speeches bad been delivered to lar ^ e open air meetings , whilst tbe speech for delivering which the defendant stood at that bar was delivered to a meeting of some three hundred persons in the Chutist Hall , in the Blackfriars-road . In addition to the charge of eedition , tbe defendant was charged with atteodiog aa unlawful meeting , and with taking part in a riot ; but with regard to the latter charge , thejury would not have to inquire into it . The learned Attorney-General then proceeded to read a transcript of a government shorthand writer's notes of the defendant's speech , tho Bubstance of which will be found below . It

      would , he said , be a useless waste of public time to dwell further upon the speech , which he should ? ro « ceed to prove by the short-hand writer . William Counsel , examined by Mr Wel by : I am a short-hand writer . On the 5 th of June I attended a meeting at the Chartist Hall , Webberstreet , BlackfriarB ' -road . I got there about eight o clock . About two hundrtd persona were present when the chairman was chosen , but that number increased aa the business proceeded . There were , I should think , three hundied person ? present , the majority of whom were Irishmen . The chairman announced the defendant as tha secretary to the Davis Club . The defendant said he attended the meeting ti assist in the formation of a club . He

      avowed himself a dreadful opponent' practically' of Lord John Russell . He advised tho audience to possess themselves of arms , as they had a right to do so—they had a right to repel the midnight burglar , and they had equally a right to keep arms to ippoae the myrmidons of a base government . A time waa coming when men would have to aot as men . He said that John Mitchel , a man who for fourteen weeks had written and propounded the most fceautitul doocrines , and who had dope his duty as much as Robert Emmett had done his in his day , had been removed from amongst them . Be avowed himself a republican in heart and eouI , and advised all who c » uld to get arms . Pikes , hu said , could be had for eighteenpence , and piatola were cheap , The House of Lorda was a rendezvous for pickpockets , and no good would be done until the land was wrested from

      the robbera who held it . To the Irishmen present he would say that the harvest that was then springing up from the surface of Irish soil would never leave the land until every man had enough . English aed Irish should be united , and if their demands for jus tics were unheeded , they weuld take it ; snd if tbe myrmidons of the English should attempt to hew down their Irish brethren when they appropriated the growing harvest , ' by heavens , ' Baid he , ' we will be thtre to assist them . ' He then moved a resolution , which was Eeconded by a person named Rooney , and which was to this effect , that as God made roan , and as man made arms , it is the undoubted right ot every man to possess them , and to know the use of them ; and , as the possession of arms imparts a dignity and importance that none but the possessor knows anything of , he advised every man to obtain them .

      Witness cross-examined by Mr Kknealt : I attended with Mr Doogood , another short-hand writer , and his clerk . The chairman said , that the meeting was to enrol members of a ' Mitchel Confederate . Club , ' to obtain a repeal of the union . The defendant did doc leave the room wben he had delivered his speech . I hare attended and taken notes in the House cf Commons . There was considerable applause at the meeting . Mr Richard Kbmmis , son of tho Irish crown solicitor , prod DC id and proved a cipy of the record of the conviction of Mitchel for felony ; This concluded ( he case for the prosecution . Mi Kbkealy then took s . me technical objections to tbe indictment , a short discussion taking place , the result of which was that the Lord Chief Justice deeded that the objections did not affect the indictment ; buc , at the request of the learned counsel , his lordship took a note of the objections .

      John Gray , a police-sergeant , was then called by the Attorney-Gtneral , at the requeat of Mr Kenealy . He deposed that he arrested the defendant , telling him he acted on a warrant issued by a magistrate fir a seditious speech delivered by him at a Chartist meeting . The defendant asked to see the warrant . Some persons called out' Looney is it right . ' shall we fight ? ' The defendant said that thi . ge persons w . re n ^> iriends of hia , and said to witness , ' The first of them that may interfere with you in tbs execution of your dutv , knock him down . Mr Kknealy then proceeded to address the jury on behalf of tbe defendant . He said he appeared in his present position at tbe earnest ; request ; of the defendant , whtm he had knoivn from his childhood , and who was attached to himself and his family . Ilis conduct bad been hitherto unimpeachable and had entitled him to reapect and eateera .

      Chief Justice Wildb interposed , and said it was cot the usual course for a learned counsel to give evidence in the behalf of a defendant ! in his speech to th 9 jury . It was very inconvenient , and quite irregular . Mr Kenealy Baid it had been done by a very great and learned man , Mr Erskine , under similar circumstances , and he considered he was justified in following such an example . The learned counsel proceeded to state that he laboured under considerable disadvantage en the present oecasion , and it was increased by an intimation that he had received from a private source that anything he might say upon the subject of the Repeal of the Union would be watched by the Attorney-General with lynx eyes , and that ulterior proceedings would probably be taken against him .

      The Attorney-General : How dare you say , sir , anythiDg of the kind ? How dare you make such an assertion ? Some friends of your own may have made such an observation , but I would not condescend to do so . I aay , how dare you , sir , make such an observation ? Mr Kenealy appealed to the benoh whether the Attorney-General was to be allowed to use such language as tbat to him . Chief Justice Wilde Baid that he had mentioned something tbat had been whispered to him by a private friend , and , if it were untrue , he must expect to have it repudiated . It was a charge against the Attorney-General .

      Mr Kenealy then proceeded with his address . His client , he said , was an Irishman , and a Repealer , two very great orimeB , he admitted , in this country ; but he trusted he should be able to satisfy t&e jury that their liberties were at Btake on the present occasion , and he therefore hoped to induce them to acquit the prisoner of the charge made against hire , He submitted that the prisoner , believing conscientiously that it would bo better for the people of both countries that the Union shall be repealed , had a parfect right to discuss the matter publicly , and he asserted that hia prosecution was merely an attempt by the government to stifle the expression of public opinien , and to assert the slavish doctrine of passivo obedience : and ha said that if the jury did not inf

      terpoBe , they would be parties to the destruction of their own liberties . He did not deny that thedefenddant had made the speech imputed to him . He admitted ho made it , and he was now prepared to justify it , and to assert that he had not exceeded ( ho law . He had been placed by her Majesty ' s Attorney-Gtneral before tho jury to answer a charge of sedition , of attending aa unlawful meeting , ai ^ d of riot . Tbe Attorney-General had thought fit to abandoa the charge of riot , aad why , he would ask , had it ever been brought forward ? The jury was a tribunal placad , and mo&t properly so . between the liberty and the rights of the subjeot and the infamous acts of attorney-genesals and the possible partisanship of the bec « . h . Not that he wished to say aught of the

      English benah of the present day , whiok he waa aure ^ waa as pure and as impartial as ever was exhibited to the world ; but there were titnes-when such was not , the case . He was but a young lawyer ; yet ever since he had made the law his mudy , he had applied himself to the constitutional law of this country ;; and although he . was not to bo supposed to unr derstand constitutional law aB cleanly as an attorneygenera } , or an attorney-general ' e colleague , he thought , he knew what was the constitutional law well * and he had no . hesitation ia asserting thai thq law , as it had been laid down in these trials by the law officera of tie crown , waa not the constitutional

      law of thiB country . It was . eontended that the pcogto had no right to resist . That doctrine he denied . Tho people ot this country would not be told that they were ts- ba paasiveJy obedient ; and he would show by authority aa swat aa that of the Attorney-General hisaaelf , that such was not the constitutional law of tbia country . The people had a right to exiBt , for , look to the gttat and important events connected with the revolution of 1 GC 8 . Did the people of that day admit the dootrino of passive obedience ? Tha doctrine of passive obedience eaid that the crown raight ba guilty of all kindB ei' tyraany , and be held W do no wrong . He never oould 6 ubaoribe to any auch doctrine . The revolution ot 1088 waa not the

      lesB glorious because it was effected by force . He did not denj tbat the defendant had attended the meeting in question , but he believed that he did so from pure and patriotic motives ; and if they believed that , ~ however miBguided he n » igbti have been—he aoted on that impression , it was their duty to acquit him , He congiM H pbgwl ty mv m outcry

      Untitled Article

      - ^ j ^ LJ 2 jJHL __ THE NORTHERN STAR . : " ¦ " - . . ¦ ¦ fw ^ r ;—— ' 6 ^ " i

      Untitled Article

      The Encumbered Estates ( Ireland ) Bill has made some progress . If the Government , instead of wasting tbe public money , and the time of Parliament last year , upon a lot of clumsy ephemeral measures , had resolutely pressed such measures as this , the foundation of a better state of things might , ere this , have been laid in Ireland . It is to be hoped , that at last so necessary and desirable a Bill will succeed in passing into a law . The measure has one great merit , that of boldly cutting through the net work of difficulties which surrounds the subject . Previous attempts only complicated complication , and made confusion more confounded . The new Bill takes the straightforward and summary mode of enabling a mortgagee to bring an Encumbered Estate to sale ; gives the new purchaser the power of acquiring a parliamentary and an indefeasible title in a short time , and leaves the parties interested in the proceeds to fight tbeir battles , if they have any , over the ^ money realised from the Estates . By this means the soil will be liberated from the monopoly which , at present , locks it up from use , and a chance will be given to labour and capital to convert an artificial desert into a cultivated land .

  • Citation
    • Northern Star (1837-1852), July 15, 1848, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1479/page/5/