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-?• • • TWBHTY-FIiTH EDITION. Hustraied by twenty-six An&lomical Engravings on Steel.
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LIVERPOOL ASSIZE INTELLIGENCE.
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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O > Fkvskal DiModliJieatto ** , eerteraUte incapacity , ana ^^ jfsss ! tssasass& fapMt ^ T SlLENT FRIEND ; mefficalwsA onthe eihaustio ^ arf phyiicaljSecay of fli ^ tea , prodmoed by exeesnTa tedulgence , tte oonse-^ SSm ot&eaoo , or the abnseof merenry , with obser . T » Uon » oa tie married state and the disqualifications ihichprertntltjUInitratadby twenty . sir coloured en . mvinEt , ani by tbe detail of oases . ByK . andL . IBEET and O ., 19 , Beraen-street , Oxford-street , Lon . ion . FabSsoed by the anthon , and gold by Strange , 21 , Fatenioster-row ; Hannej 69 , and Sanger , 150 , Oxford , street ; Starle , it , Tichoorae-street , Hajmarket ; and Cerdon , 146 , Leadenh&ll-street , London ; J . and B . Barnes , and Co ., Leithwalk , Edinburgh ; D . Campbell , ArgjU ^ treet , Glasgow ; 3 . Priestly , Lord-street , and T . BTewton , Chareh-street , Liverpool ; £ . H . Ingram , Ibrket-place , Maoche « ter .
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FAMED THROUGHOUT THE GLOBE . HOLLOWATS PILLS . A CASE OF DROPSY . Extract ef a Letter from Mr William Gardner , of Hanging HaHghton , Northamptonshire , dated September Uth , isa . To Professor Holleway . SB , —I before informed jou that my wife had been tapped three times for the dr « psy , but by the blessing of -God upon your pills , and her perseverance in taking them , the water has now been kept off eighteen months bj their seans , which is a great mercy , ( Signed ) Wniuv Gazsheb .
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Wssck op a Fsikch Bbio of War— By tto Rench teasel Jose , aimed at HaTre from Monte wfleo , which she left oathe 2 adofOot ., we learn that the Frenob . brig-of-war Pandour had bees lot with almoat all hands on board . A few of the crew lucceeded in laving ihemseWes , _ Ro 0 oh aid Rudy . —A ysong giri , arrested io Philadelphia- at night drunk , refused to give any etiiayuuae . than that of'Rough and Ready , * m ^ voSet that appellation was committed as a Tigrant . The Reeerdenhip of Norwich , an offioe whioh was recently vacated in so Bndden and horrible a manner to the : « irdtr of Mr Jenny , hu been ghea to Mr . fteadtrgart , of the Norfolk Circuit .
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Mondat . —The ipecial cemmisBion of assize for this county commenced here to day before Mr Baron Aldenon and Mr Justice Erie . There were no less than 158 prisoners for trial , sixty-fi ? aof whom were charged with conspiracy and sedition . Mr Baron Alderson having delivered his charge to the grand jury , proceeded to try the ordinary cues in the calendar . [ Before Mr Justice Erie . ] COKVPIKACT ASD SEDITION AT LIVERPOOL . Franc u O'Donnell , 29 . Joseph Caddy , 32 , Matthew Sorters , 23 . Robert Hopper , 22 . Edward Murphy . 20 James O'Brien , 22 , Martin Boshill . ( ont on bait' ) , Peter HerfeestDalamere , ( out on bail ) , Gaorge Smitfe , ( oat oa bail ) , and ' James West ; ( oat on bail ) , were charged with conspiracy at Liverpool . There were eleven counts in the indietment . The first count charged the prisoners with procuring and sending arms to Ireland , to be U 3 ed in a breaoh of the
peace , and in opposing the execution of the laws , and for the pnrpose of insurrection and tumult . The second ci ; unt charged them with procuring arms , with intent t ) Bend them to Ireland . The third eutiat to aid and assist conspiracy in Ireland gene * rally . The fourth count charged thim with as intent to rake insurrection in England , and to arm , and procure aims far themselves , and canse others to do so , for the purpose of obstructing the execution of the laws and the preservation of the peace . Th « fifth count , to incite ethers to raise insurrection in England , and to ertn , apd procure arms , for the parpose of obstructing the laws . The sixth and seventh counts were similar to some of the preceding , with some technical difference . The eight count charged the prisoners with inducing persons to form clubs , to create terror and disaffection . The ninth , to form clubs to arm ; tha tenth , to form illegal clubs ; and the eleventh to riot and levy war .
The Attorney General ( Sir John Jervis ) , the ittoraey General for tbe County Palatine ( Mr Knowles , Q . C . ) . Mr Welabj ( specially retained ) , Mr , Compten , and Mr Pagett , appeared far the Crown ; Mr Pollock and Mr Simcn defended O'Donneli , Caddy , Socere , Hopper , and Murphy . Mr Tindal Atkinson defended O'Brien ; Mr James , Boshill ; Mr Segar , Dalamere , and Mr Deaisley and Mr Aspinall , Smith , On behalf cf the priioners defended by Mr Pollock , the learned counsel applied for tbe remission of the fees , on the ground of their poverty , and of the trials being postponed at the last arizes against the wish of tbe prisoners . The Attorney General for tie County Palatine , objected to the application , and denied that the Crown had stood in the way of the cases beiBg tried atthelastass ! z ; B .
Affidavits ia support of the statement wade by the learned counsel for the prisoners were ordered to bs prepared . The Attorney General , in stating tha case , said that it deserved particular attention from its great importance , and more especially so from the position of the prisoners , who had been the leaders in the late conspiracy , and not the dupes of others , and upon « hom , therefore , if they were found guilty , the most 6 erere punishment ought to follow : The learned gentleman then proceeded to eay that it would be proved that the prisoners had organised themselves te set fire to Liverpool if the Government would not grant the demands of the Irish , and referred to the appearance in Liverpool of Meagher . now convicted
of high treason . Meetings were held on theoccation of bis vhit to Liverpool , and dabs formed called the Emmett and the Mitohel eluba , certainly not names implying a peaceful agitation , for the purpose of assisting the Irish te obtain the Repeal of the Union . He then referred to the first meeting of the Repealers in Liverpool , in September last , when the prisoners were present ; and- he read from the minute-book at that meetiug , of which tfee authorities had obtained possession . He also read from tae minotes of subsequent meeting * , one of which was to this effect—Dr Reynolds ba requested to write an addras to the French , and three cheers given for the French Republic Minutes of subsequent Heelings spoke of the necessity of aiming . Somera
said petitioning was of e _ o use . M'Manus ( aid Eogland waB in a state of siege , and that the government did not know at what point the attack would commence . Tin ' s was to , for in the early part of this conspiracy the government bad not the means of knowing how the organisation was going on , or by what secret agency it was moved . It appeared that M'Manus was continually writing to the dsBSuveted in Ireland , reporting tha progress of the organisation in Liverpool . The learned gentleman ireot on at considerable length to read from tbe minutes of the differeat meetings , which disclosed the arrangements made for procuring arms , and the appointment of different sub-committees to canse their Bale and distribution among the people . lie
proceeded to describe the continued formation of clobain Liverpool , afid wad extraola from the minuta books , eomeof which referred to the trial of Mitchel , end described him as the champion oi the people , and that they would not allow him to be trampled upon ; and resolutions pasjei that they would would submit to any orders whioh might be received from Ireland in the event of Mitcbei ' s conviction . At another meeting it was resolved thatno one should ba considered eligible to serve on the committee who could not satisfy the members of the olub that he was possessed of arms . Other resolutions and minutesdisclosed the organisation , and the manner in whioh the t . wn had been divided into districts . The learned gentleman proceeded to state
that no one could read the muuteaof these meet . ing 9 without being struck with what was intended , and that the constitution itself was in danger . He then said be would , in the next place , read from the Fpeechea of tte prisoner * , one of which , delivered by Someis , was the most outrageous he bad ever yet had to bring before a court of justice . Amongst other topics , the speaker asked his audience if they were resisted in Liverpool , and a massacre took place , what would they do ? The answer was' Moscow ! ' Towards the close of bis speech Somers stated that he was reminded of Warsaw in flames , end that if the govsrnmenfc did not grant their
demands , the sky weald be reddened with this Babylon ( Liverpool ) on fire . He then cited extracts from speeches delivered by Dr Reynolds , who publicly advised the people to get pikes and guns . He also read from speeches of the other prisoners at different meetings , inwhiehthe conviotion of John Mitohel was alluded to ia the most violent term ? , and the people requested to arm for his rescue . In one of the speeches the speaker observed , amongst other things , that Lord John RnsEell had made a tool of as apostate Attorney General , and that it would give him great pleasure to see Lord John Hu&sell ' s hud on ' the top of a pike . Tha speaker ( hen stated the prico
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whioh pikes could be had . The ' learhed gentleman referred to the arrest of several of the priionors , and to the- pikes and . fire-arms foDnd : in ; 4 beii poasesjiqn .. He mentioned the joursey of M'Manus to Ireland from Liverpool , ' and the ! report which pot into oiroulation a few days after in Dublin , that Liverpool was in flunes , and also the report circulated at the sane time , that the station at Thurles was on fire , and that the military had been beaten . There was asingulM coincidence in the two report ? , which he thought proved it to ba the reaolt of ft previous undentacding amone tha conspirator ! , in order to distract the attention of government .. It was immediately followed , as they all knew , by great fxoitementinthe metropolis , and by the apprehension of several persons . ; The learned gentleman having conpluded an address of nearly two hours , Peter M'Nally was examined by Mr Knowles ,
Q . C :: He . said he < vwasa : policeman , and in July went to the houseof the prisoner Murphy , in Peovor » StreBt , Liverpool , and made a search . Murphy was H ^ t there . In tha houss he found a boob , [ One of tbe minute books referred to by the Attorney General was k ' rcre identified by the witness , ] Jni ^ ector Haynes deposed to a gun being taken frota th e honse of the prisoner Murphy , and to re ceivtog t ^ e book spoken to by the last witness . Cbttrks . PKkinB , an inspector , deposed to finding a musket v n & 6 "lock ease , and a pikehead in the cupboard of * \ hesame house . Witness also found some papers . fTbe papers were here handed to the witness . andhdid »; utifiei [ them . ] William Km . 1 8 a » d he lived at No . 6 , Peover Street , in Uterp * . ' !• The house No . 16 > belonged to him , and tte pA » " » er Edward Murphy was the tenant .
By Mr PoB $ 9 & ; 1 "dieted that the prisoner had lodgers living wittofcu - - : , ; Joaeph Bnnrow > - aa inspector of police , remembered Murphy coatee fc the police station on the 17 th of July for t&rgim . Be said a book and something else had been tBfteoi'nt of his houBe . He ap plied for b » th the bwk sol jnn . Prisoner said ! be book belonged toasjlu * o » wh »« b . he wassecretary . Witness then took hha'inie- i " » to ° > On their way to the main Briaewe&i priwa ' *• » aid J » nad **** Ireland and returned tSe-dsy E& * ?*»• . _ . , John Williame , a shaper , re * 'ding > n Liverpool , knew the prisoner Murphy . . He * i ' » "f" witness s employ . [ The minute booH > wsf I a «> ded «> the wit . ness . l - Conld swear to different m » "ds in the book as
the handwriting of the prisoner , William Hall called : W » » I 4 w . DW > 1 merchant , Th « prisoner Martin Boshiff wa » a > cl ' « " » » bw employ . The entries in tbe booftfrom pi Se » 22 to 35 were principally Boshill's handwriting . Paws 45 to 92 were also in his handwriting ; F « Te " * *»' also prineipslly tho prisoner ' s writing . By Mr James : Boshill continued * a tier . * in witness ' s employ ep to the present time-. Was in Mr M'Kay ' s employment bsfore he csme te witnt 'Sf . Be was ft young nan of s , v « ry good character , fie was very attentive to business , whether witness i « present or absent . Ralph Harvey Thompson t'Warfbrmerfj . » « lerlc . ef Mr Terence Bellew M'Manu ? . Was-sv « p to the timeof M'Mawts ' s leaving Liverpool ; . whicis wa > i on ar Monday night abont the end of Jtaly . In page 16
of the book , he sawM'ManuB ' s hsodwritiug . The Minehandwritingwasalsoin pages , 3 Sj 40 i and 02 . Knew the prisoner Marphy . He waa-iutimate witn M'Manus . They had lodged together . Page 11 in the book was in Murphy ' s handwriting , also paces 45 and 57 , and the signatures in 9 $ 108 i an * 119 . Knew the prisoner Betemere . He was- in the employ of Teyleure and Copley , coal merohants . He iad before that been in the employ of Mr M / Manus . Pages 62 and 85 in the bsok were in his handwriting . Delamere vtsb in the habit of calling on M'Masus Dr Muiphy , D ? Reyioldg , and Smithr » sra also , in the habit of calling . ByMrSegon : M'Msnasis thirty-Be ^ cnjean of age . He had been ia business seven or ; eight years , Delamere h managhg ole ? k at Tayleure ' s-. It w& » a respoHsible situation .
By Mr Dearsley : E » tteily Smith di * not v&St M'Manus . MrBearshy : Did notSmiik speak in condemnation of JrMsnus ' s pSyeicaf force notions ?' Th * Attorney SeBsral objected to tue queation . Thomas Statues knew- Dr Reynolds , The witness identified Dr ReynoWa handwriting in tha-minutobooks , He also ideatiued the handwriting in the book 8 ofthe prisoner , DrO'Bonnell , Themas fell , a skapeiv in Liverpool , ideatified some af the handwriting in tha books as- that of Patrick G'Hanlon . Was wquainted with Georze Smitb , Sawhis aigBatureEr in pages 33 , 65 ? and 63 ' A file of letters was here handed to the witness , two of which he identified & 3 the prisoner ' s hand
writ-Thomas Iiorley was in th » en > ploy of Turners and Kilptn ,. joiners , in LWerpook O'Brien waa > alio in their employ . The witness awore to his handwriting in the minute books . Ttta Attorney General for the county palatina then proceeded to read in detail horn the minuta books found in the posseBsioa of the prisoners , and < whioh had been referred to by tha Attorney General in his opening addresB . Amongst the proceedings recorded was a protest against too Irish Crime and Prevention Act . and a speech against it by M'Maous and some of the prisoners . Minutea of subsequent meet * ings declared war to tha Morning OnBONicLB ,. Tiii « s , Po » and tbe preai generally Mr Knowles was pro * ceedipg to readfrom the minutes , which detailed certain acts of Patrick Muephy , not now on his trial , when
Mr Pollook objected to the book being received as evidence of conspiracy as against the- prisoner Edward Murphy . His Lordship rulei that the evidence was- admissible . Mr Knowles , in continuation from the minute books , read the further proceedings ef tha olubs and the prisoners , which embraced a moat voluminoui account of the organisation effected , their general correspondence , the formation of the olubB , and the progress made in arming . Amongst the correspondence whioh the reading of the minutes disclosed , was thit which had taken place between the various clubs in Liverpool and the Confederates ia Dublin , and the suggestions made for a general organisation on the arrest of Martin , Duffy , and the other Irish prisoners . Several of the speakers declared that the covenant between the people and the government was broken , and that they were witheut a constitution .
. Letters found in the possession of the prisoners were then read by the learned gentleman . One of them recommended that addresses should be sent to tbe people of France from all the large towns in England for their encouragement , and in order to attract tho attention of the Ministers . Charles Alched was then examined by Mr Crompton . He said he was a newspaper reporter , and on the 31 st of March last reported a speech at the Murio Hall , delivered by the prisoner Somers . The witness then read at length , from his notes , the Bpeeoh in question . The tenor of it was to advise the people to arm , and that there were 50 . 000 people in Ireland ready to join them . The witness then deposed to a speech delivered by Dr Reynolds on the 7 ih of April . Simon Harker , a reporter , was next examined by Mr Welsby ; On the 7 ; h of April he attended a meeting , and heard Somers speak .
By Mr Pollock : Would swear that the prisoner was the same person bo saw at the meeting . Examination continued . - The witness read from his aotea of the prisoner ' s speech . The speaker said they could not face bristling bayonets with sticks . Ho preferred a pike to a muiket . He was no friend to the burning of warehouses . The prisoner , in continuation skid , 89 fce saw in imagination Warsaw in fhmes before him , he could tell the merchants oF Liverpool , asd alas the government , that four hours would not elapse after a massacre of his countrymen before the sky would bs reddened witUthe Babylons of England , The witness then deposed to a spoeoh delivered by Dr Reynolds , in which ho stated that he was about to give up dealing in physio to deal in
pike ?; He then stated to tho meeting the price at whioh he could supply them with p ikes * By Mr Dearsley : When he went to tho meeting , he understood tl . at the resolutions to be pawed were Chartist resolutions ^ The meeting was an open one He had no difficulty in gaining admission . Mr Pollook : Were you present when a oomplaint was made by Dr Reynolds to the polios magistrate for having taken poBaesBion of certain- — The Attorney General : I objeot to the question . Mr Pollock contended that he had aright to ask the question , aa it was in consequence of arms having been found in possession of Dr Reynolds , that a charge of conspiracy was sought to be brought home to the prisoner , and that the authorities had deoided that he had a right to have the arms in his poBaes . sion «
. After a conversation between his Lordship , the Attorney General , and Mr Pollock , the question was allowed to be put . By Mr Pollock : Remembered Dr Reynolds complaining to Mr Rnshton that the police had taken th ^ olioB fromhi 8 ltore * Mr Ra 9 hJo » reprimanded By the Attorney General : Mr Rushton ' s observations were accompanied by a warning to Dr Reynolds . m Kpbert Rache , a reporter , was preBent at a meetm in Queen Square on the 2 O . h of March . " Mr ?»„ Z ^ i \ ° ? e / f 8 Pea ^ rs . He ssid he had been requested to come over to this country . He wa \! £ M rH ? x !! fT d -i L pr P »« l » w delivered on the 5 ih of April by Mr Doheny and othera . Objections were urged to the receipt of the evidence : and the witness was direoted to stand aside
-Povah , policeman , deposed to the presence of Beveralof the prisoners . * b m Mr Roohe was recalled , and read Daheny ' s speech , calling upon the meeting to arm , to get rifl-s and pikes ; and afterwards a speech of Dr ReynoWs of a similar obaraoter . WitEesa was atao preBent on the 11 th of Jane at a meeting on the North Shore . Hopper , Somers , and Dr Reynolds were there . M'Lean , the chairman , spoke first ; afterward * Jones spoke , and Dr Reynolds followed . The witness read Df Reynolds * speech , wbjoh , w « i denunciatory of
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Lord J , Russell ' sgwrernment , the police , the mv and its offioers in genefcli and in-which the speaker gloried in the deieat ; of the English troops in India , arid called uponthe people to form clubs , and to ark and organiie themselves / aa they were doing in Ire . ; land , where they did not intend to allow a morsel of their harvest to leave the land without fighting for it , and concluded by stating that he bad been aB seditious as be could , and defied the government to touoh him . Witness cext read a speech by Hopper ,
ono of the prisoners , d 3 nounoing the oonduct of government towarda John Mitohel , and calling upon tho meeting to draw th ? sword . A speeth by Sorners , accusing the authorities of packing Mitchel ' s jury , and abusing the editor of " the'Jouaiai , followed- - ¦ ' . ¦ ¦ .. The Attorney General here offered to produce the notice in the Albion of the proceedings before Mr RuBhton is the case of Dr Reynolds ' s complaint ; but Mr Pollock withdrew the point he had intended to raise UDon it .
—Jabez , policeman , attended a meeting on tba 6 th of June , in Circus Street , at which were several of the prUonere , and took notes of the proceedings , whioh cossiated of information as to tbe formation and arming of thq c ' ubs . Was present also at a meeting on the li ' . h of June , at Bsv'Bgton Bush . Tbe chairman was named Parks , and the meeting was said to have beea called to form sluba . Hopper was present , and asked the meeting to visit his club in Birkenhead . They could defy the government . Ernest Jones was also present , and spoke in favour of forming dubs . Tbe witness also . deposed to the proceedings of a meeting in Circus Street , on the 22 od of Jane , at whioh Hopper and others were present , when violent insurrectionary speeqhes were delirered ; and to these of another meeting on the Yth July , in Great Howard Street . This witness said that he followed M'ManuB to Ireland , and gave infnrnvation at the Castle .
Cross examined by Mr Pollock aa to bis proficiency in reporting ,, and how many speeches he reported in a night . Witness stated that he was not examined en any of the oases before the magistrate . Was present on Cuddy ' s oase , but was not examined . His deposition , signed by Mr Rushfcon , was handed up to him ; when he explained that the depositions were drawn up in the clerk ' s office , and sworn before Mr Rushton , but that he wai uever examined in the court . A difference was noticed by Mr Roe * buck between the evidence given by witness as to the proceedings on the Cth Jane , and that stated in bis depositions , which he accounted for by saying that he spoke them from memory , the magistrate ' s clerk having his notes , Matthew Willccx , policsman , gave evidence of the prooeedfags at the meeting in Circus Street , which ma very Bimilar to that of the preceding wit . nets , and also deposed to the proceedings at some otber neetmss ,
Cross ^ xarain ed by Mr Pollock as to bis practice and rnoda of reporting— 'Witness explained that his idepoeiciona- wsre taken down in the magistrates ' ! clerks ' -room , : His lordship jaterfered to prevent any inquiry whioh sight tead to tbrpir blame on the mode of ! oonduotii ) g the magisterial business hi ILiverpeol . Mr Pollook explained thsc his object ww only to show that the prisoners might be damaged by tbsip-uot having an * 9 pportunrSy of orow-examiBing the witnesses .
¦ She- Attorney General showed * that some of t'i « vriteeeses had been cross-examindl BBtiry Baaner ( who- was very ilO'kcowff Cuddyv and met'him ' on tbe 22 bd of July , in Ghurdi Street , who asked him'to cart a few pi&sfor him . lie went with him' to a back yard , end held a sack , into viriob Cuddy ; put two dozen or snore piksst At first horefused to bars anything to do with him . He went with him , however ,, by the bask streets and along Byrom Sheet * , intor- Scotland' Road , where both wer « taken into custody b y InspautorBurrell . Cross-examined;—Cuddy told tbe inspector that witness was only engaged b / him . Mary Williams let the Bbptist Chapel to Cujdy for feur nights , twwin each week ; and aubBequeotly stopped them « etina 8 ,. bscauie she faw pikes there .
His lordship , it haing six-o dock , and a number of witnesses remaining to be extmlnei for the Crown , adjourned the Court until nest morning . TrjE 9 DAr . ' This oas&wtti than * resumed ; when the ? foHo * tog evidence was oalledon behalf oi'the proseeution . Joseph Bbrrell , poliee-inspector , deposed , that in July last he stopped a man named Banner , employed by Cuddy , with a bag containing thirty-owe'pikts in his pnflsessio * .. Caddy said teo-pikes beloBged to him ; thai he had more of them , end . oa Tuesday he intended to send 100 ' ttf ' a-similarbind to Waterford . On cross-examination be eaid he did not know-that the instruments were boarding pikes .. Thomas Hallj a police offloer , said he knew that Rf-yneldft had- a shop in Iieeds-Btreet for tbe sale of pikes , knives-,, and other weapons On tbe 16 th of
May he was direeted by Cuddy to oome into the shop , where he saw-outUsBes , guns ,. and pike ? ,. some of the pikes having handlea-from eight to ten feat io length , Dr Reynolds was the proprietor of the shop , and employed Cuddy as-safoemaB . Witness met Cuddy on the 11 th of June ,, in Hatton Garden , and he said that Reynolds had gone to Manchester , as he-had two larpe orders for tha Bupply of pikes to secret societies in that town .. Jh cross-examination , by- Mr Pollook , the witness said he did not report the- conversation with Gudd ? to his inspector ; : but ,, aa he was accidentally present at the examination before the magistrates , he mentioned the ciroumstaace . Themas Diokenson deposed , that last summer Reynold * brought a number of guns , pikes , iso ., to a stable in the neighbourhood of Piekup- Street . He seemed to have the control of them , aa he oame backwards and forwards .
Lsvrenca Kshoe , one of the deteotiva police , said , he went with the last witness to- the place in question , when he found thirteen pi&e-hea&k twentythree sward-knives * twenty-two pike-shafts , and a bayonet . Several of the weapons were produced . In cross-examination by Mr Pblbok , the witnen said he had heard these sword-knives were used in the West Undies for the purpose of cutting down the sugar-canes , and that they were sent orerin larga quantities from Liverpool for thai purpose . Edward Heywood , a tool grinder , proved that he had ground pikes and cutlasses for Cuddy , and the latter once said jocularly ,, in reply to a question as to what they were for , 'that they were to kill people with . '
. John Slee deposed , that on the 25 th of July last he saw a boy oarrying a sword in Hurst Street . He followed him to the house of O'Brien , where ho waa refused admission , but ha broke open the door , and found in a garret four pikes , three bayonets , and a knife of ourious formation , with a hol » , in which a shaft was to be introduced , He also found some gunpowder . In cross-examination , the witness said that O'Brien told him the owner of tho room had gofie ou * , and the things found there did not belong to him . Joseph Aden produced a paper of gunpowder , and a box containing seven packages ef ball cartridges , which he found in O'Brien ' s house . There were ateo found 50 O percussion caps , forty or fifty balls , and ten flints .
William Band deposed , that in April Ia 9 t he attended a Repeat club room in Hurst Street . Had tetn O' Briea thera and beard him speak . In one oi bis addresses he said , ' The povernmeut is based on a rotten basis , and we are the boys whe > can bring it to the ground . The ball lies at your feet , and it ia your own fault Jf you don ' t kick it . * There were some oikewiear him , in reference to whioh he remarked , - — * Theae are the instrutnoats whioh frightened th « blood ; Orange tribe in ' 88 . ' One person advocatod the necessity ofpeaoe , bat he was assailed with hissep . At one of the meetings O'Brien held
up a pike , and intimated tb . it' it would give him great pleasure to see Graham ' s arid Russell ' s heads upon buob instruments as those . Ha added— ' This is an Irish pike ; perhapsaomeof you have not seanoae f and parsed one through the room . lie said ' pikes were slap-up government pills , ' and the price ranged from liOi to 2 i 6 J eaoh . He added— 'I appeal to you all . Will you release that murdered man Mitchel ? Purchase things like these , and use them ; then you will fea a ? ain the exile of Erin . ' He wished the people to purchase muskets , saying there were plenty to be has , with bayonets attached , for 12 i 6 deach .
Mr Davidson , a cabinet-maker , said he formerly lived in Peover Street , and his house overlooked that of Murphy . He siw Murphy on the 21 st of July with a pike in his hasd . Joseph Bite 3 , a detective polioe effioer , deposed that on tho 24 th of July last he went on board the Dublin steamer , when he saw M'Manus oome there in the company of Dalamere . He left the boat , and at thetimo they were both standing together . Frederick Slater deposed to letting a home in Paradise Street to Mr Savage , from whom ( when he died ) S my the becama one of the exeontor 3 , and remained in possession till the 28 th of June jast . John Trig ? , a clerk , formerly employed at the Confederation roomB , Dublin , proved that two letters shown to him , one from Boshell and the other from Smythe , were reoeived by the Confederation , This was the whole of the evidenoB for the prosecution .
Mr Sejjar then addressed the jury on behalf of Dalamere . He referred more particularly to the good oharaeter of the prisoner , and thought he was not a pereon likely to sympathise with tbos 6 who advooated the oarrying nut of their objects by other than peaceable and lawful means . Mr Jamss mads an appeal on behalf of bia client , Boshell . He read several extraots from the book of the association whioh had been produced , in order to show that the leading objects whioh the prisoners sought to obtain were legitimate subjeotB for disoussion . He admitted that ibflatamatory language had been used by Dr Reynolds and other persons , but there was no evidence t& show that Boshell : ceunte-H&coed any of his unlawful and dangerous proceedings . Under all the circumstances , and taking into consideration the good charaoter the prisoner had received from his employer , he thought the jury would be justified in his acquittal . Mr Dsaraley addressed the jury for Smvthe ,
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and contended that , ; though strong and t exciting language hadpib ^' OSedj ' . and arms spoken of , there fas no irit 8 iition ., tp raake use of them . He conceived there | m notround for oomingj to the concluelon that i&conspjJMcy existed amengatthe prisoners of the formidable and dangerous character which had been spoken of . ; Mr J- Pollock defended all the other prisoners except O'Brien , and , in a humorous speeobL took a review of the evidence as it affapted his . clients . He contended that though the priioners had been found in the possession of arms , the mere faot of suoh a State of things did not constitute an illegal act . Every Englishman had a right to hare arms if he ohriw , so long as thay were not used for an nnlawful purpose , and there was no evidence to show that a resort to physical force was ever intended , j Everything had been done openly and publioly—there was no reservation—the police anfJthe reporters were admitted , arid if anything illegal had bean going forward it was not likely enoh a course would have been
pnrsntd . A great deal had been said aa to Dr Reynolds , who had fled to Araenoa , » nd whatever the intentions of that person might be , there is no reason why others should be visited with punishment on account ef his intemperate language . * The learned Attorney General had alluded to Dr Reynolds as having exhibited cowardice , in the hoar of danger ; it might , however , be the ease , that Dr Reynolds conld not stand his learned friend ' s eloquence , throgh he might ba able to oppose himself against a regiment of soldiers ; and in so doing he ( Mr Pollook ) could not but entertain a respect for the good sense be had exhibited in not meeting the fire which would have assailed him had he been present that day . . He ooneluded his address by calling on the jury to acquit his clients , \ rho had sot committed any not that was opposed to the laws of their country .
Mr H . T . Atkinson followed as council for O'Brien , and called for bis acquittal on the ground that there was no evidence showing he was a party to any conspiracy suoh as that charged against tha prisoners . Some applause followed the delivery of the addresses for tbe defence , which was speedily suppressed by his Lordship , who intimated that there should be no such exhibitions in a court of justice . Witnesses were called to the good characters of Delamere , Smythe , and O'Brien . The Attorney General then replied on the whole caeo and said , that if the classic coldness of former days , . which bialiarned friend ( Mr Atkinson ) had lamented had not accompanied the proceedinRS against tbe defendants , had accompanied it , his ( Mr Atkinson s ) client weuldhave found himteUia a very different position ; for instead of being placed in that dock as a defendant on a charge of misdemeanour .
the cIsbsio comees * of former days would have placed him on his trial for high treason . Anybody had a right to advocate Chartism or Repeal ; but it was a strange time to advocate tbe Repeal of the Union when England , having sufficient burdens of her own , h » d generously relieved the Bitter country by taaiaji upon herself * burden of * 12 , 000 , OW of money . Were the defendants poor ?—No . Smythe , O'Doaaell , Dalamerp , « n $ Btabell were in good erroumstsnees . Not Buttering themselveB , they assembled together those who froze smarting under real grievances , and became leaders for the sake of popularity . It was denied by the counsel for any oi the defendants that a dangerous conspiracy existed . Meagber came from Ireland m 1 &E 7 ; and in 184 & , when ther French Revelution . broke out , clubs were formed , sad meetings held frosi time to time , and the minute boo !* in evidence proved the meetings . . In February these meetings took a different oha > iracter—the- Chartist j and Confederates blended
j together in order toexoite terror and alarm in the government ,, so that they migh * obtain , by force , what they isould not obtain by argument . They little knew the mattk of the meai who-formed the government . Liverpool was divided * into distriots ; elate were formed ,, called the Emtnetfr , Mitohel , Felon , and SareiJeld ohibs ; Doctor Reynolds abandoned his profession of a surgeon , and entered into : wh& 6 he palled the 'ironmongery ba « in 6 t 3 > for the sale of pikes , nauiHets , and cutlasses , and tbe defendant ? Somers proclaimed at a meetlrrg , of 35 , 000 meu ; that if thoiamen Bsffered who were in'Dublin , tie ' -i / ing throes of 'tbe- martyrs wouli'bo consoled by- Beting the skieyof ! he » ven reddened by-the blaze of the Babylons of Borland . ' The learaei'Attorney General then went through the evidenos , spp ^ ing it toth » defendantoj as-itaffectfld each . ; After which the Court adjourned nstilithe < sext morninrjt
THE AUBtSEB-fAT ASOTON . A \ trna bill was found by the grand jury aeaiast Jos . R&dcHffa' for tbe wilful murder ef Jamea Stight . one of the ofScers < > f the Aflhton police force . The offence Tras alleged to have beea coamUted duringrthe recent Ghartist riots ii the town of Asbton . A truo- bill was also found against fire other persons charged- in the indictment along wttk'Sadclrffe , for aiding , and sbettinj ; . The Attorney General made an applicatice-tohave the cose feed , when his- liords&ip consented'to take it on Thursday morning .. The Attorney General iatimated that' at present it was his intenticn to proceed : against Radcliffev Constantine , and Tttuiker only forthe murder , and- natil the issue of that trial he would not be prepared < to say what oourse-he-would
pursue wita regard to the other prisoners . Mr- Po'loek , who had' bean engaged to defend the prisoner-Radclifib , suba&qnently applied for a postponenent of tae trial , as he believed SergMnt Wilkina wao retained forxome of the other prisoner . His Lordship Baid , that as an arrangement- had beenmade with the Attorney General he was in a poaUion . of some difficulty . If he agreed with it he might retard the business-of the assizes ,, whereas , if he-objected , he might vary likely be held < apas tha-bjurd-hearted judge ,. a * he had been in the London newspapers during the last few days , beoinse he would not depart from * the ordinary course , by * allowingthepriBoneron hia trial the use of » table and chair . He osuld not , however , grant the- application ; . The case rauat some on in the orde ? - affixed .
Wsdnssdat . This morning , at nine o ' clock , his lordship proceeded te sum up to the jury . ESis lordship said , that there were eleven counts in the indictment , the general effect of which-was , that the priioners had conspired together to preTeot the execution of the law ia Ireland , and to assist asd aid tumult and insurrection thera , and to procure arms to send there for that purpose ; and also- thai they conspired te raise tumalta and breaches of the peace to prevent the execution of the laws in England . If a number of persoa&QOBspire together to efBeot an act oriminal in itself , that is no doubt an illegal aot . Whether the defendants'intentions were-to procure a repeal of tho IMoq and for the Charter ,, or whether
their intentions , were against repeal and against the Charter , was perfectly immaterial . The charge was conspiracy , and evidence is not very often to ba procured of the-parties being heard oj seen to cosspire , but ii they are shown to have pursued a line of oonduot which , in the estimation of the jury , leads them ( the jury ) to the conclusion that the parties indicted endeavoured to bring about a com . moB purpose , that was Buffioient evidence to establish the conspiracy . The main fact 3 ia this case were the speeches roade by the defendants , or others in their company , of an inflammatory naiure to large bodies of people , whioh speeches wer& adopted by them , they at the time they were uttered not savins
anything in opposition . Another branch of the evidence was the minute book of the society to whioh a large majority oi the defendants belonged , BhoVirg the coarse that went on , the organisation ef the society , and the proouratien of arms , As soon , as the jury were satisfied that a conspiracy existed , tbe aot of any one of the conspirators \ raa the act oi a )) , and the speeches that might ba proved against one , would ba evidence against all . Did suoh a oosBpiraoy as described in the indiotment exist ? Hia lordship then went through the whole of the evidence , as it applied to each of the prisoners ; and having done so , left the case to the jury ; his lordship ' s aumming up having occupied two houra and a half .
CONVICTION OF THE PHIS 0 SKR 8 . The jury retired for abeut an hour , when they returned bringing in a verdict of guilty against all the defendants , with the exception of Peter Herbert Delamere , whom they acquitted . j Mr Pollock , on behalf of the defendants , Murphy , : O'Donnell , Hopper , Caddy , and Somers , then moved in arrest of judgment . He contended that the indictment was bad , inasmuch as this being a charge of misdemeanour some of the counts amounted to charges of high treason ; and it tos a rule of l&w that a oharge of felony and a charge whioh only amounted to
a misdemeanour oeuld not be joined together in the same indiotment . The jury were sworn in a different manner in the one case from the other , and besides , in ^ ae aa of treason , the prisoners were entitled to a cofy of the indietment , whioh vtu Bofc the ease in misdemeanour , It was also a misjoinder of offences The eleventh count charged a conspiracy to levy war with arms , & < s . ; and he ( Mr Pollock ) contended that that count amounted to a charge of high treason . Mr Simon , Mr Dearsley , and Mr Aspinall followed the same line of argument for their respective clients .
Mr Justice ErU overruled the objection , and said he was bound to consider whether the counts contained oharges ef misdemeanour . He thought that the indiotment was not vitiated , although overt aets oi high treason were alleged , The oharge of oonaj > iraoy being the essential part in the indictment , he did not think that the rest need be proved .
THE SENTKHCE 1 . His Lordship then proceeded to pass sentence upon the prisoners , ft&d said that they had been oonrioted of a crime oi great magnitude . Counsel had contended that the oharge amounted to one of high treason , but he thought otherwise , although he must say that in the case of seme of the prisoners it amounted very nearly to high treason . They had conspired to put down the power of the law , by whioh means crimes of the very worst description would have become rife , especially as murder and fire had been bo much in the minds of some of them . There was a considerable difference between them , for some had addressed very violent hnguage to large m » bi , and presided at the meetings , whil * others of them had not taken so oonspicuom » part . Upon Matthew
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SomerB , Praniij O'Donnell , Robert Hnnr , " George Smythe-they havingr f ' poken andpB ^ some of the meetings , the senJence wonirtt « they beimpriaoned and k « pt to hard . laC , tha { county gaoler tha ctorat ) * of LandS ' * « w yeaw ; at the end of that time to SaS / f ' , »* o the peace for two yoars longer : ariftata to b » i ! . ee himself in £ 100 , and two sureties of S £ h ^ Martin Boshe ) l ( who hadnever attended £ SJ ? jnd Joseph Cuddy , the sentence wl ? £ t m J 8 ' ) imprisoned , with hard labours in t £ £ J ft . Je dale Krone year , nd enter into their ow »\ **' nisaaoes in * 100 eaoh for one year . Thi t f *' opon Jamet O'Brien was six months'hard BS * the gaolof Kirkdale . . And upon Edward Mnte "
h ? 5 if V "; \ r h 8 " * P «« oned and kZ 7 hardlabour for three months , having baenZ ] Delamere was liberated at once . &pytne said-I am a man in bu . iness . and ! f > , not been much improved in conjeQuenoe of th has Wr J ^^ S ? 5 ieSsffir of tgao 1 ¦»«¦"«¦ & $ .: _ T f Ie "» a ^ wsaing his lordBhiofBaid-T » m „„„ isnaa
« r . not be able to stand six mo » th , of th , ' lori ' faS ?? £ r « e h 8 S ^ delicst «*« 1 Ui . my atKi& i ^^ he confinement he has already suffered at Kirkdale , and his application is , that his Dlaw »«» impriBonment may be changed to Lancaster CaS The prisoners were then removed from the docV MOW ., or IHB AtttOST POMOBMAN . -In thii JS Mr Pollock made a further application tot Si to have the trial postponed for an additional dlvJS the ground that the pnseners were desirous to h ™ the services of Mr Sergeant Wilkin 3 ,: and it would £ impraotioable for that learned gentleman tor brought here before Friday momine .-The Atm ™ -
benerai ( Sir J . Jervis ) acquiesced in the applioatioa but remarked that he hoped that meetings Bimilar to the one held on the previous night , which was aa exceedingly violent one , would not be the result o ! she delay . Suoh matters immediately eame to his knowledge , and he was in duty bound to take coeni . sanceof them . —His Lordship expiesaad a hope that timeout of deors , professing to be frienda of the dh . sonera , would not damage their cause by holding sDch meetings pending the trial . —The trial was then fixed for Friday morning , w
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— s > TO THE MINERS OF NORTHUMBERLAND AND DURHAM . F £ uow-MzN ,-In the late memorable and lengthened struggle , viz , the strike in ISii , I , with many other people , was called upon to assist you and I can only say that I did ao to the utmost of my power , whicfc amounted upon the whole to a considerable sura af money ; the delegates at each meetingguaranteeiag to sefiraepsid when the strike ended . The striks ended different than what was anticipated , and I ata yet unpaid , hence the necessity of the present appeal' for you to take the matter up , and' b 7 your numbers-and small subscri ptions , re-pay aethe amount lent at that time .
Fellow-men , —Having waited untrVShis time with sufull assurance that the organisation- of the miners would' again be effected * , and thereby establish a proper channel for the collection of the debt due to me'&nd'Ofthers , but from'present appearances there isbut slight hope 3 of any effective organisation being brcttghtroend , therefore-Bam constrained to appeal to you t& ta&e 8 uch steps as have been recommended by bhe-various parties to-whom I have applied ( or adviaeandicounsel in tins-matter . A uhort tirae ago I visited'th ; following : eollieries
to ascertain-the opinion of the leading men'on each collierftas follows j viz ., Sejhil / , Old Crsalington Seaton- Dalevsl , West Cramlington , ana Bedlington , The above parties , who were more or less ccn 7 ersant of the aflTairS j . have agreed- that each mart on the several eoHieries contribute sixpence ; and that after the lapse of three months eorae person frci&each colliery aka » l' meet at Newcaetle and ascertain the amount ssbseribed and 9 trike 3 'fair balance , and if a surplus , to detennine the proper application chuck surplus , ami : if a deficiency , , to devise the best method of making up the sane .
Fellow-men , T—The above is s < plain statement of facts , and-the books can be shown far proof of the same , and < tbeyN have been looked over by several parties of the above-named collieries ; therefore-1 feel conscious-tbat you as a body-of men ( for whose advantage the money was lent , ) . will not see- me wrecked upen . the stormy ocean-of truth and justice , when so small aisam as sixpence-per man will amply suffice to reimburse me for all my out-goings and the money expended on your account . Fellow-naea , > -AUhough I hardly expect any
material objections to the payment of so small a sum , for so just a * purpose , yet in so great a multitude we must expect Btrange men ; and asx it will almost be impossible for . me to attend eseb colliery to give an explanation personally , hence 4 ; am bound to rel y upon those friends on each colliery , conversant with the affair , to do me the favour ofsxertiHg themselves on my behalf ,. and to endeavour-to collect from , all disposed to * giveithe specified su . a-. of sixpence each man , and , to . bring or forwarduhe Bame to me , at the sign of the Cock , Head of the Side , Newcastleupon-Tyne * .
In conslusion , I beg to stat 9 > . that as the money was cheerfulljUent I anticipate a-cheerful compliance with the re-payment of the same ; and although the object for which you struggled was not obtainsd , yet had allipsarties who got a . livelihood from your earnings lent as much as I did ; and had as cheerfully assisted : you in your time-of need , perhaps the issue of that struggle would haw been different , . and you might have been sparedithe many sacrifices so nobly made upon the unpopular altar of truth and justice . The book 3 , which any maihmay view , will show an amount lent of upwards- of £ 100 ;* and should this appeai prove effectual and a considerable surplus remain ,, then a proper committee shall be called , who shall dispose of the same to the best cf- their judgment .
It may be proper here to intimate , that some individuals who cheerfully worked night and day to serv-e-jour cause , and who- did all that men sould do to keep alive that spirit : cf union which alone- can bring salvation to the miners , that these men who were engaged by the- delegates , after the strike ended , are minus their wages to a considerable amount ; therefore , the-. more general the subscription , the greater chance there will be to pay these individuals , who are fairly entitled to the same , they being engaged as losal lecturers by the delegate meeting , Yours , < 5 cc , M . JuttE .
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* £ 00 , of tUa anmnt waa borrowed and interest has been paid thereon up to this tine , Kon-sy rcceirod , Siaton Dulevol , £ 1 Si . Sd .. Badiiagtoo &Dd Nazhetton , £ 2 9 i . 64 .
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Baron Aiberson ' s Chargb . —Sir : I trust you will allow me to enter my protest in your columns agairut the charge of Mr Baron Alderson to the grand jury of Cheshire , delivered at the epeoial commission now sitting . As if country gentlemen were not already bigoted and prejudiced enough against Chartitts and Democrats , Mr Baron Alderson treats them to a lecture upen tha present state of Europe , its causes and consequences , and ' holds out' ( in the words of the report ) , ' the present convulsions of foreign stat 03 as a warning to the disaffected . ' Now , Bir , what business has a judge with the evsnts passing in foreign countries ? What business has he to warn the disaffected ? If he talks in this way with reference to the cases coming before the grand jury , he
prejudges them . It without reference to them , ho merely waBteB time . Let a judge merely mind his own business , whioh is to expound the law as it is , and leave political lectures to those whose proper business it is to oritidae or to defend the law , as their convictions may lead them . I have heard in my time a fair quantity of judicial balderdash inflioted upsa grand and petty juries . I dare say you , in your veoation , have heard still more ; and I am sure you will agree with me , that it is a growing and orjing nuisance . —I sm . Sir , your very obedient servant , Pubuooia . —P . S . I hope you will duly animadvert upon the refusal of the same judge to allow the unfortunate prisoner a table upon which to take notei . The judge no doubt considered himself bound by precedent , but euoh orael relics of the old barbarity to « wards prisoners ougU to be dene away with . —Cow * spondent of Daily taper .
Dsath of a Notid Chaiuctkr . —On Wednesday an inquest was held on the body of Thomas Jones , aged forty-nine years , who had been for several yesrs past known by the cognomen of' Tha Ship-maker oE Tower Hill . The deceased was a negro , and , about fourteen years since , both his legs were amputate * in the London Hospital . He obtained his livelihood by catting Bhips and full-rigged schooners out ot pieces of wood , and he was always to be seen Bitting upon the stones on Tower Hill , from morning tin night , employed » t that work . A number of imsu yeiseU were always exposed for sale , and the unaii sum he obtained for suon entirely supported him » nA his negro wife . He died on Friday last , at ju t lodgings in Blue Anchor Yard , without having been seenlby a medical gentleman , and his desta is supposed to have been caused by an attack at the Asiatic , cholera , Ytnliot , Natural death *
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2 * THE NORTHERN STAR ^ December l 6 t i ^ " . " Till | I -- ¦ M T .. IB—¦ I * ¦!¦¦ > ——i ^«—«——I" —« W—¦ . ! __ flTBI 2 . W^— ^^ U . ' * ¦¦ ¦
-?• • • Twbhty-Fiith Edition. Hustraied By Twenty-Six An&Lomical Engravings On Steel.
- ?• • TWBHTY-FIiTH EDITION . Hustraied by twenty-six An&lomical Engravings on Steel .
Liverpool Assize Intelligence.
LIVERPOOL ASSIZE INTELLIGENCE .
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Citation
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Northern Star (1837-1852), Dec. 16, 1848, page 2, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct1501/page/2/
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