On this page
-
Text (1)
-
Untitled Article
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.
-
-
Transcript
-
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.
Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.
Untitled Article
MR . PUSCOMBE'S MOTION . ( Continued from our Sixth Tage . ) jjjem all to Ibe Loushborongh police station for safety 33 a in the middle of the zagnt railed them out Of bed , gnd took them before Edward Dairson , Esq ., who Was ^ siting si the Governor ' s house . He asked th * superin tendent if b . esaw them begging ? He said , ' 2 fo , but they < tbe prisoners ) had said they -were begging . ' His yeoiship said , * That would do / and asked their namestfjsen J . i » ee told him Ms name , the worthy Magistrate ' s reply "was , * Oh , I shall ibho" yon lor three jjjpbSjs to bar § labour , and I am very sorry I cannot jgnd l m * or iw'Ser - * ' And is your name Green ? " to snotber . The answer being « Teg . ' * Then yon may ? a * Without » ay reason whatever ' being expressed ,
ike others -were sent for one month each ; and -when ikey arrived at Leicester prisen , tbe Governor que » - Hosed them . He told them 'It traa a Tery mean tsse , for I believe you are innocent ; ' and the chaplain questioned them Tery closely , and said , I believe yon are innocent , because yon are all in one mind , and one tale ; jjnt Sod iraa visiting them for * ome at their former bub . ' 3 o » , Sir , the facts of the case are these : —There is a iBOBastesy sbont a mile from Sheepshead , -wiiere sonp is pvea wsj everj day to all the poor tfeat go ; and they were in the soap-room , and Father Edwards tali them to trait a minute or twa , and he - "would ¦ feing them something to eat ; and before Ibey had time to bring them any , the police force entered and
fragged ibem »* ray- Before tie police reached this Isaspiisble bnildiiig , they met two men on business , whom they seizsd , and asked the inmates -whether these two men l » d not been th * re begging , and they said , ' So . " * What , not a little water T And the reply was ' again 'Ho , ' but the polica themselvesthen bad the flaTi ^ g impudence to beg some peara ^ which they si-sr . They tiien asked -whether the cottagers haS st-en jnasy persona go up to the aonastery ; and they said , there -were persons continnslly going np , so they could no : tell "who -went- ' All this -was done without the knowledge of the inmates of the monastery ; and Father Edwards says that he will give his oath they never 3 sfeea for anything- ** He iad always raiaerstood that
it was a privilege of the poor to go and obtain soup , or Bthei charitable donations , from an institution like ilia present , without their beinginterfered with . Was Jt not monstrous , then , that men under such circumstances should be committed for three months , or one jaontli attis diecreiian of a magistrate , merely became they were known to be ChartiKs ? Be then same t « a case of a most diE | racefnl character which had oecnrred at Manchester , he meant that of the B « v . J . Scholefield who had been kepi seven days in prison without any charge being made agaiusi him . The iact of the Bev . 2 fc Scholefield bsiug arrested in the manner in which he » as . and tbe treatment which ie was exposed to , reflected the greatest disgrace on the magistrates who
treated a most respectable dissenting minister in this way- T 7 "B gentleman was arrested at six o'clock in the morning , on the 30 ih of Angust , with his son , a lad about sixleen years of age , and he described the treatment winch lie then met witb In a letter -which he tad addressed to him 'Mr . Jhmcombe ) . He said : — "On Priday , the 30 th of September , 1843 , as soon as the servant opened toe gates to my house , a little before eLs . a n _ , three of our police constables , Messrs . Beswick ; Irwin , snd Green , came into my house and seai the servant np stain to say that I ¦ tras -wanted immediately . I Came down , half dressed , tofcaow the pwport of their early visit Mr Benrici said , ' I hive a warrant against yon . ' I said ,
* Tery weD ; 3 will drsss and come down again directly . 1 returned and said , * What is the nature of your ¦ warrant ? ' Be read the substance of it , being for ' riot , conspiracy , it' I said , * Yery well , 3 am your prisooo ? I "Was giving Instructions to any son . a youth in Jjis twentieth year , as to what be must do . Tea / jsjs Mr . Beswici , 'but I have & warrant against him slso , for publishing a seditious placard . ' J asked him if he had any more ? Hesaii , 'No ; but before I go 3 must look over your papers , letters , drawers , &t' I Bid , ' Tery well p and ordered siy daughter to opea say place he Blight wish . He accordingly commenced bis search ( without legal authority , as I have since lsamed > He emptied o * -e drawer of the whole of its
contents ; Tery -diligently examined the surgery ; then , into my prrrate room , where was opened tor him my secretaire , portable writing-desk , drawers , arc . He was TBiy carious in prying into tilings ttiat could not really concern Mm , sneb as my deeds , banHsg book , ic -I Bid to him , ' Sorely there is bo treason there , ' Then , to tha drawers and work-boxes of my daughters , in the Etting room and bed-room , and into all the rooms in the tease . They took a large parcel away with them , and which I have nst as yet got back ; but it is remaifcable Siat not one document was produced , either in Manchesier or Lancaster , against me . We were taken in a coach to the police-office s after a while were seat for by Sir Charles Shaw , chief commissioner of police ,
whose term expired that Tery day , and he told us to go to the Borough Court , and ordered an officer to follow si a respectful distance . There we found many others . We were not there loag before we were Bent from thence to the New Bailey , the County Court , and , until it opened , we were , with about a dozen others , crammed up in a small cell about three yards wide and six or eight yards long , with a disgusting and offensive place at one end sufficient to make a * y one sick . Alxmt one o'clock we appeared In court before Mx . Maude , the sapenaisry mag-lBtrato ; and Mr . Gregory , not having say charge against ua ready for a hearing , we were remanded unto the Tuesday following . I offered bail for myself and son ' s appearance ; but so , my case was so
ynrmn that nothing but my person could be tat en ; as a fsTour my am was oat on bail . I was thus at once cot off from all my professional and important duties , pssnniary transactions , Ac , and my own son could not fee me without a magistrate ' s order . Tuesday came , jsd after the . examinations mj son was to find bail in £ 21 * 0 himself , and two others of £ 100 each , andmyself in . £ sf > D , and two sureties of £ 400 each , with forty-eight boms" notice . My bail-was tendered then , but refused ; il the expiration of f-rfcy-elght boors again offered at Sh ; Borough Court , before Mr . Maude . He was about to receive it , but one of the police officers put him a slip of paper on the bench , and he then said they must make fmrtW inquiry . On Hn * they ( the bail ) went to
in ThnTnitu Potter and told him their ease . He said is TronM take tfee wsrd of any of them Tot £ 1 , 000 . -sad promised to meet them at New Bailey at five o'dstk , and we'll bave him out , yon shall see . " Tbs time came , and it was done . Thus was 3 at liberty spin , after a week's imprisonment ; and since , at Lancaster , a complete acquittal , and my son sot proseentea at ail j The expense , lEconvenience , snd annoyance has been great . " The policeaea fhm toot the papers ~ o ? thiB gentleman sirsy , and had never returned them to the Bev . Mr . Stholefield , although he had repeatedly applied for Ibem , and not one of these documents had been used en tie trial by a « Attorney-General which had been bo
El « SaBy taken from 2 dr . Scholefldd . The result of the trial was , as was to fce expected , that the B 5 V . Mr . Schole&eld \ tai honomally &c ^ uitted > Thns , den , this genUemaa was remanded to the New Bailey pri-» n , from day to day , for the purpose of seeing whether this superintendent tf police ( Beswick ) could not . succeed in getting up some feasible charge before the magistisies . The nexi petition to which he ihould oD the attention &l the house was that of George "White , news-agent , ef Bromsgrov&rBtreet , Birmingham , " * b . o comflained strongly of having been committed to
gaol on the evidence of hired and acknowledged spies . mw , if anything conld be more disgraceful to a Gorenunent , or a magistracy , It wsb the employment of 5 ? fH « r , hear . ) He did not believe that the S 3 M HoaonraVle Bsronet , the Secretary of State for KfaSoms Dsparfmeofc was at all cognfzint of , or a Pny to , the employment of spies on Has occasion , « = msehe did not believe that he could have anything » & > * iai such a proceeding . With respect to what em occurred to-S ^ arge IVijite , against whom there 7 » nothing b « police evidenes adduced , when he was imi was
* s « oe&ire the magistrate , the first witness produced ^^ police Sergeant Daly . On his being ^ T 6133111116 ^ tta » witness said that he was acquainted £ u 3 » . ^ tiwname of Brown and the petitioner , mb icai he was Meastomed to walk abous with them . m , . ^ f ^^ K ) in coloured « lotbes , and tiat he ***>* ttmk ait they knew that hewas in the ¥ ***¦ * e was asked whether he was instructed by » 7 < ae to do ttis , and he replied by Ms superior offi-Z =. ? ™ ^^ further asked whether he had
7 ZZ * ? J Olflen to insinuate himself into the confi-Sm ^ J ? snd * fiber person , his anawer was £ « f * Pted by Mr . Grifith , the magistrate , who said «* me wnness was not bound to answer the Swko ?^*^ 1688 ^ ^^ Trtsh to ask ** dtfa ^ Sv B ^ ocmei ' another of tiie magistrates , a fte ^* « 3 ttght to P nt the qaesSon , but it was 5 i . j ~^*? OD of the witness to answer it or net On ^ 5 * 3 sUoa bdng sgain put , the witness declined nsJTT *^ Gould there be tha lesgt donbt . after Epy ten lraS local
^*^ iae i , pra < . tisedand gancUoned ^ j ^?^^ proceedings by the authorities of ^ j Tt * " ™ 1 George White , in his petition , stated—AonS w J ) eUti 0 B « »*» arrested on tie 26 th day of ^^"' ast , iq > oa a ^ gxgg of sediuoii , and was orougbt jgj ^^ " - Spooner , lieale , Moorsome , and ottier 2 ^^ « wen assembled in the public office at Biro 7 & ^* iraa committed to Warwick county gaol ojw ^^ t ^ b-iredand acknowledged spies , And Ba ajjlf * * ?^ iai character , to teke his trial at m- ^^ : sesnons . That your petitioner thereupon 2 xHtM * u ¥ * n topotin bail , which was agreed to by ta&L ^ kaZr * * * ^ emanaea hx sureties in £ 100 ^ TO ^ Sunself in jesoo , Trtth forty-eight hours l ^ m ^ - " » -7 ow petitioner had good aad suffiident fesjTS *^ * in Court , -who were wefl known to be &Q ^ J ** a&Xatoatea . That Kichaid Spooner , 3 i £ L £ r « her 3 fojestyi « jastices ot the peace , 5 ^ r ** 7 ° « r petitioner in open Coarl , 'That he could Sai ^^^ Peaon bolding similar political princi-1 * & 0 l * J * <* yooi petitionei i as bail on his *»* " » w ? ^ t ^ r , 3 aneombe ) should like to te j » n 8 m a , person in tie aitoation of the
3 a /^ r ' -entertaining Qie opinions which he w _ *** likdy to get eiaex a Tory , or a Wr , - a member of tte Anti-Com law W ? w 1 ?™ ft » ward aad offer bail for the petila wW ^* did « o happen that Mr . < 3 eorga White w xZ ^ &o&vae , who were not men "who tntertained j ^ ° 8 Political-opinions . On Ms offering these Jja&T-fJl »* stold that ho must giveaotace of bail , ^^ ° Pebt umer eottplained strongly of t&fl treatoent 1 ^ 5 ^ experienced in gaol , which is * tateS was [ l * * -w ¦ commoB felon , and he ( Mr Danwmbe )
Untitled Article
had no doubt that if the House would give him a committee , that he should be fully able to prove this . All kinds of intimidation was practised by the police towards those who signified their willingness to become ball for the petitioner . In one instance one : of the authorities of the town went to a most respectable man , who happened to be a licensed Tictualler . Hmd who had offered to become bail for the petitioner , and said to him , " Your licence will be in danger on the next licensing day if you become bail for George White . "' In consequence of these proceedings , notwithstanding gooi bail was eSired for the liberation of the petitioner , he " was confined in solitude and cold for the space of eleven weeks , during which time your petitioner ' s wife gave birth to a child , and was thereby
incapacitated from attending to your petitioner's business , thereby subjecting him to serious loss , independent of . the agony of mind which he had to endure . " The whole ef his papers , the petitioner stated , were taken from him , and when , on hia bail being at length perfected , he applied for his letters and papers to be given to him , in order to that he might prepare his defenee , they , as well as his other property that had been taken , were detained by order of the Rev . J . Boudier , one of the visiting magistrates of Warwick Coraty Gaol . He ( Mr . Dnncombe ) was utterly at a loss to understand by what authority this reverened magistrate had kept back from the unfortunate prisoner the letters and papers which were necessary for Mm in the preparation of hia coming defence—I bear ,
hear , hear ) . Mr . White went on to state—•* Your petitioner b&s since applied to the magistrates of Birmingham to have his property restored . They expressed a wish that it should be delivered up , and wrote to the -visiting magistrates of Warwick to that effect That your petitioner was referred to Sir James Graham , and wr »; e to him on tho subject , requesting that his property might be restored , or a sufficient reason given for its detention ^ and that her Majesty ' B Secretary for the Home Department refused to give it up , or state the grounds on which he withheld it" Now Mr . White was a working man with a family depending npon his exertions , yet in this manner had he , for a period of many weeks—months , indeed—been prevented from attending to that business by which he had
maintained himself and those who were so dear to him—( hear , hear , hear ) . Then there was the case of Mr . Robert Brook , schoolmaster , which bad also been printed with the votes that morning . Tola petitioner complained " Thai your petitioner was arresttd at hia own house , Back Brook-street , Todmorden , on the 5-. h of September last , upon a charge of sedition , conspiracy , and riot , && , and was brought before John Crossley , E * q ., » f Seaitdiffe , Todmorden , and James Taylor , E » q , Todmorden Hall , when your petitioner was grossly insulted by the said Jobs Cross ] py , Esq ., and amongst the langnage uBed was the followiD ? : —* I have got you at last , and I am glad » f it , and 3 will ta'k ' e care to punish you ; you have given me a deal of trouble with writing to that rascally Horlhem Star . '
That your petitioner was required to find bail in the sum of—bimscdf two hundred pounds , and two sureties one hundred pennds each ; and when two persons of good and unblemished character , and both men of property , and both county voters in the West Biding of Yorkshire , presented themselves as bail , the said John Crossley , Esq ., told them , ' he would not take their bail because they were Chartists , and taid he woald not take a Chartist as a bondsman , for he was determined to put own the Chartists in Todmorden , ' and the constable was ordered to take me away , but through the interference of the solicitor sent down to loek into the case , your petitioner was recalled , and the same individuals taken as bondsmen . Your petitioner was again arrested and brought before the Magistrates at
Manchester , whose names your petitioner does not know , and requested to find other bail to the amount of—himself in £ 400 , and two sureties of £ 200 each , but not being able to do so , your petitioner was sent to Kirkdale , along with many more in the same situation . Your petitioner was eventually brought up at Liverpool , before Lord AWnger , to take Mb trial , when the first case was given up , and your petitioner traversed tiie other , and bad to find bail , himself in £ 200 , and two sureties of £ 50 each . Your petitioner complains that he was kept in prison , on account of such excessive bail being required , until the trials came on at Liverpool , when the Judge ( Lord Abinger ) reduced his bail as follows : —from himself . £ 600 and sureties to the amount ef £ 600 . to himself £ 200 and sureties to the
amount of £ 100 . Your petitioner , therofore , prays that your honourable House will be pleased to institute an immediate inquiry into your petitioner's case . " And well he might pray for an inquiry into the ease . It was perfectly clear to him ( Mr . Dancombej , that there had been s regular conspiracy on the part of the magistrates throughout this pkrt of the country on this occasion—( hear , hear ) . He was borne out in this assertion by the disgraceful conduct of two magistrates of Staffordshire , in the case of Arthur George O'NeiL whose proffered bail were refused by these two gentlemen tor precisely the same reasons . When Mr . O * 2 f eil was brought before these magistrates , two good aad sufficient baa presented themselves—men perfectly solvent , and in respectable circumstances ,
town-councillers « f Birmingham , for which office they must possess a qualification of £ 1 , 000 over and above what would pay their debta . On these gentlemen presenting themse ' . ves , tie magistrates , Mr . Badger and the Bav . Mt Cartwrjgbt ; asked one of them whether he Had not taken the chair at a Chartist meeting Borne six months before ; and the other asked , whether he had not signed ( he requisition calling that meeting . On their answering in the affirmative , the magistrates said at once they froitfd not accept tha baQ of persons holding such opinions , snd Mr . ON eil WSB accordingly committed to prison , where he remained a considerable time . Mr . O'NeiTa cose was taken np by a benevolent individual , and a . criminal information was filed against Messrs . Badger and Cartwright , who , he ( Mr .
Duncombe ) believed , were defended on that occasion by the honourable and learned Solicitor-General- And what was the justification they set np ? They admitted the whole facts as stated by Mr . O'Neill and they justified on the ground that the sureties preferred were Chartists . One other very extraordinary reason which was given was a conversation which was stated to have taken place between Mr . O'Neill and one of the constables who took him to prison , or rather a conveT * Ration between the constable and a person of the name of Lancefieid , who addressed him while Mr . O'Neill was with him ; for all that it would seem Mr . O'Neill did was , " while eating a pork pie , " as the opponent stated ( a laugh ) , to cry , "hear , hear i" to some remark one of the other parties made witbreferenoe to the Coartists
giving the magistrates a good deal of trouble . If Hon . Members of that House , whose custom it was to cry *• hear , hear , " to sentiments cnpleasing to the ears of Tory magistrates , were to find themselves brought up before Messrs . Cartwright and Badger , and have their proffered bail refused , because they and their bail differed with the worthy justices in political opinions , they wonld find how Very inconvenient sncha principle of administering the law was , though thei * case wonld be far lighter than that of men not so well able to help themselves , as was the case with the various petitioners to the House on thiB occasion —{ hear , and laughter . ) What a justification was this of Messrs . Cartwright and Badger I ( Hear , hear . ) Had he not seen the fact sworn to , and well atUsted in the proceedings of a court of
justice , he could not have believed such a statement in reference to gentlemen , named as , and calling themselves , administrators of the laws—( hear , hear , hear , ) Another justification put forward by these individuals was , that the Ijord Lieutenant , and the Magistrates generally of Staffordshire and Worcestershire , when these disturbances is Staffordshire began , met together and agreed that any persons holding a particular description of political opinions , should not be received as bail in any case which might be brought before themthearj tear . ) Now , here was a direct conspiracy on the part of the Lord lieutenant and Magistrates generally of these counties to infringe , to -violate , that which had always been held to be the clear liberty , to be one of the most sacred rights of the subject , that of
giving bail—( hear , hear ) . And what was the opinion , npon this matter , of Lord Denman ? What was tte judgment of the Court on that occasion ? Lord Danman said , •¦ The law is dear , and is as old as the statute of Westminster , 13 Edw . 1 , 0 . 15 . Lord Coke in his commentary upon that statute ( 2 Just 191 ) saya , that to deny a man plevin , who is pleviEable , and thereby to detain him in prison , is a great offence and grievously to be punished —( bear , hesr ) j and Lord Hale ( c . 17 ) adopts the same remark ; and Hawkins ( Book 2 , C 15 ) speaks of a refusal of bail , as an indictable offence . Blackstone , referring to the ancient statute , { Book 4 " , c- 22 ) the Habeas Corpus , and the Bill of Bights , calls it an offence against the liberty of the subject "—( hear , hear . > Lord Ddnman further on told the magistrates of Staffordshire : " Almost the first page of their most
ordicary text bosks , would have convinced lhe » e gentlemen ttt « their refusal on such a ground to receive the bail offered , was not a legitimate exercise of their office , 01 a proper performance of their duty as magistrates , but quite the contrary "—( hear ) . Thi * was the opinion of . the Lord Chief Justice of England witb reference to the lord-lieutenant and magistrates of Staffordshire . They pleaded ignorance of the laws , forsooth , as an excuse ; bow would such a plea be received from a poor working man , who might far more justifiably offer it ? ( Hear , hear . ) What effect would his Baying be did not know that what he had done was contrary to law have upon the magistrates ? Why , none- at all ; they would read him an additional lecture , and send him te prison for several months , there to work hard , and turn the fcread-mllL ( Hear , heat ) It was a very different thing witb lord-lieutenants ud magUtratea of counties : let them behave ever to grossly , let them
violate the liberty of the subject in however flagrant a manner , ani not the "lightest notice wu taken of them . At all eveatt , he Had not yet heard , though be abould be most delighted to hear it , ttothwMajeityliad / been advised to strike these magistrates from the commission of the peace . ( Hear , beat . ) He trusted , however , that the Government would not fail to take into their consideration wbethet such persons ought any longer to be enbnsted with the admini » t » tion of the l » w » of tiiis country . iHeai , hear . ) When he raw the lordlieutenant and magistrates-doing thia sort of thing in Staffordshire , it was not to be wondered » t that the same conduct should be observed in . other cases which bad been brought before tie Bous 9 , inch as those of White , Brook , and the rest . There were other petitions from . Messrs . Robinson , Artbnr , snd AHanson . He wonid not detain the House by going through the whole of these petitions , They complained of a very great ariev . inee , asd . he ( Mr , Pancombe ) w « / sure ftat
Untitled Article
if honourable gentlemen would carefully read these various petitions , and inquire into the subject , they would be satisfied that there was ample ground for these complaints , and that it was essential an inquiry should be made into the conduct of the magistrates ; and that it was fall time to provide some security that su « h outrages upon the liberty of the subject should not again occur—( hear , hear . ) There was another case to which he would now call the attention of the House , and thiB was & petition presented some time ago , in reference to certain proceedings at Nottingham , and in the house of correction at Southwell ; and certainly he could not compliment the Heuourable and Gallant Gentleman opposite , tbe member for South Nottinghamshire , for ! the viewa of justice upon which
he had conducted the administration of the law on that occasion , on tbe bench of the Quarter Sessions at Nottingham . What did Jonathan Brown , Harney . and the eight other petitioners complain of f It would appear that that district , at the time of the general excitement , partook of the prevalent agitation ; but there was this marked difference in respect to what took place at Nottingham and its neighbourhood , tbat there was not one single act of violence committed , not a Bingle stick or atone flourished or used , not a single pane of glass broken . On one occasion , however , some persona did collect at a place in the neighbourhood of Nottingham , at the distance of two miles from that town , to the nnmber of between 400 and 500 ; they assembled in consequence of a notice which had been
publicly issued , that on that day several cart-loads of previsions , which had been subscribed for among curtain benevolent persons , would there be distributed to the poor . One or two parties had visited the same . place two days before , and no damage whatever had been done ; but , on the occasion of these poor persons going to the place to receive the promised provisions , of which they stood so greatly in need , they were surrounded by a body of police , and the whole 400 or 500 persons , without any rhyme or reasou assigned , were marched off to the House of Correction , at Southwell , no Riot Act having been read , no act of violence whatever even attempted —( hear , hear . ) When they were lodged in prison , before they were brought np for examination , they were visited by a sergeant of the 45 th
regiment , and by an officer of the ftOtU R fl « a , by whom they were asked if they would notenlUt ; tbe officer saying , — " 11 you do , you will get plenty of meat and drink , and get out of your troubles ; if you do not , yon have got into a terrible scrape , and you will smart for it . " This was the first time that he ( Mr . Buncombe ) had heard of a House of Correction being turned into a crimping house for her Majesty ' s service—( hear , hear ) . The men , however , one and all refused , saying they had be « n doing nothing wrong . Some of the magistrates and police were present at the time . Having thia immense number of men in the House of Correction , the ofiieers there were puzzled to know what to do with them . They were accordingly desired to class themselves out , according to their townships .
They were then called over , one after another , and as the policemen said , « ' No , " or « Yes , " to A or B and bo on , A or B was aent away or kept , and of the 600 who bad been arrested ,-but twenty-nine were detained . When these twenty-nine were taken before the ruagiatratea , the Hon . and Gallant Gentleman opposite , when they were committed , told them in so many words that the Magistrates were determined to make severe examples of some of them . The petitioners , in consequence o ! thia observation , and of the undue prejudices which they not unnaturally considered they should have to contend against , when they found the Magistrate who committed them , telling them beforehand that he would make severe examples of some of them —( hear , hear , ) applied to the Secretary of State for the Home
Department that they might be tried before an impartial jury at the Assizes , and not at the Quarter Sessions ; but the Bight Hon . Baronet aent no answer to this application . Tbe consequence was , that these twenty-nine persons were brought before tbe Quarter Sessiona in October . They Were prosecuted on three indictments ; the trials lasted for three aaya ; but althongh there was evidence that there wete twenty jurymen waiting in Conrt , after the first four prisoners had been convicted , and although the remaining prisoners asked that fresh jurora should try them , thia was refused them , and they were tried , the whole twenty-nine of them , upon all the three indictments , by the same jury ; tbe result was , that they were all sentenced , some to six month ' s imprisonment , some to shorter periods of cmfinement , when they
were once more lodged in prison , in order to undergo their sentence ! . The Hon . and Gallant uentleman visited their , and sa'd . ' Now , if you will expresa your contrition for the offences which yon have committed , I will interest myself with tne Secretary of State for the Home Department to obtain yeur pari # n ; ' but they all declined tbe offer , saying , ' No , we have done nothing wrong , and we shall not , therefore , do what you propose ; but we shall take a different coutsa as to the matter , at a future time . ' That course they had taken was to bring the matter before the House of Commons . Now all thia might be justices ' justice ; but he very much doubted whether , if these men had been tried before a Judge of Asaijsa , they would have been found guilty npon such evidence
as was brought against them . ( Hear , hear . ) At all events , there was tbe evidence of the first day , which no judge wonld have allowed to be used against them on the third day on a separate indictment , as had been done at the quarter sessiona—( hear , hear ) . He had now done with the law portion of the case ; and he would beg next to call the attention of the House to the gross outrages which had been committed on both the lives and liberties of the people at Halifax , Preston , and Blackburn—( bear , bear ) . At Halifax a very strong and general feeling prevailed that the military had been called upon to act without the slightest * necessity—( hear , hear ) . Parties wert ready to come forward and prove that the military , before they were called ont at Halifax , in August last ,
were made drank , sad that whilst thn « intoxicated , were ordered by the magistrates to clear the streets—( hear , hear ) . Indeed , both there and at Blackburn the authorities , apprehending that the military might feel some compunction as to acting against their starving countrymen , pursued the course of previously exciting the soldiers by drink . Befoie they started , the military , it appeared , were collected together at tbe Northgate Hotel , at Halifax , and there had money given them by gentlemen of the town to spend in intoxicating liquors , and make them , as it was said , " up to tbe mark "—ibear , hear ) . Under the influence of tbe military all sorts of illegal arrests were made ; and many of the persons so arrested remained in prison for several days , and were then dismissed , without being taken
before the magistrates , or having had from that time to this the remotest idea of tbe grounds on which they were arrested —( Heat , hear , hear ) . Preston was the only place at which there had actually been loss of life ; and there , too , it would be found on enquiry , that it was the general opinion of the inhabitants that the interference of the military was totally uncalled for and unnecessary . Of course the military were not to blame ,: for they acted entirely under the authority of the magistrates . At tbe time tbe solders fired , the people were certainly much exasperated at the conduct of the police ; but the few stones that had been thrown were thrown principally by boys , and it was altogether to the astonishment of all well-disposed persons whe were standing in the street when
they aaw the soldiers fire in sections upon the people . The consequence was , that a number of persons were wounded , four of whom had died ; and he certainly thought the Government ought to satisfy themselves as to bow far thiB loss of life was necessitated by the urgency of the case , or otherwise . —( bear , bear . ) In a letter which had been sent him on the subject , the writer distinctly stated , that at the time the magistrates sent for the intoxicated soldiers , horse and foot , to clear the streets , and spare neither man , woman , nor child , there was not the slightest breach of the peace apprehended by any one but the authorities ; and the writer went on to remark : " If auch proceedings as these are not calculated to goad on a peaceable people to acts of violence , I do not know what is . To see
the soldiers catting and bayonetting , in all directions , at peaceable and inoffensive people . Persons passing along tbe streets , no matter what business they were npon , were driven before the soldiers at the point df tbe bayonet or sabre , from one street , to another , till opportunity of escapa offered ; aceres were cut with swords , and pricked with bayonets , and some of them very severely . " —( hear , hear . ) After the Manchester massacre , when inquiry was asked for repeatedly , but refused , the Bight Hon . Secretary opposite declared that thelosa of life which had taken place was utterly unauthorized by the circumstances of the occasion ; and most assuredly the circumstances of tho case at Halifax much less authorized the employment of the military ; the entire mob at Halifax did nor consist of more than
400 or 500 persons , sod these were chiefly boys and women . At Blackbora there was even less reason , if possible , for the soldiers acting , and the conduct of the magistrates there , and the conduct of the respectable and sober-minded inhabitants , had been moat discreditable— most unjustifiable . On 15 th August an attack having been made on Eccles " s mill , the populace were fired at by persons ia the mill , who were subsequently taken from tbe mill , and conveyed away in a carriage , escorted by the police and soldiery . The populace followed , assailing—not the police or the military , or the authorities—but the persons in the eeach , who bad fired at them , with shouts of execration . The . magistrates , however , told the crowd that if they did not desist from shouting , they would be fired upoD . Upon tola a few stones were thrown , not at the magistrates , or police , or soldiers , but at the coach , and the soldiers forthwith fired , He did not blame the soldiers here either , for they were bound to
obey the magutrates order ; but certainly the magistrates were not justified tn ordering the military to fire merely because a few stones had been thrown ; and , at all eventa , it would have been far more humane , when the people ware pressing so near , to have threatened them only with tha bayonet . It further appeared that the soldiers here , too , had been treated with ale and other Intoxicating liquors , at a time when more especially they should have been kept cool and nnexcited . it was also Btated that the magistrates had paraded about the streets , armed with pistols and cutlasses , flourishing up and down , at the head of the soldiery ; a course peculiarly calculated to create discontent and dissatisfaction among the working classes —( hear , hear . ) Then there was the case of Samuel Crowther , at Halifax , which he considered a most outrageous affair . The case waa thus stated to him in tbe letter of a correspondent : — " In going ( on their return to tbe barracks ) by tbe Snutbv-sU&e , the boI-
Untitled Article
diera pawed through a narrow causeway , which leads to the barracks , Samuel Growfcher , a nail-maker by trade , who resides In King-street , when the soldierB bad passed , went to look for one of hia children that waa ont of'the house—he was within a few yards of hia howe when he was shot . ' Feather , the constable , was with the soldiers or standing by at the time he fired ; there Were not half-a-dozen persons in the street at tbe time . Crowther was in the army ten years prior to 1816 , belonged , to the Artillery , was at the battle of Waterloo and many other engagements prior to that , was then discharged with 5 d . per pay pension , in addition to which he could work at his trade before the misfortune happened , but has never been able to work Bince ; he had 2 s . week
per from the parish for six weeka , they would then relieve him no longer ; he is now obliged to live on his pension , or oeajjurfchen upon Bome one else ; he la flfty-four years of age ; he is a married man , and has a wife and small family . " ( Hear , hear . ) The above ia Btrictly correct ; I have it from Crowther himself , he says he thinks he ahall never be able to work any more . ( Hear , hear . ) Now It Was to be observed that in the particular part of the town where this poor old man lived , there had not been the slightest disturbance , and therefore the act in question appeared to be an instance of mere wanton outrage . Mr . Bingley , the reporter for the Leeds Times , and Mr . Hall , of the Leeds Mercury , were eyewitnesses of the circumstances , being within two " yards of the victim at the time of the occurrence , and
were prepared to prove the facts as they appeared Id tha newapapets at the time . That account in the Leeds Times ran thus ;— " The a . flair took place in Ktng-Btreet , which Is in tha vicinity of the barracks and police-office . A small number of the Hussars , who had been clearing the streets , turned up tbe bottom of Kingstreet , and , after proceeding a few yards , were filing into a street called Nelson-street , which runs out of It At the time that Messrs . Bingiey and Hall , were approaching the top of King-street , an old man , named Samuel Crowther , a nailmaker , was coming towards them , apparently to go to hiB own residence , which waa only two or three yards distant At this period there was not the slightest disturbance in the streets , and , ihdeea , there were not , it is believed .
twenty persons in the space betwixt the top ot the Btreet and the soldiery towards tbe bottom , a distance of probably near one hundred yards . All tbe soldiery had disappeared along Nelson-street , except one man who paused and looked in the direction of the persons above-mentioned , and then levelled his musket , and appeared to take a deliberate aim at them . Not the slightest alarm was felt by either Mr . Bingiey or Mr . Hall , who , seeing no cause for violence , apprehended none , and regarded the action of the soldier simply us a piece of bravado , and looked at him with perfect unconcern . The Boldier , however , fired , and immediately the , old man staggered and reeled ia the direction of his own door , but made no outcry . Mr . Bingiey exclaimed— ' The man
is Shot ! ' or some such expression , but Mr . Hall , who had previously seen him in a fit , replied that he was only in a fit In a few moments , however , a number of women rushed out of the house , exclaiming that the man had been shot , and on entering the bouse , which was crowded with women uttering loud screams , the old man . was found lying on bis back OD a bed Dp stairs , with a wound in his abdomen , his shirt waa saturated with blood , and he was writhing with agony . Messrs . Bingiey and Hall immediately went to procure the attendance of a surgeon . On calling afterwards , it was understood that there was but little chance of recovery . At the time the shot was fired , Mr . Bingiey and Mr . Hali were only about a yard from the man who received it A more deliberate piece of butchery
was never witnessed . ' The poor man was carried to the infirmary where he remained for eighteen weeks . He was now incapable of work , yet from the time of the outrage up to the present moment not the slightest inquiry had been made into the the matter . No committee of the town ' s-people had investigated the matter . No witnesses had been examined ; nor was any thing done to elucidate the transaction . Some London newspapers referred the matter to L « eda , which might be one reason why no inquiry took place ; but there could be no doubt or mistake about it ; for what said the Bradford Observer ? That paper said : — " Murder , or What?—On Tuesday afternoon , whilst Mi . Samuel Crowther , a respectable nail-maker , and aged pensioner , was standing at his
own house door , in King-street , watching the Landers pass by , one of the advanced guard having passed him forty yards , at the corner of Nelson-street , turned round , and shot the brave diaoiple of Wellington through tbe body . " He took that from the Bradford paper . There was no doubt , then , that it was true—no doubt ; the House could not doubt that the man had been wantonly shot—that he bad been aerlonaly wounded—that he was even now in a sinking state—that it was impossible that he should ever resume work . It cwald not be supposed that these facts , and such facts as these , did not make a profound impression on the minds of the working classes . It could not be supposed that they did not excite heart-burnings and discontents , and give rise to an opinion that no justice
could be obtained for the working classes . They felt these things keenly , and they wonld continue to feel them . What muat be their feelings , be put it to the House , with regard to Crowther ? Let them test the feelings of the working classes by their own . What happened in this town only a short time ago , when an amiable and confiding gentleman was shot in the streets , the victim of assassination 1 The Whole town was thrown Into confusion , and the people called aloud for tbe blood of the maniac . —He was confident that more doubts Btill would be thrown by the public on tha administration of justice , that the working classes would feel still more mistrust ; if the events of Halifax which he had brought before the House were not strictly investigated , and were sot tbe whole
transaction rigidly inquired into . The House would neglect its doty if it did not bring tho offenders in this case ( 0 justice . He hoped that the House would concede the inquiry demanded , and so lessen tho strong feeling which now prevailed amongst the working classes that no justice could ever be obtained fyj working- men . They » aid that there was one law for tbe rich and another for tbe poor , and if the Honse wished to disabuse their minds of this impression it would grant the committee he asked for . The petitions he had presented were not , indeed , public petitionsthey were the petitions of individuals ; but they were members , and not unimportant ones , of the bedy politic . They had a claim to consideration if wronged —they bad a right to demand redress when aggrieved ; and these individuals looked with anxiety to the decision of the House on this night ; and on this occasion he would go further and Bay that , amidst all the
hardship and privations to which , unfortunately , the working classes had been subjected during the last six months , they had ' . looked forward with hope—indeed , he migat say that it was their only h « pe—that they should obtain justice from the legislature—that a day of retribution wonld come , that inquiries would be made into their grievances , and that their wrongs would be considered and redressed . He would say , in conclusion , that he believed he had made out his case ; and if tbe House believed be had , it was tbe duty of Members , as honest men and as wise legislators , not to withhold the investigation demanded . He thanked the House for its indulgence ; he thanked the Right Hon . Baronet ( Sir" James Graham ) and the Hon . and Learned Attorney- General for the attention they had paid to his statement . It had been necessarily long ; it had been , he was afraid , wearying and painful ; and , with these acknowledgments , he would conclude by makinz bis motion .
General Johnson seconded the motion . The Hon . Member complained of the excessive bail which was demanded in these cases , particularly at Dudley ; and the excess was proved by the circumstances that the Lord Chief Baron had reduced the bail to onetbird . In his opinion the demand for excessive bail was contrary to $ 11 justice . Was that the way , he would ask , to pat down Chartism ? Ho remembered that a late Attorney-General , now a Noble Lord , after a petition bad been presented to this House , signed by 1 , 500 , 000 persons , by Mr , Atiwood , had boasted , in a speech at Edinburgh , that he had put down Chartism . But was that done by making the masses discontented ? He believed that the only way to put down Chartism waa to give the people their rights , and do them justice ; and that there
was no other way to put it down . Ho thought it was impossible for tho House to refuse the inquiry . There was no other alternative , except the Ministers dt the Crown chose to dismiss all the magistrates . Either they must grant the inquiry , or they mu 9 t dismiss all the magistrates involved in the transactions . It was most unjust and improper ia them to refuse bail to men on account of their political opinions , ot to make them find excessive bail . Yet this was what the magistrates had done . From working men they had demanded so large a sum as ^ 600 , and to produce six sureties . If they were not dismissed there must be an inquiry , and he had great pleasure in seconding the motion of his honour * able friend . The motion was then put from the chair .
Tne Attornet-GenebaI would state to the House why it must not grant tha Honourable Gentleman ' s motion for a committee , why it never granted such committees , and he would state reasons why the House should not TOte with the Honourable Member . The House bad no means of giving any redress wh&taver . The Honourable and Gallant Gentleman who seconded the motion complained of the excessive heavy bail taken . ; But if excessive bail had been taken—if the partiisa held to bail had suffered any illegal or uneonstirational treatment—their proper means of obtaining redress was to apply to tbe law of the land . They should go before courts where the evidenoo and examination could be taken on oath ;
where the men actused could vindicate their conduct ; where » jury ; if they were criminally iadioteij would find them guilty if they deserved it , and the judge could sentence theia to punishment ; 0 * , if civilly prosecuted , the jury could return a verdict of large damages if they had illegally been exposed to tbe smallest inconvenience . But if they had a committee , that committee ceuld give them no redress ; it could examine no witnesses on oath , and was not competent to correct any errors . When the Hon . Gentleman made his Statement , and said that the case called loudly for inquiry , he should like to ask , as the Hon . Gentleman bad brought many individuals before the House , which of the score of cases did he B ? an ! which of tfco individual caaea did tho Il « u .
Untitled Article
Member select , as worthy . of the consideration of the House 1 If he might judg& of the individual cases , he wonld give his word toithe Houre that there was not the slightest pretence to justify an inquiry . There were none of the individuals brought before the House by the Hon . Gentleman whose case would justify the statement that had been made . He should compare the observations he should submit to the consideration of the House with the authentic information in his possession , and he believed that he should satisfy the House that there were no circumstances to justify the motion . He would first say of the motion that it } was somewhat ill-timed . Nor did he think that the persons ia whr se behalf inquiry was prayed were judiciously selected . He
would mention their names as he found thorn in the notice of the Hon . Gentleman ' s motion , and in the exact order in which they are put down . There was George White , of Birmingham ; he did not state with entire certainty , but be believed that this man was lately convicted before Mr . Baron Gurney . The next was Robert Brook , of Todmorden , an individual who had been convicted in Lancashire , The next was James Leachi and he had been convicted in the same county jjthere was J . G . Harney , and he also had been convicted in Lancashire ; Jonathan Brown and some otherjpersons had all been convicted , though they complained of their treatment , he believed , since their trial—fMr . T . Duooombe' Prior to their trial . " ] -The next was R . T .
Morrison , of whom he knew nothing ; aad then came John Skovington , of Loughborough , who was also convicted . As he had stated , he was prepared , judging from the authentic information which he possessed , and of which he did not doubt the correctness , to show that none of these transactions were jroper for the investigation of a committee . He would shew the House , without going into a committee , on evidence taken on oath—ho would satisfy the House , from tha nature of the oases to which the Hon . Gentleman referred , jand from the evidence brought before the Court in Lancashire—that the statements in the petitions were not true . It was said , as one means of throwing blame on the authorities , that there was no necessity for calling out the
military . In common , he was sure , wiDh the great majority of his countrymen , aad in common with the government , he lamented the circumstances which made that step necessary . iFor those who had suffered he felt the deepest sympathy ; but there was no occasion for a committee to ascertain those facts ; nor was it necessary 10 eosure the sympathy of the House . If he were to judge from the statement Of the Hon . Member with reference to the transaction at Halifax , he should say j that the circumstances oould hardly take place as described . The feelings of the people of this country iwere not obtuse—thoy were acutely sensible ; and | if tho case as described were true , it was not a case fur a GominHtee , it was B , case for a grand and p tty jury—it was a case to
bring the man to trial who had fired at the individual in question , and had committed a great crime . Refer that case to a committee of the House ! Why there could be no difficulty in finding out the individual who had fired the piece , aud in having him arrested and brought to trial . He asked the Hon . Member why he wouldjrefer such a case to a committee ? [ Mr . Dunoombe said it was not taken up by the competent authorities ] . If so , if the magistrates would not aot , the graud jury was sitting , and a bill , if there were any ; bill , if there were any foundation for it , might he obtained . Let the parties go before the &rand jury and prove the facts , and no doubt tbe man would be put on his trial . That he was a soldier , gave him no exemption . He
was amenable to the law th ' ongh a soldier , and to the law recourse should be had . If half what had been said were true , the man was not the proper subject for an inquiry before a committee of that House , but he should be tried before a jury , and be mado to answer with hial life to his country for this atrocious act . Whether the case were so bad , he should probably enable the House to judge by the evidence , on oath , giveii in Lancashire , which would show that similar oharges relating to Preston were destitute of foundation , i Tbe Hon . Member for Finsbury spoke of the fury of the soldiers at Preston , and accused them of much I unnecessary cruelty . Their conduct had been spoken of in language which had been most improperly used—( hear , hear . ] At
the trial , at which not a defendant complained of the facts brought forward by the Crown , not a single defendant out of t « n or twelve who Spoke for theni * selves or by their counsel—he was speaking from his general recollection , having recently cast his eye over the report 01 the trial—not one of the defendants « n his trial denied that the wit netses for the prosecution igave a correct account of the transaction . The leading counsel for several of the prisoners was bis Hon . and Learned friend , the Member for Sutherlandshire ; and he did not state to the court and the jury that the evidence given was such as they could [ not lely on ; but he stated , not only that the evidence he had heard was correct , but the language was appropriate ( The Hon .
Member read the passage ) . , It would be recollected that the Executive Council of che Chartists had issued a large placard , on which they said , " Englishmen , the blood of your brothers reddens the streets of Preston , Blackburn , and Halifax , and the murderers thirst for more !—be firm , be courageous , be men . " In speaking of the transaction fit Preston , in the address of the Chartists to the Chartist public , they were peacefully and lawfully assembled , and they had been fired upon while peacefully " agitating for the Charter . " That was their expression : now let him state the facts on the deposition of the commanding officer . He had under him about seventy policemen , and about the same number of troops , and these forces were hemmed in , in front and rear , by the crowd ia the streets , while two parallel streets , with houses , were on each side . The mob consisted of
many thousand persons , and they assailed the soldiers and the police both in the front and rear , by throwing stones over the houses . The commanding officer on his oath , stated that it was necessary , for the safety and protection of the police force and of his own men , to fire ; that the multitude continued to press upon them , and hem them in more and more , and would not give way ; under such circumstances , the officer , for the safety of his men , considered that the . order to fire was necessary . AH the evidence brought forward by the government , and it was not impugned by the Chartists , justified the officer . The united council were of the same opinion ; and it was difficult to admit , that there was the smallest opening for the language of the placard , and the public notice which was taken of the event at Preston in tho address of the
delegates to the Chartist body . The Hon . and Learned Gentleman quoted another placard , in which the Chartists asserted that their " brethren ' s blood had been shed while peaceably agitating for their rights . " Let the House [ see what was meant by this peaceful agitation . That peaceful agitation consisted of an assembly of 10 , 000 people , hemming in the military and police , and having great facility for attacking them by the two parallel streets . It was clear that the officer refrained as long as he could , and abstained from adopting the course he had at length adopted . He had ] called the attention of the House to this particular case , established in a court of law . But the House might infer that the statement of the Honourable Member ia the other
transaction he had referred to was no better founded . The House could , in the exercise of a candid judgment , form its own opinion of tho other transaction referred to by the ] Hon . Member for Finsbury . With reference to tHe motion , he would say that the House must find it impossible to concede it . The motion waa entirely wrong as to the individuals selected ; but as to the time of bringing it forward , on principle ; the House could not concede to it ; and if he adverted to some facts connected with it he should make the impropriety of now bringing it ) forward apparent . Ho must state to the House , with reference to the time , that there were some of the persons connected with these cases about to be brought up
for judgment . He was averse from alluding to them in any way that might seem | to aggravate their offence—it was indeed with great reluctance he did so , but his public duty compelled him . He Bhould have been extremely glad to have escaped from the task , but the performance of his ; duty to the Government and the magistrates , his respect for the peace and the institutions of the country , obliged him to make remarks that he would have willingly postponed till after the sentenoe . There was , loo , another trial now going on , implicating other individuals connected with the outbreak in Staffordshire last year . That trial had sow ] reached the sixth day , and by the last accounts the speeches for the defenoe were only about to begin . It was
impossible to speak of the delegates and to speak of these transactions , impossible to discuss the question Which the Honourable Member had brought before tbe House , without advening to what took place at Manchester on the 17 th of August last year . The Honourable Member had called attention to the case of Leach , Turner , Soholefield , Harney , Seddons , and others . Some of them ! had not petitioned , and some petitions came from others who had no connection with the trials . He j would refer to the circumstance of Turner , who had been brought forward as the printer of tbe placard . The Hon . Gentleman stated that Turner had committed ho offence ; but he would lay the facts of the case before the House as they were deposed to in , evidence . Turner admitted that lie was tbe printer of the placard , at the assizes at i Liverpool , bathe
represented that it came to him in the way of business , that it came in a hurry , that he did not trace its contents , that he never read ft , that he exceedingly regretted ever having printed it , and in that merciful consideration which the public prosecutor , not alone , he would eayj in this case , but which the pablio prosecutor generally took , on the representation of these circumstances , and on Turaer consenting to plead guilty , he was allowed to plead guilty , but was not brought up for judgment . Tur ^ ner did plead guilty , and entered into his own recognizances . He expressed himself obli ged to the judge , to the counsel for the Crowfo , and to the prosecutor . Tnat was the termination of Turner ' s case . Now , if he understood the Hon . 3 Member for Finsbury correctly , the Hon . Member I said that Turner Wai * gvuky oi uo c 2 ki . ee . Llcia vviw tiio cabv of a
Untitled Article
man who was described to the House as a guiltless person , who had pnblioiy pleaded gnilty , who had submitted to the law ; and this man , who had aoknowleged his off-nce , the Hon . Member said had committed no office at all . Wis it to be said that Tumor now declared that he had published the placard , bufc that he also affirmed that he had been guilty of no offence ? Was that , indeed , the mode in which , when the morcy of the Crown was exercised , it was afterwards to bs taunted ? Was that , indeed , the mode in which any one in that House , or out of that House , could conceive was the proper feeling to be manifested under such circumstances by those who Were brought before the tribunals of their countryand who thus proved how worthy they
, , were of the leniency with which they had been treated —( loud cheers ) ? But , so far as he was Concerned , such conduct should have no influence upon him . It would not , in the least degree induce him to call Turner up for judgment . The Hon . Gentleman presented petitions—these petitions he had read , and he eame there prepared to answer them , the Hon . Member pulled out of his pocket a variety of papers , the accuracy of which wag not confirmed on oath , aud for the truth of which it Was impossible that tha Hon . Member himself could be responsible ( hear , hear . ) It was , he said , a new proceeding in that House for any Honourable Member thus to be collecting letters from individuals scattered over five or six counties , and who it was
evident were not well disposed to the peace of the community , and certainly not weli disposed to the established law ( hear , hear ); it was not , he said , usual , under such circumstances , and with such statements , to seek from that House that inquiry should be granted against magistrates . He now passed to the case of Leach . Leach was the chairman of the executive council of tho Chartist body , and Leaoh was connected immediately and directly with the preparation and printing of this address , which originated with one of the defendants , and concerning whom he could not be silentthat wa 3 a man of the name of M'Douali , if he
mistook not an orator at Deptford on soma occasion . This man , not M'Douga . 11 , but M . Douall , had been , convicted at Lancaster , of the highest offence charged in the indictment . It was M'Douall who had prepared the placard ; it was proved to be in his band-writing ; and it appeared from tho evidence to have been concocted before the 17 th , probably it was on the 15 th ; he thought that it was in the hands of the printer on the morning of the 16 th of August , And here he felt very great regret in being compelled to mention the name of another person ; but , as far as he could , he would not do that person any injury . Mr . Feargus O'Connor . M'Douall , and several other Chartists , met at Mr . Scholefield ' s
chapel , on the night of the 16 th of August . It appeared that the address of the Executive Chartists had been previously prepared and finished . It had been settled ; but a suggestion was made by Mr . Feargus O'Connor to alter it . He was , however , then too late to make the alteration , and therefore it was allowed to be printed in the shape in which it had been originally agreed upon . But Leaoh was the person at whose house M'Douall was , and had corrected the press . He did not know but that he had shown the very copy of the placard which bad been in front of Leach ' s house , and there was another copy of it found within his Bhop—( hear , hear . ) The »* her person named by the Honourable Member was Mr . Scholefield : be
was the gentleman in whose chapel the meeting had taken place , and the question was , whether Mr . Scholefield was aware of the object of the meeting for which he had lent his chapel . On the 16 th it was proved by the son of Mr . Scholefield that the persons met at that chapel . It had been publicly announced , but then there was no meeting for thai purpose which . had been the avowed object of the parties coming to Manchester , which was something with respect to a commemoration or a monument relative : to Mr . Hunt . On the 17 ch August the placard came oat . At that meeting there was also Harney , Allison , Brooke , Arthur , and several others , to the amount of forty . They assembled , and ma . de speeches : the character of which might be known
from the' speech of the man named Cooper , who was now under trial at Stafford . The resolution of the meeting , of delegates he had them before him . They put forth their Executive address , and that , with their address , was published ' to the world . The object of the prosecution at Lancaster was to satisfy the public that where persons met in private conclave , that when they arranged at private meetings documents the object of which was to inflame the mob , then they would be mixed up with the violence which they had themselves produced , and would not be permitted to escape , on the ground that they had published a libel , from the mischief which they had occasioned . He might now be allowed to point out the state in which Lancashire , Cheshire , and
Staffordshire were at the moment these publications took place . If ever there was a moment at which . this eountry was on the eve of a civil war , and when it happened that it had avoided , although not entirely esoaped , all the horrors ot such a warif ever there waa a moment of such imminent danger , but from which it had pleased Providence to preserve them , it was at that very time when outrages were constantly being committed . Let them , he said , look to the e ^ idence of Pilling , who boasted of his going about from place to place , and having addressed three hundred thousand persons , and when 150 mills were stopped . It was at that moment that persons , whose motto was "peace , law , and order , * ' went about stopping mills—they
said with the owners' consent ; but in some cases it was proved that there was resistance to the command , even to the shedding of blood . In other oases there was the exhibition of physical force , and in other cases the direction was complied with after the greatest reluctance . But here the Chartists made a great mistake : they thought that by the absence of physical force there would be no breaking of the law . They supposed that any demonstration of physical power was moral force ; that persona marching with weapons , calculated to intimidate others , was moral force ; that provided they did not break a . man ' s head , that they did him no personal harm ; that there was an absence of personal violence , there was merely moral force—( hear ,
hear , hear ) . He could show this to be their opinion from the language of one of the defendants . In one case it was proved that a mob assembled , they called to a bricklayer , who was employed , to cease work—that they would not permit him to work . Tne man replied , he was determined to go on with his labour , and they then said they would bring more with them , and see if he would do it . They diu , then , come again ; they brought more with them ; and , when the man saw a large mob collected , he felt obliged to obsy their bidding , and he ceased working . The defendant in . that case thus orossexamined the witness . " You say that I told tha man not to work ! Yes , you did do so . Did I do any injury to any man , or was any property
destroyed ? So far no man was injured no : property destroyed . " Thus , then , they conceived that men could assemble in great numbers , and dictate to others , that they should not work until , the Charter became the law of land . Now , it was bis opinion , and he expressed it in that Honse without disguise—it was not only his right , but he was bound to do it . In his opinion every man who moved about from place to place , joining mobs , for the purpose of stopping labour , or by intimidation to bring about a change in tbe laws of the country , was guilty of high treason—( hear , hear ) . He defied any member on either side of the House to contradict it . There was a question as to the fit mode of proceeding . When they made an inquiry , there
could be no doubt as to the facts ; but then there waa a doubt as to the way in which questions ought to be dealt with . There could be no doubt but at the time that Leach was first taken up , aud when he was carried before the magistrates , that the charge was expected to be one of high treason . In Stafford , he believed , these cases were so regarded , and a bill was sent up to tbe grand jury for high treason . He was not positive as to the fact ; but it was in bis recollection that au indictment had been found there for high treason , but the Government thought it better not to prooeed for high treason . The judge at Liverpool had distinctly staled , that in his judgment , on the point of law , the case was one of high treason ; and what waa more , ho commended the lenity of tho
Government for adopting the mode of prossoutioa which they had pursued in these cases—( hear , hear ) . The parties then met in Manchester , having for their object originally a procession , or something in connection with Mr . Hunt ' s monument , and having also met , as it was stated , and as he believed it to be the truth , for the purpose of making some alteration in the constitution of their society , and the correction of some illegality belonging to it ¦; but then , in Manchester , they abandoned the intention , of having any meeting at all , they publicly cave notice of their abandonment of that intention ; but then they met ia Mr . Scholefitld ' 9 chapel , on the night ot the I 6 th , and the morning of the 17 th , for the purpose of concocting an address to the public . He might now ba
allowed to state the nature of the address . There were fixe mfembsra of the Executive Council : Leaoh , the ohairman ; Archer , the secretary ; M'Bouall was another , so was Campbell , and there was-aaethemame that did not occur to him . This address then was put forth on the 17 th of August , at a timo when , thousands upon thousands were moating together ; wivm a hundred thousand persona were 80 !? l ab j » » ff 8 reat parts of Lancashire , Cheshire . and btaffordshire , compelling those whowere desirous to work to abstain from Iabparin prderthat f , he Charter might become the law of the land . The address
Urns eomtnehcBd : —^ Brother Chanists . —The great political truths which have been agitated during fcha last half ocntury have at length arouaed the degraded and insulted white slaves of EnglAadj ^ aw _ _ . __ sense of their duty to themselves , their chii JUBKrH ElW their country . Tens of thousands have flung < £ 9 plV A . H , their implements of labour- Your 1 niiLtunMriw |\ " ^ . ~ - tremMe at your energy , and 6 x . vectiuJLjfiSmkt y ^^ fe »> eagerly watchiagtbis the great crisis 0 f lli £ MmS&r ? k ^>* r He did not feel that he could be justified il ^^^ Poht ^^^ V the time of the House in reading the 11 iKj ] jMfflm ; * utM - L L I * document . He should , therefore , call | Q | i * BtStf ^^ tpii ^^ L tion but to parts of it . It proceeded K ^^ SK ^ . f ^ S ^ ( Ceulittucd in our /? i . fA / , \ ( . ; n ,. /^^ yj ^ CfiVh ^ j ^ S ^ 1 HUV < ISMftN
Untitled Article
THE NORT HERN STAR . 7 _
-
-
Citation
-
Northern Star (1837-1852), April 8, 1843, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct645/page/7/
-