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Northern Star (1837-1852), 13th May 1843, Edition 3 of 5, Page 6

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      ^ ~~ " ~ - : CvUftT OF QUEEN'S BENCH , Fh : im y , :--. n : 5 . ( SiUb . gs in Bamo . j SEHTTENCES OS * THE CHAHTISTS thx v ^ rEES r . coopeb . a > 'd nicii AP-rs . Ttese dtfcndants appeared in court thi * mcrz-. Dg . 1 < -Td Chief Jurtic * P £ > ' 3 ia > asfced if they had saj a £ ' jYite to pet in ? Tbe defenditl C-ccpcr then put in sa £ S " svit , F * r . t icg thai tie evidence given agvi&r . him -s > . i-riff - •' cLi 5 y srese from fpetcbts and sn = uiirtr-a : » t ^ been rpek-s sad coz . fey the det-. r nns i-J oihf-r ; tLaith-w arose fr . m the fact < -i the n ^ ufactui r _ - ict-Etisn to refute the « ages of tL ^ r ¦» : : h- . * r .. ai ths .: rt-riod creit laritade of speech Lad ' -en all ¦^ .-

      by : he Gc-vnirirt to 'be magistracy iE : - ' rrr wt-. ; :: y peytons , : c : il . U li-rgnage was strc-L ^ tr ih . a tha" . i . ¦ : fcy -ts dif = Li . _ ' - Tutre ha . ! bees j . i---. ' - ¦ -i -it '• ., " -.-chi-t . cr h p-iptT c- ' . lid the Jhti B cud T-: i Cirn ; -. ir . wi : L the £ scc :: cn cf : he Corn Law L-: ^ c . c-r v-: - iLa : 7 of the magistrates were mtnu-rs . . K : £ / . „? t lien vtiit on to give extracts frc : ^ ti -s j u • " -. .-i - . Ii .:-, tut * bs viker of lit court , wto v . as rc . u : r ^ -Ii- aSd £ . T > ., T ^ Ei st oj ^ -eC 1-y Loiu DENii . i > , vLo raid he k-t o tre , F . " 'fit did E ' t ; . L ; -: iE . ach a-stter of thai fcir . ci K . v . e it du > i ; : : - ' :.:-J »; :, ' ' : i 3 ' : * :.- ¦ C ?^ t ; it c-ji-ij . . n 7 r vild " . .. to hc .- ~ * he kinil ¦ ¦ : i ^ n-iv . r ^ wL ch h . i " : h ¦ n

      Ub-. r rut tr > C- .. rt con ; .: Evt j-: n .: ' . ^ r-rJs : i £ ' - > .-r otL . : s vho Wtjt dc * . prtittt to te j . 1 ccd uj _ > n tut -kb cf the court . C per said , * bs * be aid his Ts . r . er ; le friend ¦ R -:: " s i = V- ¦ - ' ' ¦* K-l arirkvid if tLry vcn . so . s * - k- ^ ¦ . h . r- -he :-iS-rr . ? lrz * . L :. i Dl > M- - . > r 3-d ti 7 "Wt'e n-ot t . yin ^ ^ * -L « par -, r-. * ;_ . t ir , 5 . vn n :: uf uiLci ? "sr :. s ij j- i' 5 c _ - tit .: - . hr ac - - ¦ -t it-c iUfr ^ unts . L •• rt-r -j : - : r -w ^ 5 : \ t : \ r U- ' : iz . tt ^ r irtv -vccrLt tie gv \ . > v-sTtits , " rut ibat othtr pejsci-s Sjitr , f . h ^ hsa Let btt - 'cdctcd . Lr i De > ma > " ssid that hau n thirg to do viit incitins ' ? ediuon . C . p-cT &ai ; i they rcuBi beg the Ooit to alkw the affifiiT .: * o be read .

      L . / d De > Ma . v said they n ^ ght hsve the l * o ; t £ t of the arcuirtEt wittout the C--urt heari ; . ^ tha' rtad , "whvi ; "was r ^^ - ^ - ! offeniive , and perhaps micht be sedit •" - ¦ l s . Ox ^ er siii * tt--y felt it lisrd that they , & 5 -Korkiug rcec , . hon ! J l « it * 'icud , "while thoie " » bo were gr € it in the 1-cd vr' - ? e fLS-: ed t « go frte . lais .- ; p-arrd to tfctip to be scmtthirg lite a sc ! cCriiig of 'h * - rich ; it s-. rTiitd like ure law for the i ; ch ard arother for thr p . i r . If : he iffidavit was not read , he sh < -uid feti i : * ¦ ¦ h n ^ j-z-i . T ^ rj wert ; s . p-Tj . etualiy intcmif-e-i st St ^ n : d that the ^ did i ^ ot expect s-ach tTcannei-t in tliia C-c-. L - <\ Ds > Ma > tboagbt that -wc-uld ha ^ e ltd them to eri « --t it

      C ^ -pfr ai ^ , ths ' . those pcrsecs id- au ' . hoiity , to ¦ wh . i :, the pa r J ; iLcJ np , had cct been jTo * € tuttd by the G . TenurcEt , \? hile tbt -w . rkiRi men Lad been ind ' e-d . L -J DF > Mi > raid if he chose to put forward a grr . enl st-. r-::. fLt to tbat effect , there Trouid be eo t , t ; rctioT : ; ut th ? whole of the time m not to he t-. ken up i n Learrg libels charged on other parties not before the Crnrt C ^ 'pei said tfce affi iRTi t ^ as so arrantjed as to form a Kr > s ^ f ext ^ ctji , --hu - ^ ir ; : h .- parties who » i re to blmia Bisai- ; ument tra * rh ^ t tr- G-TemxSient tti ~ r r » ware of tbAs had tolcraVed it to such a decree ai to Mnouiit to a canetion . Lord Desjian sai' thar in i ^ ht b * stated-in ge neral term . " in the afiids'i-, bat the Co ' . rt could net primit tht smoavit m its present st ^ te to be put upon the £ r 3 of tht- O-.-nrt

      Cix > per said he felt a strong rrlactance to tike the rfEdaTit back ; u appeared like assenting to an Irjnstice . L-rd Desman -wcc ' . d uot allow the afE . ' -avH to be read ; the defenca . nta , if they did cct cboos-e to alter the afSd-vit , m ght address the Cecit in ni : t : ^ E . t "; uii of punish :. rrt Coc-jtj said he cnld not thsn defend himseif , and he jnjs " ^ ? vrll jit doTTj at czc ± . L- - ^ Ii £ > HiS—Sit dovm , then , if you don't choose to a-Uiress thr Court in mi ^ aticn ; we giYe yun the cppurtuni ; y if ; ou Ihlnk pror ^ r . Cvj-er said it sre-id b * impossible to proct t-d if he ¦ w&s t ' cate ^ , in -his marker . He "wia s ^ -csit to rcqn _ gt the Cc ^ urt ta rfceoisdJrr riit ir di : em ;! Dsti n . If be wu thns to be treated i : wac iiapotsibie hw ct-uld adiresj

      the C . nrt . Th = defendant Richards th-n procee-5 ed to as' ! re * i lh- - - C- ^ nrt . Be WuulJ t- ' Jce a tboit reUospect ^ Tc view of the c * use and oii ^ ii : of thei 4 distuibi cc * which had distract " . SLafforcshire ocrirg the snmincr cf 1 S 42 . It ¦ was ^ ell fasoirc that there ¦ wtre inn msp ' . ers ca-rying oe eitrnsiTe "works ic thit cua ^ -. y . Fr ^ ir ! some cats * redue i ' -n w& £ made in 'Jit w : u : es < i tit w-jrknun ; thie re » duet'f'u had ex ^ p-jrated their minds -, but they hvi trufciJed en ¦ witi the d . fficuiries arls rt , frcm the reductoa for dome "sre ^ ks , ¦ whe n a stiil crtater rtuucticu tool pi ^ ci , and cTe ^ tually some outragra had - taken plac-. They -yere charged with W " . g the initi ^ t ^ r * of tee cutriees , but ho ¦ would a * k prrm ^^ on to craw

      tbe attention if the Curt ; o a ci' -cur ,. sr-r . ct whicb had * ra : ; pli- ^ d in t " : > e to-xa of BaTSiem s- <> me days before the c-jBiEuencfmtiit of -wl-. x vtre term' 1 th-Potttry riols . There * ia sc-u ^ r co , \ e-: ' on ; n 4 e ivr uis . safporz ct those wfco ycu-e tct of eu ; p !> .- ; itcEt . Tn ^ y c- 'E ^ 'dered theruse ] Tes to be jr . siiIUri . tLej -were arreate ' ' and coniHiiite- to prison . The n ' , unn .--ed to that kind of treatment , immediate " . . * ue ' . u-n . nt : on the nr ' . fca * e of their neii , ub ^ cr 8 . TLey 3 cc : ru ; ' ; ish-. d it . TLis was two -weeks before the out . - ^ r , a : id _ it could n :-i b * said tbit hi ani his friend Co per csaii be the isBtiga-U > ra . The Court sculd see that the ur ' . zir , and cause of tue jUtiais ? .. iil Ejt lie wi'Ji him > "i :. \ a frieri , but BW b = U % o- - ; to the accj-int of tlu . se who h ^ -1 tuinr ^ i tLeie men ani of enij-loymriit , and had eiBsr ' -rs t ^ c ! the minis of their woikmen . H > - &cujJ L . «> t be the insugstor of a tiling of ¦ which he knew nett'eg . ind hud do ac ^ rg part . N j mar c *» c ; 1 iierl- - what Lad taken rbct : n ; -re thax . L . m-SclL Hs thocafct f ; . m his centrsi ch-iracvr , Liefer hav ! i >* becti V' f re a mi » . 5 irate fcr ti . rty jcirs . teat the C . irt wvaM pre ^ tuiii he h > d :-ot birn « tch an in-B'Jijat ^ r . E ; h ^ psc tht * . circEics . ta . i : ce would ha ^ e it » dui wri ; b : upas th-ir L ^ r ^ shlps' mindi He adir . ined that Le had recoEiiDe ^ ed a ce ssation from labour , but ¦ w ith . tese c-acition *— that every rusn gbculd k-tphim-Belf f " rt :, r _ ,, \ net " E-ce ^ nie-a bur en on the parish . That fcGTii > - w ^ s iiol sctel upon , and th- _ - urf > rlaLate utcurrencr to-k p ! ^ ee- He lamented tin : mary -jf ' . be guilty p-iitirs acrte- - nnier the icflapnoe A iiqa .-r . There existed nu proof that be had in th = slightest dtsrtd instigated any cf rbs ? - ponies lo zcib of Tiolencc Jle WyQid refer to the evidence of Andrew Rowley . That witness s ^ tl ^ s t-. fits ^ L : ch he must kave knowa to hay-,-been '' alje . He - ^ ould call tbe attett ' on of thr Cc ^ rt lo the fTiJ-nce J :. person of the mmi ? u' F ^ trt ^ ze :, and

      t-j tht- niettiui { at S ' . oke . Ice me ^ tin ^ -was conTened for tie purp }? - ; - « f obtaining c > e _ ES f j : the cupi-orx of those who are in distress . It w ^ ca ltd t- getLer by the inthorltiss , anu held by thejr crz-. nem ; as ~ ih * t -wa * the case , tbe iD % -tii . g couM not btj c c-. idtred as illdjal in it-i cb ^ recter . rind he could not coneiive i : jv his attenditci at * hat i ^ e ^ ting coui a be cv > iisiil-rtu its a Lrtach of tie ia ^ r . particu-iriy a- ^ L : 3 oi y o ' - ' y . ct vr ^ s the relief of his feuow crebtuirs in clsiress . F . rosier stated th ^ t Joseph Capper t-gered to pire up hi , property prorided ssj o-hs-r per > 9 n a t tec die g the nucibz -w . md second tllr . ti r'or . He did not tt : nk tha : the evidence of idary Bradley , -who was the wife ui the p ~ :: ee . nun , ocgh : to have been admittri . H- ' bad deciarcd that he h ^ d an objection to Berve in tie army . He did Dot think that his objections oe this er ^ u ^ a ought to h ^ v .- militst&d atainst him . The obsr-rva

      tmr . -5- mi d = in the course of i-rivau ci-uvtrsation , at : l it -5 » as monstrous irjasLice tLi : this observiiijn ah ' jUii im biought ngti-s : fc 3 i . Tu -witiiess Br ;^ i ; re Tas little less than a iuaa : ac . He could wiU ; liftie difficulty eaUfelish th ^ i :. e was ; - ) t -f actmd iini and hii eridrncf asainst him vr-j .- ^ r _ rth little or iotLins ' . Had he btcn pfcrKit ?; i : be c uid heve pro" : uucd the most Mspsetsble tTi . l-. nce" to substantiate everything that he had stitad . H- had cb ^ rv ^ d , and would repeat it ££ ain , that th c ! ab -urjr . s man had no

      prL- ' ection , ^ nd tbri ^ f ^ rf ; be L . ' . tec ; n ; n » -Bded the ad' ptionof the Chaiter . TL » if h-. d pTjcucrd great disccnttnt among tUe iibocring cij . ^ r 5 . giv a rise to angry feelings , and lt-i to th = act" * f v . . .. lr"ce of which they had bsen chargei . He m-i : ' . tai ^ e 1 tLat universal represfeuteuou f > ss a right of iht : people . As the pos-Bfcssion of tte elrttiT-j fr * :-Qt ' . » 5 l > = tur-. l a m ^ n ' a condition , it ¦» & £ Laturil that their doctrine should meet ¦ wijD sEi urivr .-sf . ' . fuipj r t hxuoi . ^ i £ e labouricg classes ai-d w . rkicg men , Without tht t » o 5 rSi ; on of ; his rizht th ^ t > 3 : r raau cobM inz be i \~ Tuir <\ i ^ . tr ^ px .

      niiiti ~ <" ¦ " Sjcicty . He r » pu"li > . * tJ thr im . > ut ; . t : uD -i be ng & 1 > -srructi ? e . If it vr-ie a criiEi t- » &dvt «' , t UaifcTbsI S-fTng-e ht n . u-t con - ; : cc as long t- he iiV ^ -J -9 WKtiiirt - oA - crln . " : n j . f . ff r ^ r-. He had triive . Ie ' - . ^ ur : ; , twisit ; j-iij of his li ?_ . a « . " hu j seen naue \ i ; f - ' rstitutio :. ; he had se-. n pe- 1 = r ^ fc . a &jid s-arTi !; g : and waj it snrpr . ^ ng , hsT = = 5 s , r t"is distress tL .. " he shoul-i fetl f .-rtlie snff-r ; n ; s f Lis irilow-crc ^ tur ^ ? . It-wxi to m Jri r , ata this rfistruis th . t the Pe-jple - o Chapter wy or ^ initcd- The & > jr , » i ; I « of the TTiinit , !; dktr . cis Wcxe in -i . 8 ' st = of ' " . iTiry fax niore !*¦" ¦ . •; . " J ? ih » :: th--worst aesiiiptita J i ' . ^ Tery in the TVrst lr . i ^ n lilandi Be ha-i t « en in - . h ? West Indies , aad si ~\ - ' . r-m i ^ - . zonalfcS . p- " -n ? i ; & . TT ^ s it . n- > t a b * iieVjk-nt o- j : t to -riea-TOuno alirviatt . the condition of ths worfc : ^? pe . u . ? As fcr tbe Bailot , it would be of no service tu him ; tut as a means of prst ^ cting the poor froni the v . : ; ' -ancs tf their rieher neishbeurs , he advocated secret voting . Witli regard to the abolition cf the pn-pri-. y qualification , the Chartists only claimed that -which -hey had a ri ^ bt to by the ancient pruieip ! e » of tb- _ - o ^ nsurntioa . The Chartists also advocaled equal elector ;*! districts Hiroaghoot tile country . Thesr -were the vjeira of the Chartists . He bad advocated these principles for the last forty years . Hia tutors were Charles James Fox , Major Cirtweight , and other eminent mco of that day . Another consideration be -wished to bring before tbe Court -was , that be had already tteen iucireei-it < a twelve week ^ He sppiedfor bail , but wheth-r magistrates understood him wr not , he did net kn > w , b ^ t he w ^ s not bailed . He had n ^ t then baea tr .-. d , and was oniy charged with ^» ii » dcmtanour . Et had for three weeks only one pound acd a t ^ lf cf tread a day ad the pump . Was that the ViJ to coudliaw his ir nd ? If » bat -was Hie intention , ma thct the pas to au-. p :. ' TLey had

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      ' . ; *" . e" his prirc ' rles i : pf > n bis i :: ii . d by iht . r coi . uuct . ! : • - a ^ ar . oti . ! r source—to-. I " . tit- petu ' . ant jea ' :.-Usies uiuu ! : \» --d towd ; Is him by ihoBe * ho ha »! former . y rr * pevt-dhim , and thought it an honour to walk vrith hi ! ii . One of the constables askfd him a few days before "his arrest why he did not iuo aw ;; y ? He anrwi red , uo . Dever would be run away -when be -was not j-u Uy of a crime . He believed all that was -w anted ¦ w as the bsnui . miDt of himself and a few others from the tjva , although he had never irijured any one . He vr . r . M r . ot adveit to hi * advanced period of life , but let : Lr Court consider tha expfneo t -which he bad been -ut in r * -ffnding himself , and ke thought the Court won'd tben think bs had been pretty well pnui . ske . 1 for : ; ' vocatin ? the People ' s Charter . He hoped the Court w .. \ : ' . d li vk at all the circumstances of mitigation which ;; v , ' . i a ? so to their minds from the arguments he bad ! ii < i iu his favour .

      X . 0 dcf"nac :. t Cooper then proceeded to address the Ocurt . Han $ he affi-Javit bun aiimitt-. u . it w . ulii bJifclleEtQ tb _ . t they had tmd , i ^ they had t-rre . 1 at -11 . : r . f llowiog a pr . cedcxt set than by the Anti-Can L-- "v Ltuiue , And tolerated by tbe Govtinnieut . He * : v u tv * been ohs- ^ rved by the Judges that tbe coni ' . uc of tbe Aati-Cv . ru L » w League w .. s no justification h » : hi * a ? cu friend and himself ; if the L-.-ague bioke the law , \\ gave otLt-rs do riiiht to do the same ; and hu knew : bat more than one juilge had said , that if the L ^ zs-- - * bad done thai wiiicb was r . lles , ert asainst it , the v : rtiis ouibt to have been indicted , and that if in-¦ c :-o . they would be convicted . But bo far from .- •<>¦ ¦ ¦ u ; ' at » ha League bruke the lav ? , his friend and l . ii :-i ' ' ;; TJued that they were fo . ; ov ? ing the esati . p' . u ¦

      <¦ : ' ;• -:: .: ; ffice , and that thty iiiUst be ke = pii g iliu . . ^ 1 . ; tr- ; . xiiig it It was niipo .-sible that the « x > m-]• : ¦ i ' . 1- i .. . vi / u ' :. i bts at ail f . waru that it was tiring to ii :. i * _ r . Lv-- * wlio ¦ wtre abuve thtiu . Their c . uiiuct - - ¦ ^ j-i-r ^ iiiuii by tie Gjvci :. uitut , and how could tbe u ^ ^ r ^ aTc'i pro }>! e kuo * thai , ihey Wrre wronj } ? Ev- ry -: 'tji k . tw wh .-. t -v ?» s meant by n . urJer , and utU-r crimes of thai nature , but they did cut know . n > r did the majority cf ptrsons in that court know -wb 3 t was m--a :: t by sedition . The G-veinuit-at uloiie knew It . Tee Gv > ver :. ment knew » Lat they meant by sedition , ¦ which was something tendiug to bring tbe Government into contempt ; and conspiracy was Eomtjthir . g tending to ki ; rg the Goverbmcot into danger . They could not 1-jse sii . ht of the fact , tbiit a lar ^ e number of persons

      wj . o -nere wealthy and 6 cbs _ aniial had used language fcr m . uths past far stronger than any used by himself or his friend , and that tbo » e pertons were slill at large . Ti : ey felt they -were treated -with great injustice . Tcrv had read criticisms upon tbe acts of tbt G ^ ve-nrr . tr ' . in the Anti-Corn Low Circular , tbt Morning Ch . onic e , the Globe , and ptiier paper * , in which was language iuore tLQAinmatory than any they had used . The ritfecdant tbtu expressed bis thanks to Lord Chief-Justice Tindal , and tbe judge who bore the hononred name of Erskice , for the kindness and urbaiiity be bad received at their hands . He also thanked tbe S'licitor-Gancral for his cuduct towards him , and he wished he couki extend it to Mr . Serjeant Tnlfourd . The people itaagin ^ l th .. t what was allowed to bo said in 1840 might

      K > p-rnir . ied in 1843 Although the affidavit was not rtcbiv .. d , yet as souse observations were permitted him , be tusU-i the Court would Conceive thnt they had strong grruud for praying mitigation whtn ihey could shew that persons in authority had used such stroDp Ui . gcage . In the Quwterty Rerinc , Times & . z ., it had b * -fcu stiUd that tbe Ai . u-Ourn-Law L <> a ^ ue ha * l spread sedition through the L » nA . These fact * had been stated ov .-r and ovtsr again by tbe organs of tbe Government Efery or : « j knew what was meant by mnidtr ; common people know that murder does not sanction murder ; but it was evident there is a broad dibtinctii n between hat and sedition—thav the common people might presume that when strong language was permitted to persons , in power , those who take them a * their example

      sight think themselves ill-treated if they were not allowed to adopt tbe same 11 e . As tbe Government were the only judges aa to tbe extent ef comment to be made upon their act * , if people suffrrirg complained , asd it was natural they should , whtn men in rank used such lan « mu ; e , the defendants stovjd , in their own conception , justifleil in following them . Those persons remained uot only unpunished , but unchecked , and he complained of tbe conduct of the Government ; t * tlf , in not acting in a fatherly manner , if it allowed the wealthy aDd those who sit in the Senate-house to spread sedition , the Chartists felt ii cxtreo-ely hard that such a Government should cause them to be brought forward for punishment . It wa _» not their object to cry to tbe Government

      to pTii ^ cnte tht Anti-Corn Law League . Songs bad betn published by the Letgue , ana yet thty vre . e permitted . Trie Cbarti « U in their hymns had never used such language . Nothing was so like to raiis into rebellion as tie belief that there -wan one 1 aw fur the r : eh and another for the poor . The GovernLLeii ; could not plead ignorance of the real ctuse of the evils ; every common man knew that bis betters read all tha publications which contained snrh arguments , tlit the conviction of tbe Conservative party -was th ^ t the Anvi-Corn Lav League were tbe authors of ail tLe outbreaks . There was a wide d ff = rtnte between that case and those in Lstca » hire . It might be M . id he -was mixed up with violence ; that althiugh be inisht speak in mitigation , be had no legd

      ars-u-rat at to urge . He had noticed the intense eagt-rnt us of t :: e Lc roeu Serj-ant to remind the Serious Attorns ; --General , who did not st > em mucb inc '; i : ei to wur-. - up ^ 'u tLe ca ^ e , of every circumstance thut Lorb paruc-iar . y agains ; him , while the Court was rcMuii . g the report of the tvidtoce yesteriiay . As tho » e tbiugE j'ixit . jT -wonid bs urged against him , he wculd direct tis attention to tbe main point . It had been said that he had bten calted by the Morning Chronicle the precursor of the PutUry cutbnsak . He had read the observations ct ths Attorney-GeLfcral in the House of Cou > n ; ons with ? reat surprise . He thought it extremely bard as he w ^ n ^ t at trial that be should have bee n proceeded gainst . He did nol deny that be was at the Pjtteries . lut if it vf&s auy conspiracy , it was only a conspiracy against vioence anrt against fcunvriitK , tut he repudiated tbe imputation of the Morning Chronicle that he was tbe precursor of these outbreaks . He wished to direct the attention of tbe Court to tbe patchwerk of which thr ; evidence against him vat composed . There was a real inconiprtenry about | the evidfuce of James , Davenport , Use surgeon , and others . James observed that they fchoul J not cram tbe Charter down his throat , ani yet be saic be did net know what tLe Charter was This witness was an uneducated workman . He ( James ; Ea > d that if he bad to pronounce sentence , tbat they ( the CLunhU ) should have feurtten years of it . This man said of Richards tbat be ( Richards ) had observed , ai . udiBP to the Queen , if these are the Queen ' s sympathies , then to bell with her . > ' of Ricbards had not uttTr-d at aDy pnblie meeting at the Sea Lion any such language . The chairman and many others who were preset at that meeting- had rot heard his venerable friend Richards make use of any such laceu . ige when

      speaks ? of the Queen . He wbs , being a minsi ' . er of tbe gospel , incapable of doing so . He had btcs cfcarged with committing arson , K 2 d when this poiiit -was urged against him on his trial . he had inteuupted the Learned Sergeant , and be had declared it -was an irrelevant point to bring against tiro . Brennan was one of the incompetent witnesses . Hi had asksd whether thatm ^ . n w- ^ g insane , but he had - = en told tbat that was an improper question to ask . Tnat rcuin waa not a proper person to place in the ¦ witness-box against him . He had asked tbat witness whether he had net been in an asylum , and he observed with gr-at violence that be had too good n heafl for that . This -witneBP , it was proved , had in his possession certain Ftolen bottlrs . The poHctman who guve

      evidence against him had been entreated by his fellow policeman to come forward r . gainst him , and repeat some T » or 4 s -which it was represented had fallen from him iCoupci ) -when corSned in a watebbouse . The policeman bad said tbat he tCocpov . told him that he was present at one of tbe firts . Such was i ; ot the fact . Goldsmith and Dcvonport were also incompetent witnesses . The lUUr , ks wns ob ^ nrtd by the Court , had m-5 St singular notions on the suf jtct of sedition ; this Mr . IKvonport otBerVod , thut saying that the House of Commons did not represent the people -was Bedition , He ! Mr . Dsvonpori 1 did not appear to know that this language had been used , Dot only in newspapers , bnt by members of the House of Commotis , Mr . Cabden bad stated as much , and yet such was the ignorance of tb s witnes ? tbat he diil not appear to know that such exprefVious were extremely common . If the Ccurt wuuld uftr t' > the evidence of Rowley and many ot : ers , it wonld be f > und that their character was extremely

      deft ctive . He complained tbat be was to be punL-hed on the evidence of s dle vagabonds , perjurers , and men c-f the most depraved characttr . He -w ould rtfj to the evidtrce of Michael Holt He trusted that their lordships would not give any weight to the eviJence of that -witD ; SS . . Michael Hoit , who Wus a Methodist , expressed hinuelf shocked at y is -Co'pEr ' s . ) notions on the sulj ^ ct of the ^ : bbv . h aay , the Trinity , and tbe eternity of punishn ; eat . Ha Cooper , Certai . niy exercised his light to Thick for himself on these points , and considering the latitu d e of ^ piDion slloweri on snch occasions , Le felt th ^^ the Cocrt wonl d not ailow this fact to nrHtate f-. jin . 't him . With respect to the burning of Dr . Yale ' s Louse , it was cot established by tbe evideuce that he i 3 i j b .-en JnjpMcstfedin that cirtnnjEtance . It had been tn-A , tbat he hart in « tigattd otij- rs , and wns himself connected -with tiis burning of several other houses heluriing to the clergy , and the ody procif was the j- ? ci- ! Tori eTiderice to which h-. - had referred , and the fact of his having usad langTUge atainst the clergy . Was he to bs arraigned for being a U . itarian ? He was informed that the Laarued Serjeant himseif ( Tflfourd ) entertained UriJtarian principles—that the Noble Dake who had recently been buried was an Unitarian , and tbat he bad inculcated snch notions into tbe mind of tbe highest personage in tbe realm—that Archbishop Winteley , and bis Right Ray . friend , tha present Bishop of Norwich ( laughter ) also disputed the doctrine of the Trinity . Why even Dr . Paley , tbe anthor of tbe Evidences 0 / Christianity , was an Unitarian . ( A laugh . ) Perhaps the meagre term Unitarian -was not sufficient for the Learned Sergeant If be found dignitaries of the Church , eminent writers , in favour of Christianity , and individuals holding high stations near the throne , enterUinir > g gneh opinions , surely be ( a forking mam was not to be punished for following th

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      LLat iLtrj w _ s no bii , u v . v ^ rd to }> ' ¦ fuurd in ' : ¦ Gre- _ K lar . jiuvce . The L-. vU . t-a Serjcani ou a previous occasion bad taunted him with v . mity , that was a subject on which any ruuu might bo allowed to be vai ^ . Hy hud Larned himself ten . languages , ere he -was twenty-three years old . H « thought it was exceeding b-id taste in the author of Ion to accuse him of vanity . He might some day write a tragedy and not spend ten ynirs over it . yet tbe Learned Serjeant could sneer at a seJf-edneated shoemaker . He did not expect such sce ^ -rs from tbe author of Ion . One witness stated be

      had said the Bishops were rolling in splendour while the poor -were starving . That mi ght be called audition , but be believe ! it . The fact was known to all . Coiiid he or a teacher tell tbe people that the tight tevtrend fathers in God never rede in carriages , wore horse-hair wigs , or lawn f-leeves ? Could he say that they wero patterns of tbtir Saviour— ,, f the man who clothed tho wido-w . « , nnd wiped tbe tears from their eyes ? He mast b ; iv . ? sai

      Hudibras" What makes a church a den of thieves ? " A dean and chapter and lawn sleeves . " He cited Hou-iU ' s Principles of Priestcraft—language much more strong than bis hml been used . That book had been permitted by tha Government , and bud been l&rxdy circulated amonget tbe -working classes . If it weru just that he should receive a severe sentence , was it right that thut buok should have been suffered to exiit ? The utiliiy of the archbishops seemed to be to wie ; d their mitres *\ t in Parliament and assist Ministers , and man :. « e thtir large domiius . So far from this beinganovtl heresy , a writer in the middle ages had sai . i that poLon wn 3 pom-ed into the Church . It was said the bisliop hai ! no fl ck . but . had to sit in Parliament , rt-c ive bis ] aroc ievtuuL-s , aad sit in his temporal courts . He li'ip ^ d tbe Court Would pardon a poor Cbartist pn-at-hor who had only attacked tbe

      bishopa in the sani" H' -niitr as those who bad gone Wore bin ) . B ' .-h « p P . rt . us had written tbat one munibr made a vi' ; la n , Knllions a hero ; and yet tbat very same bishop had afitrwards voted for a war , and when asked by a whty peer whether he had not written those lines , he answered they wero not written ( or that war . Bhik ^ oud , in bis magazine , bad said in anewer to a question , vrhy was sucb a peTson made a bishop ? tbat it was because be enjoyed the relationship of some female fBVouriu- of n . . alty . When be had all this beforp him , w ; is it to be s : ud that ba was to preach the contrarj ? Was tbe C-. v . srt tbuu to send him to a prison for years cr nionths ? Latimet nud others had said so much , and Latfwer Lad said tbat he would bo un ^ ishoped if his sovereign opposed Cbri 8 ti ; i ! -. ity . H « had setn the firj flash from the poor men ' s eyes when he preached to them the conduct of th '»» e g . bat men . Wlj that to W called a violation of the law ? As

      tht poor had to pay tax ^ s , and as it waa understood that the wealth o the bishops formed part of the taxes . th > ir ; ichts bori- hard upon thu labour of tbr ; people . If all ChartL-ta wtre put in prison to-day , thty would prtach Chartism tu morrow , ai'd until thty were couvinced they wtre ^ r . i ; g . The defendant read a vast number of extracts from Howitt ' ij book . The Government had permitted th's r . tok to bj sent into the poor man ' s house , and why then should the Chartists be prosecuted who had not used language anything like so strong aa be had written ? He said tbat the biohops of the presei . t day di' ! not follow the example of Christ . He said no r « .. r

      was extremely hard tbat Huwitt and other writers , who bad optuJy advocated opinions advene to tbe existence of !\ n established cburch , should be allowed to escape , and that h ? and bis venerable friend shonid be brought np tbat day t » receive sentence for incnlcating similar notions . Why should there be one law for the rich and another for tbe poor ? If be was to be punished for honestly expressing his opinioas with reference to tbe abuses of the cl . urch , and incapacity of tbe ckrgy to te ^ cb tbe truths of religion , he would retire fioui that bar to his prison with a strong sense of the great injustice of the sentence . He most solemnly said that he did not instigate to acts of violence—that ho diu not commend it . The Lt-arned Serjeant bad sneered at hia

      iCoopers ) having u ; -ed tbe words " peace , law , and order . " Wby should be be sneered at for doing so ? Witnesses had sworn that he bad at public meetings cautioned the ptop ' e against acts of violence—tbat he hud urged upon them vbe p :. 8 ervatioa of the public peaci ' . He diti not complain of tbe conduct of tbe magistrates of Staffordshire : they kad always treated him with kindness . But be did complain of tho questions which tbe magistrates put to a witness . Tbe witness who beard bis speech at a public meeting was asked what was his peculiar look when be was making that speech , and tbe witness said in reply tbat his \ Cooper ' g ) speech was an " inuendo" speech . Waa the evidence of such a man to bo taken ? He

      tola tbe people that they were wrong to indulge in drink , or to destroy property . He na > a temperate man birasrlf , and had not tasted liquor for two tears . It had be « n said he talked about the harvest and yeomaxiy . The witness did nut swear to auy connected sentences , but merely 10 disjointed words . He hud cer . ; i : uly said that tb . re wcru only ten so ' dUra in a particular town , r ut ht did not cio so witn the view cf pr m .. titig violence among tbe people . He certainiy advised the stoppage of ell work t . li the Chartor wu . s obtained . The jiiin . u on the bench himself , said tbat be 1 Cooper' waa perfectly legal in rtuorumnnding the ce&s&tion from labour and the adoption ot the Churter . H ' - hud not tout the people to go and take possession of the harvest , and yet that had been

      charged against him , and merely in consequeuce of the witness who talkud of his ( Cooper's ) iiiut-nrl'i speech ut tlw public mtetinps which took placfc just prior to the outbreak . With regard to tbe evidence of Palmer when be was prL 8 .-ed in tbe Court , he ( Palmer ) said , tbat be would Dvt s * tar to Lis ( Cooper ' s ) having said that it was " right" lo commit acts of violence . It had been said that he ( CoopT ) had declared tbat he commended the men for " turning out the hands ; " he used the words , "turning oi ; t the bands , " . is a technical term , which meant merdj cassation from labonr . He knew as a democrat , as a man , that he bad no right forcibly to cm pel men to cease from woik . Tbere was no evidence to establish that b « bad instigated others to acts of violence . Th 8 St affordshire paper bad

      accused him of liitle Kas than tre . ison for examining Rowley in court for four huurs . Tbere was no doubt but that witness had committed peijury . This man swore tbat I was iu Stafford on the 12 th of August , a short period before tbe outbreak . Wny , a thousand witnesses were prtzpartd to prove that the statement of that wituess was talse , and the Learned Serjeant himself admitted tbut tbe witness bad taken a f ; i ! se oath . Andrew Rj ^ rlty said that be ( Cooperi ta ked ak'jut the Qu-. tu's bastards , meaning , as he subsequently declared , that I meant illegitimate children . When this ttan -was pressed be could not say what Qu > en I referred to . Ha entertaiutd great admiration for her Majesty . Ho knew what every person acquainted with the papers knew—that the flrBt act of h / r pre'tnt Maj ^ aty wbeD she ascended the tbrone was to banish from tbt- }> ai ; ice tbe iUBxitiui ^ te children of the piec-jiiini ? niomrch . He most tsmpbaticdlly declared tbat be never ottered any language disrespectful

      of the reitjnint ! sovrrci <{ 1 . It was altogether falae He b& ' . l alway b said , tbat if a t * nth part of the population c-f the kingdom would couie out unarmed to support the P-ople ' s Charter , it would become the law of the land , and he repeated that now . The Learned Sergeant had rtfLcted upon his democracy for asserting that o :. e-ten " . h par ; or the minority should atiain tbe Charter , but the Learned Sr , i jeant must be aware that the mass of the people were always uputbetic and tbat every great work had been achieved by tbe energetic few . The same thing had taken place at the time of tbe R-. arir . ation ; it was Die act of un energetic few . He meant nothiug about ar'm ; the people , were far too poor to purcha'e arras . A witness had stated tbat he ( Cooftr ) b ; a toJ : i the people to no away and attend to thtir business . Was that a mode of betting fire to people ' s houses ? AU the outbreak ;} and the fires bad been occasioned by the anti-Corn Liw L ; ague . The poor people were now sayiD # t . iat there was no G ^ d , or he would not have allowed them to snfft-r so much .

      This error he had always endeavoured to point out , and to assure the ptoplR tbat *» heu tfety looked at tbia extraordinary world rf contrivances there evidently must be a great contriver . It was because true Christianity had gone oot of tbe land tbat things had ceased to be in common . When Christianity retuiDtd , then the true brotherhood , or wl , at people called Socialism , Would again exist . They stood there to say they were not the encouragera of the ru traces that bad taken place ; they knew Dothici ? of them . The reil au hor of tbe outrages waa Edward Abineton , he was proved to have iu his possession a silver pencil case * the property of Bailey R .. se . s '^ it-u when tiin house was burnt down . Be bad asserted tbat h * intended to have the initials taken out , hiOe it in a bottle of oil and get bis own

      ini . iai 8 tngr . ivfcd , when ail suspicion was lulled . If it had not been fur bis ignorance of the rules of the Court , he could have brought otLcr stolen property home to Aningtoi ; . He was seen on the night of the fires ruboiug his hands with glt « and saying what a glorious biBze it wouiii be , when tbe bouse caught fire . He was at Fi .-nton , when tbe outrages took place , givingdrink to tbe m n who were ru « h ; utj to the sceno of violence , he \ t wus - * ho threw out money to encourage the men , and asked if they knew where Bailey Rose lived ; was tL-H inuei do ? Yet fce vr < is at large and encouraged , whilst tbry were to be consigned to a felon ' s cell ; yet this was a witness whom tbe Learned Serjeant termed respectable , a man who fainted in court from the enormous weight of bis own perjuries , and one whose conscience wouid not support iu his villainy . He , the calumniator of

      the injured Ellis , who was convicted on bis evidence , though he had previously declared that be was not at tbe fire , or be , Abington , most have seta him , though he only swore he saw him for a few minutes , and then only a side face , and though Ellis distinctly proved an aiibi . yet , on the evidence of thlB convicted felon , this perjured tool of the Corn Law League , was the noble Ellis sent across tbe seas . This Abington was tbe confidential servant of Mr . Ridge way , the great ' Corn Law Repealer , was entrusted with the education of his child in the business , was a delegate to that Conference in August last , where such strange resolutions were passed , which assembled only a few yards from tbe present Court , and assembled to defy the power of the Government , yet these men were at large , wearing their honours thick upon them , whilst him and bis friend

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      ' the tw-pc <> r BhiW . \ aUi-Ts , wore Ui ^ o before ; ip > L- > n ! - suip . The htinrnn ' , Stream had aiu . yred at his icj-utatiouof Peace , Law , and Ordur , was it st . ra . ipo tbat a man surrounded by dangers with bouses in fl imeaarouod him , bhoulii insist upon tbe necessity of law ami order ? but it was in v > i ;> tbat he cried order , whilst a dem <> n like Abington rubbed his hands with glee at the sight of the fl imes . It was in vain that he cried Peace , whilst a demon In human form was inciting and tncouraping them to violence . They stood tb-ro to denounce Abini ; tou and the League , aa the authors ot the outbreak . What ciivd be for an impriaonmtnt of flve or ten yeara in tho causa of truth ? Ho should glory in it . But they complained oF injustice ; but they could not forget that num . eib of poor persons had b .-en sent over the seas for having bttn potLs ia these outravai . H « had heaTd the clunk ing of ibr . r chains lit ten o ' clock ut night when they Mtro buing s-.-r . t away . Among them was E IU , who h . - . d been convicted on the evidtnee of a'lnan who

      was the unnwiiiii" a ^ ijiit Anti-C an Lvv L .-a ? , ue , through which tbo w ? v . > le of the out-.-ae-s h : > A been occasioned . Tbe Lk-j ^ 'ib hud con ' te ; - led . that t ! o fiboiition of the c > rn laws wouL relieve the pour from tl . cir sufferings—he bad always urged the contrary . Ah soon aa those laws were altered thy manufacturers would reduce tho poor man ' s wages , and hv w ^ ulil soon ba in a worse condition than he was already . Hj had neeii about one hundred and sixty prisoners during the tiaio be was in gaol , and only ten of these per-urna were Cbartists , and the only person who had avowed himself guilty of participating in the outragos bad been i . isniissud from tbe Chartist society fur bad conduct . Ho urged tbat tbe manufacturers bad combined to injure the poor man , and wished him to join the Anti-Corn Law League , but thft poor msn said—it ia true tbe corn law mny be aD evil , but give ua the Charter , that is what w > : want . The defendant tben read passages from different pamphlets to shew tbe distress of the common ordur of workmen at Leicester and at thj Potteries , abd

      then abktd their lordships if they couhl wonder at tbe people becoming Cbartifcts , or th ^ t tbe starving po'ir should taks fire and bsoome participators in outrages ? A poor man , his wife , and four children by hard work at stocking making , if they had employment , could earn 143 . a week , but when a deduction was made from this for rent and other things , the net sum was only 6 a . a week for tbe support of a man and bis wife , and four children . CouM their Lordships wonder at these ptople becoming Chartists ? The defendant Cooper tben read from a Government report a statement of the existing amount of distress in Nottinzham , Glasgow , Leeds , and other large manufacturing towns . Tbe misery to wbioh he bad referred bad driven men to the contmibsiou of acts of violence under tbe idea tbat tbeir

      employers who cried out for cheap bread were leagued against them . If they turned Chartists they were treated as a public nuisance . If they turned Socialisu it was as bad . If they urged tbat there « ua no God , or H « would not permit such misery , then they were Atheists . If tho clergy , like Bishop Latiuior of old , were to ' gird on U : eir fritzs coats , tako tbe English Teotame ; . t instead of tha Greek , and visit tbe poor cottsgnra to see whither they wanted bread or clothing , then tbnre would hu no complaint of want of affection to the Church ; there would be no want of attachment to its ministers . Mr . Cooper then detailed the content that , until the few last years , prevailed in Lincolnshire , and stattd that he had imbibed tbe ennobling principles of dumocracy wb «* n on'y fourteen years old , by reading tbe glorious history of Greece ; but bis opinions then were only theories—he had then no

      practical acquaintance with other Biniibrly constituted minds . All were then contented and flourishing ; but even in Lincolnshire , discontent W 43 dow raging . Peel was now putting bis hand into tbtiir pockets . He bad never heard a Chartist lecture until he heard M ; ison lecture two years ago , when he went to Lfieenter in his capacity of reporter . H « tben found tbat tbe principles of the Charter were bis own principles . Till tbat journey to Leicester , he never k ew of tlie amount of distress which raged in the country . Mr . Cooper tben described his astonishment on bearing tbo low rat « ot wages paid in Leicester , and stated tbat from that hour be had determined to endeavour to n iievo the sufferers . He bad left a situation worth £ 300 a year on account of bis principles , sod would sacrifice everything to the cause of truth . He hoped that tbeir Lordships would permit him , as be felt much exhausted , to proceed with the remainder of hia case to-morrow .

      The Lord Cuikf Justice—We propose to hear yon out this evening . Defendant Cooper—I perceive tbat your Lordships ' judgments have betu prejudiced against mo by the various publications to which I bave referred . The LORD Chief Justice—I deny that we are influenced by any suuh motives . You buve needlessly occupied the time of tho Court by reading documents and papers which bave and can have no possible connexion with your case , and I cannot comply with your request Defendant Cooper—I feel myself physically incompetent to proceed with my case this evening . I trust tbat yt > ur Lordships will permit me to conclude tomorrow morning aa I have tbe most important part of my case to go in ' = o The Loud Chief Justice said tbat the Court had determed to sit that evening until tbe defendant concluded his csLHn .

      The defendant Cooper tben proceeded to read various extracts from the Anti-Corn Law Circular , embracing the sentiments of Dr . Bowi ing and others who were connected with tbe Anti-Corn Law League . He as-ked whether those who used this exciting and inflammatory langu . igs r > nd circulated it throughout the country by this League wtre not to bo proaocutud ? Wby Bhould not Dr . Bowr ' mg and tbe men who ttupporttd this paper be prosecuted ? The fact was , they Were magistrates ; ind members of tho aristocracy , and therefore they escaped with impunity . The Anti-Corn Lew League had employed lecturers who use language much stronger than auy that he and his aged friend had ever used . He referred particularly to the sentiments promulgated by Mr . Fiuagin , a person in the pay of the Anti-Corn Lsw

      advocates . Was Mr . Cobden to be allowed with impunity to say that tbree weeks would try the mettle of the country ? Mr . Cobdon , the owner of chenp wares and tall [ chimneys , tbe mocker of the people , bad declared tbat in tbe course of three weeks the people would nnderatand tbe merits of tbe Corn Law question—th&t they would not require physical fores , because the people were unanimous . That man bad used language len thousand times more calculated to excitd tho people to acts of insurrection , than auy that bw bad ever used . He would ask Her Majesty ' s Solicitor- General whether it was his intention to institute a prosecution against Mr . Cobden ? Mr . Cobden was a Member of Parliament ; but was that to screen him from the operation of the laws ? Then thtve was Mr .

      Sturge , generally called Joseph Broadbrim , who said he was a Chartist , but whom in his heart , bo believed , to be no Chartist , or be would consent to be called by their natua He did not wish to be uncharitable to a man professing the s . mie principle ; but he could not believe such a nwn to be sineeru . He had not taken up time wantonly or perversely ; he bad only battled tbe case as he thought he was compelled to do . It was justice to himself and to the democratic body to which be belonged . Had his Btrength permitted him he would huve defended tho principles of the Charter . The principles were not new ; they were tbe same which were . entertained by Fox , Burke , and other persona of great talent many years since . 2 vtn Mr . Pitt had said thosa principles

      were glorious and great . The defendant then argued in defence of tbe - 'principles of the Charter . In conclusion , he said , that whatt . ver the judgment might be his faith in the principles of democracy was unshaken and wauld bo remain , and whatever course might bu taken by Government to put down the democratic feeling all the struggle would be iu vain . Truth wan abroad in every cottage , and if the clergy would not teach the people , tbe people were t ; iught by some means or other . The schoolmaster was abroad , light waa dawning in © veTy comer cf tbe kingdom . Tne people felt it waa wroDg that they s ' uouid bo compelled to drag on an existence , and work aa they did , to pamper those who did not work , and who tyrannised over them . Lot tbe Government become fatherly

      nnd tbe protectors of the country and a change would soon take place in tha minds of the working classes . If the prtst'iit evil system of Government continued , bis Lordship mu . « tnot think tbat would bo tbe last time a Chartist would be brought before him for judgment . I trust your Lordsbip will hear me when I assert on behalf of the great democratic body of this country , that 100 trials and sentences would only bave the effocts of i \ creasing their energies and strengthening tbeir con ' victions . If he was sentenced to a dungeon , tho first breath of heaven which he drew on his release , should be expended in proclaiming liberty and tbe Charter . If , when ha w ; v « again released , he saw misery existing as strongly aa before , tbtsy must not think he would bo less anxious to effect a change . He believed he should

      do * . his from the natural feeliDgs of a benevolent heart . It was not that they were fond of uttering sedition—it was not thai they were desirous of a struggle , or being men of itrsperate fortunes , that they wore dv-nrous of a revolution—h'tving nothing to lose and

      desirous to serve them . The Judge at Stafford bad spent fifteen minutes in cpnimisserjting the distress of the poor . Their patienco . Under tbeir misery was a theme of praise in the House of Commons , and seeing that he had moved against this mass of human miseryseeing that they had better opportunities of being acquainted with it , and that tbeir hearts were rent till they could endure it no longer . Were not these causes to plead in mitigation of any strong language which might bave been used . He trusted their Lordships would reflect on these things , and not send him and his Snowy-headed friend to prison , especially at hiB advanced years . He thanked them for the patience and attention with which they bad heard him , and should confidently rest bis cose in tbeir bands .

      Lord Den man then called upon the counsel for the Crown to address the Court in aggravation , although it was half-paBt six o ' clock ; be thought the Court ought not to give more time to this case . Mr . Serjeant Talfoukd tben addressed the Court . It was wboiiy unnecessary for him to advert to many of

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      the topics irg' \ \ ., y ; h rteiendai-t ; t ' -e oic ^ 'T" he i ; : id ifa ' vvn 01 U , « lii ' . Ei . its > ti-nt prev : iilt .-d . * r . u-- £ t ' . e |»' ' classes were undoubt « . c . ly but too faithful , but- sm far from that forming anything like a palliation for the conduct of tbe defend mts , that was a most grievous aggravation of tbeir offence . One of the defendants bad alluded to language which he said had been used by some persons of " co . isi Jerable station in the country . All he could say was , that if these articles were either written or spoken in the terms the defendant had read , he had tio Bympatby with those who bad uttered them , and if toe partita were brought bsfore the C'Urt full and equal justice would be dealt out to them . No doubt there bad been great distress among tbe people in those populous districts , which waa greatly enhanced

      by tha disputes botwesu the wasters and the men : the latter had refused to work unless they had adequate wagos . This involved no offence , but was a grna ^ calamity , because it was a great calamity that the ties between tha higher and lower classes should bo placed in a state of hostility . His case , a ? ain 9 t Cooper was , that he w . itched hi ? opportunity ; when he saw thtir distress bad come and was increasing he ha . i then made speeches relative to the Ptopa'ii Charter , in order tbat he might turn the p- ' . saioi-. s of th « py&ple for the purpose of txc'tvng their minda relative to tbe Charter , which he could ' not hopt speedily to obtiin . The Lttirned Serjeant then adverted to facts , and rji-ap ' . tuhi f ed evidence of which tbe public have already b « en often put in possession .

      On tho 15 "h of August a nii * etinj ! was held at the Crown-b' . uik , and tlwtwo defendants attended . Cooper referred at tbat mcnting to the fieJd of corn and the soldiers , nnd called upon a person to m ^ ve the resolution that work should cease till tbe Charter became thy law of the land . Immediately af-. er tbut inettiusr had concluded , a number of p . ' -rs . iM . who ha . i been pre .- * f-nt , and had heard' the exciting Uinguue of C-joper . commenced immediately comruiuing various acts >> f a ' ppre .-dution . They attacked the police-office and r , iloased the prisoners . Th ^ y broke op ? n s » -v < ral houses , set fire to them , ani destroyed the furniture . Where was Cooper at this period ? At tbe commenceRKmt of these outrages Cooper was stationed in a bouse , receiving from Mr . Palmer accounts of tho outrages' which

      were being cummittbd , at which he ( Cooper ) exclaimed , " That is tbe way to do it" Cooper did not upon that occasion protest against t&ese acts of violence . Shortly after that both Cooper and Richards headed a procession singing a Cbartist hymn . Cooper certainly urged the mob not to ^ et drunk , but what be actually said was , " Do not get drunk because you will be detected . " He ( Cooper ) had toid the rioters that they had done rigbt in turning out tbe bands . He could not conceive haw any man who bad passed a resolution to the effect that the working men were to be forcibly turned out , and that no man woa to be permitted to work until the Charter was » btained , could ask for a mitigation of punishment If such a proposition was advocated by the defendants , a d that was most conclusively established , then he ( Mr . Serj ^ mt Talfourdi maintained that Cooper was guilty of an © vert act of hiph treason . There was a direct connection between the speech of Cooper at the meeting at the Crown-bank anet the acts

      of outrage which immediately followed tbe breaking up of the assembly . With respect to Rictarda , although not at tbe meeting to which be referred , yet he was with Cooper when be received the accounts of the depredations of the mob . There was no doubt Richards had UBcd language having a direct tendency to excite tbe people to acts of violence , and ouzht to be held responsible . Cooper bad not during bis trial called a single witness to prove that there was tbe slightest connection between these outrages and the language used by members of the Anti-Corn Law League . He did not wish to press heavily upon the defendants , but that there were acts of violence committed , and tbat these men were directly connected with them , there eould not be a question . Tbere was not a doubt upon that poiut . Having taken a part in tbe trial of these men in Staffordshire , be could net do otherwise than state to the Court the reasons wby he thought the Court ought to pass judgment without any mitigation of punishment .

      The Solicitor-Gknekal said the defendants were convictto of m / sdciueanour only , but it was of a must ferious character and called for a serious punishment In cons quince of the state of the Potteries , it , bail been tiuy 10 excite them to detds of outrage and to do tbat wbich was contrary te the law . He believed it was not tf : e misguided men who bad already been punished that w- rts tbe rr . sst guilty patties , but those by wiiom-thoy b . n . 1 been excited . Tbe two defendants , « i : htwo occer persona who were now suffering punishment , h . id met several times before these outbreaks ; they had frvqumtly addressed the people in

      language which tended to txeHe them to acts of violence and outrage . Cooper had addro-std th-. ni the very day before this outbreak took place . The nWo wiwalthe time in a great state of excitement , but th ^ y did not flnd ' Cooper using on « word having a tenduncy to c ; t ! m them , or to bring ba ; k tbeir minds to a sense « f their siiuiUum . Theru was no remonstrance or attempt to atop that mob when about to commit those outrages . It was for tbe Court to say what punishment should be awarded to him . As regarded Richards , he would wish the Court to give every leniency on account of bis age ; but he appeared to have taken a very active part in the different proceedings .

      Mt . Richards a id Mr . Godson did not address the Court . Mr . Justice Pattf . son then deliver ; d the judgment of tbo Court in the following words : —Thoniaa Cooper and John Richards , you have been cenvicted upou an indictment which charged you with unlawfully , wickedly , and seditiously conspiring , combining , and confederating with divers other persons unknown to raise and nicke routs , riots , and seditious and tumultuous asseni lies and meetings of large numbers and bodies of persons , iu breach of the public peace , and to indie , provoke , an . l procure large numbers of persons at those meetings to mtet to resist and obstruct by force of a . nus the eXecntinu « f the laws , and tbat for the more effectually carrying out the said purposes to come there

      aruibd with guns , pistols , and other weapons . Tbat is the ch . irqe hid in the indictment , ami it gees on to say , that in furtherance of the con .-piricy , you and the other p-. rsons did with force and ar » is , at Burslem . unlawfully and seditiously addrsss and speak , and in the heariug of , divers bulj cts of the Q men , divers false , lioelluus , scandalous , snd iLflaaimatory speeches , with intent then and there to excite &nd persuade them to discontent , hatred , and disaffection of the laws and Government of the realm , and to resistance nnd violation of the laws and constitution of the Government . The charge therefore is , that of having conspired together for the purpises here stated ; and then the tndictment goes on to state that when the assemblies did take place

      the seditious speeches were made in furtherance of tbat conspiracy , but the indictment is not for the speeches but for the conspiracy . I mention this because it is of great importance that it should be known what the charge agains ^ you was , because you . particularly J . ohn Richards , in addressing the Court have laid before us your opinions with respect to certain political matters which you oil ! the " People ' s Chartei , " as if you supposed you had been persecuted either for entertaining those opinions or expressing them . The case is not so . The indictment does not charge the holding of any such opinions , or expressing any such , or endeavouring to persuade others by argument and discussion to entertain tho ? e opinions also . No such indictment has b ^ en preferred , and therefore all you have said with respect

      to your right to entertain them , with respect to its being right and wrong , is nothimr to the purposo in the present charge . Every man has a right to entertain surh opinions as be may think fit with respect to the institutions of the couutry , and with reBpect to the possibility of their being made better by alteration , provided he entertain them , and if hd disseminate them , dotes so in a proper manner , nnd relying upon the : change being made by that constitution of the country , entrusted with tho power of sinking that change . All tbe people in the country have uo right to make that change . The charge therefore is not of entertaining any opinions with respect to the Peop e ' s Charter , nor of sivins publicity to tbo 3 e opinions . A qain , in the address made by you , Cooper , to the Court at

      very great Ian th , you have entered fully and at large into the statement respecting speeches and publications supposed to bavp been made by other persons , and which aTe supposed to contain very strong , very seditious , and very ir . flimmatory lauguage . You have at length entered into them , and the Court was unwilling to prevent your doing so because yon seemed to consider it wa 8 material you should enter upon that line as your defence , not as a defeuce to this indictment , be c . iuse you are not now making your defence , but were here addressing tbe Courtaf ter conviction in mitigation of punishment , and not on any motion to set aside the verdict found by the jury , nor on tbe supposition that the verdict was contrary to the evidt-uco , but v <> urge duoh things upon the Court as mi ^ lit induce thtiii to see if

      they coutd , as they are always glad if th y c . c . mitigate the punishmont . You made many ststfcinbnts with lespect to the publications of other persons , and particular observatior-. a to show th' a grsnt many speeches and publications had tak-n place by persons vou call tho Aiiti-Corn-Law Len . ; u » . It is not q- 'ito clear with what object precisely there observationswere laid before the Court . If intended to inculpate the Corn Law League , to briny any cfcargo against them , to hold them up to censure , they are not before us , and wo cannot take it as a fact that these things tvere published by them at ail . If we had teen your affijavit , sttting that these things ha < t been so published by them , still it would be tbe height of injustice that this Court should allow persons who were absent to be incuip-ited and ceasured by anything that might pass in this court without their having an opportunity

      of meeting tbe charge or showing it to be false , and therefore it would be wholly improper for as to suffer such observations and accusations to be put upon tbe flies of this Court by way of affidavit . If these observations were made with a view of inducing this Court to believe that you had been partially dealt with , as it seemed to me they were , because you said tbo Government bad acted partially in preferring an indictment against a poor man , and passing over what had been published by other persons in higher stations in life ; if tbat was your object , then , we will suppose for the moment that snch publications bave actually taken place , and we might do so without casting any imputation on any person supposed to have been the uutkor of them ; but this Court has nothing to do with that ; it does not deal with the rich in one way and with too poor in another . Any accusation brought against a man ,

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      b- * > jft rich or poor , the Court w'i ] rVrl -with him aa tv la s of t&elunii r-quir . s he ebyujd bndtalt with With " out reference to the question of wealth or poverty t C- ^ urt doss not institute proceedings against any to " thty are brought by others ; and therefore this c mrt "' not to be charged with administering the law on ? w for the rich and another way for tbe poor , because th rich men has not been brought before the Court at all * If these things did actually take place , it was the duw of other persens to bring before us the parties so acti and then it would be our duty to deal with them b ^ t it can be no excuse for any man found guilty of offence to charge other persons with havin g committeS a similar off nee who are not prosecuted and bron » w before the Court ; that can be no excuse for any riL Th < j pissages you have read and the las ^ ua ^ e whc k you say has been used on various occasions app ? ar j ?

      have been of a very strong irflimmatory and wicked description , and I do not at all hesitate to say , that if persona have been guilty of using that language de ' liber ate ! y and intentionally , and it is brought clearly horo " to ttirm , no doubt they weuld have committed a seri our offonce for which they would be severely punish « l " and it may be that they ought to be brought befu » the Court ; hut the Court cannot tell that auch things have taken place . Bat , indeed , if any evident bad been produced on the trial , to show that thc « a publications bad already taken place , that they had been disseminated among the people whom yon ad dre ? sed in the month of August , and that these people had been excited to acts of violence by those publics tiuns . or if it could have been proved that agents had been iu tbat sti

      neighbourhood rring up the people to acts of violence , if you could have shown that th ™ committed acts of violence at the instigation of others and you bad nothing to do with the others , it woalrt bave been a ground for an acquittal , or it might afterwards have been a subject for the consideration of this Court as to tbe punishment thf-y were to pass unOn you ; but tbere is no such evidence to be found of any . thing of this sort—nothing bnt mere surmise on 5001 part with which the Court cannot deal . Then , snp . posing ther . T was some evidence of the peop e having been excited before , if that were known to jou at the time it made it incumbent on you to take care that you did uat , in adverting to tbe People ' s Charter , ad d to tbat excitement and discontent . Take it in any

      way , there is not any evidence which enables this Court to fix npon aDy person as havfog been the instigator of what took place , or that can eve n form any defence , any reason wby we should not pro . nounce our sentence npon the BuppoBition of any other person being concerned . In the course of your addrest you have repeatedly urged that the jury were induced to find a verdict against you , as if it was a wrong verdiet , because it appeared you had been in the course of your address on the 14 th of August speaking very strongly with respect te the bishops and clergy ; anJ therefore yon thought tbat it was to have been taken that you bad instigated the mob te set fire to Dr . Bates ' s house ; but no such argument took place at all . it ig clear that the jury found their verdict upon the general

      evidence , upon the whole case taken together , upon the conviction that , there was a combination between yon two and otherB . And with respect to any speeches made or language used towards the clergy , it was a mere circumstance , not that you bad been the cause that bad induced the peoplo to commit the destruction , but we ses here the state of things which at that time ' existed , and , what has been stated already by the learned counsel , bow , before you went into the P otteries in tbe month of August , there had been many people out of employ , there was great distress in the country , much dispute between the masters and the workmen with respect to wages , grsat hostility existed as early aa April . It appears tbat a great many were out of employ , and it was put to the jury with respect to that

      circumstance in the most favourable view for yon thsi oonld possibly be , because the Learned Judge told tha Jury a workman had a rigbt to demand what wages he thought bis labour entitled to , and that he was sot obliged t ( t work for any lower wagea—that he hu « rigbt to stipulate for what wages he will have ; and do doubt tbat workmen , if they agree as to wages , if it d done peaceably and without intimidation , may do so , and not commit a breach of the law ; bat then whea they came to another matter in which it was clear you bad recommended to all persons to abstain from work at all , no to inaist npon having particulariKjes , bat r < commending all persons to abstain from wtfflEng altogether until the Charter became the law of the land—¦ that matter is a very different one indeed . This Court

      does not say it is lawful for any men to combine not to ' ' 0 any work at all , and that it is clearly illeg&l for persons to compel other workmen throughout the whole country to abstain from work until the Charter becomes the law of tbe land . Tbat is an act which has been characterised as an overt act of treason ; at all events , it is most unlawful . When we consider the number of persons that were at tbat time ready to commit any mischief , and did commit all torts of outrage , although you say they were not Chartists , the mischief dene by addressing a large number ot persons indiscriminately must bave been apparent It might have been different if you had been addressing youi o ' . vn club- Several meetings were held where you addressed the people , and even after you had heard of the outrages you addressed them , but you did not eay I will not have anything more to to with you , you are not the men I took you for . It ii

      clear the jury were well warranted in their verdict You told tbe people not to steal , but you told them not to work , and they must have a subsistence , and the inference , therefore , was clear . As to th « de > fendant Richards , it appears that he used words with respect to her Majesty—tbat he said " To bell with her , " and other language equally improper , and it is clear that you were combining together fertile purpose charged against you . Taking all the circumstances into consideration , and that you . Richards , are much advanced in years and have been already confined some time , the Court thinks it right to make some distinction iu your punishment . Tbe sentence of the Courtis—that you , Thomas Ceoper , be imprisoned in Stafford Gaol fo : two years ; and you , John Richards be imprisoned in tbe same place for one year ; and in the meantime be committed to the eustody of the Marshal of the Marahalsea .

      Cooper then begged that he might be allowed to remain in the Queen ' s prison . The Court would decide in tha course of tbe term . Cooper then a » ked if he might have literary privileges allowed him , but The Court said it could not interfere with the regu « lations of the prison .

      MONDAY , May 8 . THE QUEEN V . GEORGE WHITE . The Attorney-Gsneral ( with whom were the Solicitor-General , Mr . Sergeant Adams , and Mr . M . D . Hill ! moved for the judgment of the court on this defendant , who had been convicted at the Ia 3 t assizes at Warwick , foT using seditious language at certain public meetings at Birmingham , and in placards and letters issued by him . The defendant appeared on the fl ^ or of tbe court , to speak in mitigation of punishment . Mr . Justice Wightman read Mr . Baron Aldeieons notes of the trial .

      The Defendant then addressed the court He complaiaed that he was ill-used , for he wa 3 pr osecuted mevely tor matter of opinion . He was a . Chartist , ana that was tho reason be was prosecuted . Every mm who had opinions would , if he was an honest man , express those opinions . He would do so- Nothing should prevent him from doing what be c onsidered to be the right of an Englishman . If magistrates chose to turn fools , that waa nor reason why ha should give up bis rights as a man . The meetings which he wa 3 prosecuted for attending had nothing to do mtntne turn-out . They were held to discuss Chartist principles . There was no seditious language used at those meatings . The witness who speke to gush words having been used , bad admitted that * be w ? s a prostitute and all

      and a thief . She was not fit to be belief ; the witnesses bad admitted that he had told tha p-opie U be peaceable . Why was he brought to the court . If it was the intention of the Judges to bring the law into contempt among tbe working peop le , this was way to do it . He could bave brought the tradesmen fjom two streets who would have sworn that tnere w « no causa for apprehension . The police cou'd no , nna any tradesmen who would give evidence against frm . If because persons differed in politics , tbeir woros were ta be watched and turned abou » , nn < l tfeen neld v > be seditious , their Lordahipa wonld haw cot ! : n ? else w do but sit there and try persons for that offence . l ^ B evidence was of tbe most trnrapery description , aaa tbe witnesses were so ignorant thn / could not repeM to

      one sentence after another . If they »^ re not attenu public meetings , what would teeonio of the poo working c ! : isn-.. -s ? It was better and more , 3 Biyw stand up a ~ ii aw » w your principles thin to seujK . ¦ " > corner and be ; a .. e onspir ; it « u-. an Ions ; aohe tcit t a system win toini ; on v > h \ Sa . rjurtri aim , h . 3 w _ ° " . txpr .-aa his suauiuonts . t . ad do whs ' , be coals »" suffering c ; -ii-urynitu . Ta : k of la ^ v , hovr couia * working . linn ooi : i < j to this court for justico i ( he cm not prodiics a . suju of niui ; ey ? T ., ei < j was no la « > ° him , aud tu « i-fore be called up- n the court to P- ^ tcct ban . ai . ' . he trusted their Lordships wouiu not ailovp him to bo ha : \ ied about in this manner ; to they wimM slow to the country that tharo was s .

      justice for tha working man . It wuuld have done m < 3 : cu ve spirit . If a rich man had aturteo uy a :. d reoom ! i ! i .-Diied the people to attend a public w ing , wouid that man have been indicted for Ef | 1 " 0 ' . j Certainly not . It was not a crime to do that w ° : cfl ^ j . jury had dtciarednot to be unlawful . Part of tne flea Uou charged against him was only proved by a * " *! . ' ignorant fellow , who had slid he ( White ) had torn w men to be prepared to stand against the police , an bring their jackets with them , and bring ^ . i ^ . jicket-pockets . What sense waa therein this . « " ~ 1 hAv w « r « tn hriDp' tha police in their jacket-pocKB ^>

      or their jackets themselves in tbeir jackei-pocs Mr . Biron Alderson had said the language was per »* nonsense ; but if he was to be sent to prison u Pf *" stuff as this , so bo it . Instead of bis being P lace ^ ht the Birmingham magistrates should have been bwui , ^ up for abueiiig their office , for makisg use 0 . tnsi- - paitry power to lay hold of a man who wasuo w ™^ of thtira , ha having been opposed to thair corp-Many of those persona before the passing 0 . m * - Continued in our seventh pai / ej

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      T H ¦ ft ^_ NORTHERN STAR

  • Citation
    • Northern Star (1837-1852), May 13, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct650/page/6/