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^^^ LANCASTER ASSIZES . ( Concluded from our fffl page . ) -j ^ t h&d lie shown them . In the first place , " sSWiaa theiecojniition of the light to strag-- > ISS S » -Charter , lien Shej had what consti-*? Jr * tumultuous meeting , and after thafcthev . ¦ | 5 j » nrosecntion of the Chartists for advocating S f tnBBpleB . The Learned GenHeman said-there j ^ flweB s " ' relaxation of the laws , by anorganic " " ^« which , had taken place in the constitution . «* * although the Reform Bill had left many with"Sj pale of the conBfitntion , yet impliedlv . as J ^ tT the Atto rney-General , it did grant an -S » of political power . No ^ an « onld . doubt _ LANCASTER ASSIZES .
2 « t- bat from the confirmation of the manner in SSfihat measure " ^ as forced on a reluctant Go-Sfflin eBt , the Attorney- General placedthe Chartists ]!*}» same situation in 1839 and 1843 , as tne Whim 5 S placed in , in 1833 and 1832 . Well , " JeOS Xjatrastbe inade . He would stand it . They were ~| s « eda 3 xonspimoT 3 . A man who would con-Sreto destroy anything by cruelty mnstl > e a cruel ^ j . He had ne ^ p been a crnel man In his life . fr ^ W raver inflicted cruelty upon any dnmb sisal . && he touz ^ ^ G 03 * ba * he never should , -jyjsat -sras the character of the late tnmults as conjn&S trith ihe carrying of the Reform Bill i } jsi the gaols -were full , but not for the same njjiKS . Let the Jury take the story of these
defend-^ ginisop hisfacated as it was , straggling for the ' -rightsi which those who called themselves thenatural jjjdefs of the people in 1831 contended they ought fcrlawj and he would ask , did they look Kke oonmnafors ^ Plaee tiem in the situation tha t the Hegn ^ Trerep lseedlnlnlBS- ? . Was Bristol in flames ? 5 s 3 >* oTCBgbam beta burnt 1 Where TOS IJiB Kin o a petticoats f—the crown inverted I—the bloody jifc t _ fte executioner 1 Where was all this 1 Bnt Ihea there was another party , and their motto wassfhejihaicieby the sword are better than they gal perish ihrou ^ h hunger ,, for their bodies pine * wsj , stricken through for want of the fruits of the j ^ i" He ( Mr . O'Connor ) had travelled through
fterj part of England , Ireland , and Scotland , at bis jirneipecse . He had spoken to millions of men aail ieiao never been prosecuted for a sin gle word ie uttered . He had bsea well vrawhed . Tneargus jje cf the law bad never been at rest , when be was jSirork . Wl-y Fox Mauls once sent a special spy ^ Kiiim to Scotland , for the purpose of entrapping ^ oaiL a prosecution . He felt honoured . He was not now grasping at mere fragments of facts to sko * tfcsi bo had been prosecnted . He had been jneseused ibTee times before . He bad been subject to trial for taking four lines from another idrspspaj to fill up a column . The paragraph jiated tb&t a poor little fellow bad been confined in
Wsnphster workhouse , and thai so great were his SsStriusMha * be actually bit off hia fingers-and a waca of Ins arm . This was not park of the Bbei—ii was the whole libel . Now , althongh la iau no more to do with the authorship of the paragrap h iban any one « f the jury , —aKhoBgh the paper in which it first origilaied was well known , —and althongh he | CTT 5 d that it was taken out of part of the mpresou , be ^ was indicted for a libd , and he jrsstcaad goilij . Wby ! Uecause they wanted a Qisrssj . The Govermnsnt could not charge him TOfl any act of his own . They next filed an ex-offido jB&naiEon against Mm , and pnt him to immense
expense . For thai be got axieen months solitary eosfiaemeiis in a felon ' s cell , in York Castle . This Trasihe treatment be bad received , and thus the Jnrj -sremid see that great prejndice bad been treated againsi ban . Perhaps they bad not beard WSJ Irish anecdotes . He w uld giro them one to Sostraie Ms o-ro position . Toere was once an old Mj in Cork , who had an old cat , and an old housekeeper . When the nonsekeeper became antiquated , all the crockery began to go . There was the china iowl—a great favourite What bad become of the ehim bowl ? u Sure , " says Molly , ** God knows , bnt ¦ the e » mus » bare broken it . " This was all ve ; y tfsB for a hit , but the sngar basin disappeared .
" What's become of fee sugar basin , Moily ?" "Sore , 1 doa ^ know , but the cat must have broke tiittoor" "Weil the « a \ must be given away , for irheacTEr anTtbing was nrssins it was always the B reacau" Tneredcat was at last killed . Ohlbm ikssalad bowl was missing . "Where's the salad towl , Mcllj r " Sure , I don ' t know , ma'am , but the rsd cat must bare broken it . " "The red cat , iblh , wby she ' s killed long ago . " " Wei ] , now , aaV ays Molly , " I have always beard that these as have nine lives , but now I ' m sure of it "—( great laughter } . Just so was is with him . He was tfce Tead cat in tMs movement . A riot took place in 1839 , and be was the red cat then . He kaew all
about it . 5 lsis yesr iewasibe author of theplaeard ib ^ nt which they heard so much . Whv , he never aw the ma ^ ujcript , or the placard itself , vfll it bad beenposied oaibe-sralis of . Manchester . Beinvsriibly put Ms name to bis own acis , and he woula sever Smcb £ rc-m thB responsibility of them . Much lad been said by some of the defendants as to their maiferenee to the verdict of the Jury . What had Bade them Cha * lists , bat the endsrance of what they bsd snSrred , and waai was It ibai was not to be proved against them ! If there was a diversion te be got up—if some silly fellow could be got to Hiooi at bis own hat , it was a Chartist movement to ihoot the Qneen . If there was a financial movement going on , it was a Chartist plot against the State :
w if a number of men rode u ? from Ecnt to Lontioi , n "was a Ghartist consBiraey to destroy ibe Qxsfs life ; itjra not by such absurdiiies as thasetbat greaipriiieples wej e tffbeia « Esn < nsiaraowir . Itwas by aca 3 m and dispisaonate inveEtlsation « 1 fi ^ imCthai iliB peopls of this country wonld learn ibe valce of the law . Let iiem be langbt to re ~ peet ihe law , and keep within its bounds , but let ij _ be so defined , that the simplest man among them Soght know wben he was stepping beyond the pale -of the law . Let tbe jury consider all the acts of the people during the late disturbances—rtbeir acts of emission and commission , and let them , in conjunction irith . this , take into consideration the condition
of th ? working classes ; and who shonld say that K > cause conld be found for recrimination and angry feeling ! But had this extended to anything like the length that bad been represented ! What was Jffi fact I Why , in the midst of the appalling desatntion and the . BuiEjring which they had had to l&dergo , the most honourable testimony had been MiBe to the heroic fortitude and the exemplary paiienee with wbieh they had borne their privaiions . The jury had beard the story of Pilling . This was the * ase of thousands , and be wonld ask whether ^ people bad not jnst cause for discontent and csatisficrion . Dnring the last three years , they ad had a royal marriage , two royal births , a jaupee for tie termination of two expensive wars ,
xad centrautlati-His at the termination of a peacefnl * art « r- 31 ey bad had the nulis searched lor ob-£ rts of Koyal clemency and debtors' prisons ad betD delivered cf their cheats , as a fit Bet of Persons to celebrate this jubilee , Mark the con-^ t . 2 > ot one single political offender had been fi * rated , akhcugh some of them were in the fourth » fifth year of their confinement , while , on the Koerhatidj tbkvc ^ , pickpockfcts , rascals , andTragabonds , of « verj kind , bad been thought fit objects of we royal riemeEcy . Was not ibis to fix ihe laws Bare strin ^ eiiUy on poHiieal offenders , and to make ae ease harder astinsi them ? If the verc'ict of « s Jnry should be one of guDty , it would convey no » ea of nicral efivnee . He was nos the man to
re-Hamesd say , ihe slightest infraction of the la its , jfc » « e- oidy * 2 fcc « ual ; way to secure the veneration « the prople for them , wzs to take care that they O | scrt a jnsiice for all . He bad practised for a length » timeag a barrister in his own country , and never ^ thecourse of that practice had be seen acy pro' ^ QEg aore calculated to inEpirg veneraiion and ^ Pect for the jaw than this . It formed a rery gra"Jttg contrast tc some trials which had taken place EUMi country , where persecution rather than jusiice * ss - £ e obj ^ c ; scutbi to be at tained . Ee woeld ™^ 5 'o analyze britfiy the evidence in this case , mm tie nuimer in which the charge against the cse adsats this attempted to be snpported . He fM aireacy shown them that Hildyard , the poueeisan had it in bis rawer to teh the antboriues aat
tfaere was a secret meeting abont to be held , « wnich be ( Mr . O'Connor ) was to be present . There * &sso difficulty in ferreting that ont , Ik was known » tse ^ pcliceTxian , and it was the fault of the pobcegw L he did not ccmmnidcate it . Then he came to *» ETidenee of Liitle , tigh constable of Hyde , and ? £ ^ EB £ ( 1 to hav e bad a strong desir e to entrap J *^ - * « is of the defendants , and to make him the jjjo cit" ef B jde . Eis statement was thai Leach «* iivGe abou 5 tie 2 Q ± ofAiignst , and then the wa oecsuie perftcily tranquiL That evidence was fT ® e pB ? rose of showing that Leach was the red «* there . Then came Hibbert , clerk to the magis-^ es of Bjde , and be said that the strike lasted | S TFeekir-rj-om the 15 : b of August , to tne 21 st of rfPkBlber , wilsh » r »< i » -TnoTit > i Ist ^ . r than ihfl DPriod
5 ° a Ijutle aid ttai tke p ^ pie began to iranquil-^ fl own . This was-most important . Kow , there ^ anotberye&tere ^ f this evidence , as showing the : **< mct of the people engaged in the strike , to g ** " « would beg to direct their particular atten-W * » v Jbeard-ftom Mr . Robinson , the son-in-7 * « f Mr . Shipley , thai on the lOtb of Augnst , a |» waasting of froa 160 to 200 persons , came to * f JniU , and turned oat ihe bands—that no resist-*? w wsg offered . Tbey returned to work on the r % wien another mob of from 600 to 1000 , £ *»? » ^ j ^ ied ' them to « ome out- They were ^ jnDing ^ in \ do sct « id &e mob was * $ sxs 6 ^ ' Let Hie Jaij jemark this extra-^« J & «»; When ' it iras sot Ihs interest of Mr . Zr&ST and . hJs . H » n-in-3 aw to keep their men at 1
C" / ! 0 De hnndKd men conld torn out two hundred , ^ Jfhen it was iheir ; interest that they shonld j tSv 8 * ^ Efcj P £ 9 hundred mes iculd drive away - £ » P of aihonsaDd , ; He would ad : the Jury whe-- £ ^ jntn ihB jjrgudices . -whieb . bad been created . ^« «» e Chartists , Jfrey were not astonished to 2 ? £ Jhat so little had bee& proved . They would be j ^ n npon rery Ehorily to prononnce a verdict "J 6 flT \\ k ^ ** bad never been anticipatfid before ** a Hie same anxiety . There was now is pffiee
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* ery O ^ r ^ ITL ?* tltl 0 DB on * De - Bubj £ Ct of this llSlP ^ Sw-L T J ?^ be 6 n ^^^^ of axty-five and SLnL ¥ " 3 ^ sas . jtjss m ^ mm tbelawTfiw ^ lUnsfcration of that relaxation i& sue law of which the Attornev-General snntA nf wh » r , fl ^ stronim * t rc «™ . .. . . . ' . ' .
¦ it & ^ n ^ * the Housa of Commons 1 If S , £ f tn eg& 1 *? ^^^ orthe charter , it was J : ^ - ? 163611 * Petition-to the House of Comh ^ A ^ enaotalBnt ; But ^ e fact was that they Sf Wn ! ^ ty of * large number ef Members of «^ Lrf ^ P ommoD 8 » thath WMnotoiily legal , bat BucMey . What did he admit 1 That nn b » A
K ? 5 ^!^^ 00 ox property in bis district , and he attributed that to the pacifio character of tbe speeches delivered . The speeches had prevented it . ^ r . Wilcox , another witness , had heard him ( Mr . u txmnor ) address the people , and be bad told the « inry , that the tendency of his speeches was to peace and the preservation of property . He begged again to call their attention to the evidence of Buck-Jey . Itmigbtbave been supposed that the witnesss was snbpceaed for the defendants . He said that the hands turned on * on their own accord , and
that the ^ district was tranqnil . But thoro wissomething more important than this . Tney had the important admission from Bncklty , that he had instructions from the Magistrates , to report to them everything he heard tending to a breach of the peace . Had be reported one wcrd of anything of the kind ? No . Now , just before the outbreaks , he iMr . G Connor ) was in Eonh Lancashire . B : it before he allnded to that let them see what was stated ^ bj tbe policeman M'Cabe . He , too , bad give instructions to attend meetings of the people , for tbe purpose of bearing what passed . He did receive reporte from all other meetings , but when the "grand conspirator 7 made a speech at Burdey ,
although M'Cabe was within ten yards of the tent erected bv the middle classes , he did not go to bear one word of what was said Wby did he ( Mr . O Connor ) go to North Lancashire 1 Just prior to the transactions referred to in the indictment , he was accused of being a coward , in not goiiig down . H < , received letters both from the middle and working classes , stating that there were spies among them , and requesting him to go down . He did sOi and after he left the place , there was no disturbance of the peace . He appealed to the magistrates , one and all , whether it was not his presence for a week , in North Lancashire , which had prevented an outbreak ! He told tbe people to fold their arm ?
and do nothing , for that as sure as they followed tbe advice of those who wished to urge tbem to a contrary course , would the betrayers stand in tbe jury box , while they ( the people ) would be placed in the dock . What was the consequence ? Ha was publicly charged with being a Tory spy , and with receiving the money from the Carlton Club . He had travelled through tbe counties of Yorkshire , Lancashire , Warwickshire , and Nottinghamshire , to caution the people agains ' . being led to the commission of any act of violence to person or property . He was not there contending ih % t no disturbances had
taken place . It was natural to suppose that if the hands Were to be turned out , they would become exceedingly nnrnly . But was it the Chanists who turned them out . Certainly not . If be was asked whether they recommended those who were out to join in the agitation fur the Charter , then he pleaded suiity . They had done that . Let them see what it required to convict a man of conspiracy . He left Loadon on tbe loth of August , for Manchester . He was known to "have been at the anniversary held at that place , on the 16 th , for several years past . No act of his , calculated to carry the conspiracy into effect bad been resorted to . There did not exist that
which was necessary to constitute a conspiracy . II he bad been a conspirator , should he have borne tbe character which had been so generously accorded to him by the Attorney-General ? If he had intended a conspiracy , would he have destroyed the force by which hB hoped to accomplish his design ! No . From tbe beginning to the end , he bad deprecated violence , and every thing calculated to lead to it . But he would not rest satisfied with tbe case made out for him by the
Crown . He should produce evidence to show thai from time to time when be left London , till bis Tfcturns he gave instructions that all letters addressed to him during hb absence , whether pnblic or private , should he opened . So anxious was be for the maintenance- of order , that he left instructions to the publisher of the Evening Star , of which he was tbe Editor , that irany article ? of an improper character ^ carasca ^ f&nnsertldn'SQlhig ~ hlB absence , they were to be returned to the writers . Nor would he he
content wita tBiSi Ee Ehould prodnce before them mill-owners , men of property , men of wealth , men of character—those who bad known him for seven or eight year ? , and they would speak to the effect which bis speeches had bad at various meetings in the country . Ah ! conspiracy I The Crown knew well that there was no such charge against him . But said they , —have something that will catch the red « at—take care you don't let the big fish escape . He looked npon this as a godsend . Nothing so much proved the weakness of a Government , strong though it might be in a majority in the House of Commons , as a desire to put down public discussion . A majority in the
House of-Commons was one thing , and the majority of the public mind was another thing : and the present Government well knew that powerful though their majority might be , it could not stand for a month against the well-direated opinion of the public What ought to be the constitution of the country ? It ongbt to be the best digest of the living genius of the day . There was not one point of the Charter which was not recognized , even by the strong GoTemment . They had tbe ballot . As to the no-property onalifiation , it already existed , for tbe Seotch members had no properly qualification . They bad Universal Suffrage recognizea by tbe strong Government . He conlo . imagine how delighted the
Learned Attornpy-General wonld be when addressing tbe pot-boys of Huntingdon , at a general election , to bear iherat-tat-too of tbe ChartiBts coming to help him lalangh ) . But , the LearnedGentlemanand his friends on getting possession , like wily tenants , would now dispute the right of the lessee . Having succeeded in obtaining power , by the people ' s hatred of those who opposed them , they thought they were secure . It was because the "Whigs disregarded public opinion , that they were sent to tbe bleak side of the treasnry , and the same disregard now evinced , in the disrespect manifested of tbe highest authority of the Lords and the Commons , would drive the strong Government from tbe strong position which
they now held . It had been his intention to have carried the war into tbe enemy ' s camp , and to have asked them from whom had tbe language most calculated to lead to the offences charged in this indictment bad proceeded 1 But he bad abandoned that intention . Why ? Not because he did not think that much stronger langnage had been used by the party to whom , he alluded , than bad ever emanated from ihe Chartist body , but because ha vrould not make out a case of prosecution against other parties in another place . Before he concluded , he must make an appeal to the jury—not in the words of the Attorney-General , for he was not gifted as tbe Learned Gentleman , but in the same spirit as when
he , addressing a jury at Monmouth , on behalf of Mr . Frost , made an appeal to-them as to the effect which a verdict of acquittal in ihe oase would have upon the pnblic mind . But before he quoted the words of the Learned Gentleman , he would allude for a moment to tbe attempt which was made , after the prorogation of Parliament , to suppress public meetings . He thanked God that be lived in a free country , and he said it vfith pleasure and with pride , that—administer the laws as ihey onght , and there was not such a country under heaven—strain the law , and there was not such a country for persecution . The most suicidal policy that any Government conld adopt was to attempt to pnt down public
meetings . They had been described by Junins as announcing the approach of the thief , and preparing the people for his coming . Why had they been able to keep the irritated mind , wriihing under tbe iEiietion of accnmulated wrongs , in comparative subjection ? How was it that they bad been able to keep down the turbulence of the people ? It waB in the hope of having the Charter , and the hope of having it by apeaceinl straggle . He bad no idea of any other principle superseding or ont-topping the Charter . Bnt the people would not fight for it . They knew that they could carry their principles by moral force , and by that alone . Something must be done . If nothing was done fox the people , some'reason
mast be assigned for it . Tbe Government might attempt to put down the Chartists , but did they £ hink they would succeed ? Some persons asked —why don't you indict tbe League ! Perhaps the Government intended to put down tbe Chartists first , and-havingionted the grand army , they might deal with the stragglers in detaiL The Aworney-General , in openiDg the case , had observed as much prudence and moderation as be was well able to do . If ihey were Jdiermen they had seen tbe golden fly attempting to seduce the unconscious fish , but tbe fish little knew that there was a hook , when he began to nibble . So it waB with this Government prosecution , They bad but seen the golden $ y on
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li m- "iTr - ^* " ^* BtfT" ' ~ " "" "' ' '" " " ' « ' mrface ; there was the hook which yet remained to be phed . He called up * n the Jutj , therefore , to be cautious in giving their verdict . On that point let them see what were tbe reasons which the Learned Attorney-General urged in favour of an acquittal of hia client at Newport , and whether the same reasons which applied there did not apply here . The Learned Gentleman said J trentlemen , under these circumstances , I again say thaM know of no public measure that would tend so much to the honourof the country , to the peace of tha community , to the quieting of that alarm which this iamentaWe transaction has created , than a verdict of XMot Gmlty , ifthat verdict can be Pronounced with ^^^—*
trutn . it is no question whether you can safely pronounce that verdict ; the single question is , can yooi pronounce it with truth ? lr you can , it would oe the largest measure of safety to the country . If you can assure Her Majesty's snbjecfe in all parts of her dominions here , that these thousands upon thousands did not meditate rebellion ; that their object wa 8 , t 0 enforce some claims on behalf of a suffering p * t j ? hartist J that the accidental circumstance or their hndmg perBons whom they were determined to rescne at the spot where they had meant to make only a demonstration of strength , led to violence , and that the instant they found that lead to bloody ^ "f ^ ce , they fied with terror and dismay from a neid that they never had intended to enter . Such an
assurance will be attended by the best results . I say , gentlemen , that nothisg could occur so much to re-assure this county' and the kingdom at large as the verdict of Not Guilty , if yon can truly pronounce it \ and 1 believe there would be more safety in that r l ? b u trne ' than tf 1 ?> 000 troopB were parading the diiterent parts of tbis county to enforce obedience to the law at the point of the sword . " iSow , the Attorney-General might meet this by saying— " I say so still , providing you can do so with truth . " The Jury would judge of that , and of the moral effect which an acquittal at their hands would produce upon the country . This was , perhaps , ono of the most important trials that ever took place in the country . There had been a new
precedent established in this case . Here they had fiftynine persons mixed up hodge-podge in this monster indictment , which almost required every defencans to be a lawyer before he could understand it . For himself ^ feeiing a deep interest in the fate of every man involved in this inquiry , he felt confident that tbe utmost vigilance and ability had been exerted on ^ he part of the Learned Counsel who had appeared for some of the defendants . He stood aloue . if his case was a geod one , ho relied apon their love of justice—if it was a bad one , he did not expeot a verdict of acquittal at the hands ofacy Jury . Ht = left his case most confidently in their hands . He had possessed the confidence of the working classes of this county for a series of years , and although it was no easy thing for a gentleman connected with the aristocracy , to secure the esteem of those who thought that the aristocracy were their common enemies , he rejoiced to say that he had
preserved his character unstained without a sin ^ e missile b . ing aimed at it by any man living , except that ho was a Chartist demagogue . He was a Chartist , bin he was not a trafficking politician . The Chartists sought no bloody revolution . They wanted the Charter , but they meant to obtain it—Jiot by the clang of arms—not by the discharge of musketry—not by the roar of artillery—but by the peaceful struggle of right against wrong , of justice against injustice , of knowledge against bigo'ry anJ intolerance . He left the case in their hands , aud trusted that they would pronounce by their verdict that the day is not yet come when free discussion was to be put down ; bat that by an honourable acquittal , which the evidence would amp ' y justify them in pronouncing , they wonid add another link tothe triumph which the cause of truth and justice had achieved in this country , and which he conscientiously believed was hastening on to its final accomplishment .
EVTnESCE FOB DEFENCE . Mr . William Scholefield , examined by Mr . Cobbett . —1 am son of tbe defendant . 1 reside with my father . On the 16 ih of August last , Mr . O'Connor came to my father ' s house . He slept at out house ihat night . He was called up at half-past two in tbe afternoon . We did not expect him . My father went out of the house very early in the morning of that day . He went to gel some placards printed . It was very near six o'clock , when he returned . The placard now produced is one announcing the postponement of a meeting . Mr . Kearnan was the printer . 1 was sent by my father to get tbe bills . 1 placed some on the walls .
By Mr . O ' oonnor—1 remember your telling my father : o go down to the tea party at the Carpenter ' s Hall , and make an apology for your not attending , in conseqnence of the excited state of the town . 1 recollect there was a long ; conversation in the family a 3 to whether it would be prudent for you to attend . It was ultimately agreed tnat my father should go and make an apology . By the Attorney-General—I don't know how many persons were in my father's chapel on the night of the 16 th of August . 1 did not go in . I know there were some there , because I heard them passing the surgery window . I went to bed at ten o'clock . There was a light in the chapel . I don ' t
know any person who was in the chapel , except Mr . O'Connor . 1 don't know who furnished the candle ? , except it was my brother . He is not here . Mr . O'Connor went into the chapel , when my father went to tbe Carpenters' Hall , which would be a little after . seven-o ' clock . 1 can't sky how many persons passed the surgery window . There might be sniozm When mj father returned from Carpenters' Hall , ho came imo the surgery to me . He was not , in t ! te chapel during that night . 1 did not see the address of tbe Executive Committee before . Thursday , the 18 th of August . 1 do not remember any person coming to tell my fat . er that Turner , the printer , had been arrested .
John Nonhcott—I am sorvant to Mr . Kearnan , printer , ef No . 5 , Georgleigh- treet , Manchester . In the month of August last , 1 remember my master printing some bills for Mr . Scholefield , the defendant . I took some of tbem to his house on the morning of the 16 ib . He did not at that time give orders for them to be posted , but he appeared extremely anxious to have them out as early as possib e , 500 of the bills were printed , which were gufficent to pest tbe whole town . By the Attorney-General—My master printed the placard now produced— " Run for Gold . " It was printed before that for Mr . Scholefiuld , 1 think on the Monday . 1 can ' t say who ordered them . By Mr . Cobbett—My master prints ail sorts of placards . There may be half a dozen borts printed in one week .
John Brook—I am brother-in-law to Mr . Scholefield- I ama joiner . On the IGth or 17 th of August I was at work at bis premises . On tbe 17 th I frc quently went into the surgery to receive instructions concerning the work . I was engaged in painting some gates . The chapel is situate between the gates and tbe bouse . Mr . Scholefield came down to me several times during the time . He came through the chapel , not out of the surgdry . By Mr . O'Connor—I remember your coming ; to
Mr . Scholefield , at half-past five in the morning of the 16 th- You waited till Mr . Scholefield came from the printers . I know a man named Griffin . 1 remember that Mr . Scholefield once gave him a job out of charity . Grifiin and I had repeated conversations abont you . He said he had lost his situation as reporter , and that he would " walk iuto yon . " He said he would be revenged upon you . 1 told him he could not . He replied that he could , and that I should be astonished when I knew how it was done . This was before you came to the bouse .
John Cockshott—I am a butcher in Manchester . I was in Mr . Scholefield ' s house on the 17 th Angust , between ten and eleven in the morning . I went to get a bottle of medicine . I saw Mr . Scholefield . He was in the surgery . He bad a few patients that he was giving bottles to . There were a number of poor people there who were begging tickets for soup . He gave them some . Henry Holland , examined by Mr . O'Connor—I reside at Burnloy . I am a block-cutter to calicoprinters . I keep a temperance coffee house . 1 am a tee-totaller . Previons to the beginning of August last , the factories were working short time . There was great distress and excitement among all classes . In consequence of that there was strong
apprehension of danger . 1 remember many meetings being held abont that time of an exciting oharacter . 1 communicated with you about the latter end of July , as to the state of the district . 1 requested you to come down , and to allay the angry feeling which existed . Yon came down . I attended the meetings you addressed on that occasion at Burnley and Colne . They were very numerously at * tended . That at Burnley was numerously attended by all classes in , the town . The general tendency of your address at both meetings , in my hearing was calculated to allay the excitement , and 1 am happy to say that it did allay it . A mill was burnt before you came , and 1 believe a reward was offered for the perpetrator of the crime . You referred most emphatically to the transaction , and told the people
that the surest way to impede the Charter , was to resort to acts of violence . 1 remember a meeting of shopkeepers being held at Blackburn , at which all the-points of tbe Charter were adopted . 1 attended a meeting , at Burnley , and your temperate exposition of the Charter reconciled all classes . By the Attorney-General—The meeting at Burnley , was held in a tent erected for the purpose . There were from 15 , 000 to 20 , 000 persons present . To the best of my iccollection it was . held about tbe latter end of Jane . 1 was at a meeting held in the Town Hall , in Colne . It was densely orowded . 1 went there in consequence of my anxiety to allay the excitement which prevailed , and to hear Mr . O'Connor . Notice was given of the meeting . 1 was not a delegate .
Sir Thomas Potter , examined by Mr . O'Connor—1 am a magistrate residing at Bewley-hillr near Manchester . 1 remember the excitement whioh prevailed in Manchester , in August last . 1 conceive the general character of the strike , in the first instance , was for wageB . 1 heard that a procession was to have takeo place on the 16 th of Ao gustl&at
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1 believe the reason why it was abandoned was , that the magistrates informed Mr . Scholefield ^ that it would not . be allowed , and he said he would do everything in his power to prevent it . 1 consider that the deportment of the people , at the time , was peaceable . 1 heard of the procession on the previous Ifon oi August . 1 never remember a more quiet 16 th of August in Manchester than the last . About the time of the strike , two men came to me , and said that several manufacturers w « re paying lower wages ^ han othersand they wished for an equalisa
, Uon . lney wished me to try to procure a meeting beeweeii the men and their masters . A man named Bell made a report to the magistrates , at the Town Hall , that Mr . O'Connor had arrived , but we dtd not thmk it necessary to take any precaution in consequence . The impression upon my mind as to the disposition of the people was , that it was peaceable . From my knowledge of Manchester , 1 think the condition of tbe people was most deplora-° 2 ? conse ° uenee of the high prioe of provisions , and tbe low rate of wages .
By the Attorney-General—I don't remember what number of special constables were sworn in in August , but I should think 400 or 500 . The first week we had 500 troops , and after that we had a considerable re-inforcement . We probably got 1 > 500 more . I attended at the Town Hall . The Magistratee attended there day and night , for full four weeks . The commander of the district was at the York Hotel , which is close by . The special constables attended there , too , day and night , for at least a month . On Tuesday the 29 th of August I saw nothing particular , " On Wednesday , there apbe
peareajto & great deal of excitement . I once headed the troops to the railway , as we had heard there was an intention to destroy the line . I can't give the date , but I think it was sometime the following week . I think there was a geneial advice given to the millowners by the AJagistrates not to resist the mob . Individually I was not afraid . Tno hands in the mills appeared to be quite ready to turn out . There was no force required . I can't say why this advice was given . One young man came and asked if he could fire upon the mob , as he had a cannon , and could destroy a great many oi them . We told him to do ao such thing .
Mr . George Royle Chappoll examined by Mr . O'Connor . I am an alderman of Manchester , and have lived there more than fifty soars . 1 remember my mill being stopped . There was not a vestige oi damage done , nor a square of glass broken . The mob said they did not wish to damage property , and tho bauds appeared to be qune willing to turn-out as those who went to the mill , were desirous they should turn out . I conceive myself , from what 1 saw in the course of the proceedings in which 1 was personally engaged that the people had Btruckfor wat ; es , and 1 must say that having been ia every mob in Manchester , lor tbe last fifty years , 1 never saw any mob behave themselves better , or more respectably than the ? did . There has been a reduction from the
year 1836 , up to the present time of fifteen per cent . on the raw material ; but the reduction in the price oi manufactured goods in thattima has been 50 percent . The depression of trade and the falling off in profile doe 3 not enable the manufacturers to give the r > anif rate of wages ; but still 1 think the destitution which prevailed arose more from those who were unemployed being thrown upon those who weie in employment , than from any absolute insufficiency iu the rate of wages paid , supposing the means of employment to have been gon&ral , instead of , as was the fact , very partial . I am no member of tho Ami Corn Law League , nor have I subscribed a single sixpence to any political party whatever . 1 went as a delegate to Sir Robert Peel , at the request of a number of my fellowtownsmen , for the purpose of laying a statement of facts before him , and expressing our opinion .
The Attorney General—1 must really object to this evidence . We are not hero so discuss tho existing distress , or the remedy whioh is to be found for it . The Judge—I think we can't hear statements of this kind ; they are not evidence . A 3 r . O'Connor—Then I ask no further questions . James Kershaw , Esq . —I am Mayor of Mauchesier . I was a magistrate in August last . I have resided in Manchester all my life . I have a great interest in tho preservation of tho peace . There has usually been a procession in Manchester on the lGih of August . I . remember the time about which Lhe raay ; i ! jtrate 3 issued a proclamation last year . 1
understood it was intended to have had a procession on the last 16 th of August . The magistrates said it should not tako place , and those engaged in # euin # it up complied with this wish . I am a calico printer . My works were stopped on Tnuraday , tho 11 th of August . There was no damage done to the works . 1 believe the hands went out willingly . The last I 6 \ h of Augu .-t passed off much more peaceably than we had anticipated , and , as compared with the previous days , much more peaceably . I think the greatest excitement prevailed on tho 9 . h . lOth , 11 th , and 12 th . The working cesses were suffering groat djstress . Speaking of them generally , I think their conduct was good . Tflere were some exceptions .
Mr . O ' Connor hero ; stated that Sir RalpliPendlebury had been subpOoned as a witness , but that he had sent a certificate to say that in consequence of labouring under indisposition , he could not attend . : Mr . Isaac Cleak Pray examined by Mr . O'Connor —In August last , I was the registered proprietor of the Evening Stur newspaper , published in London . I remember the suppression of public meetings in London , in tho month of August last , about tho 23 rd . Yon were Euitor of tho Evening Scar . You would not receive any remuneration for your services—not a penny . Yt > u gave notice that all letters , whether private or not , addressed to you
in London , should bo opened in your absence . 1 have opened hnndreds of letters marked " private . " Your instructions as to what was to appear in the Evening Star , wore that we should not admit anything in favour of the strike , or of an exciting character . I always thought it was your desire to make tho country as peaceable as possible , & 9 &I thought you sincere . 1 know Griffin , the correspondent . 1 gave orders for the payment of his salary . . 1 considered Griffin ' s matter so inflammatory , that sometimes 1 cut the whole of it out , and sometimes a part , lu fact 1 thought he was aiming to entrap me as proprietor of the paper . 1 remember reading a letter from Griffin , in which he asked you for mouey to take him to America .
By the Attorney-General—The Evening Star commenced at the latter end of July last year . 1 presume Mr . O'Connor lived in London or the neighbourhood . Mi . O'Connor—1 wish your Lordship to ask the witness whether the Evening Star was not principally supported by tbe operatives , and circulated throughout Lancashire . Judge--Was tha : so ? Witness—It was . Mr . James Holliday , examined by Mr . O'Connor
—1 am a manufacturer residing at Oldiiam . 1 have known yon Bince 1835 . 1 have attended various meetings at which you have addressed the people . The general tendency of those addresses ' was not calculated to lead to a breach of the poace . 1 have heard you complain that you had bean much misrepresented , and that consequently much prejudice had been created in consequence . In the speeches which 1 have heard you make , 1 have thought that they were distinguished by great aeal and energy , and considerable physical strength .
By the Attorney-General—1 have been accustomed to make speeches myself , on various topios . Mr . Titus Brooke , of Dowsbury , examined by Mr . O'Connor . —I have known you as a publio man for ten years , and personally , for six or seven years . The neighbourhood of Dowsbury has frequently been in an unsettled state . I have heard you address public meetings , and make exhortations to peace , when there wasja disposition to be turbulent . Tnat has been tbe fact on all' occasions . I never heard you Bay one word whioh was calculated to lead to a breach of the peace . Among the working classes your character is generally admired aa a lover of peace . Among the middle classes you are not so much admired ; hut 1 think they are prejudiced . I think , taking the whole of the population , that they would accord to you the character I have given .
John Far , examained by Mr . O'Connor—I am your steward in the county of Cork . 1 have lived jn your family upwards of thirty years . 1 have jived with your brother . He left me ton pound a-year , in consideration of my , character . 1 have frequently seen you stand in the fields for a whole day with youc labourers , 130 in number , conversing with them . From all that 1 have known and seen of you , 1 can conscientiously state that you were always for peace . 1 remember the disturbances in the County of Cork , and the violence offered to the Magistrates and the military . You induced the people to give up their arms , and deposited them in the servants' hall . With respect to your tenantry , you have built stone houses , where formerly mud cabins existed , and you have given the ground rent free . You paid a higher rate of wages than any other landlord .
Mr . O'Connob—Myv Lord . 1 am merely eliciting this to remove an insinuation which I thought the Attorney-General had thrown out , that I had employed the NortbernSlar as a medium of agitation , for the purpose of pecuniary gain . The Attorney-Geneiral—1 beg to assure Mr . O'Connor that 1 imputed no such motive . I was far from insinuating any suoh thing . I would not have the Jury to imagine me capable of doing so . For if the testimony just now given bad not been elicited , the Jury could not fail to witness the creditable deportment of Mr . O'Connor in their
presence . H « had met Mr . O'Connor before . lie had met him at Monmouth on a very important occasion ; and what he there saw would alone have prevented him from even entertaining any disposition to disparage Mr . O'Connor . Mr . John Ardill examined by Mr . O'Cpnnor-1 have been your clerk ever since the commencement of ^ the Northern Star . I 1 know that large sums have been paid by you to parties who were incarcerated for political offences and to their friends . 1 hare frequently written to you to say that 1 could not honour your drafts they have been so numerous in
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• his way . During the time that you were in York Castle , you pa'd ai < : i ey to the NorlHem Star office . 1 believe that scimwly over any party applied to you for money , when you d . d uofc give $ hem some , or authorise me to do ao . 1 have attended some meetings at which you have been present . ; 1 should say that your character is far from being an agitator for anything but peace . 1 have heard you denounced many times by working men , for stopping the physical force movement , and 1 have seen letters to that effect . 1 know you have paid a higher amount of wages than any other newspaper proprietor in Leeds . 1 have known men be absentjfrom the office for a considerable time , in consequence of indisposition , and their wages were paid , just the same as if they had been at work . ! Mr . O'Coanor—This , my Lord , liurge from no motive of vanity . The evidence is important to mo in point of character . I
A person named Chamberlain , living at Manchester , was called to provo that he had plkced a copy o . the Address of the Executive Commisteo on a boa d , at the shop door of Mr . Leach , one ! of the defendants , without bis permission . The ] defendant received an excellent character from a party who had known him for many years . Mr . O'CoNNoa here announced that this wa 9 the whole of the evidence which it was intended to offer on tho part of the defendants . : At this stage of tbe proceeding , the Court adjourned for a few minutes . On tbe return of the jury ,
The Attorney-General commenced his reply The Learned Gentleman snid thut he most sincerely congratulated tnem on tbe probability of a termination of their proceedings that evening , and he said he should endeavour , notwithstaudiug ( be quantity of matter before him , to compress into as short a space as possible tbo observations he had to make on the defence to which their attention had been drawn during the progress of this protracted investigation . Heconid wish not merely that they wure assembled in this great , county of Lancaster but that tbe eyes of the whole natiou , and that the ears of the entire people should be open to hear everything that passed on this occasion . He entirely nyreed with the observation that this was one of the most important trials that ever occurred in tbis country ; and if hu tall
considerable responsibility when hy had the honour to address them several days ago , he riid not ftvl that that responsibility had been diminished by the evidence which hud been given ou tho part of tbe prosecution , and the statements that bad heen made by the eovera ! defendants . It was impossible not to feel the deepest sympathy with the distress which no one could pussibly doubt had extensively exieted | in the neighbourhood of Manchester , and throughout a considerable tract of country surrounding that large manufacturing place . He had no doubt that if they could quit tbe largo public meetlDgs Sdiiembled in this pait of the country , and could go to the dwellings of those who did not join in those exciting communions , they would find many a tale of heart-rending distress
? uch as tbe defendant , Pilling , told on the previous day , —distress which it was impossible to bear without tbe moat enlarged compassion , and the ; deepest t > mp . ithy , whioh he believed produced in '; many porous around him , emotions ia which he shared , and be was not ashamed to say he sbared to an extent which in common with many who beard ; him , almost unmanned th © demeanour that one ought to preserve in a court of justice . If anything could be learnt as to the extent ; and character of that distress , tbe patience with which in many instances , it had been borne , wheu it ha «\ not been made the theme of public meetings , ru . r the ; theme of public dincussions , but mourned over in private , and pai ties had sunk under it ; he had no « iouot they tuieht find
many , who , from a sense of duty aiid of virtue , din not think that distress , poignant as ha beltaved it to have been , a sufficient justification for violating tbe law . It might be well if all that h d been stated on this occasion were known through the whole length and breadth of the land , iu order tb&t if anything could be done , it should be done to arrest tbe progress of that distress , and to bring comfort and consolation to those who were suffering under it . But having with perfect sincerity offered thai tribute of sympathy which it vrag impossible to withhold , —having given to those who suff red that distress , and to the fortitude with whioh they bore it , the tribute of hia highest admiration , h « J must pass from that topic to the state of the country , at the period
when those outbreaks occurred , and he must call their attention , fora moment or two , to tlu alarming danger that threatened tbe poace , and well-being , and , he might say , the existence of soci ty in this country . tie would call their attention t <> the condition of this port of the empire at the time when troops ¦ were poured in by thousands to stop the tumults , when special constables were Bworn in by thousands , and when , under the protecting Providence of Heaven , the eaergies of tha executive Gjvernmwu and of the local magistrates , succeeded in restoring peace and order—happiness and plenly ; work and wagea it was beyond their power to give . He would ask were they , at the period to which hs referred , other than upon the brink of a civii war . Ho did not
wish by any exaggeration of the facts , cr the use of one expression that waa calculated to raise any of theii feuliags—but he would ask them to look back , and see whether be would not be a bold man who could coolly look at the dangers with which tho country was threatened during the month of August last . But one week more of apathy , —bus one week more of thejapirit which induced the Magistrates of Manchester to say that they ouid not tell why it -was better not to resist—another ureek of this , and they would have ] had the country divided into large classes , contending against each other for the power and the existence of society . And had tUe clefeudaut , PUiiDg , or any jmau who had mourned over a sou dying ; prematurely , by the visitation
of God , through diseaats , —hat * , any such man considered , while he mourned over his own and his family a discomfort , and even misery , —hai he considered what would be the ( horrors , what would be the misery spread through the land , if that advice had been taken , —if the masses had acted upon that which he was satisfied it was the intention of tne Executive address to induce them to do . He charged on ail those who bad published tliat address , who gave it any encouragement or support , and above all , those who gave to the publio what they called & manly , bold , and spirited address , whioh called upon the people to repudiate the consideration of all other questions , aud practically to adopt j these schemes which would carry out the views of those who prepared
that address , —be charged upon those iparties , many of tbe disastrous consequences which had been made . the subject of investigation during the last eight d&ye . It had been said tbat this was a political prosecution , and that it was levied at the Chatter aiid the CLartists . He utterly denied the truth of any such statement . He ftnew it was expected—that he was quite awaro of , but from the time that his Learned Friend ( Mr . Dnndas ) two days ago , took up ^ n himself to defend the principles of the Chatter , down to the last man who had uddressad tbem , imputing to him personal hostility to the Chartists , be begged to say that there was nut one tittle ¦ " ' " * ¦ ' * TUth or foundation in ! any of tb ^ ae remark . c seemed to him as if the speeches of the * ' defendants must have been
prepared in anticipation that he was going to make some such attack , and then the speeches having been prepared , they did not think fit to repress their observations , although they were not justifiable on any grounds whatever . So far from entertaining the slightest question about the Charter , he had expressly disc . aimed any intention of entering into any political discussion at all . He stated at the outset that he had nothing to do with the consideration of whether any charge that was proposed would be for the better o | r for the worse , —all that he bad to call jtLuir attention to was the charge against the defendants ; and the manner in which he prrposed to bring that charge home . It certainly was at all times desirable that an advocate should make truth his object . Mr .
O'Connor seemed to have tUought that he had an advantage in quoting passages of an address which he ( the Attorney-General ) delivered to the Jury when Frost and his associates were under trial for High Treason . He knew not whether it would tip either himself or Mr . O'Connor any honour much to attend to a speech supposed to have been dtAivettd on a former occasion . He ( the Attorney-General ) might as an advocate take some refuge in altered circumstances and being paced in a different position , but he had never aa a member of the profession to which he had the honour to belong , resorted to , or had any occasion to resort , to any such excua 8 . What he sfcatea then , he was ready , syllable by syllable , to repeat that day , aye , even to the verdict ;; and how
desirable it would be if a verdict of acquittal could be pronounced as a verdict of truth . There was another subject on which ob&erv&tious bid been marttj , and made very freely—he meant the indictment His Learned Friend ( Mr . Baines ) bad asked , bad they ever seen or heard of such an indictment before ? This language had been repeated by several of the defendants , who have spoken of what they -cilied a " monster indictment . " JH « begged to say that it might have been known that in the State Triais of William and Mary , after the revolution , one bun . dred persons were placed in one indictment . Wby ? Because all the persons were guilty of the counts
charged , or supposed to be so . At j the late special commission at Chester , fifty seven persons were place i in « no indictment . It was proposed to divide them into portions , but tho Learned Judges presiding , condemned that , and said tbat considering the circumstances attending the change , they ought to bave been included together . He could excuse the defendants in what they had said on this subject , but if his Learned Friend ( Mr . Baines ) had been acquainted with matters connected 'With the profession , &nd with j the forms of in . dictment , from him , at least , be ( the Attorney-General had no right to expect that any such observations would have been made . When he fwas told that he
had selected a large number of defendants , what could he do ? He had , in this indictment , no fewer than thirty persons who were members of the Conference of delegates , and , to act with justice , and with that fairness and impartiality which became a pnblic officer of the Crown , bow could he have presented to the consideration of the Jury some and leave oat others , unless he was , satisfied of their innocence . Talk of a monster indictment ! Why , indictments must be adapted to crimes which they were
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intended to , suppress , and to the nature ef the occaiion . They were told that the gaols wera full . What were they full of ? Unhappily , at all times , crime was too abundant , but there could be bo doubt that there were persons in tbe eaol , at Kirkdale , and ^ at Chester , confined for offencas of this description . Where would hate been the manlinesss of sending the poor persons " to pine in prison , who , at the bidding of those lecturers and agitators , went out to do the works of their-bidding , —where , he repeated , wauld have been the manliness of leaving tbem to pine in a dungeon , and allow the enlightened members of the Conference to ge perfeotly free . He maintained that it Would have been unmanly and upjust to see tbe unhappy personswho were goaded by speeches to do
, acts for which they were now suffering in prison , and at the same time to aHow those to go unpnnished , who were secretly rejoicing in the success of their schemes , and ia the impunity with which they bad been enabled to carry themselves through . The Learned Gentleman then entered into a luminous exposition of the law as relating to conspiracy , and afterwards entered into a review of the history of the transactions in August last , describing the share which each of the defendants bad severally had in them , and pointing out the evidence as it applied with more or less of conclushraness . The Loamed Gentleman then appealed to the Jury , and asked whether the people were to live under the law , protected in the exercise of their labour ? Was property to be protected , oe
was it to be at the mercy of that moving power which arrogated to itself the right of dictating to others how and in what manner he ahonld regulate his own personal liberty ? He ( the Attorney General ) had little to do with the speculations of political economy . No man respected the right of the poor man to his labour more than he did . It was his property , and it was that which they had a right to protect . Tnoy would enable the poor man to labour , if he thought fit , and not t * be told by his fellow man , tbat for some poliMcal object abont which he cared nothing , he was forthwith to desist from his peaceful occupation , aud rush into s > me visionary and lawless enterprise . Labour was as much property , and was as much entitled to protection , as the estates of the loftiest
ana wealthiest peer of the realm . A by , what , afser all , was the difference between what waa commonly called property and labour ? Labour was the pr . ^ erty of to-day . That which a man might leave to his children afterwards was the property of yesterday . The labour of to-day , if it produced anything which could be laid by , created capital , and tbafc became property There was a common sympathy and interest between Libour and property , for property was the representative of labour , and labeur was the only property which the poor man conld command . These great elements of society were not to he Bet in hostile array against each other . It waa peifectly true that without labour , what was called cupitn ] would be worthless . It . was equally ttue that in the highly
advanced state of civilizition , such as th ^ y enjoyed , laboar wouldj in a great many parts of the country , ba valueless , if there was not capital to give it employment . These two great elements of the high state of cultivation in which the country was at present placed , weio net to be sut in hostile array againsk each other . Tbe one was necessary to the support of the other . Neither could do without the other , and he trusted to God , that the le 8 S 9 n of to-day , as far as it "was capable of affording on ? , would go forth to the world , and l » t it be understood tbat labour and property ought to have one cornman protection , and ought to be directed to the eomnion end of all Bociety—the happiness of the community and the glory , of G-od . They frequently heard
comparisons made between the poor and tha rich , and of tbe advantages which the rich possessed over them . He knew not what might might have been the feelings of the Jury , but when he heard the intelligence , when he beard the eloquence , for frequently it was very eloquent , when he heard the speeches that been made , he could not but feel disposed to be proud of the talent and of the efficacy of the education of the working classas of this country- There was in those speeches much that they might admire and approve in point of talent , and tone , and spirit . He should not stop to quarrel with some expressions which be wished hid been spared , carrying too much of a tone of defiance . He bad watched those speeches one after another , and he would now frankly say that the
laugunge imputed to him , and which he uttered at ManmGutb , when he appeared for Frost , was equally applicable to the present case . There was no price at which it would not Jjo worth while to purchase th"J innocence of all the defendants , mixed up , as their guilt was , with much of the misery that probably contrif-uted to it . If they could with truth pronounce a verdict of not guilty , let let it be so . He would leave the case in their hands , fully satisfied that they had given tha utmost attention to every part of the evidence during the whole course of the inquiry . With respect to the impartiality of the bench , every person in the Court mnst think it worthy of all imitation—perhaps he might be allowed to say , he thought the conduct of his
Lordship had been beyond all praise . For any part he had takftn which had drawn forth expressions of approbation , —if his wish to observe strict and impartial justice , without mixing up any angry feeling , in the coarse of this inquiry , had met with the approbation of the humblest individual in that assembly , he should think that the task which he bad imposed upon himself , of abstaining , directly Or indirectly , from saying anything calculated to \ give the slightest offeac-3 to any person , absent or present , recompensed to the full . In conclusion , he called upon them as men , bound by their oaths , to do their duty to the defendants , and . to-th © -pabUo ^ and to- -deliver "thair verdict which they conld reconcile to their consciences , upon tue evidence they bad heard .
Hia LorUBhip inquired of the Jury , whether it was thoir wish tbat he should then proceed to sum up the evidence , or adjourn to the following morning ? A short discussion took place , which , ended in the adjournment of the proceedings to the usual hoar on tho following day .
THURSDAY , —EIGHTH DAY . At the opening of the Court thie morning , The Learned Judge proceeded to the discharge of his most laborious task of suramiug up ihe evidence , which occupied no less than seven hottrs . It is not p ? yiug too high a compliment to this amiable and excellent man , and upright Judge , to say that a more impartial , clear , and explioit analysis ot the evidence against any number of persons charged , was never beard is any court of justice . His Lordship , in the outset euumerated the counts in the indictment , and defined the law as applicable to each . Having quoted the various statutes , treating on the crime of conspiracy , and pointed out what , in hisppinion , did , and what did not , constitute the essence of that offence , the Learned Baron
went through the herculean task of repeating the whole of the evidence given during $ ie previous seven days , a ta = k which he discharged with admirable clearness and fidelity . He left no point untouched , whether it told for or against the defendants , and where ifc had the former te * ndency , the facts wero explained with a scrupulous desire to avoid anything approaching to the slightest exaggeration ; while at the same time there waa a calm and manly expression of opinion as to the guilt which those ' facts proved . During the course of his Lordship ' s observations on the part which the respective defendants had taken in these transactions imputed to theai , —ho alluded to Mr . O'Connor , —and in reference to the character of the speeches of that gentleman , his Lordship thought that , the fair inference
to be drawn from the evidence which had been adduced wen , that although be bad advocated the principles of the Charter very strongly , and thought it was the only remedy for tbe distress of tbe country , yet , at lhe same time , he had accompanied it with a recommendation to peace and che preservation of property , as the only means by wh ' ch the object sought to be attained could be successfully carried out . With reference to the relative position of masters and men , bis Lordship said , that althongh he highly approved of the code which allowed workmen to combine for the purpose of saying what rate of wages they would accept for their labour , ha equally approved of the penal code which the
Legislature had left for the protection of the working man ' s induf . try . if there was one species of labour which ought to be protected more thaa another , and the violation , of which deserved the most exemplary puaiabmenfc , it was the labour of the poor «> an ; for it was the only source of existence on which he had to rely . He thought that any attempt on the part of one Bet of men , to compel others to leave their labour , whether they would or not , for the accomplishment ef some object which to them might be a matter of perfect imii& ' jrence , was an outrage of-the grossest kind , and one which , as he had said before , deserved the stroDgc-st reprobation and punishment which the fornia of justice would allow .
His Lordship concluded his summing up at fibout half-past four o ' clock , and the plan was adopted of handing to the Juty the urnes o ! the defendants in batches , the Learned Judge asking them for a distinct verdict on each . The Jury retired , on the first batch of five , and were absent nearly an hour . On r « turning iuto court , his Lordship was about to direct their attention to the evidence aa applied to another ba ^ ch , when the Foreman stated that himself and others of bis colleagues had taken notes of the evidence , and felt themselves competent to deal with the whole of the defendants at one deliberation . They again retired at a quarter before seven , and , after an absence of little more than ten minutes , they returned into court , and prenouueed the verdicts , which will be found in the fourth page .
Thus terminated , at seven o ' clock , this protracted trial—the largest on record for some yeaw past . So densely crowded was the Court , that some minutes elapsed before egress could be obtained . M * O'Connor proceeded to the King ' s Arms , Market * street , at which place he was stopping , in company with his attorney , V 7 . P . Roberf » i- ^ q ^ -of ^ Batb . On bis progress to the inn ,- he was enthusiastically cheered by a large number of persons who had assembled outside the Castle to wait his coming out
Untitled Article
Htjddersfield . —At the meeting at the Association Room , Upperhead-row , oa Monday night , it waa again ordered that no communication from any person , addressed to any other thaa the Secretary , Joan Chapman , shall be noticed by the body . It was also agreed that the next diBtricfc Ghartist meeting should be held in their usual meeting roora , on Sunday next ( to-morrow ) instead of Alntpnd * bury .
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, THE NORTHERN STAR . 3 ¦ - ¦ ¦¦ — : —*»—«— « »¦ " n
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Citation
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Northern Star (1837-1852), March 11, 1843, page 3, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct793/page/3/
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