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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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SXAFFOKD , Ts . vh . sdxt , Mjibch 30 . ( Before Mr . Jvdicx Erskine and a Special Jury ) iEeiK-k T . COOPER , KICHA ^ RDS , A . XTJ CAPPTJE . Mi . Justice Erskise proceeded at nine o ' clock this morning to aun ^ !_ ds protracted case . -He was « Hry , after the patient attention -which the jury had exhibited during the iDOGiry . that It would be necessar / ler him to detain them -whiie he entered at length into the evidenee on the ptit of the Grozny and the defence ; bnt , although nnquesti jnably rooch time "had been lost in useless crcss-txfcniuation ef the -witnesses for the prosecution , he did hope the jury would consder tuch a course tths nothing more than a manifestation of jest hosiase by the defendant Cooper to the syfteui of jarisprndence under -which he -was then
taking his trial . Whatever might be tbe resntt , while bo man could do otherwise than deeply deplore the eutress which txisted in the Potteries at the time these outrage * occurred , en the other fcana , no man could ttsuse the tamnlts and violence "which then took place . The learned Sergeant , in Lis rfpij on the part of the Crr / sm , had traiy observed , in the language of Mr . Curran * be hsd kne-srn tumult arid violence to make many nch poor , but he ha-i never known it to make a poor man rxri . " He ( tie Iiearoed Ja « lce : xeg-. fclie'i tri * t . the dfefcudcni Gooper , in cross-examination , b-jfl thrown imputations npon the motives of Major Te-ih , the gallant officer "who , in the discharge cf a ntcejssxy duty , had caused the military to act o ; i the mornicg oi tbe 16 th of Aliens ; ; but he -Bras glad to find , that
subsequently , in ilia address to the Jury , he , the defendant , had shown better taste , and had arqnitled the gallant tficer cf cuing more tfcan wfcat ht considered his dnty on that occasion . With these carcanistsjices they ( the Jtirv ) had n > thir-g Trtmever te da TLe defendants were cba ' g-a . ¦ with divers other persons , "with having unlawfully and BrdiSonsJy conspired to excite i&e people to riots , lanis , Jcc , in hrs-ach of tbe public peace , and to excite and prevent ihe dne execution ol the law . Sow , a conspiracy "was an ntternpj on the part vf persons to accomplish 3 certain olgeet by nnlnwful means . The object might be perfectly la-wful , bnt if its promotion was attempted by Ulejral ine . ins , then aaucla-wful ecBiyiracy -waa clearly established . If , as
• was the case in a recent trial in another part cf tks country , iliere ha « i been , a eonnt __ in tbe indictment which "Would havs allowed him to laaeiTe a cae « J-jt Ihe Court above , be should hsve gladly ' availed himfs-lf cf that course ; i-ni bere he had no option , bnt was compelled at oeoc to give an opinion upon a point raised in the indictment . The reEnli of his examination of tbe law upon ths subject "sras then , that any number of workpeople had 3 perfect legal right to combine to compel uiaoiers to raise their "Stages ; ildcI if it "Was competent for them to agree not to ¦ wpri for certain wages given by employers , he iMr . Justice Erakine ) did bo . Efec vthy it was not cqnaliy ccnip ^ ttnt for tbtm to agree and combine for say other ieg ; il o ) ject . Heja 7 nothiBg in the law to Tender such an assuiibly or cosabinatioij
illegaL Then , if the oKskinjeni of the Charter -was a lawful object , "which , u . qutstierabJy , it -was , and the means pursued were not of an Bsia-wftil character , be did notJseeho-Wj tincleT such cvrcumst ^ BCiS . a charge of an illegal conspiracy coulci be supported . But it -would be Tor the jury to say vhother or not the dtf * nd-ant 3 , in the means they adopted for ths establishment of the People ' s Charter , aid not conspire to bring about that Jesuit by incitements to violence and tumult ; -whether they did not intend , fcy advising a cessation cf labour , to produce discontent and those tnmults and outrages ¦ which snecseded . if they itbe jury , wtre of opinion that the dcfoidants intended h S-ttcing the Government or the Legislature by force ant * Intimidation , then the ch&Jxe in the indictnicnt -stss taJlj mase out Ti . e
learned Jn ^ ge then proceeded Lo read ov 6 r and aralyzs Ihe evidence . Alluding to the turn-out at Mr . Ridg-¦ wa y * s manufactory , hia Lordship observed that if the men "were quietly at their -wcrk , and -were ¦ willing t < s continue tbtir ^ ork . nnd a mob of people , in the manner the "witH 3 = 2 ses Jisd described , Trent , and by terror or kj force coniptUeu th ^ ni to desist from their "s «> rS , that meeting -was an unla-wful mteting ; and if they wen satisfied that that vris recommended - by Ccoper , the ^ f&udant , and - ^ as tbe result of previous conspiracy betireen them and the other defendants , or bet-ween him snd any other persons , then Out -jroald satisfy the Cfearge upon this indictment . Tht Learned Judge , after going timingh the evidence with great evre and patiecce , concluded his addree at eight o ' clock in the
evening . The Jury retired for about five minutes , tni npon their return found a verdict of -Guilty agaiist all tbe defendants , but Tecemmended tie defendant Cappnr to mercy . > lr . S Jjeant Talfonrd said he -would take care that the ifccommendatioa of ths Jury \ ras attended to ihethoustit he might pledgB xsimself thai tbe defendant Capeur "Would nut be bronglit up for judgment . CJooper , apdreslng tie Judge , said the defentiaBts felt deeply indebted to his Lordship for his kindness and courtesy during the -whole of that protracted investigation , and he "sras "worthy oi the nsme of Er ^ krae .
The Judge—Ton bad better say Bothing ab-ut me . The dEfencsEts are to be brought up fur jaigm ^ ct next term .
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WAEV 7 ICK ASSIZES . CITIi SIDE , SaTTSDJT , APRIL- 1 . f Before 3 / r . Buron AMerson and a Special Jury J ( From the Times . ) 23 UAX OP 6 FBGBGE "WHITE . George While surrendered to ans-wer an indictment for sedrtiens language and riotous and unlawful assembling a $ Birmingham id August last . The bill had been found aJ the Birmingham Bjrough Sessions , on the 22 nd of October last , at "which time" the defendant was in
custody QBder the commitment of the magistraes , and the iti / Km-ttipti * -spas Ttzaoved by certiarari into tfce Court of Queen's Sancb- On the 29 ttx of October a summons had been taken out before a Judge at chambers , and the defendant - ^ ras admitted to kail by Mi . Justice Cressw ^ U on the 10 th x > I November , -when recognizances ¦ Were entered into by himself in £ 200 , and fonr sure " . ie 3 in ^ 50 i ^ h . Ural lie "troald appt » r sad picaa 10 tllB indictment , and appear on the retina of the posiea in case he should be oonvictfed .
Mr . Serjeant Adams . Mr . Bill , Q C , and Mr . ; Waddisgtos apptsared as counsel for the Crown . The defendant undertook his own defence unaided . Mt- Sergeant Akams stated to tbe Jury the case on , bekalf of the Crown at some length , as it appaared by : ths eridsEce subjoined . He spoke of the fears that ) extensively prevailed in tbe town and neighbourhood . of the meeting of the magistrates on the Scth- ciid of their riofices by placards and advertisements in the ' public papers of the forbiddanca of such ineetings . Be alluded to the state of things which rendered it : necessary for the magistrates to appiy for , and the Go- ! ¦» emment to supply , a reinforcement of military . In ; addition to tbe Dragoons asna . ly qaartered in the bar- I
latis in Sirminsriam , a . force of Infantry and Horse j ArSIlery had bten proEnred . The Warwickshire , i Worcestershire , aud StaffordshiTe regiments of cavalry I had been also on dnty in the neighbourhood ef the town and of the iron and coal districts . The pensioners i too had been embodied aiid drilled , and great Bum- ' b £ TS x > f the respectable inhabitants s-wom in as special : constables . The laarned Counsel obstrved -apon the extremely mischievous tendency , especially in times of ; popular fzcitement , of such proceedings and conduct as the defendant stood accused ot Tbe Gentlemen of j Hie Jury , he Baid , would hear the evidence , and then < pronouncs whttber the charges , or any and which of 1 them , MS in lie inoictmknt were made ont to their i entire satisfaction- !
24 r . H . M . Griffiths produced the placard affixed on , tbe 19 th Jjj the dtfeniiant { as deposed by the witness johnsonj , the nctiee of meeting on the 22 d signed by ,-O'Neill , the ho ^ c < j by the Slayor and the Mayor and ; Magistiales of ihe 20 th { placards and newspapers ) , tbe defendant ' s Inter tc Cooper ( proved to be ia bis hand"writing by Mr . Adkins , the Governor of the Warwick ' prison ) , a print of the Queen ' s proclamation issued on the istb , and a print of the Qaetn ' s proclamation of tbe 12-Jl oi December , 1 S 3 SThe following copies of the notices issued by the ' Mayor and MagiEtrates were put in and read . — ;
" CAUTION . , " Pcblic-oSca , Borough of Biraiiugham , ] August 20 , 1 S 42 . " Whereas information has been received that meet- : ings have been htld in various parts of tbe kingdom of large bodies of men , who have proceedtd from place to ; place at urrsaasonsble hours , and that Tick-ut and sedi ! tiotiB lsngna . ee has been addressed to them , and it has ' been represented that sach meetings are intended to be tield wittin this boiDUgh ; notica is hereby given , that . no sn ; n meetings win be permitted to assemble , an < 11 caution is at the same time given to all wtll tiisposed persons not to attend orjoin any snehmettings . Notice is also given , that all necessary measures will be adopted to prevent the assembling of any such meetings , bo as effectually to protect the public peace aad prevent the disturbance thereof . SAHrai . Bbaie . Mayor . *'
«• cautiox . " Borough t > f Birmingham , August 20 , 1842 . 11 , the nndersigned , magistrates acting lor the l » H > ugi of Birmingham ,- having received information of msetiBgB in this neighbourhood , and having this day -witoeaed the attempt made by certain Individ nils to nil together and address . » body of pezsozw within tbe wJdboroMshj .-Mder a » prweat staite ol SSjAaxbno » n&riw » tel 7 ea 3 » angni otter pull of EnglBad , deea it to bf omr duty to male kaowa to tbe public la
genezil Hoi , after tbe publication of her Mijerty ' a proela xutkm , tfl asemblies of persona in eoniideraUe sumben h * ving a manifest tendency to « ndangex ~ ths public pewe , and to etdte the f ears of her tt » jestj \ i peaceable « ubjecta are Illegal , whatever may be their avowed object , » d -wherever held , DOtwithstending they may not at the time . be attended with open violence ; and we dedare oar firm intention to prevent the same , and to subject anylnaividualB -who may be found assisting si sasb . ; assemblages to tbe peialGcs el the law . " And we f tarther caution all well disposed personi from joining in , « being pre » ent at , anj such mee ^ ES
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processions , &t , as ttej will xliercDy Drm ^ themselves into peril and incar the csnsequences of any measnrea that may be adopted for the apprehension of the iil-disp » Bed , and the- preservation of the pnblic
peace-( Signed by the Mayor and nin « other MagiBtratea . ) Mr . B . Beale Bworn . —Was the Mayor of Birmingham in August last There was . great excitement prevailing in tbe town , and there was a great influx of straogers , many of them colliers . There -were many CbartiBt meetings held . Heard of tbe meeting ef tbe 13 tb of August The magistrates met , and gave directions to Mr . Burgess , tht Commissioner of Police . There-were meetings on the 16 tb and 17 th . They began about six o ' clock in the evening and ended about dark . Tbey were held at Dnddeston-row . There were about 1 , 000 people , working men . Between the 16 th and the 20 th the exciteHunt greatly increased . On the 29 th the magistrates met acain , and issued the placard . There
were at this time placards calling a meeting for the 22 nd . O'Neill ' s placard came out first , or at least he saw it first . Ptjar * extensively prevailed la the town . The notices were issued and posted by Xh » authority of the magistrates , and special constables sworn in . Tfae magistrates applied for and obtained additional military assihUnee . There were terge bodies assembled in varif-ns parts of tbe town on the 22 sd , 23 rd , 24 th , and 25 th ; but the magistrates and police prevented any tegular mtetins ; . Business was chuinK the -whole of the time , in a great measure , suspended . The inhabitants W 6 re alarmed , and tbe peace of lbs town waB greatly entengtred . The defendant was apprehended early in the nirraing of tb « 26 ih , and committed the same day , ¦ Jtfci which no further meeting waa attempted , and « rt 1 « j -w . ; s restored .
It V as then proved that during tbe week preceding the one in which the defendant was apprehended there wss a great h flux of colliers into Birmingham , who were spread all over tht town , and there was very i-rrit dislnrbance . Jos ? pfc Johnson— Saw the defendant on tbe 19 th of August fix a placard , corresponding with the one produced , on a wall by the Green Man public-house , in ^ loor-street , Birmingham . Read it at tbe time and left it thera It appeared to attract attention . Had no doubt the placard he saw was in the same words as that now prodnced . T ? ie pJacaid was then put in and read , and was as follows : — 1 Chartists The men of the north have struck w « rk 1 The people are being murdered ! Attend at Daddeston row to-night ! Come in your thousands !"
There was no printer's name npon jt Witnesses were then called , who proved tfce uttering of the words at the meeting of tbe J 5 th of August , as laid in the first count of tbe indictment . Sarah Maim—Waa at a meeting in Daddeston-row on the 19 " -h of August , about seven o ' clock . There wei e eight ur nine hundred persons present . The defendant spoke of tb * : Queens proclamation , and said there was one at the time of tbe Bnll-rbig concern . &c . She tbt n prowd tbe uttering of the words as laid in the . second ronnt of the indictment There was » policeman before hcTj and many of the people cried ont that he was a spy . and said , " Stone him ; " *• Fctcto b'm out or the mob , " &c There was a great disturbance , and she wasfrighteritKi and went home .
Eber . fz . -r Portlock—Saw a crowd of persons on the 22 ud , coming along Summer-lane . Went with his brother into a public-bouse thttre . White , the df-fendsr ; t , came , and there were thousands of people . The defeudant addressed them , and Baid tbey had been misled by O \ Neill and Sturge's party , who had b « en negotiating ¦ sriih the police . He said that he had called a meeting for the foDowing night , in Daddeston-rovr , and be wvulJ bold tis nieftfng force to force , if they would do as he did- The people chtertd , and said " We will . " Ho s * id , " Ton will come prepared to meet the police ; yon wDl bring the sticks in your jacket-pockets , and it should be force to force , and all tbe policemen in Birmingham and England shouldn't disperse thtm . " There was a man dressed as a Quaker , who s » id be had brought four hundred colliers into tbe town to Buppsrt the meeting , and O'Neill and Slurge had deserted them .
A placard , as subjoined , bad been , on the 19 th , posttd al » ' -ut me towu and neighbourhood : — " Men of Birmingham , —A crisis is now come—Britain and Ireland are aroused—the nation ' s voice declares , in loudest tones , that tbe noble struggle must now be made . The days of tyranny are numbered . Shall Birmingham , once the Polar star of liberty , now slumber ? Xo . A-arake Arise ! Stand forward in the nation ' s moral battle , and declare that now our country shall be free . " A great meeting will be held on Monday , Ang 22 nd , at ten o ' clock , on a piece of ground in Summer-lane , star the Asylum , to memorialize the Queen , and to consider what Birmingham shall do in the present awful state of the country . Ji fluential man , of all shades of democratic sentiment , and from various parts of the couutiy , will attend and give their advice on this important subject .
" By order of the public meeting held on " Thnrsday , Aug . 18 . in tbe " Christian Chartist Church , Newhall-street , " Abihce O'Xeill , Secretary . " Michael Daly , late a Sergeant of tho Birroingbwn police , and now a sub-inspector of the SuffTdshire force , having given in evidence tbe words uttered at the meeting on the 15 th of August , as laid in the first count in tbe indictment , depoeed to the facts that the defendant on that occasion told the people to conduct themselves in a peaceable manner , for all the authorities wanted was an opportunity of blud ^ eonin ? them and catting them up , and that the peopla wort quiet . George Philip Tandy , a policeman , also swore to the u-terance of the language on tbe loth , as laid in the first count of trie indictment .
Isaac Cottrill having , on tbe 26 th of August , apprehended Cooper ( the well-known Cbarti > t ) searched him and fonnd upon his person a letter ( proved by the keeper of the Warwick gaol to bein the defendont ' s handwriting . ) The letter was then put in and read , and was as fjlitws : — " Birmingham , Aug . 24 , 1842 . " We are in a tremendous state of excitment here ; military , pensioners , police , special constables , cannon , and God knows what are being called into requisition . StoTgeand O'Neill sold us on Monday and broke up a meeting which they called in order to defeat ours of the folowing day . Cooper , there never was greater rascalB than they have proved themselves ( see tbe Star of Saturday . ) We held our meetings in defiance of proclamations , exhortations , and threats ficm the magistrates ; they covered Duddeston-row with police , bnt we ordered the people to follow us , and held a meeting
of 40 . , where we carried the Charter amidst thundering cheers . I forgot to tell you that say house has been surrounded with police these two nights , and that a warrant has been issued for my apprehension . I have , nevertheless , marched with the * sovereign people' and addressed them in defiance of their warrant . We shall meet again tonight and 'nomistake . ' There was some ugly work last night—my body-guard chucked a j » w lofester into tbe canal , and the town has been paraded by Boldiers , our lads cheering and marching with them like tramps . 1 would rather than £ 10 yon were here now to sing * Spread the Charter' I expect to be landed in Warwick gaol before Satnrdsy ; but , dear Cooper , no matter what befalls me , I have made up my mind to stand by our glorious motto , * The People ' s Charter and no surrender . * " Tour democratic brother . " Geohge White .
" We are getting on gloriously here—O'Neill and Sturge have damned themselves . " To Mr . Thomas Cooper , No . 11 , Church Gate , Leicester . " Tfcere was a meeting intended for the 24 th , bnt the police interfered and prevented it ; and the defendant headed 4 , 000 or 5 , 000 persons , and took them to Yanily Fields , in the county of Worcester , three ot four miles from Birmingham ; and the mob returned after dusk riotously and tumnltuously , to tbe great alarm of peaceable and orderly peopla There was a
meeting on the 25 th , but that was tliesurject of another iniictment At the meeting of the 22 nd , which was in the morning , several thousands assembled in the neighbourhood of the asylum , in Summer-lane . The arrangements of tbe pclice then prevented any regular proceedings of the mob ; and the police communicated with Sturge and O'Neill , who told the people to go home , and " 3 i-t act in violation of the orders cf tbe magistrates . " Mr . Smrge , on this occasion , begged of the people to disperse , and they began to do so , but were met by the defendant , who reunited and addressed them .
Other general evidence was used , of the carrying of banners by tbe mob , of tbe crowds collected , and of the general hooting at the police , tbe noise , tumult , and great confusion , -and constquent alarm that were created , and of the facts that people closed their shutters from apprehension , and that the ordinary business of men was to some extent suspended-This was the case presented on the part of the Crown . The defendant then ( it being neariy five o ' clock , and the trial having commenced a * about eleven ) applied to the Learned Judge for an adjournment of the case on the alleged grounds that he was too much exhausted and not well enough then to conduct his defence as efficiently as be might do and desired , and that several of his witnesses , whose testimony be deemed to be of importance to him , bad been prevented from as y « t arriving ct Warwick .
* The learned and humane Judge responded , that he wa * ready to grant tie defendant any indulgence he oonld . He said th * t be bad observed , in the do fendant ' a eoadacfcpf bia cut WUlerto , no desire vexa tioMlj , or * itb wrong motiTei ,. to protract the dura-Uon of tbe trial , and be ni quite willing to believe that the defendant bad no such intention . He den very mildly « id , <• i - ^ 01 accede to joa request , and grant yon the indulgence you seek , postponing your hearing until Monday . " Tbe defendant—I humbly thank you Lordship .
ME . Baron Aldebsok—Gentlemen of the jnrr , I hope and believe that it is not necessary to caution yon , not in tbe ceuxse of to-morrow , Sunday , or between this and Monday motolng , to communicate with any other person than one of yourselves npon tbe subject of this trial At present / oh have beard , you know , only
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one side , and the other remains to be told . You understand roe , gentlemen . The iJafendant—I nave perfect confidence in yen , gentlemen of tbe jury , end seek to put no farther restraint upon you than your own consciences may dictate to be proper and right . The CouTt then adjourned to Monday morning , at nine o ' clock .
• MoJttUY , Akbil 3 . At nine o'clock this morning Geobge White , the Chartist , in a tone of uprightness and injured innocence , commenced his defence . He spoke in an Irish brogue , and began by observing upon the character ot the witnesses brought against him , and said , that surel y the jury could not think of convioting upon the evidence of such blackguards as those policemen , " of that fine Mr . Tandy and the rascally spy Daly / ' He complained of the spy system , and of tbe people being hunted down by such fellow ? . Bad man , as the Learned Serjeant said he was , he had entertained tbe blackguard Daly at bis table in his private bouse , whore he had been prying into his private thoughts , and then came into the
witnessbox telling point blank lies against him . He had insinuated himself into the good graces of the defendant , as a private individual , seeking to have the sun trade taught him , and for these honest services Mr , Commissioner Bar » ess had made him a sergeant . He didn ' t think on Saturday night that he should have been this morning called npon to answer these trumpery charges , for he had then seen the " learned counsel looking quite ugly at one another" on the breakiug down of their witnesses , and thought that they were going to tjive it up . Was he to bo dragged from his home and his wife and child upon the evidence of tuch a set ol blackguards as they had seen , the vrry rakings and scum of Birmii > gham , who had been the companions of Mr . Griffiths ( the
attorney for the Crown ) for months ? He thought that Mr . Griffiths would ere this hare been tired of the dirty work in which he was engaged . As to the proof of alarm having been cause d , boyond that of an old woman who sold cabbages having * put up her shutters , there was none . The meetings had been between the hours of six and half-past 8 m the evening , and not in the night time , according to the evidence of these vile blackguards , and it was more desirable to make a population intelligent by lecturing on summer evenings than to encourage people to sot in pubiio houses . There waa nothing that he saw against him to answer , except the tomfoolery sentence mentioned by Portlock , " Bring them in your jacket pockets . " How could they bring the
policemen in their jacket pockets 1—and it was to the policemen that the word " them" was by this witness made to refer . He had been opposed to the colliers coming into the town , and he thought that the Anti-Corn Law League had not been benefittiug the working classes . He had had nothing to do with their strikes , but had told the people that if friend Sturge found them the money for the support of themselves and their wives and families , they might strike as soon as thfjy pleased . He complained of the great expenses that he had been forced to incur in having been forced to appeal to the Court of Queen ' s Bench to be admitted to bail , previously to which ho had been detained in prison for eleven weeks—shameful it was . He had opposed Sturge and all of that
party , and it he was a ro # ue , he was an open , and not a sly , cunning , hypocritical rogue . If it ( was to err , to be a friend of the whol ^ family of man , then had he erred , and not else . There had been no more disturbance than there would have been after a dog with a kettle tied 10 hi * tail , and all the children in Birmingham would willingly subscribe a halfpenny a piece for such a spree next week , aud for this cause there had beea all the police in hundreds , drawn up rank and file , and the military and all that stuff , and the police had been engaged iu running after a few little boys who threw pebbles at one another . The throwing stones must have been done with great care , for nobody appeared to have been hit . There was Mr . Spooner , one of the magistrates
who committed him , be ? aw on the bench laughing , and it was a mighty good joke , he dare say , to cry out " there's a Chartist , pop him in Warwick gaol , " but it was no joke to him , the fun of the thing was all one side . He knew that he stood in the front rank of Chartism . M I am a Chartist , " he said , but were people to be bullied and frightened out of the avowal of what they thought right ? He aTgued that the Charter was nothing new , and that the very word " poll" meant nothing short oi' nnivcrsal buffrage . He waa before the magistrates , it was true , and there was some chatter about siioks and umbrellas , but all that was in evidence wa 3 , there was a lot of little lads running about the street who frightened all the police . When before the magistrates he lost
his silk pocket handkerchief , by the way , and some body pocketed the affront as he did . There was not a greater set of scoundrels and known thieves than the Birmingham police . They had been turned out of various other towns , and prowled about the strtets prying into the actions of the people . 'He had nothing whatever to do with the Bull-ring affair , which was four or five years ago . He cana e from Leeds to Birmingham two years ago last February . He had brought a great number of witnesses at a very heavy 1 xpen = e into the town , but he did not know that he should call them to meel this paltry trumpery that was talked of . It would be a loss ot time . Every count in the indictment was knocked up -without ihem , and if the conductors of tbe
prosecution -were determined to keep them , the gentleman of the jury , he was not . He said that there was nothing against him , and , as tht ; case had not been provtd , he called upon ihern now a 3 honest men , and men who had families of their own , to pronounce him not Ruiliy of the crime that was alleged against him , His conduci had been such that he had had no noi » d to shrink ir . to holts and corners , as the witnesses for th ? prosecution had been compelled to do , and he had no di . ubt but that he should walk out of that room honourably acquitted . He trusted that the state of things would yet be changed , and thai thoso wbo were panpua now would become enabled to
earn a competency , and to be honest customers in the purchase of the manufactures of the rich , to their advantage , and the comfort of themselves , and then that these " blue-coated fat pigs , "' who were living in idleness upon the " vitals" of honest men would be dispersed and sont about their " business . Ho would not make a long defence ; he would not call his witnesses ; he would not keep tbe Learned Judge , the gentleman of the jury , and the counsel waiting there . There was another indictment agamst him , and he hoped and trusted that they would get rid of that also in the conrse of the day . What was he charged with , but that he was a Chartist , which was no crime at all J
Mr . Serjeant Adams—My Lord , as counsel for the Crown in the case , I don ' t thiuk it necessary to exercise my right of reply . Mr . Baron Alderson . —Very well , you have a perfeet right to do so if you please . That is a matter only for your own consideration . Air . Ssrjeaut Adams was satiofied with the leaving the case as it Stood without replying . Mr . Baron Aldeeson then proceeded to sum up . He said that there waa no evidence to support the count for riot , and thai the jury should confine their attention to those for the different seditious language charged to have been uttered on the three occasions of the 15 ih , 19 ih , and 22 nd of August , and that of the unlawful assembling . In order to convict of the former
respectively thry must be satisfied that the words were used , that they bore the meaning charged , and that they were used with the intent charged . An unlawful assembling consisted not in that which was calculated to alarm merely timid women and children and foolish men , but in what reasonably tended to excite alarm iu persons of ordinary mind and understanding , and to interrupt them in the reasonable enjoyment of iheir own comforts . If the purpose had been by the coarse alleged to change the laws , he was not prepared to say that it waB not an overt act of high treason , and this was a warning , which in no unfriendly spirit he meant to give on this occasion . People had a right to indulge their own opinions , and , by lawful means , to promote them , though he
himself and tbe gentlemen of the jury might differ from them . It was the privilege of Englishmen . It waa the improper means , bv force and threats , and not the object , which was complained of . The defendant hao . observed upon a particular measure as having been carried by force ; but he , ( the Learned Judge ) as to that , said that it was a crime , if it ever was done , to carry that measure by force . His Lordship then read the words contained in the first count of the indictment . The object seemed to be to obtain wuat the defendant called tbe Charter . There was no pretence for saying that the meeting had been in the dark hours of the night . The defendant , appeared u > bave concluded with an exhortation to peace aud tracquilify . It was for the jury to say ,
how far the import of the language might have been varied by the context and the rest of the speech , which tht-y had not before them . He had felt it to be his duty , in a case at Derby , to suggest possible contexts , making the matter of a less guilty , or more innocent nature . Here it did not occur to him how to do so , bat he enjoined the jury to take it into their consideration whatever of this nature might fairly and reasonably be suggested by their own minds . His LordBhip then proceeded to read the evidence . As to the excited state of the people at the time , he observed that what might not be dangerous at one time . and under one state ofcircumstances , might be so in the extreme at another , and under another state of circumstances . It might ba safe and not dangerous to introduce a red hot poker into
a grate full of coals , whereas it might be dangexoui and unsafe to introduce it into one full of guapowder or other explosive material . It appeared that At the meeting not many of the strangers in the town had been observed present . The notice of the magistrates waa a very judioious and proper proclamation to have been put forth at that time , forbidding meetbags of this ,, description . The Qaeen ' s proclamation bad been extensively posted in the town as well as in other parts of the kingdom , and it contained an exhortation to the magistrates to be vigilant and prompt . Tbe placard that bad been issued by O'Miell the defendant was not responsible for , and he must say that this was by far the most outrageous that had Seen produced . That about the " moral battle" was apiece of fudge that they always pat in .
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It was , however , only evidence in this case as showing the state of popular excitement at the time . The people had been peaceable . This ciroumstanoe was ambiguous , because it did not appear whether they were / so because they were so minded , or because of tbe steps taken by the authorities . The meeting in Summer-row had been after the posting of O'Niell ' s placard . At the meeting on the 15 th , in Duddeston-row , the language was oertairjly very imprudent , if used . With rogard to the spies , what oould be more irrational than for the policemen to be sent in their uniforms for the purpose of noting what was said ! They went for such purpose iu plain clothes of course . Jt wasn ' t a question whether the jury morally approved of the conduct of these
policemen , but whether they believed the acts spoken to by them to have been done as they stated . The evidence was admissible , though it might come from an impure and a tainted source , as was the every day practice as to accomplices . His Lordship remarked upon tho supposed intention to call off in some degree the military from the north , and then proceeded to read the words alleged to have been used at the meeting of the 19 th , and in allusion to those about the former dreadful insurrection and burning at the Bull ring observed , "What was this for but to set the people to aci against the Government and the laws ?" He then read and remarked on the placard which the defendant had been seen to affix upon the wall As to the prospects that were held out to the people
assembled , it was highly mischievous to hold out anything of the sort . " The poor shall never cease out of the land , " the Bible said , and it must bo so ; it ever wa 9 a .: world of trials—all had their trials—and the greater part of the ills which those who gathered round tho defendant complained of were such as Kings and Lords couldn ' t create and couldn ' t cure . There must always be poor people , and the existence of the poor would be the blessing of the rich , if , as he could wish , all did their duty as some did . The happiness and good of tho poor depended mainly upon themselves and their own conduct , and the rich should set them the example . In considering the language of tho 19 th , the terms of the preliminary placard were to be noticed , but he again
observed , that it was fair to give tbe defendant the benefit of any ingenious suggestion as to the context , because they did not know what it was , but none occurred to him . His Lordship then read and observed upon the words used at the meettug of the 22 nd . As to those of " Bring them in your jacket pocketB , " they were nonsense , taken literally as deposed to , but it was for the jury to consider and determine what their true import was . Then as to the words , " Force to force , " what could th' -y mean else than setting the people to resist the authorities . I There , then , were tho instructions for a placard given to the printer by the defendant . The printer thought that someof the words were toostrong , and refused to print them , and some wore struck out , which , though
legible enough , they would put out of their consideration . The defendant was to bo responsible ODly for what he had actually adopted . What remained called upon the people in two large characters , " To work n <> more , " and spoke of their " delivery from the hellish tyranny that blasted the hopes and the prospects of the people . " Now , those to whom he referred wtro no more the people than were " the three tailors of Tooley-street . " The defendant was a man of acuteness aud understanding , and , one would think , must have seen and known the operation of these meetings at such a time . The people , iu giving up the meeting that had been intended ( Sturge ' s aud O'NquTb ) had acted in accordance with the law , aud upon the principle that tho better part of valour was discretion , and ho wished that the defendant had given thorn up too . One of the policemen had very properly declined to answer the question put to him
" Whether he wasn ' t the worst person in all Birmingham V and the Learrud Judge thought that it had not been judicious in the defendant to cast aspersions upon all the witnesses for the prosecution , without proving anything against any one of them . If they were all of such very bad character , it was very Unfortunate . With the defendant ' s letter to Coopur , which he read , the prosecution closed . Was it reasonable that anybody should have the power to say of himself what therein appeared about his body guard , and so on , and the throwing tho raw lobster into the canal ! Wbo was he that he was to havo a body-guard ? The question was , whether they were satisfied that ho uttered the words with tho intent imputed , &c . If they thought so they would convict him . If they could explatu it iu any way consistently with his innocence , he besought them to give him the benefit of it .
The jury retired , and in a few minutes returned with a verdict of GuiUy , upon the first three ecu tits . Sentence will be pronounced in the Court ot Queen ' s Bench next term .
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THE DEBATE ON MR . BUNCOMBE'S MOTION
In the House of Cemmons , on Tuesday , in last week , after presentation of petitions on various subjects , and some conversation on foreign matters , Mr . T . S . DDNCOMBE rose to move—" That a Select Committee be appointed , to icquire into the grievances complained of , and the allegations contained in the petitions of Genrge White , of Birmingham ;—Rebert Brook , of Tudniorden ;—James Leech , of Manchester;—J . G . Havney , of Shtffield , ; —Jonathan Brown and nine others , prisoners in Southwell House of Correction ;—R . T . Morrison , chairman of a public meeting at Nottingham ; - —John Sfeevingtou , of Ln ^ ghborongn ;—James Arthur , of Carlisle ;—John Allin-on , of stocKport;—Samuel Robnson ;—of Stoke-upon-Trent;—James Mitchell , of Southport ;—Samuel
Crowther , of Halifax;— William Gilpitlan , chai man of a public meeting at South Shield * : —the Cjnnniitee to report their opinion , with tbe evidence , to the House . " He said that her Majesty had been graciously pleased , in her speech from the throne , to express her concern that the public peace had been most seriously disturbed during the hst year in the manufacturing districts : and hpr Majesty bad also been pleased to observe that the ordinary laws of the land had been sufficient for the suppression of those disturbances . He believed that the House fully concurred in these views : but he believed also , that if the House hud been in possession of tbe circumstances which he was now about to lay before them , they would not have expressed themselves as they did in their address in answer to
that speech . He did not wish it lo be understood that be intended to impute to the government tbe slightest desire to mislead her Majesty , that Hsuse , or the country : he believed that the government had been themselves misled , and that up to the present hour they were unaware of the illegal transaction ! which had taken place . He did not mean to say that the ordinary law was not sufficient . It we s not understood that the government had applied to Parliament for any extraordinary powers , such as a suspension of the Habeas Corpus Act , or of the other acts passed in 1819 and 1820 ; but he appeared there to say that something more than the ordinary law had been put in force—that the magistrates of England had administered something more than the law , and that they had administered it
with partiality , cruelty , and oppression . He was aware that be was not now about tn address an impartial or an unprejudiced tribunal ; for look whichever way he would , he saw nothing but justices of tbe peace—( hear , and laughter )—the great unpaid—ornamenting every banch of that House . He was aware of the risk ho ran , of the hornet ' s nest he was bringing about his ears , by the statements which he was about to make ; but he had a duty to perform , and he should net shrink from its performance let him please or offend whom be might . ( Hear , hear , hear . ) His motion wat not brought forward with any party views or feelings whatever , and he trusted that if he should be able to make out a sufficient prima facie case for tbe inquiry for which he asked , there was such
a sense of justice in that House that no sentiments of false delicacy would induce ;; ny man , or any body of men , in that House to shrink from the duty which they owed to the people —( hear , hear . ) He had presented some petitions to that House which he proposed to refer to a select committee , in order that the committee might report their opinion © n tbe truth of the allegations in th ' ose petitions ; and it would be necessary , if not to refer to the whole of the petitions , to refer to most of them . The first petition related to what might be called the origin of the disturbance ; it wos a petition which had proceeded from a meeting held by the inhabitants of South Shields . He had presented it to tb . 8 House on the 3 rd of March , and he had since then received various communications respecting it from the
manufacturing districts . The petitioners prayed that House to institute an inquiry into tbe origin of those disturbances , and they certainly rtid so in no very qualified terms . The committee of that House who had ordered it to be printed had caused to be expunged from it certain words which applied to the conduct of individuals . The petitioners expressed their regret at the disturbances whieh had taken place ; they stated that they did not attribute them altogether to the distressed Btate of the people , but they considered that the causes of the late outbreak were mainly owing to th 6 j inflammatory and revolutionary tendency of the speeches of the Anti-Com-Law League —( cheers from the Ministerial benches . ) They stated that whilst their friends were suffering imprisonment , expatriation , && , those who were the causes of the disturbances were at liberty , and they asked the House to institute a strict and scrutinizing investigation into the causes of the lato outbreak .
The Hon . Speaker then ran over the principal incidents of the beginning of the strike first in Staffordshire and then in Lancashire , which being already familiar to our readers we omit . Speaking of the meeting at Manchester , on the $ > tb of Augaat , in Granby-row Fields , to which tbe Aihton men -were sscorted by Mr . Masdtt and the Common Clerk , b « said , that meeting was addressed by a very intelligent man named Doyle , a Chartist ^ in the presence of the stipendiary magistrate and the common clerk ; lutafecoune ot bia address Doyle said that there could be no doubt of the meeting being a lawful one , the stipendiary magistrate being present , land that no one could afterwards object to anything not being done in a lawful manner as they were then acting . Tne consequence was , that every one was satisfied there was a dearee of sanction given to these proceedings . The crowd soon separated , and proceeded to pay the visits they intended to pty before they entered Manchester , and invited the different mills
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to turn out . 1 At the end of three days hardly a mill was at work at Manchester . It appeared that this outbreak was not got up for the purpose of carrying any public measure ; but after this time delegates wore chosen and met , and nearly all those individuals wbo turned but declared for what was called the Charter With respect to this demand for the Charter , or political equality , he would only say that these people were quite as well entitled as any other class to demand what they conceived to be their political rights . On the fourteenth of August , things had taken a very different turn from what was expected , and fro < n that nibment a degree of severity—a degree of oppression and unconstitutional proceedings of tbe most disgraceful kind were resorted to on the part of the
magistrates towards those individuals who bad engaged in the turnout A . proclamation was issued by tbe magistrates , aa he bad been informed , in which protection was promised to life and property , and in which it was staxed ; that those who resisted the turn out and continued to work should receive ample protection ; and , if he jwas correctly informed—and the matter could be eaBily investigated by the committee , if it should be granted—some of these millowners who had seen the proclamation , aud had therefore resisted the mob in their attempt ro enforce the turn-out , were blamed by these magistrates for resisting tbe mob . — ( Rear , hear . )] Now , what was the state of the country bstween Colne and Burnley at this time ; aud what wj . 3 the conduct of some of the magistrates and
millowners with respect to the turn-out ? He had received a communication on this subject from a person of the Dime of Beesley , who resided at Accrington . *• On tb « 16 th of August the crowd from Burnloy demanded admission into Colne , and promised Mr . Folds ( magistrate of Colne ) that no property should be destroyed , upon which he ordered the soldiers to open out , and the town was handed over to n Chartist of the name of Mooney , andjalso gave him £ 1 out of his own pocket , upon tbe understanding that life and property should be kept inviolate . Now , if the late outbreak had not been concocted by other than the working classes , would this dispenser of justice have given the town into the hands of the people , and with it money out of his own pocket , when he hud a
sufficient force to keep them back ? 1 have received from Bucup , ' information respecting the conduct of some of the manufacturers is tbat neighbourhood . Mr . Brooks , of Sunnyside , I believe the son of the alderman ( this information is from men who were there , and are ready to make oath upon it ) , said to them , when the people went to stop his works , ' that they were taking the right plan ; that by such means they woald be able to compel the Government to do something for tbem , and byjno other means . ' He also went round his works , and showed them his boilers , whilst they drove in the . plue ; 8 . He gave them every encouragement , and told them whtre tbe other print-shops were in they neighbourhood , and the people proceeded from hit works to stop the others ; he also gave tbem
something to eat . Mr . George Hamilton gave them food when they stopped his mill ; this gent eman lives at Irwell-terrace ^ near Bacup , Lancashire . Mr , Whitehead gave them bread , butter , ham , and cheese , when they stopped bis works . Mr . Acferoyd , B * cup , gave ttiem , wh : n they stopped his mill , both food and money . WitU respect to Mr . Folds , when in tbe police-office after my arrest , 1 heard the superintendent of the police say that Mooney could not be arrested ; that tbe magistrate had acted rather injudiciously ; that they had given Mooney the power to stop the mills ; and that he bad done bo under the sanction of the magistrates . This I can Jafiirm . " Such proceedings would certainly lead any one to suppose that th millowers and the magistrates did not object to
the mills being , stopped ; but tbe moment those persons declared in favour of certain political rights , a very < Jifl > rent course was pursued from what bad hitherto been followed . On the 11 th of August , be believed the magistrates first assembled tit the Town-ball respecting this movement , and they sent for Sir C . Shaw . Tbat officer thought ; it to be bis duty to give in a list of-the names of tbose parties whom he considered to be the most dangerous agitators of political questions in tbe U . wa of Manchester ; upon receiving which , some of th * magistrates present stated that they knew that these were the persons who had caused the late disturbances and had originated the outrages which had taken place . Upon which , as he ( Mr . Buncombe ) had been informed , Sir C . Shaw said that this was not the case , for that he
knew that the persons who originated the turn-out and the didturbances were the hired advocates of the Corn-Law Laague-4 ( 'oud cries of " hear , hear , " from the ministerial benches . ) This was also one of the allegations in the petition which he had presented from South Shields , and if the allegation was capable of being disproved , the committee would be a very proper-tribunal for that purpose . The proceedings , however , which then took pluce towards the working classes were of the most unjust nature , and the petitioners were perfectly right in saying , tbat punishment should uot be allowed to fall on the beads of those individuals who had received some encouragement , but upon the originators and promoters uf these disturbances . But what was the conduct which those
magistrates of Manchester pursued towards those who were supposed to be guilty of what be supposed he must cn . ll political offences ? On this point te would refer to the first petition which he had presented , from Jamts Leach , bookseller and stationer , of 40 , 0 : ikstrtet , Manchester . It appeared that it was intended bf hiniPfalf and other delegates to hold a public meet ing on the 16 th of August , in commemoration of the memory or Mr . iHunt , for that was the anniversary of the day known { by the name of the Pet&rloo-day . ' The petition commenced thus ;— " That your petitioner was arrested on the 17 th day of August , 1842 , on a charge of Sedition and conspiracy , and after being confined in a dark , dirty , and damp cell from Wednesday till Friday , was then , for the first time , brought up before the
magistrates , Messr ? . Foster and Maude ; and , ^ tfter an examination , was ramanded till Tuesday , Mr . Beswick , superintendent I of the Manchester police , stating by tbat time he should be prepare J with his witnesses . " Now he would ask the Honourable and Learned Attorney-General whether he ( Mr . Duncombe ) wus not correct in designating this imprisonment of the petitioner , without examination , from Wednesday to the following Tuesday , an illegal transaction on the part of the magistrates ? Tne l . iw was , that , when a man was arrested , he stululd be carried before a magistrate US soon as possible ; but ft appeared tbat this petitioner was arrested on jthe Wednesday , and was not carried before a magistrate at all until the Friday , although there was a magistrate sitting up stairs in the place
where he was rionflVed . It appeared that when Mr . Leach was carried before the magistrates , Messrs , Maude and Poster , they did not take the trouble to inquire into the case , but ; remanded him , without examination , to the following Tuesday : this , he contended , was an illegal proceeding , aud be should like to see the lawyer who would say that it was not so . The petitioner proceeded to say , " That good and substantial bai was offered ; but was refused , on the ground tbat the offiince was . of so heinous a nature tbat no bail could be accepted . "' He begged to remind the H < u * e , that the offence for which Mr . L-ach was arrested was , that a placard was posted at his door id Which the people were called npon to declare for thy Chatter . " Thatyoui petitioner then , with thirteen othera , was
confined in a very narrow cell , where there v / as scarcely room for two persons to paBS each other , and where the stench arising from a privy at one end of it , along with the diaagreeableneaB of so many being confined together in so small a space , rendered it mo ^ t intolerable and disgusting , j That at night your petitioner , with three others , Mr . Charles Turner , Mr . Tinker , and Mr . Siddons , were locked up in a cell two yards and a half by two , in which there wtre two beds , two feet and a half each in breadth ; one of these ceils are usually allowed for two prisoners , though they be felons . The betU were swarming with vermin , and the narrowness of them rendered it impossible for your petitioner , with the other prisoners , to take off their clothes ; Tbe consequences was , that your petitioner , with the cthtr
prisoners , never undressed for thirteen nights . '' It appeared that the petitioner , as well as those con lined with him , were remanded for thirteen days , because the superintendent of police thought proper to tell the Magistrates tbat i if tbey were remanded , he should be enabled to produce evidence against them at a future day . At tho same time it was clear that this man know tbat there was no evidence , and that he should opt be able to bring forward any evident showing criminality on the part of these persons . The fact was , that this was done to prevent these persons being set At liberty , ami they were thus confined in this disgraceful manner in defiance of the Habeas Corpus Act , which , notwithstanding the boast of the government that the ordinary law had proved sufficient in their hands , had been
virtualy suspended by the magistrates in these dist ; icti . That oa Sunday , your petitioner , with thirteen others , were paraded in' the prison-ynrd before Sir Charles Shaw , Inspector Iirvin . Mac . Mutlen , and others of the Manchester police . Your petitioner was called out from the rest of the prisoners by Sir Charles Shaw , and asked if tber j was anything he could do to serve your petitioner ; that your petitioner complained of tLe great hardships to which ho was subjected , not being allowed to see any of his family or friends , ant ! requested him toisee Mr . Maude upon tbe suoject . Which he promised to do-, that gentleman ( Maude ) however , refused every : application made to him , and during the whole period : of your petitioner ' s confinement , neither friend nor ; even legal adviser was allowed to visit him . That op the following Tuesday , August 23 . your petitioner j was again brought up befere the above-named ( magistrates , and after a lengthened examination
, was : again put back till tbe Friday following , the prosecutor statiag , that by that time he had no doubt but be would be able to prove a yerj serious offence against you petitioner ,- good and substantial bail was again offered , but refused , oa tbe same grounds as before . That on Friday , August 26 , your petitioner was again broaghi « p , and aft « r an elimination -of witinsaea bad been gone throngh at great length , w * a oommiUftd to take bia trial at Liverpool , bat would be alloweajtrjit , mpoa finding two smreties ot two hundred jKrands each , and , himself in four hundred , giving forty-eight hoars' notice of bail ; that bail was immediately tendered tin court ; notwithstanding , your petitioner wes put back till the forty-eight hoars should transpire , and was ultimately liberated oa Tuesday , the 30 th day of August , at four o ' clock in the afternoon , being ninety-six hours in prison after the bail ¦ bad been first tendered in court . '' Now , it waa clear in this instance , that not more than forty-eight hours was required to inquire ! into the solvency of the bail ;
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bat it was determined to prolong the imprisonment , in the most wanton , unjustifiable manner , for forty-eight hours longer . If a committee were granted , he should be able to prove that it was well known to the magistrates tbat the bail which was offered by Leach and his fellow-prison els could not have been better as regarded the gentlemen who presented themselves fox that purpose . " Shortly after , your petitioner was again arrested on a second charge of conspiracy , and after seven days' confinement in New Bailey lockups , was liberated , upon fluding two sureties of £ 200 each , and himself iu £ 400 , to appear at Liverpool , and answer to the second charge of conspiracy . That your petitioner appeared at Liverpool , when the first charge upon which your petitioner was arrested , and after suffering thirteen days '
confinement under the circumstances above mentioned , the indictment against your petitioner was abandoned , and , as he believes , from a knowledge the prosecutor had that bia witnesses were most grossly and foully perjured , and that your petitioner bad ample means to prove them so . That your petitioner has great reason to complain of the unconstitutional conduct pursued towards him by the authorities and police of Manchester ; your petitioner , therefore , prays that your honourable House will be pleased to institute an immediate inquiry into your petitioner's case . " Thus , then , the result was , that when they went to trial at Liverpool the whole charge was abandoned , and thus these men were kept niueteen days in prison without bail , when it was clear , from the very commencement , that the whole charge must be abandoned . After Buch a proce « di g , it was mouBtvous to talk to them of justice to these individuals- Mr . Leach stated that he bad been
corifined with Messrs Turner , Tinker , and Seddons , He ( Mr . Duncombe ) should now call the attention oi the House to the cases of Mr . Turner and three other persons , some of whom had been confined for thirteen days , aud some for nineteen days . Mr . Turner was a highly respectable priuter in Manchester , and the sup . posed offence with which he was charged was the printing the placard which was affixed to the door , of Leach , and for which he was apprehended . For this Mr . Turner was taken up , and confined in one of the cells of the Town-hall for three or four days before he was examined . Wbtn be was arrested , also , a very great outrage was committed with respect to two of hia apprentices , who were carried away by the superint&ndent of police ( Mr . Beswick ) under the pretext that if tbe apprentices appeared before the magistrates with Mr . Turner fcney could get back earlier to tell tne result to Mrs . Turner .
The Attorney-General asked whether this wai alleged in any petition from this person ? Mr . T . Dungombe Baid that Mr . Turner had not presented any petition to the House , but he had bees requested by that individual , and by Mr . Tinker and Mr . Seddons , to make their respective cases known to the house . Turner , then , was carried to the cells , mi after the lapse of time which he had already described , and aftsr all the impediments which hid been thrown in his way of getting bail , he was liberated . Turner , on hearing the nature of the charge against him , and b ^ iiewng that ha had been guilty of ^ 10 offence , on hia tri ;» l at Liverpool pleaded guilty to the mere circum stance of having printed the placard , and since thea be had nut been called up for judgment . But was this
an offence of such a nature that aiperson merely charged with it should be locked up in a felon ' s cell , not mow than thirty inches wide , and where there was not capv bility for four men to sleep , and where the place wag swarming with vermin ? This was a most revolting proceeding towards those who were presumed to be innocent in the eye of tbe law —( hear ) . The appro * , tices were carried away under the pretence tfaac they would shortly return and inform Mrs . Turner of tbe result ; but instead of that they were conveyed to tt » Isle of Man and kept there for the purpose ef giving information and evidence againsttheir employer . Theaa apprentices were kept ia the Isle of Man until the special conimisswn sat at Liverpool la » t October . Am ho had just stated , Mr . Turner , thinking that he had
been guilty of no harm in printing this paper , When his trial canto on pleaded guilty , and what was the n > suit ?—why that be had not been brought up fcr judg . ment . When the persons who were engaged in getting up the cases for the prosecution at this commission found that they could make nothing of the apprentices , and tbat they were not necessary for the prosecution of thea employer and the other persons against whom charges had been brought respecting the placard , they sent tin superintendent of police to Mr . Turner , and said that he must take back his apprentices . Mr . Turner replied , no , they had left hia service , to the great injary of bis business , and the persons who bad induced them to do so were the responsible parties . Upon this Mr . Bes . wich , thinking to alarm Mr . Turner , pulled out a letter
. which he alleged he had received from Mr . Gregory , the gentleman wbo was sent down fcy the Government to investigate the cause of these disturbances , aud read : it to him , in which it was stated , tbat if Mr- Tarejr , did not tak « back the boys , that the Government would have him np to London , and proceed to have sentence \ passed upon him . Now he ( Mr . Dancoiabe ) shouidlilffl i to see the Government which would , after this bring : up this person for judgment because he did not comply I with the orders which were alleged to have been mads j respecting these apprentices by Mr . Gregory , ani whom , by the bye , he still refused to r *« eive . Then , Trith i respect to the cases of Messrs . Tinker and Seddons ; be ! thought tbat their treatment had been still worse . Hs j would read to the House a statement which bad beea I made to him on this point l > y these twe persons . They
1 staled— " On the 14 th of August , 1842 , we , Isaac Tinker and George Ssddon were apprehended and tatea from our beds at two o ' cloek in the morning by tta superintendent of the police , R ' cbard Be 3 wick , and a numerous body of special constables and soldiers . We were then taken to the Town Hall , Manchester , ani after undergoing the ordeal of searching were locked up , without an hearing before a magistrate , or . exa * ! mination during a period of six days , that is to say . fiom two o ' clock on the morning of Sunday , until ten o ' clock a . m . on the following Friday . At this period ( Friday ) we were brought before the stipendiary magistrate , Xr . Maude , when Beswick , not being prepared witheridenue , we were remanded until the following Tuesday . On this occasion our able barrister , Mr . Green , proved
that the several charges of tbe indictment were only misdemeanour offences . The officer who apprehended us refused to shew his authority for so doing . Wa Were again remanded till the following Friday , when , no evidence being forthcoming , we were again remanded till the Tuesday next : we were then brought ap in 1 close court , and our friends refused admission . Mr . Beswick again appeared , but stated that he had no evidence to adduce , although be confessed , 'be bad ransacked the town for that purpose . ' We were now admitted to bail , to appear again iu a fortnight , tod were compelled to find two bona Me sureties of £ H 0 each . At the time appointed we again appeared at the Borough Court , when Beswick having communicated to the magistrates that there was no evidenee , -w »
were dismissed . You will thus perceive we were in prison nineteen days , and eleven da > son bail . In conclusion , it may be well to state that we have both been unemployed since that period , and' have scarcely tb 9 chance of succeeding again . Seddon , who is a delicate man , is fast declining , aud Tinker and family are suffering severely . " These persons were in prison in this way for nineteen days , and there never was a grewi violation of the liberty of the subject than in this proceeding . It might be well to state tbat these me > had been almost constantly out of employment siw 8 tbat period , and they assuredjhim that there was scawsly any chanes of their obtaining it again . After Ihis do not HI him that this was law , or anything 1 *« law , for the Habeas Corpus Act w ^ s virtually and
praet ' cally repealed if such proceedings as these ware to » tolerated . From the case of Leach and his associate * in the prison , he would proceed to that of Skevingfon . This person , in the petition which he presented to the House , stated that "in the month of August last ths people deemed it right to cease working , but « a > peaceable . On the day before the people strew ( Thursday , August 18 th ) , the magistrates of tbi 3 district commenced swearing in constables ; and on the Fri * day , the day the people struck , they swore in thewhote day—they sworn in , drinking at the public expens * A peaceable meetiDg was held at six o'eiock in * p evening , and notwithstanding the two special constables endeavoured to make a disturbance the peoples ^ rated quietly , intending to meet at eight the same nigD «
but the constiibles being so drunk , and anxious for * riot , the meeting was given up , to show that the peop » were for peace . The magistrates continued at t& * public office , and had the attendance of policemen . pensioners , and special constable . ? , which caused ^ boy and girls to assemblo , from curiosity , when , no ^^? j bance having taken place , the riot act was read 0 ° thu following mornim ? , the 20 th of August , I was ar » rested at my own door , on a charge of using seditious language , about one or iwo hundred policemen , p& isioners , and constables , with the head of . "" police , coming for me , and I was taken before tLe magistrates , Messrs- Philips end Diwson , wo the Kev . J . Dudley . On tha testimony of one & * stable , v . hose evidence was refuted by three witness ^ —^ v v ^^ H ^ v j ( v ^^^ ^^^ j ^ 1 ^^ ^ , i . nr i j ~^ r ^ 4 q . ^ v ^^ ^ ^* v ^ . m v —^ ¦ ¦ —^ ^ — p
^ ^^ I waa ordered to find bail to keep the peace &rS r mnntli * . only one hour being allowed to obtain » Bom fide bail being then refused , I . was conveye dI w Leicester , escorted out of the town by abaat ,. l policemen , pensioners , ansl con .-tables , and nine solo ; er » with drawn swords , tbe soldiers and four policem *" going all the way with me . At Leicester I wastre sj w as a felon , and lived on felon ' s fare , washed in J& bath , prison dress , I &c . j remaining there till the 23 » of August , when the difficulties thrown in the * W of bail weie removed . You ? petitioner further Wgs to state , tLaton the following Monday soraei p ««! " were taken up on the highway , and required to w ? bail for having walking- stick * . On Taesduy efW ? 00 ?! scouting parties were sent out , one of which fon ^ some men at the monastery , where soup is given aw ? l
they brought them away as beggars , getting here aw «» Bve o ' clock the same evening ; and after nine , Wjf tbey had been sent to bed , the magistrates bad tnep sailed up , and committed for one month , and one ntf * because he was known fe be a Chartist , to tW * monthtf hard labour / ' With miwct to the men * o " had been taken into custody , and who had been ¦ » £ luded to by the petitioner , he ( Mr . Dancombe ) f received a representation regarding their case , f * °° ^ person of the name of Warn ©* , which he would xeau tow * House . This paper was dated lougbboro ' , and Pr o ce ®~^ " John Mee and others weretSfcan up on the 22 na ¦•» August , by the inspector and ^ birteen of the couni * police , armed with swords and cutlasses . They too * Continued in our seventh page . )
Untitled Article
f » THE NORTHERN STAR
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Citation
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Northern Star (1837-1852), April 8, 1843, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct797/page/6/
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