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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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MR . DU ^ COMBirS MOTION . ( Continued from our Sixth Page . ) rtjgjji all to the Longbborouj > h police station for safetj Z ^ tb . the middle of the night « dlea them out of bed , « 2 j tooi them before Edward Davraon , Esq ., -who w&i f ^^ Bg »* * b e Governor ' s bonse . He asked the supersjjjatfient if he saw them begging ? He said , 2 ia , bnl : T ~ 7 the prisoners } had said they -srere begging . ' Hu f ^ B » lip said , * That 'would do , * and asked their names , ¦ mjgn J . Hee told Mm his name , the worthy Magishalg'B reply -was , Oh , I shall send yon for thra ^ jjrtla ti > bsxA labour , and I am very sorry I cannol jgjai yoo &r longer . ' And is your came Green ? ' to sao&er- The answer being Tea . ' Then yon maj jo . ' Wlthont any i « ason whatever being expressed , a » e otiea - »« re sent for one month each ; and _ whei
* jj £ . y ai » vea at Leicester prisea , the Governor gae * Sosed them . He told them It was a very mean tise , for " l believe yon are innocent ; ' and the -chaplain questioned them very closely , and jaid , » I belieTe yon are jjjjtocent , because yon are all in one mind , and one tale ; but GodirssTisitinS them forsoma of their former sins . ' Sow , Sir , the facts of the case are these : —There is a ^ jju ^ tery fibont » ™ De from Sheepahead , "where sonp ii riven iw&y eTerT ^* y to all the poor that go ; sid fcey "were in the soup-room , and Father Edwards tol 3 them to Trait a minute or two , and he -would in » K them something to eat ; and before they had time to bring them any , the police lorce entered and flared them away . Before the police reached thi « hosiSable bnadii *__^™ t t » o « eB « B bo ^ e * . Beiaed d asied tie inmates whether
yftosa . t £ ey , sa ? hese two men had not been there begging , and they sad ' Xo . ' ' What , not a little water V And the rsply TO again ' 2 fo , ' but ; tlie police themselves then had the daring impudence " to beg some pears wbich they «* They then asked wbetber the cottagers haa seen uub ' j persona go up to the monastery ; and they said , . ith ^ e ^ rere peisoss contiinislly going up , SO they could i no ; tell ^ ho went . All this -was done without the knowledre of the inmates of the monastery ; and Father i Edward says that he -will give his oath they never j a ± ed for anythinf . " He had always -understood that 1 hlrss * pz ^ flegerf fhe poor to go *»*<*« & > » = P . j ts offiei ebarit&bla donations , from an institution hke ; as present , -without their being interfered -with . Was ¦ it not monstrous , then , that men under such drcum- j Sauces should be committed lor three months , or one \ month at the discretion of a magistrate , merely because j Chartists ? thai t .
fiievwere too-rato be He came * a , e 2 e of a most afegiacefal character welch had occurred | si ilaafiiestgr , he msmt that of the Bev . J . Scholefield who had been iepi sbvbb dsysio prison -without any ; charge being made against him . Tfce fact ol the Be- ? . Mr-Scaoltfield beingattested in the manner in which . ha was , and the treatment which he was exposed to , ; jtrkcted the greatest disgrace on the magistrates who treated a most respectable dissenting minister in tnis . Tray . Tbls gentleman was arrested at six o'clock in tie ¦¦ . BjorniEg , on the 3 Otix of August , with his son , a lad abont srsieen years of age , and be described the treatment which he then met with in a letter -which he had ! jgdrsased to him ( Mr . Duncombe ) . He said : — "On Friday , the 3 Bth of September , 18 i 2 , sssoon as theser- j yanl opened the gates to my house , a little before six j jit , ihree ol onr police constables , Messrs . Besirick , < Inrin , and Green , came into my bouse and ; seat the servant up stairs to say that J j was wasted immediately . I came down , half 1 ; j ¦ ; . : I I ! | i ; j
iressed , totnow the pmport of their early Yiait . ilr Beswici said , * I hiTe a warrant against yon . * I said TaywaU ; Jwffl ^ Tssa aad co rns downagaindirectly . ' Irctumedand said , * What is tie nature of your -war-Tz&r He read the subsiance of it , being for ' riot , COBspinry , ic * I swd , "Very well , I am your prisoner . * 1 was giving instructions to my son . a youth fcihB twentieth year , as to what he must do . ' Tea , * BjiMr . Baswici , * bnt I have a warrant against him sijo , fcrpublisainjg & seditious plfiCSrd . ' I asked him 2 bs had any morel He saiii , ' No ; but befene I go IffiBJt loot over your papers , letters , drawers , &&' J Bid , 'Ytry well ; ' and ordered my daughter to open iaj place ha might wish . He accordingly commenced
lu search ( without legal authority , as I hsre since isamed ) . He emptied 01 * 6 drawer of the -whole of its contents ; very diligently examined the surgery ; then , isto my prirate room , where was opened far Mm my jsretsire , portable writing-dest , drawers , tc . He was Taj cariott 3 in pryinf into things that coald not really concern him , such as my Heeds , bankisg book , &c I aid to him , ' . Surely there is no treason the »/ Then , to lie ara-srers and woik-boxea ef my daughters , in the ESJBgToom anfl "bed-room , and into all the rooms in the bzsse . Thsy tooi a large parcel away with them , and rtkh I have net as yet got i * ck ; but it is remarkable Sat not one document was produced , either in Mandierter or Xaucastei , against me . We were taken in a tos&to the poliee-oSse ; aTter a While were Sent for
tT Sit Charles Shaw , chief commissioner of police , ! Staff > rdsMre , in the case of Arthur George
* k » e tens expired that Tery day , aad he told us to fu to the Borough Court , and ordered an officer to Mow at a respectful distance . There we found man ; * : nthers . We were not there long 'before we were sent from Stance to ihe If 6 TT B&ilfiy , the County Court , and , ; sstUit opened , we were , with about a dczsn others , I cammed np in a small cell abont three yards wide and ' EiDT eigliV yards long , with a disgusting 2 nd offensive i place at one end sa&deat to make a * y one sick . About ~< c » o ' clock we appeared in court before Mr . Maade , ttve t jgpaodisry magistrate ; and ilr . Gregory , not having . laycaarge against us ready fora hearing , we were re- ; TEmfeo until lbs Tuesday following . I offered bail for i ffijjdf and son ' s appearance ; but no , my case was so S ensro that nothing but my person could be taken ; as I
1 uvcnr my con was cut on bail . I was thus at once ) Et off from all my professional and important duties , ; peesmsr ? transactions , it , and my own SOB could not sens -ffiihonl a magistrate ' s order . Tuesday came , s&i ifler fbs examinations my son was to find bail in £ 2 MMmself , and two others of £ lOO each ., andmyself in £ Ji 8 , and two suretifis of £ i 00 each , w ^ h forty-eight beers' notice . My ball was tendered then , but refused ; J » the expiration of f « rty-eigbt hours again offered at 6 = Bomai ^ i Court , before Sir . Maude . He was abont , to rscefreit , but one of the police officers put him a » Sp d paper on the bench , and he then said they must Bike further inquiry . On this they ( the bail ) went to Ss Thomas Potter and told him theii-case- He said > Is toOsI take fee ward of any of them foi . £ 1 , 000 . xad pramiBed to meet tSem at XeW Bifley at fi » e ofiodt , ' snd we'll have him out , yon . shall see . * la 1 time eame , audit was done . Hbus was I at liberty ifan , after a week ' s imprisonment ; and since , at
faster , a complete acquittal , and my son Dot I * *!^ at all . ' The expense , inconvenience , Ed aimoyaiics baa been great . " The police-2 > a thEa took the papers of this gentleman psj , aad had ' never returned them to the B « v . Mr-SrboMeia , although he had repeatedly applied for i ^ a , andnot one of these documents had been used * a tfee trial bj the Attomey-GEneral whicb . had been eo 2 ^ afly taken from Mr . ScholeS&ld . The result of the kal was , a 3 was to be erpeeted , that tbe Eev . Mr . S ^ olsfiald was hoBtmably acquitted . Thus , then , as genlloKsa was remanded to the New Bailey prisa , irom day to day , for the purpose of seeing whether 23 s superintendent of police iBeswick ) could not suce » a in getting np some feasible charre before the saptotes . The Dtat petiaon to which he « honld ^_ 1 iie attention of the house was that of -George wiste , news-agent , e / BromagrovB-street , Bimmgham , *™ explained strongly of havinr been committed to oa the
^« ^ vidace of hired and acknowledged spies . fc ^ Ll " ^ te ^ S could be more disgraceful to s ° f enm * nt , or 4 magistracy , it was the emp ) oyment « f ^ J ** ' hBSZ'i Se ^^ n £ >* believe that the ^ . HTO onaMB Barooet , fee Secretary of State for ^ 5 me Depirtoeiit was at all cognizmt of , or a K «? employment of spies on this occasion , rT *™^ not belie-re that he could have anything W / 3 ^^ tta a proceeding . With respect to what ZT r ^~ Jf &-orge While , aganas wiom there ttc ^ T **?*?* eTidenee adduced , when he was tiien Wa v * ' ^ c "uence aoaucaa , wxien ce was ^ fitor the
. e magistrate , the first witness produced ' , eottii ^ lv ? 01162 Sergeant I > aly . Ou hU being ! * iaiWnr " » itaess said that he was acquainted j i&i that * " ^ Bame of Brown and the petitioner , I Tbi' hT , i « customed to walk about with them , i « a mi n ££ ^ » in coloured clothes , and that he ; WkT ^ lSS * " * ' * ** *** " tt * ' ^ as in the , teJtM ^ ^ a *« l -Bhfcther he was instTUCted by , ea On ^ r v ' Mdhe replied bj 2 n * superior offi-i Bcg ^ J ™ ** W tether asked whether he had , deag * ^ ° M £ as to umnuate himself into the confl- i iSamr ^ ^^ 5 ^ ^ e other person , his answer -was > « Pveo iy 2 £ t Griffith , tile maFistrale . -who said ¦ 688 Vas not
$ & £ o ^ n ^ t > wmd to answer the ' c 22 f the Habeas Corpus , and the Bill of Rights , calls jjjTZ jIL . ^ " ^ hite expi « Esing a Btrong wish to ask it an offence against the liberty of the subject *'—{ hear , jE ^ ix !? ijj ° * ^ - Spooner , another of the magistrates , hearj Lord D ^ nman further on told the magistrates of o&s finZj ^* 1 ^ 111 to Pnt tb-e question , but it was : Staffordsnrre : "Almost the first page of their most S * trawJrv ** "witness to answer it or net On \ ordinary text bowks , would have convinced these genj ^ jgwoa being sg ^ piltj ^ Tyitaess declined ¦ tlemtn thi ^ theil refusal on snih a ground to receive tile aa u £ fi > f' Ctmla flw * ^ ^ least doubt , after , bail tffeted , was not a legitimate exercise of theirofl&ce , fiojj , Hj . , " ^ W systeni was practised and sanctaoned ' <» a proper performance of their duly as magistrates , Sj ^^/« e proceediDgs by the local authorities of but qaite the contrary "—( hearj . ThU was the opinion ^ iw * " * - ^ porge Wkite , in his petition , stated— j of the Lord Chief Justice of England with reference i ^^ P ^ tJoaer was arrested on the 26 tb day of' to the lord-Htntenaot and magistrates of Staffo rdshire . vj ? -Ir ^ " ^ 0 » a a dorse of jsediiion . and was broneht ' . They pleaded ignorance of the laws , forsooth , as an aen
js ^^™ - Spooner , Beale , Mootbobib , snd oflia \ txcuse ; how would such a plea be Teceived from a Sajjjj ^^ iasmbled in the public office at Bir- { poor working man , who might far more justifiably < otij ^ 'Jr ^ *** committed to Warwick coun ^ gaol ; offir it ? I Hear , hear . ) What effect would his saying "fcea tf ^?* ^ Kred and acknowledged spies , and i he did cot know that what he had done was contrary to * s ea ^ T ^ 0004 ^ ^ character to fake his trial atllaw have upon the magistrates ? Why , none 8 taU ; ij ^ BjTr * **!? That yonr petiUoner thereupon jthey would read him an addifdoual lecture , aad send ¦ Mat Biijkf , ^" to put in "bail , which -mi agreed to by i him te priBon for sereral montbji , there to work hard , ^ jSlvf ^ " * k ? demanded aix suretwsin £ 100 ' and turn the tread-mill . ( Hear , hear . ) It-was a very " ***^ Thfr * * ^ ^ ° 0 , wia forfy-eight hours ; different thing with lord-lientenanto aad magistrates of i » aaiesito « U 01 ' Petttwaer tad good andsuffiident ^ counties ; let them behave ever so gromHj , let them * & iw ^ 6111 ^ ^ nrt . » oo "were -well known to be ¦ ' Tiolato the liberty of tke tttbject in however flagrant a * Ot ^ t , ^ " ' Sttteite * . Tflit BAchard Spooner , ! nanner , an # aot the . lightest notiee TO taken of them . iMa ou J *^ -P * M » jesty « juBttces of the peace ! At all evants , he had not yet heard , though he should k acttaW ^ Honer in open Court , 'That he could ! be most delighted to bear It , that her Majesty had been fci wi * P ^ fson holding ^» i > ooliHcal crincU I advised to strike these magiatratea fjom the oonunisaion
^ k ^ a . » J * * 1 * your petitioner , u bail on Mb 1 of the peace . ( Hear , hear . ) He trusted , however , **» -w i ^? . * ^ - Sancombe ) should like to 1 that the < 3 h . vernnient would not fail to take into their *^ f ^ Via * person in the ablation of the ] consideration wb « ai « such persons ought any longer to { * « tertaiuing the opinions which lie ) be entrnsted with the administration of the 1 » wb of ira , a , 6 ly to ^ « iher a ToI 7 ' '" OT a ' ' tnia co ^^ y- ( Hear , hear . ) When be « aw the lord-^_ w a mpmber of ih « Anti-Corn I ^ aw | lieutenant and magistrates doing thia sort of thing in IS ** oai ^ 1116 fonrsr * J &ad offer bail for the peti-: Staffordshire , it was not to be wondered at that the H ^ lto t j flid * > iapperi that Mr . George White t same conduct should be observed in other eases wfeieh I * « boa » V ^* " ^ i 'fere not men who entertained ¦ had been brought before the House , such an those of ItW ^^^ Seal opinions . On Mb offering these j Wbite , Brook , and the rest . There -were other petl-KVBeKff * ^^ tbat ^ mart 8 ^ oo ^» rf ^^ i » > ^^ from -M * 8 ^ RobinBOiij AiUiut , and illanson ll ^ j ^ ^ F ^^ P ^ ned strongly of the treatment ' He would not detain the House by going through I ^ Jijjt f ^ P ^ enced in gaol , which lie stated was ! tie whole of these petitions . They complained of a very I •***«» osHnmoB Jdon , aad he ( Sir . Paapoiabe ) ' great arfeTWf e . - aad be ( Mr . Dnncombe ) was sure that
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bad no doubt that if the House would give him a committee , that he should be f ally &bl « to prove this , All kinds of intimidation was practised by the police towards those who signified their willingness to become bail for the petitioner . 1 b one instance one of the authorities of toe town went to a most respectable man , who happened to be a licensed victualler , and who had cf&red to become bail for the petitioner , and said to him , *» Tonr licence will be in danger on the next licensing day if you become bail for George White . " In consequence of these proceedings , notwithstanding goo £ bail was tS ^ red for the liberation of the petitioner , he " was confined in solitude and cold for the space of eleven weeks , during wMch time your petitioner ' s wife eave birth to a child , and was thereby
Incapacitated from attending to your petitioner ' s business , thereby subjecting Mm to serious loss , independent of the agony of mind which he had to endure . " The whole of his papers , the petitioner stated , were taken from him , and when , on his bail being at length perfected , he applied for his letters and papers to be given to him , in order to that be might prepare his defenee , they , as well as Us other property that had been taken , were detained by order of the Her . J . Boudier , one of the visiting magistrates of Warwick Ccwsty GaoL He ( Mr . Dnncombe ) was utterly at" a loss to understand by-what authority this «> verened magistrate had kept back irom the unfortunate prisoner the letters and papers which were necessary for him in the preparation of bis coining defence—( hear .
hear , hear ) , air . White went oa to state— " Tour petitioner hag since applied to the magistrates of Birmingham to have his property restored . They expressed a wish that it should be delivered up , and wrote to the visiting magistrates of Warwick to that effect . That your petitioner was referred to Sir James Graham , and TTT # ) e to him on the subject , requesting tbat his property might be restored , or a sufficient reason given for ita detention ^ and that her Majesty ' s Secretary fox the Home Department refused to give it np , or state the grounds on which he withheld it" Now Mr . White was a working man with a family depending upon his exertions , yet in this maDnei had he , for a period of many -weeks—months , indeed—been prevented from attending to tbit feu * lne « 3 by which he had maintained himself and those who were so dear to him—( bear , hear , hear ) . Then there was the case of Mr . Robert Brook , Beboolmasfcer , which had also been printed with the votes that morning . This petitioner
| complained " That your petitioner was arrested at his own house , Back Btoofe-Btreat , Todmotden , on the 5 t . h of September last , upon a charge of sedition , conspiracy , and riot , &c , and was brought before John Oossley , E * q , at Sealtcliffo , Todmorden , and James Taylor , E » q , Todmorden Hall , when your petitioner was grossly insulted by the said John Crossley . Esq ., and amongst the language used was the following : —• I have got you at last , and I am glad ef it , and I Will take care to punish you ; you have given roe a deal of trouWe . with writiDg to that rascally Northern Star . ' That your petitioner was required to find bail in the sum of—himself two hundred pounds , and two sureties one hundred pannds each ; and when two persons of good and unblemished character , and both men of property , and both eonnty voters in the West Riding of Yotkshire , presented themselves as bail , the said John Cross * ley , Esq ., told them , ' he would not take their bail because they wera Chartuts , and said he would not take a Chartist as a bondsman , for he was determined
! \ to put = " own the Chartists in Todmorden , ' and the con-* stable was ordered to take me sway , but throngh the I interferscce ot the solicitor sent down to loek into the I case , your petitioner was recalled , and the same indivit duals taken as bondsmen . Your petitioner was again ; arrested and brought before the Magistrates at Man-• Chester , whose names your petitioner dosBnot kDOW , I and requested to find other bail to the amount of—himi self in £ 400 . and two sureties of £ 200 each , but not ! being able to do so , your petitioner was sent to Kirk-; dale , along with many more in the same situation . : Your petitioner was eventually brought up at Liverpool , before Lord Akinger , to take his trial , when the first o&se was given up , and your petitioner traversed ' the other , and had to find bail , bimself in £ 200 , and
" two smreties of £ 59 each . Your petitioner « omplam 8 . that he was kept in prison , on account of such ezces-; sive bail being required , until the trials came on ' ai Liverpool , when the Jndge ( Lord Abinger ) reduced ¦ his bail as follows : —from himself £ 600 and sureties to j ths amount « f £ 600 , to himself £ 200 and sureties to the . amount of £ 100 . Yodt petitioner , tberofore , prays that i your honourable House will be pleased to institute an i immEdiate inquiry into your petitioner's case . " And , well he might pray for an inquiry into the case . It i was perfectly clear to him ( Mr . Donoombe ) , tbat there i had been a regular conspiracy on the part of the magis-I trates throughout thia part of the country on this 00-,-c&sion—( bear , bear } . He was borne out in this ksser-• tion by the disgraceful conduct of two magistrates of
O \ Neil , whose proffered bail were refused by these two gentlemen for precisely the same reasons . When Mr CSeil was brought before these magistrates , two good and sumeiiut bail presented themselves—men perfectly solvent , and in respectable circumstances , town-conn-Cillers » f Birmingham , for which office they must possess a qualification of £ 1 . 000 over and above what would pay their debts . On these gentlemen presenting themselves , the magistrates , Mr . Badrer and the Rev . Mr . Curt-srrigUt , asked one of them whether he had not taken the chair at a Chartist meeting some six months before ; and the other asked , whether be had not signed tfee requisition calling that meeting . On their answering in the affirmative , the magistrates said at once they would not accept th ? bail of parsons
; j i < •' j i : holding snch opinions , and Mr . O"NeU was accordingly . committed to prison , where he remained a considerable \ time . M * . O"KeU * a oase was taken up by a benevolent I individual , and a criminal information was filed against i Messrs . Badger and Cartwright , who , he ( Mr . Dau-, combe ) believed , were dbfended on that occasion by the honourable and learned SoUntor-GeneraL And I what was the justification they set np ? They , admitted the wnole facts as stated by Mr . O'Neill and they justified on the ground tbat the sureties preferred ; were Chartists . One other very extraordinary reason : which was given was a conversation which was stated to have taken place between Mr . O'Neill and one of the constables who look h'm to prison , or rather a conver' satton between tbe constable and a person of the name
of Lancefield , who addressed him while Mr . O'Neill was with him ; for all that it would seem Mr . O \ Neill did was , " while eating a pork pie , " as the oppanent stated ( a ' laugh ) , to cry , " hear , near i" to Borne remark one of the otber parties made with reference to the Chartists giving tbe magistrates a good deal of trouble . If Hon . Menlbers of that House , whose custom it was to cry *• hear , bear , * ' to sentiments cnpleasing to the ears of Tory magistrates , were to find themselves brought up befare Messrs . Gartwright and Badger , and have their proffered bail refused , because they and their bail differed with the worthy justices in political opinions , they would find how very inconvenient sneb a principle of administering the law was , thongh their case wonld be far lighter than that of men not so well able to help
themselves , as was the case with the various petitioners I to the House on this occasion—tbear , and laughter . ) , Whata justification was this of Measra . Cartwrjght and ; Badger 1—( Hear , hear . ) Had be not seen the factaworu to . and well attested in She proceedings of a conrt of , justice , ha could sot have believed snch a statement in [ reference to gentlemen , named as , and calling themselves , administrators of the laws—( hear , bear , bear , ) i Another justaficatiwi put forward by ttiese individuals i was , that the Lord Lieutenant , and the Magistrates generally of Staffordshire and Worcestershire , when i these disturbances is Staffordshire began , met together ; and agreed that any persons holding a particular de' scripiion of political opinions , should not be received as bail in any case which might be brought before themthear . hear . ) Now , here was a direct conspiracy on
the pan of tbe Lord iienteusnt and Magistrates generally of these counties to infringe , to violate , tbat which bad always been held to be tbe clear liberty , to be one of the most sacred rights of tbe subject , that of giving bail—ibear , hear ) . And what was the opinion , upon this matter , of Lord Denman ? What was tbe judgment of tbe Court on that occasion ? I # ord Danman ^ sid , *¦ The law is clear , and is as old as tbe statute of Westminster , 23 Edw . 1 , c . la . Lord Coke in bis commt ^ itary upon tbat statute ( 2 Joat 191 ) says , tbat to deny a man plevin , who is pievisable , and thereby to detain him in prison , is a great offence and grievously to be pnaished—{ bear , bear ); and Lord Hale ( a 27 } adopts the sasje remark ; and Hawkins ( Book 52 , c 15 ) speaks of a refusal of bail , as an indictable offence . Blacksto&e , referring to tbe ancient statute , ( Book 4 .
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if honourable gentlemen would carefully read these various petitions , and inquire into the subject , they would be satisfied that there was ample ground for these complaints , and that it was essential an inquiry should be made into the conduct of tbe magistrates ; and that it was fall time to provide some security that sutb outrages upon the liberty of the aubject should not again occur—( hear , hear . ) There was another case to which he wonld now call the attention of tbe Honse , and this was a petition presented soma time ago , in reference to certain proceedings at Nottingham , and in the house of correction at Southwell j and certainly he could not compliment tbe Honourable and Gallant Gentleman opposite , tbe member for South Nottinghamshire , for tbe views of justice upon which
he had conducted tbe administration of the law on that occasion , on tbe bench of the Quarter Sessions at Nottingham . What did Jonathan Brown , Harney , and the eight other petitioners complain of T It would appear that that district , at the time of the general excitemant , partook of the prevalent agitation ; bat there was thia marked difference in respect to what took place at Nottingham and its neighbourhood ., that there was not one single act of violence committed , not a single Btick or stone flourished or used , not a single pane of glass broken . On one occasion , however , Borne persons did collect at a place in ttie neighbourhood of Nottingham , at the distance of two miles from that town , to the number of between 400 and 500 ; they assembled in consequence of a notiCB which had been
publicly issued , that on that day flft' » 6 Ta \ carWoads of provisions , which had been subscribed for among cortain benevolent persons , would there be distributed to the poor . One or two parties had visited the same place two days before , and no damage whatever had been done ; but , on the occasion of these poor persons going to tbe place to receive the promised provisions , of which they stood so greatly in need , they were surrounded by a body of police , and tha whole 400 or 500 persons , without any rhyme or reason assigned , were marched off to the House of Correction , at Southwell , no Riot Att having been read , u « act of violence -whatever even attempted—( hear , he&T . ) When they were lodged in prison , before they were brought up for examination , they were visited by a sergeant of the * 5 th
regiment , and by an officer of the 60 th R . fl » a , by whom they were asked if they would not enlist ; the officer saying , — " If you do , you will get plenty of meat and drink , and get out of your troubles ; if yon do not , you have got into a terrible Bcrape , and you -will smart for it- '' TWa was \ ne &Tst time tbat he ( Mr . Dancoaibe ) had beard of a Honse of Correction being turned into a crimping house for her Majesty ' s service—( hear , hear ) . The men , however , one and all refused , saying they had been doing nothing wrong . Some of the magistrates and police were present at the time . Having this immense -number of men in the House of Correction , tbe officers there were puzz ' ed to know what to do with them . They were accordingly desired to class themselves out , according to their townships .
They were then called over , one after another , and as the policemen said , No , " or " Yes , " to A or B and so on , A or B was Bent away or kept , and of the 500 who bad been am-sted , but twenty-nine were detained . When these twenty-nine were taken before the magistrates , the Hon . and Gallant Gentleman opposite , when they were committed , told them in so many words that tbe Magistrates were determined tomakesevere examples of some of them . The petitioners , in consequence of this observation , and of the undue prejudices whicb tbey not unnaturally considered they should bave to contend against , when they found tbe Magistrate who committed them , telling them beforehand tbat be would make severe examples of some of them —( bear , hear , )—applied to the Secretary of State for the Home
Department tbat they might be tried before an impartial jury at the Assizes , and not at the Quarter Sessions ; but tbe Right Hon . Baronet sent no answer to this application . Tbe consequence was , that these twenty-nine persons were brought before tbe Quarter Sessions in October . Tbey were prosecuted on three indictments ; the trials lasted for three days ; but although there was evidence that there were twenty jurymen waiting in Court , after the first four prisoners had been convicted , and although the remaining prisoners asked that fresh jurors should try them , this was refused them , and they were tried , the whole twenty-nine of them , npon all the three Indictments , by the same jary ; the result was , tbat they were all sentenced , some to six month ' s imprisonment , some to shorter periodB of confinement , when they
were once more lodged in prison , in order to undergo their sentence ? . The Hon . and Gallant gentleman visited them , and Ba 5 d . * Now , if you will express your contrition ior the oSWnces which you have committed , I will interest myself with the Secretary of State for the Home Department to obtain your par 4 « o ; ' bnt they ail declined tbe offer , Baying , ' No , we have done nothing wrong , and . we shall not , therefore , do what yon propose ; but we shall take a different course as to tbe matter , at a future time . ' That course tbey had taken was to bring the matter before the Honse of Commons . Now all tbis might be justices " justice ; but be very much doubted whether , if these men bad been tried before a Judge of Asetae , tbey wanld bave been found cuilty npon such evidence
as was brought against them . ( Hear , hear . ) At alt events , there was tbe evidence of the first day , which no judge-would have allowed to'be used against them on tbe third day on a separate indictment , as bad been done at tbe quarter Besaiona—( hear , bear ) . He had now done with the law portion of tbe case ; and he would beg next to call the attention of tbe House to tbe gross outrages which bad been committed on both the lives and liberties of the people at Halifax , Preston , and Blackburn—( bear , hear ) . At Halifax a very strong and general feeling prevailed that the military bad been called upon to act without the slightest necessity—( bear , hear ) PartieB were ready to come forward and prove that the military , before they were called out at Halifax , in August last ,
were made drunk , and that whilst thnn intoxicated , were ordered by tbe magistrates to cl « ax the streets—( hear , bear } . Indeed , both there and at Blackburn tbe authorities , apprehending tbat the military might feel some compunction as to acting against their starving countrymen , pursued tbe couise of previously exciting the soldiers by drink . Before tbey started , the military , it appeared , were collected together at tbe Northgate Hotel , at Halifax , and there had money given them by gentlemen of the town to spend in intoxicating liquors , and make them , as it was said , " up to the mark "—( hear , hear ) . Under the influence of the military all aurta of illegal arrests were made ; and many of the persons so arrestedremained In prison for several days , and were then dismissed , without being taken before tbe magistrates , or having bad from that time to this the remotest idea of tbe grounds
on which they were arrested—( Hear , heat , hear ) . Preston was the only place at which there had actually been loss of life ; and there , too , it wouM be found on enquiry , that it was the general opinion of the inhabitants that tbe interference of the military was totally uncalled tor and unnecessary . Of course tbe military w « re not to blame , for they acted entirely under the authority of the magistrates . At tbe time tbe sol . deis fired , the people were certainly much exasperated at the conduct of tbe police ; but the few stones tbat bad been thrown were thrown principally by boys , and it was altogether to tbe astonishment ; of all well-disposed persons whe were standing in tbe street when they saw tbe soldiers fire in sections upon tbe people . Tbe consequence was , that a number of persons were wounded , four of whom had died ; and he certainly thought the Government ought to satisfy themselves as to how fiir this loss of life was
necessitated by the urgency ot tbe case , or otherwise . —( hear , bear . ) In a letter which had been sent him on the subject , the writer distinctly stated , tbat at tbe time tbe magistrates sent for tbe intoxicated soldiers , horse and foot , to clear the streets , and spare neither man . woman , nor child , there was not the slightest breach ut the peace apprehended by any one but tbe authorities ; and tbe writer went on to remark : "If such proceedings as these axe not calculated to goad on a peaceable people to acts of violence , I do not know what is . To see the soldiers cutting and bayonetting , in all directions , at peaceable and inoffensive people . Persons passing along the streets , no matter what business they were npo& , were driven before tbe soldiers at the point of tbe bayonet or sabre , from one street , to another , till
opportunity of escape offered ; scores were cut with swords , and pricked with bayonets , and some of them very severely . "—( hear , hear . ) After the Manchester massacre , when inquiry was asked for repeatedly , bat refused , the Bight Hon . Secretary opposite declared that the loss of life which had taken place was utterly unauthorized by tbe circumstances of the occasion ; and most assuredly tbe cirenmstances of the case at Halifax much less authorized tbe employment of the military ; tbe entire mob at Halifax did nor consist of more than 400 or 500 persons , and these were chiefly boys and women . At Blackbnru there was even less reason , if possible , for tbe soldiers acting , and tbe conduct of the magistrates there , and tbe conduct of the respectable and sober-minded inhabitants , bad been most
discreditable ^—most Unjustifiable . On 15 th August an attact having been made on Eccless mill , the populace were fired at by persons in the mUl , who were subsequently taken from the mill , and conveyed away in a carriage , escorted by the police and soldiery , Tbe populace followed , assailing—not tbe police or tbe military , or the authorities—but tbe persons in tbe eeacb , who bad fired at them , with shouts of execration- The magistrates , however , told the crowd tbat if tbey did not desist from shouting , they wonld be fired , upos . Upon this a few stones were throws , not at the magistrates , or police , or soldiers , bat at the coach , and tbe soldiers forthwith fired . He did not blame tbe soldiers here either , for the ; were bound to obey the magistrate ' s order ; bnt certainly tbe magistrates were not justified in ordering the military
to fire merely because a few atones bad been thrown ; and , at all events , it would have been far more humane , when tbe people were pressing bo near , to bave threatened them only with the bayonet . It further appeared that tbe soldiers bare , t # 0 , had been treated with ale and otber intoxicating liquors , at a time when more especially they should have been kept cool and unexdted . It was also stated tbat the magistrates bad paraded about the streets , armed with pistols and cutlasses , flourishing up and down , at tbe bead of tbe soldiery ; a coarse peculiarly calculated to create discontent and dissatisfaction among the working dai&es —( hear , hear . ) Then there was the case of Samnel Crowther , at Halifax , which he considered a most outrageous affair . Tbe case was thus stated to bim in the letter of a correspondent : —" In going ion theii return to tbe barracks ; by the Smiiby-Btafee , the sol-
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diers passed through a narrow causeway , which leads to the barracks , Samuel Crowfcber , a nail-maker by trade , who resides la Kiag-sweet . when the soldiers had passed , went to look for one of hia children that was out of the house—he waa within a few yards of his bomse when be waa shot Feather , tbe constable , was with tbe soldiers or standing by at the time he fire < l ; there were not half-a-dozen persons in tbe street at the time . Crowther was iu the army ten years prior to 1816 , belonged to the Artillery , was at tbe battle of Waterloo and taauy other engagements prior to that , was then discharged witb h& . per pay pension , in addition to whicb be could work at his trade before the misfortune happened , but bos never been able to work since ; be had 2 s . per week
from the parish for six weeks , they would then relieve him no longer ; be Is now obliged to live on his pension , or be a burthen upon some one else ; be Is fifty-four years of age ; he is a married man . and hnB a wife and small family . " ( Hear , hear . ) The above fa strictly correct ; I have it from Crowther himself , he says he thinks be shall never be able to work any more . ( Hear , bear . ) Now it was to be observed that in tbe particular part of the town where this poor old man lived , there had not been the slightest disturbance , and therefore the act in question appeared to be an instance of mere wanton outrage . Mr . Bingley , tbe reporter for the Leeds Times , and Mr . Hall , of the Leeds Mercury , were eye-witnesses of the Circumstances , Weing within two yards of tbe victim at bhe time of the occurrence , and
were prepared to prove the facts as they appeared in the newspapers at the time . That account in the Leeds Times ran thus : — " The affair took place in Kingstreet , which is : in tba vicinity of the barracks and police- office . A small number of the Hussars , who had been clearing the streets , turned up the bottom of Kingstreet , and , after proceeding a few yards , were filing into a street called Nelson-street , whicb runs out of it At the time that Messrs . Bingley and Hall , were approaching tbe top of King-street , an old man , named Samuel CJro-wther , a nailmaker , was coming towards them , apparently to go to his . own residence , which was only two or three yards distant At thia period there -was not ^ be slightest disturbance in the streets , and , indeed / " there were not , it la believed ,
twenty persons in the space betwixt the top of the street and the soldiery towards the bottom , a distance of probably near one hundred yards . All the soldiery had disappeared along Nelson-street , except one man who paused and looked in the direction of the persons above-mentioned , and then levelled hts musket , and appeared to take a deliberate aim at them . Not the slightest alarm was felt by either Mr . Bingley or Mr . Hall , who , seeing no cauBe for violence , apprehended none , and regarded tbe action of the soldier simply as a piece of bravado , and looked at him with perfect unconcern . Tbe soldier , however , fired , and immediately . the old man staggered and reeled
iu the direction of his own door , but made no outcry . Mr . Bingley exclaimed— The man u shot ! ' or some such expression , but Mr . Hall , who had previously seen bim in a fit , replied tbat ) be was only in a fit . la a few moments , however , a number of women rushed out of the house , exclaiming that the man had been shot , and ou entering tbe house , which was crowded with women utteriug load screams , the old man was found lying on bis back on a bed up stairs , with a wound in bis abdomen , his shirt waa saturated with blood , and be Was writhing with agony . Messrs . Bingley and Hall immediately went to procure the attendance of a surgeon . On calling afterwards , it was understood tbat there was but little chance of
recovery . At the time the shot was fired , Mr . Bingley and Mr . Hall were only about a yard from the man who received it A more deliberate piece of butchery was never witnessed- " The poor man was carried to the infirmary where he remained for eighteen weeks . He was now incapable , of work , yet from , tbe time of tbe outrage np to the present moment not the slightest inquiry bad been made into the the matter . No committee of the town ' e-people had investigated the matter . No witnesses had been examined ; nor was any thing done to elucidate tbe transaction . Some London newspapers referred the matter to Leeds , which might be one reason why no inquiry took place ; but there could be no doubt or miBtafee about it ; for what said the Bradford Observer ?
That paper said : — "Murder , or What?—Oa Tuesday afternoon , whilst Mr ; Samuel Crowther , a respectable nail-maker , and aged pensioner , wan standing at his own houBe door , in Kir . g-street , watching the Lancers pass by , one of tbe advanced guard having passed him forty yards , at the 'comer of Nelson-atreet , turned round , and shot the brave disciple of Wellington throngh tbe body . " ; He toot that from the Bradford paper . There was no doubt , then , that it was true—no doubt ; tbe Honse could not doubt that the man had been wantonly shot—tbat he had been serkmeiy wounded—that he was even now iu a sinking state—that it was impossible that be should ever resume work . It ojatduot be supposed that these facts , and such facts as tn& « , did not make a profound impression on tbe
minds of the working classes . It could not be suppoBed tbat they did not excite heart-burnings and discontent , and give rfse to an opinion that no justice could be obtained for the working classes . Tbey felt these things keenly , and they would continue to feel them . What mutt' be their feelings , be put it to Ue House , with regard to Crowther ? Let them test the feelings of the working classes by their own . What happened in this town only a short time ago , when an amiable and confiding gentleman was shot In tbe streets , the victim of assassination ? The whole town was thrown into confusion , aad the people called aloud for tbe blood of the maniac—He was confident that more doubts still wonld be thrown by the public on the administration of justice , that the working classes
would feel still more mistrust ; if the events of Halifax whicb he had brought before the House were not strictly investigated , and were » ot the whole transaction rigidly inquired into . The House Would negleot Us duty if it did not bring the offenders in this case to justice . He hoped tbat tbe House would concede the inquiry demanded , and bo lessen tbe strong feeling which now prevailed amongst tbe working classeB that no justice could ever be obtained Jby woiking men . They aaid that there was one law for the rich and another for tbe poor , and if the House wished to disabuse their minds of this impression it would grant tbe committee he asked for . The petitions he had presented were riot , indeed , public petitionsthey were the petitions of individuals ; but they wera
members , and not unimportant ones , of tbe body politic . Tbey bad a claim to consideration if wronged —they had a right to demand redress when aggrieved ; and these individuals looked witb anxiety to tfce decision of the House on this night ; and on this occasion be would go farther and Bay that , amidst all the hard-Bhip and privations to which , unfortunately , tbe working classes bsd been subjected during the last six months , they had looked forward with hope—indeed , he might say that it was their only h » pe—tbat they should obtain justice from the legislature—that a day of retribution wouH come , that inquiries would be
made into their grievances , and that their wrongs would be considered and redressed . He would say , in conclusion , that he believed he had made out bis case ; and if the House believed he bad , it waa the duty of Members , as honest men and as wise legislators , not to withhold the investigation demanded . He thanked the House for its indulgence ; be thanked the Right Hon . Baronet ( Sir James Graham ) and the Hon . and Learned Attorney-Gvneral for tbe attention tbey bad paid to his statement , it bad been necessarily long ; it had been , he was afraid , wearying and painful-, and , with these acknowledgments , he would conclude by making his motion .
General Johnson Beconded tbe motion . The Hon Member complained of the excessive bail which was demanded in these cases , particularly at Dudley ; and the excess was proved by the circumstances that the Lord Chief Baron had reduced the bail to onethird . In his opinion the demand for excessive bail was contrary to all justice . Was that the way , he wonld ask , to put down Chartism 1 He remembered that a late Attorney-General , now a Noble Lord , after s petitiou had been presented to thia House , signed by 1 , 500 , 000 persons , by Mr . Atiwood , had boasted , in a speech at Edinburgh , that he had put down Chartism . But was that done by making the masses discontented ? He believed that the only way to put down Chartism was to give the people
their rights , and do them , justice ; and that there was no other way to put it down . Ho thought it waa impossible for the House to refuse the inquiry . There was no other alternative , except the Ministers of tbe Crown chose to dismiss all the magistrates . Either they mast grant the inquiry , or they must dismiss all the magistrates involved in the transactions . It was most unjust and improper in thorn to refuse bail ^ 0 men on account of their political opinions , or to make them find excessive bail . Yet this was what the magistrates had done . From working men they had demanded so large a sum as £ 600 , and to produce six sureties . If envy were not dismissed there must be an inquiry , and he had great pleasure in seconding the motion of his honourable friend .
The motion was then put from the chair . The Attorney-General would state to the House why it must not grant tha Honourable Gentleman ' s motion for a committee , why it never granted such committees , and he would state reasons why the House should not vote with tbe Honourable Member . The Honse had no means of giving any redress whatever . The Honourable and Gallant Gentleman who seconded the motion complained of the excessive heavy bail taken . Bat if excessive bail bad been taken—if the parties held to bail had Buffered any illegal ot unconstitutional treatment—their proper means of obtaining redress was to apply to the law ot the land . They should go before courts where the evidence and examination could be taken ou oath :
where the men accused could vindicate their conduct ; where a jury , if they were criminally indieted , would find them guilty if they } deserved it , and the judge could sentence them to punishment ; or , if civilly prosecuted , the jury could return a verdict of large damages if they had illegally been exposed to the smallest inconvenience . But if they had a committee , that committee ceuld give them no redress ; it could examine no witnesses on oath , and was not competent to correct any errors . When the Hon . Gentleman made bis statement , and said that the case called loudly for inquiry , he should like to ask , as the Hon . Gentleman had brought many individuals beforetb © House , * which of the score 01 cases did he m ? an ! which gf tte individual uses did the Huu .
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Member select , as worthy of the consideration of the House t If he might judga of the individual cases , he would give his word to the Houre tbat there was not the slightest pretence 1 to justify an inquiry . There were none of the individuals brought before the Honse by the Hon . Gentleman whose case would justify the statement thai had been made . He should compare the observations he should submit to the consideration of the House wiih the authentic information in his possession , and he believed that he > should satisfy the House jthat there were no circumstanoes to justify the motion . He would first say of the motion that it was somewhat til-timed . Nor did ie think that the persons in whe se behalf inauirv was waved were iudieiousW selected . He
would mention their names as he found them in the notice of the Hon . Gentleman ' s motion , and in the exact order in which they are put dowa . There was George White , of Birmingham ; he did not state with entire certainty , but beibelieved that this man was lately convicted before Mr . Baron Gnrney . The next was Robert Brook , of Todmorden , an individual who had been convicted in Lancashire . The next was James Leach , and he had been convicted in tho same county * , there was J . G . Haruey , and he also had been convicted in Lancashire ; Jonathan Brown and some other persons had all been convicted , though they complained of their treatment , he believed , since their trial—^ Mr . T . Duncombe' Prior to their trial . " ]—Theinext was R . T .
Morrison , of whom he kuew nothing ; a&d then came John Skevington , of Loughborougb , who waa also convicted . As he had stated , he was prepared , judging from the authentic information which he possessed , and of which he didjnot doubt the correctness , to show that none of these transactions were proper for the investigation of a committee . He would shew the Houae , without going into a committee , on evidence taken on oath—he would satisfy the House , from the nature of tho cases to which the Hon . Gentleman referred , and from tho evidence brought before the Court in Lancashire—that tho statements in the petitions were not true . It was said , as one means of throwing blame on the authorities , that there was no necessity for calling out the
military . In common , he was sure , with the great m ijority of hi 8 countrymen , and in common with the government , he lamented the circumstances which made that step necessary . For those who had suffered he felt the deepest sympathy ; but there was no occasion for a committee to ascertain those faots ; nor was it necessary to ensure the sympathy of the House . If be were to judge from tho statement o £ the Hon . Member with reference to the transaction at Halifax , he should say that the circumstances could hardly take place as described . The feelings of the people of this country were not obtuse—they were acutely sensible j and if the case as described were trus , it was not a case for a oommiUeo , it was a case for a grand and p tty jury—it was a case to
bring the man to trial who had fired at the individual in question , and had committed a great crime . Refer that case to a committee of the House ! Why there could be no difficulty in finding out the individual who had fired the piece , aad in having him arrested and brought to trial . He asked tho Hon . Member why he would refer such a case to a committee I [ Mr . Duncombe said it was not taken up by the competent authorities ] . If so , if the magistrates would not aot , the grand jury was sitting , and a bill , if there were any bill , if there were any foundation for it , might he obtained . Lot the parties go before the grand jury and prove the facts , and no doubt the man would be put on his trial . That he Was a soldier , gave him no exemption . He
was amenable to the law though a soldier , and to the law recourse should be had . ; If half what had been said were true , the man was not the proper Subject for an inquiry before a ¦ committee of tbat House , but he should be triod before a jury , and be made to answer with his life to his country for this atrocious act . Whether i the case were so bad , he should probably enable the House to judge by tha evidence , on oath , given in Lancashire , which would show that similar charges relating to Preston were destitute of foundation . The Hxm , Member for Finsbury spoke of the fury of tbe soldiers at Preston , and accused them of much unnecessary cruelty . Their conduct had been spoken of in language which had been most improperly uaed-Knear , hear . ] At
the trial , at which not a defendant complained of the facts brought forward by the Crown , not a single defendant out of ten or twelve who spoke for themselvesor by their counsel—he wasispeaking from his general recollection , having recently cast his eye orer the report of tho trial—not « ne of the defendants on his trial denied that tho wit nesses for the prosecution gav ^ a correct account of the transaction . The leading counsel for several of the prisoners was bis Han . and Learned friend , the Member for Sutherlandshire ; and he did not state to the oourt and the jury that the evidence given was such as they could not tely on ; but he stated , not only that the evidence he had beard was correct , but the language was appropriate ( The Hon .
Member read the passage ) . It would be recollected that the Executive Council of the Chartists had issued a large placard , on which they said , " Englishmen , the blood of your brothers reddens the streets of Preston , Blackburn , and Halifax , and the murderers thirht for more ' . —be firm , be courageous , be men . " In speaking of the transaction at Preston , in the address of tbe Chartists to the Chartist public , they were peacefully and lawfully assembled , and they had been ared upon while peacefully " agitating for the Charter . " That was their expression : now let him state the facts on the deposition of the commanding officer . He had under him about seyon * y policemen , and about the same number of troops , and these forces were hemmed in , in front arid roar , by the
crowd in tho streets , while two parallel streets , with houses , were on each side . The mob consisted ot many thousand persons , and they assailed the soldiers and the police both in the front and rear , by throwing stones over the houses . The commanding officer on bis oath , Btated that it wa ^ necessary , for the safety and protection of the police force and of his own men , to fire ; that the multitude continued to press upon them , and hem them in more and more , and would not give way ; under ] such circumstauces , the officer , for the safety ot bis men , considered that the Ofder j to fire was necessary . All the evidence brought forward by tho government , and it was not impugned by the Chartists , justified the officer . The united couucil were
of the same opinion ; and it was difficult to admit that there was the smallest opening for the language of the placard , and the public notice which was taken of the event at Preston in the address of the delegates to the Chartist body . Tue Hon . and Learned Gentleman quoted another placard , in whioh the Chartists asserted that their " brethren's blood had been shed while peaceably agitating for their rights . " Let tbe House seo what was meant by this peaoeful agitation . That peaceful agitation consisted of an assembly of 10 , 000 people , hemming in the military and police , and having great facility for attacking them by the two parallel streets . It was clear that the officer refrained as long as he could , and abstained from adopting the course he
bad at length adopted . He had called ! tbe attention of the House to this particular case , established in a court of law . But the House might infer that the statement of the Honourable Member in the other transaction he had referred to was no better founded . The House could , in the exercise of a candid judgment , form its own opinion of tho other transaction referred to by tbe Hoa . I Member for Finsbury . With reference to the motion , he would say that the House must find it impossible to concede it . The motion was entirely wrong as to the individuals selected ; but as to tho time of bringing it forward , on principle the House could not concede to it ; and if he adverted to some facts connected with it he should ; make the
impropriety of now bringing it forward apparent . He must state to the House , witb reference to the time , that there were some of [ the persons connected with these oases about to be ; brought up for judgment . He wasaverse from alluding to them in any way that might seem to aggravate their offeuoe—it was indeed with great reluctance he did so , but his public duty compelled him . i He should have been extremely glad to have escaped from tbe task , but the performance of his duty to the Government and the magistrates , his respect for the peace and the institutions of the country , obliged him to make remarks that he would have willingly postponed till after the sentenoe . There- was , loo , another trial now going on , implicating : other
individuals connected with the outbreak in Staffordshire last year . That trial had how reached tho sixth day , and by the last accounts the speeches for the defence were only about to begin , it Iwas impossible to speak of tbe delegates and to speak of th < se transactions , impossible to discuss the question which the Honourable Member had brought j before the House , without adverting to what took place at Manchester on the 17 th of August last year . The Honourable Member had called attention to tbe case of Leach , Turner , Scholefield , Harney , Seddons , and others . Some of them had not { petitioned , and some petitions came from others who had no connection with the trials . He would refer to the circumstance of Turner , who had been brought forward as the printer of the placard . The Hon . Gentleman stated that Turner had committed no offence ; but he would lay tbe facts of the case before the House as they were deposed to in
evidence . Turner admitted that he was the printer of the placard , at the assizes at Liverpool , but he represented that it came to him in the way of business , that it came in » hurry , that be did not trace its contents , tbat he never read ft , that he exceedingly regretted ever having printed ! it , and in that merciful consideration whioh the public prosecutor , not alon « s he would aay , in thisicase , but whioh the public prosecutor generally took , on the representation of these circumstances , and on Turaer consenting to plead guilty , be was allowed to plead guilty , but was not brought up for judgment . Turner did plead guilty , and entered into hia | own recognizances . He expressed himself obliged to the judge , to the counsel for the Crown , and to ! the prosecutor . Tnat was the termination of Turner ' s case . Now , if he understood the Hoa . Member ' for Finsbury correctly , the Hon . Member said that Turner wai guilty ot uo offouce . Here waa tiie case of a
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man who was described . to the House as a guiltless person , who had publieiy pleaded guilty , who had submitted to the Jaw ; and this aaa , who had aoknowleged his offnc <» , the Hon . Member aajel had committed no off > noe at all . Wii it to be said that Turner now declared that he had published the placard , but that he also affirmed tbat he had been guilty of no offence ? Was that , indeed , tha mode in which , when the mercy of the Crowu was exercised , it was afterwards to bo taunted ? Was that , indeed , the mode in which any one in that Houbo , oroatof that House , could conceive was the proper feeling to be manifested under such circumstances by those who Were brought before the tribunals of their countryand who thus proved how worthy they
, were of the leniency with whicb they had been treated —( loud cheers )? But , so far as he was concerned , such conduct should have no inftueu < je upoa him . It would not , in the least degree induce him to catl Turner up for judgment . The Hon . Gentleman presented petitions—these petitions he had read , and he came there prepared to answer them , the Hon . Member pulled out of his pockes a variety of papers , the accuracy of which was , not confirmed on oath , aad for the truth of which it was impossible that the Hon . Member himself couW Be respoiibible ( hear , hear . ) It was , he Said , a new proceeding in that House for any Honourable Member thus to be collecting letters from individuals scattered over fivo or six counties , and who it was
evident were not well disposed to the peace of the community , and certainly not well disposed to the established iaw ( hear , hear ); it was not , he ^ said , usual , under such circumstances , and with such statements , to seek from that House that- inquiry should be granted against magistrates . He- now passed to the case of Leach . Leach was the chairman of the-executive council of the Chartist body ., and Leaoh waa connected immediately and directly with the preparation and printing of this address , which originated with one of the defendants , aad concerning whom he could not bo silentthat was a man of the name of M'Donall , if he mistook not an orator at Deptford on somo occasion . This man , not M'Dougall , but At'Donail , had been
convioted at Lancaster , of the highest offence charged in the > indictment . H was M'DouaU who had prepared the placard ; it was proved to be in his hand-writing ; and it appeared from the evidence to havo been concocted before the 17 th , probably it was on the 15 th ; he thought that it was in the hands of the printer on the morning of the 16 th of August . And here he felt very great regret in being compelled to mention the name of another person ; but , as far as he could , he would not do that person any injury . Mr . Feargus O'Connor . M'DoualJ , and several other Chartists , met at Mr . Scholefield ' s chapel , on the night of the 16 th of August . , lt appeared that the address of the Executive Chartists had been previously prepared and finished . It had
been settled ; but a suggestion was made by Mr . Feargus O'Connor to alter it . He was , however , then too late to make the alteration , and therefore it was allowed to be printed in tha shape in which it had been originally agreed upon . But Leaoh was the person at whoae hoaso AI'DouaH waa , and had corrected the press . He did uot know but that he had showu the very copy of the placard which had been in front of Leach ' s house , and there was another copy of it found within his shop—( hear , hear , ) The »» her person named by the Honourable Member was Mr . Scholefield ; he was the gentleman in whose chapel the meeting had taken place , and the question was , whether Mr . Scholefield was aware of the object of the meeting
for which he bad lent his chapel . On the 16 th it was proved by the son of Mr . Scholefield that tha persons met at that chapel . It had been publicly announced , but then there was no meeting for that purpose which had been the avowed object of the parties coming to Manchester , which waa some thing witb respect to a commemoration or a monument relative to Mr . Hunt . On the 17 th August thS placard cameout . At that meeting there was also Harney , Allison , Brooke , Arthur , and several othersi to the amount of forty . They assembled , aad made speeches , the character of which might be known from the speech of the man named Cooper , who waa now under trial at Stafford . The resolution of the meeting of delegates he had them before him . They
put forth their Executive address , and that , with their address , was published to the world . The object of the prosecution at Lancaster waa to satisfy the public that where persons met in private conclave , that when they arranged at private meetings documents the object of which was to inflame the mob , then they would be mixed up with tbe violence which they had themselves produced , and WOUld not be permitted to escape , on tbe ground that they had published a libel , from the mischief which they had occasioned . He might now be allowed to point out the state in which Lancashire , Cheshire , and Staffordshire were at the moment these publications took place . If ever there was a moment at whioh this country was on the ere of a civil war . and
when it happened that it had avoided , although not entirely escaped , all tho horrors of such a warif ever there was a moment of such imminent danger , but from which it had pleased Providence to preserve them , it was at that very time when outrages were constantly being committed . Let the m , he said , look to the ei idenoe of Pilling , who boasted of his going about from place to place , and having addressed three hundred thousand persons ^ and when 150 mills were stopped . It waa at that moment tbat persons , whose motto was " peace , law , and order , '' went about stopping mills^—they said with the owners' consent-, Wt ia some eases it was proved that there was resistance to the com * mand , even to the shedding ot blood . In other
cases there was the exhibition of phvsical force , and in other cases the direction was complied with after the greatest reluctance . But bere the Chartists made a great mistake : they thought that by the absence of physical force there would be no breaking of the law . They supposed that any demonstration of physical power was moral force ; that persona marching with weapons , calculated to intimidate others , was moral force ; that provided they did not break a man ' s head , that they did him no personal harm ; that there was an absence ot personal violence , tbere was merely moral force —( hear , hear , hear ) . He couM show this to be their opinion from tho language of one of tbe defendants . In one case it was proved that a mob assembled .
they called to a bricklayer , who was employed , to cease work—that they would not permit him to work . Trie man replied , be was determined to go on with his labour , and they then said they would bring more with them , and see if he would do it . They did , then , come again ; they brought more with them ; and , when tho maa saw a large mob collected , he felt obliged to obey their bidding , and he ceased working . The defendant in tbat case thus crossexamined the witness . " You say tbat I told tho man not to work ? Yes , you did do so . Did I do any injury to any man , or waa any property destroyed ? So far . no man was injured no ; property destroyed . " Thus , then , they conceived that men could assemble in great numbers , and dictate
to others , that they should not work until the Charter became the law of land . Now , it was his opinion , and he expressed it in that House without disguise—it was not only his right , but he waa bound to do it . In his opinion every man who moved about from place to place , joining mobs , for the purpose of stopping labour , or by intimidation to bring about a change in the laws of the country , was guilty of high treason—( hear , hear ) . He defied any member on either side of the House to contradict it . There . was a question as to the fit mode of proceeding . When they made an inquiry , there cou ) d be no donbfc as to the facts ; but then there was a doubt as to the way in which questions ought to be deah with . There could be no doubt but at
the time that Leach was first taken up , and when he was carried before the magistrates , that the charge was expected to be one of high treason . In Stafford , he believed , thesecases were so regarded , and a bill was sent up to the grand jary for nigh treason . He was not positive as to the fact ; but it waa in his recollection that an indictment had been found there for high treason , but the Government thought it better not to proceed for high treason . The judge at Liverpool had distinctly stated , that in his judgment , on the point of law , the case was one of bigh treason ; and what was more , he commended the lenity of the Government for adopting the mode of prosecution whicU they had pursued in these cases—( hear , hear ) . The parties then mot in Manchester , having for their object originally a procession , or something in
connection with Mr . Hunt ' s monument , and having also met , as it was stated , and as he believed it to be the truth , for the purpose of making some alteration in the condtitution of their society , and tbe correction of Borne illegality belonging to it ; but then , in Manchester , tbey abandoned the intention of having any meeting at all , they publicly gave notice of their abandonment of that intention ; but then they met ia Mr . ScholefiVldV chapel , on the night of theI 6 tb , and the morning of the 17 th , for the purpose of concocting an address to the pablic . He might now be allowed to state the nature of the address . Thera were fivo members of the Executive Council : Leach , the chairman ; Archer , the secretary ; M'Douall was another , so was Campbell , and there was aaether name that did not occur to him . Thia address then was put forth on the 17 th of August , at a time
wnen thousands upon thousands wore meeting together ; wnen a hundred thousand persons were going about different parta of Lancashire , Cheshire , andStaffotdBttire , compelling those who were desirous to work fco abstain from laboarin order tbat * , he Charter might become the law of the land . The address thus commenced :-: " Brother Chariists . -r-The great political truths whioh have been agitated 1 tt | g * iiftl' £ Hlt last half century have at length afRJ ® Jfi ? " 5 * degraded and insulted white slaves of EneiSBaMofc *^ ^^ sense of their dutv to themselves , their pttOM&i&tfV ^ W&X their country . Tens of thousands ha ^^ Sgl&iiagp *!* , A their implements of labour . YouW . ' *^ rj ^ B ^ i ^^ Of ' tremble at your energy , atd expawttiJffisjjj ^ JiJ ^ A W eagerly waiohingthis the great crisis Wr iYW ^ i ^! ¥ fA ^« J He did not feel that he could be jilStifie * i ! fMfc « l ££ k v ^ S / 4 V the time of the House in reading the ^ JjWKwPSf ^? " ^ ' ) document . He should , therefore , cailN ^ j ^^ JU ^ r ^ y tion but to parts of it . It proceeded : * v 5 Wve * c U ^ Wl ( CoiUinued in out- Eighth |>« uc . /"" " > AVJl N
Untitled Article
THE NORTHERN STAR , . _ JL
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Citation
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Northern Star (1837-1852), April 8, 1843, page 7, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct797/page/7/
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