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THE SPECIAL COMMISSIONS ( Continued daily fn , m our otcn Correspondents )
STAFFORD , Fbidat , Oct 7 . Convictions are quite the order ot the day—no matter how spotless may bare been the characters of the prisoners no matter how exooitently they may hare conducted themselves as good mt-mbers of society , in the capacity of fathers , husband * , children , or servantsno matter bow devoted they may hare been to the altar of tneir God , or faithful to their Sovereign—the moment they are charged with having been caught within the maeic circie formed by the police , all those excellencies , all those virtues are lost sight of , and they are viewed as the very worst characters that can be possibly coneeived . Nay , the men who are summoned as jurers to decide the fete of those ronken , degraded , naked , starving men , have been heard to declare openly , that no matter how good their past life have been , it shall avail them nothing when they come before them . This principle is as novel to Englishmen is the mode that is adopted ot their returning verdict * seriatim , where the fat = of thirty or forty fellow-beings is to be decided .
Yesterday , fonr prisoners were convicted of a larceny asd burglary in the boose of Mr . Hill , & pawnbroker , in the parish of Stoke-upon-Trent It now appears that tkose wretched yonng men , instead of being burglars , were actually carried away by the tide of people , who were bending their course in that dires . ion ; and that when they saw the mob attack the pawnbroker's and that their poods were iikely to be destroyed in the general scramble , that then only , the ; took away a portion of those things in order that they might keep them safe , and thtn return them . If this , as no doubt it shall , reach the Judges' ears , it will have a great effect upon the portion of punishment tha' will be met&d out to them . Another most curious pawnbroker ' s proseention came on this day , before Biron Parke . The prosecnter , George Henton , ot Eaaity , a child of fourteen yean and ten months of age . This child positively swore , that . the establishment was hi =, that neither his father nor his mother , nor any one else had the slightest control over it , and that he might do what he piesaed with the property .
It is worthy of remark that this precious youth , and what is termed " Uncle , " swore that be lost on the day of the attack , £ 1 , 000 worth of pledges . Now , as ha is HDiier age , the persons whose property waa said to be stci ^ n could hsve no hope of remedy against him ; but if it was proved that his father , who lives in the adjoining house , had an interest in the concern , then they could make him pay for it . But now they are deprived of that remedy . There was another strange feature in the case . A female named Susannah Yeafce * was indicted for having tak . ee a part in the attack , bat the jury having deelared that they could not agree , were about to retire , when Sir . Sergeant Ludlow told . thea . that the Crown , to * 3 . ve them trouble , v ? fcold forego the prosecution . In this , as in Hill ' s cats , it was proved that many persons brought back the pledges that they had taken on the dsy of the attack for safety .
Ihera were two men , Toothe and Roberta , acquitted this day . Their counsel applied for their release as a matter of course . But , no I they "would not b « allowed their discharge , and were told that they would not be released until the grand jury returned , "which will not be until the Monday , as they are on leave of absence , that they may go grouse shooting . So , to suit the convenience of those masters of the hack-ridden working chtsssa , these poor fellows are deprived of their liberty until nsxt Monday . There were twelve cDnvictions this day for petty offences , such as begging earnestly for eleemosynary assistance . * ' Twelve new prisoners were brought in from the Potwrite , and warrants sxe ont for a great number more . In feet , our calendar is daily swelling out to a frightful buik . On to-morrow the prisoners from South Staffordshire , iamougst whom is O'Neil , ) wi ll be bronght to be tried before Mr . Baron Parke .
It -was admitted by Sberley , tbecoek of Mr . Harvey , of Haaiey , that the colliers who went to the house , mer-ly asked for assistance , and that ten of them went atray upon receiving 4 s . 6 d . amongst them . This will be found to be the case in many other instances , where it is said that large mobs riotously and with threats demanded money . The tact is , that the royal proclamation , offering a re'irard of £ 50 for information and conviction , has ¦ worked wonders in magnifying the ideas and enlarging the fears of many of the individuals who have figured away very conspicuously in the courts here since last Monday . TRIAL OF Mr . WILLIAM ELLIS . —MOST
EXTRAORDINARY PROCEEDINGS , Before Chief Justice Tindal . The trial of Wiliiam Ellis commenced this morning , before Chief Justice TindaL He was indicted , wi : h about eighteen others , for setting fire to the house of Mr . Aitkens , on the night of the loth , or rather on the morning ( two o ' clock ) cf the 16 ± of Amrnst . B . it a few minutes elapsed before another exhibition occui-r&d of that unfairness and creelty to which he has been throughout subjected . Immediately after the priEosers had been arraigned , Mr . Allen made an application to the Judge , that Mr . Ellis miebt be tried separately : he grounded his application on the fact that till the reading of tke indictment a few minutes ago
not the slightest notice had been given to the prisoner cf the present charge ; indeed the commitment by the m&s ' . strates , ths publications in the newspepers , and all the attendant proceedings had induced the belief that the charge to be preferred would be High Treason ; for these reasons , and many other , vrhich he most eloquently elucidated , the learned counsel requested that Mr . Ellis might be allowed a sboK time to prepare his defence , and that be might also be allowed te peruse the list of witnesses , ( this had been refused last nigU to Mr . Roberts ); and , lastly , tiat he might be tried separately from the other prisoners ; it was most nxfsir to mis np his case vrith theirs , as the prejudices against the prisoner would thereby be fearfuily increased .
Tflis application was at enee refused , and the trial proceeded . An application by Mr . Roberts last night , to see the in Jictment , and to look through the list of witnesses , there being thirty-two now subfceaaed , although only four were before the magistrates , had a \ so been refused . Indeed , till Ellis placed hiB foot in the prison van , he had not the slightest intimation that he was to be tried to-day , or of the charge against him . Tbe trials , it is expected , will last till Monday night Six counsel are engaged in the defences , and they are all doing their duty .
Mr . Allen and Mr . Iseale defend Ellis . As to the issue , I can form no' idea ; judging from the evidence already adduced , I shonld say that all would be acquitted . The witnesses swear as fiord , pertisps , = s they did in Dr . Vale ' s case , bnt they seem getting sick of the badgering they receive . From the hands of tha prisoner ' s counsel they meet with no mercy ; one after another their former lives and characters are vxhibiied ; and I really believe that a more worthless set never occupied the dock than some of those -who are now polluting the witness box . In reply to a question put to Mr . Roberts , respecting his opinion as to ths result , he answered that he tad not the slightest hope for Ellis ; although , so far as at preEant known , thfre is no evidence whatever to support the charge against him . The Anti-Cora Law men have determined that Ellis shall be got out of the way "; and thty have too much irfl'jeace in the selection of the jury .
The progress in the three courts has net been so rapid as ¦ fc-as expected . Jfot more than ten or twelve have as yet been tried . The prisoners being aJi defended , and well defended , acts as a "Drag on the wheels of JusMce . " Before I conclude , I must mention another circumstance illustrating the special spirit cf this coinmission . When the three Courts opened , Mr . Roberts found it impossible to attend personally to all his cases aa they were going on ; he was desirous not to leave the Court where Ellis was being tried ; he , therefore , requested Mt . Peplow , the Ckartist Secretary , to come backwards and forwards between the different Courts , eo thtt no case might be neglected .
For a short time this was permitted , but no sooner wii Peplow's wellkrown face observed by the magistrates on the Bench , than the doorkeeper va 3 directed to inferrn Mr . Saberts that Mr . Peplow codd not be again admitted , and th % t he , Mr . R ., must " go ont to him on every occasion , " when he wisi&ri to ses him . This impudence was too oppressive to be borne ; Mr . Roberts immediately went into the Hail and demanded of the doorkeeper th » rpaaon for this interruption ; the doorkeeper replied , that he had received his orders " not to admit no Chartists no ho ^ . " Mr . R . explained to them—for all the doorkeepers had rMsived similar instructions—that he was defending prisoner ; whose trials were expected to come on ° in each of the tores Courts , and that it was quite impossible for them ail to be attended to , unless he was per-Hiittcd the same privilege as was granted to other attorneys , and that he could not possibly guard against the case of a trial being called on suddenly , and the prisoner being- undefended , unless he were allowed
to communicate from time to time with ths other courts . But the liveried dogs in office were inexorable ; they " wouldn't admit Peplow , not no how nor by no means . " An application was then msde to the High Sheriff , —the chairman of the public meeting where Peplow figured so conspicuously and effectively some time ago , —feat this worthy dispenser of justice , so ignorant as not to be able to spell correctly the designation of bis office , declined to interfere . Mr . Roberts , however , determined that the point shenlti be settled by some higher authority , requested Mr . Neale to apply at once in open court to the Chief Jastioe , and this was immediately done . Mr . Neale quietly represented to -flit . Loqiship that Mr . Peplow , who vts assisting Mr . ' - Boberts , of Bath , had been excluded from the court on f ib £ gnam a of his " being a Chartist . " Some little disjrv-e ^ atofeHRed ; the Sheriff ;* declining to interfere was ; mentimd ; bat the result was , that tbe ban of exclu-« km ^ wasTemored , and Mr . Peplow has since been per-1 -stilted , to more about as he thought proper . - 8 evfral witnasses have been examined , bat none of them h % * e deposed to a tingle act ot word of Ellis : be wffi , however , have to bear the odium of the many ' - ~ yV- "r . ' :
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acts of outrage alleged against his fellow prisoners . It is easy , to say , that when the Judge Bums np , he will take care to divide the cases , so that the jnr , y aay decide each on ! ls individual merits ; bat experience has shown that there U no plan for convicting an innocent **""» , more safe , than the classing and confuting him with those who are really at apparently guilty . The trial is adjourned till to-morrow , and probably will not terminate before Monday . ( Before Mr . Baron Rolfe . ) Tbe prisoners , Jones , Jarvis , and Parry , ware arraigned for anon , just at tbe rising of tbe Court . Bnt in consequence of tha lateness of the hour their trial was adjourned tall to-morrow morning , and the Jury having been sworn in , were locked up fox the night
CLOSE OP THE TRIAL OP THE PRISONERS CHARGED WITH ATTAKING MR . FEN-ION'S HOUSE . The several Counsel for the prisoners having closed their addresses to tbe Jury , Mr . Baron Paeke charged tbe Jury . Mr . Serjeant Ltjdlow said , that on behalf of the prosecution he begged leave to say . that he weald not press the charge against the woman Yeates or the boy Tooth . These two prisoners were accordingly discharged . The Jury , after a short deliberation , returned a verdict of Not Guilty against Farrington ; and of Guilty for burglary and larceny against Kilsen , SimpBon , Parkes , and Banks ; and of larceny alone against Barrett AH the prisoners were again arraigned for a riot , bat the Crown declined prosecuting , and they were consequently acqnitted on that indictment
John Hall , James Lockett , William Roberta , Edwin Moss , and James Saunders , were indicted for having , on the 14 th Aogost , demanded , and with menaces obtained , three shillings and sixpence from Ann Shirley , servant ot Mr . Harvsy , in the parish of Stoke-upon-Trent , with intent to steal the same . Mr . Serjeant Ludlow stated the case . Mr . Spoones defended Roberts . Ann Shirley : cook to Mr . Harvey , said , that on the 14 th of August ten men ' came to Mr . Harvey ' s house demanding money . She was enabled to rerognise only HalL They told her that they camo to try their generosity , and if they had any to show it She gave them 2 a . 6 d ., and another servant Is . also . They said that they had been at Bailey Rose's house , and had Bailey Rosed him in good style .
Mr . Fairbanks , groom in the service of Mr . Harvey , Baid that a mob of ten men , armed ¦ with sticks , came to the house and demanded money , saying that they wero in want , and that if they were not relieved 5 , 000 men would be there directly . When the last witness rave them 2 s . 6 d . one of them said , "lure , gentlemen , is 2 jd . for each of yon . " They asked him for money , and he handed them Is . They then told him where they were that day . Thomas Procter identified the five prisoners as having gone with the ten to Mr . Horvey'a . The mob were armed with sticks . — Ellis , a servant of Mr . Brassington ' s proved having seen Saunders , Lockett , Hall , and Roberts at Mr . Harvey ' s houBe He did not see Moss . The prisoners divided tbe money amongst themselves , a ^ d Roberts said that it was a pity to take the money from the servant . This closed the prosecution .
Mr . Spooneb addressed the Jury on the part of Roberts , and having called witnesses for the defence , his Lordship charged the Jury , who deliberated for a short time , and returned a verdict of Guilty against Hall , Lockett , Moss , and Saunders , and Not Guilty against Roberts . They were again indicted for robbing John Brassingten on the 15 th of August On this charge the Crown did not prosecute . Tbe Metropolitan Blue Bottles are here in disguise , so we may expect more informations aHd more arrests .
SATURDAY , OCT . 8 . The " Ellis" Tragedy was re-commenced at half-past eight o ' clock this morning , and we then , for the first time , heard the evidence against Mr . Eilik The only witness to prove the prisoner ' s presence at Mr . Aitken ' s fire was George Goodwin , a cabinet-maker . It was known that on this man ' s evidence the whole case depended ; and tbe court , while he was giving it , was in a state of breathless silence . Goodvrio ' s story was to this effect : —He had been at school with Ellia twenty years ago , but since then he had never spoken to him .
( In his depositions before the magistrate he stated that b . 5 had known Ellis seven or eight yeats ) . On the night of the fire , two o ' clock in the morning of the 16 th August , he was standing outside the railing which surrounded Mr . Aitken ' s house , and observed a man with his face "blackish , " "sort of brown , " " very dark , " " not exactly black , " standing witbin-Bide the rail , looking at the fire . Of this man he " catched a view , " and he swoie it was Ellis . ( In the depositions he had sworn that EUis' 8 face was " blacked . " ) These discrepaccies were , with many others , elicited in a most powerful cross-examination by Mr . Allen .
Mr . Goodwin also stated that only a week elapsed between the fire and his making the depositions on which Ellis was committed ; the fact being th&t four weefcs instead c f one was the real interval ; the fire , it will be recollc-cied , ocenrred on the night of Monday the 15 th of August , and the depositions were taken on Tuesday the 13 th of September . It further appeared in the examination of & snbseqtieLt witness , that Goodwin was drank at the time of the fire . Other witnesses swore to inflammatory language on the morning of the 16 th August ; bnt the only expression which could a , t all be said to allude to the recent fire was to tbe effect that " Fires had assisted the carrying tbe Reform Bill . "
In order that the object of these last witnesses may be understood , -we must refer to the Solicitor-General ' s opening tddrws so far as relates to Ellis . Goodwin . it will be seen , had sworn to no act implicating Ellis in the destruction of Aitken ' s house , or in approbation of that destruction , bayond the fact of bis presence ; and it was admitted by tha Crown that many persons were present from motives of idle curiosity , and who , of course , if they took bo active or encouraging part , were not criminal . Oar extract is from the Morning Herald : —
" He ( tbe Solicitor-General ) wonld not be able to show that he ( Ellis ) took any active part in the destruction of the property by firs ; bnt to judge from his expressions and conduct on previsns occasions during the day , they would b « able to judge whether he was there with an innocent or laudable purpose , or from idle cariosity , or as a leader and eneourager of tte mob , aiding them in their attack on the house . They would find that after the previous outrages , Ellis had spoken of them not in terms of condemnation , bnt of praiss and aDnroval . "
Before / roing any farther , we may be permitted to express a doubt of the correctness of Sir Wiliiam Follett ' s law with respect to after expressions . The law is , that the prisoner , to be convicted , shall be proved to ksve been acting , assisting , encouraging , or approving in ths destruction on which the charge is founded . Now admitting that EUis were proved to have been at the fire , and afterwards to have expressed himself in terms of approbation of that fire , it is by no means a fair inference that at tee fire , he was an approving party . His approbation may have arisen from subsequent reflection , or from facts thut afterwardB occurred . Not a word , as ve before said , was elicited to the effect that Ellia had at any time either directly or indirectly approved of this wanton destruction . Bnt if the case were otherwise , we submit that a subsequent approbation does not prove a " then" approbation .
Several other witnesses ware examined , but whose evidence did not apply to Mr . Ellis . We pass these by in the belief that we shall best satisfy cur readers by confining ourselves to the principal victim . Mr . Allen then commenced his reply ; and never has it been our good fortune to listen to a more eloquent appeal to the justice of a Jury . The Learned Counsel disclaimed the argument which would etill be in favour of Ellis , even if proved to have been at the fire , and ho took but slight notice of the discrepancies which he had so ably elicited in the cross-examination of Goodwin . Hs boldly rested his defence on the fact that Ellis was not at the fire ; that he -was in bad at the time ; and this fact he would prove by such undeniable and cogent evidence as should be beyond the
ingenuity ot the Counsel for the Crown either to pervert or shake . It has been said that Ellis ' s face was blacked , and ^ the barber who shaved him on the follotring morning had bfen subpeenaed by the law officers for the prosecution . What vas hesubjoened for ? He was su ^ aaed to prove something ; what Tarasit ? Tke birber who had shaved a man on Tuesday morning ¦ E-oa ! d no doubt be able to say something as to -whether his face were blacked on the previous night Hs was therefore 3 most proper witness to prove what , perhaps / was the most important point in the inquiry . " The Crown had subpoenaed him , but they had not thought proper to call him : they had not dared to put him into the witness box . He would—He , the Counsel for the prisoner , vfould examine the witness for the Crown . "
The thrill that pervaded the Court at this announcement W 3 S electrical . The Crown officers looked aghast ; the examination of the prisoner ' s witnesses commenced . The first witness called was Jane Brooks . She deposed that on Monday , August 15 th , Ellis had been at his lodgings all day ; that he had lodged with her for the last three years . During the whole of the day he had been at home painting picture-frames , and bad never been absent more than a few minutes at a time . In the evening two men called , who left ab « ut eleven o'clock . Late at night Ellis and his wife went to bed : she cculd not tell tte exact time , bat « h « knew it was much after twelve , having " beard the bells . " Mrs . Rogers was with her husband si tbe EHis ' s , and took tbe candle out of tbeir room . After that tbe Regan's left , and tie witness bolted the outer door . No one could leave the house without her knowing it
Mrs . Rogers ooSrmed the above . She stayed with Mrs . Brooks about half an boor after taking the candle from tbe bed-room of tbe EUis ' s ; they were then in bed . While going to her lodging in tbe terra the dock struck two . Mr . Peter Rogers g > re similar testimony .
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Mr . Heath swore to going' with EUis to a barber's on tbe following morning , and afterwards to a grocer ' s in Ha ; : ley . Then came the barbar , Mr Billingten . He bad been sub | . ( Baaed on the otbei aide , and produced his sub * pceaa . He recollected shaving the prisoner on the morning of the 16 th August . His face did not appear to have been blackened ; had it been so , be should have perceived it The next witness was Mr . Livesey—He was at the fire from half-past one till three . Did not see EUis there Saw Goodwin there ; Goodwin was drank . Mr . Bindley gave testimony of a similar nature .
All these witnesses were subjected to a most rigid and searching cross-examination by the Solicitor-General , bnt tbe Learned Counsel tailed to shake them , although be bad recourse to all hi * well-known quiet ingenuity in such cases . The only variation was between the evidence of Mr . and Mrs . Rogers , as to tbe question of whether they breakfasted or dined with the EUises on tbe day after tbe fire . That is my defence , Eaid Mr . Allen : and the Court was again immediately hushedfor the Solicitor-General ' s reply . Bat tbe law officers of tke crown were paralyzed . It was lost ; the next riay was Sunday ; the reply was postponed till Monday morning . Tbe unfairness of this is too glaring to require comment Mr . Roberts was most indignant It was , however , utterly useless to corapla n . Mr . R . asserts hie conviction that the trial was lengthened out till Saturday night with the express view of having Sunday to get up another case against the crisoner .
We are happy in being able to say that the universal feeling among the townspeople is , that Mr . Eilis will be acquitted on the present charge . We wish that we could be as confident of an acquittal on the others , bnt the Anti-Corn Law policy is to get rid of EUis by transportation . Still we have hopes , though they are very slight Ellis is a man so qaiet in his manner , his language , and disposition , that ths Sidney Smith and Cobden men feel tbe absolute necessity of " fixing" htm . H : s power as a popular orator is very great , and his exposures of their grinding treachery have earned for bim their eternal hatred . Stafford , Sunday Night .
The work is going on . Tbe Judges ascend the judgment seat each morning at half-past eight : preciselythe jurors are empanelled—the prisoners are arraigned —the Crown prosecutors state the case—well-drilled witnesses are sworn—the juries are charged—the list of prisoners is handed np to them—a verdict of guilty is return'Ml , and the victims are hurried back to their dungeons , while their places in the docks are as qu ickly filled up as are tbe ranks of a battalion , whom the grape und canister shot of an enemy mow down at every well-directed fstsl volley . By this mode about sixty fellow beings have been convicted , and are now , with all the agonized feelings ot parents , sons , and brothers , tora from their families , awaiting the sentence of tbe tribunals before which they have been convicted .
Some few are escaping from the meshes within which they were temporarily caught . Amongst those are Jones , Jarvis , and Pirry , accused with fi . Tin& Mr . Harding ' s house . A fellow named Potts , who had himself been convicted of felony , was the principal witness . His evidence bore all the character of the dealers of blood in the Daneraile conspiracy in Ireland . He , a stranger to tbe men , actually swore that be had Been them in tbe open daylight , and on tbe public road , preparing the combustibles that set fire to Mr . Harding ' s house . A servant girl swore to having beard one ot the men speak ( he is a \ Velchman ) good English . The Coronsr' 8 cler . t positively Bwore that the accused could scarcely utter an intelligible word in English . The evidence against thos « poor fellows was not for a moment believed , and they were' accordingly acquitted .
A lad , named Crntchly , was arrainged before Mr . Baron Rolfe for cutting , with intent to do bodily harm to a policeman . The only evidence against him was the policeman , who , it appeared , while in coloured clothes , went up to him and attempted to arrest him . The youth very naturally hesitated allewing himself to be arrested by an unauthorised person , and lu the excitement of the moment drew a knife from his pocket with which he cut the policeman across the knuckles . For that offc-nce the youth , who is only seventeen years of age , has been sentenced to transportation for life . Two other yon ths , named Whlttingston and Priest ! ,
were indicted for a riot and assault The evidence against them was that on the day of the turn-out at Messrs . Barnes and Best ' s colliery , West Bromwich , they were seen at a public-house door near the colliery , with a crowd of forty persons who hooted the men that worked for reduced wages . It was further proved that Wittingston flung a bit of turf at one of those men . Bat tho only thing proved against Priest was his being amongst the crowd , while it was not pretended to be insinuated that he took either act or part in what f ? as done or said by the crowd . Yut both these men were f iund guilty of a riot , and an unlawful assembly .
Griffiths , Jones , Byrne , Gettings , Fownes , Bowling ( a man completely deaf ) , Pitts , Walker , Gould , Solomon , and Wiliiara Jones { a boy ) were arraigned for " riotously assembling and forcing the men to leave Mr . Salter's colliery . " Charles Danka , constable , and his two sons , were the chief witnesses against those prisoners . Their testimony was , as a matter of coutBe , quite conclusive as to the identification of the priseners . An old fellow named Emais , an engineer , who deliberately swore that he would have killed any of them that approached him , was equally successful in his evidence . These witnesses for the Crown gave a most frightful description of tbe mob , which consisted , as they said , of 200 persons , allofwhom fled as soon as Banks raised his hat upon a stick . He then pursued them . While pursuing them the yeomanry came up , and the brave constables Dounced upon the men , giving as many as possible into
the custody of the yeomen . Griffiths produoed a letter to show that he was on his way to a gentleman who had written to him to give him work . Bowling said that he waa stopped by the mob , who said that they were "looking for a loaf . " Solomon said that he had his option to beg or steal . He was endeavouring to avoid both , and was out looking for work , when he was seized by the yeomen . Sir . Fellows , a constable , gave Gettings an excellent character for twenty five years . Pitts , Walker , and the other prisoners received similar good characters . It was proved that Gould expostulated with the mob to prevent them committing any acts of violence . Charles Danka and Ouston , the specials who appeared as witnesses , had black eyes , which they had , on the previous night , inflicted upon each other in a fight in the street Pretty scoundrels ! to appoint conservators of the public peace . On this evidence the prisoners , with the exception of Gould , were found guilty .
Six unfortunate men , charged with stealing sixpence ! ! ! pleaded guilty late on Saturday night What an idea ! Six stout , able-bodied men to go out on the public road , aud be contented with stealing a sixpence ! Such an idea is so preposterous , that no sane man can entertain it for a moment Yet those six men are now in their dungeons awaiting their sentence for that crime . Mr . Eilis , the particulars of whose trial on last Saturday are subjoined , w . ll . no doubt , unless a miracle saves him , ba sacrificed . On this day the Crown has sent down to the Potteries for fresh evidence . The messenger has been sent off express , with orders to let no expence interfere with his getting np evidence to break down the alibi so satisfactorily proved yesterday by witnesses of the most ineproachable characters . This manoeuvre of the enemy has greatly embarrassed
the solicitor and counsel for the defence . An express , I believe , has already gone to Mr . Allen , who is at Birmingham , to return with all haste , that a consultation may be held with him , Mr . Lee , and Mr . Huddleston , aa to the best coarse that can be pursued on tha emergency . As we are completely ignorant of tbe nature cf the evidence , or character of the witnesses to be adduced , it is impossible to say , or even judge , what may be the result . Before thiB extraordinary , and , if I may use the expression , extrajudicial attempt of the Crown to secure a conviction , all , not excepting the Queen's Solicitor-General , were confident of Mr . ElliB ' 8 successful escape from the snare laid for him . But now it is all doubt , fear , and anxiety . . He is also indicted for blasphemy ; not only that , but he is likewise coupled with Capper and Cooper , in an indictment for conspiracy . What hope can he or his friends have ?
I have heard of two most'flagrant instances of bullying witnesses by the Grand Jury One witness , who waa stating the facts as he knew them , and which were favourable to the accused , was asked , "Was he giving evidence for or against the prisoner ? " The man simply replied that hs was merely telling the truth , which be would before the Judge . Another witness , who did not give his testimony to tbe satisfaction of their mighty highnesses , experienced a similar rebuff . Those things will come out when the prisoners against whom they were summoned are tried . It is expected that Mr . Cooper will be arraigned on Tuesday . It ( is truly heart-rending to view the number of poor fellows here , who , so far from being able to defend themselves , have not the means of paying for the depositions against them ; and they will , when brought up for trial , be led like sheep to the slaughter . And that from the unpardonable apathy of tbe Chartists , in not having established a sufficient fund for defending these victims of tyranny and class legislation .
The following fact shows the paltry means adopted for securing the conviction of Mr . Ellis , by taking him unawares , which , by the by ; would be rather a difficult job . At seven o ' clock on Friday saorriing , Mr . Roberts went np to the gaol to ascertain- if he would be put on bis trial that -day . The rrply was ; ?< Oh , certainly not , by no means . Mr . Ellis will not be tried this day . " Yet , -within twenty minutes ' of that assertion by his gaolers , Mr . Ellis was put in the' prison Tan , and conveyed under an escort of dragojona to tbe Court House , and at half-past eight arraigned at the bar , and put on bis trial . ¦
This day the Judges and prosecutors had a consultation as to whether they should sentence on to-morrow . Their decision , according to report , was , that they will not proceed to sentence until the prisoners are tried upon the multifarious Indictments with which they are charged , and that their sentences shall be proportioned to the number ef the charges under which they may be convicted .
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Reported Incendiary Firb . —A report reached here last night t ' oat an incendiary fire took place at Mr . Smith's at Elmington , a distance of six miles from Stafford . Engines with post horses wero immediately dispatched to the sceno ofythe fiery element , which had been got under before their arrival , through the working of the fire-engine from Earl Talbot ' s . Anxious to ascertain tbe truth of the report , I made the minutest inquiries , and the reimlt was , that I learned tbat this great incendiary fir * was neither more nor less than a fire which took place in an out-house of Mr . Smith , and which was caused'by sparks that escaped from an adjoining forge . The report of an Incendiary fire was circulated solely with the view of exoiting , in the breasts of the jurors who are to decide their fate , a prejudice against the unhappy men that are to be tried . A magnanimous , glorious , Christian object , well worthy those who had it in view !
MONDAY , October 10 . ( From the Morning Chronicle . ) At nine o ' clock the eighteen prisoners implicated in tbe charge of barniog the Rev . Mr . Aitken ' s house were plaoed at the bar ; and the Jury having been called over , the Chief Justice entered the court and took his seat upon the bench . The court was rather more crowded than on previous days , and the greater number of the auditors in the gallery were ladies , who appeared to take much interest in the proceedings . At the sitting of the court proclamation was made that unless all parties out on bail surrendered themselves in the course of the day tntlr recognizances would be estreated . The Grand Jury having experienced some inconvenience frara the non-attendance of witnesses , an order waa posted up in the ball , stating that any one who did not appear when called would be fined . * The following witnesses were then called : — Lavinia Bening gave Murray a good character .
Tne Solicitor-General said the counsel for the defence had some other witnesses to call to the character of particular prisoners ; but as they were not present , he would call one or two witnesses to speak as to the time when it was alleged some of the witnesses examined on Saturday night were in tbeir houses . Elizibeth Wain , examined by the Solicitor-General—I live at Buralem . My husband is in town now I know Peter Rogers and his wife . They applied to me on the 14 th August to sleep at my houBe . She came to me on the Sunday morning , and I agreed that they should sleep at my house . They slept at my house
on Sunday night , Monday night , Tuesday night , and Wednesday night . On Monday night I went for them to Mrs . Brooke ' s between eleven and twelve o ' clock . I went to the doer , but did not go in . My husband was with mu . Mrs . Rogers came to the door . I saw her husband and Mr . Gibbs coming from towards Hanley . My husband was standing by at the time . Rogers and bis wife , and myself and my husband , then went straight to my house together . It was then about half-past eleven o ' clock . Rsgers and his wife then went to bed . We left Gibbs at his own door . Rogers and his wife breakfasted at our bouse on Tuesday morning , and lef . between nine and ten o'clock .
Cross-examined by Mr . Allen—My husband is a olockmaker . We uo not usually let lodgings , but I knew Mrs . Rogers . There was great excitement in the town on Monday night , and many people about in the streets . I think it was in August this occurred , the second week . I came to Stafford last night I did not come of my own accord . A gentleman called for me yestwday . I don't know what be was . I was never asked about these matters before . I cannot Bwear where I was on the Thursday preceding the fire , but I am certain I was at my own house . I was out on tho Monday , about ten o ' clock in the morning , to hear about the fires . My husband smoked his pipe and we had two glasses of ale at a public-bouse . I took two small glasses . I was yesterday told what Mrs . Rogers had sworn on Saturday . Charles Gibbs was with us at the time . He heard what was told to me . There was something said about Godwin . I did not get any money yesterday , nor did my husband or Gibbs . We were bronght in a carriage . My husband paid for tbe ale .
Re-examined by tbe Solicitor-General—I did not know who tbe gentleman was who came for us . He put questions to us , but did not write down the answers . There was no light in the room when he went to Mr . Brooke's house . . Thomas Wain , husband to tke last witness , examined by Mr . Waddington—I am aclockmsker . I know Peter Rogers and his wife . They came to lodge at our house about the middle of August . It was the Sunday before the disturbances . They slept with us on Sunday night We went out about ten o ' clock , and went up the town and came back again . I went to the door of Mrs . Brooke's with my wife . While Btanding there Peter Rogers and Charles Gibbs came np from towards Hanley . We were talking about the disturbances , and Mrs . Rogers came out We all four went towards my house . When we get home it was near about half-past eleven o ' clock- Rogers and his wife then went to bed . Gibb 3 went into his own house as we were going towards home .
Cross-examined by Mr . Allen—I had been that night through the town of Buralem . I was not looking at the fires at Hanley . I went Into the Leopard and had a pipe . Wo had two jugs of ale . My wife drank nothing ; she never drinks in public-houses . I wiil swear she drank none that night The gentleman who was with me paid for the ale . My wife was at borne on the Thursday evening before the Sunday—at least I found her there when I got home . The gentlemen who came yesterday never told us a word of what the Rogereea had sworn . Gibbs was fetched afterwards . I was told nothing of what any witness had sworn on Saturday night Nothing was said about a ¦ wltneRs Godwin . I was at home the Saturday before tbe burnings . I got to bed before twelve o'clock that night . I can hear the town clock- of Burslem from my house . The clock was broken on the Saturday week by the colliers , but it had been set agoing again previously to Saturday , tho 13 th of August
Charles Gibba examined by the Solicitor-General : I live At Burslem . I am a tailor . I know Peter Rogers well . On the night of Monday , the 15 th of August , I went with him to see if it was correct that Mr . Forester ' s premises were on fire . We went off about half-past nine that evening , and went to Hanley . The flooring and roof were on fire when we got to Mr . Forester ' s . We stayed about an hour , and then returned to Burslem : the distance is about a mile and a quarter . I saw Rogers go to Mr , Brooke's door , and then he went away with Wain and his wife . IV was then about half-past eleven o ' clock . Cross-examined by Mr . Allen : I was never asked about these particulars before yesterday . I have previously mentioned tbat I had been with Rogers to Forester's fire . I was the first person asked questions yesterday . I did not attend much to what was going on , as I felt rather nervous at being called on as a witness at a short notice .
The Solicitor-General said it had been stated that the witness Godwin was drunk , although the question was not put to Godwin himself . He asked tbe eourt to put the question to him , in order to ascertain the fact . Godwin was then recalled ; and in answer to questions from the Chief Justice , ;; tated positively that he was not drunk at the time he saw Ellis at the flre . In answer to Mr . Allen , the witness said there were no other persons , friends of his , with bim at the flre . It was near three o'clock in the morning . Mr . Allen then addressed the Jury on behalf ef the prisoner Ellis , in reply to the evidence that had just been callsd on the part of tho Crown . The whole question they , would have to decide was , whether he was present at any time during tho burning of
Mr . Aitken ' s house , with his faca blackened . The Crown had peculiar advantages , which they were not slow to make use of—they had the dispositions six weeks previously , and were all aware of ths nature of the evidence to be preferred against him , white the prisoner was in total ignorance of tho movement of the Crown , or of the evidenee that was to be called againBt him , Such was the present practice of the criminal law . in this country , and it was only on Monday last the prisoner was apprised of the nature of the offoiiee of which he then stood charged . What could the prisoner do under such circumstances but endeavour to procure the best evidence at the moment to show that he was not present at the time alleged in tbe indictment ? The Jury would bear in mind that the prisoner was then before them on a capital charge , and if
any reasonable doubt existed in their minds , he felt satisfied they would give the prisoner the benefit of that doubt . The Learned Counsel tiiea proceeded to comment at some length upon the evidence adduced in favour of Ellis , and contended that they couid not , after such evidence , believe that Eilis was at the fire . The discrepancies of the witnesses on Saturday night were of the most trifling and unimportant kind , while the main facts bad not been disproved in the slightest particular . He could not help remarking upon the severity of the couise adopted by the Crown in employing the whole of the previous day in hunting up evidence to rebut that which bad been produced in favour of Ellis The Learned Counsel , after a most impressive address , said he would leave the case with perfeot confidence to the decision of the Jury .
The Solicitor-General then proceeded to reply up > n the evidence . He thought he should best discharge , his duty by merely referring to the evidence that had beeri laid before them , and then submitting that evidence for their opinion . That there was a riotous and tuttiultnottB aasemblage en that evening there could be no doubt ; tbat they attacked and destroyed the bouies / of Mr . Forester and Mr . Parker by fire that evening was equally certain ; ' that a portion of the mob , hi the first instance , proceeded to Mr . Aitken ' s , and brdke the , door and windows , and that they were followed by the remainder of the mob , who proceeded to the work of destruction , and ultimately succeeded in
destroying the house , was also dear . The question then was , had the prisoners been Identified as a part of that mob , and had the prisoner Ellis been shown to their satisfaction to be present aiding , countenancing , and encourag ing the mob ? He did not mean to say that the mere fact of a man being there was enough to convict him of being a party to the criminal act 3 of the mob ; bnt if they conld , by his words and aots , both before and after the transaction , connect a party with the conduct of tbe mob , they would then say Whether be was there for an Innocent or a criminal purpose . With regard to the greater number of tbe prisoners , he believed they conld have little doubt , if they placed
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credence in the testimony of the witnesses , that they were guilty of the offence laid to their charge . The learned Counsel then went over the evidence against the several prisoners at great length , reserving EUis for the last He would then take the case of EUis , and he called upon them to dismiss from tbeir minds everything they had heard which was likely to prejudice their judgments , and to decide upon the evidenee that had been laid before them . When they called to mind hid eonduot and speeebes on the morning ; of the fire , and bis subsequent addresses to the mob , they eouM have little doubt , if they believed he was present , that he was there With a criminal intention . The Learned Counsel had not closed hia address when our report was despatched .
( Before Mr . Baron Rolfe . ) John Hollia , Samuel Simpttn , Robert Clish , James Maaon , Francis Taylor , John Room , George Sharpe , William Duffleld , George Fletcher , and John Brook , were indicted for an unlawful assembly at Mr . Host ' a colliery , and assaulting Benjamin Benton . Mr . Sergeant TalfoURD stated the case . It was the moat serious charge that bad arisen out of tbe riots ia the southern division of the county . On the evening of the 15 'h of August , four persons were taken into custody , and locked up in Wolverbampton , on a charge of riot ; the next morning a large mob assembled with sticks and bludgeons . The mob then went away towards one of the collieries , and In their way they met a constable named Benton . Some of the mob cried out , " That is the man who took the prisoners
yesterday . " Ou that some of the mob threw stsnes at him , and he made his escape into the house of a woman named Hanshaw , who had a son lying sick in bed . The poor woman being terrified , shut the door , bat at last was compelled to open it . when the mob rushed up stairs and found Benton concealed in the room . They dragged him out of his hiding-place , and commenced beating him with bludgeons and cinders , and oontinued to do so until he becamo almost insensibla They cut and wouniled him in a most dreadful manner , and he would show that the prisoners , or one of them , would seem to have desired bis death . He would show that the prisoner C isb , after the constable bad been severely beaten , raised him up from the ground , and said , "He has not had enough ; " that
Clark then struck him in the face several times . In fact , tha whole of the evidence would go to show that the assault was of tho most serious nature , and the case would reqnire the most attentive consideration of the Jury , inasmuch as the punishment which would follow a conviction upon a charge of that nature would be of a very serious description . The Jury would hear from the witnesses a description of the kiud of cinders with which the constable bad been beaten and cut ; they wonld hear that they were not of ths light description commonly , known as cinders , but of a weighty and most dangersus kind . It would be shown that , after having beaten the constable in that savage manner In the house , they dragged him to the brewhouse , and some of the mob called out , " kill him , kill him . "
Benjamin Benton was then examined , and deposed to the facts as staled by the Learned Sergeant In his address . He identified Mason as one of the mob who struck him with a cinder . He saw John Room up stairs when they were beating up ; but be could not swear that Room ill-treated him in any way . . He was amongst the mob . Holliswasone of the . party In the brewhouse , and struck bim on tbe head with a large stick two or three times , After the mob had beatan him he was taken home in a cart and put to bed . He was attended by Mr . Best , surgeen , and had not then recovered from the effects of the beating he had received . Mr . Huddleston , for the defence , subjected the witness to a long and searching examination , but nothing material was . elteited . James Henabaw was then examined as to the attack on his house , and corroborated the evidence of the last witness .
John Davis said he distinctly beard one ef the mob say , after they bad beaten Benton , " D—m bis eyes , be is dead enough . " Benton was then lying on the ground bleeding very much . He was then quite insensible . He B 6 ard Drew shout several times , " Kill the ¦ . " Tke assault was committed about eleven o ' clock in the morning . Simpkin stopped tbe cl > . ck in Henshaw ' s house by kickiug it over . Never mentioned that circumstance before to any $ erBon . Witness identified Hollia as one of the party who surrounded and attacked Benton . On his cross-examination , he said he had never been asked about the clock , but it was the fact He did not know any others of the prisoners . The trial was proceeding when our report was despatched , and the case is likely to occupy the remainder of the day .
( Before Mr . Baron Parke . ) Thomas Rowley , John Rswley , Thomas Smith , Mark Baugh , and Cornelius Hicken , were arraigned for a riotous assembly and riot , and for an unlawful assembly , on tbe 3 rd of August , in the parish of Norton Kanes , South Staffordshire . Mr . Sergeant Ludlow aiid Mr . Godson conducted the prosecution ; Mr . MetetaRD appeared for the defence . Mr . Hanbury , jun ., was part proprietor of the Brownhill Colliery , Norton Kanes . On the 3 rd of August , abeufc 300 persons , armed with clubs , came to the Croft-pit , and required the men to leave work , saying , "We will have the out" As the men came
out he protected them as well as he could . When the men reached the pit ' s mouth , one of tbe mob read a paper , containing a resolution of a public meeting , which was to the effect that the meeting had agreed that the men should not work for less than four shillings a day , for nine hours each day , including one hour for dinner . They weve also to have two quarts of beer each day . - Marlow saw the mob who knocked up tn * e men at the Seedhouse pit belonging to Mr . Hanbury . Rowley , Smith , Hicken , and Baugb were there . Baugh was a leader . James Yeates saw the mob at the first pit of Mr . Hanbury , which was called the Craft pit . He then saw them at the Seed-bouse pit , frem which they compelled men and horses to come out . There were four pits , belonging to Mr . Hanbury , within half a mile of each . He saw John Rowley active at the Seed-house pit John Rowley was there . ¦ ¦ .
Sarah Martian—Mr . Hanbury ' s colliery consisted of four pits , viz ., the Craft , Seed-house , Rising Sun , - and Shallow pits . On the 3 rd of August she saw a mob of 150 persons coming two and three a-breaat , with Baugh at their head , from Pelsall , towards tbe colliery . Witnesses to character having been called by the prisoners , his Lordship summed up , and the Jury returned a verdict of Guilty against all the prisoners of " an unlawful assembly . " John Rowley , Thomas Rowley , Mark Baugb , Samuel Smith , Matthew Hart , Joseph Key , and Cornelius Hicken , were arraigned for a riot , an unlawful assembly , and an assault , with others , on the 13 th of August . Mr . Sergeant Ludlow said that tha Crov / n was not in a situation to put Samuel Smith on his trial , and therefore wished him to be acquitted . The Court accordingly directed his acquittal . Mr . MetetaRD defended the prisoners .
Mr . Serjeant Ludlow Btated the case , which made Mr . Hanbury ' a colliery the scene of the riot and assault . Mr . W . Hanbu : y , Jan ., was at his colliery ( the Brown Hill ) , near the back yard , on the 13 th of August The four pits extended over 400 or 500 acres . On tbrvt day he saw a mob approaching tha men , four ef whom were repairing the bank . There were barrows at the place . Witness said , " What do you want here ? we don't interfere with you ; why do you interfere with us ? " The mob cried out , " You eet braad and cheese here : we
can get none , nor shall you bav 8 any . " He said , " Why must not we ? " One cried out , "Bead tbe law ;" which a man dM . The law stated that the miners should not vrork under fumr shillings a d . 17 , for nine hours , including one hour for dinner . They were also to have two quarts of ale . The men of the pit were rolling spoil on barrows , which the meb overturned . Two of the mob went up to this man , Cresswel ^ and collared him . Witness interfered ; when the mob se ° z » d witness by bis legs and arms , and rolled him into the canal , into which he was flung , and went to the bottom . His head was covered with water .
Samuel Thackyard workwl at Mr . Hanbury ' s on the 13 th of August- On that day the mob came up , and said , Put your tools down and go with us . We will duck you in the canal if you don't . '' They came up in bodies of two , three , Bntl four , and'insisted on making tbe men go with them . - They attemptuil to throw Cresswell into the cunnl . When Mr . Hanbnry wis thro ™ n in , he heard 3 cry of "Throw him in . " Tho prisoners King , Baugb , Smith , John and Thomas Rowley , were there . Mr . Meteyard addressed the Jury , and called , witnesses fev the defence . Thomas Creawell corroborated th 9 previous evidence , and tt' . ted that Biokneil , tfae , two Rowleys , Smith , and Bau ^ a , were in or near th < i niob . ¦ Yeates , jun ., and ilr . Roberts , gave similar evidence . Mr- Roberts identified Baugb as one of the mob .
Sarah Martian also proved the above facts . * She heard the mob cry out , "Come lads , knock up your work , put on your clothes , and you v / ili soon ba . your own master / ' She Baid that master was coining up , when one of the men said , " That's the b—— we want . " There were 150 men and boys in the mob . Mr . Metetaed addressed the Jury , and called -witnesses for the defence . . ¦ All the prisoners , with the exception of Matthew Hart , were found Guilty . . . ; \ ' A warrant was issued for the apprehension of a man named Davis , who was included in the above indictment , and was out on bail , but did . not appear .
( From our own Correspondent , j CONVICTION OF HENRY ELLIS , JOSEPH LINNEY , AND TWENTY-ONE OTHER PRISONERS . —SIX TRANSPORTED FOR LIFE ! The work is done—the oppressors of the' -working classes can now rejoice , for they have triumphed . Mr . BllisandMr . Linney are convicted . On Saturday it was unanimously allowed by all parties that Mr .-Ellis had established a mobt satisfactory alibi . But a Sunday intervened , between that alibi and tho
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finding of the Jury . Of that interval the prosecuton made ] the best pohsible use . Mr , Stephenson , the Solicitor , set off for the Potteries on Saturday , and returned on Sunday night with three witnesses to disprove the alibi . That they did to the : satisfaction of the Jury . The Solicitor-General , in his own oily methodistical way , turned the evidence of those wit . nesses got up at the eleventh hour—to his own par . pose . He occupied two hours in that meritorious work ; that was his duty , and for doing that duty he is paid . The Chief Justice was engaged five hoars in summing up , an hoar of which time was devoted to Ellis's case . His Lordship certainly took great pains with the case , but he dwelt with more than ordinary confidence upon the evidence aitted » ut last night in the Potteries , to which he affixed the greatest impartance . The Jury bad to retire before they had agreed . But by their countenances on their return to court it was easy to discern how the balance turned . Their names wero called , over in the usual
order , as also were the names of the prisoners . T clerk of arraigns asked if the Jury had agreed to their verdict . The foreman replied in the affirmative . He then read the list aooording to the verdic ts . ' During the reading the most breathless silence prevailed . Tho list was as follows . "—Elijah Simp son Guilty ; Joha Owen , Guilty ; Thomas Murray ' Guilty ; George Kilson , Not Guilty ; Philip Deane Not Guilty ; W . Spoor , Not Guilty ; Henry How&id ' Guilty ; Wm . Ellis , Guilty ; A . Wood , Guilty ' Elijah Clay , Guilty ; James Greene , Guilty ; Richard ( Jroxton , Guilty ; John Rathbone , Guilty ; W . Dunne Girilty ; Thomas Roberts , Guilty ; Wm . Fearne ' Guilty ; and George Colclough , Guilty . ' Mr . Ellis bore his sentence as if he was prepared for it . A slight quiver passed over his countenance which immediately resumed its usual calmness . He and his doomed associates will be brought up for sentence to-morrow . If transportation bo their fate , the people may be assured that their immediate removal from this town will take place .
Before Mr . Baron Rolfe . John Room , John Hollis , Samuel Simpkin ? , Robert Clerk , James Mason , and John Taylor were convicted of having attacked and beat a policeman named Boston . They were all transported for life , Charles Lee was arraigned for , and convicted of a riot . He was sentenced to six months hard labour . Joseph Linney , and Michael Byrne , were « onvicted before Mr . Baron Rolfe , of an unlawful assembly ; on the 27 th of August . They were in . dieted for riot and assault , but that indictment failed .
Those convictions are what the people expee ' ed . The Special Commission was not got up for a mere idle mummery . Sir Robert Peel and his patty are too much men of business , to be guilty of such a folly as to send down to this county these jud ges , mbrely to strike awe by their presence . No ! Work he and his party were resolved upon , and work they have done . What may be the result of that work will be shortly known . The eyes of tho country are upon the Special Commission ; the feelings of the country are throbbing around it , and the country itself will nndisguisedly pass their verdict upon the object and the operations of this Special Commission . Neither fear , terror , or torture , has as yet reconciled a country to a tyrant ' s rule .
TUESDAY , October 11 th . ( From the Morning Chronicle . ) BURNING OF THE REV . MR . AITKEN'S HOUSE
CLOSE OP MONDAY ' S PROCEEDINGS . At tbe time my despatch was forwarded yesterday , tbe Solicitor-General bad not concluded his reply upon the evidence . Upon the conclusion of his teuuuks the Court ad jeurned for ten minutes , to enable tbe jurors to obtain some refreshment On tbe re-assembling of the Csurt , The Chief Justice , in hia usual clear and perspicuous manner , summed up tbe evidence ; and after a powerful address , which occupied nearly five heurs , the Learned Judge left the case to the Jury forthaii decision . The Jury asked leave to retire for a few minutes , and , at the expiration of about ten minutes , returned into Court with their verdict , which was read over by the Clerk of the Arraigns aa follows : —
" Elijah Simpeon , John Owen , and Thomas Murray , Guilty ; George Kelsall , Philip D <) an . and William Spode , Not Guilty ; Henry Howard , William Ellin , A . Wood , Elijah Cray , John CunlifF , Joseph Green , Richard Croxton , Jobn Rathbone , William Turner , Thomas Roberts , William Foarne , and George Colclough , Guilty . " , , The prisoner Ellis burst into tears on the verdict being announced . They were then ordered to be removed , and tha Court adjourned at seven o ' clock till the following morning . ( Before Mr . Baron Rolfe . ) The trial of Thomas Rowley , John Rowley , Thorau Smith , Mark Baugb , and Cornelius Hichen , for riotous assembly and riot waa proceeded with .
Tbe evidence against these prisoners was given in my despatch of yesterday , at the time of closing of which Mr . Huddleston was about proceeding to address the Jury on the part of the prisoners . Having done so . The Learned JUDGE Bummed up the evidence , and the Jury returned a verdict of Guilty against all the prisoners . The prisoners , being called npon by the clerk of arraigns , vehemencntly protested their innocence . The Learned Baron said the prisoners had been clearly found guilty of a felony , which disclosed a scene of turbulence and violence r&rely detailed in a court of justice . They were indicted under a statute which , if pressed to its fullest extent against them , would have led to their being capitally convicted , and had they
been so indicted and found guilty , he should have felt great difficulty in recommending a mitigation of the extreme penalty of tho law . They had , however , by the clemency of the Crown , been indicted upon the milder provisions of the act , but etill they were guilt ; of a critr . e littlo short of murder . During tbe painful investigation that bad taken place be bad hoped there was one bright spot in tbe outrages that had disgraced that part of the conntry , namely , the absence of perspnal violence . Theirs , however , was a most atrocious case of violence ; they had been dearly convicted of it , and he would not be discharging his duty if be did not inflict upon them a marked punishment , and at once sentence them , one and all , to . be transported for the term of their natural lives .
Charles Lee was indicted for a riot at Mr . Johnston a pit at Bileton . From tbe evidence it appeared that a few men con * tinned at work after the turn-out , bnt a great mob came up , among whom was the prisoner , and brandished a cudgel in the face of one of the workmen , and by intimidation , and tbeir numbers and violence , induced the men to leave off work . Tae prisoner was defended by Mr . WhaClet , who said it was quite unworthy of the Government to make such trifling cases objects of prosecution by the Crown . The man , if he had committed the ofiv . nce with which he stood charged , ought to nave been brought before the magistrates and summarily convicted . The Jury found the piisoner Guilty , and he was sentenced to nix months' imprisonment and hard labour . The Court then arljourned .
( Before Mr . Baron Parke . ) Joseph Linney , aged 33 , a man who appeared much superior to the general class of his co-prisoners , and Michael Byrne , were arraigned for an unlawful assembly , riot , and assault , on the 27 th August , in the parish of Kingswinford . Mr . Sergeant Ludlow and Mr . Godson prosecntsd ; Mr . Neale defended Linney , and Mr . Spooneb appeared for Byrne . Mr . Sergeant Ludlow stated tho cane . It appeared that , in coDSvquencu of a propostjd meeting at Kingswinford , on the 27 th August , a notice of it waa sfcDtlo the magistrates , who called togefaer the yeomanry . be
Whatever ( said the Learned Sergeant ) mi ^ ht the criminality of otters who took part in the lateriotS ) * sreater offence against religion , morals , or the constitution could not be conceived than tb ^ t which had been committed by the guilty persons who encouraged thB perpetration of those acts . He alluded to Linney , an itinerant orator , who went about from place toplKS poisoning the minds of the people . H ! b object was to exasperate and pollute the minds of the poor -working classes . No punishment could be too severe for person * ¦ w&o led them on to crimes , but who , coward-like , fled from the dnn 2 ? r into which their followers wero placid by their inflammatory harangues .
Mr . Reuben Plant , a coalmaster , living at Goosetnyb : vnk , uaar Brockmore-green , close to Dudley ; examined by Mr . GoDSOU—On Saturday , August 27 , he sa « poplw going to a meeting near Brockmore-green . " ha < l baen a piace for meetings . One was held there or . the 24 th . He saw Linney at a quarter to flTe o ' clock , p . m ., going towards Brockuiore . 'Witness '• fss greatly alarmed before and aft ^ v Kceing Linney-Tix .-To was a report that the eviJitra would me '' Linct-y , and then have a zecko :: i' °£ . Witness bad a great number of men in bis employ . A wan minied Collins was with Linney . witness notified to Captain Bennett , of the yeomanry , and . a magistrate , that the meeting would be held . On the 3 rd of August there was a meeting , which waa attenrkd by linn 6 ?* who said that he expected to meet hundreds , but that ha was glad to see thousands . There were thousands preaent . He addressed them as follows : — " Cou
ntrymen , brothers , Chartists , and oppressed colliers . " He bid them stick out , and said his interest was theirs . If they would stand out , they shonld have their wages and all thby wanted . The masters : d this county were calling out for protection , and . why ? Because they knew that tho poor were a starring people , and a starving people were a rebellious people . The Barters said " they can do without you , but if you stand and ibe ruled by one , we . wiil show them whether they can do without you . We will put them , in a ship and shove them off , and tell them we can do . without them . " The mob shouted . Ha then said " we will divide the land , and livo upon it as ours . " [ l . inoey here laug hed . ] He was from Bilstoa , but witness did not know his trade . The mob consisted of colliers . The men worked until the 3 rd ot Aug ., the day ot Linney ' a speech . Alter that they ceased working . The crowd w « s determined , and curaiiijjrtbeii' wasters and opprefaora [ Linney bora burst out crying ] ( Continued in our Seventh page . )
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g THE NORTHERN STAR . 11 - »*
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Northern Star (1837-1852), Oct. 15, 1842, page 6, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct909/page/6/
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