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Northern Star (1837-1852), 25th November 1843, Edition 5 of 7, Page 5, 3To 3&eatrer0 an& ©orr^pontr^ntiS

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  • Departments (3)
    • GLORIOUS PROGRESS OF CHARTISM IN LEEDS. OPENING OF THE NEW CHARTIST HALL.
    • Gfye 3£rt.s1) ;P*ofc*m*ut.
    • 3To 3&eatrer0 an& ©orr^pontr^ntiS
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      Untitled Article

      How ire they to prevent ii ; or how » re they mixed np with it &t all ? We will show them . They know , in the first place , that the practice is unlawful ; arid therefore they are bound to discountenance it , and to-adopt means to pot it down , if need be : for being practised on their Rne , they will be sure to be mixed up With it in pnblio estimation , and their character , -and pasdblj the interests of { he shareholders , wfllsufer ,

      In the second place , they know that this is a systejnatiscd bojbebt committed by one orer whom they hare both control and influence ; and it is their duty io nse both control and icflHence to rsoTEcrthe xam tram the rapacity of their law-breaking employer . In tie third place , he has to depeDd on their aid and assistance to ' * carry out" his nefarious scheme . He has a rsa , which he travels on the line from l ^ efe lo Hasbro' ; and , as we understand , at the

      expense of the Company . This van is employed to transmit the goods to all parts of the line ; each nan ' s being put Ink ) a numbered bag , and deliTered out io lim , instead of wages . Now , the Dikectobs can say whether this travelling Tommy-Shop shall travel on their line or not . They can . interfere here » at all events ! They can refuse power" to carry ihe scheme out . This tney can do ; and if they do BOt do it , to say nothing of the other means by which ihey £ ould interfere , it wlllbe evident to aB that they uink at ike -prac tice .

      We shall keep an . eye on this matter . It is Taiher s novel case . It is one of the most impudent and Eh * meles 3 cases of Track that we hare heard of . Generally the practice has slunk into ^ corners and almost unheard-of places : hxbe it is interwoven into a great pnblic undertaking , in the full blaze of day . Will it be tolerated , or connived at * We shall sir .

      Untitled Article

      ( Sr Since ihe above was in type , we have learned of another case of Tsvck , in Leeds , which we deem it necessary to expose , in the hope that ' either public indignation , or actual prosecntion , may force it ont of existence . About * mile ont of Leeds , on tiie Bradford road stands a large newly-bnilt Machine-making establishment , belonging to a firm trading , we believe , nnder the designation of" Whitiam , Brothers . A little further on , oa the opposite side of the road , is a Grocery and Provision Store , kepi by a person named Hobskhas , brother-in-law to the Whthams , he having married their sister . It is understood that Hobskhas has been "helped" into his shop by fi > e Whetiams : he iaving been in low water , and

      dependant on them , for a long time . Kay , if his own declarations are to be believed , it would appear that the shop actually belongs to ihe firm : for -he frftg been heard to say , that he derives no profit from it ; but that he has to account every week , i&king K 3 books to ihe Counting HoufO of ihe u Concern" every Monday ; ¦ where , among other things , it is ascertained whether , or not , each one in their employ has ' complied with the ordtss given , and "traded" at the Tommy-Shop for his " prog . " An instance occurred very recently , of a man who'did not go to-the Ehop for geods : and he wa 3 waited on by one of the *• Brothers" and given to understand that" if he teas employed in their concern , he mcbt go to the shop . "

      In this case , asm almost all the cases of Tbcck , Ihe goods supplied at the Tommy-Shop are charged far above their market value . The evils of the Tbcck system would be unendurable , even did the Tbt ^ kstebs supply their things" at the real price : for snll there would be the absence offreedom ,- the tying ap of a man ' s hands ; the chaining him down io one counter , that a profit may be made of his earnings , over and above ihe profit accruing from ihe application of bis labour : bat when , as is almost invariably the case , and certainly so in this instance , advantage is taken of the necessities and position of a dependant workman ; depssdakx on the Employer for

      "Leaveto ton /' "when advantage is taken of this , to force upon him things at full 25 or 30 per cent , dkabeb than the market price , the system becomes one of DoWSBIGHT BOBBEBT ; and the parties practising it are , to all intents and purposes , H 2 ABXLE 5 S THISTES . Let us hose that * Justice" -will soon overtake ihem ! It Ehall , if we can be at all instrumental in mending her pace .

      Untitled Article

      * FREEDOM OF COKSCIE ^ CE " MKASS THAT CONSCIENCE SHOULD BE FREE .

      BRITISH " PAINS AND PENALTIES" ON THE EXPRESSION OF TBOTJ&HT . Ocb readers will have read in last Saturday's Star the report of the trials of Patebsos and Uobissos before the High Court of Justiciary at Edinburfh , on a charge of * blasphemy . " it "wiD be recollected , that ihese prosecutions were « r igii 2 ated in consequence of the publication of a work by Sobctsos , entitled The Bible an immoral Zook , dangerous te ihe easily excited brain . " This book we have never seen . It may be a piece of profound criticism and well-sustained argument ;

      or i ; may be trash and nonsense . To us , as regards the right of free discussion , it matters not wMch "We proclaim that men have a right to publish iheir thoughts en all questions of morals , religion , and politics , no matter even though the embodiment of sach should be the vilest trash ever penned . If falsehood and folly find an outlet from the press , let truth and reason be brought to their correction . Tiie only . safety against fraud la to allow of the tmfetiered , iralimHed exercise of thonght , speech ^ and publication .

      Tne appearance of the bills announcing the pnblicatlon of the above vrork , immediately led to as oatragcou 3 a violation of the liberty of the subject , " as we have ever ( at any rate of late years ) heard tell of . Snrred up by the clergy , the harpies of the law entered Hobisso > * 5 ehop without any notice or ¦ warning j seized his person ; and carried off about A'loD worth of hi 3 goods . Here , let us ask , was this conduct of Protestants in accordance with the principles of " civil and religious liberty" ! We are told that it is one of

      the fundamental principles of Protestantism t » read ths Bible and judge for themselves . Now , we suppose ihe anihor of the book above-named had done so ; and arriving at certain conclusions , bold ' j stated them to the world . What was there in tirii inconsistent with the spirit of Protestantism ? The author in question had as « lear a right to arrive at his conclusions , as Jdh ^ Ksox had to disbelieve in the infallibility of the Pope ; or

      DiChalxebs in the right of patronage ; each deriving his disbelief from the studying of the Scriptures . But Ihese Scotch Protestants , while they are ever ready io defend the principles of " civil and religion ? liberty" for those who go no farther than themselves , exhibit , at the same time , a spirit of persecution toward all those who would advance beyond their opinions , worthy" of ' the worst days of priestly tjrsxmj ^

      Af . it ? flj& prosecution of Bobixsos , the man PiTsssoif" went down from London , and opened a shop in Edinburgh ; where he publicly announced the sals of the works , for the rending Jof which HoBixsoif was tinder the bann of the law . The consequence iras , thai Patebsos was seized likewise In the meantime Bobxksos had been brought up for

      trial ; when it was fonnd that the indictment against him was wretchedly defective ; that it could not be sustained . The consequence was that the trial was then abandoned , Eobissos being bound over on another icarrant to meet another trial ! On the 8 : h of November the trial came off , when Patebsos was sentenced to imprisonment for fifteen ca&ndai ttonths , and Eobissos to twelve months ,

      Untitled Article

      On the trial , the witnesses who appeared against Patebson consisted of policemen , Sheriff ' s officers , and "informers who formerly belonged to the police . 3 ' These wretched tools admitted that they had purchased the books because they were instructed to do so by the Sheriff : i . e ., the Sheriff , by his tools and " secret service" money , encouraged the circulation of ** blasphemy" i One of the witnesses against Patebsob , calling himself Gbobgb It . D . H .

      Mackekzib , Esq ., admitted , in the course of his cross-examination by Patebson , " that his motive for purchasing the books was to get him imprisoned , for he thonght he deserved three years . " ** In acting as yon have done , " said Patebsoi ^ ** did you eoasider yon were doing your duty ? " H Yes , " 8 aid this puny bouI , " as a citizen and as a Christian , " Patebson , of course , thanked him for this candid admission .

      Patebsos also asked this witness how he reconciled his oath-swallowing with the injunction in the A ^ Testament , " Swear not at all 1 " but was interrupted by the Court telling him they could not allow such a question to be put : " They sat there to administer law" Most consistent defenders of the " gospel I" If to "briDg the Bible into contempt " be " blasphemy / 7 let us ask whether the Lord-Justice CLEBK ., and Lords Medwyn and Cockbtjbn , C * the Court , ") were not guilty of that offence when they so shamefully spit upon the isjbkchon of their " Lord and Master ; " giving Paiesson io understand that they cared not a straw for the " gospel f they sat there onlv to administer law" ? I

      We gave of Patebsok's defence , whioh occupied nearly eight hours , all that the reports in the Edinburgh papers enabled us to give . We are informed by a correspondent that it was " a highly finished piece of composition , breathing the purest spirit of humanity and philosophy ; containing many profound and valuable thoughts on the folly and wickedness of prosecuting for opinion ' s sake . " Yet the u Liberal" papers ot Edinburgh have sneeringly remarked : — " That it was characterised by a pompous display of learning and gross misrepresentation . " So much for the liberality of such papers as the Edinburgh Chronicle ,

      the organ of the Stubgitb ' b , and advocate of 11 religious liberty . " We have not seen the Witness , the organ of the Non IntrosioniBts ; but we are informed that a more foul and brutal spirit was never exhibited by any apologist of priestcraft . Sse the consistency of this party , who whine about the persecution they suffer at the hands of the Scottish aristocracy ! But all sects are the same . No matter how fiercely they may denounce persecution when they are the sufferers , they immediately turn persecutors of others the moment they have the power , or discover that there are any who differ from them in opinion .

      We now come to that pr » cious piece of composition , " the Lobd Justice Clerk ' s address in sentencing Patebson , in which the speaker stated that it was a satisfaction to the Court indeed to find that the panel in his defence had shown not the least trace of talent" I Whether this be a foir character of Patsbso-n ' s defence or not , it will show that there is nothing his " Lordship" dreads more than that men of Patebson ' s stamp should be possessed of talent . It shows that the high and mighty are as much as ever in love with ignorance as an engine of perpetuating slavery— loving

      darkness rather than light , brcause tVoir deeds are evil . " His Lordship not content with inflicting immrdiate punishment , threatened Patebson that if he resnmedhis " trade" on the expiration of his imimpriBonment" either in Scotland or any other part of Great Britain " "there was no extent of punish ment by imprisonment andjine , u ; hich it would not be the duty of the Court io award . " Now we beg to remind Johx Hops that he is not Lobd Justice Clbbe on this side of the Tweed ; and God forbid that such a personification of cant and cruelty ever should be . It is going a little too far to threaten us in

      England with the terrors of his puritan inquisition . Thank God , they are but '' empty words , " or we should be tempted to raise the cry of "Repeal , " not alone with Ireland , but with Scotland . Let John Hope M keep his breath to cool his porridge , " and not presume to meddle with us on this side of the border * If he does he tvill only be laughed at for his pains . His Lordship" stated that he considered it " a most proper and fit prosecution f and he had no doubt of the effect that would result . Nor have we . The effect will be to more widely diffuBe the principles and opinions for which Patbbson is now suffering . In many a Scottish village where , in the local papers , the villagers will read the account of these prosecutionB , for the firat time ,

      will the yonng and enquiring ask : " What is this blasphemy V ** What are those books for which Patbbsos is condemned to a felon ' s fate—a felon ' s fare , for fifteen months i" It has often been remarked that blasphemy--pTOseca . tioTa , instead of putting a stop to the demand for the interdicted works , have invariably increased that demand . Public curiosity is stimula ted ; an anxiety is felt to clutch the forbidden fruit , which is eagerly devoured . Experience proveB that the best method of giving publicity to & book is for the elergy to denonnce it ; the best plan to procure for it a good sale is to prosecute its author or publisher . That this has ever been the ca , e , the writings of Thomas Paisb are a signal example .

      We now come to the cream of the Lord Justice Clxbk ' s address , when , after sentencing Patebtson to fifteen month ' s imprisonment , he proceeded : «• Whatever jtm nay tirink of "what 1 now say—1 say te yeu , that in tbe prospect of the solemn and serions duty of pronouncing judgment en a fellow-creature , 7 prayed io the Almighty God in whom 1 believe , that in his infinite compassion , He would yet vouchsafe to you ihe comfort , and the peace , and the hope , and ihe joy of believing in that adorable Redeemer ^ whose mercy you have hitherto so contemptuously rejected . " There , " gentle reader , " what think yon of thai 1 Now look on this pietnre .

      Patebsos wished to know what sort of treatment he was to have in jail \ and the Lobd Justice Clebk replied that the Court had nothing to do with the * prison regulations . He said : — " If you wish to make any application on tbe subject , it must be made to the Directors of tbB General Prisons in Scotland , of whom I am one ; bnt with regard to any application yon may make for the relaxation of discipline in tbe prison , oi foi exemption from the only instruction "which yon "will be permitted to have . I can tell yon thai you have net the least chance for getting any r elief . " " O for a forty-parson power To sing tny praise hypocrisy . ' "

      His " Lordship" had just been praying to " Almighty God' ^ forhis " compassion" and " MERCY " towards the prisoner at the bar . But when that prisoner applied to the **¦ praying" Jndge for " compassion , " the reply was : — " YesJ I'm the party to whom you mnst apply for any alleviation of suffering ; ' but don ' t you wish you may get it ! '" I'll »• pray" for you , but I'll punish jou to the utmost . You may " apply" ; but " lean tell you that you have not tbe least chance of getting any relief" ! 0 most Christian Judge ! 1 !

      His " Lordship" had a great deal to say about morality in connection with religion , in the course of his address . Now we ' ve a question or two to put to his " Lordship "; not as " Lobd Justice Clbbi " , but plain John Hops . We want to know whether Jobs Hope believes in that passage in tne Scriptures , which tells na that » Fornicators and Adulterers shall have their portion in the lake that bnrneth for ever and ever" ? We want to know whether , when he was Dean of Faculty , and before maniage ; before he doffed the Batchelor ' s jacket for the gown of the Benedict ; whether he

      was not extra-inimaiely-acquainied with bis housekeeper ? Whetherlsuch intimacy did not draw down upon him the censure of his feinily ! And whether he was not glad to gloss over the " sin" by making of the said housekeeper an honest woman ? We have heard of such things , and we should be slad to know whether they are true . And whether J ohn Hope * prayed" as fervently then , as he assured Patebsos he had } nst done bfore sentencing mm to fifteen months' imprisonment ? Will John Hope thejadiokl defender of religion and * morality answer these < jaeries ? We pause for a reply ,

      Untitled Article

      THE CONDITION OF ENGLAND . With shame and with sorrow do ire call attention to theBUBNiKG . BicoBD of England ' s utteb degbadation , contained in another page , under the above head . There the reader , if he be an Englishman , will have enough S He will need no more to tell him the condition that his onee highly-favoured country has been brought to , by high taxation , Infernal Paper Money , " Results of Machinery , " and u Free Trade . " The details are horribly sickening We are as degraded and cowed in spirit , as we are degraded in condition , or we should not permit , for one single hour , such things to be :

      " And overcome ns like a summer ' a cloud Without onr special wonder" I Time was , when a tithe of what we record to-day would have been sufficient to nerve the arm and bare the breast of every Eagliahman , to rescue his country from the hands of the despoiler of her honour and her fair fame : and had their degenerate offspring but one atom of spunk in the whole mass they would rather sink the whole Island beneath the ooean , than suffer the hideous enormities that now surround us to exist .

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      D . SWALLOW—The parties < -an have the Star Bent direct from the office , by sending a quarter ' s payment in adtdnce , and the address of the party to whom it is to be sent . The Coventbt Mubdeb—A correspondent writes us that the verdict of the Leicester Jury , given in our 7 th page baa caused great excitement in tbe city of Coventry . Bills were issued by the Guardians calling a "Pnblic Meeting" of their body for Tuesday last , to consider what steps shonld to taken " in this most painful and melancholy affair ; " when , according to oar correspondent , the following resolution was agreed to : — " Tnat this meeting recommend that the directors of tbe Coventry Workhouse do allow the medical men and other officers of the workhouse , an opportunity of rebutting the charges contained in tbe verdict of the Leicester Jury , before the Guardians of the city /'

      THE GLASGOW Pottery . —Onr Glasgow correspondent again writes to US on this subject ; any further correspondence after this notice we cannot insert He eays : —I deem it it but just to the masters to state that ths following readers of the Star have assured me that bo tar as they are concerned , they have never been questioned as to what papers they xead ; » or do they feel nnder tae most distant restraint in being seen with the Star in the works : —John Park , James Martin , Thos . Harrison , Wm . Maitland , Wm . Houston , Ambrose Wardle . —Permit me also to state that none of the Above know anything of the

      author of the letter signed "An Enemy to Tyranny . " Cujibebland CoLLiEfis . —We have no toom for their address this week . The following sums have been received , deducting £ l 3 s for tbo Percy Main men ;—King Pit 17 s ; Hebburn £ 2 4 s 4 dj Terpeth 10 s 6 d ; Walker £ l Ws j Bedlingtoa £ 1 17 s 8 d ; Spittletongue £ 1 17 s ; Willington £ 5 3 s 3 d ; Kibblesworth 18 s 6 ^ d ; South Hetton £ 2 Is 4 d ; Washington £ 1 ; Wailbottle £ 1-, WoodBide ' 18 » IOJ ; Saghill £ 7 16 s 10 d ; North Elswick , 15 s 93 ; West Stanley 8 s id ; Wallsend £ l ; EastHolywell £ 1 2 s 2 d ; West Holy well 16 s 3 d : Seaton Burn £ 2 Oa flfl .

      Bbistol . —Mr . Jacobs writes ui that our Bath correspondent omitted to stite that Mr . J . was present at the late delegate meeting . Bbistol Local Lectdbebs . —The following gentlemen are ready to give their services to forward the cause of Chartism in any locality in the West , desiring their services ^—Mr . J . Marriott , phrenologist ; Mr . W . H . Clif Jon , artist ; Mr . R . F . Williams , delegate t « the lats Conference ; Mr . C . Clark , of Bristol , and Gracchus . Apply to Mr . Jacob ? , bookseller , Upper Maudlin-atreet , Bristol .

      Untitled Article

      The Leeds Chartists having for a long time pant being much incommoded by the want of sufficient room in their late place of meeting , have been on the look out for one more fitted for the increased and growing strength of the democratio party ; and at length happily succeeded in obtaining a place , which , if ought can silence the filthy lies of our local lights of Whiggery and Sham-Radicalism , will surely effect such a consummation , and convince even the Barnes's and Smiles ' g that Chartism is neither " * dead" nor sleeping ; though we confess we are somewhat doubtful as to such a result , when we remember the old

      adagew A man convinced against his will Is of the same opinion stiH . " Large placards , not quite so large ( but very near ) as a church door , posted through Leeds , announced that the " Bazaar , " a large building in Briggate , had been taken by the Chartists for tbe holding of their me stings , and would be opened on Sunday , Nov . 19 th , by a lecture from Mr . David Robs in the afternoon , and one from Feargus O'Connor , E ? q ., in the evening . This announcement immediately following the Holbeck triumph , created ne little sensation ; infusing new life into the hearts of all good patriots , and a corresponding amount of dismay amongst the factions of all names and colours .

      On Sunday afternoon Mr . Ross delivered his lecture , which was , as usual with that gentleman , a sound and excellent discourse . The room , which is estimated to hold comfortably fifteen hundred persons , wa 3 crowded ; a large portion belonging to the fair sex . An excellent choir filled tbe orchestra , and their performances added much to the harmony and eclat of the proceedings . As noticed above , Mr . O'Connor was announced to lecture in the evening . Half-past six was the hour notified ; but { long before that time the Hall was filled in every part ; and finally when every one had got in that could possibly find standing room , no matter where crammed to , many hundreds had to turn back , wholly unable to gain even a glimpse of the interior . Wo have been in many crams of the

      sort ; but certainly never in one equal to this . The heat was intense , streams of moi .-ture covered the walla and ceiling , and descended in huge drops upon the audience , who appeared as if they were fixed in a vapour bath . We believe we are under the mark when we say that a room three times the size would not have been too large to have comfortably held those who could not get admission . Hundreds of the fair sex crowded the orchestra , intermingled with the vocalists and band , and filled the numerous tiers of seats facing the platform ; and when the vocal and instrumental performers struck up their glorious strains of harmony in praise of the " good old cause , " we felt that never had we witnessed so noble a spectacle in connection with the Chartist cause before-Mr . Bbooke having again taken the

      chair" Lo we answer , see we come , Quick at freedom ' s holy call " was sung in full chorus by the performers in firstrate style . Some impatience being manifested for the appearance of Mr . O'Connor , Mr . Hobson came forward and entreated their patience for about twenty minutes , by which time the train would have arrived . In the meantime he would address them—( applause ) . Mr . Hobson then at great length entered into a luminous exposition of tbe value of labour , as proved by the facts " evidenced" by Mr .

      John Marshall of Leeds , before a committee of the House of Commons . We are compelled to omit Mr . H . ' s speech ; but in another shape our readers may depend upon having Mr . Marshall ' s evidence laid before them . While Mr . Hobson was speaking Mr . O'Connor arrived , and with some difficulty procured a passage through hia enakusiastic a&d delighted friends to the platform . At the conclusion of Mr . Hobson ' s address , Air . O'Connor , who appeared to be almost astounded by the magnificient sight before him , came forward and delivered an address o about an hour ' s duration .

      The proceedings concluded by the performers giving in full chorus , the

      anthem"Spread the Charter through the Land . " Long in Leeds will tbe 19 th of November be held in remembrance , as the day when this veritable Temple of Truth was opened for the gathering together of the sons and daughters of freedom .

      Untitled Article

      STATE PROSECUTIONS . —Dublin , Nov . 14 . Jadge Barton sat at half-past ten o'clook , to bear motions of course . After the disposal of some cases , including that of the Queen v . Samuel Gray , which was postponed till next day , the State Prosecutions came on . Mr . Whiteside—Tne parties in the case of the Queen v . O'Council and others were to appear in person to-day , and the parties are in atteadanco now . Sir Colman CLoghlin—Th / jy are in attendance , my Lords , for the purpose , of pleading , this being the last day .

      Mr . O'Connell , accompanied bj Mr . Daniel O'Connell , jun ., entered the Court , and was followed by the other traversers , namely , Mr . John O'Connell , M . P ., Mr . SteelejBr . Gray , Rev ; Messrs Tyrrell and Tieri&y , Mr . Barrett , Mr . Dnffy . and Mr . Ray . Mr . Forde—Xlr . O'Connell hands in his plea , my liordst

      Untitled Article

      Mr fc r £ " v Mr- 9 » oiel O'Connell . Loid Forde ~ Yes , Mr . Daniel O'Connell , my Cro ^ wou i ? SS d Wi 8 h th 6 Clerk ° fthe 5 fc it a O' ^^ e" landed S his plea . rwAfK da ^ ndaats lwnded I * «>«* Pie ** . nl £ n Jn » , ! i i [? . ~ Do y ° u wi 8 h *<> hear those Pl SoKSer ^? So ney-General ? rftJ f l ^ T tho « any more pleas * ? h ™ ffl ^ * iF rOwn 7 There «" noa ° . * y Lord . The officer then read the following plea :-.

      IN THE QUEEN ' S BEI ? CH CBOWN SIBB . Th rSf ? 2 J ?? T n £ % an H 9 'GonneU John O'Connell The-SteekT M R * y John Gray Charles G Duffy Rev ^ P J Tyrrell Rev TTierni , Richard Barrel n ™ «? . ™™ said . Caniel O'ConneU in his own ? h « o ! , Ln « ^ "ntothe Court here of our Lady V , L ? tht D A i ? f ¦ Queen heraelf a ^ bavinj S ? J * ff - T ., Ind' « t « nentread and protest-!« * « & £ u T g ^ oft ^ Premises charged m the eaid alleged indictment or any part S Sv 5 » - « abatement thereto nevertheless saith that he ought not to be compelled ; to answer the said' alleged indictment and hat the same ought to be quashed because he sK WmV ^^ heretofore to . wit on the 2 d day of November m the year of our Lord 1843 to wit at O ^ nwTlV ? . « aid ^ y the Queen beforTthe Queen herself to wit in the parish of St . Mart in th «

      county oi the city of Dublin aforesaid was found a true bill by the jurors upon the evidence of divers to wit four witnesses then and there produced beFore a&aid aBd iK ^ # ° xamine <» by the juror 9 aioresaia ana that the swd witnesses then and there produced before and examined by the jurors aforesaid _ were nor was any of them previous to their and his being so exaamined by the jurors aforesaid sworn in tbe said court of our said lady the Queen before the Queen herself according to the provisions of a certain statute passed in a certain session of parliament holdenm the 56 th year of the reign of his late Majesty King George III . intituled an act to regulate proceedings of grand juries in Ireland upon bills of indictment to wit in the parish of St . Mark in the county of the city of Dublin aforesaid and he is ready to verify wherefore he prays judgment of the said indictment and that the same may be quashed and so forth .

      _ „ ' Daniel O'Connell . Mr . Forde—All the rest are the same . Attorney- General- —Now , my Lords , I object io any of those pleas being received by the court ; and the court will of course allow me time until to-morrow morning , that I may be prepared to state at length the grounds on which I object to them . I don't conceive that at this stage of the proceedings the party can plead ia abatement , for if they plead in abatement at all , they shall pkad that plea on arraignment , and on being put in charge . But until I have on opportunity of looking into the pleas , I hope the court wilt not receive them , and that I shall have an opportunity of addressing the court is the morning . Mr . Forde—The time for pleading expires tonight . . Clerk of the Crown—They can be received as of to-day .

      Chief Justice—There is a similar plea tendered on the part of each traverser . Mr . Forde—Yes , my Lord , verbatim . The time for pleading expires to-night , and we got no notios . Mr . M'Donough—Mr . Fordo , wait awhile and leave it to counsel , if you please . Chief Justice ( to Attorney-General)—You wish the consideration of those pleas to be postponed until morning . Attorney-General—Yes , my Lord . Chief Justice- ^ -Of course , Mr . Attorney-General , that mast be without prejudice to the rule on the traversers to appear and plead to-day . They have appeared and put in a plea ; and whether that be a valid or invalid plea , it is to be taken as if that plea were put in now .

      Attorney-General—Of course , my Lord , they tender that plea ; now , if the court be ultimately of opinion that it is a proper plea to be put on the file-Mr . Hatchell—The way I conceive the case stands at present is this—The party came iu within the limited time for pleading , and gave in his plea . That plea was read , and the other pleas are exactly in the same words for all the parties . I conceive that plea is now put in , and on record . The traveasera seek no extension of time ; they have complied witn the rules of lair , and the terms of their recognizance . If the Attorney-General conceive those pleas , or any of them , ought not to be received , they are open to objection , and his eourse will be to move to set aside those pleas on such grounds as he may be advised .

      Attorney General—Tnia is a matter that must be left to the discretion of the court .. If those pleas are not pleas that they would be justified in putting io at this stage of tbe proceedings ; and if the course Mr . Hatchell suggests were pursued , the consequence would be this—I would have to serve notice to-morrow ; that notice could not bo regularly moved until after to-morrow , and that will delay the investigation of that whioh ought to bo investigated without delay-r-namoly , the right of the traversers to put in those please at this state of the proceedings .

      Mr . Hatchell—The court has already deoided that a question arising in these trials should not be de bated without duo notice . Such was the course adopted with respect to us , I conceive the Attorney-General will not be too late to serve notice for after to-morrow . He will have fall time to consider the bearing of the case , and to move to set aside tho pleas , or to demur to them . Judge Crampton —And if it were convenient for the Attorney-General to state his grounds of objection now he might make his motion , and the court would let it stand until the following morning .

      The Chief Justice thought the matter was in the discretion of the oourt , and that counsel on either side ought not te interfere with that discretion . The court had no right to go into the case then if it would be inconvenient , and if no ends of public justice could be attained by it . It was , he conceived , in the discretion of the court to postpone it until the following morning , the parties having tendered their pleas . Mr . Whiteside—That , of course , is between the Crown Counsel aud the court . We are not bound

      to appear on that notice . Mr . Fitzgibbon—Suppose the Court Bhall determine to-morrow that those pleas are not in time as pleas ia abatement , ( he time to plead to the merits lapses . But if the Court now determine it , the traversers are now in time to plead in bar . But if the Court postpone that consideration until tomorrow morning , it is only right that to-morrow be considered as to-day ; and if the Court will determine to-morrow that those pleas are not in time , all we want is , that the plea in bar shall be received

      to-morrow . Attorney-General—When that matter is discussed to-morrow , that and the other circumstances of the case will be under the control of the Court ; but I trust that nothing will bo anticipated or decided to-day . ' Chief Justice—The traversers are not to be prejudiced by the matter not being further discussed to-day . Mr . Whiteside—There is no decision calling upon js to appear on ths part of the traversers , so you may argue it yourselves .

      Mr . Henn—I submit that by the course the Attorney-General asks the court to take , we are deprived of a benefit which we aro entitled to—not a benefit I would say , but a matter of right—and the reasons assigned by the Attorney-General discloses that fact ; for if the pleas were received now , and there is no reason why they should not be received , the Attorney-General conceives it would be necessary to serve notice , and that that would cause delay . But if bo ; it was a delay the party were entitled to ; that notice should apprize us of his reasons for objecting to the pleas . Ho complained of our making a motion without giving him two days ' notice ; and is it not reasonable that he should be required to give notice to us ?

      Chief Justice—I doubt if there can be any objection to the course the Attorney-General proposes ; and I say , as a member of the Court , that four ©" -clock is not a proper hour to go on with the discussion of this case . - His Lordship had scarcely concluded t \ iese observations when th © officer directed th ' j ovier to adj " ourn the court , and the Court was Accordingly adjourned at about twenty minutes to four o'clook , without further discussion of the case .

      STATE OF THE COUNTRY . Dreadful Outrage in North Tifperary . —At six o ' clock on the evening of tb a I 2 ih instant , a dreadful outrage was perpetrated at Finoe House , within about a mile and a b / xjf of Borrisokane . Thomas Waller , Esq ., the owne r of the mansion and an extensive tract ot country v its vicinity , had just sat down to dinner with hie iady , his niece , Miss Waller , of Ormond Cottage , and his brother-in-law , Mr . Braddle of Mallow , w jjen a body of men , some of whom were armed wit' pistols , dashed into the dining-room , seized the j ^ ves that were on the table , hacked and m » me& Mr . Waller and Mr . Braddle m several p ) ^^ aDOut the head aud face . Mr . Waller also had „; = am broken ; Mrs . Waller

      and Mies Waller w ere severely wounded . Though the alarm was giv jQ an ( j the police were as soon as possible at the sr ene of outrage , still they did not succeed in appr ebendjnK any of the perpetratw-F . Mr . Waller is a ju 8 tic / of the Peace for the County , ^ a Tery extensive land proprietor . H' J ha 8 j it j 9 saia , resorted pretty freely in ^ « clearance" system , and he would rather ar y jay Btumble over a tree than a cottage on his prop ^ rfcy . He is father to John Francis Waller . Esq ., t ne ^ te assessor for the city of Dublin . Mr . Brad' jj e is agent on Mr . Colo Bowen's estates near Too' jjavara , on whioh at least a couple of murders aw . perpetrated annually . It was for ono of tnt se V . orders that a youog peasant from near the Silver

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      Mines , nanwd Quilty , was tried and executed at the recent Commission at Clonmel . He died , declaring in the most solemn manner his innocence . Although tbe leading members of the Roman Catholio priesthood in North Tipperary signed a memorial got up by the Rot . Edward Magrath , P . P ., Silver Mines , in favour of the condemned peasant , still the Government was inexorable , the taw should have its course , and Quilty paid the penalty of his life for a murder of which many eupposed him guiltless . Further Particulars . —Another correspondent writes to sav that Mr . Waller ' s life is despaired of —that Miss Vereker , Mrs . Waller ' s sister , had her arm also broken ; and that the butler , who made bold efforts to save his master , was very badly beaten . — Dublin Freeman , Wednesday .

      Arbests . —Three men have been arrested in the cannty of Kilkenny for the murder of Rody Donohoe , of Nicora Castle , near Doomavara , last summer . Donohoe was murdered on his return from the fair at Toomavara within view of his own house , and in the broad light of day . His son , his nejee , and a neighbouring man were present at the time , but were overawed by the thr < Je murderers . Another Murder . —The Gazette of Tuesday contains a proclamation offering a reward of £ 80 for the discovery of the assassins of Patrick Maquire , a bailiff , who was waylaid and brutally mardered on Friday night last , at a place called Leganamer , in the county of Leitrim . A similar reward is offered in the same Gazette for the apprehension of the murderers of John Loohead , driver to Mr . Why to , of Kilburn , couatv of Cork . i

      The following is from the Nenagh Guardian : — on Sunday night last , the house of a man named Patrick Hogan , in the neighbourhood of Ballinaolough , was entered by a party of five men , two of whom were armed with pistols , they searched the house for Hogan who fortunately was from home . On being disappointed in not finding him , they discharged their pistols . ' at the dresser , and broke all that was on it . The : party were strasgers , and unknown to the family , ) who were greatly alarmed at the circumstance . } Pleasant—Very !•—The Editor of the N . Guardian says he has received the following

      THREATENING NOTICE . " Big Belly Kempston . —You did not take my last notice , I tell the men again to mind themselves by night for my Corporal knows every one of them , you are a great tyrant against the Priests and Repeal , I will give you three or four ballets in the belly .

      KEMPSTOM . [ Here follows the figure or outline of a man , with six bullets perforating his brain and several parts of hi 3 body } . I " By God you will get no further notice from me for your paper on this night ia cutting down my religion . ; I remain Captain Steelribs of this town an County Tipperary . ' Last Sunday a threatening notice was posted at the chapel in Aughintain , threatening vengeance on any , one who would , take a vacant farm on Mr , Brown ' s estate . —Enniskilten Reporter .

      We learn with great regret one of those mysterious movements , which in other counties manifest themselves in lighting of straws and making bonfires , has commenced here . In one district , the houses of Roman Catholics have b « en singled ont during the night by two distinct White mark 9 . We , have not been able tojaseertain the real meaning of these demonstrations , but , no doubt , something political is intended . —rlbid .

      THE SIGNAL FIRES . The Cork Constitution of Tuesday contains letters from a host of Correspondents , giving accounts of the renewal of the signal fires on Saturday last , in the Counties of Cork , jKerry , Waterford , Tipperary , Limerick , Clare , &c . | &c . The Editor says— " On Saturday evening , the ; hills were again in a bla ^ e . Throughout a large portion of this County , wherever the eye turned , lit was saluted by a fire . In Kerry , the same signal was seen on every eminence , and Waterford , Tipperary , Limerick , and Clare , were equally alive to their " duty . " These " demonstrations" cannot be " got up" without preparation . There must be some system—some managersome persons to originate and direct , and ' some

      through whom the direction is communicated in the multifarious districts of the country . Who are they ? In the neighbourhood of this City ( Cork ) the signals blazed as iu places more remote . No fewer than twenty were counted from Sunday ' s Well , and the yelling was heard for miles around . In quarters of the County , too , not named by our Correspondents , the peasantry were as active , and the fires sprung up successively from hill to hill . In the neighbourhood of Bandon , the first fire was lighted at Cashel Hill . This was about ! half-past seven o'clock , and in a few minutes , as far as tbe eye could reach , the whole horizon waa illumined , amid dancing and yelliag aud blowing of horns . From Mallow along to the County of Limerick every elevated spot had its fire , and great alarm prevailed . "

      i Dublin , Nov . 15 th . Mr . Judge Burton sat at half-past ten o ' clock , to hear motions of course . The full Court sat at eleven o ' olook . ! The Attorney-General was in his place at the sitting of the Court , and was subsequently joined by the following Counsel for the Crown : —Messrs Brewster , Tomb , and Freeman , Q . C ., and Messrs . Holmes and Napier . ; Th < 5 agents of the travereers and the following counsel of the accused were also in attendance : —Messrs . Moore , Pigot , Hatchell , Henn , Monahan , Fitzgibbon , M'Donoogh , Q . C . ; Sir Colman O'Loghlen . Messrs . O'Ha ^ an , Perria , and Close . ; THE OUEEN V . O ' CONNELL .

      The Chief Justice called upon the Attorney-General io proceed with the case , which stood over from the previous evening , j The Attorney-General said the question which now was raisea beforeHheir Lordships was , whether or not the pleas which were tendered on the preceding day on the part of the defendants ought , at this stage of the proceedings , to be received ; and he thought it would be found to depend upon the construction of the 60 Geo . III ., c . 4 ; and he contended th . it the ttsiversers were bound , if they intended to plead in abatement to tbe indictment , to have so pleaded in abatement ; when they were ' \ charged' with the indictment . ] Such he apprehended was the practice , both in the cases of felonies and misdemeanours , i

      The Attorney-General proceeded to support his case at great length , contending that under the act when the rule to plead ; or giving the party time to plead or demur , is spoken of , that in no portion of the section did it contemplate or intend to apply to the case of a plea in abatement or plea to the jurisdiction . It was neveri within the contemplation of tho act to give the party advantage by w , ay of dilatory pleading ; for , if he were right previous to the act , he must plead in abatement on arraignment , according to the ordinary course of this court , ia which

      rules to plead were eutered every day during the term . The rule to plead was an eight-day rule , and that was followed by a rule for judgment unless plea in four days , and thai eight or four-da ; rule had no reference to a plea ia abatement or to the jurisdiction , which must , according to the course of the court , be put in in four running days , wbieh would include Sundays ; and jf they applied the practice in civil cases to this case , the plea was not in time > n this case , because tiie plea was not tendered until the preceding day . _ in that oworfc

      judge Perrin believed the practice before tho passing of the act waa , that a party bad the same time to plead j in abatement in the case of misdemeanour as in civil cases , and the four days there graated run oa tbe crown side in the same way as on the civil side , and jit was only ia oases ; of felony or treason that tbe party was bound to plead on arraignment . j ,...,,. iV The Attorney-Seneral said pf . that were the case , and fram his lordshJp ' BJ experience he had no doubt it was , the plea eould not be recamsd , for it was too late , according the practice in . civil oases , and if they wasted to raise the question , they should have tendered their pleas on Monday . The Chief Justice said the officer reported the Draetiee to be according to Judge Perrin '

      srecollec-Attorney-General— "Then your Lordships will find that thoie is an end of j the case ; and now that : that preliminary point was settled by the recollection of Judge Perrin being borne out by that of the officer of the coust , he beggedj to be allowed again to refev to the Act of Parliament . " The Attorney-Gener ? . ! continued a very lengthy address , and concluded j > y observing that under all the circumstances of the case he submitted to the court that the Act of Parliament could not sustain the defendant s ap plication . The court were ; olearly called upon to reject the pleas , and not put ! a construction upon the act that would contradict its policy , and that v / hen the legislature expressed an intention to prevent delay , they would not put ai construction upci the act that would create delaj . He , therefore , called upon the court to refuse to receive the sever al pleas that had been tendered by the defendants .

      Mr . Moore , Q . C ., appeared as counsel for one of the traversers , Mr . O'Connell , and , as he understood the case , the Attorney-General bad in substance and in tact moved for an order of the Coutt to its officer not to receive the pleas . He was not in Court on the preceding day ; but b . a understood the pleas were given in to the ] officer and read , aad the Attorney-General was now , he thought , in fact , calling upon their Lordships to give directions to the officer that the pleas should not be received . It appeared to him that it-might have been fully competent for the traversers ; to have insisted upon that strict measure of right , which he recollected his friend , the Attorney- General , had insisted upon on a former occasion—namely , that " no application should be brought under the consideration of the Court without giving that notice that waa required by the rules of the Court . " )

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      In the course of Mr . Moore's argument he was interrupted by the Attorney . General , who said he wished to mention a fact which he had forgotten to state in the course of bis argument . Their Lordships were aware that an application was about to be made for bills of particulars , and notices were served on the crown to that effect , and he had now to state that all those notices had been complied with , and bills of particulars furnished to the parties oa Monday night . Mr . Moore said he was not apprised of anything that occurred with respect to that . Mr . Brewster—It is now mentioned , that it may not come to you by surprise when I Btate it ia reply . Mr . Moore—I must say it cornea on me now by surprise . , Attorney-General—I am surprised at that , when you were going to make the

      motion-Mr . Moore—I was not aware of the bill of particulars being furnished , and I submit that if you rely on any facts you must do so on affidavit . The Attorney-Genoral referred to Moody ' s Crown cases to show , that where a party obtained a bi " of particulars he could not avail himself of any objection afterwards . Mr . Moore resumed , and after a very lengthy speech , concluded by submitting , " that there wa 3 nothing in the principles of common law or justice , or in the provisious of the act of parliament in question , that warranted the Attorney-General in calling upon the court to give that limited construction to the act , and that , therefore , the court would not accede to his application to reject those pleaa . Mr . Hatchell , Q ,. C , followed at great length oa the same side . Mr . Henn , Q . C , said he was for another of the traversers .

      The Chief Justice said he did not think they should hear any other counsel for the defendants , as they had a common case , having put in each the same ^ plea . It would be a great waste of public time if they were to hear counsel for each of the defendants on the same point . Mr . Monahan , Q . C , said there was not the least disposition on the part of the defendants ? counsel to delay the time of the Court . Their lordships would not bind any man without hearing him , and they migb t therefore claim the right to have counsel heard separately for each ; but they would be satisfied to forego all such right if the Court would then hear Mr . Henn . The Chief Justice said if they heard Mr . Henn there was no reason why they should not hear counsel for all the defendants . Mr . Whiteside , Q ,. C , said they would be all satisfied if Mr . Henn was heard .

      Chief Justice—Why did you uot consult together beforehand . - Mr . Mpnaban said they had no opportunity to da so . He had some suggestions to make to Mr . Moore , but he had no opportunity of doing so , and he was then obliged to communicate them to Mr . Henn . Mr . Pigott , Q . C ., said he had been similarly circumstanced , anrf could not approach Mr . Moore to consult with him . The court having consulted together for some time , Chief Justice—Do you state to the court , Mr . Henn , that there is fresh matter that has not been opened in the discussion 1

      Mr . Henn—I think there ia some , my lord . Chief Justice—The court must have an objection to have the same ground gone over again and again , no matter how ably . Mr . Moore said he had not an opportunity to consult with any of his Learned Friends , as his brief did not come to his house until long after be had retired to rest on the night before . Mr . Monahan said it was twelve o ' olook at night before his brief had been sent to him . Mr . Whiteside said all tbe counsel present were similarly circumstanced .

      Chief Justice—If Mr . Henn is to speak , I take it for granted we are not to have any more counsel applying to be heard , and for my own part , I must protest against such a course being adopted . Mr . Henn then proceeded—He said he wished ia the first instance respectfully to call the attention cf their Lordships to the nature of the plea which tho court w « re called on to prevent being pleaded . The Attorney-General bad spoken Of it as if it had been a mere dilatory plea , formed for the purpose of delay . He would submit that , though a plea in abatement , it was not a mere dilatory plea , but that it was framed to raise a mofet serious and important question . The question raised by the plea in abatement was , whether the bill of indictment had beeii found on the testimony of sworn witnesses Chief Justice—On the the testimony of witnesses sworn in court ?

      Mr . Henn—Yes , but if our construction of the law be right the witnesses were not sworn at all ia peint of law , unless they had besn sworn in court . Chief Justice—You need not go into that question now . At the conclusion of Mr . Henu ' s argument-Mr . Brewster replied at great length , on behalf of the crown , in the course of which a smartish fire was kept up between Mr . B . and the Counsel and Attorneys for the Defendants . After a lengthy discussion between Mr . Brewster and the Court .

      The Attorney-General again rose and said—I now call for the rule to join in demurrer in four days . The Chief Justice proceeded to give judgment After speaking at great length , he in conclusion said the court was called upon for the first time toimpose a construction upon the aet . that would really , and in point of fact , compel a party , if he intended to rely upon a plea in abatemsnt , to plead within two days , instead of within four days , whereas the statute said that he was to have four days to plead in compsnsation of the rights of which he had been deprived . Without going further into this case he hoped he had sufficiently and clearly explained his views oa the subject . He thought under the true construction

      of the act they were not bound to give a narrow construction to it , bub if there was any doubt to give it a more general construction . Moreover , he would not throw out Of his consideration of the case that the officer of the court made no restriction as to the nature of the pleat The party was at liberty to plead , not within four but within five days , and if the case turned on that , he _ for one would not say he would not permit the parties who were suitors in that court to run the risk of being misled by the officer of the court to whom they applied . And supposing it to have been a mere mistake , he would hold the party in this particulapcase entitled to the benefit of it . Those were his views on the subjpat-, and hebelieved the rest of the oourt were of opinion with him .

      Judges Burton , Crampton and Perrin concurred * with the Chief Justice .. Attorney-General- —I * understand these several pleas are now received , and I demur . I have handed in demurrers to each and every of those pleas , and I submit to your lordship that I am entitled to call the traversers now to appear and join in

      demurrer . Mr . Moots objected ; and the Attorney-General replied . Chief Justice—We are of opinion , Mr . Attorney-General , that he is bound t& . jdin in demurrerinstanter . , . ¦ , . m , Mr . Hatchell—If the Attorney-General' had sti 7 I < any difficulty on the subject they woald have no difficulty , as was d » ne on the preceding evening , to . adjourn the case to the following morning . The Attornevr General wa » much obliged , but the

      design of the other side was-palpable , and he haa no . wish , to concur- in their vi « . ws or objects . Whatever the practice ia England was , the practice was not so in this country . But fcaid the Learned Gentleman ) I represent the Csown here , say Lords , and I * with every respect for the Court ,, deny t ^ e right of the Court to delay the proceedings of the Grown j and , reprinting tfca Crown s . I call upon the parties to join in deraurrer , and I call upan you , ms Lords , to prevent your being a party to tbe delay thai ia callecbfor .

      The Court bavins , spent scae time io consultation with Mr . Bourne * tbe Clerk of the Crown , The- Chief Justice Baid » on inquiring of the offlcer oh the courb , it appeared that the practice in this : eountry is to gite a four-day rulo ia such

      Ca £ 38 . Attorney-General—I know that the ordinary ¦ practice may be so ; but the question is , whether the l ^ arty bound by their recognisances to the Crown , ta I have bound them in this case , to appear from day to day , are not thus obliged to join in demurrer instanter . It was well observed by Lord Plunkett that the rales of the Court are the servants of the Court , and where a plea in abatement is put in , as I assert , in order to create delay , and where I sustain that view by demurring as rapidly as I could , I say that considering these circumstances , I trust your Lordships will , notwithstanding any rule of practice to the contrary , require them to join in demurrer forthwith , as I require them —( much sensation among the bar ) . Some farther disoussion ensued between the Court and the Attorney-General .

      Chief Justice ( addresaing tbe Attorney-General ) said—When you mentioned the matter at first , and cited Layer ' s case , it occurred to me that what you read appeared exceedingly reasonable ; and tnat the party who had pat in a dilatory plea , wen undoubtedly this plea must be confessed to be , should be prepared to defend iV when called upon to do so . I cannot see tbe reason why a rule should hold in capital ^ cases and not in other oases ; and when Jhe thing we * first mentioned I did concur in your reasons , and I thought the party Were bound to jom iff demurrer forthwith ; but as the practice is reported by the officer to be to enter a four-day rule , we cannot now depart from it . Mr Scrivener , Seoretary lo the Lord Chancellor , was an attentive listener in court during the proceedings , and took hia departure imnune&atcly afw the result waa known .

      Glorious Progress Of Chartism In Leeds. Opening Of The New Chartist Hall.

      GLORIOUS PROGRESS OF CHARTISM IN LEEDS . OPENING OF THE NEW CHARTIST HALL .

      Gfye 3£Rt.S1) ;P*Ofc*M*Ut.

      Gfye 3 £ rt . s 1 ) ; P * ofc * m * ut .

      3to 3&Eatrer0 An& ©Orr^Pontr^Ntis

      3 To 3 &eatrer 0 an& © orr ^ pontr ^ ntiS

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      _^ NORTHERN STAB i ^^^ k I " •¦ ¦ - . ¦ « ¦ ., ¦ » . . __ , ; . ; ' . */

  • Citation
    • Northern Star (1837-1852), Nov. 25, 1843, page 5, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/ns/issues/vm2-ncseproduct956/page/5/