Chapter XXXVII: Part 37

The next witness called was Thomas Walker, the special constable, who had been wounded. He stated that he went out by order of the mayor to make observations upon the district towards Risca, which is about six miles from Newport. He found several parties of men on the road, apparently armed; and at Risca he heard shots fired, and some cheering. On his return he was stopped by about sixteen men, and he was stabbed by one in the thigh, while another fired a pistol at him, the ball from which inflicted a very severe wound. He managed to reach Newport, but on his arrival there he was so weak as to be unable to walk any further; and having reported himself to the mayor, he was carried home and put to bed.

The mode by which the men, under the command of the prisoner, increased the number of his followers, was detailed by several witnesses, who were labouring men, residing on the different lines of march taken by the Chartists. From their testimony, it appeared that every cottage was attacked and the male inhabitants forced to take such implements as they might possess, (fit to be employed as offensive weapons,) and accompany the main body. In case of refusal, or of disinclination being exhibited to obey the orders which were given, force was used, and persons were set to guard those who appeared likely to attempt to escape. Out-scouts, it was also proved, were appointed to watch the districts in the neighbourhood of the Welsh Oak, and the various places of meeting, and upon the approach of any strangers, they were directly seized and carried before some of the leaders for examination. Chartist lodges were shown to have been established throughout the whole district of country surrounding Newport; and at the meetings which were held antecedent to the insurrection, collections were made for the purpose of defraying the expenses of the purchase of arms to be used against the authorities of the town.

Other witnesses were called, who deposed to facts implicating Zephaniah Williams and William Jones, as well as the prisoner Frost, and proved the employment of great violence by them and their followers.

The evidence as to the apprehension of Frost, was that of Mr. Thomas Jones Phillips, clerk to the magistrates of Newport. Having proved the issuing of the warrant for the prisoner, he said "On Monday the 4th of November I went to Mr. Frost's house with the superintendant of police, but he was not there. I afterwards went to Partridge's house, but not in search of Mr. Frost. I had a search warrant for Partridge's house. I went to the house attended by some special constables. It was between the hours of seven and eight o'clock at night. I knocked at the door, but no notice was taken. I then attempted to enter the house, but finding the door fastened, I called out 'Partridge,' and he said 'I am gone to bed.' I said 'Get up and open the door, or I must force it open.' The door not being opened, I forced it open. I heard the cross, that seemed to fasten the door inside, falling down, and then, when the door was open, I saw Mr. Frost standing within two yards of it. He was facing me. The cottage in which Partridge lives is a very small one, and the door opens from the street into the room. There is no passage. I walked up to Mr. Frost, and laid my hand upon his shoulder on one side, while Mr. Rogers, who was with me, laid his hand on his other shoulder, and said to Mr. Frost, 'He was a prisoner.' Mr. Frost said, 'Very well, I will go with you directly.' I said, 'No, I am not yet prepared to go with you,' for I had the search warrant to execute. I then searched the house. Mr. Frost appeared to me (at the time) to be very much fatigued; and he himself told me that he felt very uncomfortable. He walked arm-in-arm with me from Partridge's house to the Westgate Inn. He was not searched till he got to the Westgate Inn. There were found upon him three pistols, a powder-flask, and some balls. The balls I believe were loose in his pocket. The pistols were all loaded."

This evidence, which was concluded at the end of the fifth day of the trial, completed the case for the prosecution.

Sir F. Pollock, on the following Monday morning, proceeded to open the case for the defence. The learned gentleman occupied more than five hours and a half in addressing the jury; commenting in the most able manner upon the whole of the vast mass of evidence which had been adduced, and contending that there was nothing in the conduct of the prisoner, or of his associates, which could in the slightest degree warrant a presumption that they had assembled for the purpose of committing any offence which could be supposed to amount to high-treason. He urged that the probability was, that the assemblage took place with a view (on the part of the Chartists), to exhibit their power, and, by making a general movement, to procure the release of Vincent, their partisan, at that time undergoing an imprisonment, on a charge of sedition, in Monmouth jail; and that some prisoners having been made from amongst them, they had gone to demand their liberation, and had become exasperated by the harsh measures adopted against them by the authorities.

Several witnesses were called with a view to support these suggestions, and to show that the first act of aggression was on the part of the soldiers; and many persons gave the prisoner an excellent character for humanity and general mildness of disposition.

Mr. Kelly then proceeded to sum up the whole of the evidence, on the part of the prisoner, in a most able speech, and he was followed by the Solicitor-General in reply.

Towards the conclusion of the eighth day's proceedings, the Lord Chief Justice addressed the jury upon the whole case. At six o'clock the jury retired to consider their verdict, and in about half an hour returned into court, and declared that the prisoner was "Guilty" of the offence imputed to him, but recommended him, generally, to the merciful consideration of the crown.

On the following morning, the 9th of January, Zephaniah Williams was put upon his trial. As we have already entered so fully into the facts proved against the prisoner Frost, it would be useless to repeat the evidence adduced in any of the subsequent cases, which was merely a repetition of that already given. On Monday the 12th of January, this prisoner was called upon for his defence, when he appeared dreadfully affected. His counsel had already addressed the jury at great length in his behalf, and he contented himself with denying that he ever entertained any notion of the kind imputed to him, and solemnly protested that he never had the least design of revolting against the Queen. He was found "Guilty," but, as in the case of Frost, was recommended to mercy.

William Jones was then put on his trial, and on Wednesday he was also pronounced "Guilty," with a similar recommendation to mercy.

It now became the duty of the learned judges to proceed to the consideration of the indictments preferred against the other prisoners, in custody for minor offences alleged against them. Charles Walters, Jenkins Morgan, John Rees, Richard Benfield, and John Lovell, confessed themselves guilty of the charges laid against them; and the Attorney-General withdrew the prosecutions against Edmund Edmunds, James Aust, George Turner, and Solomon Britton, in reference to the propriety of whose indictment great doubts existed. On the same day several other prisoners pleaded guilty to charges of conspiracy, riot, pike-making, burglary, &c.; and on Thursday, the business of the special commission was terminated by the learned judges passing sentence on the prisoners.

Frost, Williams, and Jones, were first brought up; and their lordships having gone through the usual forms put on the black caps, and--

Chief Justice Tindal addressed the prisoners in the following words:--"John Frost, Zephaniah Williams, and William Jones, after the most anxious and careful investigation of your respective cases before juries of great intelligence and almost unexampled patience, you stand at the bar of this court to receive the last sentence of the law, for the commission of a crime which, beyond all others, is the most pernicious in its example, and the most injurious in its consequences, to the peace and happiness of human society--that of high-treason against your sovereign. You can have no just ground of complaint that your several cases have not met with the most full consideration, both from the jury and the court; but as that jury have, in each of them, pronounced you guilty of the crime with which you have been charged, I should be wanting in justice to them if I did not openly declare that the verdicts which they have found meet with the entire concurrence of my learned brethren and myself. In the case of all ordinary breaches of the law, the mischief of the offence does, for the most part, terminate with the immediate injury sustained by the individual against whom it is levelled. The man who plunders the property, or lifts his hand against the life of his neighbour, does by his guilty act inflict, in that particular instance, and to that intent, a loss or injury on the sufferer or his surviving friends; but they who, by armed numbers, or violence, or terror, endeavour to put down established institutions, and to introduce in their stead a new order of things, open wide the flood-gates of rapine and bloodshed, destroy all security of property and life, and do their utmost to involve a whole nation in anarchy and ruin. It has been proved in your case, that you combined together to lead from the hills, at the dead hour of night, into the town of Newport, many thousands of men, armed in many instances with weapons of a dangerous description, in order that they might take possession of the town, and supersede the lawful authority of the Queen therein, as a preliminary step to a more general insurrection throughout the kingdom. It is owing to the interposition of Providence alone, that your wicked designs were frustrated. Your followers arrive by daylight, and, after firing upon the civil power and the Queen's troops, are, by the firmness of the magistrates, and the cool and determined bravery of a small band of soldiers, defeated and dispersed. What would have been the fate of the peaceable and unoffending inhabitants, if success had attended your rebellious designs, it is useless to conjecture. The invasion of a foreign foe would, in all probability, have been less destructive to property and life. It is for the crime of treason, committed under these circumstances, that you are now called upon yourselves to answer; and by the penalty which you are about to suffer, you hold out a warning to all your fellow-subjects, that the law of your country is strong enough to repress and to punish all attempts to alter the established order of things, by insurrection and armed force, and that those who are found guilty of such treasonable attempts must expiate their crime by an ignominious death. I do, therefore, most earnestly exhort you, to employ the little time that remains to you, in preparing for the great change that doth await you, by sincere penitence and fervent prayer; for although we shall not fail to forward to the proper quarter that recommendation which the jury intrusted to us, we cannot hold out to you any hope of mercy on this side the grave. And now doth nothing more remain than that the Court pronounces (to all of us a most painful duty) the last sentence of the law, which is, 'That each of you, John Frost, Zephaniah Williams, and William Jones, be taken hence to the place from whence you came, and be thence drawn on a hurdle to the place of execution, and that each of you be there hanged by the neck until you be dead, and that afterwards the head of each of you shall be severed from his body, and the body of each, divided into four quarters, shall be disposed of as her Majesty shall think fit; and may the Lord have mercy upon your souls.'"

The prisoners received the announcement of their fate with the utmost firmness, yet propriety of demeanour. They were the only persons in the crowded court whom the fearful nature of the sentence, and the low, solemn tone, in which it was pronounced, did not most deeply affect.

The prisoners were then removed from the bar, and the clanking of their chains was painfully audible.

Charles Waters, John Lovell, Richard Benfield, John Rees, and Jenkin Morgan, were next placed at the bar, and, as in the former case, were addressed by the learned Judge with great solemnity. Their cases, though sufficiently aggravated, presented features of palliation which entitled them to an extension of mercy, and their lives would be spared. "At the same time (said his lordship), looking to the active and prominent share which each of you has taken in the lawless proceedings at Newport, on the fatal 4th of November, we cannot hold out to you the hope of further mitigation than that you must be prepared to leave your native country, and probably for the remainder of your lives. For the present, and with the object of obtaining such mitigation of the execution of your sentence, it is our duty to pass the sentence required by law;" which his lordship did in the form adopted with the other prisoners.

All the prisoners received the intimation that they should be transported with some indication of surprise. Rees alone leant his head upon the bar and wept.

Notwithstanding the extremely perilous situation of the unfortunate men, who were thus convicted and left under sentence of death at Monmouth, during the whole period occupied in their trials their brother Chartists throughout the county persisted in pursuing their reckless and mischievous career. In the immediate vicinity of Monmouth, small armed bands associated themselves for the purpose of deterring the attendance of jurymen and witnesses at the trial; but the active interference of a large body of the London police-force, sent down with a view to the preservation of peace and good order, effectually prevented the success of their schemes. Rumours were industriously circulated, as well before the commencement of the proceedings of the special commission as during their continuance, that a new rising was intended, to procure the release of the prisoners from custody; and the most active preparations were made to meet any outbreak which might occur; but it eventually turned out, either that the reports were unfounded, or that the devisers of the plots wanted the courage or the means to carry them into execution. In Sheffield, Dewsbury, and many of the northern towns, the Chartist agitation was kept up, avowedly without the least consideration for the wretched prisoners; and, by the vigorous agency of the police, the most atrocious plots were discovered and frustrated.

In the metropolis, too, the work of disaffection was apparent. Repeated meetings took place, and schemes of the very worst character were devised; and, on Tuesday the 15th of January, the government received private information that an insurrection was to break out on that night or on the following morning, and that the firing of London in various parts was to be the signal for a general rising throughout the country. Orders were in consequence instantly transmitted to the Horse Guards, for the preparation of a sufficient force to repel any treasonable attack which might be made; and here, as well as at all the barracks in the vicinity of the metropolis, and at the Tower, the whole of the men were put under arms. The metropolitan police-force and the city constables received orders to be ready for immediate action, and the London Fire-engine Establishment--a body of most enterprising and active officers--formed into a fire-police, was placed in readiness to employ their exertions to assist the municipal authorities to suppress the supposed intended conflagration.

The alarm, which was necessarily spread through the metropolis in consequence of these warlike preparations, however, turned out to be without cause; for although on that night a very large meeting of Chartists took place at the Hall of Trades, in Abbey-street, Bethnal-green, there was no attempt at violence. The conduct of the speakers at this assemblage, indeed, sufficiently showed the extremes to which they desired their followers to go; and a subsequent meeting on the following Thursday proved that they were not quite so harmless as their apologists would have had it supposed. At this convention, held, as it was announced, for the purpose of discussing the existing state of the working-classes throughout the country, upwards of seven hundred persons attended, the majority of whom seemed to be individuals of low rank. At nine o'clock the committee came upon the platform, when Mr. Neesom was called to the chair. After the chairman had detailed the objects for which the meeting had been called, Mr. Spurr, who had on a former occasion taken an active part in the discussions, rose to propose the first resolution. After a few preliminary observations, he contended that the only way to preserve the peace was to be prepared to wage war; and in support of such an assertion he thought it would be well deserving the attention of the meeting to bear in mind the words of a celebrated person, "to put their trust in God, and keep their powder dry," which was received with loud cheering. On silence being restored, the speaker was about to proceed, but a body of police appearing at the door with drawn sabres, caused the greatest possible confusion. The chairman entreated the meeting not to be disturbed, as it was held on constitutional principles, but in order not to give their enemies an opportunity of succeeding, he hoped there would be no breach of the peace committed. The police then, having blocked up every avenue leading to the room, prevented all present from retiring, and proceeded to search their persons. Daggers, knives, sabres, pistols primed and loaded, and other weapons of an offensive character, were taken from many of them, while upon the floor were discovered others of a like description, evidently thrown away by their owners in order to enable them to escape detection. Twenty-one of the persons who were taken into custody on this occasion unarmed, were detained in the Trades Hall, and eleven others, upon whom pistols and daggers had been found, were removed to safe custody, in order to await their examination before the magistrates. Upon subsequent inquiries taking place, several of them were discharged, while, however, others, with new prisoners subsequently secured and identified as parties to the meeting, were tried and convicted at the Old Bailey Sessions, and sentenced to various terms of imprisonment.

The accounts received from some of the country districts also, showed that the conduct of the Chartists there was still more alarming; although from the vigilance of the police, and the constant watch kept on their movements, all serious mischief was prevented.

At Sheffield a plot of a most fearful description, which had for its object the burning of the town, was discovered to have been formed, and considerable preparations towards carrying this diabolical attempt into execution were found to have been completed. The magistrates immediately procured the assistance of the military, and the most anxious exertions were made to render any attack which might be attempted futile. It was ascertained that a midnight meeting was to be held among the Chartists on the night of Saturday, the 11th of January; and Colonel Martin, commanding the troops in the vicinity of the town, was called upon by the magistrates to render them such assistance as should be necessary to prevent any outbreak. In the outskirts of the town it was found that the Chartists had assembled in great numbers, and were prepared to undertake any mischievous attack which might appear to their leaders to be proper. The police, who were stationed in the roads to gain intelligence of their proceedings, were repeatedly fired upon and wounded; and one individual, who, from his dress, was mistaken for one of their body, received no fewer than twenty-seven slugs in his neck and shoulders from repeated discharges at him. In the course of the night a great many persons were taken into custody, and a large quantity of muskets, pikes, daggers, a species of instrument intended to impede the progress of horse-soldiers, with three long and sharp prongs, called a cat, with powder, balls, and hand-grenades, were secured. In the darkness of the night large bodies of men, armed with muskets and spears, were seen moving from various points towards the town; but, upon their approaching as far as the pickets which had been thrown out, they appeared to come to the conclusion that their scheme had been discovered, and that therefore their attack would be repelled, and they turned back and marched off into the country districts. During the whole of Saturday night and of Sunday, the greatest degree of excitement prevailed throughout the neighbourhood of Sheffield, and frequent seizures of combustibles and arms took place in houses in the suburbs.

The prisoners who were taken were instantly conveyed before the magistrates for examination, and Samuel Holberry, Thomas Booker, his son William Booker, James Duffey, William Wells, John Marshall, Thomas Penthorpe, Joseph Benison, and William Martin, were eventually committed to York Castle for trial.

Throughout the whole week, great alarm prevailed among the well-disposed inhabitants of the town; and the military continued in possession of the principal places of strength to prevent any new effort against the public peace.

The exhibition of violence on the part of the Chartists, however, was not confined to Sheffield; but at Dewsbury a simultaneous rising took place. On the Saturday night the town was seized by a number of armed men; and the private watchmen, six in number, were compelled to fly. Mr. Hale, an inhabitant of the town, who was acting as inspector of the watch, was fired at, although without effect, and the mob kept the neighbourhood in a state of terror during the whole night by the constant discharge of fire-arms. In Heckmondwicke, and other villages, similar scenes were enacted; and it was afterwards learned that the men who thus disturbed the public peace, were proceeding to join the Sheffield Chartists, but before morning all of them had dispersed.

While these disturbances, however, had occupied the attention of the authorities in the North, in London the government and the law officers of the crown had been occupied in determining the fate of the prisoners under sentence at Monmouth. The questions for the consideration of the judges, reserved at the time of the trials of Frost, Williams, and Jones, for in each the same points arose, were argued before the fifteen judges in the Exchequer Chamber; and after a most lengthy and learned discussion, extending through three days, the case terminated on the afternoon of the 28th of January.

The conclusion arrived at by the judges was communicated by the Lord Chief Justice of the Common Pleas to the Home Secretary, in the following letter:--

"Westminster-hall, 28th January, 1840.

"MY LORD--I have the honour to inform your lordship that the
argument upon the three cases of The Queen v. Frost, The Queen _v._
Williams, and The Queen _v._ Jones closed this afternoon, and that
the judges, after considering the subject, have come to the
following determination upon the two questions which have been
argued before them, viz:--First--A majority of the judges, in the
proportion of nine to six, are of opinion that the delivery of the
list of witnesses was not a good delivery in point of law.

"But secondly--A majority of the judges, in the proportion of nine
to six, are of opinion that the objection to the delivery of the
list of witnesses was not taken in due time. All the judges agreed
that if the objection had been made in due time, the effect of it
would have been a postponement of the trial in order to give time
for a proper delivery of the list. The result, therefore, of the
determination of the judges is, that the conviction is right.

"I have the honour to remain, my lord, your lordship's faithful and
obedient servant,

"N. C. TINDAL.

"The Lord Marquess of Normanby, &c. &c. &c."

On the day following the receipt of this communication, at a Privy Council which was held, it was determined that the lives of the convicts must be forfeited to the laws of the country, and the following letter was transmitted to Monmouth:--

"Whitehall, January 29, 1840.

"SIR--I am to signify to you the Queen's commands that the
execution of the sentence of Death, passed upon Zephaniah Williams,
John Frost, and William Jones, now in the jail at Monmouth, be
respited until Thursday the 6th day of February next. But the
prisoners are to be distinctly informed that the sentence of the
law will then be carried into effect.

"I am, sir, your obedient humble servant, "NORMANBY.

"To the High Sheriff of the County of Monmouth."

The governor of the jail, in obedience to these instructions, delivered a copy of this letter to each of the prisoners, and they appeared perfectly composed, and as if they had never entertained any hopes of mercy being extended to them. Every exertion had been made in the metropolis in the meantime with a view to procure the mitigation of the sentence of the prisoners. Petitions from all classes poured in to the Home Office; but all were declared to be of no avail, and it was not until Friday evening, the 31st of January, at a late hour, that her majesty's ministers came to a resolution to spare their lives. Sir Frederick Pollock used his greatest efforts to procure this desirable end; and having had no fewer than six interviews with Viscount Melbourne upon the subject, he had given up his task in despair, when, urged by Lord Brougham once again to see the premier, the learned and indefatigable advocate retired with the promise of her majesty's ministers, that the crimes of Frost and his two wretched partners in guilt should not be expiated on the scaffold.

On the following evening an express was sent off to Monmouth, bearing intelligence of this decision on the part of the government; and on Sunday night it arrived in that place. The reprieve, however, was accompanied by an order for the immediate removal of the prisoners to the hulks; and a military escort having been procured, at half-past one o'clock on Monday morning, the prisoners were roused from their beds, informed for the first time of their altered fortunes, and ordered instantly to prepare themselves for their removal. The wretched men had already taken leave of their families, supposing death to be inevitable, and their first feelings at their escape can be well imagined. They were now supplied with refreshments: and at two o'clock they were hurried into the prison van, and, escorted by a troop of lancers, were conveyed to Chepstow, and there put on board the Usk steamer, to be carried to Portsmouth, from whence they were to be transported for life.

In the course of the time during which the prisoners lay at Portsmouth awaiting the sailing of a vessel for New South Wales, renewed attempts were made to procure their freedom. Petitions from many districts, numerously signed, were presented, in which the impolicy of tarnishing the annals of a month in which the nuptials of the young queen were to be celebrated was urged; and even parliament was occupied with the discussion of the propriety of the steps taken by the government. In the House of Commons and in the House of Lords motions were made with a view to obtaining the pardon of the prisoners, but the ministers of the Crown, in a wise exercise of the duties of their office, strengthened in their opinion upon the case by that of the learned judges, before whom the prisoners were tried, declined to recommend that Her Majesty should make any farther alteration in the sentence of the prisoners. The following letter, conveying the sentiments of the judges upon this occasion, was produced in both Houses of Parliament:--

"Westminster-hall, January 31st, 1840.

"MY LORD--As to the law, the uniform practice has been, so far back
as we have any means of knowledge, that if the judge upon the trial
of an indictment feels any serious doubt as to an objection that
occurs in point of law, he decides the point against the prisoner,
and allows the trial to proceed, reserving such point of law, in
order that he may take the advice and opinion of all the other
judges thereon. After consulting them, and hearing argument thereon
(if thought necessary) the opinion of the judges is taken, and that
of the majority binds the judge who has reserved the question. If
that opinion should be against the prisoner, the law is suffered to
take its course, and the sentence which has been passed remains. If
the opinion of the judges is in favour of the prisoner, the
constant course is for the judge who tried the prisoner, and passed
the sentence, to apply to the Secretary of State for a free pardon.
And this course in no way depends on any consent, express or
implied, on the part of the prisoner; the judge pursues it at his
own discretion, and decides the point for the present against the
prisoner, giving him the benefit of further consideration and
advice with the other judges. And this course is pursued for the
manifest purpose of preventing a failure of justice; inasmuch as if
the judge decided under his immediate impression, supposing it to
be in favour of the prisoner, and directed an acquittal, there
could be no new trial, although upon reference to the other judges
his own opinion was held to be wrong. On the other hand, if the
opinion of the judge is at the time unfavourable to the prisoner,
it can be reserved by that course, and if erroneous set right.

"With respect to the statement in the memorial, of what took place
at the trial, so far as relates to ourselves, we cannot but remark,
that the learned counsel labour under a complete misapprehension,
at which we are the more surprised, as we expressly stated that no
distinction would be made between this and other cases tried at the
assizes, but that it must follow the ordinary course.

"At the time of the discussion, we all of us entertained serious
doubts, more or less strong, on the objection that was raised
before us. And if the law had obliged us to come to an immediate
and final decision, without the power of consulting the judges,
which the law does not, we were not prepared, without much further
consideration, nor without hearing the argument on the part of the
Crown concluded, to come to any determination on the point. We
therefore followed the ordinary course pursued on similar
occasions, decided the point against the prisoner by allowing the
trial to proceed, subject to the revision before referred to.

"We beg to inform your lordship, that we think the circumstance
stated and relied on in the memorial; viz., that two of the judges
under the special commission ultimately declared their opinion in
favour of the objection, does in our judgment make no difference
whatever; nor do we think that any inclination in their minds at
the time of the trial ought to affect the question; the law is
taken from the majority of the judges when consulted.

"Under the circumstances above mentioned, we beg leave to represent
to your lordship, that in our opinion there is no ground whatever
to entitle the prisoner, John Frost, to a free pardon.

"N. C. TINDAL. "J. PARKE. "J. WILLIAMS.

"To the Most Noble the Marquess of Normanby, &c."

While these proceedings were going on in London, on the 26th of January, Bradford, in Yorkshire, was made the scene of acts of conspiracy against the government; but as the particulars of this affair appear in the allusion to the trial of the conspirators, which we make hereafter, we shall not here further refer to it.

The trial of those prisoners whose names we have already mentioned as having been parties to the Sheffield conspiracy, came on at the York assizes on the 16th of March, before Mr. Justice Erskine.

The court was at an early hour besieged by parties anxious to obtain admission. In a part of the hall a great number of pikes, knives, daggers, and fire-arms of various kinds, were laid in readiness to be produced at the trial. On the table in the court was a large basket containing pistols, muskets, balls, powder, and shells of various kinds, some of them nine or ten inches in diameter, and bound round with great quantities of pitched twine.

At nine o'clock his lordship entered the court, and was immediately followed by the Attorney-General (Sir John Campbell) who had gone down specially to conduct these prosecutions.

Samuel Holberry, Thomas Booker, William Booker, and James Duffey were put to the bar. Wells, included in the same indictment, had pleaded guilty.

The prisoners were charged with a conspiracy to violate the law, to create insurrection, and to disturb the public peace. The inquiry extended to a very great length, but the most interesting evidence was that of one of the associates of the prisoners, named Samuel Powell Thomson. He said, "I had been in Sheffield about three years in January last. I became a member of the Secret Association the first or second Sunday after the disturbance in Wales, some weeks before Christmas. I belonged to a class held at Valentine Benison's, in the park. I attended meetings from time to time there and at other places. There was a room in Figtree-lane. There were two sorts of meetings, one a public meeting, to which any one was admitted, the other a secret one for those who were made members. I knew Samuel Holberry. I got acquainted with him the latter end of August or the beginning of September. He attended the meetings in Figtree-lane. I saw him on Sunday, the 5th of January; it was at his own house. There were some other men I had seen at the Chartist public meetings. Holberry said he had been to Dewsbury, and he was happy to tell us that the day, and the hour, and the moment were settled when a unanimous rise would take place, but only two people in each town were to know the time. He had pledged his word, he said, that no place of worship should be destroyed, and no provision stores. We then went to the room in Figtree-lane, where there was a party of members belonging to the Secret Association. Holberry repeated what he had previously said, and said the time would be short, but he was not allowed to make it known to any but two. He said he had another journey to go, and would want some money. He had to go round by Nottingham and that district. He mentioned Sutton and Ashfield. We began to make a subscription of 10_s._ or 11_s._ I gave sixpence." The witness having detailed the occurrences at subsequent meetings at which he was present, and at which the quantity of arms in the possession of the conspirators was calculated, went on to say:--"On the Saturday Boardman desired me to come to the Figtree-lane room about three o'clock. I went and found several men there, one of the name of Cooper. Samuel Holberry came; he told us to follow him. We went to a public-house in Lambeth-street. We went into the lodge-room up stairs. We found a person of the name of M'Catterick and others. Holberry spoke; he stated that the first thing to be done was for us all to assemble, and be at the Town-hall and Tontine exactly as the clock struck two, as they were first to be taken. That the classes were to come up to take them. One was to come up first from every class, and then two, and then the whole body. Boardman said he could bring about fifty. I said I could bring fifty. M'Catterick said he could bring about forty. Duffy said he would bring sixty-four. The Irishmen present began to talk about getting arms. It was decided that they should go to the shops where weapons were exposed for sale, and break them open. They were to shut the gates of the Tontine, and barricade them with the coaches. In the Town-hall, one part was to occupy the lower floor and the other the upper. They began to talk about the "cats." It was decided that they should be thrown between the barracks and the Tontine. Holberry said, that he and eight others would go, after the soldiers were called out, and fire the straw chamber. One was to climb the spout and throw a fire-ball into the straw-chamber. They were also to fire the riding-school. The ones and twos who were to come up first were to assassinate all the watchmen they met. We remained in Lambert-street till nearly six o'clock. Holberry said they had agreed as to what was to be done, but they had not agreed provided they were put off. In that case they were to 'Moscow' the town. I was in company with fourteen or sixteen belonging to my class. I took these men to Burke's class, in Mill-lane. They were generally armed. William Wells brought three daggers, and gave them to me; he wished the name to be filed out. We remained at Burke's till two o'clock. Burke dipped some torches in turpentine. A person came down from the council, which had met at Lambert-street, and brought word we were to meet at the top of Watery-lane. We set off thither, about twenty-four of us. We got there near about three o'clock. We then came back to Tobacco-box-walk. We met a few Irishmen of Duffy's class. They said they were seeking Duffy. I accompanied them to Duffy's house. The people were armed with dirks, and weapons of that sort; some with pistols. We then went to Burke's. We did not find him at home. As I was coming from Burke's house to my father's I was stopped by a policeman on the Ladies'-bridge, and taken to the Town-hall. I have seen Booker at these meetings, I think on the Friday."

Cross-examined: I took a promise of secrecy. I remember the terms of it: "Will you do all that lies in your power, even to the loss of your own life, and the shedding of the blood of the tyrants?" That was the first part. The person replies, "Yes." The second part was, "I do most solemnly and sincerely promise, in the sight of Almighty God, and the assembly here present, that I will assassinate any one who shall betray the secrets of this meeting, and bear assassination if I should betray." This was what I said; I revealed these secrets, but not till I was taken as a prisoner. I consider the oath I have taken to-day binding on my conscience. The witness was further cross-examined with a view to show that he was unworthy of belief.

Several other persons were subsequently called, whose testimony was corroborative of the statements which had been made, and the jury having been addressed by the learned counsel for the several prisoners, a verdict of "Guilty" was returned.

On the following day John Clayton, John Marshall, Thomas Penthorpe, and Joseph Bennison, pleaded guilty to an indictment charging them with a seditious conspiracy to procure arms and disturb the public peace in the town of Sheffield, on the 12th of January; and William Martin was convicted of uttering certain seditious words in the room in Figtree-lane.

On the 18th of March the trial of the conspirators in custody for the affair at Bradford took place.

Robert Peddie, William Brooke, Thomas Drake, James Holdsworth, and Paul Holdsworth, were put to the bar charged with a seditious conspiracy to oppose the law.

The most important evidence in this case was also that of an accomplice, named James Harrison; and his testimony showed the implication of all the prisoners in a plot to attack and burn the town. Peddie, who with Marsden had come from Scotland, was to assume the whole command; and it was agreed, that arms should be procured and other means taken to oppose the constabulary and military forces. The statement of the witness as to the arrangement for the attack was as follows:--

"They were to meet at the Green-market, as near two o'clock as possible, but not later. When they got to the Green-market, they were to take possession of the Bazaar and the Piece-hall for ammunition, and the News-room was to be the depôt for the men. Peddie said they would soon set the colliers to work, and make holes through the walls of the News-room, to put the cannon through; and they were to get food and clothes. After they had done with Bradford they were to take the cannon and the baggage-carts with shoes, clothes, and provisions, and go to Dewsbury. 'We shall gain strength,' he said, 'as we go; if we have five hundred in the morning we shall have two thousand at night.' From Dewsbury we were to make our way up to London. I went to the Green-market a little after two o'clock. Peddie was there; George Flynn, Isaac Holloway, and Paul and James Holdsworth. There were near thirty; some had guns, some pistols, some pikes. Peddie had a belt with a pistol and dagger. Peddie asked if I had seen Turner? I said I had not. Peddie said 'I don't know what the man is doing to be so much out of his time. I have had possession of the Green-market near half an hour. We have got two watchmen prisoners,' and he pointed to the shed. I went across the market to look at the watchmen. I saw Brook that night at the New Inn, after I left the market. He was with another man, coming into the town. He returned in about ten minutes. He asked me to take a walk through the town, and see what was going on. On the way to the Court-house we met some foot-soldiers; and at the Court-house the cavalry were coming out of the yard. Brooke said 'It is a plain proof we're deceived, for the magistrates know as much about it as we do ourselves.' We went down towards New-street. We saw some people in the distance. Brooke said, 'I have something about me; if these are constables I shall be taken.' We were stopped, and Brooke was taken into custody. They searched me, and let me go. I saw Paul Holdsworth on the Sunday evening, about nine o'clock, in Nelson-street. I know Smith, an orange-seller. He lives down a passage leading out of Nelson-street. Holdsworth was going there; he had something in his hand like a brush-handle, about six feet long. He was one of the sentries over the watchmen in the shed. James Holdsworth was in the Green-market. He had a spear."

Other evidence was adduced, showing the intention of the Chartists to be to secure the town; and that they had gone fully armed for the purpose of attaining their object. Several of the witnesses admitted that they were parties to the design, and that they were taken into custody; but were subsequently induced to make a statement of the circumstances within their knowledge.

For the defence it was argued that the whole story related, bore the character of fabrication; and that none of the expressions imputed to the prisoners, at all warranted the jury in coming to a conclusion that they were guilty of sedition.

The jury, however, found a verdict of "Guilty." At the conclusion of the assizes, the learned judge passed sentence upon the prisoners who had been convicted:--

Samuel Holberry was sentenced to be imprisoned in the jail of Northallerton for four years, and at the expiration of that period to be bound, himself in 50_l._, and to find two sureties of 10_l._ each, to keep the peace towards her Majesty's subjects. Thomas Booker, to be imprisoned at Northallerton for three years, and to be bound, himself in 30_l._, and to find two sureties of 10_l._ each. William Booker, his son, to be imprisoned two years at Northallerton, and to be bound in his own recognizance in 20_l._, to keep the peace for two years. James Duffy, three years in Beverley jail, and at the expiration of that period to enter into his own recognizance of 20_l._, to keep the peace for three years, and to find two sureties of 10_l._ each. William Wells, one year's imprisonment, and at its expiration to enter into his own recognizance of 20_l._ to keep the peace for one year. John Marshall, Thomas Penthorpe, and Joseph Bennison, otherwise Benson, convicted of riot, were sentenced to two years' imprisonment at Northallerton, and to enter into their own recognizances of 20_l._ to keep the peace for two years. William Martin, for using seditious language was sentenced to twelve months' imprisonment, without hard labour, in the jail at Northallerton.

Robert Peddie, William Brooke, Thomas Drake, and Paul Holdsworth, for conspiracy, with intent to create riot at Bradford, were sentenced--Peddie to be imprisoned in Beverley House of Correction for three years, and to enter into his own recognizances for three years, in the sum of 30_l._, and find two sureties of 10_l._ each. William Brooke, three years' imprisonment in Northallerton House of Correction, and to enter into his own recognizances of 30_l._ to keep the peace. Thomas Drake, to be imprisoned in Beverley jail for eighteen months, and enter into his own recognizances of 30_l._ for three years. Paul Holdsworth, three years in Northallerton House of Correction, and the same recognizances as Brooke.

John Walker, Joseph Naylor, John Riding, Phineas Smithies, Hutton, and Rishworth, convicted of riot at Bradford, were sentenced to imprisonment; Walker, Naylor, Riding, and Rishworth, for two years in Wakefield House of Correction, and to enter into their own recognizances of 30_l._ each, and Hutton and Smithies eighteen months in the same place, recognizances 30_l._

In the course of the assizes many other convictions for sedition, for seditious publications, and other offences of a like character, took place.

At Monmouth, Henry Vincent and William Edwards, persons who were long notorious for their opinions--the former of whom (as we have stated) had already been convicted of an offence of a similar description, were indicted for having conspired with John Frost, to subvert the constituted authorities, and to alter, by force, the constitution of the country.

The trial came on before Mr. Baron Gurney, on the 20th of March; the case for the prosecution being conducted by Mr. Serjeant Talfourd, Mr. Richards, and Mr. Whateley.

Several witnesses were called, whose testimony was adduced with a view to show the nature of the language employed by the prisoners. Vincent was the principal orator; but he was proved to have been supported by Edwards and Frost. The tenor of his speech was condemnatory of the whole course of proceeding of the government, with threats against both Whigs and Tories; and it contained a declaration of the intention of the Chartists to rise on the 6th of May in the year 1839 (the meeting being held on the 1st of January), if the charter was not granted before then, and send the ministers to "look for lodgings at New York."

The jury delivered a verdict of "Guilty;" but in consideration of the long imprisonment which the defendants had already undergone, recommended them to mercy.

They were sentenced, Edwards to fourteen months', and Vincent to twelve months' imprisonment.

At Liverpool, on the 6th of April, R. W. Jackson, R. J. Richardson, William Butterworth, and Bronterre O'Brien, were tried before Mr. Justice Coleridge, on an indictment charging them with sedition.

The meeting at which the sedition was alleged to have been spoken, was held on the 23rd of April, 1839, at Batty's Circus, Manchester, pursuant to a placard which was posted through the streets. The four defendants were there; and their speeches sufficiently indicated their political opinions to be of the most violent description. Various expressions were proved to have been used, by which the adoption of force was recommended, and the jury found the prisoners "Guilty."

In the course of the ensuing three days, several other convictions for sedition took place, at the same assizes, before the same learned judge. Many prisoners, whose cases presented circumstances of a mitigating character, were allowed by the government prosecutors to be discharged upon recognizances to keep the peace; while others, who had been convicted of being parties to riots, which had occurred at Wigan, Bolton, and Ashton, were allowed to plead guilty, with a view to the mitigation of their sentences.

On the 9th of April, Mr. Justice Coleridge passed sentence upon the prisoners.

Richardson and Butterworth, who had long been known as connected with the Chartists and their proceedings, were sentenced to be imprisoned in Lancaster Castle for nine months, and at the expiration of that time, to enter into their own recognizances in 100_l._, with two sureties in 50_l._ each, to keep the peace for three years. Upon Jackson being placed at the bar, his lordship said "that it was a melancholy thing to find a person of his station in society, attending such meetings as those which had been referred to in the evidence. He was a minister of religion, presiding over its services in a chapel where Christians met for sacred worship; and yet he was found at a public meeting, using language which one would have rather expected from the lips of one who had been a follower of the camp, than a member of a sacred profession. He had talked, if a constable came to his house to search for arms, of presenting to him the sharp end of the pike, the muzzle of the gun, and what came out of it. He must, in passing sentence, consider his station, abilities, and power of injuring society." He was ordered to be imprisoned for eighteen months, and to enter into his own recognizance of 500_l._, with two sureties in 250_l._ each, to keep the peace for three years.

Mr. O'Brien was next brought up. He was one of the most popular leaders of the day, and was notorious for the active part which he had taken throughout the whole of the proceedings of the Chartists. Upon his being informed that a sentence of imprisonment would be passed upon him, he implored the court rather to send him out of the country for life, declaring that he had no hope of England in its present state. His sentence was similar in its terms to that of Mr. Jackson.

Mr. Jackson was then sentenced to six months' further imprisonment on a second indictment against him, and the following prisoners received the judgments appended to their names for their participation in the mischievous events which had recently before occurred.

George H. Smith, to be imprisoned in the House of Correction at Preston for eighteen months, and to enter into his own recognizance in 500_l._, with two sureties in 100_l._, to keep the peace for three years. John Kaye, six months; recognizances in 200_l._, with two sureties in 50_l._ Christopher Doyle, nine months; recognizances in 300_l._, two sureties in 100_l._ each. William Barker was sentenced to eighteen months' imprisonment in the House of Correction at Kirkdale, with hard labour. Frederick Davidson, six months, with hard labour. Samuel Scott, eight months' imprisonment; to enter into his own recognizance in 100_l._, with two sureties in 50_l._ each, to keep the peace for three years. Charles Morris, twelve months' imprisonment; recognizances in 100_l._, with two sureties in 20_l._ Daniel Ball, eighteen months' with hard labour; similar recognizances. Peter Murdin, six months' imprisonment with hard labour. William Willoughby, three months' with hard labour.

FEARGUS O'CONNOR, ESQ.

CONVICTED OF THE PUBLICATION OF A SEDITIOUS LIBEL.

The trial of Mr. Feargus O'Connor came on at York, before Mr. Justice Coleridge, on the 17th of March 1840, when the Attorney-general appeared to conduct the prosecution on the part of the crown. The information charged the publication of two seditious libels in a newspaper called the "Northern Star," of which the defendant was proprietor and editor, upon the 13th and 20th of July in the preceding year.