Star. — London, England, 1820-08-07 00:00:00

.b • • „. • . , . ••' 4.M1PT: . ‘ 2 . 0 1. • representation as any other town or coliey in the kinglom. If the real Offence charged by this indictment was committed, then the Jury ought immediately to find a verdict for the defendants, as they would thereby have established a great national advan tage. But the Jury would recollect, that this was a case occur ring every Sessions ; there were many instances where four Members have been returned—it was so at Bishoit Castle the last Election. Surely there was a conspiracy to return two of those Members, and yet the House of Commons had pot pu nished the parties interested. lie continued to contend, that the glances which were made at the House of Commons, were only against the corrupt part of, it. The Reformers wished for a House of Commons—they wished for a Representation; and their only crime was, .that their sentiments on that bead differed from their masters. He did not know what produced the lan guage of the Resolutions of the Birmingham Meeting ; but every one knew that Petitions had been repeatedly presented fo the House of Commons, which, were passed over as matters of course. Under these circumstinces, and with the frequent dis appointments before their eyes, they hit upon the expedient of sending a Gentleman up to ' L andon, who was to write a letter to the Speaker of the House of Commons, and it was expected he would receive •an answer. to such an application. If any offence was committed, it was against the House of Com mons, not against the taw, and he doubted very much the adequacy of this Court to take cognizance of -it. It was ridi culous to assert that they meant to return Sir Charles Wolseley as a Member of Parliament; if they did, why not call hint so? Ile was merely a delegate chosen by them to do a certain net, but what was there illegal in that? It was clear that such dela. gation was not unprecedented; for the delegates in 179 e were not sent by a particular body, but represented the whole body of the Reformers. Legislatorial Attorney did not mean Mem ber of l'arliament—at least, Members were never called by that name. Then as to the objects of the Meeting. The defendants were charged with an intention of overturning the Constitution as by late established. He wished to call the attention of the -Jury to this phrase of er , este established; for it was one of these guards which the Gentlemen of the Robe were in the habit of throwing rourd them, and which too grew up lately; for •the use of those words was never known before the State Trials in' 1792. Now, from all the evidence produced, he did not see the least tittle which went to establish the assertion of any such in tention on the part of the defendants; indeed, the charge was equ illy consistent with the Learned Serjeant's introducing, In his apcning speech, the existence of other Meetings, which had no mere .to do with this cue than with any criminal ease that mieht occur in the other Court. • How far, he asked, could giving a Representative to Birmingham he against the Constitution as by law established?--or what misetief could result from it? The Learned Serjeant had taken consi derable pains to paint to the Jury the odious light in which conspiracy had ever been looked upon by the law. —The Learned Serjeant had said, that even where the purpose was a good one, the law viewed It with a jealous eye. Now the reason of this, he was quite unable to denne. A conspiracy, if taken in the meaning of the word in the English language, meant an agreement to do . something. Certainly, if the object was a bad one, then an odium attached to the combination, but it-was an absurdity to say that an agreement to do anything in the ab stract must in itself be criminal. It was asserting that an act done by one marl, might possibly be meritorious, and next, that the same thing done in concert with two or three others would be criminal. But it raised a prejudice against the defendants, and was therefore used on the present occasion. He next com plained that the Learned Serjeant had gone out of his way, in mentioning other Meetings which had no connection with this, and in presuming that the real objects of this Meeting were dif ferent from the :meowed ones. What right bad he to assume any concert with the other Meetings. The Meeting at Birmingham was not concerted in private; it was announced some time be fore, and notice given of it to the Clerk of the l'eace, though the Act which required such notice bad expired. The Requisition was signed by the competent number of householders, and by the way there were only two of the defendants amongst them.— Three others attended the Meeting. Major Cartwright arrived at Birmingham on Saturday, certainly too late for the conspi racy. It would have been impossible that the Resolutions and the Petition coule be drawn up in the short interval between his arrival and the time when the conspirators proceeded to the ground. There was a great deal to be done, and it was not na tural to expect much exertion from a person at the Major's ad vanced age. Had pen, ink, and paper been ready for him when he arrived, and had he set to work at the int:ant, all could hardly have been rerfected. To say, therefore, that all that was done at the Meeting had been concerted at Major Cartwright's lodgings was ridiculous. Wb:t was the fact? Did they meet in private—were they closeted together ear any length of time ? Nn on the contrary; they casually dropped in, and the house was open to any friend of the Major's who might call upon him; but then there were flags, and these are designated en signs of rebellion: the flags carried for the puppet-skew of Punch and Judy were not so termed. But he understood the inscriptions were considered inflammatory; be reminded the Jury of the nature of them, and asserted that they had not the least semblance of sedition or even imeropriety of expression.— One of there, " The .eevereignty of the People," was a toast universally given at the Fox anniversary, even before the health of "the King," and generally adopted at ether meetings of a A bnilar nature. Ile would not have taken up the time of the Jury with these trifling remarks, but they were brought in con demnation against him, and it was necessary for him to refute therm Another inscription related to himself. It was fulsome for him to speak of himself; but be would merely remind the Court, that for three years he had not been selected as a proper object of prosecution, and therefore it was a fair laferetwe that he was not a libeller—that he was not addicted to anything of the kind ; and as soon as he was foond guilty of a private slan der, he hoped be should be properly and severely punished, and that all the weak powers he then possessed might from that moment cease to have effect. Mr. Woofer then went to the ge neral points that occurred at the Meeting, as spoken to by the different witnesses, in opposition to whose testimony he read copies of various letters from Mr. Spooner, a Magistrate at Bir -1 mingham, to Lord Sidmouth, skewing the peaceable nature of 1 the Meeting and the town, from the time of the appearance of the advertisement calling it until it was actually held, as also of .the tcnour of the speeches made at it ; after which, he pro ceeded to read, serizaea, the Resolutions, which have been already given,commenting on them as he went along, and justifying their tendency and effect, as the fair and legal echo of public opinion. As to the question of Reform, when it was greatly agitated dur ing the administration of Lord North, the answer to the nume rous complaints then made was, that there was no appearance of Petitions from the manufacturing towns, and therefore a doubt existed as to the general wish for it. The contrary was now the case : the manufacturing towns so sending Petitions were considered turbulent and seditious, and the promoters of these Petitions were branded with the epithets of demagogues or itinerant orators. He had only a few observations to snake. He considered this as an attack on the principles which guided his public conduct, and not an attack en the particular acts to which they allege to refer. lie felt confident, that the Jury would do justice to the case in a fair and honourable manner. He reminded them, that they were his ,Judges, not his Lordship on the Bench. He was but the expounder, pot the administrator of the law. lie explained his reasohs for putting questions to teem when they were about to be sworn—they should attribute it to the anxiety he felt to learn that in political feeling they were indifferent. Ile entreated them to dismiss from their minds all consideration of that—to forget political distinction— to judge him by his intentions only—to consult their oaths to administer justice impartially between both parties; and he ended his able appeal, which lasted three hours and a half, by saying he left his case in their hands. Major Cartwright applied to his Lordship for leave to put in a written defence. • TRIAL OF. MAJOR CARTWRIGHT, MR. WOOLER, AND OTHER& •- WARWICK ASSIZES, AUGUST 4. SECOND DAY. The public interest, Which was expressed so strongly yesterday at the opening of this case, seemed not to have abated as the case advanced. Long before the Learned Judge came down this morning, every place in the Court was occupied." _ _ The CHIEF BARON did not come into Court until tin o'clock, pursuant to the adjournment of last night. The defendants did not come in for a considerable time after. The names of the Jnry being then called over, his Lord ship called upon Mr. Woe.?.r for his defence. Mr. Wootrn commenced by bespeaking the in dulgence of the Jury. He then took occasion to guard himself by anticipation from an expression of surprise which be expected from them, when they would hear him assert, that, notwith standing the length of time and labour of detail which was al ready devoted to this cause, its real merits were still unexposed, and its bearings by no means placed in a proper point of view.— He looked in vain to the able address of the Learned Serjeant for any exposition of principle, but he clung to the idea thrown out by the Counsel fcr Major Cartwright, that this was no longer a question affecting one individual or another, but it was a ques tion of, whether or not, men were to be punished for holding Certain opinions, or rather for holding any opinions at aU? With that view of the case then did he identife himself, and to that issue he would direct his defence. It had been thrown out by the Learned Serjeant, but by way of concession, that men, with :Nut incurring the censure of the laws, might held any, whatever opinions, provided these opinions were harmless, that is not ab solutely dangerous. Now, with great deference to the bunt of so learned a Serjeant, h e was inclined to think the lirence of holding opinions; which that Learned Gentleman contended did exist only by sufferance, was founded on a much higher basis.— It was one thing to hold opinions, another to make use of them a' engines to work a certain purpose with upon the minds of others. No man was less addicted to proselytizing than he, and he would go as far as any Learned Serjeant in admitting, that if he was entitled to claim a liberty of holding one opinion, the same indulgence should be extended to others who might nossiby' differ from him. The Learned Serjeant had, how.. ever, with that share of Ingenuity which belonged to his profession, avoided the question of principles, and stuck to overt acts. — Now that these acts were but an exemplification of principles, there could be no doubt; and then two questions arose—first, whether the principles were dangerous? and, secondly, whether, assuming them to be dangerous, they ought to be visited with punishment through the sides of the present defendants?—if they Were dangerous, at least they were not novel; thousands had before professed them ; they had been acted upSn for a long time; and the cry for Reform had resounded from one end of the country to the other, long before the parties now in Court had heard of it, or were in any way connected with it. But it was, then, either dangerous or It was not. If dangerous, why suffer it to keep its mash unchecked until up to a very late pe riod? or why now call upon individuals to anewr for profess ing opinions which by long sufferance, taking the worst pre sumption, had acquired a sanction. But it had been too long the practice of Government to put down by force opinions winch they could neither refute nor understand. From this two consequeuces followed—individual persecution, and the failure of the effects widen the reasoning founded upon these opinions was likely to produce. The Learned Serjeant had condemned the numerous Meetings which had been held in various parts of the ceurtry, on the subject of Reform; but it appeared to him, that if these Meetings were criminal, those who had so long con nived at their continuance were parties to the guilt. If one Meeting was held, and suffered to pass by unnoticed by the Law Officers, and not discoureenanced by the law, how could persons attending a subsequent Meeting he gild to be there with crimi nal intentions?—There was so law dgaiast such Meetings, and it was a =mien, that what was not prohibited was allowed by the law. Meetings for Reform were not of recent date; they bad often been held, and for a considerable time; but if they were criminal, what was become of the activity of the guardians of the peace? Surely, they were the hest judges of the propriety of such Meetings, and they ought to hare suppressed them. If, then, the proper Authorities did not interfere with the existence of such Meetings, they were privy to their criminality, if, in deed, it were so, and ought not to eterap, a; it were, individuals in-n the compel:skin of acts, of which :hey afterwards took ad vantage. lie Ives confident, if the ille g ality of such Alt minge was declered in time, the people would abstain from attending them. In proof of this, he instanced the Notice which had been given of a I. l eeting for the 9t7t of Augnst at Manchester, but which was immediately 4bancloti , -1 by the people when the Ma gistrates preen - dined It illegal, in the Itein. ' ht of the disa ff ection which their enemies declared prevailed there. Ile asserted, therefore, tint it wen the duty of those who understood the laws, first to procleirn the impropriety of such Meetings. it was a maxim in our trw, that what was to bind all should be generally intelligible; and surely, if airy ambiguities existed sa to the effect or these laws, the burie of the neonle were not the per sons most fi'ft'y to be able to solve them. Rut he chaUeneed the Learned Gentleman opposite to produce any Statute that by the meet nice coustructien or interpretatioa could ieetnee the great body of Fre:nehmen to imeeiae that Cow Meetings wete illegal. ft was not enough, as he contended, that v. hen Petitions for Ileform were presented to the House of Commons, a Member on the nittisterial side should in his place condemn the language ..); these Petitions, whilst a Member en the o:her side would nosy that the language was, so objectionable. This was not enough; the language of prohibition should be more specific. It was not treating the Peenle fairly ; for the House of Come mons should not be receiving Petitioln for Reform, and turn rou nd upon the framers of them, ant treat them as dean,. gogues. With regard to the right of the People to meet gene rally and discuss their grievences, as the Learned Serjeant set our by disclaiming all intention of agitating that question, he Mr. Woofer) would not go into it. Nothing, however, could convince him that he had Lot a right of holding what opinions he pleased, but he would allow the same indulgence to others, and never.nsurne the right of dictating to any man. With these ,few remarks he should proceed to the coasideration of the pude cuiar case ',dere hits: the first notice that he- or any one else had received of the illegality of such Aleetiugs as *lose corn peened of, was the Proclamation of the king, published about twelve mouths rgo. Ile then went into the history of the case, which he detaned with eoteideraine ability, and commented in strong terms on t!.a unbeeeming and unfair manner in which the cese had, front its commencement, been so unblushingly persesered in by the prosecutnrs. Ile alluded to the shameful rammer in which the Special .Ilry were sir tick, and th e gro s s p a r-' L tielity shewn by the Master of the Crown-office, when he attended before him fur the purpose of reducing the Jury. A more black care of nuleadministration of justice, ever he the most prostitut e d country, had never occurred. The omissinn of Mr. Perch's name on the Jury, he contended, was also a part of the same system. This citcumstance ought to have vitiated the whole panne!, which was partly admitted by the Learned Judge, though his Lordship, ar the same time, declared chat this was not the place I for acting upon it. He lamented such an opinion should be ins en L-y ids Lordship, as it furnished a handle to those who made it their system to murmur at the mode of administering justice in . thin country. There were also other objections before the Jury, ‘N hiCh shelved how partial and unjust towards the de fendants tide whole proceeding had been, but they would only serve to shew, that with en;- means the prosecutors were deter mined to proceed to trial. How far that might be just in law he knew not; but the Learned Judge must be aware that it The DiRD Craze BARON acceded to the request, observing, that, at a late period on the preceding night, the address of Ma jor Cartwright was offered to the attention of the Court in a manner that was clearly irregular. He had then rejected it ; but, taking into consideration the great age of the party, and eariout other circumstances, he would now suffer it to be read. Mr. C. PrARSON then began to read the Major's defence, In the commencement of which the Major took three objections to the form of the indictment. They all depended upon the want of co tainty in it, which prevented him, as he said, from pleading to it. He was charged to have wished to excite discontent against the Government and Constitution, as by law established. lie chewed that none of our great lawyers had been able to give any satisfactory definition of the word '• Constitution" from the time of Sir E. Coke down to that of Sir %V. Jones, or to state in what it differed from Government. Then he argued, that a Constitution established by law was a contradiction in terms; and went through the indictment' to shew the inconsistency o f the several parts of it with each other. He then entered into a long argument upon the necessity of Parliamentary Reform, de tailed the services which he had rendered to that cause, and enq. met aced the different ribikatineis which he lad glees. Wilt. afforded a strong reason for conderanii,g that system which ad mitted that error in one iliac: cleld not be corrected in another. He had been charged with an intemion to e!cgrade the House of Cornp:ons ; he would refer the Jary to eery article which he had written on various subjects, and !'e wu;ild defy the Learned Serjeant to prove in any one of theirs the remotest aim at anything of the sort. If then he had not dente so in that char:icier in which ho had the opportunity of diffusing his sent'- . nitrts, it sawed be too much to say, that by any particular act or on arsep trricular occasion lie had evinced that desire. Such on attack came very badly from the Learned &dept.— Mis he n: t, by •*tis very act which was complained of beg , ,itig the lloese in recur to its privder.?, and upon them to act? —They ni.at!y asked for the re , t oration of the House of Cont i mons in Cie plititv it formerly held, mid that alone. It surely would not be said, that no abuso existed in that House ; and w..s .s Petition for the reniedyieg of those abuses to be considowl a crime, and punished as such ? Then, as to the rigiu of Repre sentation, the people of Birmingham had as inherent a right to ¼ . - . • .. • \ worn, upon in ' . thew that he was not a malicious and andl addressed the Jury, he would endeavour to do so new, tbetee itiouspaa sheet narnoe oi his ow en he chargedtobe n Lu n the pa indietmenn tkid life ; in il,. he ma he would not promise to do that, as he had been called upon re ered int o do, in three words. Here the Learned Gentleman &teethed course of which he eared to the Court letters front the late the charges against the defendants in the inffimmeet. He had Duke of Richmond, the Duke of Bedford, MO, Mara, Lord been represented u acting most improperly in the way In which Mesdereagh, the Honourable R. Ryder, C. Yorke, and many binned conducted this prosecution. Feeling that he mad other eminent political characters, in all of which he was recce- before them as the representettive of the Government, and abed by the writers as an honest man and a loyal - subset. The that, as such, he was Mead to pay the strictest attenticr, document contained nutty voluminous extracts from our best net only to. morals. bet to the interests of the people, e, constitutional writers, and detailed - the reasons why the Major felt that he should disgrace for ever the robe which be kid had drawn up his Bill of Rights and Liberties, and also hit MI the honour el wearing, if he did net conduct hinaelf in such fee a free and sure defence of the country. It stated that be a manner as would do full justice to all the pastinecisocerned: was not a participant in, but only a spec:store. the election of All that be bad said at the opening of hn speech was. that, after Sir C. Woiseley as Legislatorial Attorney for Birmingham It the time mast in waging war with all the Authorities in the kingdom, he was-very glad that the time had at lergth arriv e d also contained his declaration that it was not himself. and his brother defendants, who had excited discontent and disaffection fur the decision of. ibis important question. He would not ren tit - nerds the C.emmoms House of Pediment. but 193 giants of tract a limit syllable of what he had then said t be did net min,; eurraption, who return a majority of Members to the Honour.. the sneers or the frowtimef those who were oppo*d to him ; fur, able House. Most of the papers to which it referred have been in spite of them, he would conduct himself so as to convince already before the Peblioe-some of them are very voluminous. both his Leedship and the Jury, that he did not staid in that The Learned Judge made several objections to the reading of Court to pay idle compliments to any man. or to trifle aniay the them, but as regularly withdrew them on the applicition of interests which the Government had intrusted to his charge,_ Mr. Pearson, simply remarking to the Jury. that if they chose They had heard a long argumene, of two hours' duration, about to hear them read, be had no objections to it—they were. how. the manner in which Special Juries were struck and peekLd : b e ever, totally irrelevant to the lune they had to try. - trusted that they would dismiss that objection froth Their mi n d, As soon as the Major's defence was concluded, which took altogether, acd not allow it to act prejudicially against those Mr. Pearson four hours and a half to read, ' who had made it. Indeed, he was certain that they would dir. l'ifr.,Ler.:s rose. After the very able and eloquent addresses miss it, as they were Gentlemen too well educated to b e which the Jury had heard, it was with particular diffidence chit biassed by anything which did not appear upon the record ; he ventured to urge a few words in hirown behalf. He ear he meld, h owever. tell them. for their satisfaction. th at t h ere jured them, if they had read a lying paragraph in one of the was no ground rot objection io their appoiimunt as Ja r .," Newspapers, Charging him with having called upon the people That Jury had been struck according to law, and, till the law at a Public Meeting to are against a set of Boroughmongering of the lard was altered, it could not be struck otherwise.— trent% to dismiss that falsehood entirely from their considers- If thay were in that bon improperly summoned, the defendants Ma. They had nothing to do with anything, true or false, ex- wouhi have the benefit of that irregularity, and no punishment., cent what had appeared before them in erideuce. On the nature would follow their conviction., if a conviction should be obtain e e of that evidence it was unnecessary for angbody to say much; against them. lie scarcely knew to tvhieh of the speeches made if it had been ten thousand times streamer than It was, it would 'in this trial he ought to amity himself font; but as Mr. Rook: ' have been insufaient to support the charges ID the indictment; had spoken that moraing, and as what he had laid w.e then fcr it was morally impossible to prove them ley any evidence, Meth in his memory, he thought it best to apply Mar elf to the howeiter respectable. He would now eh the Jurors to look refutation of Mr. Woolens arguments first of all. That Gem ' for a few moments at the indictment ; they would there find tieman had said, that at the time when this 11:eting was holden ' that he and the other defendants were charged with being mali- at Dirmingharn. Government had no law to put it down or to dons, wicked, and seditious persons. He might be told that interrupt its proceedings ; and he had challenged Mm nate. Ser. these were.only words of course, having no definite meaning, and nem Vaughan) to thew on what part, either of the Statute er merely negated because custom tequired it. If custom did require the Common Law, the indictment against him rested. lie h,.d " the insertion of them, it was a bad custom, and would be " more never said, neither would he now say, that that indictment WAS , honoured in the breach than in the observance." But he believed founded upon any Statute Law ; but he would boldly maintain, that custom did not require it, and that the words were insert:el that it was founded upon the Common Law of the land. What ! for the purpose of creating a prejudice against the defendants.— was It not a crime to excite discontent and disaffection to the 0 For, said Mr. Lewis. innow are you, Gentlemen. to know Constitution under which a man lived ? But it was averted that we are malicious, wicked, and seditious persons? Is it by 'what there was no count in the indictment which recited ate. one looks? Look then at me, Gentlemen ;do I look like a ma- thing done contrary to law. Ile was well aware that that point Below, witted. end seditious person? If, after you have done depended upon another, viz. whether the facts, which be led so, you are not satisfied of my innocence, look at the figure of that stated to them as criminal in his opening speech, had been aged and venerable man near me, whose whole life has been made out in evidence. If these facts were made out as he consumed in actions of charity, and who is willing to expend had stated them, be had not the slightest hesitation in saying, eyelids last breath in the service of his country." Mr. Lewis that an offence had been committed which, in the opinion of then proceeded to state that the indictment also called them men many himey tespectable persons, amounted to treason itself, of wicked dispositions ; but it was impossible for any man to and Which, in his own opinion, differed but very little nem I. know that they were men of a wicked disposition except the Am Mr. Wouler had said, that the present trial was a trial not cf morn , Rm.= of the Universe, the searcher of every heart. It individuals, but of principles. That he (Mr. Serjeare Vaughan) was next unmet that they wished to excite discontent and tits- most strenuously denied. It was not the trial of the cause of affection against the government and Constitution, as established Reform, but of the individuals who bad determined t o c h oose -by law. A Constitution established by law ! What was meant a Member of Parliament for Birmingham, without batting ie. by such an abuse of terms? Established meant fixed ; but caved the King's writ, authorising them to do se. : Wailer was our Constitution fixed and unchangeable, or was not an held, tiara man had a right to hold opinions--ev n crimin a l alteration made in it every time that the 'loyal assent was given opinions. Ile would not attempt to deny the righ n d ou S t . Z i to a Bill, or, as was sometimes done, to forty Bills in one hour? ray every man bad it. Mr. Wader said, too, that a man had But it was further argued, that they wished to excite discontent aim a tight to promulgate them. He (Mr. Serjeant Vaughan) and disaffection to this ever-changing, yet fixed and established would nut even deny that position; but he would add to it Constitution, because they had expressed their disapprobation of another, that if he did so promulgate them, he must consider existing abuses. Ti that were just argument, the liberty of dn. that he Is liable to all the responsibilities which the'law may at. cession was at an end, and the liberty of the Press nothing else tach to him. Mr. Wooler had, however, maintained, that the than an idle aed ridiculous dream ; for how could either of them utmost liberty of discussion ought so be allowed, and had de• exist whet; a man was only allowed to speak or act in such a fended his proposition by reference' to an old Latin ad.sge— manner as wotid suit the pleasure of the minions of power ? " Seethe your Pais. 4 tut unties, dices, Ile t." We certainly This was an indictment for a conspiracy to produce discontent : bad a right ea_ to think, and so to express ourselves—but it but it was more than a simple conspiracy, according to the ac. must be under the limitations and responsibilities which be count of the I.earned Serjeant :it was a secret conspiracy, and had before mettioned. The proposition was true in the ab. the conspirators were closeted up together • though it -was street, but It did not hold what applied to circumstances of proved in evidence that they were not cl ose t e d up ; that every time, Flue, and government. " Then," said Mr. Wexler, body was admitted who called; that the landlord had free ac- " if this be true decuine which you profess, it is necessary cess to the room, and had even once come into ft himself.— for every individual to take out a licence to hold an opinion, if There was, however, a ecespiracy, and there were conspirators he is inclined to wear it in oppellibui to the powers than be. the parties to this trial ; but the defendants were not lie would reply to that position by saying, that no such licence the parties conspiring—they were the parties conspired against. was necessary ; in England' any opinion might be broached that Mr. Lewis then proceeded to argue, that the counts In the in- was not dangerous to the safety of the State: Mr. Weiner Ind dictelent were not, ncr could they be proved. The Jury might, then changed his gtouud, and had asked, would any Adminissra indeed, End them guilty of a conspiracy to excite discontent don dare to say that it had tolerated the existence Li illegal against the Oceerammit ; but be had before shewn, that it was Meetings ? He Would reply to that question, by asking another impossible for them to fi nd them g uilty o f bei ng wicked and .--what would Mr. Wooler have said if Government Ind amid malicious persons, or men of a wicked and seditious disposition. paced the mischief and bad put down such Meetings, not aeon- They were, however, charged as such in every count; and as a ing whether they were legal or illegal, without the consent of Jury could not find a defendant guilty on one, and innocent Parliament? He must now allude to what his Learned Friend on another point of a count, Without vitiating their verdict, he Mr. Denman, had said regarding this pros e cution. He had sail looked forward to a verdict of acquittal being given in his fa- that Government had behaved most unjustifiably in it; and bad your. Besides, if they had any doubt as to the verdict which I evinced a disposition to obtain a conviction at all hazards. This they ought to return, that doubt ought to operate in favour of was incorrect: Government had not wished for nth a conic- the accused; :nd they, he war sure, would give him the benefit don, neither had it Hied its strongest w ea pon s o f attac k. Hid of it. Add to this, that a defend ant ought not to be found an ee-olleis information been filed in this ease by his Majesty's I guilty by a majority, but by the whole of the jurors ; and, then - Attorney-General? No. -Orders came down to Mr. Spurrier... a m fore, if therewas any one•engst them who was for acquitting from 'diem Mr. Woolenhad extracted that he was the ager tof the defendants, he trusted that be would stand firm, and would the Treasury—to institute the present as a Mover: meet prusecu not waver from his opinion in deference to the eleven other tion ; and in these times of difficulty, disaffection, and distress, Gentlemen who differed from him. Mr. Lewis thee proceeded 11r. Spurrier would not have done his duty, in the situation which to defend the electioa of a Legislatorial Attorney ; but asserted he filled, had he not suggested to Government that a prosecution that, whether it was defensible or indefensible; he had had no ought to be instituted. An attack had been then made upon the share in the election • his own speech, which ha d been put in as nature of Government prosecutions in general ; and the Attorney evidence against him, proved that circumstance incontroverti- I General, who had boasted that he had gained a verdict in every bly : he had therein refused to concur in the election, on the , prosecution which he had instituted, was held up to their view ground that he was not an inh a bit an t o f Bi rm i ng h am , an d that : as a cunning man, who took very good care never to bring a he had therefore no right to interfere. His guilt, in the eyes of ! prosecution except where he could be certain of a convenient J my. his prosecutors, was, if they would speak out manfully, that he ; Ile did not stand there to defend the conduct of the. Attorney. had praised the Bill of Rights and Liberties. They might not , General, which, indeed, stood in no need of defence. The boast be exactly acquainted with the contents of that Bill, and he ; which he (the Attorney-General) had mule was a very proud would, therefore, in compliance with the wishee of it s venera bl e : o n e ; an d t h e re p et i t i on o f i t , h e (Serj. Ynnihan) fcr in t should author, present each of them with a copy of it, in order that have considered .s just complement to his character, had be they might not labour under a mistake rega rdin g it. no t o b serve d t h e sneer w i t h which it was delivered. The' Learned Here Mr. Lewis sprung upon the table of the Court, and was Serjeant then proceeded to observe, that Mr. Woolen, after in proceeding towards the Jury-box with 12 copies in his hand.wben .. dulging himself in several ohm tirades against the uniting sym The Lone Cuter 16 SON interrupted him, telling him that he 1 tents. bad said—" I do not attack the integrity of the House cf could not give the Jury the copies which he held in his hand at : Commons, but Its impurity." That was artlieente4—indeed, that moment. Ile must go on with his sp ee ch. !he would rather call it a quibble. I t bad been that the ' Mr. Lewis continued—As 4 was not allowed to present each ! election went no further than to elect a postman toeen &MIN orthem with a copy; he would read part of it in his speech, and : to the Speaker of the House of Commons; but the anlogiffieill •to she that the author of it was not a disturber of peace and ° adopted by the Meeting did not b e ar out that assertion. For,' pod order, he would read the prayer which Major Cartwright what was this Legislatorial Attorney to do ? Not the duty of a recommended to the Mentors. Immediately before they proceeded • postman, but anything and ever/thing which it was mcumbent to an Election. After reading it, he said, that from a wish not upon a full Member of Parliarnent—if he might be Mier/red the to intrude upon their time, be would forego the reading of se. expression—to perform in the discharge of his duty. • The venal passages from Oldfield's Ifistory of the Representation, which Learned Serjeant then proceeded to commee t upon the die:rent be had once intended to have read, as a contrast to the passage remarks which had been made in the course of the trial Epos which he had just cited. Ile then confessed, that against the the word " Conspiracy;" and upon that subject he said that existing abuses in the ntation he always had endeavored he bad himself been represented t o have uttered that which, to excite discontent trdi s :approbation, end he always would from its extreme absurdity, he never did nor could utter. endeavOur to excite it, until they were abated, if a head was left It had been affirmed that be bad talked of a legal Com him to think. hands to write; and a tongue to utter. Should spiraey. He had done no such thing. But let them they, by their verdict, pronounce bins to be guilty—which be not confound any ' distinction which he had drawn upon did not expect that they would—the country would neverthe- 1 , this subject. There might be cases of conspiracy, where the less call, and history hereafter pronounce, him to be i nnoc ent. I object was legal, and the manner illegal; but here both were Should they, however, be wo u ld re p eat i t , fi n d bi ns gu il ty; t h e i contrary to law. If be was wrong in this point, the Learned punishment which ',rid be inflicted upon him would nuke no : Judge would correct Min, and put him right; and though they difference in his opinions: so far from making him change them, had been said that it was their previece to determine ever ytbing, they would only make him double and treble his exertions he trusted that they would content theinseeves with deciding against misrule, and give him more time to study how to amend on the facts, without meddling with the law of the case. The it. He thea concluded a long speech, by saying, that whether 1 education, habits, and studies of th e Learned Judge who thee 1 the remainder of his life was to be spent in a d ungeon , tw i n f ree , sat upon tke bench, rendered him more fit than they were to possession of liberty, he was determined, whether good or ill ' decide upon the law, and he therefore hoped that, in spite of betided him, to persevere, through evil report and through good! way anemia to neat the Judges i n t h e i r own C ourt , c h ef report. in being alirm adyneate of the cause of Parliamentary would etinfnie VP within their own p rov i nce , an d not Reform-..acause as noble as tem. martyr suffered ter consecrate, . trench upon itis . . th M i was well' aware that such exhortations to rice ir i r. : swans shadb' employedl en i 1 a d e t o undermine b yekep rea e n . t the c i s nd 4 C o f e c o n n d s t ir e s t i l u t t s ' t o u i u t 7 i I re i y b u t " wa : l l d eg or enF hero died to vindicate: 1 net nation's right to speak a nation's voice, . " A ration's right to make a nation's thence!" w arned them, that if Judges and Juries should tail to protect Mr. Serjeant Veuenew replied.:—He must acknowledge , that themselves against them, the country would soon have reason to able u had been the speeches of his Learned Friends, an full • speth of the Constitution, not inahe present, but an the past tense. of talent, as bad been the address of •Mr. Wexner, it appeared The defendants said, that all then did. and all enat was imputed to hint that day had employed all their dexterity, not in grep. to them as a crime , was done peaceably and nanny; item was piing with the strong pants of their opponents, burin drew Ing no merit in that, t:hutigh it was fortunate for them Met it had with what ingenuity they could evade thea. lie was not sum been done so. - If it had been done tnecibly and violently, they prized that the defendants who appeared for themselves, and would have levied mar upon the King who were, in all piobabilitn, unlearned men, *mid urge, that leave been guilty of High Tresaom Indeed, as it Attu, he knew front the compknity of the indictment' they were not aware of $ 1, that many thought that " thin p ar titi ons d i d t h e b oun d s di v in e " the nature of the -charge preferred against them ; but he was iof their crime and that of Higit 'Armlet'. Ty say that the Sill miry sorry to he m a r. r Hhisill-,learrepneedet the obser v ation, rv M a r tion . De , nman and sal ' an 4 d at bis it atdßirgehmtsonpstraveteto t w he as P t e:p sa le y t t he hat ti w gh m t c o h f. nowid meetin y g couid to pi:ldea lly, young friend, contained much unnecessary, irrelevant, and nnint basif he . had mot made the therm that- though, whilst talking of the Bin of Rights, it was curious to be lest Observe the blonder kite which Ws Lispe d Friend (Mr. Dem .. _ . , . - • . •., i entetent e hes e redd h ihd l 'e h enineentedre a heenh a * . erasigh, 1- •'.e• ,- • . • . , „ . . • . .. .. • . . • • • • . •., .. . „ an n..", -de - - mem : • :.,. ie. . • e Yes , Oa • ' .-. '+e v l ll ` e ( ' • ` - '' - -- • ' ,_. de - p dtedeee as any other town orcovesey in the kingdom. If world upon in to thew that he was not I mallicbats Indeildi addressed the Jerry, he would endeavour to do so now, theme • TRIAL OF. MAJOR CARTWRIGHT, MR. the real Offence charged by this Indic:Moot was committed,then' tious Female_ the Jury ought intneoliately to find a verdict for the xi be Mao charged to be in the indictment. he ea" he would not promise to do that, as he had ben called upon se t defendants, tered into a sheet narrative of his own long political life; in ill. do, in three words. Here the Learned Gentleman dmeribed 4 , WOOLER, AND OTHERS. • as they would thereby have established a great national a wed course of which he eared to the Conn letters frogsthe late the charges against the defendants in the infficterteet. He had e . rage. But the Jury would recollect, that this was a case occur- Duke of Richmond, the Dale of Bedford, Eajl , , Mello, Lord been re as presented acting most improperly in the way In which WARWICK ASSIZES, AUGUST 4. ring every Sessions; there were many instances where four gstlereagh, the Honourable R. Ryder, C. Yorke, and many he lead °Deducted this prosecution. Feeling that he stood characters, in an of width he was rocoge before them as the . ve of the Govertintent, and • Members have been returned—it was so at, Bisho p 'tCastl e the other eminent political SECOND DAY.roan and a loyal subject. The that, as such, he was bon to pay the strictest atmaticr, • last Election. Surely there was a conspiracy to return two of Mud b y the writers as an honest The public interest, Which was expressed so strongly those Members, and yet the House of Commons had not pug document consigned usury voluminous emeacts from our . not only Mae , bet to th e Interests of the people, Le constitational writer.. and detailed - the reasons why the Major felt that he should disgrace for ever the robe which be kid reterday at the opening of this case, seemed not to nished the parties interested. Ile continued to contend, that the . . • had drawn up his Bill of Rights and Liberties, and also hit MI the honour 9f wearing, if he did new conduct Manta in such d ' • have abated as the case advanced. Long before the glance, we re made at the House of Commons, were only which against the corrupt part of . f or a free and sure defence of the country. It stated that he a manner as would do full Ostler to all the pastieweincerneda • • ' Learned Judge came down this morning, every place H ouse of Commons—t h ey wished it. ,The Reformers wished for a ished for a Representation; and *as not a participant in, but only a spectator of, the election of All that be bad said at the opening of hk speech was. that, after es -!. in the Court was occupied.' - their only crime was e that their sentiments on that bead differed Sir C. Wolseley as Legislatorial Attorney for Bruin hash t and h It the time sport in waging war with all the Authorities in t b e The CiliEF BARON did not come into Court until from their masters. Hs did not know what produced the lan- also contained his declaration that it was not himself, is kingdom, he waevery glad that the time had - at lergth arrived ion. Ile would not re brother defendants, who had excited discontent and disaffection for the decision of dale important quest _ ~ . 1 e r a - • gunge of the Resolutions of the Birmingham Meeting ; but teem , trnt o melee, pursuant to the adjournment o. l as t night. one knew that Petitions had beet repeatedly presented fo the towards the Oiminal3s House of Parliament. but 193 giants of tract a limit syllable of what be had then said :be did nee mi n d -. , The defendants did not come in for a considerable house of Commons, which, were missed over as matters of 'correlation, who return a majority of Members to the Honour , . the sneers or the frowinrof those who were opposed to him; fur, .4 time after. course. Under these cireumstinces, and with the frequent dis- able House. Most of the papers to which it referred have been in spite of them, he would conduct himself so as to convinc e aS , • ' The names of the Jury being then called .over, his appointments before their eyes, they hit upon the expedient of already before the Peblioe-some of them are very voluminous. both his Lordship and tit; Jury, that he did not steed in that ~ sending a Gentleman up to *London, who was to write a letter The Learned Judge made -several objections to the reading of Court to pay idle complianteats to any mesa, or to trifle wisp the Lordship called upon Mr. Woc.?.r for his defence. them, but as regulady withdrew them on the app action of interests which the Goverement had intrusted to his charge,— , to the Speaker of the noise of Commons, and it was expected . Mr. Wootrn commenced by bespeaking the in- he would receive •an answer, to such an application. If any Mr. Pearson, simply remarking to the Jury, that i they chose They had heard a long argument, of two boors' duration, about 1, dulgence of the Jury. He then took occasion to guard himseW offence was committed, it was against the house of Com- to hest them read, be had no objections to It—they were, how. the manner in which Special -forks were struck an phe da • . peek d • . * by anticipation from an expression of surprise which he expected Mons, not against the law , and he' doubted very much the ever, totally irrelevant to the Is.* they had to try. - trusted that they would dismiss that objection froth Their minds • • from them, when they would hear him assert, that, notwith- adequacy of this Court to take cognizance of 4t. It was ritii- prejudic ially against those standing the length of time and labour of detail which was al- cnious to assert that they meant to return Sir Charles Wolseley Mr. Pearson four hours and a half to read, ' who had made it. Indeed, he was certain that they word:: dir. ready devoted to this cause, its real merits were still unexposed, as a Member of Parliament; if they did, why not call him so? Mr e Leens rose. After the very able and eloquent addresses ness it, as they were Gentlemen too well e d ucated t o m and its bearings by no means placed in a proper point (delete.— Ile was merely a delegate chosen by them to do a certain act, weich the Jury had heard, it was with particular diffidence that biassed- by anything which did not appear upon the record ; He looked in vain to the able address of the Learned Serjeant but what was there illegal in that? It was clear that such dela, he ventured to urge a few words in hirown behalf. He coo- he would, kowever, tell them, for their satisfaction. that there for any exposition of principle, but he clung to the idea thrown gation was not unpre c edent e d ; for the delegates in 179 2 wer e jured them, if they had read a lying paragraph in one of the ' was no ground for objectiori io their appointment as Jer e ", , out by the Counsel fcr Major Cartwright, that this waanolonger not sent by a particular body, but represented the whole body Newmaperss Charging him with having called upon the people That Jury bad been struck according to law, and, till the law a question 'affecting one individual or another, but it was a ques- of the Reformers. Legislatorial Attorney did not mean Mem- at a Public Meeting to arre against a set of Boroughmongering of the lard was altered, it could not be struck otherwise.-- don of, whether or not, men were to be punished for holding ber of Parliament—at least, Members were never called by that tyrant% to dismiss that falsehood entirely from their considers- If they were in that boo impruperly summoned, the defendants Certain opinions, or rather for holding airy opinions at all? With name. Then as to the objects of the Meeting. The defendants don. They had nothing to do with anything, true or false, ex- would have the benefit of th at irregularity , and no punishment. 1 cept what had appeared before them in evidence - On the nature would follow their conviction , if a conviction should be obtainee h that view of the case then did he identihe himself, and to that were charged with an intention of overturning the Constitution issue he would direct his defence. It had been thrown out by as by late established. He whited to call the attention of the cf that evidence it was unnecessary for angbody to say much; against them. lie scarcely knew to svhieh of the speeches zr.ade . 3 the Learned Serjeant, but by way of concession, that men, with- •J u ry t o t hi s ph rase o f avaste established ; for it was one of these if it had been ten thensand times- stronger than it was, it would 'in this tried lie ought to appty himself first ; but as Mr. Wooke ti rut incurring the censure of the laws, might hold any, whatever guards which the Gentlemen of the Robe were in the habit of have been insufScient to support the charges In the indictment; had spoken that mooting, and as what he had laid eves then .. , opinions, provided these opinions were harmless, that is not ab- throwing round them, and which too grew up lately; for • the fcr it was morally impossible to prove them by any evidence, fresh in his memory, he thought it best to apply him elf to the t he eolutely dangerous. Now, with great deference to the alum use of those words was never known before the State Trials i n ' however respectable. He would now aaskthe Jurors to look refutation of Mr. Woolearguments first of all. That Gem . of so learned a Serjeant, he was inclined to think the licence of leee. Now, from all the evidence produced, he did not see the for a few moments at the indictment ; they would there find tleman had said, that at the time when this M:eting was holden 's s holding opinions; which that Learned Gentleman contended did least tittle which went to establish the assertion of any such In- that he and the other defendants were charged with being mali- at Birmingham, Government had no law to put it down or to ' exist only by sufferance, was founded on a much higher basis.— tendon on the part of the defendants; indeed, the charge was does, wicked, and seditious persons. He might be told that interrupt its proceedings ; and he had challenged him (Mr. Ser. - It was one thing to hold opinions, another to make use of them equally- consistent with the Learned Serjeant's introducing, in these were.only words of course, having no definite meaning, and jeattt Vaughan) to show on what part, either of the Statute er ai engines to work a certain purpose with upon the minds of his opening speech, the existence of other Meetings, which bad merely hunted because custom acquired it. If custom did require the Common Law, the indictment against him rested. lie had others. No man was less addicted to proselytizing than he, no :acre .to do with. this case than with any criminal ease the insertion of them, it was a bad custom, and would be " more never said, neither would he now say, that that indictment was and he would go as far as any Learned Serjeant in admitting, that might occur in the other Court. • How far, he asked, honoured lathe breach than in the observance." But he believed founded upon any Statute Law ; but he would boldly maintain that if he was entitled to claim a liberty of holding one opinion, could giving a Representative to Birmingham he against the that custom did not require it, and that the words were inserted that it was founded upon the Common Law of the land. Who i the same iudnigence should be extended to others who might; Constitution as by law established?—or what tnisenief could for the purpose of creating a prejudice against the defendants.— was It not a crime to excite discontent and diwifection to the ' r ossiby' differ from him. The Learned Serjeant had, how- result from it ? The Learned Serjeant had taken cond. n For, said Mr. Lewin, ni2OW ire you, Gentlemen. to know Constitution under which a man lived ? But it was veered ever, with that share of ingenuity which belonged to his profession, derable pains to paint to the J u ry the odious light in that we are malicious, wicked, and seditious persons? Is it by that there was no count in the indictment which recited aey- avoiCied the question of principles, and stuck to overt acts.— which conspiracy had ever been looked upon by the law. Our looks? Look then at me, Gentlemen ;do I look like a ma- thing done contrary to law. Ile wu well aware that that poin t Now that these acts were but an exemplification of principles, —l'be Learned Serjeant had said, that even where the purpose below, wicked, And seditious person? lf, after you have done depended upon another, viz. whether the facts, which be l e d there could be no doubt; and then two questions arose—first, w a s a good one, the law viewed It with a jealous eye. Now the sot you arena satisfied of my innocence, look at the figure of that stated to them as criminal in his opening speech, had beta whether the principles were dangerous? and, secondly, whether, reason of this, he was quite unable to define. A conspiracy, if aged and venerable man near me, whose whole life has been made out in evidence. If these facts were made out as he assuming them to be dangerous, they ought to be visited with taken in the meaning of the word in the English langaage,meant consumed in actions of charity, and who is willing to expend had stated them, be had not the slightest hesitation in saying, punishment through the sides of the present defendants?—if an agreement to dwsomething. Certainly, if the object was a even.his last breath in the service of his country." Mr. Lewis that an offence had been committed which, in the opinion cf • they Were dangerous, at least they were not novel; thousands bad one, then an odium attached to the combination, but it-was then proceeded to state that the indictment also called them men many highly respectable persons, amounted to treason it t elf, ehad before professed them ; they had been acted upon for a long an absurdi t y to say that an agreement to do anything in the ab. of wicked dispositions ; but it was impassihle for any man to and Which, in his own opinion, differed but vary lit:le Lem I - . e. e• time; and the cry for Reform had resounded from one end of stract must in itself be criminaL It was asserting that an act know that they were men of a wicked disposition except the Am Mr. Wouler had said, that the present trial was a trial not et - the country to the other, long before the parties now in Court done by one man, might possibly be meritorious, and next, that worry Rim= of the Universe, the searcher of every heart. It individuals, but of principles. • That he (Mr. Serjeant Vaughan) h• had heard of it, or were in any way connected with it. But it the same thing done in concert with two or three others would was next set out that they wished to excite discontent and 41s- moat strenuously denied. It was not the trial of the cause of • 2 was, then, tither dangerous or it was not. If dangerous, why be criminal. But it raised a prejudice against the defendants, affection against the government and Constitution, as established Redman, but of the individuals who had determin e d to cho ose ••• suffer it to keep its march unchecked until up to a very late pe- and was therefore used on the pr e sent oc cas ion. He next cone. 'by law. A Constitution established by law ! What was meant a Member of Parliament for Birmingham, without haying i h. rind? or why now call upon individuals to answer for profess- plained that the Learned Serjeant had gone out of his way, in by such an abuse of terms? Established meant fixed ; but caved the King's writ, authorising them to do so. Meat Woolen - f ing opinions which by long sufferance, taking the worst pre- mentioning other Meetings which had no connection with this, was our Constitution fixed and unchangeable, or was not an i held, thara man had a right to hold opinions—ev n crimin a l ' e suroption, had acquired a s a n ct i o n. B ut i t b a d been too long and in presuming that the real objects of this Meeting were dlr. alteration made in it every time that the Royal assent was given opinions. Ile would not attempt to deny the righ ndoubt. y" the practice of Government to put down by force opinions f erent f ro m the avowed ones. What right bad he to assume any to a Bill, or, as was sometime.% done, to forty Bills in one hour? wily everyman bad it. Mr. Warier said, too, that a man had e winch they could neither refute nor understand. From this two concert with the other Meetings. The Meeting at Birmingham But it was further argued, that they wished to excite discontent aloe a right to promulgate them. He (Mr. Serjeant Vaugha n ) k . t coesequeuces followed—individual persecution, and the failure was not conc erted in private; it was announced some time be. and disaffection to this ever-chan g ing, yet fi x ed and e s ta bli s h e d would nut even deny that position; but he would add to i t • of the eneetv wilieli the reasoning founded upon these opinions f ore , and notice given of it to the Clerk of the Peace, though the Constitution, because they had expressed their disapprobation of another, that if he did so promulgate them, he must consider . was likely to produce. The Learned Serjeant had condemned Act which required such notice bad expired. The Requisition existing abuses. Ti that were just argument, the liberty of dis- that he is liable to all the responsibilities which thriaw may at. ; the numerous Meetings which had been held in various parts of was signed by the competent number of householders, and by the • cession was et an end, and the liberty of the Press nothing else tacit to him. Mr. Wooler had, however, maintained, that the • the courtry, on the subject of Reform • but it appeared to him, way t h ere were on l y two o f t h e d e f en d ants amongst t h em .— t h a n an idl e anal ridiculous dream ; for how could either of them utmost liberty of discussion ought as be allowed, an d h a d d ee . : that if these Meetings were criminal, t hese who had so long con- • fhree others attended the Meeting. Major Cartwright arrived exist whet; a man was only allowed to speak or act in such a finded his propositiim by refetence" to an old Latin atiege-- .' nived at their continuance were patties to the guilt. If one a t Birmingham on Saturday, certainly too late for the conspi. manner as wotid suit the pleasure of the minions of power ? " Sendai riot sleds, 4 yet *Miss, diem lime" We certainly Meeting was held, and suffered to pass by unnoticed by the Law racy. It would have been impossible that the Resolutions and This was an indictment for a conspiracy to produce discontent : bad a right so_ to think, and so to empress ourselves—but it Officers and not discou n t enanced by the law, how could persons t h e P et i t i on cou ld b e d rawn up i n the short interval between but it was more than a simple conspiracy, according to the ac. must be under the limitation, and responsibilities which be attending a subsequent Meeting he said to be there with crimi- his arrival and the time when the conspirators proceeded to the count of the Learned Serjeant :it was a secret conspiracy, and had before mentioned. The proposition was true in the ab. a_ nal intentions?—There was so law egainst such Meetings, and ground. 'Mere was a great deal to be done, and it was not no. the conspirators were closeted up together • though it -was street, but k did not hold what applied to circumstances of . it was a =rain, that what was not prohibited was allowed by tida l to expect muc h exertion from a person at the' Major's ad- proved in evidence that they were not closete d! up ; that every time, plate, and government. " Then," said Mr. Wooler, the law. Meetings for Reform were taut of recent date • ! the y vanced age. Had pen, ink, and paper been ready for him when body was admitted who called; that the landlord had free ac- "if this be true doctrine which you profess, it is necessary • had often been held, and for a considerable time • but if they h e arriv e d, and had he set to work at the instant , all could cess to the room, and had even once tome into ft himself.— for every individual to take out a licence to hold an opinion, if . t were criminal, what was become of the activity o f guardians hardly have been perfected. To say, therefore, that all that was There was, however, a ccospiracy, and there were conspirators he is inclined to wear it in oppodilion to the powers teat bee— ., of the peace? Surely, they were the best judges of the propriety done at the Meeting had been concerted at Major Cartwright's among the parties to this trial ; but the defendants were not lie would reply to that politico by saying, that no such licence - of such Meetings. and they ought to hare suppressed them. If, lodgings was ridiculous. What was the fact:" Did they meet in the parties conspiring—they were the parties conspired against. was necessary ;in England' any opinion might be broached that ~ i than, the proper Authorities did not interfere with the existence private—were they closeted together far any length of time ? Mr. Lewis then proceeded to argue, that the counts In the in- was not dangerous to the safety of t h e; State.' Mr. 'Weenier bad " , . of such Meetings, they were privy to their criminality, if, in- Nn : on the contrary; they casually dropped in, and the house dictment were not, nor could they be proved. The Jury might, then changed his Wound, and had asked, wield any Administra • - . deed, it were so, and ought not to entrap, a' it were, individuals was open to any friend of the Major's who might call upon indeed, End them guilty of a conspiracy to excite discontent don dare to say that it had tolerated the existence se illegal in-n the commission of acts, of which :hey afterwards took ad- him; but then there were flags, and these are designated en- against the Government; but be had before shewn, that it was lideetinits? He Would reply to that question, by asking another '• vantage.. lie eves confident, if the ille g ality of such hlectinge signs of rebellion: the flags carried for the puppet-skew of impossible for them to fi nd them guilty of being wicked and ....what would Mr. Weeder have said if Gov e rnm ent had andel- e . • was declerad in time, the people woukabstain from atte"diue P unc h an d J u dy were not so terme d. B ut h e understood the malicious persons, or men of a wicked and seditious disposition. paced the mischief and bad put down such Meetings, not keow- a them. In rroof of this, he instanced the Notice which had been inscriptions were considered inflammatory ; he reminded the They were, however, Charged as such in every count ; and as a ing whether they were legal or illegal, without the consent of ~ 1' given of a hleeting for the 9th of August at Manchester, but J ury o f t h e nature o f th em , and asserte d t h a t th e y had not th e Jury could not End a defendant guilty on one, and innocent Parliament? H e must n o w a ll u d e to w h at hi s L earned Friend, " . 7. which was immediately Jot:dote-1 by the people when the Mr least s e m bl a nc e o f sedition or even imrropriety of expression.— on another point of a count, without vitiating their verdict, he Mr. Denman, had said regarding this prosecution. He had said ' gietrates proeleimed It illegal, in the iteinht of the disaffection One of them, " The Sovereignty of the People," was a toast looked forward to a verdict of acquittal being given in his fa- that Government had behaved most unjustifiably in it; and bad t . which their enemies declared prevailed ' there. lie ass e rted, un i versa lly giv e n at the Fox anniversary, even before the health your. Besides, if they had any doubt as to the verdict which evinced a disposition to obtain a conviction at a ll hazards. This s y therefore, that it woo the duty of those who understood the of "the King," and generally adopted at ether meetings of a they ought to return, that doubt ought to operate in favour of was incorrect: Government had not wished for sects a conic- ' laws, first to prochern the impropriety of such Meetings. It s i m il ar nature. Il e wou ld no t h ave t a k e n u p th e t i me o f t h e the accuse d ; an d they, h e .wat sure, would give him the benefit don, neither had it hied its strongest weapons o f attac k. H a d h: was a ntaxho in our law, that wh a t was t o bi n d all s h ou ld be Jury with these trilling remarks, but they were brought in con. of it. Add to this, that a defend ant ought not to be found an ro-olkio information been filed in this ease by his Majesty's generally Intelligible; and surely, if any ambiguities existed as to denotation against him, and it was necessary for bins to refute guilty by a majority, but by the whole, of the jurors ; and, them- Attorney-General? No. - Orders came down to Mr. Spurrier.... the effect or these laws, the bulk of the p eople were not the per- them. Another inscription related to himself. -It was fulsome fore, if therewas any one-amongst them who was for acquitting from whom Mr. Woolethad extracted that he was the ager tof sons nso't Ihttly to be able us solve them. lot he challenged the for him to speak of himself ; but be would. merely remind the the defendants, be trusted that be would stand firm, and would the Treasury—to institute the present as a Movernmext prinecu- . loarpot Gentleman opposite to produce any Statute that by the Court, that for three years he had not been selected as a proper not waver from his opinion in deference to the eleven other tion ; and in these times of difficulty, disaffection, and distress, , :neat nice ceustructien or interpretation could imince the great object of prosecution, and therefore it was a fair laferesce th a t Gentlemen who differed from him. Mr. Lewis these proceeded Mr. Spurrier would not have done his duty,in the situation which Z.,. holy of Enelishmen to imagine that those Meetings wete illegal. h e was not a libeller—that he was not addicted to anything of to defend the election of a Legislatorial Attorney; but asserted he fined, had be not suggested to Go vernment t h at a prosecut i on -e a •• - it syas not enough, a, he conter.il eel, that. when Petitions for the kind ; and as soon as he was found guilty of a private don- that, whether it was defensible or indefensible; he had had no ought to be instituted. An attack bad been then made upon the e e Iteform were pre- de w:l to the house of fetuniona, a Member d er , h e h o p e d b e should be properly and severely punished, and share in the election : his own speech, which had been put in as nature of Government prosecutions in general; and the Attorney- . - e. on the s - it:jct.:dal side should in his place condemn the language that all the weak powers he then possessed might from that evidence against him, proved that circumstance incontroverti- I General who had boasted that he had gained a ve rdi ct i n ever y - • . of these Petitions, whilst a Member en the ether side would moment cease to h ave e ff ect . M r . W oo l er t h en went to t h e g e - bly :h e h a d t h ere i n re f use d to concur i n the election, on the , prosecution which he had instituted, was held up to their view , • d e ny that the language was so objectionable. This was not neral point s that occurred at the Meeting, as spoken to by t he ground that he was not a n i n h a bi tant o f Bi rm i ng h am, an d that mis a cunning man, who took very good care never to bring a - enough; the language of prohibition should be more specific. different witnesses, in opposition to whose testimony he read be had therefore no right to interfere. His guilt, in the eyes of ! prosecution except where he could be certain of a convesdent Jury. it was not treating the Ihrtele fairly ; for the House of Com- cop i es o f var i ous l etters f rom Mr. Spooner, a Magistrate at Bir- his prosecutors, was, if they would speak out manfully, that he : lie did not stand there to defend the conduct of the. At to rney- , mono should not be receiving Petitioto for Itcfurrn, and turn mingharn, to Lord Sidmouth, shoving the peaceable nature of had praised the Bill of Rights and Liberties. They might not , General, which, indeed, stood in no need of defence. The boast rou nd upon the framers of them, lied treat them as dema- t h e mee t ing and the town, from the time of the appearance of be exactly acquainted with the contents of that Bill, and he ' which he (the Attorney-General) had made, was a v et e, proud -. 4 gogues. With regard to the right of the People to meet gene- the advertisement calling it until it was actually held, as also would, therefore, in compliance with the wished of i ts venerable one; and the repetition of it, be (Serf. ireuihan) fee in t should rally and discuss their grievances, as the Learned Serjeant set of ,the tcnour of the speeches made at it ; after which, he pro.- author, present each of them with a copy of i t , i n or d er t h at h ave cons id ere d a just compl.m e n t to hi s character, had be ^. e r out by disclaiming all intention of agitating that question, he cee d e d to read, set - Odin, the Resolutions, which have been already they might not labour under a mistake rega rdin g i t . not o b serve d t h e sneer w i t h which it was delivered. The ' Learned . t S . Mr. Tooter) would not go into it. Nothing, however, could given,commenting on them as he went along, and justifying their here Mr. Lewis sprung upon the table of the Court, and was Serjeant then proceeded to observe, that Mr. Woolen, after in- • conviuce hire thw he had eot a right of holding what opinions tendency and effect, as the fair and legal echo of public opinion. proceeding towards the Jury-box with 12 copies in his hand.when .. (bilging himself in several tober tirades against the existing me. . he pleased, but he would allow the same indulgence to others, A s to the question of Reform, when it was greatly agitated dur- The LOAD Cuter UMION interrupted him, telling him that he I tents. bad said—" Ido not attack the integrity of the House c f and never ehurne the right of dictating to any man. With these big the administration of Lord North, the answer to the nume- could not give the Jury the copies which be held in his hand at ; Commons, but Its impurity." That was a refionnent--indeed, a ' few remarks he should proceed to the consideration of the para. rous complaints then made was, that there was no appearance that moment. Ile must go on with his speech. :he would rather call it a quibble. It had been said, that the • e 's elder case ',dere him : the first notice that he or any one else of Petitions from the manufacturing towns, and therefore a Mr. Lewis continued.—As k e was n o t a ll owe d to p rese nt each ! election went no further than to elect a postman to carry a knee i•; had received of the illegality of such Meetings as *wise corn- doubt existed as to the general wish for it. The contrary was ofthem with a copy; he would read part of it in his speech, and ;to the Speaker of the House of Commons • but the Resolution , . d i a in e d of, was the Proclamation of the king, published about now t h e case : the manu f actur i ng towns so sen di ng Petitions to sheer that the author of it was not a disturber of peace and ' adopted by the Meeting did not bear o a t ' that assertion. For, -, et twelve mouths r g o . Ile then went into the history of the case, were considered turbulent and seditious, and the promoters of good order, he would read the prayer which Major Cartwright what was this LegisLetorial Attorney to do ? Not the duty of a -.4. •• d with cowl.' eral.,*e ability, and co - .: 4 which he demee . .... . trammed in these Petitions were branded with the epithets of demagogues recommended to the idectors. immediately before they proceeded • postman, but anything and everything which it was mcumbent ~ s t ro ng terms an the itim:owing and u n fair manner in which or i t i nera nt orators. He had only a few observations to make. to an Election. After reading it, he said, that from a wish not upon a full Member of Parliament—if he might be allow e d the e the case had, frete its commencement, bon so unblushingly He considered this as an attack on the principles which guided to intrude upon their time, be would forego the reading of se. expression—to perform in the discharge of his duty. • The t prises mod in by the prosecutors. lie alluded to the ehameful his public conduct, and not an attack on the particular acts to vent passages from Oldftekto History of the Repreteetation, which Learned t then proceed e d to comme . t upon the different 5. manner in which the Special J Jr: were so uck, and tke gross par- w hi c h t h ey a ll ege to re f er . li e f e l t con fid ent , t h at t h e Jury be had once intended to have read, as a contrast to the passage remarks ,tearksd been made in the course of the • trial woe *' . tislity Amen by the Master of die Crown-office, when he attended would do justice to the case in a fair and honourable manner. which he had just cited. lie then confessed, that against the the word " Conspiracy ;" and upon that subject he said that before him fur the purpose of reducing the Jury. A more black He reminded them, that they were his ,Judges, not his Lordship existing abuses in the p resentation he always had endeavoured .he bad:himself been represented to have uttered th at w hich case of nut-administration of justice, even in the most prostituted on t h e B enc h. H e was b ut t h e expou nd.er, pot the administrator to excite discontent disapprobation, end he always would from its extreme absurdity he never did ' . I. . ne. country, had never occurred. The omission of Mr. Peech'a name o f t h e l aw . li e exp l a i ne d hi s reasotis for putting questions to endeaviur to excite it, until they were abated, if a h ea d was l e f t It had been affirmed that , be had talked mi. utter, of a legal Con- e-. on the Jury, he contended, was also a part of the same system. theist when they were about to be sworn—they should attribute him to think. hands to write, and a tongue to utter. Should spiracy. He had done no oath tbjng. But let them c ,, T e o circumstance ought to lime vitiated the whole paimel, it to th e anxiety he felt to learn that in political feeling they they, by their verdict, pronounce him to be gnilty—whieh be not confound any ' distinction which be had drawn upon , which was partly admitted by the Learned Judge, though his were indifferent. Ile entreated diem to dismiss from their did not expect that they would—the country would neverthe- 1 , this subject. There might be cases of mospiracy where the e• e . Lordship, at the same time, declared that this was me the place minds all consideration of that—to forget political distinction— less mil, and history hereafter pronounce, him to be innocent. I object was legal, and the- manner illeal • but nue both were • for acting upon it. Ile lamented such an opinion should be to judge him by his intentions only—to consult their oaths to Should they, however, be would repeat it, find bills guilty; the ; contrary to law. If be was in ' • g this point, the Learned . 1 tie en by .:is Lordship, as it furnished a handle to those who administer justice impartially between both parties; and he punishment which wield be Inflicted upon him would make no 1 Judge would correct him, andput him rig ht • and though they • made it their system to murmur at the mode of administering ended his able appeal, which lasted three hours and a half, by difference in his opinions: so far from making him change them, had been toll that it was their to determine ever ytbing, justice in thi. countt y. There were also other objections before saying he left his case in their hands. they would only make him double and treble his exertions be trusted that they would content themselves with deriding the Jury, %ShiCh shelved how partial and unjust towards the de- Major Cartwright applied to his Lordship for leave to put in against misrule, and give him more time to study how to amend on the facts, without meddling with the law o; the The fondants this whale proceeding had been, but they would on a written defence. it. •He then concluded a long speech, by saying, t h at w h et h er 1. education, habits, and studies of the Learned Judge wh o case. then serve to shew, that with any means the prosecutors Were deter- The DiRD Curer BARON acceded to the request, observing, ) the remainder of his life was to bein d in free , sat upon the bench, . spent a ungeon, 0r... rendered him more fit than they were to • mined to proceed to triad. How far that might be just in law that, at a late period or. the preceding night, the address of Ma- possession of liberty, he was determined, whether good or ill ' decide upon the law, he knew Dot ; but the loomed Judge must be aware that it jot Cartwright was offered to the attention of the Court in a betided him, to persevere, through evil report and through good. every amulet to now the Judges in their awn Court, they afforded a strong reason for conderanieg that system which ad- manner that was clearly irregular. He had then re j ecte d it ; b ut, report. in being &Inn advoCate of the cause of Parliantentary dial winnee would e themselves within their own prelim*, and not rented that error in one place could rot be corrected in another. taking into consideration the great age of the party, and variotia Reform—a cause as noble suffered, -as ten. martyr He had been charged with en intention to degrade the House other circumstances, he would now suffer it to be red. or ever hero died to vindicate: erks, as liad been made by the presentoefendehto were among ~ of Consp:ons ;he would refer the Jury to eery article which Mr. C. rrARION then began to read the Major's defence, in a' InA nation's right to k a nation's toffee, the means emPloyed to undermine the Constitutioa t but he la he had written on various subjects, argil to wieild defy the the Commencement of which the Major took three objections to . " A ration's right to make a nation's elute'!" eyeerned them, that it Judges and Juries should mil M protect ''' 'c- Learned Serjeant to prove in any one of thein the remotest aim the form of the indictment. They all depended upon the want Mr. Serjeant Vol/mote replied.h-He must ac k now l e d ge, that themselves ainat them,the . .ag country would soon have reason to at a nything of the sort. If then he had not done so in tht of • cm tainty in it, which prevented him, as he said, from pleading able as had been the speeches of his Learned Friends, and full speak of the Constitution, ' not 'tube present, but in the past tense. • cher:lc:to in which he had the opportuni : y of diffusing his sent '- to it. He was charged to have wished to excite discontent of talent, as bad been the address of -Mr. Wooler, it appeared , The defendants aid, that all they, did , and alt that was imputed meets, it woeld he too much to say, that by any part i cular act against the Government and Constitution, as by law established. to hint hhat they had employed all their dexterity, not in t 'di • - . •grep. o em es a crime, Wall done Ocareably and gently; . .here was or on ane p irticular occasion he had evinced that desire. Such lie spewed that none of our great lawyers had been able cogive piing with the strong points of their opponnits, burin dirtying no merit in that, thous* ft was fortunate for them teat it had • en . stuck came -.Try badly from the Learned &deem.— any satisfactory definition of the wor d '• Constitution" from the with what ?ngenuity they cou ld eva d e t h e M . li e was not sur- been done so. if it had been done tionibly and violently, they • Wes he net, by etis very act which was complained of beg- time of Sir E. Coke down to that of Sir %V. Jones, or to state prized that the defendants who appeared for themselves, and would leave levied wart he King, - r •kn• and upon them to act? in upon • .eitig the ilnese te recur to its mite e : • ) what it differed from Government. Then he argued, that a who were, in all probability, unlearned men, *mid urge, that have been guilty of Ili hT g reaaou. Indeed, as it was, he knew —'fhey merely asked for the net ,:rettori of the House of Conn Constitution established by law was a contradiction in terms- from the eon/pinky of the indictment' they were aitot aware of I that many [hoe ht that "thin partitions did the bounds divirie" d :. • lions in Me purity it formerly held, mad that alone. I t surely and went through the indietmene to shew the inconsistency of the nature of the -charge preferred against them • but '..• would not be said, that re) abuses existed in that House ;and , he was' of their crime and that of Higb 'Arrow T sae th at the Sill • the several parts of it with each other. He then entered into a Wary sorry to hear Ids learned - friend, Mr. De . , and his of Ri h• ' n • ' 9 - Rig ts gave to the People the right of. meeting to petition e is w. s 4 Petition for the reeled ying of those abuses to be considered long argument upon the necessity of Parliamentary Reform, de- young friend, Mr. Hill, repeat the observation, and M .ohat it and remonstrate, to say that which nobody could dray,dray, a crime, memi id punished as soth? Then, as to the right of Reeve - tailed the services which he had rendered to that cause, and r contained much unnecessuy, irrelevant, and nnint • though, whilst talking of the HUI of Ri g h ts , i t was cu ri o us to 'was nun 'caution, the people of Birmingham had as inherent a right to metale d the differeett 01'16;141nm which be lad gives. ket.dit ter. Hdanleati.not made the charges . ho km *Wrest theblender into wkich ids Leaped Friend a De. Den- .s. . ,- . ' ~..' • •'" * ' • . • - • • . . . . . . '.~ ; R T i I (( ~I 1~ r