Star. — London, England, 1820-08-05 00:00:00

. . With such aninstreroeat the adreibtlastet th..ir bad work, and it was therefore natural-Al they should magnify . its performance by deifying its I Having thus arranged their ags,l the ptiaciple actors met at the Major's and they determined to gb in procession to the place of , Meeting, In order to give some echtt to their move meo:s. AU the other defendants would be found accompanying the Major. They set out for .the Meeting, with music, to a place called hl wall Hill, near Birniingham, and in the same parish, where the ground formed a kind of amphitheatre, very proper for their purpose. In a little time, no less than - 60,000 persons were gathered, as Edmonds, one of the defendants himself confessed in a report in his paver. The greater part, of course, went on foot, %a: Major Cartwiight, who was very infirm, and is so, was lifted out of a barouche, and placed like rallying point upon the hustings. Lewis, Edmonds, and Wooler, had come to the spot in the carriage • him, all of • whom, together with Maddox, at. tended i meeting at his lodgings in the morning, and ~cete a ike involved in the conspiracy, and bad given their a-sent to the Resolutions which were afterwards doptc,.. Bit having now come to the ground, it was found necessary that some one should preside,and that ▪ fearless champion of their liberties, and undaunted asserter of their rights," as he called himself, George Edmonds, modestly pat himself forward, and was called to the Chair. There was more in this Meet ing than at first meets the eye, for a great deal was calculated upon the good example it would set to the rest of the country. And, indeed, if one were to consider the great number of Meetings which were .held at the same time, and for the same purpose, in, Manchester, Stockport, and other places, such an ex pectation would not appear very visionary. These sirnult tneous Meetings argued a deep-laid and exten sive con-piracy to overturn, or at least to remodel, the Government and Constitution of this country. Edmunds being then Chairman, bespoke silence for those ss ho were to speak, in the usual way; and al though he would not disgust the Jury by reading this terson's speech, as it was reported in his own Paper, yet he could not help calling their attention to certain passages in it. He began by expressing a hope that the benefits of this Meeting would not be confined to this place, but extended through the empire. —lt was impossible to.rrad this speech, and not see how it bore out the charge in the indictment of en &avowing to bring the Government, and more par. ticularly the House of Commons, into contempt.— The Learned Serjeant then described the mischievous tendency of the whole of the speeches delivered on the occasion, and which we duly noticed at the time. He read the :rowel Resolutions passed at the Meet ing, and commented upon each of them, showing that these defendants bad . arrogated to themselves a power which the Constitution refused to the King. They claimed the right; but with what materials did they go to trial? Was a trial with 6%000 men the proper way to decide it? They walk, indeed seat their Member in the House ; but was that a legitimate or constitutional trial? The Meeting at Birmingham concluded by votingthanks to Major Cartwright for having, at his advanced age, undertaken so great a journey to forward their taus', a clear proof that his being there was not entirely the effect of accident.-- Thanks were then voted to the Chairman, Mr. Wailer, and the principal actors, and the Meeting was adjourned back to the Major's house, whitherthe greater part of them accompanied him in the ba rouche. They returned in the same order in which they set out. Here ended the Meeting, and the next day a deputation waited upon Sir C. Wolseley to in— form him of the result, and induce him to undertake the office of Legislatorial Attorne7. Their purpose would have been then completed. The Learned Counsel concluded by expressing a hope of being able to prove every statement which he had made, and then he did not entertain a doubt of the result. The Learned SERJEANT then proceeded to call Witnesses in support or his case. Francis .1- ,linson, grocer, in Birmingham, who gave evidence as to the proceedings at the Meeting, under went the following cross-examination, By Mr. Hip..—He was never a Reporter; is a grocer, an accountant, an auctioneer, and a pawn broker. He has no other trades. He will swear that one of the sentences which he had read was uttered, and he did not take a note of it till ten days after the Meeting. With his extraordinary memory, and not being in the habit of reporting, he could recollect all that was then said. Q. Take the book, and say which sentence you iil swear to?—l've said before Cthat3 I would swear to one. 1 do not mean to say that every word in it is as it was spoken, but there is at least the spirit of them. Q. Where did you learn this spirit ?—I can't tell. By Mr. Woolen—Went from curiosity to the Meet► ing ; he had no intention to take notes; if he had gone with that intention, he might have paid more attention to what passed. His being sent for to the .Magistrates set him to recollect, as fast and as bar, a; he could, what had occurred. He read the pub i:cati:ni of that day once over. By some sympathy he had given the verbatim report as in the publication which he had seen. He did not stay all the time of tl.e Meeting. Left it at the end of Mr. Wooler's tpeech. The reading of the publication had an effect ;Ton him so as to enable him to correct his memory. Mr. Wooler.-1 should like to try the strength of your memory, Sir; it appears to me so very extraor .tmary. l'li read a sentence to you very clearly and , istinctly. and 1 have no doubt that you will imme diately repeat it to me word for word. [Mr. Wooler then read a sentence from the Ilchester Address to, the Queen.] Witness.—My memory won't serve me for that, Sir. Wooler.—Surprising ! you can recollect a speech, word for word, ten days after it is uttered, and can't iccollect the sentence which I have just read to you. S3muel Dickenson, surgeon at Birmingham, who gave similar evidence as to the speeches delivered, was also cross-examined— Sy Mr. Dasteme.—Hove came you, Sir, to attend at this )I , :ethq; ?-1 welit to watch. Over your rights, I suppose ?—tes; and I hope I shall always have spirit to watch over my rights, whenever I col-Atter them ul be is danger. iign't doubt your spirit, but did you take a note-book ? Why tildyoU take it was desired to attend by a public office, and therefore took notes. litiore you copied those notes, had you seen any publication c .ntaitting a report of thew proceedings 7—Not a single iota. 11..vc you those notes here ?—,I have not ; I left them at home' - . - mn ••••• • I , .~. _,,, ~ . . I ( .• . . ' .7r l •••7'. ''"l* , 401 h .A L go° tahe ra4iiiiiha*l44•l4ollll‘ llo 4 't . - &teed? , BWslikadt fof mete/or. ''' •. .---% Y , theft, Pave yes soilialadiribilitliepiLittearisi I 11" abject bt 4 rag I° 'rtt ei M lif"umbek allabett they an be et al um' ' 's ofvereene did not eseelthwily ethane the - ceettristly of n o t h u g. via oh, an b e am s p i a Wadies** .-1.41 beat a - community of sentintelit and acts,' id . the etecutini me ;ores; sad scent an be l lll Sam to C.sn stildirkseitsesoss of their general dosigo. But where wet the common they are at no use to you 7—" The witness gave no sr veg. design which wag charged -upon the defendants ?- His Dal you ever see Maddox tieforel6...Nevert that ta, I oleos never, except when I saw him on the hustings. Learned Friend had tteimphantly told the Jury; that Have You ever seen him since?-;-Not tin I saw his dd. day they would find no ditficulty in satisfying themselves b Court. as to a cammon design bellee entertained by the de • Therebavina only itgil him wee In your life, and that, toe, at feadants. e ril pro ve (said he) that they had met to a distance, until you saw him to-day in Nutt , you a-e prepared - r" — gether, and I'll spew von they had *common design ; or Sew that this individual Is Mr. Maddox ?...I ..m, to the hint et my recollection. and -next Tel sinew. that each individual bad a part will you positively swear that it is him?..-I will not swear in the active etectition of this their common de; to him point blank. Mr. ntisx, coatemptimuly.—Point blank ! How did the Where But how and where bad he denim this 1-- Where had he 'hewn this soreof design? Where were know dun you were at the Meeting ?—I cannot tell. M M I Te el y desire you so take satrap—They did not. his prnofs of a secret, dark, and lurking coafederacy? * Mr. Levria.—Wdl you repeat the following sentence, or Where were there pro, is of their secret seseeengs?... eves the substance of it to we, after I bare read It to you 7 None had been brought forward. He begged here Mr. Lewis hens reatta lon sentence, but the witness was un- to request the attention of the Jury to the condition the to stout it. • Mr. DusasAw then rose to address the Jury on in"'hick hip clients, Messrs. Maddox and Edmonds behalf of Messrs. Edmonds and maddna.- Th i s was had been placed ley the effect of the evidence. The • case which called on the Jute, as men exercising a proof against the Best amounted to this, that'he pal . great public duty—the greatest next to that of a visit to Major Cartwright, on the morning after his arrival at lfirmingliain, and th a t h e r e ma i ne d w ith &presentative, of the People—to lend to the eircutre the Major full two minutes!—With Stances of it their most calm met unbiasssed consi- to Ed monds, he too was proved to be wi 3 t . h es cr Major Cart tion. He could have wished that his Learned weight but-a few minutes. Such, then, was the full !Wised bad abstained from the preliminary Ob4r value of the evidence by which the LeareedSesleant unions in which he had indulged. He Mir.: )enman) Promised he should show the closeting of the parties. ems not aware bow the observations of the Learned P Ole Monday, 'the 12th, it was not proved that Mad ilkirjeant, with respect to what had passed in the dos was at the home where the Mater resides at all. former part of the day with reference to the Spatial The landlord expressly said, he had not the least re- Jury, could be alluded to in connection with the of merits of the present case, except alone for the pine collection Maddox being these at all. He was not pose of raking a prejudic e in the minds of the Jury, seen at Nww"hail Min—he was not seen is the be= and dive rt ing then* from the consideration of the "Wm; in ohm; there was Dot a tittle' of evidence merits themselves. But he would take upon bier to affecting this person at all. The accusation of neon say, that the observations of the Learned Serjeant :piracy might, with some propriety, be alleged were not either reasonable or conformable to the against persons whcsemployed themselves in delibe ends of impartial justice. What 1 to talk of a rating together for a length of time, and from whom so desultory warfare carried on against the Wort by me act had emanated, proving to any reasonable the defendants—nothing that had passed at all war- mind the existence of.a conspiracy amongst them. ranted the Learned Gentleman in his reararks.— But where was the apology for pressing such a charge On the contrary, he (Mr. Denman) _would ever main against the leaders of a political Meetnig, conducted tain, that if the Statutes which secured to defendants in the manner in which that at Birmingham bad in cases of indictment an impartial trial were to he been carried -on.? The leaders, six days before the held as sacred, no course which a Counsel could take Meeting, sent a proper notice to the Clerk of the was more analogous to their spirit, or more calcu- Peace, in which they stated the object of the Meet laced to give effect to the intentions in which they ing. Was this like a conspiracy? The words of the letter. were, that a Meeting was intended to be held originated, than a strict, jedous, scrutinizing atten at tion to tbe conduct of the Master of the Crown Office, the place mentioned, for the purpose of taking into the -Sheriffs of the County, and all the other Oflicets consideration the best means of bringing about having any influence in the nomination' of Special the Reform of the Commons House of Parliament. The object, as thus set forth, was perfectly legal. Juries. Was it not competent, therefore, to the de. _The letter said not a word about the election of a ((indents or any of them to urge, in the best IMlni er they were able, the belief which they entertaisted that Member of Parliament, or that of a Legislatorial At they would not obtain a fair trial, in consequence o f torney. Ilwrefore, to his mind, these circumstances the manner in which the Jury ha 4 been assembled ? 'carried the conviction that no conspiracy was enter and when they had 'so urged their justifiable appre hension', were the Jury to be told by the Learned ury amid bear in mind, thar they were to dis • tut of indtters that occurred a year ago? were they to have pressed upon their attention the tin puta r a charge from their consideration everything that had been done after the Meeting. He wished to press ei,on their attention, that the charge of conspiracy cessary by what they considered their duty to them tion against the defendants that a conduct made tie- gave to the prosecutors the advantage of fixing the ; . criminality of the whole defendants on each of them selves; was only a desultory warfare agailist the Court ? and hence :it was an exceedingly prudent mode of But he should maintain that the Court would have been guilty of a dereliction - of its diny—it would Proceeling,nithough. it was anything but fair or con not be It to be trusted with the - administration of jus- formable to Justice ;His Learned Friend had said, tire, if it did not chew that willingness to ' attend rci that thealefendants. at the Meeting, assume 4, and es. the observations of the defendants, wide! his indeed, the Royal authority. There he would' ship on the Bench had manifested that d ey ,!l, 4l teg leave to-state, in answer to the Learned Ser owned candidly that he had witnessed in the sPiriiitur panes. i mask, that, after looking into the Act of prosecutions recently set on foot by Governtisent, ; 0 4 1 -Union; he - could find nothing in it which restrained unbecoming anxiety to procure a verdict •agaTh*the the King from sending his writ to whatever place he defendants. After the speech of his Learned Friend -wished to ieturn Members, or a Member, to serve in (Mr. Vaughan), and, the evidence which had been Parliament. The indictment further charged the de brought forward to support its allegations, the Jury fenclants sal a wish to bring about disaffection, and would be, no doubt, surprised to hear, that the in- on unlawful change in the House of Commons.— dictment was of such magnitude as that the reading His Learned Friend then gave what be considered a of it would occupy as much time as the reading o f proper idea of the nature of the alleged offence—be - the whole of the evidence which they had heard that avoided the question of Reform, but substituted a ' day It comprised multifarious matter, unconnected Panegyric on the British Constitution. He (Mr. a) wiih the subject of fully subscribed to all that had fallen - from the the immediate charge against Learned Sitrjeant in praise of that high Constitution, the defendants ; it contained the greatest variety of and believed, that with all the abuses which greedcharges, and was open to the greatest variety of an upon it, it was superior to all other Constitutions m swers—but defying, in almost every line, the human understanding to cornprehead its import. There the world. Its great practical blessing, however, was were not less than nine counts—on each of which a popular representation, and this therefore - was the question upon which the minds of the people were the defendants had pleaded not guilty. The prin most disposed to be ardently interested. But were cipal charge, however,- was that of a conspiracy. we to be told that the Constitution had undergone The Learned Serjeant had laid down as a principle, with great propriety and truth, but subject to some, no other detriment than those flight alterations Which the lapse of time brings about in all human inven modification—tbat, in a case of conspiracy, the con- tie Were we übe told, as a matter of . doubt, duct of all the defendants was to be received in eri that it might have experienced some little declension deuce against each. That such a charge should be brought forward at all, with full information of the from its theoretical perfection? And be would say, that if the people were not permitted the liberty of nature of the conduct of the defendants before the Learned Prosecutor, was a subject of deep complaint, meeting peaceably to pittest and petition against the corruption. which threatened to overpower them, he because it might be shewn that the offence with which each individual respectively stood charged, knew nothing Of the practical history of the Consti might be committed by each individually, without tution, and the history of the last century was a fat involving the guilt of any general concert between laity. Let the Jury consider the motives of the Sep tennial Act, enacted in 171.5.- . . that usurping Act of them. The charge was, that the defendante had done Parliament, for he would .not ?hesitate to Caillieso. so and so, for the purpose of exciting ditaffection to the Government. and subverting the constitution of In 17334, a motion was made for its repeal, but he Cominens House of Parliament. Was not this was rejected by 940 to' 189;: of the maimitri . haw ! going f ar atteng h e Wh y erect-it i nto cons pi rac y p, over, it turned out that 114 Members were in the - en- He did not mean to say that the chargoof a conspi. joyment of places and Tensions, They had heard racy should not be brought forward, when a clear something o Penbioni - to-day. -Was it a .t ihne to . say that the permission to sit in. Parliament allowed and, indisputable series of facts suggested the pro to pensioneis and placemen was bad ? If so, he priety of producing such a charge. But he would wished to be put first in the list of criminals. - It was ask, was not every act of the individuals charged with conspiracy, as proved in evidence, totally incon- a crime that ought to be .genend. • Year after year sistent with any such view? The troth was, that - the Bills were brought in; excluding such persists from accusation was extended to a conspiracy for the bare Parliament, yet, after all, they kept their seats, al purpose of giving to the prosecutorthat great but ins- though the Act of Settlement expressly' prohibits quitous advantage over the defendants--provided in. theix , admission into that assembly. The motion for deed by the law, contrary as it was in most instances, , repeal, in 1733, was made by Mr. Bromley, Member, practically, to the spirit of law; namely, of being t elt .. he was happy to say, for the county cf . War to produce the evidence of the guilt of sevetahpersons _wink, and _seconded by -Sir John Se. Albans.— spea to support a charge against one. - e Oh," said thf .111borlocnier concluded his h upon that &Malkin - Learned Serjeant, e the act of one is the act of all.'-::. din the following words :---4. In -this, Sir, I hope Isbell Yes, so it was, but not until the conspiraty--thelb: *jiver ftsdi tbat.no private consideration has itichided neral concert between the parties, was. Xtet eatisfie: :mete matemp proposition—but the happiness tithe torily established. Now, he would eatreai Of-the nation arlaige, and because / knew lam sepposleti Jury to examine more minutely this position of his - ' jilt...it:4ll4h" voice of thopeoplei by a majority of my Learned Friend. Luckily, during the present pro,' :Constituents, and by the particular retommendation ceedings, it was in their power to.observe I practieal ;alba pm* of Coventry , whop I greatly respect, illustration of the falsehood of this principle, for upon adthough I teatime count eltein amongst the number the present occasion, there was he (Mr. Denman) rei , 06 lor •Constistleute-"" 31 c.. 1 % 'wens dui -sentiments presenting two defendants; his Learned Friesi. 'Mr.. 'milk& aseasenteasained 'at t hat dolls and' sinew Mee- Hill, for another; and the rest of the defendants silt kiwi-bee* thought ahiltball'ossr'Polltiale egeib were engaged in a common - object namely, to obtain Ito lie leseale bishe;shasils waalh - Pleva ll ed in -the ma , verdict of Not Guilty. Yet ;.he Jury would see, in• enesensative-milhasuwimehis the bagasele ofigatelita the course of the'proceeditig that the acts and sena latoliksi ' I Nca4itsoilliToseastigt'ar Usollittlitii emb timents of one part of the were totally at , deavanci.rim: ithe-questikinoisaelf.had hair advo-' var i ance w i t h t h ose of another past; s o that he re was i cated strenuously by the latter, and it was to that ' ..'V . ••• • v••• • 1; , •• ".* *4; "!: • Fite oweirials -popalarlq• in rife, sts - IaVII as to his being kabiro as the son of L. rd Chatham. His (Mr. Denman's) venerable friend at tended the 117eeting, otbsaridusreatasesinati fami liarly khown. Meetingi west lea in clifFert;i.t parts of the country; Clubs, Societies, and Correspcndenccs were eitablished, and even Delega.es were avi-Ointed to meet in Convention. 'The s%ord might be alarming. But he was prepared ro say that the people, if they thought the evil to be combated was one of great magnitude, were right to do susdhey had done. The question on all such occa.ions was this--did he fa- l;ricate the abuses of which he complained ? or in making atti abuse the subject of popular discussion, did he only appeal to the proper tribunal for a re medy? lithe abuse existed, he did right, because nothing could overcome it but public opinion. When the question relative to the abolition of t h e Slave Trade was in agitation, there were Meetings andi)C titian in favour of the - abolition from every quarter. Why were not the authors of these Meetings and Petitions accused of conspiring against the King, fcr they. declared war against a . 'lsystem which was pro tected by Statute laws, and Proclamation upon Pro clamation'? Was this a crime? It was a glory and an bonbur—lt was the glory of the - country, that through a *s of opposition, that great mea sure of benevolence and religion was effected , 'But, never would that traffic have been abolished, had nut public opinion loudly declared against it first. If a set of men thought and said, that a certain branch of the Legislature was groisly and notoriously cor rupt, where was the remedy for itr but public opi nion? The indictment in - the prevent case was re arkably free from any charge. even by i.isinuation, * riotous disposition in the Meeting : that which farmed the whole ground of accusation in the great case flied at York, of which they must have all heard. Flags wait introduced in the evidence, and a most uncharitable inference was drawn from the inscrip tions which they bore. If •they were of such value to the case of the prosecution, why not introduce them into the indictment? On cne of the flags ap peared the words, the " Bill of Rights." What! were we gone so far, indeed, that to speak of tl:e Bill of Rights was a ciime—that Bill, without which the Revolution would not have been conclusive r The Learned Gentieman then proceeded to comment on the other inscriptioqs, defending the propriety and construction of them. After all the ctinsideratien which he could give to-this subject, be really could not see how it was worth while to proceed against the preseqt defendants for a strange and ludicrous eithi ' bition. Was . th .a e election ofMayor of Garratt, * ceremony that was annually performed, stud which, by the way, was instituted to requite Sir JOry Dunstan for the pledge which he hid given to the inhabitants, that he would procure' them a manu factui e for asparagus !—was this election calculated to subvert the kingly . dignity, or injure the inte grity of Parliament? Were the annual Elections of two Membeis to serve for Eye, in Devonshire, the mode of which lie - could not - therr explain-A-was this an infringement on the Constitution of. the realm, or an overt act of disaffection? Nobody could !At' think of taking serious notice of such things ; and why then should the ludicrous farce at Birniitigham be eacepteii,:and made thetinworthy object of grav's denunciation? He then made some allusions [nth* state of the House' la( Consumes, by which the - Kill of Pains and Penalties now before the House of Lords would be decided; and concluded by obsery iniK, that he had spoken according to his feelings and his con science; and if he had succeeded in imparting tub convictions with which his mind was filled, he - could not doubt for a moment of the acquittal of his elielq. Mr. Has then addressed the Jury on Wulf 4 MR* Chils. wright. Me enforced with much ability the argementrof Mg. Denman. The main part of the chars*. was attempted is We supported by sentences from speeches of several of ,* de &wants. Now, be vroold 'hew, from a variety of *oda, what several peat men thought and said uton tAarinbjeot matter, charged u crimes in their ',ceche'. He than mod extracts from several works in support of his positions. I would not resairk upon the evidence—that had been suilp dimly disposed of by Ms Learned Friend. Coming to the Ins. mediate subject ander cousideration, he would - refer to Grey's debates upon the subj. et of the lieu/ugh of Newark, and thug it would be seen that it was a matter of argument at least, If it was nothing more, that the election of a Man Les of Parlia ment was a servic e which, in process of rime, and by - the change of 'nannies. becalm& privilege. If tLis were the cate l looking at it with a legal eye, where was the harm in say set of inei pm forming this service voluntarily? The Learned Gentleman pursued this subject with a long sad elaborate argument.- ilet, - in paint of fact, the election here executed was an dection,of i person to carry a letter—it was the election of a Postniat and not a Member of Parlaineut. If even this poinh failed, the fact of Sir Charles being conditionally timed; would make his cicala° void. The Meeting, s' fan -front wiskint to insist upon • the' election, did actually give a.,pericion.;toolis Gentleman to be presented by him if he should be adittnial p and in case he should not, to be presented by iiinielfe:ntlet- a friend of his. Where then was the shaking of alleafauel Wh. re was the disposition to excite dispfaiien 7 f lle upock i od by paying a compliment to the moderation pf,hlikir;airt.fright, ti , lid sever before been breligit into I Court of Justice. The Learned Gentle Man having coocluded. sutid tortfs4taki. tha he was tequested by major Cartwright ta - read' a dame ettiout by himself, and which he tkought necessary la' the'ekt- - dication of Ms character and reputation, Tile Come 13s nos aid. it *as contrary to all role M slier, re, being read. Had the Leaned dentleman introduced it as part, of his meechf he mishit have teed it ; but it was: toes Mich to expect of the Co'Ui to allow a Counsel, after making vae.southi to get tip and Make another. -• • .• It being how nearly ten o'clock, Mr. WoOlet,.whir.Wis next to addresi the Court, said, he wank! have to occupy "(vend hairs 'of the time of the nart,and if it washhe pleasure if his Lind ship to adjourn the Court, be would prefer mein kis address toMertirw. After a short conversation, the Cm* jet islixot ti tat :o'clock • tomorrow. ' 1 SECOND 8AT,....4,11ptyat 4.. • '., The Court met this day, pnranintitlitdinthaliaien 4 at ten o'clock. . : - -. t:- 1 ^..14 , i5:114 .. rt, 4- • . .-. 'The Jary being called tieei r ,lliir:wmgalt firoetwcud es. address them at great length, in hialyrin defence, He expressed, iniconcluding, his confidence that the Jury would do justice tea the case,' in - a &W and ho. Inouribhr manner; they were the judget,:and not the 'Learned Gentleman Ont ' the Bench, who was ire . sepouuder, and not the 'administrator of. justice; rd he - hoped the Jury would jafte flatly for them. • selves, and commientiodely give their **diet on II e hal merits of the f eu" and the merits of the case alone -Mr. Wiltbidaw's speech •oteopied t. rec hotus and a quarter. •-• Major Canvorieit *en 'elicited and obtained . 'mission from the Court to read himself the 10' .. • • dafineo,vrbieli . hottadyantinto the hands grids . • . mei; Mr : Om, but• Which Aid Citeniiemau 140 . •-• , allowed , ter make use of. The Major wall leWilea s eta i i • this paper whim the- express with these *mum kit Warwick yesterday.