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

. 41. To this Mr. Pearson raised no - objection, but wished to be assured that the ne w serv i c e oftheau t n. mans -mould be real, and with that 'ew accompanied the messenger himself to the ho ur of Mr. Peach,' which they reached between t w el ve knd one o'clock in the morning. The family had retired to bed; but a servant having come out. Mr. Pearson wrote a note to Mr. Peech, and received his answer, in which he distinctly denied having been summoned. before ; and he further added, that he believed his name would have been struck entirely out of the panne', as he was unable to attend, being then very ill in bed. The duplicate. summons which was then serve,' upon Mr. Peech riquired:itis attendance on. the 29th of July, the first day of the Assizes. ' ' ' . Mr. Serjcant VAUGHAN said he would, with the permission of the Court, examine :`,lr. Under She riff Lee. ' Mr. Lee being sworn, stated that he had made'out his warrants on the 27th of July, directed to the offi cer for issuing the summonses, grid dividing. , the JU • rors by hundreds. Of the service of the summonses hewai unable to say anything .of his own know ledge. The witness then stated the substance of tie conversation which Mr. Pearson had with him, in the same manner as had been sworn to by Mr. Pear-. son himself. He made out a new summons, whkh. he caused to be served tipon Mr. Peech ; believed lAN. Pearson was with the messenger, but had, not seen him since the min's return. In answer to a question by Mr. DENMAN, the wit ness repeated that the warrants were certainly made out on the 27th. • Jose, h Smith said he was thepeison who went to Mr.Peech's house with Mr. Pearson. When they came the family were in bed, but a Lady, who he believed to be Mrs. Peech, put her head out of the window; and witness said he had a summons from the Sheriff, for Mr. Peech to attend a Special Jury. The Lady answered, that he hid already had summonses, but that he was so ill, it was quite impossible for him to attend. This was said in the hearing of Mr. Pear son. Indeed, Mr. Pearson .said he knew as much, for he had been speaking to the Lady the same morn ing, and then asked to see her again. He said he would call at six in the morning. Witness saw Mr. Pearson there with a chaise the morning before, and he had a letter, as he believed, (tom Major Cartwright. 'Cross-examined.—Mrs. Peech said her husband had got summonses, but she did not say in what cause. The name of the King and Cartwright was never mentioned. Mr. Pearson only said he knew Mr. Peech had got summonses, not the summons. Re-examined. —The butler said his master had a summons before, !it he was unable to attend. It was only for, I believe, a Special Jury. .There was no. name of a•catise mentioned. lam almost sure there' . was a letter from Major Cartwright. • By the Thijor.—What reason have you to think I* wrote t ) Mr. Peech ? nothing can be more opposite to Vie truth: The CHIEF BARON.—Major Cartwright, I don't know that it is quite regular to allow you to ask the witness a question ; you have an able Counsel ; and r "would rather you would leave your cause in his hands. I make all Ross litle 4icovants for your feel ings in the situation in IrhiC:h..you are plassci,..but our regulations Cartwright.. said. 'his road not *interfere •.• • • - .any more. . - A witness, named Smith, said he saw the summons which was served , upon Mr. Peech . It was for the - 2)01 of July, eniFieas served yesterday, 2d August. " • The - letters:WO : passed-between Mr.,Pearson and 'Mr.' Peeck:s;iere thee read. The substance of them liii• seen al.teidrai l ited. -. Nir -: W ooler . then mounted the table, and said hehad •.• • to - renew his appeal - to the Court for accommodation. ..• Tl r ,Cnter :BA aox.—Sir, I have already told yo u :that I cannot displace Counsel from the, table. MG . Wooler (after a short interval).—My Lord, I have to request that you will giye me some directions 'how I am to act'? - - The Cnser - BAam—Sir, I have only to repeat to you what I have already Said. Mr. Wooler.—My Lord, .I beg you may give pe remptory orders for my accommodation. The CHIEF BARONI wonder that you persist in this way. I shall give peremptory orders for mom— you may have it behind' the Bar, in the box appro priated to the defendants. . ~ Mr. WOoler.—Your Lordship sees there is no con venience. —(This, like the former appeal, ended, in Mr. Wooler 's remaining in the same place.) After the letters were read, Mr. DENMAN claimed a right of examining Mr. Pearson upon oath. As they were tied downto the words of the affidavit, it was but just Mr. Pearson should have an opportunity of explaining parts of it. The Citrar Liatow.--I can have. no diificalit is allowing you. . Mr. Pearson being sworn, denied .that he evee'c'ar vied a letter from Major Cartwright to Mr. Peed), .4 that he knew of any such letter having been written. Ile had never said to Mr. Peech, or the servant, that lie knew of such a letter. Never saw Mr. Peech be fore in his life. When witness said he knew of Mr. Peech having received summonses before, he meant in other causes, not this. Mr. Lee was again called, to know whether a se parate summons had been issued to Mr. Peech for this cause, or if the cause was only mentioned amongst others upon which he was to attend. The witness could recollect tiotbin but having directed the war rant to the proper Officer. Joseph Sailing was the person who received the Sheriff's warrant, but he had not time to have all the isuiarnonses served. Sent some of them by common carriers. Believed there was only one summons fur ill the causes in which Mr. Peech was to serve.— this:the.names of all were mentioned. Mr. Peech ti e s fifteen miles . from Warwick ; the sui nmonses werejitade out on Friday evening, but not sent off viio:three o'clock in the afternoon of Monday, er;:isi-eiamined by Mr. HlLL—There was a case ottaile Newdigate, in which Mr. Peech was • T d r iea 'As a -Speciad•Juror. There was a separate summons tent to him in that case. •I, 4 igung—l will hear Mr, Hill upon the eitdcnce. - ; Mr. 11114.4)4 made some strong observations cm tie case which the evidence addufed made for the &find:Mts.' conte.n4o..tipt ep. - the..osh&:Aido ttitiC:y4s ; uo all--no : proOlt.ai to Any ser- , vice whatever. stimp39o.4. _ conwpon carrimis ice them.. NV it And distinct allezationLin son, or the disav not denied that not in this case. By law the deferulaUts had an un doubted • right to a Jury, not only of twelve men, but of twenty-four good and lawful menu able r and obliged by the law to serve, out of 4om a proper, Jury might be formed. Of this numb., only foua were forthcoming—of the rest, the law had• dealt' fairly with the parties; it had done all, it could to bring them here, but there was one, who was not asked . to come at all. The neglect was then in.the officer, whose duty it as to further the admini- stration of justice ; but it was not the defendants who ought to be prejudiced- by it. In a case in Easter . Term, 1819, tried in the Exchequer, that of the King v. Goodman, the position was affirmed that a party had a right. to twenty-four able men to serve upon in . person, in order that the defendant might suggest all objections which would occur _to • him. .many of which might have arisen after the service ; of the summons—many after he had come into Coast. There shou'd be a rule of Court for striking A .new_ Thereswas also another objection as to /the iime, of the day when.the summons was served. To Afree at,two in the morning, in order to be in Court, st ine,, wis a rigour unknown to the law. Thera should.be always allowed a reasonable time to the party tforprepare himself. In the city of London, if a sabpdma be served in the morning, the person was not required to give his attendauensbeitime day in .any of the Courts at Westminster HA Thas had been frequently ruled. Then how inuch stronger Was the case here, where the party summoned lived no less than 14 or 15 miles from town, was served, with the'orderin the middle of the night, and' la boured at the same time under severe indisposition. On all these grounds the -Learned Counsel said he would challenge the array, but he would reduce the challenjie to writing. Mr. Serjeant VAUGUAN declined arguing in reply. The CHIEF BARON.—I think the arguments used go to stretch a point of form to too great rigour. If them is anything in the objections, the defendants will, of course, In another place, have the benefit of them. At present nothing has been offered to shew me that we ought not to go on with the trial; but I must say, the Learned Counsel for the defendants have made as much of their points as possible. Let the challenge be quashed. Mr..Hit.t. said, he bad another ground of objet-' Lion, which was the urindifferency of the Master of the Crown-office. CHIEF BARON.--I will hear you if you choose to proceed with your argument. . Mr. HILL.—My Lord, I desire to be suffered to argue this; I conceive it a strong ground, for I can challenge a common Jury. Under such circarn stancescl submit that the emu of 'hewing that a spe cial one is not subject to the same challenge, lies with the other side. In the case in Strange, oithe King v. Johnson, a challenge was made to the Specia l Jury, on account of the unindifferency of the r of the Crown-office, and it was allowed. The same doc trine was laid down snore forcibly in a recent case, in the King's Bench, the- Kin and Wooler, whore the Master cif the Crown-office was declared to be a Judicial, not a Ministerial Officer • and it was de clared that he should be perfectly indifferent between the parties. Mr. Wooler, for hinuel4 urged the same objection. He stated, the conduct of the Master of the Crown office as reprehensible, as he painted it to be in his own cast, which had ees first mentioned. At first, this Officer contented hitoself _with using A discre tionary power of striking out what names he pleased, but when a list of strangers was• presented to him, men, whom he did not know, he boldly asserted his right tp pack a Jury and make one of his own choice. He (Mr. Wooler? loudly protested against this gross violation of justice, which, under the pass port of forms of law, wounded all right; but he be lieved it was from his inability in urging this great point, and because he had not entrusted - it to a Barns ter, that more attention was not paid him by the Court. It was ruled, that the Master might use his discretion in selecting names, bat there was nothing in. that case half so gross as what was done 'here. The. whole array contained but one hundred names, and amongst whom were the Grand Jury of the county, who, upon such slight evidence, found the Bill, and the great majority of whom were either *sons in place, or others looking for it. They were, in fact, servants of .the Crown; and it was but natural the Crown should have recourse to them, when it meant, to assert what might be considered its right. He asked, could such men as that Grand Jury be fit persons to serve upon a Special Jury, in an issue be tween the Crown and the subject ? __ CHIEF BARG/to-4r= the MitUre of your argu-. meats,, I know you cannot be ignorant that I am not , the person to whom you ought to address them. I : cannot make an alteration lathe Jury. I am only a Nisi Prigs Judge, and cannot alter what has bum done in the Court of King's Bench. Mr. Wooler.—My Lord, you are Judge here, and may contronl. COIEP &too:lr.—My duty, as Judge af t-Nisi Prim, is limited and well defined. , ...I Mr. Wooler.—l was using this as part of my mul to chew the grounds upon which I .chat et array. We are charged with a conspiracy against the Government; I was preparing to skew the conspiracy of the Gavel:num* egsliest us. if I establish this conspiracy against us, mutely your Lordship will make an order— Cider Bsaos..-4 have before said, I mita** no order. Mr. Wooler.—Your ILordship aluOt veirmihilisay that the circumstances were wok am yowl* pair. self obliged to make an altendilis liis Cuter Bason.—lf I were Isslisurielsilimpidlia impeached. r ...A • i , •44:00 .Nlr-Wooler said, his 41 save Melly, stint, end, though, after %what fries Cent, k saw little hopes of success; yet smadd be persevere, sir,: Skiff that if he was persacuted,it waiddaet be ia the dark: He would sum. up his arlotaseuts by sapiag,. that after the Illmairaf the Crammigiffice bad 'strut& the Grand Jury otwenhe anap, them there remained but 56 names out 4t aer chaose.44l. t His Map,' th eforertould nut heiettaliect frottua lamer pumper ..• !,;1! 10. 0, .ry, • .. , ,to Were Only four Specials in attendanCe. &W.._ were purinto requisition, and out of a great number of names, the following answered: - . . John Bernard_ I Benjamin Hughes . M. Barmasf John•Warbury James Littin - Jahn Denson. Thomas Salt Bdw-Shuttleworth V% hen the. book was 'handed to e forentan, pee-. vious to being sworn, • • ..-7 ..--- _ .. Mr. Woksler, rising up, said," Will you give molester to at you one-question?" Cour BA son.—lf you state your question I will put it. - • 1 Mr. Woolen—Has the Gentleman ever given or expressed any opisdon upon the Merits or demerits of this case?• Cater Banos.--That, I think, be is not obliged to answer. ' The Juror, of his own accord, disclaimed having given any. The same question was rut to the other Jurors ; but by eon nand of the Court ihey declined giving any answer. Mr. Hughes, a;oletroass; was about to.be sworn; Mr. Wooler.—Pray, Mr. Hughes, will you Indulge me In an' answer to my gondola? . • . PEICT Baum—Yes, !think as Mr. Hughes is not a Special' 'iron he-may answer. 'Mr. Woolen—Have you ever given any opinion upon the me an or , demerits of this case X.—Sunin—l hive nor.. 'By Mr. Lawn.—What profession are you? Char Datum—The Gen:lessan must not answerthatspandints John Burman, the next Juror, was asked the aanatogisidsou; but helitating to reply, . - ista M path r. Winer y. said—l object to itielarymaa, on ileahiii4 ,, ,lik , , .. Mr. Ca.aaxa to the Juror.-.-HaveyOt aid, atisaytinte,-*h6. elanthese defendants were or.wece flotilualfY? • • Mr: •.—Sir, that was not my question to the (3entleman. ' ' Stri- • I endeavoured to give the substance of it. Mr. Winkr..—My words were intelliglble.enotigh. To in or-' ainary ondirstanding they would have conveyed my meaning. %fr. Cusses—Sir, you forget to whom you address this beetigee• Mr. Wooien—lf I have spoken improperly, I am open to the' arreetion of rho Learned Judge. Mr. Cumin—NlT Lord shall decide. The Juror disclaimed having given any opinion. Mr. Lawns.-1)o you understand the question? . Cur Baaosr.—Mr. Lewis, you must be more on your guard.. .1 anstiter the observations unhandsome, and improper. Mr. Wookr's meaning was verrintelligible. • After being interrogated in the same way, the{ .other Jurors were sworn, and the cause commenced. Mr. BALGUY opened the pleadings. The indict ment charged the defendants, George Edmunds,' Charles Maddox, John Cartwright, .Thomas-Jona than Wooler, and William Greathead 'Lewis; with being malicious, seditious, and evil-disposed persons, and with unlawfully and maliciously desiring and i ntendin . g.to raise and .excite 'discontent and-.disaf fection in the minds of the king's subjects, atudin , tending .to move them to hatred and contempt 'ef the Government and Constitution as by law etre blished, a n d of the Commons House of -Parliament as by law established heretofore: to wit, on the.l2th day of July, 1819, and on divers other.daya and times, as well before as after, with force and artsis-at . Illieminghain, unlawfully, maliciously, and-seditious ly, did combine, conspire, and confederate with each other, and with divers other disaffected and illrdia posed persons, for the purposes above-mentioned, and unlawfully to nominate, elect, and appoint a person to be Representative of the inhabitants of Birmingham, and to claim admission into the House of Commons as aMember thereof,neithei they, the said defendant, nor the said other conspirators, nor . the inhabitants:of Birmingham,, being then lawfully authorised - to no minate,elect, or iippoint any such Representative; and that they, the defendants, and various other per sona, in pursuance of the said conspiracy, assembled to the number of 20,000, for the purpose of hear ing divers scandalous, seditious, and inflammatory speeches, resolutions, and writings, concerning the Government and the House of Commons, uttered for. the purposes aforesaid. • The defendants, &c. so assembled, were charged with having uttered speeches of the *above descrip tion, for the purposes already stated. And that the, said conspirators in further pursuance, &c. - did with a loud voice say, utter, and publish divers seditious, malicious,' inflammatory matters and things, of and concerning the Government and Constitution of this realm, as by law established, and of and cttncern ,' ing the Commons House of Parliament, as by. law ' established. . And the said conspirator. did aid and assist in causing . and procuring one Sir Charles Wolseley, Bart. to be then and there nominated and appointed the Representative aforesaid, and to claim admission into the House of Parliament, as a Member thereof, . neither of the said conspirators being in any manner, lawfully authorized so to do. . The defendants pleaded Not Guilty. . Mr. Serjeant VAUGBAX then rose to . address the Jury. It was a pleasure, he .said, to him, to be at leestkipermitted to address them on the part of thel Crown, after so much of their time bad been already ' waited. The charge under which the present de-' feedenct lay, was that of a seditious cttsspiracy, and truly.. if. ...ocni- were to be estimated according to the degree of danger which they inspired, this was a Misdemeanour of the 4rst.lass. For what could be Mere criminal in subjects, than by words or actions to excite discontent and disaffliction in the People to wards -the Government; to,straign the integrity of an important branch of the Legislature; to assert. that the House of Commons was not the Represettta ainotthe People, and attempt a reform of its pro ceedings by outward.vialence.. and by their own au thority la . Although the whole -indictment furnished special matter for consideration, yet the. Learned Ser. jeant said o -there were cartel* parts of it, to 'which he d wished to draw their, parxiculac attention.- These he would swap 4091 h-sad. he was 6117, they would 100 easily disposed-of. : In ever) criminal inquiry, it *slivery -desirable the, Jury shOuld have a right no tion of the charges- preferred, (heir nature, and extent hlcrethe amou,at-of them was this:. That the defen dants had conspired to excite diwoment and disaffee. tion tewardsahe Government, and that they hacrpro• cured a Representative for Birmingham unlawfully,ii and- without proper authority. That 'they had idso in-. structed this Repretentative to force his way into the' HousegCoMmons, and to use all his efforts .to bring about atutge there. Now, to these acts, the objection was I s; cunt, the defendants met without the sal, mica** of the King's writ, andt hey were guilty an icregaut and ptesumptuous usurpation of a poWtr 9r leglsrationO for one branch could not alter whet-hello= the work ofildl three. Without going' back to .the trierrdetk pertitds of .our history, when, the fin of his own motiotkcallcd uicu to Parliament, certain that by the Constitution as now esta 'shed; this-Was A gross halation of the prerogative, I .an assumption of legislative power. Altliote.'a "ing, in early times, could call persons together 'ornament, yet even he in the present day could „take that alteration •in the Con‘titution defendants, in their persons and by their own iiu aority;attempted. The King could not issue nee writs, that is, he could not give the elective franchi.e toa placewhieb had it not bcfore—his incapacity se to do was declared by Act of Parliament. When di; country effected •the -Union with Scotland, the Act .of Parliament which sanctioned it declared, - that whilst England should have 513 Members in t:.e House of Commons, Scotland was to have 45. Therefore any increase of the number, or an; eltera tic.' in it, would be a violation of that solemn talcs to which every branch of the Legislature Wai eledgcd By•conse_quence the King had virtually abdicated. and formally parted with his power of ir.creasinn the -Members. of the representative Legislature. power then rested only in the three branches of' the Legislature together, unconstitutional in the hands cf any one. So much-for the objects of the censpirKcy, but as to the conspiracy itself, or the means ethic were used to carry these objects into -effect, it had always been looked upon with a particularly odious and jealous eye by the law; so jealous, d 7 olat Even where the purposes were legal, the Cons ituor m bath ever set its face against combinations. But lac much more obnoxious must they be, when not atly. were their objects illegal, but the :Leans of carrying them into execution so very unconstitutional ? Th:s was not the place to go into any idle discussions upon Parliamentary Reform. Whether it would he advisable to extend the elective franchise more wide:, or to unmake some alterations-which time and Cir cumstances had made in our Constitution, was not now the question. The only consideration was, a•hc ther the 'defendants had taken the proper steps to ac complish these objects? It had been already seen that such a power was vested only in the three brandies of the Legislature, and it followed, the more each iedi vidual signalized himself in arrogating to himself that privilege, thegreater was his guilt in the eyeei the law, .HavinganadetheSeprefattiryobservationsalieLe arne d Serjeant said he wasnaw come to-the facts of the car-, and he would endeavour tostate•them simply , and. as they applied to each aaf the .defendants. It was known to every. Gentleman on the Jury, that about the time its question, ,and.- for u-coosiderable Ferind preceding, greet distressavaslek in the mantilactur- Jog tlistrtcts. Ther werro.perhapo, ' also aware, that theae.distresees were irritated and fomented humans 9f Robli;.llleetings, and "-by the-efforts of some dis *limed men, wheee.care it-was to infuse into the nixie of thePublic,..the notion Met . all their miifur. Atoms were owing to the miscondiect of the Governer% tug( the baseecrtruption. of..the House of - Commons. Oral all aides napainowere spared to inculcate thoe falsehtaitis,.aind continued acts of people served le-sheiiv at Whoa.,sluors -they laid the blame of dis treaseud-which .were entirely 'the Offspring of circum statues.. ,Action is-not far removed from conviction, aod_thegreatobject-Was to Mahethentshew by over: 4cts.RfAustragetire:sento-whieta the- - people had of the ~perity, of the-Commons House of Pat nutmeat. Like 4oule Attire. of its. wealthy-and restless neighbours, AirmiqglabihasithoulisfOrtone to be visited by etch I:Pena - she hkcl described. -in every part of that oleo Jant,towo there were persons to be found svhtise bush ameasitwas to revile the Constitution, and"awae par ticularly the House of Commous. Frans such bests wittles arose-the Meeting, for assisting at which the de fendants were now.to answer, It was on the Sd of July that the Clem ofthe Peace had notice of the Meeting. and almost 'immediately after a Secret Meeting was held, where the Resolutions to be proposed were di gested and arranged, and to which the defendants now on the Record werelhe only persons pricy It would be found in the evidence, that Major Carta wright arrived at Birmingham on the 10thn and the same day took lodgings. He was immediately waited upon by the defendants, who called that day, Saturday, and again on Sunday—the Meeting was fixed for Monday. Everything had been arranged between these persons the very day previous to the Meeting. It was, of course, impossible to let the Jury into the ,cabinet secrets of these men, but the* overt subsequent acts furnished a strong' probability that the Resolutions which were proposed next (147 were all arranged and digested that . day at the Major's. They were therefore closeted together, and acting together before the-Meeting 4. And, what was more, they had two flags, the inscriptions on which-would be found, entirely 4A unison with their avowed., political feelings. - 'They wet* necessarily such asaeerned most likely to.excite disaffection and disco/Matti towards the Government; one was ".Major Cartwright and the Bill of Itigtiti% And Liberty. -- Thia was a bill.which.was afarveurjte with thosewho called themselves Radicals ; the other side had th: remarkable wards " The Sovereignty of the People.' Indeed, it eras no. Matter of surprise that they 'heath, have enlisted. ender such a banner, for they were aboUt to exercise an act of the highest Sovereignty . .oneWhich.the. Constitution done dto the King him tailt,-oothing less .than. to .altet.the Constitution of the Realm, and givo,u; a new Reuse of Costumes. The language they used was entirely of the same cha racter; the despotic hlajesty . of *the people was as serted; the House of Commons.Waspainted as-having betrayed its trust; and the-people, fto whosilanitis it was returned,. were called upon.tcatweeeisintheir . 20- vernignty without reserve. As.to the other flag, one inscription was, " Sir Charhes Wolseley and no Cora Laws." He- d id not mean to say anything of Se Charles %Volseley, who was a Baronet of good fa mily in to do; hi m at premat be.had nothing to do; but if necessary, he could connect him with the Meeting. This was the Gentlemen- whom they chose for their Legislatorial Attorney. On the Other. side of the flag was, t, Jonathan Thomas Wooler, and the Liberty of the Preis." There was 110 greater blessing or curse in afrie country than a 'free Press. Let it keep 'Within bounds, and it was the best safeguard of our liberties ; but to What put :poses had it not been prostituted in the present day? Through it disaffection, • rebellienn• and discontent spread abroad the son' of „ th eir inatieece; it was the vehicle for "irreligion, the organ - ef private ma lice, and the engine to the hands of the Democrat. Long might the Liberty of. the Press be. preserved; and he sincerely hoped* never to see it shackled; but' every upright man shauld depilate the _uses %%Melt had Ludy, ie some.hands, been made of it • to was . The ShetifVof comae, did norserve absmaller oneLbut by leavir.g ouf a im-sitictea, . ,cottite ,„ , hitateibeAtiffaeliannal withouyigetilV A. cPa 4 . !shell arrarss ; • oat' sartnarao one affected .to clled,byintering hi pretest Ite'aVtat glimppypeosiip . and an What answer vas that•to • tjle positiVe eeditink tho_challeage to the Jury if writiag. • thekKit Ilezationsin the affidavit of Mr. Pei,. . The•C.:ittee Halos over-rnled.the objection, and to PAT.] avowal of M. Peech himself? It was desireekhe trial to proleed. % • • not m tt Mr. Peech had had summonses, but TlxV.lnrors Were then again called, but still, there the dcl rs _ _1 _r_ t . _ .•_ 6 _ __t_l_ "!?_. --... •therritv 1 I 1 ra 11 g a a Ii ti di tI tit sr 1 r G! ~*