The National Register. — London, England, 1820-04-16 00:00:00

1.2 CHESHIRE SPRING ASSIZES. -410.- 140NDAY, APRIL 10. SENTENCE OF MAGINNIS AND BRUCE. At the sitting of the Court, Jacob Maginnis and James George Bruce were brought up to receive judgment, On the prisoners being asked what they had to say why sentence of death should not be pronounced upon them. Magnetic said, my Lord, this inan (Bruce) is in nocent : I am time man who shot Birch : but though I shot Birch, there is not a man who came against me but swore faktly. Birch himself savor,: falsely, and Pearson swore falsely. I repeat, that lam the ntati who shot Birch, and 1 can give your Lordship several reasons for it; but no man knew of my shooting Birch except myself. Bruce—Your Lordship has said that the innocent man has nothing to fear. I say now, as I have said before, I am not afraid of the sentence which you are about to pronounce upon roe. 1 can face my God, and wish a clear conscience ; for I ant innocent of the c r laid to my charge. lam ready to die , but if I die, I die innocent. 1 shall not be affected by your sentence, my Lord ; it is the law, and I will submit, I must submit, to it. But 1 shall appear with confidence and composure before my God; and my sentiments will be found the same at the hour of my death, if I am to die. The Chief Justice then addressed the prisoners at con siderable length, and concluded by saying—" the sen tence upon your crime is death ; and it is the firm deter mination of the Judges of this Court that your sentence Iklaginnis, shall be carried into execution on Saturday next—a period more early than is usual. Prisoners, von have not long to live : the period of your days is fixed; and I would entreat of vou to pass the small re ;minder of your time in humble prayer to the Great Disposer of all things. to whom alone you can now look for pardon. In this world the hopes of b oth are closed. The sentence of the Court upon you both is, that you be taken from hence to the place from whence you came, and from thence to the place of execution, where you be hanged by the neck until you are dead ; and the Lord have mercy on yoin souls: Maginnis.—Thank you, my . Lord. The prisoners appeared quite unmoved by the sen tence pronounced upon them. Bruce spoke and con ducted himself altogether with the most perfect compo sure. His language and manner were elegant. TRIAL OF SIR CHARLES WOLSELY, HART. AND OF JOSEPH HARRISON, FOR SEDITION. The Court was excessively crowded at an early hour, with the expectation of hearing this trial. Mr. Pear son, of the Oxford circuit, attended to conduct Sir Charles Wolsely's defence, Mr. Park of the northern circuit was with hint. Mr. Deunison of Liverpool, was his attorney. Sir Charles, who had arrived here on Sa turday night, attended early in Court. After some fe lonies had been tried, the case was called about eleven o'clock, and eight gentlemen of the special jury mi aowed to their names. Mr. Benyon, Attorney-General for Chester, prayed a tilts; and four common jurors, were sworn, to com plete a jury. Mr. Lloyd stated the indictment to be against Sir Charles Wolsely, Bart., and Joseph Harrison, school master, on two grounds. The first count charged that they had excited to tumult and insurrection, by holding a numerous meeting on the 48th of July, and addressing seditious words to them, calculated to bring the govern ment into hatred and contempt. The second count charged that they had agreed together to stir up the peo ple to tumult and insurrection, and to excite hatred and contempt against the government. Mr. Benyon then rose to address the Jury on the part of the prosecution, and had proceeded for some time, when Mr. Pearson (Counsel for Sir Charles Wolseky) re quested that all witnesses might be ordered to quit the Courtt The Chief Justice.—Let the witnesses on both sides leave the Court ; and let notice be given that no witness who remains shall be permitted to give evidence. Proclamation to that effect was made. Mr. Benyon continued, and in the course of a very long speech took a general review of all these occur rences which it was meant to prove in evidence. The first witness called was Johu Kenyon Wititerbottom, examined by Sergeant Cross, said he was a solicitor in Stockport. He saw a public meeting in the town of Stockport, between one and two o'clock on the 28th of July last. He attended in a building (a Sunday-school), near the meeting. The place is called Sandy Brow. He should think there were 4,000 or 5,000 assembled. He was not so near as to observe whether they were strangers or inhabitants. They were quiet at first. Most of went had sticks, which appeared to have been newly cut from hedges. They were not walking-sticks. The population is upwards of 2,000. There were hustings or a acafliild. Several per sons were on the scaffold. Sir Charles was pointed out to him as one: he knew Mr. Harrison, and saw him there. Mr. Hariaors taught a school there. Sir Charles had no connexion that he knew with Stockport. The first thing lie observed was a hissing by the wi Ile mul titude. The neat thing he observed was Passing sonic resolutione. There was a chairman, lie believed Sir Charles Wolseky. He should think they hail some persons of common sense in Stockport who could act as chairmen ; that there was no iiecestity for sending for Sir Charles: he heard all distinctly; he only heard Sir Charles say unaiiiitions," on passing the resolutions; he was in an upper-room, about leo yards from the scaffold. The people held up their Welds; lie saw them bold up their sticks, and coojecitired it was on account of the noise wade by playing on an organ. He was there to see, not take a part; he saw no respectable in habitant of Stockport among thew; at the time lie did feel perfectly secure, and entertained no apprehension for peace or property. Ile continued to feel that con- THE NATIONAL REGISTER. fidence throughout the day. He conceived that if they continued together till ii;glit, it would he daugerotts. Ile heard Harrison say, " The "loose of Commons was the people's servants; that it was as absurd to petition them as it would be for a master to petition his groom for his horse. lie said that there ‘l'ss a barrier between the throne and the people, which moat he removed either by force from heaven or hell, in miler that they might see whether a man it a pig was upon the thnme." He thought there was laughter. The expression of derision was general. Ilarrimni said, " The •ed will of the people was sure to prevail. It was all axiom that could tint he confuted. It might be necessary in some cases .11 pelllloll the House of Lords, who were, by :he •:ott -Mutton, placed in a different situation to the House of Common,'; but in the present corrupt state of things it was useless. and he would not recommend it." lie did not remember any thing else. The discourse was cer tainly received with applause. Sir Charles ‘Volseley was on the state stage, not two yards from Harrison. Cross-examitted by Mr. Pearson.—He was perhaps less, perhaps inure than 100 yards distant. There were women, about 11$) or 200. Perhaps there were children, he did not see any. He woald not say that there were not many children playing on the side on which he was. When lie spoke of sucks he meant that the whole meeting had sticks. The sticks were head up only once He could not take upon himself to say. looking at a meeting of b,OOO persons, what proportion held up sticks. He lived with his lather and eister. They bad not been removed from the town on that day; no old or feeble person had been removed ; no shop had been shut, no alarm was expressed. The organ was in the room in which he was. lie did not know that a chair man had been sent for. He had not a remarkable me mory; he was not accustomed to attend meetings. His attention was not particularly called to Mr. Harrison. — He heard him very distinctly. Here Mr. Pearson read a speech of Harrison's from a newspaper, and asked the witness to repeat it after him. Mr. Seegeant Marshall said, that it was not proper to read that. Mr. Pearson said he would have taken any other piece of writing as soots. His object was to try the wit. ness's memory. Witness said, he could not repeat it. Hesaw nothing in the laugh to distinguish it as derision. • He heard all the speakers, but none of them distinctly, except Mr. Harrison. Cross-examined by Mr. Harrison -a-He took notes on that day ; he had not got them now. The expression inclis.inctlv . applied to others; he heard Mr. Harrison distinctly. • Mr. Harrison was one of the whole—a pro animist one, he had heard enough; He • had thought Mr. Harrison spoke 'figuratiVely.'but did not understand his figures He thought the word pig was mentioned to excite contempt of the throne and King.' He had read in a.quotation that Mr: Burke had called the people I the swinish multitude. He had heard that a teacher in that school had said to the poor boys, if they attempted to be rich, they would ride in their coaches like pigs. ! • Re-examinee"—Willan, Lewis, Fitton, and Knight, were there, none of them inhabitants of Stockport. Thomas Bolton examined by Mr. Ashworth.—Lived in Stockport. He saw numbers of country people come into the town on the 48th ofJulg. He was lately from London ; he had been 11 months . in Stockport. He thought those that passed his house 'Were country people. They . had nothing more thah usual. Some had walking sucks, and were walking with them. He was at the meeting. He had before seen Sir Charles Wolseley go up John-street directly towards Sandy Brow. A young gentleman named Lewis walked arm in arm with him. He saw a flag at the meeting ; on one side was "no corn hill," 011 the other" utineraal suffrage, and vote by ballot." He had seen it first furled, and when Sir Charles arrived it was lowered. He was first 30 yards from the hustings, and he then got within ten yards. He knew the Rev. Mr. Harrison, Wilan, Fitton, Knight, and Johnson, whom hr saw On the hustings with Sir Charles Wolseley ; Hatrison at one time stood next to Sir Charles. Both appeared to bear part in a conversation that was going on. Sir Chat les on his arrival was received with loud huzzas. Great numbers of the people were townsmen : he saw moms! sticks : they were not more numerous about the hust ings than he should have expected. He stood 211101114111 the crowd, and gained high ground when lie could He saw Ito chair. The first attention he paitl was to Sir Charles Wolseley ;he heard what he said. He made a minute about an hour after, and could suite tha. Sir Charles had said what he had there noted. He was allowed to read it. "He was happy in addressing the people of Stockport from Sandy Brow; it was a place con secrated to liberty by the absence of friends he would be happy to meet there; and he trusted Sandy Brow would be more famed in history than the field of Waterloo. Was there a peace.officer present, lie trusted tiny came to keep the peace, and not to break it. But was there any of your spies, your note-taking or black-bobk gentry, tell your employers, the tools of a Castlereagh and Sid mouth, that 1 hate them, that 1 detest them—that 1 eternally execrate them. He was proud to say, that lie was at the taking of the Bastile its France—he should he happy to be at the taking of a Rastas in England." (11e saw nothing but the action of speaking with force and energy.) " And were all hearts but as firm in the cause as his own, they would soon : put an end to the present tyranny and corruption." He heard Mr. 11 o rison, but took no note of it, and now recollected no thing of it. Before he had gone to the meeting be saw ► man taken to a druggist's shop with his head very con siderably broken—blood Howimi down his cheeks. Cross-examined by Nit. Park.—The 111311 had been wounded before Sir Charles came to the meeting. 11.• was a cottutt-broker. He felt not the least alarm. He remained at the Meeting two limns. The meeting dis persed quietly. He had put down only a aniall part of his speech.' It was not all tittered in the same continu• ous part. His addrers was generally to the people to be peaceable. At the • the cap of liberty was put on use flog, Sir Charles turned round, and said something he did not hear. 'lucre was a demur. The cap was then hoisted. T• as Welsh, a clerk to Mr. Harrop, in Manches ter was tin yards from the hustings, and heard Harrison read a letter. lie made a few notes in the evening on his retina hoot?: the paper he now held was not the saute. He had written loose notes, which he had embodied in this paper, and then destroyed. Mr. Pearson objected to this paper, as not purporting to be even a copy of the notes. His memory might as well be refreshed by any newspaper of the time. Mr. Park .irgued the same objection. Witness, in answer to the Court, said this paper had been written a month after the meeting. Mr. Bei.yon contended that the paper was admissible to refresh Ins memory, but declined to press W. The Chief Justice said, it was the same as if a note had been made a month after the occasion. Mr. Sergeant Marshall thought it dangerous to allow this paper. Witness desired to trust entirely to his recollection - said that Mr. Harrison had read from s letter that the Deity had intended man for happiness, and provided a sufficiency of all good things to make him so; but as the majority of that meeting was extremely unhappy and miserable, and rendered so by their rulers, the inten • of tile Deity had been frustrated, and rebellion against government became almost a day. —Sir Charles arrived while Mr. Harrison was reading, who then ceased. Sir Charles was proposed to the chair, he thought by Mr. Harrison. He believed they shook hands. Sir Charles thanked them for the honour done him; he was no orator, bitt a determined friend of the . people, and a friend to annual parliainents and universal suflrage, and if any spies or informers were hearing him, let them tell their Castlereaghs and Sidniouths, and the others who employed them, that he abhorred and ex ecrated them and their proceedings. There was much Applause. Sir Charles read lime reaulutions, and put them ) the meeting. All the resolUtions were agreed to. Sir Charles after yards said, that he was a most determined grime of the eople, end should remain so while there was a drop of Mood in his heart; his political career had commenced is France, and he was one of the first who mounted the amparts it the taking of the Beside in that country. nd he would nut shrink from attacking the Bastiles in his country. Cross-examined by Mr.Park.—The meeting dispersed dietly at four o'clock. He was at the meeting quite nilisturbed all the time. He would have thought it SOI 'Amine to carry the sticks; they might have thought tfierWise. He felt no alarm. He was sent to watch 4w meeting by Mr. Harrop, publisher of a newspaper i Manchester. , Edward Shasycroft examined by Lloyd.-:-Was at tockport oft the 28th. July, and at the meeting. As ii as he arrived on the ground, Conies, a police- Ificer, was knocked dovin. The said he was a spy, o t ley would do all the rest so. Sir Charles Wolseley said tie * began his military career—(he was not sure of " mi litary," but he said some career. He took notes, but are them up to a person in M omitesier, who could not find them.) Sir Cliarless said, he had be en s : at the taking cif the Bastile in Fr lice. and he hoped soon to be at taking the &nodes in sins country. Cfll:3:MX.ittitied by Mt. Pearson.—He was there as sisting his father, who was clerk to the police. He 0 Aht military, warlike, or martial, was the word itsed, of to mat Oleo. Several other witness, a were examined, but their eetvs deuce was purely confirmatory of the lona g. The cos: for the ',nave • having closed, Mr. Pearson ad dressed the Jury for more than two hours in behalf of Sir Charles Wolseley, alter which Mr. Harrison rose in his own defence ; he begin by begging the patient hear ing of ilie Jury di l g his address, which he stated would probably occupy many hours. This patience he drew larativ upon, for he proceeded in a way that was OP preceilented ; tie read and commented on the charge to McGraw! Jury ; he read Jeremy Bentham's " Remarks on the liiiactitient against Sir Charles Wolseley and Mr. Ilartison"—be alluded to an article in sonic Review, which he said was written by Mr. Brougham, and declared that Bentham bad proved that the Jury could nut find them guilty without violating their oaths. He &chord callina witnesses. Witnesses were then called on the part of Sir Charles Wolseley. Jeremiah Garnett was reporter to " Wheeler's Man... clirster Chronicle" at the time of the Stockport meeting. This is called a ministerial paper. Attended to report the proceedings there. Has no doubt 3,000 persons were present. There was one circumstance which alarmed him about the meeting ; a person in the employ of Mr. Nacho wa• knocked demo ; that was before Sir Charles Wolseley came. He felt Ili) other alarm. Did yon hear the words from Sir Charles Wolsi ley, " thine your strength, for in a few weeks the struggle will be made and ended ? I did nut. A:toss-examined—Now belongs to a 'De West Riding Chronicle ;" that is a ministerial paper. . Robert Thomas Hanipson attended the Stockport meet ing is , . a reporter for Wardle's " Manchester Observer ;" lock notes of what passed 'loin she beginning to the end; was ult she Misting. ; felt no alarm hum what he saw ; mere was no Amin in Stockport; heard Sir Charles W"lseleY address the people to keep the peace ; he smile police officers lie said he had known police of break the peace instead of keeping it, and. desired the to to keep the prime. Did not hear Sir C. W olseley s. y, 11141 in a few weeks the struggle would he made si d ended; though probably would have heard it if it Ind been said. , (.runs examined.—The account in The Mirech,eler Ch server was given by witness i remembered has I iimi Amyl, I it was as foolish 10 petition site Ilenve of ( iiiiiiii ititiii, &skit a master were to go down upon his knees to Mimeo( his me nial servant to do that duty fur whirls he was engaged sod paid. Thinks Harrison said something like—" to petitios -