The National Register. — London, England, 1820-03-27 00:00:00

i -ro4 I L 1 Trial of .3fr. !lune einstMued from Page Un.) the obsersations lie should 'wake lit them on this sub ject, it was their duty to weigh them maturely, but not 10 adopt them titilr-;s they wet with their perfect con currence. He would, in this ease, lay entirely not of ow question Int• ct,iiduct of the militaly and, the megis erates. Toe great is Hutt for consideration was the con duct of the mood tut this occasion ; and as the acts Of the magistrates, of the military, and of the constables, no.glit create a prejudice in their tanitels, he had cauti on sly abstained fruit* suff.tring them to be ins estigated or eon pained hi the course of the trial. The propriety of the cooduct of the has iduals in whom he alluded, could suffer their minds, in any respect, to be Aiwa' eel by tare moist irraf luny far their verdict would eye ate tether it* fasour or or in prejudice to the magistrates, consiabl- a, ar military empltoyed on the occasion in question. It was with a clew to prevent a prejudice of teat ktottl that rte bail, in the course of the trial (not, he 1101wil, tieconAsirnily with the situation he Lad), ourrd the defendant not to put a question which, point of Lew, he Was to do. He saw the way to which that ellic . lloll WWI propottioled and einbodied its the caw, and lie picture' that it could not serve the defeitelant. Ile therefore thought it was his duty to present tile qiiesti )))) lei i persevered in. For this and this reason only, lie desired the defendant out to pits the question. Be was quite sure that, in tots c.,e, as in all toners, tic Jury would rite to the detelitianta esery lair credit, which, ou a moiler cotisi aeration of the cc 'dance, they might appear entitled to -receive. It :the. ease justly admitted of doubt, they would give to the defendants • iii befit of that doubt, and pronounce, with respect in them, a verdict of ac qoittal. Ile uui et and triteed, and was indeed sans . bed, that if the evidefire imperiously called on the in to (Nome to a different couchision, they would come boldly and fearlessly, to that conclusion. His idea was, that ten: liquify should I e conducted in such a way, as, if possible, to give even ilie defendants themselves *mishit:- now as to the mode w hien it was carried on; so titan, if a ver-ici of guilty were recorded against them, titey might nate Lill oppottunity of saying that their trial was an impartial one. Ai'trr th -se very . few preliminary onserv.ittoos, lie should proceed to point rent to the J ury the nature of tie present iodic-intent. It contained a coarge of cou,pirary ; it contained a charge of tiolawful assetunly ; it tow oiled a charge of riot. Hot, eat the se:iecl to tie charge of riot, ha would not propoond !rt them any oft,treations, because lie conceived that the conseleratiem of the oilier charges alone r e mained for tn.-n. Tile circumstances of the conspiracy, as they were stated in the halo:intent, Were Ihe,e :—The indict s:wilt set fin th, "That the elek:ndatita conspired to nivel, and LO can se aod procure other periling to meet, lor the pitipose i.fdisulrbiu the public peace,aell thee° ttttt ion trenspolloy of the King and realm." 'lids was one count; awl it would he tOr the jury to say, whether ally einispuracy was Iliad , Mil, so as to all(110lizt: them to tied a seithet of guilty. The- as further charged, that the eie.entlafits tit t tom:tiler for the purpose of ratsilig acid exciting dist-omen; and disaffection lei the minds of the sot t o-els of our I.orel the King, and also to incise them to contempt and Barred of the Government and consti tution as by 1.. W established. Theretinet there es ere here three heads 01 citarge—lst, that of a seditieus meeting, to disturb the public peace; a 2el purpose Was to rate mod excite deco lent and disaffection in the towels of the sot j, cis of Ole Kiliti; ! atiti the 3d purpose was to Illeite the subjects of the hitiA to cotitempt and hatred of the Guyer ttttt ent and consttution of the realm as by !aw . established. The unitisefnl assembling was statcu to be Willi two different views; and if the existence of either oue or the oilier of those views were made out in evi dence, it would be sufficient to warrant a conviction. Tor first stew citaneed Was, that the defendants, by them-Ages, awl alt-o with various other orisons, unlaw fully, wanuwusly, auel seelt tously did assemble, for the purpose of raising and exciting discontent attei disattec non ni thetnintis of the liege s objeets of the King.; and, lit, with a view to excite contempt and haired of the Goner it atod coostitution, as by law established 'J'hereiore, the meeting, winch ill the first insiaiire was en.irit,ed as a cousintaey to distort. the public peace eves, ill the next place, desernwil to be an assembling i'.r mite sot ethic purposes whims he had stated. Another count 11Wl hal h, " lisat use titre ortanti rut alill .n1.111614:0, Augt.thrf with thieri ettirris , to a %cry ;treat uutnue r, in a tureatehing tiled tileitaeing noon err, wars sitcks atid WWI olfri,slee w: polo, dll:1 With d•vris seditious Ain 11,itLS on .whicti hit re were ititlaunnatory tool devices, 10 tic areal terror of toe le ..ceable stoijects lei -um Lord the King." Oile of the purposes, therefore, to tilect witocit they were chanted with unlawfulfy asseiti ,Jst ag, was tU excite disconieut and di. lect in tile stoma of his lajesty's stiloj -ets; awl 2diy, they were surged with meeting in a isteloach.g manner, and in military array, in order to effect mat il:egal object. Oto the suited 01 unlawful assemblies, he would quote SeriCallt Hawk i ns, prrietps the beet writer on the griebliolll, sated as ite , essarily cunstittitinA an tioiret tell assembly. foe said, 6* any isieeitog wit-Amer, of a great &homier of people, with melt circ ttttt stances of terror as al.' not but catilati k wir the public peace, and rase fears and jeamostes assent% the King's su jeClf, scents properly to b eroded all 11411JY/fill : %Viten', for ilatleOlCe, I:lose great hers oar tog a,,itte arleeirov:e to complain of, MA .01 hAlllo4l,c 0. e t tse „ s ,o lo g t h e IVdy let rlsololot es 01 Ili.tt grievance, iw 4.ihicr li.eae eiittorrsiai.et s, uurole Site W ill 1114% tit ,tie virill U. MACH a 1111V.11446 " Air. Serio..aot 11 G i o.ittot, tfh 11, was, " unit a areal number UI p.tip.e, met .1415 too .1f stir it elftUlll%lilllCti , as cannot loot einuniger the public peace, and lalce leafs aut..us the how's stitjems, wits lilt uuhawl i hl asseotimy." ilotto ow a liu4Celi, as Lill tliellipl•tieatitill 0: lIH owe , t un , fe swemig togtillVf armed, a Thal, I, n4llllOl tbliCtilido) tv•arkke ' , Ammer." neettssart , tr. cnu , liunc ah &II We. .c,o;traisursoxt , ti a itscsostil " tudase• THE NATIONAL REGISTER. greed the public peace, and tended •• 10 raise fears and jealousies among Ins:ll..p:sty's stiiijects," it was all tittlaw itil assembly, although tic poople did not appear armed. Tlieret .Oft t sue Of tae 10011005 the jury would have to ilreitle was, whether the ineetitiA now tinder consider at•tot entisisiesi Of Well now hers of people. and was cal led together under such elrellittStallCe, as could toot Inn endanger the public peace? It might be, that in a very large assembly,tilere were many persons entirely 1111101 el it of any improper et. Tire). might meet for what was strictly a ',mini purpose ; ate )et there might, in that meeting, he many other persons illegally asseinnled, who tni t cht s tan to make the innocent parties the instruments in weir 11110 , :a ;in effecting their unlawful purposes.— Now, he had 110 1111fiC1Illy in stating, that in all cases of unlawful assembly, they were to look to the purpose for which tie people met, tile manner in which they came, and the means which 'hey were using to effect their proposed object. All these were circumstances which the jury were hound to take into consideration. He had no hesitatinn in stating to tnetn, that it was not IWCAU,t 11 meeting W. 1% composed of 60,000 persons, or becaute it was a body (111/1111111g children, :isat Inereiort m,ab All unlawful a.5:.11.141%. Th t alum- her of persons might feet tanner such circumstances as were not calcuinted to raise terrors, fears tar jealousies, in the mistily of the people to the neighbourhood. But in an assemble so constituted, and met for a perfectly legal purpose, if . any introduced themselves illegally in order to give to that meeting au undue direction, which would produce in the minds of his Majesty's subjects, although 59.00(1 persons out of a meeting in 60,000 were com pletely intiocent, yet there might be IS: or 'tl illegally nun there, and those twelee or •.!O would be liable to be tried tau the ground of hating illegally assembled. It followed, that although a meeting might be perfectly legal as to the great bulk of the people attending it, yet if any persons, lay a plat, among themselves, introduced objects new to that meeting, by placards or any other means, which objects were likely to give to that meeting a direction toot lieliare contemplated, so as to produce alarm, or to endanger the public peace, and strike terror into his Majesty's subjects, those permits were liable to tie indicted for assembling together. The Zia!, as it was stated by Mr. Sergeant Hawkins, seemed to contemplate the event of immediate danger resulting from the meeting. He, however. Was not prepared in his own mind to say, that the appearance of immediate danger was necessary to constitute this offence. If in the results the jury were satisfied that, boot such an assemblage, accompanied by the circumstances he would loy•and-bye point out to them, terror must have been inflicted on the minds of his Majesty's subjects, leading to an apprehension of immediate danger, they would Rite a veruset against those who occasioned that appre hension. On the other hand, it, loon the peaceable demeanour of the people at the tittle, and the association of women and children on the ground, the meeting was not sufficient to produce a feeling of immediate danger, .hough it might of future d.ingel, he would recommend it to the Jury to tied a speciat verdict. If they found a special verdict lie would call upoti them to state: whether they thought the circumstances attending the meeting were such as were calculated to prouuce immediate danger. If they thought tint, they would then find, " that the persons had met under such circumstances as were not likely to inspire the fear and terror of immediate in:wilier, butt which were calculated to create a fear and terror of distant danger." With respect to the subject inf conspiracy, it was necessary to observe that the defen dants were not liable to be found guilty, although they wereserking the Sallie tilt!, if the Jute were not ulopinion that they were acting in pursuance of one design, with the privity ofell. It might be, in a case of this kmd, twelve or ;seem!, persons might go to a meeting, each of them introit:llA to sow sedition; yet, if each person itittoded to sow that !tedium', from the mere motive and impulse of his owl' initial, and not ill Cam tttttttt With the other parties, they could not be Mond guilty of Conspi racy. prove conspiracy, there was no necessity to skew the absolute meeting together of the panics ac cused. II the circinti•latocts were such as to induce the jury to believe that they could out have occurred without tile previous concert and rionlonation of the parties accused, it was sufficient. It tile CirCUlllataDCeS were of such a nature as to imply that there t have Ineni a , regions plan, that wouid Wallailt conviction for conspi racy. If, in this case, the jury should be of opinion that these persons could not have cootie togentes tit the way described—generally speaking, his a regular step, and approachnig a paint-titer place, at tile exact time they did —it they loeliesed they could not Cottle iu that way, ht me common order of eircumstatoces, without a previous useetiog between the parties, that Wall eel deuce of a precinicetted plan. Ban it the Jury were of opitition loot Owl might have met together by accident, *litmus previous arrangement, then the charge of con.. spiracv most be dismissed from their minds. A party expresstog au iiiteinitio to go to this or any totter Ineetthg might lettuce oilier persons who heard of it through to attend hoiit any previous design. They could only implicate, in toe ohetice of conspiracy, those persons who Me ee hooter mooted either actually were, tar iron' eactonstaeces most have been parties to tit for mation of time ociensal plan. 'Phone who joined in a a plait, thought at a late pentad of the ifallaatillas, could tiOt tie dutiututisheti lrom those weft eit hum it originated. isecanse thi y in feet agreed to all that had ureviolosly beets dune, and thus become conspirators. consitiering the warier of emopiracy, they must look to the case tot each iheteittlant, anti see WIIII wiliell 01 the tither aleltia (Uinta lie Coletitifttl. It 11101 he that, as to the conspi racy charged to this case. tiwy wo,it tar Of 01)111101a Mal alit and tote a . otte, 01 the present defendants, N. 19. COW ileetrd se:lii tile plan, 5% 1% as Ille NU:jeCt tir the COM' ni•ifitey• If they were smihal that one 01 Muse mien .lJitts. Ittgritter with ducts tither poisons not flawed, tad formed lilt plea, It would silt j. et 111.11 a:dein:mat awl alottr, to be 1 . 0011 41 et..i.y tat the Charge. ' rite tact 01 test 111 . 01;114 dial 110Lioiallti salon the saute ground ; breathe if in such a thectitts a, that Mt:its: lictoUtilt _ fur unlawful purposes,(that was to give animproper direc tion to the proceedings of those who were legally and properly met,) those 12 might be Hanoi godly of illegally assembling, though there was no previous conspi racy. iii deciding this case, they would take all the attending circumstances into consOleration. One of these eirCllitiStaliCei was, the appearance of the parties as if they had been drilled. %Vito respect to banners, hearing inscriptions, their illegality did not extend to every man present at the meeting, but on): to those particular persons who adopted those banners, and the s.oitiittents inscribed on them; or who, with a full knowledge of their existeuce, gave perfect confidence and co-operation to the meeting. So also in the case 11l drilling. It could only affect those who knew that drilling was practised for illegal purposes. If he knew that persons were drilled, for the purpose of overawing his Majesty's subjects, and bearing arms, and lie attend ed a meeting of that kind, and gave it his confidence, then he was guilty of attending illegally.. But, if on the other hand, he was present at a drill-meeting, not being aware it was met for illegal purposes, the law considered him innocent, because he was not laity to the fact winch alone constituted the thing illegal. As to the point, whether a specific assembly was likely to produce terror, future or immediate, the tact might he pour(' in two ways—by showii.g, on the one hand, that terror was actually produced, or on the other, by proving the abseuce of all terror. To show whether ter ror was or was not produced, lie would state the testi mony on both sides in this case. They would find in the evidence on the part of the prosecution, a great deal whiten imported that no Jig° . ehension of i 111 l nedi ate dancer existed; and the cheunistance of wot,en and children being present would be worthy of their cousidelation in that respect. An attempt to keep ileac,: at the meeting was admitted. But this might hate been done in orar to forward future objects. It might have been hoped, that, by this means, the pre pared seed would be sown, while those who pursued this course would wait till the time of harvest to reap the benefit of it. Having made these olotervations, which lie deemed it necessary to do, in order to enable thein to tuner at a correct coticlusioo, and at a pottier understauding of the evidence, he would now point uut to them what the nature of that evidence was. Tire Learned Judge then proceeded to recapitulate the voliti ll i 111 l us evidence adduced in the course of this inteiesting trial, briefly comnientitig on it as he went on. Ile observed, that a meeting of 60,000 persons, if they all came to a certain point, with the common know ledge of what was to be done, might create terror. — With respect to the banners, he again observed, that those only who showed that they were lavourafle to any motto inscribed on them, by carrying, tit inime distely marching under them, could be considered as liable to any penalty which the illegal nature of any of their inscriptions ought warrant. It was given, he, observed, in evidence, that .11(mi:house was a religious Mail, and constantly read the Bible to his family—a fact stated to induce use inference that he would not be guilty of dui itlegal ur immoral act. It was also stated, that Mrs. Moornouse, though in the 'amity way, went through the crowd ; 311.1 it was not likely, if danger had been apprehended, t h at her husband would have per mitted I,er to atiend. With respect to persons walking lit the military . step, to which several witnesses had swoon it could not affect the persons charged, i nless 'ties weie proved to hate been cog,raizant of die fact.- 11 tili repe at to the iiiscriptioit " Equal fel:resew:atom tit dvatti," if it meant that those who adhered to sticri a staritiard would lose their hies unless they procuied serial they dr:ruled '. equal representation," it ausouoteil to sedition ; but if. as ith. Hunt explained it, the iitscription merely meant, that if the people rho nut procure " equal represent:llloli" tiny would he started . to death, it would out come 'Nonni tilt c haracter o f sedition. Agani, the inscription of "No C orn Laws " left the Jury in consider wilt:diet tile meaning of it was, that the Coln law; were sir opliitio.l%e, that eve!): means, legal or illegal. were to be taken, iii truer to get rid of them; or whether it was a their altiOrbsitill of disapprobration. In the 'rimier case it o'lit,hl certainly . tie sedition, in the latter it u turid nut. As to the cap of litre' ty, it was nue of the insignia of the M,411; and whew the Kilig went to Parliament, au officer of state always bore it be hint. 1 I (lita not, IhefelOte, of ne cessity, meats ally thing seditious. Vs respect to any stoppage of business occasioned by the meeting, it was prvitively sworn by a Veal IliaSS aet lueliee tor the de tentlantr, 11141 it was loil at all interrupted; and, ct r tastily, if any in let ruin ion 01 Illibllltsil bath taken plio:e, ill a great 'owl' like Nlatichester, it would base SATO easy to have calrid es iilrtice to that tact. When his !Amish's) had come to the testimony of ('hadwick, redoing, lite es Ilielile at letiatil, Mr. Seal ita suggested that, if all parties would agree, the le:hi:nig of ihe esitleine might be very notch abridged. Ad the parties awrettl. His Lordship then said pie would read the evidence, aild it 1w chatted any tiling material he beg g ed it nitwit be stig k tested, and h,. would lead it. ... Itaniford—l lease it rut irely to your Lordship's judg- Il irlit. You have had a itit'at deal of nun mitt. Sir. Justice Bayley.—l grotto: to trooliie ; )00 hair a tiitii to my sett icrs. His I.m.lim , r this cummwd in sum tip. !le said, the phrase sworn in by our of the A Mat asCS, as has ing been used by a person Suing to tl.e Meeting, 1141111.1," 'lli'lll they ..milu make a AJostvw of i‘latrenesitr,' seemed to he rucoo,ito o r with toe Iletiti al Ilbfrtittell (XiiitsstAl by the !storm:to on that slat, '1 lie Itarticil Judge continued his observations on the evictoce nil eight o'clock, *slit ii he atiptirtred the Court omit ,Nriooday iimmiris., 'w e eg g first, in v pit atter with tile ierlitt si of N(1.1111111, cikilictl in' Jiltr) tO :SIMI:till 'iron reaming the tiesssjapvis, li I ClAili CI 3.41.014 Ull the subjec , tuf tile trial. ------- - - _ LONDON : l'oiotr4 and by the Po optiLtor JULIN T%4106, MI LOlll'U, :0, Fitt