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

YORK ASSIZES. TRIAL. OF MR. HUNT AND OTHE: vouterit DAY. The Court was not so much crowded this morning as it was on the preceding days, the Attention of the inhabi tants of York having been called to the election of the county members. Tale number of ladies who graced the Court a ith their presence was, however, much greater thau on any pi evioas questi on. No less than tour were on the bench with the Judge. John Walker, John Willie, and several other witnesses weir examined for the prosecution, and cruss-examined by the defendants, bat no new fact of importance was es tablished by them. The case for the prosecution having ended, 111r.11.% Know, who is retained for aloorhomise and John ail, then proceeded to address the Court: He submitted to his lordship whether the evidence which had been ad duced, as it A ff ected his clients , was sufficient to implicate them in such a way as to render it necessary for their case to he sent before the Joey, ur whether his Lordship wou ld a not direct the Jury to acquit the m i iiiiii ediately. 'I he charge in the iudictinent did not seem at all sustained by any part of the evidence. The evidence, as it affected his two clients, applied to the 4th and alli counts ; the former charging them with assembling malicionsly on the lath of August, with 60,000 oilier persons unknown, for the purpose of moving the subjects of the King to batre I and contempt of his persou and government ; the latter with maliciously assembling in a for • table man ner, with inflammatory banners, ate. against the peace of the King, his crown and dignity. The second count charged them with riot, and with inspiring terror and alarm. It was now the duty of the Jury to apply the evidence which had been brought forward in support of those charges to the case of his clients, and to deter iii i iii whether upon any of them his clients were implicated. i if the assembly was declared to be what it was stated n the indictmeat, let the leaders sulfa what the laws of their country awarded; but what was the evdience that implicated Mr. Aloorhoure as a leader ? when was he introduced into the conspiracy? where was he introduced? and how had be conducted himself on the 16th of August? The first connexion of Moorbouse with the case under trial was by his taking a ride out to Bullock's Smithy on the Bth of August, to meet Mr. Hunt, who was coming to preside at a meeting to be held at Manchester on the Bth. He did not there see Mr. Hunt, but he met him at Stockport, where he asked him to his house. Mr. Hunt accepted the invitation. On the 9th Mr. Hunt proceeded to Manchester, and Moor house accompanied him in one of his own carriages . . The meeting had been pot off, owing to the objection which the The magistrates stated to the objects for which it was culled It did not consequently take place on that day. But if Ilia abject of Mr. Moorhouse had been to attend an unlawful and riotous assembly, why was it postponed, and why did be afterwards proceed to another, accompanied by his wife? Mr. Moorhouse had long been a married man; he had 11 children,and his wife was six-months pregnant with another. Now, could it he believed fur a moment that he would pro ceed to an anticipated scene of riot and contagion, accom panied by his wife in this condition ? (ismer these circumstances, the Jury would consider it as almost fanciful to implicate the defendants Moorhouse and Johnson. He would read a narrative from Mr. Moorhouse himself, which would show his knowledge of law and powers of composition. The Learned Counsel here read a paper of Moorhouse's, in which he denied it knowledge of most of the defendants, and stated the peaceable conduct of the people on the 16th, giving an account of his own conduct newly as it appears iu the learned Counsel's speech. Such being the case with his two clients, he would leave it with .confidence to the Jury. Mr. Holt said he had to address them on the part of the defendant Saxton. A case of conspiracy was seldom proved in its origin, and the acts given iii aid of proof should be of a broad and palpable character, which nut only proved the criminal design, but which should establish the fact itself.— He meant to say that it was not a mere casual or incidental act which could prove a conspiracy; it must he proved by stroag evidence. He (Mr. Holt) would notisay how many might meet, and whether all the people of England had a right to meet altogether in one place, for every right de pend al on the reasonableness of it. It should be recol lecte I, that when these public meetings began, in 1611, they were not considered as illegal. Immense assemblies were held in Spafields and other places, and coutinned without interruption until the Parliament, in its tear for the metropolis, passed an act—afor what? To pat down all such meetings? No : but to prevent their assembling within one mile of W estmoisterdiall during the sitting of Parliament and the Courts of Justice, SO that the right to meet was only restricted to a particular spot, the general right being left as before. It was the right of the people to meet and discuss proper subjects, and in the county to which he belonged (Nuriolk), lie had no doubt, that if a question not of repealing, but increasing, the ditty on the importation of COrti was proposed for discuwitin, there would be thousands attending at the meeting for such di,. emission. It was said, that stone of those were for waver sal suffrage and auonal parliaments. He himself con demned those doctrines as much as any nice, as lie thought that if they were bliecesitid they would prove most de @tractive to the couslitution. But this was a point on which the opinions of souse great men had been dittee coil. It might be remembered, that at the ilial. of Rattly and Horne Tooke, a letter Irons the Duke of Itielinsuild was read, in ms Inch that: doctrine was publicy avowed. Now as to the evidence against Sastoti. The witnesses aga lost bins could not positively say that wasoil the hustings before Hoot came. It aas said by a 'messes, that Saxton appeared to address the people, taut he could not heap Suppose lie was in the eau: atilt Mr. Hunt, that aid not constitiiti: guilt. It would be pi overt that SAVltti WA , a Repro tel for a Paper iii alonciiester, and attended to take 110 i es or a !i:tt passed. Mr. Horton was present as a pm r, 44:1 lie was nut considered as having meted ly ; ke was even lucked with why's. If SAXiilli ass looly skims the mere co cirtnstaiset of his being on the hustings, aby then Mr. I , l'2lllo'i , k was guilty, fur lie was on the lute tiugs at Smithfield, and inithe cart next to Mont himself ; but Mr. Fitzpati ick was there as a reporter tor the 41 Times, :4uil would, ilu doubt. he far front j• - lug ism any iinprol.er conduct; ll), then, should it lee ',aid that Saxton Was culpable, who was a rrpu.li i !lir a p a p er • ou astreient p F' It the Jar) should be sinl.tiVil Inut :las lint had had uu utile e coolie xion tort till Mil lisig than ire his cainlcity as a reporter to a 1 , i1111 . 1 . , I ley a mini, he lead no duabl, give him the benefit or ii. llainfoill ilex' addi rased the July, aml io a speech of stn rucousiderable Weill, demoted himself against the f s S~~ " .• NATION - ir . rrn [AL REGISTER. _ charges which we. c made against him. He was followed I by Swill. Healy, A mt Johnson, whose speeches occupied the C 6141: fur some time. At lia:1 past r o clock the coma strporned till 10 to w, at tt.e request of Mr. Hont, who said lie would require till that time, in order to look oier the very vela 'Moons `tapers to which he had to refer. Mr. Hone was followed to his lodgings by a considerable number of h s friends, who cheered him on his entrance. It is considered here, that the ease will la.; till Thurs day evening at least; and we mideistand that Mr. Justice 11A v Lev has despatched an express to Lancaster, for the purpose of informing the parties concerned, that the cases which he is to try will not come on before Monday the 27th. FIFTH DAY. According to the adjournment of the preceding evening, to accommodate Mr. out, the court did not sit this morning till 10 o'clock, at which hour precisely sit th is Bayley entered the court, and Mr. Hunt commenced his defence. lie said he had entreated the hour's postponement, that lie might be the better enabled to arrange Isis defence, but that he had liven so mods indisposed as to be enj tt tt ed therefore it medical attendant to indill;e. in relaxation, he had to solicit the excu,e ~t this jury for any omissis h might make, which he had no doubt would on be entirely supplied hy the kindness of the learned Judge, to whom he repeatedly se e‘presd his thanks for his pa tient impartiality. Mr. Hunt then went into a very long and able, though unconnected re ' view of the circumstances preceding and tine:ming the meeting of the kith August, and commented with aspe rity and great ingenuity upon the evidence. lie cow eluded by expressing his regret at the imperfect man ner in which he hed been able to defend It i ttt self. lie was sure he should have a verdict of acquittal. Ile would produce evidence that could not he resisted. Mr. Hunt concluded his speech, which lie began at ten o'clock in the morning at a quarter before three in the afternoon. He appeared to be quite exhausted in nody, bust at the same time as collected in his • das at the commencement. As he sat down, there was great ap -1 please among the audience, which indecency the Judge repressed in a dignified manner. it immediately ceased. I I The jury retired for a little, at the suggestion of Mr. Justice Bayley. On their return, and that of his Lo.d. ship, the evidence for the defence commenced. Edmund Grundy was the first witness called.—He was examined by Mr. Hoist. The witness said, I ant not in business ; I have retired from business. I reside near Bury, in Lancashire. 1 was a calico-printer. I have made no deposition. I was at Smedley , cottage ou the 16th of August last—it was on Tuesday previous to the Manchester meeting. I saw Mr. Hunt there. I recol lect a conversation relative to the Manche-tee meet ing, and Mr. Hoist expressed his intention of return• ing home immediately. I endeavoured to prevail upon Mr. Hunt to stay till the meeting. My advice had no intluence at that time. 1 think I left Mr. Hunt undetermined. I heard first of Mr. Hunt's determi- I nation to stay on the day following. I saw that determis nation in a printed circular. 1 saw Mr. Hunt again on the Saturday, August 11, at Smedley cottage. 1 remember a convention then, abont a warrant to apprehend Mr. Hunt I recollected seeing Mr. Hunt go to Manchester to the magistrates on that day. Il myself waited upon Mr. Norris, the rangistrates, with Johnson the defendant 2 we told him the report in circulation, that Mr. Hunt was gone to the New Bailey to surrender himself, and I °tiered to put in bail for his appearance at any time the magistrate might appoint. Mr. Norris said there wain° warrant, information, or intention to issue one. I was not in Manchester on the 16th of August. 1 saw some persons going to the meeting, but no arms our bludgeons. 1 have property in that neigh bourhood, and uothiug that occurred ou that day, or pre vious, gave site any fears for it. Cross-exanimed by Mr. Scarlett—l am just cosine into Court. 1 knew Mr. Hunt before the 10th August. I dined at the Spread Eagle with hint in January preceding. There was at Smedley nobody on the 10th but Mr. Hunt, Mr. Wullock, and myself. I found nobody with Mr. Hunt. 1 went to pay llunt a visit. 1 bad beard he was there. 1 learned this front general report. I saw a letter posted about the town, aligned by Mr. Hunt, on Wednesday. 1 was Mr. Hunt's bail afterwards. James Dyson was next called,and examined by Bamford. I reside at Middleton. lum a weaver, I was on the Barrow fields on the 16th of August, between nine and ten o'clock. There were 600 or 700 people there. They consisted of men, women, and children. 1 saw some sticks, but none except in the hands of those who usually had sticks—old men and others. 1 had thoughts of taking a stick myself fur expeilitiou, having experienced fatigue before. 1 took my stick with me on the top of Barrow-fields, and heist it to one John Barrel, who was infirm, and who was g • g to the meeting. They had not gone more than a quarter of a mile before this John Barren returned my stick. Here sum drody cried out, "No sticks shall go with us." The procession said, that they had agreed that no sticks should go. I said, one stick cannot make much dillerence, and they said I was as able to gum o nitwit it as they, and that must leave my stick. So luta it home by my father-in-law. left my stick, and went with the procession to Manchester, and saw nothing but peace and good linter We calked four abreast. We had nu disagreement by the way. 1 saw no insult offered, nor any interruption given to any person on the road.; except, perhaps, a jeering word. These words were used to people oho stood 10 see the pauses-inn. We pi oreecde.l in this ttttt er to tit. Peter's-field. Bamford then went upon the hustings. It.isas before Mr. flui d ', arrival. I SaW Mr. Hunt arrive. Bamford then was standing near use, about 40 yards ft um the hustings. This was at the tiiiielof Mr. limit's arrival. I never saw Mr. Bamford out tile Is wire efterwaids. 1 went nearer the hustings after sir. Hunt's as rival, but diit nut see Baitifind on them, our ‘,O that eay. Mr. Dant wished to ask the witness a question. Mr. Justice BA> ley said wily unr should c‘4loloe, to save (101 c, bill Mr. Bunt might call the witness afterwards. Cro. , .cxannincd by Mr. Sergeant k.—T hes e strigl,t be 111110 poi& that joined in the p races:solo Fr lltst to last. here were islet' who called . 6 keep order." We never had been mustered before August Ili.— One Sunday morning hefts. e the meeting 0 party of young men smut lied through the town, l went to bee them as they proceeded nsitvu the lane. 'fi.ey bind Ilie, inet at the Bill. They came 1 . 1001 all pai as. Sic el.:tinted together about ma hour sill Iniiille Mill. We is allsed together, and drilled, as it WWI ranted. 1 11tier di died w niy rte, but I iliarchell sill time lush s., :11 they d.d. Bamford was rod there. 11 e 110 , 1 600,0! ou th .t day. We unused at St. Peter's atra without much hating. There were 0.30 y diVi itis when sic arm ived. Orr h.oluers were take.' up to the hustings, but Bamford ordered them back again. We were not round the hustings. but altogether, every man stanitiog where he thought proper. I never heard Mr. hunt speak before that day. 1 was not at the January meeting. Examined by the Court,-1 ant married My wile did not go with me. There were many women. 'They went all the way to St. Peter's Field. I saw many of them in alatichestcr, who came from Middleton. The women kept along with its the whole of the way. There were boys and children, hut let en tell the untidier. 1 did not see the Middleton womeu on the field. The women who marched with the procession were the wives and daughters of the men who formed ti. It is customary to have banners and musical the wakes. The decorated cars at a :ekes go in procession. There are sometimes several cars iu procreation with rushes and decorated. Seven other wane/nes were then examined for the defence. The trial continued during the sixth and seventh day's, without any occurrence of importance, except the examinations of Mr. JOllll Tyas, a most respectable reporter for Ttik TIMSO , and Mr:Edward Baines, the proprietor of THE Leans M eitCUitY, both of whom were upon the hustings. The two examinations ap plied muleviatingly to the same points, the perfectly peaceable demeanor of the multitude.—We git e that of tile latiet gentleillan because we think it the fuller of tile two. L itvard Baines, examined by Mr. Hunt.—l hive mot giveit any deposition of my evidence. lam coimeeted with the Leeds Mercury. I have not read the account ut this trial in the London or other papers. I wits at the meeting at Manchester a um she Hith of August. I artist din Manchester at half-past eleven, aid was at St. Peter's-field its oalf-past twelve. 1 saw parties arrive On tho ground. flies advanced in rank, arm in aim, mid Ilit their tunval they we e received with three times three. They look up their stai IWO not in any regular manlier, but as near the hustings as tile) could get. They came in bodies, nut stiagAttng; some of them were atts tided a ith music and banners. 111,1 p.ayed many tunes, but Ido not recollect any of them. 1 toots particular notice of the sticks. My attention was draw ato tills, Irma previous information. I saw nothing in the hands of any one person but common walking sticks A considerable number had sticks, but every man had not. I could not say proportion;the I think they had not more sticks than on common occasions; 1 saw nothing resembling staves four and a half feet long, shouldered as soldiers do their muskets. I looked at all the parties as they came oil the field, and did not see it. If such a circumstance had occurred, 1 think it would have excited my attention. II advanced to the hus tangs, or.rather to the cart, which was in the situation where the hustings were afterwards placed, at half-past twelve. I remained in that situation till about one, when another cart, with the boards that formed the hustings, arrived. About a quarter of au hour was occupied us framing the hustings, and when they ( were formed, I mounted then). There was no removal of the hustings. I saw the several parties as they arrived. The meeting received accessions of strengths continually. One or two young men frequently recom mended order, during that time; mid the order was ob served as perfectly as under sods circumstances it could be. About one o'clock, some of them who came from a distance appeared to wish for some refreshment, and a subscription was made to get some ale from a neighbouring public-house. They however clanged their mind, and would not have ale, and a can of water was sent for. About half-past one, the proceuiou in which Mr. Hunt was, advanced at a slow pace. U was beaded by the carriage ia which Mr. Au ra and several otben k were. When Mr. hunt came, he ppred rather Got of humour at the manner in which the hustings were placed. He then gut on them, and seventh women were then lifted on to the hustings. They were dressed in white and had caps. They were 14, 1 think, in number, but 1 did not count them. They were on the average, about V 3 years of age, some younger, nod pane a considerable deal older. — The object was, 1 believe, to relieve them from the pressure of the crowd, a hick was very great. Two women had pre viously fainted, from the pressure. An attempt was now made by the people to force themselves from the hustings, in order to leave a space open round the hustiugs, but it only succeeded very partially. To the best of my knowledge the crowd was close up to the hustings all the time. Mr. Hunt then began his speech. I took notes of that speech in short hand, and have them here. 1 have also the copy which L wrote from my notes. It was someti tttttt difficult to take the notes, owing to the press on the hustings. Witness then read his account of the speech. It began—" Friends and fellow countrymen, I must entreat your indulgence for a short time, and beg that you will preserve perfect silence. — I hope you will exercise the all powerful right of the people in an orderly manner—the words " orderly manner" were nut its my original notes, but I supplied them from memory, and the stolen( e was left imperfect in the short-band notes. (The words " orderly masher" were used)—" and any man that wants to breed a disturbance, let him be put down. For the honour you have dour me, by electing me a second time to preside at your meeting, I return you my thanks ; and all I have to beg of you Is, that you will indulge us with your patient attention. It is impossible that with the most patient attention we shah be able to make ourselves heatd by the whole antis tremendous assembly. It is useless for me to attempt to relate to yogi the pro ceedings of the last week ur ten days in this Loan and neighbourhood. You well know them, and the cause of the meeting appointed for last Monday being prevented. It is therefore useless for me to say one word upon that subject, only to observe, that those who pot us down, and prevented us from meeting on Monday last by then malig nant exertions, have produced twofold tile number to-day. It will be perceived, that in consequence of ti l e calling of this new meeting, our enemies, who Nattered theinseh es they had gained a view, y, have sustained a great defeat. There have been two or three placards posted rip last week, arch the names of two or duce insignificant Min. skittish attached to it; tune Tom Long, or Jack Short, a printer." At that moment (continued the witness) I ob served the cavalry come no the gr I; they came at • rapid pace train the direction of St. Peter's chinch. They wet e w considerable obsolete , . They had out Iheu come into the crowil at all. hey halted, and drew tip m tiuut of that line of house% at which Mr. Buxton's 11/1111S *1 lie foremost ut them were in front of Mr. Buxton's house. have omitted WIC circumstance which occurred beiore the cavalry came. Mr. Hunt stopped in the middle ot 1113 speech, (tom what (abbe I (10 not know, null directed the peo!.le to give Mice cheers, ss hie it was dune. Ile them 111E11, d 11,111111 111 thole hear him, and said," There is some disotileren the ()MA it it is only to rally them, that's all." The ea valt y approached to r. xtoir's house. Mr. Hunt said, " Von see they ate in disorder: 1111 s is a trick." The casaliy, altel halting about three minutes, a