The National Register. — London, England, 1820-04-03 00:00:00

I 06 YORK ASSIZES. TRIAL OF Jilt. HUNT, AND uriunts. TENTh DAy. The Court met this morning at nine o'clock, and the names of the Jory bashig beeo called over, liis Lordship ; ruceeded to detail the evidence to them. Ile hail mop pet! on Saturday with the evidence of Shawcross, Which I.e now continued ; and a ent on to that of the last witness for the pt wee midi. The principal observation that arose out of this was grounded on the restitutions which were proposed and adopted at the Smithfield meeting ill July Lest ; which, according to Mr. Fitzpatrick, Mr. Hunt pro duced from his pocket on that occasion. His Luttiship would read diem to the Jory, in order that they might jtidge of the feeling and temper of the imlividual by whom they were pioposed , lie would make no comment on them, for the J sirs would see how Mr they were calcu lated to excite discontent in the minds of those to they %vete addressed. His Lordship now came to li the evidence for the defence. On the part of Bloorhouse and Jones it had been stated, that their attendance at die meeting so near the liostings was merely accidental ; and it was observed, that it' the object of the meeting was legal, and its illconduc peaceable, numbers would not make it illegal. In th e condo red. N anthers did nit make a meeting illegal, unless they were such as to excite a tenor in the mindo of Lifters, or to be a pi °liable cause of terror. Healy, in Lis defence, expressed a hope that his case would he jedged without any party feeliogs, His Lord ship hoped so too, He dusted the Jury would dismiss trout their minds every feeling w loch was not excited be the evidence before them. He would do his ditty (edict tidy to the crown and the people on the one hand ; and if lie did not do it to the defendants on the other, there was One above him, under whose e; e he was acting, and to whops lie was responsible. He &Meet ely hoped awl trusted that that Being would guide 10111 in the observations which he had to make, and the Jury in weighing well what he should submit to thens. (This observation was delivered to so impressive a 'trouper as to affect several persons in l'ourt even to tears.l It was true, as had been stated by one of the defeedaws, that tame there was no law, there could be no transit. essiutt ; anti if the Jury found that, at the time of this !meting, there was no law against it, they would give the defendants the benefit of it. Co taiuly the carrying of sticks or banners in the procession were nut in themselves illegal, and could nut be so, unless carried or borne Niel a bail iuitt'utiolt. In the address of Mr. Hunt, it was observed by hint, that his intentions on this occasion were innocent, and that the whole of his observations were add' eased for the preservation of the peace, and that the object of their meeting was levant—eh cumstances which would be wholly for the consideration of the Jury. lie would now proceed to the very vol 1111 l Mous evidence offered fur the defendants; but, as he said to the Jury on Sattuday, lie would put it to the parties whether it was necessary to go through the evidence of each witness. He did nut think that the Jury would find it necessary he less so, as it was probable that, by-and-by, tbey would be of opinion that the facts to which these witnesses were called were satisfactorily established. Mr. Hunt.— My Lord, we leave it entirely to your Lord ship's discretion. Mr. Justice Bayley.--r only wish that every thing should be fairly done, and so considered. Mr. Hunt.--If your Lordship should happen to leave ant any particular point of evidence, will you allow a. to call it to your Lou tiship's recollection? Mr. Justice Bayley.—" I will not only allow it, but I desire it may he dour; and I hope those concerised fur Me crown will also do the same, if I should omit any point of evidence making for the disc."—His Los &hip then went on to recapitulate the leading points of the de fence, as it hot eou the defendants generally. As to lialtuts, die Crown had very ;Howdy given tip the case against him. To hint it appeared, if the evidence of the several witnesses were to be earn ll ill eel, the conduct of the meeting was peaceable; and if those who attendee' it were innocent in their intentions in going to the meeting, they committe dno offence in so doing. It appeared from a member of witnesses (whom his Lordship enumerated) that the people went peaceably along—that there ode women and eh dilren up with them—and it would be fertile jury to consider how far their intentions .l have b e n t , peaceable when many of them thus brought Mete wives and children with them. As to their having cheered on the field, or at the appro. atice of soldiers, they hail a perfect right to do so: and unless the cheers wee e those of defiatice, they were quite innocent. Several of the witutesses (for the defence), indeed all of them who spoke of those cheers, looked upon theta not as cheers of defi ance, but as proceeding from a consciousness of inno cence. Many of the pe.sons, even the women, win n they saw the soldiers, looked upon their apples:tell as in Ito manner hostile to thew meeting. When his Lou dship, in summoning up the cattle'' , e a Mr. Tyas, came to that part which melitioned the hissing opposite the police office, Mr. How requested that his Lot dship would recollect that neither ms nor Johnson had given any elite:elitists to encourage outvlll 10 the people to hiss. His lordalop said that lie was about to state that fact to the jury. Having goer throngli the evidence of several other w i tn esses, ais iordship again called the attention of the jury to the raceable conlinet of the meeting on the 10th, and the fad diet tio person had lieu called to prove that any act of violence hod beta c 1111 l nutted helot e the CA. /airy come. 'Piero wets now two pit nuns which lie should put lot the console:idiot) of dm Jim. y, The hist was, whether the meeting WWI illegal in iis uaeuue, or in its manlier; (....1 the Sec (till!, how oily, and which of site defendants, were criminal in ji.inhig it. if the' meeting were pet lc" 11y legal, some of those w 1:o were pi went might have ai•ied tilegek , is it was the it intention to give the meeting awi dog direction. If any of the defendants ebonie s in the opiniou of the jo ry, have so acted; (hell they aould he entity of the crime of hiving met fur an illegal poi pose, though the it look of tie wetting might have be. n pet redly Jumada it: their iu lendt:us. If the object of meeting was to discuss or petition for reform in a peaceable manner, that would be I gal 'fleeting:, unless there appealed something iii the manner of assembliog to create terror in the wools of the people of Manchester. If melt lei cur were eseiti ii so as to produce alarm to the tools of Manchester, then the meeting would be illegal, and all those who columned in it would be guilty aan illegal act. If the jut) . beheved that the alai in excited was ugt produced by a fear of pie- TrIE NATIONAL REGISTER. lint tit 4 future danger, if the meeting had continued together, they would give a special verdict to that effect. They would recollect that there was no Mien melon of business on that day, and this would materially inlbeenee them in the judgment they should foe 41, aliether • diate or remote danger was to be feared. On the pal tof the Crown it was s uggested—and it might possibly have IIeVII so—that an ininiviliaie disturbance was not the ob ject of the patties accused, but that they looked to the lettere power of some minchief. It would be for the Jury to inquire how far this was pros ed by the evidence. he next question was, whether the meeting was nedresful as to the intentions of ally, and which of the defendants. lie looking at the ease in this view, it was necessary to exit mine the actions of the several parties. 'the meeting was . admitted on all hands to have be en very large, and one of the charges against the defendants was, that they had at tempted to excite, in the minds of those present, disaffec tion and discontent, and to produce a Mitred :mil contempt for the Government of the country, as by law estaleisheil. Let the Jury look at the fact. It was said that this meet hugs was called by 70.1 housekeeper. However, no one of those persons hail been called to prove that fact; ana as to the 'teenier in which it really was called, ur by whom the notice was given, the Court and the Jury were lett 111 the dark. Mr. Hun', it appeared, had recently befoie this been at a meeting in Smithfield, where certain reso !mimes lead been agreed to. Front thence, or at least soon after, lie was found in the neighbourhood of Slanelteaters He ass fleece before the time at which the meeting of the 'llth was to have taken place. Now, it' 'Mr. Hunt had intended to propose resolutions at the meeting of 11w lath, similar It) those which lie had proposed at the Sthfield meeting, it would be fur the Jury to say how tar they would be likely to excite discontent and disaffection in the minds of those also were assembled. He would've% (- this pan' of the question entirely to them, with olds thi• observation—that if' Mr. Hunt had suck object, and that the resolutions were calculated to excite discanlent‘theil quuad Mr. Hunt, the meeting would be illegal, and if lie communicated such intentions to any other, and that they approved of them, then there would be a conspiracy; and it any three of them went to the meeting with snot intent, the meeting would, as far as they were rowel stet', be illegal; for the law said, " three or more person . .." Court and the Jury went, not only on what was proved, but what might be proved, and Iw evifleitce had been odered that it was intended to submit any other resolutions to the Court. With respects to the flags which wet e carried, it was important for the Jury to look at the inscriptions which were on litmus If meg et those inset ip tions were illegal, or calculated to vartte diseffection or discontent, then lie vile° bole such dag, all those who were areauged under it were grill) of all illegal act, and, as fat as they were concerned, the meeting was illegal. In looking to the iuscr:ptions, it singlet also be elect:ism y to see how far they correspoteled with the resolutions which had been agreed to at Smithfield. There were " Culver sal Suffrage," " Annual Parliament," and " N'ole by real. lot." "No corn laws.' Now if the words "no corli laws" oiettet only that the laws on tun: importation of t tit 11 should he repealed, nothing was more hat inless than the inscription. The criminality of the motto would he ill wishing to have them so repealed by threat or force. .N thrr was there any harm in the wends " Unite and be free," unless the Jury believed that these was a Lail in tention in calling tor such union. The swat inset iption was " Ta maim' Willem' represeutatiou is unjust and ty ran- Meal." lt' by this was meant that it would be unjust dud eye - atone:re to tax any wean who had not 4 Stile for a 31i whiter of Parham. sit, It would be milan till, arid calculated to excite disaliCctiou in the minds o f ilium; tin a eta• pies, nt, a great body of is I hail not votes. — dui it was quite all error to suppose that ti.ay until in the country was uurepresented. Leery Member of Path:latent not inily representiel the particular place fur which he was chosen, butt also the whole of the kitigd 1111 l , mind It was duly to attend to the interest of the cormery tit large. lie would tl cr.:fore be open 10 the tlisltratlioll and advice of rsrn nee. The Jury were well art are that it was nut merely the ism king chassis sohich were excluded from the right of voting, there were men who Lad copy 'add property to the a ofthousndsu year, 0110 had ri, lit to vote. A man alight have a lease fin 9911 years of vet y large pro• peels w ith o ut a sight Ms votio, :c u d so it must Ise ; hut nual ally mail tal, that these 0041 went' d, or t oat their interests were not consulted, merely hec..usi , they thenis. - ives did nut vote? In these o teervatinas the Jury would only go along w ith hint as far as they coincided w Ito their own upits'enis. Another hamlet llatt the. itiserip twit, " Lat.trui is the s 1111 l c, ill tie:toll." SO it Isll. 41111 so he hoped it would continue to be, and that those: whir acquired we: by their honest labour should eiljoy if, alio transmit it down to then imam ity. The twat Hag had the inset ipnou " Let is dl , like men, awl 1101 1w sol.l its slaves." Sorel), there were uo saa,es iu this 1:111.114111 ; and if the inscripitnii meant to convey that troy pot l i 11l of the people acre sill I as slaves, such a 1114.111110,,_‘ ! .* Wlllll4l 111. till 10 excite dr-einneet. 'lnc hamlet of Bamford's parry home " Parliaments atiimal," aiiti sal, " Unity and sat It any Iti 1111 l 1:1's 0 et e meant to votive) to the e,e what ill suet' u memos% no voice c0 , ,h1 roams., to the car—if T hey in- ant I nal the pi ogle shout Ihe tits:striated oisenotented till they had °blamed those IS-1;10.0 the parties who tine tile flag., and those w Ito usarclied with them, woutil be guilty arm ill( gal act, mid the us tar as they were con- erced, WOOl4l he illy, al. Ile ss outil now c urve to &mother part of ill , • evidenre--to tlw • and drilling; and he should tell thirm, that if the object of both wa. In produce greater order ant leAUlatily 10 those who nil the titli, to give a gi eater degree of stiiingtii to the pitrt, and thereby to liver.. at' tiie government, in to Ltive emitidelice to way seditious tip;ltioas to pros , re a legal olijet I utilities tit fear, tetra it ri italit have bet to illegal, mei the ineetiog of 0 hien they 050:1111.1nd aft en such t,aini: , g is mild lie Illegal also. it would be cri minal as to all time a lio it ere cola-crated in training fur such ire etrjeet, there might be t lioustoidir of others attend in: it knew nothing iit built motives, awl whose pur pose was Tier le,ral. Now, :is to iii.. pai I which each ittili volo,•11 ionk m Co. meeting: Fitt, 'at 1 . Ilunt ram. It/ 111 11e1,1111011111101q1 'MatittleSll - r. tie a• 11e tal ltuilock , - smithy ley alum house, 41111 toe WPM to ahiletirster oil the w hale lie add, e•seil tlo• people, c: ita.uly Out iti tawnier tesyectlial to the magi: males. Fie tem:sins in the tit iglehouslicoil till lI I ' Nils, and nolitoly knew how Ito spent his tittle till then; least it 51.15 nut sir 0V110"1:CV, shy farther than 11l t lie was at Jollll°o l ll' l4 . It was a question fur the eltisideration of the Jury whether he at tended to propose the I csulntiatis Cal lied at ; at all events, he bad offered 1111 evidence to show' tom he had any others. Mr. Hunt and Johusot were both pre- - - sent when the people kissed at Murray's, and at the police; but it did not appear that either of them had advised or encouraged it. .10111191011 was on the hustings, and pro posed Mr. Hunt as chairman ; and it would be for the Jury to say, how fur he was likely to know the resolutions %Ouch were intended to be proposed. This would en tirely di pond on their opinion of his intentions. He nest came to Mom house, and certainly lie appeared to have had less participation in what had passed than all the others. The Jury would look at his ease, and, judging by acts, would see how far he was connected with what was done. Conjecture would not be aritheimit against him, and if only such existed, lie wa. entitled to an ac quittal. The Jury world next look at the ease of Swill, and see bow far lie was connected with any previous mo tives. it appeared from the evidence of Mr. Henry Orton, a reporter, that Swift was present, and exhorted the meeting to In' peaceable; but then Illin was on the teati molly of the witnesses whose recollection as to other points was at least questionable. He (Mr. Justice Bayley) had before told the Jury that evidence of words from recollection of this kind ought to be looked at with caution. He did nut mean to say that Mr. Orton told any thing which he (Orton) did not believe, but the Jnry would do well to consider whether his recollection of what passed was the most accurate. Ile next came to Healy ; und if the .1 ury believed thee, he meant to impress on the minds of the pro; lc that they should have any change in the represen tation by means of force or threats he would be guilty. As to the words '• No Coro 1.. wis„' us he had before said, that was a point on which much difference of opini on existed in the country, and a wish to have them repealed could not be criminal. But the runts, " Taxation without representation is unjust and tyran nical." were, it' they bore the meaning he had betine said, cal culated to excite disatliction, amid would, in that case, be illegal. Bamford , it appeared , headed a p art y ; if the banners which were borne by toot party were not calculated to excite atPction, there was nothing in the manner or conduct of the people to excite alarm J n ohnso as proved to have been at the hustings, but it would be for the Jury to say' whether it was for the purpose of constructing them or not. It appeared he bad used the word enemies" in one of his speeches to the people.— Ile (Mr. Justice Bayley; wits sorry for it. That word should not be applied by any one set of men in this country to another, where all ought to be united in one common bond of amity and union. Mr. hunt.—l hope your Lordship will excuse me if I say one word. Your Lot &hip, in adverting to the Smithfield meet ing, has said that 1 proposed the Resolutions. My Lord, it is the custom for whoever is chairnum at such meetings to put the resolutions, and they are handed to him for that purpose. I did put than, and I gave a copy to the gentlemen connected with the press, who attended. As to the resolutions intended to be proposed at Manchester, they were seized on the hustings wlwn the meeting was dispersCiLand,though we have given them notice to produce them, they have not done so. I hope your Lordship will excuse my interruption. Mr, Justice Bayley—Certainly, Mr. Hunt ; and 1 feel obliged fur reminding toe of any thing whioh may be material to the Case. I have put the case fairly for you, and fairly against you, to the jury ; and it it were hoe last moment of my life, I would give the same to the jtiry that I have now done. alt. font bowed, and appeared perfectly satisfied with what his Lordship had done. Ills Lordship then continued :...The points which the Jury would have to decide were...was the meeting illegal in or in its manner ? If so, all who attended it with welt illegal object, or in such illegal manner, were guilty. The next quits.- , thin was, how far allot any of the defendants were guilty on the grounds he had before mentioned ? The jury had given to the trial a most patient attention, and he had no doubt they would now give it a most impartial consideration. As the Court was now so silent and attentive, lie wished to express a hope that a arose of respect for the Court and the due administration of jus tice would prevent any expression of approbation or thsapproba• toga at the delivery of the verdict, answerer it might be. Ile would row leave the Mc to tocat, with this one ooservation— not to give a verdict of guilty unless they were fully satisfied tit die sufficiency of proof—nor a verdict of acquittal, while such proof existed in their minds. If they had any doubt, they would give all the defendants the benefit of it. It W.AS very neat 12 o'clock when his Lordship concluded ; and in a few minutes after, the Jury retired, and. after consulting together for tire liout , , returned into Court at five o'clock, whit the tifflowing verdict : We find MoonSaxon,Jones , :wise, Guilty ; and we fi nd I hairy Hunt, Joseph Johnson, Joseph lively, Samuel Bamford, and John Knight, Guilty of assem bling tiolawhil meeting, with inflammatory banners, and of exciting his Majesty's liege subjects to a hatred, and contempt Mr the Government of this realm, us by law established, and of attunling at that meeting. Mr. Hunt wa, then bound over in 2,0001. to keep the peace to the King Mr six months ; Johnson and Heady in 1,!;001. etch ; and Banitiml in SOUL fur a similar time. The parties immediately entered into their several recogni zances. Mr. Hunt—What is meant by good behaviour, my Lottl—it is a very indehmte term. Mr. Justice Bayley—The law defines it, Sir. Mr. I lunt—l always, my Lord, wish to chew good behaviour to the law, Mr. Justice Bayley—Then you have only to continue to show to it the good behaviour you observed to Coutt during this trial. Mr. Hunt-1 hope I shall always do so, my Lord; if any thing tell from me, it was' tar trout my intention to give any °Knee to the Court. Mr. Justice Bayley—You gave me no offence._ Mr. Hunt. Mr. Iluot—l never Will, 1 hope, my laud. 1 have to thank your Lordship much fur your patience during this long trial. Mr..litsuce Bayley—You owe me no thanks for ooing that which wus toy duty ; ton in what f say to you do I mote than state a fact, I CIO out mean a civil expression. Mr. unt—li I naive the Court of King's Bench for a new trial, l suppo,e, toy Lund, the defendants who are acquitted need not attend, though the inOictment charges a conspiracy. Mr. Justice Bayley—l can't advise, but there was a case in Surrey, 1 forget the mane, I'll recollect it directly. I las Lordsiiip deli honed round to tile bury, and said, they had his best thanks fin We patient attention they had bestowed imon this arduous tnul. Ile %us very much obliged to thvid.— Torn lacing tee body of the Court, his Lordship a dded, very much approve of the continct of the Court at the now t h e verdict was givtal in ; ailuding, a e presume, to the universal silence Mat prevailed at the time. It was near six o'cloch when the Count broke up. Mr. Hunt was cheered as he went to his lodgings. He maintained, to the ' last his wonted compostoe, and there was a cainmos wal respect ' tal decorum in his manner at the close of the trial which excited much sympathy for his situation. - - _ been II - 11l . . TMA LS FOIL MG H. TitOASON.—It has . 011 arranged, that the whole of the prisoners con nected with the Cato-street conspiracy shall be arraigned at the bar of the Old Bailey on Saturday, the 15th of this month. It is probable that nothing , further than their arraignment will take rlace oil that day, hut the busine:is will proceed on the tidlowing Mon day, to the exclusion cf the regular business of the Scs. it.) is, which commences on the 12th inst.