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

cd ? Did they bclicve that the several parties I had made their approaches to Manchester in the manner described ? Dirt they believe that the Nlagistrates had telt no alarm % and did they believe that the constables had been assembled to ithont alarm % Could any one (4oubt that the a,s, rtrhli ig of such multitudes won'd tail to prof dire alarm and terror rn the minds of the people of Manchester ? He did not mean alarm and terror for it Irat might he ,lone on that dav, but alarm goosing out of the mode of maid) adopted, and the manner of 'combioing seen on that occasion. The very mystery in which that combination was involved teas in itself a source of terror. He. proceeded to show that a latge body, proceed tog with every ;weal ance of organization eding under the command of such lead ers as Johnson, BAniford, end Doetor Healey, (who, from the evenness of his temper, was nor the fittest person in the world to he a leader.) —Wh en such a molt it u de, regul iy organized, and acting in obedience to the orders of a S , CI et and unknown Continitiee, were seen ad vancing on a town in militaiy array, hearing with them banners intscriln d, " Liberty or 11.ath," and such other inscriptions as had been proved to hate had a place on the eusi e ris borne with the mill itiole a•sembled at Manchester on the of Ann rest ; when such a spectacle were seen, good God! wound arty one tell him that this display could be kwfol ? Mr. Hunt, to show th“, the meeting was not illegal, had ref< r red to the banners and processions of Orange Clubs. and other societies. But the answer to ti-is was, that those banners and processions r. ere connected with purposes that were law lid, and .Mr. Hunt might as well refer to the banners itid ensigns borne by the soldiery, to prove that because such things might he used in tie Army for legal and coostitutional purposes, it therefore followed that they might he lawfully re sorted to, in order ;0 give effect to any tumill• hums meeting. The Jury, he thought, would reel this, and see that such weans of giving effect to his opinions were not to be conceded to any demagogue who might think proper to contend that " taxation without representa tion wins tyranny." it was undoubtedly true, that many English subjects had no voice in the choosing of a Rept esentai ive, but the road being open to all to qualify themselves to vote for tire return of Members to Pkoliameot, a principle like that avowed in the inscrip tion which he had quoted was not to he main tained iu thiscountry• He did not deny the tight of the people of Brigham! to meet in large bodies for the propose of delihctsting on public affairs ; but was it to be assumed that meetings of from 60 to 80,000 men were at all times and under all cir corns ances fit to entertain the most abstruse (res. films of political science ? Such an assemblage as that of the 16(11 August, he would repeat it, was well caleithied to inspire alarm, especially when seen as that was disposed to treat the consta bles and all the local authorities with mockery and scorn. Thai meeting two witnesses had deposed that Mr. H. had himself called a " tremendous meeting." It was indeed a tremendous meeting, but meetings still mute tremendous :night yet be seen, if the verdict of those he had then the honour to address did not prove, that even such meetings were under the control', of the law. In such a meeting it was not possible for Mr. Hunt, as chief speaker, to be heard by all, or by mearly all. Yet it was seen that he had rejoiced in their meet ing in two-fold numbers, slier the meeting had been prohibited by the Magistrates. It seemed to be his wish to go on until they should at length meet its four-fold numbers, and finally be able to meet any force that might be opposed to them, face to face. Mr. Hunt had spent two hours in examining witnesses, to prove that he had neither used the words '' adjournment" or " postponement," when speaking of the meeting having been put off by the enemies of the people. Wino he meant to say were their enemies he had not thought it prudent to explain. It was proved, however, by his own witnesses, that he had used both words. The meeting at Manchester he showed to be distinct from meetings of the cha racter of hose held in Palace-yard and other places in a regular way. This was a meeting called by a secret anti unknown Comtnitteer It was nut a meeting of the town or a district, but it was made a meeting, as far as it could be made so, of all mankind. The broad question the Jury had first to consider was this—Was themeet ing a legal meeting ? In inquiring into this, they would remember the object he had in view when he set out far the country to attend the meeting called for the 9,11 of August, namely, the assisting at the election,of a Legislatorial Attorney, at the instance of some secret and undiscovered body, If, looking at this, and connecting it with all the other circumstances to which be had directed their attention, they found that an assemblage of persons like that over which Mr. Hunt had been invited to preside was calculated to' inspire alarm, then must they decide that it was an ilk gal meeting. He now came to address them on the situation in which the several defendants stood. Ot the part which Mr. Hunt had acted there could be no doubt, and on that subject he need say no more. It was iu proof that Johnson had been with Hunt all the week preceding the I6th August, and two witnesses had proved him (Johnson) to have usedlanguage respecting the meeting of the 16th of August, which went deeply to implicate him in the conspiracy. He then went over the evidence given by the witnesses Willis and Slater, on the subject of his (John% son's) being returned to Parliament, and on the subject of the intended meeting, and the mea sures said to have been in progress against the House of Commons. The language then used induced Willie, who had known nothing of him (Johnson) betore, to say, that if Nadin had been present lie would hav't taken him up. To enutra ict this rnan, a bulcher and a builder had been. brotiglit from Manchester to sn•car, that, front c rtain circtinistances, they would not be lieve upon his oAth: The evidence of that wiiiaess sc,As„however, in the ma i n , unshaken, and to show that Johnson was deeply int piicated ,in the conspiracy. The conduct of Moor- bowie, 111 iovi'ing people to attend the projected meeting, had' proved bite one of the conspirators ; hdr \Ville and Jones, in directing the people to iock their arms, had wade it char that they also were parties to the conspiracy. Dr. Healey had set out with declaring in his defence, that " where there was no law there could be no trans gr ssion." It might he well for the Doctor if ( - here were indeed no law on such subjects; if there were no law to prevent demagogues from marching at the head of numerous bodies of men, carrying what ensigns and bruisers they thought proper, and saying to the people so called out what they pleased. The Doctor had probably contribired something'to that which had been prodoced, for which he had manifested what seemed very like a parental affection. Ile had brought widi him a model of that flag, for fear the prosecutors should be so base as not to pro duce the original, which, by the bye, Mr. Hunt had said it was not indheir power to do. He had, however, brought forward the flag when the mo del w a s produced, and had models been exhibited of the Caps of Liberty, he, in the same way, would have brought forward the real ones. The cap of Liberty, since the period of the French Revolution, when so much fury and mischief had been hatched under it, was no longer the symbol of freedom, but the ensign of revolution, and the boast of licentiousness. Healey, in having as sisted to marshal the people under such banners, had clearly wove(' himself to be implicated in the conspiracy. Knight was proved to have been in the carriage with Hunt at ihe•meeting, though lie escaped at the time. For Saxton, as it appeared !hat he had only attended the meeting as a Re porter to a newspaper, be would have them this miss his. case from their consideration altogether. —Having thus stared this case, he thought there could be no doubt that a conspiracy had existed, and, if they found that the meeting of the 1614 of August was an unlawful meetie‘g (as surely he thought they must), be should be entitled to a verdict. For himself, he felt perfectly at his ease, and had no fears for the consequences of these plot:tech:lgs, unless indeed it should once go forth to the world, on the authority of a British Jury, that meetings like that of the 16th August were to he regarded as lawful. He reeerenced public liberty, and it was heeaose he reverenced it that he now called for that verdict which he contended the Jury would be justUied in giving against the present defendants.. He desired this, that licentiousness and vioieuce might be re pressed ; lest front the abuse of public liberty the people of England, at no distant period, suould resemble the Rumens, as dtescribed by their ablest historian,at the timeof the death of Augusios,when (hey considered it safer to submit to despotism than to go back to that licentiousness which had been attendant on liberty. The Jut y would render a most essential set vice to liberty, by giv ing their verdict if 4 aiiist those who bad abused it—lty showing that the laws were sufficient to iedre,s those evils which might arise tinder our free Constitution—and by proving to the disaffect ed that the laws were not to be trampled on with inipittoty• Tim Junne, addressing the Jury, said, they were now are rived at thai stage of this important cause when it became his duty to submit to them those observations which appear ed necessary to enable them to come so a decision on the merits of the case. He would lay down the law to theta as accurately as he could, and make such observations on the evidence which had been produced as it appeared to him ne cessary to press on their consideration, in order to form a foundation on which their verdict might rest. He would be as short as possible in summing up "the evidence on both sides as the nature of the Casa would admit. In the first in stance, he had to request of them, as the Counsel on both sides had previously done, to dismiss from their minds all im pressions previously made on one side or on the other, and to give their verdict without reference to the consequences which must follow, according to the evidence whiCh had been given. He would rode avunr to throw out of consideration all the irrelevant matter which had been connected with the case. One broad and important q uestion which they would have to consider, turned on the character of the meeting of the 16th of August. they had, howev e r, only to look to the deportment of the crowd assembled on that occasion. The conduct of the Nlagistiates, Yeomanry, and Constables, would lead them into long discussion, which on the present occasion it was desirable to avoid. He was quite sore that the Jury would give the benefit of a fair consideration of the evidence ; arid if the case admitted of a doubt, that they would give the Defendants the full benefit of that doubt. He hoped and trusted, and was satisfied that on this, as on all other_occa sions, that if, from the evidence given, they should come to a different conclusion, that they would boldly and fearlessly give their verdict accordingly. Through the whole of the proceedings it had been his earnest desire that the proceed ings should he so conducted, that the defendants, if a verdict of guilty should he-given against them, should he constrained to acknowledge that they had had an impartial trial, subject only to such necessary restrictions and privations as every man living in a state of soetety must be content to submit to. The indict ment charged the defendants wills three things—With calling a seditious meeting, with intent to disturb the publi c peace and common tranquillity of the realm ; with attemptin g to raise and excite disaffection to the State and, thirdly, with intending to excite disaffection to the Government and Constitutiou of the realm as by law established. In stat ing the law applicable to these cases, one of the best writers on this subject had thus laid down the law :=-J , A n y meeting whatever of a great number of persons, with such circumstances as could not but endanger the peace, and raise fears and jealousies among the King's subjects, seemed to be properly called an unlawful assembly; as when a great many meet to debate in a warlike form, no one can foresee what may be the result of such an assembly." Mr. Seejeant Hawkins had stated a meeting to be illegal, where the numbers were such as to eedanger the peace, and, he added, armed iu art unlawful matiner. Arnrs, however, it was proper he should state, were not necessary to make it an unlawful as sembly; so a meeting assembled in such numbers, and under such circumstances, as to endanger the public peace, would be illegal. In all cases, the put pose and manner of a meet ing were to be looked to. lie had no difficulty in saying, that because 60,000 men, women, and children met toge• ther, it did not follow that it was an illegal meeting, as it might so conduct itself, that it could not be charged with any thing unlawful, or with doing any thing that could raise the fears of those who came ire the way. But in a meeting so constituted, though 571,000 innocent persons might be there, it might so happen that twelve ur twenty persons going to the meeting with illegal intentions might he tried for illegal conduct at that meeting, though the meeting in itself was not illegal. So, though the bulk of the persons attending such a meeting might be innocent, if certain per sons, by placards or other means, do that which may endan ger the public peace, or strike terror into the public mind, such persons were liable to be tried fur an illegal conspi racy. The writer he had quoted seemed to centemplate immediate danger, butihe (sir. Justice Bailey) by no means held that the danger must be immediate to constitute an offence against the law. If the Jury should be satisfied that the meeting of the 16th August had a tendency to produce immediate danger, then, undoubtedly, they must give a verdict against the defendants. On the other hand, if they should be of opinion, from the peaceable condtiet of the people, mid from the association of women and children with the meeting, that no danger was to be apprehended on that day, but that the proceedings were calculated to produce danger at a future period, then in that case he would recom mend it to them to come to a special verdict. If they came to a special verdict, he should consider them to find that no immediate danger was to he apprehended, but that the meet big was calculated to inspire terror of future danger. The tle fetulants were not liable to be found guilty of acting to some particular end, unless they were proved to he so actin in pur suance of snare common design. If 20 mei. go to a meanie with a view of s,trring sedition—if each acts from his owu mind, THF SUN • SO I. ENI 2UI Eit E FA I,SUM P DEAT ? LONDON, MONDAY, MARCH 27, 1820. We received this morning the Paris Papers of Thursday and Friday last. Want of space com pels us to he very brief in our notice of their con tents, which, however, are not of material im portance. They give no fresh news from Spain, the ordinary Courier from thence who arrived on Thursday; having brought merely the same details which had been previously received by an extraordinary Courier, and which we published on Saturday. In the Chamber of Peers, on Thursday, the discussion on the Projtt respecting Individth'd Liberty was corlmtenced, and atter hearing six speakers, it was adiottnied till Friday.—ln the Cl4amber of De - podez, .hc discussion on the Pro jet respecting the Journals was contin u ed throughout \Wednesday and Thursday, and Was again adjourned till Friday. The KING transact' ed business with his Ministers on Wednesday and Thursday, and on the latter day paid a visit to the Duchess De BERRI. The statement of the breaking up of the Con' gress of Vienna is now contradicted. The Moniteur of Thursday contains a Royal Ordonnance for convoking the Electoral Colleges of the Departments, whose Deputations are in' complete• FIVE PER CENTS. Wednesday 74 f. 30c. Thursday 74 f. 70c. DEFERRED STOCK. Wednesday. Thursday. Of the 22d Maroh, 1819,-99 f. 70c. 22d March, 1820, Bs f. 40 1. Where are the respectable Freeholders of Mid' dlesex, who now stay away from the Poll at Bient' lord ? A convicted Lihelltq, a Libeller o f the Magistracy of the Kingdom, a Libeller of the Army of Great Britain, that Army, composed as it is of the People, whose Friend Sir FRANCIS BURDETT calls himself, invites the Freeholders to join bins in procession to vote for his Protege ! ! A military Knight, one of the Army so libelled, calls upon the Freeholders of Middlesex to vote for the Popil of BURDETT, A O to join in the procession of the Libeller !! 1 By their acceding to such invitations, Middlese% Freeholders will give their approbation of the stigma thrown upon ►he Magistrates, the Army► and that Jury, who have on their Oaths found Sit' F.BUIDF.TT guilty of a libel. Will Middlesex melt debase themselves by flattery towards a man con' victed by a Jury of his Country ? Is the Trial by Jury to he despised ? Is the verdict of twelve sworn men to be disregarded ? Or, is he a friend of the People who so thinks of the sacred Con' stitution of his Country ? MIDDLESEX ELECTION.—NINTH DAY. The following was the state of the Poll this day at Hdlf-past Twelve o'Clock : Byng 32i7 Whitbread . MLllish 249S THE LATE CONSPIRACY. SPECIAL COMMISSION. The Commissioners appointed to preside at the Trial of Arthur ThistlGwood and others, charged wirh High Treason, Murder, and other offences/ assembled at the Sessions-House, Clerkenwei!" Green, this morning. At ten o'clock 51r CHARLES ABBOTT, Chief Justi ce o f t h e coar -1,, of King's Bench, Sir R. DALLAS, Chief Justice, Of the Common Pl eas, ...:.RANCIS CONS'S, Esq. anti Ml Bench of other Gentlemen, appointed as Commissioners, took; their seats. The Right Honourable the CHANCELLOR of the FXCHEQUIES . , and sev era l ot h er di st i ngu i s h e d persons, were .10 Court. His MAJESTY'S Commission having been red , the following Grand Jury were sworn : JOB RAIRES, Esq. Foreman. John Stock, Esq. 1. H. Pakenham, Esq. Thomas Milroid, Esq. John Warren, Esq. Robert Batson, Esq. Geo. Fred. Young, Esq. William Mills, Esq. Rickard Meycock, Esq. Henry Thompson, Esq. Richard Jennings, Esq. Richard Gibbs, Esq. Joseph Taylor, Esq. Thomas Lermitt, Esq. John Johnstone, Esq. James Gordon, Esq. Frederick Dowse, Esq, William Anderson, Esq. J. W. Horseley, Esq. William Parry, Esq. William Binning's, Esq.. John Booth, Esq. Henry Taylor, Esq. The Chief Justice ABBOTT addressed them at ton' siderable length. After reciting the Act of Parlie meat of the 25th Edward 111. for the punishment of High Treason, be said it was the highest of fence known to the laws, and that there must have been an .overt act to constitute the offenze• The persons accused were also charged with 0.0 murder of Richard Swithers, an Officer, in tits lawful exercise of his duty ; it was not, however , for them to say, that because the parties might lit all guilty of the Treason, that they must there" fore be all guilty of the Murder—they would, therefore, make a distinction between those that were guilty of the Treason and those who two' ally resisted and committed the Murder. The Learned Judge concluded an able and impartial charge by exhorting them to give the case then . most deliberate and impartial consideration,—The Grand Jury then withdrew. The KING left Carlton-House on Situ!'lay after.. 0000 for Brighton, where his MAJEsTv arrived between five and six o'clock. The garrison ot Glasgow and the Volunteer Force were on the alert on Sunday night, but the particular ctluse has not transpired.—(Edinburffl i CouT('uit, March 23 ) JOHN . KENIBLE 4 ESQ,—This excellent A c tor , whom the folly of public taste induced, most probably, t ° leave the stage at a time when lie could have held forth model a eNcelletiee in many characters suited-to his titue life for many more years, bas been passing the winter ` Toulouse. The weather has been uncommonly severe, bu t has not injured his health. The place, however, has lost social amenity since the murder of the Due de BERRI, and i 6 so much embittered by politics, that be is going to Switz er ‘ land, and from thence proceeds to Italy. THE WOOLWICH Alunneas•—A man strongly suspected of being lately the murderer of Mr. PARKER his servant at Woolwich, was on Thursday last taken in custody at the Red Lion, in Portsmouth. When Mr. HO ; the jailor, went to take him, he presented two pistols, one°, his head, the other at his body ; but they both provident ia l' , missed fire. A gold watch, a seal with Mr. Parker's initia ) 5 : and several other articles of value, were found on his pe,a° At Hamp , tead Heath, yestenloy, the eGth init. the Coo l " tesi of Huntingdon, of a sou, her tenth child. I,ONDON: Printer! by.). 13. C.IIISTAIRS, of No. 99, Gr Ornionci-street, Quven-square; and published hY " r „l,f; SCRIPPS, of No. 7, S9utli Iklulton-street, at THE Ort!ck!, No. 112, Strand ; where Advettisementsa Orde r ' Leltvri, &G. (post-plid) mot be addressed. • tO 'S tray Ye ce tow Vp mar ceet pns; Pay List for by ter tic and not in concert with the others, they were not liable to be indicted for a conspiracy. If it should appear that the par ties could not possibly act as they did without some previous conspiracy, that circumstance would implicate them in one cusanom plan. If they should think that those who formed the meeting of the 16th August could not come together as they did without arms—with a regular step, and to a given time and place—if they could not think these circumstances were acci dental, then they must be viewed as evidence of some previous plan ; but if they should be of opinion that these things might happen without any previous concert, then the idea of a pre emicerted plan was to be dismissed. That what had taken place might have occurred without previous concert was ob vious enough. Some might have hews marching to the meeting in a particular way, and these being heard of on their road, might induce others'to come to the place of 'meeting in the saute form. He stated this to show that the mere conformity of circumstances did not necessarily imply any previous plan. It would he for ilieJuryonly to connect those with the alleged conspiracy who assisted at its formation, or who, apprized of it after its formation, thought proper• to come into it. They were to consider how it affected each of the defendants. They might be of opinion that our of these defendants alone had conspired with other persons, who were not included in the indictment ; and in that case that. one defendant they could find guilty, and him alone. This was the law as it affected the CON spiracy with which the defendants were in this in stance charged. In diocese of holding an illegal assembly they would not stand exactly on the same footing. Twelve per sons might he found guilty of illegally, assembling, though nu previous concert could be established between them.— In the case of riotous meetings or illegal drillings, those only could be criminally connected with them who took part in them, or who knowing that they were going on, wilfully at tended them, and gave them their countenance. On the question whether the meeting of the 16th of August was or was riot calculated to inspire terror, they would find a great deal -of evidence furnished on the part of the ; rosecution went to show that no immediate danger waste beapprehended. It would, at the same time be remarked, that some of the great objects of the defendants appeared to have been to keep the peace at that particular period, with a view, as bad been alleged, of producing a stronger imyressiun at anoe tiler time. Having made these preliminary remarks, his Lordship proceeded.—Having read over the evidence of the first witness, he remarked to the Jury, that if it we re their wish that he should do so, he would go thrhugh the whole of the evidence, though this would occupy much of their• time, on matters that were net of great importance.—No answer tieing returned, he proceeded with the summing up.—He re marked as he proceeded, that the numbers assemb led on the l6th of August were sufficiently great to do considerable mischief, if immediate mischief were intended. The persons assembled could not be held answerable fur the inscriptions on the banners, unless they had in some way acted in con formity to them., Testimony had been offered as to the reli gious character of Moorhouse ; and from the circumstance of his having been accompanied to the meeting of the ltith August by Isis wife, who was then in the family way, it was to be inferred, that so far as be was concerned no im mediate mischief was in contemplation. The marching in military step could not he brought against the present de fendants, unless it were proved that they had cognizance of the fact that bodies were about to march to the ground in that manner, and attracted as their attention was to other ohjects, they might not have paid attentio❑ to this., For the inscriptions on the banners, it was for the Jury to determine what was really the meaning that they were intended to con vey. If by " Equal Representation or Death," it was meant that they would obtain a change in the Constitution or perish in the attempt, that was sedition. If, as Mr. Hunt contend ed, the meaning was, " we are almost starved already, and without equal representation we shall be starved quite, and must perish," that was a very different thing. Men often said that they would rather die than submit to this or to that, but it did not follow that they had really made up their mind to the alternative. For the Cap of Liberty, it was one of the insignia of the Crown ill this Country, and therefore the carrying of that emblem, unconnected with other circum stances, did not necessarily imply disaffection. It did not appear that all business was suspended at Manchester on the 16th of August. Had that been the fact, it would certainly have been easily proved. His Lordship was going on, when the Defendants intimated their wish that he should not take upon himself the task of going through the whole of the evidence, but sum up with as much brevity as he could. He reminded them that they had a right to his time, but most of them expressed a wish to relieve him and the Jury front the fatigue of going through the. whole of the evidence. Upon this the Learned Judge said he should sum up much shorter than he might other wise have done ; but requested, that if he omitted to touch on any point of importance, that they would remind bins of it. His Lordship, in commenting on the words said to have been used by Bamford to the Middleto❑ party, remarked, that conversations were most difficult of proof. Ample evi det,ce had been given of this in the course of the present pro ceedines, and therefore he would rather have sonic act to prove the imputed intention than words said to have been uttered, and reported in various ways by different witnesses. Mr. Hunt was stated by one witness to have said, (pointing to the military), "'There are your enemies; if they attempt to molest yon, put them down, and having got them down, keep them down." He (the Judge) only mentioned these words for the purpose of remarking, that such a mass of evidence had been offered to prove that he (Mr. Hunt) did not use the words imputed to him with a reference to the military, that on that subject he thought they must conclude that Mr. Ent aisle had been mistaken. Having proceeded through the evidence given in the course of the first three days, offering comments as he went on, the Judge, as the hour had now arrived at which the Court usually adjourned, said, if he fatigued the Jury, and they would signify .that they wished him to break off, he would that moment desist. No answer being returned, he chntinu to sum up for nearly another hour, when it was intimated tlrtt an adjournment would be desirable. Upon this his Lordship closed the business of the day, and the Court adjourned till nine on Monday. Before the Court broke up, Mr. Hunt, as the Jury were about to separate, expressed a hope that they would abstain from all discussion on the subject of the evidence given, till the Court re-assembled, and also from reading what might appear on the subject in the Newspapers, which had been filled with libels on him all through the week. His Lordship•was confident that the Jury would attend to the wish which had just been expressed. If, however, he (Mr. Hunt) desired it, he would put the book into their bands and swear them on both points. This Mr. Hunt thought quite unnecessary. After what had fallen from I►is Lordship, he was sure that they would know their duty, and he had nothing further to urge on the subject. THEATRICAL REGISTER. Performed on Saturday Night. THEATRE ROYAL, DR, RY-LANE.—ltule a Wife and hara a Wife : Leon, Mr. Kean; Estifania, Mrs. H. Johnston. After which, The Prize. THEATRE ROYAL, (iOVEgT-GRDEN.—The Comedy of Errors : I)roniiu of Ephesus, Mr. W, Farren ; Athiana, Miss Ste phens. After which, Blue Beard. PRICE OF 5:1'043K4 THIS nAv AT rtifELVE 0 CM , CIK. 3 per Cent. Cons GBlll India Bonds .. 10g. 7s. Bs. pr. S per Ct. Navy Ann. 101 103 f, Exch. Bills, 2d.... 2s. Ss. dis. 104 Cons. for Account