The Sun. — London, England, 1820-03-22 00:00:00

TRIAL OF MR. HUNT AND OTHERS. FOURTH DAY. YORK, MoNDAY Numr. The Colirt was as usual crowded ; a greater nornher of Ladies were pres•nt than on any foN. ruer day. The De'endents began to make their appear ance at nnte o'clock, and at ten minutes after nine the Judge arrived, and the proceedings were immedietely resumed. Jelin Walker, examined by Mr. SCARLFTT— WHs ;In Attorney at Manclies:er. He desetibed the proceedings of the leoh August at St. Peter's field. lie saw Wilde heading the division which lre commanded, and forming it round the cart on which the hustings were formed. It was called the Ashton division, A cap of iiherly eccom penied it. lie saw other divisions artist en the gretind from rations pieces in the vicinity of Menchester ; awl as they cattle up, ate! a taller 0 1 411 Who was With theft] in the cart, di rerted them to form in the rear of those who came first. Most of them bad banners and caps of liberty. Nrifilde addressed , hsin, and said, " Stand fit m to yeer post—it you have a leader of ever such strong nerve, it is impossible he can 00, if you do not stand firm." Witness took dewn these words nu the ground. The taller men desired them " to link their arms who was staulich to the cause, awl by that means they would keep their enemies at a diStaliCe from the frostings." ness took down those words oe the ground. Ihe crowd stoner 14 or 15 deep at tie time those words were esed. Could see dis tly ihet the arms of those then before him were inked. They were ordered to fall back, and did so a little. The taller man said, " The utird of cothanted has been given to fall back six yards tram the hustings ; unless you obey it, you ei,e yetis enemies 30 opportueity of letting in the revelry among yon." He added, "I do riot see any of your enemies sinning you, if I did 1 would tell them so, trod plobehly they would wish themselves in awe her place." They then fell hack a little more. At one o'clock the crowd had increased, and Huut and Johnson were there. Hunt desired them not to cell silence, awl said, " if their enemies would not keep order put them dowe, an d k e ep them down," or words to that effect. The crowd could not he passed through but by absolute force, as the people formed one solid hotly between the hue of cot : stables dud the hustings, and lie could set no ornitig ; three might he 50.000 persons pre see! ; thought that he had seen as many pet-sous assembled at the races ; the persons assembled wet eof the labouring classes. The crowd seemed to him calculated to overawe and intimidate the tow of Manchester, and create fear mod alarm. Witness felt tear aild alarm, and thought a dis turbance might -be expected. Cross-examined by Mr. 11 tott—Had always been art AIIOrOCV at banish, ster. Was a special con stet& on th e 16:h of August. Had left the field for a short time to take some refreshment. Saw 1100 C of the Magistrates during his ableoce at that time. Saw none of them at Mr. Buxton's in the course of the day. Was not employed by the Magistrates ; went there as a spacial cotta!ebte to perform his duty to the tokvil. Did not consider himself - to be employed by the Magistrates, but erred tinder the control of the chief constable of the town. The Magistrates had sworn hint in, and they might give the Chief Constable his directions; did not go as an amateur reporter; he took down the words on the back of an old letter, as it struck him that they were very re markable, addressed to such a meeting. Did not know Mr. Orton ; might see the Magistrates at Mr. Buxton's, bet weep eleven and twelve o'clock ; did not consider that during his absence, as Mt - . Bri'ton's house was on the ground ; he saw there Mr. Norris, the stipendiary Magistrate of Man chester. Witness commuuicated his fears to Mr. Not tis ; he merely said that he was afraid there would be a distut bailee. Had before thought it necessary to make a deposition of what he saw in the meriting, and drawn up an affidavit on the subject. lie was thus occupied at ten o'clock or a Ihtle earlier. Deposition was not shown to Mr. Setjeant Cross that witness knew of. This was the affidavit he had sworn to when he went to Mr. Norris. There was no conversation be tween him and Mr. Norris on the relevancy of the effilevit. it was drawn up at the Police-office. He had het:. induced to make this affidavit, in the first place, from a knowledge that large bodies bad been training in differeut townships round Mabcbt'ster, and from intormatioe that those per sons were marching thither to overawe the town, end create a disturbance, that he conceived would be productive of riot and confusion. These were his feelings ; and there were 30 or 40 Gentlemen at the Police-office at the time, who all concurred with him. Twelve or twenty of them might join him in making the affidavit. Might have got Coll. siaetebly more of them to join in it if necessary, but they lett the place to go to the meeting. Ott recollection, more than the number he had men tieeed signed the affidavit. There might be 30, 40, or 50. his object in making the affidavit was, that the Magistrates might have power to stop the bodes on their march. This question beet) discussed at the Police-office on the day before. None of the Magistrates were present on the Sunday or the Monday, that be saw, Half a dozen or a dozen of the 40 or 50 pet sons at the Police-office on the Monday might be there at noon on the Sunday. Witness declined making any affidavit then ; at least he was not asked nor urged to do so, and he made none. Those Gen tlemen who were there, and who drew out statements of what Wes necessary to be done on the Monday, were respectable iehabitants of Menehester. Mr. Hunt desired witness to mention some of their names. The JUDGE objected to this. Witness was or dered to wirlolraw. Mr Hunt then stated his motive for putting the question The dunce allowed the piestion to be put, to ascertain the names of the persons present on the Sunday. Examination resumed—Witness had no recol• lectiun that Mr. Green was at the Police ()ace on the Sunday. lie was there on the Motiday. 111 r, Jonathan Anclicw he did not recollect w have , eco at the office on the Sunday. Thought (hut ',1..; not hurt) th,it he was there on the Alonday. •Fhotight Air, Francis Phillips was not there on the ti,nd,y. No eooversation took place on the subject of 'he affidavit which he drew up of hiw •elt fir Phillips was there on the Monday, but • hott;:ht he was not Fir -sent when the deposition WHS Orli. Alr. it. Ent wisle rv,is not there on the Smid.ty or the Monday. The drilling and tiaining, t►u(l the way in which the persons coin ing to Manchesf.er o , ere to come, in d uced him to make the affi.lavit. ‘Vas under considerable ap prehension of danger o❑ Monday morning, before ten ►►'c!►-ck, from what he knew of his own knowledge, and trout what he had heard from He knew of the training, not personally, but Iron) those who had seen them. He had seen considerable numbers of persons coming into the tarn that morning, and these, connected with what h e had been told of the training, created the apprehension of which he had spoken. Saw no thing particular in the manner of those who came towards Manchester that morning to excite alarm. Those that he had then seen (before nitre in the moreing) did not march or carry flags, banners, or revolutionary emblems. His affidavit he had sketched and lett at the Office, that it might be copied and brought to him to be sworn. Sonic alterations were made in it afterwards by witness at his own suggestion. The dozen Gentlemen did not sign it at the Police Office, but afterwards, at Mr. Buxton's house. He stopped at Mr. Bux ton's house but a few minutes, and then he re ' turned to the field where he had been before.— The affidavit was to this effect :—that having been infotmed of the trainings in the neighbour hood, and hearing that great bodies of men were marching to Manchester, he was of opinion that if th, y marched into the town with revolutionary emblems, &c. he thought it would go to overawe the town, and create confusion. This was to put the Magistrates in possession of his opinions, and those of other Gentlemen, leaving them to take their own measures, for the purpose of enabling them to prevent them from coming into the town. ; This lie thought might be properly done, but did I not suggest it to the Magistrates ; he left them to act their owo discretion. Saw a nuniber of persons standing before him at the meeting va'ith sticks. One man near him had a bludgeon with a large knob, which Ile held over his shoulder till a man nodded and pointed to it, and then he dropped it down. It was not shouldered like a musket. The man that pointed had also a large stick in his hand. Witness was not insulted or assaulted. Could tint say whether the divisions that lie saw march to the ground were generally armed with sticks. The words be had heard Hunt say at that tune were, " If our enemies won't keep order, put them down, and keep them down." Thought this was before the military came, but was nut quite sure. Did not know that any body was particularly pointed at when the words in question were used. Ite-examined by Mr. SCARLETT—Mr. Flout might be ten minutes addressing the people; did not catch all that he said ; conld not see the mi litary trout the position in w hich he stood ; made his deposition before from information that he had received of the character of the intended meeting, but did not swear to it till after he had sten the multitude arrive hi the way which he described. Re-examined by Mr. limit —Remembered the placard calling a meeting for the 9th contained a proposition for some election of a legislatorial attorney. Mr. SCARLETT believed, that it watt to elect a legislatorial member. Mr. Hunt said, it was to elect a legislatorial attorney, and citylested the Judge to keep Mr. Scarlett decent. The JUDGE was not aware that he had per mitted any thing indecent on the part of Mr. Scariett. SCARLETT hoped his conduct bad Hot been other than decent from the beginning of the trial, but he had submitted to what he thought was not decent from Mr. Hunt. John Willie (examined by Mr. Serjeant Hot,- LOCK) knew Johnson, bad conversed with him on . the subject of the meeting. Johnson had said, the big men of Manchester thought putting it off from the 9th to the 16th would do it away en tirely, but they were under a mistake ; for by the 16th, they (the Reformers) would be ready for any soldiers that could be brought against them; this was said in a public-house on the 6th of August. Talking of the bidding and the'shoot ing of Mr. Hotstall, Johnson had said that he knew that Mr. thirsts!l would be shot, for a party of men had determined to. go to London and upset the House of Commons, or .something o f that sort ; but they did out go then, because they were not yet strong enough to provide fur their wives and children, if they should he taken prisoners or come to any harm. Cross-examined by Johnson—Was a butcher ; never acted as a spy in his life. Johnson had conversed with him, as be had previously stated. Never said to the Magistrates Johnson was going to take the barracks by storm. By Mr. Hunt—Was not drunk when the con versation in question took place; did not recollect any other particular conversation. Said, after Johnson was gone, that if Nadin had been there he would have taken him up. Did not know Johnson, till he was told by the landlord that that was Johnson the brushmaker, the great Reformer. Took no measures to have him apprehended.— Never bothered his head with any such like.— Johnson, though a stranger, told all this to wit ness and Slater. Part of it was addressed to wit ness, while Slater was out of the room. It was that part about their " being ready by the 16th for the soldiers." Slater and witness had talked over this matter. Had heard Slater say, that he was out of the room while that assertion was made. Had wanted to hear what they could get him (Johnson) to say. Never informed Nadin of this. Believed he did not tell the landlord of it that night. The landlord was waiting on his company, and did not tell him of it. Could not say when he first told Slitter. Re-examined by Mr. Serjeant HULLOCK—Had been sent for by Johnson, when passing John son's house one day, after he had been before the Mogistrater went into his (Jobuton's) shop, where there were three or four persons, and Johnson said, " What, you've been before the Magistrates ?" Witness said " Yes." Johnson then told him be was a fool for going with the beadle who had been sent for him before the Ma gistrates, without making hint show his authotity. He then asked what bad taken place; witness would not tell him there, but would tell him in any private room, or Ott the York Inn, where they could he by themselves. Johnson said he was not ashamed of any one hearing about it. Witness said he thought Johnson used him very ill to call him into his shop before people whom he be lieved to he a lot of spies, and would not tell him any thing. Joseph Slater, examined by Mr. Serjeant CROSS —Remembers Johnson being iu his house with last witness on the 6th of August. Witness be ;an by saying, that he understood that Johnson and Nicholas Whitworth were to be returned to Parliament. Johnson said it was all nonseme.— Winless shortly after left the room. Johnson re mained with Slater. On his return they were conversing about the murder of Mr. Horsfall, when Johnson said, " Do you know, Mr. Slater, that at that time there was a set of men determined to go up to London and disperse the House of Com mons." Witness ridiculed the idea. " 0," but said Johnson, " I know it for a fact, and it would have been done bad the subscription been large enough to keep their families while they were away, or in case they failed." Witness laughed. " Oh, but " says Johnson, " do you recollect when Bellingham shot Mr. Perceval what confu sion there was ? There was Lord Castlereagh scrambling out of one room, and Mr. Canning out of another, and when Bellingham was taken they were all ready to tear him to pieces ; and if one could frighten them so, he (Johanson) Was sure that it could be done." Johnson sheaved by ges tures bow they (the House of Commons) had acted in their hurry on that occasion. Saw John son last Saturday week at his own house in Man chester. He (witness) was first coining to York. Johnson said, " You will recollect that I said I heard it for a fact." ‘Vitness replied, " No, you said you knew it for a fact." Cross-examined by Mr. Hunt—Witness kept the Bay Horse. Johnson had told witness that there would be a meeting on the 16th of August. Willie said, when Johnson was gone, that " if Na din had been there he would have had him." Had spoken to Willie on the subject repeatedly Since, but never told witness what he (Willie) had to prove what Johnson said while witness was out of the room; nothing about Johnson's saying they should be ready for the soldiers by the 16th of August ; thought what he had heard from John son a foolish and wicked story ; Johnson was cer tainly speaking in eat-nest. Witness did not in form the Police of it ; it he were to communi cate, every foolish conversation that passes in a public-house, he should do nothing else. Witness and Willie had never compared notes. By Mr. Hunt—Johnson went, on that occa sion, to witness's house, to look at a sow that was about to bring some pigs, one of which John son was to have. Johnson then treated the re port of being about to become a Member of the House of Commons as being false. On Saturday week Johnson called on witness again about a pig, and then told him (witness) that if he said no thing but what he (Johnson) had said, he (Slater) would be a good witness for him. Never beard him (Johnson) declare that he would overturn the House of Commons, but he said that he knew something of the kind I►ad been intended to be done about the year 1812. Witness bad been but once or twice to Mr. Norris and Mr. Milne since his deposition ; went for his deposition that he might see what he had sworn, but was told that it was gone to London ; had never seen it since he signed it. Re-examined by M. Serjeant CROSS-Johnson said he knew that it had been intended to over turn the House of Commons ; bad no reason to believe that Johnson said there was to be no election. John Shawcross,examined by Mr. LITTLEDALB— purchased.a newspaper, (produced in Court) at the Office of the Manchester Observer, on the 31st of July. Cross-examined by Mr. Hunt—Was Clerk of the Police Office at Manchester; saw placards ad vertising the meeting called for the 9th August. Believed, in consequence of that meeting being prohibited by the Magistrates as illegal, that the design was abandoned. The meeting called for the 16th was not called in exactly the same words as the former ; he believed that some of time bills calling the latter had been taken down. A num ber of sticks, stones, pikes, flags, banners, and caps of liberty, had been brought to York ; they were in the care of Mr. Nadia. Michael Fitzpatrick, examined by Mr. SCAR LETT—Attended a meeting held in Smithfield on the 21st July. Mr. Hunt presided. Certain re solutions passed in the presence of Mr. Hunt. Vs'itoess recollected receiving the resolutions handed to him from Mr. Hum. Witoess was a Re porter for the New Times; stood on the left of Mr. Hunt ; received them from Mr. Hunt's own hand. He went with two other Gentlemen, one of whom got so soused in the mud, that he was obliged to retire. Witness was politely accommodated with a place in the waggon by Mr. Hunt, who said he was very glad to see him, as he thought witness would give a fair report. The resolutions were passed ; the most violent were the most ap plauded. Cross-examined by Mr. Hunt—Had consider able difficulty in getting to the hustings. Was so tar alarmed that he put on his worst coat, but did not know that he felt any personal alarms. Saw no violence. Had been at many meetings where he (Hunt) had presided, and no acts ut violence had come within his personal observation. Re collected the arrest of Harrison. Those on the wag gon, or that side of it by which the officers catered, saw it,hut thousands there, be was ofopinion, might know nothing about it, it went on so quietly. Could not say whether or not Harrison had previously spnken ; believed that he had. Recollected Mr. Hunt had said, '' There's Brown or Wontner come to arrest Harrison--will you let him go ?" and with a good-humoured shrug told Harrison that he had better go quietly, or words to that effect. Recollected that Mr. Hunt had said, he would gu if they sent for hint. Nut the least tit,- knee %T . as offered. Harrison, witness asked advice of Mr. Hunt, and Wal told to go . quietly. Received the resolutions from Mr. Hunt, who was particularly desirous of accommodating witness, as he came from the New Times. %Vit• ness had no idea of producing them against bias (Hunt) in a Court of Justice. Thought lie bad asked for a copy, and that he received them whil e they were in the act of being read. Would not say that any of them bad then been put 8410; Could not recollect whether or not they were resd from a printed copy. Knew Mr. Orton. Neve r heard him communicate what he bad seen of th 4 proceedings at Alanchester. 5 Re-examined by Mr. S CARLETT —H a d o f ten it: tended meetings where Mr. Hunt presided 1 1191 retired before they concluded. Violences have occurred which he had not seen. Believed that the Spafields Meeting was the first of Oa' that he bad attended. It was impossible for the resolutions at Smithfield to be heard by more thellz a tenth part of the meeting. The resolutions were theta read from a ttewspe per of the 22d July, 1819. Witness had the copy of the resolutions gives to him, while another copy was being read to the meeting, and found them to correspond exactly. Mr. Hunt objected to the printed paper b e ing received as evidence, as he had been served with no notice to produce tfle original manuscript. The Junta held that they could be received► as no evidence had been given of the existence of the original manuscript ; but he noted the oh' jection.—Here the case for the prosecution ciolia4 DEFENCE. Mr. BARROW objected that the evidence did not go to prove that Jones arid Moorhouse bad cone mitted the offence described its the indictment. That they had been guilty of the unlawful, als" licious, and seditious offence charged against them, was by no means so far borne out by the evidence produced, as to send their case to Jury. The JUDGE held, that it would be for the Joni to decide, whether the meeting was or was not illegal i and whether those two defendants were there as innocent spectators, or as partisans.-"" Though the malicious and seditious intentions charged in some of the counts might not prove to be borne out, he was not prepared to say that there was nothing proved against those two per' sons that ought to go before a Jury. Mr. BARROW then proceeded to address the Jury on behalf of Jones and Moorhouse. was proceeding to notice, in terms of praises 4 printed report of part of the trial in a London newspaper, when The JUDGE said, he was sorry that this hi been brought forward, and that any part of ta 4 proceedings had been published. Mr. BARROW submitted to the Jury, that rhea, evidence proved the impos s iblity o f M r . J ones E nd Mr. Moorhouse having acted as leaders in the fro' ceedings of last August. He went over the evi' dense affecting Mr. Moorhouse, and strongly it': slated on the improbability of his having advance ° towards Manchester for the purpose imputed t° him, when the situation of that person was cot'' sidered—when it was considered that he was di e father of eleven children, and that he was arsons' paaied by his wife far advanced in a state at preg' nancy. Mr. Moorhouse was then described tx 4 heading the Stockport patty on the 16th. Tile fact was, that he, the proprietor of the stage that runs from Stockport to Manchester, WO riding on the box of his own coach frail' the former to the latter place l and arrived i t Manchester at the hour when his gage vir B4 due, to set down his fare in that town. Moorhouse had afterwards been accomtor dated with a seat in an open carriage by the f 0; liteness of Mr. Hunt, through circumstanc e (which the Learned Gentlema n explained), 1t Mr. Moorhouse did not go on the hustings. bad neither done mischief no r i n t en d e d to " s° o mischief. He was connected with more o f illegal proceedings charged to have takeli place, but by the accidental circumstances ° his having preceded the Stockport dieisio° l and passed along with Mr. Hunt in a coach."l The case of poor Jones he considered one of great hardship. Mr. O r t on h a d se e ; him at the hustings, an d d escr ib e d hin t % have addressed the people, exhorted them to peaceable, and told them of some of the Committ er having directed those round to link their aru lg ; and stand six yards b ac k f rom t h e stage, otherwl 4 e their enemies might come in among them. Wh er j was the Committee ? Had the evidence connee (e 4 him with any Committe e ? N o : t h e r i ng forolf o was only intended a s a b arr i er to k eep of n crowd. He could not afford to put up a vg00 44 0 rail; for po o r J u nes w as b ut to h ave 25 5. for 11,1 job, that of erecting the hustings, and was oblig e to borrow the boards o f w hi c h i t was fortred„f which boards he was i n great d anger o f The money had never beet' paid. With rese, to the character of the fleeting, he could not ts. derstand, it the object of it were legal, how au bers could make it unlawful. Who, if nuttO e r were to be the guide, would sa y w h ere ow le t bo ends, and where disorder be g in s It was fit the line should be thawu somewhere, and 0 % mould take upon himself to say when the toi nj j bers of a meeting were compl e t e ? Th e p ar t act e d by Jones in addressing a c ro wd assem bl e d to (tes t o , . Orator Hunt, he treated as a f oo li s h f r olic. i e , which he had suffered enough to make hint r spect the old maxim—" Let not the colder . o g beyond his last." He th en rea d th e follo0",,.. paper from Moorhouse, addressed to the Jutr re j "My Lords, and Gentlem e n o f th e J ury —l am 4 11 . 'i t ., PO with combining, conspiring, con f e d era ti ng , an d agree' od overthrow the Government o f thi s countr y by (force of threats, Now, Gentlemen, l am persua d e d , if t h e re be it, such combining, conspiracy, confederating, and agrec ir The will be found to be my prosecutors ;it will be they tha tµ to found guilty of that most a'uosiiriable crime, conil' ill i4 v of t deprive me of my liberty, and fur what I know not. that Gentlemen, you will be surpri s ed wh en I i n f orm you. ° no ir' of the persons with wh o m I an t charged with having e° i• ed, &c. viz. Smith, Wild, J o n e s, B a mfo r d, and 1 1 c 41 : 0 , 4 1s never in my life was in company with, u n til th e day °g ,4 6 we were all brought into Court together, which I bel leo e p on the 27th of August last ; I s h a ll th ere f ore , I think' he titled to your acquittal of conspiring along with thorn", 0,01 respect to Mr. Knight, Mr. Julinson, and Mr. Sasto3p '-.1; exchanged half dozen words with any o n e of ~~ .N' 4), a !, l it crt PC Pi, 1.., %kit bet Bt-, that kr illg lot, by 1 tle peo teri lig h tool titilt o Ire ~,, ep , u, int u ta nd tan g? ?'tutu, brood til thi akt ing a , c al 41la ttarly perera trush k th e F V rater o )etilot tulistal W hich Thi 'flits e, " the