The Sun. — London, England, 1820-08-05 00:00:00

TRIAL OF MAJOR CARTWRIGHT, MR. COOLER, wmtwlcKsmni. ASSIZES, TituusDAY, Aue. 3 ITIE KING V. 'MAJOR CARTWRIGHT, WOOLER, C. ESP DAX.I This case, which has excited so much public interest, tame on this day before the CHIEF flnd a Special 3 urr ,From an early hour tNerY railer! and benih s4ithin the Uplift House t.)cclpic:l, and a great number of LadV,s and of diAinction tr ek present. . . Aboat ; Line, : the CUIEF BMW entered .the Court, acctimparaied as usnal by the SHERIFF, apd leek his pluc.e oncthe Benqh. Tire Defendants vine afterwards made: their.appez:rance, and the - venerable Major was accommodated with a seat atna,:ngst the riarristers. Amongst those present_ noti:ed Mr.. Mr. Pysch e Fai,iaker,ll.P., both of whom accompanied the defenilrATatS into Court,, and :at by them. -Almost ;2i3 CO theinoment when the case for the Prose.: ciostd, .the defendants had not de kled nyc:r the precise line of defence which •:11oilid. adopt. The Special jury pannel was then called for, but only fear of the Gentlemen were found to be in attendance. The Officer asked if a tales wits pravat? Mr. )5' . :IiNblAN said, that one of the defendants (Edmunds) had not yet come into town, and as it wa uncertain whether he would join the others in motion, he would take it as a favour of the Court to remain for ,some little titne•without proceeding on the trial. Air. Serieaut AZAuGHAN said, he had no reason - tO" throW an obstacle in the way of this accorn inodation, if the time required was not un- ree.onable. Mr. DLNMAN said, he would. not ask longer than teu o'clock. This interval his Lordship granted. The Of f icer was now going again to call over 'tile names of the absent Special Jurymen, when Mr. DENMAN rose and said, he had just received a communication • from Mr. Pearson, the defen dants' Attorney, which, as it was .his duty, he would mention to the Court. It appeared to him to contain a very strong objection to an itn portant part of the proceedings already taken placenamely„the mode of summoning the Jury. The Learned Counsel then stated that, under the :34 of Geo. 11. cap. 25. sec,-19. by which Special ,furies were regulated, itlyas required every juror on the pannel should have received a summons to a ttend the trial on a day named lit the summons, with a reasonable time allowed him .beford the day •on. Which his - presence was required: Now it ap peared that Mr. .Peech, of ldlecot, whose name -stood N0..12 in. the list, .had.not received a sum . plops at all to attend on this day ; and though that Gentleman had had summonses in other vauses as a Special Juror, not one in the present was served before one or two o'clock this morn— Then, indeed, a summons was,served upon him, requiring his attendance on the Ist day of the. Assizes, which was the 29th of July ; but ..p.!;-thiS was never served until the morning of the 9,d of .August, of. course he did nut think himself bound to' a day which was gone by, and •conseL tfuntly was not in attendance nt all. To this stat , .!rzent of facts, Mr. , Deurnan added the legal arguments, that - a Jury struck .before the parties in the Court above could be the only jury to try Chili cause, and that it •cas'not in the power of the Sheriff to amend his return, until an order of COurt was obtained for bringing the parties again biloye :the - Master of the Crown Office. Here iv . ii:altiry not the same which was struck out •.above, for one was absent, not from any neglect •-41.-11S'elients, but frominattentionid - the Sheriff to 'do his duty. lie was. prepared with an alli- , davit in corroboration of the facts which he had talriii6ne,d, and, lie trusted, that when the state= nv!nt was made out, his Lordship would see that the pannel \ MIS imperfect. Sonie delay then 'occurred whilst the affidavit was_Preparing,.which Mr, Woeler took advantage of, to call upon the Court to provide accommOda tion for. him amongst -the Barristers ; and he al -1(1,-,d it was necessary to him .fts a defendant to be in a. place where he could take minutes of what passed. :The GlitEP BARON said, that much as he wished: to extend indulgence to defendants, and Much as he considered the anxiety , they shOuld feel, still .1 1 ( co3td not help thinking - the present request foridiSpiking the: Comisel a. little unreaionable; Affr•AVOoler intimated that' he Might- be allotL; ted a seat without much incommoding theseGen tlfunen ;; but he did not press the matter farther .for . the present, and sat dolin again in the situa tion he ocrupied befOre. Mr, DENmAiI .now said, that he bad the affi .davit to which he alluded. "The tiring,, read' by. the Clerk stated, that Mr. Ch tries Pearson,the deponent, o n cornin g to Warwick, learn ed with some surprise that Mr: Perch , a special Juror in this c a use, hartnercr received, a summons j et all to attend, with a Idew,as d e fendant believed, of prejudicing the defendant's cause. Mr. Perri'son /immediately wrote. to Mr. Peech, and Went to his home, which was t 5 miles trim Norwich ; and p4 r eethe r deeonent, na med Siminons, delire'red the letter. An a u. swer was received from Mr. Perch, stating that he had re ceived -ph summons to altered as a.Special Joe or in this cause a t the present. Aisites, and that in conse q uence be would trot i Te hi s attendance. Th e , depo n ent next applied to Mr. Lee, the UnCler Shi:ritf, at War Wick,. who was unable to g ive bike i n f,i-ination•a4 to the service of 114 indi v idnal summons( s, hut xef , rreci . hits to the officer to whom he directed his warrant, • trii3 whose d ; ity it ism to retake out the sUmmeinses. Nite U'Cluck''irrthe evening was fi led upon • between Mr. Pearson and 'Mr. Lee, for seeing this•oflicer, hut when the former at tended at that hour, lie giren to understand th e offic e r wa , h „, seen . ' The only assurance 'Mr. Pearson cimuld, obtain iron/ the' Under -was, that a dtrplicate r op y..oft4s * smitunions'4llOrild be Served upon Mr. Peech, if it sleoe/liflorn out that he had trot 1 0 4 one before ; and Mr. Lee 6tiltd upon the depotlentlii admit this as g updserrice, if the titoisengel sbOuld ;nit, tback-time enough. f o this qtr. Pearson. 'Tiger/ no objection, trot he w i s h e d to.he assured that that he new' i,ervice or time l imn-mons would he real, and. with Viete accote r p'anied Out, m ut esserer hints•lf tothe horns (ef Peer)), which they. reached between tw.efre and (lOC 0 cioct in the inor . Ti n t fantilv,had retir e d to bed.; but a ser vant Jeam lu g , ohne, out, 'iMf.*Pearson , wrote a note to Mr. Peec:ll, and'reeciVedlili absiier,iti which he disiinetlytienied Laving 4cen itimmonrdteefore; andthe further added, that he Itr.lieved his name, Would tease 'been struck' entirety o ut of the Pone!, it they did not t hi n k ,h e would be unable to attend, as'ile was then very ill , in bud in London. 'The duplicate summons Whichawe. theft Semi-111;11U Mr, Peech: "required his attendance on the .91.1 s July, the first day gf. - 'ilser 3ssizes. Mr. Serjrant V-AuGii - AN said he would, with the permission' rf the Court, examine Mr. I,7:alef Sliesitf La e. . Mr. Lei: being sworn, stater! that he had made. out his•war. , ' ' nulls on the 25th of July, directed"-to the officer for issuing the summonses, and divining- the JUT ors by hundreds. Of the service ct the summonses he was unable to say any thing of his own knowledge. The witness then atited the stsustance Orthe conversation _xitich.Mr:Pearson hadvitiv hint, it) he smile Manne - r as bad been sworn to by Mr. rvarson himself. Ile made Out ;•. new sumnsons, caustisto be erred upon Mr, Vetch i beliewd-Mr. RearsolsA•itri the thessels- • ger„but had not sects !Tim since the mall's return. In answer to a question by Mr. PE NM the witness' repeated tbt the wartauts Were ci4tainly made 'out nn the 97th. Joseph Smith said be was the person who ca to Mr• Peqh'shouse with Mr. Pearson. Whets they ca w me the fatni-_, ly were in bed, Ibid. a lady, .who he believed to be Mrs. Pc'ech, put her head out, of the window, , and witness said lie had a 511111010 M from the Sheriff fur ;qr. Peech to attend Special Jilt y. The lady answered, that the bad already had . i summonses, but that be was.so. ill,,it was quite mpossible for him Us attend. This was said in the hearing of Mr.. Pear s , son. Indeed, Mu'. PearSein said he knew as much, for he had beets speaking to the lady the same morning,. and then asked to see her again. Be said be. would call at six in the morn ing. Witness saw Mr. P. there with a chaise the morning before,. and tie bad a letter, as he believed, front Major Cart wright. Cross- examined.—M us. Precis said her husband s had got summonses, but she did not say in what cause. The name of the King and Cartmight was never mentioned. Mr. tarsus only said he knew Mr. Pecell had got summonsesout the summons. Re-examitted.—The butler said his master had a summons hitore, but be was unable to _attend. h was only fot,:l _be llrrer a Sl'ecial inry. There was no name of a cause men tioned. I ant almost sure there was a letter from Major Cart- wright. By the Major. What reason have you to think I wrote to Mr•Peecl. ? nuthlo'tz can tie more opposite to the truth. - The GRIEF BA ticiSl.—Major (artwriglit, I don t hnow that it is quite re;; - u far to allow you to ash the witness a question ; you hare an able Counsel; and 1 would rather you would leave your cause in his hands. I make all possible allowance , for your feelings in the situation in winch you are phiced, but our ri'gulations are fixed. Mrijor Cartwright said he would.not interfere any more. A witness, named Smith, s.tiil he saw the summons which was served Lipon Mr.:Peech. It was for the 49th of July, and was secrpi yesterday, the 2d of August. The letters which passed between Mr. Pearson and Mr. Pecch were then read. 'the substance of them- has been al- ready st.itecl. Mr. ‘Vooler then mounted the table, and said he had to re new Iris 3ppral to the Court for a ccommodation.. . - The CHIEF. BanoN.—Sir, I have already told you that I cannot displace the Counsel :rotn the table. Mr: Wooter (after a &holt. erval)--Ny Lord, I bave to request. thc.it you will give me some directiUns bow 1 atu act ? The CHIEF BAnoN.—Sir, I have Only to repeat wfit i have already said. Mr. Woofer —My Lord, I beg you may give peremptory orders for my accommodation. The CHIEF BARON.—I wonder that you persist in this way. I shit I give peremptot v orders for room—you may hare it behind the bar, in the - box appropriated to the defen- dants. Mr. Wooler.—Your Lordship sees there is no convenience. (This, like fusilier appeal, ended ist Mr. Woof'er's re maining in the same place.) After the letters were read, Mr. DENNuot claimed a right of essmiuing sir. Pearson upon oath. As they were tied down to the words of the affidavit, it was but just Mr. ['eatso❑ should-have a❑ or port unity of explaining parts of it. Thc CHIE: BaitoN.--4 caa have ❑o difficulty its allowing you. Mr. Pearson being sworn, denied that he ever carries' a letter frOm Major Cartwright to Mr. Peed), or that he knew of any such letier•havin beets written. He had never said to Mr. Peed), or the .servant, that he knew - of such a letter. Never saw Mr. Prech before in his - life. When wit ness said he knew of Mr. Peed' having received summonses before; he meant in other causes, not this. Mr. Lee. was again called to know whether a separate sum mons had been issued to Mr. Peech for this cause, or if the c•iuse was only mentioned amongst otters upon which he was to - all end. The witness could recollect nothing but having directed the warrant.to the proper officer. Joseph Subling was the person who received the Sheriff's warrant, but he had not time to have all the summonses serv ed. Sent some of them by common carriers. Believed there was only one summons for all the causes in which Mr. Peech was td serve. In this, the names of all were ,nientioned. Mr . . . • _ . Teech lives 14 miles from War wick the summonses were ' made out on Friday evening, but not sent off until three, ' o'clock in the afternoon of Monday. Cross•examined by Mr. HlLL—There was a case of Lane v. Newditate, in which Mr. Perch was named as a Special Juror. There was a separate summons sent to him in that 'case. • CitrEr BA RnN.---1 will hear Mr. MB upon the evidence. Mr. firm, then made some strong_ observations upon the case NS l!'d) the evidence audoced made for the defendants. He contended that on the other side there was no case at all proots—as to any service 'whatever. The Sheriff, of coin seolid.not serve the summons. Sutbing committed them to the care of common carriers ; but farther no one affected to trace theM. What answer WAS that to the positive and distinct allegations in the affidavit of Mr. Pearson, or the disavowal of Mr. leech himself. It was not denied that Mr. leech had had summonses; but not in this ease. By law the • defendants bad an undoubted right to a Jury, not only of 12 turn, hut of 24 good and lawful men, able and obliged by the law to serve, out of whom a proper J ur y might Pre formed. Of this Dumber only four wets forthcoming—of the rest, the law had dealt fairly with the parties ; it had done all it could to bring them here, but there was one, who was not asked to come at all. The neglect was then in the Minister, whose duty it'was to further the administration of justice; but it, was not the defendants', who ought not to be prejudiced by it. In a cape in Easter 'resin, 1819, tried in the Exchever, that of the King a. Goottnian, the pi sition was affirmed that a Party had alight to 24 able men to serve upon in person, in order that the defendant might suggest all objections which would occur to him, many of which might have arisen atter the service of the summons—many after he bad come into Count.' There should be a rule of Court for striking a new -Jury. 'There was 'also another objection as to the time of :he day when the summons was seised. To serve at two. in the mornieg, in order to he in Court at nine, was a rigour un .known to the law. There should' be always allowed a reit sepable time to the party to prepare himself. In the City of London, if a 87.0v6:!na be served in the morning, the person was not required to give his attendance the same day in any of the Courts at Westminster Hall. That had been fre quently ruled. Then how mug h stronger was the vase here, where the party summoned lived no less•than 14 or 15 miles from town,. was, served with the oKder in the middle of the night,'and labotired at the sametime under seVere indisposition. On all these Vaunt's the Learned Counsel said he would chat lenge the array, hut he would reduce thethallenge to writing. Mr..ierjeant Vat/of-lAN declined arguing in rcp,y. The (Arras 13410a1e.—1 think the arguments ,uscel go to stretch a Point of form to too great rigour. If there is any thing in the objections, the defendants will, of course, in another place, have the benefit of them. At present nothing has been ofFered to show me that we ought not to•go on with the : hot I most say, the Learned Counsel for the De fendants have made as welch of their points, as.possible. Let the challenge be quashed. • Mr. Hill Said, he had another groUnd of objeCtion, which was the unilidilLrency of the Master of the CrOwti Office, , Cuter BA HO,N.—.L will hear, you if you choose to procee d with your argument. Mr. Hil,f,'—My Lord, I desire to he suflrted fo Trine this : I conceive it astrong ground,- foal can challenge a common Jury. [ider such circunistanccs, I submit the arias of show ing th at a special one is init'sithject to the same challe n g e, lies with the other side. In the, case in Strange of the King v. Johnsou, a challenge was made to the Special Jury, on ac , Coma ofitheomi odifiereney of the•. Master of the. Crown Office, and it was allowed.' The same doctrine Was laid down more forcibly iii a recant case in the Kiug's Bencb, • the. King anti Wool,e3', where the Master of the:Co-ovo Office was declare!t to he a'dndicial, nut a Ministerial Officer; and it was de clared that be , sbinild he 'perfectly indifferent between the parties. for., himself urged • the ..saille objection. Ile stated the conduct of the Master of, the Clown Office, as re prehensible.asle 'painted it to he in his own case, Which had been first At•first, this'pairer contented hituself pleased,withe 1 11 ; o .as., i J r' g in t e i : c a r iac a e r l i y s • oti p : o : ii s ti :f r y a o t f i striking ge rs, was p o r i t e! , st•i:tl,l,,adt to ens, men, Whom he'llid riot know, lie boldly:asserted his right. to his own elayiec. 0.e..(N-k• Wooler) loudly protested against this gross violation • lice, w bleb 101(ter Its.ep,ASSiiiat, 'Of forms of law, woiiiiiled all 'right"; lint he believed it wit 4 his intihililY point, and because.-, he had not entrusted it, to a barrister, that ( more attention was not paid him by the Court. It was ruled, .1 that the:Alaster might use his•disCretion in selecting names, but there Was nothing in that case half so g ross as *hat was done here. The whole array contained but one hundred names, amongst whom, were the Grand Jury of the county, w 1 );,, twin such slight evidence, foUnd the - Bill, and the great . :»itrjority (if whom were either persons in place, or others joking for it. - They were; lii fact:'Serviiiiti of the7Crown ; and it•Ns.its but natural. the Crown Should' have recqurse to them, when it'meant tit assert, what nil:4(A. be - considered its right. He asked, coulck's - ticit• lien as that Grand .Inry he fit emcs to serve aip,in a_ Special 4ury,...itLan issue bttwee n c , , and rbe subpieV ..,, .c : lIEr ksitoti—F4 ~: . -szliktle.tr;. ..e vif yo>ss. , efflit. f .Isnowyou'lartliolt e ighoratft; -11141. I.'orii not -Ite b lersiin .) whom you ought to address them. I cannot make an altera tion in the Jury. I:ani only a"Nisi - Prias Judge, and cannot alter what has been done iii the Court of King's. Bench. .. Mr. - Wooler-,My Lord, you are - Judge here, and may con troul ----- CHI Er BA tiox—My duty as Judge at :Visi Prins is limited and well defined. . . Mr. Wooler—l was using this as, part of my argument, to show th'e grounds upon which I challenge the array. We are charged , with a conspiracy a gainst the Government ; I was preparing to show the conspiracy of Government against us. If I establish this - conspiracy against us, surely your Lordship will make an Order— Cn lEF BatioN.—l have- hefore said; I can make-no Order. Mr.Wooler—Your. Lordship might very safely say.that•the Circumstances were such you felt yourself obliged to make an alteration int he Jury. . CHIEF BARON—If I were to do so I should be impeached. Mr. ieVouler said, his argument was nearly at an end, though after what fell from the Court, he saw little hopes of success ; yet would he persevere, to show that if he was per secuted, it would not he in the dark. He would sum up his arguments by saying, that after the Master of the Crown Of fice had struck the Grand Jury out of-the array, then there remained but 5(3 names out Of which to choose 48, His duty, therefore, could not he to select from a larger nninber a smaller one . ; but by leaving out a few names, to have - the whole Pannel without selection. -He, concluded by entering his protest against the proceeding, and .reduCiug the chal lenge to the Jury in writing - . The CHIEF BARON over-ruled the objection, - and - desired the trial so proceed. ' The Jurors were then. again called, but still there were only four Specials - if) attendance. Talesmen were put into requisition, and out of a great number of nameS, the follow ing answered : John Hughes . Thomas Salt John Burman Benjamin Hughes • John Worberry James Leakin Edward. Shut tlewort k . . - I . .Burman. - When the book was handed to the Foreman, previous to being sworn, - • Mr. Weider,: rising up, said, " Will , you give me leave to ask you one question ?" , Cur2r BARON-11 you itate your question I will put it. Mr. Wooler—Has the Gentleman ever given or expressed any opinion upon the merits or demerits of this case ? CuIIEF BAK-N—Tbat, I think, he is nut obliged-lo answer. The .Juror, of his own actors!, disclaimed having given any. The same question was put to the other Jut ors ; hot by command of the Court, they declined giving any answer. , Mr. Hughes, a talesman, WaS about to he sworn. Mr. Wooter—Pray, Mr. Hughes, will you indulge me in an answer to my question ? • ' Curvy Banox—Yes, I think as Mr. Hughes is not a Special Juror, he may answer. . Mr. Wooler—Have you ever given any opinion upon the merits or detheritt - of this. case Juror—l have not. By Mr. Lewis—What profession are you? CHIEF. BA aux,—The Gentleman must not answer that (furs tion. - John Burman, the next Juror, was asked the same ques tion ; but hesitating to reply, Mr. Woolcr said—l object to the Juryman, on account ol -his incapacity. Mr. GI A inix to the Juror—Have you said, at any time, whe• ther these defendants were dr-were not guilty. Mr. Woolzr— Sir, that was not my question to the Gentle. man ? , Mr. CLARKE—I endeavoured to give the substance of it. Mr. Wooler—My words were intelligible enough. To an ordinary understanding they would have conveyed my meaning. Mr. &MIKE—Sir, you forget to whom you address this language. - Mr. Wooler—lP I have spoken improperly I am of en to the correction of the Learned Judge. Mr. CLAnisr:—My Lord shall decide. The Juror disclaimed having given any opinion. • Mr. Lewis—Do you understand the question CtilEr BAttoN—Mr. Lewis you "Must be more on your guard I consider the observation unhandsome and impro per.. Mr. Woofer's meaning was very intelligible. After being interrogated in the same way, the other Jurors were sworn, and the .cause commenced. Mr. 13.1.1,GUT opened the pleadings. The in dictment charged the defendants, George Ed munds, Charles Maddox, John Cartwright ; Thomas Jonathan Wooler, and William Great head Lewis, with ,being malicious, seditious, and evil-disposedpersons, and with unlawfully and maliciously desiring and intending to raise and excite discontent and disaffection in the minds of the King's subjects, and intending to move them. to hatred and contempt of the. Government and Constitution as by law established, and of the Commons. House of Parliament as by law esta blished heretofore : to wit, 041 the 12th day of July, 1819 ; and on divers other days and times, as well before as after, with force and, arms at Birmingham,. unlawfully, maliciously, and sedi;- tiously, did . combine, conspire, and confederate with each other, and with divers other disaffected and ill-disposed persons, for the purposes above mentioned, and unlawfally to nominate, elect, and appoint,a person to be .Kepresentative of the in habitants of Birmingham, and to clairnadmission into the House of Commons as a Member thereof, neither they, the said defendants, nor the said other conspirators, nor the inhabitants of Bir mingham, being then lawfully authorised to no minate, elect, or appoint any such Representative : and that they, the defendants, and various. other persons, in pursuance of the said conspiracy, as semi?led to the siumher of 20,000, for the pur pose of hearing divers scandalous, seditious, and i n fiathinatory speeches, resolutions, and writings, concerning the Government and the House of Commons, utterer/ for the purposes aforesaid. • The'defendants, &c. so assembled, were charg ed with having uttered speeches of the above de scription, for the pUrposes already stated. And that the said conspirators. in fUrther pursuance, 4c..did with .a loud voice say, utter and publiSh divers seditions, .malicions, inflammatory matters and of:' and concerning - the'GOvernment and Constitution of this; realm; as by - law esta -11401, and of and . concerning the commons Itotte of Parliament,.as by law established. And the said conSpirators - did aid and assist in causing and Procuring one ,Sir Charles WOlseley, Oart,'to . be then and there nominated and appoint ed the Representative aforesaid, and to claim ad, i9isSiOn into the House of Parliament, `as a Mein -4r thereof,_ neither' of the 'said COnsPiratori be • • . mgm any manneriawfully authorised so to do:. The - defenklants pleaded - Not Guilty.. Mr. Sergeant V,AnokiAN . . then rose to address the Jury. It wasi,a pleasure, he said, to him, to beat •length, .perinitted -to ,addresS them . orr the part of the Crown, after so much ,of their time had "been already . waited. .The charge under which the present defendants lay, was that of a seditious .ConSpiraCy,'and4ruly, if,offences were to, be estithated according' to the degreeef dan ger which they inspired,. this was a frnisderneanor of the first-class. For What- could' be more cri- urinal in stthjects, titan by words or actions tt# excite discontent and disaffection in the people towards the Government ; to arraign the integrity of an important branch of the Legislature ; to assert that the House of Commons was not .the A representative of the pen , and attempt N; form of its proceedings by twa vi c (.\\ heir ON% a • writy ? t.C1!.1 wh I ent f r eaVid a • tion, yet the Learned Serjeant said,; there were certain parts of it, torwhich - he_ wished to dray./ their particular attention. - These 'he would ar" range simply, and he was sure -they would- be easily disposed of. In every criminal inquiry, it was very desirable the Jury should have a right notion of the charges preferred, their. nuure and extent. Here the amount of them -es'a 4 this :—That the defendants had• conspired. td excite discontent and disaffection towards the Government, and that they had procured a presentative for Birmingham -unlawfully, and -without proper authority. That they had also instructed this Representative to force his waY into the House of Commons,. and to use all his efforts to bring about a change there. NoWs to these acts, the objection was two-fold .; first? the defendants met without the legal sanction of the King's writ, and they. were guilty of an arro-- gant and presumptuous usurpation of, a power of legislation, for one branch .could not alter what had been the work of all three.- Without goilg back to the very dark periods of our history, whell the King of his own motion called men to Par' liament, it was certain that by the Constitution as now established, this was a gr9ss violation: o( the-prerogative, and an assumption of legislative power. Although the King in early times,conh t call persons together to Parliament, yet even he in the present day could not make•that alteration in the Constitution which the defendants, in their person .and by their own authority, attempted- The King - could not issue new writs, that is, he could not give the ,elective franchise to a place which bad it not before-4 - iis incapacity so to d° was declared by Act of' Parliament. When tar e country effected the Union with Scotland, th Act of Parliament which sanctioned it declared , ' that whilst England should have 513 Member' • in the-House of Commons,•Scotland should have 45. Therefore any increase Of the number, or any alteration in it, would be a violation of tha t soletnn treaty to which every branch of the lei gislature was pledged. By consequence the King had virtually abdicated and formally p ar t ed with his power of increasing the members - of til e representative legislature. This power th er4 rested only in the three branches of the lesris l l: Lure together, uncon stitutional in the Band of arty one.. SO much for the objects of tli c e conspiracy, but as to the conspiracy its eh or the means which were, used 'to :card these objects into effect, it had always bee, looked upon with a particularly odious an d j e, loos eye by the law ; so jealous, indeed, that e .O ; where the purposes were legal, the C on stituti°, hath ever set his face against conabinatious." " But how much more, obnoxious must they it when not only were their objects illegal, but 0; means . of carrying them into execution so ve r - i , unconstitutional ? This was not the place t e into any idle discussions upon Parliarnentari Reform. Whether -it would be advisable to ect-c, tend the elective franchise more . widely-, or , unmake some alterations which time and circul:c stances had made' in our Constitution, Was ' l 5 now the question. The only con sid e ration Ol e ; whether the defendants had taken the prePi l steps to accomplish these objects. It bed he,,, ( _ already seen that such a power was vested in the three branches of the Legislature, atidd followed, the more each individual signal e himself in arrogating to himself that p rivileg o". the greater was his guilt in the eye of the 'the Having made these prefatory observations , the Learned Serjeant said he was now come t° to fads of the case, and he would endeavour top t t i e them simply,. and as they applied, to each 01_,n, defendants. It was known to every Gent on the Jury,. that about the time in question, es 4 for a considerable period preceding, great distre,fi was felt in the manufacturing districts• r if l ' ii e were,- perhaps, also aware, that these u e f tresses were irritated and fomented by mea ns A iif public meetings, and by the efforts of some the affected. men,.whose care it was to-infuse W a r minds of the public, the notion that all their beir fortunes were owing to the misconduct of Lie Governors, and the base corruption of the .I; ci l of Commons. On all sides no pains were S' ea to inculcate those falsehoods, and continued,ber of the people served to: show at whose doorl.irely laid the' blame of distresses, which were elitit the offspring of circumstances. Action is .n removed from conviction, and the great (Alec . t Dif to make them show by overt acts of outrag e oi l sense which the people hid of the purity of the o f monsllouse of Parliament. Like some mo re „boll` wealthy and restless neighbours, Pirm il3 ' o/ a 5 had the misfortune g ~ to he visited by such ',opte he had described. In every part o f tl'3ovoiel lent town there were persons to be foun d ae! business it.was to revile the Constitatio°7o.oo: more particularly the House of Comb-lons. . 1 1. 0 i; such beginnings arose the meeting, for as:sist which the Defendants were now to answe r ,-;0 0 was on the 3d of July that theCierk of tli e d aa'' had notice .of the meeting, and almost-104014i/ diately after a secret Meeting was 'the resoltitions to: be proposed were dig° no w It arranged, and to which the defendan ts . the Record were the only persons PrLt" ° yali ti ; would be, found in the evidence, - tli a D ii P o Cartwright- - had arrived at girminahar°oo4' - 10th 'and the (lay too' lodgings same • .1+- . y, f e od°o l immediately :waited upon by the Pe who called . that day, Saturday, d -ae` t ie; is 's o Sunday—the' 'meeting . was: fixed or 0 te betw e .';,teeti r !,', , Every.thiughad. been arranged he a , jou persons the VerydaY previous to t 11 0 It was, - Of course, impossible to l et rne an A into ;the- Cabinet - secrets of thes e is ned,cli their , overt subsequent acts t°V- 1 i a tiva • otc strong Probability that tlAe reso ra ar ,rbe "all were proposed mext day were e s, and digested that day at the an 100