The Sun. — London, England, 1820-04-06 00:00:00

LANCASTER LENT ASSIZES. TRIAL OF KNIGHT, DEWHURST, AND OTHERS. SECOND PAY-MONDAY, APRIL 3. The Court met this morning between 9 end 1 . 0 o'clock Hod the names of the Jurors having been call.. el over, Mr.-WILLIAMS observed to the Court, that he feared he had on Salurday spoken with too much diffidence on the law as to the right of the people to carry arena in self-defence. He now stated bro.dly that the people had the right, and it was only the ill use of them that could constitute a crime lie feared that it might be looked upon as an abandonment of ditty, that he had not urged this meitter more. strongly. Air. Jpstice BAYIAY—I Cannot, consider that persons have a right to go armed in that way iii contemplation of an attack. The examination of witnesses for the defence was now pi ()et elid in. • John Gins, exam i ne d by Mr. WILLIAMS-1159 k1t0 ,, .0 Fletcher from a third. Saw hint tierce or foot- wt , rlii alter the Mauch,ster meeting, and he ftett asked the witne*s if 1 e bad his pike ready, fOr it would soon be wanted. Mr. Justice,llAvt.Rv—l do not think this aduti.sible, but I will take a note of it, and wish you to state tile nature of the evidence. Mr. WILLIAMS—We propose to show, by this witness, that Fletcher was itt the habit of inciting sod soliciting . people to arm themselves ; and, therefore, those who attended the int cting might hate been induced to do so at his instivtion, in stead of that of the defendants, as charged by the iodictnlynt. Alter sonic observations front the prosecutor's Cnousel, itihn Cross was called avain—Fletcher told me the pikes were preparing. I said I did not believe there was such a - thing. lie told Inc he co uld take me to where there ,were plenty. James Chadwitk was called, as stated by Mr. Coltman, to prove violent expressions used by Fletcher against the Government ; but'Mr. Jus tice BAYLEY thought it was not admissible evi- denee. • Mr. W. Lees, watch-tnaker, was at the place of meeting before the people arrived. Saw them come in with music and coloura, not different trom Orange meetings. Saw Ho arms. The ►meeting was conducted with peace and order. Heard an alarm after Knight arrived, but it was s , ,on Peaceable. There were no seditious or in flammatory expressions use►! by, Knight, but he exhorted them to peaCe, and rather to accept an insult than to ()far one. _ Cross-examined by Mr. RAlNs—lle bad the naslingdon•flag at his house for three or four days, With toe inscription, " Thou wast covered with anger, and persecuted us. Thou toast slain, and berth not pitied its. Cursed be their anger, for it was fierce ; and their wrath, for it was crud." 11. Haworth was at the Burnley meeting ; went about one o'clocii, before the large body came in. They came in civilly. Soy Knight arrive. Went within about ten yards of the hn3tiut4s ; heard 8 1,1 at of military, once before Noight came, and once alter. Did not see any pikes or pistols (11 ei:her occvion. Could hear distinctly all that was said ; nolting was said about o , erthrnwing. the Government, or all rising in one day. When the second alarm was given, Mr. Knight put out hiss hand, and said, " Be still,; I can see the dan ger before you—be peaceable, and .keep good 'or der." This was repeatedly said, and he told them to go home peaceably shortly before he carne from the hustings. Every thing was peaceable, ex:•ept when the repott was made of the soldiers. Cross-examined by Mr. Scrieant Cnoss—lam a weaver at Ilaslingdon. Did not go with Lees. There might be about 200, and Only one flag. 1 dithiot belong to them. They might meet at a room to arrange the meeting• I went across the country, and got to the place bdore the people arrived. Did not see figures on the flags. .Lmes Otmrod Atkinson-1 am a shoemaker:, I get to the meeting about one o'clock, and steep. pert until it was over; was near the hustings, and could hear every word the speakers said. I did not hear an expression about overthrowing the Government. There was something said about their tising in one day to petition the Prince Re geet.about a l a w that was to issue. The speakers wished the people to he peaceable, and not to give . any offence to any one. This was given at the begiuning and at the end of the business. Cross•examined by Mr. RAINS—I did not re. membt r what was on the flag, or whether there was " Order, Love, and Unity." " The King Bred his Throne shall be established." " From • Si:'meuth's bloody black coats, and from the Yeo manry cavalry at Manchester; friim all oppres sors to the poor and needy." I will swear I did not know or believe there was any thing of the sort ; I do not koow that there was on others " Magna Charte," " Henry Hunt, E-q." v esdoes front Mr. JdAlice BAYLEy—.4 was there when the alarm of the soldiers was given before Knight came. It did not induce me to move away ; I could see a greet part of the peo ple, and those who were in front of the bust jugs. I did not see any pikes or pistols, or staffs. .1 never saw a pike in my life; they had sticks like weiking-sticks ; I thilik if any pikes had been pro duced near the hustings, I should have seen them, and none were produced in nay sight ; I heard a single report of a pistol as I was going away ; it appeared to.he at a distance trout the crowd ; .1 did not see the smoke. W m , Motogomery—l was at the meeting be fore Mr. Knight arrived, and stopped until it was over. There was a run, and I was carried back 9or 10 yards. When the speaking was going on, was near enough to hear what was said!. No thing said about overthrowing the Government. The speakers frequently desired them to be quiet, and to give no offence to any one ; and just before the meeting broke tip Mr. Kuight desired them to be peaccaele'aed qtiiet, and in no sense of the seurd to give offence. There was no riot or of fence given to any one. Cross-examioed—One Patrick Hughes who iteas Uattged was apprehended at my house : lie was working for me at My, loons , he concealed hire belt in my cellar. Remembers " Annual Parka- nrents,lJuiversel Suffiage, atia Electi•!n by . 11,11- lot." 1 was charged with embezzlement, but but rid of it at the Qu•+iter Ses•ions. 11r. Justice BAY Y trieSliotle4lo.l . and he said he did not hear atiy thittg, about ri4iug or meeting all in one day. Robert Howarth—l am a weaver. I was at the meeting at Haversham Eaves, and went with the procession, and stopped till the meeting was over, and was about 15 yards or front that to 30. Heard the speeches and resolutions : nothing abeet over throwing the Crovernmenr. They said they wish ed the people to be peat eable and quiet, and in good order, and not to molest no one iu the least. No disturbance except the alarms. Closs-exatnined—No pike-handles were found at my premises, but a shaft belonging to a loom. There was on a flag, " Open thy mouth and judge righteously, and plead the cause of the poor am) needy." - el Magna Charts, Bill of Rights, Henry Hunt, Esq., Liberty or Death." On another, " No Corn Laws." On the first flag was, " Black M os s R4orillerS." " 'Dion Shah do nt , murder." " Universal Seth-age." " Armee' Parliaments." " Vote by Ballot." 1 don't know what any of these are. Saw a figure of a %comae holeitte a child, but whether it was without a head I cal,- not tell. I. ans wer to Mr. Justice BAyLEY — The flaw %vete furled n o before Knight came. lid not hear atty thing abo'it a rising or meetiee all on nue day. Saw no sticks, or pikes, .or pistols. I tees cart ied off five or six yards byhhe eeeple on the first alarm. James Pollard, treavere near Ceine.—Weet to the meet lug with the procession ; was at backside of hustings ; afterwards thertged my situation to the front, and was fire or six yards off. Could hear what was said ; no word abirut overthrowing the Government. The speekers exhorted the reeple to be peeceable, and to beware of spies, who would endeavour to alarm the people and create disoirttece. This was frequently done ; and be fore they separated, they wete advised to go home peaceably. Cress-examined. Might see the words " No Tyraney;" aird also the name of Hunt. Bytir. Justice BAYLEY-1 reineMber that it was said; if the Habeas Corpus Act was suspend ed, the people were ante) meet on one ray through the kinedom, to send a petition to the Prince Re gent, that the Habeas Corpus suspension might not pass into a law. William Dyson,. of Rough Leigh, got to the ground about - one o'clock ; went - after his chil dren, who had cheated him, to send them home Heart) Mr. Knight tell the people to keep peace and quiet toss. Crass-examined=--Noows Witham; has been . there to read newspapers. Never went with Wi th int Inc the Rough Lelph.flag. Here the case for the defendants closed. Mr. Retee (it) the absence ot, Mr. Searlett) * now rose to reply. The present case, he t bsure ed, was one of as grave'and serious a mature 'as he had ever met in the course of his professional earee r-e-one, of which, should the'Jury be tottered by the specious arenalent3 of the Counsel oil the other side, to accretit the defendants, tiny would s tep fi .d standard, not only of sedition, but of rebellion, raised in every part of the kingdom, and front the government of the Is w s we s h ou ld be reduced to a state worse than barbarism. The Jury had heard from the Learned Cortese' on rite other side rot inek.tive against the iirouresa length of the prrs " tit indict - meet, which he had teemed enbleshing ; but that Learned Gentleman knew dolt such a length was unavoidable, tram) the na•ure of the charge, and most be so iii all Si!Cil cases. lie (Mr. Williams)• had also corn plained; that some of the prisoueis lied first been accused of high treason ; but that now the prosecutors had shifted their grounds. It b e e been so, and certainly its first appearance was that of high treason. In its present shape, it came as near to it as possible ; acid if sortie of the words proved to•have been used - had been follow ed by any overt act, the case would haYe as sumed the characterofehigh treason. However, the. case of high Amason was PoPelly - given up, and he now stated to the Jury that the pro secutors also gave op the charge of conspiracy,. which was in the indictment, though he was cer tain that •abundant evidence had been laid befote the Learned Counsel who drew the iadictment to warrant his drawing it as he had done. The points to which the Jury would have to direct their at tention were, the illegality of the meeting, and the conduct of the defendant. It bad been said, on the part of the detendaars, that numbers alone did not render a meeting illegal. He would not take that proposition without sotne- qualification, because meetings even for the most lawful pur pose might be in such numbers as te have a ten dency to riot, and to create alarm. But not only according to the Learned Counsel for the defend ants, might tneetings assemble in any numbers, but they might also go armed. It might, indeed, be true, as laid down by Mr. Justice Blackstone, that persons had a tight to have arms ,for self defence ; but he denied that such a right was any where mentioned as that 01 going to public meet ings a rmed, or that any such right existed. Learned Counsel then proceeded to cotemetit upon the evidence as it affected each of the defendants; and, in ceeclusion, he admitted that there was riot setlicient evidence as against the defendants Wade and Astir). He should also observe, that the only thieg which had - been proved against. Arianism) was the fact of his having been on the hnstiew with a cap of liberty. . Mr. Justice BAILEY, at about 4 o'clock, began to sum up to the Jury. lie commenced by en treating them to dismiss front their minds any feeling of prejudice Which they might have im bibed on the subject of the present prosecution, and to let their verdict rest upon the evidence which was before - them, .and upon that alotte. Such should ever be the conduct de British Jury ; and if with thos'e feelings . the defendants should be acquitted, they would admit they had a twit: trial ; if, on the other hand, they sloodd be con , victed, they must feel that it was only from the force of evidence.'• The two charges to which the Jury should' confine their ett e etion were—first, that die detendaots and others had 1)(113%01 111 y as sembled for the propose of exciting disaffece ion, eec. ; and the second was, that they had aSSVfli bled to the common tettur and alarm of Iris Ma- je , ey's liege sOblects. His then proceed ed to lay do aot the law UpOn both these points neatly i o the sanie terms' as those he osed in addressing the Jury at the recent trials at York. 'l'e) coosti tote an unlawful assembly it was not necessary that any riot or disturbance should take place. — The mere assembling with offensive oreapons was, in some instances, held to constitute an unlawtol meeting. Any large body of persons coming t.o gether, under such circumstances as to excite ter ror and alarm, would be an unlawful aSs , enbly. Corning armed to remedy ot common grievance, would also bj illegal. In looking at the present meeting, the July might he of opinion that the object of the great body assembled was liwtol, I • and their intention innocent ; but if there were any amongst them who wished to give a wrong turn to those intentions. the toeetiog, as far as they were coliceined, would be unlawful, and they would be guilty, though all the others ini 4 itt be ittooceut. If sonic persons went armed to the meeting in the expectation of attack, and deter mined to make resistance, they would he acting illegally ; and any person why saw them there, and remained afterwards, would also be acting it legally. In the same manner, it any persons went to the meeting, not knowing that there Were to he any inflammatory speeches, or 11-eggs with inflammatory iosctiptions, or any persons armed,. and that they afterwards saw sock flags and arms,and heat t! such speeches, and yet continued at the meeting, t h e y would also be •actin;; illegally. With tespeet to the terror which the meeting was calculated to excite, he thought it would be one of immediate danger ; bet it the Jury should think the danger froth the Meeting Was remote., or only of a future rising, they would give a spe cial .verdict to that ellect, as his mind eggs hot pcifectly made et as to that being tl:e loud' of tenor whi, h would tender the meeting illegal. IV had no 10-sitation in saying, that a meteinou the subject of bringing persons who bid commit ted crimes to jostler W4S a legal One, but, sitting _there, he did not judicially know who those were hr► had commitied crimes such as had hett al luded 6). thoil -be had jodiciai knowledge of the proceedings at the Manchester meeting;, he could give no opinion on it. They might be pertectly innocent who caused its dispersion, or they Might he guilt y. He could not now di cede ; but, if ever the subject came judicially before hint, lie should be prepared to give his opinion on it. lie agreed in the opinion, that numbers alone did tort render a meeting illegal ; there should be some circumstances attending their assembling calcu lated to inspire terror, before it could be so deemed. If he saw a large assentbly, consisting of men only,. he might perhaps apprehend. dan— •gere but h e could not have - the same feeling it it, were mixed of men, women, and children. lie cold& not concur with the Learned Comisel for the defendants in - the statement that people had a right to aim as he had described. lie admitted that any man might have arms suitable to his rank, but _pikes were not of this description ; and in point of law he had no difficulty in saying, that the people had no right to carry arms to a public meeting because they might coutemplitee being attacked. Such carrying of arms was hkdy to excite terror, and was thelefole illegal. • His Lordship theo proceeded to go Ott-noel' rite evi dence, commenting as be went ; awl in the course of his observations took occasion to r ec oi l , flint he had . atked one of the WitnesSes whether any, and what portion of this meeting was composed women and children, in order to form a lodg ment as to the peaceable intentions of the pat ties ; and lie added, that in a recent investigation Which had taken place before him, respecting a Large assembly of a similar teatime, it appeared that a great portion, at least one-eighth par't of it, was composed of woinen and children which circumstance had made a great impression- net his mind, that no mischief was contemplated or to be apprehended on that day. In cooeitiSioo, his Lordship said, they Were first to consider Whether the meetiog was calculated to es.cite terror, from the people being furnished with sticks nod stave.:, considering that the womeu were hahited in mourn ing, an d that the staves were mounted with crape; and if they were of opinion that terror was excited, then all the people wit' saw these things, and still4emained, - were guilty of being present at an unlawful meeting, and especially those who were active partisans. It, however, they were of opinion that these appearanees , sere not - calculated to excite alarm , t hen the y were to _cimsider whether the people having pistols anti pikes were not likely to excite terror , and, if so,' then , their verifier should apply to siren of the defendants as. saw them,- and upon this point the evidence was much stronger against Dewhorst and Broadhurst than any of the other defendants. They were next to consider whether the inscriptions and drawings on. the flags wet e calculated to excite sedi.ion and disaffection ; acid; it so, Deerhast anti Broadhurst saw them, gird afterwards remained to take a part in the proceed-7 logs, then they 'sere goifty. • Lastly, they wete to consider whether they had had an accurate ac count of the speeches and resolutions giveo. to them by the witnesses for the prosecution ; and it they had, and they thought them calculated to excite disaffection io his . Majesty's subjects, theti those who tittered thcm, or remained to sanction them, by holding up their bands, aregnilty ; but he begged to say, that it the Jury entertained any douut on either of these points, or as to the parti• cipation of the defendants, then it would be their duty to acquit the defendants. The .Tory retired, and, attet consulting together for allow twenty minutes, returned with a verdict Of—Guilty against all the prisoners, except those two (Wilde and Astro) as to whom the prOseett tioti had been given up. It was remarked that the verdict was a general one ; though Mr. Raine, in his seedy, had given up the counts which referred to the charge of con• spiracy. It was, however, tmtletstood in Court not applying to that charge. Me. Justice BAYLEY was about to pass sen tence, when Knight requested to be followed tee say a tew words in mitigation. His 'Lordship said, Ire would give .hito and the other deleudatit S till to-morrow morning `to prepare any affidavits, or any statements for that purpose• ACQUITTAL OF RICIIARD OWES. Richard Owen was next put to the bar, charged with wilful end corrupt perjury, in hiving sworn at the New 11,1iley, in Augnct last, that he 0 4 Nloorlionse on the hustings in cuts iony ni , " c on the day of the meeting on the 16 , 12: He WO ;,ivel) in charge to the Jury ; and Mr. C. Pearson and the itresses on the back of the indict' ment being called on, but not kippearing to glue evidence, the Judge directed an acquittal—he tvas of 'course discndiged. '[lie Court adjourned at half past 6, till o'clock to-mort ow morning, • TIM AF IRS OF SPAIN. PRIVATE LETTER FROM GIBRALTAR, MARCII 16°1 " Ott the 9th inst. a dreadful massacre look place at Cadiz. General Faavtis (who had been recently , sppoiored Captain-General of Aodalusia) invited Qiiroga (the Insurgent Chict) to enter and assist at the ceremony of swearing to the Cons . stitutioo.; Every thing was • prepared, .and the troops tinder arms in the square of St. Antonio. A le..v militates previous to the. cereme•ny, the re giment of Gait's. suddenly shouted Viva el Rey , and tired on the populace, of whom about 4 -7,;00 or 609 were, it is said. killed HU,' wounded'. 'rho Bishop of Cadiz is supposed to have been the ill' stigatore•—he has been confined, aud, 'it is sup' posed, will t he brought to puoishinent. raved !town in his Province has proclaimed the Consti' ttition, and the greatest part of-them did it before the nitte's Older arrived. General Aliranda,.t lo late Governor of Cettia; and General Nrenega's , of Coluuna, are io this garrison ; the-ratter was brow;lt! into the Ilay'a wisouer on board a....Spa' ni‘ll ship, on board wett-h he had been broiogis t truth Corillitia, having beet' expelled thence - hY the Insurgent party-; he was liberated from rit e vessel ut the VeIIIMIStrOIICC of General Dot. .Ge nera l Juze O'Donoel is a fugitive in the neigh' bow - hood of St. Hogue, having been en,irely Lk' serted by his troops. His wife is in Gibraltar , and it is rumoured that site has-b, :en the,autiko r of a report of a vessel from the coast of Africa I aving been allo ,ed to communicate with Isla de Leon, without the enforcement of the iine rantine •regolations ; in coosequence of which the Governor (General Don) has placed a cordon , tahich still remains, to the woo annoyauce of th ° inhabitants, and injury to trade." PRIVATE LETTER FROM BILBOA, Naaco 22. , We got to Santiago the day after ttie clamation of the new' Constitiftion, anti found every thing very different to what oche experienie s travelling through other parts of Spalo. 'negates were 'open—no goatds and no precautions—an d we proceeded to the Passado without a single it)" goiry. All through the streets every h9dy Neared joyful and full of conversation. We wait' hardly imagine that so important an affair et# r e volution had taken place, and that only on itl preceding day. The people Were glad •beYoo d measure, but they hardly kneue how to believ e their senses. The Governor (ad interim) Acevedo, told us, that in all the province ut Galicia, ceptiog at ()reuse, we shciuld be as free as in',Gog i i land;_ hut, in those situations where the King 9 1 1 ' retained his authoril, we should- meet with ittl' pediments. " The people here (11ilboa) begin ter breathe again. Their expectations .are very high Eke to the benefits they trill derive from this g l io rieroi change, the more - so as it has been bionelit abOu c without the shedding of . one drop of 'blond; tt c least in this direction bit( it has terminated' unexpectedly that 11. e Ministers .rewty appoitAte`c are unpreented, for such an event, and we mil% await .o.ne I;tt le time till they. decide on the b e ' measures to be adopted. Att order Carne out, do t ' e d G,6 - Mmich, permitting the exportation of riot's productions of Spain duty ftee, but, ,as rt was before the acceptation of the Constitution tl c the Kitig, I should presume it was the lastetfor o f hi s M in ,er,:rs to stop the insurreetioo it e• 4l : # not be acted on - for the present until t:!Oltfirtrie t 'i The impol cation of cotton, and the modetatioh duties on woollen goods ate anticipated." At an early hour yesterday morning F thieves, by of forcing o p en one of Ih window' of Stepney Chapel, riveted it, to it i strippest the pulpit of the black sloth, forced Open a cupboard the vestry, and rtfl e ' i it of 14 bottles of wine, a q uantity of candles , " pair of silver candlesticks, tue Cosumunion &c. all of Which they carried off, together, with a large loOking-gLiss. About fit,e o'c;o cr* the same morning, as the. watchman was gvi n v his rounds in the Commircial-road, he saw !'' s men in stii!or's apparel coming towards him ; 61) e of them carried a square box on his bead, „and ' ll ,, other looking - glass and a pair of cantllesti o f unuer his arm : ,he stopped the man who carr iet o the box, but the other efft:cted . his escape, leag i ' l behind biin'the glass, and carrVing off the canto illesticks. The min and the box were taken Shadwell Oice yesterday„where it was found (, contain the wine, candles, and cloth, which, I° gethee with the box and looking-glass, were id e s , , titled by Mr. Davis, the chapel-keeper. The P r o l o soner gave his name Thomas Harley.—He _fully committed for trial, -- • . . COAL. MARKET, Aram 5. Ships at. Marhrt. Ships sold. Price. 5 6(1 100 : f Newcotlo 2 Sunderland (?d- to 415_y M.I.ItRIED. . Jo l t Tuesday, the 4th inst. at Worl,inzharp, Berlt , - co d Fivury Cov.Ard, of Berners-street, to tioptia'-.lwellia, ge dans - btu . of Bartholomew Browne,,Esq. of Wo,,kifigharis' DIED. • • the 31st tilt. at hiS hoUse, Nitivstreet, Portman -s q °(ef Mr. J ( 0 .olia)) Patton, aged. 2i. • • . • - Monday last, at her father'i house, ITerniont , r ecti lotto, the wife of Mr. C, Cope, of Upper Seyalourl7 , Purtman-square. On the 17th nit. sat the advanced ac'e' of 37, M- 15 '„, Hubbard, "f Hingham, Norfolli,; a,1:! on Tui•s4l3v r' j d ;- hand, Mr. .Wltliatu Hubbard, aged el. They had upwards of siNty years. _ • ig Lately, at Smartly"), Kent,, aged M a tth e w Park er • f his own request he was carried to the ~;ravt by foli c . ° - - subs. . t s , • aa LONDON: Printed he d. B. CARSTAIRS, of No• '''' it'• :4 Orniond-street, Quo:en-sli , ;.tre; and published b . ‘": .'l , l , StltiPPS, of No. 7, South 111.1 ton-street, at I ' l OO lO thhce, No. 112, Strand ; ,where Adrettiserricr.t s, Lettett6, &c. (post-paid) must be addrcsscd. I , . sh, Ca itte tai cad Fri ler 4 Br a z , Ti ~' I