The Sun. — London, England, 1840-01-14 00:00:00

EVENING EDITION NUM Al ITH S PECIAL Vi ISSION. ------:a;.-- CONVIC'I'ION OF ZEPHANIAH WILLIAMS. MoNsz.)tyrn, Most-Lot E'rPINIXO. The Court sat this morning- at nine o'clock. On the prisoner being placed et the bar, Baron Parke, addressing him, said—Prisoner at the bar, you intimated on Saturday that y,,,u possibly might wish to address the Jury this morning.. Prisoner--I djtl , my Lord. Mr. Barua Nrke—lf you persist in your doormination, this ie the p;oper time. The ! .r loner Willi ams h ere turne d g h ast l y pa l e, paused for a f ,c . .v moments, and then, in a faltering tone of voice, salt,—My Lords, Gentlemen of the Jury, [ am entirely in r.ocent of that with which I stand here charged. I never entertained any notion of the kind imputed to me. As re lates to what was said by the witnesses examined, I assure you it is extremely false—at least, the greater pa. tof it, I never entertained the least design of revolting against t'ne Queen, so help me God !—( [Lire every feature in t±,e soner's face quivered as with the most intense ag on y, Hi s eres closed, and when he again opened them th e y seemed to hay" lost the power of beholding thtt objects around him. He leaned his head uoon his hand. tad it appeared as if he were about to drop fainting in th^.., dock. The .fudges wa it e d a t e w minutes as if aviih:,, g. t o g i ve hi m t h e oppor tnnity of proceeding. After + . : 4 . e p ause )._ Mr B on Parke-11t?l- is al! vou wiAl to say' PIA, rny Lora. The Court their, allt.d upon the Attcroar-Alenaral to proceed. The Atterney_General—My Lerch, and Gentlemen of the Jury, it eow become s my duty to reply in this lane— ' this meet oneortant case, on the art of the Crown. You e have .•,,_d the dedarition of his p i n nocence on the part of the awisoaer et the bar. you will pay ec - ery attentiatt to l e.hat he Anys himself, and to -wliat has been said on the part of the Learned Count:el. Ile has been very zealously defended. It 'night be a reeurreatueus ib.: me to offer soy opinion wi:h respect to my Learned Friend Mr. Thomas, a gentleman of great exrietience and long standing at the bar ; hut I may us. : 1. , -. e liberty, ronaidering the station to which [ h a v e had tile honour to be elevated, to :say with respect to Mr, 'Rickards., who is so much junior to me, and who it wily entering the profession, that his Was one of Ord abkst addresses to a Jury which it has been my gor e d fortune to listen to. It was marked by do- quete ce , it was distinguished by argument, it was iu the aney best tone which an advocate ran assume in eddresting en English Jury. I venture to foretel of the taentlemen by whom that speech was made that he will turm an ornament to the profession to which he belongs. Still, Gentlemen, it is my painful duty to make observations to you on arguments thee. hive been addressed to yon on the part of the prisoner. I hope to do so with candour and moderation, but I must not shrink from the _p_ublio duty imp ose d uprin me. My Learned Friend Mr. Thomas complained that we have prosecuted this and the other prisoners included in the same indictment for high treason. Whatever be the re sult of this trial, I think that you and alt impartial men will say that no other course could be pursued, Mr. Tho- mas says there ere millions sympathising to ith Lire result of these trials. I believe so, hut they arc eveapathising with the proper administration of the law t and that they will receive your verdict with reverence and respect. It is a matter of history, as it has been said by my Learned Friend, Mr. Rickards, that there has beets an armed in suerection in this country ; that thousands of persons have earned themselves in a most formidable manner, that they entered the town of Newport, and there attacked th e Queen's troops, and that there was the loss of many lives, and that great disarey was occa sioned, not only in this county, but over the United ' Kingdom; that Government would then have aban dialled their duty—they would have failed in the pro_ .action they owe to the peaceable subjects of her Majesty, if this solemn investigation had not been insti tuted, Mr. Thomas says that he is surprised that there should be trials for high treason. The euepriee of Mr. Thomas should be that treason has 'ocean committed ; not that, when committed, it shoul.l be prosecuted ; and to my surprise Mr. Thomas seal we ought to follow what was done in the rebellion of Jack Cade and Wet Tyler, because he says in those cases there was no prosecution for high tr eason, and the persons who rose against the Governreent were punished by martial law, We appeal , to a constitutional i'arv, but, not like :Mr. Thomas, give to the accused ever, advantage. We asked. a Jury to con• cider deitteneetely and seriously upon the guilt or innocence of the ate:Geed. Allusion cgs been toads to a former trial, wed therefore I am justified in observing, that the Coure ee l who so ably, so powerfully, and judiciously dee feed e d Mr. Front, acknowleriged that the Government was fully justified in the course that has been adopted. To my surprise, likewise, Mr. Thomas says that it would have been much more fur the benefit of the prisoner if he had keen tried under the Riot Act ; but how tne Riot ;tee applies to cases like this, I, as a lawyer, do net underetand. But if the prisoner had been capital' s . indicted under the Riot Act, he could have been instantly brought to trial upon the indictment being foure_..h e could have been tried without having a cop , : of the indictment —without having a list of witnesses, and without having a list of the Jury who were to J. : A upon his trial. The law has most hu manely and preperly given to those prosecuted for hieh treason advatietages for making the defence which belong exclusivel - y to this mole of proceeding. But then it is said thele this prosecution has been conducted with harsh ness. On that I must appeal to you, to my Lords, and to tb', country at large. All who read these proceedings will 'say whether vindictive expressions have been used, or arts employed unfairly to produce a conviction. If I em not I much mistaken, whatever be the result, it will be admitted the prisoner has had a fair trial, and that he has had every advantage that sn accused can desire in vindication of his innocence. But then Mr. Thomas S&:;3 that thie is an ea ! tempt to crush public opinion ! On my entering the Court on Saturday morning I heard with astonishment Mr. Thomas say that this trial was to determine whether the Government was , o bAye the power to crush the ex pression of public feeling, The same sentiment, Gentle men, occurred in variote s parts of his address. God for bid, I say, that any B. .tempt should be made to interfere with public opining * et this country. God forbid that any attempt should :)e made to prevent the aubjects of her Majesty from, meeting peaceably, and in numbers peaceably to deliberv.e on grievances, and while acting as men deter mined to, act peaceably and constitutt , nally. But then, shall i'. be said that public opinion is crushed because men are teot permitted to assemble in thousands, nearm them sole/es, to collect from various parts of the eceintry, to march upon one point in the dead of aita s 'nt, and to make an attack upon a peaceable town? Our liberties, in my opi nion, can be beat defended and maintained by respecting the law. I would even err on the side of allowing 47spres sion to public opinion, for you may, I think, give the most unbounded opportunity to the subjects of this country of discussing that which. affects them, either locally or generally, without, the smallest danger to the public peace .f the country. Another complaint has been made by Mr. Thomas, It has been said bt him that those unhappy men were 'seduced into those nutregea by the remiss ness o( the Government in checking public meetings. Wei it not the place for me to enter into a general vindi cration of the Government of the country ; but, as counsel for the prosecution, I am warranted to warn you against 'aeing led away by an argument so fallacious. This outrage ' took place on the 4th of November. You will observe that public mcetinga became dangerous and alarming during the spring and summer of last year. The Government did interfere, prosecutions were instituted, and various trials took place. There were trials against persons called Chartists, who violated the law; trials were carried on at Warwick, Chester, Liverpool, Weles, and in this very place iii which 'Se are now assembled Jurora did their duty ; there was a conviction in every case in which a prosecu tion was instituted. Judges propounded the law, and Ju rors determined the fact. In this very place Vincent and three others, I think, were brought to trial for illegal con demn They were convicted, and sentenced to imprison ment. A mild and proper course was then pursued. It Iwas then expected that when those persons saw that the law would be enforced, and Jurors were determined to do their dote, their eyes would be opened—they would have abandoned the course in which they were engaged, and reapecteel the laws of their country. Can it then be said thee those men who have engaged in illegal transac tions, which they allow to hare been of a highly dange reels character ; did it without warning, whet> they saw 'Vincent and three others confined in gaol for much less criminal proceedings? Nay, the observations of counsel take a different course : for it is said 2, , , ,, tin, that because 1 Vincent was imprisoned this insurrection took place, and the object of it was to march to Monmouth and rescue hitn from gaol, My Learned Friend (Mr. Thome e) argues I as a reason for your acquittal of the prisoner, that he (Mr. Thoma s ) approves of the ive points that con-titute • the Charter. Now, whether Mr. Thomas be right or • wrong in thinking that there should be Universal Suffrage., Annual Parliaments, Vote by 8a11,,t, no qualification for Members of Parliament, and that Members of Parlia nadnt should be paid for their attendauce—whether he be right or wrong on any or all of those things is net of the smallest conseqw•nc e in the iequiry on which you are engaged. Upon those sp culative points it is im material—it is a matter of perfect indifference to me_ whether any of You, Gentleme n , whom I now address, entertain the seine opinions as those uttered by Mr. Tha- i mas. Those that are tat that opinion, let them, I say, express it in a lawful manner. But because they may be the trite principles upon which Government ought to be con cluded, are they to be carried into effect by force, by revolu tion, and by rebellion ? This is the rtuestioe which you are to determine. There was one remark made by Mr. Thomas upon which I must observe, because I am sure it wits not intended by him to bear the inference that might be drawn from it. He said that Magna Charta was obtained by force, and that no charters were ever gained except by force. Now it seems to me that it would not be the intention of Mr. Thomas to say. that because Magna Charta was ob tained by force, the people are fl oss to rise, and by force to obtain the fire points, or that Newport was to be another Runuymede. My Learned Friend Mr. Thomas, like myself, wishes the laws to be respected, and whatever doctrines or speculations men may entertain, i am sure that, with me, he is moot ardent in his anxiety that her Majesty's subjects may be dissuaded from any violation of the law. Mr. Thomas here rose, and said that the AttoreeteGa neral yes doing him great itstice. The Atterney-General—, y Learn-ti Friend says that I am doing him great injustice. because I am contendin g , that be never wished to eneourag , t people to a violation of 1 the law. All I am doing is to guard others from draw- 1 ing an impropor interlace from the language which he has employed. Mr. Thomas here again rose to speak. Baron Parke said that it would be better rot to Leer ' rupt the Learned Attneney-General. i The AttorneyoGoneral— My Learned F, lend Mr, Thomas, then, said that the Bill of Rights gave a libety drew to persons to carry VIM and my Learned F r i en d , that as a justification for thouse.nds ef persons to arm pub licly to join together, and thus armed to march upon a 1 peac able 1:0111n , .. The Bill of Rights has given lib er ty to , caff y angh put A is for lawful purposcs—t 'la a man may ; defend his personsi ng from robbery and as sault. Bet isayta it a a use in the Bill of Rights ban been most raiaehiavouly perverted. a person ob tem arms, or carry arms !oi unlawfui purposes, he violates the law, and ie liable to punishment. He (the Attorney- Geeeet.) having made these preliminary ebtereatiohe, would proceed to call the attention of the Jury to the law as applied to that partiniar case. Th e Jury would re: ceive the law f rom, rile Judges and decide upon the f a cie. They would eof consider, as hid bean suggested b y Mr . Thomsee, and he'd Ond e been stated before i n one of the I euurta Af .!ustice, that there were but two p arties—the rlt 'Taff and the defendant, while the only oteupatieti of the Judges and the crier was to keep order. It was not, he sad, his intention to refer to the cases in Luder, cited by his Learned Friend Mr. Thomas, for he rested here upon no doubtful decision. He read for them the opinion of Sir Michael Forster upon treason —an opinion which all allowed to be a just explanation of the law, except Mr. Thomas; white, according to the law laid down by Mr. Thomas, a person might march an army of 50,000 men to put down 'eoth Houses of Parliament, and establish a convention, and yet not he guilty of treason I The prisoner, in his short addeees, said that he did not contemplate revolt against the Queen; and yet, because he did not contemplate pull, inst the crown from the Royal brow of the Queen, he might fancy himself innocent, in one sense, when, in fact, he was eeete of treason. The ease resolved itself into a question ut tact, whether there was a design to take Newport, to stop the emit, to blow up the bridge, and to make that the commencement of an ilisurrectien, which, oh its success known by the delay of post, was to break out also in Birmingham and the north of England. If there was c• Ruth plan; if the prisoner did not partieipate in any eech plan., he was entitled to their acquittal, but if there was such a plan, and he participated in it, he (the Attor eey-G seers!) was afraid the prisoner could not ask far a verdict in his farnur. He was afraid the facts proved in evidence, even without the declarations made by the prironer and others concerned in the transactions, Went tar to establish the existence of such a plan. The Learned AttorneyaGeneril then recited to the Jury the facts proved as t 3 the assembling of the three bodies; their military order and aretty ; their intention to meet at a 'c:tettain point, which was frustrated be the tempestuous state of the father; the atteretrc made by Frost's body on the Westa gee Inn tfter Frost bad made the inquiry as to the pre, sense of the soldiers there ; the order given to fire imme diately upon the refusal of the special constables to sur render their prisoners; the tire of the soldiers, and tho at tempts of the insurgents within the house to force the po sition of the military, even after their fire z and the subsea Zsent rout of the people. H e th e n t r aded the march of ephaniah Williams from the Welsh Oak to Stow-hill with 5,000 men, and said that the Jury would judge from his declarations at that point whether there could be the slightest doubt that be was marching to assist Frost in the common design, which, in their former consultations had been laid down between them They would see whether, upon the evidence, there could be any reasonable doubt that Zephaniah Williams had taken any part in the design to take forcible possession of the town of Newport, They were not going to petition the Queen or either House of Parliament; they were not going to any public meeting to deliberate upon their grievances, or to express their feelings ; they were going with arms and ammunition to enter the town of Newport, in the dead of the night. His Learned Friend, Mr. Rickards, had said that there might be a demonstration of what was called moral force. He was bound, in the discharge of his painful duty, to itek. to whom was that demonstration to be directed' Who was to see it at two o'clock in the morning? bf what use, for such a demonstration, would be thirty rounds of ball cartridge ? Had there been any puhl'c intimation given of this intended demonstration ? There had hewn ho notice, no advertisement, no placard ; it was not even known to a tinsiber of persons called Char. tists, living in Newport, that this army was approaching. Were they, sheet having marched through Newport with. out has' ed been seen by any one, to have returned to the hills? To whom was the demonstration, he must again ask, to be exhibited, and for what purpose or object were loaded guns, loaded pistols, and the large provision of arms and ammunition which bad been made intended. The Jury would consider whether, independent of any declaration proved to have been made by the prisoner, there could be no reasonable doubt that there was a design to take forcible possession of the town of Newport. His Learned Friend Mr. Rickards, as well as his friend Mr. Thomas, cautioned the Jury, and he (the Attorney- General) would join in cautioning them, not to take mere words in proof of treason. Mere words did not, and he hoped never would, amount to treason, al though they might be proofs of sedition, and subject the party using them to the punishment which the law accorded to that °Fence ; but there was more than words proved in this case. The words which were proved were words accompanying acts ; they were orders, direc tions, words accompanying acts—the very acts of insurrec. tt,n. The learned Attorney-General then proceeded to remark upon the evidence, and first adverted to that of the witness Bowen as to the declarations of the pri. soner. God forbid that they should pick out any par ticular words upon which to put 4 construction which was not consistent with the purport of the whole ; for, as his learned friend, Mr. Thomas, had said, if but a part of the text which had been quoted—" the fool saith in his heart, ' there is no God'"—if but a part of that were taken, it would seem to signify, " there is no (led." Whereas, if the whole passage were taken, the meaning of it was that an stillest was a fool. Bat let the Jury take the whole of the declaration proved against the prisoner. It was true he had said that the people were to be peaceable, and to shed no blood ; but the Jury would also recollect that he had de sired the men to come armed to the mountains; that he talked of the soldiers, and said if they were so cruel as to fire upon them, they, his friends and associates, were to do the best they could. It would be for the Jury to say whether or not this was a deliberate purpose of assembling an armed body prepared to act against the military if neces sary, for the purpose of carrying their object into effect. Having made a few remarks upon the evidence of George Lloyd, the Learned Attorney-General said that he did not desire that the Jury should place much reliance upon the evidence of Richard Hawkins, who spoke to seeing what he called cartridges. It bad been suggested that these might have been rolls, or, as he believed they were called, " screws" of tobacco, and if the Jury thought so, he would advise them to place no reliance upon the fact ; but, at the same time he must observe, that it cor responded with the evidence as to the insurgents being armed, and carrying a large quantity of ammunition. Hav ing made a few observations upon some succeeding evi dence, which was not quite so material to the case, the Learned Gentleman proceeded to remark upon the testi mony of John Nichol Hawkins, as most important. This witness was not a Chartist. He was a respectable medical man, practising in the town of Newport. He deposed that having overstated the amount of a military force in Newport, in order to induce the mob, whom he met ad vancing, to return, Williams said, " Damn the soldiers come on, and show thorn what the colliers can do at Newport." Mr. Rickards requested that the cross-examination of the witness should be read. The Attorney-General very willingly consented to read the cross-examination as requested. The witness said that the prisoner seemed to be pressing the men on, and they seemed to be hanging back. He would not swear that Williams bad not said, " What have we to do with the soldiers ?" it was for the Jury to say whether this cross-examination in the slightest degree impeached the evidence of Mr. Hawkins ; for it appeared from it:that the men were hanging back ; were rather willing to return, hut were urged on by Williams, who said " D---n the soldiers, come on and show what the colliers can do at Newport." The Learned Gentleman next commented upon the evidence of Thomas Saunders, as to the press ing of men, and marching to Stow-hill ; and as to the prisoner saying, in answer to the question from the people, " What, have you brought us here to be slaughtered ?" on seeing a man brought from the Westgate, shot through the ancle, " Go on, go on, don't be cowards ;" and also as to the prisoner cutting a ball to make it fit his pistol, and having loaded the pistol, saving, " Here's two for them, however." If the Jury believed this evidence, it was a direct proof that the prisoner was eagerly participa ting in the general object, and,urging on his men, after the repulse, to renew the engagement. The Jury were to consider what weight was to be given to this witness's testimony, or how far his credit was shaken by the evi dence of Lewis and Marsden, who were called to impeach his veracity, but whose attempts to that effect, he con. tended, ought to be received with great caution. The I same witness, Saunders. deposed to Williams saying, " We are going to Newport, and very likely to Monmouth." His I Learned Friend, Mr. Rickards, said that this might account for the hour at which they reached, or were to reach New port. But he (the Attorney-General) knew no reason why, if they were going to Monmouth, they should have taken the route of Newport at all. It was for the Jury to say whether they had any intenti :n of going to Monmouth until they should have accomplished their object at Newport, and whether they were not going to Monmouth, as they might to any other place where the usurped authority was to be established. These were the witnesses who spoke di rectly to the declarations made by Zephaniah Williams. He should now call the attention of the Jury to others, who deposed to expressions made use of by Frost, Jones, and others engaged in the conspiracy. These de clarations were admissible by law, because otherwise it might. be impossible to bring to punishment those who were the most culpable. A wily leader of rebellion migla't be cautious—might hold his tongue—might never, before any persons who could give evidence against him, disclose his designs ; but others, who occupied less promi nent stations, might be less on their guard, and in a com mon enterprise what was said by one was admissible as evidence of the intentions of all. But it was by no means so strong as that which was said by the prisoner himself; and it was for the Jury to judge what weight did properly belong to them ; but it would be contrary to rea son to exclude them altogether, because they would assist the Jury in arriving at the truth, and coming to a just con clusion. James Hodges deposed to the declarations of Frost, as to taking the town of Newport, blowing up the bridge, and stopping the mail, as a signal to other parts of the country; and to his saying, when told that he was leading the people to be . slaughtered, " Do you think so?" mid turning away with a scornful look, as the witness de scribed it. John Harford swore to Frost's declaration s that they were to take the soldiers and their arms, to blow up the bridge, stop the mail and the coach, as tidings that the rising was to commence elsewhere, and that he should be able to see two or three of his friends or enemies at Newport. Here were two or three witnesses, who could hardly be in concert, speaking to expressions which cir (llllstantially varied, but were substantially the same. The Jury would recollect the evidence of the two boys, Rees and Colas, as to the inquiry made by Frost with respect to the soldiers, and the message sent by Jack the Fifer, in his pre. ssnee and hearing, that they meant by and by to have the Westgate to themselves. The • Jury ,would judge of the credit to be attached to this evidence; it appeared to him that the witnesses were actuated by no desire to misrepre sent fects, or to do anything but speak. the truth. Now, with regard to William Jones, the principal witness, as to declarations made by him, James Emery, in addition to other :tatcments, deposed to Jones having, spoken of a nro ciamation which was to be posted at Newport on the Mon day morning, to commence, .‘ We, the Executive Govern_ anent of England," and to be signed John Frost, President." ' Instead of disguising from the Jury, be was desirous of calling their attention to the fact that the expressions stated, which Emery said had been used by Jones with re spect to the proclamation on the Monday morning, were hot mentioned by him in either of his depositions; but they would recollect that he bad tieser been examined against Jonei. fle bad been eitimined ilrst against Shellard, and in the second instance against Llewellyn, neither of whom made as. of any each expressions. If he had been examined against William Jones, and desired to say all he knew as to the declarations used by him oil the Monday morning— if in the original examination he had suppressed this statement, and afterwards added it, then it would be extremely dangerous to listen to his amended declaration ; but when his evidence was only against Shellard and Llewellyn, who were unconcerned with the expressions, the Jury would consider• whether his withholding it had the effect of shaking the value of his testimony. lie (the Attorney-General) did not withhold from the Jury—on the contrary, he called their attention to the fact=that in the case of John Frost, these declara tions Were not mentioned. The witness said he had not been asked about it, and probably not thinking the express sions fnaterial, he had not stated them ; but the Jury would recollect his appearance—his demeanour—the manner in which he had given his evidence—he had no purpose to serve by the evidence he gave, and which he seemed to give, as far as he (the Attorney: General) could judge— bat that Was entirely for the jury—with perfect fairness. The Jury would judge, therefore, whether the circumstance of his not having mentioned the expressions in his first exa mination and in his deposition, rendered him in their judgment unworthy of credit. Joon Mathews deposed to the fact of the mob dispersing at Malpas when they heard of the defeat of the Frost; and Woolford, the gamekeeper, Stated that the mob declared they were going to take New port. He would now remind the Jury of one remarkable piece of evidence which he had nett been aWart, that he should be in a condition to bring before them until the pfosetution had been actually begun; he meant the letter of George Shell-s-sa most remarkable piece of evidence, not retting upon frail memory, but upon a writing actually produced. He concurred in the observations made by his Learned Friend, Mr. Rickards, as t• the unfortunate influence under which Shell appeared to hare acted. He seemed to have bead deluded ; and undoubtedly, in moral guilt, those who had instigated him to commit the offence were more guilty than he ; but it would be for the Jury to say whether, having considered the contents of that letter, they would have the smallest doubt as to the nature of the enterprise in which the writer had been engaged. The letter was admissible in evidence, on the ground that Shell was engaged, in the insarrection-s-that he look an antiVe 'part in it—that he actually fell in the assault upon the Westgate—and (he had reason to believe) in the very act aiming a blow et the Mayor. of Newport. Anything said by any' of the party at that time would be eidence against others engaged in the same object, at d anything written by them would he entitled to still greater weight. On the very evening of Sunday, the 3d of November, he wrote a letter to his parents, and the Jury would judge from it whether he was going from Pontypool to show a moral demonstration of the strength of the Chartists, and then to return td his usual peaceable occu pations. The letter was in these words:-- Pontypool, Sunday night, Nov. 3, 1839. Dear Parents—l hope this will find you well; I am myself at present. I will this night be engaged in a struggle for freedom ; and should it please God to spare my life, I shall see you soon ; but if not, grieve not for me. [At this passage the Attorney-General was affected to tears. On recovering his self-possession he continued the reading of the letter.] I shall have fell in a noble cause. My tools are at Mr. Cecil's, where I lodge, and likewise my clothes, Farewell. " Yours truly, GEORGE SHELL." Before the unhappy parents received this letter, their son lay a corpse in the Westgate Inn. Was there any doubt, therefore, that this struggle in which he was to be engaged was one which ,vas to be attended with force ? His life was to be risked, he anticipated the probability of his falling in the enterprise, and he told his parents in that case not to grieve for him, for " he should have fallen in a noble cause." It would be for the Jury to say whether Zephaniah Williams, who was a leader of the enterprise, had not the same object. His Learned Friend Mr. Rickards suggested the possibility that some hot-headed individual might have notions which he exclusively entertained, but the Jury would say whether common sense and reason would not ne cessarily lead them to draw a different inference, and whe ther the leaders of the enterprise must not have had the same object as the men whom they led on. seswaaoxrhwnTii y l thwße r o keo. existed in oo T e4i junwts h g. he o ttheohi h m :ri eesi n a snd s eewt yet handwriting; B b r.rih e rrGt g ioeume g upr I,gt e isaie d hotmr.na t i n l dde s hi u rii;det g aye g wnn deh lettersi itl it thatpwrFaorsvo provedSes dthestl the eewf moment y s roc t mße h er e won hut p gi e hch r eh: o a t dm co i m tte p d la t in ha o t f sthhellirregu bheavwe a a s ss a is c t t e in d g in in tak fu in rt g he ß ra r n o c u e gh o;f b t u h t e th c a o t m o m nl o y n sh d o e w s e ig d n t , ha in t Shell migh t pressing all he met. Shell did no more than those who en tered the house of Woolford and took his arms. He could not have had the anticipation of meeting with Mr. Brough, the brewer, on his return to Pontypool. His anticipation must have been that he7was engaged in a desperate enter prise against the Government of the country. Another fact, upon which, however, he was disposed to place little weight, was the capture of the prisoner on board a vessel bound for Oporto ' • for it bad been truly stated, that having committed a high offence he might, al though not conscious of treason, have tried to escape the punishment which he was conscious he deserved. Upon these facts, Gentlemen (said the Learned Attorney- General), so before you, you have to say whether this was the enterprise with which these parties are charged, and whether the prisoner, Zephaniah Williams, actually par ticipated in that enterprise. It has been said, that this en terprise was not only dangerous, wild, and extravagant, but improbable. I admit it was all that ; but still, if you should be convinced that such an enterprise was under taken, it is not the less treasonable because it was wild, visionary, and extravagant; and though the character that attaches to it be such as to render its success most impro bable, it does not follow that it should not have been en tertained. On this subject, I will read you an extrac , from the charge of Chief Justice Tenterden, on the trial of Arthur Thistlewood, which is most applicable to the present case. He says, " Such ulterior designs, if they shall appear to be of the nature to which I hays alluded, and to relate to the usurpation of the Go vernment of this nation, or of this metropolis alone, in opposition to the constituted authorities of the na tion, even for a season, will appear to the calm eye of sober reason to be wild and hopeless. But you, Gentlemen, know that rash and evil-minded men, brood ing over their own bad designs, gradually lose sight of the difficulties that attend the accomplishment of their schemes, and magnify the advantages to be derived from thew' ; and as it is the natural character of vicious men to think others not less vicious than themselves, those who form wicked plans of a public nature easily believe that they shall have numerous supporters if they can manifest at once their designs and their power by striking some one important blow." These words appear to me extremely applicable to the case before you. My Learned Friend has argued upon the improbability of men in the prisoner's situation of life—of a publican, a linen-draper, and a watchmaker, conspiring to form themselves into a provi sional government for this country. But, Gentlemen, it is a matter of history that similar acts have been contem plated by persons in similar situations in life. It was con templated by Brandreth, who was tried at Derby in 1117. Thistlewood had the same object in view in what is called the Cato-street conspiracy, and with the same improbabi lity and extravagance of the design formed. But (says my Learned Friend), the force was contemptible; and he says ao because we merely produced a few specimens of the arms picked up on the ground after the flight of the mob. But, Gentlemen, instead of contemptible, the force was a most formidable one; and I believe that for more than a century past a more formidable force was never ar rayed against the Government in the island in which we lite. Their numbers they themselves estimated at 14,000. Upwards of 5,000 were with Frost, 5,000 with Williams, and 2,000 with Jones. The.' amounts to 12,000; but one of the expressions which tell from Williams was, that they were to march and meet 14,000 more. These numbers were armed in a most for midable manner with guns, with pikes, and with bludgeons. They must have been drilled before hand; for they marched in what is called, in the old law books, more guerrino—in a warlike manner—the guns first. the pikes next, and the bludgeons behind; and thus they marched into the town of Newport—not a mob but at, army—an army which I believe exceeded in point of nutn bet s the force under the Pretender in 1746, when he reached Derby, and spread alarm and consternation throughout the realm ; and the battle of Prestonpans was a mere skir mish of a very small force compared with that assembled under Mr. Frost in Newport in the year 1839. Many ob servations have been made on the probability of that part of the design attributed which relates to giving notice of success to the conspirators at Birmingham, by stopping the mail. But nothing seems to me, Gentlemen, to turn on the fact, which, though not sufficiently proved, I am ready to admit that the stoppage of the mail coach from New port to Bristol, which conveys the bag there which is af_ terwards to go on to Birmingham, would not prevent the mail coach going from Bristol to 'Birmingham as usual. We are not on the part of the Crown bound to explain all the details of the transaction, and to prove that they wer, practicable and efficient ; but it seems to me that there was no impossibility in the means alluded to of communicating to Birmingham that their attempt had been crowned with victory at Newport; for if they had blown up the bridge, and stopped the communication, the bag from Newport could not have reached Bristol, and consequently would not have arrived at Birmingham, a fact easily to have been ascertained by those on the watch there, and thus the non-arrival of the mail bag at Birming ham might easily have been the signal for an insurrection there, and for a general insurrection throughout the country. But then it has been said there was no rising at Birmingham ; but why was there not? because, under Providence, by the firmness and vigilance of the Mayor and the Magistrates, and by the gallantry of the troops, the mail was not stopped, and the bag did, as usual arrive at Birmingham, and the parties on the watch must there fore have known that the enterprise had failed, and that the time had not arrived for a general rising. It has also been said that the powder magazine was not seized nor the bridge blown up, it is true; but why? The crowd had not reached the bridge, they had to pass the West-gate before they reached the bridge—they were defeated there and fled—th e y could not therefore b low u p the bridge , because o f t h e gallantry of the troops, and the firmness of the Magistrates they were immediately dispersed. My Learned Friends have also contended that it was impos sible to show on the part of the prisoner what the real design and intention of this enterprise was, because the witnesses themselves must necessarily avow themselves to have been implicated in the transaction, and would con sequently be liable to prosecution tor high treason. It is not disputed that witnesses might be produced who knew what the design was ; indeed, looking at the number of persons who were in communication with the three leaders on the Friday before the out break, about thirty persons must have been aware of it. Now, if the design were an innocent one, where would be the difficulty of calling some of those persons who wer , at ; the Coach and Horses en the Friday—where the di;fi culty of calling Barwell, the Secretary, to tell with what design they resolved on marching to Newport and back. If they came here to vindicate their own innocence and that of the prisoner, can my Learned Friend say that in a Court of Justice one hair of their heads would be hurt? My Learned Friend did call some witnesses, and the first witness called was called to speak to the intentions of the prisoner, and he said he knew not what his objects were. Why not, then, have called some witness who did know his objects, and who would hate stated whether they were innocent or not? It has been stated that the pressing of men—and it was very ingeniously argued—is a proof that the design was innocent, because pressed men could never he forced into the service if the enterprise were one of difficulty and danger. lam afraid that argument is not worth much, for it often happens that of men pressed into a service, some imbibe the spirit of those with whom they are associated, and yield to the influence of these around them. I need not remind you of the spirit of sailors when pressed--of militia men—of the conscripts of Buonaparte, but we have art historical fact applicable to the present point—Brandreth's case. Brendreth wished to take the town of Nottingham, and procured a number of men from different parts of the country, and compelled them to erigage in the illegal enterprise. into which they entered. From the cross-examination of my Learned Friend, Mr. Thomas, I thought it was intended to be proved that women acre engaged in this enterprise, and that consequently it was highly improbable that the design could have been such ar I have represented it to be No such witnesses were called ; on the contrary, it appears from the prisoner's own witness, that the women all over the country on that fatal eight were in a state of fear and alarm ; that thei did not eo to bed—that they were up a;l night, and in the morn ing were eagetly watching for their husbands and thcir sons ; some of whom they were never to see more. A more powerful argument, urged on the part of the prisoner is, that he was not at the Westgate, and that he did not en_ cage in the assault on the Magistrates and the military. The case of the Earl of Northumberland was alluded to. In that case the Earl of Northumberland was marching to Shrewsbury with an army. and did not arrive till the en gagernent was over, and he was held not to be guilty of treason. But he Was held not guilty of treason on one of two grounds, either that he was marching to the King's assistance, or to mediate between the King and his son. 13ttt had it been proved that the Earl of Northumber land had been going to assist his son—had come in at the close of the battle--had met the fugitives, and had urged his men to advance to the rescue, there is no doubt that he would have been guilty of treason. Now, if you believe that 7ephaniah Williams had no object in marching to Newport but to assist the Magistrates, and to act in co-operation with the military—if you believe that he was not engaged in a common enterprise with Frost and with Jones, he is undoubtedly enti tled to your verdict of acquittal. But if he were engaged in a cornrisori enterprise—if he intended to take part in the insurrection and join hie, foreee with those of Frost at Risca, , t the Welsh Oak, or at Newport, although he arrived too l a te to participate in the attack—then I fear he is clearly ettiltse Great reliance, Gentlemen, has been placed upoti lHb case of Lord George Gordon, and my Learned Friend say§ that great reliance will always be placed upon it in cases of hie treason. I believe that there will, and that in every case in which it is relied on the same answer will ne given: It never was doubted that if it had been proved that leotal George Gordon in cited and instigated the a c t s o f outrage committed by the mob, he would have b een gu il t y o f ;4 11 treason , But the mob which burnt so many h ouses, amongst hers that of the venerable Lord C. J. M ans fi e ld , and which he,.. possession of the metropolis for some days, was not even the same mob as that which Lord George Gordon had very imprudently convened on several occa sions to petition for the repeal of Sir George Saville's Act ; and Lord George Gordon had previously gone to his Sovereign to offer his aid and influence in quelling disturbance and outrage, and acted in co-operation with the Sheriff of Middlesex for that purpose. And on that occasion Lord Mansfield laid down that, whether a grievance be real or pretended, whe ther the law be good or bad, it was clearly treason to seek by the strong hand of the multitude to enforce repeal or redress. The prisoner at the bar has received from se veral of the witnesses for the prosecution a peaceable and quiet character. This shows that those witnesses bear no grudge against him, and he is entitled to the full benefit of their testimony. But should you find by clear, strong, and convincing evidence that the prisoner has been guilty of the acts proved with the design imputed to him, I fear this will only prove that a person who up to an ad vanced period of life has maintained a good character, may yet unhappily, be guilty of treason It has been stated, and in that statement I most heartily concur, that your verdict is not to be in any degree influenced by that which has been given in the case of Frost; nor should I have even alluded to that verdict had not my Learned Friends drawn your attention to it. God forbid, Gentlemen, that you should not exercise a free and independent judg ment for yourselves in the case of Zephaniah Williams, ant on the evidence before you in that case alone. If you should be of opinion that we have not in this case, by clear, strong, and convincing evidence, proved the g u il t o f t h e prisoner at the bar, he is most undoubtedly entitled to your verdict. But if that guilt be proved by clear, strong, and convincing evidence, you will not shrink from the duty cast on you by the laws of your country. You will consider that you have the life of the prisoner in your hands; you have likewise in your hands the peace, tranquillity, and good order of the country in which we live. You will not forget what would have been the lamentable consequences of this enterprise had it even for a short time succeeded —what ruin would have been spread over the land ; and you will consider the danger to which the country must be exposed, if in a case of this sort, where the evidence is so clear, strong, and convincing, a Jury should shrink from the duty imposed upon them. Gentlemen, I am sure from the anxious—most anxious at tention which you have shown to the evidence, on both sides, and throughout the whole of the investigation, that your verdict will be satisfactory to your own consciences, and I am sure it ought to be satisfactory to your country. The Jury then retired for a short time. Before the summing up commenced, Mr. Thomas, addressing the Bench, said—My Lords, if lam guilty of any irregularity in what I am about to say, I trust your Lordships will impute it only to my deep anxiety, which is increased by the consciousness of my own want of experience in cases of this kind, lest the inte rests of the prisoner should be in the least degree preju diced in my hands. My desire is, before your Lordships proceed to lay the evidence before the Jury, again to re cord my solemn protest against any part of that evidence going to the Jury, and to declare that nothing that has passed, or that has fallen from me, must be understood as abandoning the objection to the want of service of the in. Mr. not Baron say an Parke un n n e o c w e s s p a r r o y c l e e e n d g e t d h toof sumtime, p u dictnsent and lists, accordi ng to t h e statute . THE JUDGE'S CHARGE. c . on s G i d e e n r t i l n e g . men of the Jury—Thi s i nqu i ry, wh i ch h as now lasted, I wtlll its deep importance to the interests of the country, and to those of the prisoner at the bar, has now drawn to its close, and you are now to pronounce your opinion as to the guilt or innocence of the prisoner at the bar in relation to the ecinous offence with which he has been charged, upon the evidence which has been given before you. I should have thought it unnecessary to have troubled you with any ob servations in order to dispossess your minds of any pre possessions which they may have entertained prior to your entering that box, knowing as I do how inconsistent it is with the habits of British juries to suffer any previous im pressions to influence their verdict, had I not in some measure been called upon by the Learned Coun sel for the prisoner so to do. I exhort you, there fore, to dismiss from your minds everything you may have heard of or relative to this case before you came to this Court, all improssiens derived from the public prints, or from public or private discussions, and to leave your minds free for the unbiassed and unprejudiced consi deration of the evidence before you. It is your duty also not to suffer your minds to be impressed by any decision which has been previously come to against any person in lieted for a participation in these transactions. On the other hand, if you should be of opinion that the prisoner is guilty of the crime of high treason, you must do your duty firmly on this occasion, without any regard to the conse quences which the law attaches to the commission of such an offence. It is net improper for the here to warn you against paying any attention to a very considerable portion of the speech of the Learned Gentleman who first ad dressed you on behalf of the prisoner —on topics which I consider to be perfectly irrelevant to the present case. You have heard a great deal from him about the conduct of in •Jividuals—some alluded to, and some mentioned by name in the getting up of this prosecution—and the reasons why it should or should not have been instituted. It is not for you to pronounce upon the reasons for which any public prosecutions are instituted : you are not to decide whether in this respect the Attorney-General has vindicated the institution of such prosecutions, nor is it the duty of the Attorney_General to vindicate it; and you will, therefore, dismiss all such topics that have oc cupied the time of the Court from your minds. The con duct of the Attorney_General or of the government cannot alter the law, and the law must be on the case itself received from the J u d ges , and nothing has ever fallen from them to show that the law, as it regards sedition and treason, has been altered, or that it has been in late years different from what it was in the times of our forefathers. You must, therefore, pay no attention to the arguments of the Learned Counsel for the pri soner in this respect. A great portion of that Learn ed Gentleman's speech which had been addressed to the Jury in :point of form, but substantially to the Court, was composed of a discussion of the law of the case; but, as the Learned Attorney-General had very correctly stated, the Jury were bound to receive the law of the case from the Judge who presided_ He (the Learned Judge), with the .sanction of his brethren, would therefore state it to them, and it would be their duty to apply it to the facts shown in evidence, for as it was the dnty of the Judges thus to explain the law by which the facta of the case were to be gove rned, so it was the duty of the Jury to j u d ge c onsc i ent i o usly upon every question of fact, and any observations he might make upon these facts would be simply for the purpose of assisting them in eheir judgment upon it, and no further. The charge against the i pr-sonee, as stated in the indictment, alleged that he had committed three acts of treason : first, that he was guilty, with others, of levying war against the Queen in her realm ; secondly, —se that he conspired with others to depose the Queen ; and, thirdly, that he conspired with others to levy war ag a i nst the Queen in these realms, in order to oblige her by force to change her measures and her councillors. The two last heads of the charge were framed under a statute made in 1796, which had be en subsequently continued, and here he might say, with out any injustice to the prosecution or the pri soner, that they should confine themselves to the first charge in the list; for if it were proved that the pri .oner had been guilty of the crime charged under that head, " levying war against the Queen in her realm," then an inquiry into the other two charges would be immaterial; and it it were not immaterial, there had been no evidence produced to show that the prisoner had conspired to de pose the Queen, or to levy war, in the sense charged un d er the third head in the list. The duty of the Jury would therefore be to Lee if the prisoner had levied war, in the sense in which lie would tell them it must be levied, in order to prove him &uilty of treason under the first head of nieu ._ the indictment. The charge against the prisoner had ; been framed upon the ancient statute of Edward the Third. The meaning of that statut e h a d b een cons id ere d, and many , opinions had been given upon it by text writers ; but the law had been so clearly explained by Mr. Justice Faster, in a passage which had been read to them by the Attorney-General, that he could not do better than read it to them again. Mr. Justice Foster lays down, "that every insurrection, which in judgment of law is in tended against the person of the King, be it to dethrone or imprison him, or to oblige him to alter his measures of Government. or to remove evil counsellors from about him, these risings will amount to levying of war within the statute, whether attended with the pomp and circumstance of open war or not ; and every conspiracy to levy war for these purposes, though not treason within the clause of levying war, is yet an overt act within the other clause, compassing the King's death, for it cannot exist without danger to the King's person. Insurrections, in order to throw down all inclosures, to alter the established law, or change religion, to enhance the price of all labour, or to open all prisons; all risings to effect these innovations of a public and general armed force, are in estimation of law, within the clause of levying war. For, though they are not levelled at the person of the King, they are against his Royal Majesty ; and besides they have a direct tendency to dissolve all the bonds of society, and to destroy all property , arid Government too, by numbers and armed force. Insur rections likewise for redressing national grievances, o for the expulsion of foreigners in general, or indeed of any angle native living here under the protection of the King, or for the reformation o: real or imag,:nary evils of a public na ture, in which the insurgents have no special interest; risings to effect these ends by force and numbers are by construction of labs within the clause of levying war, for they are levelled at the King's Crown and Royal dignity," That construction of the law had prevailed since the time of Sir Michael Foster, and had been so expounded by many great lawyers Lord Mansfield had expounded to the same effect ; and Lord Tentcrden, who had been the last Judge who had occasion to give an exposithin of the statute in un fortunate cases of this kind, had given the same construc tion of it as Sir Michael Foster. He had then ,tared "It may be proper for me to add, that it has been established in the like manner that the pomp and circumstance of mili tary array, such as usually attend regular warfare, are by no means necessary to constitute an actual levying of war within the true meaning of the ancient statute ; insurrec tions and risings for the purpose of effecting by force and number —however ill-arranged, provided, or organised —any innovation of a public nature, or redress of supposed public grievances, in which the parties had no special or particu lar interest or concern—have been deemed instances of the actual levying of war ; and, consequently, to compass or imagine such an insurrection, in order, by force and num ' bers, to compel her Majesty to alter her measures or coun sels, will be to compass or :imagine the levying of war against her Majesty for the purpose within the just mewl ing of the modern statute. Rebellion at its first commence ment is rarely found in military discipline or array, although a little success may soon enable it to assume them." This, therefore, the Jury will take to be the law. The Learned Counsel for the prisoner had read to them copious extracts from an able pamphlet, written by Mr. Lender, upon the law of treason ; notwithstanding, however, the arguments used „in that pamphlet, the law is and has been laid down as I have quoted it to you. But the present case appeared to be clear of the objections urged in the pamphlet of Mr. Len der, whose two great objections to the law of high treason, as had been laid down, were first in order to con stitute an act to be a levying of war, it must be accompa a by an armed force; and, secondly, that a mere public n. sufficient, unless accompanied with an attack -s. The present case, however, steered it was alleged that the acts of - armed force, and that --rnment ; and, -'rent of object was it.. upon the Governmt-.... - clear of those objections; toi _ the prisoner were accompanied by a.._ his intention was to subvert the present Go., therefore, if there were any weight in the erg.- - Mr. Leuder, still it did not bear upon the present cob: It was for the Jury, therefore, to decide if, according to the evidence, a case had been made out satisfactorily of levying war against the Queen in the sense in which be had explained it, and it was their duty carefully and dis passionately to consider the evidence, and if it did not prove beyond all moral doubt, that the prisoner was guilty of the offence with which he was charged, he was entitled to their acquittal. No doubt could exist that the facts pro duced in evidence proved levying of war, and it was for the Jury to say whether it was levied with the purpose with which it was necessary to constitute high treason. It was the duty of the Crown Counsel to prove this, and they state that the object of these with whom the prisoner was concerned was to take Newport—to subvert the authority of the Queen and Magistrates—to stop the communication of the post, and thereby make a signal in the north of England, and ultimately establish the Charter the law of the land, The Attorney-General properly said that it is not necessary that he should establish all these facts, hut that it was sufficient for him to prove any one of them which was of a public nature, showing the intention of subverting the Queen's Government, and substituting another. The Jury, therefore, would see whether any one point of this kind had been made out. On the other I hand, the prisoner had properly urged bylhis Counsel that he was not bound to explain any acts that might have been committed by him, but the Crown was bound to make out the object and intention of them. He said, however, through his Counsel, that the object of those for whom he was concerned was to make a moral de monstration—that they intended no act of violence, but merely to show the force of a body of men who held certain political opinions, and to show to the Legislature that their strength was such that they could take by force that which they required if they did not ob tain it otherwise. The prisoner himself having been called on, contented himself with saying that he was innocent of the offence imputed to him—that he had no design to sub vert the Queen's authority, and that some of the circum stances stated by the witnesses were untrue, but he made no specific declaration of what his object or intention was. It:was for the Jury to see if they were satisfied with the facts that were produced No doubt the prisoner-was not bound to explain his conduct or his objects; but, on the other hand, as had been said by my Lord recently in that place, if there was evidence as to certain facts and the in tention of the prisoner in reference to them, although he was not bound to make any explanation of his objects, yet, if he made no such explanation when the opportunity was afforded to him, it might be taken, in some mea sure, as a presumption of his guilt. It had also been said on the part of the prisoner, that he had not produced witnesses who could prove that his real designs were not treasonable, lest they, when produced, might be indicted for high treason, as being also concerned in these transac. tions ; but if the • object and intention amounted to less than high treason, and could be proved to be so, why were not those witnesses brought forward? He would now call their attention to the mass of evidence which had been produced to them ; but first he would address one or two observations upon it. It was divided into three classes ; the first of these embraced the history of a body of men with which the prisoner was connected, which left Nantyglo on Sunday, the 3d of November ; it traced it to Newport, and gave the declarations and conversations of the men to show what was their intent in marching down. The evi dence next proceeded to show that in this object the pri soners Mr. Frost and Jones, a prisoner who would be tried hereafter, were all combined, for they were all three found in the Coach and Horses public-house two or three days before. This tended to show some evidence of a common design. It then traced the acts of Frost, and proved by declarations and by acts that Frost conducted the body of men led by him with treasonable intent. It then deals in the same way with the body which left Pontypool, and proceeded to prove that the object of this, on going to Newport, was treasonable. If, then, the Jury were satis fied that the intentions of Jones and Frost were treason able, and that the prisoner entertained the same design with them, he was guilty of treason also. But the Jury should be told that they should see whether the prisoner concurred in those acts of Frost and Jones which were treasonable ; for, as it has been well observed by the Coun sel who last addressed them for the prisoner, those per sons might have gone beyond what were the intentions of the prisoner at the bar. They must, therefore, look to the conduct and declarations of the prisoner himself, which would be evidence much stronger than any other as to whether he was guilty or not. They were to judge of the credibility of the witnesses produced from their conduct and demeanour. It had been said that they were accomplices, 'but the witnesses themselves denied this, and stated that they had been forced to join the bands who Were concerned in these transactions. But even accomplices were admissible as witnesses, although it was the duty of the Jury carefully to watch the evidence elicited from them. It would be most injurious to public justice if no credit were to be attached to the evidence of accomplices, for if this were so the most heinous offences might go unpunished. The Learned Judge then recapi tulated the evidence at great length, and said that the Jury would have to give their opinion upon that evidence ; the law they would have to take from him. If the object of the insurrection of these armed men was either to take Newport, and subvert the Queen's authority there, or stop the communication by post, so as to make it a a signal for a general insurrection—if either of these objects was contemplated by those persons in arms, that unquestionably, according to the Act of Parlia ment to which he referred, was a levying of war; and then if the prisoner had concurred in it, and was on his march towards Newport to effect it, even though he did not enter the town, he was guilty of treason. It was for them to consider how the case for the prosecution was con tradicted or explained on the part of the prisoner, and for them to come to a conscientious conclusion. As to the admissibility of the evidence, there could be no doubt re specting it. There was very strong evidence to show that Frost and Jones were guilty of treason; but then the jury had to see whether they could come to the like conclusion as to Zephaniah Williams. Upon this point he advised them to pay the greatest attention to the evidence ; the most satisfactory evidence was that which proved his acts and declarations, accompanied as they were by the expla nations that had been given to them. They were to say what effect they would give to these declarations. He should call their attention to the declaration alleged to be made by the prisoner, and they as men of judg ment would declare what conclusion they came to con cerning them. The Learned Judge here referred to evidence given by Saunders, Hawkins ; and Anthony. They gave evidence of his declarations and his acts, and they were to take these in conjunction with the prisoner's going from Nantyglo to Newport, and the explanation be gave as to his purpose in going there. It was not necessary for him to show that his purpose was an innocent one, but only that it was not treasonable ; and they would then judge as men of sense whether his explanation was a reasonable one or not. The crime of high treason was to be proved in the same way as every other cr.,ne. No man should be found guilty except on testimony which would leave no Imonable doubt of his guilt. If they entertained a doubt, the prisoner had a right to demand an acquittal. If, on the other hand, they took an opposite view, and thought the case was fairly made out, then their duty to their country, although a painful one, required them to find a verdict of guilty. In whatever way their verdict might be given, he was sure, from the attention they had paid to the case, and the manner in which they had conducted themselves, that it would he satisfactory to the public The Jury having retired for twenty-five minutes, returned a verdict of Guilty, with a recommendation to mercy. Mr. Baron Parke said—l will take care to forward your recommendation to the proper quart,r ; tat al w , can say. . . _ The prisoner, although he had appeared: dreadully de pre,sed during the proceedings, beard the verdict great firmness and composure. Before thy. Jury returned, Chief Justice Tindal asked it -here were any bills .o before the Grand Jury, or whether they could be now dis charged. Tile Attorney-General regretted that the exigencies of the public service would not permit the discharge of the Grand Jury at present. The circumstances, however, he was not at liberty now to mention. On Thursday, per haps, they might be discharged. The Chief Justice communieatoil to the 'Foreman of the Grand Jury, Lord Granville j, n rs t, t),O reAVt of the application. TRIAL OF WILLIAM JONES, THE WATCH MAKER, THE THIRD LEADER OF THE INSURGENTS. During the absence of the Jury in Zephaniah Williams's case, William Jones oas ordere:l to be placed at the bar, which was accordingly done. Mr. Owrn, the prisoner's attorney, appli, d that do trial should be pgstponed, on the ground, as we understood, that the prisoner's Counsel were not present. Chief • Justiee Toidd s:l4 - 1 t.% , <et,4l;l as he wt-+e , l a Jury to be empantieilcd, in order to viloa the o'ber per sons who had been summoued r‘t thoir honiei for day or two. Th , prisoner, t!lq be". put , o 1 his trial till to morrow morniniz. To , y would (tidy take the ehallentres to-nin-ht. The empnnelling a Jury then proecoded. togr:Jimr with the challenges. Up to the hour when OUT ezpri•ss left, only three Jurors had been sworn. SI , ORTESti IN'rELLIGENun, TATTERSALL't=i—YFSTERDAY. The betting commenced e:trlier than usual, and if we were to judge by the bustle which prevailed to the close of the room, we might venture to call it a busy afternoon; looking, howe ver, at the actual amount and character of the betting, we are bound to state that there was '• much cry and little wool." A formidable list of favourites will be found under the Deibv heal, but not many changes of moment. Theon was backi4: at 12 to 1 in hundreds, and afterwards at a point more for a small sum ; 12 to 1 (and in one quarter 12i to 1), was the offering price at the close. The Angelica colt left off at 16 to 1, takers, and had several friends; ditto Launeelot at 18 to I, and Bokhara at 20 to 1 ; Ottoman opened at 30 to I, taken, and receded three points, also taken. An opposite movement gave Confederate a lift of three points, with a tolerably strong party; the same (30 to 1) was accepted about St. Andrew, whose backer was anxious to "go on." Except in the case of May Boy, who was on the decline, and Scott's lot, which advanced half a point, nothing else worth any record beyond the (potations below occurred; 1,000 to 5 was betted agst Na worth, qualified or not. In the Oaks we have only to point nut an improvement in Black Bess; the highest odds offered against her were 13 to 1, but whether this was her actualprice se e could not positively ascertain; we believe, however, that an advance of a couple of points would not have been made ix vain. Crucifix still first favourite, but no odds named. THE DEXIT. 4 to 1 agst Scott's lot—taken and afterwards offered 12 to 1 agst Theon (Brother to Euclid)—take 13 to 1 16 to 1 agst Angelica colt—taken 18 to 1 agst Launcelot—taken 20 to 1 agst Bokhara—taken 25 to 1 agst Wardan 25 to 1 agst Gambia—taken and afterwards offered SO to 1 agst Confederate—taken 30 to I agst St. Andrew—taken 3.3 to 1 agst Lady Sarah—taken. 33 to 1 agst Ottoman—taken 35 to 1 agst Prince Albert 40 to 1 agst Velvet colt—taken and afterwards offered 1000 to 20 agst Assassin—taken 2000 to 35 agst Monops ( Wing's colt)--taken 1000 to 15 agst Molyneux—taken '"00 to 15 agst Chameau—taken 1,, 40 agst May Boy—taken 4000 to . 1 ::st ~Blacktm.et ta—takenßess--taken and afterwards offered 4000 to 40 a 4000 to 40 agst ate _taken 19 to 1 agst Confede: and Fitzroy 3000 even taken between uncelot and Bokhara—taken 1000 to 5 agst Naworth, qualifiet: or not—takea (The bet agst Christinetta was 1ai.". 1 on Thursday last.) THE OAKS. ft to 1 agst Lalla Rookh—taken 13 to 1 agst Black Bess 25 to 1 agst Welfare—taken 700 to 100 agst Black Bess—taken MESSRS LOVETT AND COLLINS.--Sir Eardley Wilmot had addressed a letter to the Marquis of Nor manby defending the Warwick Magistrates for sub jecting Messrs. Collins and Lovett to the prison regulations and maintaining that it belongs to the Secretary of State to order them any particular fa vour or treatment. Sir Eardley then shows at some length, with great humanity, that the health of the two prisoners is likely to sink under their treatment, and pleads for a remission of their sentence. Fol lowing up this, a petition to the House of Com mons has been prepared, which will, no doubt, be numerously signed by the working classes of Lon don, setting forth that in former similar offences the punishment was limited to the security of the per ' son ; that Lovett and Collins have been restricted to gaol allowance, and treated like felons ; that the change of diet made them both ill, that they were allowed a little tea, being unable to eat the por ridge ; that they had no other animal food than was contained in soup given twice a-week, and eaten with a wooden spoon out of wooden bowls, the-appearance of the gaol soup being such so caused their stomachs to revolt ; that they had been confined in a cell with a brick floor, and were not allowed any covering for their feet except stockings, and had neither fire nor candle ; subsequently they had a better cell, and were allowed a part►al fire ; their money was taken from them, and neither food nor drink beyond the gitol allowance was permitted ; once in a quarter of a year only, avid then only for one hour, and by one person at a time, in presence of a turnkey, were they allowed to see a visitor; they could neither write nor receive a written communication ; they had no books, except such as the chaplain sanc tioned, in the better cell they were compelled to sleep together in one narrow bed, a second bed being occupied by a convict ; their diet for nearly six months consisted of per day 1/lbs. of good bread, llb. of bad potatoes, tea twice a day, salt, and water ; and thus these respectable men were reduced to a comparative state of starvation ; that all applications to obtain better treatment had been answered in the negative ; that these respectable men are sinking under this treatment, which is a spe cies of torture to which no nign should be subjected, and an approximation to the abominable practices of the Star Chamber ; that such treatment, if not discountenanced and made illegal, will become a fearful precedent to be afterwards extensively ap plied. The petitioners, therefore, pray that the House will provide a remedy, and prevent the coun try- falling into a worse state than formerly. The whole subject will, we understand, be brought before Parliament almost as soon as it assembles, in order that the severe treatment which these two gentlemen have suffered may not be formed into a precedent. PENNY POSTAGE.—We have received several letters complaining of twopence being the charge on each letter instead of a penny, because the letters are not pre-paid ; of the additional sum charged for over-weight, of the burden of pre-pay ment to those who have not before paid at all, &c., &c. We beg our readers, correspondents, and the public at large to have a little patience, and they will soon find means to surmount these difficult:es. For example, the weight may be reduced by using only fine paper, for letters, proofs. manuscripts, &c., sze. For example, also, whet► it is con venient to merchants to send their invoices by post, though they have not been accustomed to pay the postage, it will be easy for them to arrange the business with their customers, and charge them a penny, where they now have to pay fourpence or sixpence to the postman, with a great saving to both parties. We cannot possibly insert the many communications we have already received on this subject. We must mention, however, with approbation the recommendation of one Corie•. spondent to all merchants and traders to avoid sending letters and invoices in parcels of goods. If they send them by post, they will then have two chances to one of the things arriving safely at their destination. One Correspondent suggests to those who will not wait half-an-hour at the Post-office to pre-nay letters, to inclose - the postage under cover to the Postmaster. We cannot see what end this would serve. The twopence under an en velope would not enable the bearer to get quicker through the crowd, nor diminish, but rather in crease, the labour of the letter-sorter. DEATH OF THE DOWAGER MARCHIONESS OF HASTINGS.—The decease of this Noble Lady took place at Kelburne House, the seat of the Earl of Glas gow, on Thursday, the 9th inst., at half-past eleven o'clock P.M. 'Her Ladyship died in perfect peace, and apparently without pain. The Morning Post says, "her medical attendant is of opinion that the immediate cause of death was water on the brain, and that this disease was the result of extreme mental anxiety and distress." The Marquis is now, of course, Earl of Lou doun, and combines in his own person an English Mar quisate, a Scottish and Irish Earldom, with the subordi rrate titles attached to each. RE-EXPORT OF WOOLLEN GOODS.—Within the last three weeks, over a million and a half of wool len goods have been re-shipped back to England. These shipments have been made for two reasons. First, they would not pay a profit, and, next, the parties were fear. ful that the Collector would seize them, as he seized a large portion of woollens that have been before im ported. The difference to the revenue will be very great.—New York Paper. CORN-LAW CONSIDERATIONS FOR THE ,NIANUFA(;TURERSOF ENGLAND, IRELAND, AND SCOTLAND. _.~,.. TO THE EDITOR OF THE SUN, gnu do me the favour to insert in your in !.ellient alto, w;dely circulating J.,urnal the following fouls to he Corn-saw repr•alers. lam a farmer, and a repealer of the Corn-laws, but the manufacturer should suggest to the farmers that he will advocate a repeal of the malt tar, and a repeal of the post-horse •duty', and, in fact, all duty chargeable to horses and veki. des used by all classes of people ; by this plan yoxt will materially increase the use of horses, and also increase. tee consumption of corn, and will give a stimulant to employtnr•nr., end bring over many of my farming friends to ;. sere.. , of their own interest. That is the plan to get the tamer t.• of service to the manufacturer in this great nalioa:d slrtwele for some alteration in the abominable Corn Starvation-law that now exists; as you know that the duty on horses and posting at present is ale means of closing up this sort of business; so that if some thing , s not done, we shall have a superabundar,:•e of horses and no employment or them. I remain, Sir, a Subscriber, And a constant admirer of your talents, A FARMER. N ar Sun ,, erlatri, 11th Jan., 1840. VIE SUN, LONDON, TUESDAY, JANUARY 14, 1840. EVENING EDITION. SOUTH AMERICA. We have received New Granada papers to tha middle of N , vemi , er, from which we learn that the insurrection at Pi e, which was excited b ) the priests against the secula.- c.z.ltion of the convents, has been at 1 st completely put down. The successive papers contain a variety of details of ecnillms with the rebels, but it will be sufficient to ex tract from the Glizettet of October 27, the following despatch, which ; . .nnounce4 the defeat of the last band of the revolters remaining in arms, and the restoration of tranqutility " POPA TAN, OCT. 15. " Senor,—Senor Gregorio Forero writes to me as fol lows, from Olaya, under the date of the 10th current : " By a combined movement of the troops of the Re public, the freebooter, who has maintained himself long in the mountains of Berruecos, was surrounded and at. tacked ~n the point where he took refuge after his flight from Cabuyal. Twenty-two prisoners, and the recovery ,•f an equ , ,l number of fire arms. are the result of this last affair, be id s the assurance of the tranquillity of this pro vince. The rebel bandit himself escaped almost alone, leaving his blunderbuss and sabre in our power. No two of the fugitives remain together, and consequently the re bellion is at an end. ‘• MANUEL JOSE CASTRILLON. " To the Secretary of State for the Department of War and Marine.' " THE MA KETS. BIthAD. IfT:CieirWOlis is 10Xitl. for the 411) F SEEDS. Per Quarter. St. Foin —s. 4S 66 , Kyr Grass .4.05. 44a racey Grass - s Linseed, for feedi»g —s, 4 +7a, 59.. a Ditto, for sawing —s. 54 s. 56, Ditto, for crushing —s 42,1 Cis Canary —s 701. SOs Hemp , —s 33s 40s Per Bushel. _ I'ItICE Ur The Highest price 01 Breadinll Loaf. Good Bread may be had at PRICES 0 Per Cwt New English lied d1ever...55,. 905 i Old Ditto ihrto ,. —5. —, New Foreign Ditto —s. 565. 30s Old Ditto Ditto New White Clover „.,:ifls. 655. 70, t.)ld Ditto Ditto s. —s. —s. New Trefoil —, ISs. 30s. Old Di.ro --s 12s 225. Trefoil= s. 2Els 3 , 's English Carraway —s. 525. 56, Foreign Ditto —s. 50s. 56s Coriander —s. 20s. '2ss Rapeseed, Englith tine (per Lai White Mustard 11s. 00— 14s. Brown Ditto lss. ed. 19s. 1.41 Tares ss. 6d. 7s. 6cf. List) 231.:3!1. Foreigh 261. 281. PRICES OF LEATHER. Per lb. d.-to d Per lb. d. to d. CropHldes,3t'to4olb.each 1 131 Horse Hides, tierman ... 12 22 - ---4 1 . 51f '2 16 ---- Spanish .... 13 24 - ----50 60 3 IS Calf Skins,3o to 401b.(doz) 15 22 fi t al Hides ......~ . V.triol ... „.. , 7 19 --50 CO Butts, 21 28 - English .. 5 24 -- 70 100 - Foreign Foreign Hides ..... . . 0 15 I small 2O 22 Dressing Hides ... . ..... 1 14 Kips -- -Shaved... 3 17 Basils... Bes, Saddlers' Hides.... 5 16f Bellieo Horse Hides, English ... 1 15 Shoulders lO 13 Call Skins, if rounded 2d. to 4d. por b. more. PRICE), OF HOPS. Farnham i-,,,. EL, (per cwt.) 0! Os. 0/. Os. to 0/. Os. East K ,~: • Pockets Ditto 8ag5...... o . ins 01 Os. to 4 , 1 4s. Mid Kent Pockets 3/. 10s. 41. 10s. to 5/ 11.% 1)112s Bags 3: 10s. 01, Os. to 4.. Os. , Sussex Yearlings . O/. Os. 3/. 3s. to 31. 10s, Old Olds • Pi - 110E OF OIL. RapeOil,brown,pe- ton, 354 (ls.—Refined, 361.105 inseed Oil, 2 4 24 Linseed Oil Cake at the Mill 0' OW), 144 14.,-Ra,De lake, per ton,7/. PRICE t. - TALL° W, SOAP, &c. per 1121 b. Town Tallow sss. Pd..' Yell w Soap... Yellow Russia sos. Pd. ,` !Mottled White Soap Ditto Melting Stuff 375. Od. (400 d Dregs • Ditto Rough :'RICE • F RAW FAT, pel 'stone of 811% Price of Tallow (as stated by the Tallow A k `e!ters) 36, Id, PRICE F CA N DLES. The price of good Store andles in the 11;t;i1Sh.ops is as follows: Candles, per dozen, Ss. Od. ; inferior, 7s. Ohl. ; 2•loulds, 9s. 6d. Sixpence per doze , } discount for cash. OAL M s, d Bell, Robson 8, Co. Hartley 19 0 Original Windsor's Pontop 21 West Hartley 2O 0 Wylam. 2O c Walls End Brown's 2l G Walls v'nd Heaton „ 2.3 1 , Walls End Hotspur Walls End Killingworth Walls End Newmarch 22 1 . Walls End Riddell's Eden Main 22 Walls Endßraddyll'sfietton 2.i Walls End Haswell 124 0 Walls End Hetton ships arrived sinec ARKET. N. d. Wzi. , s End Lambton ... 24 9 Walls End Stewart's ... 24 6 Walls End Hartlepool 24 6 Walls End Kelloe 24 6 Wolfs End Adelaide' ' 23 9 W Its End Gord on 22 0 Vials Eud New Tees ... 23 6 Wa Is E.ndßichardson's Teesl9 6 Walls End South Durham.., 23 Walls End Tees 23 a Walls End Tees Hetton 2l '9 Anthracite 3O 0 Blythe ..... 17 9 last market-clay, 53. IMPORTANCE OF CORRESPONDENCE.--" In modern times there *an be no surer index of the state of a country than its correspondence, which is found to be extended by every improvement in wealth, in com mercial activity, in education, and in the growth of kind affections among the people. If our correspond ence, then, is to remain stationary, improvement must stand still, nay, must go backward ; for our population makes a steady and rapid progress. The excess of births above deaths is more than 1,000 per diem. If, then, the number of letters written should remain the same, or should be of slow increase, the inevitable con clusion must be, that we are losing ground in the great race. This, however, is the reductio ad absurdunt."— " Post-office Reform."—Edinbu-sh Review—(Just pub lished.) COLONEL THOMPSON AND THE ANTI-CORN LAW BANQUET.—We perceive that Colonel Thomp son has declined to attend the Anti-Corn Law Banquet at Manchester, on Monday. We are not surprised at this, especially after the severe attack ea hich was made upon him by the organ ot the League, about the period of the late Manchester election—an attack, in our opinion, highly injudicious, both as respected the Colonel himself, the father of our Anti-Corn Law • literature, as well as the large body of Radicals w,;th whom the Colonel identifies himself. The circumstance of the Anti-Corn Law Circular having thus lent itself to do the work of a party, tended at the time rath er t o th e encouragemen t o f a no t: on, which cannot be too carefully guarded against—namely', that the Anti-Corn Law agitation had been got up and carried on merely for Whig purposes. This, we know well, it is not ; for it is essentially a Radical agita tion, in its crigin,..its progress, and its contemplated objects. Col. Thompson wrote and laboured, in the Westminster Review, to arouse public attention on this subject, at a time whet he had no stimulus except his own honest convictions of duty. He stood, in fact, al most entirely alone, for y Caes, in the advocacy of this great question. He had neither public meetings not Anti-Coin Law Leagues to back him ; and, as yet, the Anti-Corn Law Circular was unknown. At length (and in a great measure, we feel persuaded, through Col. Thompson's labours) the Radical press was stimulated to take up the question, and the popular attention be came thoroughly roused on the subject. But now, when the Colonel should be reaping the reward and the homier of his labours, he is turned round upon, and sceld. d f..r " his extraordinary intrusion into OUR bo rough (reenely, the Whig borough of Manchester) at the last election," and twitted for his " lamentable in (km tion," and as a" restless aspirant for Parlianiien tary hone ors !" (See Anti-Corn-Law Circular, Jan. 7th.) This may be Manchester policy, but, in our opinion, it is by no means honest policy ; and is cer tainly unworthy of the highly independent tone which the Circular has hitherto assumed, and the manly and un fiiiiehinz zeal which has ever distinguished it from its commencement until now.—Leeds Tunes. Mr. and Lady Caroline Maxse, who have been staying some time with the Duke and Duchess of Beau tort, at Badminton, Gloue - zstershire, have returned to Woolhedding, their seat in :;ussex. ------------- - PLATE SUITED FOR :'IIESENTATION.- Comm:tit-I.- or private irdtvuivais requirsng splendid or simple articles of PLATE for presentation, may, by addressing a paid lever as under, have drawings sent for their approval , It is desirable letters should state about the sum intended to be expended, • 1 COX SA VORY, Silversmith, &e. , 47, teraill Seven doors from Gracechurch- i7 reet),.bm - d - ( - 11; BTH S. G On Will the 11th E inst., in Upper Berkeley-street, the lady of orge es. of a son and heir. On the 10th, inst. l , , at Liverpool, Mrs. Alfred Castellaio, of twin sons. Mts. Joseph Payne, of Grove-hill House, Camberwell, of a son. ALA RRIED. On th• 11th inst , at Brighton, Griffith Thomas, Esq , of Denma.-k.hill, Surrey, to Martha, ellest daughter of John Woolley, Esq., of Beckenham, Kent. D 1 On the 10th inst., John Lawson, Esq., surgeon, Walbrook, aged 43. On the 14th of November, at Tellicherry, on board the Bombay, Cecilia, the wife of Henry Lavie, Esq., Lieutenant and Adjutant of the 13th Native Infantry, aged 22. On the Ist inst., at Lyme Regis. Miss Mary Lloyd, third daughter of the late Samuel Lloyd, Esq., of Battersea, Surrey. On the 10th inst., in Camb,rwell-grove, Mrs. Miller, relict of the late Walter Miller, Esq., of Highgate, aged 70. On the 10th inst., at Wincobank, near Sheffield, William Ford Rawson, Fsq. On the 10th inst., at Rye, Sussex, Mrs. Griffith, aged 34. On the 11th inst., at Brunswick-terrace, Captain Edward Blackett Roberts, aged 64. On the llth inst ~ at Clapham, Mary Ann, eldest daughter of Harwood Austwick, Esq., of Lawrence Pountney-lane, aged 21. On the 11th inst., at Garnault-plaee, Clerkenwell, Mr. John Robeson, aged 68. London: Printed and Puri, sned lay MURDO YOUNG, of No. 112, Strand, at The Sun Office, No. 112, Strand, in the county of Aliddlesex.—Tuesday, January 14, 1840. C and K. hill ilig all r Bth Elan no d Th e 0,,