The Express.
London, England, 1848-07-07 00:00:00

580.] LONDON, FRIDAY, JULY 7, 1848.

LAW LNTELLIGENCE.—(TIns DAY.)

CENTRAL CRIMINAL COURF.
OLD own.
TRIAL OF THE CHARTIST LEADERS.
Before the Lad Chief Justice of the Common Pleas.

The business in the Old Court was commenced by Mr.
Commissioner Bullock, who disposed of some cases of minor
importance.
At twenty minutes to eleven, liud Chief Justice Wilde
took his scat on the bench, and W. J. Vernon, convicteJ
yestilday of attending an unlawful assembly, was placed at
the bar on a second indictment, charging him with a
offence.

The Attorney-General rose and informed his lordship
that as the prisoner hail been convicted on ono indictment,
for an offence similar to the one now charged against him,
it was nit his intention t' proceed further in this ileac, but
he should enter a 'toile prosrqui as regarded this indictment.
Mr. Parry said the course the Attorney-General was
taking was one highly honourable to him.
The priroi.er was then removed in custody.
Alexander Sharpe, printer, nas then arraigned, charged
with a misdemeanour on the 2fith of May, and another on
the 4:h of Jane, the indictment charging him with sedi-
tion, attending an mil twiul assembly, and participating m a
riot.

Mr. Serjeant Wilkins and Mr. Robinson defended the
primmer.
The Attorney-General. in opening the mesa, sail that as the
Jury now in the box had had their attention directed to one ease
of the same class as the present, it would be unnecessary fur
him to cuter iota the same detail as to the law upon the
matter. With this pre [story observatien, he would proceed
to state to the oiry what were the circumstances attereeli g
this COO. The meeting at which WO sedition imputed ten
the prisoner was spoken toile place at five o'clock on Sun-
day afternoon. the 4.h of June, in Bishop Bohner's fields,
where about 6,1:00 or 7,000 persons were assembled. The
meeting was c evened by a body of p: none calling them-
min a Irish Confederates, and the chair was taken by Mr.
Cuff,:y ; a Mr. Henry. Junea proposed a resolutions to tlw
effect that, in the opinion of that meeting, the coeduct of the
government was tyrannical, base, brutal, and even Moldy,
in transporting John Mitchel for no crime at all ; nt Last his
offence, ITS it was called in Inland, vetted have been in
Leaden esteemed a virtue. The prisoner at the bar eras the
'mender of that resolution • and, as the pore rune nt was
aware of the intention to hod that meeting, sod two short-
hand a rins were consequently in attendance, there would
be no difficulty ere tt the Accuracy ot the report of the speech he
would remi to the jury. The learned eendeman then pro
meded to rend a transcript of the short-band writer's notes,
and which extended ova r a considerable epee°. Toe prisoner
said that he did not care for a prism; dor, let him
be in a prison, or wherever else he mieht, lee wool I dis•
se [innate his doctrines, and contaminate every man he set
or came near, with a hatred and diseust at the tyramical
goes rime: t. lie referred to the meetings. lie said that
the newspapers had grossly under stated the nernbers that
attended theta, as would be seen by a tact he had to com-
municate. A procession had taken place just torture, and
6,000 per sons bud been dispersed by 100 city policemen. 11 ed
he been there, he should hove advised the people to:Idel rhe
defensive, as he could assure them that the eight before, one
of the liberal membe eo ot the government met one of the
executive, whose m Ile he bad no occasion to msnrien, and
Paid Cloud Go,'. Mr.—, what was your procersion about?
Heel you surrounded the House of Commons, see should
have had to fly for it. That, said tine Attorney-General,
showed how tin se person% endeavoured to delude and mis-
guide the pee ple. The prisoner, ins his spa, ch, recommended
the assemblage. if they were attacked by the police,
to tear up the railings which were to be found in
goat of anent of the houses in London, and they would
then be armed with weapons tar hetet r tor service
than a policeman's truncheon. The elleet ot this 'worn:nen-
, elatun to the mob was, said the Attorney General, that that
very night a polic man was etrack with en iron has. The
prisone r said that the day was mimed when the sight of a
policeman's staff or a soldier's scarlet jacket would stop the
mouths ot the work! g cheeses ; and a speech of half an
hour's duration was in trio same style and to the Lame effect.
The meeting was addressed by Ernest Jones, who, before his
arrival, VAS suspected of betraying li/eOl, SS he had not
attended ; but alter he had arrived, he deiivere I to them
me address which would term the subject matter of a further
investigation, and therefore need not be referred to here,
further than to show the nature of the meeting. The meet-
ing being concluded. the n (feet of the infl dilatory language
addressed to the mob was soon apparent. Sc' ma of the dose
violent character ensued ; the police w, TO celled cut to dis-
perse them, and then were aexaulted in a most violent and
brutal manner; one of them, adopting the prisoner's doctrine
had armed hinnelt with an iron bar, with which he assaulted
the pulice.—Those who committed the oftleme of rioting on
that occasion, had already been brought to justice. lie (the
Attorney-Ge neral) would ask his lordship to give the jury
a full exposition of the law as regarded riots, and the jury
would thou see that those who incited others to riot and
to acts of violence and apresasion, were responsible bur the sea
ot those persons. lie said this with reference to the third
count in the present indictment, which, if eatisfacterily made
out, would su ject the prisoner to hard labour for the oil. net
charged against him is thee count. No man who would
incite a mob to acts of violence, to riot, end to acts of agre.-
sion, and was then coward enough to tly, ought to escape the
punishmeet he deserved.
Hem John lesogoml,short,hand writmeezamined by Mr.
Welsby Protes-iemally ettended a meetieg, on the 4th June,
at Bishop Brewers fields. Then were five -r seven th•ms end
pers es present, It comeneuced shout three o'clock. I don't
',collect who was chairman. Henry Jones address: the
meeting ; the witness then teal his notes of the speech of
We prisoher at the meeting, to the same edict as above.
Croce-examined by Serjeant Wilkins. GUS there about
three o'clock. Mr. Weight, another short-hand writer, was
with me. We were a few yards apart, and several per-
sons inter steed. A policeman's beck was my nettle.
here were many res, ectahly dressed females there,
and a great nunther of the persons present, seemed
is be persons who were taking their Sunday walk,
who stopped to hear the spoken. The assemblage was ad-
dressed from a mowed. We nt to report the meeting for
the government. I sent a transcript to the crown solicitor.
James Wright,examined by Mr. Boil kin: Am a short-hand
writer; went to the me e Mg at Banner's-fields ter the govern-
ment. The witness then read his notes of the speech
delivered by the chairman at the opening of tee meeting. It
was in n ference to the conviction of John Mitch.l, who, he
islet, hod been convicted by en packed jury—a jury p mind by
a juggler sheriff. Mitchel had teen sentenced to be trans-
ported beyond the seas tor foarteen years, Mi., not content
wide that, a hand of vell,ins had desecrated bi. Muse, and
stolen from his wife and children tho,eittle property they pos
sensed. This sous the conduct of the tyrannous, villainous, and
despotic government; end woubl they, as charthts and Irish-
, men, Glow it to c mtinue ? were tit:), not coma e's. to allow
it ? (Cries of " Yes, yes ")
The witness said that he wished the court to under-
stand that he could not positively speak to the accuracy
of his notes of this speaker's Speech, as he was tieing on
the ground whilst he took it —and many rushes of
the people took place in consequet.ce of cries ot "the
police are coming." The witness continued, and read his
notes of the speech of Henry Joins which be could accu-
rately speak to. It was of a violent nature, and the extracts
Riven above may be taken as tolerably fair specimens of et.
In rat re nee to the police being stationed in the church
adjacent to the fields, he said" You see a church, consecrated
to the sere ice of the Most High and to the cause of religion,
desecrated by the presence cot a band of fellows deemed in
character an policemen." Jones was followed by Sharpe,
Looney, O'Mulley, and Irving, and then Jones spoke again.
lluri,g the epee-cites the =miler of persons had increased.
A second meeting took place, and wetness took a verbatim
note ot what took place.
Mr. Serjeant Wilkins here toile some objections to the
course the examination of the witness was taking, but the
Lord Chi f Justice eve reeled them.
Mr. White was examined to corroborate the evidence of
the last witness.
On his craw-examination by Mr. Serjeant Wilkins,
nothing material was elicited.
J. C. Waller, a police iespecter, deposed to brine present
at the meetings in question. They were each attends-el by
about 7,000 preteens. The second ms eting broke up at about
elf-past are o'clock. After it had broken up he sew stones
thrown ret the church windows, round which there
were about 600 persons. As he approached, they re-
cognized him, and he was struck wolf a groat many
stones which were thrown at him. He went in end
beard the church windows being broken. Ile was
much hurt, and took a draught which was prescribed
for him by a surgeon. The mob then di-charged
another shower of stun. a, which wounded a serjeaut and
seven men, lie then ordered the men forward to
dispe-se the crewel. 1 hey did so after five or six minutes,
of determined resistance. A second resistance took place.
lie then drew his men off, with the prisoner, into the
'red, cis of the church. The mole were then dispersed by a
mounted police, which come imp at the time.
Cross-examined by Mr. Serjeant Wilkins : He was not
in unitorm. Th. re were a great number of stones on the
ground. At firet then, were only thirty-eiz policemen en the
church, but afterwards they amounted to forty or fifty.
There was service in the church on that afternoon. The
pmicemen who were with witness walked in while the per-
vice was being performed. There wire a few persons
forming the congregation. The service was over when the
throwing 41 stones began.
The Rev. P. Horton was then examined by Mr. Clark.
He was clergyman ot St. James's Church, where the service
was over at ahout half past four on the day in question. He
deposed to the nature of the scene and the entrance of the
police. lie saw the meeting from his own house, which wee
close to the church. The ',perches concluded at about •
quarter after seven. At its conclusion the crowd se-
parated, and a great portion came towaids the church.
The next thing of most importance which he wit-
nessed was the throwing of stones, as described by Inspector
Waller. There were a large number of panes of glass
broken. A great portion of the mob ran away on the
interference of the police, the conflict with whom be
saw at a distance. He alea witnessed the return of the
police with the prisoners. He eaw some atones thrown by
the mob, but taw nothing in their hands but stones and
sticks. He thought he saw an iron bar, which had been
taken from a prisoner, brought back by a policeman.
Cross-examined by Mr. Serjeant Wilkins.—The windows
of the church are casement, windows, and there were about

[THREEPENCE.

thirty-six little leaded panes broken. lie was in the church-
yard while stones were being thrown, hut woe not struck to
his knowledge, lie did nor see anybody struck by the stones.
Ha petmitt,tl the prisoners to be confined in the vaulty
of the church, and gave the keys for that purpose. He
Il..esartedfirneetilm. Fite toreccotirvae3f otinee Peti"the mob, who was
wounded, into his house, and about tie or seven of the
police.
Hardy, a police-constable, described of the
meeting held on Clerkenwelldrreen on thitlit*lfiluteday, the
proccayion through the streets, etc., se given in evidence
Yesterday. There were about 3,0011 persons subscqueutly in
Fleshly ydquare.
Mr. Kemiado, clerk in the Crowst.office, Dublin, produced
the record of the conviciion of John Mitchel.

This closed the case for the prosecution. The Court then
a'j turned for a few minutest,.
On ie.aseenalitieg, Mr. Serjeant Wilkins proceeded to
address the jury on behalf of the prisoner, in a powerful
end rloqueat speech.
Toe learned gentleman argued that the slate of terror and
alarm into welch the country had been thrown hod net been
occasioned solely by the meetings which had been held; but
the course the goye rnmeot hail taken with regard to those
nit etings had coiatributed in no mean degree to the state of
COAIIIIIIIO in woich things had heen placed. lie wee thank-
ful to the government tor the precautionary meesurea taken
to preser re the public peace and to protect propert , bat
the great military array that hat been diaplai ed, the great
numbers of policemen who had Lei n marched and paraded
about from point to point and from place to place, had
exceed in the minds of the people mire Eite-
-1 strut than all the meetings that had been held
One of the witnes-es, a tradesman, in one of th
other cars, said that the tradesmen generally in his neigh-
bourhood were notularmed at the meetings, but at the troop,
of Morse Guards that were Tieing abut. Be
would ask what was the csuse ot one who, but
a few short mom the ago, was monarch of Frans,
now being a poor, miserable exile, almost unheard of, and, he
would say, Minos; unpitieu ? Why, it was an endeavour
to prey. lit a pubic meeting—a meeting where there wou:d
have been a concentration of talent, of genius, of determine
Bon, and of ceded ; and, had not the government interfered
with that meeting, who could aoubt but that Lou's
ehilippe would at the present time have occupied
kis former throne, and all the awful scenes that bad
taken place on the oilier side of the Chinned would never
have been heard of. The leaned serjeant said that in thb
country there was one law fur the rice and another ler the
poor; to illustrate which, he read extracts from the speeches
of Cobden, Bright, Wilton, and the Rev. Mr. Bayley,
delivered during the anti-eorn.law agitation ; end those
extracts, he contended, contained more sedition than aught
that had been uttered by the prisoner.
The Lord Chief Justice said that it w beside the gees-
tinn to quote seditious speecees delivered aid:where.
Serjeent Wilkie.e would nut quote any more, after the
intimation of his lordship, though he had a volume before
him He considered it per:Mint to the position
he had assumed, that, what one class of persons
received honour, reward, and distinction for, ought not
to be made a crime in the ease of a peer working
man like the prisoner at the bar. Yct such it wee
in the present ca e, and the conduct of the govern-
ment was, he considered, like that of the coward
Loy who kicked the gosling because be had been
bit•en by the goose The learned gi.utleinsn proceeded
to draw a harrowing picture of the miseries endured by the
population in tho manufacturing districts, and asked how
were they, the unrepresented, utientranchised, to make their
wants and privations known but by meeting in [Albin to
grumble out their social wrongs.
grumble d out their social wrongs. The learned counsel are
geed at great length upon the probability of the language
ascribed to the prisoner Laving been mestere:W—
-EI) easy was it for a reporter in a crowd to mis-
take nue epithet for another, amidst the noiee and confusion
which prevailed. Ile argued that the general character ol
the meetings was far less dangereus than they were
desenbed to be; nor could he see in what respect they
were unlawful. It was very dillieult to conceive the
me ling to be a riot; . Lut granting that it was, it was
almost impossible to say by whom it was caused and
originated. After tome other observations to a similar
effect, the learned counsel sit down, having spoken fur
• nearly two hours and a half.
, The Attorney. General then replied
LLctt speaking.)
•

NEW CnCßT.—Before Mr. BOW Parke and the Recorder of London.
Ix site CASE OF THE ARDUCTION UP THE ItLV. Idlt.
lIAKVI.Y Or TUAXTED'a§ DAVOUTER.—Mr. Ciarkson, who
appeared to prosecute Thomas Buxton Barnes for the abduc-
tion of Miss Hervey, applied to the orm.t fur leave
to withdraw the cherge. He said : —My lord, you
are aware that this is • prosecution for the ab-
dee'ion of the 'aushter of a rev. gentleman of th •
highest respectability. Toe abduction in question was tol-
'wed by a marriage, and there is ee ry reason to btlave
that this marri .ge is • Lgal and legi'iteate one, and that it
cannot be put aside under any CULLIOU,WWCII. I there-
fore rcapiatully ask leave, my lord, to withdraw from
offsring any evidence against the prisoner, vying that
the ett et would be that the punishment infr cted upon him
would fell unhappily on the unfortunate girl who hod been
nliducted. Under these circumstances I mop ettully ask
permii,ion to withdraw the prism:mien, and I am
sure that the court will kindly grant me this permission.
After a few words front Mr. lielleutine, tue court assented, '
and the jury, by the direction of the presiding judge, re-
turned a verect of et Guilty. The prisoner was hi con-
sequence discharged.
Ml:llDEß.—George J 044 flelo3M, axed forty. five, a work-
ing jeweller, was plan d at the bar, charged with the wilful
minder of Wulism Henry Woodhouse, one of the turnkeys
in Clerk. nwell Prison. Toe prisoner p!eadad N.,t Guilty.
Mr. Bodki said that the prisoner, durii.g his c intinent. nt iu
Ch. risen well prii on, had some differ, cell with another prisoner,
and on the dcae teed stating that he would c-port him, the
prier her was heed to say, " It would be the worse for him if
he did." The prisoner wait subs queotly removed to a
solitary cell, where it became the duty of tl.e deceased
to attend him. In the aurae of that atten!ance
the trimmer took the opportu,ity of stabbing the deceased
to the Incn, intile Mg a wound of which he immedi etely
expire d. Witnesses WI re celled, who estabsished the facts,
that were rec ntly detailed in our pollee reports; alter which,
Mr. Clarkson, for the prisoni r, eddy med the jury, endea-
vouring to reduce the crime to one of manslaughicr. The
jury, hoeing heard the summing up of the learned judge,
found the prison, r Guilty of murder. heotenc,4 to be
executed on the lith instant.