The Express.
London, England, 1859-11-22 00:00:00

AGAINST A CONVICTION FOR INTIMIDATION.

William Perham, an active member of the Meow' Society,
convicted on the let of October by Mr. Corrie, for unlaw-
fully intimidating William Jocelyn, an operative mason,
and sentenced to two months' imprisonment, appealed to
the Court of Quarter Sessions against this conviction.
The court was crowded by persona interested in the pro-
°endings.

Mr. Lush, Q.C., and Mr. Pollard appeared in support of
the 0:111VM1012 ; Mr. Edwin Janne, Q.C., Mr. Wheeler, and
Mr. Gordon Allen for the respondent.
Ou thecoavie: dun being read,

Mr. Edwin James said that before the matter was gone
into he mast call the atientiim of the court to the conviction
Itself, which, he believed, he should be able to show was bad
In the form, as the conviction on the face of it did not eat
forth any overt acts which constituted ►n offence under the
art of parlism•nt. There wee a second point, which wan
the very gist of the vdence, that threats mast have been
wade to the workmen to induce and intimidate the person to
leave We employment. In the conviction there was no state-
ment that any threats had been need, and it was not suffi-
cient merely to follow tho words of the statute creating the
offence.

lir. Wheeler followed on the mums aide and said the
conviction ought clearly to stets the epecitic offence as one
which came within the terms of the act of parliament. He
said there wa• aWe quite astalagous to this decided on the
statute 4 George IV., chapter 34, which he contended put
this conviction all fount The case to which he referred
was " Re Turner," In which it wee held that a penmen
absenting himself from his employment was not liable to
any penalty, aa there might he a lawful excess for such ab-
sence. Altuough the statute made any absence from employ-
ment so offence, ye, under the circumleances, the court
held:that merely following the words of the waist, was in-
autticiect to establish the silence. There were several other
cages bearing upon the same point, to which he would not
further refer, although thy were very numerous, to shove
that It was not mu- lent to follow the words of the statute,
even if such had been dose; but he would hereafter be able to
show that the words of the eta'ute had tot bets followed.
The statute said, '• If any person attordd force, threatee, or
Intimidate another penes, which clearly showed that to
make out this t trine there most have been some force,
threats, or intimidation used to •411110 person who must he
mimed.

Mr. Gordon Allen said he believed he need add but !Whita
whet bad been already .° well stated by his two learned friend;
to ohow that this conviction WM bad. It had leen held by
Lord &Harbor...ugh that a general offence grated was instil-
flcieut, as it might be perfectly coneletent with the innocence
al the perdu.
Mr. Lash, Q.C., said if his learned friends bad had any
faith in the ground they were now taking, they might easily
have had this conviction teeted in another way. Under the
statute it only required that the offence should be stared, and
the OWN to which his learned triend Mid cited did not
apply to the case before them. One of them WWI profane
swearing, end it watt alleged that the defendant did utter
56 profane curies, end carte come 120 perilous, and in that
case it was held by the judges that the word, of the coon
ought to be set out on the conviction to enehle the court to
judge whether the words were profane or not. Therefore,
such &case an that had no reference to this. With reference
to the case referred to on a tervent abeenting himself frogs
his emplopnent, of courve it must mean " unlawfully
leaving his employment." an it might happen that
• person should be taken ill, and of course in that cies It
would not be an offence under the teem of the act of
meet, lie contended that the conviction was good, ea it
closely followed the words of the statute, end raid items
quite sufficient to show that there had been threats and intl.
inidation, and that it was not wormy to show on the face

al the conviction that three threats led bus mad Ismer&
anethe,r amp beteg, of emcee, *Mei
Xr. nand oho urged sb a the 0011nC4101B VMS geed, that
the mere died woe inele•mat, se the conviction led takes
ghee blew • meow,. within the reetropolitas palm &e-
--ine*. _ _ .

—lir. R. Jemeseeplad, eat onniendol that it yea an ladle-
mamba essehaeles that the off nn ehould be clearly Wind
mil stated IS the Wad the eoevictioe, and although then
had been • Peas Att, it wee war cantempleal
the law ahead be alterid, ci that ea Mks=
sad a highly peril oar, ebouid not h• properly
stated, The coevietio• did n 4 state what the
thread ware, so as to 'sable the Court to judge whether
they were thmets or not. Ileamdly. it was not stated
whether the throats were mode, and as to the argument of
Yr. Lab that if they were dimallatied with the warrants,
they might have guns elsewhere, his learned friend knew
as well se be did that that course was still open to them, if
the judgment of la court shnuld be yawn them.
She ateimest-Jedge saki be thought the trot ground ni
Op • the woe sat isemble, het with taped to the second, be
thought the tirade art be used to the person, still, ere the
demean al the mat could be reviewed elsewhere, be did not
Walt the pest warnitiost to justify him In stopping the ease.
Mr. Lei ten steel the esie and said this woe • pro.
ewswein Imetkned by Kowa Piper, the builders, but with-
er:v. teey visibcdoe feeling nasal the dohndent. As Imo
se the ww• 111111=mtattmo strike cheat to act upon the
reams of der coesplent weed be mode, but
when throw el Wedded= Safe toads against the man they
were Woad to isterirre. He then detailed the mimeos of a
former of Kr. Piper to Devonshire, where be =gaged 18
wa m cow up to tondos. When they esete to Lemke they
were taken to Aidereiste-street, where they wave
the defeedest, who, after trying all LOISSI
actually labiate* the men to go away, ten argatmoOtreo to
Annul. They wild they shoed go to work, es they hod
c.a. to Lewd= ter the porpow, when Perham said, "If
inu its so work w• sWI cel you blebs, sad whoa we get
t, work us will snub =Wet you all over Loden, sod
yaw will be tented Thst was • threat and hitheide-
which he contended was one withia the messing of the
set of peiteseet. _ _ _ _
.

Chair Itolgolts was the bet eientbasd by Mr.
Polwad—l hes at 37, Loan!-wow, Colodoelea-miod. larg-
er.. I are * the rem* of Marrs. Piper, gem* buggers.
Is Seprarbar I west to Tarkeoek, Nvorthire, to engage
mes. I war to Plymouth. when I .speed frays far sr
swaths Ile rem to me while I was le the taus, sad aimed
himself Is he esgsgsd ma hie are toms as a man who hal
gone up two days liskre. 1 engaged him for an
at fa M. par eq. I paid Yin lei that day, thentt
Clesolise. These ore earatema ell eighteen in the
bra, shoo Mama having awes front Tavititork.
ire sane into Lasko ea the Great Waists Rail-
way, mad enired r Paddiagtot at h tlf-peat 9 o'Oct. We
sew two all these ors them who Ingo talkie& to the no I
bad tomb' afoot the writs. I pot the mai hod bee&
leto three Gabe. and then drove to I4s Ikeda Oro et
the saes followed is a rob. We vserinad et Ski
bases la Law. Bntai afoot thiorportre el ma berm Am
o saw has,
I maw Perham mom Is at Oa deer,
with tostbse ma. Patten had ors' elk st
Pips's. As the on were plag sot Piero pot sot him
band mad ear, " Teo nee mo awe, p Irk with no to the
So. awl I oil wad tees disk le the .swap." I Oa,
▪ Thiry so sit year on, has size. De P.s Wool is
eated is the wear molar f be pbm
wart Ise • Mak. ft Looks" I p:sell. eased riled es
de nos m raw. Perham pot Wort la the desnesh sad
I celled is the ass to some or Jambs amid, " Let re saw
imeward, awl I will woo posh hies rein lid desraily."
Prism the. steed wide. and the noes ell sone sot. Winn
se aro est revs was a rah lbws. W. sere ask irolisd
sp Delm-otre-t, ttrough Smitteeld, sod them wp Lsarlase.
rearm tad re mss to ease with him, awl be wanhl pe-
nile that bads mad rad Om beck to the ..asap. Is
Oserimo I apart is Portion, sod erred him if ha laraded
to go that way. Re mid " I dr" Ties, I toll* I Ask
is ream and tool mod. Pietro old dr err
fallow. I *ma Bard I shard go the way I do Isimaded,
aid that I west/ spelt is the get/ I set Hewing
gene MOO diorama I woke le • bet be Word to
rho say sales sakes he or looked. pr eons
thwaree Peahen ego% lotsekeed with Lb@ sea. mad meld
"If three men g• w owl they will Is losing r oat. mad
we shall call raw ass biota, sof who who to wart we
shall stake egaiset this son Leadea. Gado maid
"It Os all Wm oplaierel to le berme tee erne op. I came op
tope to week, sad go to work I shall." Perlman then seed "Toe
know the mirtaprenceit. I have told yea w shall strike sprat
yea.- We all then left and west toward. Writes; Po-
lito is a or, lollewiag. I rot Wm with the ass , Per-
ham harass The mess went Wa, hoses, what' Per-
ham @aid, " Yon he* get than ON, bat I will have lbw
et tbe So." TM man am down Lie shoat at haw, who I
west est with them to g.t kdorge is, than at akeeirepe.
(.se sae, however. stopped at Paddington.
Crom-ezeinised by Mr. R. Jerees—Joeelys tame from
Plymouth. When I engaged him I did sot asy anything
to hr... stoma signing a document. Theis wee previonry a
strum at Tarititook, and they arced as if they word leer
to ..an document ; sad I told this, so. I bow they
wiaal hoes to take the declarstiou—that Werra. Piper
woull signor it. Ido not Many if I told them they would
have in tuke a declaratioo. Ido ant know -lobo I did or
not. I really do sot know if 1 mid one word about s diehar-
d*, as a coaciel al of their obtaining employment. I row
that all the men would have to take the declarative.
. .

The Arietant-Judge on:Wee:wed the preverkstio• at this
wither.

Crawaramisatios contingad-1 told tha roam than waa •
mike la Landes.

Mr. Jeuneo—On yoar eeleme rah, aro say ese that you
lad be would bays to wore under the deelarends.

Witamo—l do not re member the pence, but a party wrote am
• letter. That perms did not come to London. I never told
)(Neely!' that he would have to work under the declaration
before he went to Piper's teed on Monday. I do net re-
member toiling an use that ha would have to work =der
the de. location. The declaration se read and handed Ise the
assa, and if they do not take at we do not employ them. We
do not sak them if they arra to it, but if they do not take
the document, we do am employ them. I never es+ Jocolya
before I brought biro up. Ho I. • mason, but I did sot
Mow if he mule skilled workease, and whether he would suit.
I told the policeman that Perham did nothing oa the Saturday
to insult are. The first public-home I went into with the
men, Imw Perham. Ho drank there but I did not drink
socially with him. !paid the reckoning, and Meows. Piper
paid me spin. They paid the piper. (A lough.) I dna
spin at another pubbc-house. I em not aware that sum of
tb. roes I brought up refumil to take the declaration. I did
not put it to them, bat Mr. Piper put It to them himself. I
wsa tarn sad nom= refused to take the declaration. Om
the Monday I took the men to the job at the railway, Whin
Jocelyn rasped to sip the declaration.
Ife-examinai— Tbe turn are out requested to ego say de-
claration or imything else. It was road over and them
handed to them. At Tevietock I was asked if they earise,to
I. adoa whether they could not work with me and still be-
long to their society, and I lid tans that I thought they
could ant. Sone of them left after they came up, but la •
few days they renamed.

William Jehelye', examined by Mr. Loah-1 us a stone-
mason. I saw Mr. Itubjuhe at the Plymouth Station, sad
asked him if three was any chalice, of a job. He said yea.
limited if I bad to non any documest. and be said se. I
laird what the pay was, and he mid 61. 6d. a day. Vpoo
times taros I cams meey, being sagged for sin months.
Whim I mime no we went to • public-house to Little
Sanaa I saw Perham there, who wasted cm to go with
him to the Sas, where, ha said, as should have
what we wasted to sat sot drink, sod that hs would sad
as all bark. Perham stood in the doorway aad said the ems
belonged to him. He said Ruh ohs might mess oat, bat the
new ors helosireal to him. (He ibis repeated is detail the
evidence nisi n by Rolijoho, sod portico's:ly m ta lie ober-
, anon of Pahme that they would he celled blacks, and that
if they went to work they tenon strike 'ganet them all ova
Lena) A black Ia a omit who goes in during • striks foe
loser ...pm I bars toen in many strikes—too many to
sun my porket.
Coos.-restained by Mr. Edwin lastese—l knew sothlog
of Bolj be. at Plymouth. I tir.t stipulated that I erasion:a
Do docoment. He did sot toll me • ward attest a doclarati.m.
I woo to be eng•io.l if Steed for the work. 1 drank with
Perfume and it d jibs. I cannot say I bad takes too mach ;
yes issues hire tuu mach of • good thine. Ido sot belong
to soy acuity. EDNA' went diva with toe to work on
Monday.

Mound.. Lquhl.rm—l was ow of the men who ame
sp with fb•tiohn, and Ise wee sated by won of our men if
to were requtred to sip any document, earl he geld we

TM. rived the me Se lb. pm...cellos.
Mr. Hien Jews than e-c to addraa tba c 'art for lb.
a; pellet, sea was left .pealtlng.