The National Register.
London, England, 1820-04-02 00:00:00

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properly met,) those I 4 might be Ibund guilty of illegally
assembling, though there was no previous cousin.
racy. In deciding this case, they would take all the
attending circumstances into consideration. One of
these circumstances was, the appearance of the parties
as if they had been drilled. N%'ith respect to banners,
bearing inscriptions, their illegality did not extend to
every man present at the meeting, but only to those
particular persons who adopted those banners, and the
sentiments inscribed on them; or who, with a full
knowledge of their existence, gave perfect confidence
and co-operation to the meeting. So also in the case of
drilling. It could only affect those who knew that
drilling was practised for illegal purposes. If he knew
that persons were drilled, for the purpose of overawing
his Majesty's subjects, and bearing arms, and he attend-
ed a meeting of that kind, and gave it his confidence,
then he was guilty of attending illegally. But, if on
the other hand, he was present at a drill-meeting, not
being aware it was met for illegal purposes, the law
considered him innocent, because he was not privy to
the fact which alone constituted the thing illegal. As
to the point, whether a specific assembly was likely to
produce terror, future or immediate, the fact might be
proved in two ways—by showitg, on the one hand,
that terror was actually produced, or oil the other, by
proving the absence of all terror. To show whether ter-
ror was or was not produced, he would state the testi-
mony on both sides in this case. They would find in
the evidence on the part of the prosecution, a great
deal which imported that no apprehension of immedi-
ate danger existed; and the circumstance of women
and children being present would be worthy of their
consideration in that respect. An attempt to keep
peace at the meeting was admitted. But this might
have been done in order to forward future objects. It
might have been hoped, that, by this means, the pre-
pared seed would be sown, while those who pursued
this course would wait till the aline of harvest to reap
the benefit of it. Having made these observations,
which he deemed it necessary to do, in order to enable
them to arrive at a correct conclusion, and at a proper
understanding of the evidence, he would now point out
to them what the nature of that evidence was.
The Learned Judge then proceeded to recapitulate
the voluminous evidence adduced in the course of this •
interesting trial, briefly commenting nn it as he went on.
He observed, that a meeting of 60,000 persons, if they •
all came to a certain point, with the common know- •
ledge of what was to he done, might create terror.—
With respect to the banners, he again observed, that
those only who showed that they were favourable to
any motto inscribed on them, by carrying, or imme-
diately marching under them, could be considered as
liable to any penalty which the illegal nature of any of
their inscriptions might warrant. It was given, he,
observed, in evidence, that Moorhouse was a religious
nun, and constantly read the Bible to his familya—a fact
stated to induce the inference that he would not be
guilty of an illegal or immoral act. It was also stared,
that Mrs. Moorhouse, though in the family way, went
through the crowd ; and it was not likely, if danger had
been apprehended, that her husband wouid have per-
mitted her to attend. With respect to persons walking
in the military step, to which several witnesses had
sworn, it could not aftect the persons charged, tnless
they were proved to have been cognizant of the fact.—
With respect to the inscription " Equal representation
or death,' if it meant that those who adhered to such
a standard would lose their Ines unless they procured
what they deemed " equal representation," it amounted
to sedition ; but if, as Mr. Hunt explained it, the
inscription merely meant, that if the people did nut
procure " equal representation" they would be starved
o death, it would not come within the character of
sedition. Again, the inscription of " No Corn Laws"
left the Jury to consider whether the meaning, of it
was, that the corn laws were so oppressive, that every
means, legal or illegal, were to be taken, in order to get
rid of them ; or whether it was a mtne expression of
disapprobratuni. In the former case It would certainly
be sedition, in the latter it would ion. As to the cap of
liberty, it was one of the insignia of the crown; and
when the King went to Parliactieut, au officer of state
always bore it before him. It did nut, therefore, of ne-
cessity, mean any thing seditious. W lit respect to any
stoppage of business occasioned by the meetinc, it was
positively sworn by a great mass of es idetice for the de-
fendants, that it was not at all interrupted; atid, cu-
t:Mlle, if any interruption of business had taken place, in
a grCat town like Manchester, it would hate been easy
to have called evidence to that fact.
When his Lordship had come to the testimont of
t had seirk, reading the evidence at length, Mr. Scar lett
suggested that, it' all parties world airree, the reading of
the evidence might be very much abridged.
All the parties agreed.
His Lordship then said he would read the evidence,
and if he minted any thing material lie Legged n might
be suggested, and he would read it.
Bamford-1 leave it entirely to your Lordship's judg-
anent. You have had a great deal of trouble.
Mr. Justice Bayley.—l grudge no trouble ; you have
a right to my services. Ills Lordship then continued to
sum up. He said, the phrase sworn to by one of the
witnesses, as hating been iisel by a person going to the
meeting, ;tamely," That they would make a Moscow
of Manchester," seemed to be inconsistent with the
general intAition expressed by the Reformers on that
day,
The learned Judge contimied his observations on the
evidence till eiant o'clock, when he adjourned the
Court mail Monday minium, having tint, in cumplis
ance with the request of Mr. Hunt, enjtnned the July to
bstain from reading the newspapers, or conversation oil
the subject tit the trial.
There. was every reason to believe that Mr. Entwistle
was mistake', in the expression of Mr. limit about their
enemies, as applied to the soldiers. NVhir regard to the
shout set up when the military appeared, it might be a
shout of consciousness of innocence, and a &termini/.

Lion to remain on that consciousness, or it might be
the shout of intimidation. Its nature was to be deter-
mined by the circumstances in which it was uttered.—
There was no other witness that spoke to threatening
expressions but Mr. Francis Phillips. The multitude
round the hustings appeared to this witness disciplined
troops, ready to protect Hunt in case of any molestation.
If he had a false impression in this case he might in
another, and there seemed to be no evidence that the
multitude were ready to fight, as the majority of them
had no arms, the most of them being even n ithout sticks.
When his Lordship came to that part of the evidence
for the Crown which was given by Mr. Holton, he
observed that no doubt could be entertained of the great
respectability of that gentleman. It was, however, to
be considered, that he was not in that situation which
enabled him to observe so accurately what passed as
many of those whose evidence negatived the throwing
of sticks, stones, and brick-bats. He thought it pro-
bable that a magistrate, knowing the great responsibility
intrusted to him, and that drillings had been cal rying
on, and that it was his imperious duty called him to act
upon sudden zusergency—he thought it probable that a
man so placed union he agitated, and not cool during
the time he was considering that he might become
highly criminal if he suffered inch proceedings to go to
such length as to endanger the peace of the town.—
That witness stated the depositions respecting the alarm
of the inhabitants; but here those depositions, if there
were a million of them, could be of no avail; for the
jury were bound alone to attend to viva roce.evidence
given in open Court. Nadir's statement to Mr. Holton
might justify the latter in issuing the warrant; but then
the Court and jury were placed in a similar situation of
difficulty respecting the necessity of Nadir's application
in the first instance, in consequence of that person's not
being produced in the witness box. He believed Mr.
Holton to be a respectable Mall, who would not mislead
them , but he must say, that such important evidence
as lie had given ought not to be permitted to want that
corroboration which it might have had front his brother
magistrates who were in the room with him, and from
Nadia the constable. It was due to the defendants to
urge this want of corroborative evidence on such im-
portant facts; and if the omission were calculated to
raise a doubt in the minds of the jury, the defendants
were most certainly entitled to the benefit of that. It
was not snpposed that Mr. Holton stated any thing
which he did not believe to be true; but sitting there, as
he was, to ad 11l i l lister equal justice to all, he was bound
to tell the jury, that though great part of what took
place occurred m the presence of several of his brother
magistrates, not one of whom had been called to speak
to the same facts that Mr. Holton had sworn to, It
would not do to say that they had been in attendance;
the fact was, they had not been called.
The Learned Judge having proceeded through the
evidence given on the first three days, and the hour
having arrived at which the Court usually adjourned,
said to the Jury, that he would desist and adjourn the
Court if he fatigued them. No answer being returned,
he continued for another hour, when an intimation was
given, that as the business could not terminate to-day, it
I might be as convenient to adjourn now (at half-past
seven). This was assented to by the Learned Judge,
and the Court was adjourned till Monday, at nine
k, Mr. Hunt, before the Court broke tip, intimated
a wish to the Jury that they would in the interval ab-
stain from conversing with others on the subject of this
trial, and accordingly from reading the newspaperse
which had been filled with lihels on him during the
• last week. His Lordship would express a confidenc,
that the Jury would attend to the wish now expressed!
hut, it' Mr. Hunt was anxious to secure it under the
sanction of an oath, he would put the book into their
hands, and swear them on both points. Hunt thought
this unnecessary. After what had fallen from his Lord-
ship, he was sure they would attend to his directions.—
The Court then adjourned till Monday at nine o clock.