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

NEW PARLIAMENT.

MEMBERS RETUUNED.
Monmouthshire—Sir Charles Morgan, Lurd G. Somerset.
Ratliiiir—ltich. hire, Esq.
c —Lord Milton, and J. A. Stewart Wortley,
Esq.
Cheshire—D. Davenport, Eiq. and Wilbraham Eger-
ton, Esq.
Bedturdsbire—Marquis of Tav Work, and M. Pyln
Esq
D .
evon—SirT. 1), Arland, Bart .and E. I'. Bastard,
Preston—S. tiorrocks, Esq.. and E. ilornhy, Esq.
lladington (County )—nir J. Grant Stitt ie' Hart.
Westmoreland—Lord Lim tiler, Colonel Lowther.
tit. Michael—Wm. 'l. Money, Esq. Sir G. T. Staunton,
Bart.
Stith:lg.:hire—Sir Chas. Erhnonstone.
Pet th—James Urummund, Esq.
Aberdeenshire—James Ferensson, Esq.
Peehlts—sir James i‘lonteinnery.
Renfrewshire—John Maxwell, jun. Esq.
Giamorganshire.—Sir C. Cole.
Tanaiton.—.Alex. Baring, Eq. J. A. Warren, Esb•
SCO'CLAN D.

I..lliutt, Lockhart, Esq.
Elgiushitc.—Col, F• %V. GI ant.
IttELAND.

Carlow— (Co.)—Colontilis;:eii, Sir Ukases it orgh.
Clare—Sir Edward O'Brien, Right Hon. N'. Fitz-
gerald.
Closintell —H. RE Dawson, Eq.
Watyrford (County)—Lord G. liere‘foril, and R. Potter,
Eq.
.loath—Lord Bectiee, and Sir M. Snii;rmille.
ntetford (City)—sir John Newport.
Ito,r,—Johil Carroll Esq,
Tippperary (County)-I(ight Hon, W. Bagwell, Hon.
F. Fret tie.
Down (County)—Viseount Castlereagh, Lord Author
Hill.
Monaghan (County)—Chats. I'. Leslie, Eq. H. West-
aura, Eq.
Shp' (Comity) —E.g. Cooper, Eq.Chie.. 011;ira, Eq.
IVeaford (C ty)—Lord Stoptorii, 1.... r'.ireo, Es
Cm ) Lord Hal e.q.
ae.enis, Eq.
weexford—Wrii.
1)1,11cSUI.-.-Eill I Morititclia, General !Tat t.
Mayo.—Dounnek Brown Cq. lirewu, Esq.

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106

YORK ASSIZES.

TRIAL OF MR. HUNT, AND OTHERS.

NINTH DAY.
The major part of this day was occupied in the conti-
nuation of evidence, for the defendants, which did sun
nut differ from that we have already given—we therefore
omit it all except that of Robert Grundy, who 3LIIIOUII.
Ceti himself "an unwilling witness and a special
constable," and who appealed to the Judge whether he
could be forced to give evidence before he had his cx-
pences. His evidence was as follows :
Robert Grandy was next called; but before he pro-
ceeded, he belted to know from the Learned Judge
if he could demand his expenses. He was an unwilling
‘vitness ; Ice had been here for nine days and had receirt4

nothing.
The Judge said he had no power in a criminal cue to
&rect the payment of expenses.
Mr. Hitt said he would contribute his share. We
have a great number of witnesses, said he, and those who
can support themselves are the last paid.
Witness said he acquiesced, and was examined.--1
ant a woollen manufacturer. 1 reside in Salford. 1
at iended the meeting of the llith of August. 1 saw bOlile
of the processions going; to the mi.:tong. I went to the
1i Ad at half-past 11. I was a special constable on that
t.ccasion. 1 remained till about half-past one or two

Mr. Hunt here said, be so kind as to state what you
SAW, as I have no deposition. The witness proceeded-
-1 came to the field at half-past eleven, and remained till
Non (Mr. Hunt) came. I remained till the cavalry came.
1 saw the persons march up in procession. I was not
to the line of the special constables all the time. 1
sometimes was. I was about 15 or '2O yards from the
hustings. I cannot speak precisely as to distance. I
went to Mr. Buxton's house when the cavalry made
their appearance, and had partially dispersed the meeting.
The processioas came regularly with coloars and music.
They made no particular impressions on my mind at the
moment. They had no offensive weapons, neither
clubs nor staves shouldered like muskets. Some of them
had walking sticks, such a people usually carry to places
of public resort. 1 saw nu insult or violence offered to
any persons whatever. I was surrounded by a thick
multitude. The persons round me were aware that we
were special constables. Some of theconstables showed
their swves. 1 perceived no insult offered to them.
Examined by the Court—No opposition was made to
the cavalry on their advance. 1 saw nothing done to
intimidate the cavalry. They were neither hooted at,
hissed at, nor groaned at. They were received with
three cheers. 1 saw neither sticks, nor stones, nor
brickbats thrown at them, or thrown up in the air as
they passed. I did not keep my eye on the cavalry all
the time they were advancing. 1 endeavoured to get to
the extremity of the meeting, to the right of the meeting.
Examined by Mr. litint.—From what 1 saw of the
meeting, 1 was not all apprehensive of the safety of the
town, ur of any own person. I was not at all alarmed
.till I saw the cavalry, for this reason—that 1 had heard
the magistrates were not to interfere, directly or indi-
rectly, with the meeting. 1 felt no alarm at the result,
if they did not interfere. 1 saw the yeomanry come
up. I then endeavoured to get away, as did those about

Inc.
Mr. Hunt asked, if the winless was alarmed at the
military ?
The witness was not allowed to answer the question,
as the conduct of the meeting was alone under inquiry.
Cross-examined by Mr.Scarlett.—The special consta-
bles are generally persons of respectability. I have been
one fur two years. 1 obeli heard of drillings, before the
meeting; but I felt no alarm. The bodies marched in
regular order to the meeting. They came in sections.
by sections 1 mean a number of persons abreast. I saw
several bodies enter alter I came to the field. Trey
marched something like a tile of soldiers. 1 perceived
no leaders or conductors of the procession. I perceived
no person who had any marks of distinction like bits at
laurel. I think they marched like people that had been
drilled. I was not sufficiently near them to say whether
they were drilled. They marched in more regular order
than people usually observe in walking through the
streets. 1 certainly thought they would not have walked
in this way without some instruction. The Impression
mu my mind was, that they had received some instruc-
tions. As to drilling I know nothing. The numbers
asaembied 1 cannot tell, but I never saw such a meet-
ing. They marched peaceably along. W' hen they arrived
on the ground they got round the hustings as near as
they could. I was within 15 or 20 yards of the hus-
tings. I will give you my reason for being satisfied, and
not alarmed, as to the result ; it was because I had heard
that !he magistrates intended to let the meeting pass on
quietly.
The evidence for the defendants having closed, Mr.
Scarlett addressed the Jury at great length, and
Mr. Justice Bayley, alter a short pause, proceeded to
charge the jury. 'I hey had now, he said, at length
arrived at the end of this most important case, and it
became necessary for him to offer them !twit observa-
tions, in summing up, as the circumstances appeared
to him to demand. lie would, as accurately as be
could, lay down to them the law vi filch was applicable
to the case ; and he would make such remarks on the
evidence, as, in the discharge of his duty, he might
deem proper, in order to point out for their considera-
tion the grounds on which they were to proceed in
forming their judgment. lie would be as brief as pa,
Bible in adverting to both sides of the question. And,
in the first, he earnestly entreated of them to dismiss
entirely from their minds every feeling connected with
political or party question, and not to take hitoconside-
ration what the consequences of their verdict mignt be,
but merely to consider what verdict, according to the
evidence, they were bound to give. With respect to
Gbscreituous be should make to them on this sub-

1;lv

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THE NATIONAL REGISTER.

jest, was their duty to weigh them maturely,
.but not
to adopt them unless they met with their perfect con-
currence. Ile would, in this case, lay entirely out of
the question the conduct of the military and the magis-
trates. The great point for consideration was the con-
duct of the crowd on this occasion ; and as the acts of
the magistrates, of the military, and of the constables,
might create a prejudice in their minds, he had cann-
ot* sly abstained from suffering them to be investigated
orentertained in the course of the trial. The propriety
of the conduct of the individuals to whout he alluded,
..ould not then be discussed ; and the jury must not
suffer their minds, in any respect, to be mat:used by
the consideration how far their verdict would operate
either in favour of or in prejudice to the magistrates,
constables, ar military employed on the occasion in
question. It was with a view to prevent a prejudice of
that kind that he had, in the course of the trial (not,
he hoped. inconsistently with the situation he had),
desired the defendant not to put a question which, in
point of law, he was entitled to do. He saw the way
its which that question was propounded and embodied
in the case, and he perceived that it could not serve
the defendant. He therefore thought it was Isis duty
to prevent the question bei ig persevered in. For this
reason, and this reason only, he desired the defendant
not to press the question. 'lie was quite sure that, in
this case, as in all others, the Jury would give to the
defendants every fair credit, which, on a proper consi-
deration of the evidence, they might appear entitled to
receive. If the case justly admitted of doubt, they
would give to the defendants the benefit of that doubt,
and pronounce, with respect to them, a verdict of ac-
quittal. He hoped and trusted, and was indeed satis-
fied, that if the evidence imperiously called on them to
conic to a different conclusion, they would come boldly
and fearlessly, to that conclusion. His idea was, that
the inquiry should be conducted in such a way, as, if
possible, to give even the defendants themselves satisfac-
tion as to the mode in which it was carried on; so that,
if a verdict of guilty were recorded against them, they
might have an opportunity of saying that their trial was
an impartial one. After these very few preliminary
observations, be should proceed to point out to the Jury
the nature of the present indictment. It contained a
charge of conspiracy ; it contained a charge of unlawful
assembly; it contained a charge of riot. But, on the
subject of the charge of riot, he would not propound to
them any observations, because he conceived that the
consideration of the other charges alone remained for
theta. Tile circumstances of the conspiracy, as they
were stated in the indictment, were these :—lne indict-
ment set forth, "'Tat the defendants conspired to meet,
and to cause and procure other persons to meet, fur the
purpose of disturbinis the public peace, and the common
tranquillity of the King and realm." This was one
count; and it would be for the jury to say, whether any
conspiracy was made out, so as to authorize theta to find
a verdict of guilty. The count further charged, that the
defendants met together for the purpose of raising and
exciting discontent and disaffection in the minds of the
subjects of our Lord the King, and also to incite them
to contempt and hatred of the Government and consti-
tution as by law established. Therefore there were here
three heads of charge—lst, that of a seditious meeting,
to disturb the public peace; a 2cl purpose was to raise
and excite discontent and disaffection in the minds of the
subjects of the King; and the 3d purpose was to incite
the subjects of the King to contempt and hatred of the
Government and constitution of the realm as by law
established. The unlawful assembling was stated to he
with two different views; and if the existence of either
one or the other of those views were made out in evi-
dence, it would be sufficient to warrant a convictioo.
The first view charged was, that the defendants, by
themselves, and also with various other persons, unlaw-
fully, maliciously, and seditiously did assemble, for the
purpose of raising and exciting discontent and disaffec-
tion in the minds of the liege subjects of the King; and,
Yd, with a view to excite contempt and hatred of the
Government and constitution, as by law established.
Therefore, the meeting, which in the first instance was
charged as a conspiracy to disturb the public peace was,
in the next place, described to he 311 assembling for the
specific purposes which he had stated. Another coma
set forth, " That the defendants met and assembled,
together with divers others, to a t cry great number, in a
threatening and menacing manner, with sticks and other
offensive weapons, and with divers seditious ensigns and
Hags on whien there were itifilitimatoty inserilaionsand
devices, to the great terror of the peaceable subjects of
our Lord the. King." One of the purposes, therefore, to
effect which they were charged with unlawfully assem-
bling, was to excite discontent and disaffection in the
minds of his Majesty's subjects ; and ',2,11y, they were
charged with meeting in a ineoacing manlier, and in
military array, in order to effect that illegal object. On
the subject of unlawful assemblies, he would quote what
Mr. Serjeant Hawkins, perhaps the best writer on the
question, stated as necessarily constitutinzan unlawful
assembly. lie said. " any meeting whatever, of a great
number of people, with such circumstances of terror as
cannot hut endanger the public peace, and raise fears amid
jealousies among the King's subjects, seems properly to
be called an unlawful assembly : where, for instance,
those great numbers having, some grievance to complain
of, met together, armed, for the purpose of discussing the
best way of rioding themselves of that grievance , be-
cause, tinder these circumstances, no one can say what
may be the event of such a meeting." Mr. Sergeant
Hawkins's opinion, then, was, " that a great number
of people, meeting under such circumstances as cannot
but endanger the public peace, and raise fears and jea-
lousies among the King's subjects, was an unlawful
assembly." And he adduced, as an exemplification of
Isis opinion, " persons meeting together armed, in a
warlike ntanner." "'hat, however, was not essentially
necessary to constitute all UllidWfUl as..enibly. Taking
all the circumstances together, it a meeting " endan-
gered the public peace, and tended " to raise fears and
pialtsusies among hisAlajesty's subjects," it was an uulaw-