The National Register.
London, England, 1820-03-27 00:00:00

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Trial of .3fr. !lune einstMued from Page Un.)

the obsersations lie should 'wake lit them on this sub-
ject, it was their duty to weigh them maturely, but not
10 adopt them titilr-;s they wet with their perfect con-
currence. He would, in this ease, lay entirely not of
ow question Int• ct,iiduct of the militaly and, the megis-
erates. Toe great is Hutt for consideration was the con-
duct of the mood tut this occasion ; and as the acts Of
the magistrates, of the military, and of the constables,
no.glit create a prejudice in their tanitels, he had cauti-
on sly abstained fruit* suff.tring them to be ins estigated
or eon pained hi the course of the trial. The propriety
of the cooduct of the has iduals in whom he alluded,
could
suffer their minds, in any respect, to be Aiwa' eel by
tare moist irraf luny far their verdict would eye ate
tether it* fasour or or in prejudice to the magistrates,
consiabl- a, ar military empltoyed on the occasion in
question. It was with a clew to prevent a prejudice of
teat ktottl that rte bail, in the course of the trial (not,
he 1101wil, tieconAsirnily with the situation he Lad),
ourrd the defendant not to put a question which,
point of Lew, he Was to do. He saw the way
to which that ellic.lloll WWI propottioled and einbodied
its the caw, and lie picture' that it could not serve
the defeitelant. Ile therefore thought it was his duty
to present tile qiiesti )))) lei i persevered in. For this
and this reason only, lie desired the defendant
out to pits the question. Be was quite sure that, in
tots c.,e, as in all toners, tic Jury would rite to the
detelitianta esery lair credit, which, ou a moiler cotisi-
aeration of the cc 'dance, they might appear entitled to
-receive. It :the. ease justly admitted of doubt, they
would give to the defendants • iii befit of that doubt,
and pronounce, with respect in them, a verdict of ac-
qoittal. Ile uui et and triteed, and was indeed sans-
. bed, that if the evidefire imperiously called on the in to
(Nome to a different couchision, they would come boldly
and fearlessly, to that conclusion. His idea was, that
ten: liquify should I e conducted in such a way, as, if
possible, to give even ilie defendants themselves *mishit:-
now as to the mode w hien it was carried on; so titan,
if a ver-ici of guilty were recorded against them, titey
might nate Lill oppottunity of saying that their trial was
an impartial one. Ai'trr th -se very. few preliminary
onserv.ittoos, lie should proceed to point rent to the Jury
the nature of tie present iodic-intent. It contained a
coarge of cou,pirary ; it contained a charge of tiolawful
assetunly ; it tow oiled a charge of riot. Hot, eat the
se:iecl to tie charge of riot, ha would not propoond !rt
them any oft,treations, because lie conceived that the
conseleratiem of the oilier charges alone remained for
tn.-n. Tile circumstances of the conspiracy, as they
were stated in the halo:intent, Were Ihe,e :—The indict-
s:wilt set fin th, "That the elek:ndatita conspired to nivel,
and LO can se aod procure other periling to meet, lor the
pitipose i.fdisulrbiu the public peace,aell thee° ttttt ion
trenspolloy of the King and realm." 'lids was one
count; awl it would he tOr the jury to say, whether ally
einispuracy was Iliad, Mil, so as to all(110lizt: them to tied
a seithet of guilty. The- as further charged, that the
eie.entlafits tit t tom:tiler for the purpose of ratsilig acid
exciting dist-omen; and disaffection lei the minds of the
sotto-els of our I.orel the King, and also to incise them
to contempt and Barred of the Government and consti-
tution as by 1.. W established. Theretinet there es ere here
three heads 01 citarge—lst, that of a seditieus meeting,
to disturb the public peace; a 2el purpose Was to rate
mod excite deco lent and disaffection in the towels of the
sot j, cis of Ole Kiliti;! atiti the 3d purpose was to Illeite
the subjects of the hitiA to cotitempt and hatred of the
Guyer ttttt ent and consttution of the realm as by !aw
. established. The unitisefnl assembling was statcu to be
Willi two different views; and if the existence of either
oue or the oilier of those views were made out in evi-
dence, it would be sufficient to warrant a conviction.
Tor first stew citaneed Was, that the defendants, by
them-Ages, awl alt-o with various other orisons, unlaw-
fully, wanuwusly, auel seelt tously did assemble, for the
purpose of raising and exciting discontent attei disattec
non ni thetnintis of the liege sobjeets of the King.; and,
lit, with a view to excite contempt and haired of the
Goner it atod coostitution, as by law established
'J'hereiore, the meeting, winch ill the first insiaiire was
en.irit,ed as a cousintaey to distort. the public peace eves,
ill the next place, desernwil to be an assembling i'.r mite
sot ethic purposes whims he had stated. Another count
11Wl hal h, " lisat use titre ortanti rut alill .n1.111614:0,
Augt.thrf with thieri ettirris, to a %cry ;treat uutnue r, in a
tureatehing tiled tileitaeing noon err, wars sitcks atid WWI
olfri,slee w: polo, dll:1 With d•vris seditious Ain
11,itLS on .whicti hit re were ititlaunnatory tool
devices, 10 tic areal terror of toe le ..ceable stoijects lei
-um Lord the King." Oile of the purposes, therefore, to
tilect witocit they were chanted with unlawfulfy asseiti-
,Jst ag, was tU excite disconieut and di. lect in tile
stoma of his lajesty's stiloj -ets; awl 2diy, they were
surged with meeting in a isteloach.g manner, and in
military array, in order to effect mat il:egal object. Oto
the suited 01 unlawful assemblies, he would quote
SeriCallt Hawkins,prrietps the beet writer on the
griebliolll, sated as ite,essarily cunstittitinA an tioiret tell
assembly. foe said, 6* any isieeitog wit-Amer, of a great
&homier of people, with melt circ ttttt stances of terror as
al.' not but catilatikwir the public peace, and rase fears and
jeamostes assent% the King's su jeClf, scents properly to
b eroded all 11411JY/fill : %Viten', for ilatleOlCe,
I:lose great hers oar tog a,,itte arleeirov:e to complain
of, MA .01 hAlllo4l,c 0. ettse„s,olog the
IVdy let rlsololot es 01 Ili.tt grievance, iw-
4.ihicr li.eae eiittorrsiai.et s, uurole Site
W ill
1114% tit ,tie virill U. MACH a 1111V.11446" Air. Serio..aot
11 Gio.ittot, tfh 11, was, " unit a areal number
UI p.tip.e, met .1415 too .1f stir it elftUlll%lilllCti, as cannot
loot einuniger the public peace, and lalce leafs
aut..us the how's stitjems, wits lilt uuhawlihl
asseotimy." ilotto ow a liu4Celi, as Lill tliellipl•tieatitill 0:
lIH owe,tun, fe swemig togtillVf armed, a
Thal, I, n4llllOl tbliCtilido)
tv•arkke ',Ammer."
neettssart, tr. cnu,liunc ah
&II We. .c,o;traisursoxt, ti a itscsostil " tudase•