The National Register.
London, England, 1820-04-16 00:00:00

1.2

CHESHIRE SPRING ASSIZES.
-410.-
140NDAY, APRIL 10.

SENTENCE OF MAGINNIS AND BRUCE.
At the sitting of the Court, Jacob Maginnis and
James George Bruce were brought up to receive
judgment,
On the prisoners being asked what they had to say
why sentence of death should not be pronounced upon
them. Magnetic said, my Lord, this inan (Bruce) is in-
nocent : I am time man who shot Birch : but though I
shot Birch, there is not a man who came against me but
swore faktly. Birch himself savor,: falsely, and Pearson
swore falsely. I repeat, that lam the ntati who shot
Birch, and 1 can give your Lordship several reasons for
it; but no man knew of my shooting Birch except
myself.
Bruce—Your Lordship has said that the innocent
man has nothing to fear. I say now, as I have said
before, I am not afraid of the sentence which you are
about to pronounce upon roe. 1 can face my God, and
wish a clear conscience ; for I ant innocent of the c r
laid to my charge. lam ready to die , but if I die, I
die innocent. 1 shall not be affected by your sentence,
my Lord ; it is the law, and I will submit, I must
submit, to it. But 1 shall appear with confidence and
composure before my God; and my sentiments will be
found the same at the hour of my death, if I am to die.
The Chief Justice then addressed the prisoners at con-
siderable length, and concluded by saying—" the sen-
tence upon your crime is death ; and it is the firm deter-
mination of the Judges of this Court that your sentence
Iklaginnis, shall be carried into execution on Saturday
next—a period more early than is usual. Prisoners,
von have not long to live : the period of your days is
fixed; and I would entreat of vou to pass the small re-
;minder of your time in humble prayer to the Great
Disposer of all things. to whom alone you can now
look for pardon. In this world the hopes of both are
closed. The sentence of the Court upon you both is,
that you be taken from hence to the place from whence
you came, and from thence to the place of execution,
where you be hanged by the neck until you are dead ;
and the Lord have mercy on yoin souls:
Maginnis.—Thank you, my. Lord.
The prisoners appeared quite unmoved by the sen-
tence pronounced upon them. Bruce spoke and con-
ducted himself altogether with the most perfect compo-
sure. His language and manner were elegant.
TRIAL OF SIR CHARLES WOLSELY, HART. AND
OF JOSEPH HARRISON, FOR SEDITION.
The Court was excessively crowded at an early hour,
with the expectation of hearing this trial. Mr. Pear-
son, of the Oxford circuit, attended to conduct Sir
Charles Wolsely's defence, Mr. Park of the northern
circuit was with hint. Mr. Deunison of Liverpool, was
his attorney. Sir Charles, who had arrived here on Sa-
turday night, attended early in Court. After some fe-
lonies had been tried, the case was called about eleven
o'clock, and eight gentlemen of the special jury mi-
aowed to their names.
Mr. Benyon, Attorney-General for Chester, prayed
a tilts; and four common jurors, were sworn, to com-
plete a jury.
Mr. Lloyd stated the indictment to be against Sir
Charles Wolsely, Bart., and Joseph Harrison, school-
master, on two grounds. The first count charged that
they had excited to tumult and insurrection, by holding
a numerous meeting on the 48th of July, and addressing
seditious words to them, calculated to bring the govern-
ment into hatred and contempt. The second count
charged that they had agreed together to stir up the peo-
ple to tumult and insurrection, and to excite hatred and
contempt against the government.
Mr. Benyon then rose to address the Jury on the part
of the prosecution, and had proceeded for some time,
when
Mr. Pearson (Counsel for Sir Charles Wolseky) re-
quested that all witnesses might be ordered to quit the
Courtt
The Chief Justice.—Let the witnesses on both sides
leave the Court ; and let notice be given that no witness
who remains shall be permitted to give evidence.
Proclamation to that effect was made.
Mr. Benyon continued, and in the course of a very
long speech took a general review of all these occur-
rences which it was meant to prove in evidence.
The first witness called was
Johu Kenyon Wititerbottom, examined by Sergeant
Cross, said he was a solicitor in Stockport. He saw a
public meeting in the town of Stockport, between one
and two o'clock on the 28th of July last. He attended
in a building (a Sunday-school), near the meeting. The
place is called Sandy Brow. He should think there were
4,000 or 5,000 assembled. He was not so near as to
observe whether they were strangers or inhabitants.
They were quiet at first. Most of went had sticks, which
appeared to have been newly cut from hedges. They
were not walking-sticks. The population is upwards of
2,000. There were hustings or a acafliild. Several per-
sons were on the scaffold. Sir Charles was pointed out
to him as one: he knew Mr. Harrison, and saw him
there. Mr. Hariaors taught a school there. Sir Charles
had no connexion that he knew with Stockport. The
first thing lie observed was a hissing by the wi Ile mul-
titude. The neat thing he observed was Passing sonic
resolutione. There was a chairman, lie believed Sir
Charles Wolseky. He should think they hail some
persons of common sense in Stockport who could act as
chairmen ; that there was no iiecestity for sending for
Sir Charles: he heard all distinctly; he only heard Sir
Charles say unaiiiitions," on passing the resolutions;
he was in an upper-room, about leo yards from the
scaffold. The people held up their Welds; lie saw them
bold up their sticks, and coojecitired it was on account
of the noise wade by playing on an organ. He was
there to see, not take a part; he saw no respectable in-
habitant of Stockport among thew; at the time lie did
feel perfectly secure, and entertained no apprehension
for peace or property. Ile continued to feel that con-

THE NATIONAL REGISTER.

fidence throughout the day. He conceived that if they
continued together till ii;glit, it would he daugerotts.
Ile heard Harrison say, " The "loose of Commons was
the people's servants; that it was as absurd to petition
them as it would be for a master to petition his groom
for his horse. lie said that there ‘l'ss a barrier between
the throne and the people, which moat he removed either
by force from heaven or hell, in miler that they might
see whether a man it a pig was upon the thnme." He
thought there was laughter. The expression of derision
was general. Ilarrimni said, " The •ed will of the
people was sure to prevail. It was all axiom that could
tint he confuted. It might be necessary in some
cases
.11 pelllloll the House of Lords, who were, by :he •:ott-
-Mutton, placed in a different situation to the House of
Common,'; but in the present corrupt state of things it
was useless. and he would not recommend it." lie did
not remember any thing else. The discourse was cer-
tainly received with applause. Sir Charles ‘Volseley
was on the state stage, not two yards from Harrison.
Cross-examitted by Mr. Pearson.—He was perhaps
less, perhaps inure than 100 yards distant. There were
women, about 11$) or 200. Perhaps there were children,
he did not see any. He woald not say that there were
not many children playing on the side on which he was.
When lie spoke of sucks he meant that the whole
meeting had sticks. The sticks were head up only once
He could not take upon himself to say. looking at a
meeting of b,OOO persons, what proportion held up
sticks. He lived with his lather and eister. They bad
not been removed from the town on that day; no old
or feeble person had been removed ; no shop had been
shut, no alarm was expressed. The organ was in the
room in which he was. lie did not know that a chair-
man had been sent for. He had not a remarkable me-
mory; he was not accustomed to attend meetings. His
attention was not particularly called to Mr. Harrison.—
He heard him very distinctly.
Here Mr. Pearson read a speech of Harrison's from
a newspaper, and asked the witness to repeat it after
him.
Mr. Seegeant Marshall said, that it was not proper to
read that.
Mr. Pearson said he would have taken any other
piece of writing as soots. His object was to try the wit.
ness's memory.
Witness said, he could not repeat it. Hesaw nothing
in the laugh to distinguish it as derision. • He heard all
the speakers, but none of them distinctly, except Mr.
Harrison.
Cross-examined by Mr. Harrison-a-He took notes on
that day ; he had not got them now. The expression
inclis.inctlv. applied to others; he heard Mr. Harrison
distinctly. •Mr. Harrison was one of the whole—a pro-
animist one, he had heard enough; He• had thought
Mr. Harrison spoke 'figuratiVely.'but did not understand
his figures He thought the word pig was mentioned
to excite contempt of the throne and King.' He had
read in a.quotation that Mr: Burke had called the people
I the swinish multitude. He had heard that a teacher in
that school had said to the poor boys, if they attempted
to be rich, they would ride in their coaches like pigs.
! • Re-examinee"—Willan, Lewis, Fitton, and Knight,
were there, none of them inhabitants of Stockport.
Thomas Bolton examined by Mr. Ashworth.—Lived
in Stockport. He saw numbers of country people
come into the town on the 48th ofJulg. He was lately
from London ; he had been 11 months. in Stockport.
He thought those that passed his house 'Were country
people. They. had nothing more thah usual. Some
had walking sucks, and were walking with them. He
was at the meeting. He had before seen Sir Charles
Wolseley go up John-street directly towards Sandy
Brow. A young gentleman named Lewis walked arm
in arm with him. He saw a flag at the meeting ; on
one side was "no corn hill," 011 the other" utineraal
suffrage, and vote by ballot." He had seen it first furled,
and when Sir Charles arrived it was lowered. He was
first 30 yards from the hustings, and he then got within
ten yards. He knew the Rev. Mr. Harrison, Wilan,
Fitton, Knight, and Johnson, whom hr saw On the
hustings with Sir Charles Wolseley ; Hatrison at one
time stood next to Sir Charles. Both appeared to bear
part in a conversation that was going on. Sir Chat les
on his arrival was received with loud huzzas. Great
numbers of the people were townsmen : he saw moms!
sticks : they were not more numerous about the hust-
ings than he should have expected. He stood 211101114111
the crowd, and gained high ground when lie could
He saw Ito chair. The first attention he paitl was to
Sir Charles Wolseley ;he heard what he said. He made
a minute about an hour after, and could suite tha.
Sir Charles had said what he had there noted. He was
allowed to read it. "He was happy in addressing the
people of Stockport from Sandy Brow; it was a place con-
secrated to liberty by the absence of friends he would be
happy to meet there; and he trusted Sandy Brow would
be more famed in history than the field of Waterloo.
Was there a peace.officer present, lie trusted tiny came
to keep the peace, and not to break it. But was there
any of your spies, your note-taking or black-bobk gentry,
tell your employers, the tools of a Castlereagh and Sid-
mouth, that 1 hate them, that 1 detest them—that 1
eternally execrate them. He was proud to say, that lie
was at the taking of the Bastile its France—he should
he happy to be at the taking of a Rastas in England."
(11e saw nothing but the action of speaking with force
and energy.) " And were all hearts but as firm in the
cause as his own, they would soon :put an end to the
present tyranny and corruption." He heard Mr. 11 o-
rison, but took no note of it, and now recollected no-
thing of it. Before he had gone to the meeting be saw
► man taken to a druggist's shop with his head very con-
siderably broken—blood Howimi down his cheeks.
Cross-examined by Nit. Park.—The 111311 had been
wounded before Sir Charles came to the meeting. 11.•
was a cottutt-broker. He felt not the least alarm. He
remained at the Meeting two limns. The meeting dis-
persed quietly. He had put down only a aniall part of
his speech.' It was not all tittered in the same continu•
ous part. His addrers was generally to the people to be

peaceable. At the • the cap of liberty was put on
use flog, Sir Charles turned round, and said something
he did not hear. 'lucre was a demur. The cap was
then hoisted.
T• as Welsh, a clerk to Mr. Harrop, in Manches-
ter was tin yards from the hustings, and heard Harrison
read a letter. lie made a few notes in the evening on
his retina hoot?: the paper he now held was not the
saute. He had written loose notes, which he had
embodied in this paper, and then destroyed.
Mr. Pearson objected to this paper, as not purporting
to be even a copy of the notes. His memory might
as well be refreshed by any newspaper of the time.
Mr. Park .irgued the same objection.
Witness, in answer to the Court, said this paper had
been written a month after the meeting.
Mr. Bei.yon contended that the paper was admissible
to refresh Ins memory, but declined to press W.
The Chief Justice said, it was the same as if a note
had been made a month after the occasion.
Mr. Sergeant Marshall thought it dangerous to allow
this paper.
Witness desired to trust entirely to his recollection -
said that Mr. Harrison had read from s letter that the
Deity had intended man for happiness, and provided a
sufficiency of all good things to make him so; but as the
majority of that meeting was extremely unhappy
and miserable, and rendered so by their rulers, the
inten • of tile Deity had been frustrated, and
rebellion against government became almost a day.
—Sir Charles arrived while Mr. Harrison was reading,
who then ceased. Sir Charles was proposed to the chair,
he thought by Mr. Harrison. He believed they shook
hands. Sir Charles thanked them for the honour done
him; he was no orator, bitt a determined friend of the .
people, and a friend to annual parliainents and universal
suflrage, and if any spies or informers were hearing him,
let them tell their Castlereaghs and Sidniouths, and the
others who employed them, that he abhorred and ex-
ecrated them and their proceedings. There was much
Applause. Sir Charles read lime reaulutions, and put them
) the meeting.
All the resolUtions were agreed to. Sir Charles after-
yards said, that he was a most determined grime of the
eople, end should remain so while there was a drop of
Mood in his heart; his political career had commenced
is France, and he was one of the first who mounted the
amparts it the taking of the Beside in that country.
nd he would nut shrink from attacking the Bastiles in
his country.
Cross-examined by Mr.Park.—The meeting dispersed
dietly at four o'clock. He was at the meeting quite
nilisturbed all the time. He would have thought it
SOI 'Amine to carry the sticks; they might have thought
tfierWise. He felt no alarm. He was sent to watch
4w meeting by Mr. Harrop, publisher of a newspaper
i Manchester. ,
Edward Shasycroft examined by Lloyd.-:-Was at
tockport oft the 28th. July, and at the meeting. As
ii as he arrived on the ground, Conies, a police-
Ificer, was knocked dovin. The said he was a spy,
o
t ley would do all the rest so. Sir Charles Wolseley said
tie *began his military career—(he was not sure of " mi-
litary," but he said some career. He took notes, but
are them up to a person in M omitesier, who could not
find them.) Sir Cliarless said, he had beens: at the taking
cif the Bastile in Fr lice. and he hoped soon to be at
taking the &nodes in sins country.
Cfll:3:MX.ittitied by Mt. Pearson.—He was there as-
sisting his father, who was clerk to the police. He
0 Aht military, warlike, or martial, was the word
itsed, of to mat Oleo.
Several other witness, a were examined, but their eetvs
deuce was purely confirmatory of the lona g. The
cos: for the ',nave • having closed, Mr. Pearson ad-
dressed the Jury for more than two hours in behalf of
Sir Charles Wolseley, alter which Mr. Harrison rose in
his own defence ; he begin by begging the patient hear-
ing of ilie Jury di l g his address, which he stated would
probably occupy many hours. This patience he drew
larativ upon, for he proceeded in a way that was OP-
preceilented ; tie read and commented on the charge to
McGraw! Jury ; he read Jeremy Bentham's " Remarks
on the liiiactitient against Sir Charles Wolseley and
Mr. Ilartison"—be alluded to an article in sonic
Review, which he said was written by Mr. Brougham,
and declared that Bentham bad proved that the Jury
could nut find them guilty without violating their oaths.
He &chord callina witnesses.
Witnesses were then called on the part of Sir Charles
Wolseley.
Jeremiah Garnett was reporter to " Wheeler's Man...
clirster Chronicle" at the time of the Stockport meeting.
This is called a ministerial paper. Attended to report
the proceedings there. Has no doubt 3,000 persons were
present. There was one circumstance which alarmed
him about the meeting ; a person in the employ of Mr.
Nacho wa• knocked demo ; that was before Sir Charles
Wolseley came. He felt Ili) other alarm.
Did yon hear the words from Sir Charles Wolsi ley,
" thine your strength, for in a few weeks the struggle will
be made and ended ?
I did nut.
A:toss-examined—Now belongs to a 'De West Riding
Chronicle ;" that is a ministerial paper. .
Robert Thomas Hanipson attended the Stockport meet-
ing is,. a reporter for Wardle's " Manchester Observer ;"
lock notes of what passed 'loin she beginning to the end;
was ult she Misting. ; felt no alarm hum what he saw ;
mere was no Amin in Stockport; heard Sir Charles
W"lseleY address the people to keep the peace ; he smile
police officers lie said he had known police of
break the peace instead of keeping it, and. desired the to
to keep the prime. Did not hear Sir C. W olseley s. y,
11141 in a few weeks the struggle would he made si d
ended; though probably would have heard it if it Ind
been said.
, (.runs examined.—The account in The Mirech,eler Ch-
server was given by witness i remembered has I iimi Amyl, I
it was as foolish 10 petition site Ilenve of ( iiiiiiii ititiii, &skit a
master were to go down upon his knees to Mimeo( his me-
nial servant to do that duty fur whirls he was engaged sod
paid. Thinks Harrison said something like—" to petitios