The Sun.
London, England, 1839-08-06 00:00:00

LONDON, TUESDAY, AUGUST 6, 1839.

BILLERICAY UNION.--The Guardians
of this Union are desirous of receiving TENDERS
forthe ERECTION of an UNION WORKHOUSE, the
Plan and Specifications for which may be seen at the Offices of
Messrs. Scott and Moffatt, Spring-gardens, London, from the
sth to the 17th of August next.
The Tenders (which must include the whole of the work
and materials) to be sent, free, to my Office, at Billericay, on or
before the 20th of August. The party or parties whose Ter.
der is accepted, will be required to enter into a bond, with
sufficient Sureties for the due performance of the Contract.
JAMES V. PENFOLD, Clerk of the Board.
Billericay, July 26, 1839-
-

AN Opportunity is now offered to those who
have a taste for the FINE ARTS, of rare occurrence—
that of PURCHASING some WORKS, of the BEST MAS-
TERS, in their Original State, the present Owner having had
them in his possession several years. Among them will be found a
Claude, an old Portrait of Shakspeare, by C. Janson, and others
of high repute ; a Copy of Macklin's Bible, 7 vols., the Copy-
right of a curious Biblical Work, and some curious Manuscripts
and Books. To be seen for a short time (the Owner being
about to leave England) at 30, College-street, Chelsea.

HOUSES, &e., to be LET, by JACKSON
and CO., in various situations, in the following Trades,
and many others :—Tea, Coffee, Chop, and Eating Houses ;
Public Houses ;. Beer Houses ; Brewery ; Bakei s ; Tobacco-
nists ; Grocers ; General Dealers ; Green Grocers ; Coal and
Potato Dealers ; Oil, Colour, and Italian Business ; Cow-
keepers, Dairy, and. Milkwalk; ; Private Houses ; Lodging
Fiquses, &c'
Particulars may be had at the Offices of Messrs. Jackson and
Co., Auctioneers, 26, Brydges-street, Covent-garden.
N.B. Letters to be paid.

BY SPECIAL APPOINTMENT.
,SWAIN and CO., TAILORS, &c., to HER
MAJESTY the QUEEN, 92, Fleet-street.

. .
Suit of Olive £4 10
Ditto of Blue and Black 5 5
Ditto of Imperial Saxon 6 6
Pair of Summer Trowsers from
Summer Waistcoats from ..

TO INVENTORS, PATENTEES, AND PATRONS OF
THE ARTS.
THE INVENTORS' ADVOCATE, and
PATENTEES' RECORDER; a Weekly British and
Foreign Miscellany of Inventions, Discoveries, and the Fine
Arts (No. 1., price Bd. stamped) will appear on SATUR-
DAY, August 17. Published for the Proprietors by W
Kidd, 7. Tavistock-street, Covent-garden, to whom all Adver-
tisements, Communications, Prints, Books, &c., for Review,
should be forwarded immediately.

f`i HRIS TI E'S DISCOURSES on the
‘,.J DIVINE UNITY. Fourth Edition. 3s.

'Unitarian Christians differ from their Trinitarian Brethren in
recognising and worshipping the Father, eo nomine and bona
fide, as " The God," also " The God of eur Lord Jesus
Christ." This is the dividing point between the two leading
modifications of Christianity. Some of them believe the
Divinity and Atonement of the Christ, to have been the apos-
tolical doctrine, others do not. But they unanimously repu-
diate the Post-Apostolical dogma of a One God of Three
Pirsons, happily designated, not long after the date of the
dogma, by the appropriate name of Trinity.
G. Fawdon, May's-buildings, St. Martin's-lane.

1
EYSSEL ASPHALTE COMPANY.
CL ARIDGE'S PATENT) STANGATE, near
WESTMINSTER BRIDGE.
The superiority of this material over the numerous imita-
tions which its reputation called forth being now completely
established, it is confidently recommended to the notice of the
Paving Commissioners, District Surveyors, and others requir-
ing foot pavement, on the score of economy, durability, and
beauty ; it is peculiarly applicable to all purposes where slate
and Yorkshire stone have been hitherto employed, and is
cheaper than either. For stables, barns, malt-houses, tun-
rooms, and roofs, it has been already most extensively and satis-
factorily used.
Public attention is particularly called to the many specimens
already laid down in various parts of the Metropolis.
'Full particulars and prices may be had at the Company's
Office, Stangate, near Westminster Bridge.
JOHN WEBB, Sec.
OXFORD-STREET EXPERIMENTAL PAVING.—An impression
havin g gone abroad thet the work executed by this Company
had failed, it is only necessary to quote the words of the Com-
mittee (of the Marylebone Vestry) appointed to examine these
pavements, viz.:—" The Aberdeen granite cubes laid down
by the parish had proved to be in most excellent condition ;
that part more particularly which had been set in Claridge's
Asphalte, was in a state of superior order, and the stones ap-
peared immovable."

I.ANDS IN NEW ZEALAND.
The DIRECTORS of the NEW ZEALAND LAND
COMPANY hereby give notice, that Orders for Land may be
purchased at their Office, which will entitle the holders thereof
to select Country Sections, either at the Company's principal
Settlement, or at Hokianga Kaipara, Manukau, the islands
' of, Wai-keke and Paron, the borders of the Thames, or any other
part of the territories already purchased by the ompany, as
soon as the same shall be surveyed. The holders of such Land
Orders will also be entitled to claim from the Company a pas-
sage to New Zealand, free of cost, for themselves, families, and
servants, to the extent of 60 per cent, of their purchase money.
Further particulars as to the terms of purchase, may be ob-
tained on application to the Secretary.
By Order of the Directors,
JOHN WARD, Secretary.
New Zealand Land Company's Office,
No. 1, Adam-street, Adelphi, 23d July, 1839.

A CHARTIST AND HIS GUN.—A. respectable
manufacturing establishment in town, some time ago, en-
gaged a weaver to work a rich plaid. He brought in his
work pretty regularly until within the last ten days. As
the plaid was in demand, and no appearance of any cloth
coming in, they sent one of their men to inquire the
reason. He was informed that the weaver was a Chartist,
and that he had bought a brave new gun, of which he was
very proud. He was so elated with his purchase, that he
had been on the fuddle for several days, and had been
boasting of the feats he would perform, when he shouldered
his musket, under the command of the gallant Dr. Taylor.
But, observed his informant, "he'll soon be at his work
noo, for the gun's in the pop.sbop (anglice pawnbroker's),
and the siller nearly a' drucken."—Paisley Advertiser.
TRAVELLING BY STEAM.--An absurd story
is told in some of the newspapers, to the effect that a per-
son may travel by steam from Perth to London, via Leith,
Newcastle, and Hull, for three shillings and ninepence !
The fare from Perth to Dundee is threepence, from Dundee
to Newhaven pier sixpence, pier dues twopence, from Leith
to Newcastle ten shillings, from Newcastle to Hull eight
shillings, from Hull to London five shillings. Thus, the
lowest fares make the expense Is. l id., a very incon-
siderable sum, undoubtedly, for travelling between 400
and 500 miles.—Fyne Mercury.

Bill MINGHA AI RIOTS

WARWICK ASSIZES.

MONDAY EVENING, FIVE O'CLOCK.
The prisoners Howel, Jones, Wilkes, Roberts, and
Ashton were this morning again placed at the bar, and
by desire of the Learned Judge, the prisoner Howel,
who has only one leg, was accommodated with a chair.
The Court was, as usual, extremely crowded, more
than one half the audience being lades.
The Jury, who had been locked up on Saturday
evening, but had been permitted to go to Church under
the charge of the Sheriffs' bailiffs, having been called

over,
Mr. Justice Lerreeretee then proceeded to sum up the
evidence to the jury. The indictment was founded upon
an Act of Parliament (although there were many others
relating to the same offence)passed in the 7th and Bth year of
the reign of George the 4th, intituled " An Act to amend
and consolidate the laws relative to the m slicious injury of
property." By the B;.h section of that Act any persons
convicted of demolishing, pulling down, or destroying any
house or other building, or beginning to do so, were guilty
of a capital felony. It, was right to remark to them that the
law by which persons convicted of this offence should suffer
death was still in force. A number of Acts had been
passed from time to time to diminish the number of
offences to which capital punishment was attached, but
the law with regard to the crime under their consideration
remained still in force. He need not tell them that
the question was one of very grave and serious importance,
and in coming to its, investigation, he hoped they would
dismiss from their minds all they had heard out of doors
as to the state of excitement in Birmingham or any other
part of the countrK,lt was nothing to them whether
disturbances had_ latay taken place in Birmingham or any
other part of the country, their inquiry would merely be as
to the nature of the evidence before them as it affected
the prisoners. The question for them was whether there
had been a riotous and tumultuous assemblage of persons
on the night of the 15th of July, whether the public peace
had been disturbed, and whether there had been a demo-
lition and destruction of property on that occasion, and he
need not repeat that that-was a subject of very grave im-
portance. But serious as such an outrage was, they
must be satisfied that the prisoners were engaged in
it before they could find them guilty. On the one
hand they bad to consider what had been done in
Birmingham on that occasion, while at the same
time they would bear in mind that the lives of
the prisoners were in their hands. They should,
therefore, confine their investigation exclusively to the
evidence before them, as it affected the prisoners at the
bar. Now with respect to the offence of which they had
been indicted—a good deal of discussion took place on
Saturday, and authorities were cited to show that where
in the
ep
xe re scount si a wa e reef at shsaetmpbal er dp 0 forse
a, o
fneel
epeuyr pwo sa es ,
eaentnd
miht
taet d
eweearteeequallyd
iguiltyit.
o The
hef
Learnedt. be
udsg i h
ef
then
ny
referredhad
case from Hawkins' Pleas of the Crown, which had been
referred to in the course of the argument on Saturday, and
also to a number of authorities collected by Russell. Now,
in order to ascertain whether the parties in such a case could
tbaei
nfo uwnd ha
tguilty
eor
ifgtihne felony,
alinteat
intention
w oeeufltdhbe e necessaryparties
was, and
aansdc ehre.
would now illustrate that by two or three cases. First, where
the meeting of the parties originally was for a lawful purpose;
secondly, where they had met to commit a trespass—
thirdly, where the intention originally was to commit a
misdemeanour, and fourthly, when they had designed to
do some felonious act, and resist all opposers, be the con-
sequence what it might. He would see how far each of
these cases was applicable to the present. He would
suppose, in the first case, a number of persons going out
to kill game, and there were various modes in which that
of some other person, from whom they had received per-
amnidghtht be
the game
might be the
uponpathrteiiersontwinghlaCnhde e
, orit uciuponnlifiethadi
mission to kill it. That was the 'first case. The second
was where the parties went upon other people's land, or
where there was a free warren, without leave to kill game.
The purpose in that case would be originally illegal, but
that,
ato,nlytheampouarnttieeda trespass.wtoereawhatehinersate,adanodf
went out armed, by night, for the purpose of destroying
w Casluleplopsoea,
game—that was a misdemeanour, and that would be the
third illustration. The fourth case was where there was
originally a felonious intent, as in the case of these poachers
going out at night to kill game, and steal poultry, and where
they were not provided with a sufficient number of guns, and
meant to steal them from the houses of the farmers. The first
was a lawful purpose, the second was a trespass, the third a
misdemeanour, and the fourth a felony. In all these cases,
where, suppose a murder had been committed, the question
would arise and would be submitted for the consideration of
the jury, first, who the persons were, originally assembled;
and secondly, whether the persons accused were of the num-
ber, because if they were not the indictment would fall to
the ground. If that, however, were proved, the next point
would be what was the arrangement upon which the par-
ties originally went out—whether to kill game on their
own land, to commit a trespass, a misdemeanour, or
a felony, and then the subject of inquiry for the Jury
would be who were at the original meeting, what
the
.intention was, and, thirdly, whether or not the law
was a"plicable to the parties who were not present at the
time the act was committed. On the present occasion
it did not appear to him that that question could apply. The
first difficulty was to ascertain who were at the original meeting
yi hen the design, whatever it was, was formed. The cases
cited in Hawkins, presupposed that the parties had met with
some one common design. They might be able to discover
who the parties were that did meet, if the meeting had been
confined to a few or perhaps one hundred individuals, they
might be able to collect from their acts or declarations what
the original design was, but :here they found an assem-
bly of two or three thousand persons, some coming from Dig-
beth, some from Holloway-head, and some from New-street.
Now they were not to infer that all those assembled in the
two hundred n d jdreoin peedrson ti
Bull-ring were at the original meeting—they must na-
turally suppose that the numbers increased upon the
many
road, and thatoriginally
at were not,
aware of their original design, if any
s h e
omr such existed. There
might have been
and that they were joined in the road by persons who had not
the same intentions as those who originally set out. Such
might also be the case with those who set out from Holloway-
head and from, New-street. In addition to the difficulty of
ascertaining who were originally present was the difficulto of
finding out what was the original intention of the parties assem-
bled, and what was the intention of those who joined them on
their way to the Bull-ring. Then would come the question of
what the intention of the prisoners at the bar was, and whether
they had been at the original meeting or had joined in on its
way to the Bull-ring. Some might have gone to discuss mat-
ters-of their own, with a good intention, and not even contem-
plating a riot or any breach of the public peace. Such a
meeting by their subsequent conduct might become an unlawful
one, but it was for the Jury to ascertain.what the intention of
the pasties was when they set out. Some might have aet.out
with an intention to overawe or intimidate by saying "'let us show
our force," and that to the terror and alarm of the well-disposed
and peaceable inhabitants. Some might intend to go further
and say, " It will not do to show ourselves, we must do some
act to constitute a riot." Some might have gone to see Lovett
and Collins, or to hear the subjects discussed at these meetings,
without any intention of committing a felony or the demolition
of houses. Others, recollecting what had occurred on the
evening of the 4th July, might have gone to set themselves in
array against the police. All these were perfectly separate in-
tentions. Others might have gone further and said We will
destroy some houses, we will plunder houses and have some
burnings. Whether that were so or not they had nothing in
the way of evidence to prove—there was not the slightest indi-
cation of what the intention of these parties originally was.
It appeared to him that there was no evidence before them ap-
plicable to that large assembly, aq it was almost impossible to
say who were the parties originating it, or whether these two or
three thousand persons had any preconcerted plan. They might be
considered to have:meditated something, but to constitute all par-
ties present guilty of a felony they must have actual knowledge
of what the intention of the parties was. It appeared to him
that in the present case their inquiry ought to be confined to
the particular subject of the felony which was the charge in the
indictment. On the subject of felony the law was that it was
not necessary to make a person guilty that his should be the
hand by which the felony (as in the case 'of murder) was com-
mitted. It was not necessary to make a mann guilty of murder
that he should have inflicted the blow—or that in order to con-
vict him of burglary he should have broken into the house and
stolen the goods. Those who do that were called principals in
the first degree ; but those who were aiding and abetting were
called principals in the second degree, and They were as much
guilty as if they had participated in it. The Jury would con-
sider whether the prisoners originally contemplated a felony,
because unless they were satisfied that their object originally
had been to demolish the house, they could not be convicted of
the felony. That was the rule in the case of the King v. Batt.
which had been cited on Saturday by one of the Learned Counsel.
The same rule was observed in the case of an election mob, who
pursued a voter to a house, wherein he took refuge, and who
broke the windows and doors ; but as they did not originally
intend to demolish and destroy the house, the prisoners were
acquitted. If the prisoners had any ulterior object in view,
and yet in the course of that object destroyed and demolished
the house of the prosecutor, they would be guilty of the felony,
isi point of law. The first thing they would have to consider
was whether the house attacked was the house of James and
Henry Bourne, and they had the evidence of one of the part-
ners upon that point, which appeared to him to be satisfactory.
Then the next question upon which some discussion had taken
place was whether the house wasp the parish of Birmingham.
On referring to the local Act, it did not appear to him that
for the
there was any ground objection, as, although there
were smaller divisions for certain ecclesiastical purposes, that
did not destroy the entirety of tin he parish of Birmingham,
and therefore the description was his opinion sufficient.
The next point then was, whether there was riotous and tumul-
tuous assemblage, and they had the evidence of Mr. Bourne
on that point also. There could be no doubt, certainly, that
on that evening there were some hundreds of
persons assem-
bled in a riotous and tumultuous mannerand
; the next point
in the evidence was, that the parties so assembled broke the
windows and proceeded to pull down the shutters of the shop_
windows. But with respect to the offence of pulling down
and destroying he would observe that the shutters formed no
part of the house, and so far as that went the evidence would
not be sufficient to convict the prisoners of the capital offence.
The Learned Judge then proceeded to read over
of the evidence of Mr. Bourne, and observed that • h wit regard
to his cross-examination the object was to show that on several
former occasions similar meetings had taken place, and that the
parties taking a share in them. s had not been,
prosecuted.
Having gone through the evidence at great length, 010
Learned Judge, left to the Jury to say whether under all the
circumstances, they were satisfied that the prisoners • mere gui y
of the offence aid in the indictment.
The
which the Jury retired, nearly three h
,t 404. the 4 In
delivery, after
Taw. oe 401-IN COLLINS ID
sEniTtox,
Another Jury having been sworn,
John Collins was placed At
the -0, and
which was very voluminous, was read at 1 the indictment,
of tiro Arraign's. It nt forth, that the 4th
by the Clerk
the parish of Birmingham, several perso t of Jely last, in
10,000 and upwards, did asseml)le the 'limber of
to wit, sticks, clubs, and daggers, and With'harmevers ernssive weapons,
and flags, and

did make a great noise, to the terror and alarm of her Majesty's
peaceable subjects. That George Martin and James Henry
'Sweeting, two of the metropolitan police, being theretofore
sworn in as special constables of the town of, Birmingham, did,
by order.of the Mayor, Mr. Scholefield, and Dr. Booth, one of
the Magistrates of the said town, proceed to remove, disperse,
and did cause to be removed and dispersed, the said unlawful as-
sembly. The indictment then charged John Collins, that
he being of a wicked, seditious, and disaffected mind, and de-
siring to oppose and resist the police in the execution of their
duty as special constables, and to bring into contempt the said
metropolitan police, and to cause divers of her Majesty's loyal
subjects to believe that the laws were unduly administered by
the persons appointed to administer them, and intending to dis-
turb the public peace, and raise and excite tumults and disturb-
ances, and resistance to the law, did, on the 15th July last, write
and publish, or cause to be viritten and published, a certain false,
scandalous, and seditious libel of and concerning the said
police, and of and concerning the administration of the law in
these realms.

The defendant pleaded Not guilty.
Mr. Justice LITTLEDALE said he understood from Mr. ser-
geant Goulbourne that the defendant had no wish to traverse.
Defendant—l feel confidence in an intelligent English Jury;
and have no wish to traverse.

Mr. WADDINGTON having opened the proceedings,
The ATTORNEY-GENERAL states:l the case. It was an in-
dictment found against the defendant, J. Collins, by the Grand
Jury for the County of Warwick, whereby, as they had inti-
mated, it had been thought fit; that he should be put upon his
trial for that offence. Whether he was guilty or not they were
to determine. He rejoiced that the case was to' be sub-
mitted to an intelligent English Jury, for justice, under these
circumstances, was sure to be done between the prosecutor and
the party accused. Mr. Collins was not charged with
any act of demolishing houses or assaulting individuals,
but he was charged with a publication which he (the
Attorney-General) submitted to them had a close tendency,
to instigate to offences of that nature. And if in their judg-
ment it had that tendency in point of moral guilt, he had as
much to answer for, and perhaps more, than those whom he in-
stigated by such publication, and who actually committed the
offences to which such publications tended. It appeared to
him,-but that was entirely in their judgment to determine, that
the publication with which Mr. Collins stood charged, directly
instigated to a breach of the law and the commission of crime.
It was not merely a declaration of speculative opinons—it was
not merely an expression of censure on any public body, or any
class of politicians, either on the one side of politics or
on the other ; but he submitted to them that it was
directly calling upon those who read the publication to set the
law at defiance, and to perpetrate crime. If it were of that
description, he thought they would be of opinion that it was a
fit subject for prosecution, and it would be their duty to find a
verdict of guilty. Publications of that sort, their character
and tendency, depended very much upon the circumstances
under which they were published. He would state to them,
what he was prepared to prove—which was substantially alleged
upon the record, and which it would be his duty to establish by
the evidence he should call before them. The town of Bir-
mingham had been, during the present year, in a very disturbed
state. There were meetings held in the public thoroughfares—
they were very numerous and disorderly—they interrupted the
public business—and caused great alarm to the peaceable
inhabitants. The place where these meetings were chiefly held
was in the Bull-ring, the plan of the locality would be proved to
them, lest they should not be acquainted with it. It was oppo-
site St. Martin's Church, and was, he believed, the most public
place within the town of Birmingham. These meetings were
held almost daily—they were very numerous, and they inter-
rupted public business, and caused great alarm and apprehen-
sion to the peaceable inhabitants. The Magistrates, as their
bounden duty required, did what they could to repress these
evils. They published a proclamation warning the inhabitants
and all persons to abstain from attending them. That procla-
mation produced no effect—they, on the contrary, be-
came more numerous and more disorderly, and they were
continued to be held on the Ist and :11 of July last.
They were continuing this from day to day, and Thurs-
day, the 4th of July, being market day, it was ap-
prehended that there might be a still more numerous assem-
blage, and it became the bounden duty of the Magistrates to
take precautions to guard against any breach of the public
peace, and to protect the loyal inhabitants of Birmingham. The
police of Birmirgharn was in a very deficient state; and the
Magistrates, acting under the authority of a certain Act of Par-
liament, proceeded to London, to procure the aid of a body
of' the metropolitan police.; The Learned Gentleman then de-
tailed the facts of the Mayor and Magistrates having gone to Lon-
thin for that purpose, as stated by him in a former case. The
police having arrived at the Railway Station at Birmingham, one
of the Magistrates (Dr. Booth) who accompanied them, went
up to the town to ascertain what was the state of the Bull-ring,
_while the police remained at the -station ;-although "it was said
untruly and calumniously, that the Magistrates instantly marched
them into the Bull-ring, set them upon the people, and gave
them orders to assault, beat, and wound, those assembled. So
far from that being true; they were left at the station while Dr.
Booth went into the town. So soon as he made his appear-
ance in the Bull-ring the mob commenced hissing and hooting,
although it was well kno,vn that Dr. B. was a Magistrate, and
vested with lawful authority under the commission of his Sove-
reign. The respect they showed him, however, was to hiss,
and hoot, and call him a spy. Dr. Booth then proceeded to
the station, and, accompanied by the Mayor and the police, to
the number of sixty, returned to the Bull-ring. There were
then many hundreds assembled, with standards, which were sta-
tio-.ed near Nelson's Monument. Dr. Booth and Mr. Scholefield
went into the Bull-ring, and then, before any thing was done
by the police, or any order given to them at all to interfere, Dr.
Booth called upon the mob thus assembled to disperse. Instead
of dispersing, they threw at him and the police a volley of
stones, and one stone actually struck Dr. Booth's horse. Upon
that Dr. Booth did what he was bound to do, in the discharge
of his duty ; he ordered the police, who had been previously
sworn in as special constables, to do what was necessary towards
dispersing the mob., The police immediately endeavoured to
seize the standards at the Monument. They succeeded for a
time, but they were assailed in a most violent manner by stones,
brick-bats, and other missiles. They were in the greatest
danger of their lives, several being wounded with stones,
and more than that he grieved to say (because till lately such
things wetroviev.er done by an English mob), two of them were
stabbed. One was stabbed in the abdomen, which endangered
his life, and for some time he
was not expected to survive. An-
other was dangerously wounded in the hip, and his life also was
considered in danger. The police were obliged to retreat, and
he would call some of the party before them, who would prove
that if they had not taken refuge in a house, it was impossible
to say whether all might not have been sacrificed. The mili-
tary were, however, called out, and the riot suppressed. Many
were arrested, and a number of those who had been most active
in the riots and disturbances were committed, in order that
they might take their trials, and if guilty be subjected to
the punishment which their offences deserved. That was upon
Thursday, July 4 ; and what then became the duty of all peaceable
and well inclined citizens of the State? It was most un-
doubtedly to assist in keeping the peace and repressing the
spirit of insubordination and riot • and if they thought there had
been any excess on the part of the Magistrates or the police, to
pursue those remedies which the laws of England afforded to
every man, who supposed himself injured or the laws outraged.
It was well known that every individual in that country could put
the crilninal law in force, although he himself might not have
sustained any injury. In other countries it was necessary for'
the public prosecutor to take up the case, but there, if the law was
violated, any one might appeal to a jury for the vindication of
that law. But what would they think of the persons who,
when Birmingham was in that agitated state, should try to in-
crease it and bring about a conflict which might be attended with
consequences the most fatal and dangerous? On the following day,
Friday, the sth of July, appeared posted about Birmingham a
hand-bill, a copy of which he then held in his hand. He
should bring it home most distinctly to Mr. Collins, the de-.
fendant at the Bar. He would show that he had caused
the manuscript to be printed—that he had ordered 500 topics
to be printed and directed them to be posted, and, according to
his directions, they were posted in the Bull-ring and about the
Public-office, and in all those parts of the town where the people
were most likely to be assembled—where they were most likely
to be read and to be most mischievous. There might perlaapsbe
some cunning and caution in the language, but they
would say whether it did not hold out a direct incentive to
the inhabitants of Birmingham to assail the police, to
violate the law; and if the police interfered at any
time, that they should be resisted to the utmost, and that
physical force should be resorted to. It was in the nature of a
proclamation from what was called " the General Convention,"
It was entitled, as the Jury might read at that distance, " Re-
solutions unanimously agreed to by the General Convention."
The Jury would hear what these resolutions were, and judge of
them for themselves :—" That this Convention is of opinion
that a 'Wanton, flagrant, and unjust outrage has been made upon
the people of Birmingham." Then it would seem that the dis-
persion of these unlawful assemblages by lawful means, and
under the authority of the law, was "a wanton, flagrant, and
unjust outrage upon the people of Birmingham." But by
whom was that "outrage" committed ? " By a blood-thirsty
and unconstitutional force from London." These po-
licemen came not voluntarily or upon any agreeable
service. They received no additional pay, they were to obey
the lawful commands of those under whose authority they acted,
and they had always been distinguished for their humanity,
moderation, and forbearance, and yet they were held up to
the people of Birmingham as a .‘ bloodthirsty " force. Had
they done anything to justify such charge? They had shed no
blood—they had been brought into the Bull-ring with nothing
but their staves—they had no deadly weapons 'with them.
They were assailed by deadly weapons, and their blood did flow
in the streets of Birmingham. But they resorted to no vio-
lence—they protec'ed themselves with their staves, the only
weapons with which they were armed. Well, then, after
such an agitation, and ferment, and excitement in the town
of Birmingham, which they were aware had a population
of upwards of 200,000, was it a fitting thing to de-
nounce those who had acted under the constituted
authorities for the suppression of tumult—to denounce
them as " blood-thirsty ?." Ave, but unconstitutional !
He had thought that under the. Constitution of England they
should only resort to military force in the last extremity. In
the last extremity it might be resorted to for the preservation
of life and property ; but was it not better to have the con-
stables general or special, to try and preserve order, and put
down riots, before they called in a detachment of foot with
fixed bayonets, or a troop of cavalry, to use the sabres with
which they were armed? There was just as little pretence to
say that this force was unconstitutional, as to say that they
were "blood-thirsty." It then went on to say that they were
" acting under the authority of men who, when out of office,
sanctioned and took part in the meetings of the people, and
now, when they share in the public plunder, seek to keep
the people in social slavery and political degradation."
Then it appeared the people were to be considered " in social
slavery and political degradation," because they were not al-
lowed to violate the law when the lawfully constituted authori-
ties required an unlawful assemblage to disperse, and when in
the exercise of their bounden duty they were proceeding to
preserve the public peace ; and because those who had s*nded
against and violated the law were arrested and brought to trial
for the offences of which they stood charged. That was
" moral slavery and political degradation," and all who wished
to see the law enforced and maintained were to be considered
slaves and held up to public exc(r.-stion. What could be the
tendency ofsuch language /' et to excite the people to set the law
at defiance, S":l'3 to- create outrages and disturbanM
of the. most serious character? The resolutiosia then
proceeded thus---" That the people of Dirndls&
are the best judges of their own right to meet in „tiam
ite -Bull-ring
qr elsewhere—have their own feelings Ir., consult respecting
the outrage given, and are the
or-ST JUDGES OF THEIR OWN
rowER, AND DESOIJECn TO DETAIN JUSTICE.'' These last
words were pla., in large characters to render them more im-
Pres2in and conspicuous. They were the best judges of
their own feelings when called upon to disperse, and
to set the law at defiance. They were to act accord-
ing to their own feelings and judgment in such cases, and
were to pay no respect to the authority of the law.
j Now, what were the feelings there expressed ? It was pointed
out to the people that they were not to judge of the law, or to
.submit to it, but to set themselves above the law. The ft

''The ATTORNEY-GENERAL objected to the question, as
being quite irrelevant to the case before the Court.
Mr. Sergeant GouLeouttn insisted on his right to examine
the witness on the subject of his harangue on the Gth of last
August.
The Arroutsmr-GENERAL contended that the course of ea-
amination pursued by his Learned Friend was irregul.„..
Mr. Justice LITTLEDALE said he did not hod.,' that it
was
evidence, but still appeared to him to ariser:ut of the natvre of
the case relating to the placard, but he affirmed the Attorney_
General's objection.
Examination resumed.— The Judge read the placard.)
Knew Mr. Collins. 7e have often had persons breaking in
on our AI eotivigs; using violent language, and speaking of phy-
sk34l fox . i have always heard Mr. Collins on every occasion
as"+ i-hat such language must be suppressed.
After another objection had been started by the Attorney-
General, the examination closed, when
Mr. Collins said he felt particularly aggrieved that all
rose to reply. mannertorney_
of evidence was to be heard against him, and that the At
General should stop any evidence that was offered in his favour.
He said he had never
knoSwe'rngeaanptroGseCuuLtitunßtNhat had been conducted more unfairly.
The Attorney-General in his opening speech had told them
that it was a bill which had been found by the Grand Jury of
Warwick, which was very true ; but now on this trial they
were afraid of bringing forward
their principal witnesses. He
did not know how Sir John Campbell,
ampbell, the Attorney-General,
and who was, when out
conduct in this of office, exceedingly fond of calling
himself plain John Campb 1 e 1, could reconcile to himself his
case of prosecution. He challenged, on this