The Sun.
London, England, 1839-05-11 00:00:00

QUEEN'S BENCH.-(TH-l6 DAY.)

(Before Lord Denman and a Special Jury.)
tO'NIALLEYIRVIN V. THE MARQUIS OF NORMANEY.

The plaintiff in this case is an Irish barrister, and has
brought the present action to recover compensation in
damages from the defendant, for slanderous words alleged
to be spoken. The defendant conducted his case in per-
son. The Attorney-General appeared for the defendant.
The Countess of Charleville, the Marquis of Anglesey,
Lords John Russell, Morpetb, and Colonel Yorke, private
Secretary to the Marquis of Normanby, were accommo-
dated with seats on the bench.

Mr. Itanst addressed the Jury at considerable
length, and complained of the hardship of being obliged
to bring his case before a jury, when the compen-
sation to which he was justly entitled should have been
spontaneously given him by the noble defendant, and then
called the following witnesses :
John May, police-constable C division, No. 113— I re-
collect on the 3d June being sent by the Inspector of C di-
vision to the Clarendon Hotel. I saw the Marquis of Nor-
manby there, who, on my stating that I had been sent by
Mr. Irvin, to take him into custody on a charge of felony,
said, " Never mind, the man's insane, and has been con-
victed of perjury in Ireland, where he was confined for it."
lam quite sure he said perjury. Nothing else passed on
that occasion.

cross-examined by the Attorney-General—I first saw
Mr. Irvin, at.,he station-house near the White Horse Cellar,
Piccadilly, on say.:.:-.3ay morning, the 3d of January, who
said I am to go with hin., ns he had a person to take into
custody for stealing some pip,:" out of the Castle of Dub-
lin, and threatened if I refused he w-0.41d report me to the
Commissioners of Police; on consulting the Inspector he
told me to be cautious how I acted as the Clarendon was
out of my beat. I walked along with plaintiff to the Cla-
rendon, and saw a number of carriages at the door. The
Marquis and Marchioness of Normanby were about setting
off for Ireland. Mr. Irvin stood on the tbreshhold of the door.
Directly the Marquis, with the Marchioness on his arm,
came down stairs. The Marchioness was not alarmed ; her
Ladyship was handed into the carriage,and the Marquis joined
another gentleman who was standing by in conversation.
Mr. Irvin then pointed out the Marquis and said, " There he is,
take him into custody—now officer, do your duty." The
Marquis then got into the carriage, and they drove off.
Mr. Irvin then got into a cab and followed the carriage
up Bond- street. I cannot positively say whether the word
was "forgery" or perjury that the Marquis used in speak-
ing to me, for I then had a cold and we spoke in an under
tone.

Re-examined by Mr. Irvin—l wrote on the back of the
card the word perjury that, morning, believing it to the
word spoken by the Marquis of Normanby.
Mr. Ttvyford, magistrate of Bow-street—l recollect
about the period alluded to, Mr. Irvin coming to the office
and making a complaint of felony against the Marquis of
Normanby.

Mr. Irvin—Did I not undertake the mater on m}• own
responsibility, and that if you granted me a warrant I alone
was answerable.

Mr. Tw•yford—.You so stated.
Lord DENMAN—This matter is wholly beside the case.
Lord IlAntErtro:\--The letter from Mr. Johnstone
could not be found in the Chief Secretary's Office. Did
not believe the letter now in his hand came from the Mar-
quis Wellesley.
Lord DENMAN—The production of those or similar let-
ters has nothing to do with the case, unless you can con-
nect them with the Marquis of Normanby.
Cross-examined by the ATTORNEY-GENERAL—Lord
Wellesley left Ireland in IS3-1. It was during his Admi_
nistration that the indictment was preferred against Mr.
Irvin.

The Marquis of Anglesey, Lord John Russell, Lord
Morpeth, and Colonel Yorke were severally examined re-
specting the official correspondence which took place re-
lative to the alleged abstraction of a letter affecting Mr.
Irvin, hut the Court contended that such evidence was
entirely irrelevant—it was not persisted in by Mr. Irvin.
Mr. Fitzstephen French was then called, but did not
answer.

The AT rOItNEY-GENEEAL then addressed the Jury on
the part of the defendant, and submitted that a more silly
or ill-supported case against the Noble Marquis was never
brought before a Jury.
Lord DENMAN submitted the evidence to the Jury, who,
without leaving the box, found a verdict fur the defendant.
Mr. Irvin, in rather an angry tone, was preceding to
address the Court, when he was stopped by Lord Denman.

BOW-STREET-(THIS DAY.)

FIVEN ENG ED UT lON .

4 •
NATIONAL CONVENTION.
(YESTERDAY.)

1 \:r. DEAN, Delegate from Manchester, in the chair.
Alter the preliminary business had been gone through
l • 0
tn,:. Secretary proceeded to read the
i CORRESPONDENCE.
From Bishopwearmouth—The Council of the County of
Durham, having detetinined to have a great demonstra-
lion on Whit-Monday, on the Town Moor, Sunderland, they
requested the Convention would send down a Delegate to
assist at the meeting,' It also stated that the gentlemen
who vwere to attend the Newcastle demonstration would be
• enabled to attend both meetings on the same day, as the
') town Moor meeting would be held late in tl:e evening.
They would have a public tea party in Bishopwearmouth
on the evening of the meeting.
From Newport, Monmouthshire, the scene of the late
outbreak.—.A letter states that three troops of the 29th
Foot, with their officers, arrived at Newport last week,
by the *elm packet, from Bristol, having come by forced
marches from Plymouth in eight days, under the most
alarming rumour that Newport was in a state of uproar—
that the colliers in the hills were all up in arms. On
their entrance into the town they were cheered by the
Chartists, with Mr. Etheridge at their head, and they
were told that they were much wanted to protect
the poor against their enemies, those Magis-
trates who had told the people to arm and " keep their
powder dry." Title soldiers are yet quartered on the inha-
bitants, but on Monday they were to go out to the new
Union Workhouse, which was being prepared for them ;
arms, ammunition, and beds being sent in to it ; the soldiers
express their abhorrence against going into such lodgings
in no set terms. In order to allay the feelings of the
tradesmen and others the Secretary of the Chartist Asso-
ciation issued the following proclamation, in answer to
that put forth by the Magistrates:—
THE NEWPORT CHARTISTS' PROCLAMATION.
" To the Inhabitants of Newport and its vicinity.
" We think it expedient and necessary, on behalf of
the Working Men's Association in this town, to make it
known to the public generally, that we, as a body, asso-
ciating together for the purpose of petitioning for our
rights in a legal and constitutional manner, as contained in
the People's Charter, do not approve of the conduct of any
person that has, or does belong to the Association, mak-
ing use of the violent language that has been attributed to
them, and in some cases falsely attributed to them, by that
lyttg, dirty printed paper, called ' the Merlin.' We are
sea:Med that the exertions of Mr. Edwards in the cause
have %wen of much service in awakening the minds of the
people to a sense of the evils of which we complain,
under tlae present system of Government ; and the repre-
sentation of the people in the House of Commons—but
we, as a body, totally denounce all such violent language
end conduct as he has been using towards those that
arc opposed to us, and we have done so for a length of
time—his zeal having outrun his knowledge on subjects
of a political nature. We wish, hereby, to allay the
fears of all that are opposed to us. We are not De-
structives, nor will we countenance those that are. We
are determined to act peaceably and quietly—we will, at
the risk of our lives, protect the persons and the property
of all men, whether opposed to us or not, so long as we
shall be allowed peaceably and quietly to petition for our
rights as citizens, to obtain a voice in making those laws
' by which we are to be governed. Our motto is that of T.
Attwood, Esq., M.P., ' Peace, Law, Order, Loyalty,
and Union !!!'
i " Written for and signed on behalf of the Newport and
Pillgwenlly Working Men's Association. by
" SAMUEL ETHERIDGE,
" Honorary Secretary.
" Fair Oak Cottage, May 7, 1839."
From Brechin, with votes of confidence in the Convention.
From Dumfries, with a similar object, and requesting that
Messrs. Frost and Lowrey be sent to the public meeting
which was to be held at Jedbury.
From Sutton, in Ashfield, saying that Mr. Woodhouse
was not properly elected, five days' notice only having
been given.
DISGRACEFUL PROCEEDINGS OP THE YEOMANRY AND SPECIAL

cONSTABLES AT WESTBURY.
OD Monday evening, May 6, Mr. W. Potts, surgeon,
&e., of Trowbridge, proceeded with a few Chartists to
hold a peaceable meeting at Westbury, five miles distant.
About a quarter of a mile from the town, in a narrow lane,
the pa'rty being previously increased by men, women, and
children, to about three hundred, they were overtaken by
a troop of yeomanry, who rode among them to the immi-
nent danger of the lives of the people, who were walking
peacably, orderly, and unarmed, flourishing their swords
about, and scattering the procession. No sooner was this
done than a party of 200 or 300 special constoSies met
them in front, and commenced a brutal ttlack, crying out
for Potts and other speakers, ctla whom they violently
seized, though not a shadow ncleststance was made. Three
persons were taken ~..ustody ; but Mr. Potts being by
some accident rel.':.;ised, of course, made his way home.
The three: men who were taken were the next morning
committed to Salisbury Gaol, to take their trial for being
'resent at a riotous meeting forsooth, when the only riot
was caused by the irruption of the yeomanry, and the 'on-
tal and illegal conduct of tho special constables. -;.'hat
those apprehended, who are working men, may stand no
chance of bail, 2001. is required by the Magistrate for each

person.
The first intimation given that the peace of the town
was to be disturbed was given on Sunday evening, by the
arrival by post of twenty-five of the A division of police,
wird were forthwith quartered in the barracks. On Tues-
day morning the Magistrates hold a meeting, and hand-
bills were circulated in the afternoon, cautioning all per-
sons that a Chartist meeting, of which notice bad been
previously given to be held in the market-place, would
not be permitted in the town ; which meeting was on this
account adjourned. About four o'clock a party of police
was marched into the market-place, armed with pistols
and cutlasses, who surrounded the house of Mr. W. Potts,
surgeon, &c., of this town; and he not being at home,
thew carried his brother, Mr. F. Potts, before the Magis-
trates, where he was charged with having been present,
the last evening at Westbury, and while he was waiting,
the arrival of witnesses to prove his being in Trowbridge,
during the whole of the time he was alleged to have been
in Westbury, Mr. John Clark, one of the Bench, contrary
to all gentlemanly and just feeling, was endeavour-
ing to prove he must have been there. During the
same time his house was searched by a constable
and one of the police, without any warrant
and many articles of property carried off to the Magistrates'
room. While this was about a policeman knocked down
a younger brother in the shop, and for some time kept a
loaded pistol pointed at his breast, though he offered no
resistance, and said not a word, On the appearance of his
witnesses Mr. F. Potts was of course discharged. A
party of police now proceeded on the Bradford road, where
Mr. W. Potts had gone to meet with W. Roberts, Esq.,
of Bath, who was to have addressed the meeting, in order
that he might give hiin notice of its adjournment. They
arrested him just as he was entering the town, and carried
him before the Magistrates, where, after a short examina-
tion, he was remanded till the next day. In the meantime
ha wes it rareerated in the blind-house. Before leaviag the
town W. Roberts, Esq , addressed the people, who were
assembled in great numbers (Mr. Potts being universally
beloved and respected by them for his strenuous unflinch-
ing advocacy of their just rights, and his unremitting and
successful exertions in his professional capacity), for about
three minute% entreating them to disperse and return home
peaceably. There were now in the town three troops of
fitasars and a troop of Yeomanry, in addition to the police
and special constables. The people behaved in the most
peaceable and orderly manner throughout.
The Market-place was ordered to be cleared by nine
o'clock, and the conduct of the special constables and po-
lice was most brutal and dastardly. Before the numbers
assembled could possibly get away ; attacks were made in
various quarters with bludgeons. Women were struck
down, and the noise of the blows aimed at the heads of the
men was terrific • the whole 'Market-place rung with them,
and the peaceable, uuoffending inhabitants were felled to
the earth like oxen, and their !blood flowed like water.
Not a blow was given in return all having laid aside even
their walking canes, owing to Mr. Roberts' advice. In
other parts of the town men and women were struck down
while returning home from their various avocations ; they
were beset even inside their own doors, and one woman,
far gene with child, who had been to fetch her beer for
supper was struck down, and when down so violently
kicked on the abdomen by a policeman, that her life is de-
spaired of. How many other lives are endangered we have
not yet been able to ascerta n. About ten o'clock on Wed-
nesday morning,. Mr. W. Potts was taken to Westbury,
ascot-led by a party of police, a troop of Hussars, with
drawn swords, and five or six carriages. (A report of
his trial there is, together with that of Mr. Roberts, in ano-
ther part of this paper : we refer our readers to that for
further information.) The same summary mode of clear-
ing the town was adopted on this night, though through-
out the day the people were most quiet and orderly ; and
if any breach of the peace be made it will be attributable to
theintolerable violence, insolence, and tyranny of the po-
Hoe and special constables. Do such proceedings require
any comment ? They only prove, that till we have the
Charter we are in a state of greater slavery than even Rus-
sian serfs.