The Sun.
London, England, 1839-08-16 00:00:00

THE SUN, LONDON, FRIDAY, AUGUST 16, 1839.

bering about 600 people, marched on Friday last three
times through the principal street of the capital of Upper
Canada, the men decorated with ribbons emblematic of
their different degrees in the Society, hearing flags and
playing party tunes, such as the " Protestant Boys," &c.
Thomas B. Phillips, Esq., one of Sir Gecrge's pet
partizan Magistrates, accompanied the procession, showing
clearly what he understood by the advice of his Excel-
lency. We have read of a leader of a mob who having
broken into a splendidly furnished mansion, exhorted his
unruly followers not to destroy the property, in the fol-
lowing manner. Pray, my friends, do not touch that
splendid mirror I—immediately the mirror was dashed to
pieces. Oh I pray do not touch that valuable piano-forte—
instantly the instrument was doomed to destruction. What
does Sir G. Arthur say ? Pray, my dear friends, do not
walk on the 12th. Ido most earnestly and affectionately
implore you to stay at home, and particularly mu trusty
Magistrates do persuade the people not to give offence to
their fellow-subjects. Thomas B. Phillips, Esq., took his
meaning out of the Governor's letter, and we have not
heard that he was dismissed, neither are we aware that he
was present at the dinner and ball with which the 12th of
July was celebrated at Government House by Lord Nor-
manby's Lieutenant. The Orangemen generally seem to
have attached the same meaning to his Excellency's
letter as their Magisterial Leader, for their proces-
sion was three times as numerous as any we have
ever witnessed in Canada. Some of Major Mac-
garth's troop of cavalry, under pay of the British
Government, were to be seen in the crowd dressed in plain
clothes but decorated with ribbons. It is not our intention
to say much on the subject of this precession, but we feel
it ,oir duty to notice publicly that such took place, and
that the Roman Catholic inhabitants of the city feel much
exasperated at it. The Rev. Mr. M.Donagh used great
exertions to prevent opposition being by any of his flock,
and owing to these exertions and to the good score of the
Roman Catholics, the day passed off, as fsr as we have
heard, without any disturbance. In noticing this occur-
rence we may observe that Lard Normanby can hardly ex-
pect to maintain a character for consistency if he permit
such proceedings to be countenanced by Sir George Ar-
thur, for whom the Orangemen gave three cheers at the
gates of Government House on the 12th. We have little
doubt that the matter will be taken up in Parliament, and
we shall then learn whether Sir George really got instruc-
tions on this subject or not. We subjoin an account of
Ithe proceedings of the 12:h, from one of our Tory con-
temporaries, who rates the numbers in the procession even
higher than we did.— Toronto Examiner.

FUNDING OF EXCHEQUER BILLS.

(THIS DAY.)

At ten o'clock this morning there was rather a numerous
attendance at the Treasury, for the purpose of witnessing
the biddings for the contract for funding 4,000,0001. of
Exchequer Bills, pursuant to the Government notice. The
hour fixed by the Chancellor of Exchequer for taking the
contract was ten o'clock precisely, but it was a quarter to
eleven before either he or Lord Melbourne made their ap-
pearance. At that time there were present, the Messrs.
Rothschild, the Governor of the Bank, and several
capitalists.
Mr. Spring Rice opened the business of the day by
placing in the bands of the Governor of the Bank, a hill
containing the maximum amount of stock Government
would give for 100/. Exchequer Bills to be funded, and
explained that those bidding for the whole amount would
have priority if their terms were within those con-
tained in the sealed tender. He then asked if any gen-
tleman present was desirous of putting in tenders.
Sir John R. Reid, put in one on behalf of the Governor
and Company of the Bank of England.
Mr. L. Rothschild put in one on behalf of the Messrs.
Rothschild. . _ _

-------- --•
Mr. Pawle, of the Commercial Bank of Scotland, put
one for that establiEbrocnt.

No other biddings being made,
The Chancellor of the Exchequer opened the first letter
which came to hand, which was that of Messrs. Roths-
child, and read it. It bid for the whole four millions at
1101. 17s. 6d. for each 1001. of Exchequer Bills.
The next letter was from the Commercial Bank of Scot-
land, bidding for 500,0001., taking 555 000/. in Consols for
half a million of Exchequer Bills, being at the rate of
1111. of ConFols for every 1001 in bills.
then r
for 500,0001. of the contract, taking 1091. sa. 10d. for
eachToleoo/. of
Chancellor Eschu Bills.opened the sealed Government
price, and declared it to be 1101. on Consols for each
1001. on Exchequer Bills.
The announcement caused some astonishment.
The Chancellor declared the tender of the Bank (for
e
500,0001. to be accepted, and asked Messrs. Rothschild if
they would sit, r their terms.
Mr. Rothschild replied in the negative, as did the agent
for the Commercial Bark of Scotland.

_ .....
'The business of the day then closed, and the parties
withdrew.

THE MARKETS.-(THIS DAY.)

CORN EXCHANGE.

There are this week inconsiderable supplies of English
Grain, and a good quantity of Foreign Oats. The reports
from several parts of the country of wet weather, and some
buyers being new from the interior, more money was asked
for Wheat, but the factors complied with Monday's prices, at
which not much business was done. In other Grain no altera-
tion, with a dull trade. Flour continues to meet a very slack
demand.

V% heat.
4,110 qrs

ARRIVALS.
1 Barley.
29 qrs.

English
Irish
Foreign ......

CHESTER ASSIZES.

(FRONi OUR OWN T.EPORTER.

CHESTER, THURSDAY, QUARTER-PAST TWELVE, P.M
TRIAL OF THE REV. MR. STEPHENS.
CIVIL SIDE —Before Mr. Justice PATTESON.
At nine o'clock this morning Mr. Justice PATTESON took
his scat on the bench.

The Attorney-General (Sir J. Campbell), the At-
torney General fur Cheshire (Mr. Hill), Mr. Temple, Mr.
Jersis, and Mr. Welsby appeared for the prosecution. The
Rev. Mr. Stephens appeared in person.
The Court was tremendously crowded.
The indictment charged that Joseph Rayner Stephens,
late of Hyde, in the county of Chester, Dissenting
Teacher, and divers, to wit, 3,000 other persons, to the
Jurors unknown, unlawfully and maliciously intending to
disturb the public peace, and to endanger the persons and
property of, and terrify and alarm a 'great number of her
Majesty's quiet and peaceable subjects, and to raise and
excite discontent in the minds of her Majesty's subjects
a i b the laws of this realm, and to excite them to tumult
and disobedience of the laws, heretofore, to wit, on the
14th of November, 1838, with force and arms, at Hyde
aft-resiid, did seditiously, unlawfully, and tumultuously as-
semble and meet together, after sunset and before sunrise,
by torchlight, and with firearms, staves, and other
weapons of offence, and in a tumultuous and disorderly
manner, and did then and there remain and con-

tmue so assembled and met together for a long space
of time, to wit for six hcurs, and during that time
did, by the discharge of firearms and the display of
weapons of offence, and by other unlawful means, they, and
there greatly di:turb the public peace, and terrify, alarm, and
disturb her Majesty's quiet and peaceable subjects then and
there passing and rcpassing, and dwelling and being in
the neighbourhood, of the said persons so assembled and
met together; and that the said Joseph Rayner Stephens
did, by divers seditious, inflammatory, and unlawful speeches
and discourses, unlawfully and seditiously endeavour to in-
flame and excite the other said persons so assembled, to.
olistruct the due execution of the law and government of
this 'calm, and to make insurrections, riots, and tumults,
and breaches of the peace ; and that he did then and there
advise, exhort, and persuade the persons so assembled to
procure weapons of offence, and to arm themselves and
disturb the peace and tranquillity of the realm, in violation
of the laws, good order, and government of the realm.
There were two other counts varying tho charge in the
indictment—one charging the defendant with a riot, and the
other with being present at an unlawful assembly.
A Special Jury having been empannelled,
Mr. WELSBY opened the proceedings.
The ATTORNEY-GENERAL, then rose to address the Jury
for the prosecution. He had the honour to attend as
Counsel to conduct this prosecution. A bill of indictment
had been found against Joseph Rapier Stephens by the
Grand Jury of the county of Chester, which indictment
they had just heard read by his Learned Friend.
It humbly seemed to him that it was indispensably neces-
sary under the circumstances which would be laid before
them in eeidence, that the law should be %indicated, and
such offences repressed and punished. The indictment
charged Mr. Stephens with a misdemeanour, in attending
unlawfulan assembly, and inciting those prdsent to a
disturbance of the public peace. This prosecution in no
degree trenched on free inquiry, which he hoped would
ever remain unrestrained in the laud of liberty. It in
ro degree interfered with the right of the subjects of this
free country, to meet in a quiet and peaceable manner, to
consider any grievance they laboured under, and to apply
to any constitutional means to obtain a redress of their
grievances. There might be the freest inquiry, there
aught be the most ample means of obtaining a re-
dress of grievances without any violation of the law,
and neither in this nor any other civilized country
could it be endured, that meetings should be held
where the law was set at defiance, and that language should
be used that necessarily and inevitably tended to a distur-
bance of the public peace. In " Hawkins' Pleas of the
Crown," a book of the highest authority, there was a defi-
nition of what constituted an unlawful assembly. The
Jury would observe that Mr. Stephens was not here charged
with actual riot, or actual disturbance of the public peace,
at the time of this assemblage ; but he was charged with
being present, and taking an active part at such meeting,
and with exhorting the people to do that which the law
must condemn. Hawkins, after stating the law as to riot,
spoke of unlawful assemblies, and after mentioning what
had formerly been held, he stated that any meeting what-
ever, of great numbers of people, with such circumstances of
terror as cannot but endanger the public peace, and raise
fears and alarm in the King's subjects, were properly to
be called unlawful meetings. Thus, as where a number
of people are met together to complain of a common
grievance, armed in a warlike manner, such meetings arc
properly unlawful assemblies, though no disturbance occur,
because no man can tell what the event may be.
Hawkins then gave by way of example, where people
came armed, but he did not absolutely lay that down as the
only thing constituting an unlawful assembly. In the
trial of Mr. Hunt at York that passage from Hawkins
was quoted by the Learned Judge, to which he added
" that meeting in a warlike manner" was by no means
necessary to constitute an unlawful assembly. The ques-
tion, then, the Jury would have to decide was, whether
the meeting was one likely to disturb or endanger the
public peace, and cause terror and alarm in the minds of
the peaceably disposed. Meetings so constituted could
not be for a moment tolerated in a country like Eng-
land—the people had liberty to meet and discuss any
real or imaginary grievances, but it would be far exceed-
ing the latitude of free discussion if large assemblages,
armed with offensive weapons, were allowed to meet and
conduct themselves in the manner that would be detailed
to them. He would prove to them most satisfactorily that
the meeting was of the character described, and that Mr.
Stephens used language of a most seditious and inflam-
matory description, which in itself constituted a very
grave offence. The meeting took place on Wednesday,
the 14th November, at a place called the Cotton Tree,
• about a mile and a half from Hyde, and persons from
various of the surrounding districts attended—they met
• after dark, with fire-arms and flags and banners of a most
violent and inflammatory character. Ort one was, " Tyrants,
believe and tremble ;" on another, " Liberty or Death ;"
on a third, " Ashton demands Universal Suffrage or
Universal Vengeance ;" on another, " For Children and
and Wife, we will war to the knife"—" He that bath no
sword, let him sell his garment and buy one." Then there
was a transparency with the word " Blood," and
many persons carried clubs and fire-arms. They
marched seven or eight a-breast, shouting and discharging
fire arms, and proceeded in that manner from the Cotton
Tree through the centre of the town to a place where
hustings had been erected. He would not allude to Mr.
Stephens's conduct on other occasions, but he would show
them that, on that occasion, Mr. Stephens was the leader
of the people, and that he addressed them in the most
violent and inflammatory language. Among other things
he said " He had good news for them—that he had been
to the barracks, and had seen the soldiers, and that the
soldiers would not act against them." He meant to
imply by that, that the people might go on outraging
the taws with impunity, and that the soldiers were so
disaffected towards the Government that they would not
act against them. He also said that several clubs had
bought arms with their burying funds, and he further
asked the meeting if they had arms, and if they were
ready, and the reply was a discharge of fire-arms, and then
Mr. Stephens wished them good night. They continued
thus assembled till midnight, with torches, shouting, dis-
charging fire-arms, and accompanied by bands of music,
and it was almost unnecessary that the Jury should ask
themselves whether that was not a meeting calculated to
terrify and alarm her Majesty's peaceable subjects. Mr.
Stephens, be understood, was a gentleman who had re-
ceived a liberal education—he was, he regretted to add, a
minister of the Gospel, and it was lamentable to think
that a gentleman of such a profession could so far forget
his sacred character as to use language calculated to
bring about insurrection and revolution in the country.
Mr. Stephens would, he understood, defend hiMself, as
was his undoubted right, and he had no doubt he would
do it with great talent and ability. They would, he
was satisfied, hear all he had to say in his vindication with
due attention, but if he did not bring evidence to do away
with the serious charges brought against him his eloquence
would be exerted in vain, and it would be their duty to
find a verdict against the defendant.
' At the request of the defendant the witnesses were sent
out of Court.

William Manley examined by Mr. HILL—Is a police
officer at Dukinfield. Was there on the evening of
November last. There was a large assemblage of people.
They were walking in procession six abreast. It was'
about haltpast seven in the evening. They had lighted
torches and pots of fire with them. They came partly
from Ashton, and the other part from Stalybridge. They
were going towards Hyde. I beard reports of pistols
or guns. Counted eleven. Witness followed them for
about two miles and a half. Left them at Floweryfield,
on the verge of Hyde. Witness called on George Mil-
ler, a constable. Witness did so because he apprehended
that a breach of the peace would be committed. Knows
a place called the Cotton Tree, between Dukinfield and
Hyde half way. When the procession got to the Cotton
Tree witness saw about 500 more persons. The first pro-
cession was about 400, and 300 or 400 more joined them
at the Cotton Tree. They came from Newton, walk-
ing in procession. They had banners, torches, and fire
pots with them. They stopped half an hour there, and
then went towards Hyde altogether, walking six abreast.

They went as peaceably as such processions generally do,
which is, they were rather noisy; they were firing pistols.
Witness followed them a quarter of a mile beyond
there. They shouted a (good deal. When witness left
them there were about 800 men in all. The Floweryfield
is on the road between the Cotton Tree and Hyde. Wit-
ness left them there, because it was the verge of his dis-
trict as as a constable. Miller did not go on with them.
Cross-examined by Mr. Stephens—Was, as a peace officer
for the township of Dukinfield, appointed by the Magis-
trates and not by :.he rate-payers. Don't know of any mo-
tion or notice of motion for inquiry into his conduct being
placed en the books of the select vestry. Was brought
before the Magistrates of Ashton, not for misconduct but
for striking a person. Don't consider that misconduct,
but the Magistrates did, and fined him. Does not know
that Mr. Stephens was instrumental in bringing that case
before the magistrates. Heard eleven distinct reports of
fire arms, but did not see the arms. Being apprehensive
of a breach of the peace witness communicated with Miller,
but did not consider it necessary to communicate with the
Magistrates. Communicated with the Magistrates seven
days after the meeting, and these proecedings were in-
stituted in consequence. Believes they were instituted by
the Msgistrates. Don't know, and never heard that Mr.
Stephens was called before the Magistrates in consequence.
The deposition of witness was taken before the Magistrates,
and is the same in substance as witness has now given.
The procession marcbed in as orderly and peaceable a
manner as such processions usually do. No breach of the
peace occurred.
George Miller examined by Mr. TEMPLE—In Novem-
ber last I; was a special constable at Dukinfield. On the
evening of the 14th application was made to me by the
last witness, ( Manley). I went home and got my trun-
cheon and top coat, and went to the Snipe Tavern, Du-
kinfield. There was a large number of persons there
walking abreast ; they had banners and a band of music. I