The Sun.
London, England, 1840-01-09 00:00:00

Tlll-41 SUN, LONDON, THURSDAY, JANUARY 9. 1 40,

to give the I:visor:el- the benefit of that doubt. Mr. Frost
could not know there were soldiers in the Westgate, so as
to induce him to meditate an attack on them, for the rea-
,-on I have given; nor could the boy Coles, who says he
gave him the information have known it either. for it was
between a quarter to nine and nine that the soldiers
marched to the Westgate, where they were masked, so
that many of the special constables even did not know
they were there; and if you examine the evidence, it was
about the same period, as near as possible, that Coles
tells Frost there were a dozen soldiers there, instead of
30, the real number; so that he could not have seen them,
nor could h even have been told by any one in the town,
for he did not come horn the town, but from Pilgvventiy,
whither he went to breakfast, but returned without his
breakfast, in consequence, doubtless, of meeting the
mob advancing. And the other boy, Rees, is flatly con-
tradicted by a most respectable witness on one point (which,
without attributing perjury to these boys, the only witnesses
out of the forty examined by the Crown, shows how little
reliance is to be placed on information thus picked up),
namely, that of the mob dividing, and going one part up
Commercial-street, and one up the Friars. As for any
intention to attack the military it is clearly negatived by
the circumstance that they directed no attack on the only
post where they knew them to be ; and the only inference
that can be raised is that they went to the Westgate for
the purpose of obtaining these prisoners ; their object in
appearing in such force in Newport being to make a display
of their numbers, and endeavour to show how large and
powerful a party took a deep interest in the liberation of
Vincent from prison, or in his amelioration in the prison.
The Learned Counsel here, in a most eloquent manner
(and we regret the necessity, in consequence of the
protracted length of the proceedings, and the distance
from London, of abridging his speech) proceeded to
remark upon the exceeding improbability that Mr.
Frost, whose wife and five helpless female children
were living in Newport, who would be the first to
suffer, to whom he never sent any warning to absent them-
selves—who had received an excellent character for hu-
maaity—who were in the warmest state of political excite-
ment—not only had deprecated, and, when in his power,
as had been proved in evidence, prevented, not bloodshed,
for that he never contemplated, but the infliction of per.
sonal violence, or even perspnal detention, on his most
determined political opponents. The Learned Counsel
then dwelt on the insufficiency of the evidence as to all
points of treasonable intention, which rested only en de-
clarations alleged to have been made by witnesses, them-
selves giving evidence against the prisoner through fear of
being involved in the same charge themselves, and contra-
dicting themselves and each ether most materially in the
most important facts of their evidence, and the complete
negative which every act of the prisoner and h's companions
gave to the intention thus imputed to them, for, instead of
attacking the military, they passed them by at the only
place, the workhouse, where they knew the military to be
stationed. -Instead of blowing up the bridge, if such had
been their object, :hey never attempted it, though possessed
of powder, arms, and in numbers to have made any at-
tack. Instead of stopping the post, which six men could
have done, for the Post-offiee was only kept by a woman,
they never went near it; and as for stopping the mail
from Newport to Birmingham, the fact was there was leo
such mail. The mail only went to Bristol, and no stop-
page of the mail at Newport could delay the Bristol mail
to Birmingham, which, moreover, did not arrive there till
just two o'clock in the morning; nor was there the slight-
est evidence given or attempted to be given that any per-
sons were at Birmingham to inquire if the Newport letters
were brought by that mail ; and as for proclaiming the
Charter to be the law of the land, which was to be the
grand treasonable result of overturning the law and over-
throwing the Constitution, not one single witness had
said a word upon that point. The evidence of those de-
clarations rested on the evidence of the witnesses Berford
and Hodge,. On the witness Harford, and the credibi-
lity to be attached to him, he had already observed, and
would not repeat his observations, save one that applied
also to Hodges, namely, that he volunteered this in
order to save himself from sharing the portion of
Frost ; and as to Hodges, he swore distinctly that he it
was at Pie-corner at daybreak that heard Mr. Frost
make this statement, whereas he, Mr. Frost, was dis-
tinctly proved by other witness, and witnesses for the
Crown, to have been in another place at the time, and the
witness himself who says he went home to bed twelve miles
off before ten o'clock, whereas he was seen by others with-
in two miles of Pie-corner some two hours or two hours and
a half afterwards. Watkins, a witness for the Crown, said
he saw Hodges at the Welsh Oak, only two miles from
Pie-corner, at half-past eight, halfepast six being the time
of daybreak, where he said he saw Frost at Pie-corner,
and afterwards he hurried home on foot to Blackwood, so
as to be in bed shortly after nine o'clock. Why, at half-
past eight o'clock the witness called to support his testi.
mony swore he met him at the Welsh Oak, ten miles dis-
tant from Blackwood; and Brough and Watkins prove Frost
to have been seen at the Welsh Oak at the time Hodges
swears he was present at Pie-corner; and Antony also proved
that he saw him in Tredegar Park, at a time utterly incon-
sistent with the date assigned by Hodges, Thus, by the
witraesses for the Crown, was the story of the only wit.
nesses who spoke to this declaration of Frost utterly de-
stroyed. Thus he considered he had destroyed the last shred
and remnant of the case for the Crown. It might be ex-
pected that he should say something of the object of Mr.
Frost and of the multitude coming down to Newport, but
though he protested when pleading for life against being
required to do any such thing, he thought it admitted of
the most obvious solution. The evidence which had been
given there must convince' them that these men, whose
intentions he implored them to construe by that which
could alone expound them, viz., their acts, had no other
object in view than that of showing their numbers, of
proving how much mischief they could commit if mis-
chievously inclined, and thus inducing, by a peaceable
demonstration, the Magistrates to pay regard to their often
repeated requests for the liberation of Vincent and the
amelioration of his condition. It had been proved by
Saunders that when his house and his bat n were full of
people on the morning in question he was told that they
were going forward to liberate Vincent and the prisoners
from gaol. If that was their design, and if in endeavour-
ing to compass it they had masacred a whole body of her
Majesty's troops, and if they produced confusion, anarchy,
and bloodshed, although that would be a high
mnisde-
..meipour;•and although the very attempt would be heaiely,
severely, and grievously punished, it would not be high
treason, for that must be for some general object—the
subversion of the Government or to compel either House
of Parliament to alter its iaeatures. But even that design
was negatived by some of the witnesses called on the part
of the Crown, for it was stated by them that when Ze-
phaniah Williams was asked whether that was the object
of the march, he said, " Oh no, we are not going to en.
danger life or property by an attempt to liberate Vincent,
we are only going to take a throw as far as Newport;"
and this at a time, when, if there were to be this mighty
rebellion, we need have no fear of disclosing what his ulti-
mate projects were. What was proved against Mr.
Frost was, quite consistent with this peaceable design, be-
cause he was found, in addressing the mob, not to say,
" Fire upon the inn I Fire upon the people ! Blow up the
bridge 1 Attack the military I Confront and assail the sol-
diers !" but, when he came to the Westgate, he said,
" Turn round and show your appearance in front."
What did this show but that they were desi.ous to show
the extent of the :ympathy felt for Vincent and the
others? He appealed to the jury as men, as English-
men, as fathers of families, as husbands, as brothers, to
show themselves, like their predecessors, the eternal safe-
guard and protection of the liberties of their country,
by putting a mild construction upon the acts and the
words of the parties accused, and considering that the
demonstration of force was made only in order to back the
application on behalf of their friends. Had the Minister
who now sent his Learned Friends here to work against
the lives of these hapless men indicted any of the one huh-
dred thousand men who had prepared to march from Bir-
mingham, or those who assembled at White Conduit
House? No; they felt in times of excitement agitation
will prevail, and that the best way of checking it was by
lenity and mercy. If men had committed a breach of the
law—if they had sacrificed human lives—let them receive
the punishment they deserved, but let them not be made
traitors against their will ; on the contrary, let their loyalty
be fostered and cherished as long as it existed in their
hearts. The Learned Gentleman then proceeded to point
out some inconsistencies and contradictions in the evidence
of several of, the witnesses for the prosecution, and re-
marked upon the keeping back of H. Williams, whose evi-
dence, when he was produsced for the defence, went so far
to do away with the charge of treason, by making it appear
that the demand made by the mob at the Westgate was
only for the surrender of the prisoners. After some
further observations the Learned Gentleman continued—
I have no more to say, Gentlemen. The prisoner at the
bar stands, I hope, not in danger of a dreadful and
bloody death, for I believe the law would deny him
a grave. It is not necessary for him to appeal to your '
mercy, but to appeal to your justice. I know that when
when you have considered the whole case, if you find the
whole of the evidence to prove a treasonable intent, utterly
and totally fails by law, he may demand your acquittal.
But I go farther, and says that the events of this case
have taught me a lesson which I shall never forget; but
which, if I were a Juryman, I should treasure as my
heart's blood, that a witness without intending to deceive
may commit a mistake,, upon which the Jury may art ; and
when a fellow-creature has been sacrificed—when it is too
late to repair the error, it may be discovered—what,
Gentlemen, would be your reflections, if, after having
consigned the prisoner, not to the grave, but to a dreadful
death, with scarcely time for repentance for his sins, you
should meet the wife and children, then made widow and
orphans, and discover that you had forgotten some part of
the evidence—some shadow of a shade—some frail and
fragile doubt which would aff•ct the intentions of the pri-
soner and the character of his acts—think what would
then be your reflections. Gentlemen, I have spent the
time and the strength that I possess. I have only to thank
you for the kindness arid attention I have experienced. and
you
Almighty guide you to a just and Christian verdict.
Chief Justice Tindal--John Frost, now is the time if
you wish to add anything to what these gentlemen have
said on your behalf. You cannot he permitted to say any
thing after the Solieittr- General has addressed the Cowl.
The prisoner, who was now somewhat affected, said,
" My Lord, I am so well satisfied with what my Counsel
have said, that I decline saying anything in addition.
It was now past four o'clock, and the A it,rney- General
said it would be a great convenience if the Court could
state how late they were likely to sit this evening, as the
Solicitor-General would not be able to compress his obser-
vations within the usual time of adjournment.
The Chief Justice said be could not well answer the
question. Great inconvenience would arise if it should
be late tomorrow before he was able to begin his sum-
ming up.

The 'Solicitor-General here rose and said—Gentlemen,
the duty which you have to discharge, the duty which the
Learned Judges have to perform, and that which falls to
me, cannot be otherwise than a very painful one. It is
one which, to consult the public safety, to do justice to the
country, to yourselves, and to the prisoner, requires, not
that you should be driven to the discharge of that duty by
appeals calculated to shake your understanding, by ad.
dresses which, instead of being directed to the sound parts
of your minds, so as to enable you to perform your duty
with satisfaction to yourselves, usefulness to the country,