The Sun.
London, England, 1840-03-02 00:00:00

EVENING ED ,
1110N.X

ASSIZE INTELLIGENCE.

IVOR7'IIERN CIRCUIT, Nnwc,osn.r, F.En.-tl9: A.
CHARTISTS—LIBEL CASE.
John Bell, who was some time ago the printer and pub-
lisher of the Northern Liberator, stood charged with
having published a seditious libel, in the shape of an " Ad-
dress from the Working Men of Newcastle-upon-Tyne to
the Manufacturing, Trading, and Middle Class generally
of the United Kingdom." The indictment set forth that
the publication was made with the intention of creating dis-
content amongst the working classes, and exciting them to
a resistance to the Government and the laws, and to insur-
rection, riots, tumults, and disturbances.
Mr. DUNDAS addressed the Jury.—They were in the
present case to consider what was the plain and obvious
tendency of the libel, and to say whether or not they be-
lieved it was calculated to create discontent and excite in- ,
surrection, as charged in the indictment. The Learned
Counsel then read over the document, and commented on
it as he proceeded.
David Grey, a policeman, proved the publication of the
alleged libel by the defendant.
Cobbett, on behalf of the defendant, said, as to po-
litical matters in this country, it could .not be denied that
there had been of late years a much wider license taken
and tacitly allowed in their discussion ; amt that language
of a much stronger kind than would have been tolerated
some time ago had been latterly the usual and common
language employed in speaking on such subjects. Into
the propriety or impropriety of such language he would not
enter, but he thought it a fair consideration for the jury
that, right or wrong, it had been usual. In proof of this
he referred to expressions used in the public prints, and in
the speeches of public men, especially in this town, during
the agitation of the Reform Bill. The Learned Counsel
contended that the evidence of publication was insufficient.
The Learned JUDGE was of opinion that the evidence of
publication was perfectly conclusive. With regard to the
hardship of the case, they had nothing to do; and he
begged them to dismiss from their minds all prejudice. If,
taking the whole document together, they thought its ten-
dency was to terrify and alarm the middle classes, and
compel them by their fears to join with the working classes
in producing certain changes in the Government by illegal
means, they would find the defendant guilty.
The jury returned a verdict of guilty.
SATURDAY, FEB. 29.
(Before Mr. Justice COLERIDGE.)
.lames Ayre, Bronterre O'Brien, William Thomason,
Thomason Deur, and John Mason, were indicted for
sedition, in a bill found at the last Assizes. Devyr did
not appear, and his recognizances were estreated.
Mr. DUSDAS, for the prosecution, said, the circum-
stances out of which the present prosecution arose occur-
red on the 7th of July last, at a public meeting in that
town, where the several parties addressed the crowd as-
sembled. Mr. O'Brien first addressed them. His words
were taken down by a short-hand writer. The Learned
Counsel proceeded to read an account of the proceedings.
Mr. O'Brien began by saying, with reference to the riot at
Birmingham, that the first blood had been shed, and that it
was not the blood of the people. He read an account of
proceedings at Birmingham, several parts of which were
loudly cheered, especially where it related to the weapons
found on the persons of some of the crowd, daggers, &e.
The Learned Counsel went in detail through the evidence,
as subsequently given by the reporter, and commented on
it as he proceeded. Such advice as this, the Learned
Counsel concluded by saying, would be ruinous to the
country; above all, to that very class to whom it was ad-
dressed.
Mr. William Harrison, a reporter for the Tyne Mercury,
gave an account of the commencement of the proceedings
as stated by Mr. Dundas, and then proceeded to detail
the speeches of the different defendants as they sucessiyely
addressed the meeting. He read from his notes. Mr.
O'Brien, after referring to the proceedings at Birmingham,
went on to say :—" From this they would see the Govern-
ment, through the local authorities, had determined to put
down the right of Englishmen to meet. I tell you the
people of Birmingham met in the Bullring, hot to obstruct
the thoroughfare, but because there was no place within
the borough where they could meet—that the Town-ball,
though not built by the people, could not have been built
by the middle classes but from what they had wrung from
working men. He said the Government wished to put
down public meetings, but they could not and should not. He
said that he had already told the people that there would be
a desperate struggle, and that the middle classes would
sacrifice half the population rather than grant them their
civil rights, and that they must be prepared for a rainy
day. He had not advised the people to arm for the purpose
of forwarding the interests of any class, but to agitate ; not
to break the law, but to stand on the very outside of the
law; but when he saw the Government was about to super.
sedo trial by jury and habeas corpus, to deprive them of
the last vestige of their privileges, he would advise the men
of England to arm to a man. " When you hear a fair state.
ment of the position of the people I call upon you to arm
with all possible means, and if you are not allowed to
meet to read the newspapers—if you are to be met by
military and police--there is only one argument they
can use. When the people are actually massacred it is
time to advise them to arm. A great portion of the Con-
vention are in gaol—twelve men are arrested for riots which
the authorities have caused themselves. It was the police
first commenced the attack. They are the rioters, and they
should now be in gaol instead of the parties are cited.
There was no law but for 700,000 of the middle class's,
and they would put the working classes down by law. I
know there is a warrant out against me ; 700,000 persons
living on rents and plunder. Rather than submit to that
I would massacre the whole of England. Talk not to roe
of the Whig Government at such a time, or of the power of
the Queen. They are mere bugbears—a mere tale for
the time being. The Ministers had no power but from the
House of Commons, and it had no power but from the
700,000 conspirators, who could change the course of
! legislation. lam sure there is no person present who will
believe I could make such a charge against any person
because he belongs to the middle classes ; every person
who will give me the same right as himself is an honest
man; but I speak of the majority. These are the con-
spirators, and as they have taken that which belongs to
others, they arc traitors and robbers. If you would pre.-
serve the peace of this town, the men of Newcastle should
be ashamed if they had not at least one good musket." Ho
then spoke of France, and the right of the ancients to arm.
" Unless I see (he continued) the people properly armed
I shall renounce the movement. I shall not risk my life
if you do not know your rights; and if you know them I
will retire from the Convention, if you are not prepared to
act after being refused them. If you know your rights
you are miserable cowards if you do not take them without
loss of time. When you see the arguments which are pre-
pared to meet your arguments you must arm to the teeth,
that the fate of the men of Birmingham may not be yours."
Mason followed O'Brien, concurring with the last speaker.
He moved that the Government had been guilty of high trea-
son in dispersing the people of Birmingham when as-
sembled to discuss their mighty grievances. He added
some other observations in a similar strain. Thomason
rose to second that resolution. He said he had always
been cautious in giving an opnion of physical force ; but
that, it' the people were ready to die for their freedom, he
was prepared to go with them. He said he need not say
much more about arming ; that there never had been any
great object gained without physical force. Devyr then
addressed the meeting in a similar strain. He moved that
in case the authorities of Newcastle should attempt to dis-
perse the people, they would meet illegal force with con-
stitutional resistance. Thanks were then voted to Mr.
O'Brien. He returned thanks, and again u-ge.l them to
arm ; that the best way to keep peace was to be always
ready for war. James Ayre then addressed the meeting;
he spoke in a similar stra'n to the speakers who had pre-
ceded him. He said they should agitate the bricks and
mortar. They had created property, and they had a right
to destroy it.
In cross-examination by Mr. O'Bruee, the reporter
stated that it was usual throughout England to colour the
reports according to the politics of the proprietors of the
paper. He was not aware that it was conride'ed a Trent
with reporters to do so, an 4 it was far from his iastructions.
Saw a report of Mr. O'Brien's speech in the Liberator
of the following week. Is not aware there are hardly two
sentences the same in the two reports. Kept his notes of
the transaction by order of the editor of the 7 yn, Mercury.
The report had caused a great sensation at the time, and it
was thought ho would be called on to substantiate his
report. Believes that fifty copies of the report were or-
dered by the Political Union. Cannot recollect Mr.
O'Brien saying that the arms should only be used in self-
defence, and never against the rights or properties of
others. Might make use of these words.
Ayre also cross-examined the witness. In reply to his
questions he stated his report was not a full report—many
tnings were said which he did not take down.
On the case for the prosecution closing,
His LORDSHIP had ereatdoubts about the evidence. He
thought they should have, if not the whole proceedings, at
cart such as would satisfy them they had the whole neces-
sary to bring home the charge.
Mr. Dueoss said, if his Lordship would say there was
no case for the Jury,he would not press the case a step further.
His Lohnstile could not say there was nothing for the
Jury, but he thought it a case in which they would have
great difficulty in coming to a conclusion of the defen-
dant's guilt. •
Mr. DUNDAS, under these circumstances, did not think
lie tvould be justified in withdrawing the case.
Mr. COLBETT was proceeding to address the Jury for
Thomason when our report came away.

CHURCH RATES.—On Saturday, at the Twic-
kenham petty sessions, upwards of a dozen of the inhabitants
of that parish were summoned before Captain Jelf Sharpe and
Messrs. Murray and Twining, the sitting magistrates, to show
cause why they had neglected or refused to pay the amount of
Church-rates assessed on them. Most of the defendants pleaded
inability from the dearth of trade and other depressing circum-
stances, and in all the cases time was given them to pay the re-
spective amounts.
The Monmouth Mcr/ia states that the five
Charti-t convicts who were sentenced to transportation for life
were last Friday removed from the County Goal to the Mill-
bank Penitentiary in London.
CHARTIST AVENGERS'-011 Tuesday night
laft, about half-past nine, as Wm. Harris, of Blackwood, one of
the witnesses against the rioters connected with the late out-
break, home from receiving his expenses as a wit-
„,waylaid and violently assaulted between Gelly
~, b ‘e vas
was gong
(";roc= and Blackwood, by several men from the hills, who beat
him with clubs and other weapons, about his face and stomach,
till he was almost killed, when they left him in the most ex-
cruciating agonies. The poor man is suffering severely from
this brutal attack : but hopes are entertained of his recovery:
One of the villains is known, and it is sapposed that this will
lead to the apprehension of the whole gang, who are now proec,
ling around the hills, intimidating and assailing the witnesses
in the late trials, and commencing again the horrible crueliei
and enormities perpetrated some time ago, by the hordes of
handed ruffians, calks g themselves "Scotch Cattle."—Mon-
eioi!ih

A grand ball was given at Vienna on the 18th
it\st. by Prince Schwarzenberg, awl is said to hays been the
most splendid of any since the time of the great. Congress. The
derorutions are said to have cost upwards of 50,000 goring, anli
the saloons were light;. by 10,000 wax candles. The Arch-
duke Albert, son of the Archduke Charles, was pr•sent, and
the honours of each supper table were done by a Princees of
the Imperial family.— Galignani.